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Code of Ordinances Supplement 17 SUPPLEMENT NO. 17 March 1999 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. 11-99, enacted February 11, 1999. 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) 137-138.1 137-138.1 155-156.2 155-156.2 267-269 267-269 321, 322 321, 322 329-334 329-334 383-385 383-385 398.7-398.14 398.7-398.14.1 559 559 561-564 561-563 1173-1175 1173-1175 1293, 1294 1293, 1294 1629-1631 1629-1631 1687-1690 1687-1690 2510.5-2510.7 2510.5-2510.9 2819, 2820 2819, 2820 2885, 2886 2885, 2886 2935-2950 2935-2950.1 2955, 2956 2955, 2956 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www.municode.com i TABLE OF CONTENTS Page Officials of the Village iii Preface v Adopting Ordinance vii Readopting Ordinance x.i Checklist of Up-to-Date Pages [1] PART I CHARTER Charter 1. Art. I. Corporate Name 3 Art. II. Territorial Boundaries 3 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 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 NORTH PALM BEACH CODE ; Chapter Page ` Div. 3. Pension and Certain Other Benefits for Gen- eral Employees 142.3 Dav: 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 ~i Art. IV Marine Sanctuaries . 333 ~ - j 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 Supp. No. 17 Xii I I 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 gage 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, 1442 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 12 153, 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 12 161, 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. 17 [1] 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 OG 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 O.C 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 1.175 17 561, 562 17 1225. OC 563 17 1227,.1228 OC 615 OC 1229, 1230 OC 617, 618. OC 1231, 1232 OG 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 72'7, 728 5 1293, 1294 17 729 5 1343 4 Supp. No. 17 [2] 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 2489, 2490 OC 1573 OC 2491, 2492 OC 1575, 1576 OC 2493, 2494 13 1577 OC 2495, 2496 13 1627 9 2497,2498 13 1629, 1630 17 2499, 2500 13 1631 17 2501,2502 15 1681 OC 2503, 2504 16 1683, 1684 OC 2504.1, 2504.2 16 1685, 1686 OC 2505, 2506 10 1687, 1688 17 2507, 2508 13 1689, 1690 17 2509, 2510 13 1739 14 2510.1, 2510.2 13 1741, 1742 13 2510.3, 2510.4 13 2043 OC 2510.5, 2510.6 17 2045, 2046 10 2510.7, 2510.8 17 2047, 2048 OC 2510.9 17 2049, 2050 OC 2511, 2512 OC 2051, 2052 OC 2513, 2514 OC 2053 OC 2515, 2516 OC 2353 OC 2517, 2518 OC 2355, 2356 OC 2619 14 2357, 2358 OC 2819, 2820 17 2359, 2360 OC 2869, 2870 OC 2361, 2362 OC 2871 OC Supp. No. 17 [3] NORTH PALM BEACH CODE l Page No. Supp. No. 2873 OC 2875, 2876 OC 2877, 2878 OC 2879, 2880 OC 2881, 2882 14 2883, 2884 14 2885, 2886 17 2933,. 2934 OC 2935, 2936 17 293.7, 2938 17 2939, 2940 17 2941, 2942 17 2943, 2944 17 ~i 2945, 2946 17 2947, 2948 17 2949, 2950 17 i 2950.1 17 2951, 2952 16 2952.1 16 2953, 2954 14 2955, 2956 17 2965,. 2966 15 2967 15 Supp. No. 17 [4] I ADMINISTRATION § 2-41 (2) Invocation; Sec. 2-40. Departmental organization. (3) Pledge of allegiance; (a) The administrative service of the village (4) Approval of minutes; shall be divided under the administrator into the (5) Report of mayor; following departments and heads thereof: (6) Statements from the public; (1) Department of finance, director of fi- nance. (7) Consent agenda; (2) Department of public safety, director of (8) Petitions and communications; public safety. (9) Reports of special committees and recom- (3) Department of public services, director of mendations of advisory boards; public services. (10) Village manager's report; (4) Department of recreation, director of rec- (11) Declaration of ex pane communications; reation. (12) Ordinances; (5) Department of library, librarian. (13) Resolutions; (6) Department of country club, country club administrator. (14) Miscellaneous business; (15) Adjournment. (b) In addition, there shall be a department of (Code 1970, § 2-17; Ord. No. 6-74, § 1; Ord. No. records .headed by the village clerk and adepart- 22-96, § 1, 6-13-96; Ord. No. 14-98, § 1, 6-25-98) went of treasury headed by the village treasurer under the village council, which departments Sec. 2-27. Parliamentary rules. shall be coordinated into the administrative ser- vice and cooperate with the administrator so as to The presiding officer, when the council is in coordinate the entire administrative service of the session, shall enforce parliamentary rules for its village. government so far as they are applicable to such (Code 1970, § 2-32; Ord. No. 1-75, § 4, 4-10-75; legislative body. Ord. No. 44-97, § 1, 10-9-97) Cross references-Country club, Ch. 9; library, Ch. 16; (Code 1970, § 2-19) parks, playgrounds and recreation, Ch. 20; police, Ch. 23; streets, sidewalks and public places, Ch. 24. Secs. 2-28-2-38. Reserved. Sec. 2-41. Oaths of office. (a) Persons required to take oath of office. Each ARTICLE III. ADNIINISTRt~TIVE CODE of the following officers and employees in the administrative service shall be required to take an oath of office before entering upon the dis- DIVISION 1. GENERALLY charge of his duties, which oath shall be sub- scribed by the person taking it and shall be filed and preserved in the office of the village clerk: Sec. 2-39. Definition. (1) Officers. The village manager and each As used in this article, unless the context department head. otherwise requires: (2) Public safety officers. Every member of the department of public safety (including Chief administrator or administrator is the any private, special, temporary or substi- village manager. tute policemen which the village might (Code 1970, § 2-31) fmd it necessary to appoint). Supp. No. 17 137 § 2-41 NORTH PALM BEACH CODE (b) Form of oath for the chief administrator Subscribed and. sworn to before me this and officers. The following shall be the form of day of , 19 oath for the chief administrator and officers: State of Florida ) Notary Public County of Palm Beach ) ss. Village of North. Palm Beach ) (Code 1970, § 2-33) I, , do solemnly swear Sec. 2-42. Bonds required. of certain officers. that I will support the Constitution of the United States, the Constitution of the State of The following named village officials shall each, Florida, and the Charter and. Code of the Vil- before entering. upon the duties of their respective lage of North Palm Beach; that I will faithfully, offices, give a good and sufficient surety company honestly and impartially discharge my duties bond to the village,. duly approved by the village as during my continu- attorney, and conditioned upon the faithful pen- ance therein; that I am not directly or indi- formanee and discharge of their respective duties, rectly pecuniarily interested in any public ser- and for the proper application and payment. of all vice corporation engaged in business in the money or property coming into their hands by Village of North Palm Beach, or in or with. any virtue of their offices in the following amounts: person. or corporation having contracts with (1) Village manager, two hundred thousand said Village, so help me God. dollars ($200,000.00). (2) Village treasurer, two hundred thousand dollars ($200,000.00). Subscribed and sworn to before me this (3) Village clerk, ten thousand dollars day of ~ lg ($10,000.00). (4) Village. tax collector, two hundred thou- sand dollars ($200,000.00). (c) Form of oath for members of department of (5) Country club manager or country club public safety. The following shall be the form of administrator, two hundred thousand dol- oath for the members of the department of public Lars ($200,000.00). safety: (Code 1970, § 2-34; Ord. No. 23-96, § 1, 6-13-96) State of Florida ) County of Palm Beach ) ss. Sec. 2-43. Policy and procedures. Village of North Palm Beach ) (a) Dfficers. Each officer shall perform all du- I, , do solemnly swear ties required of his office by state law, the charter, that I will support the Constitution of the the Code of the village,.. and such other duties not United States, the Constitution. of the State of in conflict therewith as may be required by the Florida and the Charter and Code of the Vil- village manager. lage of North Palm Beach; and that I will, to (b) Department heads. The heads of depart- the best of my ability, faithfully perform the menu shall: duties of the office of Public Safety Officer during my continuance therein, so help me (1) Responsibility to village manager. The God. heads of departments including the coun- try club administrator shall be immedi- ately responsible to the village manager for the effective administration of their f l I Supp. No. 1? 138 1 I ADMINISTRATION § 2-51 respective departments and all activities be the duty of the treasurer to act to promote, assigned thereto, except as provided in secure and preserve the financial and property section 2-40. interests of the village. The treasurer shall: (2) Inaugurate sound practices. Keep in- (1) Fiscal supervision over officers. Exercise formed as to the latest practices in their general supervision over all officers of the- particularfield and shall inaugurate, with village regarding the proper management the approval of the village manager, such of the fiscal concerns of their respective new practices as appear to be of benefit to offices. the service and to the public. (2) Examine books. Examine the books of (3) Report to village manager. Submit monthly each department, from time to time, and and annual reports of the activities of his see that they are kept in proper form. department to the village manager. (3) Report delinquent payments and financial (4) Maintain records. Establish and maintain reports. See that officers receiving money a system of filing and indexing records pay the same into the village treasury, and reports in sufficient detail to furnish all information necessary for proper con- trol of departmental activities and to form a basis for the periodic reports to the village manager. (5) Authority over employees. Have power, when authorized by the village manager, to appoint and remove, subject to person- nel policy regulations for personnel, all subordinates under him. (6) Maintain equipment. Be responsible for the proper maintenance of all village prop- erty and equipment used in his depart- ment. (c) Departments. Each department shall fur- nish, upon the direction of the village manager, any other department such service, labor and materials as may be requisitioned by the head of such department, and as its own facilities permit, through the same procedure and subject to the same audit and control as other expenditures are incurred. (Code 1970, § 2-35; Ord. No. 44-97, § 2, 10-9-97; Ord. No. 5-99, § 1, 1-28-99) Secs. 2-44-2-50. Reserved. DIVISION 2. DEPARTMENT OF TREASURY Sec. 2-51. measurer's duties. In all cases where the duty is not expressly charged to any other department or office, it shall Supp. No. 17 138.1 ADMINISTRATION § 2-163 this option. A member may elect to receive specified in this plan, the amount of em- a larger pension up to the date he begins ployee contributions "picked-up" or paid receiving social security benefits. The by the village will be added to the amount member's pension benefits may be re- distributed on a current basis in order to duced or terminated after social security determine total wages, salary, pay or com- payments begin. The amount of reduction pensation. In the event that the employer shall be actuarially determined. agrees to assume and pay member contri- (4) Option 4-Other. In lieu of the other op- butions in lieu of direct contributions by tional forms enumerated in this section, the member, such contributions shall ac- benefits may be paid in any form ap- cordingly be paid into the plan on behalf proved by the board so long as actuarial of the members. No member subject to equivalence with the benefits otherwise such agreement shall have the option of payable is maintained. choosing to receive the contributed amounts (Ord. No. 9-82, § 4, 6-10-82; Ord. No. 1-92, § 4, directly instead of having them paid by 2-13-92) the employer directly to the plan. All such contributions by the employer shall be Sec. 2-163. Contributions. deemed and considered as part of the member's accumulated contributions and (a) Member contributions. subject to all provisions of this plan per- (t) Amount. Members of the plan shall make taining to accumulated contributions of regular contributions to the fund at a rate members. The intent of this language is to equal to two (2) percent of their respective comply with section 414(h)(2) of the Inter- nal Revenue Code. earnings. (2) Duration. The village shall pick-up, rather (3) Interest. Interest shall be credited to mem- than deduct from each member's pay, be- ber contributions as of September 30 of ginning with the date of employment, two each year at a rate equal to the change in (2) percent of the member's basic compen- the consumer price index, published by sation. The monies so picked-up shall be the U.S. Bureau of Labor Statistics, over deposited in the fund on a monthly basis. the twelve-month period ending on the An account record shall be maintained previous June 30. The maximum rate for continuously for each member. Pick-up any year shall be seven (7) percent and contributions shall continue until death, the minimum rate shall be zero (0) per- disability ortermination of service, which- cent. ever shall occur first. Contributions shall (4) Guaranteed refund. All benefits payable remain in the fund unless withdrawn as under this plan are in lieu of a refund of provided in the plan. No member shall accumulated contributions. In any event, have the option to choose to receive the however, each member shall be guaran- contributed amounts directly instead of teed the payment of benefits on his behalf having them paid by the village directly to at least equal in total amount to his the plan. All such pick-up contributions accumulated contributions. by the village shall be deemed and be considered as part of the member's accu- (b) State contributions. Any monies received or mulated contributions and subject to all receivable by reason of the laws of the State of provisions of the plan pertaining to accu- Florida for the express purpose of funding and mulated contributions of members. The paying for the benefits of police officers or firefight- intent of this provision is to comply with ers shall be deposited in the fund within the time Section 414(h)(2) of the Internal Revenue prescribed by law. Such monies shall be for the Code. For paying Social Security taxes, sole and exclusive use of members or may be used and for such other purposes except as to pay extra benefits for members. Supp. No. 17 155 § 2-163 NORTH PALM BEACH CODE j (c) Employer contributions. So long as this shall have the same rights as each of the other plan. is in effect, the employer shall make contri- four (4) members appointed or elected as herein butions to the fund in an amount at least equal to provided. The trustees shall by majority vote elect the difference in each year as between the aggre- from its members a chairman and a secretary gate member and state contributions for the year The. secretary of the board shall keep a complete and the total cost for the year as shown by the minute book of the actions, proceedings, or hear- most recent actuarial valuation report. for the ings of the board. The trustees shall not receive system. The total cost for any year shall be any compensation as such, but may receive ex- defined as the total of normal cost plus the penses and per diem as provided by law. additional. amount sufficient to amortize. the un- (b) Forfeiture of membership on board for ab- funded. actuarial. liability in accordance with ap- senteeism. In the event a member of the board plicable laws of the State of Florida. The employer's shall fail to attend. three (3) consecutive regular contribution shall be deposited on at least a meetings of the board, such member shall be quarterly basis. deemed to forfeit membership on the board and (d) Forfeitures. Any forfeitures arising shall be shall, at the conclusion of the third such meeting, applied to reduce future contributions to the plan. no longer be a member of the board. Such indi- No forfeited amount shall be applied to change vidual shall not thereafter be eligible for reap- benefit amounts for members. pointment or election to the board for a period of (Ord. No. 9-82, § 5, 6-10-82; Ord. No. 23-86, § 1, two (2) years. Any absence maybe excused by the 12-11-86; Ord. No. 1-92, § 5, 2-13-92; Ord. No. board upon a showing that there existed justifi- 30-95, § 4, 10-12-95; Ord. No. 29-96, § 1, 7-25-96) able reasons for the absence. (c) Report and records. The secretary of the Sec. 2-164. Board of trustees-Generally. board shall keep, or cause to be kept in convenient j (a) Composition. The board of trustees shall form, such data as shall be necessary for an I\ consist of five (5) members: four (4) of whom shall actuarial valuation of the assets and liabilities of be elected by a majority of the members of the the system. The fiscal year for the keeping of plan. Two (2} of the elected members shall be records and rendering reports shall be from Octo- certified firefighters of the village, and two (2) ber 1 through September 30. shall be certified police officers of the village. The (d) Board meetings. The board shall meet at fifth member of the board shall be a legal resident least quarterly each year. At any meeting of the of the village and shall be appointed by the village board, three (3) trustees shall constitute. aquo- council. Each of the elected board members shall rum. Any and all acts and decisions shall be by at be appointed for a period of two (2) years,. unless. least three (3) members of the board; however, no he sooner leaves the employment of the village or trustee shall take part in any action in connection forfeits membership on the board, whereupon a with his or her own participation in the plan,. and successor shall be elected by a majority of the no unfair discrimination shall be shown to any members of the plan. Each of the elected board individual participating in the plan. members may succeed himself in office. The res- (e) Pawer to bring and defend lawsuits. The ident member shall be a trustee for a term of two board shall be a legal entity with, in addition to (2) years unless he forfeits membership on the other powers and responsibilities contained herein, board and he may succeed himself in office. The the power to bring and defend lawsuits of every resident member shall be appointed by the village kind, nature and description. The board shall be council for a term commencing October 1, 1998, independent of the village to the extent required and expiringApri130, 1999. The resident member to accomplish the intent, requirements, and re- f shall be appointed by the village council for a two sponsibilities provided for in this article and ap- (2) year term commencing May 1, 1999, and on plicable law. the first day of May of each second year thereaf- (Ord. No. 9-82, § 6, 6-10-82; Ord. No. 14-87, § 1, ter. The resident member shall hold office at the 9-10-87; Ord. No. 1-92, § 6, 2-13-92; Ord. No. pleasure of the village council. The fifth member 22-98, § 1, 9-24-98) I Supp. No. 17 156 I ;I ADMINISTRATION § 2-166 Sec. 2-165. Reserved. investments in equities at cost Editor's note-Section 7 of Ord. No. 1-92, adopted Feb. exceed fifty (50) percent of the 13, 1992, repealed former § 2-165, relative to additional rules pension fund's assets. and regulations, which derived from Ord. No. 9-82, § 7, (2) To issue drafts upon the pension fund adopted June lo, 1982, pursuant to this article and rules and regulations prescribed by the board. All Sec. 2-1F6. Same®Power and authority. such drafts shall be consecutively num- bered, be signed by the chairman and The board shall be the administrator of the secretary or their designee, and state upon system and, as such, it shall be solely responsible their faces the purpose for which the for administering the pension fund. The board drafts are drawn. The village finance di- shall have the power and authority: rector or other depository of the village shall retain such drafts when paid, as (1) To invest and reinvest the assets of the permanent vouchers for disbursements pension fund in: made, and no money shall be otherwise a. Time or savings accounts of a na- drawn from the pension fund. tional bank, a state bank insured by (3) To finally decide all claims to relief under the Federal Deposit Insurance Cor- this article and under the board's rules poration, or a savings, building and and regulations. loan association insured by the Fed- eral Deposit Insurance Corporation. (4) To convert into cash any securities of the pension fund. b. Obligations of the United States or . obligations .guaranteed as to princi- (5) To keep a complete record of all receipts pal and interest by the Government and disbursements and of the board's acts of the United States. and proceedings. c. Bonds, stocks, or any other evi- (6) Zb recommend an increase or decrease in dences of indebtedness issued orguar- the benefits payable hereunder, through anteed by a corporation organized the adaption of an amendment to this under the laws of the United States, article, but provided such action is based any state or organized territory of on an actuarial review by an enrolled the United States, or the District of actuary who is a member of the Society of Actuaries. Columbia, provided: 1. The corporation is listed on any (7) To retain, at least once every three (3) one (1) or more of the recog- Years, an independent consultant profes- nized national stock exchanges sionally qualified to evaluate the perfor- and holds a rating in one of the mance of professional money managers. three (3) highest classifications The independent consultant shall make recommendations to the board regarding by a major rating service; and the selection of money managers for the 2. The board shall not invest more next investment term. These recommen- than five (5) percent of its as- dations shall be considered by the board sets in the common stock or at its next regularly scheduled meeting. capital stock of any one (1) is- The date, time, place and subject of this suing company, nor shall the meeting shall be advertised in a newspa- aggregate investment in any one per of general circulation in the munici- (1)issuing company exceed five pality at least ten (10) days prior to the (5) percent of the outstanding date of the hearing. capital stock of that company, (Ord. No. 9-82, § 8, 6-10-82; Ord. No. 12-85, 1, nor shall the aggregate of its 2, 7-11-85; Ord. No. 1-92, § 8, 2-13-92) Supp. No. 17 156.1 § 2-167 NORTH PALM BEAGI3 CODE Sec. 2-167. Tax on insurers. who would in the future be entitled to receive (a) There is hereby levied and imposed an benefits under one (1) of the options provided. for excise tax. upon every insurance company, corpo- m this plan who are designated by any of said ration or other insurer insuring loss against fire, members. In the event of repeal, or if contribu- tornado. or windstorm or engaged in the business tions to the plan are discontinued, there shall be of casualty insurance. Such excise tax shall. be in full vesting one hundred (100) percent- ofbenefits an amount equal to the rate specified in Chapter accrued to date of repeal and the assets of the 175, Florida Statutes, multiplied by the gross plan shall be allocated in an equitable manner to receipts of premiums from holders of insurance provide benefits. on a proportionate basis to the policies of fire and windstorm insurance, and the persons so entitled to benefits in accordance with rate specified in Chapter T85, Florida Statutes, the provisions hereof. multiplied by the gross receipts of premiums- from (c) The following. shall be the order of priority holders of insurance policies of casualty insur- for purposes of allocating the assets of the plan ante. All such policies shall be upon property within the corporate limits of the village. Such excise tax shall be in addition to any and all excise taxes or license now levied or required by the village. (b) The proceeds of monies received under this ~ excise tax shall be received annually from the. State of Florida by the village .and. shall be depos- ited to the pension fund no more than five (5) days after receipt. (Ord. No. 1-92, 9,.10, 2-13-92) Editor's note-Section 9 of Ord. No. 1-92, adopted Feb. 13, 1992, repealed former § 2-167, .and- § 10 of the ordinance enacted a new § 2-167 in lieu thereof. The: repealed provisions pertained to oaths of office, meetings and quorums of the: board, and derived from Ord. No. 9-82, § 9; adopted- June 10; 1982. Sec. 2-168. Repeal or termination. of plan. (a) This plan and subsequent amendments per- taining. to said plan, may be modified, terminated, or amended, in whole or in part by the employer; provided that if this plan shall toe amended or repealed in its application to any person benefit- ing hereunder, the amount of benefits which at the time of any such alteration, amendment, or repeal shall have accrued to the member or ben- eficiary shall not be affected thereby,. except to the extent that the assets of the fund may be deter- mined to be inadequate. (b) If this plan shall be repealed, or if contri- butions to the plan are discontinued, the board shall continue to administer the plan in actor- dance with the provisions of this. plan, for the sole benefit of the then members, beneficiaries then receiving retirement allowances, and any persons Supp. No. 17 156.2 I ANIMALS AND FOWL § 4-29 license for each dog or cat from the county animal dogs and cats being exhibited at pet shows or .dog control. training schools during the time said shows and (b) Failure to have a dog or cat properly li- training schools are being conducted, all of which must be within the confines of premises and areas tensed shall result in an automatic fine of at least set out in paragraphs (a) through (c), above. ten dollars ($10.00) for each separate offense. (Code 1970, § 4-13; Ord. No. 206-70, § 7; Ord. No. (Code 1970, 4-11, 4-12; Ord. No. 206-70, § 9; Ord. No. 13-80, § 1, 6-12-80; Ord. No. 25-98, § 1, 210-70, § 1; Ord. No. 10-76, § 1, 6-10-76) 10-8-98) Sec. 4-25. Collar and tag-Required. Sec. 4-28. Running at large. Every owner shall provide each dog and cat more than four (4) months of age kept, harbored (a) Dogs on streets and sidewalks. No person or otherwise maintained by him in the village owning or having possession, charge, custody or with a sturdy collar to which the license tag control of any dog shall cause, permit or allow the referred to in section 4-24 of this Code shall be dog to stray, run, be, go or in any other manner to securely fastened and it shall be the owner's duty be at large in or upon any public street or side- to make certain that the collar and tag are worn walk unless accompanied by an .attendant who at all times by the dog or cat when off the owner's shall have such dog firmly held by collar and leash, which leash is not to exceed eight (8) feet in premises. length. (Code 1970, § 4-19; Ord. No. 10-76, § 2, 6-10-76) (b) Dogs on property of others. No person own- Sec. 4-26. Same-IJnautlaorized .removal. ing or having possession, charge, custody or con- No person, other than the owner or keeper, trot of any dog shall cause, permit or allow the dog shall remove or cause to be removed the collar or to stray, run, be, go or in any other manner to be tag required by section 4-25 of this Code from any at large in or upon private property of others dog or cat within the village. within the village without the express or implied (Code 1970, § 4-20; Ord. No. 206-70, § 8) consent of the owner of such private property. (c) Cats. No person owning, harboring or hav- Sec. 4-27. Prohibited in certain areas; egcep- ing in his possession any cat shall knowingly Lions. permit or allow .such cat to run at large within the (a) The owner of any dog or cat shall not village, or knowingly allow such cat to be upon permit or allow such dog or cat to be or enter upon any street, boulevard, road or alley of the village any church premises, public hall or building, or in any yard or enclosure other than the yard or school premises, restaurant, store, market or any enclosure occupied or owned by such cat owner place where food or drink is commercially dis- between the hours of 11:00 p.m. and 7:00 a.m. pensed or sold. (Code 1970, § 4-21; Ord. No. 206-70, § 12; Ord. No. 3-75, § 1; Ord. No. 10-76, § 3, 6-10-76) (b) No person, being the owner of any dog or cat, shall permit the same to be in any public park Sec. 4-29. ilicious, biting and attacking dogs. of the village. (a) It shall be the duty of the owner of any dog (c) Any dog or cat found running at large in to prevent such dog from biting or attacking any any public park of the village shall be impounded person in the village, and if a person is bitten by by the police department in the manner provided a dog he shall report the incident to the depart- for in section 4-30. went of public safety immediately. (d) The provisions of paragraphs (a) through (b) Whenever any dog shall have bitten any (c) shall not apply to guide and service dogs person, the director of public safety may order pursuant to F.S. section 413.08, nor shall the such dog quarantined in the county animal rescue provisions of paragraphs (a) through (c) apply to league shelter or county animal control center or Supp. No. 17 267 § 4-29 NORTH PALM BEACH CODE in a veterinarian's kennel, or on the owner's ($10.00) plus a boarding fee of three dollars ($3.00) premises, for period extending not longer than for each day the dog or cat is impounded following fourteen (14) days from the date of biting. the first day ofimpoundment. (c) All expense incurred while the dog is in (d) Disposition upon owner's failure to redeem. quarantine shall be borne by the owner, keeper or If the- owner of the dog or cat shall not make harborer of the dog. application for its release within forty-eight (48) hours, or shall not pay the charges and fines (d) Any dog which may unprovokedly bite or above referred to, then the director of public attack any person in the village is hereby de- safety will release such dog or cat to the county Glared to be a public nuisance and such dog may animal rescue league. be apprehended and impounded at any time by (Code 1970, § 4-34; Ord. No. 206-70, § 13; Ord.. No. any police officer, or other person charged with 8-73, § 1; Ord. No. 13-80, § 2, 6-12-80) the enforcement of this chapter. If such dog is Sec. 4-31. Persons walking dogs responsible impounded, the owner shall have no right to for removal of waste. redeem the dog if it has unprovokedly attacked or bitten any person or persons in the village on two It shall be unlawful for any person, while (2) or moreseparate occasions within any twenty- walking a dog,. to permit such dog to defecate four-month period unless he shall remove such upon private property not owned by such person dog from the village, immediately upon redemp- or not owned by the owner of the dog, or upon tion and shall not thereafter keep, harbor or public. property, including, but not limited to, otherwise maintain such dog in the village at any public sidewalks and swale areas, without remov- time. Adog bite or attack shall be considered ing the fecal matter immediately after such defe- unprovoked if the dog which bites or attacks is cation has ended. unleashed or not confined on the owner's preen- (Ord. No. 8-79, § 1, 5-10-79) ises at the time. Sec. 4-32. Persons walking dogs to carry (Code 1970, § 4-26; Ord. No. 206-70, § 5; Ord. No. waste-removal implements. 10-76, § 4, 6-10-76) Any person who walks a dog off the premises Sec. 4-30. Impoundment. where the owner of the dog resides or off the premises where the person who is walking the ~ (a) Required. Whenever a dog or cat is within dog resides shall carry with him, at all times the corporate limits of the village in violation of when so walking a dog, appropriate implements the provisions of this chapter, it shall be the duty to remove any fecal matter deposited by the dog of any police officer of the village, when such fact on public property or upon private property not shall be called to his attention, to take charge of owned by the owner of the dog nor owned by the such dog. or cat and impound it. person walking. the dog,. together with adequate containers to carry the. fecal. matter back to the (b) Notice. Any police officer or other employee private property of the owner of the dog or back to of the village who impounds or otherwise acquires the private property of the person walking the possession of a dog or cat who has a license tag dog. affixed to such animal, shall make every effort to (Ord. No. 8-79, § 2, 5-10-79) notify the owner as soon as is reasonably possible. Sees. 4-33-4-41. Reserved. (c) Redemption by owner. Within forty-eight (48) hours thereafter, the owner of such dog or cat ARTICLE III. RABIES CONTROL may apply for its release and such release shall be granted providing the owner shall have paid Sec. 4-42. Rabid animals-Declared nui- whatever fines, if any, may have been imposed for lance. the violation of this chapter and providing the Any dog, cat. or other animal suffering from owner shall. also pay a pickup fee of ten. dollars rabies is hereby declared to be a public. nuisance Supp. No. 17 268 ANIMALS AND FOWL § 4-46 and any such animal may be slain by any police shall be the duty of the person slaying such dog, officer, or other person charged with the enforce- cat or other animal, and the owner of such dog, ment of this chapter, if the same cannot be safely cat or other animal to notify the police depart- apprehended and impounded. went and to immediately deliver such dog, cat or (Code 1970, § 4-30) other animal intact to such department, or cause the same to be done. Sec. 4-43. Same-Confinement. (Code 1970, § 4-28) It shall be the duty of any person keeping, harboring or otherwise maintaining any dog, cat or other animal suffering from rabies to place it immediately in a veterinary hospital or, upon demand, to surrender such dog, cat or other animal to any police officer, or other person charged with the enforcement of this chapter. (Code 1970, § 4-31) Sec. 4-44. Same-Duty to report; impound- ing. (a) It shall be the duty of every person who discovers that any dog, cat or other animal has been bitten by a dog, cat or other animal suffering with rabies to report such fact immediately to the director of public safety. Such report shall give the name, if known, the place of residence of the person keeping, harboring or otherwise maintain- ing any such dog, cat or other animal, the place where the same can be found, and the license numbers of any such dog or cat, if known. (b) Any such dog, cat or other animal shall be immediately confined in a veterinary hospital or taken up and impounded and securely kept until it can be determined whether any such dog, cat or other animal is suffering with rabies. (Code 1970, § 4-32} Sec. 4-45. Muzzles; when required. Whenever the mayor, by proclamation, shall declare that danger from rabies is great, it shall be unlawful to permit or allow any dog or cat upon the public street, alley or sidewalk or other place unless such dog or cat is securely muzzled. (Code 1970, § 4-33) Sec. 4-46. Deporting death or destruction. In all cases where any dog, cat or other animal which has bitten a person is slain or dies within fourteen (14) days from the time of the bite, it [The next page is 319) Supp. No. 17 269 i BOATS, DOCKS AND WATERWAYS § 5-6 ARTICLE I. IN GENERAL In addition to the five-mile-per-hour speed limit, no person shall operate a boat or any other vessel, Sec. 5-l. Definitions. including water sport apparatus, or other physi- cal object capable of transporting human beings As used in this chapter, unless the context or cargo on water, which shall cause a wake in indicates otherwise, the following terms shall any of the waterways within the corporate limits have the indicated meanings: of the village, with the exception of the waters of Lake Worth and the Intracoastal Waterway, ex- Anchor shall mean any appliance used to se- cept in cases of fire or extreme emergency. A cure a vessel other than to a pier which is carried "wake" is defined as causing "white water to be aboard such vessel as regular equipment when seen breaking off the bow" of the boat or vessel. under way. (Code 1970, § 11-43; Ord. No. 212-70, § 6; Ord. No. Boat means any watercraft, including sea- 5-87, § 1, 2-26-87) planes when not airborne, in or upon or docked, moored or upon boat lifts at any place in any Sec. 5-3. Swimming in restricted waters. waterway within the boundaries of the village. No person shall engage in swimming in any Mooring shall mean any appliance used to waters lying within one thousand (1,000) feet of secure a vessel other than to a pier. the intersection of the Earman River and the North Palm Beach Waterway. Prohibited area shall mean all water bottom (Code 1970, § 11-44) lands within the village not authorized by the Code of Ordinances for the anchorage or mooring Sec. 5-4. Exhibition boats ezempted from of vessels. certain restrictions. Vessel is synonymous with boat as referenced The provisions of this chapter shall not be in section 1(b), Article VII of the State Constitu- construed to prohibit the running of racing or tion and includes every description of watercraft, exhibition boats, muffled or unmuffled, during a barge and air boat, other than a seaplane on the publicly announced and supervised and ade- water, used or capable of being used as a means of quately patrolled regatta or speed trial or exhibi- transportation on water. Lion. Waterway means any waters, waterway, lake, (Code 1970, § 11-48; Ord. No. 212-70, § 7) river, tributary, canal, lagoon or connecting wa- ters within the boundaries of the village. Sec. 5-5. Water skiing. (Code 1970, § 11-1; Ord. No. 212-70, § 2; Ord. No. No person shall water ski in any of the water- 12-98, § 1, 4-23-98; Ord. No. 11-99, § 1, 2-11-99) Cross reference-Rules of construction and definitions ways located within the corporate. limits of the generally, § 1-2. village, nor shall .any person operate any boat for towing a person on water skis in any of the Sec. 5-2. Speed limit; wakes. waterways located within the corporate limits of the village; provided, however, that, nothing in No person shall operate a boat or any other this section shall be construed to prohibit water vessel, including water sport apparatus or other skiing in the waters of Lake Worth or the physical object capable of transporting human Intracoastal Waterway. beings or cargo on water, at a speed in excess of (Code 1970, § 11-50; Ord. No. 212-70, § 10) five (5) miles per hour, in any of the waterways within the corporate limits of the village, with the Sec. 5-6. Disturbing other boats. exception of the waters of Lake Worth and the Intracoastal Waterway, except in cases of fire or No person shall operate a boat in such a extreme emergency. manner as to unjustifiably or unnecessarily an- Supp. No. 17 321 § 5-6 NORTH. PALM BEACH CODE noy or frighten. or endanger the occupants of any adjacent to such watercraft in a neat and orderly other boat, or throw up a dangerous- wake when manner and free from trash, rubbish, repair parts, approaching another boat. machinery, equipment and debris of all kinds. (Code 1970, § 11-51; Ord. No. 212-70, § 11) (Code 1970, § 11-58; Ord. No. 212-70, § 18) Sec. 5-7. Use of searchlights. Sec.. 5-12. Refuse disposal. No person operating a boat shall use search- No person in charge of or occupying a boat shall lights- indiscriminately or in such manner as to dump or throw or permit to be dumped or thrown annoy or disturb other persons or boats. garbage,. paper, bottles, cans, refuse or debris into (Code 1970, § 11-52; Ord. No. 212-70, § 12} waterways. Persons in charge. of boats moored or docked in the waterways shall provide garbage cans of sufficient size to hold garbage and refuse. Sec. 5-8. Abandoned boats. (Code 1970, § 11-59; Ord. No. 212-70, § 19) Every boat. in a waterway which is abandoned Sec. 5-13. Pollution of waterways. or unseaworthy,. or sinks, grounds or becomes otherwise disabled, is hereby declared. to be a No person in charge of any houseboat or-other nuisance and the. person in charge thereof shall boat or vessel in motion, anchored or tied up at abate such nuisance within ten (10) days after any marina or any. other waterways within the notice from the director of public. safety. village limits shall permit any excreta or refuse (Code 1970,• § 11-53; Ord. No. 212-70, § 13) from any toilet or privy on such boat, to be thrown. from, to be ejected from, or to be allowed to escape Sec. 5-3. Mooring at private or public docks from such boat into the waters in which such boat without permission. is in motion, tied up or anchored. (Code 1970, § 24-56) No person shall moor a boat at a private or public seawall or dock or beach if upon private or Sec. 5-14. Hours for running engines. in res- public. property within the village without the idential districts. permission of the owner or public entity thereof. (Code 1970, § 11-56; Ord. No. 212-70, § 16; Ord. No person shall run or operate any boat engine No. 11-99, § 2, 2-11-99) for the purpose of charging batteries, running auxiliary equipment or testing between the hours Sec. 5-10. Observance of village health and of 10:00 p.m. and 8:00 a.m. in any residential conduct rules. district. (Code 1970, § 11-60; Ord. No. 212-70, § 20) No person in charge of or occupying boats docked at or moored to land, docks, piers or Sec. 5.15. Living aboard boats restricted. wharves abutting waterways shall fail to observe Living aboard boats in commercial wet storage all the health and sanitary regulations of the marinas is permitted; provided, further, that, the village, and all ordinances of the village relating following regulations apply to commercial wet to the conduct of persons and prohibiting acts storage marinas where persons live aboard boats: contrary to public health, morals, safety or public peace. (1} Not more than ten (10) percent of the dock (Code 1970, § 11-57; Ord. No. 212-70, § 17) spaces at a commercial wet storage ma- Cross reference-Health and sanitation, Ch. 14. rind may be occupied by boats where persons live aboard for more than eight Sec. 5-11. Cleanliness of docks. (8} months out of any twelve-month pe- riod. These dock spaces are for the pur- Persons in charge of or occupying boats shall at pose of providing security against vandal- all times keep the docks, seawalls and premises ism and theft at marinas. All live-aboard Sapp. No. 17 322 1 I BOATS, DOCKS AND WATERWAYS § 5-83 Sec. 5-82. Generally. went shall conform to AWPB MPl, MP2 or MP4. Pile cutoff shall be (a) Docks, piers and other approved structures treated in accordance with AWPA shall be owned and constructed only by upland M4. landowner. d. All piling are to be set a maximum of (b) Boat davits and other boat-lifting devices ten (10) feet on center for timber shall require a building permit. deck construction. (c) Docks, piers and other waterside structures (2) Stringers and bracing. Stringers and brac- shall require a building permit. ing, if lumber, shall be a minimum two- (Code 1970, § 11-33; Ord. No. 3-71, § 2) inch by eight-inch. (3) Decking. Decking, if lumber, shall be a Sec. 5-83. Minimum design requireffients. minimum two-inch by six-inch. (a) Coverings. Any sun, wind or weather cov- (4) Fasteners. Bring to be constructed over a dock or pier shall a. All bolts, nuts, washers and nails require a permit and shall be classified as a shall be hot dipped galvanized or canopy and shall meet the building code as such. zinc plated or equal. (b) Decking elevation. The main deck of a dock b. Stringers and braces shall be fas- or pier shall be placed at a minimum of three and tened with minimum one-half inch five-tenths (3.5) feet above mean sea level. The bolts. steps from the ground or bulkhead cap shall not exceed seven (7) inches for each step. (5) Dock lumber. All dock lumber shall be pressure treated or equal. (c) Wave break. The bottom wave breaking stringer shall not extend below mean low water. (6) Concrete strength. All concrete shall be a minimum strength of thirty-five hundred (d) Floating docks. Free-standing piling for (3,500) psi in twenty-eight (28) days. floating docks shall be a minimum schedule 40, (7) Blocks. If dock is to be supported by a six-inch diameter, pea rock concrete filled steel bulkhead, four-inch by four-inch blocks or pipe or six-inch plastic pipe filled with pea rock equal shall be bolted to bulkhead wall; concrete and two (2) equally spaced. number four stringer shall be bolted to four-inch by reinforcing bars, suitably tied. Attaching rings four-inch blocks. .shall be steel or chain. Smaller piling may be allowed when properly structurally designed. (f) Structural equivalents permitted. Docks and (e) Construction material. Construction mate- Piers of other design and material maybe permit- rial for piers and docks shall meet the following ted when structurally equivalent to the above. requirements: (g) Commercial docks and piers. All commer- (1) Piling. cial docks and piers are to be designed by a a. Minimum bottom penetration is to Florida registered professional engineer. be six (6) feet. (h) Fixed, reinforced concrete construction re- b. Concrete piling is to be minimum quired in certain cases. All docks and piers to be eight-inch by eight-inch or eight- constructed in Lake Worth and the Atlantic Ocean inch diameter reinforced with four shall be of reinforced concrete construction and be (4) number five (5) rods with number fixed docks and piers. two (2) hoops eight (8) inches on center. (i) Dolphins and tie poles. c. Wood piling is to be minimum ten- (1) Bottom penetration is to be a minimum of inch butt diameter and the treat- six (6) feet. Supp. No. 17 329 § 5-83 NORTH PALM BEACH CODE (2) Materials and construction are to be the water, docks shall not be placed within t same as dock and pier pilings. five (5) feet of the side property line ex- tended. (j) Commercial marinas. All fixed. docks and (3) In regard to construction waterside of any piers to be constructed in commercial marinas shall be concrete or equal. lot having. greater than. fifty-foot frontage on the water, docks shall not be placed (k) Batter piles. within ten (10) feet of the side property line extended. (1) Batter piles are to be designed by a Flor- ida registered professional. engineer. (4) Dead end lagoon. In regard to construe- tion waterside of any platted lot at the (2) Batter piles are to be constructed of pre- dead end of a lagoon, a dock or a pier may stressed concrete. be placed. zero (0) feet from the side prop- (3) A building permit shall be required prior erty line extended when all the following to construction for all batter piles. requirements are complied with: (4) Batter piles shall be installed only under a. The lot/lots shall be in a R-1 Single the following conditions: Family Dwelling District. a. Obstructions prevent use of Stan- b. Building. permits shall be obtained dard tiebacks and anchors to rein- as required by section 5-82 of this force bulkheads.. chapter. b. Existing bulkhead has failed or is in c. At least one (1) lot shall have less. danger of failing. than seventy-five (75) feet frontage c. Not to be used in the construction of on the water. new bulkheads. d. A dock or pier, but not both, shall be constructed at the same time on both (5) Base of batter pile shall extend amaxi- sides of the common property line in mum of five (5) feet from the waterside question. The dock or pier on a lot face- of the bulkhead. shall be structurally independent of (Code 1970, § 11-34; Ord. No. 4-74, § 1; Ord. No. the dock or pier on the adjacent lot. 35-90, 2-6, 9-27-90) (5) Docks shall extend a maximum of five (5) feet out from the face of the bulkhead aec. 5-84. Regulations governing construe- `,~,~1 tion in waters other than Lake Worth and Atlantic Ocean.. (6) Piers not exceeding six (6) feet in width may extend waterside a maximum of fif- All docks or other approved structures to be teen (15) feet in lagoons, twenty (20) feet constructed waterside of bulkheads or land in the in the North Palm Beach Waterway and lagoons, waterways or other bodies of water in the Prosperity Harbor, twenty-five (25) feet in village, other than the waters of Lake Worth and West Lake and North Lake and not more the Atlantic Ocean, shall be constructed in actor- than twenty-five (25) percent of the wa- dance with the following requirements and regu- terway width of the Earman River; pro- lations: vided however,. that, a pier may extend (1) Prior to a permit being issued by the waterside a maximum of fifty-five (55) village, a permit shall be obtained -from feet when connected with a commercial such other authority that has a vested marina operation in a commercial' zoned interest in the waterway. piece of property so long as said construc- tion leaves a minimum clear water dis- ~ (2) In regard to construction waterside of any tance of forty (40) feet between the pier lot having fifty-foot or less- frontage on the and any opposite bulkhead or water strut- ` j. Supp. No. 17 330 i I BOATS, DOCKS AND WATERWAYS § 5-85 ture which may be constructed in accor- land of the village in Lake Worth, or the mean dance with this chapter. Piers located in low-water mark of the Atlantic Ocean, shall meet the Farman River may be constructed the following regulations and requirements: with "L" or "T" heads provided the maxi- mum allowable length waterside is re- (1) The design of any pier to be constructed duced by twelve (12) feet. No pier shall be under the provisions of this division shall located closer to the side property line be performed by an engineer registered in extended than its extension waterside. the state, and detailed construction draw- (l) In lagoons, dolphin poles, wave breaks, ings shall be submitted bearing the certi- mooring posts, mooring buoys or floating fication and seal of such engineer. anchors shall be placed a maximum of (2) Prior to a permit being issued by the twenty (20) feet from the face of the bulk- village, a permit shall be obtained from head or the shore. Wave breaks shall be such other authority that has a vested allowed only at lagoon entrances opening interest in the waterways. Nothing con- into Lake Worth. tained in this division shall be construed (8) In the North Palm Beach Waterway and to affect the rights or obligations con- - Prosperity Harbor, dolphin poles, mooring nected with spoil areas located in Lake posts, mooring buoys or floating anchors Worth within .one hundred (100) feet shall be placed a maximum of thirty (30) lakeward of the bulkhead line referred to feet from the face of the bulkhead or the above and the granting of a permit by the shore. village does not release the applicant from (9) In the Farman River, dolphin poles, wave personally determining what, if any, ef- breaks, mooring posts, mooring buoys or fect such spoil areas may have upon any floating anchors shall be placed not more construction done in accordance with this than twenty-five (25) percent of the wa- division. terway width from the bulkhead or the (3) No pier shall extend beyond a line fifty shore. Wave breaks shall be allowed only (50) feet waterside from and parallel to at the entrance to Lake Worth. the bulkhead line of the village. (10) In West Lake and North Lake, dolphin (4) The centerline of all piers shall be on a poles, mooring posts, mooring buoys or uniform alignment. floating anchors shall be placed a maxi- mum of fifty (50) .feet from the face of the (5) .Piers may be constructed with "L" heads bulkhead or the shore. or "T" heads of fifty (50) feet. A finger pier (11) Dolphin or mooring post location shall be shall not exceed twenty-two (22) feet in inside the side property line extended and length and shall be a maximum of six (6) shall be determined by the building de- feet and a minimum of three (3) feet in partment. width. (12) In no instance shall any structure extend (6) No point on any pier shall be closer than more than twenty-five (25) percent of the twenty (20) feet to either side property width of the water. line projected along a line parallel to the (Code 1970, § 11-35; Ord. No. 3-71, § 2; Ord. No. pier center line or closer than forty (40) 6-73, § 1; Ord. No. 36-95, 1, 2, 12-14-95; Ord. feet to any part of another pier. No. 28-98, 1-3, 12-10-98) (7) All piers and docks shall be constructed Sec. 5-85. Regulations governing construe- with all major components including pil- tion in Lake Worth and Atlantic ing, beams, decks, etc., constructed of Ocean. reinforced concrete. Piers shall have a All piers, docks or other approved structures to maximum width of ten (10) feet, and a be constructed waterside of the bulkhead line or minimum width of six (6) feet. Supp. No. 17 331 § 5-85 NORTH PALM BEACH CODE (8) Dolphins or mooring posts may be in- the land, structure, or building in- stalled adjacent to piers; with location to volved and which are not applicable be determined by the building depart- to other lands, structures, or build- ment. ings in the. same zoning district; (9) In regard to construction waterside of any "2. Than the special conditions and cir- lot having. fifty (50) feet or less frontage on cumstances do not result from the the water, docks shall not be placed within actions of the applicant; five (5) feet of the side property line ex- "3. That granting the variance requested tended. will not confer on the applicant any (10) In regard to constructionwaterside of any special privilege that is denied by lot having greater than fifty (50) feet this ordinance to other lands, build- frontage on the water, docks shall not be ings, or structures in the same zon- placed within ten (10) feet of the side ing district; property line extended. "4. That literal interpretation of the pro- (11) Freestanding wave breaks shall not be visions of the ordinance would de- permitted. prive the applicant of the rights com- (12) Mooring buoys and floating anchors shall monly enjoyed by other properties in be placed a maximum of seventy (70) feet the same zoning district under the from the face of the bulkhead or the. shore. terms of the ordinance and would (Code 1970, § 11-36; Ord. No. 3-71, § 2; Ord. No. work unnecessary and undue hard- 35-90, 7, 8, 9-27-90; Ord. No, 13-98, § 2, .ship on the applicant; 5-14-98; Ord. No. 11-99, § 3, 2-11-99) "5. That the variance granted is the j ~I Sec. 5-86. Variances. minimum variance that will make possible the reasonable use of the The board of adjustment created. and described land, building or structures; in section 21-21 of this Code shall have the power to authorize upon appeal such variance from the "6.. That the grant of the variance will terms of section 5-85(3) as will not be contrary to be in harmony with the general in- the public interest when, owing to special condi- tent and purpose of the ordinance tions, a literal enforcement of the provisions of and that such variance will not be those sections of the village Code as they pertain injurious to the area involved or oth- to properties located on Lake Worth will result in erwise detrimental to-the public wel- unnecessary and undue hardship. In order to fare. authorize any variance from the terms of those "(b) In granting any variance,. the board. of sections of the village Code, the board of adjust- adjustment may prescribe appropriate con- ment must find the factors set forth in F.S. section ditions and safeguards inconformity with 163.225(3)(x), (b), (c): this part and any ordinance enacted un- "(3) (a) To authorize upon appeal such vari- der its authority. Violation of such condi- ance from the terms of the ordinance as tions and safeguards, when made a part will not be contrary to the public. interest of the terms under which the variance is when, owing to special conditions, alit- granted, shall be deemed a violation of eral enforcement of the provisions of the the ordinance. ordinance would result in unnecessary "(c) The board of adjustment may prescribe a and undue hardship. In order to authorize reasonable time limit within which the any variance from the terms of the ordi- action for which the variance. is required nance, the board of adjustment must find: shall be begun or completed or both." "1. That special conditions and circum- (Ord. No. 1-82, § 1, 1-28-82; Ord. No. 28-98, § 4, stances exist which are. peculiar to 12-10-98) Supp. No. 17 332 i i BOATS, DOCKS AND WATERWAYS § 5-101 Secs. 5-87-5-92. Reserved. Sion of the village council. Erosion control struc- tures may be constructed by upland landowners DIVISION 5. EROSION CONTROL under the supervision of the building official of STRUCTURES* the village. All erosion control structures shall meet the minimum design requirements set forth Sec. 5-93. Definition. in this chapter, including permits, fees, surety bonds, minimum design requirements and other As used in this division, "erosion control strut- regulations. tures" shall mean seawalls and/or groins designed (Code 1970, § 11-40; Ord. No. 4-74, § 2) to control and prevent erosion of existing land masses which lie outside established bulkhead Secs. 5-97-5-100. Reserved. lines or property lines in waterways, lakes, rivers, lagoons or other bodies of water in the village. (Code 1970, § 11-40; Ord. No. 4-74, § 2) ARTICLE IV. IVIAIi,INE SAI+ICTUARIESi' Cross reference-Rules of construction and definitions generally, § 1-2. Sec. 5-101. Designation of waters as marine sanctuaries. Sec. 5-94. When permitted. Erosion control structures shall be permitted (a) Definition. Marine sanctuary is defined as to be constructed in the village only where land those areas within the village where the tide ebbs masses exist waterwayd of any property line or and flows including, but not limited to, Lake bulkhead line in the village and within the rights- Worth, the Intracoastal Waterway and other wa- of-way of any waterway, lake, river, lagoon or ter areas throughout the village which under other body of water in the village other than the normal circumstances support vegetation typi- Atlantic Ocean. Erosion control structures shall tally adapted for life in the water and for the be permitted when the village engineer and vil- Preservation and growth of fish breeding, recre- lage council determine that such structure is ation and aesthetic areas. necessary to prevent a land mass as described (b) Areas designated. The village nominates all above from eroding into the adjacent body of water areas within its corporate limits, and, in water. particular, Lake Worth and the Intracoastal Wa- (Code 1970, § 11-40; Ord. No. 4-74, § 2) terway, to be designated as "a marine and wildlife sanctuary" as provided for under Title III of the Sec. 5-95. Construction. Marine Protection, Research and Sanctuaries Act Construction plans and location of erosion con- of 1972. The village clerk is hereby directed to trol structures shall be prepared by a Florida request the secretary of commerce to so designate registered engineer and be approved by the vil- those portions of North Palm Beach to be marine lage engineer. Prior to a permit being issued, sanctuaries. permits shall also be obtained from any other (c) Area to be regulated. The village hereby authority having a legal interest in the waterway, declares the waters of Lake Worth and the lake, river, lagoon or other body of water involved. Intracoastal Waterway within its municipal bound- (Code 1970, § 11-40; Ord. No. 4-74, § 2) cries to be a marine sanctuary in accordance with its findings that these waters support substantial Sec. 5-96. Control. fish breeding and are one of the last known fish Every erosion control structure shall be owned breeding areas in Lake Worth, and contain therein and maintained by the village and shall be al- i'Editor's note-Ordinance No. 18-79, § 1, adopted Sep- tered or removed under the authority and deCi- tember 13, 1979, amended the Code by adding § 7-25. How- ever, for purposes of classification, the new provisions have *Cross reference-Coastal construction code, § 6-151 et been redesignated as Ch. 5, Art. IV, § 5-101, at the editor's seq. discretion. Supp. No. 17 333 § 5-101 NORTH PALM BEACH CODE unique mangrove species, mud flats and other areas conducive to fish breeding and ecological conservation of marine life. Further, that such areas are necessary to be conserved for their ecological purposes, as well as for the substantial recreational purposes of fishing and boating which occur thereon, as well as for the aesthetic value of the substantial expanse of water, together with the marine life, mangroves and foliage. connected. therewith. Accordingly, the village council hereby undertakes. to regulate water areas, mangrove areas and other fish breeding and recreation areas within the village to the extent that such regulations do not conflict with either state or federal law, and no disturbance of existing areas within the village where the tide ebbs and flows may occur without the specific authorization, per- mit and license of the village, after due notice and hearing as to the ecological, conservation, recre- ation and aesthetic affect upon these areas shall be had. (d) Construction, of section. The terms of this section shall be in addition to any other terms set forth in this Code which are concerned with applications for dredge and fill permits, applica- ~ tions for building, setback applications, etc., and shall not be considered to be in lieu of any requirements contained in the village Code. (Ord. No. 18-79, § 1, 9-13-79) 1 Cross reference-Filling permits, 7-16-7-20. 1 [The next page is 381] Supp. No. 17 334 i BUILDINGS AND BUILDING REGULATIONS § 6-17 ARTICLE I. Il!T GENERAL ARTICLE II. 1VIIIVI1VIiTM CONSTRUCTION STANDARDS Sec. 6-1. Construction on public land pro- Sec. 6-16. Authority. hibited. This article is promulgated in accordance with F.S. chapter 166, and chapter 74-565, Laws of It shall be unlawful for any person to erect or Florida, as amended. maintain, or to permit the erection or mainte- (Ord. No. 4-90, § 1, 3-8-90) nance of any structure of any kind, including a Editor's note-The provisions of 6-16 and 6-17 were deleted as being superseded by the provisions of 1, 2 of Ord. wall upon, across, over or under any portion of No. 4-90, adopted Mar. 8,1990, included herein as new 6-16 any publicly dedicated utility or drainage ease- and 6-17. The deleted provisions pertained to the adoption of ment area in the village. the Standard Building Code, 1985 edition and the county (Code 1970, § 6-1) amendments, and derived from Code 1970, 6-11 and 6-12, and the following ordinances: Ord. No. Date Section Sec. 6-2. Accessibility to buildings by hand- 7-72 2 icapped persons; state lady adopted. 16-72 1 10-75 7-10-75 1, 2 9-78 5-25-78 1, 2 Pursuant to F.S. section 553.73(2), F.S. part V 3-80 2-14-80 1 25-80 10- 9-80 1, 2 of chapter 553, relating to accessibility to build- 17-82 9-23-82 1 ings by handicapped persons, is hereby adopted 12-83 8-25-83 1, 2 by reference. 16-86 11-13-86 1, 2 Sec. 6-17. Codes adopted. Sec. 6-3. Fire district. The 1997 edition of the Standard Building Code, including Appendix F, the 1997 edition of All property within the village shall be in- the Standard Gas Code, the 1997 edition of the cluded within the fire district. Standard Mechanical Code, and the 1994 edition (Code 1970, § 16-23; Ord. No. 12-72, § 1) of the Standard Plumbing Code, the amendments to each code as recommended by the Building Code Advisory Board of Palm Beach County as amended by the Village of North Palm Beach are hereby adopted and incorporated herein, as part Sec. S-4. Reserved. of the minimum construction standards for the Editor's note-Pursuant to advice of the city, and at the Village of North Palm Beach, Florida. Depart- editor's discretion, Ord. No. 2-83, adopted Feb. 10, 1983, ment of Public Services shall be substituted for codified as Ch. 12.5 of this Code, has been treated as super- Building Department in all the adopted Codes. seding former § 6-4 relative to duties of the building official (Ord. No. 4-90, § 2, 3-8-90; Ord. No. 14-92, § 2, concerning flood management building requirements. Such 9-10-92; Ord. No. 15-96, § 2, 4-25.96; Ord. No. section derived from Ord. No. 7-77, § 1, adopted Apri128, 1977 7_gg~ § 1, 1-28-99) and Ord. No. 19-78, § 1, adopted July 27, 1978. Editor's note-The various codes adopted above in § 6-17, and amendments thereto, are not set out at length in this Code but are on file and available for inspection in the offices of the city. Note-See the editor's note following § 6-16. Secs. 6-5-6-15. Reserved. Cross references-Electrical code adopted, § 11-11; fire prevention code adopted, § 12-16; housing code adopted, § 15-1. Supp. No. 17 383 § 6-18 NORTH PALInI BEACH. CODE Sec. 6-18. Reserved: Sec. 6-31. Definition. Editor's note-Former § s-18, relative to amendments The term "external architectural feature" is and addition to the Standard Building Code,. has been deleted defined to mean the architectural style and gen- pursuant to the adoption of Ord. No. 15-96, enacted April 25, 1996, which adopted the 1994 editions of the various codes as eral arrangement of such portion of a building or detailed in § 6-17. The provisions of former § 6-18 derived from structure as is designed to be open to view from a Ord. No. 20-93, § 1, adopted Sept. 9, 1993; and Ord. No. 21-93, public street,. place or way, or from adjoining § 1, adopted Sept. 9, 1993. premises. Sec. 6-19. Violations; penalty. (Code 1970, § 6-39; Ord. No. 4-71, § 1; Ord. No. Any person, firm or corporation who shall vio- 2-72, § 1) late a provision of this article, Or fall to Comply Cross reference-Rules of construction and definitions therewith, or with any of the requirements thereof, generally, § 1-2. shall be guilty of a. misdemeanor. Each such -Sec. 6-32. Intent and purposes. person shall be deemed guilty of a separate of- fense for each and every day or portion thereof This appearance code is adopted for the follow- during which any violation of any of the provi- ing purposes: sions of this article is committed or continued and, upon conviction of any such violation, such (1) To promote the public health, safety, mor- person shall be punished by a fine of not less than als, comfort and general welfare of tha fifty dollars ($50.00)- nor more than five hundred citizens of the village.. dollars ($500.00), or by imprisonment not exceed- (2) Zb enhance the values of property through- ing six (6) months, or by both such fine and out the village. imprisonment. (3) To protect and to stabilize the general / (Ord. No. 25-80, § 3, 10-9-80; Ord. No. 12-83, § 3, appearance of buildings, structures, land- 8-25-83) scaping and open areas, in the multiple Editor's note-Ordinance No. 25-80, § 3, adopted Oct. 9, 1980, was nonamendatory of the Code; hence, its inclusion as dwelling, Commercial and public zoning § 6-19 was at the editor's discretion, districts Of the village. Sec. 6-20. Reserved. (4) To insure adequate light, air and privacy for property in the multiple dwelling, com- Editor's note-Section 3 of Ord. No. 14-92, adopted Sept. mercial and public zoning districts of the 10, 1992, repealed former § 6-20, relative to amendments to the Standard Plumbing Code, which derived from Ord. No. Village. 20-91, § 1, adopted May 23, 1991. (5) To encourage and promote acceptability, Secs. 6-21-6-29. Reserved. .attractiveness, cohesiveness and compat- ibility of new buildings, developments, ARTICLE III. APPEARANCE CODE* remodeling and additions so as to main- DIVISION 1. GENERALLY tain and improve the established stan- dards of property values within the mul- Sec. 6-30. Short title. tiple-dwelling, commercial and public This article, including any regulation hereafter zoning districts of the village. adopted, shall hereafter be known, cited and (Code 1970, § 6-22) referred to as the "Appearance Code." (Code 1970, § 6-21) Sec. 6-33. Appearance plan. *Editor'snnte-Ordinance No. 6-77, § 5, enacted April 28, The village hereby adopts by reference thereto 1977, adopted 6-30-6-36, 6-56-6-60, concerning the ap- the appearance plan attached as exhibit A to pearance code, as part of the comprehensive plan for the Ordinance No. 3-72 of the village. The appearance village. Ord. No. 4-79, adopted March 8, 1979, removed the plan is set forth at length in Appendix A of-this appearance code from the comprehensive plan. Cross references-Planning and development, Ch. 21; Code. appearance plan, App. A. (Code 1970, § 6-40; Ord. No. 3-72, § 1) Supp. No. 17 384 i BUILDINGS AND BUILDING REGULATIONS § 6-35 Sec. 6-34. Reserved. Editor's note-Ordinance No. 4-79, § 1, adopted March 8, 1979, amended Ord. No. 6-77, § 5, enacted April 28, 1977, to repeal 6-29-6-32 of the 1970 Code, of which 6-30, 6-32 were codified as § 6-34 of this Code. Former § 6-34 pertained to amendments of the appearance plan. Sec. 6-35. Appeals and review The applicant or any interested party may file an appeal to the village council on any ruling by the planning commission made pursuant to this article. An appeal shall be on forms provided by the village. The appeal shall be filed or made [The next page is 398.3] Supp. No. 17 385 l BUILDINGS AND BUILDING REGULATIONS § 6-111 Erect a sign. To construct, reconstruct, build, the supporting structure to the top of the sign, relocate, raise, assemble, place, affix, attach, or its frame or supporting structure, whichever create, paint, draw, or in any other way bring is higher. into being or establish a sign but it shall not include any of the foregoing activities when Illuminated sign. A sign which contains a performed as an incident to routine mainte- source of light or which is designed or arranged nance. to reflect light from an artificial source includ- ingindirect lighting, neon, incandescent lights, Frontage. The length of the property line of back-lighting, and shall also include signs with any one parcel along the main street on which reflectors that depend upon automobile head- it borders. lights for an image. Ground sign. A sign that is supported by a Logo. Any symbol, trademark, picture or three (3) foot high maximum base. The sign other graphic representation which is used to and base shall be monolithic, shall generally signify or identify the particular business or have a columnar line and shall essentially have organization. the same contour from grade to top. A sign which is independent of any building for sup- Marquee. A structure projecting from and po~_ completely supported by a building and which extends beyond the building line or property Harmful to minors. With regard to sign line and fully or partially covers a sidewalk, content, any description or representation, in public entrance or other pedestrian way. whatever form, of nudity, sexual conduct, or sexual excitement, when it: Multiple occupancy complex. A commercial use, i.e. any use other than residential consist- . (1) Predominately appeals to the pruri- ing of a parcel of property, or parcel of contig- ent, shameful, or morbid interest of uous properties, existing as a unified or coor- minors in sex, and dinated project, with a building or buildings (2) Is patently offensive to contempo- housing more than one occupant. rary standards in the adult commu- nity as a whole with respect to what Neon tube sign. A sign electrically lighted by is suitable sexual material for mi- exposed tubes containing inert gas and visible nors and from outside of a building. (3) Taken as a whole, lacks serious lit- Nonconforming sign. A sign existing at the erary, artistic, political, or scientific effective date of the adopting of this article value. which could not be built under the terms of this article. The term "harmful to minors" shall also in- clude any non-erotic word or picture when it: Occupant (occupancy). The use of a building (1) Is patently offensive to contempo- or structure, or any portion thereof for commer- rary standards in the adult commu- cial transactions. pity as a whole with respect to what Off site/premise sign. A sign advertising an is suitable for viewing by minors, establishment, merchandise, service or enter- and tainment which is not sold ,produced, manu- (2) Taken as a whole, lacks serious lit- factured or furnished at the property on which erary, artistic, political, or scientific said sign is located. value. Outline neon lighting. An arrangement of Height of a sign. The height of a sign shall be electric discharge tubing to outline or call at- measured as the vertical distance from the tention to certain features such as the shape of finished grade, excluding berms, at the base of a building or the decoration of a window. Supp. No. 17 398,7 § 5-111 NORTH PALM BEACH CODE Painted wall sign. A sign painted. on a wall Street. A publ;, or private right-of--way for or on any other surface or part of a building or vehicular traffic, including highways,. thorough- structure. fares, lanes, roads, ways, and boulevards. Parcel. A unit of land within legally estab- Temporary sign. A sign which is intended to lished property lines. If, however, the property advertise community events, civic projects, po- lines are such as to defeat the purposes of this litical candidacy, political issues, real estate for Code or lead to absurd results, a "parcel" may sale or lease or other special events on a short be as designated for a particular site by the term basis. building official. Unit. That part of a multiple. occupancy Permanent. Designed, constructed and in- complex housing one occupant. tended for more than short term use. Vehicle sign. A sign of any nature attached Pole sign. A sign.. supported permanently to, affixed in any manner or painted on a motor upon the ground by poles or braces and not vehicle or trailer. attached to any building. (I) Permits. Portable sign. Any sign which is manifestly (1) A sign shall not hereafter be erected, designed to be transported by trailer or on its constructed, altered or maintained except. own wheels, including such signs even though as provided in this Code, until after a the wheels maybe removed and the remaining permit for the same has been issued in ~ chassis or su ort structure converted to an A PP accordance with the permitting proce- or T frame sign and attached temporarily or dures of the building code. permanently to the ground. (2) Fees. Fees shall be based on the construe- - Roof line. A horizontal line intersecting the tion valuation as set forth in the building highest point or points of a roof.. code. Roof sign. A sign placed above the roof line of (3) Exemption. Temporary signs are exempt a building or on or against a roof slope of less from the requirement of obtaining aper- than forty-five (45) degrees. mit or paying a fee, but they shall be subject. to the other provisions of this Sign. Any writing, pictorial presentation, chapter. number, illustration, or decoration, flag, ban- (Ord. No. 24-93, § 2,10-14-93; Ord. No. 13-94, § 1, ner or pennant, balloon, search light, or other 8-11-94; Ord.. No. 10-99, § 1, 2-11-99) device which is used to announce, direct atten- tion to, identify, advertise or otherwise make Sec. G-112. Exempt signs. anything known. The term sign shall not be deemed to include the terms "building" or "land- The following signs are exempt from the oper- scaping," or any architectural embellishment ation of these sign regulations; and from the of a building not intended to communicate requirement in this Code that a permit be ob- information. tained for the erection of permanent. signs, pro- vided they are not placed or constructed so as to Sign face. The part of a sign that is or may be create a hazard of any kind: used for copy. (A) Signs that are not designed or located so Sign face area. The area of any regular as to be visible from any street or adjoin- geometric shape which contains the entire sur- ing property. face area of a sign upon which copy may be placed. (B) Parking area directional signs may be erected at each point of ingress and egress Sign structure. Any construction used or to a parking lot or parking area. Such designed to support a sign. signs shall. not exceed two (2) square feet Supp. No. 17 398.8 i BUILDINGS AND BUILDING REGULATIONS § 6-113 in background area nor extend to a height (K) Public warning signs to indicate the dan- greater than three (3) feet above ground. gers of trespassing, swimming, animals or Only one (1) such sign shall be allowed at similar hazards. each point of ingress and egress, provided (L) Works of art that do not constitute adver- such signs do not create a traffic or pedes- tising. trian hazard. (See section 6-116(D)) No names or logos permitted. (M) Signs carried by a person. (C) Signs necessary to promote health, safety (N) Religious displays. and welfare, and other regulatory, statu- (Ord. No. 24-93, § 2, 10-14-93) tory, traffic control or directional signs erected on public property with permis- Sec. 6-113. Prohibited sages. sion as appropriate from the State of (A) Generally. It shall be unlawful to erect or Florida, the United States, the County of keep any sign not expressly authorized by, or Palm Beach, or the Village of North Palm exempted from, this Code. Beach. (D) Legal notices and official instruments. (B) Specifically. The following signs are ex- pressly prohibited unless exempted by section (E) Decorative flags and bunting for a cele- 6-112 of this Code or expressly authorized by bration, convention, or commemoration of section 6-114, or section 6-115 of this Code: significance to the entire community when (1) Signs that are in violation of the building authorized by the village manager fora code or electrical code adopted by the period, not to exceed thirty (30) days. village. (F) Holiday lights and decorations, erected (2) Any sign that constitutes a safety hazard. during the appropriate holiday season, shall comply with all building and electri- (3) Blank temporary signs. cal codes. (4) Signs with visible moving, revolving, or (G) Merchandise displays behind storefront rotating parts or visible mechanical move- windows so long as no part of the display went of any description or other apparent moves or contains flashing lights. visible movement achieved by electrical, electronic, or mechanical means, except (H) Memorial signs or tablets, names of build- for traditional barber poles. ings and dates of erection when cut into any masonry surface or when constructed (5) Signs with the optical illusion of move- of bronze or other incombustible materi- went by means of a design that presents a als and attached to the surface of a build- pattern capable of giving the illusion of ing. motion or changing of copy. (I) Signs incorporated into machinery or equip- (6) Signs with lights or illuminations that went by a manufacturer or distributor, flash, move, rotate, scintillate, blink, flicker, which identify or advertise only the prod- or vary in intensity or color. uct or service dispensed by the machine or (7) Outline neon lighting used on commer- equipment, such as signs customarily af- cially developed parcels for commercial fixed to newspaper racks, telephone booths, purposes. and gasoline pumps. (g) Signs, commonly referred to as wind signs, (J) Advertising and identifying signs located consisting of one or more banners, flags, on taxicabs, buses, trailers, trucks, vehi- pennants, ribbons, spinners, streamers or cles or vehicle bumpers, subject to the captive balloons, or other objects or mate- regulations of section 6-113(B)(23) of this rial fastened in such a manner as to move Code. upon being subjected to pressure by wind. Supp. No. 17 398.9 § 6-113 NORTH PALM BEACH CODE (9) Signs that incorporate projected images, (19) Signs that- are painted,. pasted, or printed emit any sound that is intended to attract on any curbstone, flagstone, pavement, or attention, or involve the use of live ani- any portion of any sidewalk or street, mals. except house numbers and traffic control (10) Signs that emit audible sound, odor, or signs. visible matter such as smoke or steam. (20) Signs placed upon benches, bus shelters (11) Signs or sign structures that interfere in or waste receptacles. any way with free use of any fire escape,. (21) Signs erected on public property, or on emergency exit, standpipe, or that ob- private property (such as private utility struct any window to such an extent that poles) located on public property, other light or ventilation is reduced to a point than signs. erected by public authority for . below that required by any provision of public purposes. this Code or other ordinance of the vil- (22) Signs erected over or across any public lage. street except as may otherwise be ex- (12) Signs that resemble any official sign or pressly authorized by this Code, and ex- marker- erected by any governmental cept governmental signs erected by or on agency, or that by reason of position, shape the order of the village manager. or color, would conflict with the proper (23) a. Vehicle signs with a total sign area functioning of any traffic sign or signal, or on any vehicle in excess of ten (10) illumination that may be reasonably con- square feet, when the vehicle is fused with or construed as, or conceal, a parked on the same. property as the traffiic-control device. business being advertised and: (13) Signs that obstruct the vision of pedestri- 1. Is parked for more than sixty ans, cyclists, or motorists traveling on or (60} consecutive minutes within entering public streets. one hundred (]:00) feet of any (14) Non-governmental signs that use the words street right-of--way; and "stop," "look," "danger," or any similar 2. Is visible from the street right- word, phrase, or symbol of-way that the vehicle is within (15) Signs, within ten (10) feet of public right- one hundred. (100) feet of; and -of--way or one hundred (100) feet of traffic- 3. Is parked on commercially zoned control lights, that contain red or green property; lights that might be confused with traffic b. Vehicle signs visible from any street control lights. right-of way with a total sign area (16) Signs that are of such intensity or bril- less than or equal to ten (10) square feet, when the vehicle is parked for fiance as to cause glare- or impair the more than sixty (60) consecutive min- vision of any motorist, cyclist, or pedes- utes on a commercially zoned prop- trian using or entering a public way, or erty and on which the business being that are a hazard or a nuisance to occu- advertised is located and: pants of any property because of glare or other characteristics. 1. Is parked within the front two- thirds of the area between. the (17) Signs that contain any lighting or control front building line and the front mechanism that causes interference with lot line; or radio, television or other communication 2. In the case of corner lots, is signals. parked within the front two- (18) Searchlights used to advertise or promote thirds of the area between the a business or to attract customers to a side building line and the side property lot line; or Supp. No. 17 398.10 BUILDINGS AND BUILDING REGULATIONS § 6-114 3. Is parked within thirty (30) feet (B) Sign types allowed. A temporary sign may of any street right-of--way. be a pole, ground or building wall sign, but may (24) Signs displaying copy that is harmful to not be an electric sign. minors as defined by this code. (25) Portable signs as defined by this code. (C) Removal of illegal temporary signs. Any temporary sign not complying with the require- (26) Marquee sign as defined by this code. ments of this section is illegal and subject to (27) Roof sign as defined by this code. ,immediate removal by the village forces. (28) Changeable copy sign as defined by this (D) Restrictions on content of temporary signs. code. A temporary sign may display any message so Exceptions: long as it is not: a. Sign for public, charitable, and reli- (1) Harmful to minors as defined by this gious institutions. code. b. Motor vehicle service station signs; (2) Advertising as defined by this code, ex- provided, however, that said signs m,e; cept that advertising for the following purposes may be displayed: 1. Limited to a maximum of twenty (20) percent of the total sign a. To indicate that an owner, either area for said vehicle service sta- personally or through an agent, is tion. actively attempting to sell, rent or 2. Changeable copy is limited to lease the property on which the sign price of fuel and the words "cash" is located. and "credit." b. To identify construction in progress. 3. The maximum height of change- Such message shall not be displayed able numbers shall be twelve more than sixty (60) days prior to (12) inches. the beginning of actual construction of the project, and shall be removed (29) Painted wall sign as defined by this code. when construction is completed. If a (30) Neon tube sign located inside or outside a message is displayed pursuant to building and as defined by this code. this section, but construction is not (31) Off site/premise sign as defined in this initiated within sixty (60) days after code. the message is displayed, or if con- struction is discontinued for a period (32) Signs placed on boats or watercraft that of more than sixty (60) days, the are located on public or private property message shall be removed, pending other than boat or watercraft name, man- initiation or continuation of construc- ufacturers name or required license num- tion activities. bers. ' (33) Time-Temperature-Date Signs. c. To announce or advertise such tem- (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 2, porary uses as carnivals, revivals, sporting events, garage sales, or any 8-18-94; Ord. No. 37-97, § 1, 8-28-97) public, charitable, educational or re- Sec. 6-114. Permitted temporary signs. ligious event or function. Such mes- (A) Where allowed. Temporary signs are al- sage shall be removed within two (2) lowed throughout the village, subject to the re- working days after the special event. strictions imposed by this section and other rele- Approval of the size and locations of want parts of this Code. Temporary signs do not the signs by the department of pub- require abuilding permit. lic services is required. Supp. No. 17 398.11 § 6-114 NORTH PALM. BEACH CODE d. Political sign. Nothing shall. be con- (2) Letters depicting the nature of the busi- strued to regulate the content or ness and that are a maximum of fifty (50) internal design of a political sign. percent of the. height. of the letters in Such sign shall be removed not more paragraph (B)(1) of this section. than seven (7) calendar days follow- (3) A logo symbol for the building or the ing the event advertised by the sign. building occupant which does not exceed (E) Permissible size, height and number of fifty (50) percent of the allowable sign temporary signs. area. (1) One-family and two-family residences.. A (4) Street address number and/or name. parcel on which is located a single one- family or two-family residence may dis- (C) Permissible number, area, spacing and height play not more than one temporary sign of permanent accessory signs. with a sign area of not more than five (5) (1) Ground signs: square feet. No sign shall exceed five (5) a. Multi-family buildings .with more feet in height. Front setback shall be ten than four (4) dwelling units. (10) feet and side setback shall. be three- Number -One (1) maximum. (3) feet. Sign Area -Maximum thirty-two (2) Multi-family residences. A parcel on which (32) square feet. is located amulti-family residence may li display not more than one (1) temporary Height -Eight (8) feet maximum. sign with a sign area of not more than Set back, Minimum -Ten (10) feet thirty-two (32) square feet. No individual front -three (3) feet side. sign shall exceed eight (8) feet in height. b. Commercial occupancy: Front setback shall be ten (10) feet and Number -One sign per parcel right- side setback shall be three (3) feet. of-way frontage maximum. (3) On all other parcels. All other parcels may display not more than one (1) temporary Building Sign Sign Sign Sign Face sign with an aggregate sign area of not Setback Setback Height Face Area Minimum Minimum Maximum Maximum Maximum more than thirty-two (32) square feet. No sign shall exceed eight (8) feet in height. Any 5 ft. 8 ft. 45 sq. ft. 75 sq. ft. 25 ft. 5 ft. 8 ft. 45 sq. ft. 75 sq. ft. (4) All areas. Three (3) temporary political 50 ft. 15 ft. 10.5 ft. 45 sq. ft. 75 sq. ft. signs, each not exceeding five (5) square 7o ft. 20 ft. 13 ft. 6o sq. ft. 10o sq. ft. feet in sign area and not more than five 100 ft. 20 ft. 13 ft. 60 sq. ft. 100 sq. ft. (5) feet in height, may be displayed on a (2) Building wall signs:. parcel. (Ord. No. 24-93, § 2, 10-14-93) a. Subject to the design criteria of this article, the maximum mounting Sec. 6-115. Permitted permanent accessory height of a building wall sign shall signs. be eighteen (18) feet, except that on (A) Sign types allowed. Apermanent accessory a building of more than two (2) sto- sign may be a ground or building wall sign. Ties, a single building wall sign is allowed above eighteen (18) feet fac- (B) Content. A permanent accessory sign may ing each public street frontage. only display any combination of the following, b. Each multiple occupancy complex none of which may be harmful to minors as may display one (1) permanent ac- defined in this Code. cessory building wall identification (1) Letters depicting the name of the building sign facing each public street front- or the name of the building occupant. age on the principal building in which Supp. No. 17 3J8.12 i BUILDINGS AND BUILDING REGULATIONS § 6-115 the complex is located, not to exceed street frontage and one-half (1/z) size a sign area of twenty (20) square wall sign facing the other street front- feet. ages. c. Each occupant of a multiple occu- pancy complex that has a licensed (D) Directional signs. One (1) parking area building frontage which has direct directional sign may be erected at each point of ground level walk-in access from a ingress and egress to a parking lot or parking public or private roadway or side- area. Such signs shall not exceed two (2) square walk may display one (1) permanent feet in background area nor exceed three (3) feet accessory building wall sign on any in height. Such signs shall not create a traffic or exterior portion of the complex that Pedestrian hazard. (See section 6-112(B)). is part of the occupant's unit (not including a common or jointly owned (E) ,Signs at entrances to residential develop- area), and that has a maximum sign ments. area of five (5) percent of the facade (1) Generally. A permanent accessory sign area if the front building setback is may be displayed at the entrance to resi- twenty-five (25) feet minimum, seven dential developments. (7) percent of the facade area if the (2) Restrictions. front building setback is seventy (70) feet minimum and ten (10) percent a. One (1) sign is permitted at only one of the facade area if the front build- (1) entrance into the development ing setback is one hundred (100) feet from each abutting street. The sign minimum. Exception: An occupant may be a single sign with two (2) that has building facade area facing faces of equal size or may be two (2) multiple public street frontages may single-faced structures of equal size have one (1) full size wall sign facing located on each side of the entrance. a public street frontage and aone- No face of the sign shall exceed thirty- half (1/z) size wall sign facing the two (32) square feet in size, and may other street frontages. be illuminated in a steady light only.. d. Each occupant of a single occupancy b. When considering the placement of complex may display one (1) perma- such signs, the planning commission vent accessory wall sign on the prin- shall consider the location of public cipal building in which the occu- utilities, sidewalks and future street widening. panty is located, not to exceed a sign area of five (5) percent of the facade c. The planning commission shall en- area if the front building setback is sure that such signs shall be main- twenty-five (25) feet minimum, seven tained perpetually by the developer, (7) percent of the facade area if the the owner of the sign, a pertinent front building setback is seventy (70) owners' association, or some other feet minimum and ten (10) percent person who is legally accountable of the facade area if the front build- under a maintenance arrangement ing setback is one hundred feet (100) approved by the village council. If no minimum accountable person accepts legal re- sponsibility to maintain the signs Exception: An occupant that has and no other provision has been made building facade area facing multiple for the maintenance of them, the public street frontages may have one signs shall be removed by the devel- (1) full size wall sign facing a public oper or owner. Supp. No. 17 398.13 § 6-115 NORTH PALM BEACH CODE (F) Flags. (I) Signs in P-Public Zoning District. (1) Number. Not more than three (3) flags or (1) Type-On premise, wall and ground signs. insignias of governmental, religious, char- (2) Number-Such number as shall be per- itable, fraternal or other organizations witted by the village council, in its discre- may bepermanently displayed on any one tion, to assist in the administration and parcel of land. operation of the village and its various (2) Size. The maximum distance from tope to governmental, recreation and proprietary bottom of any flag or flags shall be twenty operations. (20) percent of the. total height of the flag (3) Size-Height-Location. Shall be no pole, or in the absence of a flag: pole, greater than the signs allowed in adjacent twenty (20) percent of the distance from zoning districts. the top of the flag or insignia to the ground. The maximum height of a flag (4) Additional signs. The following additional pole shall be twenty (20) feet. signs are permitted: Locational and direc- (t) Utility signs. Public utility signs that iden- tional signs at outdoor public recreation tify the location of underground utility lines and park and sporting events which may in- facilities, high voltage lines and facilities, and elude advertising logo of the. entity spon- other utility facilities and appurtenances are per- soring the activity ar event being. held on witted so long as they do not exceed three (3} feet publicly owned property, including, but. in height, and so long. as the sign face does not not limited to youth athletic associations, exceed one-half (~/2) square foot. organized team competitions, swimming meets, tennis tournaments and. golf course (H) Street numbers, benches with direction and ball washing (1) Generally. Every building in the village facilities at each tee. shall have its street. number so affixed to (J) Strings of white light bulbs. Strings of the building. or the premises upon which white light bulbs may be permanently permitted the building is located that it is both to outline buildings and decorate trees on com- visible and legible from the public street. mercially developed property provided. that such (2) Commercial buildings. Every commercial display does not interfere with neighboring land building with a wall facing an alley shall uses. A building permit is required. have each individual tenancy street num- (Ord. No. 24-93, § 2, 10-14-93; Ord.. No. 13-94, § 3, ber affixed to the building. above or next to 8-11-94; Ord. No. 10-99, § 2, 2-11-99) the rear door serving each tenancy so that the number is both. visible and legible Sec. 6-116. Measurement determinations. from the alley. The street numbers .shall be reflective. (A) Facade area. The facade area shall be measured by determining the area within atwo- (3) Height-Color. All street numbers shall dimensional geometric figure coinciding. with the be a minimum of three (3) inches in height edges of the walls, windows, doors, parapets, on residential buildings and a minimum marquees, and roof slopes of greater than forty- of six (6) inches on commercial buildings. five (45) degrees that form a side of a building or Maximum height of all street numbers unit. shall. be eight (8) inches. All street num- bers shall be a sharply contrasting color (B) Sign area. with the building. (1) Generally. The area of a sign shall be the (4) Maintenance. It shall be the duty of the area within the smallest square, rectan- owner of the building to maintain the gle, parallelogram, triangle,. circle orsemi- numbers on the building in good condi- circle, the sides of which touch the ex- tion. time points or edges of the sign face. Supp. No. 17 398.14 1 i BUILDINGS AND BUILDING REGULATIONS § 6-117 (2) Special situations. supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher. (a) Where a sign is composed of letters (Ord. No. 24-93, § 2, 10-14-93) attached directly to a facade, win- dow, door, or marquee, and the Iet- Sec. 6-11'7. Design, construction, and loca- ters are not enclosed by a border or taox~ standards. trimming, the sign area shall be the area within the smallest rectangle, (A) Generally. All permanent signs must com- parallelogram, triangle, circle or semi- Ply with the following design, construction and circle, the sides of which touch the location standard. extreme points of the letters or pic- tures. (b) Where two (2) sign faces are placed back to back on a single sign struc- ture, and the faces are at no point more than four (4) feet apart, the area of the sign shall be counted as the area of one (1) of the faces. (c) Where three (3) or more sign faces are arranged in a square, rectangle, or diamond, the area of the sign shall be the area of the two (2) larg- est faces. (C) Number of signs. (1) Generally. In general, the number of signs shall be the number of non-contiguous sign faces. Multiple non-contiguous sign faces maybe counted as a single sign if all the sign faces are included in the geomet- ric figure used for determining the sign area. (2) Special situations. (a) Where two (2) sign faces are placed back to back and are at no point more than three (3) feet apart, it shall be counted as one sign. (b) If a sign has four (4) faces arranged in a square, rectangle or diamond, it shall be counted as two (2) signs. (D) Sign height. The height of a sign shall be measured as the vertical distance from the fin- ished grade, excluding berms, at the base of the Supp. No. 17 398.14.1 c Chapter 9 COUNTgi,Y CLUB* Art. I. In General, 9-1-9-15 Art. II. Advisory 13oard, 9-16-9-31 Art. III. Finances, § 9-32 *Charter reference-Country club administrator, Art. IV, § 6. Cross reference--Parks, playgrounds and recreation, Ch. 20. Supp. No. 17 559 i COUNTRY CLUB § 9-2 ARTICLE I. IN GENERAL and rough areas during the period from one (1) hour after sunset to one Sec. 9-1. Premises-General regulations. (1) hour before sunrise each day. b. Other areas at the North Palm Beach No person, other than village employees or Country Club, including the- club- persons authorized by the village, on the premises house, tennis facilities, swimming of the North Palm Beach Country Club, including pool area and winter club except the North Palm Beach Country Club Golf Course, during daylight hours and during tennis club and tennis facilities, driving range, the hours of one (1) hour after sunset swimming pool area, dining room, bar, winter and one (1) hour before sunrise as club facilities and all other premises included the premises are lighted and use within the property acquired by the village as thereof has been expressly approved part of the North Palm Beach Country Club, both by the village for the country club under the original purchase and under the option restaurant, bar facilities, swimming by which it acquired the tennis club area, shall: pool area, tennis courts, golf course, driving range and the winter club. (1) Disfiguration and/or removal of building The opening and closing hours for and other property. such latter areas shall be posted at . a. Willfully mark, deface, disfigure, in- the main entrance to the facilities jure, tamper with or displace or re- for public information. One (1) hour move any building, paving or paving after sunset and one (1) hour before . sunrise, all portions of the North materials, lawn, sod, water line or palm Beach Country Club which are other public utilities, parts of appur- not lighted and permitted for use as tenances thereof, signs, notices or described above shall be closed to placards, whether temporary or per- the public, and no person or persons manent, or any other structures, shall walk or be upon any portion of equipment, facilities or country club the country .club premises which is property or appurtenances thereto, closed to the public during those either real or personal. hours. b. Dig or remove or disfigure any of the (Ord. No. 5-80, § 1, 3-13-80) tee areas, fairways, greens or rough Editor's note-Ordinance No. 5-80, § 1, adopted Mar. 13, 1980, amended the Code with the addition of a new § 9-21. on the North Palm Beach Country However, in order to maintain Code format, the editor has Club Golf Course. redesignated the provisions as § 9-1. c. Damage, cut, carve, transplant or remove any tree or plant or injure Sec. 9-2. Same®Signs; enforcement; penal- the bark or pick the flowers or seeds ties. of any tree or plant. Nor shall any (a) The village manager shall place appropri- person attach any rope, wire or any ate signs advising the public of the closing of contrivance to any tree or plant. A country club facilities at each entrance to the person shall not dig in or otherwise North Palm Beach Country Club and at each of disturb grassy areas or in any other the North Palm Beach Country Club facilities way injure. or impair the natural main entrances. beauty or usefulness of any area. (2) Hours. Be physically present on: (b) All employees at the North Palm Beach Country Club and the public safety department a. The golf course at the Village of and public safety office at the village shall, in North Palm Beach Country Club, connection with their duties imposed by law, including all tees, fairways, greens diligently enforce the provisions of sections 9-1 Supp. No. 17 561 § 9-2 NORTH PALM BEACH CODE and 9-2. The North Palm Beach Country Club (b) Terms. Upon the expiration of the terms of Manager and all persons. employed at the North four (4) members of the. board on September 30, Palm Beach Country Club shall have the author- 1998, the village council shall make appointments ity to reject from the country club premises any of four (4) members with terms commencing Oc- person acting in violation of sections 9-1 and 9-2. tober 1, 1998, and expiring April 30, 2000. The The North Palm Beach Public Safety Department terms of the three (3) members of the board whose and any North Palm Beach Public Safety Officer expiration date is scheduled to be September 30, shall have the authority to enforce sections 9-1 1999, are changed to provide for an expiration and 9-2 and to arrest any persons trespassing date of April 30, 1999. Thereafter, the village upon the country club property in violation of the council shall make appointments to the board in hours of use and other provisions of sections 9-1 April of each year for two-year terms commencing and 9-2. May 1, thereafter. (c) Penalties. Violation of any provision of this (c) vacancies. An appointment to fill any va- Code section shall be punished as provided in cancy shall be for the remainder of the unexpired section 1-8 of this Code. term of office. (Ord. No. 5-80, § 2, 3-13-80) (Ord. No. 39-90, § 2, 11-19-90; Ord. No. 18-93, § 1, Editor's note-Ordinance No. 5-80, § 2, adopted Mar. 13, 7-22-93; Ord. No. 23-98 § 1, 9-2498) 1980, amended the Code with the addition of a new § 9-22. At the editor's discretion, in order to maintain Code format, the SeC. 9-18. RemOVal. provisions have been redesignated as § 9-2. _ Members of the board shall serve at the plea- Secs. 9-3-9-15. Reserved.. sure of the: village council and may be removed at any time with or without cause. If any member fails to attend two (2) successive regular meetings ARTICLE II. ADVISORY BOARD* without a board's excused absence, the board shall declare the member's office vacant and the Sec. 9-16. Created, village council shall promptly fill such vacancy for A country club advisory board (hereinafter re- the unexpired. term of office. (Ord. No. 39-90, § 3, 11-19-90; Ord. No: 4-99, § 2, ferred to as the board} for the village is hereby 1-28-99) created. (Ord. No. 39-90, § 1, 11-19-90; Ord. No. 4-99, § 1, Sec. 9-19. Officers' quorum; compensation. 1-28-99) _ At the first organizational meeting of the board, Sec. 9-17. Composition; terms; vacancies. the members shall elect a chairman, vice chair- . man and secretary from among its members. (a) Composition. The board of trustees shall be Subsequent to the initial organization meeting appointed by the village council and shall. consist where officers are elected, the members shall of seven (7) members who shall be residents of the elect the officers from among its members at the village. At least one (1) member of the board shall first regular meeting in October of each year. The be a pool member of the country club, one (1) presence of four (4) members shall constitute a member of the board shall be a tennis member of quorum and motions shall be approved by a the country club and one (1) member of the board majority of members present. The members shall shall be a golf member of the country club. serve without compensation. (Ord. No. 39-90, § 4, 11-19-90; Ord. No. 18-93, § 2, *Editor's note-Ordinance No. 39-90, adopted Nov 19, 7-22-93) 1990, did not specifically amend this Code; hence, inclusion of 1-7 as Art. II, 9-16-9-22, was at the discretion of the editor. Ord. No. 4-99, § 1, adopted Jan. 28, 1999, changed the Sec. 9-20. Meetings. title of Ch. 9, Art. II from Administrative Board to Advisory Board. The board shall schedule at least one (1) regu- Cross reference-Administration generally,. Ch. 2. lar meeting per month. Tn addition, the chairman Supp. No. 17 562 1 i COUNTRY CLUB § 9-32 may call special meetings and special meetings Sec. 9-22. Reserved. maybe called by written notice signed by at least Editor's note-Ord. No. 4-99, § 8, adopted Jan. 28, 1999, four (4) members of the board. Minutes shall be repealed the provisions of former section 9-22 which pertained kept of all meetings. Notice of all meetings shall to the village manager and derived from Ord. No. 39-90, § 7, be posted in accordance with the procedures es- adopted Nov. ls, 1990 and Ord. No. 13-93, § 2, adopted May tablished by the village council. All meetings shall 13, 1993.. - r be open to the public. The attorney for the village Secs. 9-23-9-31. Reserved. may give legal assistance to the board as re- quired. The board shall enact or adopt rules for the conduct of its meeting. All members shall be ARTICLE III. FINANCES apprised of the applicability of the "sunshine law" to the board and its members. Sec. 9-32. Delinquent accounts; penalties. (Ord. No. 39-90, § 5, 11-19-90; Ord. No. 4-99, § 3, (a) Effective November 1, 1971, all past-due 1-28-99) charges for goods or services purchased at the country club shall carry a penalty of one and Sec. 9-21. Duties. one-half (1i/z) percent of the amount due .for each - thirty (30) days-the account is past due on all (a) Management and administration policies. accounts where the past-due indebtedness is ten The board shall have such duties as set forth by dollars ($10.00) or more. the village council by resolution. The board shall (b) Effective November 1, 1971, all past-due advise and recommend policies, programs and membership fees at the country club shall carry a activities to the village council as they relate to ~ penalty of one and one-half (1'x/2) percent of the the use of the country club facilities. The board in amount past due for each thirty (30) days the its recommendations for the country club shall membership fee is past due on all accounts where not discriminate between club members and vil- the past-due indebtedness is ten dollars ($10.00) lage resident non-members which would favor the or more. club members' accessibility to club facilities. The (c) All billings for membership fees and for country club administrator shall provide for the goods or services purchased at the country club daily management, administration and operation shall contain information advising the customer of the country club and shall report to the village of the ~enaltyYcirarge~'ar~ate payment, with at manager. least athirty-day notice of such penalty. (b) Country club administrator. The country (d) In addition to the penalties set forth in club administrator shall serve as the village Paragraphs (a) and (b) of this section, any person manager's representative to the country club ad- whose account for membership. fees or for goods ministrative board. and services purchased at the country club is delinquent beyond two (2) billing periods shall (c) Village employees. The country club admin- have his membership privileges suspended at the istrator is responsible for evaluating all country country club and shall no longer be entitled to club employees. purchase goods and services or to utilize the facilities at the country club until he has brought (d) Country club budget. The country club bud- his account current. ~ - get shall be prepared and processed as other (Code 1970, § 10.5-40; Ord. No. 211-70, § 1; Ord. departmental budgets. No. 9-71, § 9; Ord. No. 3-76, § 1, 3-11-76) (Ord. No. 39-90, § 7, 11-19-90; Ord. No. 33-91, § 1, 10-24-91; Ord. No. 13-93, § 1, 5-13-93; Ord. No. 43-97, § 1, 10-9-97; Ord. No. 4-99, 4-7, 1-28- 99) [The next page is 615] Supp. No. 17 563 MOTOR VEHICLES AND TRAFFIC § 18-33 ARTICLE I. IN GENERAL (b) This section shall not apply where such trucks are making deliveries to or picking up merchandise at residences or places of business Secs. 18-1-18-15. Reserved. located upon such streets. (Code 1970, § 39-46; Ord. No. 4-81, § 1, 3-26-81) ARTICLE II. OPERATION OF VEHICLES GENERALLY* Sec. 18-19. Combat Auto Theft (CAT). Sec. 18-16. Speed limits-Generally. (a) Authority. The Florida Uniform Traffic Con- trol Law authorizes municipalities to .enact ordi- In accordance with law, and when signs are nances to establish "Combat Auto Theft" (CAT) erected giving notice thereof, the speed limit shall programs whereby vehicle owners may enroll be as set forth in this section: their vehicles giving advance written consent to (1) On all streets within the corporate limits law enforcement to law enforcement officers to of the village, except as set out below, stop their enrolled vehicles if they are being twenty-five (25) miles per hour at all operated between the hours of 1:00 a.m. and 5:00 times. a.m., provided the CAT decal is properly dis- (2) On all state highways and county roads Played in the lower corner of the vehicle's rear located in the village, as designated by window. the state department of transportation. (3) In areas where school hours are posted (b) Administration of program. A "combat auto traffic shall not exceed twenty (20) miles theft" (CAT) program is hereby established for the per hour. Village of North Palm Beach, Florida. The pro- gram shall include: (Code. 1970, § 39-29; Ord. No. 5-98, § 1, 2-12-98) (1) Consent forms to be executed by motor owners who enroll vehicles in the pro- Sec. 18-17. Reserved. gx.~ Editor's note-Ord. No. 5-98, § 2, adopted Feb. 12, 1998, (2) CAT program decals which conform to the repealed § 18-17, which pertained to speed limits, specific specifications, COlOPS and design of the streets. See the Code Comparative Table. uniform CAT decal established by the Florida Department of Law Enforcement Sec. 18-18. Weight limitations on certain for use throughout the state. roads. (3) All other provisions of the "combat auto (a) It shall be unlawful for any person to theft" program as provided for in the operate, drive or park any truck in excess of Florida Uniform Traffic Control Law. Ad- three-fourths ton over, across or upon .any street ministration of the program shall be con- right-of--way except those indicated below, in the ducted by the director of public safety of village: the village. Northlake Boulevard (4) The director of public safety shall charge a nominal fee for the administration of Prosperity Farms Road the program and the cost of the CAT decal. _ State Road 703 (Ord. No. 45-96, § 1, 12-12-96) U.S. Highway #1 (State Road 5) *Cross reference-Driving over fire hose prohibited, § 12-1. Secs. 18-20-18-33. Reserved. Supp. No. 17 1173 § 18-34 NORTH PALM BEACH CODE ARTICLE. III. STOPPING, STANDING AND North side of Lighthouse Drive between Light- - PARKING* house Bridge and one hundred (100) feet east of the east right-of--way line. of La- Sec. 18-34. Parking restricted. goon Drive; North Anchorage Drive from Eastwind Drive to (a) Between the hours of 2:00 a.m. and 6:00 U.S. #1 (SR #5); a:m. on streets where. no curbing is provided, the South Anchorage Drive and Eastwind Drive parking of a vehicle shall not usurp more than adjacent to the North. Palm Beach. Ele- twelve (12) inches of the paved portion of the mentary School property only during the street. period starting one (1) hour prior to and (b) No person. shall leave any truck, trailer, ending one (1) hour after published school. boat or any vehicle of a similar type parked upon hours inclusive; any public street or highway within the village Southerly most. four hundred (400) feet of the. between the hours of 12:30 a.m. and 6:00 a.m. westerly road right-of-way of Castlewood Drive adjacent to the First Church of (c) No truck in excess ofthree-fourths ton shall Christ Scientist. be parked at any time on public or private prop- (Ord.. No. 8-92, § 1, 6-25-92; Ord. No. 25-93, § 1, erty in an R-1, R=2 or R-3 residential zoning 10-14-93; Ord. No. 19-96, § 1, 5-23-96; Ord.. No. district unless making deliveries or picking. up 9-99, § 1, 2-11-99) mereharidise. Editor's note-Ordinance No. 8-92, adopted June 25, 1992, did not specifically amend this Code;. hence, inclusion of Exception: Vans with and without factory- § 1 as § 18-34.1 was at the discretion of the editor. installed seats are excepted since vans with factory- Sec. 18-35. Recreational, boating and camp- installed seats are not vans in accordance with ing equipment and personal rec- ~ " state law. reational use trailers; parking on (Code 1970; 24-70, 39-24; Ord. No. 4-81, § 2, residential` property restricted. 3-26-81) Recreational, boating and camping equipment ~ in the form of travel and camping trailers, boats ~ Sec: 18-34.1. Vehicle, trailer or boat parking on trailers, boat trailers, motor homes, personal prohibited upon paved or un- recreational use trailers including motorcycle. and paved area of the road right-of- all terrain vehicle trailers and vans, designed and way of specific roadways, used exclusively as temporary living quarters for recreation, for boating, for camping, for travel or The parking of any vehicle, trailer or boat is forother personal recreational use, maybe parked hereby prohibited upon the paved or unpaved in the side or rear yard, or within completely area of the road right-of--way of those portions of enclosed garages on sites containing a single the following described roadways located within family or duplex residence, subject to the follow- the corporate limits of the Village of North Palm ing conditions: Beach, Florida: (1) A maximum of two (2) pieces of such State Road A-1-A; equipment at a time shall be permitted on a site. Prosperity Farms Road; (2) Such parking shall be limited to such U.S. Highway # 1 (SR #5); equipment owned or leased by the occu- pant-owner or occupant-lessee of the site Northlake Boulevard; concerned. 800 Block of Lighthouse Drive; Exception: A guest of an occupant-owner or occupant-lessee may park this equip- ~Cross reference-Parl~ng near a fire station or hydrant ment in the front yard for not more. than restricted, § 12-2. five (5) days in any fourteen-day period. Supp. No. 17 1174 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, § l; 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. 18a37. Violations; fines®Handicap 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-Alon-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 1T1 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, a,~ 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 PARKS, .PLAYGROUNDS AND RECREATION § 20-61 Sec. 20-32. Form. (5) That the facilities desired have not been reserved for other use at the day and hour The permit required by section 20-31 shall be required in the application. in such form as may be established by the recre- (Code 1970, § 25-19; Ord. No. 201-69, § 8) ation director. (Code 1970, § 25-17; Ord. No. 201-69, § 6) Sec. 20-35. Appeal from refusal to issue. Sec. 20-33. Application. (a) Within five (5) days after receipt of an application, the recreation director or village man- An application for a permit required by section ager shall apprise an applicant, in writing, of his 20-31 shall contain the following items: reasons for refusing a permit required by this (1) The name and address of the applicant. division. (2) The name and address of the person, (b) Any aggrieved person shall have the right corporation or association sponsoring the to appeal, in writing, within five (5) days to the activity, if any. village council, which shall consider the applica- (3) The day and hours for which the permit is tion under the standards set forth in section 20-34 desired. and sustain or overrule the recreation director's (4) The park or portion thereof for which such or village manager's decision within seven (7) permit is desired. days. (5) An estimate of the anticipated atten- (c) The decision of the village council shall be dance. final. (6) Any other information which the recre- (Code 1970, § 25-20; Ord. No. 201-69, § 9) ation director shall find reasonably neces- sary to afair determination as to whether Sec. 20-36. Revocation. a permit should be issued. (Code 1970, § 25-18; Ord. No. 201-69, § 7) The recreation director may revoke a permit required by this division upon a finding of a Sec. 20-34. Standards for issuance. violation of any rule, ordinances or provision of this Code, or upon good cause shown. The recreation director or the village manager (Code 1970, § 25-23; Ord. No. 201-69, § 12) shall issue a permit under this division when he finds: Secs. 20-37®20®60. Reserved. (1) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoy- ARTICLE III. RECREATIOll1 ADiTISOR~t went of the park. BOARD* (2) That the proposed activity or use will not unreasonably interfere with or detract Sec. 20-61. Created. from the promotion of public health, wel- fare, safety and recreation. A recreation advisory board (hereinafter re- ferred to as board) for the village is hereby cre- (3) That the proposed activity or use is not ated. reasonably anticipated to incite violence, Ord. No. 5-92, § 1, 4-23-92) crime or disorderly conduct. (4) That the proposed activity will not entail *Editor's note-Ordinance No. 5-92, adopted April 23, 1992 did not specifically amend the Codes; hence, inclusion of unusual, extraordinary or burdensome ex- 1-6 as Art. III was at the discretion of the editor. pense or police operation by the village. Cross reference-Department of recreation, § 2-110. Supp. No. 17 1293 § 20-62 NORTH PALM BEACH CODE Sec. 20-62. Composition;. terms; vacancies. quorum and motions shall be approved by a (a) Composition. The board shall be appointed majority of members present. The members shall by the village council and shall eorisist of five (5) serve. without compensation. members and two (2) alternates who shall be Ord. No. 5-92; § 4, 4-23-92) residents. of the village. Sec: 20-65. Meetings. (b) Term. The initial appointments to the five The board shall meet and shall schedule a (5) member board shall take effect upon the regular meeting at -least once per month. In effective date of this article- with the respective addition,. the chairman may call special meetings terms expiring as follows: and special meetings may be called by written (1) The terms of two (2) members shall expire notice signed by at least three (3) members of the on May 1, 1992. board. Minutes shall be kept of all meetings. (2) The terms of three (3) members shall Notice of all meetings shall be posted in accor- expire on May 1, 1993. dance with the procedures established by the village council. All meetings shall be open to the (c) Subsequent terms. Upon expiration of the public. The board shall enact or adopt rules for terms set forth above, each appointment shall be the conduct of its meeting. All members shall be for two-year terms. Appointments shall hereafter apprised of the applicability of the "Sunshine be made by resolutions of the village council. Law" to the board and its members.. Ord. No. 5-92, § 5, 4-23-92) (d) Vacancies.. An appointment to fill any va- cancy shall be for the remainder of the unexpired Sec. 20-66. Duties. term of office. (a) The board shall serve in anadvisory capac- (e) Alternates. The two (2) alternates shall ity to the village council. and make recommenda- each serve one (1) year terms..Alternate members tions as to present. and future recreation activ- of the board shall be appointed on the same day ties, planning, recreation programs, capital that regular members are appointed. Alternate improvements and facilities and other matters members. shall be appointed as first alternate and relating to the overall recreational activity of the second alternate and shall serve in that order village and its waterways. The board is not charged when required. with the duty of ascertaining costs. or method of (Ord. No. 5-92, § 2, 4-23-92; Ord. No. 17-95, 1, implementation of their proposed plans; however, 2, 6-22-95) the board should consider the needs of all resi- dents of the village. The board sha1T have the Sec. 20-63. 1EtemovaL power to call upon the village manager, or his Members of the board shall serve at the plea- designee, for information and advice. The board's sure of the village council and maybe removed at recommendations to the. village council shall be in any time with or without cause. writing and- shall. state the basis or reasons for Ord. No. 5-92, § 3, 4-23-92) such recommendations. (b) The board shall also perform any other Sec. 20-64. Officers' quorum; compea~asation. duties which may be assigned to it by the village At the first organizational meeting of the board, council and the board shall act within thirty (30) the members shall elect a chairman, vice presi- days of the date of reference, unless the village dent and secretary from among its members. council otherwise states. Subsequent to the. initial organizational meeting Ord. No. 5-92, § 6, 4-23-92; Ord. No. 27-98, § 1, where officers are elected, the members. shall 12-10-98) elect the officers from among its members at the first regular meeting in May of each -year. The presence of three (3) members shall constitute a [The next page is 1343] Supp. No. 17 1294 TAXATION § 26-30 ARTICLE I. IN GENERAL (b) In the case of multiple-peril policies with a single premium for both the property and casu- Secs. 26-1-26-15. Reserved. alty coverages in such policies, seventy (70) per- cent of such premiums shall be used as the basis for the two-percent excise tax referred to herein. ARTICLE II. INSURANCE EXCISE TAXES (c) The excise or license tax shall be. payable Sec. 26-16. Casualty insurance premiums. annually on the first day of March of each year. (Code 1970, § 38-20) (a) In accordance with F.S. section 185.08, the village does hereby assess and impose on every Secs. 26-18-26-28. Reserved. insurance company, corporation or other insurer .now engaged in or carrying on, or who shall hereafter engage in or carry on the business of ARTICLE III. UTILITY TAX* casualty insurance as shown by the records of the state treasurer in his capacity as state insurance Sec. 26-29. Levied; rate. commissioner, an excise or license tax in addition A tax in the amount of nine (9) percent is to any lawful license or excise tax now levied by hereby imposed and levied on each and every the village amounting to one (1) percent of the purchase of electricity, metered natural gas, liq- gross amount of receipts of premiums from poli- uefied petroleum gas either metered or bottled, cyholders on all premiums collected on casualty manufactured gas either metered or bottled within insurance policies covering property within the the corporate limits of the village within the corporate limits of the village. corporate limits of the village. A tax of two cents (b) In the case of multiple-peril policies with a ($0.02) per gallon is hereby imposed and levied on single premium for both property and casualty each and every purchase of fuel oil within the coverages in such policies, thirty (30) percent of corporate limits of the village. such premium shall be used as the basis for the (Code 1970, § 38-21; Ord. No. 199-69, 1, 6; Ord. one-percent tax above. No. 222-71, § 1, 1-14-71; Ord. No. 22-79, § 1, 9-27-79; Ord. No. 9-81, § 1, 9-24-81; Ord. No. (c) The excise or license tax shall be payable 16-92, § 1, 9-24-92; Ord. No. 23-93, § 1, 9-23-93; annually March 1 of each year after the passing of Ord. No. 41-97, § 1, 9-25-97; Ord. No. 24-98, § 1, an ordinance assessing and imposing the tax 10-8-98) herein authorized. Editor's note-Section 3 of Ord. No. 24-9i1 states that this (Code 1970, § 38-19) ordinance shall take effect on April, 1, 1999. Sec. 26-17. Property insurance premiums. Sec. 26-30. Collecti®n. (a) In accordance with F.S. section 175.101, (a) The tax imposed and levied in section 26-29 the village does hereby assess .and impose on shall be collected from the purchaser of such every insurance company, corporation or other utilities services and paid by such purchaser for insurer now engaged in or carrying on, or who the use of the village to the sellers of such shall hereafter engage in or carry on, the business electricity, fuel oil, metered gas and bottled gas of property insurance, as shown by the records of (natural liquefied petroleum gas or manufactured_ the state treasurer in his capacity as state insur- gas) at the time of the purchaser paying the ante commissioner, an excise or license tax in charge therefor to the seller. addition to any lawful license or excise tax now (b) The sellers of electricity, fuel oil, metered levied by the village amounting to two (2) percent gas and bottled gas (natural liquefied petroleum of the gross amount of receipts of premiums from gas or manufactured gas) within the corporate policyholders on all premiums collected on prop- erty insurance policies covering property within *State law reference-Public service tax authorized, F.S. the corporate limits of the village. § lss.231. Supp. No. 17 1629 § 26-30 NORTH PALM BEACH CODE limits of the village shall act as the tax collection aircraft engine, fuel or propellant or for use in mediums or agencies for the village, and they internal-combustion engines shall be exempt from shall collect from the purchasers of such utilities taxation hereunder. services for the use of the village the tax iynposed and levied by this article and shall report. and pay (d) The tax imposed by this article shall not over to the village all such taxes imposed, levied apply to purchases by any recognized church in and collected in accordance with the accounting the state for use exclusively for church purposes. methods and other provisions of this article. (Code 1970, § 38-23; Ord. No. 41-97, § 2, 9-25-97) (c) The sellers of such electricity, fuel oil, me- tered gas and bottled gas (natural liquefied petro- leum gas or manufactured gas} shall account for, Sees. 26-32--26-50. Reserved. report and pay over all moneys received by them on or before the fifteenth day of each and every month under the provisions of this article, and ARTICLE IV TELECOMMITNICATIOhTS shall submit such moneys, reports and accounting SERVICE TAX* to the village treasurer on or before the-first day of the month following the fifteenth day of each month. The accounting and reports which shall Sec. 26-51. Levy; rate. accompany such payment shall be upon such forms as can be mutually agreed upon by the There is hereby levied and imposed by the village treasurer and the sellers of such electric- village a public service tax upon purchases within ity, fuel oil, metered gas and bottled gas (natural the municipality of telecommunications services, liquefied petroleum gas or manufactured gas), as defined in F. 5. section 203.012, which origi- and if no such. agreement can be reached, they note and terminate in this state,. at a rate of six shall be upon such forms as are determined by the (6) percent of the total amount charged for any village treasurer. telecommunications service provided within the (Code 1970, § 38-22; Ord. No. 199-69, § 5; Ord. IVo. village or, if the location of the telecommunica- ' 222-71, § 1, 1-14-71) tions service provided cannot be determined, the total amount billed for such telecommunications See. 26-~1. Ea~emptaoaxs. service to a telephone or telephone number, a (a) The municipal government of the village, telecommunications number or device, or a its commissions and agencies, the United States customer s billing address located within the vil- government, State of Florida,. Florida municipal- loge, excluding public telephone charges collected ities and public bodies exempted by law or court on site, charges for any foreign exchange service order shall be exempted from the payment of the or any private line service except when such tax imposed and levied by this article. services are used or sold as a substitute for any telephone company switched service or dedicated (b) The tax imposed by this article shall not be facility by which a telephone_ company provides a applied against any fuel adjustment charge, and communication path, access charges, and any such charge shall be separately stated on each customer access line charges paid' to a local tele- bill. "Fuel adjustment charge" shall mean all phone company. However, those telecommunica- increases in the cost of utility services to the tions services described in F. S. section ultimate consumer resulting from an increase in the Cost Of fuel to the utility Subsequent to OCto- Editor's note-Ord. No. 18-94, adopted Sept. 22, 1994, did not specifically amend the Code and at the discretion of the ber 1, 1973. editor said provisions have been included herein as Art. IV, (c) The purchase of natural gas or fuel oil by a 26-51-26-54. Subsequently, Ord. No. 43-96, adopted Dec. 26, public or private utility, either for resale or for use 1996, replaced provisoes of Ord. No. 18-94 and have been included herein as Art. IV, 26-51-26-54. Provisions of Ord. as fuel in the generation of electricity, Or the No. 43-96 did not specifically amend the Code and have been purchase of fuel oil or kerosene for use as an included at the discretion of the editor. Supp. No. 17 1630 f I TAXATION § 26-54 203.012(5)(b), shall be taxed only on the monthly certificate of exemption issued under F.S. ch. 212 recurring customer service charges excluding vari- shall be exempted from the payment of the tax able usage charges. imposed and levied by this part. (Ord. No. 18-94, § 1, 9-22-94; Ord. No. 43-96, § 1, (b) Purchases of local telephone service or other 12-26-96; Ord. No. 42-97, § 1, 9-25-97) telecommunication service for use in the conduct of telecommunication service for hire or otherwise Sec. 26-52. Collection. for resale shall be exempted from the payment of the tax imposed and levied by this part. (a) When a seller of telecommunications ser- (Ord. No. 18-94, § 3, 9-22-94; Ord. No. 43-96, § 3, vices renders a bill to the purchaser to cover 12-26-96; Ord. No. 42-97, § 2, 9-25-97) purchases made during the period of time to which the bill is applicable, the amount of public Sec. 26-54. Compensation. service tax shall be stated separately from gov- ernmental charges and taxes, and shall not be For the purpose of compensating the seller of levied thereon. telecommunication service, the seller shall be allowed one (1) percent of the amount of the tax (b) The purchaser shall pay such public service collected and due to the village in the form of a tax to the seller at the time of payment of each deduction from the amount collected for remit- such bill. The seller, as collection agent for the tance. The deduction is allowed as compensation village, shall collect such public service tax from for keeping of records and for the collection of, and the purchaser at the time of payment of each such the remitting of, the tax. bill. Provided and to the extent that such bills are (Ord. No. 18-94, § 4, 9 22-94; Ord. No. 43-96, § 4, subsequently paid, the seller shall remit the pub- 12-26-96) lic service tax to the village in accordance with the provisions hereinafter stated. If any purchaser refuses to pay such tax specifically, the seller shall promptly inform the village of the name and address of such purchaser, and the amount of tax withheld by such purchaser. (c) Every seller is hereby required to execute and file with the village finance director no later than the twentieth (20th) day of each month a statement setting forth the amount of such public service tax to which the village became entitled under the provisions hereof on account of bills paid by purchasers during the preceding fiscal month, and contemporaneously with the filing of such statements, shall pay the amount of such public service tax to the village. (Ord. No. 18-94, § 12 9-22-94; Ord. No. 43-96, § 2, 12-26-96) Sec. 26-53. Exemptions. (a) Purchases of telecommunication services by the government of the village, its council and agencies and any recognized church in this state if used exclusively for church purposes and any religious institution that possesses a consumer [The next page is 1681] Supp. No. 17 1631 I t I i TREES AND SHRUBBERY § 27-63 Swale areas between the sidewalk and road pave- (4) Fifty (50) percent maximum palms in went directly in front of the site. place of shade trees. (Code 1970, § 41-19(3); Ord. No. 14-71, § 1; Ord. (5) Six (6) inches minimum caliper. No. 2-81, § 9, 1-22-81) (c) Shrubs and hedges. Shrubs shall be a min- Sec. 27-62. Plant material. imum of two (2) feet in height when measured immediately after planting. Hedges, where re- (a) Quality. Plant materials used in conform- quired, shall be planted and maintained so as to ante with provisions of this article shall conform form a continuous, unbroken, solid, visual screen to the Standards for Florida No. 1 or better as within a maximum of one (1) year after time of given in "Grades and Standards for Nursery planting. Plants," Part I, 1963, and Part II, State of Florida, Department of Agriculture, Tallahassee, or equal (d) Vines. Vines shall be a minimum of thirty thereto. Grass sod shall be clean and reasonably (30) inches in height, immediately after planting, free of weeds and noxious pests or diseases. Grass and may be used in conjunction with fences, seed shall be delivered to the jobsite in bags with screens or walls to meet physical requirements as state department of agriculture tags attached specified. indicating the seed grower's compliance with the (e) Ground covers. Ground covers used in lieu department's quality control program. of grass in whole or in part shall be planted in such a manner as to present a finished appear- (b) 7~ee species. Trees shall be species having ante and reasonably complete coverage within an average mature spread of crown of greater three (3) months after planting. than fifteen (15) feet in this area or this county and having trunks which can be maintained in a (f) Lawn grass. Grass areas shall be planted in clear condition over five (5) feet of clear wood. species grown as permanent lawns in this county. Trees having an average mature spread of crown Grass areas may be sodded, plugged, sprigged or less than fifteen (15) feet may be substituted by seeded except that solid sod shall be used in grouping the same so as to create the equivalent swales or other areas subject to erosion, and of a fifteen-foot crown spread. Tree species shall providing that in areas where other than solid sad be a minimum of fifteen (15) feet overall height or grass seed is used, nursegrass seed shall be immediately after planting. Trees of species whose sown for immediate effect and protection until roots are known to cause damage to public road- coverage is achieved. ways or other public works shall not be planted (Code 1970, § 41-19(4); Ord. No. 14-71, § 1; Ord. closer than twelve (12) feet to such public works No. 29-9~, § 1, 12-10-98) unless the tree root system is completely con- tained within a barrier for which the minimum Sec. 27-63. Required landscaping adjacent interior containing dimensions shall be five (5) to publac rights-of--way. feet square and five (5) feet deep, and for which the construction requirements shall be four-inch On the site of a building or structure or open lot thick concrete reinforced with no. 6 road mesh (6 use providing anoff-street parking area or other. x 6 x 6) or equivalent. A list of such tree species vehicular use area, where such area will not be shall be maintained by the village for the guid- entirely screened visually by an intervening build- ance of the public. Palms shall be considered trees ing or structure from any abutting right-of--way, and in accordance with the following standards: excluding dedicated alleys, there shall be pro- (1) Trees to be clustered in groups of three (3) vided landscaping between such area and right- of-way, as follows: minimum. (2) Three (3) palms equal one (1) shade tree. (1) A strip of land at least five (5) feet in depth located between the abutting right- (3) Eight (8) feet gray wood-fifteen (15) feet of-way and the off-street parking area or height. other vehicular use area which is exposed Supp. No. 17 1687 § 27-63 NORTH PALM BEACH CODE 1/ to an abutting right-of--way shall be land- Sec. 27-64. Perimeter landscaping relating scaped, such landscaping to include. one to abutting properties. (1) tree from each fifty (50) lineal feet or On the site of a building or structure or open lot fraction thereof. Such trees shall be lo- use providing an off-street parking area or other Gated between the abutting right-of--way vehicular use area, where such areas will not be and off-street parking area or other vehic- entirely screened visually by an intervening build- ular use area and shall be planted iri a ing or structure from abutting property, that planting area of at least twenty-five (25) portion of such area not so screened which. lies square feet with a minimum dimension of between the front edge of the property and the at least five (5) feet. In addition, a hedge front building line shall be provided with a hedge or other durable landscape barrier at least or other durable landscape barrier not greater two (2) feet in height shall be placed along than three (3) feet in height nor less than two (2) only the perimeter of such landscaped feet in height to form a continuous screen be- strip. If such durable barrier is of nonliv- tween the off-street parking area or other vehic- ing material, for each five (5) feet thereof, ular use area and such abutting property;. pro- one (1) shrub or vine shall be planted vided, however, that that portion of such area. not abutting such barrier but need not be so screened which lies between the front building spaced five (5) feet apart. Such shrubs or line and the rear line of the property shall be vines shall be planted along the street provided with a hedge or other durable landscape side of such barrier unless they are of barrier not greater than six (6) feet in height or sufficient height at the time of planting to less than two (2) feet in height to forma contin- be readily visible over the top of such uous screen between the off-street parking area barrier. The remainder of the required or other vehicular use area and such abutting landscaped areas shall. be landscaped with property. Such landscape barrier shall be located grass, ground cover or other landscape between the common lot line and the off-street treatment excluding paving; provided, how- parking area or other vehicular use area exposed ever, that a nonliving durable wall maybe to the abutting property provided the purpose of erected. on the perimeter of the required screening off-street parking area and other vehic- landscaped area. opposite the sidewalk or ular use areas is accomplished. If such barrier at any point at least three (3) feet from consists all or in part of-plant materials, such the sidewalk within this landscaped area. plant materials shall be planted in a planting No such landscape barrier wherever lo- strip of not less than two and one-half (21/z) feet in Gated under this subsection shall exceed width. In addition, one (1) tree shall be provided three (3) feet in height or be less than two for each seventy-five (75) lineal feet of such land- (2) feet in height. scape barrier or fractional part thereof. Such i trees shall be located between the common lot line (2) All property other than the required land- and the off-street parking area or other vehicular scaped strip lying between the right-of use area.. Each such tree shall be planted in at way and off-street parking area or other least twenty-five (25) square feet of planting area vehicular use area shall be landscaped with a minimum dimension of at least five. (5) with at least grass or other ground cover. feet. Each such planting area shall. be landscaped (3) Necessary accessways from the public with grass, ground cover or other landscape ma- right-of--way through all such landscaping terial excluding. paving in addition to the required shall be permitted to service the parking tree. The provisions of this subsection shall not be or other vehicular use areas and such applicable in the following situations: accessways may be subtracted from the (1) When a property line abuts a dedicated lineal dimensions used to determine the alley, or to those portions of the property number of trees required. that are opposite a building. or other struc- (Code 1970, § 41-19(5); Ord. No. 14-71, § 1) ture located on the abutting property. Supp. No. 17 1688 TREES AND SHRUBBERY § 27-66 (2) Where abutting property owners desire to thereof of required interior landscaped area. Such share their parking lots, the require- interior landscaped areas shall be located in such ments of a perimeter hedge between the a manner as to divide and break up the expanse of two (2) owners may be eliminated pro- paving. vided that the .gross area of landscaping (b) In other vehicular use areas where the which has been eliminated is placed else- where in the parking area, so that the strict application of this section will seriously total amount of landscaped area will not limit the function of such area, the required be lessened by eliminating the perimeter landscaping may be located near the perimeter of hedge. the paved area including such perimeters which may be adjacent to a building on the site. Such (Code 1970, § 41-19(6); Ord. No. 14-71, § 1; Ord. required interior landscaping which is relocated No. 2-81, § 10, 1-22-81) as herein provided shall be in addition to the perimeter landscaping requirements. Sec. 2?-65. Parking area interior landscap- ing. (c) The front of a vehicle may encroach upon any interior landscaped area when such area is at (a) Off-street parking areas shall have at least least three and one-half (3'~a) feet in depth per ten (10) square feet of landscaping located within abutting parking space and protected by wheel the perimeter of the parking area for each park- stops or curbing. Two (2) feet of such landscaped ing space excluding those spaces abutting a pe- area may be part of the required depth of each rimeter for which landscaping is required by abutting parking .space. other sections hereof. In addition, other vehicular (Code 1970, § 41-19(7); Ord. No. 14-71, § 1; Ord. use areas shall have one (1) square foot of land- No. 281, 11, 12, 1-22-81) scaped area for each one hundred (100) square feet or fraction thereof of paved area for the first Sec. 27-6F:. Sight distance for landscaping fifty thousand (50,000) square feet excluding the adjacent to public rights-of--way first five thousand (5,000) square feet of paved and points of access. area plus one square foot of landscaped area for each two hundred (200) square feet or fraction At any place within the corporate limits of the thereof of paved area for all paved area over fifty village, when an alley, service lane, service road thousand (50,000) square feet; provided, however, or private driveway intersects a public right-of- in areas zoned for industrial use these require- way or when the subject property abuts the inter- ments shall be reduced by fifty (50) percent. section of two (2) or more public rights-of--way, the Where the property contains both parking areas, landscaping or any solid installation within the and other vehicular use areas, the two (2) types of triangular areas described below shall provide areas maybe separated for the purposes of deter- unobstructed cross-visibility at a level between mining the other vehicular use area by first three (3) feet and six (6) feet; provided, however, multiplying the total number of parking spaces by trees or palms having limbs and foliage trimmed four hundred (400) and subtracting the resulting ~ such a manner that no limbs or foliage extend figure from the total square footage of the paved into the cross-visibility area shall be allowed, area. Each separate landscaped area shall con- provided they are so located so as not to create a tain a minimum of fifty (50) square feet and shall traffic hazard. Landscaping except required grass have a minimum dimension of at least five (5) feet or ground cover shall not be located closer than and shall include at least one (1) tree having a three (3) feet from the edge of any accessway clear trunk of at least five (5) feet, with the pavement. The triangular areas above referred to remaining area adequately landscaped with shrubs, tee' ground cover or other authorized landscaping (1) The areas of property on both sides of an material not to exceed three (3) feet in height. The alley, service lane, service road or private total number of trees shall be not less than one (1) driveway formed by the intersection of for each one hundred (100) square feet or fraction each side of the alley, service lane, service Supp. No. 17 1689 § 27-66 NORTH PALM BEACH CODE road or private driveway and the public right-of--way line with two (2) sides of each triangle being ten (10) feet in length from the point of intersection and the third side being a line connecting the ends of the two (2) other sides. (2) The area of property located at a corner formed by the intersection of two (2) or more public rights-of-way with two (2) sides of the triangular area being thirty (30) feet in length along the abutting public right-of--way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) lines. (Code 1970, § 41-19(8); Ord. No. 14-71, § 1; Ord. No. 22-77, § 1, 12-8-77; Ord. No. 2-81, § 13, 1-22-81) Seo. 27-67. Existing plant material. In instances where healthy plant material ex- ists on a site prior to its development in part or whole, for the purpose of off-street parking or ~ . other vehicular use areas, the building official may adjust the application of the above men- tioned standards to allow credit for such plant material if, in its opinion, such an adjustment is an keeping with and will preserve the intent of this article. (Code 1970, § 41-19(9); Ord. No. 14-71, § 1; Ord. No. 2-81, § 5, 1-22-81) i I', [The neat page is 1739] Supp. No. 17 1690 I i APPENDIX C-ZONING § 45-36 other similar institution to the boundary (2) The measurement provided above for of the lot or premises where the existing one thousand (1,000) feet shall be station is erected. made or taken from the main front M. Building height regulations. entrance or entrances of such church, (1) Within the area of the Village of public or private school, hospital, North Palm Beach which lies north park or playground, or a place of of the Intracoastal Waterway and business of another licensed retail west of U.S. Highway No. 1, no build- seller of alcoholic beverages, to the ing or structure shall exceed sixteen main front entrance of the applicant's (16) stories or one hundred sixty proposed place of business along the (160) feet. route of ordinary pedestrian traffic. (2) Within the area of the Village of (3) The restrictions of section 45-36N.(1) shall not apply to the sale of beer, ale North Palm Beach which lies north or wine at retail, not to be consumed of the Intracoastal Waterway and on the premises. east of U.S. Highway No. 1, no build- ing or structure shall exceed twenty- (4) The restrictions of section 45-36N.(1) two (22) stories or two hundred shall not apply to any bona fide twenty (220) feet. restaurant as defined and licensed under Florida Statutes as a restau- (3) Within the area of the Village of rant with full kitchen facilities, re- North Palm Beach which lies south gardless of size or seating capacity, of the Intracoastal Waterway and where alcoholic beverages are served east of U.S. Highway No. 1, no build- solely as an accessory use to the ing or structure shall exceed four (4) restaurant and only when such res- stories or forty (40) feet. taurant is open for the sale and (4) Within the area of the Village of service of food; provided, however, North Palm Beach which lies south that the provisions of this subpara- and west of the Intracoastal Water- graph (4) shall not permit a license way and west of U.S. Highway No. 1, to be issued to a restaurant that no building or structure shall exceed sells alcoholic beverages within one four (4) stories or forty (40) feet. thousand (1,000) feet of a church, N. Location of business for retail sales of public or private school, hospital, alcoholic beverages. public park or public playground. (1) No licensed retail sales of alcoholic (5) Nothing in section 45-36N.(1) shall beverages shall be carried on where prohibit the conduct of licensed re- the proposed place of business is tail sales of alcoholic beverages within within one thousand (1,000) feet of a one thousand (1,000) feet ofthe North church, public or private school, hos- Palm Beach Country Club. pital, park or playground, or a place O. Xeriscape landscaping practices. Proper- ofbusiness of another licensed retail ties within all zoning districts are encour- seller of alcoholic beverages; pro- aged to utilize xeriscape landscaping prac- vided further, that no licensed retail tices to simultaneously enhance the sales of alcoholic beverages shall be appearance of the property while requir- carried on in the C-3, Regional Busi- ing less water and energy. Xeriscape prac- ness District, where the proposed tices in the village shall be based on the place of business is within five hun- latest published South Florida Water Man- dred (500) feet of a church, syna- agement District xeriscape manual. gogue, temple or other place of wor- P. Maximum floor-area ratio. Maximum gross ship. floor area ratios for commercial develop- Supp. No. 17 2510.5 § 45-36 NORTH PALM BEACH CODE went within the area of the village de- clude the proposed outdoor seating fined by PGA Boulevard on the north, as part of an overall application for a Lake Worth on the east and the building permit and/or certificate of Intracoastal Waterway on the south and appropriateness orshall seek amend- west shall be limited as follows: retail - went of an existing building permit 0.25; professional office - 0.35; and mixed- andlor certificate of appropriateness use - 0.35. to allow for outdoor seating, pursu- Q. Outdoor seating. ant to the applicable provisions of this Code. Every application involy- (1) Applicability. Outdoor seating shall ing outdoor seating shall include the be permitted as an accessory use to a following, in addition to and not in building in which a food service es- place of anything else which may tablishment is operated, provided otherwise be required by any other that: provision of this Code: a. The outdoor seating area is ad- a. A site plan, drawn to scale, jacent to that portion of the which shows at least the build- food service establishment ing for which outdoor seating which is inside the building. will be an accessory use; the b. The outdoor seating is located location of the food service es- on property which is either tablishment which will use the owned or leased by the adja- outdoor seating;. the location of cent food service establishment the outdoor seating and all re- or the landlord of such food lated fencing. screening, or di- service establishment. viding materials; the location of any sidewalks or other pedes- c. The outdoor seating can be ac- trian walkways or passageways commodated without impeding which are adjacent to or will be the access. of the general public,. affected by the outdoor seating; including persons with disabil- and the location of all existing ities, to the portion of the food or additional'. parking for such service establishment which is building. located inside the building, or b. A copy of the written consent of to any other commercial busi- any person or business who Hess or other use. other than the applicant owns d. The outdoor seating can be ac- or leases any property,. includ- commodated without creating ing any sidewalk or other pub- a need for additional parking lic passageway, upon {which] spaces which could not be pro- the outdoor seating would be vided on the same site as the located. building for which the outdoor c. Photographs, renderings, or seating would be an accessory samples showing the style and use or would create anon- color of all furnishings, fencing, conforming status for existing screening, or dividing material parking provided for such build- to be used for or in conjunction ing. with the outdoor seating. e. No outdoor seating shall beper- (3) Conditions of outdoor seating. Out- witted for adult entertainment door seating shall comply at all times establishments. with the following conditions: (2) Permitting process. An applicant for a. Outdoor seating shall be ar- approval of outdoor seating shall in- ranged, when in use, in a man- Supp. No. 17 2510,6 I APPENDIX C-ZONING § 45-36 ner that allows a pedestrian g. Outdoor seating shall be main- walkway in compliance with ap- tained in a secure manner, plicable building codes and fire whenever the food service es- codes. tablishment is closed to the pub- b. Outdoor seating located on a lic. pedestrian walkway which pro- vides access to more than one h. Establishments with outdoor (1) occupant of a building, as in seating with food and beverage a shopping center, shall be ar- service shall meet all health ranged, when in use, in a man- code and other applicable code ner that maintains a passage of requirements of restaurants. not less than five (5) feet in i. Any permanent or temporary width. structures associated with out- c. Outdoor seating of an applicant door seating, including, but not shall not be located on any side- limited to, awnings and cov- walk,passageway, or other prop- ered roofs shall not encroach erty adjacent to any other busi- into the required building set- . ness. back areas. Tables, chairs, um- d. Outdoor seating shall not oc- brellas, fencing, screening and copy any area designated for dividing materials shall not be p~~ng, located closer to the property e. Outdoor seating which is used line than two-thirds (2/a) of the for the service and sale of food required front, side or rear build- orbeverages of any kind within ing setback. the outdoor seating area, shall be physically separated and vi- (4) Limitations on use. Except for out- sually distinct from any imme- door seating located in an inner court: diately adjacent public passage- a. All sales and service of food and way or walkway by means of beverages in an outdoor seat- approved fencing or screening ing area are prohibited between material which is not less than the hours of 10:30 p.m. and two (2) feet in height, by means 7:00 a.m., Sunday through of one (1) or more planter boxes Thursday, and between the and other plant container, by hours of 11:00 p.m. and 7:00 means of some other approved a.m., Friday through Saturday. divider, or any combination of such means, but not including b. Outdoor seating areas shall be tables, chairs or other seating. in compliance with the village's f. Outdoor seating areas may only noise regulations. contain tables, chairs, umbrel- las and/or awnings and required (5) General requirements. Outdoor seat- fencing or screening materials. ing which increases the total n~m- All such equipment shall be ber of seats available at a food ser- compatible in color and style vice establishment shall be considered with the exterior of the build- an expansion of use. Such outdoor ing and shall not contain or seating shall be included in any cal- have affixed to it any sign, let- culation of the total number of seats tering or advertising of any kind. provided by the food service estab- Supp. No. 17 2510.7 § 45-36 NORTH PALM BEACH CODE lishment but not limited to parking,. Object.. A material thing of functional, aes- restroom facilities and occupational thetic, cultural, historical or scientific value that license fees. may be, by nature of design, movable, yet related (Ord. No. 209-70, § 1; Ord. No. 2-71, § 1; Ord. No. to a specific setting or environment. 1-72, § 1; Ord. No. 11-74, § 1; Ord. No. 11-75, § 1, 9-11-75; Ord. No. 2-76, § 1, 2-26-76; Ord. No. 3-77, § 1, 2-24-77; Ord. No. 15-85, § 1, 9-12-85; Ord. No. Ordinary maintenance. Work which does not require a construction permit and that is done to 21-90, § 2, 6-28-90; Ord. No. 7-91, § 1, 3-14-91; repair damage or to prevent deterioration or Ord. No. 20-95, § 1, 7-27-95; Ord. No. 34-96, § 1, decay of a building or structure or part thereof as 8-22-96; Ord. No. 3-97, § 1,1-9-97; Ord. No. 12-97, nearly as practicable to its condition prior to the 3, 4, 2-27-97; Ord. No. 2-98, § 1, 1-8-98; Ord. damage, deterioration, or decay. Sec. 4 a~37. Historic site overlay district. Original appearance. That appearance (except for color) which, to the. satisfaction of the village A. Purpose. The. historic site overlay district is council, closely resembles the appearances. of eff- used to impose special development restrictions they: on identified areas. The locations of this overlay district are established by the Village based on (1) The feature. on the building as it was the need for special protective measures at those originally built or was likely to have been locations. The historic site overlay district im- built, or poses different standards than those that would (2) The feature on the building as it presently otherwise apply. exists so long as the present appearance B. Defenitions. [For purposes of this section, is appropriate, in the opinion of the vil- the following words shall have the meaning as- lage council,. to the style and materials of cribed to them in this subsection:] the building. Building.. A structure created to shelter any C. Creation of local register of historic sites. A form of human activity. This may refer to a house, local register of historic sites is hereby created as barn, garage, church, hotel, ar similar structure. a means. of identifying and classifying various Buildings may refer to a historically or architec- sites, buildings, structures, objects and districts turally related complex, such as municipal build- as historic and/or architecturally significant. The ings, or a house and barn. Parking lots and local register will be kept by the director of public garages are hereby deemed to be "buildings." services. Cultural resource. Asite, object, structure, build- ing or district listed in the Village's register of D. Initiation of placement on local register. historic sites. Placement of sites, buildings, structures, objects Demolition. The tearing down or razing of or districts on the local register may be initiated twenty-five (25) percent or more of a structure's by the village council. In addition, placement may external walls. be initiated by the owner of the site, building, structure, object or area;. or, in the case of a District. A geographically definable area pos- district, by the owner of a site, building, struc- sessing asignificant concentration, linkage, or ture, object or area within the proposed district. continuity of sites, buildings, structures, objects, By adoption. of this ordinance, those sites within or areas, which are united historically or aesthet- the Village of North Palm Beach that have been ically by plan or physical development. A district classified. as a "Florida historic site" by the Divi- may be comprised of individual resources which sion of Archives, History and Records Manage- are separated geographically but are linked by went, Florida Department of State, are hereby association or history. placed on the local register. i Supp. No. 17 2510.8 APPENDIX C-ZONING § 45-37 E. Placement on local register. The following procedure shall be followed for placement of sites, buildings, structures, objects, areas and districts on the local register: 1. A nomination form, available from the department of public services, shall be completed by the applicant and returned to the department. 2. Upon receipt of a completed nomination form, including necessary documentation, the director shall place the nomination on the agenda of the next regularly sched- uled meeting of the village planning com- mission. If the next regularly scheduled meeting of the planning commission is too close at hand to allow for the required notice to be given, the nomination shall be placed on the agenda of the succeeding regularly scheduled meeting. 3. Adequate notice of the planning commission's consideration of the nomina- tion shall be provided to the public at large, and to the owner(s) of the nomi- nated property(ies), at least fifteen (15) days in advance of the meeting at which the nomination will be considered by the council. 4. The planning commission shall, within thirty (30) days from the date of the meeting at which the nomination is first on the planning commission agenda, re- view the nomination and write a recom- mendation thereon for consideration by the village council. The recommendation shall include specific findings and conclu- sions as to why the nomination does or does not meet the appropriate criteria for listing on the local register. The recom- mendation shall also include any owner's objection to the listing. If the nomination is of a district, the recommendation shall also clearly specify, Supp. No. 17 2510.9 l STATUTORY REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text of references to the state law or related matters. Section Section Section this Code Section this Code 1.01 27-31 ch. 185 2-167 1.01 et seq. 1-2 185.08 26-16 ch. 22F App. B, Art. II, § 203.012 26-51 36-10 203.012(5)(b) 26-51 ch. 39 App. C, § 45-2 ch. 205 Ch. 17, Art. II Ch. 50 2-181 205.043(2), 50.041 2-181 205.043(3) 17-24, 17-25 50.051 2-181 205.053 17-20 ch. 98 Ch. 10 205.192 17-22 ch. 101 10-7 210.03 17-33 161.55(1Xd) 6-156 ch. 212 26-53 161.041 6-153 ch. 252 Ch.8 161.053 6-154 253.125 7-19 162.12(2) 2-180 280.02 2-4 ch. 163 12.5-1 316.008 Ch. 18 21-1 316.1955,316.1956 18-37 21-11 320.01(1) 14-37 21-43, 21-44 ch. 327 Ch. 5 App. B, Art. I, § 335.065 App. B, Art. 1V, § 36-2, App. B, Art. I, 36-29.1 § 36-4 337.401(3) 28-3 App. B, Art. II, § 342.03 Ch. 5 36-16 ch. 373 19-200 App. B, Art. VI ch. 380 21-44 163.01 2-4 App. B, Art. II, § 163.161 et seq. 21-O1 36-10 ch. 163.170, App. B, Art. II, § 380.04 21-103 §163.3164(17) 36-10 393 App. C, § 45-2 163.225(3Xa)--(c) 5-86 ch. 394 App. C, § 45-2 163.295 6-150 ch. 400 App. C, § 45-2 163.3161 et seq. Ch. 21, Art. II ch. 401 11.5-21 163.3177 21-44 ch. 402 App. C, § 45-2 163.3178 6-155 App. C, § 45-34.1 21-44 402.302(4), ch. 166 6-16 402.302(5) 17-33 Ch. 24 ch. 403 19-117 Ord. No. 2478 § 3 413.08 4-27(d) 166.021 Gh. 17, Art. II ch. 419 17-33 166.221 17-34 App. C, § 45-2 166.231 Ch. 26, Art. III ch. 472 App. B, Art. I, § ch. 170 21-2 36-6 170.01 Ch. 24 ch. 480 App. C, § 45-2 ch. 175 2-167 553.73 6-154 175.101 26-17 11-11 ch. 177 App. B, Art. I, § 553.73(2) 6-2 36-2 561.01 3-1 App. B, Art. II, § 561.01 et seq. Ch. 3 36-8 563.01 3-1 App. B, Art. II, § 564.01 3-1 36-15 565.01 3-1 App. B, Art. IV, § 633.35 2-159 36-27 ch. 650 Ch. 2, Art. V, Div 2 Supp. No. 17 2819 NORTH PALM BEACH CODE l Section. Section this Code 2-136 650.02 2-136 ch. 760 App. C, § 45-2 ch. 847 App. C, § 45-20 870.041-870.048 8-16 872.05 2-104 943.14 2-159 943.25(13) 1-9 [The next page is 2869] Supp. No. 17 2820 I f CODE COMPARATIVE TABLE 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(NXl) 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 1-4 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 45-311(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 _y__~_ _ _Y_ ~-.~._ 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 33-37 7-10-97 1 App. C, § 45-16 35-9? 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. 17 2885 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), (fl 8 Rpld 9-22 5-99 1-28-99 1 2-43(bXl) 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) ' [The next page is 2933] Supp. No. 17 2886 CODE IloTDEX 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 and equipment 5-36, 5-37 19-219 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 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 NORTH PALM BEACH CODE --- Section Section ANIMALS AND FOWL (Cont'dJ APPEARANCE PLAN (Appendix A) (Cont'd.) 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---Section citations contained herein BATHING refer to section citations found within Appendix A) Diseased persons prohibited from bathing Administration . V ~ public pools, etc................. 19-3 Areas of jurisdiction III BICYCLES Basis I Criteria for appearance Park regulations . 20-6 Building and site to adjoining area, re- Subdivisions, required improvements. re lationship of 1V(B) bikeways.......................... 36-29.1 Building design IV(D) BILLBOARDS. See: SIGNS AND BILL- Buildings to site, relationship of....... 1V(A) BOARDS Evaluation, factors for IV(H) Landscape and site treatment......... ~(C) BIRDS. See: ANIMALS AND FOWL Maintenance-planning and design fac- tors lV(G) BLOCKS Miscellaneous structures and street hard- Subdivision design standards 36-18 ware IV(F) Signs IV(E) BOARDS, COMMITTEES AND COMMIS- Definitions VIII SIGNS. 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 I i f CODE INDEX Section Section BOATS, DOCKS AND WATERWAYS (Cont'd.) BOATS, DOCKS AND WATERWAYS (Cont'd.) Anchoring and mooring Variances 5-86 Limitation on anchoring and mooring in Erosion control structures prohibited area; mooring permit Construction 5-95 required 5-17 Control 5-96 Unlawfully anchored or moored vessels Definitions 5-93 Claiming of vessel by owner; payment Permitted, when 5-94 of costs 5-22 Piers. See within this subheading. Docks Department of public safety to im- and Piers pound 5-18 Seawalls. See within this subheading: Owner to be notified upon impound- Bulkheads and Seawalls went 5-19 Definitions 5-1 Procedure in event owner cannot be Disturbing other boats 5-6 found . 5-20 Exhibition boats exempted from certain Reclamation of owner after sale..... 5-23 restrictions 5-4 Unclaimed vessel to be sold; certifica- Flood damage prevention provisions...... 12.5-1 et seq. tion of sale 5-21 See: FLOOD DAMAGE PREVENTION Use of vessel for dwelling purposes in Health and sanitation requirements prohibited area 5-24 Cleanliness of docks.................. 5-11 Authority of city to board boats violating Observance of village health and con- provisions 5-16 duct rules....................... 5-10 Boat launching area Pollution of waterways 5-13 Abandoned boats and equipment Refuse disposal 5-12 Disposition 5-36 Living aboard boats restricted 5-15 Recovery 5-37 Marine sanctuaries Designated; use restricted 5-33 Designation of waters as marine sanetu- Permits required 5-35 cries Repairs prohibited 5-34 Area to be regulated 5-101(c) Bulkhead lines 7-1 et seq. Areas designated 5-101(b) See: BULKHEAD LINES Construction of provision 5-101(d) Coastal construction code 6-151 et seq. Definition 5-101(a) See: COASTAL CONSTRUCTION CODE Mooring, docking, or beaching of boats on Code enforcement board, applicability re.. 2-173 public or private property without Construction requirements permission 5-9 Bulkheads and seawalls Parking Compliance with provisions required 5-69 Boating equipment; parking on residen- Inspection required 5-73 tial property restricted........... 18-35 Permit fee 5-72 Prohibited parking for vehicle, trailer or Specifications 5-71 boat upon paved or unpaved area Submission of plans and specifica- of the road right-of--way of specific tions 5-70 roadways....................... 18-34.1 Canals Running engines, hours in residential dis- Canal crossings... 5-60 tricts.............................. 5-14 Compliance with provisions required 5-56 Searchlights, use of 5-7 Drainage canals 5-59 Speed limits; wakes..................... 5-2 General requirements 5-57 Subdivision provisions re waterways 36-22 et seq. Navigation canals 5-58 See: SUBDIVISIONS (Appendix B) Surety bond prerequisite to issuance Swimming in restricted waters 5-3 of building permit in certain Water skiing 5-5 cases 5-61 Docks and piers BOISTEROUS CONDUCT Construction in waters other than Noisy and boisterous 19-106 Lake Worth and Atlantic Ocean, regulations governing 5-84 BONDS Definitions 5-81 Administrative code; bonds required of cer- Generally 5-82 tain officers 2-42 Lake Worth and Atlantic Ocean, reg- Canal construction; surety bond prerequi- ulations governing construction site to issuance of building permit... 5-61 in 5-85 Finance director, duties re............... 2-59(7) Minimum design requirements...... 5-83 Treasure's duties re proceeds of bonds 2-51(5) Supp. No, 17 2937 NORTH PALM BEACH CODE Section Section BONDS (Cont'd.) BUILDINGS (Cont'd.) Village manager 2-117 Obstructing passageway................. 19-47 Outdoor displays. See herein: Signs. and BRUSH. See: WEEDS AND BRUSH Outdoor Displays - Park and recreation facilities; erecting build- BUILDINGS ings or structures 20-3 Appearance code Public land, construction on prohibited 6-1 Appeals and review . 6-35 Public services department; division of per- Appearance plan 6-33 mits and inspections............... 2-85(1) Certificate of appropriateness Signs and outdoors displays 6-111 et seq. Final hearings 6-57 See: SIGNS AND BILLBOARDS Follow-up by building. inspector 6-60 Smoke, dust, odors, liquids, etc........... 19-9 Planning commission Spitting in public. places. prohibited........ 19-5 Action of 6-58 Stormwater management; level of finished Approval by 6-59 floor of structures.................. 21-63 Preliminary consideration 6-56 Subdivision regulations 36-1 et seq. Definition 6-31 See: SUBDIVISIONS (Appendix B) .Intent and purposes 6-32 Swimming pools 25-1 et seq. Planning commission, powers and du- See: SWIMMING POOLS ties re 6-36 Zoning regulations...................... 45-1 et seq. Short title 6-30 See: ZONING (Appendix C) Appearance. plan (Appendix A). See that subject BULKHEAD LINES Coastal construction code 6-151 et seq. Code enforcement board, applicability re.. 2-173 See: COASTAL CONSTRUCTION CODE Established; designated . 7-1 Code enforcement board, applicability re.. 2-173 Filling operation beyond bulkhead line pro- Codes hibited....... 7-2 Appearance code. See herein that sub- Filling permit ject Application fees.. 7-19 Building code 6-17 Application; issuance 7-18 Coastal construction code 6-151 et seq. Expiration date; renewal; revocation 7-20 Electrical code 11-11, 11-12 Public hearing prerequisite to consider- Energy efficiency building code........ 6-150 ation 7-17 Fire prevention code 12-16, 12-17 Required............................. 7-16 Gas code 6-17 Unlawful fill;removal................... 7-3 Housing code 15-1, 15-2 BULKHEADS Mechanical cods 6-17 Bulkheads and seawalls, construction re- Plumbing code 6-17 quirements re 5-69 et seq. Standard building and construction codes See: BOATS, DOCKS AND WATER- adopted 6-17 WAYS Country club 9-1 et seq. See: COUNTRY CLUB BUSINESS REGULATIONS Electrical code 11-11, 11-12 Ambulances 17-50, 17-51 Energy efficiency building code Businesses located outside village limits Adopted by reference 6-150 Application for certificate of regulation. 17-34.2 Fire district 6-3 Certificate of business regulation re- Flood damage prevention 12.5-1 et seq. quired; basis bf one year 17-34 See: FLOOD DAMAGE PREVENTION Commercial vehicles, marking of , 17-34.13 Handicapped persons Compliance by principal deemed compli- Accessibility to buildings; state law ante by agent 17-34.8 adopted 6-2 Delinquency penalty.................. 17-34.4 Housing code 15-1, 15-2 Doing business not covered by certifi- Landscaping 27-31 et seq. cate of regulation................ 17.34-7 See: LANDSCAPING Duplicate certificates of regulation..... 17-34.6 Minimum construction standards Duration 17-34.3 Authority 6-16 False statements Codes adopted 6-17 Certificate obtained void ab initio 17-34.7 Violations and penalty 6-19 Engaging in business without certifi- Missiles, throwing 19-$3 cate of regulation or under cer- Noise from building . 19-102 tificate issued on.............. ' 17-34.11 Supp. No. 17 2938 4 1 CODE INDEX Section Section BUSINESS REGULATIONS (Cont'dJ CIVIL DISORDERS AND DISTURBANCES Fee exemptions 17-34.10 Mayor designated local authority for gres- Fee schedule 17-34.12 ervation of public peace 8-16 Half-year certificate 17-34.3 CLERK Issuance of certificate 17-34.3 Noncompliance of principal............ 17-34.8 Department of records, provisions re vil- Nonprofit enterprise, special permit for 17-34.5 lage clerk and deputy village clerk 2-67 et seq. Refund of fee 17-34.9 See: DOCUMENTS AND PUBLIC Registration required 17-34.1 RECORDS Renewal 17-34.4 CLUBS Suspension or revocation of certificate . 17-34.9 Country club 9-1 et seq. When due and payable 17-34.3 See: COUNTRY CLUB Garage and other sales 17-61 et seq. See: GARAGE AND OTHER SALES COASTAL CONSTRUCTION CODE Home occupations 17-2(a) et seq. Coastal construction requirements See: HOME OCCUPATIONS Location of construction 6-155(4) Occupational licenses 17-16 et seq. Major structures, structural require- See: LICENSES AND PERMIT ments for 6-155(1) Wellfield protection Minor structures, structural require- Regulation of business activities with ments for 6-155(3) potential to contaminate land and Nonhabitable major structures, struc- water resources 19-221 turalrequirements for........... 6-155(2) Zoning Public access 6-155(5) Location of business for retail sales of Definitions 6-154 alcoholic beverages 45-20(2), 45- Flood damage prevention................. 12.5-1 et seq. 36.N See: FLOOD DAMAGE PREVENTION C-3 Regional Business District...... 45-34.1(9) Purpose . 6-152 References 6-156 Scope C Applicability 6-153(a) Exceptions 6-153(b) CABLE TELEVISION. See: TELEVISION Permits, application for 6-153(c) Title 6-151 CAMPING Recreational, boating and camping equip- CODE ENFORCEMENT BOARD went; parking on residential property Alarm regulations, enforcement re 19-217 restricted 18-35 Applicability....................:....... 2-173 Declaration of legislative intent.......... 2-171 CANALS Definitions 2-172 Construction requirements 5-56 et seq. Enforcement procedure.................. 2-175 See: BOATS, DOCKS AND WATER- Fines; liens WAYS APPeals 2-180 . Copies of orders imposing fines........ 2-178{d) CATS Determination of amount of fine....... 2-178(b) Regulations enumerated 4-24 et seq. Duration of lien 2-179 See: ANIMALS AND FOWL Generally 2-178(a) CERTIFICATES Notices 2-181 Reduction of fine . 2-178(c) Appearance code; certificate of appropriate- Hearing, conduct of . 2-176 ness 6-56 et seq. Organization See: BUILDINGS Attorney 2-174(c) Boats, docks and waterways; unlawfully Officers; quorum; compensation 2-174(b) anchored or moored vessels Qualifications and term 2-174(a) Unclaimed vessel to be sold; certifies- Powers 2-177 tion of sale 5-21 Businesses located outside village limits, CODE OF ORDINANCES* certificate of business regulations re. 17-34 et seq. Altering Code 1-7 See: BUSINESS REGULATIONS Emergency medical services 11.5-21 *Note-The adoption, amendment, repeal, omissions, effec- Historic site overlay district; certificate of tive date, explanation of numbering system and other matters appropriateness 45-37(H) pertaining to the use, construction and intzrpretation of this Supp. No. 17 2939 NORTH PALM BEACH CODE Section Section CODE OF ORDINANCES (ConfdJ COUNTRY CLUB (Confd.) Amendments 1-6 Premises Catchlines . . . 1-3 Disfiguration and/or removal of building Court cost or other property 9-1(1) Assessment of additional court costs for Enforcement 9-2 criminal justice education expendi- Hours 9-1(2) tares 1-9 Signs.... 9-2 Definitions and rules of construction 1-2 Violations and penalties 9-2 Designated and cited . 1-1 COUNTY References to chapters or sections......... 1-3 Repeal of ordinances, effect of............ 1-4 Definitions and rules of construction 1-2 Severability of parts 1-5 COURTS Village clerk, duties re recording. ordi- Court cost nances . 2-67(3} Assessment of additional court costs for Violations and penalty . 1-8 criminal justice education expendi- COIN-OPERATED AMUSEMENTS tares 1-9 Proximity to schools restricted........... 19-4 D COMBAT AUTO THEFT (CAT1 Establishment, regulations 18-19 DECALS Combat Auto Theft (CAT) 18-19 COMMITTEES, COMMISSIONS. See: DE- DEPARTMENTS AND OTHER AGENCIES PARTMENTS AND OTHERAGENCIES OF VILLAGE OF VILLAGE Administrative code 2-39 et seq, COMMUNICATIONS See: ADMINISTRATIVE CODE Telecommunications service tax........... 26-51 et seq. Appearance board. See: APPEARANCE See: TAXATION PLAN (Appendix A) Code enforcement board 2-171 et seq. COMPUTATION OF TIME Committees and boards generally; resi- Definitions and rules of construction 1-2 dency requirements 2-1 CONCURRENCY MANAGEMENT Country club advisory board 9-16 et seq. Provisions enumerated See:. COUNTRY CLUB- 21-41 et seq. Finance, department o£ 2-59 See: PLANNIPdGAND DEVELOPMENT See: FINANCES CONTRACTS AND AGREEMENTS Fire and police retirement board of trust- Finance director, duties re contracts...... 2-59(3), (7) ees . 2-164 et seq, See: PENSIONS AND RETIREMENT COUNCIL. See: VILLAGE COUNCIL Fire division 12-29 et seq. See: FIRE PREVENTION AND PRO- COUNTRY CLUB TECTION Advisory board General employees retirement board 2-151 et seq. Compensation 9-19 See: PENSIONS AND RETIREMENT Composition 9-17(a) Library board 16-16 et seq. Created 9-16 Library, department of 2-93 Duties Meetings of boards and commissions; ad- Administrator 9-21(b) journment of 2-3 Budget 9-21{d) Meetings of specific boards, etc. See spe- Management and administration.... 9-21(a) cific subjects Village employees 9-21(c) Planning and development board of adjust- Meetings 9-20 went.............. 21-21 Officers' quorum 9-19 Planning commission..................... 21-11, 21-12 Removal 9-18 Public safety, department of 2-75, 2-76 Terms 9-17(b) See: PUBLIC SAFETY DEPARTMENT Vacancies 9-17(c) Public services, department of 2-84, 2-85 Finances See: PUBLIC SERVICES DEPART- - Delinquent accounts; penalties 9-32 MENT Records, department of 2-67 et seq. Code are contained in the adopting ordinance and preface See: DOCUMENT AND PUBLIC 1 which are to be found in the preliminary pages of this volume. RECORDS Sapp. No. 17 2940 i CODE INDEX Section Section DEPARTMENTS AND OTHER AGENCIES DRAINAGE (Cont'dJ OF VILLAGE (Cont'd.) Subdivision design standards re easements Recreation department 2-110 and rights-of-way.................. 36-22(b) Recreation advisory board 20-61 et seq. Zoning; surface water management See: PARKS, PLAYGROUNDS AND C-3 Regional Business District 45-34.1(8) RECREATION Reserve .police force 23-42 et seq. DROUGHT See: POLICE Water shortage emergencies 19-200 et seq. Treasury department of 2-51 See: WATER SHORTAGE EMERGEN- See: TREASURY DEPARTMENT CIES Village council 2-16 et seq. DEVELOPMENTS. See: PLANNINGAND DE- E VELOPMENT DISABLED AND HANDICAPPED PERSONS ELECTIONS Ballots Applicability of dog prohibitions to -guide Direction for preparation 10-8 and service .dogs 4-27(d) public measure........................ 10-10 Buildings Accessibility to handicapped persons; Specifications; general and runoff elec- tions 10-9 state law adopted 6-2 Parking violations re handicap spaces 18-37 Candidacy Candidates for office; qualifying 10-5 DISTRICTS Preservation of notice of candidacy 10-6 Fire districts 6-3 Clerks. See herein: Inspectors and Clerk Zoning regulations 45-16 et seq. General elections, notice of 10-3 See: ZONING (Appendix C) Inspectors and clerk Appointment 10-58 DISTURBANCES. See: CIVIL DISORDERS Compensation 10-61 AND DISTURBANCES Filling vacancy 10-60 DOCKS. See: BOATS, DOCKS AND WATER- Good order, duty to maintain and report WAYS violations 10-62 Instruction prior to election 10-64 DOCUMENTS AND PUBLIC RECORDS Oath required 10-59 Department of records Organization 10-63 Deputy village clerk Polling place Appointment 2-68 Designated........................... 10-76 Duties 2-69 Policeman to be present............... 10-77 Village clerk; duties Protest of election returns; inspection by Election records, keeping........... 2-67(5) canvassing board 10-12 Expiration of term, notice of 2-g7(7) Special elections Official seal, keeping... 2-67(8) Notice of............................. 10-4 Record ordinances 2-67(3) When held........................... 10-2 Village council State laws Keep records of council 2-67(2) Applicable state laws adopted 10-1 Public council action 2-67(4) Voting machines may be used; state law Serve as clerk of council 2-67(1) applicable . 10-7 Vital statistics, keeping 2-67(6) Village clerk, duties re keeping election Police division, duties re records......... 2-76(b)(1) records 2-67(5) Treasurer's duties re examination of depart- Village council to constitute canvassing mental books 2-51(2) board 10-11 Village clerk and deputy village clerk. See Voting machines may be used; state law herein: Department of Records applicable . 10-7 DOGS ELECTRICAL CODE Regulations enumerated 4-24 et seq. Amendments, corrections, additions ~ 11-12 See: ANIMALS AND FOWL Code and county amendments adopted 11-11 Code enforcement board, applicability re.. 2-173 DRAINAGE Stormwater management 21-61 et seq. ELECTRICITY See: STORMWATER MANAGEMENT Swimming pools; electrical equipment 25-8 Supp. No. 17 2941 NORTH PALM BEACH CODE ~ " Section Section ELECTRONIC AUDIO EQUIPMENT FINANCES (Contd.) Noise control 19-104 Court cost Assessment. of additional court costs for EMERGENCIES criminal justice education expendi- Ambulances 17-50, 17-51 tures........................... 1-9 Civil disorders and disturbances- Department of finance Mayor designated local authority for pres- Finance director; duties ervation of public peace.......... 8-16 Audit accounts 2-59(1) Emergency medical services Budget duties . 2-59(4) Fees Certify contracts 2-59(3) Billing and collection 11.5-23 Custodian of bonds, contracts, etc... 2-59(7) Establishment 11.5-22 Financial statements............... 2-59(5) Generally 11.5-21 Keep accounts..................... 2-59(6) Fire division 12-29 et seq. Prescribe form....................... 2-59(2) See: FIRE PREVENTION AND PRO- Investments TECTION Allowable investment activity for village Water shortage emergencies 19-200 et seq. funds. 2-4 See: WATER SHORTAGE EMERGEN- Pensions and retirement. See also that CIES subject Length of service award plan for volun- EMPLOYEES. See: OFFICERS AND EM- teer firefighters 2-170 et seq. PLOYEES Pension and certain other benefits for fire and police employees 2-159 et seq. ENCLOSURES. See: FENCES, WALLS, Pension and certain. other benefits for HEDGES AND ENCLOSURES general employees.. 2-146: et seq.. Planning and development; filing. fees and ENERGY EFFICIENCY BUILDING CODE cost for changes 21-1, 21-2 Adopted by reference 6-150 Social security.......................... 2-136 et seq. ENGINE EXHAUST See: SOCIAL SECURITY Taxation. See that subject Noise control policy 19-108 Treasury, department of 2-51 See:. TREASURY DEPARTMENT ERO SION CONTROL STRUCTURES Village manager 2-118 Construction regulations 5-93 et seq. See: BOATS, DOCKS AND WATER- FINES, FORFEITURES AND OTHER PEN- WAYS ALTIES Code enforcement board; fines and liens 2-178 EXCAVATIONS Code of ordinances, provisions re general Bulkhead lines 7-1 et seq. penalty and continuing violations 1-8 See: BULKHEAD LINES Parking violation 18-37, 18-38 Stormwater management 21-61 et seq. Pension and certain other benefits for fire See: STORMWATER MANAGEMENT and police employees Street excavations 24-16 et seq. Board of trustees for; forfeiture of mem- See: STREETS, SIDEWALKSANDPUB- bership on board for absenteeism . 2-164(b) LIC PLACES Contributions; forfeitures 2-163(d) EXCRETA FIRE DISTRICT Dog waste, removal provisions re 4-31, 4-32 Property within village designated 6-3 FIRE PREVENTION AND PROTECTION F Code enforcement board, applicability re.. 2-173 Department of public safety, provisions re FENCES, WALLS, HEDGES AND ENCLO- fire division 2-76(c) SURES See: PUBLIC SAFETY DEPARTMENT Landscaping . 27-31 et seq. Fire division See: LANDSCAPING Composition 12-30 Swimming pool requirements.............. 25-37, 25-38 Created;functions 12-29 Emergency medical technician volun- FINANCES teers 12-32 Budget procedures 2-2 Equipment Country club, provisions re 9-21(d), 9-32 Acquisition 12-52 Supp. No. 17 2942 I i CODE INDEX Section Section FIRE PREVENTION AND PROTECTION FLOOD DAMAGE PREVENTION (Cont'd.) (Cont'd.) Flood hazard reduction provisions Fire alarm system 12-53 Coastal high hazard azeas 12.5-44 Generally 12-51 General standazds Housing 12-54 Anchoring......................... 12.5-41(1) Private use of equipment 12-55 Construction materials and methods 12.5-41(2) Tampering with equipment 12-56 Enclosures below lowest floor 12.5-41(6) Impersonating fireman 19-8 Mechanical and utility equipment... 12.5-41(5) Motor equipment and members' cars des- Subdivision proposals 12.5-41(4) ignated emergency vehicles 12-31 Utilities 12.5-41(3) Personnel Regulatory floodways 12.5-43 Badges 12-41 Sand dunes and mangrove stands 12.5-45 Car insignia 12-42 Specific standards Other officers accountable to chief... 12-39 Nonresidential construction......... 12.5-42(2) Police assistance 12-43 Residential construction............ 12.5-42(1) Interpretation 12.5-9 Special police powers 12-40 Volunteer firefighters, length of service Lands to which provisions applies........ 12.5-6 award plan for 2-170 et seq. Methods of reducing flood losses . , 12.5-4 See: PENSIONS AND RETIREMENT Noncompliance, penalties for 12.5-11 Fire prevention code Statement of purpose and objectives...... 12.5-3 Adopted by reference 12-16 Statutory authorization 12.5-1 Variance procedure 12.5-24 Amendments 12-17 Hazardous substances, cost recovery for FLORIDA, STATE OF. See: STATE cleanup, abatement and removal of FOLLOWING, PRECEDING Authority of public safety department.. 12-102 Cost reimbursement to village....., , , . , 12-103 Definitions and rules of construction 1-2 Definitions 12-101 FORFEITCRES. See: FINES, FORFEITURES Exceptions for fire suppression services 12-105 AND OTHER PENALTIES Late fee for failure to reimbursement 12-106 Records 12-104 FOWL. See: ANIMALS AND FOWL Remedies 12-107 FRANCHISES Pension and certain other benefits for fire Enumerated. See Appendix D and police employees _ 2-159 et seq. Use of rights-of--way for utilities.......... 28-1 et seq. See: PENSIONS AND RETIREMENT See: UTILITIES FIREARMS AND WEAPONS Concealed weapons, carrying 19-184 G Forfeiture; disposition 19-186 GAMBLING Possession 19-183 Animals, causing to fight................ 4-8 Sales restricted GARAGE AND OTHER SALES Record of sales required 19-185(c) Specified weapons, display and sale of . 19-185(b) Garage sales 17-61 Switchblade knives prohibited......... 19-185(x) Permit required 17-62 Violations and penalties 17-63 Stench bombs prohibited 19-82 See: STENCH BOMBS GARBAGE AND TRASH Abandoned, inoperative and junked prop- FLOOD DAMAGE PREVENTION e~y Abrogation and greater restrictions 12.5-8 Definitions 14-37 Areas of special flood hazard Disposition of property 14-48 Basis for establishment 12.5-7 Hearing Warnings regarding designations 12.5-10 Procedure for hearing 14-45 " Building official Request for hearing 14-44 Designated as flood damage control ad- Impounded property, redemption of 14-51 ministrator 12.5-21 Liability of owner or occupant......... 14-52 Duties and responsibilities 12.5-23 Notices Definitions 12.5-5 Content of notice 14-42 Development permit Contents of public sale notice 14-49 Required 12.5-22 Notice of removal.................. 14-47 Findings of fact 12.5-2 Notice to remove................... 14-40 Supp. No. 17 2943 NORTH PALM BEACH CODE Section ~ Section GARBAGE AND TRASH (Confd:) HEALTH AND SANITATION (ConfdJ Procedure . . . . . . 14-41 Boats, docks, etc., provisions re 5-10 et seq.. Prima facie evidence of violation........ 14-39 See: BOATS, DOCKS AND WATER- Prohibited conditions; enumerated ems- WAYS ceptions . 14-38 Code enforcement board, applicability re.. 2-173 Public sale 14-50 Garbage and trash...................... 14-23 et seq. Removal of property from. premises 14-46 See: GARBAGE AND TRASH Responsibility for removal 14-43 Park and recreation facilities; failure to Boats; refuse disposal 5-12 cooperate in keeping restrooms neat Garbage collection and disposal or sanitary 20-2 Charges Rabies control . 4-42 et seq. Commercial use property waste dis- See: ANIMALS AND FOWL posal fees and collection proce~ Weeds and brush 14-79 et seq.. dares 14-30 See: WEEDS AND BRUSH Fee for excess amounts from commer- cial establishments 14-28 HEDGES. See: FENCES, WALLS, HEDGES Generally 14-27 AND ENCLOSURES. When and where paid 14-29 Definition 14-23 HITCHHIKING Frequency of collection................... 14-26 Prohibitions 19-6 Garbage cans Kept covered 14-25 HOME OCCUPATIONS Required 14-24 Definitions 17-2(b) Landscaping; refuse container areas...... 27-41 Effective date 17-2(i) Public. services department Occupational licenses. See also that subject Refuse disposal division 2-85(5) Generally......................_..... 17-16 et seq. Weeds and brush 14-79 et seq. Home occupation provisions See: WEEDS AND BRUSH Affidavit of applicant required 17-2(e) Appeals 17-2(g) GAS CODE Requirement of occupational license. 17-2(c) Standard codes adopted 6-17 Permitted uses, home occupations as 17-2(a) Repeal of ordinances 17-2(h) GATHERINGS. See: ASSEMBLIES Standards . . 17-2(d) GENDER V olation of standards or conditions deemed Definitions and rules of construction 1-2 a Code violation 17-2(f) GUNS, See: FIREARMS AND WEAPONS HORNS Noise control 19-103 1<i HOUSING HAI~TDBII.LS Boats, docks and waterways; anchoring and mooring Distribution restricted 19-7 Use of vessel for dwelling purposes in HANDGUNS. Seer FIREARMS AND WEAP- prohibited. area 5-24 ONS HOUSING CODE HANDICAPPED PERSONS. See: DISABLED Adopted by reference.. 15-1 AND HANDICAPPED PERSONS Amendments 15-2 Code enforcement board, applicability re.. 2-173 HAZARDOUS SUBSTANCES Recovery of costs for cleanup, abatement and removal 12-101 et seq. I See: FIRE PREVENTION AND PRO- TECTION IMPERSONATION Impersonating police officer; fireman or HEALTH AND SANITATION other village official 19-8 Animals and fowl, provisions re.......... 4-11 et seq. See: ANIMALS AND FOWL IMPOUNDMENT Bathing regulations. Abandoned, inoperative and junked prop- Diseased persons prohibited from bath- erty ing in public. pool, etc............ 19-3 Redemption of impounded property 14-51 Sapp. No. 17 2944 1 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 went 5-19, 5-20 Parking area interior landscaping 27-65 Dogs and cats 4-30 Perimeter landscaping relating to abut- INDECENCY AND OBSCENITY Ling properties 27-64 Adult entertainment establishments Plant material Zoning regulations re. See: ZONING (Ap- Ground covers 27-62(e) pendix C) Lawn grass 27-62(f) Topless costumes 19-64 Quality 27-62(a) Shrubs and hedges 27-62(c) Vulgarlanguage 19-65 Tree species....................... 27-62(b) Window peeping 19-66 Vmes 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 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 boazd 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 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 LICENSES AND PERMITS LICENSES AND PERMITS (Cont'dJ 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 azea; 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, SIDEWALKSAND PUB- 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 ofrights-of--way for utilities; written Home occupations. See also that subject permit 28-2, 28-3 Generally 17-16 et seq. 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 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 False statements MANGROVE STANDS 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- i 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- ~I 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 \ I i CODE INDEX Section Section MONTH NOISE (ConfdJ Definitions and rules of construction 1-2 Construction activity, permissible time for 19-111 Definitions 19-99 MONUMENTS Electronic audio equipment . 19-104 Subdivisions, required improvements re 36-27 Enforcement MOTOR VEHICLES AND TRAFFIC Authority 19-116 Ambulances 17-50, 17-51 Procedure All other noises 19-117(b) Businesses located outside village limits; marking of commercial vehicles 17-34.13 Motor vehicle noise enforcement, op- Combat Auto Theft (CAT) 18-19 erating....................... 19-117(a) Fire division, provisions re cars and desig- Engine exhaust 19-108 nated emergency vehicles........... 12-31 et seq. Exemptions 19-120 See: FIRE PREVENTION AND PRO- Fixed mechanical equipment 19-112 TECTION Horns and signal devices 19-103 Hitchhiking prohibited 19-6 Loading, unloading and unpacking 19-110 Junked vehicles Loudspeakers and devices for advertising. 19-105 Abandoned, inoperative and junked prop- Measurement procedure 19-113 erty 14-37 et seq. Musical instruments 19-104 See: GARBAGE AND TRASH Noise control measurement standards other Noise control policy, provisions re 19-103 et seq. than motor vehicle noise standards.. 19-118 See: NOISE Noise control policy 19-100 Occupational licenses; marking of commer- Periods of observation 19-114 cial vehicles 17-33.1 Radios................................. 19-104 Park regulations re traffic 20-5 Special permits excepted 19-119 Parking. See herein: Stopping, Standing Unnecessary, excessive or offensive noise and Parking Unlawful to make 19-101 Public safety department Vehicle defect or condition of load 19-109 Police division, provisions re traffic 2-76(b)(5) Voluntary compliance 19-115 Public services department NORTH PALM BEACH, VILLAGE OF. See: Division of signal service 2-85(3) VILLAGE Stopping, standing and parking Parking restricted 18-34 NUDITY Recreational, boating and camping equip- Topless costumes prohibited 19-64 went, and personal recreational use trailers; parking on residential prop- NUISANCES erty restricted 18-35 Abandoned, inoperative and junked prop- Signs, parking in violation of.......... 18-36 erty 14-37 et seq. Vehicle, trailer or boat parking prohib- See: GARBAGE AND TRASH ited upon paved or unpaved area of Animals creating nuisances 4-12 the road right-of--way of specific False alarms roadways 18-34.1 Excessive false alarms declared public Violations; fines nuisance 19-212 Handicap spaces 18-37 Rabid animals declared nuisance......... 4-42 Non-handicap spaces 18-38 Weeds and brush 14-79 et seq. Vehicular operation See: WEEDS AND BRUSH Speed limits NUMBER Generally 18-16 Definitions and rules of construction 1-2 Weight limitations on certain roads.... 18-18 MUSICAL INSTRUMENTS O Noise control 19-104 OATH, AFFIRMATION, SWEAR OR SWORN N Administrative code, provisions re oaths of office 2-41 NOISE Defmitions and rules of construction 1-2 Animal noises 19-107 Election inspectors and clerk; oath re- Buildings, premises or property quired 10-59 Noise from 19-102 General employees retirement board; oaths Code enforcement board, applicability re.. 2-173 of office 2-154 Conduct, noisy and boisterous 19-106 Reserve police force; oath required- 23-47 Supp. No. 17 2947 NORTH PALM BEACH CODE f Section Section 1 OBSCENITY. See: INDECENCY AND OB- P SCENITY PALM BEACH COUNTY. Seer COUNTY OBSTRUCTIONS -PARKING Passageways, obstructing 19-47 Landscaping, provisions re off-street park- 000UPATIONALLICENSES ing.••••••••••••••••••••••••••••••• 27-38,27-59 Regulations enumerated 17-16 et seq. et seq. See: LICENSES AND PERMITS See: LANDSCAPING Parks; designated parking areas 20-5(6) OFFENSES Stopping, standing. and parking..........: 18-34 et seq. Definitions 19-1 See: MOTOR VEHICLES AND TRAF- Enumerated 19-3 et seq. FIC See also specific offenses as indexed Zoning,. provisions re off-street parking 45-27 et seq. State misdemeanors adopted 19-2 See: ZONING (Appendix C? OFFICERS AND EMPLOYEES PARKS, PLAYGROUNDS AND RECREATION Administrative code.. 2-39 et seq. Alcoholic beverages See: ADMINISTRATPJE CODE Consumption on playgrounds and public Definitions and rules of construction 1-2 parks. 3-3 Elections. See also that subject Bicycles Generally 10-1 et seq. Operation in safe manner, etc.......... 20-6(2) Inspectors and clerk 1Or58 et seq. Operation prohibited in certain areas.. 20-6(1) Finance director 2-59 Buildings or structure, erecting 20-3 Impersonating village official 19-8 Department of recreation Librarian 2-93 Director's duties Mayor 2-18, 8-16 Conduct community activity 2-110(2) Pensions and retirement. See also that Supervise recreation .areas.......... 2-110(1) subject Ejectment of violators 20-8 Length of service award plan for volun- Enforcement of provisions, responsibility . 20-7 teer firefighters.. 2-170 et seq. Hours regulated 20-1 Pension and certain other benefits for Meetings and gatherings fire and police employees 2-159: et seq. Liability for loss or injury................ 20-23 Pension and certain other benefits for Permit general employees 2-146 et seq. Appeal from refusal to issue _ 20-35 Social security 2-136 et seq. Application 20-33 Public safety director 2-75 Form 20-32 Public services director 2-84 Issuance standards 20-34 Recreation director 2-110 Required 20-31 Social security 2-136 et seq. Revocation 20-36 See: SOCIAL SECURITY Rules and regulations, permittee bound Treasurer 2-51 by.............................. 20-22 Village clerk and deputy village clerk..... 2-67 et seq. Property used- to violate provisions, confis- See: DOCUMENTS AND PUBLIC cation of 20-9 RECORDS ~ Public services department Village manager 2-115 et seq. Division of parks 2-85(2) See: VILLAGE MANAGER Recreation advisory board Created 20-61 OFFICIAL-TIME Duties 20-66 Definitions and rules of construction 1-2 Meetings 20-65 Officers' quorum, compensation........ 20-64 OPEN SPACES. See: YARDS AND OPEN Removal 20-63 SPACES Terms 20-62(b) OR, AND Vacancies 20-62(c) Definitions and. rules of construction...... 1-2 Restrooms, failure to cooperate in keeping neat or sanitary 20-2 ORDINANCES. See: CODE OF ORDI- Traffic NANCES Enforcement of traffic regulations 20-5(2) Operation confined to roads 20-5(5) OWNER Parking areas designated 20-5(6) Definitions and rules of construction 1-2 Signs 20-5(3) Sapp. No. 17 2948 1 CODE INDEX Section Section PARKS, PLAYGROUNDSAND RECREATION PENSIONS AND RETIREMENT (Cont'dJ (Cont'dJ Buy-back of previous service........ 2-160(d) Speed of vehicles 20-5(4) Changes in designation of beneficiary 2-160(c) State motor vehicle laws 20-5(1) Conditions of eligibility............. 2-160(a) Trees Nonassignability 2-169(b) Climbing trees, etc 20-4 Number and gender 2-169(e) Use by public only 20-1 Optional forms of benefits............. 2-162 Pension validity 2-169(c) PENALTIES. See: FINES, FORFEITURES Repeal or termination of plan , 2-168 AND OTHER PENALTIES Tax on insurers 2-167 Pension and certain other benefits for gen- PENSIONS AIVD RETIREMENT eral employees Length of service award plan for volunteer Benefit amounts and eligibility firefighters Direct transfers of eligible rollover Benefit formula . _ 2-170.6 distribution 2-157 Contact person 2-170.10 Early retirement................... 2-148(d) Effective date 2-170.3 Late retirement.................... 2-148(c) Eligibility 2-170.4 preretirement death 2-148(e) Entitlement age 2-170.5 Retirement benefit................. 2-148(b) Plan, name of 2-170.2 Retirement date 2-148(a) Point system 2-170.11 Termination of employment......... 2-148(f) preretirement death benefit........... 2-170.7 Benefit plan, optional Purpose 2-170 Applicability to employees.......... 2-158(a) Sponsor, name of 2-170.1 Member contributions Trustee and contact person............ 2-170.10 2-158(d)(1) Vesting provisions, schedule of 2-170.8 Amount . Village contributions 2-170.9 Duration........................ 2-158(d)(2) Pension and certain other benefits for fire Guaranteed refund 2-158(d)(4) and police employees Interest 2-158(d)(3) Benefit amounts Retirement benefit 2-158(c) Cost of living..._ 2-161(g) Retirement date 2-158(b) Disability retirement........._..... 2-161(e) Definitions 2-146 Early retirement 2-161(b) Discharged members 2-156(a) Formula 2-161(c) Incompetents 2-156(d) Limitation on 2-161(h) Membership Normal retirement benefit.......... 2-161(a) Application for membership 2-147(b) preretirement death 2-161(d) Change in designation of beneficiary 2-147(c) Termination benefits and vesting.... 2-161(f) Conditions of eligibility......, 2-147(a) Board of trustees Nonassignability 2-156(b) Bring and defend lawsuits Normal and optional forms of benefits . 2-149 Powers 2-164(e) Pension validity.........:............ 2-156(c) Composition 2-164(a) Repeal or termination of system 2-155 Forfeiture of membership on board Retirement board for absenteeism 2-164(b) Additional rules and regulations au- Meetings 2-164(d) thorized...................... 2-152 Power and authority 2-166 Established........................ 2-151 Reports and records 2-164(c) Investing funds; custodian of securi- Contributions ties 2-153 Employer 2-163(c) Oaths of office; meetin gs; quorum 2-154 Forfeitures 2-163(d) Social security.......................... 2-136 et seq. Member 2-163(a) See: SOCIAL SECURITY State 2-163(b) Volunteer firefighters, length of service Definitions 2-159 award plan for. See herein: Length of Direct transfers of eligible rollover dis- Service Award Plan for Volunteer tribution 2-170 Firefighters Discharged members 2-169(a) Incompetents 2-169(d) PERMITS. See: LICENSES AND PERMITS Insurers, tax on 2-167 Membership PERSON Application for membership 2-160(b) Definitions and rules of construction 1-2 Supp. No. 17 2949 NORTH PALM BEACH CODE Section Section PIERS PLANNING AND DEVELOPMENT {Cont'dJ Docks and piers,. construction require- Stormwater management................. 21-61 et seq. ments re 5-81 et seq. See: STORMWATER MANAGEMENT See: BOATS, DOCKS AND WATER- Subdivision regulations 36-1 et seq. WAYS See: SUBDIVISIONS (Appendix. B) Zoning regulations 45-1 et seq. PLANNING AND DEVELOPMENT See: ZONING (Appendix C) Appearance plan (Appendix A). See that subject PLANNING COMMISSION Archaeological site protection regulations. 21-101 et seq. Composition; conduct generally See: ARCHAEOLOGICAL. SITE PRO- Created 21-11(a) TECTION Meetings 21-11(c) Board of adjustment Membership 21-11(b) Composition; conduct generally Powers and duties 21-11(d) Administrative orders,. review of 21-21(d) Zoning ordinances, changes to 21-12 Created 21-21(a) Decision of administrative official, ap- PLATS.. See: SURVEYS, MAPS AND PLATS peals to board from 21-21(e) PLAYGROUNDS. See: PARKS, PLAY- Hearing of appeals 21-21(g) GROUNDS AND RECREATION Judicial. review of decisions of board. 21-21(h) Membership; terms; alternate; coin- PLUMBING CODE pensation 21-21(b) Standard codes adopted.................. 6-17 Powers and duties 21-21(c) Stay of work and proceedings on ap- POLICE Beal 21-21(f) Court cost Comprehensive plan Assessment of additional court costs for Adoption 21-O1 criminal justice education expendi- Filing fees and costs for changes tares 1-9 Enactment and authority........... 21-1(a) Department of public safety, provisions re ~ Fee; application 21-1(c) police division 2-76(b) Jurisdiction _ 21-1(b) See: PUBLIC SAFETY DEPARTMENT Planning commission, advise of , , . 21-1(d) Elections; policemen to be present at poll- Concurrency management ing place 10-77 Adequate public facilities available to Fire division, provisions re police assis- service development 21-45 tance 12-43 Application 21-42 Impersonating police officer 19-8 Definitions 21-44 Pension and certain other benefits for fire Intent and purpose and police employees 2-159 et seq. Comprehensive plan, implementa- See: PENSIONS AND RETIREMENT Lion of 21-43(a) Reserve force Management/monitoring and regular Application for membership , , 23-43 Cory program, establishment. of 21-43(b) Compensation 23-50 Minimum requirements............ 21-43(c) Created; purpose 23-42 Management and monitoring program Director of public safety, appointment to Amendments to CIE and annual bud- serve by 23-45 get, recommendations on 21-46(c) Oath required 23-47 Annual public facilities update report 21-46(b) Powers and duties...................... 23-48 Generally 21-46(a) Reserve list to be maintained 23-44 Regulatory program Resignation 23-46 Exemptions . 21-47(b) Uniforms and insignia 23-49 Generally 21-47(a) Public facility adequacy, review to de- POLLUTION termine 21-47(c) Smoke, dust, odors, liquids, etc........... 19-9 Short title 21-41 Stormwater management provisions re pol- Filing fees and costs for voluntary annex- lutant loads 21-67 ation of land Waterways, pollution of 5-13 Enactment and authority 21-2(a) Wellfield protection Fees: application 21-2(c) Regulation of business activities with Jurisdiction 21-2(b) potential to contaminate land and Planning commission, advice of........ 21-2(d) water resources 19-221 i Sapp. No. 17 2950 CODE INDEX Section Section PRECEDING, FOLLOWING Definitions and rules of construction 1-2 PROFANITY Vulgar language prohibited in public places 19-65 PROPERTY Abandoned, inoperative and junked prop- erty 14-37 et seq. See: GARBAGE AND TRASH Supp. No. 17 2950.1 i CODE INDEX Section Section TREASURY DEPARTMENT (ConfdJ VILLAGE COUNCIL (Cont'd.) Receive and disburse moneys.......... 2-51(8) Parliamentary rules 2-27 TREES AND SHRUBBERY Village clerk, duties re 2-67 Code enforcement board, applicability re.. 2-173 VILLAGE MANAGER Landscaping 27-31 et seq. Administrative code, provisions re 2-39 et seq. See: LANDSCAPING See: ADMINISTRATIVE CODE Missiles, throwing 19-83 Bond................................... 2-117 Parks and recreation facilities; climbing Budget 2-118 trees, etc 20-4 Budget procedures, duties re............. 2-2 Swale areas, trees in Removal 2-116 Definitions 27-16 Residency 2-115 Planting and removal; written approval required 27-17 VOYEURISM Scope 27-19 Window peeping prohibited.............. 19-66 Variety and location 27-18 W U WALLS. See: FENCES, WALLS, HEDGES UTILITIES AND ENCLOSURES Flood damage prevention provisions...... 12.5-41(3), (5) Franchises enumerated. See Appendix D WATER SHORTAGE EMERGENCIES Street construction work; cost of changing Application 19-201 or removal of public utilities 24-4 Definitions 19-200 Subdivision design standards re easements Enforcement and rights-of-way 36-22(a) Emergency power 19-204 Subdivisions, required improvements re 36-32 Generally 19-203 Telecommunications service tax 26-51 et seq. Implementation See: TAXATION Exemptions 19-202(b) Use of rights-of--way for utilities Permanent restrictions 19-202(a) Code enforcement board, applicability Sanitation, exception to maintain 19-205 re 2-173 Violations and penalties................. 19-206 Rules and regulations adopted 28-1 WATER SUPPLY AND DISTRIBUTION Written permit (franchise) Contents 28-3 Stormwater management...,............. 21-61 et seq. Required; term 28-2 See: STORMWATER MANAGEMENT Wellfield protection 19-220, 19-221 UTILITY TAX Zoning; C-3 Regional Business District Collection 26-30 Surface water management 45-34.1(8) Exemption 26-31 Levied; rate 26-29 WATERWAYS. See: BOATS, DOCKS AND WATERWAYS V WEAPONS. See: FIREARMS AND WEAP- ONS VILLAGE Definitions and rules of construction 1-2 WEEDS AND BRUSH VILLAGE COUNCIL Lien Compensation 2-16 Recorded statement of removal costs con- Definitions and rules of construction 1-2 stitutes lien; collection 14-83 Elections; village council to constitute can- Notice to destroy 14-80 vassing board 10-11 Owner to bear costs of removal 14-82 Meetings Prohibited over certain height 14-79 Ad'ournment of all meetin 2-19 Removal by village 14-81 J ~ Regular meetings WEEK Presiding officer 2-18 Definitions and rules of construction 1-2 When held 2-17 Rules of procedure. See herein that sub- WEIGHTS AND MEASURES ject Motor vehicle operation; weight limitations Rules of procedure on certain roads 18-18 Order of business 2-26 Noise measurement procedure 19-113 Supp. No. 17 2955 NORTH PALM BEACH CODE Section Section WELLFIELD PROTECTION Business activities with potential to con- - taminate land and water resources, regulation of 19-221 County wellfield protection ordinance adopted by reference 19-220 WRITTEN, IN WRITING Definitions and rules of construction 1-2 Y YARDS AND OPEN SPACES Landscaping 27-31 et seq. See: LANDSCAPING Zoning regulations 45-27 et seq. See: ZONING (Appendix C) YEAR Definitions and rules of construction 1-2 Z ZONING (Generally) Appearance glan (Appendix A). See that subject Code enforcement board, applicability re.. 2-173 Home occupations 17-2(a) et seq. See: HOME. OCCUPATIONS Landscaping; conflict with zoning ordi- Hance 27-39 Planning commission; changes to zoning ordinances 21-12 Subdivision regulations 36-1 et seq. See: SUBDIVISIONS (Appendix B) [The next page is 2965] Supp. No. 17 2956 I I i