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Pages Replaced by Supplement #31 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 Statements°- 3 Art. II. Territorial Boundaries 3 Art. III. Legislative 10.1 Art. N 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. Audit Committee 139 Div. 3. Department of Finance 140 Div. 4. Department of Records 140.1 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 Security 142.1 Supp. No. 29 ~ NORTH PALM BEACH CODE Chapter Page Div. 3. Pension and Certain Other Benefits for Gen- eral Employees 143 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 269 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. IV Marine Sanctuaries 333 Art. V. Waterways Board 334 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. N 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 I'~ 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 Supp. No. 29 xii TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. IV Polling Place 620 11. Electricity 671 Art. I. In General 673 Art. II. Electrical Code 673 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. IV. 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. N Reserved 1063 Art. V. Ambulances 1063 Art. VI. Garage and Other Sales 1063 Supp. No. 29 Xlll. NORTH PALM BEACH CODE 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 1242 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 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. 29 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. Telecommunications Service 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. N 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 2486.2.4 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. 29 xV NORTH PALM BEACH CODE Page Code Comparative Table-Ordinances 2875 Charter Index 2933 Code Index 2935 ~~I II i Supp. No. 29 xvl 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 81, 82 25 iii 1 83 25 v, vi OC 133 28 vii, viii OC 135, 136 24 ix OC 136.1, 1362 24 x.i, x.ii 1 137, 138 30 x.iii 1 138.1, 138.2 30 xi, xii 29 138.3 30 xiii, xiv 29 139, 140 29 xv, xvi 29 140.1, 140.2 28 1 25 141, 142 22 3, 4 25 142.1, 142.2 29 5, 6 25 143, 144 27 7, 8 25 145, 146 29 9, 10 29 147, 148 30 10.1, 10.2 29 148.1 30 11, 12 25 149, 150 29 13, 14 25 150.1 29 15, 16 25 151, 152 26 17, 18 25 153, 154 26 19 25 155, 156 26 65 29 156.1, 156.2 26 77 OC 156.3 26 79, 80 OC 157, 158 25 Supp. No. 30 [1] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. ].59, 160 25 615 OC 161, 162 25 617, 618 OC 163, 164 25 619, 620 29 165, 166 25 671 2 167, 168 25 673 24 169 25 695 13 211 OC 697 13 213, 214 19 723 24 263 OC 725 24 265, 266 OC 726.1 13 267, 268 27 727, 728 5 269 27 729 5 319 29 777 OC 321, 322 17 779, 780 OC 323, 324 16 781, 782 OC 325, 326 24 783, 784 OC 327, 328 27 785, 786 OC 329, 330 27 787, 788 OC 331, 332 27 789 OC 332.1 27 839 OC 333, 334 29 889 OC 335 29 891, 892 25 381 23 892.1 15 383, 384 27 893, 894 OC 385 24 895, 896 OC 398.3, 398.4 7 945 OC 398.5, 398.6 23 947, 948 27 398.7, 398.8 23 997 OC 398.9, 398.10 23 999, 1000 22 398.11, 398.12 25 1051 OC II 398.13, 398.14 25 1053, 1054 25 I 398.14.1, 398.14.2 25 1054.1, 1054.2 25 398.15, 398.16 8 1055, 1056 27 399, 400 OC 1057, 1058 27 401, 402 OC 1059, 1060 27 Iii 403 OC 1061, 1062 8 453 OC 1063, 1064 8 455, 456 22 1121 OC 507 22 1171 OC 509, 510 22 1173, 1174 28 511 22 1175,1176 30 559 17 1177 30 561, 562 24 1225 OC 563, 564 24 1227, 1228 24 i Supp. No. 30 [2] i CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1228.1 24 1685, 1686 OC 1229, 1230 21 1687, 1688 17 1231, 1232 21 1689, 1690 17 1233,1234 21 1739 14 1235, 1236 30 1741, 1742 21 1236.1 30 1781 21 1237, 1238 16 1783, 1784 21 1239, 1240 29 1785, 1786 21 1241, 1242 29 1787, 1788 21 1289 3 1789,1790 21 1291, 1292 OC 1791, 1792 21 1293, 1294 29 1793, 1794 21 1295 29 1795,1796 21 1343 4 2043 OC 1345, 1346 22 2045, 2046 25 1346.1 22 2046.1 25 1347, 1348 29 2047, 2048 OC 1349, 1350 29 2049, 2050 OC 1350.1 29 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 29 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 27 2377, 2378 22 1523 27 2379 22 1573 24 2479 9 1575, 1576 29 2481, 2482 23 1627 9 2483,2484 23 1629, 1630 27 2485, 2486 23 1631 27 2486.1, 2486.2 23 1681 OC 2486.2.1, 2486.2.2 23 1683, 1684 24 2486.2.3, 2486.2.4 27 1684.1, 1684.2 24 2486.3 27 Supp. No. 30 [3] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 2487, 2488 OC 2511, 2512 30 2488.1, 2488.2 18 2512.1, 2512.2 23 2489, 2490 18 2512.3, 2512.4 30 2491, 2492 18 2512.5, 2512.6 23 2493, 2494 18 2512.7 23 2495, 2496 18 2513, 2514 OC 2497, 2498 21 2515, 2516 22 2499, 2500 21 2517, 2518 22 2501,2502 25 2619 21 2503, 2504 28 2819, 2820 29 2504.1, 25042 29 2869, 2870 OC 2504.3 28 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 30 2510.13, 2510.14 25, Add. 2933, 2934. 25 2510.15, 2510.16 25, Add. 2935, 2936 28 2510.17, 2510.18 25, Add. 2937, 2938 29 2510.19, 2510.20 25, Add. 2939, 2940 28 2510.21, 2510.22 25, Add. 2941, 2942 29 2510.23, 2510.24 25, Add. 2942.1 29 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 30 2510.33, 2510.34 25, Add. 2950.1 24 2510.35, 2510.36 25, Add. 2951, 2952 27 2510.37, 2510.38 25, Add. 2953, 2954 25 2510.39, 2510.40 25, Add. 2955, 2956 29 2510.41, 2510.42 25, Add. 2965, 2966 28 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. Supp. No. 30 [4] / a ADMINISTRATION § 2-84 DIVISION 5. DEPARTMENT OF PUBLIC (5) Traffic. Plan and conduct the control of SAFETY* traffic, the traffic educational program, the school patrols, the coordination of Sec. 2-75. Director's duties. traffic accident prosecution. The director of public safety shall direct the (6) Radio. To operate and maintain radio police and fire work of the village, be responsible equipment. for the enforcement and maintenance of law and order and shall: (c) Fire. The fire division shall be charged with (1) Make assignments. Assign officers to their the prevention of fires and the protection of life duties. and property against fire and. shall: (2) Desig~zate instructor. Designate a compe- (1) Report losses. Report all fire losses to the tent officer of the department to act as village manager. instructor. Such officer shall conduct such schools as the director shall order. (2) Maintain equipment. Be responsible for (Code 1970, § 2-39) the maintenance and care of all property and equipment used by the department. Sec. 2-76. Divisions. (3) Fire fighting. Be responsible for the extin- (a) Generally. The department of public safety guishment of fires, the saving of life and shall be divided into the following divisions: Po- property from fire, and the performance of lice and fire. various miscellaneous public services of (b) Police. The police division shall have the an emergency nature. following duties: (4) Fire prevention. Be responsible for the (1) Records. Provide and maintain: inspection of potential fire hazards, the a. The central complaint desk and dis- abatement of existing fire hazards and patching police records; the conducting of an educational fire pre- vention program. b. Criminal and noncriminal identifica- (Code 1970, § 2-39) tion; c. The identification of property; Secs. 2-77-2-83. Reserved. d. The custody of property; and e. The operation of detention centers. DIVISION 6. DEPARTMENT OF PUBLIC (2) Patrol. Provide and maintain motor and SERVICESt foot patrol units, and make routine inves- tigations. Sec. 2-84. Director's duties. (3) Investigation. Conduct the investigation of crimes and prepare evidence for the The director of public services shall be respon- prosecution of criminal cases. Bible for all matters relating to construction, man- (4) Crime prevention. Make plans and proce- agement, maintenance and operation of the phys- dures for the prevention and control of ical properties of the village. juvenile delinquency, handle cases in which (Code 1970, § 2-40) women are involved, remove crime haz- Cross reference-Director of public services to erect signs at public park and recreation facility entrances, § 20- ards and coordinate community agencies i(6). interested in crime prevention. (Cross references-Garbage, trash and refuse, § 14-16 et *Cross references-Fire prevention and protection, Ch. seq.; parks, playgrounds and recreation, Ch. 20; streets, 12; provisions on fire division, § 12-29 et seq.; police, Ch. 23. sidewalks and public places, Ch. 24. Supp. No. 22 141 i § 2-85 NORTH PALM BEACH CODE Sec. 2-85. Divisions. DIVISION 7. DEPARTMENT OF LIBRARY'•` The department of public services shall be Sec. 2-93. Librarian. divided under the director of public services into The department of library shall be supervised the following divisions and bureaus and supervi- by the village librarian, who shall operate and sors thereof: maintain the free public library. (Code 1970, § 2-41) (1) Division ofpermits and inspections, which shall issue all permits for, and inspect the Secs. 2-94-2-101. Reserved. work involved in, the construction of side- walks, curb cuts, street cuts; inspect all DIVISION 8. DEPARTMENT OF COUNTRY work dc*ne under the provisions of the CLUBi' electrical, plumbing and building codes of the village; and inspect all premises, in- Secs. 2-102, 2-103. Reserved. eluding structures and appurtenances thereon, for safety features. Editor's note-Former 2-102 and 2-103 were deleted as being superseded by the provisions of Ord. No. 39-90, adopted Nov. 19, 1990, which enacted provisions relative to (2) Division of parks, which shall operate and the country club administrative board, codified as Ch. 9, Art. maintain all village parks except that the il. recreational areas and facilities shall be under the supervision of the director of Secs. 2-104-2-109. Reserved. recreation. DIVISION 9. DEPARTMENT OF (3) Division of facility maintenance, which RECREATIONS shall repair and maintain all village owned buildings, irrigation systems, street lights, Sec. 2-110. Director's duties. parks, electrical, mechanical and plumb- The director of recreation shall plan, promote, ing systems and custodial services (except organize and supervise a comprehensive munici- the North Palm Beach Country Club). pal recreation program, and administer the same in the interest of the entire community, and shall: (4) Division of municipal garage, which shall (1) Supervise recreation areas. Supervise the operate the municipal public works com- plex, and shall maintain and provide for recreational use of playgrounds, play fields, village uses all automotive equipment recreation centers, ball diamonds and such owned by the village. other recreation areas and facilities as may be made available to carry out the village's recreation program. (5) Refuse disposal division, which shall col- lect garbage and rubbish. (2) Conduct community activity. Conduct and supervise any form of recreational, cul- (6) Street maintenance division, which shall tural or social activity that will employ the leisure time of the citizens in a ~vhole- maintain and provide for adequate drain- some and constructive manner. age on all streets, sidewalks and bridges. (Code 1970, § 2-42) (Code 1970, § 2-40; Ord. No. 24-2001, 1, 2, S-9-O1) Cross reference-Library, Ch. 16. 1'Charter reference-Club administration, Art. IV § 6. - - Gross reference-Couiitry club administrative board, § 9-16 et seq. $Cross reference-Parks, playgrounds and recreation, Secs. 2-86-2-92. Reserved. Ch. 20. Supp. No. 22 142 ADMINISTRATION § 2-136 Secs. 2-111-2-114. Reserved. Sec. 2-117. Bond. The village manager shall furnish a surety ARTICLE IV. MANAGER bond to be approved by the council, such bond to be conditioned on the faithful performance of his Sec. 2-115. Residency. duties. The premium of the bond shall be paid by the village. At the time of his appointment the village (Code 1970, § 2-28) manager need not be a resident of the village or state, but shall attain residence within the village Sec. 2-118. Budget. limits within one hundred twenty (120) days of The village manager shall furnish the village his appointment and retain village residence dur- ing his period of appointment. each fiscal year with a balanced budget. (Code 1970, § 2-26; Ord. No. 36-2004, § 1, 12-9-04) (Ord. No. 23-97, § 2, 5-8-97; Ord. No. 15-98, § 1, 7-9-98) Sec. 2-116. Removal. Secs. 2-119-2-121. Reserved. The village council may remove the village manager at any time by a majority vote of the Secs. 2-122, 2-123. Reserved. members. In the event the village manager is Editor's note-Ord. No. 15-80, § 3, adopted July 24, 1980, removed from office by the village council without re Baled 2-122 and 2-123 relative to the a p ppointment and good cause during a time that the village manager duties of the assistant village manager, respectively. Such is willing and able to perform his duties, then, in sections formerly derived from Ord. No. 5-79, § 2, adopted that .event, the village shall pay the village man- Mar. s, 1979. ager the following: Secs. 2-124-2-128. Reserved. (1) Accumulated sick leave and accumulated vacation pay; and (2) Continuation of manager's salary and re- ARTICLE V. PENSIONS AND lated insurance benefits under this agree- RETIREMENT SYSTEMS went for a period of: a. Three (3) months if the termination DIVISION 1. GENERALLY occurs during the first six (6) months of this contract; Secs. 2-129-2-135. Reserved. b. Six (6) months if the termination occurs thereafter; and DIVISION 2. SOCIAL SECUR,ITY~' (3) The village shall maintain at its expense Sec. 2-136. Declaration of policy. the insurances that cover the manager and his dependents for the months that It is hereby declared to be the policy and the village is obligated to continue salary Purpose of the village to extend, effective as of and benefit payments to the manager. October 1, 1956, to the employees and officials thereof, not excluded by law, nor excepted herein, The payments specified above shall relieve the the benefits of the system of old-age and survivors village of all obligations to the manager. insurance as authorized by the Federal Social (Code 1970, § 2-26; Ord. No. 11-89, § 1, 5-25-89; Security Act and amendments thereto, and by Ord. No. 23-97, § 1, 5-8-97; Ord. No. 36-2004, § 2, F.S. Chapter 650, as amended; and to cover by 12-9-04) such plan all services which constitute employ- Charter reference-Provisions relative to village man- 'State law reference-Social security for public employ- ager, Article IV, 1-5. ees, F.S. Ch. 650. Supp. No. 29 142.1 § 2-136 NORTH PALM BEACH CODE ment as defined in F.S. section 650.02, performed village as employer by applicable state or federal in the employ of the village by employees and laws or regulations, which shall be paid over to officials thereof. the lawfully designated state agency at the times (Code 1970, § 26-11; Ord. No. 22-2001, § 1, 8-9-01) and in the manner provided by law and regula- tion. Sec. 2-137. Exclusions from coverage. (Code 1970, § 26-15) There is hereby excluded from this article any Sec. 2-141. Records and reports. authority to include in any agreement entered into under section 2-138 of this article any ser- The village shall keep such records and make vice, position, employee, or official covered as of such reports as may be required by applicable February 11, 1957, by or eligible to be covered by state or federal laws or regulations, and shall a then. existing retirement system. adhere to the regulations of the state agency. (Code 1970, § 26-12) (Code 1970, § 26-16) Sec. 2-138. Agreement authorized. Sec. 2-142. Withholding and reporting agent. The mayor is hereby authorized and directed to (a) The village treasurer is hereby designated execute all necessary agreements and amend- the custodian of all sums withheld from the ments thereto with the division of retirement of compensation of officers and employees and of the the department of administration, as state agency, appropriated funds for the contribution of the for the purpose of extending the benefits provided village pursuant to this division. by the federal system of old-age and survivors (b) The village clerk is hereby made the with- insurance to the employees and officials of the holding and reporting agent and charged with the village as provided in section 2-136, which agree- duty of maintaining personnel records for the ment shall provide for such methods of adminis- purpose of this division. tration of the plan by the village as are found by (Code 1970, § 26-17) the state agency to be necessary and proper, and shall be effective with respect to services in em- Sec. 2-143. Social Security Act adopted. ployment covered by such agreement performed on and after the first day of October, 1956. The village does hereby adopt the terms, con- (Code 1970, § 26-13) ditions, requirements, reservations, benefits, priv- ileges and other conditions thereunto appertain- Sec. 2-139. Withholding from wages. ing, oftitle II ofthe Social SecurityAct as amended, for and on behalf of all officers and employees of Withholdings from salaries, wages, or other its departments and agencies to be covered under compensation of employees and officials for the the agreement. purpose provided in section 2-136 are hereby (Code 1970, § 26-18) authorized to be made, and shall be made, in the Editor's note-Title II of the Social Security Act is found amounts and at such times as may be required by in the United States Code (and United States Code Anno- applicable state or federal laws or regulations, tated), Title 42, 401-425. and shall be paid over to the state agency desig- nated by law or regulations to receive such Secs. 2-144, 2-145. Reserved. amounts. (Code 1970, § 26-14) Sec. 2-140. Appropriations by village. There shall be appropriated from available funds, derived from the general fund, such amounts, at such times, as may be required to pay promptly the contributions and assessments required of the Supp. No. 29 142.2 I 0 ADMINISTRATION § 2-146 DIVISION 3. PENSION AND CERTAIN member, or if no such person so designated is OTHER BENEFITS FOR GENERAL living at that time, the beneficiary shall be the EMPLOYEES* estate of the member. Board means the board of retirement, which Sec. 2-146. Definitions. shall administer and manage the system herein provided and serve as trustees of the fund. As used herein, unless otherwise- defined or required by the context, the following words and Credited service means the total niirpher of phrases shall have the meaning indicated: years and fractional parts of years of actual service with the village and shall apply to an Accrued benefct is the benefit earned to date employee whose employment is terminated with using the normal retirement benefit. the village and who recommences full-time em- ployment within two (2) years from the date of Actuarial equivalence or actuarially equivalent termination. means that any benefit payable under the terms Earnings means gross salary, (including over- of this plan in a form other than the normal form time) but excluding bonuses or any other of benefit shall have the same actuarial present nonre lar a value on the date payment commences as the ~ A yments such as unused sick leave normal form of benefit. For purposes of establish- and vacation time pay. ing the actuarial present value of any form of Effective date means the date on which this payment, other than a lump sum distribution, all division becomes effective [January 13, 1983]. future payments shall be discounted for interest Plan year is .from October 1 to September 30. and mortality by using eight (8) percent interest Employee shall mean any actively employed and the 1983 group annuity mortality table for full-time general employees of the village, except males with ages set ahead five (5) years in the firemen and policemen. case of disability retirees. In the case of a lump sum distribution, the actuarial present value shall Final average earnings means the arithmetic be determined on the basis of the same mortality average of the twelve (12) months earnings for the rates as just described and the pension benefit highest sixty (60) months of the one hundred guaranty corporation's interest rates for terminat- twenty (120) consecutive months of service imme- ingsingle employer plans which rates are in effect diately preceding the retirement or termination of on the October 1 immediately preceding the a member. member's date of termination. Fund means the trust fund established herein as part of the system. Agreement means the written ordinance from which this division derived, setting forth the Member means an actively employed full-time provisions of the retirement system. employee who fulfills the prescribed participation requirements, after twelve (12) months employ- Beneficiary means the persons or persons enti- ment and will become a participant on the Octo- tled to receive- benefits hereunder and who has or ber 1 of the next following year. have been designated as such in writing by the Spouse means the lawful wife or husband of a member and filed with the board. If no such member at the time of preretirement death or designation is in effect at the time of death of the retirement. *Editor's note-Section 13 of Ord. No. 1-83, adopted Jan. System means the Village of North Palm Beach 13, 1983, repealed Ord. No. 10-82, adopted June 10, 1982, general retirement fund as contained herein and from which ordinance 2-146-2-156 formerly derived. At all amendments thereto. the discretion of the editor, 1-11 of Ord. No. 1-53 have been codified as herein set out in 2-146-2-156. All funds and (Ord. No. 1-83, § 1, 1-13-83; Ord. No. 13-83, § 1, assets from the former system, as set out by Ord. No. 10-82, 9-8-83; Ord. No. 36-90, § 1, 10-25-90; Ord. No. are transferred to this system, as set out by Ord. No. 1-83, and 9-94, § 1, 6-9-94; Ord. No. 12-96, § 1, 3-28-96) all rights and benefits of members in that system will be Cross reference-Definitions and rules of construction credited to and maintained by this fund. generally, § 1-2. Supp. No. 27 143 § 2-147 NORTH PALM BEACH CODE Sec. 2-147. Membership. thereafter, and each. member shall become one (a) Conditions of eligibility. All employees as of hundred (100) percent vested in his or her ac- the effective date and all future new employees, trued benefit on his normal retirement date. The except members of the fire department and police normal retirement date described above shall department, shall. become members of this system apply only to members who are hired as general as a condition of employment. employees from and after the effective date of this ordinance. (b) Application for membership. Each current The normal retirement date for a member who and future eligible employee shall complete an was a general employee of the village prior to the application form covering items set forth below, effective date of this ordinance shall be the first and provide other information, as may be pre- day of the month coincident with, or next follow- scribed by the board. ing, attainment of his or her sixty-fifth birthday. (1) Acceptance of the terms and conditions of Employees who are vested and eligible to retire the retirement system. shall have the right to file a written election to be (2) Designation of a beneficiary or beneficia- considered retired on the day before death if such ries. employee should die prior to retirement. If an (3) A certified statement as to prior medical employee who is vested and eligible to retire dies history. prior to retirement without making the foregoing election, the election can be made by the employee's (4) A written release allowing distribution of beneficiary previously designated in the village all medical records to the board. records. For the purposes of all benefits hereunder, an (b) Retirement benefit. Amember retiring here- application for membership shall be considered to under on or after his normal retirement date shall have been in effect from date of employment, even receive a monthly benefit which shall commence though officially accepted and approved by the on his retirement date and be continued thereaf- board at a later date. Failure. to complete an ter during his lifetime, ceasing upon death. The application within ninety (90) days of employ- member's annual pension benefit shall equal two ment and written notice of this agreement shall (2) percent of final average earnings multiplied by constitute a deliberate choice to be excluded from the member's credited service for the first twenty the system. (20) years of credited service and one (1) percent ~ (c) Change in designation of bezzefaciary. Amem- for each year of credited service thereafter. l ber may,. from time to time, change his designated (c) Late retirement. A participant. who retires. beneficiary without approval by the board of after his normal retirement date shall be paid the trustees or previous beneficiary by written notice monthly benefit otherwise payable to the partici- to the board upon forms provided by the board. pant at his normal retirement date increased by Upon such change, the rights of all previously using the benefit formula for normal retirement designated beneficiaries to receive any benefits together with consideration of his additional years under the system shall cease. or fractional parts of years of credited service and (Ord. No. 1-83, § 2, 1-13-83) final average earnings. Sec. 2-148. Benefit amounts and eligibility. (d) Early retirement. Amember may retire after age fifty-five (55) and shall receive vested (a) Retirement date. A member's normal retire- accrued benefit. If a member does retire early, his ment date shall be the first day of the month or her pension shall be actuarially reduced for coincident with, or next following, attainment of early retirement. his or her sixty-fifth birthday and the completion of nine (9) full years of service with the village. A (e) Preretiremezzt death. member may retire on his or her normal retire- (1) If a participant who is no longer an em- ment date or on the first day of any month ployee of the village dies prior to the i Supp. No. 27 144 i ADMINISTRATION § 2-158.1 action is based on an actuarial review by an enrolled actuary who is a member of the Society of Actuaries. (f) All portions of Division 3, Pension and Certain Other Benefits for General Employees, of Article V of Chapter 2 of the Code of Ordinances that are not in conflict with this Section 2-158 shall have full applicability to this optional ben- efit plan. (Ord. No. 12-96, § 2, 3-28-96; Ord. No. 28-96, § 1, 7-25-96; Ord. No. 35-2003, 2, 3, 12-11-03; Ord. No. 16-2004, § 2, 7-22-04) Sec. 2-158.1. Optional benefit plan no. 2. Cost of living adjustment. The amount of pen- sion benefit will be increased or decreased in accordance with the changes in the consumer price index published by the U.S. Bureau of Labor Statistics. Adjustments of pension payments will be made on October 1 of each year reflecting the change in the consumer price index over the 12-month period ending April 1 of that year. The maximum increase or decrease in the member's pension benefit for any one (1) year is three (3) percent. However, the member's pension benefit can never be reduced below the amount the mem- ber received at date of retirement. Such adjust- ments shall apply to each retirement, survivor or disability benefit in pay status as of each October 1. This provision is mandatory for all employees hired after the effective date of this section and Supp. No. 29 150.1 r ADMINISTRATION § 2-159 such employees shall contribute two (2) percent of of benefit shall have the same actuarial present their salary for this benefit. The cost of living value on the date payment commences as the adjustment and contribution of salary as specified normal form of benefit. For purposes of establish- in this section shall be optional with all employ- ing the actuarial present value of any form of ees who were hired prior to the effective date of payment, other than a lump sum distribution, all - this ordinance. future payments shall be discounted for interest and mortality by using seven (7) percent interest The cost of living adjustment (COLA) set forth and the 1983 Group Annuity Mortality Table for herein shall apply to all forms of benefits set forth Males, with ages set ahead five (5) years in the in sections 2-148, 2-149 and 2-158 of the Code of case of disability retirees. In the case of a lump Ordinances of the Village. sum distribution, the actuarial present value shall (Ord. No. 13-2000, § 1, 5-11-00) be determined on the basis of the same mortality rates as just described and the Pension Benefit DIVISION 4. PENSION AND CERTAIN Guaranty Corporation's interest rates for termi- OTHER BENEFITS FOR FIRE AND POLICE nating single employer plans, which rates are in EMPLOYEES* effect: Sec. 2-159. Definitions. _ (1) Ninety (90) days prior to the member's date of termination if distribution is made As used herein, unless otherwise defined or within six (6) months of such date, or required by the context, the following words and (2) Ninety (90) days prior to the distribution phrases shall have the meaning indicated: date if distribution is made more than six Accrued benefit means the portion of a member's (6) months after date of termination. normal retirement benefit which is considered to Average monthly earnings means one-sixtieth have accrued as of any date. A member's accrued of earnings of a member during the five (5) years benefit as of any date shall be equal to two and of his employment within the last ten (10) years of one-half (2~/a) percent of his average monthly employment, which is greater than the total dur- earnings multiplied by his credited service, with a ing any other five (5) years during the ten-year maximum benefit equal to sixty (60) percent of period; provided that if a member shall have been average monthly earnings. For purposes of this employed for fewer than -five (5) years, such calculation, average monthly earnings and cred- average shall be taken over the period of his ited service as of the date of determination shall actual employment. be used. The accrued benefit is considered to be payable in the plan's normal form commencing on Beneficiary means the person or persons enti- the member's normal retirement date, with such tled to receive benefits hereunder at the death of date determined as through the member remains a member who has or have been designated in in full-time employment with the employer. writing by the member and filed with the board. If no such designation is in effect at the time of Accumulated contributions means a member's death of the member, or if no person so designated own contributions plus interest credited thereto, is living at that time, the beneficiary shall be the if any, by the board. estate of the member. Actuarial equivalence or actuarially equivalent Board means the board of trustees which shall means that any benefit payable under the terms administer and manage the plan herein provided of this plan in a form other than the normal form and serve as trustee of the fund. *Editor's note-Ordinance No. 9-82, enacted June 10, Credited service means the total number of 1982, did not expressly amend the Code; hence, codification of years and fractional parts of years of service 1-11 as herein set out in 2-159-2-169 was at the discretion of the editor. expressed as years and completed months, during Cross references-Fire division, § 12-29 et seq.; police, which a person serves as an employee as defined Ch. 23. below, omitting intervening years and fractional Supp. No. 26 151 i § 2-159- NORTH PALM BEACH CODE ~ - parts of years, when such person may not be gevity, safety and attendance awards and any employed by the employer; provided, however, other nonregular payments such as unused sick such person may have, without interrupting his leave or vacation time pay. other years of credited service, up to one (1) year's ffective date means March 1, 1967, the date leave of absence. on which this plan initially became effective. The effective date of this restated plan is the date as of Notwithstanding the foregoing, no employee will which the village council adopts the plan. receive credit for years or fractional parts of years of service for which he has withdrawn his contri- Employee means each actively employed full- butions to the pension fund for those years or time firefighter and police officer of the village. fractional parts of years of service unless he Employer means the Village of North Palm repays into the pension fund the contributions he Beach, Florida. has withdrawn, with interest, within ninety (90) days after his reemployment, as provided in sec- Firefcghter means any person employed in the tion 2-160 below. fire department who is certified as a firefighter as a condition of employment in accordance with the Further, an employee may voluntarily leave his provisions of F.S. section 633.35, and whose duty contributions in the pension fund for a period of it is to extinguish fires, to protect life, and to five (5) years after leaving the employ of the protect property. employer, pending the possibility of his being Fund means the trust fund established herein rehired, without losing credit for the time he has as part of the plan. participated actively as an employee. Should he not be reemployed within five (5) years, his con- Member means an employee who fulfills the tributions shall be returned to him without inter- prescribed participation requirements. est. Normal retirement date means for each mem- ber the first day of the month coincident with or It is provided further that credited service shall next following the date on which he attains his include any service, voluntary or involuntary, in fifty-fifth (55th) birthday. A member may retire on the armed forces of the United States, provided this normal retirement date or on the first day of the employee is legally entitled to reemployment any month thereafter. under the provisions of the Universal Training and Service Act or any similar law; and provided Plan or system means the Village of North further that the employee shall apply for reem- Palm Beach Fire and Police Retirement Fund as ployment within the time and under the condi- contained herein and all amendments thereto. tions prescribed by law. For any person who Plan year means each year commencing on becomes a member of the system on or after October 1, and ending on September 30. October 1,.1978, such military service shall not be credited if he is receiving or will receive in the Police officer means any person employed in future a retirement benefit from the federal gov- the police department who is certified as a law ernment based in whole or in part on such mili- enforcement officer as a condition of employment tary service. in accordance with the provisions of F.S. section 943.14, and who is vested with authority to bear Early retirement date means for each member arms and make arrests, and whose primary re- the first day of the month coincident with or next sponsibility is the prevention and detection of following the date on which he attains his fiftieth crime or the enforcement of the penal, criminal, (50th) birthday. traffic or highway laws of the state. Any public safety officer who is responsible for performing Earnings means a member's gross salary, in- both police and fire services and who is certified eluding overtime, public safety pay increment and as a police officer or firefighter shall be considered special pay, but excluding bonuses, such as lon- a police officer. I Supp. No. 26 152 I I BOATS, DOCKS AND WATERWAYS § 5-18 boats must be equipped with a marine navigation, and move or cause it to be moved to sanitation device acceptable under the another location and he shall have the right to current regulations of the U.S. Environ- hold such boat for the payment of costs incurred mental Protection Agency, the U.S. boast in its removal or storage. Guard and the state department of envi- (Code 1970, § 11-54; Ord. No. 212-70, § 14) ronmental regulation. (2) Marinas where persons may live aboard Sec. 5-17. Limitation on anchoring and moor- overnight shall be equipped with potable ing in prohibited area; mooring water and sanitary sewage facilities, in- permit required. cluding showers, rest rooms and bath- It is declared to be unlawful for any person to houses located within the marina area anchor or moor in a stationary position or cause available for use by all persons who live any vessel to be in any portion of the prohibited aboard boats overnight. In addition, all area for a period of time of more than ninety-six such marinas shall provide adequate elec- (g6) hours in any consecutive thirty-day period. trical and potable water service, dockside, The occupants of such vessel upon notice by the to each boat. Sewage service may be pro- department of public safety or other authorized vided to each boat where persons are person of the village shall obtain a mooring per- permitted to live aboard overnight, but in mit from the department of public safety within no event may holding tanks or sewage eighteen (18) hours after notification and register facilities aboard any boat be flushed within the occupants and vessel on forms provided by the the marina area so as to cause any pollu- department of public safety. A mooring permit fee tion, damage or debris to any waters. shall. be required as established by the village (3) A dockmaster or person shall be in charge council. of each marina and shall maintain a log The prohibitions provided herein shall not ap- which shall include a current list of per- ply to the following vessels: _ sons registered to live aboard boats in that marina, the register number of all (1) Vessels moored or anchored for the pur- boats docked in the marina, and a descrip- pose of making emergency repairs. Lion of the marine sanitation devices in- (2) Vessels owned and operated by the fed- stalled in each boat, available at all time eral or state government. for use and inspection by the village pub- licservices department. This requirement (3) Vessels in the Intracoastal Waterway. is to aid in the protection of life and (4) Vessels permitted to engage in construc- property at marinas and to deter unau- tion or dredging activity. thorized persons from being in the marina (5) Vessels seeking shelter or safe harbor areas. during hurricanes or periods of hurricane (4) The administrative, enforcement and ap- watch or warning, as issued by the Na- peal procedures of the village housing tional Weather Service. code shall apply to this section. (Ord. No. 12-98, § 2, 4-23-98) (Ord. No. 14-76, § 2, 7-8-76) Cross reference-Housing code adopted by reference, § SeC. 5-18. Unlawfully anchored or moored 15-1. vessels-Department of public safety to impound. Sec. 5-16. Authority of city to board boats violating chapter. The department of public safety of the village is authorized and directed to take into custody and Any member of the department of public safety impound any vessel unlawfully anchored or moored shall have authority to board any boat in violation in the prohibited area and any such vessel taken of this chapter, or which becomes a menace to into custody and impounded under the authority Supp. No. 16 323 i 4 § 5-18 NORTH PALM BEACH CODE ( t of the department of public safety shall not be Sec. 5-21. Same-Unclaimed vessel to be released therefrom until the charges for towing sold; certification of sale. such vessel and storage charges have been paid. The charge for towing or removal of any such (a) If the owner fails to claim the vessel within vessel and storage charges shall be the customary twenty-one (21) days after the department of charges prevailing in the village for such services. public safety has sent its notice to the division of (Ord, No. 12-98, § 3, 4-23-98) marine resources, such vessel shall be sold to the highest bidder at public auction by the depart- ment of public safety at some place within the Sec. 5-19. Same-Owner to be notified upon village; but, prior to the sale, a notice shall be impoundment.. published once a week for two (2) consecutive weeks in a local newspaper published in the Whenever any vessel is taken into custody and county and circulated in the village. Publication impounded by the authority of the department of shall be at least ten (10) days prior to the date of public safety as authorized herein, and the name sale. Such notice shall give the time and place of and address of the owner of such vessel can be sale and describe the vessel to be sold. A copy of ascertained by the department of public safety, it such notice shall be mailed to the owner if his shall within forty-eight (48) hours give in writing name and address be known at least ten (10) days or cause to be given notice in writing to such before the date of such sale. The village shall not owner of the fact of such removal and the reason guarantee title to such vessel or to deliver a title therefor and the place to which such vessel has of ownership; but shall furnish the purchaser a been removed. certificate in substantially the following form: (Ord. No. 12-98, § 4, 4-23-98) Certificate Number: Sec. 5-20. Same-Procedure in event owner CERTIFICATE OF SALE t cannot be found. VILLAGE OF NORTH PALM BEACH, Whenever the department of public safety au- DEPARTMENT OF PUBLIC SAFETY, FLORIDA thorizes the removal of such vessel from the THIS IS TO CERTIFY that the following de- prohibited area as authorized herein and the scribed vessel was impounded and placed in department of public safety does not know and is the custody of the Department of Public Safety, not reasonably able to ascertain the name and where it was held for twenty-five (25) days, address of the owner of such vessel or for any after which time the Department of Public other reason is unable to give the notice to the. Safety made every reasonable effort to find the owner, and in the event the vessel is not returned owner of the same or if found, such owner to the owner within a period of three (3) days after failed to repossess same, this vessel was sold to same has been taken into custody and im- the highest bidder at public auction after legal pounded, the department of public safety shall advertisement. immediately send or cause to be sent a written notice of such impoundment by mail to the divi- This Certificate of Sale is therefor issued Sion of marine resources of the department of to: residing at natural resources, and shall file a copy of such notice with the person who has been authorized to have custody of the impounded vessel for the Description of vessel: ~ purpose of storage. Such notice shall include a complete description of the vessel, the date, time Dated at Village of North Palm Beach, and place from which it was removed, the reason Florida, this day of ~ for such removal, and the name of the storage ° 199 facility or place where the vessel is stored. (Ord. No. 12-98, § 5, 4-23-98) Name and Title of Officer Sapp. No. is 324 0 BOATS, DOCKS AND WATERWAYS § 5-36 (b) This form shall be in duplicate. The origi- Secs. 5-26-5-32. Reserved. nal shall be given to the purchaser and the duplicate bound in a book of record for the pur- poses intended. ARTICLE II. BOAT LAUNCHING AREA (Ord. No. 12-98, § 6, 4-23-98) Sec. 5-33. Designated; use restricted. Sec. 5-22. Same-Claiming of vessel by owner; payment of costs. The boat launching area which is leased by the village from North Palm Beach Utilities, Inc., by The owner of such impounded vessel may take instrument dated May 10, 1960, and more partic- possession of such vessel at anytime prior to the ularly described in Resolution No. 81 of the vil- time of sale provided herein, but such owner shall lage council, shall hereafter be known as the reimburse the village for all reasonable expenses village boat launching area, and shall at all times for removal, storage, advertising and other ex- be used solely and exclusively for recreational penses incurred as a result of the impoundment of purposes by village taxpayers or residents. such vessel." (Code 1970, § 11-11) (Ord. No. 12-98, § 7, 4-23-98) Sec. 5-23. Same-Reclamation of owner af- Sec. 5-34. Repairs prohibited. ter sale. No repair work upon boats, boat trailers or The proceeds from the sale of any impounded other boating equipment shall be permitted at the vessel shall not be expended or disbursed for village boat launching area with the exception of ninety (90) days after the date of such sale. At any minor repairs or adjustments essentially neces- time during such period, the owner, upon provid- sary to make such boat, trailer or equipment ing proof of such ownership of such vessel, evi- operable or transportable to a professional facility dented by documentary written evidence, may devoted to such repair service. recover back the proceeds of the sale, less all of (Code 1970, § 11-12) the expenses incurred in regard to removal, stor- age, advertising and a commission of five (5) Sec. 5-35. Permits required. percent on the gross sales price of such vessel for the cost of making such sale. If the owner fails to No boats or boat trailers shall be allowed to provide proof of ownership and recover back the remain more than twenty-four (24) hours at the proceeds of the sale in the time frame set forth village boat launching area unless a written per- herein, the proceeds of sale shall be forfeited to mit therefor has been secured from the village the village. manager. Such permits shall be issued upon such (Ord. No. 12-98, § 8, 4-23-98) reasonable regulations and upon such cost as shall be determined, from time to time, by the Sec. 5-24. Use of vessel for dwelling pur- village council. poses in prohibited area. (Code 1970, § 11-13) It shall be unlawful of any person to occupy for dwelling purposes any vessel in the prohibited Sec. 5-36. Abandoned boats anal equipment- area except during the period covered by the Disposition. mooring permit referred to in section 5-17. (Ord. No. 12-98, § 9, 4-23-98) (a) It shall be presumed that the owner of each boat, each boat trailer, and each piece of boat Sec. 5-25. Fueling of marine craft. equipment found on the ~~illage boat launching area as to which there is not then outstanding a Fueling of floating marine craft at other than a currently effective permit issued under section marine service station is prohibited. 5-35 of this chapter, has abandoned such boat, (Ord. No. 14-2002, § 1, 5-9-02) boat trailer or piece of boat equipment. Supp. No. 24 325 I li i § 5-36 NORTH PALM BEACH CODE ~ (b) Thereupon, it shall be lawful for the vil- Sec. 5-57. General requirements. lage, through its officers or employees, to remove (a) All canals shall be provided with reinforced such abandoned material from such area, destroy- or prestressed concrete bulkheads which shall ing that which is junk and disposing of all other meet the requirements of the village building code material for the best price, and upon the best and the village ordinances concerning zoning as terms available. The net proceeds of any such sale they are concerned with bulkheads. shall be deposited in the general fund of the - village. (b) All canals to be constructed in areas pro- (Code 1970, § 11-14) posed to be platted shall meet the requirements of the subdivision ordinance of the village, as set out Sec. 5-37. Same-Recovery. in Appendix B of this` volume, and amendments thereto, and must be approved as part of the plan At any time within ninety (90) days after the of development of the proposed platted area. disposition of any boat, boat trailer or equipment (c) Canals to be constructed in unplatted areas under section 5-36 of this chapter, the owner, or shall meet the requirements of the village build- any person having any alleged interest in such ing code and all ordinances of the village relating disposed of property, may, upon making proof of to zoning, and plans for the construction of any such ownership or interest, recover back from the canal must be approved by the engineers of the village the proceeds of the sale, less all the ex- village prior to the issuance of a building permit penses of caring for, moving, advertising and for such canal. making such sale. (Code 1970, § 11-24) (Code 1970, § 11-15) Cross reference-Zoning, App. C. Sec. 5-58. Navigation canals. Secs. 5-38-5-48. Reserved. \ Canals which may be used for navigation shall have a minimum width of eighty (80) feet face to ARTICLE III. CONSTRUCTION face of bulkheads constructed on the sides thereof, REQUIREMENTS* with the exception of the bottom profile require- ments dictated by the bulkhead design. All such DIVISION 1. GENERALLY canals shall have a minimum bottom elevation of minus eight (-8) feet mean sea level. (Code 1970, § 11-22) Secs. 5-49-5-55. Reserved. Sec. 5-59. Drainage canals. DIVISION 2. CANALS Canals which are constructed or dug. for drain- age purposes only and which may be used for drainage purposes only shall be of the width Sec. 5-58. Compliance with division re- required to provide sufficient cross section for quired. drainage requirements and shall have a mini- mum bottom elevation of minus eight (-8) feet All canals for navigation and/or drainage pur- mean sea. level. The determination of whether or poses to be dug or constructed within the corpo- not the intended use of a canal is for drainage rate limits of the village, either in whole or in purposes only shall be set forth on the dedication part, whether or not such canal is dedicated to the of a plat if such canal is included in a platted area, public, shall be subject to the requirements set and such determination for canals in unplatted forth in this division. areas shall be made by the village building inspec- (Code 1970, § 11-21) tor. The village building inspector shall determine that a canal has been constructed for draina e 'Cross references-Buildings and building regulations, g Ch. 6; coastal construction code, § 6-151 et seq. i Supp. No. 24 326 P BUILDINGS AND BUILDING REGULATIONS 6-149 (B) Compliance with building and electrical (F) Relationship to building features. A build- codes required. All permanent signs, and the illu- ing wall sign shall not extend beyond any edge of urination thereof, shall be designed, constructed the surface to which it is attached, nor disrupt a and maintained in conformity with applicable pro- major architectural feature of the building. visions of the building and electrical codes adopt- ed by the village. (G) Maximum projection. A building wall sign may project no more than four (4) feet perpendic- (C) Illumination standards. ularly from the surface to which it is attached. (1) All illuminated signs shall be internally lighted and only by electricity. (H) Maximum window coverage. The combined area of permanent and temporary signs placed on (2) All electric wiring shall be installed in con- or behind windows shall not exceed ten (10) per- - duit and concealed. The conduit shall be cent of the total window area at the same floor installed underground in accordance with level on the side of the building or unit upon which the village electric code. the signs are displayed. (3) Electrically lighted signs shall be automat- ically controlled to be disconnected daily at (I) Format for multiple occupancy complexes. A midnight or at the close of business if the sign format for building wall signs to be placed on advertised closing is later than midnight. multiple occupancy complexes shall be approved prior to a building wall sign being permitted to be (4) Sign lighting may not be designed or locat- constructed, altered or remodeled after the effec- ed to cause confusion with traffic lights. tive date of this code. The sign format shall be (D) Placement standards. included as a submittal for authorization to erect such a sign and shall be maintained on file in the (1) In right-of--way. Supports for signs or sign department of public services. As a minimum, the structures shall not be placed in or upon a sign format shall specify the types, dimensions, public right-of--way or public easement. placement, colors, and shape of the signs and the (2) Ouer right-of--way. No ground sign shall style of lettering which shall lend a unified ap- project over a public right-of--way. pearance to the signs of the occupants of the com- (3) Blocking exits, fire escapes, etc. No sign or Plex. The sign format -shall only be modified with sign structure shall be erected that impedes the approval of the planning commission upon sub- use of any fire escape, emergency exit, or mission of a revised plan and specifications detail- standpipe. ing the revised format. (4) All ground signs shall be erected within (J) Signs required to be designed. The following landscaped areas. Minimum distance from signs shall be designed by a Florida registered the edge of the landscaped area to the sign architect or engineer: base shall be three (3) feet. The landscap- (1) Building wall signs that project perpendic- ing shall consist of shrubbery a minimum ularly from the surface to which it is at- of thirty (30) inches high creating a hedge tached and that are more than twelve (12) or individual shrubs of the same or varying square feet in area. species thirty (30) inches high spaced not more than eighteen (18) inches apart at (2) Ground signs of more than forty (40) square their base. feet in area. (E) Clearance standards. (3) All signs shall be designed to withstand a velocity pressure of fifty (50) pounds per (1) Ouer pedestrian ways. All signs over pedes- square foot. trian ways shall provide a minimum of nine (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 05-94, § 1, (9) feet of vertical clearance. 3-10-94) (2) Ouer vehicular ways. All signs over vehic- ular ways shall provide a minimum of thir- teen (13) feet six (6) inches of clearance. Secs. 6-118-6-149. Reserved. Supp. No. 8 398.15 0 § 6-150' NORTH PALM BEACH CODE ARTICLE VI. ENERGY EFFICIENCY plicable to other locations. In the event of a conflict ' BUILDING CODE between this article and other sections of this Code, the requirements resulting in the more restrictive Sec. 6-150. Adopted by reference. design shall apply. No provisions in this article shall be construed to permit. any con- Under the authority of F.S. section 163.295, the village hereby adopts, by reference thereto, the Florida Model Energy Efficiency Code, for Build- ingConstruction, 1986 edition, as the energy code for the village. There have been for at least ten (10) days last past and shall be during the time that this code is in effect, three (3) copies of such code and recommended amendments kept avail- able for public use, inspection and examination. (Ord. No. 6-79, § 1, 4-26-79; Ord. No. 23-80, § 1, 10-9-80) ARTICLE VII. COASTAL CONSTRUCTION CODE* Sec. 6-151. Title. The provisions contained herein shall consti- tute the coastal construction code for construction within the coastal building zone and coastal bar- rier islands in the village and shall be referred to as the "coastal code." (Ord. No. 22-86, § 1, 12-11-86) Sec. 6-152. Purpose. The purpose of the coastal code is to provide minimum standards for the design and construe- _ tion of buildings and structures to reduce the harmful effects of hurricanes and other severe storms occurring along the coastal area of the vil- lage which front on the Atlantic Ocean. These stan- Bards are intended to specifically address design features which affect the structural stability of the beach, dunes and topography of adjacent prop- erties. The coastal code is site specific to the coast- al building zone as defined herein and is not ap- °Editor's note-Ordinance No. 22-86, § 1, adopted Dec. 11, 1986, amended Art. VII in its entirety to read as herein set out in 6-151-6-156. Formerly, Art, VII, 6-156-6-164, relative to the coastal construction code, derived from Ord. No. 3-86, § 1, adopted March 27, 1986. Cross references-Boats, docks and waterways, Ch. 5; construction requirements for canals, etc., § 5-56 et seq.; bulk- t head lines, Ch. 7; flood damage prevention, Ch. 12.5. Supp, No. 8 398.16 Q LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-2 ARTICLE I. IN GENERAL plete findings of fact and conclusions re- garding all of the basic elements considered Sec. 17-1. Cable television rate regulation. in the. ~~illage council's determination. (Ord. No. 1-94, 1, 2, 1-13-94; Ord. No. 24-2002, (a) Implementation. The village council does § 1, 9-12~ 02) Editor snote-Ord. No. 1-94, adopted Jan. 13, 1994, has hereby implement cable television rate regulation been codified herein at the discretion of the editor as § 17-1. within the village consistent with Federal Com- munications Commission requirements. Sec. 17-2. Home occupations. (b) Rate regulation requirements. (a) Home occupations as permitted uses. Home occupations shall be permitted uses within R-1 (1) Any rate or charge established for cable Single-family Dwelling District, R-2 Multiple- television service, equipment, repair and family Dwelling District and R-3 Apartment Dwell- installation shall be reasonable to the ing District; and mixed-use ResidentiaUCommer- public. In determining whether a rate or cial PUDs. charge is reasonable, the village shall (b) Definition. Home occupation is defined to apply the cable television rate regulation mean any .activity for which an occupational li- criteria established by the Federal Com- tense of the Village of North Palm Beach is munications Commission ("FCC"). required by law, which is conducted within a (2) Should a franchisee desire to change any dwelling unit in a residential district. rate or charge, it shall submit a written (c) Occupational license required. It shall be a proposal for the amounts and effective violation for any person to conduct a home occu- date of such change to the mayor and pation without first obtaining an occupational council who may instruct staff to evaluate license therefor issued by the village. The public the proposal in a manner consistent with service department may impose reasonable con- FCC cable television rate regulation stan- ditions upon an occupational license issued for a Bards and report this evaluation to the home occupation for the purpose of insuring com- village council. The staff report shall be pliance with the standards set forth in section placed before the village council at a duly 17-2(d). noticed public hearing. The village will provide written notice of the public hear- (d) Standards. Prior to the issuance of an ing to the franchisee no later than seventy- occupational license and as continuing opera- two (72) hours prior to the public hearing. tional standards, home occupations shall comply The village may require the franchisee to with the following: notify each subscriber, in writing and/or (1) No person shall be employed in a home via the cable system, of the proposed rate occupation who is not a permanent change and the date and time of the domiciliary resident of the dwelling unit public hearing. At such hearing, the cable in which the home occupation exists. operator and members of the public will be given an opportunity to present their (2) The floor area within a dwelling unit respective views on the proposed rates. devoted to a home occupation shall not Upon conclusion of the public hearing, the exceedtwenty-five (25) percent of the gross village commission shall decide the mat- floor area of the dwelling unit excluding ter by majority vote and adopt a resolu- porches, garages, carports and other ar- tion approving, disapproving or modifying eas which are not considered living area. the proposed rate changes and providing (3) The activities of a home occupation shall such further relief as is appropriate and occur entirely within the dwelling unit, authorized by FCC rate regulation stan- excluding accessory structures such as Bards. The resolution shall set forth tom- garages, carports and sheds. Supp. No. 25 1053 i § 17-2 NORTH PALM BEACH CODE (4) There shall be no external evidence of the poses by its occupants, and shall, under existence of a home occupation within a no circumstances, change the residential dwelling unit. Signs, displays, off street character thereof. parking areas other than driveways nor- mallyrequired for residential use, or other (e) Affidavit of applicant required. An appli- advertising of any kind are prohibited. cant for an occupational license for a home occu- pation shall at the time of application file an (5) No tangible goods or services of any kind affidavit wherein the applicant: shall be sold or transferred to a customer, (1) Agrees to comply with the standards set consumer or client on the premises of a forth in this section; home occupation, excluding facsimile ma- chine, telephone and /or postal transac- (2) Agrees to comply with the conditions im- tions. posed by the department to insure com- pliance with such standards; (6) A home occupation shall not create noise, vibration, glare, fumes, odors, dust, smoke (3) Acknowledges that a departure therefrom or electromagnetic disturbances No equip- may result in a suspension of termination ment or processes shall be used which of the occupational license; and create visual or audible interference in (4) Acknowledges that the village shall have any radio or television receiver located the right to reasonably inspect the pre- nearby. No chemicals or chemical equip- raises upon which the home occupation is ment shall be used, except those that are conducted to insure compliance with the used for domestic or household purposes. foregoing standards and conditions, and No motor or engine power, other than to investigate complaints, if, any, from electrically operated motors, shall be used neighbors. in conjunction with such home occupation and the total horsepower of such permit- (fl Violation of standards or conditions deemed ted electrical motors shall not exceed three a Code violation.. Failure by a home occupation (3) horsepower, or one horsepower for any licensee to comply with the standards of this single motor. section and with the conditions imposed by the department shall be deemed a violation of this (7) Vehicular and pedestrian traffic shall not Code. be generated by a home occupation in a greater volume or a different vehicle type (g) Appeals. An applicant for an occupational than the traffic typical in a residential license whose application is denied for failure to neighborhood in the village. meet the standards set forth in this section or who objects to any conditions imposed by the depart- (8) Deliveries of any kind required by and ment may appeal the reasonableness of either to made to the premises of a home occupa- the zoning board of adjustment which may direct lion shall not exceed one business deliv- that the license be issued with or without condi- ery per day. bons or may modify, add to or delete the imposed (9) The giving of art, music or other instruc- conditions.. bons or lessons shall be limited to not (h) Repeal of ordinances. All ordinances or more than two (2} persons at any one parts of ordinances in conflict herewith are hereby time. repealed. (10) Outdoor storage or any materials shall (i) Effeective date. This section [Ordinance No. not be permitted. 2-95] shall be effective- upon the date of passage: (Ord. No. 2-95, 1-9, 1-26-95) (11) The use of the premises for the home Editor's note-Ord. No. 2-95, adopted Jan. 26, 1995, has occupation shall be clearly incidental and been codified herein at the discretion of the editor as § 17-2. subordinate to its use for residential pur- Cross reference-zoning, App. C. Supp. No. 25 1054 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-20 Secs. 17-3-17-15. Reserved. applicant to file an application with the licensing officer, such applicant to be in the form required by the village and such applicant shall be re- ARTICLE II. OCCUPATIONAL LICENSES* quired to furnish to the village such other infor- mation not contained in the application as the Sec. 17-16. License required; basis of one village manager may require. year. (Ord. No. 7-81, § 1, 7-23-81) A tax is hereby imposed by the village upon Sec. 17-19. Issuance of license; duration; half- each and every business, profession and occupa- year license; when due and pay- tion having a business location or branch office able. within the village, in the respective amounts set All licenses shall expire on the thirtieth day of forth in section 17-33 of this Code. In addition, September of each year. No license shall be issued each and every such business, profession and for more than one (1) year. For each license occupation which directly engages in interstate obtained between September 1 and March 31, the commerce, or which competes with any business, full tax for one (1) year shall be paid except as profession or occupation engaged in interstate hereinafter provided. For each license obtained commerce shall be licensed pursuant to this Code between April 1 and September 1, one-half of the in the respective amounts set forth in section full tax for one (1) year shall be paid except as 17-33. Unless otherwise stated, the amount of otherwise provided. Ahalf--year license issued such tax specified shall be on the basis of one (1) pursuant to the provisions of this article, how- year. ever, shall be granted only as an initial license. (Ord. No. 7-81, § 1, 7-23-81) Subsequent licenses must be issued on a full-year basis regardless of the date of application, except Sec. 17-1'7. Registration required. where a period of at least five (5) subsequent Any person who engages in any business, occu- consecutive years without a license has elapsed in pation or profession within the village not re- which case the characteristics of an initial license quired to be licensed hereunder shall be certified will apply provided all other provisions of this with the licensing officer by executing an infor- article are fully satisfied. Upon payment of such mation form provided by the village. The purpose tax, the license shall expire at the end of the of such certification is to provide the village with Period for which such license is issued as information concerning those who are doing busi- hereinabove specified. ness within the village and, where appropriate, to (Ord. No. 7-81, § 1, 7-23-81) assure the village that such persons are licensed Sec. 17-20. License renewal; delinquency countywide by the county. The fee for this certifi- penalty. cation shall be two dollars ($2.00). Anyone violat- All licenses issued hereunder may be renewed ing this provision by failing to register the re- v,ithout penalty no later than September 30 by quired information with the licensing office shall application of the license holder. Licenses not be deemed guilty of a .misdemeanor of the second renewed by October 1 shall be considered delin- degree. (Ord. No. 7-81, § 1, 7-23-81) quent and subject to a delinquency penalty of ten (10) percent of the full year license fee for the month of October, plus an additional five-percent Sec. 17-18. Application for license. penalty for each month of delinquency thereafter Before the village shall be required to issue a until paid. The total delinquency penalty shall license for engaging in or carrying on any of the never exceed twenty-five (25) percent of the full businesses, professions or occupations specified year license fee for that applicant, in addition to and set forth herein, it shall be the duty of the the license fee set forth herein. (Ord. No. 7-81, § 1, 7-23-81) *State law references-Municipal home rule powers, State law reference-Delinquency penalties, F.S. F.S. § 166.021; local occupational license tax act, F.S. Ch. 205. § 205.053. Supp. No. 25 1054.1 § 17-21 NORTH PALM BEACH CODE ~ " Sec. 17-21. How tax construed as to speci- fied professions. The tax .provided in section 17-33 for archi- tects, auctioneers, auditors or accountants, den- tists, draftsmen, civil engineers, lawyers, osteo- paths, chiropractors, chiropodists, phrenologists, physicians or surgeons, real estate salesmen, or other similar professions, shall be construed to mean that each individual shall pay -the tax herein provided, whether practicing by himself or in partnership or employed by another. (Ord. No. 7-81, § 1, 7-23-81) Sec. 17-22. Special permit for nonprofit en- terprise. The licensing officer shall issue special per- mits, without payment of any license. fees or other charges therefor, to any person or organization for the conduct or operation of a nonprofit enterprise, either regularly or temporarily, when he finds that the applicant operates without private profit, for a public, charitable, educational, literary, fra- ternal or religious purpose. (1) Application for special permit. An appli- cant for a special permit shall submit an application therefor to the licensing of- ficer, upon forms prescribed by the officer, and shall furnish such additional informa- tion and make such affidavits as the li- ' tensing officer shall require. (2) Special permittees must conform. A per- son operating under a special permit shall ' operate his nonprofit enterprise in com- pliance with this section and all other rules and regulations. (Ord. No. 7-81, § 1, 7-23-81) State law reference-Exemption for charitable, etc., activities, F.S. § 205.192. Supp. No. 25 1054.2 Chapter 19 OFFENSES AND MISCELLANEOUS PROVISIONS* Art. I. In General, 19-1-19.30 Art. II. Reserved, 19-31-19-46 Art. III. Offenses Against Property,. 1~8r47=19:63' Art. IV.. Offenses Agaiast,Public I1'Iorals,.§§; 19-64-19=&T Art. V. Offenses Against Public Pace, 19=8Z=18-98" Art. VI. Nbiae Control', 18-99-19.144 Art. VII. Reserved, 19.146-19.182 Art. VIII. Weapons, 19.18.3-19.199 Art. IX. Water Shortage Emergencies, 19.200-19.206 Art. X. Alarms, 19-207-18-219 Art. XI. Wellfield Protection, 19-220, 19.221 *Cross references-General penalty for Code violations, § 1.8; police, Ch. 23. 1225 i ,� _� C I I I OFFENSES AND MISCELLANEOUS PROVISIONS § 19-7 ARTICLE I. IN GENERAL or kept or allowed to be operated on any premises within three hundred (300) feet of any school Sec. 19-1. Definitions. grounds. (Code 1970, § 24-22) For the purposes of this chapter, the following terms, phrases, words and their derivations shall Sec. 19-5. Spitting in public places. have the meanings given herein: Billposting agency means any person posting No person in the village shall expectorate upon advertising matter or distributing advertising mat- any sidewalk, street, floor in public buildings or ter throughout the village. upon any other public place. (Code 1970, § 24-27) Model glue means any glue or cement of the type commonly used in the building of model Sec. 19-6. Hitchhiking. airplanes, boats and automobiles, containing tol- uene, acetone or other solvent or chemical having No person shall hitchhike, "thumb rides" or go the property of releasing toxic vapors. upon the public streets and highways for the Topless costume means any clothing which does Purpose of soliciting free transportation. not cover a major part of the female breasts and (Code 1970, § 24-34) shall include those devices commonly known as "pasties." Sec. 19-7. Handbills; distribution. (Code 1970, § 24-1) Cross reference-Rules of construction and definitions (a) No person shall distribute or give out any generally, § 1-2. handbills, tickets, samples or merchandise or other kind of advertising matter, unless such Sec. 19-2. State misdemeanors adopted. person is a licensed billposting agency; provided, however, that this section shall not be construed No person shall commit within the corporate to prevent persons from distributing advertise- limits of the village any act which is or shall be menu of their own business through the United recognized by the laws of the state as a misde- States mail. meanor, and the commission of such acts is hereby forbidden. (b) No person shall give to another or attempt (Code 1970, § 24-64; Ord. No. 213-70, § 1; Ord. No. to give to another any ticket or sample upon any 11-71, § 1) public street, alley, park or other public way or place within the village, or pass the same from Sec. 19-3. Bathing regulations. private property to any person on any street, alley, park or other public way or place, or place (a) No person afflicted with infectious, conta- such advertising matter in any automobile belong- gious or communicable disease shall bathe in any ing to another within the corporate limits of the public pool or place within the village limits. village, or throw or leave the same in any pi~vate yard or upon private property so that the same (b) No person shall beach or bathe in a manner may be blown or scattered upon private or public contrary to the posted regulations of the village. property. (Code 1970, § 24-16) (c) No person shall distribute, deposit, place, Sec. 19-4. Proximity of coin-operated amuse- throw, scatter or cast any printed or written menu to schools restricted. matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper No coin-operated amusement table, marble board booklet or any other printed or otherwise repro- or other similar game and device shall be located duced original or copies of any matter or litera- 5upp. No. 24 1227 I 0 § 19-7 NORTH PALM BEACH CODE l" ture upon any premises, if requested by the through twelfth grade, during those days that owner, or someone authorized by the owner, not to county public schools involving kindergarten do so. through twelfth grade are in session. (Code 1970, § 24-35; Ord. No. 228-71, § 1) (Code 1970, § 24-62; Ord. No. 12-81, § 1, 11-12-81; Ord. No. 18-85, § 1, 10-24-85) Sec. 19-8. Impersonating police officer, fire- man or other village official. Sec. 19-10. Barbecue grills and similar cook- ing devices.. (a) No person shall hold himself out as, or falsely assume or impersonate himself to be a Barbecue grills and similar cooking devices police officer or fireman of the village or any other with which open flames may be used to heat or village official or employee, or assert falsely that prepare food or from which open flames may occur he has the authority or right to exercise the during the cooking process shall not be used on powers of any such officers or officials. any balconies or porches ofmulti-family buildings except two (2) family dwellings. They shall be (b) No person, other than an official police used only outside of and at a minimum often (10) officer of the village, shall wear or carry the feet distance from the nearest building. uniform, apparel, badge, identification card or (Ord. No. 15-2002, § 1, 4-9-02) any other insignia of office like or similar to, or a colorable imitation of that adopted and worn or Secs. 19-11-19-30. Reserved. carried by the official police officers of the village. (c) No person, while wearing a mask or device ARTICLE II. RESERVED such as described in paragraph (b) of this section, shall demand entrance or admission to or attempt to enter in or come upon or into the premises, Secs. 19-31-19-46. Reserved. enclosure or house of any person in the village. (Code 1970, § 24-37) ARTICLE III. OFFENSES AGAINST Cross reference-Administration generally, ch. 2. PROPERTY* Sec. 19-9. Smoke, dust, odors, liquids, etc. Sec. 19-47. Obstructing passageways. No owner or occupant of any building, struc- No person shall place or erect upon any public ture or premises in the village shall cause, allow way or passageway to any building an obstruction or permit any smoke, dust, steam, odors, fumes, of any type; provided that this section shall not liquids or other obnoxious matters or things to prevent the duly authorized or required placing of emanate therefrom over and upon any public temporary barriers or warning signs for the pur- street or sidewalk in the village, unless the same pose of safeguarding the public; and providing, shall be so deflected or bona fide attempts made further, that, Swale markers may be placed at the to deflect same away from persons using such edge of Swale areas to protect the edges of lawns streets or sidewalks so as not to annoy, vex, irk or from being driven on bypassing vehicles, with the bother persons in the use thereof; provided, how- Swale markers to be round button cement mark- ever, that water from sprinkler systems may ers with anchor rods attached, not to exceed emanate from private property over and upon twelve (12) inches in diameter and four (4) inches sidewalks in the village, except from one and in height. one-half (li/a) hours before the opening, to one- (Code 1970, § 24-59; Ord. No. 218-70, § 3) half hour after the opening, of public schools in the county for kindergarten through twelfth grade, Secs. 19-48-19-63. Reserved. and from one-half hour before the closing, to one and one-half (1~/2) hours after the closing, of *Cross reference-Persons walking dogs responsible for public schools in the county for kindergarten removal of waste, § 4-31 et seq. Supp. No. 24 1228 OFFENSES AND MISCELLANEOUS PROVISIONS § 19-64 ARTICLE IV. OFFENSES AGAINST PUBLIC MORALS Sec. 19-64. Topless costumes. (a) No female person over the age of twelve (12) years shall appear in any public place or private place where the public is invited where alcoholic beverages are sold or any place open to the public view in a topless costume. (b) No person shall knowingly employ or per- mit afemale person who is wearing a topless costume within the confines of any premises which he controls and to which the public is invited where alcoholic beverages are sold or is open to public view. (Code 1970, § 24-67) Supp. No. 24 1228.1 t STATUTORY REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text of references to the state law or related matters. Section Section Section this Code Section this Code 1.01 27-31 ch. 177 App. B, Art. I, 1.01 et seq. 1-2 § 36-2 ch. 22F App. B, Art. II, App. B, Art. II, § 36-10 § 36-8 ch. 39 App. C, § 45-2 App. B, Art. II, Ch. 50 2-181 § 36-15 50.041 2-181 App. B, Art. N, 50.051 2-181 § 36-27 55.03 29-5(a) ch. 185 2-167 ch. 98 Ch. 10 185.08 26-16 ch. 101 10-7 202.195 29-8(m) 101.657 10-13 203.012 26-51, 29-3 112.181 2-161(e)(9) 29-5(b) 161.55(1)(d) 6-156 203.012(5)(b) 26-51 161.041 6-153 ch. 205 Ch. 17, Art. II 161.053 6-154 205.043(2), 162.12(2) 2-180 205.043(3) 17-24, 17-25 205.053 17-20 ch. 163 12.5-1 205.192 17-22 21-1 210.03 17-33 21-11 ch. 212 26-53 21-43, 21-44 ch. 252 Ch. 8 App. B, Art. I, 8-4(a)(2) § 36-2, App. B, Art. 252.38 et seq. 8-6 I, § 36-4 253.125 7-19 App. B, Art. II, 280.02 2-4(f) § 36-16 Ch. 316 18-20 App. B, Art. VI 316.008 Ch. 18 163.01 2-4(fl 316.272 19-117 163.161 et seq. 21-O1 ch. 163.170, App. B, Art. II, 316.293 19-117 §163.3164(17) § 36-10 316.1955,316.1956 18-37 163.225(3)(a)--(c) 5-86 320.01(1) 14-37 163.295 6-150 ch. 327 Ch.5 163.3161 et seq. Ch. 21, Art. II 335.065 App. B, Art. N, § 36-29.1 163.3177 21-44 337.29 29-2 163.3178 6-155 337.401 29-2, 29-3 21-44 29-5(a), (e) ch. 166 6-16 29-6(a) Ch. 24 337.401(3) 28-3 Ord. No. 2478 § 3 337.403, 337.404 29-7 166.021 Ch. 17, Art. II 342.03 Ch. 5 166.221 17-34 362.01 29-2 166.231 Ch. 26, Art. III 364.02 29-3 ch. 170 21-2 ch. 373 19-200 170.01 Ch. 24 ch. 380 21-44 ch. 175 2-167 App. B, Art. II, 175.101 26-17 § 36-10 Supp. No. 29 2819 NORTH PALM BEACH CODE Section Section this Code 380.04 21-103 393 App. C, § 45-2 ch. 394 App. C, § 45-2 ch. 400 App. C, § 45-2 ch. 401 11.5-21 ch. 402 App. C, § 45-2 App. C, § 45-34.1 402.302(4), 402.302(5) 17-33 413.08 4-27(d) ch. 419 17-33 App. C, § 45-2 471.003 29-8(c)(1) ch. 472 App. B, Art. I, § 36-6 ch. 480 App. C, § 45-2 ch. 495 1-10 ch. 553 6-16 553.73 6-154 11-11 553.73(2) 6-2 561.01 3-1 561.01 et seq. Ch. 3 563.01 3-1 564.01 3-1 565.01 3-1 628.901 29-12(d) 633.35 2-159 633.025 12-16 633.0215 12-16 ch. 650 Ch. 2, Art. V, Div 2 2-136 650.02 2-136 658.12 2-4(q) ch. 760 App. C, § 45-2 768.28 29-12(d) 775.082, 775.083 2-169(f) ch. 847 App. C, § 45-20 870.041 8-21 870.44 8-22 870.45 8-22 872.05 2-104 943.14 2-159 943.25(13) 1-9 Supp. No. 29 2820 [The next page is 2869] CODE COMPARATIVE TABLE Adoption Section Ord. No. Date Section this Code 14-2003 5- 8-03 1 Added 18-20 23-2003 9-11-03 1 15-2(307.4) 2 Added 15-2(101.3.4) 3 24-43(a)(1), (c) 4 Rpld 24-45 5 45-27.E. 25-2003 9-25-03 1 6-17 26-2003 9-25-03 1 19-213 27-2003 9- 9-03 1 5-84(6), (8), (10) 2 Rpld 5-72 28-2003 10- 9-03 1 26-29 2 26-30 3 26-31 29-2003 10-23-03 1 17-33 35-2003 12-11-03 1 2-148(a) 2 2-158(b) 3 2-158(c) 02-2004 1-22-04 1 4-27(b) 03-2004 2-26-04 1 18-20(a) 06-2004 4- 8-04 1-7 Added 2-51-2-57 14-2004 7- 8-04 1-3 App. C, § 45-34 16-2004 7-22-04 1 Added 2-148(g) 2 Dltd 2-158(d)(4) 17-2004 7-22-04 1 19-211 18-2004 7-22-04 1 Added 5-102-5-106 19 2004 7-22-04 1 21-21(h) 21-2004 8-12-04 1, 2 25-3, 25-4 23-2004 8-12-04 1 20-66(a) 27-2004 10-14-04 1, 2 Rpld 10-11, 10-12 29-2004 10-28-04 1 36-23 36-2004 12- 9-04 1, 2 2-115, 2-116 01-2005 1-27-05 1 2-52 02-2005 1-27-05 1 Added 10-13 03-2005 2-10-05 1 2-26 04-2005 2-10-05 1 App. C, § 45-36 F. 07-2005 5-26-05 1 18-34 08-2005 5-26-05 1 2-156 12-2005 7-14-05 1 19-120 15-2005 7-14-05 1, 2 18-34(c), (d) Supp. No. 30 2889 LThe next page is 2933] 'i ~I ~I 0 CODE INDEX Section Section A ALARMS (Confd:) ABANDONMENT Exemptions 19-218 False alarms Abandoned, inoperative and junked prop- Excessive false alarms declared public erty 14-37 et seq. ~ 19-212 nuisance See: GARBAGE AND TRASH Service charge; collection 19-213 Boats Fire division equipment; fire alarm system 12-53 Boat launching area; abandoned boats Identification required 19-215 and equipment 5-36, 5-37 System standards....................... 19-219 Generally 5-8 Telephone trunk lines Dogs, other animals 4-10 Interference with public safety depart- ACTS BY AGENTS went telephone trunk lines prohib- Definitions and rules of construction 1-2 ited 19-215 Violation and penalty 19-214 ADMINISTRATIVE CODE Audit committee 2-56 et seq. ALCOHOLIC BEVERAGES See: AUDITS Consumption on playgrounds and public Fronds required of certain officers 2-42 parks 3-3 Definition 2-39 Nudity, partial nudity, sexual conduct; pro- Departmenta] organization 2-40 hibited at alcoholic beverage estab- Oaths of office ]ishinents 3-4 Chief administrator and officers, fm•m of Sales restricted; hours of sale 3-2 oath 2-41(b) State law definitions adopted............ 3-1 Members of department of public safety, .Zoning form of oath 2-41(c) Location of business for retail sales of Persons required to take oath of office . 2-41(a) alcoholic beverages 45-20(2), Policy and procedures 45-36.N Department heads 2-43(b) C-3 Regional Business District...... 45-34.1(9) Departments 2-43(c) p.MBULANCES Officers 2-43(a) Definition 17-50 ADULT ENTERTAINMENT ESTABLISH- Unlawful operation 17-51 NIENTS AMUSEMENTS ANDAMUSEMENT PLACES Zoning regulations re. See: ZONING (Ap- Coin-o erated amusements; p proximity to peudix C) schools restricted 19-4 ADVERTISING Handbills; distribution restricted......... 19-7 AND, OR Noise control policy re loudspeakers and Definitions and rules of construction 1-2 devices for advertising 19-105 ANIMALS AND FOWL Signs and outdoor displays 6-110 et seq. Abandonin See: SIGNS AND BILLBOARDS g ' ~ ' ~ ' ' ' ' ' ' ' ' ' ' ' ' ' ~ ~ • • • • • • • • • 4-10 Birds AFFIDAVITS Molesting songbirds 4-9 Home occupations; occupational licenses Village designated bird sanctuary; hunt- . Affidavit of applicant required......... 17-2(e) ing prohibited 4-2 Cats. See herein: Dogs and Cats AFFIRMATION. See: OATH,AFFIRMATION, Code enforcement board, applicability re.. 2-173 SWEAR OR SWORN Contagious diseases, animals with 4-11 Cruelty to animals 4-7 AGREEMENTS. See: CONTRACTS AND Definitions 4-1 AGREEMENTS Dogs and cats ALARMS Collar and tag Alarm business central office required.... 19-215 Required 4-25 Alarm permit required 19-208 Unauthorized removal 4-26 Application for 19-209 Impoundment Issuance 19-211 Disposition upon owner's failure to Terms, fees; nontransferable 19-210 redeem 4-30(d) Audible a]arms 19-216 Notice............................. 4-30(b) Code enforcement board, enforcement Redemption by owner 4-30(c) through 19-217 Required 4-30(a) Definitions 19-207 Inoculation 4-24 Supp. No. 28 2935 r NORTH PALM BEACH CODE Section Section ANIMALS AND FOWL (Cont'dJ APPEARANCE PLAN (Appendix A) (Cont'd.) Prohibited ui certain areas; exceptions . 4-27 Maintenance for good appearance Rabies control. See herein that subject Buildings and appurtenances.......... VII(B) Registration 4-24 Public property....................... VII(C) Rumiing at large Site VII(A) Cats 4-28(c) Participation and incentives VI Dogs on property of others.......... 4-28(b) Statement of policy II Dogs on streets and sidewalks 4-28(a) Vicious, biting and attacking dogs 4-29 ARCHAEOLOGICAL SITE PROTECTION Waste removal Appeals 21-107 Persons walking dogs responsible for Applicability 21-102 removal of waste 4-31 Archaeological review, development sub- Waste-removal implements, persons ject to 21-104 walking dog to carry 4-32 Certificate to dig 21-105 Enforcement Cost 21-106 General enforcement 4-5 Definitions 21-103 Hindering enfrnrement 4-4 Hearing................................ 21-108 Fight, causing animals to 4_g Intent.................................. 21-101 Keeping certain animals prohibited;excep- Purpose 21-101 tion 4-6 Violations and penalties................. 21-108 Killing 4-3 ASSEMBLIES Molesting songbirds or domestic pets..... 4-9 Meetings of boards and conunissions; ad- Noise control policy re animal. noises 19-107 Nuisances, animals creatin 4-12 journment of 2-3 g ' ' ' ' ' ' ' ' ' ' ' ' ' Meetings of specific boards, etc. See spe- Poisoiiing 4-3 cific subjects Rabies control Park and recreatimi area; meetings and Death or destruction, reporting........ 4-46 gatherings 20-22 et seq. Muzzles; when required 4-45 See: PARKS, PLAYGROUNDS AND Rabid animals RECREATION Confinement 4-43 Duty to report; impounding......... 4-44 ATLANTIC OCEAN Nuisance, declared 4-42 Regulations governing construction of docks, ANNEXATION piers in Lake Worth and Atlantic Ocean 5-85 Planning and development; filing fees and cost for voluntary annexation of land 21-2 AUDITS Audit committee ANTENNAE Access to records 2-56 Zoning regulations 45-21 Administrative services............... 2-57 APPEARANCE PLAN (Appendix A) Composition; terms; vacancies......... 2-52 (Note~ection citations contained herein Created 2-51 refer to section citations found within Duties 2-54 Appendix A) Organization 2-53 Administration V Removal............................. 2-55 Areas of jurisdiction III Basis I B Criteria for appearance Building and site to adjoining area, re- BATHING lationship of IV(B) Diseased persons prohibited from bathing Building design IV(D) in public pools, etc. 19-3 Buildings to site, relationship of....... IV(A) BICYCLES Evaluation, factors for IV(H) Landscape and site treatment......... IV(C) Park regulations 20-6 Maintenance-planning and design. fac- Subdivisions, required improvements re tors IV(G) bikeways.......................... 36-29.1 Miscellaneous structures and streethard- BILLBOARDS. See: SIGNS AND BILL- ware IV(F) BOARDS Signs PJ(E) Definitions VIII BIRDS. See: ANIMALS AND FOWL Supp. No. 28 2936 CODE INDEX Section Section BLOCKS BOATS, DOCKS AND WATERWAYS (Cont'd.) Subdivision design standards............ 36-18 Docks and piers Construction in waters other than BOARDS, COMMITTEES AND COMMIS- Lake Worth andAtlantic Ocean, SIONS. See: DEPARTMENTS AND regulations governing 5-84 OTHER AGENCIES OF VILLAGE Definitions 5-81 Generally 5-82 BOATS, DOCKS AND WATERWAYS Lake Worth and Atlantic Ocean, reg- Abandoned boats 5-8 ulations governing construction Anchoring and mooring in 5-85 Limitation on anchoring and mooring in Minimum design requirements...... 5-83 prohibited area; mooring permit Variances 5-86 required 5-17 Erosion control structures Unlawfully anchored or moored vessels Construction 5-95 Claiming of vessel by owner; payment Control 5-96 of costs 5-22 Definitions........................ 5-93 Department of public safety to im- Permitted, when 5-94 pound 5-18 Piers. See within this subheading: Docks Owner to be notified upon impound- and Piers ment 5-19 Seawalls. See within this subheading: Procedure in event owner cannot be Bulkheads and Seawalls found 5-20 Definitions 5-1 Reclamation of owner after sale..... 5-23 Disturbing other boats 5-6 Unclaimed vessel to be sold; certifica- Exhibition boats exempted from certain tion of sale 5-21 restrictions........................ 5-4 Use of vessel for dwelling purposes in Flood damage prevention provisions...... 12.5-1 et seq. prohibited area 5-24 See: FLOOD DAMAGE PREVENTION Authority of city to board boats violating Fueling of marine craft 5-25 Health and sanitation requirements provisions 5-16 Boat launching area Cleanliness of docks 5-11 Abandoned boats and equipment Observance of village health and con- duct rules 5-10 Disposition 5-36 Recove 5-37 Pollution of waterways................ 5-13 ry Refuse disposal............ 5-12 Designated; use restricted 5-33 Living aboard boats restricted 5-15 Permits required 5-35 Marine sanctuaries Repairs prohibited 5-34 Designation of waters as marine sanctu- Bulkhead lines 7-1 et seq. aries See: BULKHEAD LINES Area to be regulated 5-101(c) Coastal construction code 6-151 et seq. Areas designated 5-101(b) See: COASTAL CONSTRUCTION CODE Construction of provision 5-101(d) Code enforcement board, applicability re.. 2-173 Definition 5-101(a) Construction requirements Mooring, docking, or beaching of boats on Bulkheads and seawalls public or private property without Compliance with provisions required 5-69 permission 5-9 Inspection required 5-73 perking Permit fee 5-72 Boating equipment; parking on residen- Specifications 5-71 tial property restricted........... 18-35 Submission of plans and specifica- Prohibited parking upon right-of--way of tions 5-70 specific roadways................. 18-34.1 Canals Running engines, hours in residential dis- Canal crossings 5-60 tricts........................,..... 5-14 Compliance with provisions required 5-56 Searchlights, use of 5-7 Drainage canals 5-59 Speed limits; wakes 5-2 General requirements 5-57 Subdivision provisions re waterways 36-22 et seq. Navigation canals 5-58 See: SUBDIVISIONS (Appendix B) Surety bond prerequisite to issuance Swimming in restricted waters 5-3 of building permit in certain Water skiing 5-5 cases 5-61 Waterways board 5-102 et seq. Supp. No. 29 2937 NORTH PALM BEACH CODE- Section Section BOISTEROUS CONDUCT BUILDINGS (Cont'd.} Noisy and boisterous 19-106 Outdoor displays. See herein: Signs and BONDS Outdoor Displays Park and recreation facilities; erecting build- Administrative code; bonds required of ter- ings or structures 20-3 tain officers 2-42 publicland, construction on prohibited... 6-1 Canal construction; surety bond prerequi- Public services department; division of per- site to issuance of building permit... 5-61 wits and inspections 2-85(1) Finance director, duties re 2-59(7) Signs and outdoors displays 6-110 et seq. Village manager 2-117 See: SIGNS AND BILLBOARDS BRUSH. See: WEEDS AND BRUSH Smoke, dust, odors, liquids, etc........... 19-9 Spitting in public places prohibited....... 19-5 BUILDINGS Stormwater management; level of finished Appearance code floor of structures 21-63 Appeals and review 6-35 Subdivision regulations 36-1 et seq. Appearance plan 6-33 See: SUBDIVISIONS (Appendix B) Certificate of appropriateness Swimming pools 25-1 et seq. Final hearings 6-57 See: SWIMMING POOLS Follow-up by building. inspector 6-60 Zoning regulations 45-1 et seq. See: ZONING (Appendix C) Planning commission Action of 6-58 BULKHEAD LINES Approval by 6-59 Code enforcement board, applicability re.. 2-173 Preliminary consideration 6-56 Established; designated 7-1 Definition 6-31 Filling operation beyond bulkhead line pro- Intent and purposes 6-32 hibited............................ 7-2 Planning commission, powers and du- Filling permit ties re 6-36 Application fees...................... 7-19 Short title 6-30 Application; issuance 7-18 Appearance plan (Appendix A). See that Expiration date; renewal; revocation 7-20 subject Public hearing prerequisite to consider- Coastal construction code 6-151 et seq. ation 7-17 See: COASTAL CONSTRUCTION CODE Required 7-16 Code enforcement board, applicability re.. 2-173 Unlawful fill; removal 7-3 ~ Codes BULKHEADS Appearance code. See herein that sub- Bulkheads and seawalls, construction re- ject quirements re 5-69 et seq. Building code 6-17 See: BOATS, DOCKS AND WATER- I~ Coastal construction code 6-151 et seq. WAYS Electrical code 11-11, 11-12 Energy efficiency building code........ 6-150 BUSINESS REGULATIONS Fire prevention code 12-16 et seq. Ambulances 17-50, 17-51 ~ Businesses located outside villa a limits Housing code 15-1, 15-2 g j Country club 9-1 et seq. Application for certificate of regulation. 17-34.2 I See: COUNTRY CLUB Certificate of business regulation re- Electrical code 11-11, 11-12 quired; basis of one year 17-34 Energy efficiency building code Commercial vehicles, marking of 17-34.13 Adopted by reference 6-150 Compliance by principal deemed compli- Flood damage prevention 12.5-1 et seq. ante by agent 17-34.8 See: FLOOD DAMAGE PREVENTION Delinquency penalty 17-34.4 Housing code 15-1, 15-2 Doing business not covered by certifi- Landsca m 27-31 et se Cate of regulation 17.34-7 p g' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' q' Duplicate certificates of regulation..... 17-34.6 See: LANDSCAPING Duration 17-34.3 Minimum construction standards Authorit 6-16 False statements y " " " " " " " " " " " " " " Certificate obtained void ab initio 17-34.7 Codes adopted 6-17 Engaging in business without certifi- Violations and enalt 6-19 p y' ' ' ' ' ' ' ' ' Cate of regulation or under cer- Missiles, throwing 19-83 tificate issued on.............. 17-34.11 ~ Noise from building 19-102 Obstructing passageway 19-47 i Supp. No. 29 2938 i I I CODE INDEX Section Section BUSINESS REGULATIONS (ConfdJ CIVIL DISORDERS AND DISTURBANCES. Fee exemptions 17-34.10 See: EMERGENCY MANAGEMENT Fee schedule 17-34.12 CLERK Half-year certificate 17-34.3 17-34.3 Department of records, provisions re vil- Issuance of certificate............ lage clerk and deputy village clerk . _ 2-67 et seq. Noncompliance of principal............ 17-34.8 See: DOCUIVIENTS AND PUBLIC Nonprofit enterprise, special permit for 17-34.5 RECORDS Refund of fee 17-34.9 Registration required 17-34.1 CLUBS Renewal 17-34.4 Country club 9-1 et seq. Suspension or revocation of certificate . 17-34.9 See: COUNTRY CLUB When due and payable 17-34.3 COASTAL CONSTRUCTION CODE Garage and other sales 17-61 et seq. See: GARAGE AND OTHER SALE_ S Coastal construction requirements p 17-2(a) et seq. Location of construction 6-155(4) Home occu ations Major structures, structural require- See: HOME OCCUPATIONS ments for 6-155(1) Occupational licenses 17-16 et seq. Minor structures, structural require- See: LICENSES AND PERMIT ments for 6-155(3) Wellfield protection Nonhabitable major structures, struc- Regulation of business activities with tural requirements for 6-155(2) potential to contaminate land and Public access 6-155(5) water resources 19-221 Definitions .................-........... 6-154 Zoning Flood damage prevention 12.5-1 et seq. Location of business for retail sales of See: FLOOD DAMAGE PREVENTION alcoholic beverages 45-20(2), 45- purpose................................ 6-152 36.N References 6-156 C-3 Regional Business District...... 45-34.1(9) Scope Applicability 6-153(a) C Exceptions 6-153(b) Permits, application for 6-153(c) CABLE TELEVISION. See: TELEVISION Title 6-151 CAMPING CODE ENFORCEMENT BOARD Recreational, boating and camping equip- Actions for money judgments ment; parking on residential property Limitation 2-182 restricted 18-35 Alarm regulations, enforcement re 19-217 Applicability 2-173 CANALS Declaration of legislative intent 2-171 Construction requirements 5-56 et seq. DefiTUtions 2-172 See: BOATS, DOCKS AND WATER- Enforcement procedure 2-175 WAYS Fines; liens Appeals 2-180 CATS Copies of orders imposing fuzes........ 2-178(d) _ Regulations enumerated 4-24 et seq. Determination of amount of fine....... 2-178(b) See; ANIMALS AND FOWL - Duration of lien 2-179 CERTIFICATES Generally 2-I78(a) Appearance code; certificate of appropriate- Notices 2-181 Reduction of fine 2-178(c) Hess 6-56 et seq. See: BUILDINGS Hearing, conduct of 2-176 Boats, docks and waterways; unlawfully Organization anchored or moored vessels Attorney 2-174(c) Unclaimed vessel to be sold; certifica- Officers; quorum; compensation 2-174(b) - Qualifications and term 2-174(a) - taon of sale 5-21 Businesses located outside village limits, Powers 2-177 certificate of business regulations re. 17-34 et seq. CODE OF ORDINANCES* See: BUSINESS REGULATIONS Emergency medical services 1L5-21 y`Note-The adoption, amendment, repeal, omissions, effec- Historic site overlay district; certificate of tive date, explanation of numberuig system and other matters appropriateness 45-37(H) pertaining to the use, construction and interpretation of this Supp. No. 28 2939 i NORTH PALM BEACH CODE Section Section CODE OF ORDINANCES (Cont'dJ COUI\TTRY CLUB (Cont'dJ Altering Code 1-7 Finances Amendments 1-6 Delinquent accounts; penalties 9-32 Catchlroes 1-3 Premises Court cost Disfigtu•ation and/or removal of building Assessment of additional court costs for or other property 9-1(1) criminal justice education expendi- Enforcement 9-2 tunes 1-9 Hours 9-1(2) Definitions and rules of construction 1-2 Signs 9-2 Designated and cited 1-1 Violations and enalties 9-2 p References to chapters or sections........ 1-3 Repeal of ordinances, effect of 1-4 COUNTY Severability of ,parts 1-5 Defmitions and rules of construction 1-2 ~ Village clerk, duties re recording ordi- j nances 2-67(3) COURTS ~ Village logo 1-10 Court cost Violations and penalty 1-8 Assessment of additional court costs for criminal justice education expendi- COIN-OPERATEDAMDSEMENTS tunes 1-9 Proximity to schools restricted 19-4 COMBAT AUTO THEFT (CAT) D Establishment, regulations 18-19 DECALS COMMITTEES, COMMISSIONS. See: DE- Combat Auto Theft (CAT) 18-19 PARTMENTSAND OTHERAGENCIES OF VILLAGE DEPARTMENTS AND OTHER AGENCIES OF VILLAGE COMMUNICATIONS Administrative code 2-39 et seq. ` Telecommtmications See: ADMINISTRATIVE CODE Generally 29-1 et seq. Appearance board. See: APPEARANCE See: TELECOMMUNICATIONS PLAN (Appendix A) Service tax 26-51 et seq. Audit committee 2-56 et seq. See: TAXATION See: AUDITS Code enforcement board 2-171 et seq. COMPUTATION OF TIME Definitions and rules of construction 1-2 Coimnittees and boards generally; resi- dency requirements 2-1 CONCURRENCY MANAGEMENT Country club advisory board 9-16 et seq. Provisions enumerated 21-41 et seq. See: COUNTRY CLUB See: PLANNINGAND DEVELOPNIENT Finance, department o£ 2-59 See:. FINANCES COUNCIL. See: VILLAGE COUNCIL Fire and police retirement board of trust- COUNTRY CLUB ees 2-164 et seq. Advisory board See: PENSIONS AND RETIREMENT Compensation . 9-19 Fire division............................ 12-29 et seq. Composition 9-17(a) See: FIRE PREVENTION AND PRO- Created g_lg TECTION Duties General employees retirement board 2-151 et seq. Administrator 9-21(b) See: PENSIONS AND RETIREMENT Budget 9-21(d) Library board 16-16 et seq. Management and administration.... 9-21(a) Library, department of 2-93 Village employees 9-21(c) Meetings of boards and commissions; ad- 14leetings 9-20 journment of 2-3 Officers' uorum 9-19 Meetings of specific boards, etc. See spe- q Removal 9-18 cific subjects Terms 9-17(b) Planning and development board of adjust- Vacancies 9-17(c) ment.............................. 21-21 Planning commission 21-11, 21-12 Code are contained in the adopting ordinance and preface Public safety, department of 2-75, 2-76 which are to be found in the preliminary pages of this volume. See: PUBLIC SAFETY DEPARTMENT Supp, No. 28 2940 CODE INDEX Section Section FIRE PREVENTION AND PROTECTION (Cont'd.) Fire alarm system 12-53 Generally 12-51 Housing 12-54 Private use of equipment 12-55 Tampering with equipment 12-56 Impersonating fireman 19-8 Motor equipment and members' cars des- ignated emergency vehicles 12-31 Personnel Badges 12-41 Car insignia 12-42 Other officers accountable to chief... 12-39 Police assistance 12-43 Special police powers 12-40 Volunteer firefighters, length of service award plan for 2-170 et seq. See: PENSIONS AND RETIREMENT Florida fire prevention code Adopted by reference 12-16 Supp. No. 29 2942.1 C I 0 CODE INDEX Section Section DISABLEDAND HANDICAPPED PERSONS ELECTIONS (Cont'dJ Applicability of dog prohibitions to guide General elections, notice of 10-3 and service dogs 4-27(d) Inspectors and clerk Parking violations re handicap spaces.... 18-37 Appointment 10-58 DISTRICTS Compensation 10-61 Filling vacancy 10-60 Zoning regulations 45-16 et seq. Good order, duty to maintain and report See: ZONING (Appendix C) violations 10-62 DISTURBANCES. See: CIVIL DISORDERS Instruction prior to election............ 10-64 AND DISTURBANCES Oath required 10-59 Organization 10-63 DOCKS. See: BOATS, DOCKS AND WATER- Polling place WAYS Designated 10-76 DOCUMENTS AND PUBLIC RECORDS Policeman to be present 10-77 Department of records Protest of election returns; inspection by Deputy village clerk canvassing board 10-12 Appointment 2-68 Special elections Duties 2-69 Notice of............................. 10-4 Village clerk; duties When held 10-2 Election records, kee in 2-67(5) State laws p g ~ ~ ' ' ~ ' ' ' ' Applicable state laws adopted 10-1 Expiration of term, notice of 2-67(7) Voting machines may be used; state law Official seal, keeping 2-67(8) applicable....................... 10-7 Record ordinances 2-67(3) Village clerk, duties re keeping election Village council records 2-67(5) Keep records of council 2-67(2) Village council to constitute canvassing Public council action 2-67(4) board 10-11 Serve as clerk of council 2-67(1) Voting machines may be used; state law Vital statistics, keeping 2-67(6) applicable 10-7 Police division, duties re records 2-76(b)(1) Village clerk and deputy village clerk. See ELECTRICAL CODE herein: Department of Records Amendments, corrections, additions 11-12 DOGS Code enforcement board, applicability re.. 2-173 Regulations enumerated 4-24 et seq. ELECTRONIC AUDIO EQUIPMENT See: ANIMALS AND FOWL Noise control 19-104 DRAINAGE EMERGENCIES Stormwater management 21-61 et seq. Ambulances 17-50, 17-51 See: STORMWATER MANAGEMENT Emergency management 8-1 et seq. Subdivision design standards re easements See: EMERGENCY MANAGEMENT and rights-of--way 36-22(b) Emergency medical services Zoning; surface water management Fees C-3 Regional Business District 45-34.1(8) Billing and collection 11.5-23 DROUGHT Establishment 11.5-22 Generally 11.5-21 Water shortage emergencies 19-200 et seq. Fire division............................ 12-29 et seq. See: WATER SHORTAGE EMERGEN- See: FIRE PREVENTION AND PRO- CIES TECTION Water shortage emergencies 19-200 et seq. E See: WATER SHORTAGE EMERGEN- ELECTIONS CIES Ballots EMERGENCY MANAGEMENT Direction for preparation 10-8 Applicability.................. 8-2 Public measure 10-10 Civil disorders and disturbances • Specifications; general and runoff elec- Declaration of a state of emergency 8-22 tions 10-9 Mayor designated local authority for pres- Candidacy ervation of public peace 8-21 Candidates for office; qualifying 10-5 Declaration of a state of emergency 8-5 Preservation of notice of candidacy 10-6 Definitions 8-1 Clerks. See herein: Inspectors and Clerk Emergency management structure 8-3 Supp. No. 24 2941 i NORTH PALM BEACH CODE Section Section EMERGENCY MANAGEMENT (Confd.) FINANCES (Cont'dJ Powers, duties and responsibilities 8-4 Investment policy of the village 2-4 Termination of a state of emergency...... 8-6 Pensions and retirement. See also that subject EMPLOYEES. See: OFFICERS AND EM- Length of service award plan for volun- PLOYEES teer firefighters 2-170 et seq. ENCLOSURES. See: FENCES, WALLS, Pension and certain other benefits for HEDGES AND ENCLOSURES fire and police employees 2-159 et seq. Pension and certain other benefits for ENERGY EFFICIENCY BUILDING CODE general employees 2-146 et seq. Adopted by reference 6-150 Planning and development; filing fees and ENGINE EXHAUST cost for changes 21-1, 21-2 Social security 2-136 et seq. Noise control policy 19-108 See: SOCIAL SECURITY EROSION CONTROL STRUCTURES Taxation. See that subject Construction regulations 5-93 et seq. Village manager 2-118 See: BOATS, DOCKS AND WATER- FINES, FORFEITURES AND OTHER PEN- WAYS ALTIES EXCAVATIONS Code enforcement board; fines and liens 2-178 Bulkhead lines 7-1 et seq. Code of ordinances, provisions re general See: BULKHEAD LINES penalty and continuing violations 1-8 Stormwater management 21-61 et seq. Parking violation 18-37, 18-38 See: STORMWATER MANAGEMENT Pension and certain other benefits for fire Street excavations 24-16 et seq. and police employees See: STREETS, SIDEWALKS AND PUB- Board of trustees for; forfeiture of mem- LIC PLACES bership on board for absenteeism. 2-164(b) Contributions; forfeitures 2-163(d) EXCRETA Dog waste, removal provisions re 4-31, 4-32 FIRE PREVENTION AND PROTECTION Barbecue grills and similar cooking devices 19-10 Code enforcement board, applicability re.. 2-173 F Department of public safety, provisions re FENCES, WALLS, HEDGES AND ENCLO- fire division 2-76(c) SURES See: PUBLIC SAFETY DEPARTMENT Landsca in 27-31 et se Fire division p' g q. See: LANDSCAPING Composition 12-30 Swimming pool requirements 25-5 Created; functions 12-29 Emergency medical technician volun- FINANCES teers 12-32 Budget procedures 2-2 Equipment Country club, provisions re 9-21(d), 9-32 Acquisition 12-52 Court cost Fire alarm system 12-53 Assessment of additional court costs for Generally 12-51 criminal justice education expendi- Housing 12-54 tures 1-9 Private use of equipment........... 12-55 Department of finance Tampering with equipment 12-56 Finance director; duties Impersonating fireman 19-8 Accounts of receipts and expendi- Motor equipment and members' cars des- tures 2-59(8) ignated emergency vehicles 12-31 Budget duties 2-59(2) Personnel Cancellation of evidences of old debt 2-59(9) Badges 12-41 Collect moneys and fees due village . 2-59(12) Car insignia 12-42 Examine books 2-59(6) Other officers accountable to chief... 12-39 Financial statements 2-59(3) Police assistance................... 12-43 Fiscal supervision over officers...... 2-59(5) Special police powers 12-40 Keep accounts 2-59(4) Volunteer firefighters, length of service Pay village employees 2-59(11) award plan for 2-170 et seq. Prescribe form 2-59(1) See: PENSIONS AND RETIREMENT Receive and disburse moneys 2-59(10) Florida fire prevention code j Responsibility for proceeds of bonds . 2-59(7) Adopted by reference 12-16 Supp. No. 24 "2942 CODE INDEX Section Section FIRE PREVENTION AND PROTECTION FLORIDA, STATE OF. See: STATE (Cont'd.) Hazardous substances, cost recovery for FOLLOWING, PRECEDING cleanup, abatement and removal of Definitions and rules of construction 1-2 Authority of public safety department.. 12-102 FOOD AND FOOD PREPARATION Cost reimbursement to village......... 12-103 Barbecue grills and similar cooking devices 19-10 Definitions 12-101 Exceptions for fire suppression services 12-105 FORFEITURES. See: FINES, FORFEITURES Late fee for failure to reimbursement 12-106 AND OTHER PENALTIES Records 12-104 Remedies 12-107 FOWL. See: ANIMALS AND FOWL Pension and certain other benefits for fire FRANCHISES and police employees 2-159 et seq. Enumerated. See Appendix D See: PENSIONS AND RETIREMENT Use of rights-of--way for utilities.......... 28-1 et seq. FIREARMS AND WEAPONS See: UTILITIES Concealed weapons, carrying 19-184 Forfeiture; disposition 19-186 Possession 19-183 Sales restricted GAMBLING Record of sales required 19-185(c) Animals, causing to fight 4-8 Specified weapons, display and sale of . 19-185(b) GARAGE AND OTHER SALES Switchblade knives prohibited......... 19-185(a) Garage sales 17-61 Stench bombs prohibited 19-82 permit required 17-62 See: STENCH BOMBS Violations and penalties 17-63 FLOOD DAMAGE PREVENTION GARBAGE AND TRASH Abrogation and greater restrictions 12.5-8 Abandoned, inoperative and junked prop- Areas of special flood hazard erty Basis for establishment 12.5-7 Definitions........................... 14-37 Warnings regarding designations 12.5-10 Disposition of property 14-48 Building official Hearing Designated as flood damage control ad- Procedure for hearin g 14-45 ministrator 12.5-21 Request for hearing................ 14-44 Duties and responsibilities 12.5-23 Impounded property, redemption of 14-51 Definitions 12.5-5 Liability of owner or occupant......... 14-52 Development permit Notices Required 12.5-22 Content of notice 14-42 Findings of fact 12.5-2 Contents of public sale notice 14-49 Flood hazard reduction provisions Notice of removal 14-47 Coastal high hazard areas 12.5-44 Notice to remove 14-40 General standards Procedure 14-41 Anchoring 12.5-41(1) Prima facie evidence of violation....... 14-39 Construction materials and methods 12.5-41(2) Prohibited conditions; enumerated ex- Enclosures below lowest floor 12.5-41(6) ceptions 14-38 Mechanical and utility equipment... 12.5-41(5) Public sale 14-50 Subdivision proposals 12.5-41(4) Removal of property from premises 14-46 Utilities 12.5-41(3) Responsibility for removal 14-43 Regulatory floodways 12.5-43 Boats; refuse disposal................... 5-12 Sand dunes and mangrove stands 12.5-45 Garbage collection and disposal Specific standards Charges Nonresidential construction......... 12.5-42{2) Commercial use property waste dis- Residential construction............ 12.5-42(1) posal fees and collection proce- Interpretation 12.5-9 dures................,....... 14-30 Lands to which provisions applies........ 12:5-6 Fee for excess amounts from commer- Methods of reducing flood losses 12.5-4 cial establishments 14-28 Noncompliance, penalties for 12.5-11 Generally 14-27 Statement of purpose and objectives...... 12.5-3 When and where paid 14-29 Statutory authorization 12.5-1 Definition............................ 14-23 Variance procedure 12.5-24 Frequency of collection................ 14-26 Supp. No. 24 2943 r a NORTH PALM BEACH CODE Section Section GARBAGE AND TRASH (Contd.) HOME OCCUPATIONS (ConfdJ Garbage cans Occupational licenses. See also that subject Kept covered 14-25 Generally............................ 17-16 et seq. Required 14-24 Home occupation provisions Landscaping; refuse container areas....... 27-41 Affidavit of applicant required 17-2(e) Public services department Appeals 17-2(g) Refuse disposal division 2-85(5) Requirement of occupational license . 17-2(c) Weeds and brush 14-79 et seq. Permitted uses, home occupations as 17-2(a) See: WEEDS AND BRUSH Repeal of ordinances 17-2(h) Standards 17-2(d) GATHERINGS. See: ASSEMBLIES Violation of standards or conditions deemed GENDER a Code violation 17-2(f) Definitions and rules of construction 1-2 HORNS GUNS. See: FIREARMS AND WEAPONS Noise control 19-103 HOUSING g Boats, docks and waterways; anchoring and mooring HANDBILLS Use of vessel for dwelling purposes in Distribution restricted 19-7 prohibited area.................. 5-24 HANDGUNS. See: FIREARMS AND WEAP- HOUSING CODE ONS Adopted by reference 15-1 HANDICAPPED PERSONS. See: DISABLED Amendments 15-2 .AND HANDICAPPED PERSONS Code enforcement board, applicability re.. 2-173 HAZARDOUS SUBSTANCES I Recovery of costs for cleanup, abatement and removal 12-101 et seq. IMPERSONATION See: FIRE PREVENTION AND PRO- Impersonating police officer; fireman or TECTION other village ofFicial 19-8 HEALTH AND SANITATION IMPOUNDMENT Animals and fowl, provisions re 4-11 et seq. Abandoned, inoperative and junked prop- See: ANIMALS AND FOWL erty Bathing regulations Redemption of impounded property 14-51 Diseased persons prohibited from bath- Boats, docks and waterways; unlawfully ing in public pool, etc............ 19-3 anchored or moored vessels Boats, docks, etc., provisions re 5-10 et seq. Department of public safety to im- See: BOATS, DOCKS AND WATER- pound 5-18 WAYS Owner to be notified upon impound- Code enforcement board, applicability re.. 2-173 went 5-19, 5-20 Garbage and trash 14-23 et seq. Dogs and cats 4-30 See: GARBAGE AND TRASH Park and recreation facilities; failure to INDECENCY AND OBSCENITY cooperate in keeping restrooms neat Adult entertainment establishments or sanitar 20-2 Zoning regulations re. See: ZONING (Ap- y Rabies control 4-42 et seq. pendix C) See: ANIMALS AND FOWL Alcoholic beverage establishments; nudity, Weeds and brush 14-79 et seq. partial nudity, sexual conduct prohib- See: WEEDS AND BRUSH ited 3-4 Topless costumes 19-64 HEDGES. See: FENCES, WALLS, HEDGES Vulgar language 19-65 AND ENCLOSURES Window peeping 19-66 HITCHHIKING INSURANCE EXCISE TAXES Prohibitions 19-6 Casualty insurance premiums 26-16 Property insurance premiums............ 26-17 HOME OCCUPATIONS Definitions 17-2(b) INTRACOASTAL WATERWAY Effective date 17-2(i) Marine sanctuary, designation as 5-101 Supp. No. 24 2944 CODE INDEX Section Section INVESTMENTS LANDSCAPING (Cont'd.) Investment policy of the village 2-4 Defmitions 27-31 Improved nonresidential properties in ex- J istence on September 23, 1971 Applicable requirements 27-40(b) JOINT AUTHORITY Exceptions 27-40(c) Definitions and rules of construction 1-2 Objectives 27-40(a) JUNK Planning commission, submission of plans Abandoned, inoperative and junked prop- to 27-40(d) 14-37 et se Objectives 27-32 erty q' Off-street parking landscape manual 27-38 See: GARBAGE AND TRASH Plot use plan approval prerequisite to issu- H ante of permits for building and pav- ing 27-37 KNIVES. See: FIREARMS AND WEAPONS Refuse container areas 27-41 Scope; applicability 27-34 L Weeds and brush 14-79 et seq. See: WEEDS AND BRUSH LAKE WORTH Zoning ordinance, conflict with........... 27-39 Marine sanctuary, designation as 5-101 Regulations governing construction of docks, LIBRARY piers in Lake Worth and Atlantic Damaging property unlawful 16-1 Ocean........... 5-85 Department of library Librarian 2-93 LAND Library board Buildings; construction on public land pro- Appointment 16-17 hibited 6-1 Compensation, service without........ 16-20 Planning and development 21-01 et seq. Composition . See: PLANNINGAND DEVELOPMENT • • • • • • • • • 16-17 Established 16-16 Subdivision regulations 36-1 et seq. See: SUBDIVISIONS (Appendix B) Meetings 16-23 Organization 16-21 LANDSCAPING Powers and duties 16-22 Accessways 27-36 Qualifications........................ 16-19 Appearance plan (Appendix A). See that Removal from office 16-24 subject Term of office 16-17 Application of provisions; enforcement.... 27-33 Vacancies 16-18 Certain yard areas, off-street parking and other vehicular use areas LICENSES AND PERMITS Existing plant material 27-67 Alarm permit............................ 19-208 et seq. Installation 27-60 See: ALARMS Maintenance 27-61 Boat launching area permits............. 5-34 Parking area interior landscaping 27-65 Boats, docks and waterways Perimeter landscaping relating to abut- Limitation on anchoring and mooring in ting properties 27-64 prohibited area; mooring permit Plant material required..........._....:....... 5-17 Ground covers 27-62(e) Bulkhead lines; filling permit............ 7-16 et seq. Lawn grass . 27-62(f) See: BULKHEAD LIATES ualit 27-62(a) Bulkheads and seawalls 5-72 Q y Shrubs and hedges 27-62(c) Code enforcement board, applicability re.. 2-173 Tree species 27-62(b) Driveways. See herein: Sidewalk and Drive- Vines 27-62(d) way Permits Required landscaping adjacent to public Emergency medical services 11.5-21 rights-of-way 27-63 Flood damage prevention development per- Scope, applicability 27-59 mit............................... 12.5-22 Sight distance adjacent to public rights- Garage, related sales 17-62 o£-way and points of access....... 27-66 Home occupations. See also that subject Certificate of completion 27-35 Generally..................... , 17-16 et seq. Code enforcement board, applicability re.. 2-173 Occupational license for home occu- Completed landscaping required for certif- pations 17-2(c) et seq. icate of use and occupancy.......... 27-37 Noise control; special permits excepted 19-119 Supp. No. 25 2945 i NORTH PALM BEACH CODE 1" Section Section LICENSES AND PERMITS (Cont'd.) LOTS (Cont'd.) Occupational licenses. Zoning regulations 45-1 et seq. Application for 17-18 See: ZONING (Appendix C) Commercial vehicles, marking of 17-33.1 LOUDSPEAKERS Compliance by principal deemed compli- ance by agent 17-29 Noise control policy re loudspeakers and Delin uenc enalt 17-20 devices for advertising 19-105 q Y P Y Doing business not covered by license.. 17-28 Duplicate licenses 17-27 M Duration 17-19 MANAGER. See: VILLAGE MANAGER False statements Engaging in business without license MANGROVE. STANDS or under license issued on 17-32 Flood damage prevention provisions...... 12.5-45 License obtained by void ab initio 17-28 Half-year license 17-19 MAPS. See: SURVEYS, MAPS AI\?D PLATS Home occupations. See also that subject MARINE SANCTUARIES Generally 17-16 et seq. Designated...... 5-101 Occupational license for home oc- cupations 17-2(c) et seq. i`'IAY, SHALL Issuance 17-19 Definitions and rules of construction 1-2 Noncompliance of principal............ 17-29 n,IpyOR Nonprofit enterprise, special permit for 17-22 Civil disorders and disturbances Posted or carried, license to be 17-26 Mayor designated local authority for pres- Refund of fee 17-30 ervation of public peace.......... 8-21 Registration required 17-17 Village council; presiding officer at meet- Renewal 17-20 ings............................... 2-18 Required; basis of one year............ 17-16 Specified professions, how tax construed MEASURES. See: WEIGHTS AND MEA- i as to 17-21 SURES Suspension or revocation 17-30 Tax exemptions 17-31 Tax schedule 17-33 Transfer of license New location 17-25 New owner 17-24 Variable factors within applicant's knowl- edge, declaration where fee de- pends on 17-23 When due and payable 17-19 Park and recreation facilities; meeting and gathering permits 20-31 et seq. See: PARKS, PLAYGROUNDS AND RECREATION Public services department, division of per- mits and inspections 2-85(1) Seawalls. See herein: Bulkheads and Sea- walls Sidewalk and driveway permits.......... 24-55 et seq. See: STREETS, SIDEWALKS AND PUB- LIC PLACES Street excavation permits 24-28, 24-29 Swimming pool permits 25-3 Utilities Use ofrights-of--way for utilities; written permit 28-2, 28-3 LOGO Villagelogo 1-10 LOTS Subdivision design standards 36-18 Supp. No. 25 2946 CODE INDEX Section Section POLLUTION Smoke, dust, odors, liquids, etc........... 19-9 Stormwater management provisions re pol- lutantloads 21-67 Waterways, pollution of 5-13 Supp. No. 24 2950.1 Q l 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 RABIES CONTROL Abandoned, inoperative and junked prop- 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 Z-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 sanita ry 20-2 PUBLIC RECORDS. See: DOCUMENTS AND RETIREMENT. See: PENSIONS AND RE- PUBLIC RECORDS TIREMENT .PUBLIC SAFETY DEPARTMENT Boats, docks and waterways; unlawfully S 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. 27 2951 i NORTH PALM BEACH CODE Section Section t 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 Defimitions 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) Equipment to be guarded 24-18 Signs and outdoor displays 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, taniping 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 t Zoning Missiles, throwing 19-83 \ C-3 Regional Business District 45-34.1(7) 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 olic 2-136 Profanity; vulgar language prohibited 19-65 P Y Exclusions from coverage 2-137 Public services department Records and reports 2-141 Division of permits and inspections 2-85(1) Streets maintenance division.......... 2-85(6) Social security act adopted 2-143 Withholding and reporting agent.......... 2-142 Sidewalks and driveways Withholding from wages 2-139 Dangerous or abandoned driveways.... 24-46 Performance of work by village upon SPITTING failure of compliance 24-47 Spitting in public places prohibited....... 19-5 Permits STATE Driveway construction Definitions and rules of construction 1-2 Application; information required. 24-58 Prohibited in certain instances 24-57 r STENCH BOMBS Required 24-56 Excepted uses 19-82(c) Separate permits required for drive- Possession prohibited 19-82(b) ways and sidewalk construction 24-55 Throwing or depositing 19-82(a) Sidewalks Constructed required in certain cases 24-41 STORMWATER MANAGEMENT Exceptions to requirements 24-42 Adoption 21-61 .Specifications Applicability 21-61 Driveways....... 24-43(c) Design 21-61 Generally 24-43(a) Finished floor of structures, level of 21-63 Sidewalks 24-43(b) Objectives of system design.. 21-68 Village engineer, driveways to be con- Open channels and outfall ditches........ 21-66 strutted under supervision of 24-44 Post development runoff rates, volumes and pollutant loads 21-67 Storm drainage facilities generally 21-64 Supp. No. 27 2952 CODE INDEX Section Section TELEPHONES V Alarms; interference with public safety de- partment trunk line prohibited 19-215 VILLAGE Definitions and rules of construction 1-2 TELEVISION Cable television rate regulation 17-1 VILLAGE COUNCIL TENSE Compensation 2-16 Definitions and rules of construction 1-2 Definitions and rules of construction 1-2 Meetings THEFT Adjournment of all meetings 2-19 Combat Auto Theft (CAT) 18-19 Regular meetings Presiding officer 2-18 TIME When held 2-17 Definitions and rules of construction 1-2 Rules of procedure. See herein that sub- TRAFFIC. See: MOTOR VEHICLES AND ject TRAFFIC Rules of procedure Order of business 2-26 TRAILERS Parliamentary rules _ 2-27 Personal recreational use trailers; parking Village clerk, duties re 2-67 on residential property restricted 18-35 VILLAGE LOGO TRASH. See: GARBAGE AND TRASH Adoption 1-10(b) TREES AND SHRUBBERY Description 1-10(a) Code enforcement board, applicability re.. 2-173 Registration 1-10(d) Landscaping 27-31 et seq. Unlawful practices._.................... 1-10(c) See: LANDSCAPING Missiles throwin 19-83 VILLAGE MANAGER ' g ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Administrative code, provisions re 2-39 et seq. Parks and recreation facilities; climbing trees, etc 20-4 See: ADMINISTRATIVE CODE Swale areas, trees in Bond 2-117 Definitions 27-16 Budget................................. 2-118 Maintenance 27-20 Budget procedures, duties re............. 2-2 Planting and removal; written approval Removal . 2-116 required 27-17 Residency 2-115 Scope 27-19 VOYEURISM Variety and location 27-18 Window peeping prohibited 19-66 U W UTILITIES Flood damage prevention provisions...... 12.5-41(3), (5) WALLS. See: FENCES, WALLS, KEDGES Franchises enumerated. See Appendix D AND ENCLOSURES Street construction work; cost of changing or removal of public utilities 24-4 WATER SHORTAGE EMERGENCIES Subdivision design standards re easements Application 19-201 and ri hts-of-wa 36-22(a) Defimitions 19-200 'g y........... Subdivisions, required improvements re 36-32 Enforcement Telecommunications service tax.......... 26-51 et seq. Emergency power 19-204 See: TAXATION Generally 19-203 Use of rights-of--way for utilities Implementation Code enforcement board, applicability Exemptions 19-202(b) re 2-173 Permanent restrictions 19-202(a) Rules and regulations adopted 28-1 Sanitation, exception to maintain 19-205 Written permit (franchise) Violations and penalties 19-206 Contents 28-3 • Required; term 28-2 WATER SUPPLY AND DISTRIBUTION Stormwater management 21-61 et seq. UTILITY TAX See: STORMWATER MANAGEMENT Collection 26-30 Wellfield protection 19-220, 19-221 Exemption 26-31 Zoning; C-3 Regional Business District Levied; rate 26-29 Surface water management........... 45-34.1(8) Supp. No. 29 2955 NORTH PALM BEACH CODE Section Section WATERWAYS. See: BOATS, DOCKS AND ZONING (Generally) (Cont'd.) WATERWAYS Subdivision regulations 36-1 et seq. See: SUBDIVISIONS (Appendix B) WATERWAYS BOARD Composition; terms; vacancies 5-103 Created 5-102 Duties 5-105 Organization 5-104 Removal 5-106 WEAPONS. See: FIREARMS AND WEAP- ONS WEEDS AND BRUSH Lien Recorded statement of removal costs con- stitutes lien; collection........... 14-83 Notice to destroy 14-80 Owner to bear costs of removal 14-82 Prohibited over certain height 14-79 Removal by village 14-81 WEEK Definitions and rules of construction 1-2 WEIGHTS AND MEASURES Motor vehicle operation; weight limitations on certain roads 18-18 Noise measurement procedure 19-113 WELLFIELD PROTECTION Business activities with potential to con- 1\ taminate land and water resources, regulation o£ 19-221 County wellfield protection ordinance adopted by reference 19-220 WRITTEN, IN WRITING Definitions and rules of construction 1-2 I Y YARDS AND OPEN SPACES ~ Landscaping 27-31 et seq. See: LANDSCAPING Zoning regulations 45-27 et seq. See: ZONING (Appendix C) YEAR Definitions and rules of construction 1-2 Z ZONING (Generally) Appearance plan (Appendix A). See that subject Code enforcement board, applicability re.. 2-173 Home occupations 17-2(a) et seq. See: HOME OCCUPATIONS Landscaping; conflict with zoning ordi- nance 27-39 Planning commission; changes to zoning ~ ~ ordinances 21-12 Supp. No. 29 2956 LThe next page is 2965]