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Pages Replaced by Supplement #17 ~~~s .~~tov~~ TABLE OF CONTENTS . Page Y ~~,~~- Officials of the Village iii ~u~~/~%~!C~~~ z 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. 16 xl NORTH PALM BEACH CODE Chapter Page Div. 3. Pension and Certain Other Benefits for Gen- eral Employees 142.3 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees 150 Div. 5. Length of Service Award Plan for Volunteer Firefighters 158 Art. VI. Code Enforcement Board 159 3. Alcoholic Beverages 211 4. Animals and Fowl 263 Art. I. In General 265 Art. II. Dogs and Cats 266 Art. III. Rabies Control 268 5. Boats, Docks and Waterways 319 Art. I. In General 321 Art. II. Boat Launching Area 325 Art. III. Construction Requirements 326 Div. 1. Generally 326 Div. 2. Canals 326 Div 3. Bulkheads and Seawalls 327 Div. 4. Docks and Piers 328 Div 5. Erosion Control Structures 332 Art. IV Marine Sanctuaries 333 6. Buildings and Building Regulations 381 Art. I. In General 383 Art. II. Minimum Construction Standards 383 Art. III. Appearance Code 384 Div. 1. Generally 384 Div. 2. Reserved 398.3 Div 3. Certificate of Appropriateness 398.3 Art. 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. Administrative Board 562 Art. III. Finances 563 10. Elections 615 Art. I. In General 617 I lJ I Supp. No. 16 xi1 Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on apage-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition. to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 1 137, 138 16 iii 1 138.1 16 v, vi OC 139, 140 OC vii, viii OC 141, 142 OC ix OC 142.1, 142.2 16 x.i, x.ii 1 143 16 x.iii 1 144.1, 144.2 12 xi, xii 16 144.3 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 12 9, 10 OC 156.1, 156.2 3 11, 12 OC 157, 158 10 13, 14 OC 159, ]:60 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. 16 [1] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 265, 266 OC 777 OC ' 267, 268 OC 779, 780 OC 269 OC 781, 782 OC 319 OC 783, 784 OC 321, 322 16 785, 786 OC 323, 324 16 787, 788 OC 325, 326 16 789 OC 327, 328 16 839 OC 329, 330 16 889 OC 331, 332 16 891, 892 15 333, 334 16 892.1 15 381 OC 893, 894 OC 383, 384 12 895, 896 OC 385 12 945 OC 398.3, 398.4 7 947, 948 3 398.5, 398.6 8 997 OC 398.7, 398.8 8 999, 1000 10 398.9, 398.10 14 1051 OC 398.11, 398.12 14 1053, 1054 9 398.12.1 14 1054.1, 1054.2 9 398.13, 398.14 8 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 15 559 OC 1175 15 561, 562 6 1225 OC 563, 564 14 1227, 1228 OC 615 OC 1229, 1230 OC 617, 618 OC 1231, 1232 OC 619, 620 6 1233, 1234 OC 671 2 1235, 1236 OC 673 13 1237,1238 16 695 13 1238.1 16 697 13 1239, 1240 6 723 2 1241 6 725, 726 13 1289 3 726.1 13 1291, 1292 OC 727, 728 5 1293, 1294 10 729 5 1343 4 Supp. No. 16 [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 14 2499, 2500 13 1631 14 2501,2502 15 1681 OC 2503, 2504 16 1683, 1684 OC 2504.1, 2504.2 16 1685, 1686 OC 2505, 2506 10 1687, 1688 OC 2507, 2508 13 1689, 1690 OC 2509, 2510 13 1739 14 2510.1, 2510.2 13 1741, 1742 13 2510.3, 2510.4 13 2043 OC 2510.5, 2510.6 15 2045, 2046 10 2510.7 15 2047, 2048 OC 2511, 2512 OC 2049, 2050 OC 2513, 2514. OC 2051, 2052 OC 2515, 2516 OC 2053 OC 2517, 2518 OC 2353 OC 2619 14 2355, 2356 OC 2819, 2820 14 2357, 2358 OC 2869, 2870 OC 2359, 2360 OC 2871 OC 2361, 2362 OC 2873 OC Supp. No. 16 [3] NORTH PALM BEACH CODE Page No. Supp. No. 2875, 2876 OC 2877, 2878 OC 2879, 2880 OC 2881, 2882 14 2883, 2884 14 2885, 2886 16 2933, 2934 OC 2935, 2936 13 2937, 2938 16 2939, 2940 16 2940.1 16 2941, 2942 14 2943, 2944 16 2945, 2946 16 2946.1 16 2947, 2948 15 2949, 2950 16 2951, 2952 16 2952.1 16 2953, 2954 14 2955, 2956 14 \ 2965, 2966 15 Jj 2967 15 Supp. No. 16 [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 parte communications; reation. (12) Ordinances; (5) Department of library, librarian. (13) Resolutions; (6) Department of country club, country club (14) Miscellaneous business; administrator. (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 village. session, shall enforce parliamentary rules for its (Code 1970, § 2-32; Ord. No. 1-75, § 4, 4-10-75; government so far as they are applicable to such Ord. No. 44-97, § 1, 10-9-97) legislative body. (Code 1970 § 2-19) Cross references-Country club, Ch. 9; library, Ch. 16; ~ 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. ADMINISTRATIVE 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) find it necessary to appoint). Supp. No. 16 137 § 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 The following named village officials shall each, United States, the Constitution of the State of before entering upon the duties of their respective Florida, and the Charter and Code of the Vil- offices, give a good and sufficient surety company lage of North Palm Beach; that I will faithfully, bond to the village, duly approved by the village honestly and impartially discharge my duties attorney, and conditioned upon the faithful per- as during my continu- formance and discharge of their respective duties, ante therein; that I am not directly or indi- and for the proper application and payment of all rectly pecuniarily interested in any public ser- money or property coming into their hands by vice corporation engaged in business in the virtue of their offices in the following amounts: Village of North Palm Beach, or in or with any (1) Village manager, two hundred thousand person or corporation having contracts with dollars ($200,000.00). said Village, so help me God. (2) Village treasurer, two hundred thousand dollars ($200,000.00). (3) Village clerk, ten thousand dollars Subscribed and sworn to before me this ($10,000.00). day of , 19 (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 ) Sec. 2-43. Policy and procedures. County of Palm Beach ) ss. (a) Officers. Each officer shall perform all du- Village of North Palm Beach ) ties required of his office by state law, the charter, the Code of the village, and such other duties not I, , do solemnly swear in conflict therewith as may be required by the that I will support the Constitution of the village manager. United States, the Constitution of the State of (b) Department heads. The heads of depart- Florida and the Charter and Code of the Vil- ments shall: lage of North Palm Beach; and that I will, to the best of my ability, faithfully perform the (1) Responsibility to administrator. The heads duties of the office of Public Safety Officer of departments other than the country during my continuance therein, so help me club shall be immediately responsible to God. the village manager for the effective ad- j ministration of their respective depart- ments and all activities assigned thereto, except as provided in section 2-40. The Supp. No. 16 138 ADMINISTRATION § 2-51 country club administrator shall be imme- be the duty of the treasurer to act to promote, diately responsible to the country club secure and preserve the fmancial and property administrative board for the effective ad- interests of the village. The treasurer shall: ministration of its department and all (1) Fiscal supervision over officers. Exercise activities assigned thereto. general supervision over all officers of the (2) Inaugurate sound practices. Keep in- village regarding the proper management formed as to the latest practices in their of the fiscal concerns of their respective particular field and shall inaugurate, with. offices. the approval of the village manager, such (2) Examine books. Examine the books of new practices as appear to be of benefit to each department, from time to time, and the service and to the public. see that they are kept in proper form. (3) Report to village manager. Submit monthly (3) Report delinquent payments and financial and annual reports of the activities of his reports. See that officers receiving money department to the village manager. pay the same into the village treasury, (4) Maintain records. Establish and maintain a system of filing and indexing records 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) Secs. 2-44-2-50. Reserved. DIVISION 2. DEPARTMENT OF TREASURY Sec. 2-51. Treasurer's duties. In all cases where the duty is not expressly charged to any other department or office, it shall Supp. No. 16 138.1 c ADMINISTRATION § 2-163 this option. A member may elect to receive the amount of employee contributions a larger pension up to the date he begins "picked-up" or paid by the village will be receiving social security benefits. The added to the amount distributed on a cur- member's pension benefits maybe reduced rent basis in order to determine total wages, or terminated after social security pay- salary, pay or compensation. In the event ments begin. The amount of reduction shall that the employer agrees to assume and be actuarially determined. pay member contributions in lieu of direct (4) Option 4-Other. In lieu of the other op- contributions by the member, such contri- tional forms enumerated in this section, butions shall accordingly be paid into the benefits may be paid in any form approved plan on behalf of the members. No member by the board so long as actuarial equiva- subject to such agreement shall have the lence with the benefits otherwise payable option of choosing to receive the contrib- is maintained. uted amounts directly instead of having (Ord. No. 9-82, § 4, 6-10-82; Ord. No. 1-92, § 4, them paid by the employer directly to the 2-13-92) -plan. All such contributions by the em- ployer shall be deemed and considered as part of the member's accumulated contri- Sec. 2-163. Contributions. butions and subject to all provisions of this (a) Member contributions. Plan pertaining to accumulated contribu- tions of members. The intent of this lan- (1) Amount. Members of the plan shall make guage is to comply with section 414(h)(2) of regular contributions to the fund at a rate the Internal Revenue Code. equal to two (2) percent of their respective (3) Interest. Interest shall be credited to mem- earnings. ber contributions as of September 30 of (2) Duration. The village shall pick-up, rather each year at a rate equal to the change in than deduct from each member's pay, be- the consumer price index,. published by the ginning with the date of employment, two U.S. Bureau of Labor Statistics, over the (2) percent of the member's basic compen- twelve-month- period ending on the previ- sation. The monies so picked-up shall be ous June 30. The maximum rate for any deposited in the fund- on a monthly basis. year shall be seven (7) percent and the An account record shall be maintained con- minimum rate shall be zero (0) percent. tinuously for each member. Pick-up contri- (4) Guaranteed refund. All benefits payable butions shall continue until death, disabil- under this plan are in lieu of a refund of ity or termination of service, whichever accumulated contributions. In any event, shall occur first. Contributions shall re- however, each member shall be guaranteed main in the fund unless withdrawn as the payment of benefits on his behalf at provided in the plan. No member shall least. equal in total .amount to his accumu- have the option to choose to receive the lated contributions. contributed amounts directly instead ofhav- ing them paid by the village directly to the (b) State contributions. Any monies received or plan. All such pick-up contributions by the receivable by reason of the laws of the State of village shall be deemed and be considered Florida for the express purpose of funding and as part of the member's accumulated con- paying for the benefits of police officers or firefight- tributions and subject to all provisions of ers shall be deposited in the fund within the time the plan pertaining to accumulated contri- prescribed by law. Such monies shall be for the butions of members. The intent of this sole and exclusive use of members or may be used provision is to comply with Section 414(h)(2) to pay extra benefits for members. of the Internal Revenue Code. For paying Social Security taxes, and for such other (c) Employer contributions. So long as this plan purposes except as specified in this plan, is in effect, the employer shall make contributions Supp. No. 12 155 i § 2-163 NORTH PALM BEACH CODE to the fund in an amount at least equal to the or hearings of the board. The trustees shall not i, difference in each year as between the aggregate receive any compensation as such, but may re- member and state contributions for the year and ceive expenses and per diem as provided by law. the total cost for the year as shown by the most recent actuarial valuation report for the system. (b) Forfeiture of membership on board for ab- ~ The total cost for any year shall be defined as the senteeism. In the event a member of the board shall fail to attend three (3) consecutive regular total of normal cost plus the additional amount meetings of the board; such member shall be sufficient to amortize the unfunded actuarial lia- bility in accordance with applicable laws of the State of Florida. The employer's contribution shall be deposited on at least a quarterly basis. (d) Forfeitures. Any forfeitures arising shall be applied to reduce future contributions to the plan. No forfeited amount shall be applied to change benefit amounts for members. (Ord. No. 9-82, § 5, 6-10-82; Ord. No. 23-86, § 1, 12-11-86; Ord. No. 1-92, § 5, 2-13-92; (}rd. No. 30-95, § 4, 10-12-95; Ord. No. 29-96, § 1, 7-25-96) dec. 2-164. Board of trustees-Generally. (a) Composition. The board of trustees shall consist of five (5) members: four (4) of whom shall be elected by a majority of the members of the plan. Two (2) of the elected members shall be certified firefighters of the village, and two (2) shall be certified police officers of the village. The fifth member of the board shall be a legal resident . of the village; and shall be .appointed _ by the village council. Each of the elected board mem- bers shall be appointed for a period of two (2) years, unless he sooner leaves the employment of the village or forfeits membership on the board, . whereupon a successor shall be elected by a majority of the members of the plan. Each of the elected board members may succeed himself in office. The resident member shall be trustee for a term of two (2) years unless he forfeits member- ship on the board, and he may succeed himself in office. The resident member shall hold office at the pleasure of the village council. The fifth member shall have the same rights as each of the other four (4) members appointed or elected as herein provided. The trustees shall by majority vote elect from its members a chairman and a secretary. The secretary of the board shall keep a complete minute book of the actions, proceedings, i Supp. No. 12 156 ADMINISTRATION - § 2-166 deemed to forfeit membership on the board and for administering the pension fund. The board shall, at the conclusion of the third such meeting, shall have the power and authority: no longer be a member of the board. Such indi- (1) To invest and reinvest the assets of the pen- vidual shall not thereafter be eligible for reap- lion fund in: pointment or election to the board for a period of two (2) years. Any absence maybe excused by the a. Time or savings accounts of a national board upon a showing that there existed justifi- bank, a state bank insured by the Fed- able reasons for the absence. eral Deposit Insurance Corporation, or a savings, building and loan associa- (c) Report and records. The secretary of the tion insured by the Federal Deposit In- board shall keep, or cause to be kept in conve- surance Corporation. nient form, such data as shall be necessary for an b. Obligations of the United States or ob- actuarial valuation of the assets and liabilities of ligations guaranteed as to principal and the system. The fiscal year- for the keeping of interest by the Government of the records and rendering reports shall be from Oc- United States. tober 1 through September 30. c. Bonds, stocks, or any other evidences of indebtedness issued or guaranteed (d) Board meetings. The board shall meet at by a corporation organized under the least quarterly each year. At any meeting of the laws of the United States, any state or board, three (3) trustees shall constitute a quorum. organized territory of the United Any and all acts and decisions shall be by at least States, or the District of Columbia, pro- three (3) members of the board; however, no trustee vided: shall take part in any action in connection with his or her own participation in the plan, and no I. The corporation is listed on any one unfair discrimination shall be shown to any indi- (1) or more of the recognized na- vidual participating in the plan. tional stock exchanges and holds a rating in one of the three (3) (e) Power to bring and defend lawsuits. The highest classifications by a major board shall be a Legal entity with, in addition to rating service; and other powers and responsibilities contained herein, 2. The board shall not invest more the power to bring and defend lawsuits of every than five (5) percent of its assets in kind, nature and description. The board shall be the common stock or capital stock independent of the village to the extent required of any one (1) issuing company, nor to accomplish the intent, requirements, and re- shall the aggregate investment in sponsibilities provided for in this article and ap- an one (1) issuin tom an ex- plicable law. e~ _4~. y g P Y teed five (5) percent of the out- (Ord. No. 9-82, § 6, 6-10-82; Ord. No. I4-87, § 1, standing capital stock of that com- 9-10-87; Ord. No. 1-92, § 6, 2-13-92) pany, nor shall. the aggregate of its investments in equities at cost exceed fifty (50) percent of the pen- Sec. 2.165. Reserved. sion fund's assets. Editor's note-Section 7 of Ord. No. 1-92, adopted Feb. 13, (2) To issue drafts upon the pension fund pur- 1992, repealed former § 2-165, relative to additional rules and regulations, which derived from Ord. No. 9.82, § 7, adopted suant to this article and rules and regula- June 10, 1982. tions prescribed by the board. All such drafts shall be consecutively numbered, be signed by the chairman and secretary or Sec. 2-I66. Same-Power and authority, their designee, and state upon their faces the purpose for which the drafts are drawn. The board shall be the administrator of the The village finance director or other depos- system and, as such, it shall be solely responsible itory of the village shall retain such drafts Supp. No. 3 ~ I56.I i § 2.166 NORTH PALM BEACH CODE .Y when paid, as permanent vouchers for dis- ance. All such policies shall be upon property bursements made, and no money shall be within the corporate .limits of the village. Such otherwise drawn from the pension fund. excise tax shall be in addition to any and all ex- (3) To finally decide all claims to relief under cise taxes or license now levied or required by the this article and under the board's .rules and village. regulations. (b) The proceeds of monies received under this (4) To convert into cash any securities of the excise tax shall be received annually from the pension fund. State of Florida by the village and shall be depos- (5) To keep a complete record of all receipts ited to the pension fund no more than five (5) days and disbursements and of the board's acts after receipt. ~I (Ord. No. 1-92, 9, 10, 2-13-92) and proceedings. Editor's note-Section 9 of Ord. No. 1-92, adopted Feb. 13, (6) To recommend an increase or decrease in 1992, repealed former § 2-167, and § 10 of the ordinance en- acted anew § 2.167 in lieu thereoi: The repealed provisions the benefits payable hereunder, through the pertained to oaths of office, meetings and quorums of the board, adaption of an amendment to this article, and derived from Ord. No. 9-82, § 9, adopted June 10, 1982. but provided such action is based on an ac- tuarial review by an enrolled actuary who is a member of the Society of Actuaries. Sec. 2-168. Repeal or terffiination of plan. ~ (7) To retain, at least once every three (3) years, (a) This plan and subsequent amendments per- an independent consultant professionally taming to said plan, may be modified, terminated, qualified to evaluate the performance ofpro- or amended, in whole or in part by the employer; fessional money managers. The indegen- provided that if this plan shall be amended or dent consultant shall make recommenda- repealed in its application to any person ben~- tions to the board regarding the selection of fiting hereunder, the .amount of benefits which at money managers for the next investment the time of any such alteration, amendment, or term. These recommendations shall becon- repeal shall have accrued to the member or ben- sidered by the board at its next regularly ef"iciary shall not be affected thereby, except to scheduled meeting. The date, time, place the extent that the assets of the fund may be de- and subject of this meeting shall be adver- termined to be inadequate. tised in a newspaper of general circulation in the municipality at least ten (10) days (b) If this plan shall be repealed, or if contribu- prior to the date of the hearing. tions to the plan are discontinued, the board shall (Ord. No. 9-82, § 8, 6-10-82; Ord. No, 12-85, 1, continue to administer the plan in accordance with 2, 7-11-85; Ord. No. 1-92, § 8, 2-13-92) the provisions of this ;plan, for the sole benefit of the then members, beneficiaries then receiving Sec. 2-167. T'ax on insurers. retirement allowances, and any persons who would in the future be entitled to receive benefits under (a) There is hereby levied and imposed an ex- one (1) of the options provided for in this plan who cise tax upon every insurance company, corpora- are designated by any of said members. In the tion or other insurer insuring loss against fire, event of repeal, or if contributions to the plan are tornado or windstorm or engaged in the business discontinued, there shall be full vesting one hun- of casualty insurance. Such excise tax shall be in died (100) percent of benefits accrued to date of an amount equal to the rate specified in Chapter repeal and the assets of the plan shall be allocated 175, Florida Statutes, multiplied by the gross re- in an equitable manner to provide benefits on a ceipts of premiums from holders of insurance pol- proportionate basis to the persons so entitled to icies of fire and windstorm insurance, and the rate benefits in accordance with the provisions hereof. specified in Chapter 185, Florida Statutes, multi- plied 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 r " supp. No. 3 156.2 ANIMALS AND FOWL § 4-29 license for each dog or cat from the county animal or dog training schools during the time said shows control. and training schools are being conducted, all of (b) Failure to have a dog or cat properly li- which must be within the confines of premises tensed shall result in an automatic fine of at least and areas set out in paragraphs (a) through (c) ten dollars ($10.00) for each separate offense. above. (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) 210-70, § l; Ord. No. 10-76, § 1, 6-10-76) Sec. 4-25. Collar and tag-Required. Sec. 4.28. Running at large. Every owner shall provide each dog and cat more . (a) Dogs on streets and sidewalks. No person than four (4) months of age kept, harbored or oth- owning or having.possession, charge, custody or erwise maintained by him in the village with a control of any dog shall cause, permit or allow the sturdy collar to which the license tag referred to dog to stray, run, be, go or in any other manner to in section 4-24 of this Code shall be securely fas- be at large in or upon any public street or side- tened and it shall be the owner's duty to make walk unless accompanied by an attendant who certain that the collar and tag are worn at all shall have such dog firmly held by collar and leash, times by the dog or cat when off the owner's pre- which leash is not to exceed eight (8) feet in length. mises. (Code 1970, § 4-19; Ord. No. 10-76, § 2, 6-10-76) (b) Dogs on property o f others. No person owning or having possession, charge, custody or control of Sec. 4.26. Same-Unauthorized removal. any dog shall cause, permit or allow the dog to stray, run, be, go or in any other manner to be at No person, other than the owner or keeper, shall large in or upon private property of others within remove or cause to be removed the collar or tag the village without the express or implied consent required by section 4-25 of this Code from any dog of the owner of such private property. or cat within the village. (Code 1970, § 4-20; Ord. No. 206-70, § 8) (c) Cats. No person owning, harboring or having in his possession any cat shall knowingly permit or allow such cat to run at large within the vil- Sec. 4-27. Prohibited in certain areas; excep- lage, or knowingly allow such cat to be upon any tions. street, boulevard, road or alley of the village or in (a) The owner of any dog or cat shall not permit any yard or enclosure other than the yard or en- or allow such dog or cat to be or enter upon any closure occupied or owned by such cat owner be- church premises, public hall or building, school tween the hours of 11:00. p.m. and 7:00 a.m. premises, restaurant, store, market or any place (Code 1970, § 4-21; Ord. No. 206-70, § 12; Ord. No. where food or drink is commercially dispensed or 3-75, § 1; Ord. No. 10-76, § 3, 6-10-76) sold. (b) No person, being the owner of any dog or Sec. 4-29. Vicious, biting and attacking dogs. cat, shall permit the same to be in any public park of the village. (a) It shall be the duty of the owner of any dog to prevent such dog from biting or attacking any (c) Any dog or cat found running at large in person in the village, and if a person is bitten by any public park of the village shall be impounded a dog lie shall report the incident to the depart- by the police department in the manner provided merit of public safety immediately. for in section 4-30. (b) Whenever any dog shall have bitten any (d) The provisions of paragraph (a) through (c) person, the director of public safety may order shall not apply to dogs leading blind persons, nor such dog quarantined in the county animal rescue shall the provisions of paragraphs (a) through (c) league shelter or county animal control center or apply to dogs and cats being exhibited at pet shows in a veterinarian's kennel, or on the owner's pre- 267 § 4-29 NORTH PALM BEACH CODE t i mises, for period extending not longer than four- day the dog or cat is impounded following the first teen (14) days from the .date of biting. day of impoundment. (c) All expense incurred while the dog is in quay- '(d) Disposition r~pon owner's failure to redeem. antine shall be borne by the owner, keeper or har- If the owner of the dog or cat shall not make ap- borer of the dog. plication for its release within forty-eight (48) hours, or shall not pay the charges and fines above (d) Any dog which may unprovokedly bite or referred to, then the director of public safety will attack any person in the village is hereby de- release such dog or cat to the county animal rescue Glared to be a public nuisance and such dog may 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 g-73, § l; Ord. No. 13-80, § 2, 6-12-80) the enforcement of this chapter. If such dog is impounded, the owner shall have no right to re- Sec. 4-31. Persons walking dogs responsible deem the dog if it has unprovokedly attacked or for removal of waste. bitten any person or persons in the village on two It shall be unlawful for any person, while (2) or more separate occasions within any twenty- walking a dog, to permit such dog to defecate upon ' four-month period unless he shall remove such private property not owned by such person or not dog from the village, immediately upon redemp- owned by the owner of the dog, or upon public ' tion .and shall not thereafter keep, harbor or oth- property, including, but not limited to, public side- I erwise maintain such dog in the village at any walks and Swale areas, without removing the fecal time. A dog bite or attack shall be considered un- matter immediately after such defecation has provoked if the dog which bites or attacks is un- ended. leashed or not. confined on the owner's premises {Ord. No. 8-79, § 1, 5-10-79) at the. time. ` (Code 1970, § 4-26; Ord. No. 206-70, § 5; Ord. No. Sec, 4-32. Persons walking dogs to carry 10-76, § 4, 6-10-76) waste-removal implements.. Any person who walks a dog off the premises Sec. 4.30. Impoundment. where the owner of the dog resides or off the pre- mises where the person who is walking the dog (a) Required: Whenever a dog or cat is within resides shall carry with him, at all times when so the corporate limits of the village in violation of walking a dog, appropriate implements to remove the provisions of this chapter, it shall be the-duty .any fecal matter deposited by the dog on public of any police officer of the village, when such fact property or upon private property not owned by shall be called to his attention, to take charge of the owner of the dog nor owned by the person such dog or cat and impound it. walking the dog, together with adequate con- tainers to carry the fecal matter back to the pri- (b) Notice. Any police officer or other employee vate 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. Secs. 4.33-4.41. Reserved. (c) Redemption by owner. Within forty-eight (48) hours thereafter, the owner of such dog or cat may apply for its release and such release shall be ARTICLE III. RABIES CONTROL granted providingthe owner shall have paid what- Sec. 4.42. Rabid animals-Declared nui- ever fines, if any, may have been imposed for the violation of this chapter and providing the owner sauce. shall also pay a pickup fee of ten dollars ($10:00) Any dog, cat or other animal suffering from ra- plus aboarding fee of three dollars ($3.00) for each bies is hereby declared to be a public nuisance 268 ANIMALS AND FOWL § 4-46 and any such animal may be slain by any police cat or other animal, and the owner of such dog, officer, or other person charged with the enforce- cat or other animal to notify the police depart- ment of this chapter, if the same cannot be safely ment and to immediately deliver such dog, cat or apprehended and impounded. other animal intact to such department, or cause (Code 1970, § 4-30} the same to be done. (Code 1970, § 4-28) Sec. 4.43. Same-Confinement. It shall be the duty of any person keeping, har- boring or otherwise maintaining any dog, cat or other animal suffering from rabies to place it im- mediately in a veterinary hospital or, upon de- mand, 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; impounding. (a) It shall be the duty of every person who dis- covers 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 di- rector of public safety. Such report shall give the name, if known, the place of residence of the person keeping, harboring or otherwise maintaining 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 de- clare 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. Reporting 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 shall be the duty of the person slaying such dog, [The next page is 319] 269 S 1. 1 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. 5-1. 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 Anchor shall mean any appliance used to se- Lake Worth and the Intracoastal Waterway, ex- cure avessel other than to a pier which is carried ceptm cases of fire or extreme emergency. A aboard such vessel as regular equipment when wake is defined as causing white water to be under way. seen breaking off the bow" of the boat or vessel. (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 Prohibited area shall mean all water bottom North Palm Beach Waterway. lands within the village not authorized by the (Code 1970, § 11-44) Code of Ordinances for the anchorage or mooring of vessels. Sec. 5-4. Exhibition boats exempted from certain restrictions. Vessel is synonymous with boat as referenced in section 1(b), Article VII of the State Constitu- The provisions of this chapter shall not be tion and includes every description of watercraft, construed to prohibit the running of racing or barge and air boat, other than a seaplane on the exhibition boats, muffled or unmuffled, during a water, used or capable of being used as a means of publicly announced and supervised and ade- transportation on water. quately patrolled regatta or speed trial or exhibi- Waterway means any waters, waterway, lake, Lion. river, tributary, canal, lagoon or connecting wa- (Code 1970, § 11-48; Ord. No. 212-70, § 7) ters within the boundaries of the village, other than the Florida Intracoastal Waterway. 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) ways located within the corporate limits of the Cross reference-Rules of construction and definitions 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. 16 321 § 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 waterways. Persons in charge of boats moored or (Code 1970, § 11-52; Ord. No. 212-70, § 12) 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 from such boat into the waters in which such boat Sec. 5-9. Mooring at private docks without permission. is in motion, tied up or anchored. (Code 1970, § 24-56) ~ No person shall moor a boat at a private seawall or dock or beach it upon private property Sec. 5-14. Hours for running engines in res- within the village without the permission of the idential districts. owner thereof. No person shall run or operate any boat engine (Code 1970, § 11-56; Ord. No. 212-70, § 16) 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 village, and all ordinances of the village relating marinas is permitted; provided, further, that, the to the conduct of persons and prohibiting acts following regulations apply to commercial wet contrary to public health, morals, safety or public storage marinas where persons live aboard boats: 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 Supp. No. 16 322 BOATS, DOCKS AND WATERWAYS § 5-83 Sec. 5-82. Generally. ment shall conform to AWPB MPl, (a) Docks, piers and other approved structures MP2 or MP4. Pile cutoff shall be shall be owned and constructed only by upland treated in accordance with AWPA landowner. M4. 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. Sec. 5-83. Minimum design requirements. (3) Decking. Decking, if lumber, shall be a 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 require a permit and shall be classified as a a. All bolts, nuts, washers and nails canopy and shall meet the building code as such. shall be hot dipped galvanized or 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 may be 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. 16 329 § 5-83 NORTH PALM BEACH CODE (2) Materials and construction are to be the water, docks shall not be placed within same as dock and pier pilings. five (5) feet of the side property line ex- tended. (j) Commercial marinas. All fixed docks and piers to be constructed in commercial marinas (3) In regard to construction waterside of any 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) Docks shall extend a maximum of five (5) feet out from the face of the bulkhead (2) Batter piles are to be constructed of pre- wall. stressed concrete. (5) Piers not exceeding six (6) feet in width (3) A building permit shall be required prior may extend waterside a maximum of fif- to construction for all batter piles. teen (15) feet in lagoons, twenty (20) feet (4) Batter piles shall be installed only under in the North Palm Beach Waterway and the following conditions: Prosperity Harbor, twenty-five (25) feet in a. Obstructions prevent use of star- West Lake and North Lake and not more Bard tiebacks and anchors to rein- than twenty-five (25) percent of the wa- force bulkheads. terway width of the Earman River; pro- vided however, that, a pier may extend b. Existing bulkhead has failed or is in waterside a maximum of fifty-five (55) danger of failing. feet when connected with a commercial c. Not to be used in the construction of marina operation in a commercial zoned l new bulkheads. piece of property so long as said construc- (5) Base of batter pile shall extend amaxi- tion leaves a minimum clear water dis- mum of five (5) feet from the waterside tance of forty (40) feet between the pier face of the bulkhead. and any opposite bulkhead or water struc- (Code 1970, § 11-34; Ord. No. 4-74, § 1; Ord. No. ture which may be constructed in accor- dance with this chapter. Piers located in 35-90, 2-6, 9-27-90) the Earman River may be constructed with "L" or "T" heads provided the maxi- Sec. 5-84. Regulations governing construc- mum allowable length waterside is re- tion in waters other than Lake duced by twelve (12) feet. No pier shall be Worth and Atlantic Ocean. located closer to the side property line extended than its extension waterside. All docks or other approved structures to be (6) In lagoons, dolphin poles, wave breaks, constructed waterside of bulkheads or land in the mooring posts, mooring buoys or floating lagoons, waterways or other bodies of water in the village, other than the waters of Lake Worth and anchors shall be placed a maximum of the Atlantic Ocean, shall be constructed in accor- twenty (20) feet from the face of the bulk- dance with the following requirements and regu- head or the shore. Wave breaks shall be lations: allowed only at lagoon entrances opening into Lake Worth. (1) Prior to a permit being issued by the (7) In the North Palm Beach Waterway and village, a permit shall be obtained from Prosperity Harbor, dolphin poles, mooring such other authority that has a vested posts, mooring buoys or floating anchors i interest in the waterway. shall be placed a maximum of thirty (30) i (2) In regard to construction waterside of any feet from the face of the bulkhead or the lot having fifty-foot or less frontage on the shore. Supp. No. 16 330 BOATS, DOCKS AND WATERWAYS § 5-85 (8) In the Earman River, dolphin poles, wave feet such spoil areas may have upon any breaks, mooring posts, mooring buoys or construction done in accordance with this floating anchors shall be placed not more division. than twenty-five (25) percent of the wa- (3) No pier shall extend beyond a line fifty terway width from the bulkhead or the (50) feet waterside from and parallel to shore. Wave breaks shall be allowed only the bulkhead line of the village. at the entrance to Lake Worth. (4) The centerline of all piers shall be on a (9) In West Lake and North Lake, dolphin uniform alignment. poles, mooring posts, mooring buoys or (5) Piers may be constructed with "L" heads floating anchors shall be placed amaxi- or "T" heads of fifty (50) feet. A fmger pier mum of fifty (50) feet from the face of the shall not exceed twenty-two (22) feet in bulkhead or the shore. length and shall be a maximum of six (6) (10) Dolphin or mooring post location shall be feet and a minimum of three (3) feet in determined by the building department. width. (11) 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, § l; Ord. No. 36-95, 1, 2, 12-14-95) feet to any part of another pier. (7) All piers shall be constructed with all Sec. 5-85. Regulations governing construe- major components including piling, beams, decks, etc., constructed of reinforced con- tion in Lake Worth and Atlantic Crete. Piers shall have a maximum width Ocean. of ten (10) feet, and a minimum width of six (6) feet. All piers, docks or other approved structures to be constructed waterside of the bulkhead line or (8) Dolphins or mooring posts may be in- land of the village in Lake Worth, or the mean stalled adjacent to piers, with location to low-water mark of the Atlantic Ocean, shall meet be determined by the building depart- the following regulations and requirements: ment. (1) The design of any pier to be constructed (9) In regard to construction waterside of any under the provisions of this division shall lot having fifty (50) feet or less frontage on be performed by an engineer registered in the water, docks shall not be placed within the state, and detailed construction draw- five (5) feet of the side property line ex- ings shall be submitted bearing the certi- tended. fication and seal of such engineer. (10) In regard to construction waterside of any (2) Prior to a permit being issued by the lot having greater than fifty (50) feet village, a permit shall be obtained from frontage on the water, docks shall not be placed within ten (10) feet of the side such other authority that has a vested property line extended. interest in the waterways. Nothing con- tained in this division shall be construed (11) Freestanding wave breaks shall not be to affect the rights or obligations con- permitted. netted with spoil areas located iri Lake (12) Mooring buoys and floating anchors shall Worth within one hundred (100) feet be placed a maximum of seventy (70) feet lakeward of the bulkhead line referred to from the face of the bulkhead or the shore. above and the granting of a permit by the (Code 1970, § 11-36; Ord. No. 3-71, § 2; Ord. No. village does not release the applicant from 35-90, 7, 8, 9-27-90; Ord. No. 13-98, § 2, personally determining what, if any, ef- 5-14-98) Supp. No. 16 331 § 5-86 NORTH PALM BEACH CODE Sec. 5-86. Variances. "5. That the variance granted is the minimum variance that will make The board of adjustment created and described possible the reasonable use of the in section 21-21 of this Code shall have the power land, building or structures; to authorized upon appeal such variance from the "6. That the grant of the variance will terms of sections 5-69 through 5-96, both inclu- be in harmony with the general in- sive, as will not be contrary to the public interest tent and purpose of the ordinance when, owing to special conditions, a literal en- and that such variance will not be forcement of the provisions of those sections of the injurious to the area involved or oth- village Code as they pertain to properties located erwise detrimental to the public wel- on Lake Worth will result in unnecessary and fare. undue hardship. In order to authorize any vari- ance from the terms of those sections of the "(b) In granting any variance, the board of village Code, the board of adjustment must fmd adjustment may prescribe appropriate con- the factors set forth in F.S. section 163.225(3)(a), ditions and safeguards in conformity with (b), (c): this part and any ordinance enacted un- der its authority. Violation of such condi- "(3) (a) To authorize upon appeal such vari- tions and safeguards, when made a part ante from the terms of the ordinance as of the terms under which the variance is will not be contrary to the public interest granted, shall be deemed a violation of when, owing to special conditions, alit- the ordinance. eral enforcement of the provisions of the ~~(c) The board of adjustment may prescribe a ordinance would result in unnecessary reasonable time limit within which the and undue hardship. In order to authorize action for which the variance is required any variance from the terms of the ordi- shall be begun or completed or both." ) nance, the board of adjustment must find: (Ord. No. 1-82, § 1, 1-28-82) "1. That special conditions and circum- stances exist which are peculiar to Secs. 5-87-5-92. Reserved. the land, structure, or building in- volved and which are not applicable to other lands, structures, or build- DIVISION 5. EROSION CONTROL ings in the same zoning district; STRUCTURES* " 2. That the special conditions and cir- Sec. 5-93. Definition. cumstances do not result from the actions of the applicant; As used in this division, "erosion control struc- " 3. That granting the variance requested tures" shall mean seawalls and/or groins designed will not confer on the applicant any to control and prevent erosion of existing land special privilege that is denied by masses which lie outside established bulkhead this ordinance to other lands, build- lines or property lines in waterways, lakes, rivers, ings, or structures in the same zon- lagoons or other bodies of water in the village. ing district; (Code 1970, § 11-40; Ord. No. 4-74, § 2) Crosa reference-Rules of construction and definitions "4. That literal interpretation of the pro- generally, § 1-2. visions of the ordinance would de- prive the applicant of the rights tom- Sec. 5-94. When permitted. monly enjoyed by other properties in Erosion control structures shall be permitted the same zoning district under the i terms of the ordinance and would to be constructed in the village only where land work unnecessary and undue hard- *Cross reference-Coastal construction code, § 6-151 et shi on the a licant• se . P PP q Supp. No. 16 332 BOATS, DOCKS AND WATERWAYS § 5-101 masses exist waterward of any property line or Worth, the Intracoastal Waterway and other wa- bulkhead line in the village and within the rights- ter areas throughout the village which under of-way of any waterway, lake, river, lagoon or normal circumstances support vegetation typi- other body of water in the village other than the tally adapted for life in the water and for the Atlantic Ocean. Erosion control structures shall preservation and growth of fish breeding, recre- be permitted when the village engineer and vil- ation and aesthetic areas. lage council determine that such structure is 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) aries to be a marine sanctuary in accordance with Sec. 5-96. Control. its fmdings that these waters support substantial 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- unique mangrove species, mud flats and other tered or removed under the authority and deci- areas conducive to fish breeding and ecological sion of the village council. Erosion control strut- conservation of marine life. Further, that such tares may be constructed by upland landowners areas are necessary to be conserved for their under the supervision of the building official of ecological purposes, as well as for the substantial the village. All erosion control structures shall recreational purposes of fishing and boating which meet the minimum design requirements set forth occur thereon, as well as for the aesthetic value of in this chapter, including permits, fees, surety the substantial expanse of water, together with bonds, minimum design requirements and other the marine life, mangroves and foliage connected regulations. therewith. Accordingly, the village council hereby (Code 1970, § 11-40; Ord. No. 4-74, § 2) undertakes to regulate water areas, mangrove Secs. 5-97-5-100. Reserved. areas and other fish breeding and recreation areas within the village to the extent that such regulations do not conflict with either state or ARTICLE N MARIlVE SANCTUARIES* federal law, and no disturbance of existing areas Sec. 5-101. Designation of waters as marine within the village where the tide ebbs and flows sanctuaries. may occur without the specific authorization, per- mit and license of the village, after due notice and (a) Definition. Marine sanctuary is defined as hearing as to the ecological, conservation, recre- those areas within the village where the tide ebbs ation and aesthetic affect upon these areas shall and flows including, but not limited to, Lake be had. *Editor's note-Ordinance No. 15-79, § 1, adopted Sep- (d) Construction of section. The terms of this tember 13, 1979, amended the Code by adding § 7-25. How- ever, for purposes of classification, the new provisions have section shall be in addition to any other terms set been redesignated as Ch. 5, Art. IV, § 5-101, at the editor's forth ill this COde which are concerned with discretion. applications for dredge and fill permits, applica- Sapp. No. 16 333 § 5-101 NORTH PALM BEACH CODE 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) Cross reference-Filling permits, 7-16-7-20. ~ I I [The next page is 381] --- Supp. No. 16 334 BUILDINGS AND BUILDING REGULATIONS § 6-17 ARTICLE I. IN GENERAL ARTICLE II. IVIINIMUI9~I CONSTRUCTION STANDARDS Sec. 6-1. Construction on publac land pro- Sec. 6-16. Authority. hibited. This article is promulgated in accordance with It shall be unlawful for any person to erect or F.S. chapter 166, and chapter 74-565, Laws of maintain, or to permit the erection or mainte- Florida, as amended: Hance of any structure of any kind, including a (Ord. No. 4-90, § 1, 3-8-90) Editor's note-The provisions of 6-16 and 6-17 were wall upon, across, over or under any portion of deleted as being superseded by the provisions of 1, 2 of Ord. any publicly dedicated- utility or drainage ease- No. 4-90, adopted Mar. 8,1990, included herein as new 6-16 ment area in the village. and 6-17. The deleted provisions pertained to the adoption of (Code 1970, § 6-1) the Standard Building Code, 1985 edition and the county amendments, and derived from Code 1970, 6-11 and 6-12, and the following ordinances: Sec. 6-2. Accessibility to building's by hand- Ord. No. Date Section icapped persons; state law adopted. 7=72 2 16-72 1 10-75 7-10-75 1, 2 Pursuant to F.S. section 553.73(2), F.S. part V of 9-78 5-25-78 1, 2 3-80 2-14-80 1 chapter 553, relating to accessibility to buildings 25-80 10- 9-80 .1, 2 by handicapped persons, is hereby adopted by 17-82 9-23-82 1 reference. 12-83 8-25-83 1, 2 16-86 11-13-86 1, 2 Sec. 6-3. Eire district. Sec. 6-17. Codes adopted. The Standard Building Code, including Section All property within the village shall be included 1606 and Appendix F, the Standard Gas Code, the within the fire district. Standard Mechanical Code, and the Standard (Code 1970, § 16-23; Ord. No. 12-72, § 1) Plumbing Code, 1994 Editions, the amendments to each code, hereto attached, all of which have been reviewed by the Building Code Advisory Board of Palm Beach County, are hereby adopted Sec. 6-4. Reserved. and incorporated herein, as part of the minimum Editor's note-Pursuant to advice of the city, and at the construction standards for the Village of North editor's discretion, Ord. No. 2-83, adopted Feb. 10, 1983, Palm Beach, Florida. Department of Public Ser- codified as Ch. 12.5 of this Code, has been treated as super- vice shall be substituted for Building Department seding former § 6-4 relative to duties of the building official iri all the adopted codes. concerning flood management building requirements. Such (Ord. No. 4-90, § 2, 3-8-90; Ord. No. 14-92, § 2, section derived from Ord. No. 7-77, § 1, adoptedApri128, 1977 g_10-92; Ord. No. 15-96, § 2, 4-25-96) 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 Cade but are on file and available for inspection in the offices of the city. Note~ee 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. 12 383 § 6-18 NORTH PALM 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 t0 mean the architectural Style and gen- pursuant to the adoption of Ord. No. 15-96, enacted Apri125, eral arrangement of such portion of a building or 1996, which adopted the 1994 editions of the various codes as structure as is designed to be open to view from a detailed in § 6-17. The provisions of former § 6-18 derived from public street, place or way, Or from adjoining Ord. No. 20-93, § 1, adopted Sept. 9, 1993; and Ord. No. 21-93, § 1, adopted Sept. 9, 1993. premises. (Code 1970, § 6-39; Ord. No. 4-71, § l; Ord. No. Sec. 6-19. Violations; penalty. 2-72, § 1) Any person, firm or corporation who shall Vio- Cross reference-Rules of construction and definitions late a provision of this .article, or fail to comply generally, § 1-2. therewith, or with any of the requirements thereof, Sec. 6-32. Intent and purposes. shall 'be guilty of a misdemeanor. Each such This appearance code is adopted for the follow- person shall be deemed guilty of a separate of= ing purposes: fense for each and every day or portion thereof (1) To promote the public health, safety, mor- during which any violation of any of the provi- als, comfort and general welfare of the sions of this article is committed or continued citizens of the village. and, upon conviction of any such violation, such (2) To enhance the values of property through- person shall be punished by a fine of not less than out the village. fifty dollars ($50.00) nor more than five hundred (3) To protect and to stabilize the general ap- dollars {$500.00), or by imprisonment not exceed- pearance of buildings, structures, landscap- ing six (6) months, or by both such fine and ~g and open areas, in the multiple -dwell- imprisonment. ing, commercial and public zoning districts (Ord. No. 25-80, § 3, 10-9-80; Ord. No. 12-83; § 3, of the village. 8 Ed 80 )'s note-Ordinance No. 25-80, § 3, adopted Oct. 9, (4) To insure adequate light, air. and privacy ~ ~ 1980, was nonamendatory of the Code; hence, its inclusion as for property In the multiple dwelling, Coln- § 6-1s was at the editor's discretion. mercial -.and public zoning districts of the Sec. 6-20. Reserved. village. (5) To encourage and promote acceptability, Editor's aote~ection 3 of Ord. No. 14-92, adopted .Sept. attractiveness, cohesiveness and compati- 10, 1992, repealed former § 6-20, relative to amendments to bility of new buildings, developments, re- the Standazd Plumbing Code, which derived from Ord. No. modeling and additions so as to maintain 20-91, § 1, adopted May 23, 1991. and improve the established standards of Secs. 6 21-6-29. Reserved. property values within the multiple-dwell- ARTICLE III: APPEARANCE CODE* Wig, commercial and public zoning districts of the .village. DIVISION L GENERALLY (Code 1970, § 6-22) Sec. 6-30. Short title. Sec. 6-33. Appearance plan. This article, including any regulation hereafter The village hereby adopts by reference thereto adopted, shall .hereafter be known, cited and -the appearance plan attached as exhibit A to referred to as the "Appearance Code." Ordinance No. 3-72 of the village. The appearance (Code 1970, § 6-21) plan is set forth at length in Appendix A of this Code. *Editor's note-Ordinance No. 6-77, § 5, enacted April 28, (Code 1970, § 6-40; Ord. No. 3-72, § 1) 1977, adopted 6-30-6-36, 6-56-6-60, wncerning the ap- Sec. 6-34. peazance code, as pazt of the comprehensive plan for the Editor's note-Ordinance No. 4-79, § 1, adopted March 8, village. Ord. No. 4-79, adopted Mazch 8, 1979, removed the 1979, amended Ord. No. 6-77, § 5, enacted April 28, 1977, to appearance code from the comprehensive plan. repeal 6-29-6-32 of the 1970 Code, of which 6-30, 6-32 Cross references-Planning and development, Ch. 21; were codified as § 6-34 of this Code. Former § 6-34 pertained appearance plan, App. A. to amendments of the appearance plan. Supp. No. 12 384 BUILDINGS AND BUILDING REGULATIONS § 6-35 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 Supp. No. 12 385 [The nett page is 398.3) j/~ BUILDINGS AND BUILDING REGULATIONS § 6-111 Erect a sign. To construct, reconstruct, build, to reflect light from an artificial source includ- relocate, raise, assemble, place, affix, attach, cre- ing indirect lighting, neon, incandescent lights, ate, paint, draw, or in any other way bring into back-lighting, and shall also include signs with being or establish a sign but it shall not include reflectors that depend upon automobile head- any of the foregoing activities when performed lights for an image. as an incident to routine maintenance. Marquee. Astructure projecting from and com- Frontage. The length of the property line of pletely supported by a building and which ex- any one parcel along the main street on which it tends beyond the building line or property line borders. and fully or partially covers a sidewalk, public Ground sign. A sign that is supported by a entrance or other pedestrian way. three (3) foot high maximum base. The sign and Multiple occupancy complex. A commercial base shall be monolithic, shall generally have a use, i.e, any use other than residential consist- columnar line and shall essentially have the ing of a parcel of property, or parcel of contigu- same contour from grade to top. A sign which is ous properties, existing as a unified or coordi- independent of any building for support. nated project, with a building or buildings housing more than one occupant. Harmful to minors. With regard to sign con- tent, any description or representation, in what- Neon tube sign. A sign electrically lighted by ever form, of nudity, sexual conduct, or sexual exposed tubes containing inert gas and visible excitement, when it: from outside of a building. (1) Predominately appeals to the prurient, Nonconforming sign. A sign existing at the shameful, or morbid interest of minors effective date of the adopting of this article which in sex, and could not be built under the terms of this arti- (2) Is patently offensive to contemporary cle. standards in the adult community as a Occupant (occupancy). The use of a building whole with respect to what is suitable or structure, or any portion thereof for commer- sexual material for minors, and cial transactions. (3) Taken as a whole, lacks serious liter- Of f site /premise sign. A sign advertising an ary, artistic, political, or scientific val- establishment, merchandise, service or enter- ue. - tainment, which is not sold, produced, manu- Theterm "harmful to minors" shall also include factured or furnished at the property on which any non-erotic word or picture when it: said sign is located. (1) Is patently offensive to contemporary Outline neon lighting. An arrangement of elec- standards in the adult community as a tric discharge tubing to outline or call attention whole with respect to what is suitable to certain features such as the shape of abuild- for viewing by minors, and ing or the decoration of a window. (2) Taken as a whole, lacks serious liter- Painted wall sign. A sign painted on a wall or ary, artistic, political, or scientific val- on any other surface or part of a building or ue, structure. Height of a sign. The height of a sign shall be Parcel. A unit of land within legally estab- measured as the vertical distance from the fin- fished property lines. If, however, the property fished grade, excluding berms, at the base of the lines are such as to defeat the purposes of this supporting structure to the top of the sign, or its Code or lead to absurd results, a "parcel" may frame or supporting structure, whichever is be as designated for a particular site by the higher. building official. Illuminated sign. A sign which contains a Permanent. Designed, constructed and intend- source of light or which is designed or arranged ed for more than short term use. Supp. No. 8 398.7 § 6-111 NORTH PALM BEACH CODE Pole sign. A sign supported permanently upon (I) .Permits. the ground by poles or braces and not attached (1) A sign shall .not hereafter be erected, con- to any building. structed, altered or maintained except as Portable sign. Any sign which is manifestly provided in this Code, until after a permit designed to be transported by trailer or on its for the same has been issued in accordance own wheels, including such signs even though with the permitting procedures of the build- the wheels may be removed and the remaining ing code. chassis or support structure converted to an A (2) Fees. Fees shall be based on the construc- or Tframe sign and attached temporarily or tion valuation as set forth in the building permanently to the ground. code. Roof Zine. A horizontal line intersecting the (3) Exemption. Temporary signs are exempt highest point or points of a roof. from the requirement of obtaining a permit Roof sign. A sign placed above the roof line of or paying a fee, but they shall be subject to a building or on or against a roof slope of less the other provisions of this chapter. than forty-five (45) degrees. (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 1, 8-11-94) Sign. Any writing, pictorial presentation, number, illustration, or decoration, flag, banner or pennant, balloon, search light, or other de- Sec. 6-112. Exempt signs. vice which is used to announce, direct attention to, identify, advertise or otherwise make any- The following signs are exempt from the oper- thing known. The term sign shall not be deemed ation of these sign regulations, and from the re- to include the terms "building" or "landscap- quirement in this Code that a permit be obtained ing," or any architectural embellishment of a for the erection of permanent signs, provided they building not intended to communicate informa- are not placed or constructed so as to create a tion. hazard of any kind: .Sign face. The part of a sign that is or may be (A) Signs that are not designed or located so as used for copy. to be visible from any street or adjoining property. Sign face area. The area of any regular geo- metric shape which contains the entire surface (B) Parking area directional signs maybe erect- area of a sign upon which copy may be placed. ed at each point of ingress and egress to a parking lot or parking area. Such signs shall Sign structure. Any construction used or de- not exceed two (2) square feet in background signed to support a sign. area nor extend to a height greater than Street. A public or private right-of--way for ve- three (3) feet above ground. Only one (1) hicular traffic, including highways, thorough- such sign shall be allowed at each point of fares, lanes, roads, ways, and boulevards. ingress and egress, provided such signs do not create a traffic or pedestrian hazard. Temporary sign. A sign which is intended to (See section 6-116(D)) No names or logos advertise community events, civic projects, po- permitted. litical candidacy, political issues, real estate for sale or lease or other special events on a short (C) Signs necessary to promote health, safety term basis. and welfare, and other regulatory, statuto- ry, traffic control or directional signs erect- Unit. That part of a multiple occupancy com- ed on public property with permission as plex housing one occupant. appropriate from the State of Florida, the Vehicle sign. A sign of any nature attached to, United States, the County of Palm Beach, affixed in any manner or painted on a motor or the Village of North Palm Beach. , vehicle or trailer. (D) Legal notices and official instruments. ~ k.. Sopp. No. 8 398.8 BUILDINGS AND BUILDING REGULATIONS § 6-113 (E) Decorative flags and bunting for a cele- (B) Specifically. The following signs are ex- bration, convention, or commemoration of pressly prohibited unless exempted by section significance to the entire community when 6-112 of this Code or expressly authorized by authorized by the village manager fora section 6-114, or section 6-115 of this Code: period, not to exceed thirty (30) days. (1) Signs that are in violation of the building (F) Holiday lights and decorations, erected code or electrical code adopted by the during the appropriate holiday season, village. shall comply with all building and electri- (2) Any sign that constitutes a safety hazard. cal codes. (G) Merchandise displays behind storefront (3) Blank temporary signs. windows so long as no part of the display (4) Signs with visible moving, revolving, or moves or contains flashing lights. rotating parts or visible mechanical move- ment of any description or other apparent (H) Memorial signs or tablets, names of build- visible movement achieved by electrical, ings and dates of erection when cut into electronic, or mechanical means, except any masonry surface or when constructed for traditional barber poles. of bronze or other incombustible materi- als and attached to the surface of a build- (5) Signs with the optical illusion of move- ing. ment by means of a design that presents a pattern capable of giving the illusion of (I) Signs incorporated into machinery or equip- motion or changing of copy. ment by a manufacturer or distributor,. which identify or advertise only the prod- (6) Signs with lights or illuminations that uct or service dispensed by the machine or flash, move, rotate, scintillate, blink, flicker, equipment, such as signs customarily af- or vary in intensity or color. fixed to newspaper racks, telephone booths, (7) Outline neon lighting used on commer- and gasoline pumps. cially developed parcels for commercial (J) Advertising and identifying signs located purposes.. on taxicabs, buses, trailers, trucks, vehi- (g) Signs, commonly referred to as wind signs, ' cles or vehicle bumpers, subject to the consisting of one or more banners, flags, regulations of section 6-113(B)(23) of this pennants, ribbons, spinners, streamers or Code. captive balloons, or other objects or mate- (K) Public warning signs to indicate the dan- rial fastened in such a manner as to move gers of trespassing, swimming, animals or upon being subjected to pressure by wind. similar hazards. (9) Signs that incorporate projected images, (L) Works of art that do not constitute adver- emit any sound that is intended to attract tising attention, or involve the use of live ani- mals. (M) Signs carried by a person. (10) Signs that emit audible sound, odor, or (N) Religious displays. visible matter such as smoke or steam. (Ord. No. 24-93, § 2, 10-14-93) (11) Signs or sign structures that interfere in any way with free use of any fire escape, Sec. 6-113. Prohibited signs. emergency exit, standpipe,. or that ob- struct any window to such an extent that light or ventilation is reduced to a point (A) Generally. It shall be unlawful to erect or below that required by any provision of keep any sign not expressly authorized by, or this Code or other ordinance of the vil- exempted from, this Code. lage. Supp. No. 14 398.9 § 6-113 NORTH PALM BEACH CODE (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 traffic-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 (100) feet of any (14) Non-governmental signs that use .the words street right-of--way; and "sto "look," "dan er," or an similar p g Y 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 oftraffic- 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 aze of such intensity or bril- less than or equal to ten (10) square fiance as to cause glare or impair the feet, when the vehicle is .parked for vision of any motorist, cyclist, or pedes- more than sixty (60) consecutive min- trian using or entering a public way, or utes on a commercially zoned prop- that aze a hazard or a nuisance to occu- erty and on which the business being pants of any property because of glare or advertised is located and: other chazacteristics. 1. Is parked within the front two- (17) Signs that contain any lighting or control thirds of the area between the mechanism that causes interference with front building line and the front radio, television or other communication lot line; or signals. 2. In the case of corner lots, is (18) Searchlights used to advertise or promote parked within the front two- a business or to attract customers to a thirds of the area between the property. side building line and the side (19) Signs that are painted, pasted, or printed lot line; or on any curbstone, flagstone, pavement, or 3. Is parked within thirty (30) feet any portion of any sidewalk or street, of any street right-of--way. except house numbers and traffic control (24) Signs displaying copy that is hazmful to signs. minors as defined by this code. (20) Signs placed upon benches, bus shelters (25) Portable signs as defined by this code. or waste receptacles. (26) Marquee sign as defined by this code. (21) Signs erected on public property, or on private property (such as private utility (27) Roof sign as defined by this code. poles) located on public property, other (28) Changeable copy sign as defined by this than signs erected by public authority for code. public purposes. Exceptions: (22) Signs erected over or across any public a. Sign for public, charitable, and reli- street except as may otherwise be ex- gious institutions. Supp. No. 14 398.10 BUILDINGS AND BUILDING REGULATIONS § 6-114 b. Motor vehicle service station signs; (2) Advertising as defined by this code, ex- provided, however, that said signs cept that advertising for the following are: purposes may be displayed: 1. Limited to a maximum of twenty a. To indicate that an owner, either (20) percent of the total sign personally or through an agent, is area for said vehicle service sta- actively attempting to sell, rent or tion. lease the property on which the sign 2. Changeable copy is limited to is located. price of fuel and the words "cash" b. To identify construction in progress. and "credit." Such message shall not be displayed 3. The maximum height of change- more than sixty (60) days prior to able numbers shall be twelve the beginning of actual construction (12) inches. 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 initiated within sixty (60) days after (31) Off site/premise sign as defined in this the message is displayed, or if con- code. struction is discontinued for a period (32) Signs placed on boats or watercraft that of more than sixty (60) days, the are located on public or private property message shall be removed, pending other than boat or watercraft name, man- initiation or continuation of construc- ufacturers name or required license num- tion activities. bers. c. To announce or advertise such tem- (33) Time-Temperature-Date Signs. porary uses as carnivals, revivals, (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 2, sporting events, garage sales, or any 8-18-94; Ord. No. 37-97, § 1, 8-28-97) public, charitable, educational or re- ligious event or function. Such mes- Sec. 6-114. Permitted temporary signs. sage shall be removed within two (2) working days after the special event. (A) Where allowed. Temporary signs are al- Approval of the size and locations of lowed throughout the village, subject to the re- the signs by the department of pub- strictions imposed by this section and other rele- lic services is required. want parts of this Code. Temporary signs do not require a building permit. d. Political sign. Nothing shall be con- strued to regulate the content or (B) Sign types allowed. A temporary sign may internal design of a political sign. be a pole, ground or building wall sign, but may Such sign shall be removed not more not be an electric sign. than seven (7) calendar days follow- (C) Removal of illegal temporary signs. Any ing the event advertised by the sign. temporary sign not complying with the require- ments of this section is illegal and subject to (E) Permissible size, height and number of immediate removal by the village forces. temporary signs. (D) Restrictions on content of temporary signs. (1) One-family and two-family residences. A A temporary sign may display any message so Parcel on which is located a single one- long as it is not: family or two-family residence may dis- play not more than one temporary sign (1) Harmful to minors as defined by this with a sign area of not more than five (5) code. square feet. No sign shall exceed five (5) Supp. No. 14 398.11 § 6-114 NORTH PALM BEACH CODE feet in height. Front setback shall be ten (C) Permissible number, area, spacing and height (10) feet and side setback shall be three of permanent accessory signs. (3) feet. (1) Ground signs: (2) Multi-family residences. A parcel on which a. Multi-family buildings with more is located amulti-family residence may than four (4) dwelling units. display not more than one (1) temporary Number -One (1) maximum. sign with a sign area of not more than thirty-two (32) square feet. No individual Sign Area -Maximum thirty-two sign shall exceed eight- (8) feet in height. (32) square feet. Front setback shall be ten (10) feet and Height -Eight {8) feet maximum. side setback shall be three (3) feet. Set back, Minimum -Ten (10) feet (3) On all other parcels. All other parcels may front -three (3) feet side. display not more than one (1) temporary b. Commercial occupancy: sign with an aggregate sign area of not more than t Number -One sign per parcel right- bitty-two {32) square feet. No of-way frontage maximum. sign shall exceed eight (8) feet in height. Building Sign Sign Sign Sign Face (4) All areas. Three (3) temporary political Setback Setback Height Face Area Signs, each not exceeding five (5) square Minimum Minimum .Maximum Maximum Maximum feet in sign area and not more than five ~y 5 ft. 8 ft. 45 sq. ft. 75 sq. ft. (5) feet in height, may be displayed on a 25 ft. 5 ft. 8 ft. 45 sq. ft. 75 sq. ft. parcel. 50 ft. 15 ft. 10.5 ft. 45 sq. ft. 75 sq. ft. (Ord. No. 24-93, § 2, 10-14-93) 70 ft. 20 ft. 13 ft. 60 sq. ft. 100 sq. ft. 100 ft. 20 ft. 13 ft. 60 sq. ft. 100 sq. ft. (2) Building wall signs: Sec. 6-115. Permitted permanent accessory a. Subject to the design criteria of this signs. article, the maximum mounting height of a building wall sign shall (A) Sign types allowed. A permanent accessory be eighteen (18) feet,. except that on sign may be a ground or building wall sign. a building of more than two (2) sto- ries, asingle building wall sign is (B) Content. A permanent accessory sign may allowed above eighteen (18) feet fac- display only the following: ing each public street frontage. b. Each multiple occupancy complex (1) Letters depicting the name of the building may display one (1) permanent ac- or the name of the building occupant. cessory building wall identification sign facing each public street front- (2) Letters depicting the nature of the busi- age on the principal building in which ness and that are a maximum of fifty (50) the complex is located, not to exceed percent of the height of the letters in a sign area of twenty (20) square paragraph (B)(1) of this section. feet. (3) A logo symbol that has a height and width c. Each occupant of a multiple occu- that .does not exceed the size of any letter panty complex that has a licensed in paragraph (B)(1) of this section. building frontage which has direct ground level walk-in access from a (4) Street address number and/or name. The public or private roadway or side- message may not be harmful to minors as walk may display one (1) permanent defined in this code. accessory building wall sign on any Supp. No. I4 398.12 BUILDINGS AND BUILDING REGULATIONS § 6-115 exterior portion of the complex that is part of the occupant's unit (not including a common or jointly owned area), and that has a maximum sign area of five (5) percent of the facade area if the front building setback is twenty-five (25) feet minimum, seven (7) percent of the facade area if the front building setback is seventy (70) feet minimum and ten (10) percent of the facade area if the front build- ingsetback is one hundred (100) feet minimum. Exception: An occupant that has building facade area facing multiple public street frontages may have one (1) full size wall sign facing a public street frontage and aone- half (~/s) size wall sign facing the other street frontages. d. Each occupant of a single occupancy complex may display one (1) perma- nent accessory wall sign on the prin- cipal building in which the occu- pancy is located, not to exceed a sign area of five (5) percent of the facade area if the front building setback is twenty-five (25) feet minimum, seven (7) percent of the facade area if the front building setback is seventy (70) feet minunum and ten (10) percent of the facade area if the front build- ingsetback is one hundred feet (100) minimum. Exception: An occupant that has building facade area facing. multiple public street frontages may have one (1) full Supp. No. 14 398.12.1 l 1 BUILDINGS AND BUILDING REGULATIONS § 6-115 size wall sign facing a public street itable, fraternal or other organizations may frontage and one-half ('/z) size wall sign be permanently displayed on any one par- facing the other street frontages. cel of land. (D) Directional signs. One (1) parking area di- (2) Size. The maximum distance from top to rectional sign may be erected at each point of in- bottom of any flag or flags shall be twenty gress and egress to a parking lot or parking area. (20) percent of the total height of the flag Such signs shall not exceed two (2) square feet in pole, or in the absence of a flag pole, twenty background area nor exceed three (3) feet in (20) percent of the distance from the top of height. Such signs shall not create a traffic or pe- the flag or insignia to the ground. The max- destrian hazard. (See section 6-112(B)). imum height of a flag pole shall be twenty (E) Signs at entrances to residential develop- (20) feet. ments. (G) Utility signs. Public utility signs that iden- (1) Generally. Apermanent accessory sign may tify the location of underground utility lines and be displayed at the entrance to residential facilities, high voltage lines and facilities, and oth- developments. er utility facilities and appurtenances are permit- (2) Restrictions. ted so long as .they do not exceed three (3) feet in a. One (1) sign is permitted at only one height, and so long as the sign face does not ex- (1)entrance into the development from Geed one-half (1/a) square foot. each abutting street. The sign may be (H) Street numbers. a single sign with two (2) faces of equal size or may be two (2) single-faced (1) Generally. Every building in the village structures of equal size located on each shall have its street number so affixed to side of the entrance. No face of the sign the building or the premises upon which shall exceed thirty-two (32) square feet the building is located that it is both visible in size, and may be illuminated in a and legible from the public street. steady light only. (2) Commercial buildings. Every commercial b. When considering the placement of building with a wall facing an alley shall such signs, the planning commission have each individual tenancy street num- . shall consider the location of public util- ber affixed to the building above or next to ities, sidewalks and future street wid- the rear door serving each tenancy so that ening. the number is both visible and legible from c. The planning commission shall ensure the alley. The street numbers shall be re- that such signs shall be maintained flective. perpetually by the developer, the own- (3) Height-Color. All street numbers shall be er of the sign, a pertinent owners' as- a minimum of three (3) inches in height on sociation, or some other person who is residential buildings and a minimum of six legally accountable under a mainte- (6) inches on commercial buildings. Maxi- nance arrangement approved by the vil- mum height of all street numbers shall be lage council. If no accountable person eight (8) inches. All street numbers shall be accepts legal responsibility to main- a sharply contrasting color with the build- tain the signs and no other provision has been made for the maintenance of ing. them, the signs shall be removed by. (4) Maintenance. It shall be the duty of the own- . the developer or owner. er of the building to maintain the numbers (F) Flags. on the building in good condition. (1) Number. Not more than three (3) flags or (I) Signs in P-Public Zoning District. insignias of .governmental, religious, char- (1) Type-On premise, wall and ground signs: . Supp. No. 8 398.13 § 6-115 NORTH PALM BEACH CODE ' (2) Number-Such number as shall be permit- door, or marquee, and the letters are ted by the village council, in its discretion, not enclosed by a border or trimming, to assist in the administration and opera- the sign area shall be the area within tion of the village and its various govern- the smallest rectangle, parallelogram, mental, recreation and proprietary opera- triangle, circle or semicircle, the sides tions. of which touch the extreme points of (3) Size-Height-Location. Shall be no great- the letters or pictures. er than the signs allowed in adjacent zon- (b) Where two (2) sign faces are placed ing districts. back to back on a single sign structure, (4) Additional signs. The following additional and the faces are at no point more than signs are permitted: Locational and direc- four (4) feet apart, the area of the sign tional signs at outdoor public recreation shall be counted as the area of one (1) park and sporting events which may in- of the faces. elude advertising logo of the entity sponsor- (c) Where three (3) or more sign faces are ing the activity or event being held on pub- arranged in a square, rectangle, or di- licly owned property, including, but not amond, the area of the sign shall be the limited to youth athletic associations, orga- area of the two (2) largest faces. ~ nized team competitions, swimming meets, tennis tournaments and golf course bench- (C) Number of signs. es with direction and ball washing facilities (1) Generally. In general, the number of signs at each tee. shall be the number of non-contiguous sign (J) Strings of white light bulbs. Strings of white faces. Multiple non-contiguous sign faces ~ light bulbs maybe permanently permitted to out- may be counted as a single sign if all the line buildings and decorate trees on commercially sign faces are included in the geometric fig- developed property provided that such display does ure used for determining the sign area. not interfere with neighboring land uses. Abuild- (2) Special situations. ing permit is required. (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 3, (a) Where two (2) sign faces are placed 8 11-94) back to back and are at no point more than three (3) feet apart, it shall be counted as one sign. Sec. 6-116. ldieasureffient deterffiinations. (b) If a sign has four (4) faces arranged in (A) Facade area. The facade area shall be mea- a square, rectangle or diamond, it shall scared by determining the area within atwo-di- be counted as two (2) .signs. mensional geometric figure coinciding with the (D) Sign height. The height of a sign shall be edges of the walls, windows, doors, parapets, mar- measured as the vertical distance from the fin- quees, and roof slopes of greater than forty-five fished grade, excluding berms, at the base of the (45) degrees that form a side of a building or unit. supporting structure to the top of the sign, or its (B) Sign area. frame or supporting structure, whichever is high- (1) Generally. The area of a sign shall be the er. area within the smallest square, rectangle, (Ord. No. 24-93, § 2, 10-14-93) parallelogram, triangle, circle or semicir- cle, the sides of which touch the extreme Sec. 6-117. Design, construction, and loca- j points or edges of the sign face. tion standards. (2) Special situations. (A) Generally. All permanent signs must com- (a) Where a sign is composed of letters at- ply with the following design, construction and i ~ tacked directly to a facade, window, location standard. ~ j~! Supp. No. 8 398.14 Chapter 9 COUNTRY CLUB* Art. I. In General, 9-1-9.15 Art. II. Administrative Board, 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. 559 ~'I , COUNTRY CLUB § 9.2 ARTICLE. I. I1V GENERAL b. Other areas at the North Palm Beach Country Club, including the clubhouse, Sec. 9.1. Premises-General regulations. tennis facilities, swimming pool area No person, other than village employees or per- and winter club except during daylight sons authorized by the village, on the premises of hours and during the hours of one (1) the North Palm Beach Country Club, including hour after sunset and one (1) hour be- the North Palm Beach Country Club Golf Course, fore sunrise as the premises are lighted tennis club and tennis facilities, driving range, and use thereof has been expressly ap- swimmingpool area, dining room, bar, winter club proved by the village for the country facilities and all other premises included within club restaurant, bar facilities, swim- the property acquired by the village as part of the ming pool area, tennis courts, golf course, driving range and the winter North Palm Beach Country Club, both under the original purchase and under the option by which club. The opening and closing hours for it acquired the tennis club area, shall: such latter areas shall be posted at the main entrance to the facilities for public (1) Disfiguration and/or removal of building information. One (1) hour after sunset and other property. and one (1) hour before sunrise, all por- a. Willfully mark, deface, disfigure, in- bons of the North Palm Beach Country jure, tamper with or displace or remove Club which are not lighted and per- any building, paving or paving mate- muted for use as described above shall rials, lawn, sod, water line or other be closed to the public, and no person public utilities, parts of appurtenances or persons shall walk or be upon any thereof, signs, notices or placards, portion of the country club premises whether temporary or permanent, or which is closed to the public during any other structures, equipment, facil- those hours. hies or country club property or appur- (Ord. No. 5-80, § 1, 3-13-80) Editor's note-Ordinance No. 5-80, § 1, adopted Mar. 13, tenances thereto, either real or per- 1980, amended the Code with the addition of a new § 9-21. sonal. However, in order to maintain Code format, the editor has b. Dig or remove or disfigure any of the redesignated the provisions as § 9-1. tee areas, fairways, greens or rough on the North Palm Beach Country Club Sec. 9-2. Same-Signs; enforcement; penal- Golf Course. ties. c. Damage, cut, carve, transplant or re- (a) The village manager shall place appropriate move. any tree or plant or injure the signs advising the public of the closing of country bark or pick the flowers or seeds of any club facilities at each entrance to the North Palm tree or plant. Nor shall any person at- Beach Country Club and at each of the North Palm tach any rope, wire or any contrivance Beach Country Club facilities main entrances. to any tree or plant. A person shall not dig in or otherwise disturb grassy areas (b) All employees at the North Palm Beach or in any other way injure or impair Country Club and the public safety department the natural beauty or usefulness of any and public safety office at the village shall, in area. connection with their duties imposed by law, dil- (2) Hours. Be physically present on: igently enforce the provisions of sections 9-1 and 9-2. The North Palm Beach Country Club Man- a. The golf course at the Village of North ager and all persons employed at the North Palm Palm Beach Country Club, including Beach Country Club shall have the authority to all tees, fairways, greens and rough reject from the country club premises any person areas during the period from one (1) acting in violation of sections 9-1 and 9-2. The hour after sunset to one (1) hour before North Palm Beach Public Safety Department and sunrise each day. any North Palm Beach Public Safety Officer shall Supp. No. G 561 § 9-2 NORTH PALM BEACH CODE have the authority to enforce sections 9-1 and 9-2 (b) Terms. The initial appointments to the seven and to arrest any persons trespassing upon the (7) member board shall be as follows: country club property in violation of the hours of (1) Four (4) members shall be appointed for a use and other provisions of sections 9-1 and 9-2. two-year term each. (c) Penalties. Violation of any provision of this (2) Three (3) members shall be appointed for a Code section shall be punished as provided in sec- three-year term each. tion 1-8 of this Code. (Ord. No. 5-50, § 2, 3-13-80) (3) Thereafter all appointments shall be made Editor's note-Ordinance No. 5-80, § 2, adopted Mar. 13, for a term of two (2) years each. 1980, amended the Code with the addition of a new § 9-22. At the editor's discretion, in order to maintain Code format, the The terms of the three (3) members of the board provisions have been redesignated as § e-2. whose expiration date is scheduled to be January 10, 1994, are changed to provide for an expiration date of October 1, 1993. The terms of the four (4) Secs. 9.3-9-15. Reserved. members of the board whose expiration date is scheduled to be January 10, 1995, are changed to provide for an expiration date of October 1, 1994. Hereafter, the village council shall make appoint- ARTICLE II. ADMINISTRATIVE BOARD* ments to the board in September of each year with terms to commence October 1 thereafter. Sec. 9-16. Created. (c) Vacancies. An appointment to fill any va- cancy shall be for the remainder of the unexpired A country club administrative board (hereinaf- term of office. ter referred to as the board) for the village- is (Ord. No. 39-90, § 2, 11-19-90; Ord. No. 18-93, § 1, hereby created. 7-22-93) (Ord. No. 39-90, § 1, 11-19-90) Sec. 9-18. Removal. Sec. 9-17. Composition; terms; vacancies. Members of the board shall serve at the plea- (a) Composition. The board shall be appointed sure of the village council and maybe removed at by the village council and shall consist of seven (7) any time with or without cause. If any member members who shall be residents of the village. fails to attend two (2) successive meetings without One (1) member of the board appointed October 1, a board's excused absence, the board shall declare 1993, shall be either a pool member or a tennis the member's office vacant and the village council member of the country club. One (1) member of shall promptly fill such vacancy for the unexpired the board appointed October 1, 1994, shall be ei- term of office. they the pool member or tennis member not ap- (Ord. No. 39-90, § 3, 11-19-90) pointed October 1, 1993. Commencing October 1, 1995, and thereafter at least one (1) member of Sec. 9-19. Officers' quorum; compensation. the board shall be a pool member of the country club, one (1) member of the board shall be a tennis At the first organizational meeting of the board, member of the country club and one (1) member of the members shall elect a chairman, vice chairman the board shall be a golf member of the country and secretary from among its members. Subse- club. quent to the initial organization meeting where officers are elected, the members shall elect the *Editor's note-Ordinance No. 39-90, adopted Nov. 19, officers .from among its members at the first reg- 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 ular meeting in October of each year. The pres- editor. ence of four (4) members shall constitute a quorum Cross reference-Administration generally, Ch. 2. and motions shall be approved by a majority of Supp. No. 6 562 COUNTRY CLUB § 9-32 members present. The members shall serve with- country club in accordance with the latest village out compensation. purchasing rules and regulations. The board shall (Ord. No. 39-90, § 4, 11-19-90; Ord. No. 18-93, § 2, review and keep itself informed as to issuance of 7-22-93) purchase orders. Sec. 9-20. 1Vleetings. (fl Evaluation of club administrator. The board shall review and evaluate the performance of the The board shall meet and shall schedule regu- country club administrator at least once annually lar meetings twice per month. In addition, the during the month of August. Said review and chairman may call special meetings and special evaluation shall be in accordance with specific meetings may be called by written notice signed criteria developed jointly by the board and club by at least four (4) members of the board. Minutes administrator. The board shall provide the club shall be kept of all meetings. Notice of all meet- administrator with an adequate opportunity to ings shall be posted in accordance with the pro- discuss this evaluation with the board. Annually, cedures established by the village council. All the board and club administrator shall define meetings shall be open to the public. The attorney goals and performance objectives which they de- for the village may give legal assistance to the termine necessary for the proper operation of the board as required. The board shall enact or adopt country club, and, in the attainment of the board's rules for the conduct of its meeting. All members policy objectives. These goals and objectives shall shall be apprised of the applicability of the "sun- be provided to the club administrator in writing shine law" to the board and its members. annually prior to April 15 and be reasonably (Ord. No. 39-90, § 5, 11-19-90) attainable within the time limits as specified. (Ord. No. 39-90, § 7, 11-19-90; Ord. No. 33-91, § 1, Sec. 3-21. Duties. 10-24-91; Ord. No. 13-93, § 1, 5-13-93; Ord. No. 43-97, § 1, 10-9-97) (a) Management and administration policies. The board shall implement the policies estab- lished by the village council and provide for the Sec. 9-22. Village manager. daily administration and operation of the country club and its various club activities. The board If a conflict or irreconcilable difference arises shall not in its management and administration between the country club manager and the board, of the country club discriminate between club either the club manager or the board may present members and village resident non-members which such conflict or difference to the village manager would favor the club members' accessibility to for resolution. club facilities. (Ord. No. 39-90, § 7, 11-19-90; Ord. No. 13-93, § 2, 5-13-93) (b) Country club administrator. The board shall meet with the club administrator on a regular gets. 9-23-9-31. Il,eserved. basis to coordinate and insure implementation of programs and activities by the club administrator at the country club. ARTICLE III. FINANCES (c) Village employees. The country club admin- istrator is responsible for evaluating all country Sec. 9-32. Delinquent accounts; penalties. club employees. (d) Capital improvement programs. The board (a) Effective November 1, 1971, all past-due shall review and approve all plans for capital charges for goods or services purchased at the improvements at the country club presented by country club shall carry a penalty of one and the club administrator. one-half (li/a) percent of the amount due for each thirty (30) days the account is past due on all (e) Purchase orders. The country club admin- accounts where the past-due indebtedness is ten istrator shall issue all purchase orders at the dollars ($10.00) or more. Supp. No. 14 563 § 9-32 NORTH PALM BEACH CODE (b) Effective November 1, 1971, all past-due membership fees at the country club shall carry a penalty of one and one-half {1~/z) percent of the amount past due for -each thirty (30) days the membership fee is past due on all accounts where the past-due indebtedness is ten dollars ($10.00) or more. (c) .All billings for membership fees and for goods or services purchased at the country club shall contain information advising the customer of the penalty charge for late payment, with at least athirty-day notice of such penalty. (d) In addition to the penalties set forth in paragraphs (a) and (b) of this section, any person whose account for membership fees or for goods and services purchased at the country club is delinquent beyond two {2) billing periods shall have his membership privileges suspended at the country club and shall no longer be entitled to purchase goods and services or to utilize the facilities at the country club until he has brought his account current. (Code 1970, § 10.5-40; Ord. Na. 211-70, § l; Ord. No. 9-71, § 9; Ord. No. 3-76, § 1, 3-11-76) [The next page is 615] Supp. No. 14 564 MOTOR VEHICLES AND TRAFFIC § 18-33 ARTICLE I. IN GENEI~L (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 iTEEHICLES GENERALLX* Sec. 18-19. Combat Auto Theft (CAT). Sec. 18-16. Speed limits-Gemmerally. (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) grogram is hereby established for the Village of North Palm Beach, Florida. The pro- per hour. 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. gr~, Eda'tor's gote--Ord. No. 5-98, § 2, adopted Feb. 12, 1995, (2) CAT program decals which conform to the repealed § 18-17, which pertained to speed limits, specific specifications, colors and design of the streets. See the Code Comparative Table. uniform CAT decal established by the Florida Department of Law Enforcement Sec. 18-18. i~Veight limitations on certaimm 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 State Road 703 decal. (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. 15 1173 i § 18-34 NORTH PALM BEACH CODE ARTICLE III. STOPPING, STANDING AND South Anchorage Drive .and Eastwind Drive PAR,HING* adjacent to the North Palm Beach Ele- mentary School property only during the Sec.. 18-34. Parking restricted. period starting one hour prior to and (a) Between the hours of 2:00 a.m. and 6:00 ending one hour after published school a.m. on streets where no curbing is provided, the hours inclusive. parking of a vehicle .shall not usurp more than Southerly most four hundred (400) feet of the twelve (12) inches of the paved portion of the westerly road right-of-way of Castlewood street. Drive adjacent to the First Church of Christ Scientist. (b) No person shall leave any truck, trailer, (Ord. No. 8-92, § 1, 6-25-92; Ord. No. 25-93, § 1, boat or any vehicle of a similar type parked upon 10-14-93; Ord. No. 19-96, § 1, 5-23-96) any public street or highway within the village Editor's note-Ordinance No. 8-92, adopted June 25, between the hours of 12:30 a.m. and 6:00 a.m. 1992, did not specifically amend this Code; hence, inclusion of § 1 as § 18-34.1 was at the discretion of the editor. (c) No truck in excess ofthree-fourths ton shall be parked at any time on public or private prop- Sec. 18-35. Recreational, boating and camp- erty in an R-1, R-2 or R-3 residential zoning ing equipment and personal rec- district unless making deliveries or picking up reational use trailers; parking on merchandise. residential property restricted. Exception: Vans with and without factory- Recreational, boating and camping equipment installed seats are excepted since vans with factory- in the form of travel and camping trailers, :boats installed seats are not vans in accordance with on trailers, boat trailers, motor homes, personal state law. recreational use trailers including motorcycle.and (Code 1970, 24-70, 39-24; Ord. No. 4-81, § 2, ~ vehicle trailers and vans,. designed and 3-26-81) used exclusively as temporary living quarters for recreation, for boating, for camping, for travel or Sec. 18-34.1. Vehicle, trailer or boat parking for other personal recreational use, may be parked prohibited upon paved or un- in the side or rear yard, or within completely paved area of the road right-of- enclosed garages on sites containing a single way of specific roadways. family or duplex residence, subject to the follow- The parking of any vehicle, trailer or boat is ing conditions: hereby prohibited upon. the paved- or unpaved (1) A maximum of two {2) pieces of .such area of the road right-of--way of those portions of equipment at a time shall be permitted on the following described roadways located within a site. the corporate limits of the Village- of .North Palm Beach, Florida: (2) Such parking shall be limited to such equipment owned or leased by the occu- State Road A-1-A; pant-owner or occupant-lessee of the site Prosperity Farms Road; .concerned. Exception: A guest of an occupant-owner U.S. Highway # 1 {SR #5); or occupant-lessee may park this equip- Northlake Boulevard; merit in the front Yazd for not more than 800. Block of Lighthouse Drive; five (5) days in any fourteen-.day period. North Anchorage Drive from Eastwind Drive to (3) The location for such parked equipment shall be in the rear -yard or in the side U.S. #1 (SR #5); yard to the rear of a line established by •Cross reference-Pazking near a fire station or hydrant the front building line adjacent to the side restricted, § 12-2. yard where the equipment is located; pro- i Supp. No. 15 1174 MOTOR VEHICLES AND TRAFFIC § 18-38 vided, however, that on corner lots such include any type of business or activity equipment shall not be parked on the side which is conducted on or off the subject yard which faces a public street. premises. (4) Such equipment shall, at all times, have (Code 1970, § 30-1; Ord. No. 26-72, § 1; Ord. No. attached a current vehicle license plate. 11-79, § 1, 6-14-79; Ord. No. 27-93, § 1, 12-9-93; Ord. No. 38-97, § 1, 2-28-97) (5) When parked on the site, such equipment shall not be used for living or sleeping Sec. 18-36. Parking in violation of signs. quarters or for housekeeping or storage It shall be unlawful, when signs have been purposes and shall not have attached erected giving notice thereof, to stop, stand or thereto any water, sewer,. electric or gas park a vehicle in violation of signs regulating or service connection. prohibiting the stopping, standing or parking of Exception: Guest equipment as defined in vehicles. subsection (2). Sec. 18-37. Violations; fines-Handicap (6) Such equipment shall not exceed the max- spaces. imam length, width, height and weight The fine for stopping, standing or parking in permitted under applicable provisions of handicap parking spaces in violation of F.S. see- the motor vehicle laws of the State of tions 316.1955, 316.1956 shall be in the amount of Florida; provided, however, the maximum one hundred dollars ($100.00). length shall not exceed thirty (30) feet (Ord. No. 32-90, § 1, 8-9-90) and the maximum height shall not exceed Editor's note-Ordinance No. 32-90, adopted Aug. 9, ten (10) feet. 1990, did not specifically amend this Code; hence, inclusion of (7) Such equipment shall be secured so that § 1 as § 18-37 was at the discretion of the editor. it will not be a hazard or menace during Sec. 18-38. Sanxe-I~Ton-handicap spaces. high winds or hurricanes. At least four (4) hurricane ground anchors shall be avail- The fine for stopping, standing and parking a able at each site for each piece of equip- vehicle in violation of provisions, other than hand- ment where such equipment is stored icap parking. provisions, of this article shall be in the amount of twen five dollars ($25.00). pursuant to this Code. ~'- (Ord..No. 40-90„ § 1, 12-13-90; Ord. No. 5-96, § 1, (8) All such equipment, when parked in the 1-25-96) side yard, shall be visually screened from Editor's note-Ordinance No. 40-90, adopted Dec. 13, the view of adjacent prOpertieS and street 1990, did not specifically amend this Code; hence, inclusion of right-of--ways with an opaque wall, fence, § 1 as § 18-38 was at the discretion of the editor. gate or hedge to a height of six (6) feet and length and width of such equipment. A wall,. gate or fence shall not exceed six (6) feet in height when located in any build- ing setback area. (9) The village council finds that, as a matter of fact, recreational and camping equip- ment is a customary accessory use of the land in R-1 and R-2 zoning districts in the village. (10) Such parked equipment shall not be used in the course of any commercial activity. For this purpose, commercial activity shall [The next page is 1225] Sapp. No. 15 1175 ,l 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 in required in the application. such form as maybe established by the recreation (Code 1970, § 25-19; Ord. No. 201-69, § 8) 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 division. (1) The name and address of the applicant. (2) The name and address of the person, cor- (b) Any aggrieved person shall have the right poration or association sponsoring the ac- to appeal, in writing, within five (5) days to the tivity, if any. village council, which shall consider the applica- tion under the standards set forth in section 20-34 (3) The day and hours for which the permit. is and sustain or overrule the recreation director's desired. or village manager's decision within seven (7) (4) The park or portion thereof for which such days. permit is desired. (c) The decision. of the village council shall be (5) An estimate of the anticipated attendance. final. (6) Any other information which the recce- (Code. 1970, § 25-20; Ord. No. 201-69, § 9) ation director shall find reasonably neces- sary to afair determination as to whether a Sec. 20-36. Revocation. 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. RECREATION ADVISORY ment of the park. BOARD* (2) That the proposed activity or use will not unreasonably interfere with or detract from Sec. 20-61. Created. the promotion of public health, welfare, 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. *Editor's note-Ordinance No. 5-92, adopted April 23, (4) That the proposed activity Wlll riot eritall 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. pease or pollee Operation by the village. Cross reference-Department of recreation, § 2-110. Supp. No. 10 1293 i § 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 I~ by the village council and shall consist 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. 2U-65. Meetings. (b) arm. 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 efi'ective 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. 12) The terms of three {3) members shall ex- Notice of all meetings shall be posted in accor- pire 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 an advisory aapac- (e) Alternates. The two:(2):alternates shall each ity to the village council :and make recommenda- serve one (1) year terms. Alternate members of tions as to present and future recreation activi- the board -shall be appointed on the same -day that ties, planning, recreation programs, .capital regular members are appointed. Alternate mem- improvements .and facilities and other :matters bens shall be appointed as first alternate and relating to the overall recreational .activity of the _ second alternate and shall serve in that order village. The board is not charged with the .duty of when required. ascertaining costs or method of implementation of (Ord. No. 5-92, § 2, 4-23-92; `Ord. No. 17-95, 1, their ;proposed .plans; however, the board should 2; 6-22-95) consider the needs =of all residents of the village. The .board -shall have the power to call upon the Sec. 20-63. Removal. village manager, or :his designee, for information .and advice. The board's recommendations to the Members of :the board shall serve .at the plea- village council -shall !be in writing and shall state sure of the village council and maybe removed at the basis or reasons for ouch recommendations. any time with or without cause. Ord. No. 5-92, § 3, 4--23=92) (b) The board shall also perform :any other duties which may be assigned to it by the village See. 20-64. ~Offi'teers' quorum;<compensation. council .and the board shall act within-thirty (30) days of the date of reference, unless -the village At the-first organizationaimeeting of the board, council otherwise states.- the members shall elect a chairman, vice presi- Ord. No. 5-92, § 6, 4 23-92) dent and secretary -from among its members. Subsequent to the initial organizational meeting where officers are elected, the members shall elect " the officers '.from among its :members at the first regular meeting in May of .each year. The Ares- ence of -three (3) members shall constitute a [The next page is -1343) Supp. No. 10 .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 f70) per- cent of such premiums shall be used as the basis for the two-percent excise tax referred to herein. ARTICLE II. INSURANCE EXCISE TAXES (c) The excise or license tax shall be payable Sec. 26-16. Casualty insurance premiums. wally on the first day of March of each year. (Code 1970, § 38-20) (a) In accordance with F.S. section 185.08, the village does hereby assess and impose on every 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 eight (8) 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 a1T 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) an ordinance assessing and imposing the tax herein authorized. Sec. 26-30. Collection. (Code 1970, § 38-19) (a) The tax imposed and levied in section 26-29 Sec. 26-17. Property insurance premiums. shall be collected from the purchaser of such utilities services and paid by such purchaser for (a) In accordance with F.S. section 175.101, the use of the- village to the sellers of such the village does hereby assess and impose on electricity, fuel oil, metered gas and bottled gas every insurance company, corporation or other (natural liquefied petroleum gas or manufactured insurer now engaged in or carrying on, or who gas) at the time of the purchaser paying the shall hereafter engage in or carry on, the business charge therefor to the seller. of property insurance, as .shown by the records of the state treasurer in his capacity as state. insur- (b) The sellers of electricity, fuel oil, metered ance commissioner, an excise or license tax in gas and bottled gas (natural. liquefied petroleum addition to any lawful license. or excise tax now gas or manufactured gas) within the corporate levied by the village amounting to two (2) percent limits of the village shall act as the tax collection of the gross amount of receipts of premiums from mediums or agencies for the village, and they policyholders on all premiums collected on prop- shall collect from the purchasers of such utilities erty insurance policies covering property within *State law reference-Public service tax authorized, F.S. the corporate limits of the village. § 1ss.231. Supp. No. 14 1629 l l TREES AND SHRUBBERY § 27-63 swale areas between the sidewalk and road pave- within a maximum of one (1) year after time of ment directly in front of the site. planting. (Code 1970, § 41-19(3); Ord. No. 14-71, § 1; Ord. No. 2-81, § 9, 1-22-81) (d) Vines. Vines shall be a minimum of thirty (30) inches in height, immediately after planting, and may be used in conjunction. with fences, Sec, 27.62. Plant material. screens or walls to meet. physical requirements as. (a) Quality. Plant materials used in conform- specified. ance• with. provisions of this article shall conform (e) Ground' covers. Ground covers used in lieu to the Standards for Florida 1Vo. 1 or better as of grass in whole or in part sfiall be planted in given in "Grad'es and'. Standards for Nursery sash a. manner as to present- a fina'shed!. appear- Plants, Part I,:1983,,; and Part Ii,; State: of Florida, ance and'. reasonably complete, coverage within Department ofAgrieultu~re, Tallahassee„ or equal'. three (3) months after planting,. thereto. Grass. sod shall. be: clean and'. reasonably free of weeds and noxious pests or diseases. Grass Laavn grass. G4~ass areas. shall. be planted in seed shall be delivered to the jobsite in bags with species grown as permanent lawns~in this county. state department of agriculture tags attached in_ Grass areas may be sod`d'ed;. pP~zgged, sprigged or dicating the seed grower's compliance with the seeded except that sold'sod shall be used in swales department's quality control program. or other areas subject to erosion, and providing that in areas where other than solid sod or grass (b) Tree species. Trees shall be species having seed is used, nursegrass seed shall be sown for an average mature spread of crown of greater than immediate effect and protection until coverage is fifteen (15) feet in this area or this county and achieved. having trunks which can be maintained in a clear (Code 1970, § 41-19(4); Ord. No. 14-71, § 1) condition over five (5') feet of clear wood. Trees having an average mature spread of crown less Sec. 27-63. Required landscaping adjacent to than fifteen (15) feet may be substituted by public rights-of--way. grouping the same so as to create the equivalent of a fifteen-foot crown spread. Palms shall be con- On the site of a building or structure or open lot sidered trees in accord with standards promul- use. providing an off-street parking area or other gated by the village council. Tree species shall be vehicular use area,: where such area. will not be a minimum of fifteen (15) feet overall height im- entirely screened. visually by an intervening mediately after planting. Trees of species whose building or structure from any abutting right-of- roots are known to cause damage to public road- way, .excluding. dedicated alleys, there shall be ways or other public works shall not be planted provided.Iandscapingb~tween such area. and right- closer than twelve (12) feet to such public works of way, as follows: unless the tree root system is completely con- tained within a barrier for which the minimum (1) A strip of land at least five (5) feet in depth interior containing 'dimensions shall be -five (5) located between the abutting right-of--way feet square and five (5) feet deep, and for which and the off-street parking area or other ve- the construction requirements shall be four-inch hicular use area which is exposed to an thick concrete reinforced with no, 6 road mesh (6 abutting right-of--way shall be landscaped, x 6 x .6) or equivalent. A list of such tree species such landscaping to include one (1) tree from shall be maintained. by the village for the guid- each fifty (50) lineal feet or fraction thereof. ance of the public. Such trees shall be located between the abutting right-of--way and off-street parking (c) Shrubs and hedges. Shrubs shall be a min- .area or other vehicular use area and shall imam of two (2) feet in height when measured be planted in a planting area of at least immediately after planting. Hedges, where re- twenty-five (25) square feet with amin- quired, shall be planted and maintained so as to imam dimension of at least five (5) feet. In form a continuous, unbroken, solid, visual screen addition, a hedge or other durable land- 1687 § 27-63 NORTH PALM BEACH CODE . scape barrier at least two (2) feet in height three (3) feet in height nor less than two (2) feet in shall be placed along only the perimeter of height to form a continuous screen between the such landscaped strip. If such durable bar- off-.street parking area or other vehicular use area rier is of nonliving material, for each five and such abutting property; .provided, however, (5) feet thereof, one (1) shrub or vine shall that that portion of such area not so screened be planted abutting such barrier but need which lies between the front building line and the not be spaced five (5) feet apart. Such shrubs rear line of the property shall be provided with a or vines shall be planted along the street hedge or other durable landscape barrier not side of such barrier unless they are of suf- greater than six (6) feet in height. or less than two ficient height at the time of planting to be (2) feet in .height to form a continuous screen be- readily visible over the top of such barrier. tween the off-street parking area or other vehic- The remainder of the required landscaped ular use area and such abutting property. Such areas shall be landscaped with grass, landscape barrier shall be located between the ground cover or other landscape treatment common lot line and the off-street parking area or excluding paving; provided, however, that other vehicular use area exposed to the abutting a nonliving durable wall maybe erected on property provided. the purpose of screening off- the perimeter of the required landscaped street parking area and other vehicular use areas area opposite the sidewalk or at any point is accomplished. If such barrier consists all or in at least three (3) feet from the sidewalk part of plant materials, such plant materials shall within this landscaped area. No such land- be planted in a planting strip of not less than two scape barrier wherever located under this and one-half (21/z) feet in width. In addition,. one subsection shall exceed three (3) feet in (1) tree shall be provided for each seventy-five (75) height or be less than two (2) feet in height. lineal feet of such landscape barrier or -fractional part thereof. Such trees shall be located between \ (2) All property other than the required land- the common lot line and the off-street parking ) scaped strip lying between the right-of--way area or other vehicular use area. Each such tree and off-street parking area or other vehic- shall be planted in at least twenty-five (25) square ular use area shall be landscaped with at feet of planting area with a minimum dimension least grass or other ground cover. of at least five (5) feet. Each such planting area (3) Necessary accessways from the public right- shall be landscaped with grass, ground cover or of-way through all such landscaping shall other landscape material excluding paving in ad- bepermitted to service the parking or other dition to the required tree. The provisions of this vehicular use areas and such accessways subsection shall not be applicable in the following may be subtracted from the lineal dimen- situations: sions used to determine the number of trees (1) When a property line abuts a dedicated required. alley, or to those portions of the property (Code 1970, § 41-19(5); Ord. No. 14.71, § 1) that are opposite a building or other struc- ture located on the abutting property. Sec. 27-64. Perimeter landscaping relating to abutting properties. (2) Where abutting property owners desire to share their parking lots, the requirements On the site of a building or structure or open lot of a perimeter hedge between the two (2) use providing anoff-.street parking area or other owners may be eliminated provided that the vehicular use area, where such areas will not be gross area of landscaping which has been entirely screened visually by an intervening eliminated is placed elsewhere in the building or structure from abutting property, that parking area, so that the total amount of ~ portion of such area not so screened which lies landscaped area will not be lessened by between the front edge of the property and the .eliminating the perimeter hedge. front building line shall be provided with a hedge (Code 1970, § 41-19(6); Ord. No. 14-71, § 1; Ord. or other durable landscape barrier not greater than No. 2-81, § 10, 1-22-81) 1688 TREES AND SHRUBBERY § 27-66 Sec. 27.65. Parking area interior land- (c) The front of a vehicle may encroach upon scaping. any interior landscaped area when such area is at least three and one-half (31/z) feet in depth per (a) Off street parking areas shall have at least abutting parking space and protected by wheel ten (10) square feet of landscaping located within stops or curbing. Two (2) feet of such landscaped the perimeter of the parking area for each parking area may be part of the required depth of each space excluding those spaces abutting a perim- abutting parking space. eter for which landscaping is required by other (Code 1970, § 41-19(7); Ord. No. 14-71, § 1; Ord. sections hereof. In addition, other vehicular use No. 2-81, 11, 12, 1-22-81) areas shall have one (1) square foot of landscaped area for each one hundred (100) square feet or fraction thereof of paved area for the first fifty Sec. 27.66. Sight distance for landscaping ad- thousand (50,000) square feet excluding the first jacent to public rights•of-way and five thousand (5,000) square feet of paved area points of access. plus one square foot of landscaped area for each two hundred (200) square feet or fraction thereof At any place within the corporate limits of the of paved area for all paved area over fifty thou- village, when an alley, service lane, service road sand (50,000) square feet; provided, however, in areas zoned for industrial use these requirements or private driveway intersects a public right-of--way shall be reduced by fifty (50) percent. Where the or when the subject property abuts the intersec- property contains both parking areas, and other tion of two (2) or more public rights-of--way, the vehicular use. areas, the two (2) types of areas may landscaping or any solid installation within the be separated for the purposes of determining the triangular areas described below shall provide un- other vehicular use area by first multiplying the obstructed cross-visibility at a level between three total number of parking spaces by four hundred (3) feet and six (6) feet; provided, however, trees or (400) and subtracting the resulting figure from palms having limbs and foliage trimmed in such a the total square footage of the paved area. Each manner that no limbs or foliage extend into the separate landscaped area shall contain amin- cross-visibility area shall be allowed, provided they imum of fifty (50) square feet and shall have a m'e so located so as not to create a traffic hazard. minimum dimension of at least five (5) feet and Landscaping except required grass or ground cover shall include at least one (1) tree having a clear shall not be located closer than three (3) feet from trunk of at least five (5) feet, with the remaining the edge of any accessway pavement. The trian- area adequately landscaped with shrubs, ground ~laz' areas above referred to are: cover or other authorized landscaping material not to exceed three (3) feet in height. The total (1) The areas of property on both sides of an number of trees shall be not Less than one (1) for alley, service lane, service road or private each one hundred (100) square feet or fraction driveway formed by the intersection of each thereof of required interior landscaped area. Such side of the alley, service lane, service road interior landscaped areas shall be located in such or private driveway and the public right- a manner as to divide and breakup the expanse of of-way line with two (2) sides of each tri- paving. angle being ten (10) feet in length from the point of intersection and the third side being (b) In other vehicular use areas where the strict aline connecting the ends of the two (2) application of this section will seriously limit the other sides. function of such area, the required landscaping may be located near the perimeter of the paved (2) The area of property located at a corner area including such perimeters which maybe ad- formed by the intersection of two (2) or more jacent to a building on the site. Such required public rights-of--way with two (2) sides of interior landscaping which is relocated as herein the triangular area being thirty (30) feet in provided shall be in addition to the perimeter land- length along the abutting public right- scaping requirements. of-way lines, measured from their point of 1689 § 27-66 NORTH PALM BEACH CODE 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) Sec. 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 ad- just the application of the above mentioned Stan- dards to allow credit for such plant material if,~in, its opinion, such an adjustment is in 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) 1 [The next page is 1739] 1690 APPENDIX C-ZONING § 45-36 other similar institution to the boundary made or taken from the main front of the lot or premises where the existing entrance or entrances of such church, station is erected. public or private school, hospital, M. Building height regulations. park or playground, or a place of (1) Within the area of the Village of business of another licensed retail North Palm Beach which lies north seller of alcoholic beverages, to the of the Intracoastal Waterway and main front entrance of the applicant's west of U.S. Highway No. 1, no build- proposed place of business along the ing or structure shall exceed sixteen route of ordinary pedestrian traffic. (16) stories or one hundred sixty (3) The restrictions of section 45-36N.(1) (160) feet. shall not apply to the sale of beer, ale (2) Within the area of the Village of or wine at retail, not to be consumed North Palm Beach which lies north on the premises. of the Intracoastal Waterway and (4) The restrictions of section 45-36N.(1) shall east of U.S. Highway No. 1, no build- not apply to any bona fide restaurant as ing or structure shall exceed twenty- defined and licensed under Florida Stat- two (22) stories or two hundred utes as a restaurant with full kitchen. twenty (220) feet. facilities, regardless of size or seating (3) Within the area of the Village of capacity, where alcoholic beverages are North Palm Beach which lies south. served solely as an accessory use to the of the Intracoastal Waterway and restaurant and only when such restau- east of U.S. Highway No. 1, no build- rant is open for the sale and service of ing or structure shall exceed four (4) food; provided, however, that the provi- stories or forty (40) feet. lions of this subparagraph (4) shall not (4) Within the area of the Village of permit a license to be issued to a restau- North Palm Beach which lies south rant that sells alcoholic beverages within and west of the Intracoastal Water- one thousand (1,000) feet of a church, way and west of U.S. Highway No. 1, public or private school, hospital, public no building or structure shall exceed park or public playground. four (4) stories or forty (40) feet. (5) Nothing in section 45-36N.(1) shall pro- N. Location of business for retail sales of hibit the conduct of licensed retail sales of alcoholic beverages. alcoholic beverages within one thousand (1) No licensed retail sales of alcoholic bever- (1,000) feet of the North Palm Beach ages shall be carried on where the pro- Country Club. posed place: of business is within one thousand (1,000) feet of a church, public O. Xeriscape landscaping practices. Properties or private school, hospital, park or play- within all zoning districts are encouraged to uti- ground, or a place of business of another lize xeriscape landscaping practices to simulta- licensed retail seller of alcoholic bever- neously enhance the appearance of the property ages; provided further, that no licensed while requiring less. water and energy. Xeriscape retail sales of alcoholic beverages shall be practices in the village shall be based on the latest carried on in the C-3, Regional Business published South Florida Water Management Dis- District, where the proposed place of busi- trict xeriscape manual. ness is within five hundred (500) feet of a church, synagogue, temple or other place P Maximum floor-area ratio. Maximum gross of worship. floor area ratios for commercial development within (2) The measurement provided above for the area of the village defined by PGA Boulevard one thousand (1,000) feet shall be on the north, Lake Worth on the east and the Supp. No. 15 2510.5 i § 45-36 NORTH PALM BEACH CODE Intracoastal Waterway on the south and west Object. A material thing. of functional, aes- shall be limited as follows: retail - 0.25; profes- thetic, cultural, historical or scientific value that sional office - 0.35; and mixed-use - 0.35. maybe, 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.1Vo. 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, 3, 4, 2-27-97; Ord. No. 2-98, § 1, 1-8-98) nearly as practicable to its condition prior to the damage, deterioration, or decay. Sec. 45-37. historic site overlay district. Original appearance. That appearance (except A. Purpose. The historic site overlay district is for color) which, to the satisfaction of the village used to impose special development restrictions council, closely resembles the appearances of ei- on identified areas. The locations of this overlay they: district are established by the Village based on the need for special protective measures at those (1) The feature on the building as it was originally built or was likely to have been locations. The historic site overlay district im- built, or .poses different standards than those that would otherwise apply. (2) The feature on the building as it presently exists so long as the present appearance B. Definitions. [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 form of human activity. This may refer to a house, C. Creation of local register of historic sites. A barn, garage, church, hotel, or similar structure. local register of historic sites is hereby created as Buildings may refer to a historically or architec- a means of identifying and classifying various turally related complex, such as municipal build- sites, buildings, structures, objects and districts ings, or a house and barn. Parking lots and as historic and/or architecturally significant. The garages are hereby deemed to be "buildings." local register will be kept by the director of public services. Cultural resource. Asite, object,structure, build- ing or district listed in the V'illage's register of historic sites. D. Initiation of placement on local register. 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 tore, 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 ment, Florida Department of State, are hereby association or history. placed on the local register. Supp. No. 15 2510.6 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, through the use of maps, lists or other means, those build- ings, objects or structures which are clas- sifted as contributing to the historical significance of the district. Supp. No. 15 2510.7 1 ~,I 1. STATITTORY 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 27-31 185.08 26-16 1.01 et seq. 1-2 203.012 26-51 eh. 22F App. B, Art. II, § 203.012(5)(b) 26-51 36-10 ch. 205 Ch. 17, Art. II ch. 39 App. C, § 45-2 205.043(2), Ch. 50 2-181 205.043(3) 17-24, 17-25 50.041 2-181 205.053 17-20 50.051 2-181 205.192 17-22 ch. 98 Ch. 10 210.03 17-33 ch. 101 10-7 ch. 212 26-53 161.55(1)(d) 6-156 ch. 252 Ch.8 161.041 6-153 253.125 7-19 161.053 6-154 280.02 2-4 162.12(2) 2-180 316.008 Ch. 18 ch. 163 12.5-1 316.1955,316.1956 18-37 21-1 320.01(1) 14-37 21-11 ch. 327 Ch.5 21-43, 21-44 335.065 App. B, Art. 1V, § App. B, Art. I, § 36-29.1 36-2, App. B, Art. I, § 337.401(3) 28-3 36-4 342.03 Ch.5 App. B, Art. II, § ch. 373 19-200 36-16 ch. 380 21-44 App. B, Art. VI App. B, Art. II, § 163.01 2-4 36-10 163.161 et seq. 21-O1 380.04 21-103 ch. 163.170, App. B, Art. II, § 393 App. C, § 45-2 §163.3164(17) 36-10 ch. 394 App. C, § 45-2 163.225(3)(a)--(c) 5-86 ch. 400 App. C, § 45-2 163.295 6-150 ch. 401 11.5-21 163.3161 et seq. Ch. 21, Art. II ch. 402 App. C, § 45-2 163.3177 21-44 App. C, § 45-34.1 163.3178 6-155 402.302(4), 21-44 402.302(5) 17-33 ch. 166 6-16 ch. 403 19-117 Ch. 24 ch. 419 17-33 Ord. No. 2478 § 3 App. C, § 45-2 166.021 Ch. 17, Art. II ch. 472 App. B, Art. I, § 36-6 166.221 17-34 ch. 480 App. C, § 45-2 166.231 Ch. 26, Art. III 553.73 6-154 ch. 170 21-2 11-11 170.01 Ch. 24 553.73(2) 6-2 ch. 175 2-167 561.01 3-1 175.101 26-17 561.01 et seq. Ch. 3 ch. 177 App. B, Art. I, § 36-2 563.01 3-1 App. B, Art_ II, § 564.01 3-1 36-8 565.01 3-1 App. B, Art. II, § 633.35 2-159 36-15 ch. 650 Ch. 2, Art. V, Div. 2 App. B, Art. IV, § 2-136 36-27 650.02 2-136 ch. 185 2-167 ch. 760 App. C, § 45-2 Supp. No. 14 2819 NORTH PALM BEACH CODE Section Section this Code ch. 847 App. C, § 45-20 870.041-870.048 8-16 872.05 2-104 943.14 2-159 943.25(13) 1-9 I I [The next page is 2869) Supp. No. 14 2820 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(N)(1) 35-96 8-22-96 1 App. C, § 45-34.1(9) 37-96 9-26-96 1 17-33 38-96 10-10-96 1 19-202 43-96 12-26-96 1-4 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 45-31.1(G)(4) 48-96 12-12-96 1 45-33(E)(2) 1-97 1- 9-97 1 45-34.1 3-97 1- 9-97 1 45-36 L 6-97 1-23-97 1-3 11.5-21-11.5-23 7-97 1-23-97 1 14-30 9-97 2-13-97 1 11-11 10-97 2-27-97 1-4 App. D 11-97 2-27-97 1 12-16 12-97. 2-27-97 1 Added 45-21 2 45-2 3, 4 45-36 15-97 2-27-97 1 28-1 16-97 3-13-97 1 2-16 23-97 5- 8-97 1 2-116 2 Added 2-118 30-97 7-10-97 1 Rpld App. C, § 45-34 31-97 7-10-97 1(Exhibit A) Added App. C, § 45-32.1 32-97 7-10-97 1 Added App. C, § 45-34 33-97 7-10-97 1 App. C, § 45-16 35-97 8-14-97 1 21-44 37-97 8-28-97 1 6-113(B)(23) 38-97 8-28-97 1 18-35 41-97 9-25-97 1 26-29 2 26-31 42-97 9-25-97 1 26-51 2 26-53 43-97 10- 9-97 1 9-21 44-97 10- 9-97 1 2-40 2 2-43 Supp. No. 16 2885 NORTH PALM BEACH CODE Adoption Section Ord. No. Date Section this Code 1-98 1- 8-98 1 App. C, § 45-33(intro 9I) 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) LThe next a e is 2933] _ P g Supp. No. 16 2886 CODE INDEX Section Section A ALARMS-Confd. 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-L15 Boat launching area; abandoned boats System standards 19-219 and equipment 5-36, 5-37 Telephone trunk lines Generally 5-8 Interference with public safety depart- Dogs, other animals _4-10 went telephone trunk lines prohib- ACTS BY AGENTS ited 19-215 Definitions and rules of construction 1-2 Violation and penalty 19-214 ADMINISTRATIVE CODE ALCOHOLIC BEVERAGES Bonds required of certain officers 2-42 Consumption on playgrounds and public Definition 2-39 parks 3-3 Departmental organization 2-40 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), 45- form of oath 2-41(c) 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- AMU$EMENTSANDAMUSEMENTPLACES 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 1VIolesting 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. 13 235 i NORTH PALM BEACH CODE _ E i ,_n Section Section ANIMALS AND FOWL-Confd. APPEARANCE PLAN (Appendix A)--Confd. Running at Iarge Participation and incentives VI Cats 428(c) Statement of policy II Dogs on property of others.......... 428(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- removalof~vaste 4-31 jectto............................. 21-104 Waste-removal implements, persons Certificate to dig 21-105 walking dog to carry 4-32 Cost 21-I06 Defmitions . . 21-103 Enforcement General enforcement 4-5 Hearing................................ 21-108 Hindering enforcement 4-4 Intent.................................. 2I-101 Fight, causing animals to 4-8 purpose................................ 21-101 Keeping certain animals prohibited; excep- Violations and penalties 21-108 tion 4-6 ASSEMBLIES Killing 4-3 Civil disorders and disturbances; mayor Molesting songbirds or domestic pets..... 4-9 designated local authority for preser- Noise control policy re animal noises 19-107 vation of public peace 8-16 .Nuisances, animals creating 4-12 Meetings of boards and commissions; ad- Poisoning 4-3 journment of 2-3 Rabies control Meetings of specific boards, etc. See spe- Death or destruction, reporting........ 4-46 cific subjects Muzzles; when required 4-45 park and recreation area; meetings and Rabid animals atherin s g g 20-22 et seq. Confinement 4-43 See: PARKS, PLAYGROUNDS AND Duty to report; impounding......... 4-44 RECREATION Nuisance, declared 4-42 ~ `t'°~' ATLANTIC OCEAN ANNEXATION Bulkheads and seawalls; regulations gov- ---- Planning and development; filing fees and erning construction 5-84 cost for voluntary annexation of land 21-2 ANTENNAE B Zoning regulations 45-21 BATHING Diseased persons prohibited from bathing APPEARANCE PLAN (Appendix A) in public pools, etc 19-3 (Note-Section citations contained herein refer to section citations found within BICYCLES Appendix A) Park regulations 20-6 Administration V Subdivisions, required .improvements re Areas of jurisdiction III bikeways.......................... 36-29.1 Basis . I BILLBOARDS. See: SIGNS AND BILL Criteria for appearance BOARDS Building and site to adjoining area, re- lationship of _ IV(B) BIRDS. See: ANIMALS AND FOWL Building design N(D) BLOCKS Buildings to site, relationship of....... IV(A) ` Evaluation, factors for IV(H) Subdivision design standards 36-18 Landscape and site treatment IV(C) Maintenance-planning and design fac- tors IV(G) Miscellaneous structures and street hard- ware PJ(F) - Signs IV(E) Definitions VIII Maintenance for good appearance Buildings and appurtenances.......... VII(B) Public property VII(C) ' Site VII(A) ``~~.-. Supp: No. 13 2936 CODE INDEX Section Section BOARDS, COMMITTEESAND COMMIS- BOATS, DOCKS AND WATERWAYS SIONS. See: DEPARTMENTS AND (Cont'd.) OTHER AGENCIES OF VILLAGE Docks and piers Construction in waters other than BOATS, DOCKS AND WATERWAYS Lake Worth and Atlantic Abandoned boats 5-8 Ocean, regulations govern- Anchoring and mooring ing 5-84 Limitation on anchoring and moor- Definitions 5-81 ing in prohibited area; mooring Generally 5-82 permit required 5-17 Lake Worth and Atlantic Ocean, Unlawfully anchored or moored ves- regulations governing con- sels struction in 5-85 Claiming of vessel by owner; pay- Minimum design requirements... 5-83 went of costs 5-22 Variances 5-86 Department of public safety to im- Erosion control structures pound 5-18 Construction 5-95 Owner to be notified upon impound- Control 5-96 ment 5-19 Definitions..................... 5-93 Procedure in event owner cannot Permitted, when 5-94 be found 5-20 Piers. See within this subheading: Reclamation of owner after sale.. 5-23 Docks and Piers Unclaimed vessel to be sold; cexti- Seawalls. See within this subhead- fication of sale 5-21 ing: Bulkheads and Seawalls Use of vessel for dwelling purposes in Definitions 5-1 prohibited area 5-24 Disturbing other boats 5-6 Authority of city to board boats violat- Exhibition boats exempted from certain ing provisions 5-16 restrictions..................... 5-4 Boat launching area Flood damage prevention provisions... 12.5-1 et seq. Abandoned boats and equipment See: FLOOD DAMAGE PREVEN- Disposition 5-36 TION Recovery 5-37 Health and sanitation requirements Designated; use restricted.......... 5-33 Cleanliness of docks 5-11 Permits required 5-35 Observance of village health and con- Repairs prohibited 5-34 duct rules.................... 5-10 Bulkhead lines 7-1 et seq. Pollution of waterways............. 5-13 See: BULKHEAD LINES Refuse disposal 5-12 Coastal construction code 6-151 et seq. Living aboard boats restricted 5-15 See: COASTAL CONSTRUCTION Marine sanctuaries CODE Designation of waters as marine sanc- Code enforcement board, applicability tuaries re 2-173 Area to be regulated 5-101(c) Construction requirements Areas designated 5-101(b) Bulkheads and seawalls Construction of provision 5-101(d) Compliance with provisions re- Definition 5-101(a) quired 5-69 Parking Inspection required 5-73 Boating equipment; parking on resi- Permitfee 5-72 dential property restricted 18-35 Specifications 5-71 Prohibited parking for vehicle, trailer Submission of plans and specifica- or boat upon paved or unpaved tions 5-70 area of the road right-of--way of Canals specific roadways 18-34.1 Canal crossings 5-60 Private docks, mooring without permis- Compliance with provisions re- sion 5-9 quired 5-56 Running engines, hours in residential Drainage canals 5-59 districts........................ 5-14 General requirements 5-57 Searchlights, use of 5-7 Navigation canals 5-58 Speed limits; wakes 5-2 Surety bond prerequisite to issu- Subdivision provisions re waterways 36-22 et seq. ante of building permit in See: SUBDIVISIONS (Appendix B) certain cases 5-61 Swimming in restricted waters 5-3 Supp. No. 16 2937 I NORTH PALM BEACH CODE Section Section BOATS, DOCKS AND WATERWAYS BUILDINGS (Cont'd.) (Cont'd.) Handicapped persons Water skiing 5-5 Accessibility to buildings; state law adopted 6-2 BOISTEROUS CONDUCT Housing code 15-1, 15-2 Noisy and boisterous 19-106 Landscaping......................... 27-31 et seq. BONDS See: LANDSCAPING Administrative code; bonds required of Minimum construction standards certain officers 2-42 Authority......................... 6-16 Canal construction; suretybond prereq- Codes adopted 6-17 uisite to issuance of building per- Violations and penalty......... _ 6-19 mit 5-61 Missiles, throwing 19-83 Finance director, duties re , 2-59(7) Noise from building 19-.102 Treasure's duties re proceeds of bonds . 2-51(5) Obstructing passageway 19-47 Village manager 2-117 Outdoor displays. See herein: Signs and Outdoor Displays BRUSH. See: WEEDS AND BRUSH Park and recreation facilities; erecting buildings or structures 20-3 BUILDINGS Public land, construction on prohibited 6-1 Appearance code Public services department; division of Appeals and review 6-35 permits and inspections 2-85(1) Appearance plan 6-33 Signs and outdoors displays 6-111 et seq. Certificate of appropriateness See: SIGNS AND BILLBOARDS Final hearings 6-57 Smoke, dust, odors, liquids, etc........ 19-9 Follow-up by building inspector 6-60 Spitting in public places prohibited.... 19-5 Planning commission Stormwater management; level of fin- Action of 6-58 fished floor of structures......... 21-63 Approval by 6-59 Subdivision regulations 36-1 et seq. Preliminary consideration 6-56 See: SUBDIVISIONS (Appendix B) 1 Definition.... 6-31 Swimming pools 25-1 et seq. Intent and purposes 6-32 See: SWIMMING POOLS Planning commission, powers and du- Zoning regulations 45-1 et seq. ties re 6-36 See: ZONING (Appendix C) Short title 6-30 Appearance plan (AppendixA). See that BULKHEAD PINES subject Code enforcement board, applicability Coastal construction code 6-151 et seq. re.............................. 2-173 See: COASTAL CONSTRUCTION Established; designated 7-1 CODE Filling operation beyond bulkhead line Code enforcement board, applicability prohibited 7-2 re 2-173 Filling permit Codes Application fees 7-19 Appearance code. See herein that sub- Application; issuance 7-18 ject Expiration date; renewal; revocation 7-20 Coastal construction code 6-151 et seq. Public hearing prerequisite to consid- Eleatrical code 11-11, 11-12 eration 7-17 Energy efficiency building code..... 6-150 Required 7-16 Fire prevention code 12-16, 12-17 Unlawful fill; removal 7-3 Housing code 15-1, 15-2 BULKHEADS Minimum construction standards Bulkheads and seawalls, construction Codes adopted 6-17 requirements re 5-69 et seq. Country club 9-1 et seq. See: BOATS, DOCKS AND WATER- See: COUNTRY CLUB WAYS Electrical code 11-11, 11-12 Energy efficiency building code BUSINESS REGULATIONS Adopted by reference 6-150 Ambulances 17-50, 17-51 Fire district 6-3 Businesses located outside village lim- Flood damage prevention 12.5-1 et seq. its See: FLOOD DAMAGE PREVEN- Application for certificate of regula- TION tion 17-34.2 Supp. No. 16 2938 CODE INDEX Section Section BUSINESS REGULATIONS (Cont'd.) CERTIFICATES Certificate of business regulation re- Appearance code; certificate of appropri- quired; basis of one year 17-34 ateness 6-56 et seq. Commercial vehicles, marking of 17-34.13 See: BUILDINGS Compliance by principal deemed com- Boats, docks and waterways; unlaw- pliance by agent 17-34.8 fully anchored or moored vessels Delinquency penalty 17-34.4 Unclaimed vessel to be sold; certifi- Doing business not covered by certif- cation of sale 5-21 icate of regulation 17.34-7 Businesses located outside village lim- Duplicate certificates of regulation.. 17-34.6 its, certificate of business regula- Duration 17-34.3 tions re 17-34 et seq. False statements See: BUSINESS REGULATIONS Certificate obtained void ab initio 17-34.7 Emergency medical services 11.5-21 Engaging in business without cer- Historic site overlay district; certificate tificate of regulation or un- of appropriateness 45-37(H) der certificate issued on 17-34.11 CIVIL DISORDERS AND DISTUR- Fee exemptions 17-34.10 BANCES Fee schedule 17-34.12 Half-year certificate 17-34.3 Mayor designated local authority for Issuance of certificate 17-34.3 preservation of public peace 8-16 Noncompliance of principal......... 17-34.8 CLERK Nonprofit enterprise, special permit Department of records, provisions re for 17-34.5 village clerk and deputy village Refund of fee 17-34.9 clerk........................... 2-67 et seq. Registration required 17-34.1 See: DOCUMENTS AND PUBLIC Renewal 17-34.4 RECORDS Suspension or revocation of certifi- cate 17-34.9 CLUBS When due and payable 17-34.3 Country club 9-1 et seq. Garage and other sales 17-61 et seq. See: COUNTRY CLUB 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 Nonhabitable major structures, struc- and water resources.......... 19-221 turalrequirements for........ 6-155(2) Zoning Public access 6-155(5) Location of business for retail sales Definitions 6-154 of alcoholic beverages......... 45-20(2), 45-36.N Flood damage prevention 12.5-1 et seq. C-3 Regional Business District... 45-34.1(9) See: FLOOD DAMAGE PREVEN- TION C Purpose 6-152 CABLE TELEVISION. See: TELEVISION References 6-156 Scope CAMPING Applicability 6-153(a) Recreational, boating and camping equip- Exceptions 6-153(b) went; parking on residential prop- Permits, application for 6-153(c) erty restricted 18-35 Title............... 6-151 CANALS CODE ENFORCEMENT BOARD Construction requirements 5-56 et seq. Alarm regulations, enforcement re 19-217 See: BOATS, DOCKS AND WATER- Applicability 2-173 WAYS Declaration of legislative intent 2-171 Definitions 2-172 CATS Enforcement procedure 2-175 Regulations enumerated 4-24 et seq. Fines; liens See: ANIMALS AND FOWL Appeals 2-180 Supp. No. 16 2939 - NORTH PALM BEACH CODE Section Section CODE ENFORCEMENTBOARD (Cont'dJ COUNTRY CLUB Copies of orders imposing fines..... 2-178(d) Administrative board Determination of amount of fine.... 2-178(b) Compensation 9-19 Duration of lien 2-179 Composition 9-17(a) Generally 2-178(a) Created........................... 9-16 Notices 2-181 Duties Reduction of fine 2-178(c) Finances 9-21(c) Hearing, conduct of 2-176 Management and administration. 9-21(a) Organization Rules and regulations 9-21(b) Attorney 2-174(c) Meetings 9-20 Officers; quorum; compensation 2-174(b) Officers' quorum 9-19 Qualifications and term............ 2-174(a) Removal 9-18 Powers 2-177 Terms 9-17(b) CODE OF ORDINANCES* Vacancies 9-17(c) Village manager 9-22 Altering Code 1-7 Finances Amendments 1-6 Delinquent accounts; penalties 9-32 Catchlines 1-3 premises Court cost Disfiguration and/or removal of build- Assessment of additional court costs ing or other property 9-1(1) for criminal justice education Enforcement 9-2 expenditures 1-9 Hours 9-1(2) Definitions and rules of construction 1-2 Signs 9-2 Designated and cited 1-1 Violations and penalties 9-2 References to chapters or sections..... 1-3 Repeal of ordinances, effect of......... 1-4 COUNTY Severability of parts 1-5 Definitions and rules of construction 1-2 i Village clerk, duties re recording ordi- 2-67(3) COURTS nances............ \ Violations and penalty 1-8 Court cost li Assessment of additional court costs COIN-OPERATED AMUSEMENTS for criminal justice education Proximity to schools restricted 19-4 expenditures 1-9 COMBAT AUTO THEFT (CAT) Establishment, regulations 18-19 D COMMITTEES, COMMISSIONS. See: DE- DECALS PARTMENTS AND OTHER AGEN- Combat Auto Theft (CAT) 18-19 CIES OF VILLAGE DEPARTMENTS AND OTHER AGEN- COMMUNICATIONS LIES OF VILLAGE Telecommunications service tax....... 26-51 et seq. Administrative code 2-39 et seq. See: TAXATION See: ADMINISTRATIVE CODE Appearance board. See: APPEARANCE COMPUTATION OF TIME PLAN (Appendix A) Definitions and rules of construction 1-2 Code enforcement board 2-171 et seq. CONCURRENCY MANAGEMENT Committees and boards generally; resi- dency requirements 2-1 Provisions enumerated 21-41 et seq. Country club administrative board 9-16 et seq. See: PLANNING AND DEVELOP- See: COUNTRY CLUB MENT Finance, department of 2-59 CONTRACTS AND AGREEMENTS See: FINANCES Finance director, duties re contracts... 2-59(3), (7) Fire and police retirement board oftrust- ees 2-164 et seq. COUNCIL. See: VILLAGE COUNCIL See: PENSIONSAND RETIREMENT Fire division 12-29 et seq. *Note-The adoption, amendment, repeal, omissions, effec- See: FIRE PREVENTIONAND PRO- tive date, explanation of numbering system and other matters TECTION pertaining to the use, construction and interpretation of this General employees retirement board 2-151 et seq. Code are contained in the adopting ordinance and preface See: PENSIONSAND RETIREMENT which are to be found in the preliminary pages of this volume. Library board 16-16 et seq. Supp. No. 16 2940 I CODE INDEX Section Section DEPARTMENTS AND OTHER AGEN- CIES OF VILLAGE (Cont'd.) Library, department of 2-93 Meetings of boards and commissions; adjournment of 2-3 • Meetings of specific boards, etc. See specific subjects Planning and development board of ad- justment 21-21 Planning commission 21-11, 21-12 Public safety, department of 2-75, 2-76 See: PUBLIC SAFETY DEPART- MENT Public services, department of 2-84, 2-85 See: PUBLIC SERVICES DEPART- MENT Records, department of 2-67 et seq. See: DOCUMENT AND PUBLIC RECORDS Recreation department 2-110 Recreation advisory board.......... 20-61 et seq. See: PARKS, PLAYGROUNDS AND RECREATION Reserve police force 23-42 et seq. See: POLICE Treasury department of 2-51 See: TREASURY DEPARTMENT Village council 2-16 et seq. DEVELOPMENTS. See: PLANNINGAND DEVELOPMENT DISABLED AND HANDICAPPED PER- SONS Buildings Accessibility to handicapped per- sons; state law adopted 6-2 Parking violations re handicap spaces . 18-37 DISTRICTS Fire districts 6-3 Zoning regulations 45-16 et seq. See: ZONING (Appendix C) DISTURBANCES. See: CIVIL DISOR- DERS AND DISTURBANCES Supp. No. 16 2940.1 1 CODE INDEX Section Section DOCKS. See: BOATS, DOCKS AND WATER- ELECTIONS (Cont'd.) WAYS Organization 10-63 DOCUMENTS AND PUBLIC RECORDS Polling place Department of records Designated 10-76 Deputy village clerk Policeman to be present 10-77 Appointment 2-65 Protest of election returns; inspection by Duties 2-69 canvassing boazd 10-12 Village clerk; duties Special. elections Election records, keeping........... 2-67(5) Notice of 10-4 Expiration of term, notice of 2-67(7) When held 10-2 Official seal, kee m 2-67(8) State laws p' g Record ordinances 2-67(3) Applicable state laws adopted 10-1 Village council Voting machines may be used; state law Keep records of council 2-67(2) applicable 10-7 Public council action 2-67(4) Village clerk, duties re keeping election Serve as clerk of council......... 2-67(1) records 2-67(5) Vital statistics, keeping 2-67(6) Village council to constitute canvassing Police division, duties re records......... 2-76(b)(1) board 10-11 Treasurer's duties re examination of depart- Voting machines may be used; state law mental books 2-51(2) aPPlicable......................... 10-7 Village clerk and deputy village clerk. See herein: Department of Records ELECTRICAL CODE Amendments, corrections, additions 11-12 DOGS Cade and wunty amendments adopted 11-11 Regulations enumerated 4-24 et seq. Code enforcement board, applicability re.. 2-173 See: ANIMALS AND FOWL DRAINAGE ELECTRICITY Stormwater management 21-61 et seq. Swimming pools; electrical equipment 25-8 See: STORMWATER MANAGEMENT ELECTRONIC AUDIO EQUIPMENT Subdivision design standards re easements and rights-of-way 36-22(b) Noise control 19-104 Zoning, surface water management EMERGENCIES C-3 Regional Business District 45-34.1(8) Ambulances 17-50, 17-51 DROUGHT Civil disorders and disturbances Water shortage emergencies 19-200 et seq. Mayor designated local authority for pres- See: WATER SHORTAGE EMERGEN- ervation of public peace.......... 8-16 CIES Emergency medical services Fees E Billing. and collection 11.5-23 Establishment 11.5-22 ELECTIONS Generally 11.5-21 Ballots Fire division 12-29 et seq. Direction for preparation 10-8 See: FIRE PREVENTION AND PRO- Public measure 10-10 TECTION Specifications; general and runoff elec- Water shortage emergencies 19-200 et seq. tions 10-9 See: WATER SHORTAGE EMERGEN- Candidacy CIES Candidates for office; qualifying 10-5 Preservation of notice of candidacy 10-6 EMPLOYEES. See: OFFICERS AND EM- Clerks. See herein: Inspectors and Clerk PLOYEES General elections, notice of 10-3 Inspectors and clerk ENCLOSURES. See: FENCES, WALLS, Appointment 10-58 HEDGES AND ENCLOSURES Compensation 10-61 Filling vacancy 10-60 ENERGY EFFICIENCY BUILDING CODE Good order, duty to maintain and report Adopted by reference.... 6-150 violations 10-62 Instruction prior to election 10-64 ENGINE EXHAUST Oath required 10-59 Noise control policy..................... 19-108 Supp. No. 14 2941 NORTH PALM BEACH CODE Section Section EROSION CONTROL STRUCTURES FINES, FORFEITURES AND OTHER PEN- Construction regulations 5-93 et seq. ALTIES See: BOATS, DOCKS AND WAfiER- Code enforcement beard; fines and liens 2-178 WAYS Code of ordinances, provisions re general penalty and continuing violations 1-8 EXCAVATIONS Parking violation 18-37, IS-3S Bulkhead lines 7-1 et seq. Pension and certain other benefits for fire See: BULKHEAD LINES and police employees Stormwater management.... 21-61 et seq. Board of trustees for; forfeiture of mem- See: STORMWATER MANAGEMENT bership on board for absenteeism. 2-164(b) Street excavations 24-16 et seq. Contributions; forfeitures 2-163(d) See: STREETS, SIDEWALKS AND PUB- LIC PLACES FIRE DIS'T'RICT Property within village designated ~ 6-3 EXCRETA FIRE PREVENTION AND PROTECTION Dog waste, removal provisions re 4-31, 4-32 Code enforcement board, applicability re.. 2-173 Department of public safety, provisions re F fire division 2-76(c) See: PUBLIC SAFETY DEPARTMENT FENCES, WALLS, HEDGES AND ENCLO- Fire division SURES Composition 12-30 Landscaping 27-31 et seq. Created;functions........,........... 12-29 See: LANDSCAPING Emergency medical technician volun- Swimming pool requirements............ 25-37, 25-38 tears 12-32 Equipment FINANCES Acquisition 12-52 Budget procedures 2.2 Fire alarm system 12-53 Country club, provisions re . _ 9-21(c), 9-32 Generally 12-51 Court cost Housing 12-54 Assessment of additional court costs for Private use of equipment 12-55 ~ xpendi- Tampering with equipment 12-56 ~'*i*n;*+al'ustice education e tares 1_g Impersonating fireman 19-8 Department of finance Motor equipment and members' cars des- Finance director; duties ignated emergency vehicles 12-31 ~ Audit accounts.. 2-59(1) Personnel Budget duties 2-59(4) Badges............................ 12-41 ~ Certify contracts. 2-59(3) Car insignia....................... 12-42 Custodian of bonds, contracts, etc... 2-59(7) Other officers acwuntable to chief... 12-39 Financial statements............... 2-59(5) Police assistance._ 12-43 Keep accounts 2-59(6) Special police powers............... 12-40 Prescribe form..................... 2-59(2) Volunteer firefighters, length of service Investments award plan for 2-170 et seq. Allowable investment activity for village See: PENSIONS AND RETIREMENT funds 2-4 Fire prevention code Pensipns and retirement. See also that Adopted by reference 12-16 subject Amendments 12-17 Length of service award plan for volun- teer firefighters 2-170 et seq. Pension and certain other benefits for fire and police employees 2-159 et seq. Pension and certain other benefits for general employees 2-146 et seq. Planning and development; filing fees .and cost for changes 21-1, 21-2 Social security 2-136 et seq. See: SOCIAL SECURITY Taxation. See that subject Treasury, department of 2-51 See; TREASURY DEPARTMENT Village manager 2-118 Sapp. No. 14 2942 CODE INDEX Section Section FIRE PREVENTION AND PROTECTION FLOOD DAMAGE PREVENTION (Cont'd.) (Cont'd.) Methods of reducing flood losses 12.5-4 Hazardous substances, cost recovery for Noncompliance, penalties for 12.5-11 cleanup, abatement and removal Statement of purpose and objectives... 12.5-3 of Statutory authorization 12.5-1 Authority of public safety depart- Variance procedure 12.5-24 ment 12-102 FLORIDA, STATE OF. See: STATE Cost reimbursement to village...... 12-103 Definitions 12-101 FOLLOWING, PRECEDING Exceptions for fire suppression ser- Definitions and rules of construction 1-2 vices 12-105 Late fee for failure to reimbursement 12-106 FORFEITURES. See: FINES, FORFEI- Records 12-104 TITRES AND OTHER PENALTIES Remedies 12-107 FOWL. See: ANIMALS AND FOWL Pension and certain other benefits for fire and police employees 2-159 et seq. FRANCHISES See: PENSIONSAND RETIREMENT Enumerated. See Appendix D Use of rights-of--way for utilities....... 28-1 et seq. FIREARMS AND WEAPONS See: UTILITIES Concealed weapons, carrying 19-184 Forfeiture; disposition 19-186 G Possession 19-183 Sales restricted GAMBLING Record of sales required 19-185(c) Animals, causing to fight 4-8 Specified weapons, display and sale GARAGE AND OTHER SALES of 19-185(b) Garage sales 17-61 Switchblade knives prohibited...... 19-185(a) permit required 17-62 Stench bombs prohibited 19-82 Violations and penalties 17-63 See: STENCH BOMBS GARBAGE AND TRASH FLOOD DAMAGE PREVENTION Abandoned, inoperative and junked prop- Abrogation and greater restrictions 12.5-8 erty Areas of special flood hazard Definitions 14-37 Basis for establishment 12.5-7 Disposition of property 14-48 Warnings regarding designations 12.5-10 Hearing Building official Procedure for hearing 14-45 Designated as flood damage control Request for hearing 14-44 administrator 12.5-21 Impounded property, redemption of. 14-51 Duties and responsibilities 12.5-23 Liability of owner or occupant 14-52 Definitions 12.5-5 Notices Development permit Content of notice 14-42 Required 12.5-22 Contents of public sale notice.... 14-49 Findings of fact 12.5-2 Notice of removal............... 14-47 Flood hazard reduction provisions Notice to remove 14-40 Coastal high hazard areas 12.5-44 Procedure 14-41 General standards Prima facie evidence of violation.... 14-39 Anchoring 12.5-41(1) Prohibited conditions; enumerated ex- Construction materials and meth- ceptions 14-38 ods 12.5-41(2) Public sale........................ 14-50 Enclosures below lowest floor 12.5-41(6) Removal of property from premises . 14-46 Mechanical and utility equipment 12.5-41(5) Responsibility for removal 14-43 Subdivision proposals........... 12.5-41(4) Boats; refuse disposal 5-12 Utilities 12.5-41(3) Garbage collection and disposal Regulatory floodways 12.5-43 Charges Sand dunes and mangrove stands 12.5-45 Commercial use property waste Specific standards disposal fees and collection Nonresidential construction...... 12.5-42(2) procedures 14-30 Residential construction......... 12.5-42(1) Fee for excess amounts from com- Interpretation 12.5-9 mercial establishments..... 14-28 Lands to which provisions applies..... 12.5-6 Generally 14-27 Supp. No. 16 2943 NORTH PALM BEACH CODE Section Section GARBAGE AND TRASH (Cont'd.) HITCHHIKING When and where paid........... 14-29 Prohibitions 19-6 Definition 14-23 HOME OCCUPATIONS Frequency of collection 14-26 Definitions 17-2(b) Garbage cans Kept covered 14-25 Effective date........................ 17-2(i) Required 14-24 Occupational licenses. See also that sub- Landscaping; refuse container areas... 27-41 ject Public services department Generally . 17-16 et seq. • Home occupation provisions Refuse disposal division............ 2-85(5) Affidavit of applicant required... 17-2(e) Weeds and brush 14-79 et seq. 17-2(g) See: WEEDS AND BRUSH Appeals . Requirement of occupational li- GATHERINGS. See: ASSEMBLIES tense 17-2(c) Permitted uses, home occupations as 17-2(a) GENDER Repeal of ordinances 17-2(h) Definitions and rules of construction 1-2 Standards 17-2(d) Violation of standards or conditions GUNS. See: FIREARMS AND WEAPONS deemed a Code violation......... 17-2(f) HORNS H Noise control 19-103 HANDBILLS HOUSING Distribution restricted 19-7 Boats, docks and waterways; anchoring and mooring HANDGUNS. See: FIREARMS AND Use ofvessel for dwelling purposes in WEAPONS prohibited area 5-24 HANDICAPPED PERSONS. See: DIS- HOUSING CODE ABLED AND HANDICAPPED PER- Adopted by reference 15-1 SONS Amendments 15-2 Code enforcement board, applicability HAZARDOUS SUBSTANCES re _ 2-173 Recovery of costs for cleanup, abate- ment and removal 12-101 et seq. I See: FIRE PREVENTIONAND 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 erty bathing in public pool, etc..... 19-3 Redemption of impounded property . 14-51 Boats, docks, etc., provisions re 5-10 et seq. Boats, docks and waterways; unlaw- See: BOATS, DOCKS AND WATER- fully anchored or moored vessels WAYS Department of public safety to im- Code enforcement board, applicability pound 5-18 re 2-173 Owner to be notified upon impound- Garbage and trash . 14-23 et seq. went...................... 5-19, 5-20 See: GARBAGE AND TRASH Dogs and cats 4-30 Park and recreation facilities; failure to INDECENCY AND OBSCENITY cooperate in keeping restrooms Adult entertainment establishments neat or sanitary 20-2 Zoning regulations re. See: ZONING i Rabies control 4-42 et seq. (Appendix C) See: ANIMALS AND FOWL Topless costumes 19-64 Weeds and brush 14-79 et seq. Vulgar language..................... 19-65 ~ See: WEEDS AND BRUSH Window ee in P P g 19-66 HEDGES. See: FENCES, WALLS, INSURANCE EXCISE TAXES HEDGES AND ENCLOSURES Casualty insurance premiums 26-16 Supp. No. 16 2944 CODE INDEX Section Section INSURANCE EXCISE TAXES (Cont'dJ LANDSCAPING (Cont'd.) Property insurance premiums......... 26-17 Required landscaping adjacent to pub- INTRACOASTAL WATERWAY lic rights-of--way 27-63 Marine sancta gn Scope, applicability 27-59 ary, desi ation as 5-101 Sight distance adjacent to public INVESTMENTS rights-of--way and points of ac- Allowable investment activity for vil- cess 27-66 lage funds 2-4 Certificate of completion.............. 27-35 Code enforcement board, applicability J re 2-173 Completed landscaping required for cer- JOINT AUTHORITY tificate of use and occupancy..... 27-37 Definitions and rules of construction 1-2 Definitions 27-31 Improved nonresidential properties in JUNK existence on September 23, 1971 Abandoned, inoperative and junked prop- Applicable requirements 27-40(b) erty 14-37 et seq. Exceptions........................ 27-40(c) See: GARBAGE AND TRASH Objectives 27-40(a) Planning commission, submission of K Plans to 27-40(d) Objectives 27-32 KNIVES. See: FIREARMS AND WEAP- Off-street parking landscape manual 27-38 ONS Plot use plan approval prerequisite to issuance of permits for building I, and paving 27-37 Refuse container areas 27-41 LAKE WORTH Scope; applicability 27-34 Bulkheads and seawalls; regulations gov- Weeds and brush 14-79 et seq. erning construction 5-84 See: WEEDS AND BRUSH Marine sanctuary, designation as 5-101 Zoning ordinance, conflict with........ 27-39 LAND LIBRARY Buildings; construction on public land Dama n ro er unlawful 16-1 ~ gP P tY prohibited 6-1 Department of library Planning and development 21-O1 et seq. See: PLANNING AND DEVELOP- Librarian 2-93 MENT Library board Subdivision regulations 36-1 et seq. Appointment...................... 16-17 See: SUBDIVISIONS (Appendix B) Compensation, service without 16-20 Composition 16-17 LANDSCAPING Established 16-16 Accessways 27-36 Meetings 16-23 Appearance plan (AppendixA). See that Organization 16-21 subject Powers and duties 16-22 Application of provisions; enforcement. 27-33 Qualifications 16-19 Certain yard areas, off street parking Removal from office 16-24 and other vehicular use areas Term of office 16-17 Existing plant material............ 27-67 Vacancies 16-18 Installation 27-60 Maintenance 27-61 LICENSES AND PERMITS Parking area interior landscaping 27-65 Alarm permit 19-208 et seq. Perimeter landscaping relating to See: ALARMS abutting properties 27-64 Boat launching area permits.......... 5-34 Plant material Boats, docks and waterways Ground covers 27-62(e) Limitation on anchoring and moor- Lawn grass 27-62(f) ing in prohibited area; mooring Quality 27-62(a) permit required 5-17 Shrubs and hedges 27-62(c) Bulkhead lines; filling permit......... 7-16 et seq. Tree species 27-62(b) See: BULKHEAD LINES Vines 27-62(d) Bulkheads and seawalls.............. 5-72 Sapp. No. 16 2945 NORTH PALM BEACH CODE Section Section LICENSES AND PERMITS (Cont'dJ LICENSES AND PERMITS (Cont'dJ Code enforcement board, applicability Public services department, division of re 2-173 permits and inspections......... 2-85(1) Driveways. See herein: Sidewalk and Seawalls. See herein: Bulkheads and Driveway Permits Seawalls Emergency medical services 11.5-21 Sidewalk and driveway permits 24-55 et seq. Flood damage prevention development See: STREETS, SIDEWALKS AND permit 12.5-22 PUBLIC PLACES Garage, related sales 17-62 Street excavation permits 24-28, 24-29 Home occupations. See also that subject Swimming pool construction permit 25-23, 25-24 Generally 17-16 et seq. Treasure's duties re permits and li- Occupational license for home oc- tenses 2-51(11) cupations 17-2(c) et seq. Utilities Noise control; special permits excepted 19-119 Use ofrights-of--way for utilities; writ- Occupational licenses ten permit 28-2, 28-3 Application for 17-18 Commercial vehicles, marking of 17-33.1 LOTS Compliance by principal deemed tom- Subdivision design standards 36-18 pliance by agent 17-29 Zoning regulations................... 45-1 et seq. Delin uenc enalt 17-20 See: ZONING (Appendix C) q Y P Y......... Doing business not covered by li- LOUDSPEAKERS tense 17-28 Noise control policy re loudspeakers and Duplicate licenses 17-27 Duration 17-19 devices for advertising 19-105 False statements Engaging in business without li- M tense or under license issued MANAGER. See: VILLAGE MANAGER on 17-32 License obtained by void ab initio 17-28 MANGROVE STANDS Half-year license 17-19 Flood damage prevention provisions... 12.5-45 Home occupations. See also that sub- ject MAPS. See: SURVEYS, MAPSAND PLATS Generally 17-16 et seq. MARINE SANCTUARIES Occupational license for home Designated 5-101 occupations 17-2(c) et seq. Issuance 17-19 MAY, SHALL Noncompliance of principal......... 17-29 Definitions and rules of construction 1-2 Nonprofit enterprise, special permit for 17-22 MAYOR Posted or carried, license to be 17-26 Civil disorders and disturbances; mayor Refund of fee 17-30 designated local authority for pres- Registration required 17-17 ervation of public peace 8-16 Renewal 17-20 Village council; presiding officer at meet- Required; basis of one year......... 17-16 ings 2-18 Specified professions, how tax con- MEASURES. See: WEIGHTS AND MEA- strued as to 17-21 SURES Suspension or revocation........... 17-30 Tax exemptions 17-31 MEDICAL SERVICES Tax schedule 17-33 Emergency medical services 11.5-21 et seq. Transfer of license See: EMERGENCIES New location 17-25 New owner 17-24 MEETINGS. See: ASSEMBLIES Variable factors within applicant's knowledge, declaration where MISSILES, STONES, ETC. ~ fee depends on 17-23 q'Vowing missiles 19-83 When due and payable 17-19 MONTH Park and recreation facilities; meeting Definitions and rules of construction 1-2 and gathering permits 20-31 et seq. ~ See: PARKS, PLAYGROUNDS AND MONUMENTS RECREATION Subdivisions, required improvements re 36-27 Supp. No. is 2946 CODE INDEX Section Section MOTOR VEHICLES AND TRAFFIC Ambulances 17-50, 17-51 Businesses located outside village lim- its; marking of commercial vehi- cles 17-34.13 Combat Auto Theft (CAT) 18-19 Fire division, provisions re cars and designated emergency vehicles 12-31 et seq. See: FIRE PREVENTIONAND PRO- TECTION Hitchhiking prohibited 19-6 Junked vehicles Abandoned, inoperative and junked property 14-37 et seq. See: GARBAGE AND TRASH Noise control policy, provisions re 19-103 et seq. See: NOISE Occupational licenses; marking of com- mercial vehicles 17-33.1 Park regulations re traffic 20-5 Parking. See herein: Stopping, Stand- ing and Parking Public safety department Police division, provisions re traffic. 2-76(b)(5) Public services department Division of signal service........... 2-85(3) Supp. No. 16 2946.1 ',l CODE INDEX Section Section MOTOR VEHICLES AND TRAFFIC (Confd.) NUDITY Stopping, standing and parking Topless costumes prohibited 19-64 Pazking restricted 18-34 NUISANCES Recreational, boating and camping equip- ment, and personal recreational use Abandoned, inoperative and junked prop- trailers; parking on residential prop- erty 14-37 et seq. erty restricted................... 18-35 See: GARBAGE AND TRASH Signs, pazking in violation of.......... 18-36 Animals creating nuisances 4-12 Vehicle, trailer or boat pazking prohib- False alazms ited upon paved or unpaved area of Excessive false alarms declazed public nuisance 19-212 the road right-of--way of specific roadways 18-34.1 Rabid animals declazed nuisance......... 4-42 Violations; fines Weeds and brush 14-79 et seq. Handicap spaces 18-37 See: WEEDS AND BRUSH Non-handicap spaces 18-38 NUMBER Vehicular operation Definitions and rules of construction 1-2 Speed limits Generally 18-16 O Weight limitations on certain roads.... 18-18 MUSICAL INSTRUMENTS OATH, AFFIRMATION, SWEAR OR SWORN Administrative. code, provisions re oaths of Noise control 19-104 office............................_._.__ _2-41_ Definitions and rules of construction 1-2 N Election inspectors and clerk; oath re- NOISE quired 10-59 Animal noises. , , , , , , , , , , , , , , , , , , , , , , , , , , 19-107 General employees retirement board; oaths Buildings, premises or property of office 2-154 Noise from 19-102 Reserve police force; oath required 23-47 Code enforcement. board, applicability re.. 2-173 OBSCENITY. See: INDECENCY AND OB- Conduct, noisy and boisterous 19-106 SCENITY Construction activity, permissible time for 19-111 Definitions 19-99 OBSTRUCTIONS Electronic audio equipment 19-104 Passageways, obstructing................ 19-47 Enforcement OCCUPATIONAL LICENSES Authority 19-116 Regulations enumerated.................. 17-16 et seq. Procedure See: LICENSES AND PERMITS All other noises 19-117(b) Motor vehicle noise enforcement, op- OFFENSES erating 19-117(a) Definitions 19-1 Engine exhaust 19-108 Enumerated 19-3 et seq. Exemptions 19-120 See also specific offenses as indexed Fixed mechanical equipment 19-112 State misdemeanors adopted 19-2 Horns and signal devices 19-103 OFFICERS AND EMPLOYEES Loading, unloading and unpacking 19-110 Loudspeakers and devices for advertising. 19-105 Administrative code 2-39 et seq. Measurement procedure 19-113 See: ADMINISTRATIVE CODE Musical instruments 19-104 Definitions and rules of construction 1-2 Noise control measurement standards other Elections. See also that subject than motor vehicle noise standards.. 19-118 Generally 10-1 et seq. Noise control olic 19-100 Inspectors and clerk 10-58 et seq. P Y Periods of observation 19-114 Finance director 2-59 Radios 19-104 Impersonating village official 19-8 Special permits excepted 19-119 Librarian............................... 2-93 Mayor 2-18, 8-16 Unnecessary, excessive or offensive noise Unlawful to make 19-101 Pensions and retirement. See also that Vehicle defect or condition of load 19-109 subject Voluntary compliance 19-115 Length of service award plan for volun- teer firefighters 2-170 et seq. NORTH PALM BEACH, VILLAGE OF. See: Pension and certain other benefits for VILLAGE fire and police employees 2-159 et seq. Supp. No. 15 2947 NORTH PALM BEACH CODE Section Section OFFICERS AND EMPLOYEES (Cont'dJ PARKS, PLAYGROUNDS AND RECREATION Pension and certain other benefits for (Cont'd.) general employees 2-146 et seq. Meetings and gatherings Social security 2-136 et seq. Liability for loss or injury............. 20-23 Public safety director 2-75 Permit Public services director. 2-84 Appeal from refusal to issue 20-35 Recreation director.._..... 2-110 Application 20-33 Social security......._ 2-136 et seq. Form 20-32 .See: SOCIAL SECURITY Issuance standards 20-34 Treasurer 2-51 Required 20-31 Village clerk and deputy village clerk..... 2-67 et -seq. Revocation . 20-36 See: DOCUMENTS AND PUBLIC Rules and regulations, permittee bound RECORDS by 20-22 Village manager . 2-115 et seq. Property used to violate provisions, confis- See: VILLAGE MANAGER cation of 20-9 Public services .department OFFICIAL TIME Division of parks 2-85(2) ~ Definitions and rules of wnstruction . _ _ 1-2 Recreation advisory board OPEN SPACES. See: YARDS AND OPEN Created . 20-61 SPACES Duties 20-66 Meetings 20-65 OR Al~D OfScers' quorum, compensation........ 20-64 Definitions and rules of construction 1-2 Removal 20-63 Terms 20-62(b) ORDINANCES. See: CODE OF ORDI- Vacancies , . 20-62(c) NANCES Restrooms, failure to cooperate in keeping OWNER neat or sanitary 20-2 Definitions and rules of construction 12 Traffic Enforcement of traffic. regulations 20-5(2) Operation confined to roads 20-5(5) P Parking areas designated 20-5(6) PALM BEACH COUNTY. See: COUNTY Signs 20-5(3) Speed of vehicles . 20-5(4) PARIi;ING State motor vehicle .laws 20-5(1) Landscaping, provisions re off-street park- Trees • Climbing trees, etc 20-4 ing 27-38,27-59 et seq. Use by public only 20-1 See: LANDSCAPING PENALTIES. See: FINES, FORFEITURES Parks; designated .parking areas 20-5(6) AND OTHER PENALTIES Stopping, standing and parking.......... 18-34 et seq. .See: MOTOR VEHICLES AND TRAF- PENSIONS AND RETIREMENT FIC Length of service award plan for volunteer Zoning, provisions re off-street parking 45-27 et seq. firefighters See: ZONING (Appendix C) Benefit formula 2-170.6 Contact person 2-170.10 PARK, PLAYGROUNDSAND RECREATION Effective date 2-170.3 Alcoholic beverages Eligibility......_. 2-170.4 Consumption on playgrounds and public Entitlement age. 2-170.5 parks 3-3 Plan, name of........................ 2-170.2 Bicycles Point system 2-170.11 Operation in safe manner, etc.......... 20-6(2) Preretirement death benefit........... 2-170.7 Operation prohibited in certain areas... 20-6(1) Buildings or strLCtu_re, erecting 20-3 Department of recreation I Director's duties Conduct community :activity 2-110(2) Supervise recreation .areas.......... 2-110(1) Ejectment of violators _ 20-8 Enforcement of provisions, responsibility , 20-7 Hours regulated 20-1 Stipp. No. 15 2948 CODE INDEX Section Section PENSIONS AND RETIREMENT (Cont'd.) PENSIONS AND RETIREMENT (Cont'd.) Purpose 2-170 Benefit plan, optional Sponsor, name of 2-170.1 Applicability to employees 2-158(a) Trustee and contact person......... 2-170.10 Member contributions Vesting provisions, schedule of 2-170.8 Amount 2-158(d)(1) Village contributions 2-170.9 Duration..................... 2-158(d)(2) Pension and certain other benefits for Guaranteed refund 2-158(d)(4) fire and police employees Interest 2-158(d)(3) Benefit amounts Retirement benefit 2-158(c) Cost of living 2-161(8) 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 benefi- Termination benefits and vesting. 2-161(fj Board of trustees ciary 2-147(c) Conditions of eligibility.......... 2-147(a) Bring and defend lawsuits Powers 2-164(e) Nonassignability 2-156(b) Normal and optional forms of bene- Composition 2-164(a) fits........................... 2-149 Forfeiture of membership onboard Pension validity 2-156(c) for absenteeism............ 2-164(b) Repeal or termination of system 2-155 Meetings 2-164(d) Retirement board Power and authority 2-166 Additional rules and regulations Reports and records 2-164(c) authorized 2-152. Contributions Established 2-151 Employer 2-163(c) Investing funds; custodian of secu- Forfeitures 2-163(d) rities...................... 2-153 Member 2-163(a) Oaths of office; meetings; quorum 2-154 State 2-163(b) Soeial securit y 2-136 et seq. Definitions 2-159 See: SOCIAL SECURITY Direet transfers of eligible rollover Volunteer firefighters, length of service distribution 2-170 award plan for. See herein: Length Discharged members 2-169(a) of Service Award Plan for Volun- Incompetents 2-169(d) teer Firefighters Insurers, tax on 2-167 Membership PERMITS. See: LICENSES AND PER- Application for membership 2-160(b) MITS Buy-back of previous service..... 2-160(d) Changes in designation of benefi- PERSON ciary 2-160(c) Definitions and rules of construction 1-2 Conditions of eligibility.......... 2-160(a) Nonassignability 2-169(b) PIERS Number and gender 2-169(e) Docks and piers, construction require- Optional forms of benefits.......... 2-162 ments re 5-81 et seq. Pension validity 2-169(c) See: BOATS, DOCKS AND WATER- Repeal or termination of plan 2-168 WAYS Tax on insurers 2-167 Pension and certain other benefits for PLANNING AND DEVELOPMENT general employees Appearance plan (Appendix A). See that Benefit amounts and eligibility subject Direct transfers of eligible rollover Archaeological site protection regula- distribution 2-157 tions........................... 21-101 et seq. Early retirement 2-148(d) See:ARCHAEOLOGICALSITE PRO- Late retirement 2-148(c) TECTION Preretirement death 2-148(e) Board of adjustment Retirement benefit 2-148(b) Composition; conduct generally Retirement date 2-148(a) Administrative orders, review of . 21-21(d) Termination of employment...... 2-148(f) Created 21-21(a) Sapp. No. 16 2949 NORTH PALM BEACH CODE Section Section PLANNING AND DEVELOPMENT PLANNING COMMISSION (Cont'dJ (Cont'd.) Meetings 21-11(c) Decision of administrative official, Membership 21-11(b) appeals to board from 21-21(e) Powers and duties 21-11(d) Hearing of appeals 21-21(g) Zoning ordinances, changes to 21-12 Judicial review of decisions ofboard 21-21(h) PLATS. See: SURVEYS, MAPS AND Membership; terms; alternate; com- pensation 21-21(b) PLATS Powers and duties 21-21(c) PLAYGROUNDS. See: PARKS, PLAY- Stay of work and proceedings on GROUNDS AND RECREATION appeal 21-21(f1 Comprehensive plan POLICE Adoption 21-O1 Court cost Filing fees and costs for changes Assessment of additional court costs Enactment and authority........ 21-1(a) for criminal justice education Fee; application 21-1(c) ~ expenditures................. 1-9 Jurisdiction 21-1(b) Department of public safety, provisions Planning commission, advise of 21-1(d) re police division 2-76(b) Concurrency management See: PUBLIC SAFETY DEPART- Adequate public facilities available MENT to service development........ 21-45 Elections; policemen to be present at Application 21-42 polling place.................... 10-77 Definitions 21-44 Fire division, provisions re police assis- Intent and purpose tance 12-43 Comprehensive plan, implementa- Impersonating police officer 19-8 tion of 21-43(a) Pension and certain other benefits for Management/monitoring and reg- fire and police employees 2-159 et seq. ulatory program, establish- See: PENSIONSAND RETIREMENT went of 21-43(b) Reserve force 1 Minimum requirements 21-43(c) Application for membership 23-43 J Management and monitoring pro- Compensation 23-50 gram Created; purpose 23-42 Amendments to CIE and annual Director of public safety, appoint- budget, recommendations on 21-46(c) went to serve by 23-45 Annual public facilities update re- Oath required 23-47 port 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 POLLUTION determine . 21-47(c) Smoke, dust, odors, liquids, etc........ 19-9 Short title 21-41 Stormwater management provisions re Filing fees and costs for voluntary an- pollutant loads 21-67 vexation 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 Planning commission, advice of..... 21-2(d) and water resources 19-221 Stormwater management 21-61 et seq. PRECEDING, FOLLOWING See: STORMWATER MANAGE- Definitions and rules of construction 1-2 l MENT Subdivision regulations 36-1 et seq. PROFANITY See: SUBDIVISIONS (Appendix B) Vulgar language prohibited in public j Zoning regulations 45-1 et seq. places.......................... 19-65 See: ZONING (Appendix C) PROPERTY PLANNING COMMISSION Abandoned, inoperative and junked prop- Composition; conduct generally erty 14-37 et seq. Created 21-11(a) See: GARBAGE AND TRASH Supp. No. 16 2950 CODE INDEX Section Section TREASURY DEPARTMENT (ConfdJ VILLAGE COUNCIL (ConfdJ Receive and disburse moneys.......... 2-51(8) Village clerk, duties re 2-67 TREES AND SHRUBBERY VILLAGE MANAGER Code enforcement board, applicability re.. 2-173 Administrative code, provisions re 2-39 et seq. Landscaping 27-31 et seq. See: ADMINISTRATIVE CODE See: LANDSCAPING Bond 2-117 Missiles, throwing 19-83 Budget............... 2-118 Parks and recreation facilities; climbing Budget procedures, duties re 2-2 trees, etc 20-4 Country club, provisions re resolution of Swale areas, trees in manager conflict 9-22 Definitions 27-16 Removal............................... 2-116 Planting and removal; written approval Residency 2-115 required 27-17 Scope 27-19 VOYEURISM Variety and location 27-18 Window peeping prohibited.............. 19-66 U W UTILITIES WALLS. See: FENCES, WALLS, HEDGES Flood damage prevention provisions...... 12.5-41(3), (5) AND ENCLOSURES Franchises enumerated. See Appendix D Street construction work; cost of changing WATER SHORTAGE EMERGENCIES or removal of public utilities 24-4 Application 19-201 Subdivision design standazds re easements Definitions 19-200 and rights-of--way 36-22(a) Enforcement Subdivisions, required improvements re 36-32 Emergency power 19-204 Telecommunications service tax 26-51 et seq. Generally 19-203 See: TAXATION Implementation Use of rights-of--way for utilities Exemptions 19-202(b) Code enforcement board,. applicability Permanent restrictions 19-202(a) re 2-173 Sanitation, exception to maintain 19-205 Rules and regulations adopted 28-1 Violations and penalties 19-206 Written permit (franchise) WATER SUPPLY AND DISTRIBUTION Contents 28-3 Stormwater management................ 21-61 et seq. Required' term ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' 28-2 See: STORMWATER MANAGEMENT UTILITY TAX Wellfield protection 19-220, 19-221 Collection 26-30 Zoning; C-3 Regional Business District Exemption 26-31 Surface water management 45-34.1(8) Levied; rate 26-29 WATERWAYS. See: BOATS, DOCKS AND V WATERWAYS VILLAGE WEAPONS. See: FIREARMS AND WEAP- Definitions and rules of construction 1-2 ONS VILLAGE COUNCIL. WEEDS AND BRUSH Compensation 2-16 Lien Definitions- and rules of construction 1-2 Recorded statement of removal costs con- Elections; village council to constitute can- stitutes lien; collection 14-83 vassing board 10-11 Notice to destroy........................ 14-80 Meetings Owner to beaz costs of removal 14-82 Adjournment of all meetings 2-19 Prohibited over certain height 14-79 Regular meetings Removal by village 14-81 Presiding officer 2-18 WEEK When held 2-17 Definitions and rules of construction 1-2 Rules of procedure. See herein that sub- ject WEIGHTS AIv'D MEASURES Rules of procedure Motor vehicle operation; weight limitations Order of business 2-26 on certain roads 18-18 Pazliamentary rules 2-27 Noise measurement procedure 19-113 Supp. No. 14 2955 NORTH PALM BEACH CODE e 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 plan (Appendix A). See that subject Code enforcement board, applicability re.. 2-173 Home occupations 17-2(a) et seq. See: HOME OCCUPATIONS Landscaping; conflict with zoning ordi- nance 27-39 Planning commission; changes to zoning ordinances 21-12 Subdivision regulations 36-1 et seq. See: SUBDIVISIONS (Appendix B) f [The next page is 2965] Supp. No. 14 2956