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Pages Replaced by Supplement #19 ( i~i~ _ e . F - ~ ~ 1 ~~,ti s TABLE OF CONTENTS 'z'~-~ ~ ' 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. N 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 Art. III. Administrative Code 137 Div. 1. Generally 137 Div. 2. Department of Treasury 138.1 Div. 3. Department of Finance 139 Div. 4. Department of Records 140 Div. 5. Department of Public Safety 141 Div. 6. Department of Public Services 141 Div. 7. Department of Library 142 Div. 8. Department of Country Club 142 Div. 9. Department of Recreation 142 Art. IV. Manager 142. Art. V. Pensions and Retirement Systems 142.1 Div. 1. Generally 142.1 Div. 2. Social Security 142.1 Supp. No. 17 Xi iI 1 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 !I 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. IV. Marine Sanctuaries . 333 6. Buildings and Building Regulations 381 Art. I. In General 383 Art. II. Minimum Construction Standards 383 Art. III. Appearance Code 384 Div 1. Generally . 384 Div. 2. Reserved 398.3 Div. 3. Certificate of Appropriateness.......... 398.3 Art. N Reserved 398.5 Art. V. Signs and Outdoor Displays . 398.5 Art. VI. Energy Efficiency Building Code 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 Supp, No. 17 X11 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 1 137, 138 17 iii 1 138.1 17 v, vi OC 139, 140 OC vii, viii OC 141, 142 OC ix OC 142.1, 142.2 16 x.i, x.ii 1 143 16 x.iii 1 144.1, 144.2 12 xi, xii 17 144.3 12 xiii, xiv 16 145, 146 9 xv 16 147, 148 9 1 OC 149, 150 12 3, 4 8 150.1, 150.2 12 5, 6 12 151, 152 11 6.1, 6.2 18 153, 154 11 7, 8 OC 155, 156 17 9, 10 OC 156.1, 156.2 17 11, 12 OC 157, 158 10 13, 14 OC 159, 160 10 65 18 161, 162 12 77 OC 163, 164 12 79, 80 OC 165 12 81, 82 9 211 OC 133 10 213 11 135, 136 14 263 OC Supp. No. 18 [1] i i NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 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 17 561, 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 13 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 17 729 5 1343 4 Supp. No. 18 [2] i I I CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 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 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 1689, 1690 17 2507, 2508 13 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 2355, 2356 OC 2517, 2518 OC 2357, 2358 OC 2619 14 2359, 2360 OC 2819, 2820 17 2361, 2362 OC 2869, 2870 OC Supp. No. 18 [3] i i i l NORTH PALM BEACH CODE Page No. Supp. No. 2871 OC 2873 OC 2875, 2876 OC 2877, 2878 OC 2879, 2880 OC 2881, 2882 14 2883, 2884 14 2885, 2886 18 2933, 2934 OC 2935, 2936 17 2937, 2938 17 2939, 2940 17 2941, 2942 17 2943,2944 17 2945, 2946 17 2947, 2948 17 2949, 2950 17 2950.1 17 2951, 2952 16 2952.1 16 2953, 2954 14 2955, 2956 17 2965, 2966 15 2967 15 Supp. No. 18 ~4~ 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 who later terminates such residency, shall, imme- (c) Before final passage of the budget ordi- diately upon termination of residency, be deemed nance, the village clerk shall cause the same as 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 privilege 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 Qf 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. Charter reference-Provisions of former charter not (Code 1970, § 2-18) embraced in or inconsistent with 1976 revision continued in effect as ordinances, Art. VI, § 1. Sec. 2-2. Budget procedures. Sec. 2-3. Adjournment of meetings of boards (a) The village manager shall prepare and and commissions. submit to the members of the council, at least forty-five (45) days prior to the first regular All regular meetings, special meetings and meeting of the council in September of each year, workshop meetings for village boards and com- a budget for the operation of the village govern- missions shall be adjourned on or before 11:00 meat 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 (b) The council is hereby authorized and em- invest its funds: 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. 14 135 § 2-4 NORTH PALM BEACH CODE the Florida Interlocal Cooperation Act, as Sec. 2-18. Same-Presiding officer. provided in Section 163.01 of the Florida (a) The mayor shall preside at all meetings, if Statutes. present, and in his absence, the vice-mayor. In the (2) Securities and Exchange Commission reg- absence of both the mayor and vice-mayor, the istered money market funds with thehigh- president pro tem shall preside. est credit quality rating from a nationally recognized rating agency. (b) The presiding officer shall preserve order and decorum. He shall appoint all committees (3) Saving accounts in state-certified quali- unless the council shall otherwise direct. fled public depositories, as defined in Sec- tion 280.02 of the Florida .Statutes. (c) Terms of mayor. No person may serve more than one-year term as mayor of the village. A (4) Certificates of deposit in state-certified person who served as mayor of the village for one qualified public depositories, as defined in (1) term shall not serve as mayor during the Section 280.02 of the Florida Statutes. following council year, but beginning one (1) year (5) Direct obligations of the U.S. Treasury. after termination of his one-year term as mayor of the village, he may again serve as mayor for a (6) Federal agencies and instrumentalities. period not to exceed one (1) year. The securities listed in paragraphs (3), {4), (5) (Code 1970, § 2-9; Ord. No. 218-70, § 1; Ord. No. and (6) above shall be invested to match invest- 8-82, § 1, 4-22-82) ment maturities with known cash needs and anticipated cash-flow requirements. Sec. 2-19. Adjournment of all meetings. (Ord. No. 31-95, § 1, 10-26-96) All regular meetings, special meetings and Editor's note-Ord. No. 31-95, adopted Oct. 26, 1996, has workshop meetings for the village council shall be been codified herein at the discretion of the editor as § 2-4. adjourned oII or before 11:00 p.m. on the date Secs. 2-5-2-15. Reserved. when the meeting convened. In the event there is pending business on the floor at 11:00 p.m. during one (1) of the meetings, the chair shall at that ARTICLE II. COUNCIL* time entertain a motion that the meeting be reconvened at a time and date certain,. but upon DIVISION 1. GENERALLY failure of the council to agree upon such motion, the meeting shall be adjourned and the business Sec. 2-16. Compensation. pending at the time of adjournment .shall be the first item on the agenda of the next meeting of the The compensation of all members elected to the village council pertaining thereto. village council is hereby fixed at the sum of four (Ord. No. 24-79, § 1, 11-8-79) hundred dollars ($400.00) per month. (Code-1970, § 2-7; Ord. No. 20-78, § 3, 8-10-78; Secs. 2-20--2-25. Reserved. Ord. No. 2-88, § 1, 1-14-88; Ord. No. 16-97, § 1, 3-13-97) DIVISION 2. RULES OF PROCEDURE# Charter reference-Compensation, Art. III, § 4. Sec. 2-1'7. Regular meetings-When held. Sec. 2-26. Order of business. The regular meetings of the village council The following order shall be observed in the shall be held on the second and fourth Thursdays transaction of business, but such order may be of each month. varied by unanimous consent of the councilmen present: (Code 1970, § 2-8) Charter reference-Meetings procedure, Art. III, § 9(a). (1) Roll Call; *Charter reference~Legislative provisions generally, Art. tCharter reference-Authority to determine rules of III. procedure, Art. III, § 9(b). Supp. No. 14 136 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 service 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 Less than 4 0 plan participation is generally utilized; however, 4 40 service and participation requirements may be 5 50 included. Entitlement age is sixty (60) with one g 60 (1) year of plan participation. 7 70 (Ord. No. 16-91, § 6, 4-11-91) g 80 9 90 Sec. 2-170.6. Benefit formula. Ten (10) or more ~ 100 (Ord. No. 16-91, § 9, 4-11-91) [The benefit formula shall be as follows:] (1) Past service (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 (g) is the to the cost for the year by the most recent actu- maximum years of past service for which a arial valuation. member may receive credit. (Ord. No. 16-91, § 10, 4-11-91) (2) Future service (after plan begins). Ten dol- Sec. 2-170.10. Trustee and contact person. lays ($10.00) per month for each year of The village finance director will act as trustee future service. and contact person and will be responsible for (3) Maximum monthly benefit. The m~iximum contacting the agent or agency administrating the monthly benefit a member can receive at plan regarding changes and modifications to the the entitlement age is three hundred dol- plan. lays ($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 fifty a year of credited service. The point system that 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 which this division derives, is not printed herein, but is on file The preretirement death benefit is the death 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 ARTICLE. VI. CODE ENFORCEMENT amount payable is the greater of the face amount BOARD of the life insurance or the member's accrued 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, protect thousand dollars ($30,000.00). and improve the health, safety and welfare of the Supp. No. 10 159 i § 2-171 NORTH PALM BEACH CODE citizens of the village and to provide an equitable, Chapter 7, Village of North Palm Beach Code, expeditious, effective and inexpensive method of containing the bulkhead lines code. enforcing the hereinafter described codes and Chapter 11, Village of North Palm Beach ordinances of the village where a pending or Code, containing the electrical code. repeated violation continues to exist. (Ord. No. 19-79, § 1, 9-17-79; Ord. No, 9-80, § 2, Chapter 12, Village of North Palm Beach 4-24-80; Ord. No. 16-82, Art. 1~ 9-9-82; Ord. No. Code, including the fire prevention code. 2-86, § 1, 3-27-86) Chapter 14, Village of North Palm Beach Code, containing the health and sanitation code. Sec. 2-172. Definitions. Chapter 15, Village of North Palm Beach The following words, terms and phrases, when Code, containing the housing -code. used in this article, shall have the meanings ascribed to them in this section, except where the Chapter 17, Village of North Palm Beach context clearly indicates a different meaning: Code, containing the occupational license code. Attorney. Attorney for the village who will ad- Chapter 19, Village of North Palm Beach vise the code enforcement board of legal rules or Code, containing the noise control code. give other legal assistance as required. Chapter 24, Village of North Palm Beach- . , Code inspector. Those authorized agents or em- Code, containing the streets, sidewalks and ployees of the village whose duty it is to insure driveways code. code compliance with the codes referred to above, Chapter 25, Village of North Palm Beach including, but not limited to, the village manager, Code, containing the swimming pool code. building official, director of public- safety, and finance director. Chapter 27, Village of North Palm Beach Code, containing the trees and shrubbery code, f Enforcement board. The Village of North Palm including landscaping of yards and parking Beach Code Enforcement .Board. lots: Repeat violation. A violation of a provision of a Chapter 28, Village of North Palm Beach code or ordinance by a person whom the code Code, containing the franchise ordinance for enforcement board has previously found to have the use of the Village rights-of--way for utilities. violated the same provision within five (5) years Chapter 36, Village of North Palm Beach prior to the violation. Code, containing the subdivision. code. (Ord. No. 19-79, § 3, 9-27-79; Ord. No. 9-80, § 4, 4-24-80; Ord. No. 16-82, Art. II, 9-9-82; Ord.. No. Chapter 45, Village of North Palm Beach 8-90, § 1, 4-12-90) Code, containing the zoning code. (Ord. No. 19-79, § 2, 9-27-79; Ord. No. 25-79, § 1, Sec. 2-173. Applicability. 12-13-79; Ord. No. 9-80, § 3, 4-24-80; Ord. No, 15-86, § 2, 10-9-86) The code enforcement board shall enforce and have jurisdiction of the following codes: Sec. 2-174. Organization of board. Chapter 4, Village of North Palm Beach Code, containing the animals and fowl code, (a) Qualifications -and terms. The village coun- cil shall appoint aseven-member code enforce- Chapter 5, Village of North Palm Beach Code, ment board and legal counsel for the board. The containing the docks and waterways code. members shall have the following qualifications Chapter 6, Village of North Palm Beach Code, and terms of office: including the building code, the gas code, the (1) Members of the enforcement board shall be mechanical code, the plumbing code, the appear- ~ residents of the village. Appointments shall ante code and Appendix A, appearance plan, be made by the village council on the basis and the sign code. of experience of interest in the fields of Supp. No. 10 160 ADMINISTRATION § 2-175 zoning and building control. The member- Sec. 2-1'75. Enforcement procedure. ship of the enforcement board shall, when- ever possible, include: (a) It shall be the duty of the code inspector to a. An architect; initiate enforcement proceedings of the various codes. b. A businessman; c. An engineer; ~ (b) If a violation of the codes is found, the code inspector shall notify the violator, unless para- d. A general contractor; graph (c) of this section applies, and give tho e. A subcontractor; violator a reasonable time to correct the violation. f. A realtor; Should the violation continue beyond the time specified for correction, the code inspector shall g. No particular profession. notify the enforcement board and request a hear- (t) In order that the terms of office of all ing pursuant to the procedure in section 2-176. members will not expire at the same time, Written notice shall be hand delivered or mailed the initial appointments to the enforce- to the violator as provided in section 2-181. At the went board shall be as follows: option of the code enforcement board, notice may a. Two (2) members shall be appointed additionally be served by publication or posting as for a term of one (1) year; provided in section 2-181. If the violation is cor- rected and~then recurs or if the violation is not b. Three (3) members shall be appointed corrected by the time specified for correction by for a term of two (2) years; the code inspector, the case may be presented to c. Two (2) members shall be appointed the enforcement board even if the violation has for a term of three (3) years. been corrected prior to the board hearing, and the Thereafter, all appointments shall be made fora notice shall so state. term of three (3) years. Appointments to fill any (c) If the code inspector has reason to believe a vacancy on the enforcement board shall be for the violation or the condition causing the violation. remainder of the unexpired term of office. If any presents a serious threat to the public health, member fails to attend two (2) of three (3) succes- safety, and welfare or if the violation is irrepara- sive meetings without cause and without prior ble or irreversible in nature, the code inspector approval of the chairman, the board shall declare shall make a reasonable effort to notify the viola- the member's office vacant and the village council for and may immediately notify the enforcement shall promptly fill such vacancy. The members board and request a hearing. shall serve at the pleasure of the village council. (b) Officers; quorum; compensation. The mem- (d) If a repeat violation is found, the .code bers of the enforcement board shall elect achair- inspector shall notify the violator, but is not man from among its members who shall be a required to give the violator a reasonable time to voting member. The presence of four (4) or more correct the violation. The code inspector, upon members, shall constitute a quorum of the enforce- notifying the violator of a repeat violation, shall ment board. Members shall serve without com- notify the code enforcement board and request a pensation, but maybe reimbursed for such travel hearing pursuant to the procedure in section expenses, mileage expenses, and per diem ex- 2-176. The case may be presented to the code penses as may be authorized by the village coon- enforcement board even if the repeat violation cil. has been corrected prior to the board hearing, and the notice shall so state. Written notice, with a (c) Attorney. The village attorney shall be coon- scheduled hearing, shall be provided pursuant to sel to the code enforcement board. section 2-181. (Ord. No. 19-79, § 4, 9-27-79; Ord. No. 9-80, § 5, (Ord. No. 19-79, § 5, 9-27-79; Ord. No. 9-80, § 6, . 4-24-80; Ord. No. 16-82, Art. III, 9-9-82; Ord. No. 4-24-80; Ord. No. 8-90, § 4, 4-12-90; Ord. No. 8-90, § 3, 4-12-90; Ord. No. 17-91, § 1, 4-25-91) 18-96, § 1, 5-9-96) Supp. No. 12 161 § 2-176 NORTH PALM BEACH CODE Sec. 2-176. Condaaet of hearing. tions specified in section 2-178, the cost of repairs ' maybe included along with the fine if the order is (a) The chairman of the enforcement board not complied with by said date. may call hearings of the enforcement board and - (Ord. No. 19-79, § 6, 9-27-79; Ord. No. 9-80, § 7, hearings may also be called by written notice 4-24-80; Ord. No. 16-82, Art. IV, 9-9-82; Ord. No. signed by at least three (3) members of the 19-85, § 1, 10-24-85; Ord. No. 18-96, § 2, 5-9-96) . enforcement board. The enforcement board, at any hearing, may set a future hearing date. The enforcement board shall -attempt to convene no Sec. 2-177. Powers of the enforcement board. less frequently than once every two (2) months, but yet meet more or less often as the demand The enforcement board shall have the power to: necessitates. Minutes shall be kept of all hearings (1) Adopt rules for the conduct of its hearings. by the enforcement board and all hearings and The chairman of the enforcement board proceedings shall be open to the public. The hearing shall advise the alleged violator of village clerk shall provide clerical and adminis- the Code section of which he is accused, trative personnel as may be reasonably required and shall first seek to determine if the by the enforcement board for the proper perfor- alleged violator pleads guilty or innocent to mance of its duties. such charge. If the alleged violator admits (b) Each case before the enforcement board guilt, then the board shall hear such testi- shall be presented by the Pillage's administrative mony and evidence as it deems necessary staff. If the local governing body prevails in pros- to remedy the violation or punish the of- ecuting acase before the enforcement board, it fender. If the alleged violator states he is shall be entitled to recover all costs incurred in not guilty of violating the village Code rosecutin the case before the board and such (section] >n question, then the board shall osts maygbe included in the lien authorized hear first from the village, village wit- under section 2-178. nesses and evidence, and the allegedviola- ~ for shall have the right to cross examine (c) The enforcement board shall proceed to village witnesses. At the close of the pre- - hear the cases on the agenda for that day. All sentation of the village's case against the testimony shall be under oath and shall be re- alleged violator, the alleged violator shall corded. The enforcement board shall take testi- be permitted to present his evidence, testi- monyfrom the code inspector and alleged violator mony of the other witnesses and his own and from any witness called on behalf of either testimony in defense. The village shall have the village or the alleged violator. Formal rules of the right to cross examine the alleged vio- evidence shall not apply; however, fundamental lator and his witnesses. The burden of due process shall be observed and govern said proving the alleged violation of the village proceedings. Both the .village and the alleged Code as described above shall be on the violator shall have the right to subpoena witness village to prove by a preponderance of to testify at the hearing. ~ evidence that the alleged violator is guilty of violating the Code section of which he is (d) At the conclusion of the hearing, the en- accused. forcement board shall issue findings of fact and conclusions of law and shall issue an order afford- (2) Subpoena alleged violators and witnesses ing the proper relief consistent with powers granted to its hearings. Subpoenas may be served herein. The findings shall be by motion approved by the village's police department. by a majority of those present and voting, except (3) Subpoena records, surveys, plats and other that at least four (4) members of the enforcement material. board must vote in order for the action to be (4) Take testimony under oath. official. The order may include a notice that it must be complied with by a specified date and (5) Issue orders having the force of law com- ~ ~ that a fine may be imposed and, under the condi- mantling whatever steps are necessary to , Supp. No. 12 162 ADMINISTRATION § 2-178 bring a violation into compliance. A certi- the violator to pay a fine as hereinafter specified. fled copy of such order may be recorded in A fine imposed pursuant to this section shall not the public records of the county, and shall exceed two hundred fifty dollars ($250.00) per day constitute notice to any subsequent pur- for a first violation and shall not exceed five chasers, successors in interest or assigns, if hundred dollars ($500.00) per day for a repeat the violation concerns real property, and violation and, in addition, may include all costs of the findings therein shall be binding upon repairs pursuant to subsection (a). However, if a the violator, and, if the violation concerns code enforcement board finds the violation to be real property, any subsequent purchasers, irreparable or irreversible in nature, it may im- successors in interest or assigns. If the pose a fine not to exceed five thousand dollars order is recorded in the public records ($5,000.00) per violation. pursuant to this subsection and the order is complied with by the date specified in the (b) Determination of amount of fine. In deter- order, the enforcement board- shall issue an mining the amount of the fine, if any, the enforce- order acknowledging compliance that shall ment board shall consider the following factors: be recorded in the public records. Ahearing (1) The gravity of the violation; is not required to issue such an .order acknowledging compliance. (2) Any actions taken by the violator to correct (Ord. No. 19-79, § 7, 9-27-79; Ord. No. 9-80, § 8, the violation;- and " 4-24-80; Ord. No. 8-90, § 5, 4-12-90; Ord. No.-4-91, (3) Any previous violations committed by the § 1, 2-28-91) ~ violator. (c) Reduction of fine. The code enforcement Sec. 21'78. Fines; liens. board may reduce a fine imposed pursuant to this section. A fine imposed pursuant to this article (a) Generally. The enforcement board, upon shall continue to accrue until the violator comes notification by the code inspector that a previous into compliance or until judgment is rendered in a order of the enforcement board has not been suit to foreclose on a lien filed pursuant to this complied with by the set time or, upon finding section, whichever occurs first. that the same violation has been repeated by the same violator, may order the violator to pay a fine (d) Copies of orders imposing fines. A certified in an amount specified in this section for each day copy of an order imposing a fine may be recorded the violation continues past the date set for com- in the public records and thereafter shall consti- pliance, or, in the case of a repeat violation, for tote a lien against the land on which the violation each day the repeat violation continues past the exists and upon any other real or personal prop- date of notice to the violator of the repeat viola- erty owned by the violator. Upon petition to the tion beginning with the date the repeat violation circuit court, such order may be enforced in the is found to have occurred by the code inspector. In same manner as a court judgment by the sheriffs addition, if the violation is a violation described in of this state, including levy against the personal section 2-175(c), the enforcement board shall no- property, but such order shall not be deemed to be tify the local governing body, which may make all a court judgment except for enforcement purr reasonable repairs which are required to bring poses. A fine imposed pursuant to this part shall the property into compliance and charge the vio- continue to accrue until the violator comes into lator with the reasonable cost of the repairs along compliance or until judgment is rendered in a suit with the fine imposed pursuant to this section. If to foreclose on a lien filed pursuant to this section, a finding of a violation or a repeat violation has whichever occurs first. A lien arising from a fine been made as provided in this article, a hearing imposed pursuant to this section runs in favor of shall not be necessary for issuance of the order the local governing body, and the local governing imposing the fine. If, after due notice and hearing, body may execute a satisfaction or release of lien a code enforcement board finds a violation to be entered pursuant to this section. After three (3) irreparable or irreversible in nature, it may order months from the filing of any such lien which Supp. No. 12 163 § 2-178 NORTH PALM BEACH CODE - ~y remains unpaid, the enforcement board may au- return receipt requested; by hand delivery by thorize the local. governing body attorney to fore- public safety officer, code inspector or other per- close on the lien. In an action to foreclose on a son designated by the village council; or by leav- lien, the prevailing party is entitled to recover aII ing the notice at the violator's usual place of costs, including a reasonable attorney's fee. No residence with any person residing therein who is lien created pursuant to the provisions of this above fifteen (15) years of age and informing such section may be foreclosed on real property which person of the contents of the notice. is a homestead under article X, section 4 of the state Constitution. (2) In addition to providing notice as set forth (Ord. No. 19-79, § 8, 9-27-79; Ord. No. 9-80, § 9, ~ subsection (1), at the option of the code enforce- 4-24-80; Ord. No. 16-82, Art. V, 9-9-82; Ord. No. went board, notice may also be served by publi- 2-86, § 2, 3-27-86; Ord. No. 8=90, § 6, 4-12-90; Ord. cation or posting, as follows: _ No. 18-96, § 3, 5-9-96) (a) 1. Such notice shall be published once during each week for four (4) consecu- Sec. 2-179. Duration of lien. tive weeks (four publications being suf- No lien shall continue for a period longer than ficient) in a newspaper of general cir- twenty (20) years after the certified copy of an culation in the county where the code order imposing a fine has been recor-ded, unless enforcement board is located. Thenews- within that time an action to foreclose on the lien paper shall meet such requirements as is commenced in a court of competent jurisdiction. are prescribed under chapter 50 of the In an action to foreclose on a lien, the prevailing Florida Statutes for legal and official party is entitled to recover all costs, including a advertisements. reasonable attorney's fee, that it incurs in the 2. Proof of publication shall be made as foreclosure. The local governing body shall be provided in Sections 50.041 and 50.051, entitled to collect all costs incurred in recording Florida Statutes. and satisfying a -valid lien. The continuation of (b) 1. In lieu of publication as described in the lien effected by the commencement of the paragraph (a), such notice may be posted action shall not be good against creditors or for at least 10 days in at least two subsequent purchasers for valuable consideration locations, one of which shall be the . without notice, unless a notice of lis pendens is property upon which the violation is recorded. alleged to exist and the other of which (Ord. No. 18-96, § 4, 5-9-96) shall be at the primary municipal gov- ernment office. Sec. 2-180. Appeal. 2. Proof of posting shall be by affidavit of An aggrieved party, including the village noun- the person posting the notice, which cil, may appeal a final administrative order of the affidavit shall include a copy df the ~ " enforcement board to the circuit court of the notice posted and the date and places county. Such an appeal shall not be a hearing de of its posting. novo, but shall be limited to .appellate review of the record created before the enforcement board. (c) Notice by publication or posting may run An appeal shall be filed within thirty (30) days of concurrently with, or may follow, an at- the execution of the order to be appealed. tempt or attempts to provide notice by (Ord. No. 19-79, § 9, 9-27-79; Ord. No. 9-80, § 10, hand delivery or by mail as required under 4-24-80; Ord. No. 16-82, Art. VI, 9-9-82; Ord. No. subsection (1). 2-86, § 3, 3-27-86; Ord. No. 18-96, § 5, 5-9-96) Evidence that an attempt has been made to hand Sec. 2-181. Notices. deliver or mail notice as provided in subsection (1), together with proof of publication or posting (1) All notices required by this article shall be as provided in subsection (2) shall be sufficient to provided to the alleged violator by certified mail, show that the notice requirements of this part ;~- Supp. No. 12 164 ADMINISTRATION § 2-181 have been met, without regard to whether or not . the alleged violator actually received such notice. (Ord. No. 19-79, § 10, 9-27-79; Ord. No. 9-80, § 10, 4-24-80; Ord. No. 8-90, § 7, 4-12-90; Ord. No. 18-96, § 6, 5-9-96) [The next page is 211] Sugp. Na. 12 165 r` r S ALCOHOLIC BEVERAGES § 3-3 Sec. 3-1. State law definitions adopted. As used in this chapter, the terms defined in F.S. sections 561.01, 563.01, 564.01 and 565.01, shall have the same meanings as indicated in such sections. Sec. 3-2. Sales restricted; hours of sale. It shall be unlawful for any person to sell or serve for consumption on premises or to consume, or to permit the sale or service for consumption on premises of any intoxicating liquors or beverages in any place holding a license from the state, or in any public place within the village, and it shall be unlawful for any person to buy, sell or deliver, or to permit the purchase, sale or delivery of any intoxicating liquors or beverages except beer, ale and wine in sealed containers for consumption off the premises: (1) Between the hours of 2:00 a.m. and 7:00 a.m. of any day including Sunday except January 1 of any year; or (2) Between the hours of 5:00 a.m. and 7:00 a.m. on January 1, of each and every year. (Code 1970, § 3-34; Ord. No. 226-71, § 1, 2-25-71; Ord. No. 8-50, § 1, 4-24-80; Ord. No. 4-96, § 1, 1-25-96) Sec. 3-3. Consumption on playgrounds and public parks. No person shall drink any spirituous, vinous, malt or other intoxicating beverages in or upon any of the following public parks, playgrounds or school grounds within the village: Anchorage Park, Osborne Park, North Palm Beach public school playground, Yacht Club recreation area on Lake Worth. (Code 1970, § 24-2) [The next page is 263] Supp. No. 11 213 ELECTRICITY § 11-12 ARTICLE I. IN GENERAL. 80-I2. Violations and penalties. Delete entirely. (Ord. No. 10-78, § 3, 5-25-'78; Ord. No. 7-79, § 2, Secs. 11-1-11-10. Reserved. 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) ARTICLE II. ELECTRICAL CODE* Sec. 11-11. Codes adopted. The National Electric Code, 1996 edition, and the Palm Beach Countywide Amendments thereto, and The Model Countywide Administrative Code, 1994 edition, for the building, electric, gas,. me- chanical and plumbing codes; all of which have been reviewed by the building code advisory board of the county, are hereby adopted and incorpo- rated herein, as part of the minimum construc- tion standards 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-$5, § 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) Editor's note-It should be noted that the county amend ments referred 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 permit 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. *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 Art. II, 11-11, 11-12 of this Code. [The next page is 695] Supp: No. 13 673 MOTOR VEHICLES AND TRAFFIC § 18-38 (3) The location for such parked equipment (10) Such parked equipment shall not be used shall be in the rear yard or in the side in the course of any commercial activity. yard to the rear of a line established by For this purpose, commercial activity shall the front building line adjacent to the side include any type of business or activity yard where the equipment is located; pro- which is conducted on or off the subject vided, however, that on corner lots such premises. equipment shall not be parked on the side (Code 1970, § 30-1; Ord. No. 26-72, § 1; Ord. No. yard which faces a public street. 11-79, § 1, 6-14-79; Ord. No. 27-93, § 1, 12-9-93; (4) Such equipment shall, at all times, have Ord. No. 38-97, § 1, 8-28-97) attached a current vehicle license plate. Sec. 18-36. Parking in violation of signs. (5) When parked on the site, such equipment shall not be used for living or sleeping It shall be unlawful, when signs have been quarters or for housekeeping or storage erected giving notice thereof, to stop, stand or purposes and shall not have attached Park a vehicle in violation of signs regulating or thereto any water, sewer, electric or gas Prohibiting the stopping, standing or parking of service connection. vehicles. Exception: Guest equipment as defined in Sec. 18-3'7. Violations; fines®I~andicap subsection (2). spaces. (6) Such equipment shall not exceed the max- The fine for stopping, standing or parking in imum length, width, height and weight handicap parking spaces in violation of F S. sec- permitted under applicable provisions of tions 316.1955, 316.1956 shall be in the amount of the motor vehicle laws of the State of one hundred dollars ($100.00). Florida; provided, however, the maximum (Ord. No. 32-90, § 1, 8-9-90) length shall not exceed thirty (30) feet Editor's note-Ordinance No. 32-90, adopted Aug. 9, and the maximum height shall not exceed 1990, did not specifically amend this Code; hence, inclusion of ten (10) feet. § 1 as § 18-37 was at the discretion of the editor. (7) Such equipment shall be secured so that Sec.. 18-38. Same®l~on-handicap spaces. it will not be a hazard or menace during high winds or hurricanes. At least four (4) The fine for stopping, standing and parking a hurricane ground anchors shall be avail- vehicle in violation of provisions, other than hand- able at each site for each piece of equip- icap parking provisions, of this article shall be in went where such equipment is stored the amount of twenty-five dollars ($25.00). pursuant to this Code. (Ord. No. 40-90„ § 1, 12-13-90; Ord. No. 5-96, § 1, 1-25-96) (8) All such equipment, when parked in the Editor's note-Ordinance No. 40-90, adopted Dec. 13, side yard, shall be visually screened from 1990, did not specifically amend this Code; hence, inclusion of the view of adjacent properties and street § 1 as § 18-38 was at the discretion of the editor. right-of--ways with an opaque wall, fence, gate or hedge to a height of six (6) feet and length and width of such equipment. A wall, gate or fence shall not exceed six (6) feet in height when located in any build- ing setback area. (9) The village council finds that, as a matter of fact, recreational and camping equip- ment is a customary accessory use of the land in R-1 and R-2 zoning districts in the village. [The next page is 1225] Supp. No. 17 1175 i_ 1 II C i l I 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~I 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 1-4 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 Sapp. No. 18 2885 II I NORTH PALM BEACH CODE Adoption Section Ord. No. Date Section this Code 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 2-12-98 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-ll-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) [The next page is 2933] Supp. No. 18 2886 CODE INDEX Section Section A ALARMS (ConfdJ 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 ment 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 Sales restricted; hours of sale............ 3-2 Oaths of office State law definitions adopted 3-1 Chief administrator and officers, form of Zoning oath 2-41(b) Location of business for retail sales of Members of department of public safety, alcoholic beverages 45-20(2), form of oath 2-41(c) 45-36.N Persons required to take oath of office . 2-41(a) C-3 Regional Business District...... 45-34.1(9) Policy and procedures Department heads 2-43(b) AMBULANCES Departments 2-43(c) Definition 17-50 Officers 2-43(a) Unlawful operation 17-51 ADULT ENTERTAINMENT ESTABLISH- AMUSEMENTSANDAMUSEMENTPLACES MENTS Coin-operated amusements; proximity to Zoning regulations re. See: ZONING (Ap- schools restricted 19-4 pendix C) AND, OR ADVERTISING Definitions and rules of construction 1-2 Handbills; distribution restricted......... 19-7 Noise control policy re loudspeakers and ANIMALS AND FOWL devices for advertising 19-105 Abandoning 4-10 Signs and outdoor displays 6-111 et seq. Birds See: SIGNS AND BILLBOARDS Molesting songbirds 4-9 Village designated bird sanctuary; hunt- AFFIDAVITS ing prohibited 4-2 Home occupations; occupational licenses Cats. See herein: Dogs and Cats Affidavit of applicant required......... 17-2(e) Code enforcement board, applicability re.. 2-173 AFFIRMATION. See: OATH,AFFIRMATION, Contagious diseases, animals with 4-11 SWEAR OR SWORN Cruelty to animals 4-7 Definitions 4-1 AGREEMENTS. See: CONTRACTS AND Dogs and cats AGREEMENTS Collar and tag Required 4-25 ALARMS Unauthorized removal 4-26 Alarm business central office required.... 19-215 Impoundment Alarm permit required 19-208 Disposition upon owner's failure to Application for 19-209 redeem....................... 4-30(d) Issuance 19-211 Notice............................. 4-30(b) Terms; fees; nontransferable 19-210 Redemption by owner 4-30(c) Audible alarms 19-216 Required.......................... 4-30(a) Code enforcement board, enforcement Inoculation 4-24 through 19-217 Prohibited in certain areas; exceptions. 4-27 Definitions 19-207 Rabies control. See herein that subject Exemptions 19-218 Registration 4-24 Supp. No. 17 2935 I NORTH PALM BEACH CODE Section Section ANIMALS AND FOWL (Cont'd.) APPEARANCE PLAN (Appendix A) (Cont'dJ 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 walking dog to carry 4-32 Cost 21-106 Enforcement Definitions 21-103 General enforcement 4-5 Hearing................................ 21-108 Hindering enforcement 4-4 Intent...............................,.. 21-101 Fight, causing animals to 4-8 Purpose............................_.., 21-101 Keeping certain animals prohibited; excep- violations and penalties 21-108 tion 4-6 Killing 4-3 ASSEMBLIES Molesting songbirds or domestic pets..... 4-9 Civil disorders and disturbances; mayor Noise control policy re animal noises 19-107 designated local authority for preser- Nuisances, animals creating 4-12 vation of public peace 8-16 Poisoning 4-3 Meetings of boards and commissions; ad- Rabies control journment of 2-3 Death or destruction, reporting......... 4-46 Meetings of specific boards, etc. See spe- Muzzles; when required 4-45 cific subjects Rabid animals Park and recreation area; meetings and Confinement 4-43 gatherings......................... 20-22 et seq. Duty to report; impounding......... 4-44 See: PARKS, PLAYGROUNDS AND Nuisance, declared 4-42 RECREATION ANNEXATION ATLANTIC OCEAN Planning and development; filing fees .and Regulations governing construction of docks, cost for voluntary annexation of land 21-2 piers in Lake Worth and Atlantic ANTENNAE Ocean 5-85 Zoning regulations 45-21 APPEARANCE PLAN (Appendix A) B A(Note~ection citations contained herein BATHING refer to section citations found within Appendix A) Diseased persons prohibited from bathing Administration V in public pools, etc............ , 19-3 Areas of jurisdiction III BICYCLES Basis I Park regulations 20-6 Criteria for appearance Subdivisions, required improvements re Building and site to .adjoining area, re- bikeways 36-29.1 lationship of N(B) Building design . N(D) BILLBOARDS. See: SIGNS AND BIL_ L- Buildings to site, relationship of......_ N(A) BOARDS Evaluation, factors for N(H) Landscape and site treatment N(C) BIRDS. See: ANIMALS AND FOWL Maintenance-planning .and design fac- tors 1V(G) BLOCKS Miscellaneous structures and street hard- Subdivision design standards 36-18 ware N(F) Signs N(E) BOARDS, COMMITTEES AND COMMIS- Definitions VIII SIONS. See: DEPARTMENTS AND Maintenance for good appearance OTHER AGENCIES OF VILLAGE Buildings and appurtenances........... VII(B) Public property . VII(C) BOATS, DOCKS AND WATERWAYS Site VII(A) Abandoned boats 5-8 Supp. No. 17 2936 CODE INDEX Section Section IMPOUNDMENT (Cont'd.) LANDSCAPING (Cont'dJ Boats, docks and waterways; unlawfully Certain yard areas, off-street parking and anchored or moored vessels other vehicular use areas Department of public safety to im- Existing plant material 27-67 pound 5-18 Installation 27-60 Owner to be notified upon impound- Maintenance 27-61 ment 5-19, 5-20 Parking area interiorlandscaping 27-65 Dogs and cats 4-30 Perimeter landscaping relating to abut- INDECENCYAND OBSCENITY ting properties 27-64 Plant material Adult entertainment establishments Ground covers 27-62(e) Zoning regulations re. See: ZONING (Ap- Lawn. grass 27-62(f) pendix C) ualit 27-62(a) Topless costumes 19-64 Q Y 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 Improved nonresidential properties in ex- J 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 commission, submission of plans Abandoned, inoperative and junked prop- to 27-40(d) erty 14-37 et seq. Objectives........... 27-32 See: GARBAGE AND TRASH Off-street parking landscape manual 27-38 Plot use plan approval prerequisite to issu- g ance of permits for building and pav- ing 27-37 KNIVES. See: FIREARMS AND WEAPONS Refuse container areas 2741 Scope; applicability 27-34 L Weeds and brush 14-79 et seq. LAKE WORTH See: WEEDS AND BRUSH 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: PLANNINGANDDEVELOPMENT 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 Appearance plan (Appendix A). See that Removal from office 16-24 subject Term of office . 16-17 Application of provisions;. enforcement.... 27-33 Vacancies 16-18 Supp. No. 17 2945 NORTH PALM BEACH CODE Section Section P T C LICENSES AND PERMITS LICENSES AND ERMI S ( ont d ) Alarm permit 19-208 et seq. When due and payable................ 17-19 See: ALARMS Park and recreation facilities; meeting and Boat launching area permits _ 5-34 gathering permits.................. 20-31 et seq. Boats, docks and waterways See: PARKS, PLAYGROUNDS AND Limitation on anchoring and mooring in RECREATION prohibited area; mooring permit Public services department, division of per- required 5-17 mits and inspections............... 2-85(1) Bulkhead lines; filling permit......:..... 7-16 et seq. Seawalls. See herein: Bulkheads and Sea- See: BULKHEAD LINES walls Bulkheads and seawalls 5-72 Sidewalk and driveway permits 24-55 et seq. Code enforcement board, applicability re.. 2-173 See: STREETS, SIDEWALKSANDPUB- Driveways. See herein: Sidewalk and Drive- LIC PLACES way Permits Street excavation permits 24-28, 24-29 Emergency medical services 11.5-21 Swimming pool construction permit , 25-23, 25-24 Flood damage prevention development per- Treasure's duties re permits and licenses . 2-51(11) mit 12.5-22 Utilities Garage, related sales 17-62 Use of rights-of--way for utilities; written Home occupations. See also that subject permit _ 28-2, 28-3 Generally . 17-16 et seq. LOTS Occupational license for home occu- 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 LOUDSPEAKERS Commercial vehicles, marking of 17-33,1 Noise control policy re loudspeakers and Compliance by principal deemed compli- devices for advertising 19-105 ante by agent.................... 17-29 Delinquency penalty . 17-20 M Doing business not covered by license.. 17-28 Duplicate licenses 17-27 MANAGER. See: VILLAGE MANAGER Duration 17-19 MANGROVE STANDS Fa1_se statements .Engaging in business without license Flood damage prevention provisions...... 12.5-45 or under license issued on 17-32 MAPS. See: SURVEYS, MAPS AND PLATS License obtained by void ab initio 17-28 Half-year license 17-19 MARINE SANCTUARIES Home occupations. See also that subject Designated 5-101 Generally 17-16 et seq. MAY, SHALL Occupational license for home oc- Definitions and rules of construction 1-2 cupations 17-2(c)et seq. Issuance 17-19 MAYOR Noncompliance of principal.... , 17-29 Civil disorders and disturbances; mayor Nonprofit enterprise, special permit for 17-22 designated local authority for preser- Posted or carried, license to be , 17-26 vation of public peace 8-16 Refund of fee 17-30 Village council; presiding officer at meet- Registration required 17-17 ings............................... 2-18 Renewal 17-20 Required; basis of one year............ 17-16 MEASURES. See: WEIGHTS AND MEA- Specified professions, how tax construed SURES as to _ _ 17-21 MECHANICAL CODE Suspension or revocation 17-30 Standard code adopted........,......... 6-17 Tax exemptions 17-31 Tax schedule . 17-33 MEDICAL SERVICES Transfer of license Emergency medical services 11.5-21 et seq. New location 17-25 See: EMERGENCIES New owner 17-24 MEETINGS. See: ASSEMBLIES Variable factors within applicant's knowl- edge, declaration where fee de- MISSILES, STONES, ETC. pends on 17-23 Throwing missiles 19-83 Supp. No. 17 2946