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Pages Replaced by Supplement #27 TABLE OF CONTENTS Page Officials of the Village . iii Preface v Adopting Ordinance vii Readopting Ordinance x.i Checklist of Up-to-Date Pages . [1] PART I CHARTER Charter 1 Art. I. Corporate Name 3 Art. I.A. Vision Statement 3 Art. II. Territorial Boundaries 3 Art. III. Legislative 9 Art. IV. Administrative 15 Art. V. Qualifications and Elections 17 Art. VI. Transition Schedule 18 Charter Comparative Table 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions 77 2. Administration 133 Art. I. In General 135 Art. II. Council 136.4 Div. 1. Generally 136.4 Div. 2. Rules of Procedure 136.4 Art. III. Administrative Code 137 Div. 1. Generally 137 Div. 2. Reserved 139 Div. 3. Department of Finance 139 Div. 4. Department of Records 140 Div. 5. Department of Public Safety 141 Div. 6. Department of Public Services 141 Div. 7. Department of Library 142 Div. 8. Department of Country Club 142 Div. 9. Department of Recreation 142 ' Art. N Manager 142.1 Art. V. Pensions and Retirement Systems 142.1 Div. 1. Generally < 142.1 Div. 2. Social Secui7ty 142.1 Supp. No. 26 ~ NORTH PALM BEACH CODE t Chapter Page Div. 3. Pension and Certain Other Benefits for Gen- eral Employees 142.3 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees 151 Div. 5. Length of Service Award Plan for Volunteer Firefighters 161 Art. VI. Code Enforcement Board 163 3. Alcoholic Beverages 211 4. Animals and Fowl 263 Art. I. In General 265 Art. II. Dogs and Cats 266 Art. III. Rabies Control 268 5. Boats, Docks and Waterways 319 Art. I. In General 321 Art. II. Boat Launching Area 325 Art. III. Construction Requirements 326 Div. 1. Generally 326 Div. 2. Canals 326 Div. 3. Bulkheads and Seawalls 327 Div. 4. Docks and Piers 328 Div. 5. Erosion Control Structures 333 Art. N Marine Sanctuaries 333 6. Buildings and Building Regulations 381 Art. I. In General 383 Art. II. Minimum Construction Standards 383 Art. III. Appearance Code 384 Div. 1. Generally 384 Div. 2. Reserved 398.3 Div. 3. Certificate of Appropriateness 398.3 Art. IV. Reserved 398.5 Art. V. Signs and Outdoor Displays 398.5 Art. VI. Energy Efficiency Building Code 398.16 Art. VII. Coastal Construction Code 398.16 7. Bulkhead Lines 453 Art. I. In General 455 Art. II. Filling Permit 455 8. Emergency Management 507 Art. I. In General 509 Art. II. Civil Disorders and Disturbances 510 9. Country Club 559 Art. I. In General 561 Art. II. Advisory Board 562 Art. III. Finances 563 10. Elections 615 Art. I. In General 617 I Supp. No. 26 xii TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. N Polling Place 620 11. Electricity 671 Art. I. In General 673 Art. II. Electrical Code 673 11.5. Emergency Service 695 Art. I. In General 697 Art. II. Emergency Medical Services 697 12. Fire Prevention and Protection 723 Art. I. In General 725 Art. II. Florida Fire Prevention Code 725 Art. III. Fire Division 726 Div. 1. Generally 726 Div. 2. Personnel 727 Div. 3. Equipment 727 Div. 4. Reserved 728 Art. N Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances , 728 12.5 Flood Damage Prevention 777 Art. I. In General 779 Art. II. Administration 783 Art. III. Provisions for Flood Hazard Reduction 786 13. Reserved 839 14. Health and Sanitation 889 Art. I. In General 891 Art. II. Garbage, Trash and Refuse 891 Div. 1. Generally , . 891 Div. 2. Garbage Collection and Disposal 891 Div. 3. Abandoned, Inoperative and Junked Prop- erty 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 1054.1 Art. III. Businesses Located Outside Village Limits 1060 Art. IV. Reserved 1063 Art. V. Ambulances 1063 Art. VI. Garage and Other Sales 1063 Supp. No. 26 X111 i NORTH PALM BEACH CODE I Chapter Page 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 1174.1 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 1228.1 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 1238 Art. XI. Wellfield Protection 1241 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. IV. Concurrency Management 1349 Art. V. Stormwater Management 1360 Art. VI. Archaeological Site Protection Regulations 1363 22. Reserved 1411 23. Police 1463 j 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 supp. No. 26 xiV TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 1575 Art. III. Reserved 1576 26. Taxation 1627 Art. I. In General 1629 Art. II. Insurance Excise Taxes 1629 Art. III. Utility Tax . 1629 Art. IV. Utility Tax 1630 27. Trees and Shrubbery 1681 Art. I. In General........... < 1683 Art. II. Trees in Swale Areas 1683 Art. III. Landscaping 1684 _ Div. 1. Generally 1684 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 29. Telecommunications 1781 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 2485 Art. III. District Regulations 2486.4 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 Supp. No. 23 xV NORTH PALM BEACH CODE I ~ Page Code Comparative Table-Ordinances 2875 Charter Index 2933 i Code Index 2935 1 Supp. No. 23 xVi 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 83 25 iii 1 133 25 v, vi OC 135, 136 24 vii, viii OC 136.1, 136.2 24 ix OC 136.3, 136.4 24 x.i, x.ii 1 137, 138 23 x.iii 1 139, 140 23 xi, xii 26 140.1 23 xiii, xiv 26 141, 142 22 xv, xvi 24 142.1, 142.2 22 1 25 143 16 3, 4 25 144.1, 144.2 12 5, 6 25 144.3 12 7, 8 25 145, 146 9 9, 10 25 147, 148 24 11, 12 25 148.1 24 13, 14 25 149, 150 20 15, 16 25 151, 152 26 17, 18 25 153, 154 26 19 25 155, 156 26 65 25 156.1, 156.2 26 77 OC 156.3 26 79, 80 OC 157, 158 25 81, 82 25 159, 160 25 ~-" Supp. No. 25, Add. [1] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 161, 162 25 671 2 163, 164 25 673 24 165, 166 25 695 13 167, 168 25 697 13 169 25 723 24 211 OC 725 24 213, 214 19 726.1 13 263 OC 727, 728 5 265, 266 OC 729 5 267, 268 17 777 OC 269 17 779, 780 OC 319 OC 781, 782 OC 321, 322 17 783, 784 OC 323, 324 16 785, 786 OC 325, 326 24 787, 788 OC 327, 328 21 789 OC 329, 330 22 839 OC 331, 332 22 889 OC 333, 334 20 891, 892 25 381 23 892.1 15 383, 384 24 893, 894 OC 385 24 895, 896 OC 398.3, 398.4 7 945 OC 398.5, 398.6 23 947, 948 23 398.7, 398.8 23 997 OC 398.9, 398.10 23 999, 1000 22 398.11, 398.12 25 1051 OC 398.13, 398.14 25 1053, 1054 25 398.14.1, 398.14.2 25 1054.1, 1054.2 25 398.15, 398.16 8 1055, 1056 21 399, 400 OC 1057, 1058 21 401, 402 OC 1059, 1060 21 403 OC 1060.1 14 453 OC 1061, 1062 8 455, 456 22 1063, 1064 8 507 22 1121 OC 509, 510 22 1171 OC 511 22 1173,1174 26 559 17 1174.1 26 561, 562 24 1175 19 563, 564 24 1225 OC 615 OC 1227, 1228 24 617, 618 OC 1228.1 24 619, 620 6 1229, 1230 21 Supp. No. 25, Add. [2] ~~-~ CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1231, 1232 21 1741, 1742 21 1233,1234 21 1781 21 1235, 1236 21 1783, 1784 21 1237, 1238 16 1785, 1786 21 1239, 1240 22 1787, 1788 21 1241, 1242 21 1789, 1790 21 1289 3 1791,1792 21 1291, 1292 OC 1793, 1794 21 1293, 1294 22 1795, 1796 21 1295 22 2043 OC 1343 4 2045,2046 25 1345, 1346 22 2046.1 25 1346.1 22 2047, 2048 OC 1347, 1348 OC 2049, 2050 OC 1349, 1350 OC 2051, 2052 OC 1351, 1352 14 2053 OC 1352.1 14 2353 OC 1353, 1354 OC 2355, 2356 OC 1355, 1356 OC 2357, 2358 OC _ 1357, 1358 OC 2359, 2360 22 1359, 1360 OC 2361, 2362 22 1361, 1362 5 2362.1 22 1363, 1364 5 2363, 2364 OC 1365, 1366 5 2365, 2366 OC 1367 5 2367, 2368 1 1411 OC 2368.1 1 1463 OC 2369, 2370 OC 1465, 1466 OC 2371, 2372 OC 1517 OC 2373, 2374 OC 1519, 1520 OC 2375, 2376 OC 1521, 1522 OC 2377, 2378 22 1523 OC 2379 22 1573 24 2479 9 1575, 1576 24 2481, 2482 23 1627 9 2483,2484 23 1629, 1630 21 2485, 2486 23 1631 21 2486.1, 2486.2 23 1681 OC 2486.2.1, 2486.2.2 23 1683, 1684 24 2486.2.3 23 1684.1, 1684.2 24 2486.3, 2486.4 16 1685, 1686 OC 2487, 2488 OC 1687, 1688 17 2488.1, 2488.2 18 1689, 1690 17 2489, 2490 18 1739 14 2491,2492 18 ~-~ Supp. No. 25, Add. [3] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 2493, 2494 18 2513, 2514 OC 2495, 2496 18 2515, 2516 22 2497, 2498 21 2517, 2518 22 2499,2500 21 2619 21 2501, 2502 25 2819, 2820 26 2503, 2504 25 2869, 2870 OC 2504.1, 2504.2 16 2871 OC 2505, 2506 10 2873 OC 2507, 2508 13 2875, 2876 OC 2509, 2510 13 2877, 2878 OC 2510.1, 2510.2 25, Add. 2879, 2880 OC 2510.3, 2510.4 25, Add. 2881, 2882 14 2510.5, 2510.6 25, Add. 2883, 2884 14 2510.7, 2510.8 25, Add. 2885, 2886 19 2510.9, 2510.10 25, Add. 2887, 2888 25, Add. 2510.11, 2510.12 25, Add. 2889 25, Add. 2510.13, 2510.14 25, Add. 2933, 2934 25 2510.15, 2510.16 25, Add. 2935, 2936 23 2510.17, 2510.18 25, Add. 2937, 2938 24 2510.19, 2510.20 25, Add. 2939, 2940 25 2510.21, 2510.22 25, Add. 2940.1 25 2510.23, 2510.24 25, Add. 2941, 2942 24 2510.25, 2510.26 25, Add. 2943, 2944 24 2510.27, 2510.28 25, Add. 2945, 2946 25 2510.29, 2510.30 25, Add. 2947, 2948 26 2510.31, 2510.32 25, Add. 2949, 2950 25 2510.33, 2510.34 25, Add. 2950.1 24 2510.35, 2510.36 25, Add. 2951, 2952 23 2510.37, 2510.38 25, Add. 2953, 2954 25 2510.39, 2510.40 25, Add. 2955, 2956 25 2510.41, 2510.42 25, Add. 2965, 2966 25 2510.43, 2510.44 25, Add. 2967 25, Add. 2510.45, 2510.46 25, Add. 2510.47, 2510.48 25, Add. 2510.49, 2510.50 25, Add. 2510.51, 2510.52 25, Add. 2510.53, 2510.54 25, Add. 2510.55, 2510.56 25, Add. 2510.57, 2510.58 25, Add. 2511, 2512 23 2512.1, 2512.2 23 2512.3, 2512.4 23 2512.5, 2512.6 23 2512.7 23 Supp. No. 25, Add. [4] ADMINISTRATION § 2-146 DIVISION 3. PENSION AND CERTAIN OTHER BENEFITS FOR GENERAL EMPLOYEES Sec. 2-146. Definitions. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accrued benefit is the benefit earned to date using the normal retirement benefit. Actuarial equivalence or actuarially equivalent means that any benefit payable under the terms of this plan in a form other than the normal form of benefit shall have the same actuarial present value on the date payment commences as the normal form of benefit. For purposes of establish- ing the actuarial present value of any form of payment, other than a lump sum distribution, all future payments shall be discounted for interest *Editor's note-Section 13 of Ord. No. 1-83, adopted Jan. 13, 1983, repealed Ord. No. 10-82, adopted June 10, 1982, from which ordinance 2-146-2-156 formerly derived. At the discretion of the editor, 1-11 of Ord. No. 1-83 have been codified as herein set out in 2-146-2-156. All funds and assets from the former system, as set out by Ord. No. 10-82, are transferred to this system, as set out by Ord. No. 1-83, and all rights and benefits of members in that system will be credited to and maintained by this fund. Supp. No. 16 143 l ADMINISTRATION § 2-147 and mortality by using eight (8) percent interest twenty (120) consecutive months of service imme- and the 1983 group annuity mortality table for diately preceding the retirement or termination of males with ages set ahead five (5) years in the a member. case of disability retirees. In the case of a lump Fund means the trust fund established herein sum distribution, the actuarial present value shall as part of the system. be determined on the basis of the same mortality rates as just described and the pension benefit Member means an actively employed full-time guaranty corporation's interest rates for terminat- employee who fulfills the prescribed participation ing single employer plans which rates are in effect requirements, after twelve (12) months employ- on the October 1 immediately preceding the ment and will become a participant on the Octo- member's date of termination. ber 1 of the next following year. Agreement means the written ordinance from Spouse means the lawful wife or husband of a which this division derived, setting forth the member at the time of ,preretirement death or provisions of the retirement- system. retirement. Beneficiary means the persons or persons enti- System means the Village of North Palm Beach tled to receive benefits hereunder and who has or general retirement fund as contained herein and have been designated as such in writing by the all amendments thereto. member and filed with the board. If no such (Ord. No. 1-83, § 1, 1-13-83; Ord. No. 13-83, § 1, designation is in effect at the time of death of the 9-8-83; Ord. No. 36-90, § 1, 10-25-90; Ord. No. member, or if no such person so designated is 9-94, § 1, 6-9-94; Ord. No..12-96, § 1, 3-28-96) living at that time, the beneficiary shall be the Cross reference®Definitions and rules of construction estate of the member. .generally, § 1-2. Board means the board of retirement, which dec. 2-147. Membership. shall administer and manage the system herein ..provided and serve as trustees of the fund. ~(;a) Conditions of elgLbility: cAll employees as of the effective date and all future new employees, Credited service means the total number of except members of the fire department and police years and fractional parts of years of actual department, shall become members of this system service with the village and shall apply to an as a condition of employment. employee whose employment is terminated with the village and who recommences full-time em- (b) Application for membership. Each current ployment within two (2) years from the date of and future eligible employee shall complete an termination. application form covering items set forth below, and provide other information, as may be pre- Earnings means gross salary, (including over- scribed by the board. time) but excluding bonuses or any other (1) Acceptance of the terms and conditions of nonregular payments such as unused sick leave the retirement system. and vacation time pay. (2) Designation of a beneficiary or beneficia- Effective date means the date on which this Ties. division becomes effective [January 13, 1983]. (3) A certified statement as to prior medical Plan year is from October 1 to September 30. history. Employee shall mean any actively employed (4) A written release allowing distribution of full-time general employees of the village, except all medical records to the. board. firemen and policemen. For the purposes of all benefits hereunder, an Final average earnings means the arithmetic application for membership shall be considered to average of the twelve (12) months earnings for the have been in effect from date of employment, even highest sixty (60) months of the one hundred though officially accepted and approved by the Supp. No. 12 144.1 § 2-147 NORTH PALM BEACH CODE - board at a later date. Failure to complete an monthly benefit otherwise payable to the partici- application within ninety (90) days of employ- pant at his normal retirement date increased by ment and written notice of this agreement shall using the benefit formula for normal retirement constitute a deliberate choice to be excluded from together with consideration of his additional years the system. or fractional parts. of years of credited service and final average earnings. (c) Change in designation of beneficiary. Amem- ber may, from time to time, change his designated (d) Early retirement. A member may retire af- beneficiary without approval by the board of ter age fifty-five (55) and shall receive vested _ trustees or previous beneficiary by written notice accrued benefit. If a member does retire early, his to the board upon forms provided by the board. or her pension shall be actuarially reduced- for Upon such change, the rights of all previously early retirement. designated beneficiaries to receive any benefits under the system shall cease. (e) Preretirement death. (Ord. No. 1-83, § 2, 1-13-83) (1) If a participant who is no longer an em- ployee of the village dies prior to the nor- Sec. 2-148. Benefit amounts and eligilbility. mal retirement date and has attained age (a) Retirement-date. A member's normal retire- fifty-five (55) and had five (5) years of credited service, a pension benefit of fifty ment date shall be the first day of the month (50) percent of the amount the participant coincident with, or next following, attainment of would have been entitled to, actuarially his or her sixty-fifth birthday and the completion reduced for early retirement, shall be paid of nine (9) full years of service with the village. A to the surviving beneficiary for as long as member may retire on his or her normal retire- the beneficiary shall live. Such amount ~ went date or on the first day of any month shall be based on the amount payable un- thereafter, and each member shall become one ( '- hundred (100) percent vested in his or her ac- der the fifty (50) percent joint and survivor option, reduced actuarially to the age of the trued benefit on his normal retirement date. The beneficiary. normal retirement date described -above shall apply only to members who are hired as general (2) If a member dies prior to the normal retire- . employees from and after the effective date of this went date and is then employed by the .ordinance. village and has five (5) years of credited service, such member regardless of age The normal retirement date for a member who shall receive pension benefits as set forth _ was a general employee of the village prior to the in subsection (3). effective date of this ordinance shall be the first (3) The members. specified. in subsection (2) day of the month coincident with, or next follow- above shall receive a benefit equal to the ing, attainment of his or her sixty-fifth birthday. member's vested accrued pension as com- (b) Retirement benefit. Amember retiring here- puted under section 2-148(b) and shall be under on or after his normal retirement date shall payable to the designated beneficiary in receive a monthly benefit which shall commence equal, consecutive monthly installments over on his retirement date and be continued thereaf- ten (10) years. The benefit payment speci- ter during his lifetime, ceasing upon death. The fled herein shall commence upon death of member's annual pension benefit shall equal two the plan member and approval of the pen- (2)percent of final average earnings multiplied by Sion board. the member's credited service for the first twenty (20) years of credited service and one (1) percent (fl Termination of employment. A participant for each year of credited service thereafter. ~ who terminates his employment for reason other than death or retirement shall be entitled to a (c) Late retirement. A participant who retires deferred monthly retirement benefit commencing after his normal retirement date shall be paid the at his normal retirement date equal to the prod- ~ f' -- Supp. No. 12 144.2 ADMINISTRATION § 2-148 uct of his vested percentage, as determined from the following schedule, .and his accrued benefit: Credited ,S'ervice Vested Percentage Less than 5 0 5 but less than 7 50 7 but less than 9 ~ 75 9 or more 100 Supp. No. 12 144.3 ~ t ADMINISTRATION § 2-150 (Ord. No. 1-83, § 3, 1-13-83; Ord. No. 9-94, § 2, paid in any form approved by the board so 6-9-94; Ord. No. 12-95, 1, 2, 3-23-95) long as it is the actuarial equivalent of the benefits otherwise payable. ~ dec. 2-149. Normal and optional forms of benefits. Option 4. Social security adjustment option. If a member retires before being eligible for so- (a) The normal form of retirement benefit is a cial security benefits, he or she may elect monthly benefit for life. an option to receive a larger pension up to the date he or she begins receiving social (b) Each member entitled to a normal or early security benefits. The member's pension. retirement benefit shall have the right, at any benefits shall be appropriately reduced af- time prior to the date on which benefit payments ter social security payments begin. The begin, to elect to have this benefit payable under amount of reduction shall be actuarially de- any of the options hereinafter set forth in lieu of termined by the actuary. such benefits and to revoke any such elections and make a new election at any time prior to the (c) Lump sum payment. Notwithstanding any- actual beginning of payments. The value of op- thing contained within section 2-148 and section tional benefits shall be the actuarial equivalent of 2-149 to the contrary, the board, in its sole discre- thevalue of benefits otherwise payable. The mem- tion, may elect a lump sum payment to the ben- ber shall make such an election by written re- eficiary or beneficiaries iri lieu of installments when quest to the board, such request being retained in the monthly benefits do not exceed the sum of one the board's files. hundred dollars ($100.00). This provision applies to normal retirement, late retirement, early re- Option 1. faint and last survivor option. The tirement and preretirement death regardless of member may elect to receive a benefit dur- the fact that the member elected retirement ben- ing his lifetime and have such benefit (or a efits to be made in monthly installments. designated fraction thereof) continued of (Ord. No. 1-83, § 4, 1-13-83; Ord. No. 4-93, § 1, ter his death to and during the lifetime of 1-14-93) his designated beneficiary. The minimum joint and survivor percentage shall be fifty (50) percent, reduced actuarially to the age Sec. 2-150. Villa~'e contributions. of the beneficiary. The election of option 1 (a) Generally. ~o long as this system is in effect, shall be null and void if the designated ben- the village shall make a contribution to the trust eficiary dies before the member's benefit fund in an amount equal to the total cost for the payments commence. year as shown by the most recent actuarial valu- Option 2. Life annuity with ten years certain. ation of the system. The total cost for any year The member may elect to receive a monthly shall be defined as the total normal cost, plus the benefit for one hundred twenty (120) month- additional amount sufficient to amortize the un- lypayments certain. In the event the mem- funded accrued past service liability over aforty- ber dies after his retirement, but before he year period. has received retirement benefits fora peri- od often (10) years, the same monthly ben- (b) Other. Private donations, gifts and contri- efit will be paid to the beneficiary (or ben- butions may be deposited to the fund, but such eficiaries) as designated by the member for deposits must be accounted for separately and kept the balance of such ten-year period or, if no on a segregated bookkeeping basis. Funds from beneficiary is designated, to the surviving these sources may be used only for additional ben- spouse, or estate of the member. efits for members, as determined by the board, and may not be used to reduce required village Option 3. Other. In lieu of the optional forms contributions. enumerated in this section, benefits maybe (Ord. No. 1-83, § 5, 1-13-83) 8upp. No. 9 145 § 2-151 NORTH PALM BEACH CODE " Sec. 2-151. Retirement board, establishment. (d) The retirement board shall have full author- ity to administer all the provisions of this division (a) There is hereby created a general employ- and shall cause all disbursements and. receipt for ees retirement board of the village which shall all monies received by the fund through the office consist of five (5) members. of the village treasurer. The retirement board shall Two (2) members of the board shall be employ- appoint a secretary who shall keep a complete ees of the village. The employee members shall be record of all actions and proceedings by the board. elected at large by full-time village employees who (e) The retirement board shall continue to exist are not firemen or policemen. Employees who are exclusively for the purpose provided by this divi- elected cannot work in the same departments of sion and related legislation, and the responsibili- the village. The term of service of employees on ty for the administration and proper operation the general retirement board shall be indefinite or thereof and for effectuating the provisions of the until the time such employee member of the re- law relating thereto, is vested in the retirement tirement -board is retired, disabled, resigns, ter- board. urinates village employment or is removed for mis- (Ord. No. 1-83, § 6, 1-13-83) conduct by majority vote of the employees or the council of the village or for nonparticipation by Sec. 2-152. Additional rules and regulations missing two (2) or more consecutive meetings. The authorized. election to the board shall be arranged by the vil- lage clerk, who shall give reasonable notice of the The retirement board shall have the power to election to the eligible voters. One (1) member of adopt rules-and regulations, not inconsistent with the general retirement board shall be a resident the provisions of this division, governing its activ- of the village, selected by the village council, one ities and providing for the certification of the sum (1) member shall be the village manager and one to be paid a retired member from the general re- (1) member shall be the village mayor who shall tirement fund. serve as nonvoting chairman except in case of a (Ord. No. 1-83, § 7, 1-13-83) tie vote of the retirement board. The mayor may designate another member of the village council Sec. 2-153. Investing funds; custodian of se- to serve in his place, from time to time. curities. (b) Should"a vacancy occur in the position. of a (a) The retirement board shall have the power member serving as an employee member, the vil- and authority to direct the village treasurer to lage employees shall, within thirty (30) days, hold invest and reinvest the assets of the general re- an election and elect a successor to serve. Should tirement fund in a manner consistent with laws the member appointed by village council resign or and statutes governing the investment of the vil- relinquish his duties on the general retirement lage. Each of the foregoing powers and functions board, his successor shall be appointed by the vil- reposed in the retirement board may be performed lage council within thirty (30) days. and carried out by the village treasurer, at the direction of the retirement board through duly au- (c) The retirement board hereby created shall thorized agents, provided that the village treasur- perform all duties and enjoy all rights and powers er shall, at all times, maintain continuous super- . vested bylaw or ordinance, and the village attor- vision over the acts of any such agent(s); provided ney may give advice and legal assistance to said further, that legal title to the funds shall remain retirement board in all matters pertaining to the at all times in the name of the village. performance of their duties, whenever requested and may prosecute and defend all suits which may (b) The village, or its designated funding agent, be instituted by or against it; provided, however, shall be the custodian of all securities, and the the retirement board may, in its discretion, em- accretion thereof shall become a part of the gen- ployindependent legal counsel for such purposes, eral retirement fund. All funds and securities of l if funded by the village council, the expense of the general retirement fund shall be deposited with such employment to be paid by the village. the village treasurer, who shall keep then in a Supp. No. 9 146 ADMINISTRATION § 2-157 all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not in- clude: any Supp. Na. 24 148.1 ADMINISTRATION § 2-158 distribution that is one of a series of not elect to be covered under the optional plan substantially equal periodic payments (not within said thirty (30) day period shall continue less frequently than annually) made for to be covered under the existing benefit plan for the life (or life expectancy) of the distributee general employees. or the joint lives (or joint life expectan- cies) ofthe distributee and the distributee's (b) Retirement date. A member's normal retire- designated beneficiary or for a specified merit date shall be the first day of the month period of ten (10) years or more; any coincident with, or next following, attainment of distribution to the extent such distribu- his or her sixtieth birthday and the completion of tion is required under section 401(a)(9) of nine (9) full years of service with the Village. A the Code; and the portion of any distribu- member may retire on his or her normal retire- tion that is not includable in gross in- merit date or on the first day of any month come. thereafter, and each member shall become one hundred (100) percent vested in his or her ac- (b) Eligible retirement plan: An eligible retire- trued benefit on his normal retirement date. The merit plan is an individual retirement normal retirement date described above shall account described in section 408(a) of the apply only to members who are hired as general Code, an individual retirement annuity employees from and after the effective date of the described in section 408(b) of the Code, an ordinance from which this section derives. annuity plan described in section 403(a) of the Code, or a qualified trust described The normal retirement date for a member who in section 401(a) of the Code, that accepts was a general employee of the village prior to the the distributee's eligible rollover distribu- effective date of the ordinance .from which this tion. However, in the case of an eligible section derives shall be the first day of the month rollover distribution to the surviving coincident with, or next following, attainment of spouse, an eligible retirement plan is an his or her sixtieth birthday. individual retirement account or individ- (c) Retirement benefit. A member retiring here- ual retirement annuity. under on or after his normal retirement date shall (c) Distributee: A distributee includes an em- receive a monthly benefit which shall commence ployee or former employee. In addition, on his retirement date and be continued thereaf- the employee's or former employee's sur- ter during his lifetime, ceasing upon death. The viving spouse is a distributee with regard member's annual pension benefit shall equal two to the interest of the spouse. and one quarter (2'/4) percent of final average earnings multiplied by the member's credited (d) Direct rollover: A direct rollover is a pay- service for the first twenty (20) years of credited merit by the plan to the eligible retire- service and one (1) percent for each year of went plan specified by the distributee. credited service thereafter. (Ord. No. 13-95, § 1, 3-23-95) (d) Member contributions. Sec. 2-158. Optional benefit plan. (1) Amount. Members of the plan shall make (a) Applicability to employees. The optional regular contributions to the fund at a rate benefit plan shall apply to all employees hired equal to two (2) percent of their respective subsequent to the effective date of the ordinance earnings. .from which this section derives and to all existing (2) Duration. The Village shall pick-up, rather employees of the Village at the effective date of than deduct from each member's pay, be- the ordinance from which this section derives who ginning with the date of employment, two elect in writing to be a part of this optional benefit (2) percent of the member's basic compen- plan within thirty (30) days from the effective sation. The monies so picked-up shall be date of this section. Existing employees of the deposited in the Fund on a monthly basis. Village at time of passage of this section who do An account record shall be maintained Supp. No. 20 149 § 2-158 NORTH PALM BEACH CODE continuousl for each member. Pick-u an ear shall be seven 7 ercent and Y P YY Op contributions shall continue until death, the minimum rate shall be zero (0) per- disabilityortermination of service, which- cent. ever shall occur first. Contributions shall (4) Guaranteed refund. All contributions made remain in the fund unless withdrawn as by employees whose employment is termi- provided in the Plan. No member shall nated prior to vesting shall receive a re- have the option to choose to receive the fund of all amounts contributed by the contributed amounts directly instead of employee together with interest at a rate having them paid by the village directly to equal to the Consumer Price Index, pub- the plan. All such pick-up contributions lished by the U.S. Bureau of Labor Statis- by the Village shall be deemed and be tics in effect during the year or years of considered as part of the member's accu- employee contributions or seven (7) per- mulated contributions and subject to all cent per annum, whichever is less. provisions of the Plan pertaining to accu- mulated contributions of members. The (e) The board shall have the power and author- intent of this provision is to comply with ity to recommend an increase or decrease in the Section 414(h)(2) of the Internal Revenue benefits payable hereunder, through the adoption Code. For paying Social Security taxes, of an amendment to this article but provided such and for such other purposes except as action is based on an actuarial review by an specified in this plan, the amount of em- enrolled actuary who is a member of the Society of ployee contributions "picked-up" or paid Actuaries. by the village will be added to the amount (f) All portions of Division 3, Pension and distributed on a current basis in order to Certain Other Benefits for General Employees, of determine total wages, salary, pay or com- Article V of Chapter 2 of the Code of Ordinances pensation. In the event that the employer that are not in conflict with this Section 2-158 agrees to assume and pay member contri- shall have full applicability to this optional ben- butions in lieu of direct contributions by efit plan. the member, such contributions shall ac- (Ord. No. 12-96, § 2, 3-28-96; Ord. No. 28-96, § 1, cordingly be paid into the plan on behalf 7-25-96) of the members. No member subject to- such agreement shall have the option of Sec. 2-158.1. Optional benefit plan no. 2. choosing to receive the contributed amounts Cost of Ziuing adjustment. The amount of pen- directly instead of having them paid by Sion benefit will be increased or decreased in the employer directly to the plan. All such accordance with the changes in the consumer contributions by the employer shall be price index published by the U.S. Bureau of Labor deemed and considered as part of the Statistics. Adjustments of pension payments will member's accumulated contributions and be made on October 1 of each year reflecting the subject to all provisions of this plan per- change in the consumer price index over the taining to accumulated contributions of 12-month period ending April 1 of that year. The members. The intent of this language is to maximum increase or decrease in the member's comply with section 414(h)(2) of the Inter- pension benefit for any one (1) year is three (3) nal Revenue Code. percent. However, the member's pension benefit (3) Interest. Interest shall be credited to mem- can never be reduced below the amount the mem- ber contributions as of September 30 of ber received at date of retirement. Such adjust- each year at a rate equal to the change in ments shall apply to each retirement, survivor or the consumer price index, published by disability benefit in pay status as of each October the U.S. Bureau of Labor Statistics, over 1' the twelve-month period ending on the This provision is mandatory for all employees previous June 30. The maximum rate for hired after the effective date of this section and \ s Supp. No. 20 150 ANIMALS AND FOWL § 4-29 license for each dog or cat from the county animal dogs and cats being exhibited at pet shows or dog control. training schools during the time said shows and (b) Failure to have a dog or cat properly li- training schools are being conducted, all of which tensed shall result in an automatic fine of at least must be within the confines of premises and areas set out in paragraphs (a) through (c), above. ten dollars ($10.00) for each separate offense. (Code 1970, § 4-13; Ord. No. 206-70, § 7; Ord. No. (Code 1970, 4-11, 4-12; Ord. No. 206-70, § 9; Ord. No. 13-80, § 1, 6-12-80; Ord. No. 25-98, § 1, 210-70, § 1; Ord. No. 10-76, § 1, 6-10-76) 10-8-98) Sec. 4-25. Collar and tag-Required. Sec. 4-28. Running at large. Every owner shall provide each dog and cat (a) Dogs on streets and sidewalks. No person more than four (4) months of age kept, harbored owning or having possession, charge, custody or or otherwise maintained by him in the village control of any dog shall cause, permit or allow the with a sturdy collar to which the license tag dog to stray, run, be, go or in any other manner to referred to in section 4-24 of this Code shall be be at large in or upon any public street or side- securely fastened and it shall be the owner's duty walk unless accompanied by an attendant who to make certain that the collar and tag are worn at all times by the dog or cat when off the owner's shall have such dog firmly held by collar and leash, which leash is not to exceed eight (8) feet in premises. (Code 1970, § 4-19; Ord. No. 10-76, § 2, 6-10-76) length. (b) Dogs on property of others. No person own- Sec. 4-26. Same-Unauthorized reffioval. ing or having possession, charge, custody or con- No person, other than the owner or keeper, trot of any dog shall cause, permit or allow the dog shall remove or cause to be removed the collar or to stray, run, be, go or in any other manner to be tag required by section 4-25 of this Code from any at large in or upon private property of others dog or cat within the village. within the village without the express or implied (Code 1970, § 4-20; Ord. No. 206-70, § 8) consent of the owner of such private property. (c) Cats. No person owning, harboring or hav- Sec. 4-2`7. Prohibited in certain areas; ezcep- ing in his possession any cat shall knowingly tions. permit or allow such cat to run at large within the (a) The owner of any dog or cat shall not village, or knowingly allow such cat to be upon permit or allow such dog or cat to be or enter upon an3' street, boulevard, road or alley of the village any church premises, public hall or building, or in any yard or enclosure other than the yard or school premises, restaurant, store, market or any enclosure occupied or owned by such cat owner place where food or drink is commercially dis- between the hours of 11:00 p.m. and 7:00 a.m. pensed or sold. (Code 1970, § 4-21; Ord. No. 206-70, § 12; Ord. No. 3-75, § 1; Ord. No. 10-76, § 3, 6-10-76) (b) No person, being the owner of any dog or cat, shall permit the same to be in any public park Sec. 4-29. Vicious, biting and attacking dogs. of the village. (a) It shall be the duty of the owner of any dog (c) Any dog or cat found running at large in to prevent such dog from biting or attacking any any public park of the village shall be impounded person in the village, and if a person is bitten by by the police department in the manner provided a dog he shall report the incident to the depart- for in section 4-30. went of public safety immediately. (d) The provisions of paragraphs (a) through (b) Whenever any dog shall have bitten any (c) shall not apply to guide and service dogs person, the director of public safety may order pursuant to F.S. section 413.08, nor shall the such dog quarantined in the county animal rescue provisions of paragraphs (a) through (c) apply to league shelter or county animal control center or Supp. No. 17 267 § 4-29 NORTH PALM BEACH CODE in a veterinarian's. kennel, or on the owner's ($10.00) plus a boarding fee of three dollars ($3.00) premises,- for period extending not longer than for each day the dog or cat is impounded following fourteen t14) days. from the date of biting. the first day of impoundment.. (c) All expense incurred while the dog is in (d) Disposition upon owner's failure to redeem. quarantine shall be borne. by the owner, keeper or If the owner of the dog or eat shall not make harborer of the dog. application for its. release within forty-eight (48) hours, or shall not pay the charges and fines (d) Any dog which may unprovokedly bite or above referred to, then the director of public attack any person in the village is hereby de- safety will release such dog or cat to the county Glared to be a public nuisance and such dog may animal rescue league. be apprehended and impounded at any time by (Code 1970, § 4-34; Ord. No. 206-70, § 13; Ord. No. any police officer,. or other person charged with 8-73, § 1; Ord. No. 13-80, § 2, 6-12-80) the enforcement of this chapter. If such dog is Sec. 4-31. Persons walking dogs responsible impounded, the- owner shall have no right to for removal of waste. redeem the dog. if it has unprovokedly attacked or bitten any person or persons in the village on two It shall be unlawful for any person, while (2) or more separate occasions within any twenty- walking a dog, to permit such dog to defecate four-month period- unless he shall remove such upon private property not owned by such person dog from the village, immediately upon redemp- or not owned by the owner of the dog, or upon tion and shall not thereafter keep, harbor or public property, including, but not limited to, otherwise maintain such dog in the village at any public sidewalks and swale areas, without remov- time. Adog bite or attack shall be considered ing the fecal matter immediately after such defe- unprovoked if the dog which bites or attacks is cation has ended.. unleashed or not confined on the owner's prem- (Ord. No, 8-79, § 1, 5-10-79) ises at the time. Sec. 4-32. Persons walking dogs to carry (Code 1970, § 4-26; Ord. No. 206-70, § 5; Ord'. No. waste-removal implements. 10-76, § 4, 6-10-76) Any person who walks a dog off the premises Sec. 4-30. Impouindment. where the owner of the dog resides or off the premises where the person who is walking the (a) Required. Whenever a dog or cat is within dog resides shall carry with him, at all times the corporate limits of the village in violation of when so walking a dog, appropriate implements the provisions of this. chapter, it shall be the duty to remove any fecal matter deposited by the dog of any police officer of the village, when such fact on public property or upon private property not shall be called to his attention,. to take charge of owned by the owner of the dog nor owned by the such dog. or cat and impound it. person walking. the dog, together with adequate containers to carry the fecal matter back to the (b) Notice. Any police officer or other employee private property of the owner of the dog or back to of the village who. impounds or otherwise acquires the private property of the person walking the possession of a dog or cat who has a license tag dog. affixed to such. animal, shall make every effort to (Ord. No. 8-79, § 2, 5-10-79) notify the owner as soon as is reasonably possible. Secs. 4.33-4-41. Reserved. (c) Redemption by owner. Within forty-eight (48) hours thereafter, the owner of such dog or cat ARTICLE III. RABIES CONTROL may apply for its release and such release shall be granted providing the owner shall have paid See. 4-42. Rabid aninaals~Declared nui- whatever fines, if any, may have been imposed for sauce. the violation of this chapter and providing the Any dog, cat. or other animal suffering. from owner shall also pay a pickup fee of ten. dollars rabies is hereby declared to be a public. nuisance Supp. No. 17 268 ANIMALS AND FOWL § 4-46 and any such animal may be slain by any police shall be the duty of the person slaying such dog, officer, or other person charged with the enforce- cat or other animal, and the owner of such dog, went of this chapter, if the same cannot be safely cat or other animal to notify the police depart- apprehended and impounded. went and to immediately deliver such dog, cat or (Code 1970, § 4-30) other animal intact to such department, or cause the same to be done. Sec. 4-43. Same-Confinement. (Code 1970, § 4-28) It shall be the duty of any person keeping, harboring or otherwise maintaining any dog, cat or other animal suffering from rabies to place it immediately in a veterinary hospital or, upon demand, to surrender such dog, cat or other animal to any police officer, or other person charged with the enforcement of this chapter. (Code 1970, § 4-31) Sec. 4-44. Same-Duty to report; impound- ing. (a) It shall be the duty of every person who discovers that any dog, cat or other animal has been bitten by a dog, cat or other animal suffering with rabies to report such fact immediately to the director of public safety. Such report shall give the name, if known, the place of residence of the person keeping, harboring or otherwise maintain- ing any such dog, cat or other animal, the place where the same can be found, and the license numbers of any such dog or cat, if known. (b) Any such dog, cat or other animal shall be immediately confined in a veterinary hospital or taken up and impounded and securely kept until it can be determined whether any such dog, cat or other animal is suffering with rabies. (Code 1970, § 4-32) Sec. 4-45. IOZuzzles; when required. Whenever the mayor, by proclamation, shall declare that danger from rabies is great, it shall be unlawful to permit or allow any dog or cat upon the public street, alley or sidewalk or other place unless such dog or cat is securely muzzled. (Code 1970, § 4-33) Sec. 4-46. Reporting death or destruction. In all cases where any dog, cat or other animal which has bitten a person is slain or dies within fourteen (14) days from the time of the bite, it [The next page is 319] Supp. No. 17 269 BOATS, DOCKS AND WATERWAYS § 5-71 purposes only if the canal cannot be used for tory and acceptable to the village council and such navigational purposes by virtue of its width, other bond is not necessary for the performance of the construction features or by virtue of inability of terms of this chapter. boats to travel thereon continuously to open wa- (Code 1970, § 11-31) ter. (Code 1970, § 11-23) Secs. 5-62-5-68. Reserved. Sec. 5-60. Canal crossings. DIVISION 3. BULKHEADS AND SEAWALLS* All roadway crossings for all proposed canals Sec. 5-69. Compliance with division re- for navigation purposes or for navigation and quired. drainage purposes shall have a minimum vertical clearance of sixteen (16) feet above mean high All bulkheads or seawalls to be constructed water and a minimum horizontal clearance of ~'~'ithin the corporate limits of the village shall twenty (20) feet face to face of piling or bulkhead. meet the requirements set forth in this division. Plans for all crossings of navigation canals or (Code 1970, § 11-26) navigation and drainage canals shall be submit- ted to the village engineers and must be approved Sec. 5-70. Submission of plans and specifi- by them in writing prior to being constructed. cations. (Code 1970, § 11-25) Plans and specifications for any bulkhead or seawall to be constructed within the corporate Sec. 5-61. Surety bond prerequisite to issu- limits of the village shall be submitted by an ance of building permit in certain engineer registered in the state and shall bear his cases. certification and seal on the face thereof. (Code 1970, § 11-27) (a) Before a building permit is issued for the digging or construction of a canal in an unplatted Sec. 5-71. Specifications. area or in an area where such canal is not to be All bulkheads and seawalls to be henceforth dedicated to the public, the applicant for such constructed shall be of reinforced or prestressed permit shall furnish a surety company bond sat- concrete construction and shall be subject to the isfactory to the village council, guaranteeing that following minimum requirements: within twelve (12) months from the date of the permit the construction of the canal, together (1) All materials and construction methods with the bulkhead or seawall requirements set utilized in the construction shall conform forth herein, shall be entirely completed in full to the applicable portion of the latest state accordance with the approved plans submitted department of transportation standard under this chapter, and copies of these regula- specifications. tions shall be attached to and constitute a part of (2) Bulkheads and seawalls may be of either the bond agreement. the king pile-and-slab type or of the tongue- and-groove-concrete-sheet-pile type or of (b) No permit shall be issued for the construe- any other type which contains compara- tion or digging of any such canal without such ble or better qualities for the purposes of bond. bulkheads or seawalls, depending upon (c) Extensions of the bond required herein or the recommendation of the designing en- waiver of such bond may be made by the village gineer. All bulkheads and seawalls shall be capped with a continuous reinforced council where it is determined by the council that concrete cap a minimum often (10) inches the financial resources and the integrity and reliability of the applicant for a permit is satisfac- xCross reference-Bulkhead lines generally, Ch. 7. Supp. No. 21 327 § 5-71 NORTH PALM BEACH CODE in depth and fifteen (15) inches in width king pile or support sheet and shall in- and shall be provided with atwo-inch spect the site prior to backfilling any chamfer on the top edges of the cap. All anchors or tie rods and before pouring any bulkheads or seawalls shall be of the cast-in-place construction and before final anchored type using a suitable tie-back cap pouring. system. The bulkhead cap shall be placed (2) All precast prestressed sections shall be at elevation five and five-tenths (5.5) feet certified by the manufacturer to the effect mean sea level, or shall conform to the that the sections are in conformance with elevation of the bulkhead caps in exist- the plans and specifications accompany- ence on adjacent property insofar as pos- ing the permit, and copies of the certifica- sible. Special exceptions to this elevation tion shall be furnished to the building requirement may be granted if the instal- inspector. lation is in connection with commercial or industrial development. (Code 1970, § 11-30) (3) All reinforcing steel shall be provided Secs. 5-74-5-80. Reserved. with a minimum of two and one-half (21/2) inches of concrete cover. Exposed steel DIVISION 4. DOCKS AND PIERS and anchors, tie rods, etc., shall be coated with a protective coating of an approved Sec. 5-81. Definitions. type to prevent corrosion. (4) All exposed concrete shall be troweled or As used in this division, the following terms rubbed smooth prior to setting whether shall have the indicated meanings, unless the context clearly indicates otherwise: j' concrete is cast-in-place or precast con- struction. Batter pile means pile that is designed and (5) Plans submitted for the construction of installed on a slope other than vertical in order to bulkheads and seawalls shall contain a resist horizontal as well as vertical forces. cross section of the proposed channel on Commercial dock means a wharf, dock or pier the canal side of the bulkhead wall. facility for tenants of hotels, apartment houses, (Code 1970, § 11-28) condominiums and for commercial uses and shall be constructed only in zoning districts other than Sec. 5-72. Permit fee. R-1 and R-2. All applications for permits for bulkheads or Pier means a dock that extends more than five seawalls shall be subject to a permit fee equal to (5) feet perpendicular to a bulkhead or shoreline. three dollars ($3.00) per one thousand dollars Private dock, pier, mooring buoy and floating ($1,000.00) of estimated construction cost, which anchor mean those that shall only be used by the sum shall be payable upon application for such a occupant and his family and shall be constructed permit. only in R-1 and R-2 Zoning Districts. A private (Code 1970, § 11-29) dock, pier, mooring buoy or floating anchor shall not be rented or leased. Sec. 5-73. Inspection required. Wave break means a structure designed only to After issuance of a construction permit and break up waves or boat wakes, not to be used for commencement of construction on any seawall or mooring or docking boats. bulkhead, the work shall be subject to the follow- (Code 1970, § 11-32; Ord. No. 3-71, § 2; Ord. No. ing inspection requirements by the village build- 1-73, § 1; Ord. No. 35-90, § 1, 9-27-90; Ord. No. ing inspector: 13-98, § 1, 5-14-98; Ord. No. 04-2001, § 1, 2-8-01) Cross reference-Rules of construction and definitions (1) The village building inspector shall be generally, § 1-2. present during the first installation of Supp. No. 21 328 BOATS, DOCKS AND WATERWAYS § 5-83 Sec. 5-82. Generally. c. Wood piling is to be minimum ten- (a) Docks, piers, mooring buoys and anchors, inch butt diameter and the treat- boat davits and other boat-lifting devices and went shall conform to AWPB MP1, other approved structures shall be owned and MP2 or MP4. Pile cutoff shall be constructed only by the upland landowner. treated in accordance with AWPA M4. (b) Boat davits and other boat-lifting devices shall require a building permit. d. All piling are to be set a maximum of ten (10) feet on center for timber (c) Docks, piers, mooring buoys and anchors deck construction. and other waterside structures shall require a building permit. (2) Stringers and bracing. Stringers and brac- (Code 1970, § 11-33; Ord. No. 3-71, § 2; Ord. No. ing, if lumber, shall be a minimum two- 10-2000, § 1, 4-13-00) inch by eight-inch. Sec. 5-83. Minimum design requirements. (3) Decking. Decking, if lumber, shall be a minimum two-inch by six-inch. (a) Coverings. Any sun, wind or weather cov- ering to be constructed over a dock or pier shall (4) Fasteners. require a permit and shall be classified as a a. All bolts, nuts, washers and nails canopy and shall meet the building code as such. shall be, hot dipped galvanized or (b) Decking elevation. The main deck of a dock zinc plated or equal. or pier shall be placed at a minimum of three and b. Stringers and braces shall be fas- five-tenths (3.5) feet above mean sea level. The tened with minimum one-half inch steps from the ground or bulkhead cap shall not bolts. exceed seven (7) inches for each step. (5) Dock lumber. All dock lumber shall be (c) Wave break. The bottom wave breaking pressure treated or equal. stringer shall not extend below mean low water. (d) Floating docks. Free-standing piling for (6) Concrete strength. All concrete shall be a floating docks shall be a minimum schedule 40, minimum strength of thirty-five hundred six-inch diameter, pea rock concrete filled steel (3,500) psi in twenty-eight (28) days. pipe or six-inch plastic pipe filled with pea rock (7) Blocks. If dock is to be supported by a concrete and two (2) equally spaced number four bulkhead, four-inch by four-inch blocks or reinforcing bars, suitably tied. Attaching rings equal shall be bolted to bulkhead wall; shall be steel or chain. Smaller piling may be stringer shall be bolted to four-inch by allowed when properly structurally designed. four-inch blocks. (e) Construction material. Construction mate- (f) Structural equivalents permitted. Docks and rial for piers and docks shall meet the following piers of other design and material maybe permit- requirements: ted when structurally equivalent to the above. (1) Piling. a. Minimum bottom penetration is to (g) Commercial docks and piers. All commer- be six (6) feet. cial docks and piers are to be designed by a Florida registered professional engineer. b. Concrete piling is to be minimum eight-inch by eight-inch or eight- (h) Fixed, reinforced concrete construction re- inch diameter reinforced with four quired in certain cases. All docks and piers to be (4) number five (5) rods with number constructed in Lake Worth and the Atlantic Ocean two (2) hoops eight (8) inches on shall be of reinforced concrete construction and be center. fixed docks and piers. Supp. No. 22 329 § 5-83 NORTH PALM BEACH CODE (i) Dolphins and tie poles. (2) In regard to construction waterside of any (1) Bottom penetration is to be a minimum of lot havingfifty-foot or less frontage on the six (6) feet. water, docks shall not be placed within five (5) feet of the side property line ex- (2) Materials and construction are to be the tended. same as dock and pier pilings. (3) In regard to construction waterside of any (j) Commercial marinas. All fixed docks and lot having greater than fifty-foot frontage piers to be constructed in commercial marinas on the water, docks shall not be placed shall be concrete or equal. within ten (10) feet of the side property (k) Batter piles. line extended. (1) Batter piles are to be designed by a Flor- (4) Dead end lagoon. In regard to construc- ida registered professional engineer. Lion waterside of any platted lot at the dead end of a lagoon, a dock or a pier may (2) Batter piles are to be constructed of pre- be placed zero (0) feet from the side prop- stressed concrete. erty line extended when all the following (3) A building permit shall be required prior requirements are complied with: to construction for all batter piles. a. The lot/lots shall be in a R-1 Single (4) Batter piles shall be installed. only under Family Dwelling District. the following conditions: ~ b. Building permits shall be obtained a. Obstructions prevent use of Stan- as required by section 5-82 of this dard tiebacks and anchors to rein- chapter. force bulkheads. c. At least one (1) lot shall have less j b. Existing bulkhead has failed or is in than seventy-five (75) feet frontage danger of failing. on the water. c. Not to be used in the construction of d. A dock or pier, but not both, shall be new bulkheads. constructed at the same time on both sides of the common property line in (5) Base of batter pile shall extend amaxi- question. The dock or pier on a lot mum of five (5) feet from the waterside shall be structurally independent of face of the bulkhead. the dock or pier on the adjacent lot. (Code 1970, § 11-34; Ord. No. 4-74, § 1; Ord. No. 35-90, 2-6, 9-27-90) (5) Docks shall extend a maximum of five (5) feet out from the face of the bulkhead Sec. 5-84. Regulations governing construc- ~'°~1' tion in waters other than Lake (6) Piers not exceeding six (6) feet in width Worth and Atlantic Ocean. may extend waterside a maximum of fif- All docks or other approved structures to be teen (15) feet in lagoons, twenty (20) feet constructed waterside of bulkheads or land in the in the North Palm Beach Waterway and lagoons, waterways or other bodies of water in the Prosperity Harbor, twenty-five (25) feet in village, other than the waters of Lake Worth and West Lake and forty (40) feet in North the Atlantic Ocean, shall be constructed in actor- Lake and not more than twenty-five (25) dance with the following requirements and regu- percent of the waterway width of the lations: Earman River; provided however, that, a pier may extend waterside a maximum of (1) Prior to a permit being issued by the fifty-five (55) feet when connected with a village, a permit shall be obtained from commercial marina operation in a com- such other authority that has a vested mercial zoned piece of property so long as interest in the waterway. said construction leaves a m;n;mum clear Supp. No. 22 330 BOATS, DOCKS AND WATERWAYS § 5-85 water distance of forty (40) feet between Sec. 5-85. Regulations governing construc- the pier and any opposite bulkhead or tion in Lake Worth and Atlantic water structure which may be constructed Ocean. in accordance with this chapter. Piers ~ piers, docks or other approved structures to located in the Earman River may be con- be constructed waterside of the bulkhead line or strutted with "L" or "T" heads provided land of the village in Lake Worth, or the mean the maximum allowable length waterside low-water mark of the Atlantic Ocean, shall meet is reduced by twelve (12) feet. No pier the following regulations and requirements: shall be located closer to the side property line extended than its extension water- (1) The design of any pier to be constructed side. under the provisions of this division shall be performed by an engineer registered in (7) In lagoons, dolphin poles, wave breaks, the state, and detailed construction draw- mooring posts, mooring buoys or floating ings shall be submitted bearing the certi- anchors shall be placed a maximum of fication and seal of such engineer. twenty (20) feet from the face of the bulk- head or the shore. Wave breaks shall be (2) Prior to a permit being issued by the allowed only at lagoon entrances opening village, a permit shall be obtained from into Lake Worth. such other authority that has a vested interest in the waterways. Nothing con- (8) In the North Palm Beach Waterway and tained in this division shall be construed Prosperity Harbor, dolphin poles, mooring to affect the rights or obligations con- posts, mooring buoys or floating anchors netted with spoil areas located in Lake shall be placed a maximum of thirty (30) Worth within one hundred (100) feet feet from the face of the bulkhead or the lakeward of the bulkhead line referred to shore. above and the granting of a permit by the (9) In the Earman River, dolphin poles, wave village does not release the applicant from breaks, mooring posts, mooring buoys or personally determining what, if any, ef- floating anchors shall be placed not more feet such spoil areas may have upon any than twenty-five (25) percent of the wa- construction done in accordance with this terway width from the bulkhead or the division. shore. Wave breaks shall be allowed only (3) No pier shall extend beyond a line fifty at the entrance to Lake Worth. (50) feet waterside from and parallel to (10) In West Lake and North Lake, dolphin the bulkhead line of the village. poles, mooring posts, mooring buoys or (4) The centerline of all piers shall be on a floating anchors shall be placed amaxi- uniform alignment. mum of fifty (50) feet from the face of the (5) Piers may be constructed with "L" heads bulkhead or the shore. or "T" heads of fifty (50) feet. A finger pier (11) Dolphin or mooring post location shall be shall not exceed twenty-two (22) feet in inside the side property line extended and length and shall be a maximum of six (6) shall be determined by the building de- feet and a minimum of three (3) feet in partment. width. (12) In no instance shall any structure extend (6) No point on any pier shall be closer than more than twenty-five (25) percent of the twenty (20) feet to either side property width of the water. line projected along a line parallel to the . pier center line or closer than forty (40) (Code 1970, § 11-35; Ord. No. 3-71, § 2; Ord. No. 6-73, § 1; Ord. No. 36-95, 1, 2, 12-14-95; Ord. feet to any part of another pier. No. 28-98, 1-3, 12-10-98; Ord. No. 09-2001, (7) All piers and docks shall be constructed § 1, 4-12-01) with all major components including pil- Supp. No. 22 331 § 5-85 NORTH PALM BEACH CODE ing, beams, decks, etc., constructed of sections of the village Code, the board of adjust- reinforced concrete. Piers shall have a went must find the factors set forth in F.S. section maximum width of ten (10) feet, and a 163.225(3)(x), (b), (c): minimum width of six (6) feet. "(3) (a) To authorize upon appeal such vari- (8) Dolphins or mooring posts may be in- ante from the terms of the ordinance as stalled adjacent to piers, with location to will not be contrary to the public interest be determined by the building depart- when, owing to special conditions, alit- ment. eral enforcement of the provisions of the ordinance would result in unnecessary (9) In regard to construction waterside of any and undue hardship. In order to authorize lot having fifty (50) feet or less frontage on any variance from the terms of the ordi- thewater, docks shall not be placed within nance, the board of adjustment must find: five (5) feet of the side property line ex- "1. That special conditions and circum- tended. stances exist which are peculiar to (10) In regard to construction waterside of any the land, structure, or building in- lot having greater than fifty (50) feet volved and which. are not applicable frontage on the water, docks shall not be to other lands, structures, or build- placed within ten (10) feet of the side ings in the same zoning district; property line extended. "2. That the special conditions and cir- (11) Freestanding wave breaks shall not be cumstances do not result from the permitted. actions of the applicant; " 3. That granting the variance requested (12) Mooring buoys and anchors shall be de- will not confer on the applicant any signed and located in such a manner as to special privilege that is denied by not allow the moored vessel to cross the this ordinance to other lands, build- side property lines extended. Mooring ings, or structures in the same zon- buoys and anchors shall be located paral- ing district; lel to the bulkhead no more than one "4. That literal interpretation of the pro- hundred fifty (150) feet from the bulk- visions of the ordinance would Be- head. No live-aboards are allowed. The prive the applicant of the rights com- upland land owner shall not moor or an- monly enjoyed by other properties in chor more than one (1) boat. the same zoning district under the (Code 1970, § 11-36; Ord. No. 3-71, § 2; Ord. No. terms of the ordinance and would 35-90, 7, 8, 9-27-90; Ord. No. 13-98, § 2, work unnecessary and undue hard- 5-14-98; Ord. No. 11-99, § 3, 2-11-99; Ord. No. ship on the applicant; 10-2000, § 2, 4-13-00) "5. That the variance granted is the minimum Variance that will make Sec. 5-86. Variances. possible the reasonable use of the The board of adjustment created and described land, building or structures; in section 21-21 of this Code shall have the power "6. That the grant of the variance will to authorize upon appeal such variance from the be in harmony with the general in- terms of section 5-85(3) as will not be contrary to tent and purpose of the ordinance the public interest when, owing to special condi- and that such variance will not be tions, a literal enforcement of the provisions of injurious to the area involved or oth- those sections of the village Code as they pertain erwise detrimental to the public wel- to properties located on Lake Worth will result in fare. unnecessary and undue hardship. In order to authorize any variance from the terms of those Supp. No. 22 332 BUILDINGS AND BUILDING REGULATIONS § 6-19 ARTICLE I. IN GENERAL and the following ordinances: Sec. 6-1. Construction on public land pro- Ord. No. Date Section hibited. 7-72 2 16-72 1 It shall be unlawful for any person to erect or 10-75 7-10-75 1, 2 maintain, or to permit the erection or mainte- 9-78 5-25-78 1, 2 3-80 2-14-80 1 nance of any structure of any kind, including a 25-80 10- 9-80 1, 2 wall upon, across, over or under any portion of 17-s2 9-23-82 1 any publicly dedicated utility or drainage ease- 12-s3 s-25-s3 1, 2 went area in the village. 16-86 11-13-86 i, 2 (Code 1970, § 6-1) Sec. 6-17. Codes adopted. Sec. 6-2. Reserved. The 2001 edition of the Florida Building Code Editor's note-Ord. No. 05-2002, § 3, adopted Feb. 28, including the amendments to the code as recom- 2002, repealed § 6-2, in its entirety. Former § 6-2 pertained to mended by the Building Code Advisory Board of accessibility to buildings by handicapped persons; .state law palm Beach County and the Village Of North adopted which was incorporated by reference and derived from the Code 1970. Palm Beach are hereby adopted and incorporated herein, as part of the minimum construction Sec. 6-3. Reserved. standards for the Village of North Palm Beach, Florida. Department of Public Services shall be Editor's note-Ord. No. 05-2002, § 4, adopted Feb. 28, substituted for Building Department in the adopted 2002, repealed § 6-3, in its entirety. Former § 6-3 pertained to fire district and derived from the Cade 1970, § 16-23; and Ord. Code. No. 12-72, § 1. (Ord. No. 4-90, § 2, 3-8-90; Ord. No. 14-92, § 2, 9-10-92; Ord. No. 15-96, § 2, 4-25-96; Ord. No. Sec. 6-4. Reserved. 7-99, § 1, 1-28-99; Ord. No. 05-2002, § 2, 2-28-02; Ord. No. 13-2002, § 1, 5-9-02) Editor's note-Pursuant to advice of the city, and at the Editor's note-The various codes adopted above in § 6-17, editor's discretion, Ord. No. 2-83, adopted Feb. 10, 1983, and amendments thereto, are not set out at length in this codified as Ch. 12.5 of this Code, has been treated as super- Code but are on file and available for inspection in the offices seding former § 6-4 relative to duties of the building official of the city. concerning flood management building requirements. Such Note-See the editor's note following § 6-16. section derived from Ord. No. 7-77, § 1, adopted Apri128, 1977 Cross references-Florida Fire prevention code adopted, and Ord. No. 19-78, § 1, adopted July 27, 1978. § 12-16; housing code adopted, § 15-1. Secs: 8-5-8-15. Reserved. Sec. 6-18. Reserved. Editor's note-Former § 6-18, relative to amendments ARTICLE II. MINIMUM CONSTRUCTION and addition to the Standard Building Code, has been deleted STANDARDS pursuant to the adoption of Ord. No. 15-96, enacted April 25, 1996, which adopted the 1994 editions of the various codes as detailed in § 6-17. The provisions of former § 6-18 derived from Sec. 6-16. Authority. Ord. No. 20-93, § 1, adopted Sept. 9, 1993; and Ord. No. 21-93, This article is promulgated in accordance with § 1, adopted Sept. 9, 1993. F.S. chapter 553. Sec. 6-19. Violations; penalty. (Ord. No. 4-90, § 1, 3-8-90; Ord. No. 05-2002, § 1, 2-28-02) Any person, firm or corporation who shall vio- Editor's note-The provisions of 6-16 and 6-17 were late a provision of this article, or fail to comply deleted as being superseded by the provisions of 1, 2 of Ord. therewith, or with any of the requirements thereof, No. 4-90, adopted Mar. 8, 1990, included herein as new 6-16 and 6-17. The deleted provisions pertained to the adoption of shall be guilty of a misdemeanor. Each such the Standard Building Code, 1985 edition and the county person shall be deemed guilty of a separate of- amendments, and derived from Code 1970, 6-11 and 6-12, fense for each and every day or portion thereof Supp. No. 23 383 § 6-19 NORTH PALM BEACH CODE , during which any violation of any of the provi- Sec. 6-32. Intent and purposes. sions of this article is committed or continued and, upon conviction of any such violation, such This appearance code is adopted for the follow- person shall be punished by a fine of not less than ing purposes: fifty dollars ($50.00) nor more than five hundred (1) To promote the public health, safety, mor- dollars ($500.00), or by imprisonment not exceed- als, comfort and general welfare of the ing six (6) months, or by both such fine and citizens of the village. imprisonment. (Ord. No. 25-80, § 3, 10-9-80; Ord. No. 12-83, § 3, (2) To enhance the values of property through- 8-25-83) out the village. Editor's note-Ordinance No. 25-80, § 3, adopted Oct. 9, 1980, was nonamendatory of the Code; hence, its inclusion as (3) To protect and t0 stabilize the general § 6-19 was at the editor's discretion. appearance of buildings, structures, land- scaping and open areas, in the multiple Sec. 6-20. Reserved. dwelling, commercial and public zoning Editor's note-Section 3 of Ord. No. 14-92, adopted Sept. districts of the village. 10, 1992, repealed former § 6-20, relative to amendments to (4) To insure adequate light, air and privacy the Standard Plumbing Code, which derived from Ord. No. 20-91, § 1, adopted May 23, 1991. for property in the multiple dwelling, com- mercial and public zoning districts of the Secs. 6-21-6-29. Reserved. village. (5) To encourage and promote acceptability, ARTICLE III. APPEARANCE CODE* attractiveness, cohesiveness and compat- ibility of new buildings, developments, remodeling and additions so as to main- DIVISION 1. GENERALLY tain and improve the established stan- dards of property values within the mul- \ Sec. 6-30. Short title. title-dwelling, commercial and public This article, including any regulation hereafter zoning districts of the village. adopted, shall hereafter be known, cited and (Code 1970, § 6-22) referred to as the "Appearance Code." (Code 1970, § 6-21) Sec. 6-33. Appearance plan. Sec. 6-31. Definition. The village hereby adopts by reference thereto the appearance plan attached as exhibit A to The term external architectural feature is Ordinance No. 3-72 of the village. The appearance defined to mean the architectural style and gen- plan is set forth at length in Appendix A of this eral arrangement of such portion of a building or Code. structure as is designed to be open to view from a (Code 1970, § 6-40; Ord. No. 3-72, § 1) public street, place or way, or from adjoining premises. (Code 1970, § 6-39; Ord. No. 4-71, § l; Ord. No. Sec. 6-34. Reserved. 2-72, § 1) Editor's note-Ordinance No. 4-79, § 1, adopted March 8, Cross reference-Rules of construction and definitions 1979, amended Ord. No. 6-77, § 5, enacted April 28, 1977, to generally, § 1-2. repeal 6-29-6-32 of the 1970 Code, of which 6-30, 6-32 were codified as § 6-34 of this Code. Former § 6-34 pertained *Editor'snote-Ordinance No. 6-77, § 5, enactedApri128, to amendments of the appearance plan. 1977, adopted 6-30-6-36, 6-56-6-60, concerning the ap- pearance code, as part of the comprehensive plan for the village. Ord. No. 4-79, adopted March 8, 1979, removed the Sec. 6-35. Appeals and review appearance code from the comprehensive plan. Cross references-Planning and development, Ch. 21; The applicant or any interested party may file appearance plan, App. A. an appeal to the village council on any ruling by Supp. No. 23 384 HOUSING § 15-2 Sec. 15-1. Housing code-Adopted by refer- justments and appeals. Such appeal shall state ence. the location of the property, the date of the The Village Council of the Village of North notice of violations, and the number of such Palm Beach, Florida, does hereby adopt by refer- notice. The appellant must state the variance ence the Standard Housing Code, 1997 Edition, of or modification requested, the reasons therefor, the Southern Building Code Congress Interna- and the hardship or conditions upon which the appeal is made. Appeals shall be on forms tional, Inc., as the housing code for the village. provided by the department of public services, There have been for at least ten (10) days last and shall be accompanied by a filing fee of one past and shall be during the time that this code is hundred fifty dollars ($150.00). in effect, three (3) copies of such code and recom- mended amendments kept available for public Section 202. Definitions use, inspection and examination. The definitions for "dwelling" and "family" (Code 1970, § 19.3-11; Ord. No. 8-75, § 1, 7-10-75; Ord. No. 14-77, § 1, 7-14-77; Ord. No. 28-80, § 1, contained within section 202, Definitions, are 10-9-80; Ord. No. 8-83, § 1, 8-25-83; Ord. No. hereby amended to read as follows: 21-86, § 1, 11-13-86; Ord. No. 5-90, § 1, 3-8-90; Dwelling is any building or structure de- Ord. No. 3-92, § 1, 2-27-92; Ord. No. 27-2001, § 2, signed exclusively for residential occupancy. A 9-13-01) dwelling may be designed for one-family, two- Cross references-Restrictions on living aboard house- family or multiple-family occupancy, but not boats, § 5-15; building, gas, mechanical and plumbing codes including hotels, clubs, motels, boarding or adopted, § 6-16; electrical code adopted § 11-11; fire prevention code adopted § 12-16. lodging houses or house trailers whether such trailers be mobile or located in stationary fash- Sec. 15-2. Same-Amendments. ion as when on blocks or other foundation. The following amendments and additions are Family shall mean one or more persons hereby made to the housing code adopted by living in the same single or multiple family section 15-1 of this code: dwelling unit, all of whom are related by blood, marriage or adoption, or a group of persons all 102.1 Enforcement Officer. of whom are not so related which does not There is hereby established by the applica- exceed two (2) unrelated persons in number. ble governing body provisions for the enforce- This term shall not include the occupants of a went of this code by the housing official. The rooming or boarding house, group home/congre- director of public services shall serve as the gate living facility or other similar use with housing official. shared cooking or sanitary facilities. 106.1 Appointment. 305.15. Accessory Structures. There is hereby established a board to be Garages, storage buildings, docks, piers, boat called the housing board of adjustments and hoists, dolphin poles, bulkheads, swimming appeals. The board shall be appointed by the pools and the waters therein, screen enclo- village council. The construction board of ad- sores, fences, walls, driveways, sidewalks, an- justments and appeals established by Chapter tennas and all other accessory structures shall 6 of the village Code shall act as the housing be maintained and kept in good repair and board of adjustments and appeals. sound structural condition. All sections of this code are applicable as determined by the build- Section 107. Appeal. ing official subject to standard appeal as out- Any person receiving written notice from the lined in section 107. housing official of deficiencies in his property 307.4. Care of Premises. under this Code may within thirty (30) days following the date of such notice enter an It shall be unlawful for the owner or occu- appeal in writing to the housing board of ad- pant of a residential building, structure or Supp. No. 23 947 § 15-2 NORTH PALM BEACH CODE property to utilize the premises of such resi- breaks, broken glass, crumbling stone, brick or dential property for the open storage of any stucco or other conditions reflective of deteriora- abandonedmotor vehicle, abandoned boat, aban- tion or inadequate maintenance. doned trailer, ice box, refrigerator, stove, glass, All building exterior wall surfaces shall be kept building material, building rubbish or similar free of faded or chipped paint, and shall be main- items. It shall be the duty and responsibility of twined in repair and condition to prevent deterio- every owner or occupant to keep the premises ration, and must be repainted, recovered or cleaned of such residential property clean and to re- when twenty-five (25) percent or more of any move from the premises all such abandoned exposed surface becomes discolored or is peeling. items listed above. All off=street parking spaces and driveways shall Landscaping. be asphalt, concrete, block, brick or similar smooth durable surface and shall be kept in repair. The entire yard where exposed to public view must be landscaped. Play areas, flowerbeds, drive- 308.1 Compliance Exceptions. ways, walks, etc., not intended to have vegetative No person shall operate a rooming house, or cover should be clearly defined and maintained shall occupy or let to another for occupancy any free of uncultivated growth. rooming unit in any rooming house, except in compliance with the provisions of every section Landscaping shall be maintained so as to present of this code except the provisions of 301 and a healthy, neat and orderly appearance at least 302. equal to the original installation and shall. be (Code of 1970, § 19.3-12; Ord. No. 8-75, § 1, mowed or trimmed in a manner and at a fre- 7-10-75; Ord. No. 14-77, § 1, 7-14-77; Ord. No. quency so as not to detract from the appearance of 28-80, § 1, 10-9-80; Ord. No. 21-86, § 1, 11-13-86; the general area. Any grass and brush growing in Ord. No. 5-90, § 2, 3-8-90; Ord. No. 3-92, § 2, ~ ~ excess of nine (9) inches in height, dead trees, 2-27-92; Ord. No. 27-2001, § 3, 9-13-01) trash and garbage shall be removed from the premises. Landscaping shall be maintained to minimize property damage and public hazards, including the removal of low hanging branches over sidewalks and paved areas and those ob- structing street lighting and traffic control signs. Landscaping shall be kept free of visible signs of insects and disease and appropriately irrigated and fertilized to enable landscaping to be in a healthy condition. All roadways, curbs and sidewalks shall be edged to prevent encroachment from the adjacent turf areas. Buildings, Structures. The exterior of all premises and every structure thereon where exposed to public view, shall be maintained in a condition that shall not show evidence of deterioration. All screened enclosures shall be properly fitted and maintained. All sur- faces shall be maintained free of weathering, discoloration, ripping, tearing or other holes or [The next page is 997] Supp. No. 23 948 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-28 Sec. 17-23. Declaration where fee depends Sec. 17-25. Transfer of license to new loca- on variable factors within tion. applicant's knowledge. Business licenses may be transferred from lo- Wheneverthe amount of the license applied for cation to location with the approval and written depends upon the amount of stock in trade carried authorization of the licensing officer endorsed by the applicant, or the number of sleeping rooms thereon, provided no change of ownership has in a hotel, motel, apartment or rooming house, occurred or is in process and the license classifi- etc., or the amount of capital invested in the cation in which the license was originally issued business, or the number of seats or spaces in a remains unaffected, but such transferred license restaurant, etc., or the number of employees, or .shall not be held good for any longer time or any the number of vehicles, or any other facts not other place than that for which it was originally within the personal knowledge of the licensing issued; provided that the original license shall be officer, no license shall be issued until the appli- surrendered to and filed with the licensing officer cant therefor has made and filed with the licens- at the time application for transfer is made, and ing officer a declaration setting forth the amount such transferred license after being approved of stock in trade, the number of sleeping rooms, shall be of the same force and effect as the the amount of invested capital, the number of original license. At the time any such license is seats or spaces, the number of employees, the transferred, the person applying for such transfer number of vehicles, or other facts upon which the shall pay to the licensing officer a transfer fee amount of such license depends, which, to the equal to ten (10) percent of the annual license tax best of the applicant's knowledge and belief, is but not less than three dollars ($3.00) and not true, correct and complete. more than twenty-five dollars ($25.00). (Ord. No. 7-81, § 1, 7-23-81) (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 15-94, § 2, 7-11-94) Sec. 17-24. Transfer of license to new owner. State law reference-Transfer to new location, F.S. § 205.043(3). Business licenses granted or issued under the provisions of this article may be transferred with Sec. 17-26. License to be posted or carried. the approval and written authorization of the All licenses granted hereunder shall be posted licensing officer endorsed thereon, with the busi- in a conspicuous place on the premises where the ness for which they were taken out when there is licensed business is being conducted, either sta- abona fide sale and transfer of the property used tionary or mobile or in case of solicitors and and employed in the business, but such trans- canvassers, said license must be carried upon ferred license shall not be held good for any longer their person. time or any other place than that for which it was (Ord. No. 7-81, § 1, 7-23-81) originally issued; provided, that the original li- cense shall be surrendered and filed with the Sec. 17-27. Duplicate licenses. licensing officer at the time application for trans- The licensing officer shall make a charge of one fer is made, and such transferred license after dollar ($1.00) for each duplicate license issued to being approved shall be of the same force and replace any license issued under the provisions of effect as the original license. At the time any such this article which has been lost, stolen, defaced or license is transferred, the person applying for destroyed, without any willful conduct on the part such transfer shall pay to the licensing officer a of the licensee, upon the filing by the licensee of a transfer fee equal to ten (10) percent of the statement attesting to such fact. annual license tax but not less than three dollars (Ord. No. 7-81, § 1, 7-23-81) . ($3.00) and not more than twenty-five dollars Sec. 17-28. Doing business not covered by ($25.00). license; license obtained by false (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 15-94, § 1, statements void ab initio. 7-11-94) State law reference-Transfer to new owner, F.S. No license issued under the provisions of this § 205.043(2). article shall protect any person from prosecution Supp. No. 21 1055 § 17-28 NORTH PALM BEACH CODE for transacting any business, trade or profession Sec. 17-31. License tax exemptions. not covered by such license, nor shall it protect any merchant doing business with a greater stock (a) All persons entitled to license tax exemp- in trade than covered by such license, or any hotel bons by law in connection with state and county licenses shall be entitled to exemption under this keeper or rooming house keeper having a greater article. number of rooms than is covered by such license. Any license issued upon any false statement made (b) Any person entitled to an exemption pro- under oath shall be considered as void ab initio vided by this section shall, upon application and and shall not protect the holder thereof from furnishing of the necessary proof, execute an prosecution for transacting business without a affidavit supporting his right to exemption, and license. be issued a license which shall have plainly (Ord. No. 7-81, § 1, 7-23-81) stamped or written across the face thereon the reason for exemption. (Ord. No. 7-81, § 1, 7-23-81) Sec. 17-29. Compliance by principal deemed compliance by agent; noncompli- Sec. 17-32. Engaging in business without li- ance of principal. cease or under license issued on false statements. Where the principal, master or employer has complied with the provisions of this article, it It shall be unlawful for any person to engage in shall be unnecessary for his agent, servant or any business, profession or occupation required to employee to comply herewith, unless otherwise be licensed hereunder without a license or under expressly provided for herein; provided, however, a license issued upon false statements made by that in the event such principal, master or em- such person, or in his behalf. Any person engaged in any such business, profession or occupation ployer shall not have complied with this article, without first obtaining a license, if required herein, each of his agents, servants or employees shall be shall pay a penalty of twenty-five (25) percent of subject to prosecution, and, upon conviction, to the full year license fee for such trade, in addition fine or imprisonment to the same extent as his to the license fee set forth herein. principal, master or employer. (Ord. No. 7-81, § 1, 7-23-81) In any original prosecution under this section, the fact that such person is open for business, shall be prima facie evidence of engaging in such Sec. 17-30. Suspension or revocation of li- trade, business, profession or occupation, and the cease; refund of fee. burden shall. be upon the defendant. to rebut. the. same. Any license hereafter issued by the village may (Ord. No. 7-81, § 1, 7-23-81) be temporarily suspended or absolutely revoked or cancelled by a majority vote of the village Sec. 17-33. License tax schedule. council, when such council shall have ascertained and determined, in the exercise of its sound The amount which shall be paid by the several discretion, that such action will promote the pub- firms, persons or associations engaging in or lic peace, health, safety, welfare, harmony or good managing businesses, professions or occupations order of the neighborhood in which the licensee's for which a license is required is hereby fined as place of business is located; provided, however, follows: that in the case of the revocation and cancellation AGRICULTURAL SERVICES of such license, the village refund to such licensee Veterinary Services: the pro rata unearned or unused portion of his license, provided, further, that no refund shall be Veterinary service form a truck $ 126.00 made where the license is temporarily suspended. Veterinary service to animal spe- (Ord. No. 7-81, § 1, 7-23-81) cialities 126.00 Supp. No. 21 1056 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-33 Animal specialty services, except Natural gas distributors 551.00 veterinary 126.00 Liquified petroleum distributors 551.00 Landscape counseling and plan- . Water supply (franchise)........... 551.00 nmg 126.00 Lawn and garden service........ 105.00 Sanitary sewer services (franchise) . 551.00 Ornamental shrub and tree ser- WHOLESALE TRADE (See RETAIL) vice 105.00 Wholesale trade -durable goods: Building construction-Contractors Inventory value cost -not exceed- as defined by the Contractors Li- ing $1,000.00 37.00 tensing Board of Palm Beach County 126.00 Each additional $1,000.00....... 9.00 TRANSPORTATION RETAIL TRADE Local trucking 63.00 Retail store: Taxi cabs: Inventory value cost -not exceed- Each place or business 89.00 ing $1,000.00 37.00 Each additional $1,000.00....... 9.00 Each vehicle M.00 Filling station, marine/auto/other: Water transportation of passengers. 63.00 1-4 dispensers 89.00 Marinas (also see retail) each space (minimum $52.50); each......... 3.15 Each additional dispenser 26.00 Water transportation services NEC. 63.00 Eating place ($52.00 minimum) each seat 2.60 Arrangement of passenger transpor- Drinking place (alcoholic drinks) tation 157.00 ($52.00 minimum) each seat..... 2.60 Arrangement of freight/cargo trans- Food service - no seats 126.00 portation 157.00 Non-store retail COMMUNICATIONS Catalog and mail order 126.00 Radiotelephone communications 168.00 Automatic merchandise machines Telephone company (franchise) 63.00 operator 267.00 Each machine 31.00 Telephone communication except ra- diotelephone 168.00 Fuel oil dealer.................. 126.00 Telegraph 456.00 LP gas dealer (bottled gas) 126.00 Radio/television broadcasting 393.00 Direct selling - each person/ vehicle 126.00 Cable and other pay television ser- Solicitor/canvasser each: vices 393.00 . Per year 330.00 ELECTRIC, GAS AND SANITARY SERVICES Each canvasser 110.00 Electric services (franchise) , 551.00 Retail store NEC: Natural gas transmission (franchise) 551.00 Florist 126.00 Supp. No. 21 1057 § 17-33 NORTH PALM BEACH CODE - Tobacco store 126.00 Coin operated laundry, dry clean- News dealer/news stand 126.00 ing: Optical goods store 126.00 Operator 1-20 machines... 126.00 Each additional machine 6.30 Miscellaneous Retail Store NEC (Con- signment, Pawn) 126.00 Photographic studio, portrait 126.00 Beauty shop 126.00 FINANCE, INSURANCE, REAL ESTATE Each state licensed operator 36.00 Depository institution 283.00 Barber shop 126.00 Non-depository institution 283.00 Each state licensed operator 36.00 Security and commodity brokers/ Shoe repair shop 126.00 dealers 682.00 Funeral service................. 283.00 Brokers sales agent 36.00 Additional for ambulance ser- vice 178.00 INSURANCE Tax preparation service 126.00 Insurance carriers 126.00 Miscellaneous personal service Insurance agents, broker service 126.00 NEC 126.00 Insurance sales agent 126.00 Business Service: REAL ESTATE Advertising agency 126.00 Consumer credit reporting/collec- Real estate operator ($52.00 mini- tion 126.00 -- mum): Mailing, reproduction, commer- Base (1-5 sleeping rooms) 15.00 cial art and stenographic ser- Each additional room 3.15 vice 126.00 Real estate agents and manager 126.00 Service to dwellings 126.00 Real estate sales agent 36.00 Miscellaneous equipment rentaU leasing 126.00 Title abstract office 126.00 Personnel supply service 126.00 Land subdividers and developers 178.00 Computer programming, data pro- Holding and other investment of- cessing 126.00 fices 283.00 Miscellaneous business service NEC 126.00 SERVICES Business services NEC.......... 126.00 Hotels, rooming houses, etc. ($52.00 Telemarketin 178.00 g minimum): Plus each phone........... 36.00 Base (1-5 sleeping rooms) 15.75 Each additional sleeping room 3.15 AUTO SERVICE/R,EPAIR Personal Services: Auto rental 126.00 Laundry, cleaning, garment ser- Auto repair shop: vice 126.00 2 persons 36.00 Supp. No. 21 1058 LICENSES AND MISCELLANEOUS $USINESS REGULATIONS § 17-33 3-4 persons 57.00 Nursing and personal care facility.. 178.00 5-6 persons 105.00 Hospital.,........,....,.......... 178.00 7-10 persons 168.00 Medical and dental laboratory 178.00 11-20 persons 210.00 Home health care 126.00 More than 21 persons........... 346.00 Miscellaneous health services NEC. 126.00 Car wash 126.00 LEGAL SERVICES MISCELLANEOUS REPAIR SERVICES Attorneys each 126.00 Misc. repair services store 126.00 EDUCATIONAL SERVICES Misc. repair services from a truck 63.00 Elementary and secondary school 126.00 Misc. repair services with retail store 63.00 Vocational school 126.00 MOTION PICTURES Schools and educational services NEC 126.00 Motion picture production/distribu- tor 126.00 SOCIAL SERVICES Motion picture theatre/drive-in..... 262.00 Individual and family services 126.00 Plus per seat/per space.......... 0.47 Job training service 126.00 Child care facility (Fla. Statute) . 147.00 AMUSEMENT AND RECREATION SERVICE Family day care (Fla. Statute) 57.00 Dance studios 126.00 Community residential home (Fla. Theatrical producers 126.00 Statute)................... 147.00 Bowling center (1-5 alleys) 126.00 Social services NEC 126.00 Each additional alley 36.00 Membership organizations......... 126.00 Commercial sports 178.00 ENGINEERING, ACCOUNTING, RESEARCH Physical fitness facilities 126.00 MANAGEMENT AND RELATED SERVICES Coin operated amusement device op- Engineering, architectural and sur- erator 267.00 veying services Plus each machine 31.00 Engineering, architectural and sur- veying -each practitioner . 126.00 Amusement and recreation services NEC 126.00 Residential designer 126.00 Fortune teller -fee charged 1,207.00 ACCOUNTING, AUDITING AND BOOKKEEP- No fee charged - contribu- ING SERVICES tion 2,100.00 Accounting/bookkeeping service 126.00 Phrenologist -fee charged 1,417.00 Certified public accountant each 126.00 No fee charged - contribu- tion . 2,100.00 RESEARCH, DEVELOPMENT AND TESTING SERVICES HEALTH SERVICES Research, development and testing Licensed practitioner each......... 126.00 services 126.00 Supp. No. 21 1059 § 17-33 NORTH PALM BEACH CODE MANAGEMENTAND PUBLIC RELATIONS SER- protect the general welfare, safety and public VICES health and morals of the residents of the village. Management services 126.00 Unless otherwise stated, the amount of such regulatory fee specified shall be on the basis of Management consulting services 126.00 one (1) year. Public relations services 126.00 (Ord. No. 7-81, § 1, 7-23-81) Facility support management ser- Sec. 17-34.1. Registration required. vices 126.00 Any person who engages in any business, occu- Business consulting services NEC 126.00 pation or profession within the village not re- (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 7-90, § 1, quired to obtain a certificate of regulation as 4-12-90; Ord. No. 18-90, § 1, 6-28-90; Ord. No. herein provided such as general contractors and 15-94, § 3, 7-11-94; Ord. No. 37-96, § 1, 9-26-96; subcontractors, -shall be certified with the licens- Ord. No. 27-2000, § 1, 9-28-00) ing officer of the village by executing an informa- tion form provided by the village. The purpose of Sec. 17-33.1. Marking of commercial vehi- such certification is to provide the village with cles. information concerning those who are doing busi- ness within the village and, where appropriate, to (a) It shall be the duty of every person doing assure the village that such persons are licensed business within the village, to have each and countywide by the county. The fee for this certifi- every truck or other vehicle used on a job within cation shall be two dollars ($2.00). Anyone violat- the village painted with or otherwise- display the ing this provision by failing to register the re- name of the person owning same, together with quired information with the licensing officer shall the business address, and the telephone number be deemed guilty of a misdemeanor of the second of the place of business. degree. (b) Each such vehicle shall be lettered either (Ord. No. 7-81, § 1, 7-23-81) on the door or on the body in such a manner as to be legible. Sec. 17-34.2. Application for certificate of (Ord. No. 7-81, § 1, 7-23-81) regulation. Before the village shall be required to issue a certificate of regulation for engaging in or carry- ARTICLE III. BUSINESSES LOCATED ing on any of the businesses, professions or occu- OUTSIDE VILLAGE LIMITS pations specified and set forth herein, it shall be the duty of the applicant to f le an application Sec. 17-34. Certificate of business regula- with the licensing officer, such application to be in tion required; basis of one yeas: the form required by the village and such appli- Pursuant to section 166.221, Florida Statutes, cant shall be required to furnish to the licensing a regulatory fee is hereby imposed by the village in the respective amounts set forth in section 17-33 of the Code, for the regulation of any business, profession and occupation carried on within the municipal boundaries of the village when such business, profession and occupation does not have a place of business within the village. This regulation is instituted and is re- lated to consumer protection afforded the citizens of the village and such classes of business, profes- sion and occupation whose regulation has not been preempted by the state or county and to Supp. No. 21 1060 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-34.3 officer such other information not contained in the application as the village manager may re- quire. (Ord. No. 7-81, § 1, 7-23-81) Sec. 17-34.3. Issuance of certificate of regu- lation; duration; half-year cer- tificate; when due and payable. All certificates of regulation shall expire on the thirtieth day of September of each year. No cer- Supp. No. 14 1060.1 OFFENSES AND MISCELLANEOUS PROVISIONS § 19-210 tense. For any alarm system existing prior to the (8) The name, address and telephone number effective date of the ordinance from which this of the person or entity providing mainte- article derived, an alarm permit application shall nance and repair service to the alarm; be made within sixty (60) days from notification by the village to the alarm user. Alarm system (9) ~ agreement by the alarm user, binding permits shall first issue for the period from Au- upon the alarm user's heirs and succes- gust 1, 1993, to January 1, 1995, and on an sors in interest, to promptly pay or law- annual basis thereafter. fully contest any penalties assessed against (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, the alarm user for an excessive number of 4-22-93; Ord. No. 14-93, § 1, 6-10-93) false alarms as described in this .article. Sec. 19-209. Application for alarm system (b) An amended application shall be filed within ten (10) days after any change in the information permit. provided in the application. Upon such amend- (a) Applications for alarm system permits shall went, a new alarm permit shall be issued without be made to the director of public safety on forms charge or fee. provided by the public safety department. The application shall be signed by the alarm user and (c) Failure to comply with any items in section shall provide the following information: 19-209(a), and (b), shall result in a service fee of twenty-five dollars ($25.00) per incident. This fee (1) Name, address and' telephone number of shall be assessed at time of discovery unless, it is the alarm user; being disclosed at time of permit renewal. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, (2) Address and telephone number of the 4-22-93) alarm user's premises or building to be served by the alarm; Sec. 19-210. Term of permit; fee; nontrans- (3) The name, address and telephone number ferable. of the person or persons in charge of the premises or building served by the alarm; (a) An individual alarm system permit shall be issued to single family residences. (4) If not the alarm user, the name, address and telephone number of the property (b) An individual alarm system permit shall be owner; issued to any occupant of a multi-unit dwelling or (5) The names, address and telephone num- commercial building wishing to install aperson- bers of two (2) persons that shall respond ahzed alarm system within the building already to assist public safety personnel at the Permitted for is controlled by a single person or site of the alarm in case of problems. entity residing or leasing within the building, These persons must be available for twenty- that may already possess an alarm system permit as described in section 19-210(c). four (24) hour per day contact and re- spond within one (1) hour if requested. (c) In multi-unit structures, whether residen- These persons are required to possess the tial or commercial, an individual alarm system authority to access and inspect the pre- permit shall be issued for an alarm system that is mixes in order to evaluate any problems used as a common alarm system throughout the and make an official report if necessary. premises. (6) The name, address and telephone number . of the person or entity installing the alarm; (d) The alarm system permit shall be issued the alarm user by the director of public safety (7) The name, address and telephone number prior to the alarm system being placed into ser- of the person or entity monitoring the vice. The fee for this permit is twenty-five dollars alarm; ($25.00) and shall be renewed each calendar year. Supp. No. 22 1239 § 19-210 NORTH PALM BEACH CODE ~ - i (e) The public safety department shall issue a a violation of this section. No person shall allow, decal specifying the permit number with each permit, cause, or fail to prevent, the emission, for permit issued. The alarm user shall post the any reason, by any alarm used by him, or any initial decal prominently on or near the front alarm serving premises or a building occupied entrance to the premises such that the permit and controlled by such person, of more false number provided on the decal is visible from alarms as cited in section 19-213(1) and (2) within outside the structure. the calendar year. (f) Any alarm system permit issued pursuant (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, to this article shall not be transferable or assign- 4-22-93) able and shall cover only one (1) building or Sec. 19-213. False alarm service charge; col- premises. lection. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93; Ord. No. 36-2000, § 1, 11-14-00) An alarm user shall pay the following fees to the village for responses to excessive false alarms Sec. 19-211. Issuance of alarm system per- by the public safety department within the calen- mit. dar year. An alarm system permit shall be issued to the (1) In a single alarm. user premise, there alarm user by the director or public safety within shall be no charge for a response to the thirty (30) days after receipt of the completed first three (3) alarms within the calendar application by the director of public safety. An Yem'• alarm system permit shall be denied if: (2) In a multi-unit structure where an alarm (1) The requested information is not supplied system permit has been issued fora com- on the application. mon alarm system, the no charge sched- (2) Material information on the application is ule of service fees reference false alarms within the calendar year scale will be as incorrect. follows: (3) Any person or entity listed on the appli- cation under items (a)(6), (7), (8) of section 19-209 does not possess any required oc- 2-20 units -Three (3) no charge cupational or regulatory license to con- false alarms duct the activities required by items (a)(6), 21-40 units -Four (4) no charge (7), (8), unless the person or entity is the false alarms alarm. user. 41-60 units -Six (6) no charge false The department of public safety shall give alarms notice of the permit expiration date and need for 61-80 units -Eight (8) no charge renewal. Application for renewal will require a false alarms Twenty-five ($25.00) dollar permit renewal fee 81-100 units -Ten (10) no charge and updated information required in section 19- false alarms 209, items (a)(1) through (9). 101-120 units -Twelve (12) no charge (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, false alarms 4-22-93; Ord. No. 13-2001, § 1, 5-10-01) 121 or more units -Fifteen (15) no charge false alarms Sec. 19-212. Excessive false alarms declared (3) There shall be a service fee charge of fifty a public nuisance. dollars ($50.00) for response to any false The emission of false alarms within the Galen- alarm in excess of the allotted no charge false alarms within the calendar year as dar year as cited in section 19-213(1) and (2) is excessive and constitutes a serious public nui- listed in section 19-213(1) and (2). sance, and is hereby declared to be unlawful. and f Supp. No. 22 1240 OFFENSES AND MISCELLANEOUS PROVISIONS § 19-218 The director of public safety shall keep a record shall identify himself and state the name and of whenever a false alarm has been responded to telephone number of the alarm business by which by the public safety department, and shall note such response is requested. the fiequency of such false alarms for each alarm (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, user. The public safety department shall notify 4-22-93) each alarm user. The public safety department shall notify each alarm user of the service fee Sec. 19-216. Audible alarms. charges to be paid within thirty (30) days after demand. If the alarm user fails to comply with All alarms which may be heard in any public this notice, the public safety department will place shall be equipped and maintained to auto- notify the village clerk to send notice for the matically cut off no longer than thirty (30) min- alarm user to appear before the code enforcement utes after being set off. board. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93) 4-22-93) Sec. 19-217. Enforcement through code en- Sec. 19-214. Penalty. forcemeat board. Any person who shall violate the provisions of The director of public safety may initiate action this article shall, upon conviction thereof, be before the code enforcement board of the village to punished as provided in section 1-8 of this Code. obtain compliance with this article. Any notices of (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, appearance before the code enforcement board 4-22-93) shall be sent to both the alarm user and property owner, if different, on the authority of the code Sec. 19-215. Interference with public safety enforcement board through the village clerk's department telephone trunk office. The board shall have authority to place a lines prohibited; alarm busi- lien against the property served by the criminal ness central office required; detection or fire alarm systems in the amount of identification required. all service charges assessed by the village pursu- ant to section 19-213 above. If the alarm user and (a) No person shall use or cause to be used a property owner are different, the code enforce- telephone or electronic device or attachment that merit board shall have authority to proceed against automatically selects a public primary telephone the alarm user who receives written notice even trunk line of the public safety department or any though the director of public safety has been other department or bureau of the village, and unable to serve notice upon the property owner. then reproduces any prerecorded message to re- port any burglary, unauthorized entry or other The village may proceed by a suit in a court of emergency. Any such alarm system shall be dis- Proper jurisdiction to collect such service fee charge connected and its use discontinued within sixty after demand therefore has been made by the (60) days of enactment of this article [Ordinance village and the alarm user has failed to pay same 11-93]. within thirty (30) days after such demand. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, (b) No person shall provide alarm service sys- 4-22-93) tem programmed to a central alarm reception office unless it shall have the central office staffed Sec. 19-218. Exemptions. at all times, twenty-four (24) hours a day, includ- ing holidays. This article shall not apply to any alarms attached to motor vehicles or attached to any (c) Any staff member of a private alarm service publicly owned property. system reporting an alarm activation to which the (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, public safety department response is requested 4-22-93) Supp. No. 21 1241 § 19-219 NORTH PALM BEACH CODE / Sec. 19-219. Alarm user standards. f All alarm systems installed within the village shall meet or exceed the standards of, and be listed, by, Underwriters Laboratory, Inc., and the Standards of the National Fire Protection Associ- ation. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93) ARTICLE XI. WELLFIELD PROTECTION Sec. 19-220. County wellfield protection or- dinance adopted by reference. The village adopts, by reference, the county wellfield protection ordinance (Ordinance No. 88- 71). (Ord. No. 22-90, § 1, 6-28-90) Sec. 19-221. Regulation of business activi- ties with potential to contami- nate land and water resources. A business must notify the county department of environmental resources management of its intent to use, store and/or dispose of those haz- ardous or toxic substances cited in the county wellfield protection ordinance. This requirement shall be implemented and monitored through the annual renewal of village occupational licenses. At the time of annual renewal, the applicant shall present proof to the village in the form of a returned receipt of such notification to the county department of environmental resources manage- ment. (Ord. No. 22-90, § 1, 6-28-90) Cross reference-Licenses and miscellaneous business regulations, Ch. 17. [The next page is 1289] Supp. No. 21 1242 STREETS, SIDEWALKS AND PUBLIC PLACES § 24.43 of the village-to construct a sidewalk at the same ~ (80) feet or less, there will be a minimum of time that the street is constructed so that all im- thirty-four (34) feet of paved street provided. proved properties in the village shall have side- (Code 1970, § 35-24) walks wherever the properties front upon a paved and usable public street. Sec. 24-43. Specifications. (Code 1970, § 35-23; Ord. No. 7-71, 1) (a) Generally. Sidewalks and driveways shall Sec. 24.42. Same-Exceptions to require- be constructed in accordance with the following specifications: mens of section 24-41. Upon application in writing to the building (1) Sidewalks and driveways shall be con- board of appeals of the village, the requirements structed of Portland cement concrete, using set forth in section 24-41 may be excepted upon durable materials in such proportions that the finding of the building board of appeals that a hard dense product with a minimum the following rules are complied with: twenty-eight-day strength of two thousand five hundred (2,500) pounds per square inch (1) That in any case where the cost of making shall result. such sidewalk improvements shall be shown (2) Excavation shall be made to the required to work an undue hardship upon the owner, depth-and the subgrade or base, upon which the village council, upon recommendation the sidewalk or driveway is to be set shall by the board of appeals, may enter into an be compacted to a firm, even surface true to agreement on behalf of the village-with the grade and cross section, by means of rolling owner whereby the village will furnish the and tamping, adding water if required to materials and labor for construction of such secure optimum compaction. sidewalk, such agreement to contain suit- able provisions for the reimbursement of (3) Grading shall be carried to a width of two the cost of such labor and materials by the ~ (2) feet beyond the edge of the proposed owner to the village over a term of years, work. secured in such manner as shall be pro- vided for in such agreement. (4) Joints shall be of the open type. The joint shall be formed by staking a metal bulk- (2) That no building within the entire subdivi- head in place and placing the concrete on sion shall have a sidewalk in front of it. both sides of it. After the concrete has set sufficiently to preserve the widtH and shape (3) That the subdivision without sidewalks of the joint, the bulkhead shall be removed. would not be contiguous to an existing plat After the walk has been finished over the containing buildings with sidewalks. In joint, the slot shall be opened and edged other words, that the platted subdivision with a tool having aone-half-inch radius. without sidewalks would be wholly self- . contained and its entrances to remaining (5) The concrete shall be given a wood float lands in the village would be the sole con- finish,. if appropriate, or asteel-troweled nection between it and other subdivisions finish, slightly brushed to remove slipperi- in the village. ~ ness. The surface variations shall not be more than one-quarter of an .inch under a (4) That in any subdivision where sidewalks ten-foot straight -edge nor-more than one- - are excepted on road rights-of--way of sixty eighth of an inch on the transverse section. (60) feet or less, there will be a minimum of The edge of the sidewalk shall be carefully twenty-eight (28) feet of paved street pro- finished with an edging tool, having a ra- vided. dius of one-half inch. (5) That in any subdivision where sidewalks (6) -The concrete shall be cured by ponding or are excepted on road rights-of--way of eighty other recognized means. 1521 § 24-43 NORTH PALM BEACH CODE (b) Sidewalks. Sidewalks shall be at least five (b) The village is also authorized to require a (5) feet in width and a minimum of four (4) inches deposit of fifty cents ($0.50) per square foot for the in thickness, subject to the approval of the village returns, ramp and sidewalk to be altered to in- engineer. sure proper construction, such deposit being re- (c) Driveways. In addition to the specifications turned on final approval of the construction by the village engineer. set forth in paragraph (a) of-this section, drive- (Code 1970, § 35-31) ' ways shall conform to the following specifications: (1) Minimum of six (6) inches in thickness, in- Sec. 24-46. Dangerous or abandoned drive- cludng the sidewalk section, with edges ways. thickened to a minimum of eight (S) inches. (2} Minimum of eight (8} feet wide at the side- • Should the vehicular or other use of any walk and. shall flare uniformly to a width of driveway, in the opinion of the village engineer, fourteen (14) feet at the edge of the paving, be or become dangerous to pedestrians, or should unless extenuating circumstances as deter- the use of such driveway be discontinued or such mined by the building official suggest a driveway abandoned, then the village engineer variance of this flare width, and in such shall give notice in writing to the owner of record instances the flare requirements shall be of the abutting property to restore within thirty determined by the building official. (30) days such curb and sidewalk to the original or proper condition. (3) The profile shall follow the roadside Swale (Code 1970, § 35-34) so as not to interfere with drainage. (Code 1970, § 35-29) Sec. 24-47. Performance of work. by village Sec. 24-44. Driveways to be constructed - upon failure to comply with ar- under supervision of village engi- title. neer. In case any driveway, curb or sidewalk shall Every driveway shall be constructed under the not be paved, repaved, repaired or restored ac- supervision of and subject to the direction of the cording to the provisions of the permit, or this village engineer, and according to plans and spec- article, the village engineer may order the same ifications of the village. Upon failure- to comply to be done under his direction and for the owner's with all the terms of the permit, the permit may account and the expense thereof, until paid, shall be revoked and the sidewalk and curb restored to be alien upon the abutting. property and be filed its original line and grade and paid for out of the as therefor provided. deposit required by section 24-45. (Code 1970, § 35-32) (Code 1970, § 35-30) Secs. 24.48-24-54. Reserved. Sec. 24-45. Inspection fees; deposits pending approval. (a) In consideration of the granting of a permit, DIVISION 2. PERMITS the village is hereby authorized to charge a fee of ' ten dollars ($10.00): to cover expenses in connec- Sec. 24-55. Separate permits required for tion with the inspection of the construction of a driveway and sidewalk construe- sidewalk, or driveway, including in the case of tion. driveways across an existing walk, its ultimate restoration to original line and grade. No work A separate permit shall be required for side- shall be commenced until after grade elevations walk or driveway construction or reconstruction. have been furnished by the village engineer. (Code 1970, § 35-281 ~ 1522 STREETS, SIDEWALKS AND PUBLIC PLACES § 24-58 Sec. 24.56. Driveway construction-Re- ' quired. No person shall construct initially, nor lower any curb, or change the grade of any sidewalk, for the purpose of providing a driveway across any sidewalk, or construct any driveway across vil- lage property or street right-of--way, except upon complying with the provisions of this article, and upon a permit granted by the village. (Code 1970, § 35-25) Sec. 24-57. Same-Prohibited in certain in- stances. The village shall not grant a permit to lower any curb or change the grade of any sidewalk for the purpose of providing a driveway across such curb or sidewalk or to construct any driveway across village property when, in its opinion, the actual or intended use of such driveway would endanger pedestrians. In no case shall a permit be granted to use the space within the radius of a curb or street return, or of any sidewalk intersec- tion, as a driveway. (Code 1970, § 35-26) Sec. 24.58. Same-Application; information required. (a) Application for a permit required by section 24-56, shall be made in writing to the building official by the owner of the abutting premises. (b) Such application shall set forth the points at which such driveway shall begin and end, as measured from the property line of the first street intersecting such curb or sidewalk and shall be accompanied by a plan, if so required by the vil- lage engineer. (Code 1970, § 35-27) [The next page is 1573] 1523 t TAXATION § 26-30 ARTICLE I. IN GENERAL (b) In the case of multiple-peril policies with a single premium for both the property and casu- Secs. 26-1-26-15. Reserved. alty coverages in such policies, seventy (70) per- cent of such premiums shall be used as the basis for the two-percent excise tax referred to herein. ARTICLE II. INSURANCE EXCISE TAXES (c) The excise or license tax shall be payable Sec. 26-16. Casualty insurance premiums. annually on the first day of March of each year. (Code 1970, § 38-20) (a) In accordance with F.S. section 185.08, the village does hereby assess and impose on every Secs. 26-18-26-28. Reserved. insurance company, corporation or other insurer now engaged in or carrying on, or who shall hereafter engage in or carry on the business of ARTICLE III. UTILITY TAX* casualty insurance as shown by the records of the state treasurer in his capacity as state insurance Sec. 26-29. Levied; rate. commissioner, an excise or license tax in addition A tax in the amount of ten (10) percent is to any lawful license or excise tax now levied by hereby imposed and levied on each and every the village amounting to one (1) percent of the purchase of electricity, metered natural gas, liq- gross amount of receipts of premiums from poli- uefied petroleum gas either metered or bottled, cyholders on all premiums collected on casualty manufactured gas either metered or bottled within insurance policies covering property within the the corporate limits of the village. A tax of 2 cents corporate limits of the village. ($0.02) per gallon is hereby imposed and levied on (b) In the case of multiple-peril policies with a each and every purchase of fuel oil within the single premium for both property and casualty corporate limits of the village. coverages in such policies, thirty (30) percent of (Code 1970, § 38-21; Ord. No. 199-69, 1, 6; Ord. such premium shall be used as the basis for the No. 222-71, § 1, 1-14-71; Ord. No. 22-79, § 1, one-percent tax above. 9-27-79; Ord. No. 9-81, § 1, 9-24-81; Ord. No. 16-92, § 1, 9-24-92; Ord. No. 23-93, § 1, 9-23-93; (c) The excise or license tax shall be payable Ord. No. 41-97, § 1, 9-25-97; Ord. No. 24-98, § 1, annually March 1 of each year .after the passing of 10-8-98; Ord. No. 24-2000, § 1, 9-28-00) an ordinance assessing and imposing the tax Editor's note-Section 3 of Ord. No. 24-98 states that this herein authorized. ordinance shall take effect on April, 1, 1999. (Code 1970, § 38-19) Sec. 26-30. Collection. Sec. 26-17. Property insurance premiums. (a) The tax imposed and levied in section 26-29 (a) In accordance with F.S. section 175.101, shall be collected from the purchaser of such the village does hereby assess and impose on utilities services and paid by such purchaser for every insurance company, corporation or other the use of the village to the sellers of such insurer now engaged in or carrying on, or who electricity, fuel oil, metered gas and bottled gas shall hereafter engage in or carry on, the business (natural liquefied petroleum gas or manufactured of property insurance, as shown by the records of gas) at the time of the purchaser paying the the state treasurer in his capacity as state insur- charge therefor to the seller. ante commissioner, an excise or license tax in addition to any lawful license or excise tax now (b) The sellers of electricity, fuel oil, metered levied by the village amounting to two (2) percent gas and bottled gas (natural liquefied petroleum of the gross amount of receipts of premiums from gas or manufactured gas) within the corporate policyholders on all premiums collected on prop- limits of the village shall act as the tax collection erty insurance policies covering property within *State law reference-Public service tax authorized, F.S. the corporate limits of the village. § 166.231. Supp. No. 21 1629 § 26-30 NORTH PALM BEACH CODE mediums or agencies for the village, and they aircraft engine fuel or propellant or for use in shall collect from the purchasers of such utilities internal-combustion engines shall be exempt from services for the use of the village the tax imposed taxation hereunder. and levied by this article and shall report and pay (d) The tax imposed by this article shall not over to the village all such taxes imposed, levied apply to purchases by any recognized church in and collected in accordance with the accounting the state for use exclusively for church purposes. methods and other provisions of this article. (Code 1970, § 38-23; Ord. No. 41-97, § 2, 9-25-97) (c) The sellers of such electricity, fuel oil, me- Secs. 26-32-26-50. Reserved. tered gas and bottled gas (natural liquefied petro- leum gas or manufactured gas) shall account for, ARTICLE IV. TELECOMMUNICATIONS report and pay over all moneys received by them on or before the fifteenth day of each and every SERVICE TAX* month under the provisions of this article, and Sec. 26-51. Levy; rate. shall submit sucri moneys, reports and accounting There is hereby levied and imposed by the to the village treasurer on or before the first day village a public service tax upon purchases within of the month following the fifteenth day of each the municipality of telecommunications services, month. The accounting and reports which shall as defined in F. S. § 203.012, which originate and accompany such payment shall be upon such terminate in this state, at a rate of seven (7) forms as can be mutually agreed upon by the percent of the total amount charged for any village treasurer and the sellers of such electric- telecommunications service provided within the ity, fuel oil, metered gas and bottled gas (natural village or, if the location of the telecommunica- liquefied petroleum gas or manufactured gas), bons service provided cannot be determined, the and if no such agreement can be reached, they total amount billed for such telecommunications shall be upon such forms as are determined by the service to a telephone or telephone number, a village treasurer. telecommunications number or device, or a (Code 1970, § 38-22; Ord. No. 199-69, § 5; Ord. No. customer's billing address located within the vil- 222-71, § 1, 1-14-71) lage, excluding public telephone charges collected on site, charges for any foreign exchange service Sec. 26-31. Exemptions. or any private line service except when such services are used or sold as a substitute for any (a) The municipal government of the village, telephone company switched service or dedicated its commissions and agencies, the United States facility by which a telephone company provides a government, State of Florida, Florida municipal- communication path, access charges, and any ides and public bodies exempted bylaw or court customer access line charges paid to a local tele- order shall be exempted from the payment of the phone company. However, those telecommunica- tax imposed and levied by this article. bons services described in F. S. § 203.012(5)(b), (b) The tax imposed by this article shall not be shall be taxed only on the monthly recurring customer service charges excluding variable us- applied against any fuel adjustment charge, and age charges. such charge shall be separately stated on each (Ord. No. 18-94 § 1, 9-22-94. Ord. No. 43-96 § 1, bill. "Fuel adjustment charge" shall mean all 12-26-96; Ord. No. 42-97, § ~1, 9-25-97; Ord No. increases in the cost of utility services to the 25-2000, § 1, 9-28-00) ' ultimate consumer resulting from an increase in the cost of fuel to the utility subsequent to Octo- *Editor's note-Ord. No. 18-94, adopted Sept. 22, 1994, ber 1, 1973. did not specifically amend the Code and at the discretion of the editor said provisions have been included herein as Art. IV, (c) The purchase of natural gas or fuel oil by a 26-51-26-54. Subsequently, Ord. No. 43-96, adopted Dec. 26, 1996, replaced provisoes of Ord. No. 18-94 and have been public or private utility, either for resale or for use included herein as Art. IV, 26-51-26-54. Provisions of Ord. as fuel iri the generation of electricity, Or the No. 43-96 did not specifically amend the Code and have been purchase of fuel oil or kerosene for use as an included at the discretion of the editor. Supp. No. 21 1630 TAXATION § 26-54 Sec. 26-52. Collection. (b) Purchases of local telephone service or other telecommunication service for use in the conduct (a) When a seller of telecommunications ser- of telecommunication service for hire or otherwise vices renders a bill to the purchaser to cover for resale shall be exempted from the payment of the tax imposed and levied by this part. purchases made during the period of time to (Ord. No. 18-94, § 3, 9-22-94; Ord. No. 43-96, § 3, which the bill is applicable, the amount of public 12-26-96; Ord. No. 42-97, § 2, 9-25-97) service tax shall be stated separately from gov- ernmental charges and taxes, and shall not be Sec. 26-54. Compensation. levied thereon. For the purpose of compensating the seller of telecommunication service, the seller shall be (b) The purchaser shall pay such public service allowed one (1) percent of the amount of the tax tax to the seller at the time of payment of each collected and due to the village in the form of a such bill. The seller, as collection agent for the deduction from the amount collected for remit- village, shall collect .such public service tax from tance. The deduction is allowed as compensation the purchaser at the time of payment of each such for keeping of records and for the collection of, and bill. Provided and to the extent that such bills are the remitting of, the tax. subsequently paid, the seller shall remit the pub- (Ord. No. 18-94, § 4, 9-22-94; Ord. No. 43-96, § 4, lic service tax to the village in accordance with the 12-26-96) provisions hereinafter stated. If any purchaser refuses to pay such tax specifically, the seller shall promptly inform the village of the name and address of such purchaser, and the amount of tax withheld by such purchaser. (c) Every seller is hereby required to execute and file with the village finance director no later than the twentieth (20th) day of each month a statement setting forth the amount of such public service tax to which the village became entitled under the provisions hereof on account of bills paid by purchasers during the preceding fiscal month, and contemporaneously with the filing of such statements, shall pay the amount of such public service tax to the village. (Ord. No. 18-94, § 12 9-22-94; Ord. No. 43-96, § 2, 12-26-96) Sec. 26-53. Exemptions. (a) Purchases of telecommunication services by the government of the village, its council and agencies and any recognized church in this state if used exclusively for church purposes and any religious institution that possesses a consumer certificate of exemption issued under F.S. ch. 212 shall be exempted from the payment of the tax imposed and levied by this part. Supp. No. 21 1631 The next page is 1681] APPENDIX C-ZONING § 45-21 munication antenna and/or antenna tower installation. If an antenna or towers which are attached to, or re- antenna tower cannot be located on place existing structures provided any existing structure without un- the overall height of the antenna reasonably compromising the an- and/or tower does not extend more tenna tower's signal reception or than twenty (20) feet above the ex- transmission capability or unreason- isting structure. ably compromise the communication b. In approving a tower or antenna system's capability, the village coun- location, the planning commission cil will next consider, in the follow- shall consider the attachment to or ing order of preference, alternative replacement of existing structures properties and zoning districts. which will result in the least visu- 1. C-2, general commercial dis- ally offensive installation to be the trict most preferred location for such in- stallations. Such structures may in- clude but are not limited to highrise residential or commercial buildings, sports lighting poles, existing an- tenna towers and/or public utility structures. (2) New free standing towers/antenna loca- tions and new tower/antenna locations which do not conform to section 45-1 of this article may only be allowed by special exception granted by the village council subject to the following criteria: a. The village council shall consider when evaluating whether to approve an antenna/tower location whether there is suitable and reasonably avail- ablepublic or private property which would physically accommodate the tower or antenna without unreason- ablycompromising the antenna's sig- nal reception or transmitting capa- bility or unreasonably compromise the communication system capabil- ity, and without negatively impact- ing the aesthetics of the tower. b. New free standing tower/antenna lo- cations and new tower/antenna loca- tions will be considered only after the applicant for an antenna or an- tenna tower has to the fullest extent practicable, demonstrated to the vil- lage council that all existing struc- tures either will not accommodate an antenna installation or are not available for an antenna or antenna Supp. No. 23 2486.2.3 i APPENDIX C-ZONING § 45-26 2. COS, conservation and open that the antenna tower and accessory space district equipment buildings will be screened from 3. P, public district view by architectural features, landscap- 4. C-1, neighborhood commercial ing, existing natural vegetation, or will be district or C-3 regional busi- aesthetically designed to blend into and ness district harmonize with the area or location sur- 5. CA, CB, or C1A, restricted or rounding the antenna or antenna tower limited commercial district site in accordance with the village of North Palm Beach Appearance Plan. 6. R3, apartment dwelling district Alternative properties and zoning dis- tricts may only be considered after it (5) Antenna or antenna towers shall not be has been demonstrated that an an- artificially lighted except as required for tenna tower cannot be located on Public safety purposes, or by the Federal any higher preferred property or zon- Aviation Administration (FAA). Signage ing district. shall not be allowed except as required for public safety purposes, or by the Federal The village council shall act to ap- Communications Commission (FCC). prove the tower/antenna location by special exception. Upon the granting of a special exception for location, (6) To the extent not in conflict with the the application will be remanded to provisions described above, any proposed the village planning commission for antenna or tower or accessory equipment approval in accordance with article building will be subject to all applicable III of chapter 6 of the village code of village codes and regulations. ordinances. (Ord. No. 12-97, § 1, 2-27-97) Editor's note-Section 45-21, relative to oceanfront land c. In no case may atower/antenna in- in the R-1 district, has been repealed by Ord. No. 4-82, § 1, stallation height exceed more than enacted Jan. 28, 1982. The former section did not bear a twenty (20) feet above the maximum history note. Subsequently, Ord. No. 12-97, § 1, adopted Feb. height allowed by this code. 27, 1997 added new provisions pertaining to telecommunica- tions antenna and antenna towers as herein set out. (3) Any applicant requesting antenna tower location approval is required to accommo- date antenna facilities of other providers (co-location), on a nondiscriminating ba- Sec. 45-22. Oceanfront land-Ocean setback. sis, to avoid duplication of the erection of such towers or provide verifiable objective There shall be a building setback line of not data, why it cannot do so. Moreover, it will less than fifty (50) feet from the dune line, or one be presumed that if a proposed site is hundred (100) feet from the highwater line, which- within one-half mile of an existing an- tenna tower that can reasonably accom- ever distance is greater, for all property bordering modate the applicant's antenna, a denial on the Atlantic Ocean. The measurement of the of the application would not result in an setback from the dune line and the highwater line unreasonable compromise to the applicant's shall be to the closest edge of any building to be communication system capability or an constructed on the Atlantic oceanfront. unreasonable compromise to the antenna (Ord. No. 23-72, § 1) tower's reception or transmission capabil- ity. (4) The applicant must to the fullest extent practicable, demonstrate to the village Secs. 45-23--45-26. Reserved. Supp. No. 16 2486.3 § 45-27 NORTH PALM BEACH CODE ~ - ARTICLE III. DISTRICT REGULATIONS 2. Rear yard. There shall be a rear yard of not less than twenty (20) feet measured Sec. 45-27. R-1 single-family dwelling dis- from the rear building line to the rear lot trict. line. 3. Side yards. There shall be a side yard on A. Uses permitted. Within any R-1 single- each side of the side building line of not .family dwelling district no building, structure, less than ten. (10) feet. In the case of land or water shall be used except for one (1) or corner lots, no building and no addition to more of the following uses: any building shall be erected or placed 1. Single-family dwellings with accessory nearer than twenty (20) feet to the side buildings customarily incident thereto. street line of any such lot. 2. Public schools. (a) For a distance of one block on streets 3. Parks and recreation facilities owned or intersecting U.S. #1, measured from leased by or operated under the supervi- the right-of--way line of said U.S. #1, sion of the Village of North Palm Beach. side yards of at least twenty-five (25) feet in depth shall be provided. 4. Detached fence storage areas. E. Off-street parking regulations. At least one 5. Satellite dish antenna. parking space of at least two hundred (200) square 6. Community residential homes. Commu- feet shall be provided, consisting of a durable nity residential homes of six (6) or fewer surfaced area, enclosed in the dwelling, in an residents which otherwise meet the deft- accessory building or in an unenclosed area, ex- nition of a community residential home, clusive of the driveway connecting the parking provided that such homes shall not be space with the street. located within a radius of one thousand (Ord. No. 17-71; Ord. No. 9-85, § 2, 6-27-85; Ord. (1,000) feet of another existing such home No. 17-90, § 2, 6-28-90; Ord. No. 29-95, § 2, with six (6) or fewer residents. 9-28-95) 7. Family day care home. Sec. 45-28. R-2 multiple-family dwelling dis- 8. Lamp post. trict. 9. Decorative post structure. A. Uses permitted. Within any R-2 multiple- family dwelling district, no building structure, B. Building height regulations. No main build- land or water shall be used, except for one (1) or ing shall exceed two (2) stories in height and no more of the following uses:- accessory building more than one (1) story. 1. Any use permitted in the R-1 single- C. Building site area regulations. The mini- family dwelling district. mum lot or building site area for each. single- family dwelling shall be seven thousand five hundred (7,500) square feet and have a width of not less than seventy-five (75) feet, measured at the building line. D. Yard space regulations. 1. Front yard. There shall be a front yard of not less than twenty-five (25) feet mea- sured from the street line to the front building line. *Cross reference-Home occupations, § 17-2. i Supp. No. 16 2486.4 CODE COMPARATIVE TABLE Adoption Section Ord. No. Date Section this Code 14-2003 5- 8-03 1 Added 18-20 Supp. No. 25, Add 2889 [The next page is 2933] CODE INDEX Section Section POLLUTION (Cont'd.) PUBLIC SERVICES DEPARTMENT Wellfield protection Director's duties 2-84 Regulation of business activities with Divisions potential to contaminate land and Municipal garage 2-85(4) water resources 19-221 Parks................................ 2-85(2) Permits and inspections 2-85(1) PRECEDING, FOLLOWING Refuse disposal......... _ 2-85(5) Definitions and rules of construction 1-2 Signal service 2-85(3) PROFANITY Street maintenance 2-85(6) Vulgar language prohibited in public places 19-65 R PROPERTY Abandoned, inoperative and junked prop- RABIES CONTROL 14-37 et se Provisions enumerated 4-42 et seq. erty q• See: ANIMALS AND FOWL See: GARBAGE AND TRASH Appearance plan (Appendix A). See that RADIOS subject Noise control 19-104 Boats, docks and waterways; unlawfully Police division, provisions re radio mainte- anchored or moored vessels nance 2-76(b)(6) Unclaimed vessel to be sold; certifica- tion of sale 5-21 REASONABLE TIME Definitions and rules of construction 1-2 Definitions and rules of construction 1-2 Dogs on property of others 4-28(b) RECORDS. See: DOCUMENTS AND PUB- Insurance excise taxes; property insurance LIC RECORDS premiums 26-17 Noise from property 19-102 RECREATION. See: PARK, PLAYGROUNDS Subdivision regulations 36-1 et seq. AND RECREATION See: SUBDIVISIONS (Appendix B) REFUSE. See: GARBAGE AND TRASH Weeds and brush 14-79 et seq. See: WEEDS AND BRUSH RESTROOMS Parks and recreation facilities; failure to PUBLIC PLACES. See: STREETS, SIDE- cooperate in keeping restrooms neat WALKS AND PUBLIC PLACES or sanit 20-2 ary PUBLIC RECORDS. See: DOCUMENTSAND RETIREMENT. See: PENSIONS AND RE- PUBLIC RECORDS TIREMENT PUBLIC SAFETY DEPARTMENT S Boats, docks and waterways; unlawfully anchored or moored vessels SAND DUNES Department of public safety to impound 5-18 Flood damage prevention provisions...... 12.5-45 Director's duties Designate instructor 2-75(2) SANITATION. See: HEALTH AND SANITA- Make assignments 2-75(1) TION Divisions SCHOOLS Fire Coin-operated amusements; proximity to Fire fighting 2-76(c)(3) schools restricted 19-4 Fire prevention 2-76(c)(4) Maintain equipment 2-76(c)(2) SEAWALLS Report losses 2-76(c)(1) Bulkheads and seawalls, construction re- Generally 2-76(a) quirements re 5-69 et seq. Police See: BOATS, DOCKS AND WATER- Crime prevention 2-76(b)(3), (4) WAYS Investigation 2-76(b)(3) SEXUALLY-ORIENTED ENTERTAINMENT Patrol 2-76(b)(2) Adult entertainment establishments Radio 2-76(b)(6) Zoning regulations re.See: ZONING(Ap- Records 2-76(b)(1) pendix C) Traffic 2-76(b)(5) Emergency medical services 11.5-21 et seq. SHALL, MAY See: EMERGENCIES Definitions and rules of construction 1-2 Supp. No. 23 2951 NORTH PALM BEACH CODE Section Section SHRUBBERY. See: TREES AND SHRUB- STORMWATER MANAGEMENT (Confd.) BERY Stormwater retention systems 21-69 SIDEWALKS. See: STREETS, SIDEWALKS Streets AND PUBLIC PLACES Minimum street grades 21-62 Roadside swales 21-65 SIGNAL DEVICES Subdivisions, required improvements re 36-31 Noise control 19-103 Water quality........................... 21-70 Zoning; surface water management SIGNATURE, SUBSCRIPTION C-3 Regional Business District 45-34.1(8) Definitions and rules of construction 1-2 STREETS, SIDEWALKS AND PUBLIC SIGNS AND BILLBOARDS PLACES Code enforcement board, applicability re.. 2-173 Code enforcement board, applicability re.. 2-173 Country club; provisions re signs......... 9-2 Definitions and rules of construction 1-2 Outdoor displays. See herein: Signs and Dogs on streets and sidewalks 4-28(a) Outdoor Displays Excavations Parking in violation of signs 18-36 Definition............................ 24-16 Parks, regulations re traffic signs 20-5(3) Si sand outdoor dis la s Equipment to be guarded 24-18 ~ p y Liability of village 24-20 Construction standards 6-117 Permits Design standards 6-117 Fees 24-29 Exempt signs 6-112 Required.......................... 24-28 Location standards 6-117 Protective measures.................. 24-19 Measurement determinations 6-116 Refilling, tamping by excavator........ 24-17 Permitted permanent accessory signs 6-115 Resurfacing by village 24-17 Permitted temporary signs............ 6-114 Handbills• distribution restricted......... 19-7 Prohibited signs 6-113 Hitchhiking prohibited.................. 19-6 Provisions generally 6-111 Landscaping............................ 27-31 et seq. Purpose and scope of regulations 6-110 See: LANDSCAPING Zoning Missiles throwin 19-83 C-3 Regional Business District 45-34.1(7) g ~ ~ Motor vehicles and traffic 18-16 et seq. SOCIAL SECURITY See: MOTOR VEHICLES AND TRAF- Agreement authorized 2-138 FIC Appropriations by village 2-140 Obstructing passageway................. 19-47 Declaration of policy 2-136 Profanity; vulgar language prohibited 19-65 Exclusions from coverage 2-137 Public services department Records and reports . 2-141 Division of permits and inspections 2-85(1) Social security act adopted 2-143 Streets maintenance division.......... 2-85(6) Withholding and reporting agent......... 2-142 Sidewalks and driveways Withholding from wages.................. 2-139 Dangerous or abandoned driveways.... 24-46 Inspection fees; deposits pending ap- SPITTING proval 24-45 Spitting in public places prohibited....... 19-5 performance of work by village upon STATE failure of compliance 24-47 Definitions and rules of construction 1-2 Permits Driveway construction STENCH BOMBS Application; information required. 24-55 Excepted uses 19-82(c) Prohibited in certain instances... 24-57 Possession prohibited 19-82(b) Required........................ 24-56 Throwing or depositing 19-82(a) Separate permits required for drive- STORMWATER MANAGEMENT ways and sidewalk construction 24-55 Adoption 21-61 Sidewalks Applicability 21-61 Constructed required in certain cases 24-41 Design 21-61 Exceptions to requirements......... 24-42 Finished floor of structures, level of 21-63 Specifications Objectives of system design 21-68 Driveways......................... 24-43(c) Open channels and outfall ditches........ 21-66 Generally 24-43(a) Post development runoff rates, volumes Sidewalks 24-43(b) and pollutant loads 21-67 Village engineer, driveways to be con- Storm drainage facilities generally 21-64 strutted under supervision of..... 24-44 Supp. No. 23 2952 i