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Code of Ordinances Supplement 03 SUPPLEMENT NO. 3 July 1992 CODE OF ORDINANCES Village of NORTH PALM BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 5-92, adopted April 23, 1992. See the Code Comparative Table for further information. Remoue old pages Insert new pages xiii-xv xiii gv Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 149-.156 149-156.3 947 947, 948 -1289 1289 1293 1293, 1294 2819 2819 2883 2883 2938.1-2942 2939-2942.1 2944.1-2948..1 2945-2948.1 2951, 2952 2951-2952.1 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 INSTRUCTION SHEET-Contd. - f - Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MLTNICIPAI, CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S,W. Tallahassee, FL 32316 (904) 576-3171 1-800-262-CODE I I i i i i TABLE OF CONTENTS-Confd. 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 725 Div. 1. Generally 725 Div. 2. Personnel 726 Div. 3. Equipment 726 Div. 4. Reserved 727 Art. IV. Recovery of Costs for Cleanup, Abatement and Re- moval of Hazardous Substances 727 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. Garage 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 Art. III. Stopping, Standing and Parking . 1173 Supp. No. 3 Xiii NORTH PALM BEACH CODE Chapter Page 19. Offenses and Miscellaneous Provisions 1225 Art. I. In General 1227 Art. II. Reserved 1228 Art. III. Offenses Against Property 1228 Art. IV. 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 Art. II. Planning Commission 1346 Art. III. Board of Adjustment 1347 Art. N. Concurrency Management 1349 l Art. V. Stormwater Management 1360 22. R.eserved 1411 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 Art. II. Insurance Excise Taxes . 1629 Art. III. Utility Tax 1629 Supp. No. 3 xiv TABLE OF CONTENTS-Contd. Chapter Page 27. Trees and Shrubbery 1681 Art. I. In General 1683 Art. II. Trees in Swale Areas 1683 Art. III. Landscaping 1683 Div. 1. Generally 1683- Div. 2. Reserved 1686 Div. 3. Requirements for Certain Yard Areas, Off-Street Parking and Other Vehicular Use Areas 1686 28. Use of Rights-Of--Way for Utilities 1739 Appendices A. Appearance Plan 2043 B. Subdivisions 2353 Art. I. In General 2355 Art. II. Procedures for Subdivision Plat Approval 2358 Art. III. Design Standards 2365 Art. IV. Required Improvements . 2368.1 Art. V. Enforcement Provisions 2372 Art. VI. Amendments 2378 Art. VII. Legal Status 2379 C. Zoning 2479 Art. I. In General 2481 Art. II. Generally 2484 Art. III. District Regulations 2486 Arts. IV, V. Reserved..... 2515 Art. VI. Amendments-Fees; Waiting Periods 2515 Art. VII. Nonconforming Uses of Land and Structures 2516 D. Franchises 2619 Statutory Reference Table 2819 Code Comparative Table-1970 Code 2869 Code Comparative Table-Laws of Florida 2873 Code Comparative Table-Ordinances 2875 Charter Index 2933 Code Index 2935 Supp. No. 3 xv I C t I Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on apage-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 1 151, 152 3 iii 1 153, 154 3 v, vi OC 155, 156 3 vii, viii OC 156.1, 156.2 3 ix OC 156.3 3 x.i, x.ii 1 157, 158 1 x.iii 1 159, 160 1 xi, xii 2 161, 162 1 xiii, xiv 3 211 OC xv 3 213 OC 1 OC 263 OC 3, 4 OC 265, 266 OC 5, 6 OC 267, 268 OC 7, 8 OC 269 OC 9, 10 OC 31.9 OC 11, 12 OC 321, 322 OC 13, 14 OC 323, 324 OC 65 OC 325, 326 OC 77 OC 327, 328 OC 79, 80 OC 329, 330 OC 81, 82 OC 331 OC 133 1 381 OC 135, 136 OC 383, 384 2 137, 138 OC 384.1 2 139, 140 OC 385, 386 OC 14.1, 142 OC 387, 388 OC 143, 144 OC 389, 390 OC 145, 146 OC 391, 392 OC 147, 148 OC 393, 394 OC 149, 150 3 395, 396 OC Supp. No. 3 [1] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 397, 398 OC 1225 OC 399, 400 OC 1227, 1228 OC 401, 402 OC 1229, 1230 OC 403 OC 1231, 1232 OC 453 OC 1233, 1234 OC 455, 456 OC 1235, 1236 OC 507 OC 1237, 1238 OC 509 OC 1239, 1240 OC 559 OC 1289 3 561, 562 OC 1291, 1292 OC 563, 564 2 1293, 1294 3 615 OC 1343 OC 617, 618 OC 1345, -1346 OC 619, 620 OC 1347, 1348 OC 671 2 1349, 1350 OC 673 2 1351, 1352 OC 723 2 1353, 1354 OC 725, 726 OC 1355, 1356 OC .727, 728 2 1357, 1358 OC 777 OC 1359, 1360 OC 779, 780 OC 1361 OC 781, 782 OC 1411 OC 783, 784 OC 1463 OC 785, 786 OC 1465, 1466 OC 787, 788 OC 1517 OC 789 OC 1519 1520 OC ~ 839 OC 1521, 1522 OC ~ 889 OC 1523 OC 891, 892 2 1573 OC 893, 894 OC 1575, 1576 OC 895, 896 OC 1577 OC 945 OC 1627 OC 947, 948 3 1629, 1630 OC 997 OC 1681 OC 999, 1000 OC 1683, 1684 OC 1051 OC 1685, 1686 OC 1053, 1054 OC 1687, 1688 OC 1055, 1056 OC 1689, 1690 OC 1057, 1058 OC 1739 OC 1059, 1060 OC 1741, 1742 OC 1061, 1062 OC 2043 OC 1063, 1064 OC 2045, 2046 OC 1065, 1066 vC 2v47, 204$ OC 1067, 1068 OC 2049, 2050 OC 1069, 1070 OC 2051, 2052 OC 1071 OC 2053 OC 1121 OC 2353 OC 1171 OC 2355, 2356 OC 11.73, 1174 OC 2357, 2358 OC Supp. No. 3 [2] I CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 2359, 2360 OC 2942.1 3 2361, 2362 OC 2943, 2944 2 2363, 2364 OC 2945, 2946 3 2365, 2366 OC 2947, 2948 3 2367, 2368 1 2948.1 3 2368.1 1 2949, 2950 OC 2369, 2370 OC 2951, 2952 3 2371, 2372 OC 2952.1 3 2373, 2374 OC 2953, 2954 OC 2375, 2376 OC 2965, 2966 OC 2377, 2378 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 3 2869, 2870 OC 2871 OC 2873 OC 2875, 2876 OC 2877, 2878 OC 2879, 2880 OC 2881, 2882 OC 2883 3 2933, 2934 OC 2935, 2936 OC 2937, 2938 2 2939, 2940 3 2941, 2942 3 Supp. No. 3 [3] t ADMINISTRATION § 2.156 one hundred (100} percent of benefits on a propor- (3) If there be any asset value after the appor- tionate basis to the person entitled to benefits in tionments under subparagraph (1} and {2), accordance with the provisions thereof. apportionment shall be made in respect of (c) The following shall be the order of priority each member in the service of the village for purposes of allocating the assets of the system on such date who is not entitled to an ap- as of the date of such repeal of this division, or if portionment under subparagraphs (1) and contributions to the system are discontinued with (2) in the amount equal to his accumulated the date of such discontinuance being determined benefits, provided that, if such remaining by the board: asset value be less than the aggregate of the amounts apportioned hereunder, such (1) Apportionment shall first be made in re- latter amounts shall be proportionately re- spect to each retired member receiving a duced so that the aggregate of such reduced benefit or each person receiving a benefit amounts will be equal to such remaining on such date on account of a retired (but asset value. since deceased) member, and each member who has, by such date, become eligible for (4) If there be any asset value remaining after normal retirement but has not yet retired, the apportionments under subparagraphs an amount which is the actuarial equiva- f1), (2) and (3), apportionments shall lastly lent of such benefit, based upon the actu- be made in respect of each member included arial assumptions used for purposes of the in subparagraph (3) above to the extent of most recent actuarial valuation, provided the actuarial equivalent, as described in (1) that, if such asset value be less than the above, of the accrued normal retirement aggregate of such amounts, such amounts benefit, less the amount apportioned in sub- shall beproportionately reduced so that the Paragraph (3), based on the credit service aggregate of such reduced amounts will be and average monthly earnings as of such equal to such asset value. date, provided that, if such remaining asset value be less than the aggregate of the (2) If there be any asset value remaining after amounts apportioned hereunder, such the apportionment under subparagraph (1), amounts shall be reduced so that the ag- apportionment shall next be made in re- gregate of such reduced amounts will be spect of each member in the service of the equal to such remaining asset value. village on such date who has completed at least ten (10) years of credited service and (d) After all the vested and accrued benefits pro- who is not entitled to an apportionment vided hereunder have been paid and after all other under subparagraph (1), in the amount re- liabilities have been satisfied, then and only then quired to provide the actuarial equivalent, shall any remaining funds revert to the general as described in (1) above, of the actuarial fund of the village. normal retirement benefit, based on the (Ord. No. 1-83, § 10, 1-13-83) credited service and average monthly earn- ings as of such date, and each vested former Sec. 2.156. Miscellaneous. member then entitled to a deferred benefit who has not, by such date, begun receiving (a) Discharged members. Members entitled to a benefit payments, in the amount required Pension as approved by the pension board shall to provide said actuarial equivalent of the not forfeit the same upon dismissal from the vil- accruednormal retirement benefit, provided lage, but shall be retired as herein described. that, if such remaining asset value be less (b) Nonassignability. No benefit provided for than the aggregate of the amounts appor- herein shall be assignable or subject to garnish- tionedhereunder, such latter amounts shall ment for debt or for other legal process. be proportionately reduced so that the ag gregate of such amounts will be equal to (c) Pension validity. The board of retirement such remaining asset value. shall have the power to examine into the facts Supp. No. 3 149 § 2.156 NORTH PALM BEACH CODE jj l upon which any pension shall heretofore or here- monthly earnings multiplied by his credited ser- after have been granted or obtained to determine vice, with a maximum benefit equal to fifty (50) if such pension was granted erroneously, fraudu- percent of average monthly earnings. For pur- lently or illegally for any reason. The board is poses of this calculation, average monthly earn- empowered topurge the pension rolls of any person ings and. credited service as of the date of deter- heretofore or hereafter granted a pension under urination shall be used. The accrued benefit is prior or existing law or heretofore granted under considered to be payable in the plan's normal form this division if the same is found to be erroneous, commencing on the member's normal retirement fraudulent or illegal for any reason; and to reclas- date, with such date determined as through the sift' any pensioner who has heretofore under any member remains in full-time employment with prior or existing law or who shall hereafter under the employer. this division be erroneously, improperly or ills- Accumulated contributions means a member's gaily classified. own contributions plus interest credited thereto, _ (d) Incompetents. If any member or beneficiary if any, by the board. is a minor or is, in the judgment of the board, Actuarial equivalence or actuarially equivalent otherwise incapable of personally receiving and means that any benefit payable under the terms 'vin a valid receipt for any payment due him rm ~ g of this lan in a form other than the normal fo P m the board ma unless and until under the syste Y~ of benefit shall have the same actuarial present claims shall have been made by a duly appointed value on the date payment commences as the guardian of such person, make such payment or normal form of benefit. For purposes of estab- anypart to such person's spouse, children or other fishing the actuarial present value of any form of person deemed by the board, in its sole discretion, payment, other than a lump sum distribution, all to have incurred expenses or assumed responsi- future payments shall be discounted for interest bility for the expenses of such person. Any pay- and mortality by using seven (7) percent interest ment so made shall be a complete discharge of and. the 1983 Group Annuity Mortality Table for any liability under the system for such payment. Males, with ages set ahead five (5) years in the (Ord. No. 1-83, § 11, 1-13-83) case of disability retirees. In the case of a lump Secs. 2.157, 2-158. Reserved. sum distribution, the actuarial present value shall be determined on the basis of the same mortality DIVISION 4. PENSION AND CERTAIN rates as just described and the Pension Benefit OTHER BENEFITS FOR FIRE AND POLICE Guaranty Corporation's interest rates for termi- EMPLOYEES* nating single employer plans, which rates are in effect: Sec. 2.159. Definitions. (1) Ninety (90) days prior to the member's date of termination if distribution is made within As used herein, unless otherwise defined or re- six (6) months of such date,. or quired by the context, the following words and phrases shall have the meaning indicated: (2) Ninety (90) days prior to the distribution date if distribution is made more than six Accrued benefit means the- portion of a mem- (6) months after date of termination. -- -- ber's normal retirement benefit which is consid- ered to have accrued as of any date. A member's Average monthly earnings means one-sixtieth of accrued benefit as of any date shall be equal to earnings of a member during the five (5) years of two and. one-fourth (2i/4) per-cent of his aver-age his Prr!ploymPnt within the last ten (10) years of employment, which is greater than the total *Editor'anot~-Ordinance No. 9-82, enacted June 10,1982, during any other five (5) years during the ten- did not expressly amend the Code; hence, codification of year period; provided that if a member shall have 1-11 as herein set out in 2-159-2-169 was at the discretion been employed for fewer than five (5) years, such of the editor. Cross references-Fire division, § 12-29 et seq.; police, average shall be taken over the period of his ac- Ch. 23. tual employment. Supp. No. 3 150 ADMINISTRATION § 2.159 Beneficiary means the person or persons enti- comes a member of the system on or after October tied to receive benefits hereunder at the death of 1, 1974, such military service shall not be cred- a member who has or have been designated in ited if he is receiving or will receive in the future writing by the member and filed with the board. a retirement benefit from the federal government If no such designation is in effect at the time of based in whole or in part on such military service. death of the member, or if no person so designated is living at that time, the beneficiary shall be the Early retirement date means for each member estate of the member. the first day of the month coincident with or next following the date on which he attains his fiftieth Board means the board of trustees which shall (50th) birthday. administer and manage the plan herein provided Earnings means a member's gross salary, in- and serve as trustee of the fund. eluding overtime, public safety pay increment and Credited service means the total number of years special pay, but excluding bonuses, such as lon- and fractional parts of years of service expressed gevity, safety and attendance awards and any as years and completed months, during which a other nonregular payments such as unused sick person serves as an employee as defined below, leave or vacation time pay. omitting interveningyears and fractional parts of Effective date means March 1, 1967, the date on years, when such person may not be employed by which this plan initially became effective. The ef- the employer; provided, however, such person may fective date of this restated plan is the date as of have, without interrupting his other years of creel- which the village council adopts the plan. ited service, up to one (1) year's leave of absence. Employee means each actively employed full- Notwithstanding the foregoing, no employee will time firefighter and police officer of the village. receive credit for years or fractional parts of years of service for which he has withdrawn his contri- Employer means the Village of North Palm butions to the pension fund for those years or frac- Beach, Florida. tional parts of years of service unless he repays Firefighter means any person employed in the into the pension fund the contributions he has fire department who is certified as a firefighter as withdrawn, with interest, within ninety (90) days a condition of employment in accordance with the after his reemployment, as provided in section provisions of section 633.35, Florida Statutes, and 2-160 below. whose duty it is to extinguish fires, to protect life, Further, an employee may voluntarily leave his and to protect property. contributions in the pension fund for a period of Fund means the trust fund established herein five (5) years after leaving the employ of the em- as part of the plan. plover, pending the possibility of his being re- hired, without losing credit for the time he has Member means an employee who fulfills the pre- participated actively as an employee. Should he scribed participation requirements. not be reemployed within five (5) years, his con- Normal retirement date means for each member tributions shall be returned to him without in- the first day of the month coincident with or next terest. following the date on which he attains his sixtieth It is provided further that credited service shall (60th) birthday. A member may retire on this include any service, voluntary or involuntary, in normal retirement date or on the first day of any the armed forces of the United States, provided month thereafter. the employee is legally entitled to reemployment Plan or system means the Village of North Palm under the provisions of the Universal Training Beach Fire and Police Retirement Fund as con- e and Service Act or any similar law; and provided tained herein and all amendments thereto. further that the employee shall apply for reem- ployment within the time and under the condi- Plan year means each year commencing on Oc- tions prescribed by law. For any person who be- tober 1, and ending on September 30. Supp. No. 3 151 § 2-159 NORTH PALM. BEACH CODE _ Police officer means any person employed in the (c) Change in designation of beneficiary. A police department who is certified as a law en- member may,. from time to time, change his des- forcement officer as a condition of employment in ignated beneficiary by written notice to the board accordance with the provisions of section 943.14,. upon forms provided by the board. Upon such Florida Statutes, and who is vested with authority change, the rights of all previously designated ben- to bear arms and make arrests, and whose pri- eficiaries to receive any benefit under the plan many responsibility is the prevention and detec- shall cease. tion of crime or the. enforcement of the penal, crim- inal, traffic or highway laws of the state. Any (d) Buy-back of previous service. Each member public safety officer who is responsible for per- of the plan who terminates his employment with forming both police and fire services and who is the employer and who is subsequently reemployed certified as a police officer or firefighter shall be by the employer shall be permitted to "buy-back" considered a police officer. his previous credited service under the following conditions: Spouse shall mean the lawful wife or husband of a member at time of preretirement death or (1) The length of time between the member's retirement. termination date and his subsequent reein- (Ord. No. 9-82, § 1, 6-10-82; Ord. No. 1-92, § 1, ployment date is not limited. 2-13-92) (2) The member must pay into the fund an amount equal to the sum of the amount he Sec. 2-160. MeffiToership. withdrew from the fund when he fermi- . nated employment, plus interest thereon at (a) Conditions of eligibility. Each person who the rate of seven (7) percent from the date becomes an employee must become a member of of withdrawal to the date of repayment. the .plan as a condition of his employment. Each (3) The board shall notify the employee of the ' such employee shall be considered a member on total amount payable, as described above. the October 1 coincident with or next following Payment must be made within ninety (90) the first anniversary of his date of employment or days of such notification. reemployment as an employee. (4) Upon timely payment of .the required (b) Application for membership. Each eligible amount, the employee shall immediately be employee shall, within thirty (30) days of becoming reinstated as member of the plan and shall ~ eligible, complete an application form covering the be given credit for his previous credited ser- following points, as well as such other points or vice. items as may be prescribed by the board: (Ord. No. 9-82, § 2, 6-10-82; Ord. No. 1-92, § 2, 2-13-92) (1) Acceptance of the terms and conditions of the plan; Sec. 2-161. Benefit amounts. (2) Designation of a beneficiary or beneficia- ries; (a) Normal retirement benefit. - - (3) Authorization of a payroll deduction pay- (1) Amount. Each member who retires on or able to the plan as hereinafter provided; after his normal retirement date shall be (4) PrnyiclOn Of arGeptable Pvidan~P of his date ellb ble t0 receive a normal retirement ben- of birth; efit commencing on his actual retirement (5) A certified statement as to prior medical date. The monthly normal retirement ben- history; and efit shall be an amount equal to two and one fourth (21/4) percent of his average (6) A written release allowing distribution of monthly earnings multiplied by the mem- all medical records to the board. ber's credited service. The maximum ben- Supp. No. 3 152 I i i I ADMINISTRATION $ 2-161 efit is fifty (50) percent of average monthly benefit but who dies before commencement earnings. of benefits, a death benefit shall be paid to (2) Form of benefit. The normal retirement ben- his designated beneficiary, as of his date of efit shall commence on the member's ac- death. It shall be assumed that such de- tual retirement date and be payable on the ceased member had retired on the day be- first day of each month thereafter, with the fore his date of death, and a monthly ben- last payment being the one next preceding efit shall be paid to the beneficiary in the retiree's death. accordance with the optional form of ben- efit that the member had selected prior to (3) Optional forms of benefit. In lieu of the form is death. If the member had not selected an of benefit just described, a member may optional form of benefit prior to his death, choose an optional form of benefit as pro- it shall be assumed that he had selected a vided in section 2-.162 below. fifty-percent joint and survivor annuity. (4) One hundred (100) percent vesting. Each (2) Upon the death of a retiree, no benefit shall member who attains his normal retirement be paid except such benefit resulting from date shall be one hundred (100) percent the preretirement selection of an option pro- vested in his accrued benefit. viding a survivor benefit and except for the (b) Early retirement benefit. A member retiring excess, if any, of such retiree's accumu- hereunder on or after his early retirement date fated contributions over the amount of ben- may receive either a deferred or ari immediate efits which had been received prior to the monthly retirement benefit as follows: retiree's death. (1) A deferred monthly retirement benefit (e) Disability retirement. which shall commence on the normal re- (1) A member having ten (10) or more years of tirement date and shall be continued on the credited service may retire from the service first day of each month thereafter during of the village under the plan if, prior to his his lifetime. The amount of the benefit shall normal retirement date, he becomes totally be determined and paid in the same manner and permanently disabled as defined insub- as for retirement at his normal retirement section (2) hereof. Such retirement shall date except that average monthly earnings herein be referred to as disability retire- and credited service shall be determined as ment. of his early retirement date, or (2) An immediate monthly retirement benefit (2) A member will be considered totally dis- abled if, in the opinion of the board, he is which shall commence on his early retire- wholly prevented from rendering useful and ment date and shall be continued on the efficient service as a police officer or fire- first day of each month thereafter during fighter, and a member will be considered his lifetime. The benefit payable shall be as permanently disabled if, in the opinion of determined in subparagraph (1) above, re- the board, such member is likely to remain duced by five-twelfths (5/i2ths) of one (1) per- so disabled continuously and permanently. cent for each month by which the starting date of the benefit precedes the normal re- (3) No member shall be permitted to retire tirement date. under the provisions of this section until (c) Benefit formula. The benefit formula appli- examined by a duly qualified physician or cable in all cases of retirement shall be that in surgeon, to be selected by the board for that effect on each member's employment termination purpose, and is found to be disabled in the date. degree and in the manner specified in this (d) Death benefits. section. Any member retiring under this section shall be examined periodically by a (1) In the event of death of a member who was duly qualified physician or surgeon or board eligible for an early or normal retirement of physicians and surgeons to be selected Supp. No. 3 153 § 2-161 NORTH PALM BEACH CODE by the board for that purpose, to determine mean the ability of the member to render if such disability has ceased to exist. useful and efficient service as a police of- (4) The benefit payable to a member who re- ficer-or firefighter. tires with a total and permanent disability (7) If the member recovers from the disability as a result of a disability commencing prior and reenters the service of the village as a to his normal retirement date is the police officer or firefighter, his service will monthly income payable for ten (10) years be deemed to have been continuous, but the certain and life which. can be provided by period beginning with the first month for the single-sum value of the member's ac_ which he received a disability retirement trued benefit. income payment and ending with the date he reentered the service of the village will (5) a. The monthly retirement income to not be considered as credited service for the which a member is entitled in the event purpose of the plan. of his disability retirement will be pay- able on the first day of each month. Termination benefits .and vesting. The first payment will be made on the first day of the month following the (1) Each member who terminates employment later to occur of: with the employer and who is not eligible for any of the retirement, death, or dis- 1. The date on which the disability ability benefits set forth herein shall re- has existed for six (6) months, or ceive from the fund within a reasonable 2. The date the board approves the time followng.his date of termination a re- payment of such retirement. in- fund of his accumulated contributions. Pro- come. vided, however, that if at the time of his b. The last payment will be: termination of employment the member has ten (10) or more years of credited service, 1. If the member recovers from the he shall have the option of either receiving - disability prior to his normal re- his accumulated contributions or his ac- tirement date, the payment due trued benefit payable commencing at the next preceding the date of such re- date which would have been his normal. re- covery, or tirement date had he remained.. in full-time 2. If the member dies without ~recov- employment with the employer. The Bring from his disability or attains member may direct that his accrued ben- his normal retirement date while efit, reduced as for early retirement, com- still disabled, the payment due mence at age fifty (50) or any date there- nextprecedinghisdeathortheone after provided his accumulated hundred twentieth {120th) monthly contributions are not withdrawn. payment, whichever is later. (2) A refund of accumulated contributions to a c. Any monthly retirement income pay- member or his beneficiary shall constitute merits due after the death of a disabled a full and complete discharge of any and all member shall be paid to the member's rights to claims or benefits under the system designated beneficiary. by the member or his beneficiaries. (F) If thQ board finds that a _m__e??ibPr vyho is (s) Costaflivi~,g~jvstm2nt. Theaxrourtofpen- receiving a disability retirement income is, sion benefit will be increased. or decreased in ac- at ariy time prior to his normal retirement cordance with the changes in the consumer price date, no longer disabled, as provided herein, index published by the U.S. Bureau of Labor Sta- the board shall direct that the disability tstics. Adjustments of pension ;payments will be retirement income be discontinued. Re- -made on October 1 of each year reflecting the covert' from disability as used herein shall change in the consumer price index aver the t Supp. No. 3 154 I ~I ADMINISTRATION § 2-163 twelve-month period ending three (3) months be- (2) Option 2-Ten (10) years certain and life an- forethat date. The maximum increase or decrease nuity. The member may elect to receive a in the member's pension benefit for any one (1) benefit, which has been adjusted to the ac- year is three (3) percent. However, the member's tuarial equivalent of the normal form of pension benefit can never be reduced below the benefit, with one hundred twenty (120) amount the member received at date of retire- monthly payments guaranteed. If the ment. Such adjustments shall apply to each re- member should die before the one hundred tirement, survivor or disability benefit in pay twenty (120) monthly payments are made, status as of each October 1. payments are then continued to his desig- nated benef"iciaryuntil one hundred twenty (h) Limitation on benefits. In no event may a (120) payments in all have been made, at .member's annual benefit exceed the limitations which time benefits cease. After expiration of Internal Revenue Code Section 415 as such pro- of the one hundred twenty (120) monthly visions apply to governmental pension plans. The guaranteed payments, should the retired provisions of Internal Revenue Code Section 415 member be then alive, payments shall be that apply to governmental pension plans are continued during his remaining lifetime. hereby incorporated into this plan by reference. (Ord. No. 9-82, § 3, 6-10-82; Ord. No. 20-82, § 1, (3) Option 3-Social security adjustment op- 11-18-82; Ord. No. 1-92, § 3, 2-13-92) tion. If a member retires before being eli- gible for social security benefits, he may elect this option. A member array elect to Sec. 2.162. Optional forffis of benefits. receive a larger pension up to the date he Each member entitled to a normal, early or begins receiving social security benefits. vested retirement benefit shall have the right, at The member's pension benefits may be re- any time prior to the date on which benefit pay- duced or terminated after social security ments begin, to elect to have his benefit payable Payments begin. The amount of reduction under any one (1) of the options hereinafter set shall be actuarially determined. forth in lieu of benefits provided herein, and to (4) Option 4-Other. In lieu of the other op- revoke any such elections and make a new elec- tional forms enumerated in this section, tion at any time prior to the actual beginning of benefits maybe paid in any form approved payments. The value of optional benefits shall be by the board so long as actuarial equiva- actuariallyequivalent to the value of benefits oth- lence with the benefits otherwise payable erwise payable, and the present value of pay- is maintained. ments to the retiring member must be at least (Ord. No. 9-82, § 4, 6-10-82; Ord. No. 1-92, § 4, equal to fifty (50) percent of the total present value 2-13-92) of payments to the retiring member and his ben- eficiary. The member shall make such an election by written request to the board, such request being Sec. 2.163. Contributions. retained in the board's files. (a) Member contributions. (1) Option 1-Joint and last survivor option. (1) Amount. Members of the plan shall make The member may elect to receive a benefit, regular contributions to the fund at a rate which has been adjusted to the actuarial equal to one (1) percent of their respective equivalent of the normal form of benefit, during his lifetime and have such adjusted earnings. benefit (or a designated fraction thereof) con- (2) Duration. Contributions shall be deducted tinued after his death to and during the from such earnings before the same are paid lifetime of his beneficiary. The election of until the member has reached his actual option 1 shall be null and void if the desig- retirement date or his termination date nated beneficiary dies before the member's whichever occurs first. Member contribu- benefit payments commence. tions shall be deposited in the fund on at Supp. No. 3 155 § 2-163 NORTH PALM BEACH CODE least a monthly basis. In the event that the system. The total cost for any year shall be de- employeragrees toassume andpaymember fined as the total of .normal cost plus the addi- contributions in lieu of direct contributions tional amount sufficient to amortize the unfunded by the member, .such contributions shall ac- actuarial liability in accordance with applicable cordingly be paid into the plan on behalf of laws of the State of Florida. The employer's con- the members. No member subject to such tribution shall be deposited on at least a quar- agreementshall have the option of choosing terly basis. to receive the contributed amounts directly instead of having them paid by the em- (d) Forfeitures. Any forfeitures .arising shall be plover directly to the plan. All .such contri- aPPlied to reduce future contributions to the plan. butions by the employer shall be deemed No forfeited amount shall be applied to change and considered as part of the .member's ac- benefit amounts for members. cumulated contributions and subject to all (Ord. No. 9-82, § 5, 6-10-82; Ord. No. 23-86, § 1, provisions of this plan pertaining to accu- 12-11-86; Ord. No. 1-92, § 5, 2-13-92) mulated contributions of members. The in- tent of this language is to comply with sec- Sec. 2-164. ~oarsl of trustees-Generally. tion 4i4(h)(2) of the Internal Revenue Code. (a) Composition. The board of trustees shall con- (3) Interest. Interest shall be credited to sist of five (5) members: four (4) of whom shall be member contribution"s as of September 30 elected by a majority of the members of the plan. of each year at a rate equal to the change in Two (2) of the elected members shall be cert~ed the consumer price index, published by the firefighters of the village, and two (2) shall be ZT.S. bureau of Labor Statistics, over the certified police officers of the village. The fifth twelve-month period ending on the previous member of the board shall be a legal resident of June 30. The maximum rate for any year the village, and shall be appointed by the village shall be seven (7) percent and the minimum council. Each of the elected board members shall rate shall be zero (0) percent. be appointed for a period of two {2) years, unless (4) Guaranteed refund. All benefits payable he sooner leaves the employment of the village or under this plan are in lieu of a refund of forfeits membership on the board, whereupon a accumulated contributions. In any event, successor shall be elected by a majority of the mem- however, each member shall be guaranteed hers of the plan. Each of the elected board mem- the payment of benefits on his behalf at bers may succeed himself in office. The resident least equal in total amount to his accumu- member shall be trustee for a term of two (2) years lated contributions. unless he forfeits membership on the board, and he may succeed himself in office. The resident i (b) State contributions. Any monies received or member shall hold office at the pleasure of the receivable by reason of the laws of the State of village council. The fifth member shall have the Florida for the express purpose of funding and same rights as each of the other four (4) members paying for the benefits of police officers or fire- appointed or elected as herein provided. The fighters shall be deposited in the fund within the trustees shall by majority vote elect.£rom its mem- time prescribed by law. Such monies shall be for bers a chairman and a secretary. The secretary of - ~ the sole and exclusive use of members or .may be the board shall keep a complete minute book of used to pay extra benefits for members. the actions, proceedings, or hearings of the board. ~ The trustees shall not receive any compensation (c} L;,~ployer c~r~tr i~uti~rs. So long as t his plan as such, but may receive expenses and per diem is in effect, the employer shall make contribu- as provided by law. tions to the fund in an amount at least equal to the difference in each year as between the aggre- (b) Forfeiture of membership on board for ab- gate member and state contributions for the year senteeism. In the event a member of the board and the total cost -for the year as shown by the shall fail to attend three (3) consecutive regular most recent actuarial valuation report. for the meetings of the board, such member shall be Supp. No. 3 156 ADMINISTRATION - § 2-166 deemed to forfeit membership on the board and for administering the pension fund. The board shall, at the conclusion of the third such meeting, shall have the power and authority: no longer be a member of the board. Such indi- (1) To invest and reinvest the assets of the pen- vidual shall not thereafter be eligible for reap- Sion fund in: pointment or election to the board for a period of two (2) years. Any absence maybe excused by the a. Time or savings accounts of a national board upon a showing that there existed justifi- bank, a state bank insured by the Fed- able reasons for the absence. eral Deposit Insurance Corporation, or (c) Report and records. The secretary of the a savings, building and loan associa- tion insured by the Federal Deposit In- board shall keep, or cause to be kept in conve- surance Corporation. nient form, such data as shall be necessary for an b. Obligations of the United States or ob- actuarial valuation of the assets and liabilities of ligations guaranteed as to principal and the system. The fiscal year- for the keeping of interest by the Government of the records and rendering reports shall be from Oc- United States. tober 1 through September 30. c. Bonds, stocks, or any other evidences (d) Board meetings. The board shall meet at of indebtedness issued or guaranteed least quarterly each year. At any meeting of the by a corporation organized under the board, three (3) trustees shall constitute a quorum. laws of the United States, any state or Any and all acts and decisions shall be by at least organized territory of the United three (3) members of the board; however, no trustee States, or the Dastrict of Columbia, pro- shall take part in any action in connection with vided: his or her own participation in the plan, and no 1. The corporation is listed on any one unfair discrimination shall be shown to any indi- (1) or more of the recognized na- vidual participating in the plan. tional stock exchanges and holds a rating in one of the three (3) (e) Power to bring and defend lawsuits. The highest classifications by a major board shall be a Legal entity with, in addition to rating service; and other powers and responsibilities contained herein, 2. The board shall not invest more the power to bring and defend lawsuits of every than five (5) percent of its assets in kind, nature and description. The board shall be the common stock or capital stock independent of the village to the extent required of any one (1) issuing company, nor to accomplish the intent, requirements, and re- shall the aggregate investment in sponsibilities provided for in this article and ap- any one (1) issuing company ex- plicable Law. teed five (5) percent of the out- (Ord. No. 9-82, § 6, 6-10-82; Ord. No. 14-87, § 1, standing capital stock of that com- 9-10-87; Ord. No. 1-92, § 8, 2-13-92) parry, nor shall the aggregate of its investments in equities at cost exceed fifty (50) percent of the pen- Sec. 2.165. Reserved. Sion fund's assets. Editor'a note-Section 7 of Ord. No. 1-92, adopted Feb. 13, (2) To issue drafts upon the pension fund pur- 1992, repealed former § 2-165, relative to additional rules and regulations, which derived from Ord. No. 9-82, § 7, adopted suant to this article and rules and regula- June 10, 1962. tions prescribed by the board. All such drafts shall be consecutively numbered, be signed by the chairman and secretary or Sec. Z-I66. Same-Power and authority. their designee, and state upon their faces the purpose for which the drafts are drawn. The board shall be the administrator of the The village finance director or other depos- system and, as such, it shall be solely responsible itory of the village shall retain such drafts Supp. No. 3 156.1 § 2.166 NORTH PALM BEACH CODE _ ~ - when paid, as permanent vouchers for dis- ante. All such policies shall be upon property bursements made, and no money shall be within the corporate limits of the village. Such otherwise drawn from the pension fund. excise tax shall be in addition to any and all ex- (3) To finally decide all claims to relief under cise taxes or license now levied or required by the this article and under the board's rules and village. regulations. (b) The proceeds of monies received under this (4) To convert into cash any securities of the excise tax shall be received annually from the pension fund. State of Florida by the village and shall be depos- (5) To keep a complete record of all receipts ited to the pension fund no more than five (5) days and disbursements and of the board's acts after receipt. (Ord. No. 1-92, 9, 10, 2-13-92} and proceedings. Editor'® note-Section 9 of Ord. No. 1-92, adopted Feb. 13, (6) To recommend an increase or decrease in 1992, repealed former § 2-167, and § 10 of the ordinance en- acted a new § 2-167 in lieu thereof The repealed provisions the benefits payable hereunder, through the pertained to oaths of offace,meetings and quorums of the board, adaption of an amendment to this article, and derived from Ord. No. 9-82, § 9, adopted June 10, 1982. but provided such action is based on an ac- tuarial review by an enrolled actuary who is a member of the Society of Actuaries. Sec. 2.168. Repeal or ter~xiination of plan. (7) To retain, at least once every three (3) years, (a) This plan and subsequent amendments per- an independent consultant professionally }~~g ~ said plan, may be modified, terminated, qualified to evaluate the performance of pra or amended, in whole or in part by the employer; fessional money managers. The indepen- provided that if this plan shall be amended or dent consultant shall make recommends- repealed in its application to any person bene- j tions to the board regarding the selection. of fiting hereunder, the amount of benefits which at l money managers for the next investment the time of any such alteration, amendment, or term. These recommendations shall be con- repeal shall have accrued to the member or ben- sidered by the board at its next regularly eficiary shall not be affected thereby, except to scheduled meeting. The date, time, place the extent that the assets of the fund may be de- and subject of this meeting shall be adver- termined to be inadequate. tised in a newspaper of general circulation in the municipality at least ten (10) days (b) If this plan shall be repealed, or if contribu- prior to the date of the hearing. tions to the plan are discontinued, the board shall (Ord. No. 9-82, § 8, 6-10-82; Ord. No. 12-85, 1, continue to administer the plan in accordance with 2, 7-11-85; Ord. No. 1-92, § 8, 2-13-92) the provisions of this plan, for the sole benefit of the then members, beneficiaries then receiving Sec. 2.167. Tax on incnrers. retirement allowances, and any persons who would in the future be entitled to receive benefits under (a) There is hereby levied and imposed. an ex- one (1) of the options provided for in this plan who cise tax upon every insurance company, corpora- are designated by any of said members. In the tion or other insurer insuring loss against fire, event of repeal, or if contributions to the plan are tornado or windstorm or engaged in the business discontinued, there shall be full vesting one hun- of casualty insurance.- Such excise tax shall be in dred (100) percent of benefits accrued to date of an a*:10unt eq»al tp tlir~ rate gin,~i~arl in Chapter repeal anal the a~°SetS of the plan shall be allocated 175, Florida Statutes, multiplied by the-gross re- in an equitable manner to provide benefits on a ceipts of premiums from holders of insurance pol- proportionate basis to the persons so entitled to icies of fire and windstorm insurance, and the rate benefits in accordance with the provisions hereof. specified in Chapter 185, Florida Statutes, multi- plied by the gross receipts of premiums from (c) The following shall be the order of priority holders of insurance policies of casualty insur- for purposes of allocating the assets of the plan Sapp. No. 3 156.2 ADMINISTRATION § 2-1fi9 upon repeal of this plan or if contributions to the Sec. 2-169. Miscellaneous. plan are discontinued: (a) Discharged members. Members entitled to a (1) Members already retired under the retire- pension shall not forfeit the same upon dismissal ment provisions of the plan and those eli- from the employer, but shall be retired as herein Bible for normal or early retirement but not described. actually retired, and their beneficiaries, in (b) Non-assignability. No benefit provided for proportion to and to the extent of the then herein shall be pledgable, assignable or subject to actuarially determined present value of the garnishment for debt or for other legal process. benefits payable. If any funds remain, then (2) Members who have at least ten (10) years (c) Pension validity. The board of trustees shall of credited service, in proportion to and to have the power to examine into the facts upon the extent of the then actuarially deter- which any pension shall heretofore have been mined present value of their accrued bane- granted under any prior or existing law, or shall fits. If any funds remain, then hereafter be granted or obtained erroneously, fraudulently, or illegally for any reason. The board (3) The accumulated contributions of the ac- is empowered to purge the pension roll of any five members less any benefits received, and person theretofore granted a pension under prior less amounts apportioned in (2) and (3) or existing law or hereafter granted under this above, in proportion to and to the extent of plan if the same is found to be erroneous, fraud- the then amount of such accumulated con- ulent or illegal for any reason; and to reclassify tributions. If any funds remain, then any pensioner who has heretofore under any prior (4) All other members whose present value of or existing law or who shall hereafter under this accrued benefits have not been covered in a Plan be erroneously, improperly or illegally clas- previous category in the same manner as sifted. in (2). (d) Incompetents. If any member or beneficiary is a minor or is, in the judgment of the board, (d) After all the vested and accrued benefits pro- otherwise incapable of personally receiving and vided hereunder have been paid and after all other giving a valid receipt for any payment due him liabilities have been satisfied, then and only then under the plan, the board may, unless and until shall any remaining funds revert to the general claims shall have been made by a duly appointed fund of the village, less return of state's contribu- guardian or committee of such person, make such tions to the state, provided that, if the excess is payment or any part thereof to such person's less than the total contributions made by the vil- spouse, children, trust or other person deemed by lage and the state to date of termination of the the board to have incurred expenses or assumed plan, such excess shall be divided proportionately responsibility for the expenses of such person. Any to the total contributions made by the village and payment so made shall be a complete discharge of the state. any liability under the plan for such payment. (e) The allocation of the fund provided for in (e) Number and gender. When appropriate the this subsection may, as decided by the board, be singular in this .plan shall include the plural and carried out through the purchase of insurance com- vice versa, and the masculine shall include the pang contracts to provide the benefits determined feminine and vice versa. in accordance with this subsection. The fund may (Ord. No. 9-82, § 11, 6-10.82; Ord. No. 1-92, § 12, be distributed in one (1) sum to the persons anti- 2-13-92) tied to such benefits or the distribution may be carried out in such other equitable manner as the board may direct. The trust may be continued in existence for purposes of subsequent distributions. (Ord. No. 9-82, § 10, 6-10-82; Ord. No. 20-82, § 2, 11-18-82; Ord. No. 1-92, § 11, 2-13-92) Supp. No. 3 156.3 __ I �I HOUSING § 15-2 Sec. 16-1. Housing code-Adopted by refer• Section 107. Amend section 107 to read as fol- ence. lows: Under the authority of the Florida Statutes, the ~Y person receiving written notice from the village hereby adopts, by reference thereto, the housing official of deficiencies in his property Standard Housing Code, 1991 edition, as the under this Code may within thirty (30) days housing code for the village. There have been for following the date of such notice enter an ap- at least ten (10) days last past and shall be during peal in writing to the housing board of adjust- the time that this code is in effect, three (3) copies ments and appeals. Such appeal shall state the of such code and recommended amendments kept location of the property, the date of the notice of available for public use, inspection and examina- violations, and the number of such notice. The tion. appellant must state the variance or modifica- (Code 1970, § 19.3-11; Ord. No. 8-75, § 1, 7-10-75; tion requested, the reasons therefor, and the Ord. No. 14-77, § 1, 7-14-77; Ord. No. 28-80, § 1, hardship or conditions upon which the appeal is 10-9-80; Ord. No. 8-83, § 1, 8-25-83; Ord. No. 21-86, made. Appeals shall be on forms provided by § 1, 1i-13-86; Ord. No. 5-90, § 1, 3-8-90; Ord. No. the department of public services, and shall be 3-92, § 1, 2-27-92) accompanied by a filing fee of one hundred fifty Cross references-Restrictions on living aboard house- dollars ($150.00). boats, § 5-15; building, gas, mechanical and plumbing codes adopted, § s-16; electrical cwde adopted § 11-11; fire prevention Section 305.15. Amend section 305.15 to read as code adopted § 12-16. follows: 305.15 Accessory Structures. Sec. 15-2. Same-Amendments. Garages, storage buildings, docks, piers, boat The following amendments and additions are hoists, dolphin poles, bulkheads, swimming hereby made to the housing code adopted by sec- pools and the waters therein, screen enclosures, tion 15-1 of this code: fences, walls, driveways, sidewalks, antennas and all other accessory structures shall be main- Section 102.1. Amend section 102.1 to read as tained and kept in good repair and sound struc- follows: tural condition. All sections of this code are ap- plicable as determined by the building official 102.1 Enforcement Officer. subject to standard appeal as outlined in sec- tion 107. There is hereby established by the applicable .Section 307.4. Amend section 307.4 to read as governing body provisions for the enforcement follows: of this code by the housing official. The director of public services shall serve as the housing of- 307.4 Care of Premises. ficial. It shall be unlawful for the owner or occupant Section 106.1. Amend section 106.1 to read as of a residential building, structure or property follows: to utilize the premises of such residential prop- erty for the open storage of any abandoned motor 106.1 Appointment. vehicle, abandoned boat, abandoned trailer, ice box, refrigerator, stove, glass, building mate- There is hereby established a board to be rial, building rubbish or similar items. It shall called the housing board of adjustments and ap- be the duty and responsibility of every such peals. The board shall be appointed by the vil- owner or occupant to keep the premises of such ' lage council. The construction board of adjust- residential property clean and to remove from ments and appeals established by Chapter 6 of the premises all such abandoned items listed the village Code shall act as the housing board above. Any grass and brush growing in excess of adjustments and appeals. of nine (9) inches in height, dead trees, trash, Supp. No. 3 947 § 15-2 NORTH PALM BEACH CODE _ and garbage shall be removed from the pre- wises upon notice from the housing official. (Code of 1970, § 19.3-12; Ord.. No. 8-75, § 1, 7-10-75; Ord. No. 14-77, § 1, 7-14-77; Ord. No. 28.80, § 1, 10-9-80; Ord. No. 21-86, § 1, 11-13-86; Ord. No. 5-90, § 2, 3-8-90; Ord. No. 3-92, § 2, 2-27-92) C (The next page is 997) Supp. No. 3 948 I Chapter 20 P~R.KS, PI~AYGROZJNDS t~ND RECREATIOivT* Art. I. In General, 20.1-20.21 Art. II. Meetings and Gatherings, 20.22-20.60 Div. 1. Generally, 20-22-20-30 Div. 2. Permit, 20-31-20.60 Art. III. Recreation Advisory Board, 20-61-20-66 *Cross references-Parks division, § 2-85(b); department of public services, § 2-84 et seq.; depaztment of country club, § 2-102 et seq. Supp. No. 3 1289 I PARKS, PLAYGROUNDS AND RECREATION 4 20-62 See. 20.82. Form. (5) That the facilities desired have not been reserved for other use at the day and hour The permit required by section 20-31 shall be in required in the application. such form as may be established by the recreation (Code 1970, § 25-19; Ord. No. 201-69, § 8) director. (Code 1970, § 25-17; Ord. No. 201-69, § 6) Sec. 20.35. Appeal from refusal to issue. (a) Within five (5) days after receipt of an ap- Sec. 20-33. Application. plication, the recreation director or village man- An application for a permit required by section alter shall apprise an applicant, in writing, of his 20-31 shall contain the following items: reasons for refusing a permit required by this di- vision. (1) The name and address of the applicant. (b) Any aggrieved person shall have the right (2} The name and address of the person, corpo- to appeal, in writing, within five (5) days to the ration or association sponsoring the activity, village council, which shall consider the applica- if any. tion under the standards set forth in section 20-34 (3) The day and hours for which the permit is and sustain or overrule the recreation director's desired. or village manager s decision within seven (7) days. (4) The park or portion thereof for which such (c) The decision of the village council shall be final. permit is desired. (Code 1970, § 25-20; Ord. No. 201-69, § 9) (5) An estimate of the anticipated attendance. (6) Any other information which the recreation Sec. 20-36. Revocation. " director shall find reasonably necessary to The recreation director may revoke a permit a fair determination as to whether a permit required by this division upon a finding of a vio- should be issued. lation of any rule, ordinances or provision of this (Code 1970, § 25-18; Ord. No. 201-69, § 7) Code, or upon good cause shown. (Code 1970, § 25-23; Ord. No. 201-69, § 12) Sec. 20.34. Standards for issuance. Secs. 20.37-20-60. Reserved. The recreation director or the village manager shall issue a permit under this division when he finds: ARTICLE III. RECREATION ADVISOR' BOARD* (1) That the proposed activity or use of the park will not unreasonably interfere with or de- Sec. 20.61. Created. tract from the general public enjoyment of the park. A recreation advisory board (hereinafter referred (2) That the proposed activity or use will not to as board) for the village is hereby created. Qrd. No. 5-92, § 1, 4-23-92) unreasonably interfere with or detract from the promotion of public health, welfare, Sec. 20.62. Composition; terms; vacancies. safety and recreation. (3) That the proposed activity or use is not rea- (a) Composition. The board shall be appointed by the village council and shall consist of five (5) sonably anticipated to incite violence, crime members who shall be residents of the village. or disorderly conduct. (4) That the proposed activity will not entail *Editor'snnte-Ordinance No. 5-92, adopted Apri123, 1992 did not specifically amend the Codes; hence, inclusion of unusual, extraordinary or burdensome ex- 1-6 as Art. III was at the discretion of the editor. pense or police operation by the village. Crows reference-Department of recreation, § 2-110. Supp. No. 3 1293 § 20-62 NORTH PALM BEACH CODE (b) Term. The initial appointments to the five All meetings shall be open to the public. The board (5) member board shall take effect upon the effec- shall enact or adopt rules for the conduct of its tive date of this article with the respective terms- meeting. All members shall be apprised of the expiring as follows: applicability of the "Sunshine Law" to the board (1) The terms of two (2) members shall expire and its members. on May 1, 1992. Ord. No. 5-92, § 5, 4-23-92) (2) The terms of three (3) members shall expire Sec. 20-66. Duties. on May 1, 1993. (a) The board shall serve in an advisory ca- (c) Subsequent terms. Upon expiration of the pacity to the village council and make recommen- terms set forth above, each appointment shall be dations as to present and future recreation activ- for two-year terms. Appointments shall hereafter ities, planning, recreation programs, capital be made by resolutions of the village council. improvements and facilities and other matters re- lating to the overall recreational activity of the (d) Vacancies. An appointment to fill any va- village. The board is not charged with the duty of cancy shall be for the remainder of the unexpired ascertaining costs or method of implementation of term of office. their proposed plans; however, the board should Ord. No. 5-92, § 2, 4-23-92) consider the needs of all. residents of the village. Ij The board shall have the power to call upon the Sec. 20.63. Removal. village manager, or his designee, for information Members of the board shall serve at the plea- and advice. The board's recommendations to the sure of the village council and maybe removed at vlllage council shall be in writing and shall state any time with or without cause. the basis or reasons for such recommendations. Ord. No. 5-92, § 3, 4-23-92) (b) The board shall also perform any other du- ties which may be assigned to it by the village Sec. 20.64. Officers' quorum; co$ap~ensatioa. council and the board shall act within thirty (30) days of the date of reference, unless the village At the first organizational meeting of the board, council otherwise states. the members shall elect achair-man, vice presi- Ord. No. 5-92, § 6, 4-23-92) dent and secretary from among its members. Sub- sequent to the initial organizational meeting where officers are elected, the members shall elect the officers from among its members at the first regular meeting in May of each year. The Ares- ence of three (3) members shall constitute a quorum and motions shall be approved by a ma- jority of members present. The members shall serve without compensation. Ord. No. 5-92, § 4, 4-23-92) Sec. 20.65. Meetings. The board shall meet and shall schedule a reg- ular meeting at least once per month. In addition, the chairman may call special meetings and spe- cial meetings may be called by written notice signed by at least three (3) members of the board. Minutes shall be kept of all meetings. Notice of all meetings shall be posted in accordance with the procedures established by the village council. [The next page is 1343] Supp. No. 3 1294 STATUTORY REFEREIeTCE TAELE This table shows the location within this Code, either in the text or notes following the text of references to the state law or related matters. Section Section Section this Code Section this Code 1.01 27-31 205.053 17-20 1.01 et seq. 1-2 205.192 17-22 ch. 22F App. B, Art. II, § 210.03 17.33 36-10 ch, 252 Ch. 8 ch. 39 App. C, § 45-2 253.125 7-19 ch. 98 Ch. 10 316.008 Ch. 18 ch. 101 10-7 316.1955,316.1956 18.37 161.55(1)(d) 6-156 320.01(1) 14-37 161.041 6-153 ch. 327 Ch.5 161.053 6-154 335.065 App. B, Art. IV, § 162.12(2) 2-180 36-29.1 ch. 163 12.5-1 337.401(3) 28-3 21-1 342.03 Ch. 5 Zl-I1 ch. 373 19-200 21.43, 21-44 ch. 380 21-44 APP. B, Art. I, § .App. B, Art. II, § 36.2, App. B, Art. I, 36-10 § 36-4 393 App. C, § 45-2 App. B, Art. II, § ch. 394 App. C, § 45-2 36.16 ch. 400 App. C, § 45-2 App. B, Art. VI ch. 402 App. C, § 45-2 163.261 et seq. 21-O1- 402.302(4), ch. 163.170, App. B, Art. II, § 402.302(5) 17-33 §163.3164(17) 36-10 ch. 403 19-117 163.225(3)(a)-(c) 5-86 ch. 419 17-33 163.295 6-150 App. C, § 45-2 163.3161 et seq. Ch. 21, Art. II ch: 472 App. B, Art. I, § 36-6 163.3177 21-44 553.73 6.154 163.3178 6-155 11-1I 21-44 553.73(2) 6-2 ch. 166 6-16 561.01 3-1 Ch. 24 561.01 et seq. Ch. 3 Ord. No. 2478 § 3 563.01 3-1 166.021 Ch. 17, Art. II 564.01 3-1 166.221 I7-34 565.01 3-1 166.231 Ch. 26, Art. III 633.35 2-159 ch. 170 21-2 ch. 650 Ch. 2, Art. V, Div. 2 170.01 Ch. 24 2-136 ch. 175 2-167 650.02 2-136 175.101 26.17 ch. 760 App. C, § 45-2 ch. 177 App. B, Art. I, § 36-2 870.041-870.048 8-16 App. B, Art. II, § 943.14 2-159 36-8 943.25(3) 1-9 App. B, Art. II, § 943.25(5) 1-9 36.15 App. B, Art. IV, § 36-27 ch. 185 2-167 185.08 26-16 ch. 205 Ch. 17, Art. II 205.043(2), 205.043(3) 17-24, 17-25 [The next page is 2869] Supp. No. 3 2819 �! C 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, § 36.23 491 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 5-28.91 2 11-I1 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 10-2491 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 g 2-166 9 Rpld 2-167 10 Added 2-167 11, 12 2-168, 2-169 3-92 2-27-92 1, 2 15-1, 15-2 5-92 4.23-92 1-6 20-61-20-66 [The next page is 2933] Supp. No. 3 2883 c CODE INDEX COASTAL CONSTRUCTION CODE-Contd. Section COMPUTATION OF TIME Section Nonhabitable major structures, structural Definitions and rules of construction 1-2 requirements for 6-155(2) Public access 6-156(5) CONCURRENCY MANAGEMENT Definitions 6-154 Provisions enumerated................... 21-41 et seq. Flood damage prevention 12.5-1 et seq. See: PLANNING AND DEVELOPMENT See: FLOOD DAMAGE PREVENTION CONTRACTS AND AGREEMENTS Purpose 6-152 Finance director, duties re contracts 2-59(3), (7) References 6-156 Scope COUNCIL. See: VILLAGE COUNCIL Applicability 6.153(a) Exceptions.. 6-153(b) COUNTRY CLUB Permits, application for 6-153(c) Adnunistrative board Title............ 6-151 Compensation..........,.............. 9-19 Composition 9-17(a) CODE ENFORCEMENT BOARD Created 9.16 Alarm regulations, enforcement re........ 19.217 Duties Appeals 2-179 Finances............................ 9-21(c) Applicability 2-173 Management and administration 9-21(a) Declaration of legislative intent 2-171 Rules and regulations 9-21(b) Definitions 2-172 Meetings 9-20 Enforcement procedure 2-175 Officers' quorum 9-19 Fines; liens Removal 9.18 Copies of orders imposing fines......... 2-178(d) Terms . . 9-17(b) Determination of amount of fine........ 2-178(b) Vacancies 9-17(c) Generally 2-178(a) Village manager 9-22 Reduction of fine 2-178(c) Finances Hearing, conduct of 2-176 Delinquent accounts; penalties 9-32 Notices 2-180 Premises Organization Disfiguration and/or removal of building Attorney 2-174(c) or other property.................. 9-1(1) Officers; quorum; compensation 2-174(b) Enforcement 9-2 Qualifications and term 2-174(a) Hours 9-1(2) Powers 2-177 Signs................................. 9.2 CODE OF ORDINANCES* Violations and penalties 9-2 Altering Code 1-7 COUNTY Amendments 1-6 Definitions and rules of construction...... 1-2 Catchlines 1-3 Court cost COURTS Assessment of additional court cost for law Court cost enforcement education expenditures 1-9 Assessment of additional court cost for law ' Definitions and rules of construction...... 1-2 enforcement education expenditures 1-9 Designated and cited 1-1 References to chapters or sections 1.3 D Repeal of ordinances, effect of 1-4 Severability of parts . . 1-5 DEPARTMENTS AND OTHER AGENCIES Village clerk, duties re recording ordinances 2.67(3) OF VILLAGE Violations and penalty 1-8 Administrative code 2-39 et seq. COIN•OPERATED AMUSEMENTS See: ADMINISTRATIVE CODE Proximity to schools restricted 19.4 Appearance board. See: APPEARANCE PLAN (Appendix A) COMMITTEES, COMMISSIONS. See: DE- Code enforcement board 2.171 et seq. PARTMENTS AND OTHER AGENCIES Committees and boards generally; residency OF VILLAGE requirements 2.1 Country club administrative board 9.16 et seq. °Note-The adoption, amendment, repeal, omissions, effec- See: COUNTRY CLUB tive date, explanation of numbering system and other matters Finance, department of 2-59 pertaining to the use, construction and interpretation of this See: FINANCES Code are wntained in the adopting ordinance and preface which Fire and police retirement board of trustees 2-164 et seq. are to be found in the preliminary pages of this volume. See: PENSIONS AND RETIREMENT Supp. No. 3 2939 NORTH PALM BEACH CODE DEPARTMENTS AND OTHER AGENCIES Section DOCUMENTS AND PUBLIC RECORDS- Section OF VILLAGE-Contd. Contd. Fire division 12-29 et seq. Village council See: FIRE PREVENTION AND PROTEC- Keep records of council 2.6'7(2) TION Public council action 2-67(4) General employees retirement board... , 2-151 et seq. Serve as clerk of council............ 2.67(1) See: PENSIONS AND RETIREMENT Vital statistics, keeping 2-6'7(6) Library board 16-16 et seq. Police division, duties re records.......... 2-76(b)(1) Library, department of 2-93 Treasurer's duties re examination of depart- Planning and development board of adjust- mental books 2-51(2) went 21-21 Village clerk and- deputy village clerk. See Planning commission 21-11, 21-12 herein: Department of Records Public safety, department of 2-75, 2-76 See: PUBLIC SAFETY DEPARTMENT DOGS Public services, department of............ 2-84, 2-85 Regulations enumerated 4-24 et seq. See: PUBLIC SERVICES DEPARTMENT See: ANIMALS AND FOWL Records, department of . 2-67 et seq. See: DOCUMENT AND PUBLIC DRAINAGE RECORDS Stormwater management 21-61 et seq. Recreation department 2-110 See: STORMWATER MANAGEMENT Recreation advisory board 20.61 et seq. Subdivision design standards re easements See: PARKS, PLAYGROUNDS AND and rights-of-way 36-22(b) RECREATION Reserve police force 23-42 et seq. DROUGHT See: POLICE Water shortage emergencies 19-200 et seq. Treasury department of 2-51 See: WATER SHORTAGE EMERGEN- See: TREASURY DEPARTMENT CIES Village council 2-16 et seq. DEVELOPMENTS. See: PLANNING AND E DEVELOPMENT ELECTIONS DISABLED AND HANDICAPPED PERSONS Ballots Buildings Direction for preparation 10-8 Accessibility to handicapped persons; Public measure 10-10 state law adopted 6-2 Specifications; general and runoff elec- Parking violations re handicap spaces 18-37 tions 10-9 Candidacy DISTRICTS Candidates for office; qualifying........ 10-5 Fire districts . 6.3 Preservation of notice of candidacy 10-6 Signs, regulations re 6=135 et seq. Clerks. See herein: Inspectors and Clerk See: SIGNS AND BILLBOARDS General elections, notice of . 10-3 Zoning regulations 45-16 et seq. Inspectors and clerk See• ZONING (Appendix C) Appointment 10-58 Compensation 10.61 DISTURBANCES. See: CIVIL DISORDERS Filling vacancy 10-60 AND DISTURBANCES Good order, duty to maintain and report violations 10-62 DOCKS. See: BOATS, DOCKS AND WATER- Instruction prior to election 10-64 WAYS Oath required 10-59 Organization 10-63 DOCUMENTS AND PUBLIC RECORDS Polling place Department of records Designated 10-76 Deputy village clerk Policeman to be present 10-77 Appointment 2.68 Protest of election returns; inspection by Duties 2-69 canvassing board.................... 10-12 Village clerk; duties Special elections Election records, keeping 2-67(5) Notice of 10-4 Expiration of term, notice of 2-67(7) When held 10-2 Official seal, keeping 2-67(8) State laws Record ordinances 2-67(3) Applicable state laws adopted 10-1 Supp. No. 3 2940 CODE INDEX ELECTIONS-Contd. Section F Section Voting machines may be used; state law applicable 10.7 FENCES, WALLS, HEDGES AND ENCLO- Village clerk, duties re keeping election SURES records 2.67(5) Landscaping 27-31 et seq. Village council to constitute canvassing See: LANDSCAPING board 10-11 Swimming pool requirements 25-37, 25-38 Voting machines may be used; state law ap• FINANCES plicable 10-7 Budget procedures....................... 2-2 ELECTRICAL CODE Country club, provisions re 9-21(c), 9.32 Court cost Amendments, wrrectiona, additions....... 11-12 Assessment of additional court cost for law Code and county amendments adopted 11.11 enforcement education expenditures 1-9 Code enforcement board, applicability re 2-173 Department of finance ELECTRICITY Finance director; duties Swimming pools; electrical equipment 25-8 Audit accounts . 2-59(1) Budget duties 2-59(4) ELECTRONIC AUDIO EQUIPMENT Certify contracts 2-59(3) Noise control 19-104 Custochan of bonds, contracts, etc..... 2-59(7) Financial statements.. 2-59(5) EMERGENCIES Keep accounts 2-59(6) Ambulances 17-50, 17-51 Prescribe form 2-59(2) Civil disorders and disturbances Pensions and retirement. See also that sub- Mayor designated local authority for prea• sect ervation of ubhc 8-16 Length of service award plan for volun- p teer firefighters 2-170 et seq. Fire division . . 12-29 et seq. See: FIRE PREVENTIONAND PROTEC- Pension and certain other benefits for fire TION and police employees 2.159 et seq. Water shortage emergencies 19-200 et seq. Pension and certain other benefits for gen- See: WATER SHORTAGE EMERGEN- eral employees 2-146 et seq. CIES Planning and development; filing fees and cost for changes 21.1, 21.2 EMPLOYEES. See: OFFICERS AND EM- Social security 2-136 et seq. PLOYEES See: SOCIAL SECURITY Taxation. See that subject ENCLOSURES. See: FENCES, WALLS, Treasury, department of 2-51 HEDGES AND ENCLOSURES See: TREASURY DEPARTMENT ENERGY EFFICIENCY BUILDING CODE FINES, FORFEITURES AND OTHER. PEN- ALTIES Adopted by reference 6-150 Code enforcement board; fines and liens... 2-178 ENGINE_ EXHAUST Code of ordinances, provisions re general Noise control oh 19.108 penalty and continuing violations 1-8 p Parking violation.......,................ 18-37, 18-38 EROSION CONTROL STRUCTURES Pension and certain other benefits for fire Construction regulations 5-93 et seq. and police employees See: BOATS, DOCKS AND WATER- Board of trustees for; forfeiture of mem- WAYS bership on board for absenteeism 2-164(b) Contributions;forfeitures 2-163(d) EXCAVATIONS FIRE DISTRICT Bulkhead lines 7-1 et seq. property within village designated 6-3 See: BULKHEAD LINES Stormwater management 21-61 et seq. FIRE PREVENTION AND PROTECTION See: STORMWATER MANAGEMENT Code enforcement board, applicability re 2-173 Street excavations 24-16 et seq. Department of public safety, provisions re - See: STREETS, SIDEWALKS AND fire division 2-76(c) PUBLIC PLACES See: PUBLIC SAFETY DEPARTMENT Fire division EXCRETA Composition 12.30 Dog waste, removal provisions re 4-31, 4-32 Created; functions 12-29 Supp. No. 3 2941 NORTH PALM BEACH CODE FIRE PREVENTION AND PROTECTION- Section FLOOD DAMAGE PREVENTION-Contd. Section Contd. Findings of fact 12.5-2 Emergency medical technician volunteers 12-32 Flood hazard reduction provisions Equipment Coastal high hazard areas . 12:5.44 Acquisition . 12-52 General standards Fire alarm system.... 12-53 Anchoring 12.5-41(1) Generally 12.51 Construction materials and methods 12.5-41(2) Housing 12-54 Enclosures below lowest floor 12.5-41(6) Private use of equipment 12-55 Mechanical and utility equipment 12.5-41(5) Tampering with equipment 12-56 Subdivision proposals 12.5.41(4) Impersonating fireman 19.8 Utilities 12.5-41(3) Motor equipment and members' cars des- Regulatory floodways 12,5-43 ignated emergency vehicles 12-31 Sand dunes and mangrove stands....... 12.5.45 Personnel Specific standards Badges . . . . . . . . . 12-41 Nonresidential construction 12.5-42(2) Car insignia 12-42 Residential construction 12:5-42(1) Other officers accountable to chief.... 12-39 Interpretation 12.5-9 Police assistance 12-43 Lands to which provisions applies 12.5-6 Special police powers 12-40 Methods of reducing- flood losses 12.5-4 Volunteer firefighters, length of service Noncompliance, penalties for.............. 12.5.11 award plan for 2-170 et seq. Statement of purpose and objectives 12.5-3 See: PENSIONS AND RETIREMENT Statutory authorization 12.5-1 Fire prevention code Variance procedure 12.5-24 Adopted by reference 12-16 Amendments 12.17 FLORIDA, STATE OF. See: STATE ~ Hazardous substances, coat recove for rY FOLLOWING, PRECEDING cleanup, abatement and removal of Defimitions and rules of construction...... 1-2 Authority of public safety department 12-102 Cost reimbursement to village.......... 12-103 FORFEITURES. See: FINES, FORFEITURES Definitions........ 12-101 AND OTHER PENALTIES Exceptions for fire suppression services . 12-105 FOWL. See: ANIMALS AND FOWL Late fee for failure to reimbursement 12-106 Records 12-104 FRANCHISES Remedies 12-107 Enumerated. See Appendix D Pension and certain other benefits for fire Use of rights-of--way for utilities 28-1 et seq. and police employees 2-159 et seq. See: UTILITIES See: PENSIONS AND RETIREMENT FIREARMS AND WEAPONS G Concealed weapons, carrying 19-184 GAMBLING Forfeiture; disposition 19-186 Animals causin to fi ht 4-8 Possession 19.183 g g Sales restricted GARAGE AND OTHER SALES Record of sales required 19-185(c) Garage sales............................ 17-61 Specified weapons, display and sale of 19-185(6) Permit required 17.62 Switchblade knives prohibited.......... 19-185(a) Violations and penalties 17-63 Stench bombs prohibited 19-82 See: STENCH BOMBS GARBAGE AND TRASH Abandoned, inoperative and junked prop- FI,OOD DAMAGE PREVENTION erty Abrogation and greater restrictions....... 12.5-8 Definitions 14-37 Areas of special flood hazard Disposition of property 14-48 Basis for establishment 12.5-7 Hearing Warnings regarding designations....... 12.5-10 Procedure for hearing i4-45 Building official Request for hearing 14-44 Designated as flood damage control ad- Impounded property, redemption of 14-51 ministrator 12.5-21 Liability of owner or occupant.......... 14-52 Duties and responsibilities 12.5-23 Notices Definitions...: 12.5-5 Content of notice 14-42 Development permit Contents of public sale notice 14-49 Required 12.5-22 Notice of removal 14-47 Supp. No. 3 2942 CODE INDEX GARBAGE AND TRASH-Contd. Section Notice to remove 1440 Procedure 14-41 Prima facie evidence of violation 14-39 Prohibited conditions; enumerated excep- tions 14.38 Public sale 14-50 Removal of property from premises , , 14-46 Responsibility for removal 14.43 Boats; refuse disposal 5-12 Garbage collection and disposal Charges Commercial use property waste disposal fees and collection procedures 14-30 Fee for excess amounts from commer- cial establishments 14-28 Generally 14-27 When and whore paid 14-29 Definition 14-23 Frequency of collection 14-26 Supp. No. 3 2942.1 i i 1 CODE INDEX LICENSES AND PERMITS-Contd. Section MOTOR VEHICLES AND TRAFFIC-Contd. Section Street excavation permits 24-28, 24-29 Noise wntrol policy, provisions re 19-103 et seq. Swimming pool construction permit....... 25.23, 25-24 See: NOISE Treasure's duties re permits and licenses.. 2-51(11) Occupational licenses; marking of commer- Utilities cial vehicles 17-33.1 Use of rights-of--way for utilities; written Park regulations re traffic 20-5 permit 28-2, 28-3 Parking. See herein: Stopping, Standing and Parking LOTS Public safety department Subdivision design standards 36-18 police division, .provisions re traffic 2-76(b)(5) LOUDSPEAKERS Public services department Noise control policy re loudspeakers and de- Division of signal service 2.85(3) vices for advertisin 19-105 Stopping, standing and pazking g " " " " " " " " ' Parking restricted . . 18-34 Recreational, boating and camping equip- Iiq went; parking on residential prop- MANAGER. See: VILLAGE MANAGER erty restricted 18-35 Signs, parking in violation of........... 18-36 MANGROVE STANDS Violations; fines Flood damage prevention provisions 12.5-45 Article provisions 18-38 Handicap spaces 18-37 MAPS. See: SURVEYS, MAPS AND PLATS Vehicular operation . Speed limits MARINE SANCTUARIES Generally.. . 18-16 Designated 5-101 Specific streets...................... 18-17 MAY, SHALL Weight limitations on certain roads..... 18.18 Definitions and rules of construction...... 1-2 MUSICAL INSTRUMENTS Noise control . 19.104 MAYOR Civil disorders and disturbances; mayor des- ignated local authority for preserva- N tion of public peace 8-16 NOISE Village council; presiding officer at meet- Animal noises 19-107 ings 2-18 Buildings, Premises or property MEASURES. See: WEIGHTS AND MEA- Noise from 19-102 SURES Code enforcement boazd, applicability re 2-173 Conduct, noisy and boisterous 19-106 MEETINGS. See: ASSEMBLIES Construction activity, permissible time for 19-111 Definitions 19-99 MISSILES, STONES, ETC. Electronic audio equipment 19-104 Throwing missiles 19-83 Enforcement MONTH Authority 19.116 Definitions and rules of construction...... 1-2 Procedure All other noises 19-117(b) MONUMENTS Motor vehicle noise enforcement, oper- Subdivisions, required improvements re... 36-27 sting 19-117(a) Engine exhaust 19-108 MOTOR VEHICLES AND TRAFFIC Exemptions 19-120 Ambulances 17-50, 17-51 Fixed mechanical equipment............. 19-112 Businesses located outside village limits; Horns and signal devices 19-103 mazking of commercial vehicles 17-34.13 Loading, unloading and unpacking 19-110 Fire division, provisions re cars and desig- Loudspeakers and devices for advertising . 19-105 nated emergency vehicles 12-31 et seq. Measurement procedure 19.113 See:FIRE PREVENTIONAND PROTEC- Musical instruments 19-104 TION Noise control measurement standards other Hitchhiking prohibited 19-6 than motor vehicle noise standards 19-118 Junked vehicles Noise control policy 19-100 Abandoned, inoperative and junked prop- Periods of observation 19-114 erty 14-37 et seq. Radios.................................. 19-104 See: GARBAGE AND TRASH Special permits excepted 19-119 Supp. No. 3 2945 NORTH PALM BEACH CODE NOISE-Contd. Section OFFICERS AND EMPLOYEES-Contd. Section Unnecessary, excessive or offensive noise Mayor 2-18, 8-16 Unlawful to make 19.101 Pensions and retirement. See also that sub- Vehicle defect or condition of load 19.109 jeer Voluntary compliance 19-115 Length of service award plan for volun- NORTH PALM BEACH, VILLAGE OF. See: teer firefighters 2-170 et seq. Pension and certain other benefits for fire i VILLAGE and police employees 2-159 et seq. NUDITY Pension and certain other benefits for gen- Topless costumes prohibited 19-64 eral employees.................... 2-146 et seq. ~ Social security 2-136 et seq. NUISANCES Public safety director 2-75 Abandoned, inoperative and junked prop- Public services director 2-84 erty 14-3? et seq. Recreation director...................... 2-i10 See: GARBAGE AND TRASH Social security 2-136 et seq. Animals creating nuisances 4-12 See: SOCIAL SECURITY False alarms Treasurer 2-51 Excessive. false alarms declared public Village clerk and deputy village clerk 2.67 et seq. nuisance . 19-212 See: DOCUMENTS AND PUBLIC Rabid animals declared nuisance 4-42 RECORDS Weeds and brush 14-79 et seq. Village manager........................ 2-115 et seq. See: WEEDS AND BRUSH See: VILLAGE MANAGER NUMBER OFFICIAL TIME Defmitions and rules of construction...... 1-2 Definitions and rules of construction...... 1-2 ® OPEN SPACES. See: YARDS AND OPEN SPACES OATH, AFFIRMATION, SWEAR OR SWORN Administrative code, provisions re oaths of OR, AND f office 2-41 Definitions and rules of construction...... 1-2 Defuutions and rules of construction...... 1-2 Electioninspectoraandclerk;oathrequired 10-59 ORDINANCES. See: CODE OF ORDI- General employees retirement board; oaths NANCES of office 2-154 Reserve police force; oath required........ 23-47 OWNER Definitions and rules of construction...... 1-2 OBSCENITY. See: INDECENCY AND OB- SCENITY P OBSTRUCTIONS . Passageways, obstructing 19-47 pAI,M BEACH COUNTY. See: COUNTY OCCUPATIONAL LICENSES pARHING Regulations enumerated 17.16 et seq. Landscaping, provisions re ofl~street parking 27-38, 27-59 See: LICENSES AND PERMITS et seq. OFFENSES See: LANDSCAPING Definitions 19-1 parks; designated parking areas.......... 20-5(6) Enumerated 19-3 et seq, Stopping, standing and parking 18-34 et seq. See also specific offenses as indexed See: MOTOR VEHICLES AND TRAFFIC State misdemeanors adopted 19-2 Zoning, provisions re off street parking 45-27 et seq. See: ZONING (Appendix C) OFFICERS AND EMPLOYEES Il Administrative code 2-39 et seq. PARKS, PLAYGROUNDS AND RECRE- See: ADMINISTRATIVE CODE. ATION Definitions and rules of construction...... 1-2 Alcoholic beverages Elections. See also that subject Consumption on playgrounds and public Generally 10-1 etaeq. parks............................. 3-3 Inspectors and clerk 10-58 et seq. Bicycles Finance director 2-59 Operation in safe manner, etc.......... 20-6(2) Impersonating village oflicial 19-8 Operation prohibited in certain areas 20-6(1) Librarian 2-93 Buildings or structure, erecting 20-3 j Supp. No. 3 2946 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(8) Hours regulated 20-1 Death benefits 2-161(d) Meetings and gatherings Disability retirement 2-161(e) Liability for loss or injury 20.23 Eazly retirement 2-161(b) 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(fl Issuance standards 20-34 Board oftruetees geq~•~l, • • , , , , , • , . • • . • • 20-31 Bring and defend lawsuits Revocation. 20-36 Powers 2-164(e) Rules and regulations, permittee bound Composition . 2-164(a) by,••••••••••••••••••••••••••••••• 20-22 Forfeiture of membership on board for Property used to violate provisions, confis- absenteeism 2-164(b) cation of 20.9 Meetings 2-164(d) Public services department Power and authority 2-166 Division of parks 2-85(2) Reports and records 2-164(c) Recreation advisory board Contributions Created 20.61 Employer.. 2-163(c) Duties 20-66 Forfeitures.......................... 2-163(d) Meetings 20-65 Member 2-163(a) Officers' quorum, compensation 20-64 State 2-163(b) Removal 20-63 Definitions.. 2-159 Terms 20-62(b) 2-169(a) Vacancies 20-62(c) Discharged members 2-169(d) Incompetents Restrooms, failure to cooperate in keeping Insurers, tax on 2.167 neat or sanitary. 20-2 Membership 74•aftic A hcation for membershi 2-160(b) 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) Pazking areas designated 20-5(6) Conditions of eli 'bilit 2-160(a) 20-5(3) ~ y ~ • Signs Nonassignability...................... 2-169(b) Speed of vehicles 20.5(4) Number and gender 2-169(e) State motor vehicle laws 20-5(1) Optional forms of benefits.............. 2-162 Trees Pension validity 2-169(c) Climbing trees, etc 20-4 Repeal or termination of plan 2-168 Use by public anly........,. 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(b) Contact person 2-170.10 Retirement date...................... 2-148(a) Effective date 2-170.3 Termination of employment 2.148(fl Eligibility 2-1'70.4 Definitions............................ 2.146 Entitlement age 2-170.5 Dischazged 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(b) 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. 3 2947 NORTH PALM BEACH CODE _ _ PENSIONS AND RETIREMENT-Contd. Section PLANNING AND DEVELOPMENT-Contd. Section Nonassignability 2-156(b) Management and monitoring program Normal and optional forms of benefits 2-149 Amendments to CIE and annual Pension validity 2-156(c) budget, recommendations on 21-46(c) Repeal or termination of system 2-155 Annual public facilities update report. 21-46(b) Retirement board Generally 21.46(x) Additional rules and regulations sutho- Regulatory program rized 2-152 Exemptions 21.47(b) Established 2-151 Generally........................... 21.47(x) Investing funds; custodian of securities 2-153 Public facility adequacy, review to de- Oaths of office; meetings; quorum 2-154 termine 21-47(c) Social security 2-136 et seq. Short title 21-41 See: SOCIAL SECURITY Filing fees and costs for voluntary annex- Volunteer firefighters, length of service ation of land award plan for. See herein: Length of Enactment and authority 21-2(a) Service Award Plan for Volunteer Fire- Fees: application 21-2(c) fighters Jurisdiction 21-2(b) Planning commission, advice of......... 21-2(d) PERMITS. See: LICENSES AND PERMITS Stormwater management 21-61 et seq. See: STORMWATER MANAGEMENT PERSON Subdivision regulations 36-1 et seq. Defi nnitions and rules of construction...... 1-2 See: SUBDIVISIONS (Appendix B) Zoning regulations 45-1 et seq. PIERS See: ZONING (Appendix C) Docks and piers, construction requirements re 5-81 et seq. PLANNING COMMISSION See: BOATS, DOCKS AND WATER- Composition; conduct generally WAYS Created 21-11(a) Meetings 21-11(c) PLANNING AND DEVELOPMENT Membership 21-]:1(b) Appearance plan (Appendix A). See that sub- Powers and duties 21.11(d) sect Zoning ordinances, changes to............ 21-12 Board of adjustment Composition; conduct generally PLATS. See: SURVEYS, MAPS AND PLATS Administrative orders, review o£ 21-21(d) PLAYGROUNDS. See: PARKS, PLAY- Created 21-21(a) GROUNDS AND RECREATION Decision of administrative official, ap- peals to board from 21-21(e) PLUMBING Hearing of appeals 21-21(g) Standard Plumbing Code Judicial review of decisions of board 21-21(h) Amendments to 6-20 Membership; terms; alternate; compen- sation 21.21(b) POLICE Powers and duties 21.21(c) Court cost Stay of work and proceedings on appeal 21-21(fl Assessment of additional court cost for law Comprehensive plan enforcement education expenditures 1-9 Adoption 21-O1 Department of public safety, provisions re Filing fees and costs for changes police division 2-76(b) Enactment and authority 21-1(a) See: PUBLIC SAFETY DEPARTMENT Fee; application 21-1(c) Elections; policemen to be present at polling Jurisdiction 21-1(b) place 10-77 Planning commission, advise o£ 21-1(d) Fire division, provisions re police assistance 12-43 Concurrency management Impersonating police officer 19-8 Adequate public facilities available to ser- Pension and certain other benefits for fire vice development..... 21-45 and police employees 2.159 et seq. Application 21-42 See: PENSIONS AND RETIREMENT Definitions 21-44 Reserve force Intent and purpose Application for membership 23-43 Comprehensive plan, implementation of 21-43(x) Compensation 23-50 Management/monitoring and regula- Created; purpose 23-42 tory program, establishment of 21-43(b) Director of public safety, appointment to Minimum requirements............... 21-43(c) serve by 23-45 Supp. No. 3 2948 \ CODE INDEX POLICE-Contd. Section PUBLIC SAFETY DEPARTMENT-Contd. Section Oath required .23.47 Radio............................... 2-76(b)(6) Powers and duties 23.48 Records............................. 2-76(b)(1) Reserve list to be maintained 23-44 Traffic 2.76(b)(5) Resignation 23-46 pUBLIC SERVICES DEPARTMENT Uniforms and insignia 23-49 Director's duties 2-84 POLLUTION Divisions Municipal garage 2-85(4) Smoke, dust, odors, liquids, etc........... 19-9 Stormwater management provisions re pol- pm•~• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 2-85(2) lutantloada 21-67 Permits and inspections................ 2.85(1) 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) Supp. No. 3 2948.1 C t CODE INDEX SUBDIVISIONS (Appendix B)-Contd. Section SUBDIVISIONS (Appendix B)-Contd. Section Specific terms 36-6 Wildlife protection and preservation. See Design standards within this subheading: Land Alleys 36-20 Clearing, Vegetation and Wildlife Blocks. See within this subheading:. Lots Protection and Preservation and Blocks Jurisdiction 26-3 Comprehensive plan, conformity with... 36-17(1) Legal status Easements and rights-of--way Conflicting regulations 36.41 Acce.9s waterways 36.22(c) Effective date 36-42 Drainage 36-22(b) Saving clause......................... 36.40 Utilities 36-22(a) Plats, platting Lots and blocks Procedures for subdivision plat approval. Access 36-18(3) See herein that subject Block lengths . 36-18(6) Procedures for subdivision plat approval Double frontage .lots 36-1$(5) Construction plan specifications 36-13 Lot lines 36-18(4) Construction plans procedure Lot size 36-18(1) Preparation of construction glans..... 36-12(1) Residence lots, minimum 36-18(2) Submission and review of construction Public sites and open spaces............ 36-23 plans 36-12(2) Rights-of•way. See within this sub- Surety device, posting of . 36-12(3) heading: Easements and Rights- Final plat procedure Of-Way Application for final plat approval 36-14(2) Sidewalks 36-21 Generally.................. 36-14(1) Soil and flood hazards, consideration of . 36-17(2) Planning commission action.......... 36-14(4) Streets Planning commission review 36-14(3) Adjoining Property, street access to 36-19(7) Recording of final plat 36-14(6) Arterial streets, subdivisions on 36-19(2) Village council action 36-14(5) Cuts-de-sac 36-19(6) Final plat specifications................ 36-15 Half streets 36-19(8) General prerequisites to 36-7 Intersection deli 36-19(4) Pre-application conference 36-9 'gn Minimum street design specifications . 36-19(5) Preliminary plat procedure Minor streets 36-19(1) Application for preliminary plat ap- R.ailreads or limited access highway, proval 36-10(1) subdivisions on 36-19(3) Developments of regional impact 36-10(2) Street names 36-19(9) Effect of approval 36-10(9) Subdivision entrances 36-25 Failure of planning commission to take Water bodies, access to 36-24 action 36-10(8) Enactment and authority 36-2 Feea..........................,..... 36-10(3) Enforcement provisions Notification of action 38.10(7) Appeals 36-35 Planning commission action.......... 36-10(6) Erection of buildings and issuance of per- Planning commission review 36-10(5) Review comments 36-10(4) wits . 36-38 Preliminary plat specifications 36-11 General enforcement regulations 36-36 (qualification of person making survey 36-8 Land clearing, vegetation and wildlife pro- Reversion of subdivided land to acreage. 36-16 tection and preservation Purpose and intent 36-4 Application procedure for vegetation re- Required improvements moval unrelated to building permit Bikeways 36.29.1 applications 36-38.1(3) Bridges............................... 36-30 Exceptions 36-38.1(5) General requirements 36-26 Fees 36-38.1(6) Monuments Generally 36-38.1(1) Permanent control points 36.27(b) Vegetation protection during construc- Permanent reference monuments 36-27(a) tion 36-38.1(4) Planned unit development alternatives . 36-34 Vegetation removal permit, application Screening walls and landscaping 36-33 procedure 36.38.1(2) Sidewalks............................. 36-29 Required improvements 36-37 Storm water management.............. 36-31 Vegetation. See within this subheading. Streets Land Clearing, Vegetation and Wild- Arterial and collector streets 36-28(a) life Protection and Preservation Curb and gutter 36-28(c) Supp. No. 3 2951 NORTH PALM BEACH CODE SUBDIVIS%ONS (Appendix B)-Contd. Section SWITCHBLADE KNIVES Section Marginal access streets 36-28(b) Sale prohibited.......................... 19.186(x) Pavement base 36-28(fl Subgrade 36-28(e) Swales 36.28(d) T Wearing surface 36-28(g) Utilities TAXATION Sanitary sewer 36.32(a) Insurance excise taxes................... 26-16, 26.17 Septic tanks 36.32(e) Occupational licenses 17-16 et seq. Underground utilities 36-32(d) See: LICENSES AND PERMITS Water and sewer systems 36.32(c) Pension and certain other benefits for fire Water supply 36-32(b) and police employees Wells Tax on insurers 2-167 Individual wells prohibited in certain Utility tax 26-29 et seq. areas of village 36-32(fl See: UTILITY TAX Short title 36-1 TELEPHONES SURVEYS, MAPS AND PLATS Alarms; interference with public safety de- Official zoning map 45-17 partment trunk line prohibited 19-215 Subdivision regulations 36-7 et seq. See: SUBDIVISIONS (Appendix B) TENSE Definitions and rules of construction...... 1-2 SWALE AREAS Sodding required in certain instances..... 24-3 TIME Trees in Swale areas-. • 27-16 et seq. Definitions and rules of construction...... 1-2 See: TREES AND SHRUBBERY TRAFFIC. See: MOTOR VEHICLES AND SWEAR OR SWORN. See: OATH, AFFIItMA- TRAFFIC TION, SWEAR OR SWORN TRASH. See: GARBAGE AND TRASH F SWIMIVIING Bathing regulations; diseased persona pro- TREASURY DEPARTMENT hibited from bathing in public pool, etc. 19-3 Treasurer's duties Restricted waters, apcrimm;ng in 5-3 Accounts of receipts and expenditures... 2-51(6) Bonds, responsibility for proceeds of 2-51(5) SWIMMING POOLS Books, examination of 2-51(2) Code enforcement board, applicability re 2-173 Collect moneys and fees due village..... 2-51(10) Construction permits Debt, cancellation of evidences of....... 2-51(7) Plans 25-24 Default of officer, duty upon............ 2-51(4) Required; application; fees 25-23 Delinquent payments and financial re- Country club premises regulations........ 9-1 ports 2.51(3) Cross•connection offiltration equipment and Fiscal supervision over officers 2-51(1) water supply....... 25-7 Monthly report to finance director...... 2-51(12) Definitions 25-1 Pay village employees................. 2-51(9) Electrical equipment 25-8 Permits and licenses................... 2-51(11) Final approval before use 25-2 Receive and disburse moneys........... 2-51(8) Grade 15-11 Hair and lent strainers 25.5 TREES AND SHRUBBERY Public and private pools Code enforcement board, applicability re 2-173 Construction 25.36 Landscaping 27-31 et seq. Fencing See: LANDSCAPING Modifications and exceptions 25-38 Missiles, throwing 19-83 Requirements 25-37 Parks and recreation facilities; climbing Recirculating piping and fittings, require- trees, etc 20.4 ments for 25-9 Swale areas, trees in Scum-gutters 25.6 Definitions............................ 27-16 Setback 25-3 Planting and removal; written approval Tamping back-fill 25-10 required.......................... 27-17 Vacuum cleaner 25-4 Scope................................. 27-19 Water circulations 25.4 Variety and location.................... 27-18 Supp. No. 3 2952 i CODE INDEX U Section UTILITIES Flood damage prevention provisions 12.5.41(3), (5) Franchises enumerated. See Appendix D Street construction work; cost of changing or removal of public utilities 24.4 Subdivision design standards re easements and rights-of-way 36-22(a) Supp. No. 3 2952.1 ~I 'I i