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Code of Ordinances Supplement 61SUPPLEMENT NO. 61 June 2015 CODE OF ORDINANCES Village of NORTH PALM BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 2015 -07, adopted April 23, 2015. See the Code Comparative Table for further information. Included in the Charter is: Ordinance No. 2015 -06, adopted April 9, 2015. See the Charter Comparative Table for further information. Remove Old Pages xi —xvi Checklist of Up -to -Date pages SH:1, SH:2 10.7 -12 65 152.7 -153 159 -160.2 891, 892 1051 1067 1225 - 1228.1 2895 2938.1 -2940 2945 -2948 Insert New Pages xi —xvi Checklist of Up -to -Date pages (following Table of Contents) SH:1, SH:2 11 -12.1 65 153 -154.1 159 -160.2 891, 892 1051 - 1052.1 1067 -1070 1225 - 1228.2 2895 2939 - 2940.1 2945 - 2948.1 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] Supplement History Table .... ............................... SHA PART I CHARTER Charter...................... ............................... 1 Art. I. Corporate Name .............................. 3 Art. I.A. Vision Statement ........................... 3 Art. II. Territorial Boundaries ....................... 5 Art. III. Legislative .. ............................... 10.5 Art. IV. Administrative .............................. 15 Art. V. Qualifications and Elections .................. 17 Art. VI. Transition Schedule ......................... 18 Charter Comparative Table ... ............................... 65 PART II Chapter 1. General Provisions ........ ............................... 77 2. Administration ........... ............................... 133 Art. I. In General .... ............................... 135 Art. II. Council ...... ............................... 138.7 Div. 1. Generally ............................... 138.7 Div. 2. Rules of Procedure ....................... 138.8 Art. III. Administrative Code ........................ 138.8 Div. 1. Generally ............................... 138.8 Div. 2. Audit Committee ........................ 139 Div. 3. Department of Finance ................... 140 Div. 4. Department of Records ................... 140.1 Div. 5. Department of Law Enforcement (Police De- partment) ............................... 141 Div. 6. Fire Rescue Department .................. 141 Div. 7. Department of Public Works .............. 142 Div. 8. Department of Library ................... 142 Div. 9. Department of Country Club ............. 143 Div. 10. Department of Recreation ............... 143 Supp. No. 61 Xi NORTH PALM BEACH CODE Chapter Page 6. Buildings and Building Regulations ....................... Div. 11. Department of Community Development . 143 Art. IV. Manager .... ............................... 144 Art. V. Pensions and Retirement Systems ............ 144 Div. 1. Generally ............................... 144 Div. 2. Reserved . ............................... Div. 2. Social Security ........................... 144 387 Div. 3. Pension and Certain Other Benefits for Gen- 388 Art. V. Signs and Outdoor Displays .................. eral Employees .......................... 145 VI. Reserved .... ............................... Div. 4. Pension and Certain Other Benefits for Fire VII. Reserved ... ............................... 401 7. Bulkhead Lines ........... ............................... and Police Employees .................... 152.3 I. In General .... ............................... Div. 5. Length of Service Award Plan for Volunteer II. Filling Permit ............................... 455 8. Emergency Firefighters ............................. 164 Art. Div. 6. ICMA Defined Contribution Pension Plan.. 164.1 Art. VI. Code Enforcement .......................... 164.2 Art. VII. Alternate Method of Code Enforcement...... 169 3. Alcoholic Beverages ....... ............................... 211 4. Animals and Fowl ........ ............................... 263 Art. I. In General .... ............................... 265 Art. II. Dogs and Cats .............................. 267 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 ........................... 385 Div. 1. Generally ............................... 385 Div. 2. Reserved . ............................... 387 Div. 3. Certificate of Appropriateness ............. 387 Art. IV. Abatement of Unsafe or Unsanitary Buildings 388 Art. V. Signs and Outdoor Displays .................. 392.1 Art. VI. Reserved .... ............................... 401 Art. VII. Reserved ... ............................... 401 7. Bulkhead Lines ........... ............................... 453 Art. I. In General .... ............................... 455 Art. II. Filling Permit ............................... 455 8. Emergency Management .. ............................... 507 Art. I. In General .... ............................... 509 Supp. No. 61 %ii TABLE OF CONTENTS— Cont'd. Chapter Page Art. II. Civil Disorders and Disturbances ............. 510 Art. III. Exempt Employee Emergency Duty.......... 511 9. Country Club ............. ............................... 559 Art. I. In General .... ............................... 561 Art. II. Golf Advisory Board ......................... 562 Art. III. Finances .... ............................... 563 10. Elections ................ ............................... 615 Art. I. In General .... ............................... 617 Art. II. Reserved .... ............................... 618 Art. III. Reserved .... ............................... 618 Art. IV. Polling Locations ........................... 618 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. Reserved .... ............................... 726 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances ........... 726 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. Reserved . ............................... 893 Art. III. Reserved .... ............................... 894 Art. IV. Abatement of Public Nuisances on Private Prop - erty........................................ 894 15. Housing ................ ............................... 945 Art. I. In General .... ............................... 947 Art. II. Abandoned Real Property .................... 949 16. Library ................. ............................... 997 Art. I. In General .... ............................... 999 Art. II. Library Board ............................... 999 Supp. No. 61 %iii NORTH PALM BEACH CODE Chapter Page 17. Licenses and Miscellaneous Business Regulations......... 1051 Art. I. In General .... ............................... 1053 Art. II. Local Business Tax .......................... 1057 Art. III. Businesses Located Outside Village Limits ... 1060.4 Art. IV. Simulated Gambling Devices ................ 1063 Art. V. Ambulances .. ............................... 1065 Art. VI. Garage and Other Sales ..................... 1066 Art. VII. Business Advisory Board ................... 1066 Art. VIII. Peddlers and Solicitors .................... 1067 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 ............. 1175 19. Offenses and Miscellaneous Provisions ................... 1225 Art. I. In General .... ............................... 1227 Art. II. Sexual Offenders and Sexual Predators ....... 1228.2 Art. III. Offenses Against Property ................... 1228.2 Art. IV. Offenses Against Public Morals .............. 1228.2 Art. V. Offenses Against Public Peace ................ 1229 Art. VI. Noise Control .............................. 1229 Art. VII. Reserved ... ............................... 1232 Art. VIII. Weapons .. ............................... 1232 Art. IX. Water Shortage Emergencies ................ 1237 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 ....................... 1347 Art. III. Board of Adjustment ........................ 1348 Art. IV. Concurrency Management ................... 1350 Art. V. Stormwater Management .................... 1363 Art. VI. Archaeological Site Protection Regulations ... 1366.1 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 Supp. No. 61 xiv TABLE OF CONTENTS— Cont'd. Chapter Page Art. II. Excavations .. ............................... 1519 Art. I. In General .... ............................... Div. 1. Generally ............................... 1519 1683 Div. 2. Permit ... ............................... 1520 Art. III. Sidewalks and Driveways ................... 1520 Div. 2. Reserved . ............................... Div. 1. Generally ............................... 1520 Div. 2. Permits .. ............................... 1523 25. Swimming Pools ......... ............................... 1573 Art. I. In General .... ............................... 1575 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. IV. Required Improvements ..................... 2368.1 Art. V. Enforcement Provisions ...................... 2372 Art. VI. Amendments ............................... 2378 Art. VII. Legal Status ............................... 2379 C. Zoning ................... ............................... 2479 Art. I. In General .... ............................... 2480.1 Art. II. Generally .... ............................... 2484 Art. III. District Regulations ........................ 2487 Arts. IV, V. Reserved . ............................... 2515 Art. VI. Amendments —Fees; Waiting Periods......... 2515 Art. VII. Nonconforming Uses of Land and Structures. 2516 D. Franchises ............... ............................... 2619 Supp. No. 61 Xv NORTH PALM BEACH CODE Page Statutory Reference Table ..... ............................... 2819 Code Comparative Table -1970 Code ......................... 2869 Code Comparative Table —Laws of Florida .................... 2873 Code Comparative Table— Ordinances ........................ 2875 Charter Index ................ ............................... 2933 Code Index .................. ............................... 2935 Supp. No. 61 %vi 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 a page- 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 56 13, 14 25 iii 1 15, 16 33 V, vi OC 16.1 33 vii, viii 0C 17, 18 25 ix OC 19 25 x.i, x.ii 1 65 61 x.m 1 77 OC xi, xii 61 79,80 OC xiii, xiv 61 81,82 58 xv, xvi 61 83 58 SH:1, SH:2 61 133 52 1 25 134.1, 134.2 34 3,4 25 135, 136 60 5,6 25 137, 138 60 7,8 25 138.1, 138.2 60 9, 10 29 138.3, 138.4 60 10.1, 10.2 53 138.5, 138.6 60 10.3, 10.4 53 138.7, 138.8 60 10.5, 10.6 53 138.9, 138.10 60 11, 12 61 139, 140 34 12.1 61 140.1, 140.2 28 [1] Supp. No. 61 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 141,142 52 331, 332 58 143, 144 52 332.1 58 144.1 52 333, 334 45 145,146 47 335 45 147, 148 47 381, 382 60 149, 150 47 383, 384 53 151,152 47 385, 386 53 152.1, 152.2 47 387, 388 60 152.3, 152.4 47 389, 390 60 152.5, 152.6 60 391, 392 60 153, 154 61 392.1, 392.2 60 154.1 61 392.3, 392.4 60 155, 156 46 392.5 60 157, 158 52 393, 394 56 159, 160 61 395, 396 56 160.1, 160.2 61 397, 398 56 161, 162 46 398.1 56 162.1, 162.2 46 398.15, 398.16 40 163, 164 52 399,400 53 164.1, 164.2 52 401 53 164.3 52 453 OC 165, 166 48 455,456 22 167, 168 48 507 57 169, 170 48 509, 510 57 211 OC 511,512 57 213,214 19 559 36 263 59 561, 562 52 265,266 59 563 40 266.1 59 615 36 267,268 52 617,618 36 269 52 671 2 319 29 673 24 321, 322 46 695 13 323, 324 52 697 52 325, 326 55 723 52 326.1 46 725, 726 52 327, 328 27 727 52 329, 330 58 777 OC [2] Supp. No. 61 CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 779, 780 OC 1177 36 781, 782 OC 1225 61 783, 784 OC 1227, 1228 61 785, 786 OC 1228.1, 1228.2 61 787, 788 OC 1229, 1230 55 789 OC 1231, 1232 55 839 OC 1233 55 889 39 1237, 1238 52 891,892 61 1239, 1240 52 893,894 52 1241, 1242 52 895 50 1289 52 945 41 1291,1292 52 947,948 49 1293, 1294 29 948.1 49 1295 29 949,950 41 1343 4 951 41 1345,1346 60 997 OC 1346.1 60 999, 1000 22 1347, 1348 45 1051, 1052 61 1349, 1350 45 1052.1 61 1350.1, 1350.2 45 1053, 1054 31 1351, 1352 33 1054.1, 1054.2 31 1353, 1354 33 1054.3, 1054.4 31 1355, 1356 33 1055, 1056 36 1356.1 33 1057, 1058 33 1357, 1358 OC 1059, 1060 33 1359, 1360 33 1060.1, 1060.2 43 1361, 1362 33 1060.3, 1060.4 43 1363, 1364 52 1060.5 43 1364.1 52 1061, 1062 8 1365, 1366 33 1063, 1064 54 1366.1, 1366.2 52 1065, 1066 54 1366.3, 1366.4 33 1067,1068 61 1367 5 1069, 1070 61 1411 OC 1121 OC 1463 OC 1171 OC 1465, 1466 52 1173, 1174 52 1517 OC 1175, 1176 36 1519, 1520 OC [3] Supp. No. 61 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 1521, 1522 47 2365, 2366 OC 1523 47 2367,2368 37 1573 24 2368.1 37 1575, 1576 29 2369, 2370 OC 1627 9 2371, 2372 OC 1629, 1630 27 2373, 2374 33 1631 27 2375, 2376 33 1681 OC 2377, 2378 33 1683, 1684 33 2379 33 1684.1, 1684.2 24 2479, 2480 60 1685, 1686 OC 2480.1, 2480.2 50 1687, 1688 17 2481, 2482 53 1689, 1690 17 2483, 2484 53 1739 14 2485 53 1741, 1742 21 2486.1, 2486.2 41 1781 21 2486.3, 2486.4 41 1783, 1784 21 2486.5, 2486.6 41 1785, 1786 33 2487, 2488 59 1787, 1788 33 2489, 2490 59 1788.1 33 2491, 2492 59 1789, 1790 21 2493, 2494 59 1791, 1792 21 2495, 2496 59 1793, 1794 21 2497, 2498 59 1795, 1796 21 2499, 2500 59 2043 OC 2501, 2502 59 2045, 2046 33 2503, 2504 59 2046.1 25 2504.1, 2504.2 59 2047, 2048 OC 2504.3, 2504.4 59 2049, 2050 OC 2504.5, 2504.6 59 2051, 2052 OC 2504.7, 2504.8 59 2053 OC 2505, 2506 10 2353 OC 2507, 2508 13 2355, 2356 OC 2509, 2510 60 2357, 2358 33 2510.1, 2510.2 60 2359, 2360 33 2510.2.1 60 2361, 2362 33 2510.3, 2510.4 54 2363, 2364 33 2510.5, 2510.6 54 2364.1 33 2510.7, 2510.8 54 [4] Supp. No. 61 CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 2510.9, 2510.10 54 2517, 2518 22 2510.11, 2510.12 54 2619 48 2510.12.1, 2510.12.2 54 2819, 2820 60 2510.12.3 54 2869, 2870 OC 2510.13, 2510.14 25, Add. 2871 OC 2510.15, 2510.16 25, Add. 2873 OC 2510.17, 2510.18 25, Add. 2875, 2876 OC 2510.19, 2510.20 25, Add. 2877, 2878 OC 2510.21, 2510.22 25, Add. 2879, 2880 OC 2510.23, 2510.24 51 2881, 2882 14 2510.25, 2510.26 25, Add. 2883, 2884 14 2510.27, 2510.28 25, Add. 2885, 2886 19 2510.29, 2510.30 25, Add. 2887, 2888 25, Add. 2510.31, 2510.32 25, Add. 2889, 2890 33 2510.33, 2510.34 25, Add. 2891, 2892 51 2510.35, 2510.36 51 2893, 2894 60 2510.37, 2510.38 25, Add. 2895 61 2510.39, 2510.40 25, Add. 2933, 2934 25 2510.41, 2510.42 25, Add. 2935, 2936 59 2510.43, 2510.44 25, Add. 2937, 2938 60 2510.45, 2510.46 25, Add. 2939, 2940 61 2510.47, 2510.48 25, Add. 2940.1 61 2510.49, 2510.50 25, Add. 2941, 2942 58 2510.51, 2510.52 25, Add. 2942.1 58 2510.53, 2510.54 25, Add. 2943, 2944 55 2510.55, 2510.56 25, Add. 2945, 2946 61 2511, 2512 57 2947, 2948 61 2512.1, 2512.2 57 2948.1 61 2512.2.1, 2512.2.2 57 2949, 2950 55 2512.3, 2512.4 49 2951, 2952 55 2512.5, 2512.6 50 2953, 2954 55 2512.7, 2512.8 51 2955, 2956 55 2512.9, 2512.10 57 2957, 2958 36 2512.11, 2512.12 51 2959, 2960 53 2512.13 51 2513, 2514 OC 2515, 2516 60 2516.1 60 [5] Supp. No. 61 SUPPLEMENT HISTORY TABLE The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Code Book and are considered "Included." Ordinances that are not of a general and permanent nature are not codified in the Code Book and are considered "Omitted." In addition, by adding to this table with each supplement, users of this Code of Ordinances will be able to gain a more complete picture of the Code's historical evolution. Ord. No. Date Adopted Included/ Omitted Supp. No. 2010 -18 10 -28 -10 Included 49 2010 -21 11 -18 -10 Included 49 2011 -01 1 -27 -11 Included 50 2011 -02 2 -10 -11 Included 50 2011 -03 2 -10 -11 Included 50 2011 -04 2 -10 -11 Included 50 2011 -05 4 -14 -11 Included 51 2011 -06 4 -14 -11 Included 51 2011 -07 4 -14 -11 Omitted 51 2011 -08 5 -12 -11 Omitted 51 2011 -09 5 -26 -11 Included 51 2011 -10 5 -26 -11 Included 51 2011 -11 6 -23 -11 Included 51 2011 -12 6 -23 -11 Omitted 51 2011 -13 7 -14 -11 Omitted 51 2011 -14 7 -14 -11 Included 51 2011 -15 8 -25 -11 Omitted 52 2011 -16 9 -22 -11 Omitted 52 2011 -17 9 -22 -11 Omitted 52 2011 -18 9 -22 -11 Included 52 2011 -19 10 -13 -11 Included 52 2011 -21 11 -10 -11 Included 52 2011 -22 12- 8 -11 Included 52 2010 -05 3 -11 -10 Included 53 2012 -01 1 -12 -12 Omitted 53 2012 -02 3- 8 -12 Included 53 2012 -03 3 -22 -12 Included 53 2012 -04 5 -10 -12 Included 54 2012 -05 6 -28 -12 Omitted 54 2012 -06 7 -26 -12 Included 54 2012 -07 7 -26 -12 Included 54 Supp. No. 61 SH:1 NORTH PALM BEACH CODE Ord. No. Date Adopted Included/ Omitted Supp. No. 2012 -08 8- 9 -12 Included 54 2012 -09 9 -27 -12 Omitted 55 2012 -10 9 -27 -12 Omitted 55 2012 -11 11- 8 -12 Omitted 55 2013 -01 1 -10 -13 Omitted 55 2013 -02 2 -14 -13 Included 55 2013 -03 3 -14 -13 Omitted 55 2013 -04 4 -25 -13 Included 55 2013 -05 3 -28 -13 Omitted 55 2013 -06 3 -28 -13 Omitted 55 2013 -07 4 -11 -13 Included 55 2013 -08 5- 9 -13 Omitted 56 2013 -09 5 -23 -13 Included 56 2013 -10 7 -11 -13 Omitted 57 2013 -11 8 -22 -13 Omitted 57 2013 -12 9 -26 -13 Omitted 57 2013 -13 9 -26 -13 Omitted 57 2013 -14 9 -26 -13 Included 57 2014 -01 1 -23 -14 Included 57 2014 -02 3 -27 -14 Included 58 2014 -03 4 -10 -14 Included 58 2014 -04 4 -10 -14 Omitted 58 2014 -05 6 -26 -14 Included 59 2014 -06 7 -24 -14 Included 59 2014 -07 8 -14 -14 Included 59 2014 -08 9 -25 -14 Omitted 60 2014 -09 9 -25 -14 Included 60 2014 -10 9 -25 -14 Omitted 60 2014 -11 9 -25 -14 Included 60 2014 -12 10 -23 -14 Omitted 60 2014 -13 12 -11 -14 Included 60 2014 -14 12 -11 -14 Included 60 2015 -01 1- 8 -15 Omitted 60 2015 -02 4- 9 -15 Omitted 61 2015 -03 3 -12 -15 Included 61 2015 -04 4- 9 -15 Included 61 2015 -05 4- 9 -15 Included 61 2015 -06 4- 9 -15 Included 61 2015 -07 4 -23 -15 Included 61 2015 -08 5 -14 -15 Omitted 61 Supp. No. 61 SH:2 CHARTER (b) Forfeiture of office. A council member shall forfeit his office if he lacks at any time during his term of office any qualification for the office pre- scribed by this charter or by law. (c) Filling of vacancies. A vacancy of the coun- cil shall be filled in one of the following ways: (1) If there are less than six (6) months remaining in the unexpired term or if there are less than six (6) months before the next regular village election, the council by a majority vote of the remaining members shall choose a successor to serve until the newly elected council member is qualified. (2) If there are more than six (6) months remaining in the unexpired term and no regular village election is scheduled within six (6) months, the council shall fill the vacancy on an interim basis as provided in (1), and shall schedule a special election to be held not sooner than sixty (60) days, nor more than ninety (90) days following the occurrence of the vacancy and if a runoff election is necessary, it shall be scheduled two (2) weeks after the special election. Notwithstanding any quorum requirements established herein, if at any time the membership of the council is reduced to less than a quorum, the remaining members may by majority vote, appoint additional mem- bers under either (1) or (2) above. (d) Extraordinary vacancies. In the event that all members of the council are removed by death, disability, law or forfeiture of office, the governor shall appoint an interim council that shall call a special election as provided in (c) above and such election shall be held in the same manner as the first (1st) election under this charter. (e) Vacancies when no candidates. There may be an occasion when there are no candidates for a normal council vacancy at the time of a regularly scheduled or special election. In the event this occurs, a majority of the council shall fill the vacancy as noted in (c)(1) above and shall sched- ule any necessary election as noted in (c)(2) above. (Ord. No. 1 -76, § 1, 2- 19 -76; Ord. No. 33 -2002, § 1, 12- 12 -02; Ord. No. 2015 -06, § 2, 4 -9 -15) Editor's note —Ord. No. 33 -2002, was passed by vote in an election held March 11, 2003. Section 6. Prohibitions. (a) Appointment and removals. Neither the council nor any of its members shall in any manner dictate the appointment or removal of Supp. No. 61 11 §7 any village administrative officers or employees whom the manager or any of his subordinates are empowered to appoint, but the council may ex- press its views and fully and freely discuss with the manager anything pertaining to appointment and removal of such officers and employees. (b) Interference with administration. Except for the purpose of inquiries and investigations, the council or its members shall deal with village officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately. Nothing in the foregoing is to be construed to prohibit individual members of the council from closely scrutinizing by questions and personal observa- tion, all aspects of village government operations so as to obtain independent information to assist the members in the formulation of sound policies to be considered by the council. It is the express intent of this charter, however, that recommenda- tions for improvement in village government op- erations by individual council members be made to and through the village manager, so that the manager may coordinate efforts of all village departments to achieve the greatest possible sav- ings through the most efficient and sound means available. (c) Holding other office. No former elected vil- lage official shall hold any compensated appoint- ive village office or employment until one (1) year after the expiration of the term for which he was elected. (Ord. No. 1 -76, § 1, 2- 19 -76) Section 7. Turnover of documents. It shall be the duty of every officer of the village within ten (10) days after the expiration of his term of office or of his removal therefrom, to deliver to his successor in office, or to such person as the council may designate, all books, records, papers, vouchers and property of every kind in his possession or control, belonging to the municipal- ity. (Ord. No. 1 -76, § 1, 2- 19 -76) §8 NORTH PALM BEACH CODE Section 8. Council- appointed officials. The council shall have power to employ and retain engineers, judges, prosecutors, accoun- tants and attorneys. The council shall have the power to create and abolish all offices and fix and determine the authority, duties and compensation of all appointed officers, assistants and employ- ees. (Ord. No. 1 -76, § 1, 2- 19 -76) Section 9. Procedure. (a) Meetings. The council shall meet regularly at least once in every month at such times and places as the council may prescribe by rule. Spe- cial meetings may be held on the call of the mayor or of a majority of the members and, whenever practicable, upon no less than forty -eight (48) hours' notice to each member and the public. (b) Rules and journal. The council shall deter- mine its own rules and order of business. (c) Voting. Voting, on ordinances and resolu- tions, shall be recorded in the journal. A majority of the council shall constitute a quorum; but a smaller number may adjourn from time to time and may compel the attendance of absent mem- bers in the manner and subject to the penalties prescribed by the rules of the council. No action of the council except as otherwise provided in the preceding sentence and in § 5, shall be valid or binding unless adopted by the affirmative vote of the majority of a quorum present, and no ordi- nance or resolution shall be adopted unless by the affirmative vote of at least three (3) council mem- bers. (Ord. No. 1 -76, § 1, 2- 19 -76; Ord. No. 34 -2002, § 1, 12- 12 -02) Editor's note —Ord. No. 34 -2002, was passed by vote in an election held March 11, 2003. Section 10. Initiative and referendum. (a) (1) Initiative. The qualified voters of the village shall have power to propose ordi- nances to the council and, if the council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a village election, provided that such power shall not extend to the budget or capital program or any ordi- Supp. No. 61 12 nance relating to appropriation of money, levy of taxes or salaries of village officers or employees. (2) Referendum. The qualified voters of the village shall have power to require recon- sideration by the council of any adopted ordinance and, if the council fails to re- peal an ordinance so reconsidered, to ap- prove or reject it at a village election, provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relat- ing to appropriation of money, levy of taxes or salaries of village officers or em- ployees. (b) Commencement of proceedings. Any five (5) qualified voters may commence initiative or ref- erendum proceedings by filing with the village clerk or other official designated by the council an affidavit stating they will constitute the petition- ers' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the clerk or other official des- ignated by the council may, at the committee's request, issue the appropriate petition blanks to the petitioners' committee at the committee's ex- pense. (c) Petitions. (1) Number of signatures. Initiative and ref- erendum petitions must be signed by qual- ified voters of the village equal in number to at least fifteen percent (15 %) of the total number of qualified voters regis- tered to vote at the last regular village election. (2) Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be fol- lowed by the address of the person sign- CHARTER ing. Petitions shall contain or have at- tached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. Supp. No. 61 12.1 § 10 Chapter Number 31481(1956) 73 -564 Ordinance Number 29 -80 11 -86 03 -95 24 -96 33 -96 20 -99 16 -2002 27 -2002 31 -2002 33 -2002 34 -2002 35 -2002 36 -2002 37 -2002 38 -2002 39 -2002 40 -2002 03 -2003 10 -2004 33 -2004 2006 -24 2007 -04 2007 -05 2008 -10 2010 -05 2010 -18 2015 -06 CHARTER COMPARATIVE TABLE Section Art. I 1 Date Section 10- 9 -80 1 9 -11 -86 1 2- 9 -95 7 -11 -96 8 -22 -96 5 -27 -99 1 5 -23 -02 1 9 -26 -02 1 12 -12 -02 1 12 -12 -02 1 12 -12 -02 1 12 -12 -02 1 12 -12 -02 1 12 -12 -02 1 12 -12 -02 1 2 3 4 12 -12 -02 1 12 -12 -02 1 2 -13 -03 1 7- 8 -04 l(Exh. A) 12- 9 -04 l(Exh. A) 11- 9 -06 3 3- 8 -07 2 3- 8 -07 2 9 -I1 -08 2(Exh. A) 3 -I1 -10 2(Exh. A) 10 -28 -10 2(Exh. A) 4- 9 -15 2 Added Added Added Rpld Added Added Added Added Added Added Disposition Article /Section I/ II /1 Disposition Article /Section III /2 IIIM IU1 IU1 IU1 II /1 II /1 II /1 I.A. III/5(e) III/9(a) /10 III/11(a) —(c) III /12 IV /7 IV /7 IV /8 IV /9 IV /10 V/3 IV /7 II /1 II /1 II /1 III/12(note) II /1 II /1 II /1 II /1 II /1 III/5(c) [The next page is 77] Supp. No. 61 65 ADMINISTRATION ings after December 31, 2008 and pursuant to Internal Revenue Code Section 414(u)(7), the def- inition of earnings includes amounts paid by the village as differential wages to members who are absent from employment while serving in quali- fied military service. For Police Officer members only, effective the first full payroll following Octo- ber 1, 2013, Police Officers will be limited to three hundred (300) hours of overtime per officer per fiscal year. For Firefighter members only, effective the first full payroll following December 11, 2014, Firefighters will be limited to two hundred (200) hours of overtime per firefighter per fiscal year. Effective date means March 1, 1967, the date on which this plan initially became effective. The effective date of this restated plan is the date as of which the village council adopts the plan. Employee means each actively employed full - time firefighter and police officer of the village. Employer means the Village of North Palm Beach, Florida. Firefighter means any person employed in the fire department who is certified as a firefighter as a condition of employment in accordance with the provisions of F.S. § 633.35, and whose duty it is to extinguish fires, to protect life, and to protect property. The term firefighter includes all certi- fied, supervisory, and command personnel whose duties include, in whole or in part, the supervi- sion, training, guidance, and management respon- sibilities of full -time firefighters, part -time fire- fighters, or auxiliary firefighters but does not include part -time firefighters or auxiliary firefight- ers. Fund means the trust fund established herein as part of the plan. Member means an employee who fulfills the prescribed participation requirements. Normal retirement date means for each mem- ber the first day of the month coincident with or next following the date on which the member attains age fifty -five (55) or the date on which the member attains age fifty -two (52) and has twenty - five (25) years of credited service. A member may retire on this normal retirement date or on the first day of any month thereafter. Supp. No. 61 153 § 2 -160 Plan or system means the Village of North Palm Beach Fire and Police Retirement Fund as contained herein and all amendments thereto. Plan year means each year commencing on October 1, and ending on September 30. Police officer means any person employed in the police department who is certified as a law enforcement officer as a condition of employment in accordance with the provisions of F.S. § 943.14, and who is vested with authority to bear arms and make arrests, and whose primary responsi- bility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic or highway laws of the state. This definition in- cludes all certified supervisory and command per- sonnel whose duties include, in whole or in part, the supervision, training, guidance, and manage- ment responsibilities of full -time law enforcement officers, part -time law enforcement officers, or auxiliary law enforcement officers, but does not include part -time law enforcement officers or aux- iliary law enforcement officers as the same are defined in F.S. §§ 943.10(6) and 943.10(8), respec- tively. Any public safety officer who is responsible for performing both police and fire services and who is certified as a police officer or firefighter shall be considered a police officer. Spouse shall mean the lawful wife or husband of a member at time of preretirement death or retirement. (Ord. No. 9 -82, § 1, 6- 10 -82; Ord. No. 1 -92, § 1, 2- 13 -92; Ord. No. 30 -95, §§ 1, 2, 10- 12 -95; Ord. No. 2008 -18, § 2, 11- 13 -08; Ord. No. 2010 -01, § 2, 1- 14 -10; Ord. No. 2011 -22, § 2, 12 -8 -11; Ord. No. 2014 -11, § 2, 9- 25 -14; Ord. No. 2015 -05, § 2, 4 -9 -15) Sec. 2 -160. Membership. (a) Conditions of eligibility. Each person who becomes an employee must become a member of the plan as a condition of his employment. Each such employee shall be considered a member immediately upon hire. (b) Application for membership. Each eligible employee shall, within thirty (30) days of becom- ing eligible, complete an application form cover- § 2 -160 NORTH PALM BEACH CODE ing the following points, as well as such other be reinstated as member of the plan and points or items as may be prescribed by the board: shall be given credit for his previous cred- ited service. servi (1) Acceptance of the terms and conditions of (Ord. Nit d se 2, 6- 10 -82; Ord. No. 1 -92, § 2, the plan; 2- 13 -92; Ord. No. 2008 -18, § 3, 11- 13 -08) (2) Designation of a beneficiary or beneficia- ries; (3) Authorization of a payroll deduction pay- able to the plan as hereinafter provided; (4) Provision of acceptable evidence of his date of birth; (5) A certified statement as to prior medical history; and (6) A written release allowing distribution of all medical records to the board. (c) Change in designation of beneficiary. Amem- ber may, from time to time, change his designated beneficiary by written notice to the board upon forms provided by the board. Upon such change, the rights of all previously designated beneficia- ries to receive any benefit under the plan shall cease. Sec. 2 -161. Benefit amounts. (a) Normal retirement benefit. (1) (d) Buy -back of previous service. Each member of the plan who terminates his employment with the employer and who is subsequently reem- (2) ployed by the employer shall be permitted to "buy- back" his previous credited service under the following conditions: (1) The length of time between the member's termination date and his subsequent re- employment date is not limited. (2) The member must pay into the fund an amount equal to the sum of the amount he withdrew from the fund when he termi- nated employment, plus interest thereon at the rate of seven (7) percent from the date of withdrawal to the date of repay- ment. (3) The board shall notify the employee of the total amount payable, as described above. Payment must be made within ninety (90) days of such notification. (4) Upon timely payment of the required amount, the employee shall immediately Supp. No. 61 154 Amount. Each member who retires on or after his normal retirement date shall be eligible to receive a normal retirement benefit commencing on his actual retire- ment date. The monthly normal retire- ment benefit shall be an amount equal to the sum of two and one half (21/2) percent of his average monthly earnings multi- plied by the member's credited service for the first twenty -four (24) years; zero (0) percent of his average monthly earnings multiplied by the member's credited ser- vice for each year after twenty -four (24) years up to thirty (30) years; and two (2) percent of his average monthly earnings multiplied by the member's credited ser- vice for each year in excess of thirty (30) years. Form of benefit. The normal retirement benefit shall commence on the member's actual retirement date and be payable on the first day of each month thereafter, with the last payment being the one next preceding the retiree's death. If the mem- ber should die before one hundred twenty (120) monthly payments are made, pay- ments are then continued to the desig- nated beneficiary until one hundred twenty (120) monthly payments in all have been made, at which time the benefits cease. (3) Optional forms of benefit. In lieu of the form of benefit just described, a member may choose an optional form of benefit as provided in section 2 -162 below. (4) One hundred (100) percent vesting. Each member who attains normal retirement date or reaches ten (10) years of credited service shall be one hundred (100) percent vested in their accrued benefit. ADMINISTRATION (b) Early retirement benefit. A member retiring hereunder on or after his early retirement date may receive either a deferred or an immediate monthly retirement benefit as follows: (1) A deferred monthly retirement benefit which shall commence on the normal re- tirement date and shall be continued on the first day of each month thereafter during his lifetime, guaranteed for one hundred twenty (120) monthly payments. The amount of the benefit shall be deter- mined and paid in the same manner as for retirement at the member's normal retire- ment date except that average monthly earnings and credited service shall be determined as of his early retirement date; or (2) An immediate monthly retirement benefit which shall commence on the member's early retirement date and shall be contin- Supp. No. 61 154.1 § 2 -161 ADMINISTRATION b. April 1 of the calendar year follow- ing the calendar year in which the member attains age seventy and one - half (70 1/2). (3) If an employee dies before his entire vested interest has been distributed to him, the remaining portion of such interest will be distributed at least as rapidly as provided for under this Plan and will comply with the incidental death benefit under Inter- nal Revenue Code Section 401(a)(9)(G). (4) All distributions under this Plan will be made in accordance with this section, Internal Revenue Code Section 401(a)(9) and the regulations thereunder, notwith- standing any provisions of this Plan to the contrary, effective beginning January 1, 2003. (Ord. No. 9 -82, § 3, 6- 10 -82; Ord. No. 20 -82, § 1, 11- 18 -82; Ord. No. 1 -92, § 3, 2- 13 -92; Ord. No. 6 -95, § 1, 3 -9 -95; Ord. No. 30 -95, § 3, 10- 12 -95; Ord. No. 20 -2000, §§ 1, 2, 8- 10 -00; Ord. No. 08 -2001, § 1, 4- 12 -01; Ord. No. 13 -2003, §§ 1 -3, 5 -8 -03; Ord. No. 2008 -18, § 4, 11- 13 -08; Ord. No. 2010 -01, § 3, 1- 14 -10; Ord. No. 2011 -03, § 2, 2- 10 -11; Ord. No. 2011 -22, § 3, 12 -8 -11; Ord. No. 2014 -11, § 3, 9- 25 -14) Sec. 2 -162. Optional forms of benefits. Each member entitled to a normal, early, dis- ability or vested retirement benefit shall have the right, at any time prior to the date on which benefit payments begin, to elect to have his or her benefit payable under any one (1) of the options hereinafter set forth in lieu of benefits provided herein, and to revoke any such elections and make a new election at any time prior to the actual beginning of payments. The value of op- tional benefits shall be actuarially equivalent to the value of benefits otherwise payable, and the present value of payments to the retiring member must be at least equal to fifty (50) percent of the total present value of payments to the retiring member and his/her beneficiary. The member shall make such an election by written request to the board, such request being retained in the board's files. Notwithstanding any other provi- sion of this section, a retired member may change his or her designation of joint annuitant or bene- Supp. No. 61 159 § 2 -162 ficiary up to two (2) times as provided in F.S. § 175.333 without the approval of the board of trustees or the current joint annuitant or benefi- ciary. The retiree is not required to provide proof of the good health of the joint annuitant or bene- ficiary being removed, and the joint annuitant or beneficiary being removed need not be living. Any retired member who desires to change his or her joint annuitant or beneficiary shall file with the board of trustees a notarized notice of such change. Upon receipt of a completed change of joint annu- itant form or such other notice, the board of trustees shall adjust the member's monthly ben- efit by the application of actuarial tables and calculations developed to ensure that the benefit paid is the actuarial equivalent of the present value of the member's current benefit and there is no impact to the plan. The beneficiary or joint annuitant being removed will be assumed de- ceased by the actuary in determining the actuari- ally equivalent amount of the revised monthly payment. No retiree's current benefits shall be increased as a result of the change of beneficiary. (1) Option 1 —Joint and last survivor option. The member may elect to receive a bene- fit, which has been adjusted to the actu- arial equivalent of the normal form of benefit, during his/her lifetime and have such adjusted benefit (or a designated fraction thereof, for example one hundred (100) percent, seventy -five (75) percent, sixty -six and two- thirds (66 2/3) percent or fifty (50) percent) continued after his death to and during the lifetime of his benefi- ciary. The election of option 1 shall be null and void if the designated beneficiary dies before the member's benefit payments com- mence. (2) Option 2— Social security adjustment op- tion. If a member retires before being eligible for social security benefits, he may elect this option. A member may elect to receive a larger pension up to the date he begins receiving social security bene- fits. The member's pension benefits may be reduced or terminated after social se- curity payments begin. The amount of reduction shall be actuarially determined. § 2 -162 NORTH PALM BEACH CODE (3) Option 3 —Other. In lieu of the other op- tional forms enumerated in this section, benefits may be paid in any form ap- proved by the board so long as actuarial equivalence with the benefits otherwise payable is maintained, provided, how- ever, that the board shall not authorize any actuarially equivalent single or lump sum distributions. (Ord. No. 9 -82, § 4, 6- 10 -82; Ord. No. 1 -92, § 4, 2- 13 -92; Ord. No. 20 -2000, § 3, 8- 10 -00; Ord. No. 13 -2003, § 4, 5 -8 -03; Ord. No. 2008 -18, § 5, 11 -13- 08; Ord. No. 2010 -01, § 4, 1- 14 -10) Sec. 2 -163. Contributions. (a) Member contributions. (1) Amount. Members of the plan shall make regular contributions to the fund at a rate equal to two (2) percent of their respective earnings. For Police Officer members only: (i) Effective at the beginning of the first full payroll period after October 1, 2013, the Police Office member con- tribution shall increase to two and sixty -seven one hundredths (2.67) per- cent; (ii) Effective the first full payroll period after October 1, 2014, the Police Of- ficer member contribution shall in- crease to three and thirty -three one hundredths (3.33) percent; and (iii) Effective the first full payroll period after October 1, 2015, the Police Of- ficer member contribution shall in- crease to four (4) percent. For Firefighter members only: (i) Effective the beginning of the first full payroll period after April 1, 2015, the Firefighter member contribution shall increase to three and one -half (3.50) percent; and (ii) Effective the first full payroll period after April 1, 2016, the Firefighter member contribution shall increase to five (5.00) percent. Supp. No. 61 160 (2) Duration. The village shall pick -up, rather than deduct from each member's pay, be- ginning with the date of employment, two (2) percent of the member's basic compen- sation. The monies so picked -up shall be deposited in the fund on a monthly basis. An account record shall be maintained continuously for each member. Pick -up contributions shall continue until death, disability or termination of service, which- ever shall occur first. Contributions shall remain in the fund unless withdrawn as provided in the plan. No member shall have the option to choose to receive the contributed amounts directly instead of having them paid by the village directly to the plan. All such pick -up contributions by the village shall be deemed and be considered as part of the member's accu- mulated contributions and subject to all provisions of the plan pertaining to accu- mulated contributions of members. The intent of this provision is to comply with Section 414(h)(2) of the Internal Revenue Code. For paying Social Security taxes, and for such other purposes except as specified in this plan, the amount of em- ployee contributions "picked -up" or paid by the village will be added to the amount distributed on a current basis in order to determine total wages, salary, pay or com- pensation. In the event that the employer agrees to assume and pay member contri- butions in lieu of direct contributions by the member, such contributions shall ac- cordingly be paid into the plan on behalf of the members. No member subject to such agreement shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the employer directly to the plan. All such contributions by the employer shall be deemed and considered as part of the member's accumulated contributions and subject to all provisions of this plan per- taining to accumulated contributions of members. The intent of this language is to comply with section 414(h)(2) of the Inter- nal Revenue Code. (3) Interest. Interest shall be credited to mem- ber contributions as of September 30 of ADMINISTRATION each year at a rate equal to the change in the consumer price index, published by the U.S. Bureau of Labor Statistics, over the twelve -month period ending on the previous June 30. The maximum rate for any year shall be seven (7) percent and the minimum rate shall be zero (0) per- cent. (4) Guaranteed refund. All benefits payable under this plan are in lieu of a refund of accumulated contributions. In any event, however, each member shall be guaran- teed the payment of benefits on his behalf at least equal in total amount to his accumulated contributions. (b) State contributions. Any monies received or receivable by reason of the laws of the State of Florida for the express purpose of funding and paying for the benefits of police officers or fire- fighters shall be deposited in the fund within the time prescribed by law. Such monies shall be for the sole and exclusive use of members or may be used to pay extra benefits for members. (c) Employer contributions. So long as this plan is in effect, the employer shall make contri- butions to the fund in an amount at least equal to the difference in each year as between the aggre- gate member and state contributions for the year and the total cost for the year as shown by the most recent actuarial valuation report for the system. The total cost for any year shall be defined as the total of normal cost plus the addi- tional amount sufficient to amortize the unfunded actuarial liability in accordance with applicable laws of the State of Florida. The employer's con- tribution shall be deposited on at least a quarterly basis. (d) Forfeitures. Any forfeitures arising shall be applied to reduce future contributions to the plan. No forfeited amount shall be applied to change benefit amounts for members. (Ord. No. 9 -82, § 5, 6- 10 -82; Ord. No. 23 -86, § 1, 12- 11 -86; Ord. No. 1 -92, § 5, 2- 13 -92; Ord. No. 30 -95, § 4, 10- 12 -95; Ord. No. 29 -96, § 1, 7- 25 -96; Ord. No. 2014 -11, § 4, 9- 25 -14; Ord. No. 2015 -05, § 3, 4 -9 -15) § 2 -164 Sec. 2 -164. Board of trustees — Generally. (a) Composition. The board of trustees shall consist of five (5) members: four (4) of whom shall be elected by a majority of the members of the plan. Two (2) of the elected members shall be certified firefighters of the village, and two (2) shall be certified police officers of the village. The fifth member of the board shall be a legal resident of the village and shall be appointed by the village council. Each of the elected board members shall be appointed for a period of four (4) years, unless he sooner leaves the employment of the village or forfeits membership on the board, whereupon a successor shall be elected by a majority of the members of the plan. Each of the elected board members may succeed himself in office. The resi- dent member shall be a trustee for a term of four (4) years unless he forfeits membership on the board and he may succeed himself in office. The resident member shall be appointed by the village council for a term commencing October 1, 1998, and expiring April 30, 1999. The resident member shall be appointed by the village council for a two -year term commencing May 1, 1999, and on the first day of May of each second year thereaf- ter. The resident member shall hold office at the pleasure of the village council. The fifth member shall have the same rights as each of the other four (4) members appointed or elected as herein provided. The trustees shall by majority vote elect from its members a chairman and a secretary. The secretary of the board shall keep a complete minute book of the actions, proceedings, or hear- ings of the board. The trustees shall not receive any compensation as such, but may receive ex- penses and per diem as provided by law. Supp. No. 61 160.1 (b) Report and records. The secretary of the board shall keep, or cause to be kept in convenient form, such data as shall be necessary for an actuarial valuation of the assets and liabilities of the system. The fiscal year for the keeping of records and rendering reports shall be from Octo- ber 1 through September 30. (c) Board meetings. The board shall meet at least quarterly each year. All board meetings shall be held at village hall. At any meeting of the board, three (3) trustees shall constitute a quo- rum. Any and all acts and decisions shall be by at § 2 -164 NORTH PALM BEACH CODE least three (3) members of the board; however, no trustee shall take part in any action in connection with his or her own participation in the plan, and no unfair discrimination shall be shown to any individual participating in the plan. (d) Power to bring and defend lawsuits. The board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature and description. The board shall be independent of the village to the extent required to accomplish the intent, requirements, and re- sponsibilities provided for in this article and ap- plicable law. (Ord. No. 9 -82, § 6, 6- 10 -82; Ord. No. 14 -87, § 1, 9- 10 -87; Ord. No. 1 -92, § 6, 2- 13 -92; Ord. No. 22 -98, § 1, 9- 24 -98; Ord. No. 06 -2002, § 3, 2- 28 -02; Ord. No. 2006 -04, § 1, 3- 23 -06; Ord. No. 2006 -07, § 2, 3, 5- 25 -06; Ord. No. 2010 -01, § 5, 1- 14 -10) Sec. 2 -165. Prior service. Unless otherwise prohibited by law, the years or fractional parts of years that a member previ- ously served as a firefighter, police officer or public safety officer with the village during a period of employment and for which accumulated contributions were withdrawn from the fund, or the years and fractional parts of years that a member served as a firefighter, police officer or public safety officer for this or any other munici- pal, county, state or federal fire, police or public safety department, or any time served in the military service of the armed forces of the United States, shall be added to the years of credited service provided that: (1) The member contributes to the fund the sum that would have been contributed, based on the member's salary and the employee contribution rate in effect at the time that the credited service is re- Supp. No. 61 160.2 HEALTH AND SANITATION ARTICLE I. IN GENERAL Secs. 14- 1- 14 -15. Reserved. ARTICLE II. GARBAGE, TRASH AND REFUSE* DIVISION 1. GENERALLY Secs. 14- 16- 14 -22. Reserved. DIVISION 2. GARBAGE COLLECTION AND DISPOSAL Sec. 14 -23. Definition. As used in this division, "commercial garbage" shall mean every refuse accumulation of animal, fruit or vegetable matter that attends the prepa- ration, use, cooking and dealing in, or storage of meats, fish, fowl, fruits or vegetables, and any other matter of any nature whatsoever which is subject to decay and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ - carrying insects. (Code 1970, § 18 -1) Cross reference —Rules of construction and definitions generally, § 1 -2. Sec. 14 -24. Garbage cans — Required. Garbage containers at each commercial estab- lishment within the village and at each multifam- ily dwelling which contains three (3) or more units shall provide dumpster -type garbage con- tainers which can be collected by village garbage vehicles using the dumpster collection method. (Code 1970, § 18 -23; Ord. No. 6 -75, § 1, 6- 12 -75) Sec. 14 -25. Same —To be kept covered. All commercial garbage cans shall be kept tightly covered at all times, except when neces- sary to lift the covers for the purpose of depositing garbage in the garbage can or for the purpose of emptying such garbage into a garbage truck. (Code 1970, § 18 -24) *Cross reference — Refuse disposal divisions, § 2 -85(e) Supp. No. 61 891 Sec. 14 -26. Frequency of collection. § 14 -28 Commercial garbage shall be collected at least three (3) times a week, and with greater fre- quency and in such manner as shall be directed by the village manager. (Code 1970, § 18 -41) Sec. 14 -27. Charges — Generally. All property within the village which is im- proved by a structure for which a certificate of occupancy is issued after February first of any year and for which garbage and trash collections are made by the village shall pay the following fees for collection and disposal of garbage and trash during the remainder of that calendar year in which the certificate of occupancy is issued: (1) One- and two - family homes, four dollars and twenty -three cents ($4.23) per dwell- ing unit per month, or fraction thereof. (2) Dwellings of three (3) units or more, four dollars and twenty -three cents ($4.23) per unit per month, or fraction thereof. Where a dwelling of three (3) or more units is a condominium and the condominium asso- ciation or the developer of the condomin- ium notifies the director of public works, garbage and trash fees shall be billed to the individual owners of condominium units. (3) For commercial establishments, four dol- lars and twenty -three cents ($4.23) per month, or fraction thereof. (Code 1970, § 18 -49; Ord. No. 2 -74, § 1; Ord. No. 2006 -24, § 2.E.1, 11 -9 -06) Sec. 14 -28. Same —Fee for excess amounts from commercial establishments. In the event any commercial establishment has more than two (2) cubic yards of garbage at any one (1) pickup, the occupant thereof shall pay one dollar ($1.00) per cubic yard for all garbage col- lected in excess of two (2) cubic yards. In the event any commercial establishment has more than six (6) cubic yards of garbage picked up during any § 14 -28 NORTH PALM BEACH CODE one (1) week, the occupant thereof shall pay one dollar ($1.00) per cubic yard for all garbage col- lected in excess of six (6) cubic yards per week. (Code 1970, § 18 -48) Sec. 14 -29. Same -When and where paid. All payments required by this division shall be made to the village by the fifteenth of the month for which service is rendered. All delinquent ac- counts are subject to stoppage of service without notice. If a delinquent account is not paid within thirty (30) days, the director of public works shall cease all refuse collection for that account unless otherwise directed by the village manager. Ser- vice shall be resumed thereafter only upon pay- ment of the accumulated fees for the period of collection and the period of noncollection unless the village manager specifically directs otherwise. The stoppage of service herein authorized for nonpayment of collection charges shall be in ad- dition to the right of the village to proceed for the collection of such unpaid charges in a manner provided by law. (Code 1970, § 18 -53; Ord. No. 2 -74, § 2; Ord. No. 2006 -24, § 2.E.2, 11 -9 -06) Sec. 14 -30. Commercial use property waste disposal fees and collection pro- cedures. (1) For purposes of this section, commercial use property shall include all property parcels in the village upon which a building exists with the exception of residential use property, village - owned property and other property used for gov- ernmental purposes. (2) Annual disposal fees for garbage and trash and all other refuse collected by the Village of North Palm Beach shall be charged as provided in the master fee schedule adopted annually as part of the village budget, except as otherwise stated. Occupancy category is as determined by the Palm Beach County Solid Waste Authority. Total square feet is as determined by the Palm Beach County Property Appraiser. (3) Waste disposal fees shall be due and pay- able to the village yearly in advance on October 1 of each year regardless of occupancy or use of the Supp. No. 61 892 property charged. The fees shall be billed to the property owner of record as shown on the county tax rolls. Failure to pay the fees when due may result in the discontinuance of the waste removal service and/or the placing of a lien by the village council in the amount of the fees due against the property to which service is available, and/or action by the village code enforcement board. (4) The collection of garbage and trash by a private person, firm, or corporation hired for such purpose is prohibited except where the village is unable to meet service demands. (Ord. No. 37 -90, § 1, 10- 25 -90; Ord. No. 34 -91, § 1, 11- 14 -91; Ord. No. 18 -92, § 1, 10- 22 -92; Ord. No. 19 -94, § 1, 10- 13 -94; Ord. No. 8 -96, § 1, 2 -8 -96; Ord. No. 3 -98, § 1, 1 -8 -98; Ord. No. 29 -2000, § 1, 9- 28 -00; Ord. No. 29 -2002, § 1, 10- 10 -02; Ord. No. 2006 -20, § 2, 9- 28 -06; Ord. No. 2006 -28, § 2, 12- 14 -06; Ord. No. 2007 -21, § 2, 12- 13 -07; Ord. No. 2008 -16, § 2, 10- 23 -08; Ord. No. 2014 -09, § 11, 9- 25 -14; Ord. No. 2015 -07, § 2, 4- 23 -15) Sec. 14 -31. Collection of residential yard waste. (a) Definition. For the purposes of this section, yard waste shall include grass clippings, leaves, shrub trimmings, palm fronds and tree limbs. Yard waste shall not include dirt, rocks and similar materials removed from property utilizing mechanical equipment or other waste resulting from land clearing activities. (b) Requirements for collection. (1) Loose yard waste. Loose yard waste, such as grass clippings and leaves, shall be placed in standard thirty -two (32) to fifty (50) gallon cans or sealed plastic bags, with each container weighing less than fifty (50) pounds. (2) Branches, tree limbs, shrub clippings and palm fronds. a. All branches, tree limbs, shrub clip- pings and palm fronds shall be cut into lengths not exceeding four (4) Chapter 17 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS* Article I. In General Sec. 17 -1. Cable television rate regulation. Sec. 17 -2. Customer service requirements and performance standards. Sec. 17 -3. Home occupations. Secs. 17- 4- 17 -15. Reserved. Article II. Local Business Tax Sec. 17 -16. Business tax imposed; basis of one year. Sec. 17 -17. Registration required. Sec. 17 -18. Application for business tax receipt. Sec. 17 -19. Issuance of receipt; duration; half -year receipt; when due and payable. Sec. 17 -20. Business tax receipt renewal; delinquency penalty. Sec. 17 -21. How tax construed as to specified professions. Sec. 17 -22. Special permit for nonprofit enterprise. Sec. 17 -23. Declaration where fee depends on variable factors within appli- cant's knowledge. Sec. 17 -24. Transfer of receipt to new owner. Sec. 17 -25. Transfer of receipts to new location. Sec. 17 -26. Receipt to be posted or carried. Sec. 17 -27. Duplicate receipts. Sec. 17 -28. Doing business not covered by receipt; receipt obtained by false statements void ab initio. Sec. 17 -29. Compliance by principal deemed compliance by agent; noncom- pliance of principal. Sec. 17 -30. Suspension or revocation of receipt; refund of fee. Sec. 17 -31. Business tax exemptions. Sec. 17 -32. Engaging in business without receipt or under receipt issued on false statements. Sec. 17 -33. Business tax schedule. Sec. 17 -33.1. Marking of commercial vehicles. Article III. Businesses Located Outside Village Limits Sec. 17 -34. Certificate of business regulation required; basis of one year. Sec. 17 -34.1. Registration required. Sec. 17 -34.2. Application for certificate of regulation. Sec. 17 -34.3. Issuance of certificate of regulation; duration; half -year certifi- cate; when due and payable. Sec. 17 -34.4. Certificate of regulation renewal; delinquency penalty. *Editor's note — Ordinance No. 7 -81, § 1, adopted July 23, 1981, amended the occupational license provisions, formerly codified in Art. H, §§ 17- 16- 17 -28, to be set out in Art. I, §§ 17- 16- 17- 33(a)(b) and Art. II, §§ 17- 34- 17- 34 -14. At the editor's discretion, such provisions have been redesignated as Arts. II and III, and §§ 17- 33(a), (b) and §§ 17- 34- A- 17 -34 -14 have been redesignated as 17 -33.1 and 17- 34.1 -17- 34.13, respectively, in order to maintain Code format. Former Arts. III —V of Ch. 17 have been renumbered as Arts. IV —VI to facilitate the inclusion of this amendment. The deleted sections previously derived from Code 1970, §§ 20- 1 -20 -14 and 20 -21, and Ord. No. 11 -72, § 1. Cross references — Enforcement of Ch. 17 by code enforcement inspector, § 2 -171 et seq.; alcoholic beverages, Ch. 3; boat operators required to comply with license laws, § 5 -5; requirement of occupational license for different classes of contractors, § 6 -74; sign permits, § 6 -113; bulkhead filling permits, § 7 -16 et seq.; registration of electricians required, § 11 -36; noise control regulations, § 19 -99 et seq.; regulation of business activities with potential to contaminate land and water resources, § 19 -221; permits for meetings and gatherings in public parks, § 20 -31 et seq.; permits for street excavations, § 24 -28 et seq.; permits for sidewalks and driveways, § 24 -55 et seq.; construction permits for swimming pools, § 25 -23 et seq. Supp. No. 61 1051 NORTH PALM BEACH CODE Sec. 17 -34.5. Special permit for nonprofit enterprise. Sec. 17 -34.6. Duplicate certificates of regulation. Sec. 17 -34.7. Doing business not covered by certificate of regulation; certificate Sec. 17 -43. obtained by false statements void ab initio. Sec. 17 -34.8. Compliance by principal deemed compliance by agent; noncom- Sec. 17 -45. pliance of principal. Sec. 17 -34.9. Suspension or revocation of certificate of regulation; refund of fee. Sec. 17- 34.10. Certificate of regulation fee exemptions. Sec. 17- 34.11. Engaging in business without certificate of regulation or under certificate issued on false statements. Sec. 17- 34.12. Certificate of regulation fee schedule. Sec. 17- 34.13. Marking of commercial vehicles. Secs. 17- 35- 17 -39. Reserved. Article IV. Simulated Gambling Devices Sec. 17 -40. Definitions. Sec. 17 -41. Intent. Sec. 17 -42. Prohibition of simulated gambling devices. Sec. 17 -43. Exemptions. Sec. 17 -44. Conflict with state law. Sec. 17 -45. Enforcement. Secs. 17- 46- 17 -49. Reserved Article V. Ambulances Sec. 17 -50. Definition. Sec. 17 -51. Unlawful operation. Secs. 17- 52- 17 -60. Reserved. Article VI. Garage And Other Sales Sec. 17 -61. Garage sales. Sec. 17 -62. Permit required. Sec. 17 -63. Violations. Secs. 17- 64- 17 -70. Reserved. Article VII. Business Advisory Board Sec. 17 -71. Created. Sec. 17 -72. Composition; terms; vacancies. Sec. 17 -73. Organization. Sec. 17 -74. Mission; duties. Secs. 17- 75- 17 -80. Reserved. Sec. 17 -86. Article VIII. Peddlers and Solicitors Sec. 17 -81. Purpose. Sec. 17 -82. Definitions. Sec. 17 -83. Permit required. Sec. 17 -84. Application for permit or license. Sec. 17 -85. Granting or rejecting application. Sec. 17 -86. Permit not transferable. Sec. 17 -87. Display of permit. Sec. 17 -88. Limitation on hours for peddling or solicitation. Sec. 17 -89. Prohibited practices. Supp. No. 61 1052 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS Sec. 17 -90. Notice by property owners. Sec. 17 -91. Age restrictions. Sec. 17 -92. Revocation of permit. Sec. 17 -93. Appeal. Sec. 17 -94. Enforcement. Supp. No. 61 1052.1 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS (c) Subsequent terms. Upon expiration of the terms set forth above, each subsequent appoint- ment to the board shall be for a term of three (3) years. (d) Alternate members. Alternate members shall serve for a term of one (1) year, with the initial term expiring on April 30, 2013. Alternate mem- bers shall be appointed as first alternate and second alternate, and shall serve on the board in that order in the event a regular member is absent. (Ord. No. 2012 -06, § 2, 7- 26 -12) Sec. 17 -73. Organization. At the first organizational meeting of the board, the members shall elect a chairman and vice chairman from among the regular members. Sub- sequent to the initial organization meeting, the board shall appoint a chairman and vice chair- man from among its members at the first regular meeting in May of each year. (Ord. No. 2012 -06, § 2, 7- 26 -12) Sec. 17 -74. Mission; duties. (a) Mission. The board shall serve in an advi- sory capacity to the village council, and its mis- sion shall be to promote business development and to support and sustain existing businesses within the village by identifying business oppor- tunities and acting as a liaison between the owners of businesses within the village and the village council. (b) Duties. The board's duties shall consist of the following: (1) Advise the village council as to recom- mended improvements to, and the estab- lishment of, village policies and proce- dures impacting the business community; (2) Review and recommend appropriate com- munication strategies to disseminate vil- lage information to the business commu- nity; (3) Solicit and facilitate business input in matters of significance to the village; Supp. No. 61 1067 § 17 -82 (4) Endeavor to build an expanding commu- nity of support through education of its members, prospective members, commu- nity groups and government officials; (5) Advise the village council and village ad- ministration on business development op- portunities within the village; (6) Identify, analyze and address legislative issues that may impact the business com- munity; and (7) Any additional duties as may be assigned by the village council. (Ord. No. 2012 -06, § 2, 7- 26 -12) Secs. 17- 75- 17 -80. Reserved. ARTICLE VIII. PEDDLERS AND SOLICITORS Sec. 17 -81. Purpose. The purpose of this article is to protect the citizens of the village and their property by ade- quately investigating the character and responsi- bility of itinerant merchants and peddlers travel- ing from house to house soliciting services and goods and to preserve peace and tranquility for village residents. (Ord. No. 2015 -03, § 2, 3- 12 -15) Sec. 17 -82. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Peddler shall mean any itinerant or traveling vendor or trader who carries goods, merchandise or personal property with him and travels about the village for the purpose of selling same to purchasers at their homes or in public places within the village. This definition shall not in- clude vendors who sell their goods from a fixed place of business within the village. Solicitor shall mean any individual, whether a resident of the village or not, traveling by foot, motor vehicle or other conveyance from place to place or house to house in taking or attempting to § 17 -82 NORTH PALM BEACH CODE take orders for the sale of goods, merchandise, (6) Place where the goods or merchandise personal property of any kind or nature for future involved are produced, stored or located, delivery, or for services either furnished or to be and proposed method of delivery; furnished in the future, whether or not any ad- vance payment for such sales or service is being (7) A current photographic likeness of the collected. applicant sufficient to establish identifica- tion; As used in this article, the terms peddler and solicitor shall not include: (1) Individuals engaged in the sale of goods or services who meet with village resi- dents by appointment at the request of the resident; or (2) Residents under the age of sixteen (16) selling cookies, candy, lemonade or simi- lar items. (Ord. No. 2015 -03, § 2, 3- 12 -15) Sec. 17 -83. Permit required. It shall be unlawful for any peddler or solicitor to engage in such business or activity within the corporate limits of the village without first obtain- ing a permit pursuant to this article. (Ord. No. 2015 -03, § 2, 3- 12 -15) Sec. 17 -84. Application for permit or license. (a) Applicants for issuance of a permit pursu- ant to this article must file with the community development director a sworn application in writ- ing, which shall be accompanied by the applica- tion fee established by the village council. The application shall, at a minimum, include the following information: (1) Applicant's name, permanent address and local address (if different); (2) Applicant's age, sex, height, weight and other identifying characteristics; (3) Brief description of the nature of the business and the goods or services to be sold; (4) Name and address of the applicant's prin- cipal or employer organization, together with credentials establishing the relation- ship between the applicant and the appli- cant's principal or employer; (5) Length of time desired for conducting business (not to exceed one (1) year); Supp. No. 61 1068 (8) The license tag number and description of any vehicle to be used by the applicant; (9) Whether the applicant has been convicted of a crime and if so, the nature of the crime; (10) Written authorization for the village to conduct a background check; and (11) Written statement that the applicant will observe and comply with the provisions of this article. (b) An applicant who has been adjudicated guilty or pled nolo contendere to any of the following offenses shall be prohibited from ped- dling or soliciting within the village: (1) Any felony involving violence, regardless of the time elapsed; (2) Any crime against children, regardless of the time elapsed; (3) Any drug offense regarding possession with intent to distribute, regardless of the time elapsed; (4) Any felony conviction within the prior seven (7) years; and (5) Any conviction involving moral turpitude within prior seven (7) years. (Ord. No. 2015 -03, § 2, 3- 12 -15) Sec. 17 -85. Granting or rejecting applica- tion. The community development director shall con- sider each application for a permit filed pursuant to this article and with the consent of the village manager shall either grant or reject such applica- tion and give prompt notice of such action to the applicant. (Ord. No. 2015 -03, § 2, 3- 12 -15) LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS Sec. 17 -86. Permit not transferable. Permits issued pursuant to this article shall not authorize any person or persons, except the persons named in the permit, to engage in any peddling or solicitation. Permits are not transfer- able. (Ord. No. 2015 -03, § 2, 3- 12 -15) Sec. 17 -87. Display of permit. Every person issued a permit pursuant to this article shall carry the permit on his or her person and shall produce same at the request of any village law enforcement or code compliance officer or any person to whom he or she is exhibiting his or her goods or selling or attempting to sell goods or services. (Ord. No. 2015 -03, § 2, 3- 12 -15) Sec. 17 -88. Limitation on hours for peddling or solicitation. No person holding a permit issued pursuant to this article shall engage in any solicitation or peddling on Sundays and shall only engage in such activities within the hours of 10:00 a.m. and 4:00 p.m. the remainder of week (except by ap- pointment or invitation of the person or occupant of a residence), unless specific authorization to the contrary is first obtained from the community development director. (Ord. No. 2015 -03, § 2, 3- 12 -15) Sec. 17 -89. Prohibited practices. It shall be unlawful for any peddler to carry on his or her business by selling his wares by crying them out, blowing a horn, ringing a bell or using any loud or unusual noise or to offer them for sale to the public in any of the public streets, alleys or places within the corporate limits of the village. (Ord. No. 2015 -03, § 2, 3- 12 -15) Sec. 17 -90. Notice by property owners. It shall be unlawful for any person holding a permit issued pursuant to this article to approach the private residence of any person within the village which has been posted by a legible sign at or near the front entrance with words similar to "No Peddling" or "No Soliciting" or to remain on Supp. No. 61 1069 § 17 -93 the premises of any residence within the village after having been requested to leave by the occu- pant. Where a homeowner's or condominium as- sociation's regulations prohibit peddling or solic- iting, the association may post a clearly legible sign at each entrance or street entering the prop- erty or neighborhood indicating that peddling or soliciting is prohibited. (Ord. No. 2015 -03, § 2, 3- 12 -15) Sec. 17 -91. Age restrictions. (a) It shall be unlawful for any person under the age of fourteen (14) to engage in peddling or solicitation. (b) It shall be unlawful for any person under the age of eighteen (18) to engage in peddling or solicitation without direct supervision by a person at least eighteen (18) years of age. Direct super- vision means that the supervising adult shall at all times have the minor in sight and shall in no event be more than one hundred (100) feet away. (Ord. No. 2015 -03, § 2, 3- 12 -15) Sec. 17 -92. Revocation of permit. If a permit holder fails to comply with the provisions of this article or the community devel- opment director subsequently determines that information set forth in the application was false or misleading, the community development direc- tor with the consent of the village manager may revoke the permit and give prompt notice of such action to the permit holder. (Ord. No. 2015 -03, § 2, 3- 12 -15) Sec. 17 -93. Appeal. Any person aggrieved by the action of the community development director or village man- ager in the denial or revocation of a permit as provided by this article shall have the right to appeal to the village council by filing written notice thereof with the village clerk within four- teen (14) days of such denial or revocation and setting forth the grounds for the appeal. The council shall set a time and place for hearing on such appeal and shall so notify the applicant, by mail, not less than five (5) days prior to such scheduled hearing. (Ord. No. 2015 -03, § 2, 3- 12 -15) § 17 -94 Sec. 17 -94. Enforcement. NORTH PALM BEACH CODE The provisions of this section shall be enforced in accordance with section 1 -8 of this code. (Ord. No. 2015 -03, § 2, 3- 12 -15) [The next page is 11211 Supp. No. 61 1070 Chapter 19 OFFENSES AND MISCELLANEOUS PROVISIONS* Article I. In General Sec. 19 -1. Definitions. Sec. 19 -2. State misdemeanors adopted. Sec. 19 -3. Bathing regulations. Sec. 19 -4. Proximity of coin - operated amusements to schools restricted. Sec. 19 -5. Spitting in public places. Sec. 19 -6. Hitchhiking. Sec. 19 -7. Handbills; distribution. Sec. 19 -8. Impersonating police officer, fireman or other village official. Sec. 19 -9. Smoke, dust, odors, liquids, etc. Sec. 19 -10. Barbecue grills and similar cooking devices. Sec. 19 -11. Unauthorized lodging and camping. Sec. 19 -12. Panhandling. Secs. 19- 13- 19 -30. Reserved. Article II. Sexual Offenders and Sexual Predators Sec. 19 -31. Sexual offender and sexual predator residence prohibition. Secs. 19- 32- 19 -46. Reserved. Article III. Offenses Against Property Sec. 19 -47. Obstructing passageways. Secs. 19- 48- 19 -63. Reserved. Article IV. Offenses Against Public Morals Sec. 19 -64. Topless costumes. Sec. 19 -65. Vulgar language. Sec. 19 -66. Window peeping. Secs. 19- 67- 19 -81. Reserved. Article V. Offenses Against Public Peace Sec. 19 -82. Stench bombs. Sec. 19 -83. Throwing missiles. Secs. 19- 84- 19 -98. Reserved. Article VI. Noise Control Sec. 19 -99. Definitions. Sec. 19 -100. Prohibition against unreasonable noise. Sec. 19 -101. Exemptions. Sec. 19 -102. Prohibition against speakers in rights -of -way and air space. Sec. 19 -103. Operation of radios or other mechanical sound - making devices or instruments in vessels. Sec. 19 -104. Enforcement. Sec. 19 -105. Permissible time for construction activity. Sec. 19 -106. Dissemination of information. Secs. 19- 107 -19 -144. Reserved. *Cross references - General penalty for Code violations, § 1 -8; police, Ch. 23. Supp. No. 61 1225 NORTH PALM BEACH CODE Article VII. Reserved Secs. 19- 145 -19 -182. Reserved. Article VIII. Weapons Sec. 19 -183. Possession. Sec. 19 -184. Carrying concealed weapons. Sec. 19 -185. Sales restricted. Sec. 19 -186. Forfeiture; disposition. Secs. 19- 187 -19 -199. Reserved. Article IX. Water Shortage Emergencies Sec. 19 -200. Definitions. Sec. 19 -201. Application. Sec. 19 -202. Implementation. Sec. 19 -203. Enforcement — Generally. Sec. 19 -204. Same — Emergency power. Sec. 19 -205. Exception to maintain sanitation. Sec. 19 -206. Penalties. Article X. Alarms Sec. 19 -207. Definitions. Sec. 19 -208. Alarm system permit required. Sec. 19 -209. Application for alarm system permit. Sec. 19 -210. Term of permit; fee; nontransferable. Sec. 19 -211. Issuance of alarm system permit. Sec. 19 -212. Excessive false alarms declared a public nuisance. Sec. 19 -213. False alarm service charge; collection. Sec. 19 -214. Penalty. Sec. 19 -215. Interference with police and fire rescue department telephone trunk lines prohibited; alarm business central office required; identification required. Sec. 19 -216. Audible alarms. Sec. 19 -217. Enforcement through code enforcement special magistrate. Sec. 19 -218. Exemptions. Sec. 19 -219. Alarm user standards. Article XI. Wellfield Protection Sec. 19 -220. County wellfield protection ordinance adopted by reference. Sec. 19 -221. Regulation of business activities with potential to contaminate land and water resources. Supp. No. 61 1226 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 have the meanings given herein: Billposting agency means any person posting advertising matter or distributing advertising mat- ter throughout the village. Model glue means any glue or cement of the type commonly used in the building of model airplanes, boats and automobiles, containing tol- uene, acetone or other solvent or chemical having the property of releasing toxic vapors. Topless costume means any clothing which does not cover a major part of the female breasts and shall include those devices commonly known as "pasties." (Code 1970, § 24 -1) Cross reference —Rules of construction and definitions generally, § 1 -2. Sec. 19 -2. State misdemeanors adopted. No person shall commit within the corporate limits of the village any act which is or shall be recognized by the laws of the state as a misde- meanor, and the commission of such acts is hereby forbidden. (Code 1970, § 24 -64; Ord. No. 213 -70, § 1; Ord. No. 11 -71, § 1) Sec. 19 -3. Bathing regulations. (a) No person afflicted with infectious, conta- gious or communicable disease shall bathe in any public pool or place within the village limits. (b) No person shall beach or bathe in a manner contrary to the posted regulations of the village. (Code 1970, § 24 -16) Sec. 19 -4. Proximity of coin - operated amuse- ments to schools restricted. No coin - operated amusement table, marble board or other similar game and device shall be located Supp. No. 61 1227 Sec. 19 -5. Spitting in public places. No person in the village shall expectorate upon any sidewalk, street, floor in public buildings or upon any other public place. (Code 1970, § 24 -27) Sec. 19 -6. Hitchhiking. No person shall hitchhike, "thumb rides" or go upon the public streets and highways for the purpose of soliciting free transportation. (Code 1970, § 24 -34) Sec. 19 -7. Handbills; distribution. (a) No person shall distribute or give out any handbills, tickets, samples or merchandise or other kind of advertising matter, unless such person is a licensed billposting agency; provided, however, that this section shall not be construed to prevent persons from distributing advertise- ments of their own business through the United States mail. (b) No person shall give to another or attempt to give to another any ticket or sample upon any public street, alley, park or other public way or place within the village, or pass the same from private property to any person on any street, alley, park or other public way or place, or place such advertising matter in any automobile belong- ing to another within the corporate limits of the village, or throw or leave the same in any private yard or upon private property so that the same may be blown or scattered upon private or public property. (c) No person shall distribute, deposit, place, throw, scatter or cast any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet or any other printed or otherwise repro- duced original or copies of any matter or litera- § 19 -7 NORTH PALM BEACH CODE ture upon any premises, if requested by the owner, or someone authorized by the owner, not to do so. (Code 1970, § 24 -35; Ord. No. 228 -71, § 1) Sec. 19 -8. Impersonating police officer, fire- man or other village official. (a) No person shall hold himself out as, or falsely assume or impersonate himself to be a police officer or fireman of the village or any other village official or employee, or assert falsely that he has the authority or right to exercise the powers of any such officers or officials. (b) No person, other than an official police officer of the village, shall wear or carry the uniform, apparel, badge, identification card or any other insignia of office like or similar to, or a colorable imitation of that adopted and worn or carried by the official police officers of the village. (c) No person, while wearing a mask or device 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, enclosure or house of any person in the village. (Code 1970, § 24 -37) Cross reference — Administration generally, Ch. 2. Sec. 19 -9. Smoke, dust, odors, liquids, etc. No owner or occupant of any building, struc- ture or premises in the village shall cause, allow or permit any smoke, dust, steam, odors, fumes, liquids or other obnoxious matters or things to emanate therefrom over and upon any public street or sidewalk in the village, unless the same shall be so deflected or bona fide attempts made to deflect same away from persons using such streets or sidewalks so as not to annoy, vex, irk or bother persons in the use thereof; provided, however, that water from sprinkler systems may emanate from private property over and upon sidewalks in the village, except from one and one -half (11/2) hours before the opening, to one -half hour after the opening, of public schools in the county for kindergarten through twelfth grade, and from one -half hour before the closing, to one and one - half (11/2) hours after the closing, of public schools in the county for kindergarten through twelfth Supp. No. 61 1228 grade, during those days that county public schools involving kindergarten through twelfth grade are in session. (Code 1970, § 24 -62; Ord. No. 12 -81, § 1, 11- 12 -81; Ord. No. 18 -85, § 1, 10- 24 -85) Sec. 19 -10. Barbecue grills and similar cook- ing devices. Barbecue grills and similar cooking devices with which open flames may be used to heat or prepare food or from which open flames may occur during the cooking process shall not be used on any balconies or porches of multi - family buildings except two (2) family dwellings. They shall be used only outside of and at a minimum of ten (10) feet distance from the nearest building. (Ord. No. 15 -2002, § 1, 4 -9 -02) Sec. 19 -11. Unauthorized lodging and camp- ing. It shall be unlawful for any person within the village to lodge for any length of time within sheds, garages, meter rooms, unoccupied build- ings and vehicles or within any other conveyance or structure not intended for lodging. It shall also be unlawful to lodge or camp for any length of time on any public property not authorized for this purpose or on private property without the permission and consent of the property owner. (Ord. No. 2008 -06, § 2, 2- 28 -08) Sec. 19 -12. Panhandling. (a) Intent. The intent of this section is to pro- tect persons from threatening, intimidating or harassing behavior, to keep public places safe and attractive for use of all members of the commu- nity, to provide for the free flow of traffic and the safety of motorists and pedestrians and to pre- serve public places where persons can interact in a peaceful manner. This section is not intended to proscribe any demand for payment for services rendered or goods delivered or to prohibit consti- tutionally protected speech or conduct. (b) Definitions. Whenever the following words and phrases are used in this section, they shall have the following meanings: Aggressive manner shall mean: (1) Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation; or OFFENSES AND MISCELLANEOUS PROVISIONS (2) Following the person being solicited, if that conduct is: a. Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or b. Intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; or (3) Continuing to solicit within five (5) feet of the person being solicited after the person has made a negative response, if continu- ing the solicitation is: a. Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or b. Intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; or (4) Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation; or (5) Intentionally or recklessly using words: a. Intended or likely to cause a reason- able person to fear imminent bodily harm or the commission of a crimi- nal act upon property in the person's possession; or b. Intended to or reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation. Automated teller machine means a device, linked to a financial institution's account records, which is able to carry out transactions, including but not limited to account transfers, deposits, cash with- drawals, balance inquiries, and mortgage and loan payments. § 19 -12 Banking facility means all banks, trust compa- nies, private bankers, savings banks, industrial banks, safe deposit companies, savings and loan associations, credit unions and investment com- panies. Panhandle means to solicit through the spo- ken, written or printed word or through other acts or body gestures for the purpose of requesting money or any other thing of value where the person solicited receives little or no monetary value in exchange and where a reasonable person would understand that the transaction is essen- tially a donation. Panhandling shall not include: (a) The solicitation of contributions on behalf of a charitable entity or other organiza- tion exempt from taxation pursuant to Section 501(c)(3) of the United States In- ternal Revenue Code; or (b) Passively performing music with a sign indicating that a donation is sought. (c) Prohibited conduct. (1) No person shall panhandle in an aggres- sive manner within the corporate limits of the village. (2) No person shall panhandle within twenty (20) feet of any automated teller machine, an entrance or exit to a banking facility, or an entrance or exit to a business estab- lishment open to the public or a govern- mental building. (3) No person shall panhandle when either the person soliciting or the person being solicited is at a bus stop or within a public transportation vehicle. (4) No person shall panhandle in any parking lot or parking garage. (5) No person alongside or within the median of any roadway shall panhandle from any occupant of a motor vehicle that is on a roadway nor shall any person stand along- side a roadway or within the median for the purpose of panhandling. (6) No person shall panhandle on private property without the permission of the owner. (Ord. No. 2015 -04, § 2, 4 -9 -15) Supp. No. 61 1228.1 § 19 -13 NORTH PALM BEACH CODE Secs. 19- 13- 19 -30. Reserved. ARTICLE III. OFFENSES AGAINST PROPERTY* ARTICLE II. SEXUAL OFFENDERS AND SEXUAL PREDATORS Sec. 19 -31. Sexual offender and sexual pred- ator residence prohibition. (a) It is unlawful for any person who has been convicted of a violation of F.S. §§ 794.011 ( "Sexual battery "), 800.04 ( "Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age "), 827.071 ( "Sexual perfor- mance by a child "), or 847.0145 ('Buying or sell- ing of minors "), regardless of whether adjudica- tion has been withheld, in which the victim of the offense was less than 16 years of age, to establish a permanent residence or temporary residence in the Village of North Palm Beach within one thousand five hundred (1,500) feet of any school, designated public school bus stop, day care center, park, playground or public pool facility. Provided, however, a person referenced in the foregoing sentence and residing in the Village of North Palm Beach within one thousand five hundred (1,500) feet of any school, designated public school bus stop, day care center, park, playground or public pool facility does not commit a violation of this section if the person established the perma- nent residence prior to the effective date of this article. (b) For purposes of determining the minimum distance separation, the distance shall be mea- sured by following a straight line from the outer property line of the permanent residence or tem- porary residence to the nearest outer property line of a school, designated public school bus stop, day care center, park, or playground. (c) A person who violates this section shall be punished as provided in section 1 -8 of this Code. (Ord. No. 26 -2005, § 1, 9- 22 -05) Secs. 19- 32- 19 -46. Reserved. Sec. 19 -47. Obstructing passageways. No person shall place or erect upon any public way or passageway to any building an obstruction of any type; provided that this section shall not prevent the duly authorized or required placing of temporary barriers or warning signs for the pur- pose of safeguarding the public; and providing, further, that, swale markers may be placed at the edge of swale areas to protect the edges of lawns from being driven on by passing vehicles, with the swale markers to be round button cement mark- ers with anchor rods attached, not to exceed twelve (12) inches in diameter and four (4) inches in height. (Code 1970, § 24 -59; Ord. No. 218 -70, § 3) Secs. 19- 48- 19 -63. Reserved. 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 a female 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) *Cross reference — Persons walking dogs responsible for removal of waste, § 4 -31 et seq. Supp. No. 61 1228.2 CODE COMPARATIVE TABLE [The next page is 29331 Supp. No. 61 2895 Adoption Section Ord. No. Date Section this Code 2014 -13 12 -11 -14 2 Added Ch. 6, Art. IV, §§ 6- 72-6-86 2014 -14 12 -11 -14 2 2 -4 2015 -03 3 -12 -15 2 Added Ch. 17, Art. VIII, §§ 17- 81 -17 -94 2015 -04 4- 9 -15 2 Added 19 -12 2015 -05 4- 9 -15 2 2- 159(b) 3 2- 163(a)(1) 2015 -07 4 -23 -15 2 14 -30(4) [The next page is 29331 Supp. No. 61 2895 CODE INDEX BUSINESS REGULATIONS Section BULKHEAD LINES (Cont'd.) 17 -50, 17 -51 Established; designated ................. 7 -1 Filling operation beyond bulkhead line pro - hibited ............................ 7 -2 Filling permit 17 -34.2 Application fees ...................... 7 -19 Application; issuance ................. 7 -18 Expiration date; renewal; revocation ... 7 -20 Public hearing prerequisite to consider- 17 -16 ation ........................... 7 -17 Required ............................. 7 -16 Unlawful fill; removal ................... 7 -3 BULKHEADS 17.34 -7 Bulkheads and seawalls, construction re- 17 -34.6 quirements re ..................... 5 -69 et seq. See: BOATS, DOCKS AND WATER- WAYS 17 -34.7 BUSINESS ADVISORY BOARD 17 -23 Composition; terms; vacancies Alternate members ................... 17 -72(d) Composition ......................... 17 -72(a) Initial terms ......................... 17 -72(b) Subsequent terms .................... 17 -72(c) Created . ............................... 17 -71 Mission; duties ......................... 17 -74 Organization ........................... 17 -73 BUSINESS REGULATIONS Section Ambulances ............................ 17 -50, 17 -51 Business advisory board ................. 17 -71 et seq. See: BUSINESS ADVISORY BOARD Businesses located outside village limits 17 -3(a) et seq. Application for certificate of regulation. 17 -34.2 Certificate of business regulation re- quired; basis of one year ......... 17 -34 Commercial vehicles, marking of ...... 17 -34.13 Compliance by principal deemed compli- 17 -16 ance by agent ................... 17 -34.8 Delinquency penalty .................. 17 -34.4 Doing business not covered by certificate 17 -33 of regulation .................... 17.34 -7 Duplicate certificates of regulation..... 17 -34.6 Duration ............................. 17 -34.3 False statements Certificate obtained void ab initio ... 17 -34.7 Engaging in business without certifi- 17 -23 cate of regulation or under cer- tificate issued on .............. 17 -34.11 Fee exemptions ...................... 17 -34.10 Fee schedule ......................... 17 -34.12 Half -year certificate .................. 17 -34.3 Issuance of certificate ................. 17 -34.3 Noncompliance of principal............ 17 -34.8 Nonprofit enterprise, special permit for 17 -34.5 Refund of fee ......................... 17 -34.9 Registration required ................. 17 -34.1 Renewal ............................. 17 -34.4 Suspension or revocation of certificate . 17 -34.9 When due and payable ................ 17 -34.3 Supp. No. 61 2939 C CABLE TELEVISION. See: TELEVISION CAMPING Recreational, boating and camping equip- ment; parking on residential property restricted .......................... 18 -35 Unauthorized lodging and camping....... 19 -11 Section BUSINESS REGULATIONS (Cont'd.) Garage and other sales .................. 17 -61 et seq. See: GARAGE AND OTHER SALES Home occupations ....................... 17 -3(a) et seq. See: HOME OCCUPATIONS Local business tax Application for business tax receipt .... 17 -18 Business tax exemptions .............. 17 -31 Business tax imposed; basis of one year 17 -16 Business tax receipt renewal; delin- quency penalty .................. 17 -20 Business tax schedule ................ 17 -33 Compliance by principal deemed compli- ance by agent; noncompliance of principal ........................ 17 -29 Declaration where fee depends on vari- able factors within applicant's knowledge ...................... 17 -23 Doing business not covered by receipt; receipt obtained by false state- ments void ab initio ............. 17 -28 Duplicate receipts .................... 17 -27 Engaging in business without receipt or under receipt issued on false state- ments .......................... 17 -32 How tax construed as to specified pro - fessions ......................... 17 -21 Issuance of receipt; duration; half -year receipt; when due and payable ... 17 -19 Marking of commercial vehicles ....... 17 -33.1 Receipt to be posted or carried ........ 17 -26 Special permit for nonprofit enterprise. 17 -22 Suspension or revocation of receipt; re- fund of fee ...................... 17 -30 Transfer of receipts to new location .... 17 -25 Transfer of receipts to new owner...... 17 -24 Peddlers and solicitors .................. 17 -81 et seq. See: PEDDLERS AND SOLICITORS Simulated gambling devices ............. 17 -40 et seq. See: SIMULATED GAMBLING DE- VICES Wellfield protection Regulation of business activities with potential to contaminate land and water resources ................. 19 -221 Zoning Location of business for retail sales of alcoholic beverages .............. 45- 20(2), 45- 36.N C -3 Regional Business District...... 45- 34.1(9) C CABLE TELEVISION. See: TELEVISION CAMPING Recreational, boating and camping equip- ment; parking on residential property restricted .......................... 18 -35 Unauthorized lodging and camping....... 19 -11 CERTIFICATES Appearance code; certificate of appropriate- ness .............................. See: BUILDINGS Boats, docks and waterways; unlawfully anchored or moored vessels Unclaimed vessel to be sold; certification of sale .......................... Businesses located outside village limits, certificate of business regulations re. See: BUSINESS REGULATIONS Emergency medical services ............. Historic site overlay district; certificate of appropriateness .................... CIVIL DISORDERS AND DISTURBANCES. See: EMERGENCY MANAGEMENT NORTH PALM BEACH CODE 2 -253 Section CANALS CODE ENFORCEMENT (Cont'd.) Construction requirements .............. 5 -56 et seq. Provisions supplemental................ . See: BOATS, DOCKS AND WATER- Special magistrates WAYS Appointment ......................... CATS Power and authority .................. Regulations enumerated ................. 4 -24 et seq. Powers of............................ See: ANIMALS AND FOWL Qualifications ........................ CERTIFICATES Appearance code; certificate of appropriate- ness .............................. See: BUILDINGS Boats, docks and waterways; unlawfully anchored or moored vessels Unclaimed vessel to be sold; certification of sale .......................... Businesses located outside village limits, certificate of business regulations re. See: BUSINESS REGULATIONS Emergency medical services ............. Historic site overlay district; certificate of appropriateness .................... CIVIL DISORDERS AND DISTURBANCES. See: EMERGENCY MANAGEMENT CLERK Department of records, provisions re vil- lage clerk and deputy village clerk .. 2 -67 et seq. See: DOCUMENTS AND PUBLIC RE- CORDS CLUBS Country club ........................... See: COUNTRY CLUB CODE ENFORCEMENT, ALTERNATE METHOD OF Codes to be enforced by citation......... . Failure to accept citation ................ Form and contents of citation........... . Issuance of citations .................... Provisions additional and supplemental .. Right to hearing; maximum penalty ...... CODE ENFORCEMENT Actions for money judgments Limitation ........................... Alarm regulations, enforcement re ....... Applicability ............................ Conduct of hearing ...................... Declaration of legislative intent .......... Definitions ............................. Enforcement procedure .................. Fines; liens Appeal.............................. Copies of orders imposing fines ........ Determination of amount of fine...... . Duration of lien ...................... Generally ............................ Notices .............................. Reduction of fine ..................... 9 -1 et seq. COIN - OPERATED AMUSEMENTS Proximity to schools restricted ........... COMBAT AUTO THEFT (CAT) Establishment, regulations .............. COMMITTEES, COMMISSIONS. See: DE- PARTMENTS AND OTHER AGENCIES OF VILLAGE CODE OF ORDINANCES* 2 -253 Altering Code ........................... 6 -56 et seq. Amendments ........................... 2 -252 Catchlines .............................. 2 -251 Court cost 2 -256 Assessment of additional court costs for 2 -254 criminal justice education expendi- 5-22 tures ........................... Definitions and rules of construction ..... 17 -34 et seq. Designated and cited .................... 2 -182 References to chapters or sections....... . 11.5 -21 Repeal of ordinances, effect of........... . 2 -173 Severability of parts .................... 45 -37(H) Village clerk, duties re recording ordi- 2 -171 nances ............................ 2 -172 Village logo ............................. 2 -175 Violations, penalty and prosecution costs . CLERK Department of records, provisions re vil- lage clerk and deputy village clerk .. 2 -67 et seq. See: DOCUMENTS AND PUBLIC RE- CORDS CLUBS Country club ........................... See: COUNTRY CLUB CODE ENFORCEMENT, ALTERNATE METHOD OF Codes to be enforced by citation......... . Failure to accept citation ................ Form and contents of citation........... . Issuance of citations .................... Provisions additional and supplemental .. Right to hearing; maximum penalty ...... CODE ENFORCEMENT Actions for money judgments Limitation ........................... Alarm regulations, enforcement re ....... Applicability ............................ Conduct of hearing ...................... Declaration of legislative intent .......... Definitions ............................. Enforcement procedure .................. Fines; liens Appeal.............................. Copies of orders imposing fines ........ Determination of amount of fine...... . Duration of lien ...................... Generally ............................ Notices .............................. Reduction of fine ..................... 9 -1 et seq. COIN - OPERATED AMUSEMENTS Proximity to schools restricted ........... COMBAT AUTO THEFT (CAT) Establishment, regulations .............. COMMITTEES, COMMISSIONS. See: DE- PARTMENTS AND OTHER AGENCIES OF VILLAGE 2 -180 2- 178(4) 2- 178(b) 2 -179 2- 178(a) 2 -181 2- 178(c) Supp. No. 61 2940 Planning ............................. Section pal.$a 2- 174(a) 2- 174(b) 2 -177 2- 174(c) 1 -7 1 -6 1 -3 1 -9 1 -2 1 -1 1 -3 1 -4 1 -5 2 -67(3) 1 -10 1 -8 19 -4 18 -19 29 -1 et seq. 26 -51 et seq. 6 -60 2 -111 2- 112(2) 2- 112(1) 2- 112(3) *Note —The adoption, amendment, repeal, omissions, effec- tive date, explanation of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. COMMUNICATIONS 2 -253 Telecommunications 2 -255 Generally ............................ 2 -252 See: TELECOMMUNICATIONS 2 -251 Service tax ........................... 2 -256 See: TAXATION 2 -254 COMMUNITY DEVELOPMENT DEPART- MENT Buildings 2 -182 Appearance code 19 -217 Certificate of appropriateness 2 -173 Follow -up by community develop - 2 -176 ment department.......... . 2 -171 Director's duties ........................ 2 -172 Divisions 2 -175 Code compliance ..................... Permits and inspections .............. 2 -180 2- 178(4) 2- 178(b) 2 -179 2- 178(a) 2 -181 2- 178(c) Supp. No. 61 2940 Planning ............................. Section pal.$a 2- 174(a) 2- 174(b) 2 -177 2- 174(c) 1 -7 1 -6 1 -3 1 -9 1 -2 1 -1 1 -3 1 -4 1 -5 2 -67(3) 1 -10 1 -8 19 -4 18 -19 29 -1 et seq. 26 -51 et seq. 6 -60 2 -111 2- 112(2) 2- 112(1) 2- 112(3) *Note —The adoption, amendment, repeal, omissions, effec- tive date, explanation of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. CODE INDEX Section COMPUTATION OF TIME Definitions and rules of construction ..... 1 -2 CONCURRENCY MANAGEMENT Provisions enumerated .................. 21 -41 et seq. See: PLANNINGAND DEVELOPMENT COUNCIL. See: VILLAGE COUNCIL COUNTRY CLUB Finances Delinquent accounts; penalties ........ 9 -32 Golf advisory board ..................... 9 -16 et seq. See: GOLF ADVISORY BOARD Premises Disfiguration and/or removal of building or other property ................ 9 -1(1) Enforcement ......................... 9 -2 Hours ............................... 9 -1(2) Signs . ............................... 9 -2 Violations and penalties .............. 9 -2 COUNTY Definitions and rules of construction ..... 1 -2 COURTS Court cost Assessment of additional court costs for criminal justice education expendi- tures ........................... 1 -9 Supp. No. 61 2940.1 Section CODE INDEX Supp. No. 61 2945 Section Section INDECENCY AND OBSCENITY LANDSCAPING (Cont'd.) Adult entertainment establishments Shrubs and hedges ................. 27 -62(c) Zoning regulations re. See: ZONING (Ap- Tree species ....................... 27 -62(b) pendix C) Vines ............................. 27 -62(d) Alcoholic beverage establishments; nudity, Required landscaping adjacent to public partial nudity, sexual conduct prohib- rights-of-way 27 -63 ited............................... 3 -4 Scope, applicability ............ . 27 -59 Topless costumes � � � � � � � � � � � � � � � � � � � � � � � 19 -64 Vulgar language ........................ 19 -65 Sight distance adjacent to public rights- Window peeping P P g ........................ 19 -66 of -way and points of access....... 27 -66 Certificate of completion ................. 27 -35 INSURANCE EXCISE TAXES Code enforcement, applicability re ....... 2 -173 Casualty insurance premiums ........... 26 -16 Completed landscaping required for certif- Property insurance premiums............ 26 -17 icate of use and occupancy 27 -37 INTRACOASTAL WATERWAY Definitions ............................. 27 -31 Marine sanctuary, designation as ........ 5 -101 Improved nonresidential properties in ex- istence on September 23, 1971 INVESTMENTS Applicable requirements .............. 27 -40(b) Investment policy of the village .......... 2 -4 Exceptions ........................... 27 -40(c) Objectives ........................... 27 -40(a) J Planning commission, submission of plans JOINT AUTHORITY to .............................. 27 -40(d) Definitions and rules of construction ..... 1 -2 Objectives .............................. 27 -32 Off - street parking landscape manual..... 27 -38 K Plot use plan approval prerequisite to issu- ance of permits for building and pav- KNIVES. See: FIREARMS AND WEAPONS ing . ............................... 27 -37 Refuse container areas .................. 27 -41 L Scope; applicability ..................... 27 -34 Zoning ordinance, conflict with........... 27 -39 LAKE WORTH Marine sanctuary, designation as ........ 5 -101 LAW ENFORCEMENT, DEPARTMENT OF Regulations governing construction of docks, (POLICE DEPARTMENT) piers in Lake Worth and Atlantic Boats, docks and waterways; unlawfully Ocean ............................. 5 -85 anchored or moored vessels LAND Department of law enforcement to im- Buildings; construction on public land pro- pound .......................... 5 -19 hibited ............................ 6 -1 Chief of police's duties .................. 2 -75 Planning and development .............. 21 -01 et seq. Composition ............................ 2 -76 See: PLANNINGAND DEVELOPMENT Generally ............................ 2 -76(a) Subdivision regulations ................. 36 -1 et seq. Operations division................... 2 -76(b) See: SUBDIVISIONS (Appendix B) Operations support division ........... 2 -76(c) LANDSCAPING LIBRARY Accessways ............................. 27 -36 Damaging property unlawful ............ 16 -1 Appearance plan (Appendix A). See that Department of library subject Librarian ............................ 2 -93 Application of provisions; enforcement.... 27 -33 Certain yard areas, off - street parking and Library board other vehicular use areas Appointment ......................... 16 -17 Existing plant material ............... 27 -67 Compensation, service without ........ 16 -20 Installation .......................... 27 -60 Composition ......................... 16 -17 Maintenance ......................... 27 -61 Established .......................... 16 -16 Parking area interior landscaping ..... 27 -65 Meetings ............................ 16 -23 Perimeter landscaping relating to abut- Organization ......................... 16 -21 ting properties .................. 27 -64 Powers and duties.................... 16 -22 Plant material Qualifications ........................ 16 -19 Ground covers ..................... 27 -62(e) Removal from office................... 16 -24 Lawn grass ........................ 27 -62(f) Term of office ........................ 16 -17 Quality ........................... 27 -62(a) Vacancies ............................ 16 -18 Supp. No. 61 2945 LICENSES AND PERMITS Alarm permit ........................... See: ALARMS Boat launching area permits ............. Bulkhead lines; filling permit ............ See: BULKHEAD LINES Bulkheads and seawalls ................. Code enforcement, applicability re ....... Community development department Permits and inspections .............. Driveways. See herein: Sidewalk and Drive- way Permits Emergency medical services ............. Flood damage prevention development per- mit............................... Garage, related sales .................... Home occupations. See also that subject Generally ............................ Business tax receipt for home occupa- tions ......................... Park and recreation facilities; meeting and gathering permits .................. See: PARKS, PLAYGROUNDS AND RECREATION Peddlers and solicitors permit ........... See: PEDDLERS AND SOLICITORS Seawalls. See herein: Bulkheads and Sea- walls Sidewalk and driveway permits .......... See: STREETS, SIDEWALKS AND PUB- LIC PLACES Street excavation permits ............... Swimming pool permits ................. Utilities Use of rights -of -way for utilities; written permit .......................... NORTH PALM BEACH CODE Section 17 -16 et seq. Section MAY, SHALL 17 -34.13 19 -208 et seq. Definitions and rules of construction ..... 1 -2 5 -34 MAYOR 1 -10 7 -16 et seq. Civil disorders and disturbances Subdivision design standards............ 36 -18 Mayor designated local authority for pres- 45 -1 et seq. 5-72 ervation of public peace.......... 8 -21 2 -173 Village council; presiding officer at meet - 18 -20 Park regulations re traffic ............... ings ............................... 2 -18 2- 112(1) MEASURES. See: WEIGHTS AND MEA- Stopping, standing and parking SURES Parking restricted .................... 11.5 -21 MEDICAL SERVICES ment, and personal recreational use Emergency medical services ............. 11.5 -21 et seq. 12.5 -22 See: EMERGENCIES 18 -35 17 -62 18 -36 Vehicle, trailer or boat parking prohib- MEETINGS. See: ASSEMBLIES 17 -16 et seq. roadways ....................... 18 -34.1 MISSILES, STONES, ETC. 17 -3(c) et seq. Throwing missiles ...................... 19 -83 18 -38 MONTH 20 -31 et seq. Definitions and rules of construction ..... 1 -2 18 -16 MONUMENTS 18 -18 17 -83 et seq. Subdivisions, required improvements re .. 36 -27 24 -55 et seq. 24 -28, 24 -29 25 -3 28-2,28-3 LOCAL BUSINESS TAX Regulations enumerated ................. 17 -16 et seq. See: BUSINESS REGULATIONS LODGING 17 -34.13 Unauthorized lodging and camping....... 19 -11 LOGO Village logo ............................. 1 -10 LOTS 14 -79 et seq. Subdivision design standards............ 36 -18 Zoning regulations ...................... 45 -1 et seq. See: ZONING (Appendix C) M MANAGER. See: VILLAGE MANAGER MANGROVE STANDS Flood damage prevention provisions...... 12.5 -45 MAPS. See: SURVEYS, MAPS AND PLATS MARINE SANCTUARIES Designated ............................. 5 -101 Supp. No. 61 2946 MOTOR VEHICLES AND TRAFFIC Ambulances ............................ 17 -50, 17 -51 Businesses located outside village limits; marking of commercial vehicles ..... 17 -34.13 Combat Auto Theft (CAT) ............... 18 -19 Discarded vehicles, etc.) Abatement of public nuisances on pri- vate property ................... 14 -79 et seq. See: NUISANCES Hitchhiking prohibited .................. 19 -6 Local business tax; marking of commercial vehicles ........................... 17 -33.1 Motorized scooters ...................... 18 -20 Park regulations re traffic ............... 20 -5 Parking. See herein: Stopping, Standing and Parking Stopping, standing and parking Parking restricted .................... 18 -34 Recreational, boating and camping equip- ment, and personal recreational use trailers; parking on residential prop- erty restricted ................... 18 -35 Signs, parking in violation of.......... 18 -36 Vehicle, trailer or boat parking prohib- ited upon paved or unpaved area of the road right -of -way of specific roadways ....................... 18 -34.1 Violations; fines Handicap spaces ................... 18 -37 Non - handicap spaces ............... 18 -38 Vehicular operation Speed limits Generally ......................... 18 -16 Weight limitations on certain roads .... 18 -18 CODE INDEX Supp. No. 61 2947 Section Section N OFFICERS AND EMPLOYEES Administrative code ..................... 2 -39 et seq. NOISE CONTROL See: ADMINISTRATIVE CODE Definitions ............................. 19 -99 Chief of police's duties .................. 2 -75 Dissemination of information ............ 19 -106 Definitions and rules of construction ..... 1 -2 Enforcement ............................ 19 -104 Elections ............................... 10 -1 et seq. Exemptions p " " " " " " " " " " " " "" 19 -101 See: ELECTIONS Permissible time for construction activity. 19 -105 Emergency management Prohibition against Speakers in rights -of -way and air space 19 -102 Exempt employee emergency duty Unreasonable noise ................... 19 -100 Compensation ..................... 8 -31 Radios or other mechanical sound - making Finance director ........................ 2 -59 devices or instruments in vessels, op- Fire chiefs duties ....................... 2 -81 eration of ......................... 19 -103 Golf advisory board ..................... 9 -16 et seq. See: GOLF ADVISORY BOARD NUDITY Impersonating village official ............ 19 -8 Topless costumes prohibited ............. 19 -64 Librarian ............................... 2 -93 Mayor .. ............................... 2-18,8-16 NUISANCES Pensions and retirement. See also that Abandoned real property ................ 15 -11 et seq. subject See: PROPERTY Length of service award plan for volun- Abatement of public nuisances on private teer firefighters 2 -170 et seq. property Pension and certain other benefits for Abatement of public nuisance ......... 14 -82 fire and police employees......... 2 -159 et seq. Assessment of costs and imposition of Pension and certain other benefits for lien 14 -83 ............................ Definitions .................. . . .... 14 -79 general employees ............... 2 -146 et seq. Notice of public nuisance; right to re- Social security ....................... 2 -136 et seq. nest hearing q g ................... 14 -81 Police Uses or activities constituting a public Reserve force 14 Appointment to service by chief of nuisance ........................ Animals creating nuisances .............. -80 4 -12 police ........................ 23 -45 False alarms Public works director .................... 2 -84 Excessive false alarms declared public Recreation director ...................... 2 -110 nuisance ........................ 19 -212 Social security .......................... 2 -136 et seq. Panhandling ............................ 19 -12 See: SOCIAL SECURITY Rabid animals declared nuisance......... 4 -42 Village clerk and deputy village clerk..... 2 -67 et seq. See: DOCUMENTS AND PUBLIC RE- NUMBER CORDS Definitions and rules of construction ..... 1 -2 Village manager ........................ 2 -115 et seq. See: VILLAGE MANAGER 0 OFFICIAL TIME OATH, AFFIRMATION, SWEAR OR SWORN Definitions and rules of construction ..... 1 -2 Administrative code, provisions re oaths of office .............................. 2 -41 OPEN SPACES. See: YARDS AND OPEN SPACES Definitions and rules of construction ..... 1 -2 General employees retirement board; oaths ORDINANCES. See: CODE OF ORDI- of office ........................... 2 -154 NANCES Reserve police force; oath required ....... 23 -47 OWNER OBSCENITY. See: INDECENCY AND OB- Definitions and rules of construction ..... 1 -2 SCENITY OBSTRUCTIONS P Passageways, obstructing ................ 19 -47 PALM BEACH COUNTY. See: COUNTY OFFENSES Definitions ............................. 19 -1 PARKING Enumerated ............................ 19 -3 et seq. Boat launching area See also specific offenses as indexed Vehicle /trailer parking in designated ar- State misdemeanors adopted ............ 19 -2 eas ............................. 5 -35 Supp. No. 61 2947 Supp. No. 61 2948 NORTH PALM BEACH CODE Section Section PARKING (Cont'd.) PARKS, PLAYGROUNDS AND RECREATION Landscaping, provisions re off - street park- (Cont'd.) ing . ............................... 27 -38, 27 -59 Speed of vehicles ..................... 20 -5(4) et seq. State motor vehicle laws .............. 20 -5(1) See: LANDSCAPING Trees Parks; designated parking areas ......... 20 -5(6) Climbing trees, etc .................... 20 -4 Stopping, standing and parking.......... 18 -34 et seq. Use by public only ...................... 20 -1 See: MOTOR VEHICLES AND TRAF- FIC PEDDLERS AND SOLICITORS Zoning, provisions re off - street parking... 45 -27 et seq. Age restrictions ......................... 17 -91 See: ZONING (Appendix C) Appeal .. ............................... 17 -93 Definitions ............................. 17 -82 PARKS, PLAYGROUNDS AND RECREATION Enforcement ............................ 17 -94 Alcoholic beverages Granting or rejecting application......... 17 -85 Consumption on playgrounds and public License parks ........................... 3 -3 Application for....................... 17 -84 Bicycles Limitation on hours for peddling or solici- Operation in safe manner, etc.......... 20 -6(2) tation ............................. 17 -88 Operation prohibited in certain areas .. 20 -6(1) Notice by property owners ............... 17 -90 Boat launching areas Permit Vehicle /trailer parking in designated ar- Application for ....................... 17 -84 eas ............................. 5 -35 Display of............................ 17 -87 Buildings or structure, erecting.......... 20 -3 Not transferable ...................... 17 -86 Department of recreation Required ............................. 17 -83 Director's duties Revocation of ........................ 17 -92 Conduct community activity ........ 2- 110(2) Prohibited practices ..................... 17 -89 Supervise recreation areas.......... 2- 110(1) Purpose . ............................... 17 -81 Ejectment of violators ................... 20 -8 Enforcement of provisions, responsibility . 20 -7 PENALTIES. See: FINES, FORFEITURES Golf advisory board ..................... 9 -16 et seq. AND OTHER PENALTIES See: GOLF ADVISORY BOARD PENSIONS AND RETIREMENT Hours regulated ........................ 20 -1 ICMA defined contribution pension plan Meetings and gatherings Administrative services agreement and Liability for loss or injury ............. 20 -23 adoption agreements 2- 170.14 Permit Creation ............................. 2- 170.12 Appeal from refusal to issue ........ 20 -35 Effective date ........................ 2- 170.15 Application ........................ 20 -33 Vesting period........................ 2- 170.13 Form ............................. 20 -32 Length of service award plan for volunteer Issuance standards ................ 20 -34 firefighters Required .......................... 20 -31 Benefit formula ...................... 2 -170.6 Revocation ........................ 20 -36 Contact person....................... 2- 170.10 Rules and regulations, permittee bound Effective date ........................ 2 -170.3 by .............................. 20 -22 Eligibility ............................ 2 -170.4 Property used to violate provisions, confis- Entitlement age ...................... 2 -170.5 cation of .......................... 20 -9 Plan, name of........................ 2 -170.2 Recreation advisory board Point system ......................... 2- 170.11 Created .............................. 20 -61 Preretirement death benefit........... 2 -170.7 Duties ............................... 20 -66 Purpose ............................. 2 -170 Meetings ............................ 20 -65 Sponsor, name of..................... 2 -170.1 Officers' quorum, compensation........ 20 -64 Trustee and contact person............ 2- 170.10 Removal ............................. 20 -63 Vesting provisions, schedule of ........ 2 -170.8 Terms ............................... 20 -62(b) Village contributions.................. 2 -170.9 Vacancies ............................ 20 -62(c) Pension and certain other benefits for fire Restrooms, failure to cooperate in keeping and police employees neat or sanitary ................... 20 -2 Benefit amounts Traffic 401(a)(9) Required Distributions .... 2- 161(i) Enforcement of traffic regulations ..... 20 -5(2) Cost of living ...................... 2- 161(g) Operation confined to roads ........... 20 -5(5) Disability retirement ............... 2- 161(e) Parking areas designated ............. 20 -5(6) Early retirement................... 2- 161(b) Signs . ............................... 20 -5(3) Formula .......................... 2- 161(c) Supp. No. 61 2948 CODE INDEX Supp. No. 61 2948.1 Section Section PENSIONS AND RETIREMENT (Cont'd.) Limitation on ...................... 2- 161(h) Normal retirement benefit.......... 2- 161(a) Preretirement death ............... 2- 161(4) Termination benefits and vesting.... 2- 161(f) Board of trustees Bring and defend lawsuits Powers ......................... 2- 164(e) Composition ....................... 2- 164(a) Forfeiture of membership on board for absenteeism ............... 2- 164(b) Meetings .......................... 2- 164(4) Power and authority ............... 2 -166 Reports and records ................ 2- 164(c) Contributions Employer ......................... 2- 163(c) Forfeitures ........................ 2- 163(4) Member ........................... 2- 163(a) State .............................. 2- 163(b) Creation of trust and definitions....... 2 -159 Creation of trust ................... 2- 159(a) Supp. No. 61 2948.1 Section