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Code of Ordinances Supplement 05 SUPPLEMENT NO. 5 May 1993 CODE OF ORDINANCES Village of NORTH PALl!'I BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 8-93, adopted February 11, 1993. See the Code Comparative Table for further information. I~emave old pages basert new pages XI-X1V Xl-X1V Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 147, 148 147-148.1 383-384.1 383-384.1 725-728 725-729 891, 892 891, 892 1361-1365 1361-1367 1629, 1630 1629, 1630 2883 2883 2936.1-2938 2937-2938.1 2947-2948.1 2947-2948..1 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (904) 576-3171 1-800-262-CODE r i TABLE OF CONTENTS Page Officials of the Village . iii Preface v Adopting Ordinance vii Readopting Ordinance x.i Checklist of Up-to-Date Pages [1] PART I CHARTER Charter 1 Art. I. Corporate Name 3 Art. II. Territorial Boundaries 3 Art. III. Legislative 6 Art. N. Administrative 11 Art. V. Qualifications and Elections 13 Art. VI. Transition Schedule 14 Charter Comparative Table 65 PART II CODE OF ORDINANCES 1. General Provisions 77 2. Administration 133 Art. I. In General 135 Art. II. Council . 135 Div. 1. Generally 135 Div. 2. Rules of Procedure 136 Art. III. Administrative Code 136 Div. 1. Generally 136 Div. 2. Department of Treasury 138 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 143 Div. 1. Generally 143 Div. 2. Social Security 143 Supp. No. 5 xi j --.. NORTH PALM BEACH CODE Chapter Page Div. 3. Pension and Certain Other Benefits for General Employees 144 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees 150 Div. 5. Length of Service Award Plan for Volunteer Fire- fighters 157 Art. VI. Code Enforcement Board 158 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 323 Art. III. Construction Requirements 324 Div. 1.Generally 324 Div. 2. Canals....................... 324 Div. 3. Bulkheads and Seawalls 325 Div. 4. Docks and Piers 326 Div. 5. Erosion Control Structures 330 Art. IV. Marine Sanctuaries 330 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 385 Div. 3. Certificate of Appropriateness 385 Art. IV. Reserved 387 Art. V. Signs and Outdoor Displays 387 Art. VI. Energy Efficiency Building Code- 398 Art. VII. Coastal Construction Code 398 7. Bulkhead Lines 453 I~ Art. I. In General 455 Art. II. Filling Permit 455 S. Civil Emergencies 507 Art. I. In General 509 ~ ?,rt. II. Ciy~l Disordei-s aid Disturbances 509 9. Country Club 559 Art. I. In General 561 Art. II. Administrative Board 562 ~ Art. III. Finances 564 10. Elections 615 C Art. I. In General 617 1 Supp. No. 5 Xii It I TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. IV. Polling Place 620 11. Electricity 671 Art. I. In General 673 Art. II. Electrical Code 673 12. Fire Prevention and Protection 723 Art. I, In General . 725 Art. II. Fire Prevention Code 725 Art. III. Fire Division 726 Div. 1. Generally 726 Div. 2. Personnel 727 Div. 3. Equipment 727 Div. 4. Reserved 728 Art. N. Recovery of Costs for Cleanup, .Abatement and Re- moval of Hazardous Substances 728 12.5 Flood Damage Prevention 777 Art. I. In General 779 Art. II. Administration 783 Art. III. Provisions for Flood Hazard Reduction 786 13. Reserved 839 14. Health and Sanitation 889 Art. I. In General 891 Art. II. Garbage, Trash and Refuse 891 Div. 1. Generally 891 Div. 2. Garbage Collection and Disposal 891 Div. 3. Abandoned, Inoperative and Junked Property . 892 Art. III. Reserved 895 Art. IV. Weeds and Brush 895 15. Housing 945 16. Library 997 Art. I. In General 999 Art. II. Library Board 999 17. Licenses and Miscellaneous Business Regulations . 1051 Art. I. In General 1053 Art. II. Occupational Licenses 1053 Art. III. Businesses Located Outside Village Limits 1067 Art. IV. Reserved 1070 Art. V. Ambulances 1070 Art. VI. Gaxage and Other Sales 1070 17.5 Reserved 1121 18. Motor Vehicles and Traffic 1171 Art. I. In General 1173 Art. II. Operation of Vehicles Generally 1173 Supp. No. 5 xiu NORTH PALM BEACH CODE Chapter Page Art. III. Stopping, Standing and Parking 1173 19. Offenses and Miscellaneous Provisions 1225 Art. I. In General 1227 Art. II. Reserved 1228 Art. III. Offenses Against Property 1228 Art. N. Offenses Against Public Morals 1228 Art. V. Offenses Against Public Peace 1229 Art. VI. Noise Control 1229 Art. VII. Reserved 1235 Art. VIII. Weapons 1235 Art. IX. Water Shortage Emergencies 1236 Art. X. Alarms 1237 Art. XI. Wellfield Protection 1240 20. Parks, Playgrounds and Recreation . 1289 Art. I. In General 1291 Art. II. Meetings and Gatherings 1292 Div. 1. Generally 1292 Div. 2. Permit 1292 Art. III. Recreation Advisory Board 1293 21. Planning and Development 1343 Art. I. In General 1345 l Art. II. Planning Commission 1346 Art. III. Board of Adjustment 1347 Art. IV. 'Concurrency Management 1349 Art. V. Stormwater Management 1360 .Art. VI. Archaeological Site Protection Regulations........ 1363 22. Reserved 1411 i 23. Police 1463 Art. I. In General 1465 Art. II. Reserved 1465 ~ Art. III. Reserve Force 1465 24. .Streets, .Sidewalks and Public Places 1517 Art. I. In General 1519 Art. II. Excavations 1519 Div. 1. Generally 1519 Div. 2. Permit 1520 Art. III. ,Sidewalks and Driveways 1520 Div. 1. Generally 1520 Div. 2. Permits 1522 25. Swimming Pools 1573 Art. I. In General 1575 Art. II. Construction Permits 1576 Art. III. Public and Private Pools 1577 26. Taxation 1627 Art. I. In General 1629 Supp. No. 5 x1V I Checl~list of Up-to-Date Pages (This checklist will be updated with the printing of each supplement) Froin 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 IVuinber 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 1 149, 150 3 iii 1 151, 152 3 v, vi OC 153, 154 3 vii, viii OC 155, 156 3 ix OC 156.1, 156.2 3 x.i, x.ii 1 156.3 3 x.iii 1 157, 158 1 xi, xii 5 159, 160 1 xiii, xiv 5 161, 162 1 xv 4 211 OC 1 OC 213 OC 3, 4 OC 263 OC 5, 6 OC 265, 266 OC 7, 8 OC 267, 268 OC 9, 10 OC 269 OC 11, 12 OC 319 OC 13, 14 OC 321, 322 OC 65 OC 323, 324 OC 77 OC 325, 326 OC 79, 80 OC 327, 328 OC 81, 82 OC 329, 330 OC 133 1 331 OC 135, 136 OC 381 OC _ 137, 138 OC 383, 384 5 139, 140 OC 384.1 5 141, 142 OC 385, 38G OC 143, 144 OC 387, 388 OC 145, 146 OC 389, 390 OC 147, 148 5 391, 392 OC 148.1 5 393, 394 OC Supp. No. 5 [1] NORTH PALM BEACH CODE f l Page No. Supp. No. Page No. Supp. No. 395, 396 OC 11.71 OC 397, 398 OC 1173, 1174 4 399, 400 OC 1175 4 401, 402 OC 1225 OC 403 OC 1227, 1228 OC 453 OC 1229, 1230 OC 455, 456 OC 1231, 1232 OC 50? OC 1233, 1234 OC 509 OC 1235, 1236 OC 559 OC 1237, 1238 OC 561, 562 OC .1239, 1240 OC 563, 564 2 1289 3 615 OC 1291, 1292 OC 61.7, 618 OC 1293, 1294 3 619, 620 OC 1343 4 671 2 1345, 1346 OC 673 2 1347, 1348 OC 723 2 1349, 1350 OC 725, 726 5 1351, 1352 OC 727, 728 5 1353, 1.354 OC 729 5 1355, 1356 OC 777 OC 1357, 1358 OC 779, 780 OC 1359, 1.360 OC 781, 782 OC 1361, 1362 5 783, 784 OC 1363, 1364 5 785, 786 OC 1365, 1366 5 787, 788 OC 1367 5 '789 OC 1411 OC 839 OC 1463 OC 889 OC 1465, 1466 OC 891, 892 5 151.7 OC 893, 894 OC 1519, 1520 OC 895, 896 OC 1521, 1522 OC 946 OC 1523 OC 947, 948 3 1573 OC 997 OC 1:575, 1576 OC 999, 1000 OC 1577 OC 105:1 OC 1627 OC 1053, 1054 OC 1629, 1.630 5 1055, 1056 OC 1681 OC 1057, 1058 OC 1683, 1684 OC 1059, 1060 OC 1:685, 1686 OC 1U61, 1062 OC 1687, 1688 OC 1063, 1064 OC 1689, 1690 OC 1065, 1066 OC 1739 OC 1067, 1068 OC 1741, 1742 OC 1069, 1070 OC 2043 OC 1071 OC 2045, 2046 OC 1121 OC 2047, 2048 OC Supp. No. 5 [2] r i CIiECKLIST OF UP-TO-DATE PAGES Page No. Supp. No, Page No. Supp. No. 2049, 2050 OC 2883 5 2051, 2052 OC 2933, 2934 OC 2053 OC 2935, 2936 4 2353 OC 2937, 2938 5 2355, 2356 OC 2938.1 5 2357, 2358 OC 2939, 2940 3 2359, 2360 OC 2941, 2942 3 2361, 2362 OC 2942.1 3 2363, 2364 OC 2943, 2944 2 2365, 2366 OC 2945, 2946 3 2367, 2368 1 2947, 2948 5 2368.1 1 2948.1 5 2369, 2370 OC 2949, 2950 OC 2371, 2372 OC 2951, 2952 3 2373, 2374 OC 2952.1 3 2375, 2376 OC 2953, 2954 OC 2377, 2378 OC 2965, 2966 OC 2379 OC 2479 OC 2481, 2482 OC 2483, 2484 OC 2485, 2486 1 2487, 2488 OC 2489, 2490 OC 2491, 2492 OC 2493, 2494 OC 2495, 2496 OC 2497, 2498 OC 2499, 2500 OC 2501, 2502 OC 2503, 2504 OC 2505, 2506 2 2506.1 2 2507, 2508 1 2509, 2510 1 2510.1 1 2511, 2512 OC 2513, 2514 OC 2515, 2516 OC 2517, 2518 OC 2619 OC 2819 4 2869, 2870 OC 2871 OC 2873 OC 2875, 2876 OC 2877, 2878 OC 2879, 2880 OC 2881, 2882 OC Supp. No. 5 [3] s ADMINISTRATION § 2-151 member dies after his retirement, but be- (b) Other. Private donations, gifts and contri- fore he has received retirement benefits for butions may be deposited to the fund, but such a period of ten (10) years, the same monthly deposits must be accounted for separately and kept benefit will be paid to the beneficiary (or on a segregated bookkeeping basis. Funds from beneficiaries) as designated by the member these sources may be used only for additional ben- for the balance of such ten-year period or, if efits for members, as determined by the board, no beneficiary is designated, to the sur- and may not be used to reduce required village viving spouse, or estate of the member. contributions. . (Ord. No. 1-83, § 5, 1-13-83) Option 3. Other. In lieu of the optional forms enumerated in this section, benefits may Sec. 2.151. I~etirexnent board, establishment. be paid in any form approved by the board so long as it is the actuarial equivalent of (a) There is hereby created a general employees the benefits otherwise payable. retirement board of the village which shall con- sist of five (5) members. Option 4. Social security adjustment option. If a member retires before being eligible for so- Two (2) members of the board shall be employees cial security benefits, he or she may elect of the village. The employee members shall be an option to receive a larger pension up to elected at large by full-time village employees who the date he or she begins receiving social are not firemen or policemen. Employees who are security benefits. The member's pension elected cannot work in the same departments of benefits shall be appropriately reduced after the village. The term of service of employees on social security payments begin. The amount the general retirement board shall be indefinite of reduction shall be actuarially determined or until the time such employee member of the by the actuary. retirement board is retired, disabled, resigns, ter- minatesvillage employment or is removed for mis- (c) Lump sum payment, Notwithstanding any- conduct by majority vote of the employees or the thing contained within section 2-148 and section council of the village or for nonparticipation by 2-149 to the contrary, the board, in its sole discre- missing two (2) or more consecutive meetings. The tion, may elect a lump sum payment to the ben- election to the board shall be arranged by the vil- eficiary or beneficiaries in lieu of installments lage clerk, who shall give reasonable notice of the when the monthly benefits do not exceed the sum election to the eligible voters. One (1) member of of one hundred dollars ($100.00). This provision the general retirement board shall be a resident applies to normal retirement, late retirement, of the village, selected by the village council, one early retirement and preretirement death regard- (1) member shall be the village manager and one less of the fact that the member elected retire- (1) member shall be the village mayor who shall ment benefits to be made in monthly installments. serve as nonvoting chairman except in case of a (Ord. No. 1-83, § 4, 1-13-83; Ord. No. 4-93, § 1, tie vote of the retirement board. The mayor may 1-14-93) designate another member of the village council to serve in .his place, from time to time. Sec. 2-150. Village contributions. (b) Should a vacancy occur in the position of a (a) Generally. So long as this system is in effect, member serving as an employee member, the vil- the village shall make a contribution to the trust lage employees shall, within thirty (30) days, .hold fund in an amount equal to the total cost for the an election and elect a successor to serve. Should year as shown by the most recent actuarial valu- the member appointed by village council resign or relinquish his duties on the general retirement ation of the system. The total cost for any year board, his successor shall be appointed by the vil- shall be defined as the total normal cost, -plus the lage council within thirty (30) days. additional amount sufficient to amortize the un- funded accrued past service liability over aforty- (c) The retirement board hereby created shall year period. perform all duties and enjoy all rights and powers Supp. No. 5 147 § 2.151 NORTH PALM BEACH CODE vested by law or ordinance, and the village at- direction of the retirement board through duly torney may give advice and legal assistance to authorized agents, provided that the village trea- said retirement board in all matters pertaining to surer shall, at all times, maintain continuous su- the performance of their duties, whenever re- pervision over the acts of any such agent(s); pro- quested and may prosecute and defend all suits vided further,. that legal title to the funds shall which may be instituted by or against it; pro- remain at all times in the name of the village. vided, however, the retirement board may, in its The village, or its designated funding agent, discretion, employ independent legal counsel for shall be the custodian of all securities, and the such. purposes, if funded by the village council, the expense of such employment to be paid by the accretion thereof shall become a part of the gen- village.. ~ eral retirement fund. All funds and securities of the general retirement fund shall be deposited (d) The retirement board shall have full au- with the village treasurer, who shall keep then in thorty to administer all the provisions of this di- a separate fund,. and shall be liable for the safe- vision and shall cause all disbursements and re- keeping of the same under the bond given to the ceipt for all monies received by the fund through village and shall be liable in the same manner the office of the village treasurer. The retirement and to the same extent as is liable for the safe- board shall appoint a secretary who shall keep a keeping of the funds. of the village as provided for complete record of alI actions and proceedings by by law. All funds now held by the village for this the board. retirement system are hereby transferred to the (e} The retirement board shall continue to exist fund established by this division. exclusively for the purpose provided by this divi- (Ord. No. 1-83, § 8, 1-13-83; Ord. No. 11-85, § 1, sion and related legislation,. and the responsi- 7-11-85) j" bility for the administration and proper operation thereof and for effectuating the provisions of the Sec. 2.154. Oaths of office; meetings;. quorum. law relating thereto, is vested in the retirement Before entering upon their duties as members board. of the board, each member shall take and sub- (Ord-. No. 1-83, § 6, 1-13-83) scribe to the oath of office required by the village Charter, which oath shall be filed with the village Sec. 2-152. Additional rules- and regulations clerk. The board shall meet as often as necessary authorized. or upon the call of the chairman. or any member The retirement board shall have the power to thereof or upon request of the village clerk.. A adopt rules and regulations, not inconsistent with majority of the board shall constitute a quorum the provisions of this division, governing its ac_ for the transaction of any business. Notice of meet- tivties and providing for the certification of the ings shall be given to council and the public at sum to be paid a retired member from the general least. seven (7) days in advance. ~ retirement fund. (Ord. No. 1-83, § 9, 1-13-83) (Ord. No. 1.83, § 7, 1-13-83) Sec. 2-155. Repeal or termination. of system. ~I Sec. 2.153. Investing funds; custodian of se- curities. (a) This division. establishing the system and fund, and subsequent ordinances pertaining to the !I (a) The retirement board shall have the power system and fund,. maybe modified, terminated or i and authority to direct the village treasurer to amended in whole or in part; provided that if this invest and reinvest the assets of the general re- division or any subsequent ordinance shall be tirement fund in a manner consistent with laws amended or repealed in its application to any and statutes governing the investment of the vl- person benefiting hereunder, the amount of ben- lage. Each of the foregoing powers and functions efits which at the time of any such alteration, reposed in the retirement board may be performed amendment or repeal shall have accrued to the and carried out by the village treasurer, at the member or beneficiary shall not be affected Supp. No. 5 148 i ADMINISTFZATION § 2-155 thereby, except to the extent that the assets of the fund may be determined to be inadequate. (b) If this division is repealed and not super- seded by another pension plan, or if contributions to the system are discontinued, the board shall continue to administer the system in accordance with the provisions of this division, for the sole benefit of the then members, any beneficiaries then receiving retirement allowances, and any fu- ture persons entitled to receive benefits under one (1) of the options provided for in this division who are designated by any of such members. In the event of such repeal, or if contributions to the system are discontinued, there shall be full vesting Supp. No. 5 148.1 r r BUILDINGS AND BUILDING REGULATIONS § 6-19 ARTICLE I. IN GENERAL amendments, and derived from Code 1970, 6-11 and 6-12, and the following ordinances: Sec. 6.1. Construction on public land prohib- Ord. No. Date Section ited. 7-72 2 It shall be unlawful for any person to erect or 16-72 1 10.75 7.10-75 1, 2 maintain, or to permit the erection or mainte- g.78 5-25-78 1, 2 nance of any structure of any kind, including a 3-80 2-14.80 1 wall upon, across, over or under any portion of 25-80 10- 9.80 1, 2 any publicly dedicated utility or drainage ease- 17-82 9-23-82 1 ment area in the village. 12-83 8-25-83 1, 2 (Code 1970., § 6-1) 16-86 1i-13-86 1, 2 Sec. 6-17. Codes adopted. Sec. 6.2. Accessibility to buildings by Nandi- The Standard Building Code, including Section capped persons; state law adopted. 1205, the Standard Gas Code, the Standard Me- Pursuant to F.S. section 553.73(2), F.S. part V chanical Code and the Standard Plumbing Code, of chapter 553, relating to accessibility to build- 1991 Editions, the amendments to each code, ings by handicapped persons, is hereby adopted hereto attached, and Appendix 3 of the Model by reference. Countywide Amendments to the Standard Building Code, all of which have been reviewed Sec. 6.3. Fire district. by the Building Code Advisory Board of Palm All property within the village shall be included Beach County, are hereby adopted and incorpo- within the fire district. rated herein, as part of the minimum construc- (Code 1970, § 16-23; Ord. No. 12-72, § 1) tion standards for the Village of North Palm Beach, Florida. Department of Public Service shall be substituted for Building Department in all the Sec. 6-4. Ii,eserved. adopted codes. Editor's note-Pursuant to advice of the city, and at the (Ord. No. 4-90, § 2, 3=8-90; Ord. No. 14-92, § 2, editor's discretion, Ord. No. 2-83, adopted Feb. 10, 1983, cod- 9.10-92) ified as Ch. 12.5 of this Code, has been treated as superseding Note-See the editor's note following § 6-16. former § 6.4 relative to duties of the building official con- Cross references-Electrical code adopted, § 11-11; fire cerning flood management building requirements. Such sec- prevention code adopted, § 12-16; housing code adopted, § 15-1. tion derived from Ord. No. 7-77, § 1, adopted April 28, 1977 and Ord. No. 19-78, § 1, adopted July 27, 1978. SeC. 6-1~. Reserved. .Secs. 6.5-6.15. Reserved. Editor's note-Section 1 of Ord. No. 10.89, adopted April 27, 1989, repealed former § 6.18, which pertained to the ex- emption of building permit applicants from the county fair share ordinance, and derived from Ord. No. 15-79, § 1, adopted ARTICLE II. MINIMUM C®NSTRUCTION June 28, 1979. STANDARDS Sec. 6-19. Violations; penalty. Sec. 6.16. Authority. Any person, firm or corporation who shall vio- late aprovision of this article, or fail to comply This article is promulgated in accordance with therewith, or with any of the requirements thereof, F.S. chapter 166, and chapter 74-565, Laws of shall be guilty of a misdemeanor. Each such person Florida, as amended. shall be deemed guilty of a separate offense for -(Ord. No. 4-90, § 1, 3-8-90) each and every day or portion thereof during which Editor's note-The provisions of 6.16 and 6-17 were any violation of any of the provisions of this ar- deleted as being superseded by the provisions of 1, 2 of Ord. No. 4-90, adopted Mar. 8, 1990, included herein as new 6-16 tiele is committed or continued and, upon COnv1C- and 6-17. The deleted provisions pertained to the adoption of tion of any such violation, such person shall be the Standard Building Code, 1985 edition and the county punished by a fine of not less than fifty dollars Supp. No. 5 383 § 6-19 NORTH PALM BEACH CODE / ($50.00) nor more than five hundred dollars Sec. 6-32. Intent and purposes. ($500.00), or by imprisonment not exceeding six This .appearance code is adopted for the fol- (io) months, or by both such fine and imprison- lowing purposes: ment. (Ord. No. 25-80, § 3, 10-9-80; Ord. No. 12-83, § 3, (1) To promote the public health, safety, 8-25-83) morals, comfort and general welfare of the Editor's note-Ordinance No. 25-80, § 3, adopted Oct. 9, citizens of the village. 1980, was nonamendatory of the Code; hence,. its inclusion as § 6-19 was at the editor's discretion. (2) To enhance the values of property throughout the village. Sec. 6-20. Reserved. (3) To protect and to stabilize the general ap- Editor's note-Section 3 of Ord. No. 14-92, adopted Sept. pearance of buildings, structures, land- 10, 1992, repealed former § 6•.20, relative to amendments to scaping and open areas, in the multiple the Standard Plumbing Code, which derived from Ord. No, dwelling, commercial and public zoning dis- 20-91, § 1, adopted May 23, 1991. tricts of the village. (4) To insure adequate light, air and privacy Secs. 6.21-6.29. Reserved. for property in the multiple dwelling, com- mercial and public zoning districts of the village. ARTICLE III. APPEARANCE CODE* (5) To encourage and promote acceptability, at- tractiveness, cohesiveness and compatibility of new buildings, developments, remodeling DIVISION 1. GENERALLY and additions so as to maintain and im- prove the established standards of property values within the multiple-dwelling, com- Sec. 6.30. Short title. martial and public zoning districts of the This article, including any regulation hereafter village. } I adopted, shall hereafter be known, cited and re- (Code 1970, § 6-22) ~ ferred to as the. "Appearance Code." (Code 1970, § 6-21) Sec. 6.33. Appearance plan. The village hereby adopts by reference thereto Sec. 6-31. Definition. the appearance plan attached as exhibit A to Or- dinance No. 3-72 of the village. The appearance The term "external architectural feature" is de- plan is set forth at length in Appendix A of this fined to mean the architectural style and general Code. arrangement of such portion of a building or strut- (Code 1970, § 6-40; Ord. No. 3-72, § 1) ture as is designed to be open to view from a public street, place or way, or from adjoining premises. Sec. 6-34. Reserved. (Code 1970, § 6-39; Ord. No. 4-71, § 1; Ord. No. Editor's note-Ordinance No. 4-79, § 1, adopted March 8, 2-72, § 1) 1979, amended Ord. No. 6-77, § 5, enacted April 28, 1977, to Cross reference-Rules of construction and definitions gen- regeal 6-29--6.32 of the 1970 Code, of wl-iich 6-30, 6.32 erally, § 1-2. were codified as § 6.34 of this Cade. Former § 6.34 pertained to amendments of the appearance plan. *Editor'snota-Ordinance No. 6-77, § 5, enacted Apri128, 1977, adopted 6.30-6-36, 6-56-6-60, concerning the ap- pearance code, as part of the comprehensive plan for the vii- SeC. 6.36. Appeals and review. loge. Ord. No. 4-79, adopted March 8, 1979, removed the ap- pearance code from the comprehensive plan. The apphcarit or any lriterested party may Ella Cross references-Planning and development, Ch. 21; ap- an appeal to the village council on any ruling by pearance plan, App. A. the planning commission made pursuant to this Supp. No. 5 384 BUILDINGS AND BUILDING REGULATIONS § 6-35 article. An appeal shall be on forms provided by the village. The appeal shall be filed or made within ten (10) days after decision of the planning commission. Appeals shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in this article or standards set forth in or pursuant to this article. The village council shall decide an appeal within thirty (30) days of the filing of such appeal unless an exten- sion of time is consented to by the applicant, and Supp. No. 5 384.1 l FIRE PREVENTION AND PROTECTION § 12-17 ARTICLE I. IN GENERAL division and the person in charge shall be known as the fire official and fire chief. Secs. 12-1-12-15. Reserved. Section 103. Amend section 103 to read as fol- lows: ARTICLE II. FIRE PREVENTION CODE 103 -PERMITS Sec. 12.16. Adopted by reference. A person, firm or corporation shall not main- tain, store or handle materials, or conduct pro- Under the authority of the Florida Statutes, the cesses which produce conditions hazardous to village of North Palm Beach hereby adopts by life or property, or install equipment used in reference thereto the Standard Fire Prevention connection with such activities without first ob- Code,1991 Edition, and the Life Safety Code,1988 taining a permit from the fire official. Edition, as published by the National Fire Protec- tion Association as the fire prevention code for 103.1 Permit Application. the village. There has been for at least ten (10) 103.1.1 When Required. Any owner, autho- days last past and shall be during the time that rized agent, or contractor who desires tomain- this code is in effect, three (3) copies of each code tain, store or handle materials or to conduct and recommended amendments kept available for processes as described in this code shall first public use, inspection and examination. make application to the fire ofiicial and ob- (Code 1970, § 6-11; Ord. No. 16-75, § 1, 10-9-75; tain the required permit as authorized in Ord. No. 13-77, § 1, 7-14-77; Ord. No. 22-80, § 1, Chapter 4. 10-9-80; Ord. No. 7-83, § 1, 8-25-83; Ord. No. 3-87, 103.1.2 Information Required. Each appli- § 1, 1-22-87; Ord. No. 6-90, § 1, 3-22-90; Ord. No. cation for a permit, with the required fee, shall 13-92, § 1, 9-10-92) be filed with the fire official on a form fur- Crossreferences-Building, gas, mechanical and plumbing Wished for that purpose, and shall contain a codes adopted, § 6-17; electrical code adopted, § 11-11; housing code adopted, § 15-1. general description of the operation or occu- pancy and its location and any other informa- Sec. 12-17. Amendments. tion as may be required by the fire ofiicial. The application shall be signed.by the owner The following amendments and additions are or his authorized agent. hereby made to the Fire Prevention Code adopted 103.1.3 Time Limitations. An application by section 12-16 of this Code: for a permit for any proposed work shall be Section 101..3.5. Add new section 101.3.5 as fol- deemed to have been abandoned six (6) months lows: after the date of filing for the application, un- lessbefore then a permit has been issued. One 101.3.5 Maintenance. All buildings or strut- or more extensions of time for periods of not tures both existing and new, and all parts more than ninety (90) days each may be al- thereof, shall be maintained in a safe condition. lowed by the fire official for the application, All devices or safeguards which are required by provided the extension is requested in writing this code shall be maintained in good working and justifiable cause is demonstrated. order. The owner, or his designated agent, shall be responsible for the maintenance of buildings 103.2 Issuing Permits. and structures. 103.2.1 Action on Permits. The fire official Section 101.4. Amend section 101.4 to read as shall act upon an application for a permit follows: without unreasonable or unnecessary delay. 101.4 Fire Division. If the fire official is satisfied that the use de- scribed in an application for a permit and the There is hereby established a division of the drawings filed therewith conform to the re- public safety department to be called the fire quirements of this code and other pertinent Supp. No. 5 725 § 12-17 NORTH PALM BEACH CODE ' laws. and.. ordinances, he shall issue a permit heat or prepare food or from which open flames to the applicant. may occur during: the cooking process shall not 103.2.2 Refusal to Issue Permit. If the ap- be used on any balconies or porches of multi- plication for a permit describes a use which. family buildings excepting two (2) family dwell- does not conform to the requirements of this ings. They shall be used only outside of and at code or other pertinent laws or ordinances;. a minimum of ten (10) feet distance from the the fire official shall not issue a permit, but nearest building. shall return the application to the applicant with his refusal to issue such permit. Such Section 603.18.4. Amendsection 603.18.4 to read refusal shall, when requested,. be in writing as follows: and shall contain the reason(s) for- refusal. 603.18.4 Automatic fire alarm systems and 103.3 Conditions o f the Permit. all alarms with monitor control. valves and flow switches for fire protection and fire alarmequip- 103.3.1 Permit Intent. A permit issued shall merit shall be tested at least once every three be construed to be a license to proceed with (3) months. A log: of the tests shall be kept by the work and shall not be construed. as au- the inspection agency. The log shall be on the thority to violate, cancel, alter, or set aside premises and. available for examination. any of the provisions of this code; nor shall (Code 1970, § 16-12; Ord. No. 16-75, § 2, 10-9-75; such issuance of a permit prevent the fire of- Ord. No. 13=77, § 1, 7-14-77; Ord. No. 22-80, § 2, ficial from thereafter requiring a correction 1D-9-80; Ord. No. 7-83, § 2, 8-25-83; Ord. No. 3-87, of errors in plans or in construction, or of vi- § 2, 1-22-87; Ord. No. 6-90, § 2, 3.22-90; Ord. No. olations of this code. Eve ermitissued shall rJ' P ~ 13-92, § 2, 9-10-92) become invalid unless: the use authorized by such permit is: commenced within. six (6) Secs. 12-18-12-28. Reserved. months after its issuance,. or if the use autho- rized by such permit is suspended or aban- doned for a period. of six (6) months. after the time the use is commenced. One or more ex- ARTICLE- III. FI~t.E DIVISION*, tensions of time; for- periods not more- than ninety (90) days each, may be allowed for the DIVISION 1. GENERALLY permit provided the extension is requested in writing and justifiable. cause is demonstrated. Sec. 12-29. Created; function. Such extensions shall be in writing by the fire official.. A division to be hereafter known as the Village Section 1.05.1. Amend section 105.1 to read as of North Palm Beach Fire Division, the object of follows: which shall be the prevention and extinguish- 105.1 Appointment. merit of fire and the protection of life and property within the limits of the village, is hereby created. There is hereby established a board to be (Code 1970, § 15-1) called. the fire. prevention board of adjustments and appeals. The said board shall be appointed Sec. 12-30. Composition. by the village council. The construction board of adjustments and. appeals established. by (a) The division created by this article shall con- Chapter 6 of the Village Code shail act as the sist of a chief and such other officers as: the viliage fire prevention board of adjustments and ap- peals. 'Editor's note-On Aug. 27, 1968 the village entered into a mutual fire-fighting.. aid or protection pact with other mu- Section 501.2.1. Add newsection 501.2.1 to read nicipalities and fire control districts located- in county (see as follows: Resolution No. 363-68). Cross references-Administrative code provisions on de- 501.2.1 Barbecue Grills and Similar Cooking partment of public safety, § 2-75 et seq.; length of service Utensils with which open flames may be used to award plan for volunteer firefighters, § 2-170 et seq. Supp. No. 5 726 FIRE PREVENTION AND PROTECTION § 12-51 council may deem necessary for the effective op- Secs. 12-33-12.38. Reserved. eration of the division. (b) The membership of the division other than DIVISION 2. PERSONNEL the chief shall consist of such persons as may be appointed by the chief who are willing to serve on Sec. 12.39. Other officers accountable to a voluntary basis, all of whom shall beable-bodied chief. citizens, preferably property owners whose busi- All other officers of the division created by this ness activities are normally within the confines of article shall be accountable to the chief. the general area of the village, and who have tele- (Code 1970, § 15-20) phones in their homes. Determination of whether candidates for appointment are able-bodied shall Sec. 12.40. Special police powers. be made by the chief after a medical and physical examination has been made in a manner pre- All regularly appointed members of the divi- scribed by the chief and approved by the village sion are hereby given the necessary special police manager. Such voluntary members of the division powers for the purpose of enforcing the provisions shall not be considered employees of the village. of this article. (Code 1970, § 15-2) (Code 1970, § 15-21) Sec. 12.31. Motor equipment and members' Sec. 12.41. Badges. cars designated emergency vehi- cles. Each member of the division shall be issued a badge designating his rank. All motor equipment and all personal cars of (Code 1970, § 15-22) division members shall, when responding to an alarm, be deemed emergency vehicles. Sec. 12.42. Car insignia. (Code 1970, § 15-3) Each member of the division driving a car shall Sec. 12-32. Emergency medical technician be issued a suitable insignia to be attached to the volunteers. cam' (Code 1970, § 15-23) . The membership of this unit shall consist of . able-bodied individuals who are state-certified Sec. 12.43. Police assistance. emergency medical technicians, state-certified paramedics or duly licensed physicians appointed It is hereby made the special duty of all village by the director of public safety and who are willing police who may be on duty and available for fire to serve on a voluntary basis. Determination as to duty to respond to all fire alarms and assist the whether candidates for appointment are physi- division in the protecting of life and property, in tally qualified shall be made by the director after regulating traffic, maintaining order, and in en- a medical examination in a manner prescribed by forcing observance of all sections of this article. the director and approved by the village manager. (Code 1970, § 15-24) Duties shall consist of riding in the advanced life support rescue vehicle with the paramedics and Secs. 12-44-12-50. Reserved. assisting at emergency medical scenes and per- forming such other duties as prescribed by the DIVISION 3. EQUIPMENT on-duty paramedic employee. Such voluntary . members of this unit shall not be considered em- Sec. 12-51. Generally. ployees of the village but shall be covered by vil- lage insurance programs while engaged in per- The division created by this article shall be forming described duties. equipped with such apparatus and other equip- (Ord. No. 12-84, § 1, 5-10-84) ment as may be required, from time to time, to Supp. No. 5 727 § 12-51 NORTH PALM BEACH CODE ~ maintain its efficiency and properly protect life DIVISION 4. RESERVED* and property from fire. (Code 1970, § 15-31) Secs. 12.63-12-100. Reserved. Sec. 12.52. Acquisition. ARTICLE IV. RECOVERY OF COSTS FOR Recommendations of apparatus and equipment CLEANUP, ABATEMENT AND REMOVAL shall be made by the chief and, after approval by OF HA-7._A?RDOUS SUBSTAl®TCES~' the village manager and village council, shall be purchased in such manner as may be designated Sec. 12.101. Definitions. by the village council. For the purpose of this article, the following (Code 1970, § 15-32) words and phrases shall have the meaning given herein: Sec. 12-53. Fire alarm system. Costs means those necessary and reasonable costs incurred by the village in connection with Suitable arrangement or equipment shall bepro- investigating, mitigating, minimizing, removing vided for citizens to turn in an alarm, and for or abating discharges of hazardous substances, in- notifyingall members of the division so that they cluding, but not limited to, the following: Actual may promptly respond. labor costs of village personnel and its authorized (Code 1970, § 15-33) agents, including, but not limited to, the county and its respective departments, costs of equip- Sec. 12-54. Housing. merit operation. and rental, cost of expendable I~ items including, but not limited to, fire fighting All equipment of the division created by this foam, chemical extinguishing agents, absorbent article shall be safely and conveniently housed in material, sand, recovery drums, acid suits, acid such places as may be provided by the village. gloves, goggles and protective clothing. (Code 1970, § 15-34) Discharge means any intentional or uninten- tional action or omission resulting in the releasing, Sec. 12.55. Private use of equipment. spilling, pumping, pouring, emitting; emptying or dumping of a hazardous substance upon public or No person shall use any fire apparatus or equip- private property located within the corporate merit for any private purpose, nor shall any person limits of the village. willfully and without proper authority take away Hazardous substances means any substances or or conceal any article used in any way by the materials in a quantity or form, which in the de- division. termination of the public safety department or its (Code 1970, § 15-39) agents, poses an unreasonable and imminent risk to the life, health, safety or welfare of persons or Sec. 12.56. Tampering with equipment. property within the village, and shall include, but *Editor's note-At the discretion of the editor, Ord. No. No person shall enter any place where fire ap- 9-s2, 1-11, adopted June 10,1982, codified as Ch. 2, Art. V, paratuS i5 hOUSed or handle any apparatus Or 17iv. 4, § 2-159 et seq. of this Code, has been treated as super- equipment belonging to the division unless accom- ceding provisions formerly codified. as 12.63-12.70, rela- panied by, or having the special permission of, an tive to the firemen's relief and pension fund. The deleted sec- tions derived. from Code 1970, 26.36-26-43. officer or authorized member of the division. tEditor's .note-Ordinance No. 21-91, adopted May 23, (Code 1970, § 15-40) 1991, did not specifically amend the Code; hence, inclusion of 1(1)-(7) as Art. IV, 12-101-12.107, was at the discretion of the editor. Secs. 12.57-12.62. Reserved. Cross reference-Health and sanitation, Ch. 14. F\ Supp. No. 5 728 FIRE PREVENTION AND PROTECTION § 12-107 not be limited to, those substances listed in the Sec. 12.105. Exceptions for fire suppression "N.F.P.A. Guide on Hazardous Materials" or the services. EPA's list of extremely hazardous substances, or The authority to recover costs under this sec- the "Florida Substance List" promulgated by the tion shall not include costs incurred for actual fire Department of Labor and Employment Security. suppression services which are normally or usu- Person means one (1) or more individuals, part- ally provided by the village's public safety depart- nerships, corporations, joint ventures, associations ment or its authorized agents. or any other entities, or any combination thereof. (Ord. No. 21-91, § 1(5), 5-23-91) (Ord. No. 21-91, § 1(1), 5-23-91) Sec. 12.106, late fee for failure to reimburse village. Sec. 12-102. Authority of public safety de- Any person or persons responsible for causing partment. or allowing an unauthorized discharge of haz- ardous substances, and who fails to reimburse the The public safety department is hereby autho- village within the time set forth herein, shall be rized to take such steps as necessary to clean up, subject to a late fee in the amount of ten (10) per- remove or abate the effects of any hazardous sub- cent of the total amount of the bill for each addi- stances discharged upon or into public or private tional day that the bill for such costs remains un- property, or facilities within the corporate limits paid. of the village. (Ord. No. 21-91, § 1(6), 5-23-91) (Ord. No. 21-91, § 1(2), 5-23-91) Sec. 12.107. Remedies. Sec. 12-103. Reimbursement of costs to vil- The remedy provided for in this section shall be lage. .supplemental to and in additional to all other available remedies at law and equity. Any person or persons responsible for causing (Ord. No. 21-91, § 1(7), 5-23-91) or allowing an unauthorized discharge of haz• ardous substances, which requires action by the public safety department of the village or its au- thorized agents in order to protect the public health, safety or welfare, shall reimburse the vil- lage for the full amount of all costs, as defined herein, associated with the investigating, miti- gating, minimizing, removing and abating any such discharge. Reimbursement shall be made within thirty (30) days after receipt of an itemized bill for such costs from the village of North Palm Beach. (Ord. No. 21-91, § 1(3), 5-23-91) Sec. 12-104. Records. When responding to the emergency caused by the unauthorized discharge of hazardous sub- stances, the public safety department of the vil- lage or its authorized agents shall keep a detailed record of the cost attributable thereto. (Ord. No. 21-91, § 1(4), 5-23-91) [The next page is 777] Supp. No. 5 729 l I HEALTH AND SANITATION § 14-2d ARTICLE I. IN GENERAL Sec. 14.26. Frequency of collection. Secs. 14-1-14-1b. Reserved. Commercial garbage shall be collected at least three (3) times a week, and with greater frequency and in such manner as shall be directed by the village manager. ARTICLE II. GARBAGE, TRASH AND (Code 1970, § 18-41) REFUSE* DIVISION 1. GENERALLY Sec. 14-27. Charges-Generally. All property within the village which is im- Secs. 14.16-14.22. Reserved. proved by a structure for which a certificate of occupancy is issued after February first of any DIVISION 2. GARBAGE COLLECTION AND year and for which garbage and trash collections DISPOSAL are made by the village shall pay the following fees for collection and disposal of garbage and trash Sec. 14.23. Definition. during the remainder of that calendar year in which the certificate of occupancy is issued: As used in this division, "commercial garbage" shall mean every refuse accumulation of animal, (1) One- and two-family homes, four dollars and fruit or vegetable matter that attends the prepa- twenty-three cents ($4.23) per dwelling unit ration, use, cooking and dealing in, or storage of per month, or fraction thereof. meats, fish, fowl, fruits or vegetables, and any (2) Dwellings of three (3) units or more, four other matter of any nature whatsoever which is dollars and twenty-three cents ($4.23) per subject to decay and the generation of noxious or unit per month, or fraction thereof. Where offensive gases or odors, or which, during or after a dwelling of three (3) or more units is a decay, may serve as breeding or feeding material condominium and the condominium associ- for flies or other germ-carrying insects. ation or the developer of the condominium (Code 1970, § 18-1) notifies the director of public services, gar- Cross reference-Rules of construction and definitions gen- bage and trash fees shall be billed to the erally, § 1-2. individual owners of condominium units. Sec. 14.24. Garbage cans-Required. (3) For commercial establishments, four dol- lars and twenty-three cents ($4.23) per Garbage containers at each commercial estab- month, or fraction thereof. lishment within the village and at each multi- (Code 1970, § 18-49; Ord. No. 2-74, § 1) family dwelling which contains three (3) or more units shall provide dumpster-type garbage con- tainers which can be collected by village garbage Sec. 14-28. Same-Fee for excess amounts vehicles using the dumpster collection method. from commercial establishments. (Code 1970, § 18-23; Ord. No. 6-75, § 1, 6-12-75) In the event any commercial establishment has more than two (2) cubic yards of garbage at any Sec. 14-25. Same-To be kept covered. one (1) pickup, the occupant thereof shall pay one All commercial garbage cans shall be kept dollar ($1.00) per cubic yard for all garbage col- tightly covered at all times, except when neces- lected in excess of two (2) cubic yards. In the event sary to lift the covers for the purpose of depositing any commercial establishment has more than six garbage in the garbage can or for the purpose of (6) cubic yards of garbage picked up during any emptying such garbage into a garbage truck. ~ one (1) week, the occupant thereof shall pay one (Code 1970, § 18-24) dollar ($1.00) per cubic yard for all garbage col- lected in excess of six (6) cubic yards per week. "`Cross reference-Refuse disposal divisions, § 2-85(e). (Code 1970, § 18-48) Supp. No. 5 $Q1 § 14-29 NORTH. PALM BEACH CODE Sec. 14-29. Same-When and where paid. result. in the discontinuance of the waste removal service and/or the placing of a lien by the village All payments required by this division shall be council in the amount of the fees due against the made to the village by the fifteenth of the month property to which service is available, and/or ac- for which service is rendered. All delinquent ac- tion by the village code enforcement board. counts are subject to stoppage of service without notice. If a delinquent account is not paid within (4) The collection of garbage and trash by a pri- thirty (30) days, the director of publicservices shall vate person, firm, or corporation hired for such cease all refuse collection for that account unless purpose is prohibited except where dumpsters of otherwise directed by the village manager. Sergi greater than two-cubic-yard capacity are used. vice shall be resumed thereafter only upon pay- (Ord. No. 37-90, § 1, 1U-25-90; Ord. No. 34-91, § 1, meet of the accumulated fees for the period of 11-14.91; Ord. No. 18-92, § 1, 1U-22-92) collection and the period of noncollection unless the village manager specifically directs other- Secs. 14-31-14-36. Reserved. wise. The stoppage of service herein authorized DIVISION.3. ABANDONED, INOPERATI~TE for nonpayment of collection charges shall be in AND JUNKED PROPER,TY* addition to the right of the village to proceed for the collection. of such unpaid charges in a manner Sec. 14.37. Definitions. provided by law. (Code 1970, § 18-53; Ord. No. 2-74, § 2) As used in this division, the following terms shall have the indicated meanings: See. 14.30. Commercial use property waste Motor vehicle includes all vehicles as defined in disposal fees and collection pro- F.S. section 320.01(1), or as elsewhere defined in ced9zres. the Florida Statutes, and shall include, in addi- (1) For purposes of this section, commercial use Lion, any vehicle which is self-propelled and de- property shall include all property parcels in the signed to travel along the ground or water and \ village upon which a building exists with the ex- shall include, but not be limited to, automobiles, ception of residential use property, village-owned buses, motor .scooters, motor bicycles, motorcy- propertyand otherpropertyused for governmental cles, trucks, tractors,.. go-carts,. golf carts, campers, trailers and motorboats. purposes. Private property means any real property within (2) Annual disposal fees for garbage and trash the village which is privately owned and whch:is collected by the Village of'1Vorth Palm Beach shall not public property as defined in this section. be charged as herein provided, except as other- wise stated. Public property means any street or highway which shall include the entire width between the II 0 to 3, 30-gallon cans, per year... $ 164.00 boundary lines of every way publicly maintained 4 to 6, 30-gallon cans, per year... 328.00 for the purposes of vehicular travel, and shall also mean any other publicly owned property or fa- 7 and more 30-gallon cans, per year 735.00 cility. 2-yard dumpster each, per year 735.00 (Code 1970, § 23-16; Ord. No. 7-73) Cross reference-Rules of construction and definitions gen- lYlinimum monthly charge, per erally, § 1.2. year ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ~ ' if 4`00 Sec. 14-38. Prohibited conditions; enumer- 1 (3} Waste disposal fees shall be due and pay- ated exceptions. able to the village yearly in advance on October 1 No person shall park, store, leave or allow or of each year regardless of occupancy or use of the permit the storage, leaving or allowing of any property charged. The fees shall be billed to the abandoned, wrecked, dismantled, inoperative, property owner of record as shown on the county tax rolls. Failure to pay the fees when due may *Cross reference-Motor vehicles and traffic, Ch. 18. Supp. No. 5 892 I PLANNING AND DEVELOPMENT § 21-70 Sec. 21.69. Stormwater retention systems. vegetation or percolated into the soil. No runoff from such impervious areas shall be discharged Where stormwater retention systems are re- .directly into any inlet or storm sewer without first quired, any modification to, or construction of ca- being given the opportunity to pass through a nat- nals shall incorporate water and habitat quality ural vegetated area. All potential areas of soil enhancement features such as planted littoral erosion shall be protected to minimize siltation zones or shallow shelves, bank slopes conducive to transport by flowing water. shoreline vegetation and immediate vegetative stabilization of any bare ground adjacent to the (c) [Construction site runoff.) To protect and pre- system, as appropriate. serve water quality, Best Management Practices (Ord. No. 34-90, § 1.1(i), 9-27-90) (BMPs) for construction site runoff, as contained in Chapter 4.0 of the Palm Beach County, 208 Sec. 21.70. Water quality. Areawide Waste Treatment Management Plan, shall be employed. (a) Definitions. (d) Industrial activity. (1) Authorized official: Any employee ofthe vil- (1) General provisions. Any discharge into the lage authorized in writing by the director stormwater system in violation of any fed- to administer or enforce the provisions of eral, state, county, municipal or other law, this section. rule, regulation or permit is prohibited. (2) Director: The director of public services. (2) Specific prohibitions. By adoption of indus- (3) Discharge: Any direct or indirect entry of trial activity stormwater regulations or by any solid, liquid or gaseous matter. issuance of industrial activity stormwater permits, or both, the director may impose (4) Person: Any natural individual, corpora- reasonable limitations as to the quality of tion, partnership, institution, or other en- stormwater (including without limitation tity. the designation of maximum .levels of pol- (5) Site of industrial activity: Any area or fa- lutants) discharged into the stormwater cility used for manufacturing, processing system from sites of industrial activity. Any or raw materials storage, as defined under promulgation of such regulations and issu- 40 CFR Section 122.26(x)(14) of regulations ante of permits by the director shall be in of the U.S. Environmental Protection accordance with applicable law. Agency, as amended. (3) Administrative orders. The director may (6) stormwater: Any stormwater runoff, and issue an order to any person to immedi- surface runoff and drainage. ately cease any discharge determined by the director to be in violation of any provi- (7) stormwater system: The system of convey- sion of this section, or in violation of any antes used for collecting, storing, and trans- regulation or permit issued hereunder. porting stormwater owned by the village but not including any facilities intended to (4) NPDES permits. Any person who holds a be used in accordance with applicable law National Pollutant Discharge Elimination for collecting and transporting sanitary or System (NPDES) permit shall provide a other wastewater. copy of such permit to the director no later than the later of: sixty (60) calendar days (b) Water quality. In order to minimize the deg- after the effective date of Ordinance No. radation of water quality in receiving bodies, all 8-93 or sixty (60) calendar days after issu- development will be provided with landscaped ante. areas, grassed areas or other natural vegetated areas to receive runoff from buildings, pavement (e) Illicit discharges. or other impervious areas to the degree that poI- (1) General prohibitions. Except as set forth in lutants from these areas may be absorbed by the section 21-70(e)(3) or as in accordance with Supp. No. 5 1361 § 21-70 NORTH P~,LM BEACH CODE a valid NPDES permit,. any discharge to with a_valid NPDE~ permit, any discharge the stormwater system that is not composed to the stormwater system that is not com- entirely of stormwater is prohibited. posed entirely of stormwater is prohibited. (2) Specific prohibitions. Any discharge to the (2) Specific prohibitions, Any discharge to the stormwater system containing any sewage, stormwater system containing any sewage, industrial waste or other waste materials, industrial waste or other waste materials, or containing. any materials in violation of or containing any materials in violation of federal, state, county, municipal, or other federal, state, county, municipal, or other laws, rules,. regulations, orders or permits, laws, rules, regulations, orders or permits, is prohibited. is prohibited. (3) Authorized exceptions. Unless the director (3) Notification of spills. As soon as any person determines that it is not properly managed has knowledge of any discharge to the or otherwise is not acceptable, the following stormwater system in violation of this sec- discharges are exempt from the general pro- tion, such person shall immediately notify hibition set forth under section 21-70(e)(1): the director by telephone or other direct flows from fire fighting, water line flushing means and if such person is directly or in- and other contributions from potable water directly responsible for such discharge, then sources, landscape- irrigation and Iawn wa- such person shall also take immediate ac- tering, irrigation. water, diverted stream flows, rising groundwaters, direct infiltra- tion to ensure the containment and clean tion to the stormwater system, uncontami- up of such. discharge and shall confirm such nated pumped groundwater, foundation and telephone notification in writing to the di- footing drains, water from crawl space rector within three (3) calendar days. pumps, air conditioning condensation, (4) Administrative order. The- director may springs, individual residential car wash- issue an order to: any person. to immedi- ings, flows from riparian habitats- and wet- ately cease any discharge,. or connection to lands, and de-chlorinated swimming pool the stormwater system, determined by the contributions. director to be in violation of any provision (4) Illicit connections. No person. may main- of this section,. or in violation of any regu- tan, use or establish. any direct or indirect lation or permit issued. hereunder. connection to the stormwater system that (g) Enforcement. results in any discharge in violation of this section. This prohibition is retroactive and (1} Injunctive relief. Any violation of any pro- applies to connections made in the past, re- vision of this- section,. or of any regulation gardless of whether made under a permit, or order issued hereunder, shall be subject _ n c s to rotect or other authorization,. or whether permis to injunctive relief if a es ary p III sible under laws. or practices applicable or the public health, safety or general' wel- prevailing at the time the connection was fare. made. (2) Continuing violation. A person shall be ~ (5) Administrative order. The director may deemed guilty of a separate violation for issue an order to any person to immedi- each and every day during any continuing ately cease any discharge,. or any connec- violation of any provision. of this section, or tion to the stormwater system, determined of any regulation or permit issued here- by the director to be in violation of any pro- under. vision of this section, or in violation of any regulation or permit issued hereunder. (3) En forcement actions. The director may take (f) Spills and dumping. all actions necessary, including the issu- ance of notices of violation. and the filing of (1) General prohibitions. Except as set forth court actions, and/or request enforcement under section. 21-70(e)(3) or as in accordance by the village code enforcement board to Supp, No. 5 1362 I PLANNING AND DEVELOPMENT § 21-101 require and enforce compliance with the (2) Authority for monitoring and sampling. Any provisions of this section and with any reg- authorized official may establish on any ulation or permit issued hereunder. property such devices as are necessary to conduct sampling or metering of discharges (h) Inspections and monitoring. of the stormwater system, During any in- (1) Authority for inspections. Whenever neces- spections-made to enforce the provisions of this section, or regulations or permits is- sary to make an inspection to enforce any sued hereunder, any authorized official may of the provisions of this section, or regula- take any samples deemed necessary. tion or permit issued hereunder, or when- ever an authorized official has reasonable (3) Requirements for monitoring. The director cause to believe there e~usts any condition may require any person engaging in any constituting a violation of any of the provi- activity or owning any property, building sions of this section, or regulation or permit or facility (including but not limited to a issued hereunder, any authorized official site of industrial activity) to undertake such may enter any property, building or fa- reasonable monitoring of any discharge(s) cility at any reasonable time to inspect the to the stormwater system and to furnish same or to perform any duty related to en- periodic reports. forcement of the provisions of this section (Ord. No. 34-90, § 1.1(f), (j), 9-27-90; Ord. No. 8-93, or any regulations or permits issued here- § 1, 2-11-93) under; provided that (a) if such property, building or facility is occupied, such autho- Secs. 21.71-21.100. Reserved. rized official shall first present proper cre- dentials and request permission to enter, and (b) if such property, building or facility ARTICLE VI. ARCgIAEOLOCxICAL SITE is unoccupied, such authorized official shall PROTECTION REGIJLATIOI+TS* make a reasonable effort to locate the owner or other person having charge or control of Sec. 21-101. Purpose and intent. the property, building or facility, and shall request permission to enter. Any request (a) It as hereby declared that the protection, en- for permission to enter made hereunder hancement and examination of significant archae- , shall state that the owner or person in con- ological resources is in the interest of the health, trol has the right to refuse entry, and that safety and welfare of the people of the Village of in such event is refused, the authorized of- North Palm Beach. It is acknowledged that within ficial may enter to make inspection only the Village of North Palm Beach there exists sites upon issuance of a search warrant by a duly which are of significant archaeological value as authorized magistrate. If the owner or prehistoric, historic and cultural resources. person in control refuses permission to enter (b) The purposes of this article are to: after such request has been made, the au- thorized official is hereby authorized to seek (1) Establish a procedure for review of devel- assistance from any court of competent ju- opment proposals on lands which are iden- risdiction in obtaining entry, Routine or tified as containing archaeological re- area-wide inspections shall be based upon sources; such reasonable selection processes as may (2) Establish a method to review the potential be necessary to carry out the purposes of archaeological value of previously uniden- - this section, including but not limited to random sampling and sampling in areas "Editor's note-Provisions enacted by I-VIII of Ord. with evidence of stormwater contamina- No. 6-92, adopted May 28, 1992, have been included herein at the discretion of the editor as Art. VI, 21-101-21-108. tion, non-stormwater discharges, or 5fmilar Cross references-Code enforcement board, § 2-171; build- faCtorS. ings and building regulations, Ch. 6. Supp. No. 5 1363 § 21-101 NORTH PALM BEACH CODE tified sites after the discovery of prehistoric ological sites include aboriginal mounds, forts, and historical artifacts, skeletal or fossil- earthworks, village locations, camp sites, mid- ized human remains, or non-human verte- dens, burial mounds, missions, historic or prehis- brate fossils during development; toric ruins which are, or may be the source of (3) Establish a mechanism to protect, when ap- artifacts or other items of significant archaeolog- propriate, resources of significant arehaeo- ical value. logical value identified pursuant to this ar- Archaeologist, qualified: An .archaeologist who ticle that are deemed important by a is a member of, or is qualified for membership in qualified archaeologist to the prehistory or the Florida Archaeological Council or the Society history of the county, state or nation; and of Professional Archaeologists. (4) Facilitate protection of resources of signif- Artifacts: Relics, specimens or objects of histor- icant archaeological value without substan- ical, prehistorical, archaeological or anthropolog- tially delaying development. ical nature, over seventy-five (75) years old, which (Ord. No. 6-92, § I, 5-28-92) may be found on, above, or below the surface of the earth, including land and water, which have a Sec. 21-102. Applicability. scientific or historic value as objects of antiquity, This article is applicable within the incorpo- as aboriginal relics or as anthropological speci- rated limits of the Village of North Palm Beach mens, including but not limited to clothing, tools and shall apply to: A parcel on which a previously and weapons made of ceramics, worked stone, unidentified artifact or any human skeletal or fos- shell, bond, teeth, hide, feathers and horn, metal silized human remain or non-human vertebrate coins, glass, beads, building material, daub, and fossils of significant archaeological value is found plant fibers. Objects over seventy-five (75) years during site development. old but not of significant archaeological value shall (Ord. No. 6-92, § II, 5-28-92) not be considered an artifact for purposes of this \ article. Further, objects under seventy-five (75) Sec. 21-103. Definitions. years old and deemed by a qualified archaeologist to be of significant archaeological value shall be Unless specifically defined below, words or subject to the provisions of this article. phrases used in this article shall be interpreted so as to give them the meaning they have in common Certificate to dig: A certificate that is necessary usage and to give this article its most reasonable prior to removal of a suspension order on a site application. where artifacts or fossilized human remains or non-human vertebrate fossils are found during the Applicant: Person or entity applying for a cer- development process, tificate to dig. Archaeologist consultant: Consultant to the Application: Application for a certificate to dig, public services department who shall be a quali- Archaeological evaluation repast: Letter pre- fied archaeologist. pared. by the village's consulting archaeologist Department: Public services department. after issuance of a suspension order by the depart- ment. The letter evaluates the potential signifi- Developer: Any person, including agovern- cance of an archaeological site. mental agency, undertaking any development as defined in this article. Archaeological site: A property or location which has yielded or might yield information on the Development: As defined in Section 380.04, county, state or nation's history or prehistory. Ar- Florida Statutes, as well as site preparation work chaeological sites are evidenced by the presence. consisting of excavation, earth moving, and the of artifacts and features on or below the ground like. This definition shall not include: (1) the di- surface indicating the past use of a location at viding of land into two (2) or more parcels; (2) least seventy-five (75) years ago by people. Archae- demolition of a structure except as necessary for t\ Supp. No. 5 1364 I PLANNING AND DEVELOPMENT § 21-10~ construction and occurring after receipt of the of the property owner, contractor or valid development order. subcontractor, or other party discov- ering the potential find; Development order: Any order granting or (2) Within one (1) working day of discov- granting with conditions an application for a de- Bring the potential find, the depart- velopment permit. ment and, if applicable, the property Development permit.• Means any rezoning, spe- owner shall be notified; cial exception, special permit, site plan, subdivi- (3) Within three (3) working days, the ar- sion plat, excavation or land clearing permit, chaeologist consultant to the village building permit, or any other official action of the shall inspect and evaluate the site for Village of North Palm Beach having the effect of the purpose of determining whether ar- permitting the development of land. tifacts or human skeletal or fossilized remains or non-human vertebrate fos- Fossil: A remnant or trace of an organism of a sils are located on a site. If the quali- past geological age. fied archaeologist determines a signif- Significantarchaeological value: An archaeolog- icant archaeological resource is on site ical site, fossil or artifact which could yield or has or likely to be on site, the director of yielded information deemed by a qualified, archae- the public services department shall ologist to be of significant scientific, historical, issue an order suspending construction ethnic or public significance to the history or pre- and define the area where the order history of the county, state or nation. suspending construction applies, based upon the archaeologist's assessment. Suspension order: Order suspending construe- Such order does not have the effect of a Lion work directly over the potential archaeolog- stop work order and shall not stop con- ical find. During the initial site visit, a qualified struction activity not directly im- archaeologistmay extend the boundary of the sus- patting the defined potential archaeo- pension order based on the potential significance logical site; and geographic coverage of the find. (4) The archaeologist consultant shall eval- Unmarked human burial: Any .human skeletal uate the significance of the archaeolog- or fossilized remains discovered during any land ical find and send a written archaeo- development activity or archaeological excava- logical evaluation report to the property tion. owner and director of the public ser- (Ord. No. 6-92, § III, 5-28-92) vices department within seven (7) working days from issuance of the sus- Sec. 21-104. Development subject to archae- pension order; and ological review. (5) In the archaeological evaluation report, the archaeologist consultant shall re- Development~ shall be subject to this article as quire an application for a certificate to follows: dig be prepared if the archaeologist de- termines the site contains artifacts of (a) Previously unidentified archaeological sites significant archaeological value. If the discovered during development. When one archaeologist consultant determines or more artifacts of human skeletal or fos- that there is no reasonable possibility silized remains or non-human vertebrate that artifacts of significant archaeolog- fossils are found on a site during develop- ical value are contained on the site, the ment, all development activity directly over archaeologist shall make such a finding the find shall cease. The following proce- to the department in the archaeolog- dure shall apply: ical evaluation report and the depart- (1) The area directly over the find shall be ment shall immediately lift the suspen- staked by the property owner or agent Sion order. Supp. No. 5 1365 _ § 21-104 NORTH PALM BEACH CODE. (b) Sites containing human skeletal remains. If of its findings within ten (10) working days. Eval- human skeletal remains are found, then uation of the application by the department shall Section 872.05, Florida Statutes (1991), as be based upon. guidelines in this article and. rec- amended from time to time, controls. ommendations included in the archaeologist's re- (Ord. No. 6-92, § IV, 5-28-92) port and. recommendations of the Palm Beach County Historical Commission and the recommen- Sec. 21.105. Certificate to dig. dation of the Palm Beach County archaeologist. The department's evaluation shall do one of the (a) Application. Owner of parcels required by following: section 21-104 above, to make application for a certificate to dig to the department shall make (1) If the property is determined to have no such application prior to the issuance- of a devel- significant archaeological value or insignif- opment order and a copy of the application shall icant value, the department shall, if appli- beforwarded bythe department to the Palm. Beach cable, issue the certificate to dig, or lift. the County Historical Commission. The application .construction suspension order, if applicable, for the certificate to dig shall be made on a form and the development may proceed; or available from the department. Only one (1) cer- (2) If the property is determined to have sig- tificate to dig shall be required to develop a site nificant archaeological value, the depart- unless additional resources are found during site merit shall. issue a certificate to dig with or development. without conditions that. are deemed. neces- nary to protect or permit the excavation of (b) Report; contents of a certificate to dig. The any part of the site found to be of signfi- application for a certificate to dig shall be subject cance, including conditions regarding site to a fee- established by the department, governed design. In order to protect archaeological by section. 21-105(c), below, and include a report resources of significant. value, the depart- prepared by aqualified archaeologist. The report meet may require the- applicant. to do one shall at minimum contain a documented search of or more of the following aspart ofreceiving- the Florida. Master Site Files, a brief history.of the certificate to dig: the area, an archaeological. survey and field in- spectionperformed in a professionally acceptable a. Preserve the archaeological site within manner, an assessment.. of the archaeological sig- open. space of the development; nificance of the site, and a proposed plan for man- b. Redesign the development to accommo- agement. date preservation of all. or a portion of a site containingtlie significant: archae• All reports submitted' to the department on prop- ological resources;. erties determined to be of archaeological- signfi- c. The property owner may voluntarily cance shall include the preparation of a Florida fund or seek funding. for excavation of Master Site File (FMSF) form, which. shall be-for- the resource, if agreed- to by the v1- warded by the Department to the Division: of His- lage. torcal Resources of the Florida Department of (3) If the village finds it is impossible to ade- State. Copies of FMSF forms shall be available at quately preserve the. significant archaeo- the department. logical resource using the standards and' (c) Standards for issuance of a certificate to dig. procedures in (2), above, and the proposed Within three (3) working days of receiving an ap- development plan would adversely affect. plication, the department shall make a determ- any significant ar chaeologca resources nation of the completeness of the application. If found on the site, the department may delay the application is determined to be incomplete, issuance of a certificate to dig for up to four the department. shall request additional informa- (4) weeks after the submittal of a completed tion by certified mail. When the application is application so that either: complete, the department. shall prepare its eval- a. Appropriate archaeological excavation uation of the application.. and notify the applicant may be conducted to properly extract Supp. No. 5 1366 ~I~ PLANNING AND DEVELOPMENT § 21-108 and interpret the significant archaeo- conduct a public hearing at which time they may logical resources found on the .site; or affirm, modify or reverse the decision of the de- b. The village may approach any recog- partment. The applicant shall be notified by cer- nized historic preservation agency to tified mail, return receipt requested, of the date, seek alternative solutions; or time and place of such hearing and shall be pro- c. A buyer may be found to purchase a vided an opportunity to present testimony and ev- site for either site preservation or in idence and to be represented by counsel or an order to allow detailed excavation, agent. Nothing contained herein shall preclude analysis and interpretation of the site. the village council from seeking additional infor- (4) Fee for application for certificate to dig. The mation prior to rendering a final decision. The department shall charge a fee covering the decision of the village council shall be in writing direct and indirect costs associated with re- and a copy of the decision shall be forwarded to viewing an application for a certificate to the appealing party. An applicant may appeal a dig, issuing the certificate and .monitoring final decision of the village council within thirty compliance with the certificate. Fees for the (30) days of the rendition of the decision by filing issuance of a certificate to dig shall be added a petition for writ of certiorari in Circuit Court of to the department fee schedule by resolu- the Fifteenth Judicial Circuit in and for Palm tion of the village council. Beach County, Florida. (Ord. No. 6-92, § V, 5-28-92) (Ord. No. 6-92, § VII, 5-28-92) dec. 21.108. Procedure for addressing viola- Sec. 21-106. Cost. Lions, hearing and penalties. (a) The initial cost of the archaeologist con- Upon detection by the village that a property sultant that is required by section 21-104 shall be owner, agent of property owner, contractor or sub- borne by the village. contractor has violated this article, the village (b) Cost incurred under section 21-105, Certifi- shall notify the violator(s) and the property owner, cate to dig, where determination has been made if applicable, that a hearing has been set before of a positive archaeological find the cost shall be the code enforcement board of the village. The split between the property owner and the village. notice, hearing and fines shall be in accordance with the procedure set forth for the code enforce- (c) Cost incurred under section 21-105 where ment board as set forth in Article VI of Chapter 2 remains exist but are not of archaeological signif- of the Code of Ordinances of the village. In addi- icance shall be borne initially by the village; how- tion to the sanctions contained above, the village ever, if criminal significance is attached to the may take any other appropriate legal action, in- find, then the cost will be treated as a normal cluding, but not limited to, requests for tempo- criminal investigative activity. rary and/or permanent injunctions to enforce the (Ord. No. 6-92, § VI, 5-28-92) provisions of this article. It is the purpose of this article to provide additional cumulative reme- ~ec. 21-107. Appeals. dies. (Ord. No. 6-92, § VIII, 5-28-92) Within thirty (30) days of a written decision by the department, an aggrieved party may appeal the decision by filing a written notice of appeal with the clerk of the Village of North Palm Beach. The notice of appeal shall state the decision which is being appealed, the grounds for the appeal, and a brief summary of the relief which is sought, Within thirty (30) days of the filing of the appeal or the first regular meeting of the village council, whichever is later in time, the village council shall [The next page is 1411] Supp. No. 5 1367 TAXATION § 26-30 ARTICLE I. IN GENERAL (b) In the case of multiple-peril policies with a single premium for both the property and casu- Secs. 26.1-26.15. Reserved, alty coverages in such policies, seventy (70) per- cent of such premiums shall be used as the basis for the two-percent excise tax referred to herein. ARTICLE II, INSURANCE EXCISE TAXES (c) The excise or license tax shall be payable annually on the first day of March of each year. Sec. 26-16. Casualty insurance premiums. (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 here- after engage in or carry on the business of casu- ARTICLE III. UTILITX TAX* alty insurance as shown by the records of the state treasurer in his capacity as state insurance com- Sec. 26.29. Levied; rate. missioner, an excise or license tax in addition to any lawful license or excise tax now levied by the A tax in the amount of six (6) percent is hereby village amounting to one (1) percent of the gross imposed and levied on each and every purchase of amount of receipts of premiums from policyholders electricity, metered gas and bottled gas (natural on all premiums collected on casualty insurance liquefied petroleum gas or manufactured gas), policies covering property within the corporate within the corporate limits of the village. A tax of limits of the village. two cents ($0.02) per gallon is hereby imposed and levied on each and every purchase of fuel oil within (b) In the case of multiple-peril policies with a the corporate limits of the village. single premium for both property and casualty (Code 1970, § 38-21; Ord. No. 199-69, 1, 6; Ord. coverages in such policies, thirty (30) percent of No. 222-71, § 1, 1-14-71; Ord. No. 22-79, § 1, such premium shall be used as the basis for the g-27-79; Ord. No. 9-81, § 1, 9-24-81; Ord. No. 16-92, one-percent tax above. § 1, 9-24-92) (c) The excise or license tax shall be payable annually March 1 of each year after the passing of Sec. 26.30, Collection. an ordinance assessing and imposing the tax herein authorized. (a) The tax imposed and levied in section 26-29 (Code 1970, § 38-19) shall be collected from the purchaser of such util- ities services and paid by such purchaser for the Sec. 26-17. Property insurance premiums. use of the village to the sellers of such electricity, fuel oil, metered gas and bottled gas (natural liq- (a) In accordance with F.S. section 175.101, the uefied petroleum gas or manufactured gas) at the village does hereby assess and impose on every time of the purchaser paying the charge therefor insurance company, corporation or other insurer to the seller. now engaged in or carrying on, or who shall here- after engage in or carry on, the business of prop- (b) The sellers of electricity, fuel oil, metered erty insurance, as shown by the records of the gas and bottled gas (natural liquefied petroleum state treasurer in his capacity as state insurance gas or manufactured gas) within the corporate commissioner, an excise or license tax in addition limits of the village shall act as the tax collection to any lawful license or excise tax now levied by mediums or agencies for the village, and they shall the village amounting to two (2) percent of the collect from the purchasers of such utilities ser- gross amount of receipts of premiums from poli- vices for the use of the village the tax imposed cyholders on all premiums collected on property and levied by this article and shall report and pay insurance policies covering property wlthln the *State law reference-Public service tax authorised, F.S. corporate limits of the village. § 1ss.231. Supp. No. 5 1629 § 26-30 NORTH PALM BEACH CODE , over to the village all such taxes imposed, levied and collected in accordance with the accounting methods and other provisions of this article. (c) The sellers of such electricity, fuel oil, me- tered gas and bottled gas (natural liquefied petro- leum gas or manufactured gas) shall account for, report and pay over all moneys received by them on or before the fifteenth day of each and every month under the provisions of this article, and shall submit such moneys, reports and accounting to the village treasurer on or before the first day of the month following the fifteenth day of each month. The accounting and reports which shall accompany such payment shall be upon such forms as can be mutually agreed upon by the village treasurer and the .sellers of such electricity, fuel oil, metered gas and bottled gas (natural liquefied petroleum gas or manufactured gas), and if no such agreement can be reached, they shall be upon such forms as are determined by the village trea- surer. (Code 1970, § 38-22; Ord. No. 199-69, § 5; Ord. No. 222-71, § 1, 1-14-71) dec. 26-31. Exemptions. (a) The municipal government of the village, its commissions and agencies, shall be exempted from the payment of the tax imposed and levied by this article. (b) The tax imposed by this article shall not be applied against any fuel adjustment charge, and such charge shall be separately stated on each bill. "Fuel adjustment charge" shall mean all in- creases in the cost of utility services to the ulti- mate consumer resulting from an increase in the cost of fuel to the utility subsequent to October 1, 1973. (c} The purchase of natural gas or fuel oil by a public or private utility, either for resale or for use as fuel in the generation of electricity, or the purchase of fuel oil or kerosene for use as an air- craft engine fuel or propellant or for use in internal-combustion engines shall be exempt from taxation hereunder. (d) The tax imposed by this article shall not apply to purchases by any recognized church in i~ the state for use exclusively for church purposes. (Code 1970, § 38-23) [The next page is 1681] Supp. No. 5 1630 i i CODE COMPARATIVE TABLE-ORDINANCES Adoption Section Ord. No. Date Section this Code 40.90 12-13-90 1 18-38 3-91 1-24-91 1 App. B, § 36-23 4-91 2-28.91 1 2.177(a) 6-91 3.14-91 1 Rpld App. C, § 45-20 7-91 3-14-91 1 App. C, § 45-36 16.91 4-11-91 1-12 2-170-2-170.11 17-91 4.25-91 1 2-174(a) 19.91 5-23-91 2 11-11 20-91 5-23-91 1 6.20 21.91 5-23-91 1(1)-(7) 12.101-12-107 23-91 6-27-91 1 Readopting Ordi- nance, p. ix 24-91 7-11-91 1 App. C, § 45-35.2(B)(8) 33.91 10-24-91 1 9-21(c), (d) 34-91 11-14-91 1 14-30(b) 1-92 2-13.92 1-6 2-159-2-164 7 Rpld 2-165 8 2-166 9 Rpld 2-167 10 Added 2-167 11, 12 2-168, 2-169 3-92 2-2?-92 1, 2 15-1, 15-2 5-92 4-23-92 1-6 20-61-20.66 6.92 5.28.92 I-VIII 21.101-21.108 8-92 6-25-92 1 18-34.1 13-92 9-10-92 1, 2 12-16, 12-17 14-92 9-10-92 2 6-17 3 Rpld 6-20 16-92 9-24-92 1 26.29 18.92 10-22-92 1 14.30 4-93 1-14-93 1 2.149ic) 5-93 2-11-93 1 21-70 [The next page is 2933] Supp. No. 5 2883 t CODE INDEX BOATS, DOCKS AND WATERWAYS- Section BOATS, DOCKS AND WATERWAYS- Section Contd. Contd. Specifications 5-71 Subdivision provisions re waterways...... 36.22 et seq. Submission of plans and specifications 5-70 See: SUBDIVISIONS (Appendix B) Canals Swimming in restricted waters 5.3 Canal crossings 5-60 Water skiing............................ 5-5 Compliance with provisions required.. 5-56 BOISTEROUS CONDUCT Drainage canals 5-59 Noisy and boisterous 19-106 General requirements 5-5? Navigation canals 5-58 BONDS Surety bond prerequisite to issuance of Administrative code; bonds required of cer- building permit in certain cases.. 5-61 tain officers 2-42 Docks and piers Canal construction; surety bond prerequi- Construction inwaters other than Lake site to issuance of building permit 5-61 Worth and Atlantic Ocean, regula- Finance director, duties re < 2-59(7) tions governing 5-84 Treasure's duties re proceeds of bonds 2.51(5) Definitions 5.81 Village manager 2-117 Generally 5-82 BRUSH. See: WEEDS AND BRUSH Lake Worth and Atlantic Ocean, regu- lations governing construction in . 5-85 BUILDINGS Minimum design requirements 5.83 Appearance code Variances 5-86 APPeals and review.................... 6.35 Erosion control structures Appearance plan 6-33 Construction 5.95 Certificate of appropriateness Control 5-96 Final hearings...................... 6-57 Definitions 5-93 Follow-up by building inspector 6-60 Permitted, when 5-94 Planning commission Piers. See within this subheading: Docks Action of 6-58 and Piers Approval by 6-59 Seawalls. See within this subheading: Preliminary consideration............ 6-56 Bulkheads and Seawalls Definition 6-31 Definitions 5-1 Intent and purposes.................... 6.32 Disturbing other boats 5-g Planning commission, powers and duties Exhibition boats exempted from certain re- re•••••••••••••••••••••••••••••••• 6-36 strictions 5-4 Short title 6-30 Flood damage prevention provisions 12.5-1 et seq. Appearance plan (Appendix A). See that sub- See: FLOOD DAMAGE PREVENTION ject Health and sanitation requirements Coastal construction code 6-151 et seq. Cleanliness of docks See: COASTAL CONSTRUCTION CODE 5-11 Code enforcement board, applicability re 2-173 Observance of village health and conduct Codes rules 5-10 Adopted 6.17 Pollution of waterways 5-13 Appearance code. See herein that subject Refuse disposal 5-12 Coastal construction code 6-151 et seq. Living aboard boats restricted............ 5-15 Electrical code 11-11,11-12 Marine sanctuaries Energy efficiency building code......... 6-150 Designation of waters as marine sanctu- Fire prevention code 12-16, 12-17 aries Housing code 15-1, 15.2 Area to be regulated 5-101(c) Country club............................ 9-1 et seq. Areas designated 5-101(b) See: COUNTRY CLUB Construction of provision 5-101(d) Electrical code 11-11, 11-12 Definition 5-101(a) Energy efficiency building code Parking Adopted by reference 6.150 Boating equipment; parking on residen- Fire district 6-3 tial property restricted 18-35 Flood damage prevention 12.5-1 et seq. - Private docks, mooring without permission 5-9 See: FLOOD DAMAGE PREVENTION Running engines, hours in residential dis- Handicapped persons tricts 5-14 Accessibility to buildings; state law Searchlights, use of 5-7 adopted........................... 6-2 Speed limits; wakes 5-2 Housing code............................ 15-1, 15.2 Supp. No. 5 2937 NORTH PALM BEACH CODE BUILDINGS-Contd. Section BUSINESS REGULATIONS-Contd. Section Landscaping . . 27-31 et seq. Doing business not covered by certificate See: LANDSCAPING of regulation 17.34-7 Minimum construction standards Duplicate certificates of regulation 17-34.6 Authority 6.16 Duration......... 17-34.3 Codes adopted 6-17 False statements Violations and penalty 6-19 Certificate obtained void ab initio 17.34.7 Missiles, throwing 19.83 Engaging in business without certifi- Noise from building 19.102 Cate of regulation or under certiFi- Obstructing passageway 19-47 cate issued on................... 17-34.11 Outdoor displays. See herein: Signs and Out• Fee exemptions 17.34.10 door Displays Fee schedule 17-34.12 Park and recreation facilities; erecting build- Half-year certificate 17-34.3 ings or structures 20-3 Issuance of certificate.................. 17-34.3 Public land, construction on prohibited.... 6.1 Noncompliance of principal 17.34.8 Public services department; division of per• Nonprofit enterprise, special permit for . 17-34.5 mits and inspections 2.85(1) Refund of fee......................... , 17-34.9 Signs and outdoors displays 6-111 et seq. Registration required.................. 17.34.1 See: SIGNS AND BILLBOARDS Renewal 17-34.4 Smoke, dust, odors, liquids, etc........... 19-9 Suspension or revocation of certificate 17-34.9 Spitting in public places prohibited 19.5 When due and payable . 17.34.3 Stormwater management; level of finished Garage and other sales . : 17-61 et seq. floor of structures 21.63 See: GARAGE AND OTHER SALES Subdivision regulations 36-1 et seq. Occupational licenses 17-16 et seq. See: SUBDIVISIONS (Appendix B) See: LICENSES AND PERMIT Swimming pools 25.1 et seq. Wellfield protection See: SWIMMING POOLS Regulation of business activities with po- Zoning regulations 45.1 et seq, tential to contaminate land and water See: ZONING (Appendix C) resources 19-221 BULKHEAD LINES Code enforcement board, applicability re 2.173 C Established; designated 7.1 Filling operation beyond bulkhead line pro- CAMPING hibited 7-2 Recreational, boating and camping equip- Fillingpermit ment; parking on residential property Application fees 7-19 restricted 18-35 Application; issuance 7-18 Expiration date; renewal; revocation.... 7-20 CANALS Public hearing prerequisite to consider- Construction requirements 5-56 et seq. ation 7-17 See: BOATS, DOCKS AND WATER- Required 7-16 WAYS Unlawful fill; removal 7-3 CATS BULKHEADS Regulations enumerated . 4-24 et seq. Bulkheads- and seawalls, construction re- See: ANIMALS AND FOWL quirements re 5-69 et seq. See: BOATS, DOCKS AND WATER- CERTIFICATES WAYS Appearance code; certificate of appropriate- ness 6.56 et seq. BUSINESS REGULATIONS See: BUILDINGS Ambulances 17-50, 17.51 Businesses located. outside village limits, Businesses located outside village limits certificate of business regulations re 17-34 et seq. Application for certificate of regulation . 17-34.2 See: BUSINESS REGULATIONS Certificate of business regulation re- Historic site overlay district; certificate of quired;basis of one year........... 17-34 appropriateness 45-37(H) Commercial vehicles, marking of 17-34.13 Compliance by principal deemed compli- CIVIL DISORDERS AND DISTURBANCES ante by agent 17-34.8 Mayor designated local authority for pres- j Delinquency penalty 17-34.4 ervation of public peace.............. 8-16 1\ Supp. No. 5 2938 CODE INDEX CLERK Section Department of records, provisions re village clerk and deputy village clerk........ 2-67 et seq. See: DOCUMENTS AND PUBLIC RECORDS CLUBS Country club 9-1 et seq. See: COUNTRY CLUB COASTAL CONSTRUCTION CODE Coastal construction requirements Location of construction 6-155(4) Major structures, structural requirements for 6.155(1) Minor structures, structural requirements for 6-155(3) Supp. No. 5 2938.1 i I CODE INDEX PARKS, PLAYGROUNDS AND RECRE- Section PENSIONS AND RETIREMENT-Contd. Section ATION-Contd. Trustee and contact person... < 2.170.10 Department of recreation Vesting provisions, schedule of 2-170.8 . Director's duties Village contributions 2.170.9 Conduct community activity 2-110(2) Pension and certain other benefits for fire Supervise recreation areas 2.110(1) and police employees Ejectment of violators 20-8 Benefit amounts Enforcement of provisions, responsibility.. 20-7 Cost of living 2-161(g) Hours regulated 20.1 peath benefits 2-161(d) Meetings and gatherings Disability retirement 2-161(e) Liability for loss or injury 20-23 Early retirement 2-161(6) :Permit Formula 2-161(c) Appeal from refusal to issue.......... 20-35 Limitation on 2-161(h) Application 20-33 Normal retirement benefit 2-161(a) Form 20.32 Termination benefits and vesting...... 2.161(f) Issuance standards 20.34 Board of trustees Required 20.31 Bring and defend lawsuits Revocation 20.36 Powers 2-164(e) Rules and regulations, permittee bound , , , 2-164(a) by 20.22 Composition Property used to violate provisions, confis- Forfeiture of membership on board for cation of 20-9 absenteeism..................... 2.164(6) Public services department Meetings 2-164(d) Power and authority 2-166 Division of parks 2-85(2) Recreation advisory board Reports and records 2-164(c) Created 20.61 Contributions Duties 20-66 Employer........................... 2-163(c) Meetings 20-65 Forfeitures.......................... 2-163(d) Officers' quorum, compensation 20-64 Member 2-163(x) Removal 20-63 State 2-163(6) Definitions 2-159 Terms 20-62(6) Discharged members 2.169(a) Vacancies 20.62(c) Incompetents.......................... 2-169(d) Restrooms, failure to cooperate in keeping neat or sanita 20.2 Insurers, tax on 2-167 Membership Traffic A lication for membershi 2-160(6) Enforcement of traffic regulations 20-5(2) pp p' ~ ~ ~ ' ~ ' ~ ' ' Buy-back of previous service 2-160(d) Operation confined to roads 20-5(5) Changes in designation of beneficiary. 2.160(c) Parking areas designated 20-5(6) Conditions of eli bilit 2-160(a) Signs 20.5(3) ~ Y.............. Speed of vehicles 20.5(4) Nonassignability 2-169(6) State motor vehicle laws 20.5(1) Number and gender 2-169(e) Trees Optional forms of benefits 2-162 Pension validity 2-169(c) Climbing trees, etc 20.4 Repeal or termination of plan 2-168 Use by public only 20-1 Tax on insurers 2.167 PENALTIES. See: FINES, FORFEITURES Pension and certain other benefits for gen- AND OTHER PENALTIES eral employees Benefit amounts and eligibility PENSIONS AND RETIREMENT Early retirement 2.148(d) Length of service award plan for volunteer Late retirement 2-148(c) firefighters Preretirement death 2-148(e) Benefit formula 2-170.6 Retirement benefit 2-148(6) Contact person 2-170.10 Retirement date..................... 2-148(a) Effective date 2-170.3 Termination of employment.......... 2-148(f) Eligibility 2-170.4 Definitions............................ 2-146 Entitlement age 2-170.5 Discharged members 2-156(a) Plan, name of 2-170.2 Incompetents.......................... 2-156(d) Point system 2-170.11 Membership Preretirement death benefit............ 2-170.7 Application for membership.......... 2-147(6) Purpose 2-170 Change in designation of beneficiary.. 2-147(c) Sponsor, name of 2-170.1 Conditions of eligibility.............. 2-147(a) Supp. No. 5 2947 NORTH PALIVI'BEACIi CODE PENSIONS AND RETIREMENT-Contd. Section PLANNING AND DEVELOPMENT-Contd. Section Nonassignability 2-156(b) Management/monitoring and regula- Normal and optional forms of benefits 2-149 tort' program, establishment of 21.43(b) Pension validity 2-156(c) Minimum requirements............... 21-43(c) Repeal or termination of system 2-155 Management and monitoring program Retirement board Amendments to CIE and annual Additional rules and regulations autho- budget, recommendations on 21-46(c) sized 2-152 Annual public facilities update report. 21-46(b) Established 2-151 Generally........................... 21-46(a) Investing funds; custodian of securities 2-153 Regulatory program Oaths of office; meetings; quorum 2-154 Exemptions 21-47(b} Social security 2-136 et seq. Generally........................... 21-47(a) See: SOCIAL SECURITY Public facility adequacy, review to de• Volunteer firefighters, length of service terming 21-47(c) award plan for. See herein: Length of Short title 21.41 Service Award Plan for Volunteer Fire- Filing fees and costs for voluntary annex- fighters ation of land Enactment and authority 21-2(a) PERMITS. See: LICENSES AND PERMITS Fees: application 21-2(c) Jurisdiction 21-2(b) PERSON Planning commission, advice o£ 21-2(d) Definitions and rules of construction..... , 1-2 Stormwater management 21.61 et seq. See: STORMWATER MANAGEMENT PIERS Subdivision regulations 36-1 et seq. Docks-and piers, construction requirements See: SUBDIVISIONS (Appendix B) re 5.81 et seq. Zoning regulations 45-1 et seq. See: BOATS, DOCKS AND WATER- See: ZONING (Appendix C) WAYS PLANNING COMMISSION PLANNING AND DEVELOPMENT Composition; conduct generally Appearance plan (Appendix A). See that sub- Created 21-11(a) ject Meetings 21-11(c) Archaeological. site protection regulations . 21-101 et seq. Membership 21-11(b) See: ARCHAEOLOGICAL SITE PRO- Powers and duties 21-11(d) TECTION Zoning ordinances, changes to............ 21.12 Board of adjustment Composition; conduct generally PLATS. See: SURVEYS, MAPS AND PLATS Administrative orders, review of...... 21-21(d) PLAYGROUNDS. See: PARKS, PI,AY- Created 21-21(a) GROUNDS AND RECREATION Decision of administrative official, ap- peals to board From 21-21(e) POLICE Hearing of appeals 21-21(g) Court cost Judicial review of decisions of board 21.21(h) Assessment of additional court cost for law Membership; terms; alternate; compen- enforcement education expenditures 1-9 sation 21-21(b) Department of public .safety, provisions re Powers and duties 21-21(c) police division....................... 2-76(b) Stay of work and proceedings on appeal 21-21(f) See: PUBLIC SAFETY DEPARTMENT Comprehensive plan Elections; policemen to be present at polling Adoption 21-O1 place 10-77 Filing fees and costs for changes Fire division, provisions re police assistance 12-43 Enactment and authority 21-1(a) Impersonating police officer 19-8 ~i Fee; application 21-1(c) Pension and certain other benefits for fire Jurisdiction 21-1(b) and police employees 2-159 et seq. Planning commission, advise of....... 21-1(d) See: PENSIONS AND RETIREMENT Concurrency management Reserve force Adequate public facilities available to ser- Application for membership 23-43 vice development 21-45 Compensation......................... 23-50 Application 21-42 Created; purpose 23-42 Definitions 21-44 Director of public safety, appointment to Intent and purpose serve by 23-45 Comprehensive plan, implementation of 21-43(a) Oath required 23-47 Supp. No. 5 2948 I CODE INDEX POLICE-Contd. Section PUBLIC SERVICES DEPARTMENT Section Powers and duties 23-4$ Director's duties......................... 2-84 Reserve list to be maintained 23-44 Divisions Resignation 23-46 Municipal garage...................... 2-85(4) Uniforms and insignia 23-49 Parks................................. 2-85(2) POLLUTION Permits and inspections 2-85(1) Smoke, dust, odors, liquids, etc........... 19-9 Stormwater management provisions re pol- lutantloads 21-67 Waterways, pollution of 5-13 Wellfield protection Regulation of business activities with po- tential tocontaminate land and water resources 19.221 PRECEDING, FOLLOWING Definitions and rules of construction...... 1-2 PROFANITY Vulgar language prohibited in public places 19-65 PROPERTY Abandoned, inoperative and junked prop- erty 14-37 et seq. See: GARBAGE AND TRASH Appearance plan (Appendix A). See that sub- ject Definitions and rules of construction...... 1-2 Dogs on property of others 4-28(b) Insurance excise taxes; property insurance premiums 26-17 Noise from property 19-102 Signs projecting over public property 6-121 Subdivision regulations 36-1 et seq. See: SUBDIVISIONS (Appendix B) Weeds and brush 14-79 et seq. See: WEEDS AND BRUSH PUBLIC PLACES. See: STREETS, SIDE- WALKS AND PUBLIC PLACES PUBLIC RECORDS. See: DOCUMENTS AND PUBLIC RECORDS PUBLIC SAFETY DEPARTMENT Director's duties Designate instructor 2-75(2) Make assignments 2-75(1) Divisions Fire Fire fighting 2-76(c)(3) Fire prevention 2-76(c)(4) Maintain equipment 2-76(c)(2) Report losses 2-76(c)(1) Generally 2-76(a) Police Crime prevention 2-76(b)(3), (4) Investigation 2-76(b)(3) Patrol 2-76(b)(2) Radio 2-76(b)(6) Records 2-76(b)(1) Traffic 2.76(b)(5} Supp. No. 5 2948.1 �,- �� I I I I