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Pages Replaced by Supplement #61TABLE 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 .... ............................... SH:1 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 i Art. VI. Transition Schedule ......................... 18 Charter Comparative Table ... ............................... 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions ........ ............................... 77 2. Administration ........... ............................... 133 Art. I. In General .... ............................... 135 Art. II. Council ...... ............................... 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. 60 xi NORTH PALM BEACH CODE Chapter Page Div. 11. Department of Community Development . 143 Art. IV. Manager .... ............................... 144 Art. V. Pensions and Retirement Systems ............ 144 Div. 1. Generally ............................... 144 Div. 2. Social Security ........................... 144 Div. 3. Pension and Certain Other Benefits for Gen- 392.1 Art. VI. Reserved .... ............................... eral Employees ........................ 145 Div. 4. Pension and Certain Other Benefits for Fire 453 Art. I. In General .... ............................... and Police Employees .................... 152.3 Div. 5. Length of Service Award Plan for Volunteer 507 Art. I. In General .... ............................... Firefighters ............................. 164 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 v Supp. No. 60 xii TABLE OF CONTENTS— ConVd. 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. 60 xiii 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 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 Art. III. Offenses Against Property ................... 1228.1 Art. IV. Offenses Against Public Morals .............. 1228.1 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. 60 xiv i TABLE OF CONTENTS — Cont'd. Chapter Page Art. II. Excavations .. ............................... 1519 2355 Div. 1. Generally ............................... 1519 Art. III. Design Standards .......................... Div. 2. Permit ... ............................... 1520 Art. III. Sidewalks and Driveways ................... 1520 Art. VI. Amendments ............................... Div. 1. Generally ............................... 1520 2379 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. 60 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. 60 xvi Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on 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 OC 17,18 25 ix OC 19 25 x.i, x.ii 1 65 53 x.iii 1 77 OC xi, xii 60 79,80 OC xiii, xiv 60 81,82 58 xv, xvi 60 83 58 SH:1, SH:2 60 133 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 10.7 53 139,140 34 11,12 25 140.1, 140.2 28 [1] Supp. No. 60 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 60 152.7, 152.8 60 392.1, 392.2 60 153 60 392.3, 392.4 60 155,156 46 392.5 60 157, 158 52 393,394 56 159,160 60 395,396 56 160.1, 160.2 60 397,398 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. 60 r � c� CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 779,780 OC 1227, 1228 37 781,782 OC 1228.1 37 783,784 OC 1229, 1230 55 785,786 OC 1231, 1232 55 787,788 OC 1233 55 789 OC 1237, 1238 52 839 OC 1239, 1240 52 889 39 1241,1242 52 891,892 60 1289 52 893,894 52 1291, 1292 52 895 50 1293,1294 29 945 41 1295 29 947,948 49 1343 4 948.1 49 1345, 1346 60 949,950 41 1346.1 60 951 41 1347,1348 45 997 OC 1349, 1350 45 999, 1000 22 1350.1, 1350.2 45 1051 54 1351,1352 33 1053, 1054 31 1353, 1354 33 1054.1, 1054.2 31 1355, 1356 33 1054.3, 1054.4 31 1356.1 33 1055, 1056 36 1357, 1358 OC 1057, 1058 33 1359, 1360 33 1059, 1060 33 1361, 1362 33 1060.1, 1060.2 43 1363, 1364 52 1060.3, 1060.4 43 1364.1 52 1060.5 43 1365, 1366 33 1061, 1062 8 1366.1, 1366.2 52 1063, 1064 54 1366.3, 1366.4 33 1065,1066 54 1367 5 1067 54 1411 OC 1121 OC 1463 OC 1171 OC 1465, 1466 52 1173, 1174 52 1517 OC 1175, 1176 36 1519, 1520 OC 1177 36 1521,1522 47 1225 31 1523 47 Supp. No. 60 [3] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 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 2365, 2366 OC 2510.9, 2510.10 54 2367, 2368 37 2510.11, 2510.12 54 [4] Supp. No. 60 CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 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 60 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. 2938.1 60 2510.47, 2510.48 25, Add. 2939, 2940 58 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 55 2511, 2512 57 2947, 2948 57 2512.1, 2512.2 57 2949, 2950 55 2512.2.1, 2512.2.2 57 2951, 2952 55 2512.3, 2512.4 49 2953, 2954 55 2512.5, 2512.6 50 2955, 2956 55 2512.7, 2512.8 51 2957, 2958 36 2512.9, 2512.10 57 2959, 2960 53 2512.11, 2512.12 51 2512.13 51 2513, 2514 OC 2515, 2516 60 2516.1 60 2517, 2518 22 2619 48 [5] Supp. No. 60 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: bate Adapted d/ O�rutted 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. 60 SH:1 NORTH PALM BEACH CODE ' Ord 1�1'o date Ad�ptgd Included/ Omittei�' ;�u�p.IV'o 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 Supp. No. 60 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. Supp. No. 53 10.7 §5 CHARTER §8 (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 one (1) week 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) 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 any village administrative officers or employees whom the manager or any of his subordinates are empowered to appoint, but the council may ex- Supp. No. 25 11 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, onto 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) Section S. Council- appointed officials. The council shall have power to employ and retain engineers, judges, prosecutors, accoun- tants and attorneys. The council shall have the § 8 NORTH PALM BEACH CODE j 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- 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- Supp. No. 25 12 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 designated 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- ing. Petitions shall contain or have at- tached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. 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 Supp. No. 53 CHARTER COMPARATIVE TABLE Section Art. I 1 Date Section 10- 9 -80 1 9 -11 -86 1 2- 9 -95 4 7 -11 -96 1 8 -22 -96 1 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 65 Added Added Added Rpld Added Added Added Added Added Added Disposition Article/Section I II 1 Disposition Article/Section III 2 III 11 II 1 II 1 II 1 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 (The next page is 771 2 3 4 12 -12 -02 1 12 -12 -02 1 2 -13 -03 1 7- 8 -04 1(Exh. A) 12- 9 -04 1(Exh. A) 11- 9 -06 3 3- 8 -07 2 3- 8 -07 2 9 -11 -08 2(Exh. A) 3 -11 -10 2(Exh. A) 10 -28 -10 2(Exh. A) 65 Added Added Added Rpld Added Added Added Added Added Added Disposition Article/Section I II 1 Disposition Article/Section III 2 III 11 II 1 II 1 II 1 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 (The next page is 771 ADAUNISTRATION 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. 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. Plan or system means the Village of North Palm Beach Fire and Police Retirement Fund as contained herein and all amendments thereto. § 2 -160 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) 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- ing the following points, as well as such other points or items as may be prescribed by the board: Supp. No. 60 152.7 (1) Acceptance of the terms and conditions of the plan; § 2 -160 NORTH PALM BEACH CODE (2) Designation of a beneficiary or beneficia- Sec. 2 -161. Benefit amounts. ries; (a) Normal retirement benefit. (3) Authorization of a payroll deduction pay- (1) Amount. Each member who retires on or able to the plan as hereinafter provided; after his normal retirement date shall be (4) Provision of acceptable evidence of his eligible to receive a normal retirement date of birth; benefit commencing on his actual retire- ment date. The monthly normal retire - (5) A certified statement as to prior medical ment benefit shall be an amount equal to history; and the sum of two and one half (2Y2) percent (6) A written release allowing distribution of of his average monthly earnings multi - all medical records to the board. plied by the member's credited service for the first twenty -four (24) years; zero (0) (c) Change in designation of beneficiary. Amem- percent of his average monthly earnings ber may, from time to time, change his designated multiplied by the member's credited ser- beneficiary by written notice to the board upon vice for each year after twenty -four (24) forms provided by the board. Upon such change, years up to thirty (30) years; and two (2) the rights of all previously designated beneficia- percent of his average monthly earnings ries to receive any benefit under the plan shall multiplied by the member's credited ser- cease. vice for each year in excess of thirty (30) years. (d) Buy -back of previous service. Each member (2) Form of benefit. The normal retirement of the plan who terminates his employment with benefit shall commence on the member's the employer and who is subsequently reem- actual retirement date and be payable on ployed by the employer shall be permitted to the first day of each month thereafter, ( j "buy- back" his previous credited service under the with the last payment being the one next following conditions: preceding the retiree's death. If the mem- (1) The length of time between the member's ber should die before one hundred twenty termination date and his subsequent re- (120) monthly payments are made, pay - employment date is not limited. ments are then continued to the desig- nated beneficiary until one hundred twenty (2) The member must pay into the fund an (120) monthly payments in all have been amount equal to the sum of the amount he made, at which time the benefits cease. withdrew from the fund when he termi- nated employment, plus interest thereon (3) Optional forms of benefit. In lieu of the at the rate of seven (7) percent from the form of benefit just described, a member date of withdrawal to the date of repay- may choose an optional form of benefit as ment. provided in section 2 -162 below. (3) The board shall notify the employee of the (4) One hundred (100) percent vesting. Each member who attains normal retirement total amount payable, as described above. date or reaches ten (10) years of credited Payment must be made within ninety (90) service shall be one hundred (100) percent days of such notification. vested in their accrued benefit. (4) Upon timely payment of the required amount, the employee shall immediately be reinstated as member of the plan and shall be given credit for his previous cred- ited service. (Ord. No. 9 -82, § 2, 6- 10 -82; Ord. No. 1 -92, § 2, 2- 13 -92; Ord. No. 2008 -18, § 3, 11- 13 -08) Supp. No. 60 152.8 (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- ADMINISTRATION 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. 60 153 § 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. 60 159 § 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 Officer 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. (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 Supp. No. 60 160 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 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, C i ADNHNISTRATION 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) 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 Supp. No. 60 § 2 -164 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. (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 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 160.1 § 2 -164 NORTH PALM BEACH CODE 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. 60 160.2 CHEALTH AND SANITATION § 14 -28 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. 60 891 Sec. 14 -26. Frequency of collection. 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. 60 892 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 dumpsters of greater than two - cubic -yard capacity are used. (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) 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) 1� Chapter 17 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS* Art. I. In General, §§ 17- 1 -17 -15 Art. II. Local Business Tag, §§ 17- 16- 17.33.1 Art. III. Businesses Located Outside Village Limits, §§ 17- 34 -17 -39 Art. W. Simulated Gambling Devices, §§ 17- 40 -17 -49 Art. V. Ambulances, §§ 17- 50 -17 -60 Art. VI. Garage and Other Sales, §§ 17- 61 -17 -70 Art. VII. Business Advisory Board, §§ 17- 71 -17 -74 *Editor's note — Ordinance No. 7 -81, § 1, adopted July 23, 1981, amended the occupational license provisions, formerly codified in Art. II, §§ 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. 54 1051 1 � 1 / LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17 -74 (c) Subsequent terms. Upon expiration of the (4) Endeavor to build an expanding commu- terms set forth above, each subsequent appoint- nity of support through education of its ment to the board shall be for a term of three (3) members, prospective members, commu- years. nity groups and government officials; (d) Alternate members. Alternate members shall (5) Advise the village council and village ad- serve for a term of one (1) year, with the initial ministration on business development op- term expiring on April 30, 2013. Alternate mem- portunities within the village; bers shall be appointed as first alternate and (6) Identify, analyze and address legislative second alternate, and shall serve on the board in issues that may impact the business com- that order in the event a regular member is munity; and absent. (7) Any additional duties as may be assigned (Ord. No. 2012 -06, § 2, 7- 26 -12) by the village council. (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; [The next page is 11211 Supp. No. 54 1067 Chapter 19 OFFENSES AND MISCELLANEOUS PROVISIONS* Art. I. In General, §§ 19- 1 -19 -30 Art. II. Sexual Offenders and Sexual Predators, §§ 19- 31 -19 -46 Art. III. Offenses Against Property, §§ 19- 47 -19 -63 Art. IV. Offenses Against Public Morals, §§ 19- 64 -19 -81 Art. V. Offenses Against Public Peace, §§ 19- 82 -19 -98 Art. VI. Noise Control, §§ 19 -99 -19 -144 Art. VII. Reserved, §§ 19- 145 -19 -182 Art. VIII. Weapons, §§ 19- 183 -19 -199 Art. IX. Water Shortage Emergencies, §§ 19- 200 -19 -206 Art. X. Alarms, §§ 19- 207 -19 -219 Art. XI. Wellfield Protection, §§ 19- 220-19 -221 *Cross references — General penalty for Code violations, § 1 -8; police, Ch. 23. Supp. No. 31 1225 J C `J i OFFENSES AND MISCELLANEOUS PROVISIONS § 19 -7 ARTICLE I. IN GENERAL or kept or allowed to be operated on any premises within three hundred (300) feet of any school Sec. 19 -1. Definitions. grounds. (Code 1970, § 24 -22) For the purposes of this chapter, the following terms, phrases, words and their derivations shall 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. 37 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, how- ever, that water from sprinkler systems may emanate from private property over and upon sidewalks in the village, except from one and one -half UY2) 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 (1Y2) hours after the closing, of public schools in the county for kindergarten Supp. No. 37 1228 through twelfth 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) Secs. 19- 12- 19 -30. Reserved. 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 � J C-) OFFENSES AND MISCELLANEOUS PROVISIONS § 19 -64 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. ARTICLE III. OFFENSES AGAINST PROPERTY* 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 tdinporary 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) *Cross reference — Persons walking dogs responsible for removal of waste, § 4 -31 et seq. Supp. No. 37 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) 1228.1 CODE COMPARATIVE TABLE Adoption Section Ord. No. Date Section this Code 2014 -13 12 -11 -14 2 Added Ch. 6, Art. IV, H 6- 72-6-86 2014 -14 12 -11 -14 2 2 -4 [The next page is 29331 Supp. No. 60 2895 /_� 1 CODE INDEX Supp. No. 60 2938.1 Section Section BULKHEAD LINES (Cont'd.) Established; designated ................. 7 -1 Filling operation beyond bulkhead line pro - hibited ............................ 7 -2 Filling permit Application fees ...................... 7 -19 Application; issuance ................. 7 -18 Expiration date; renewal; revocation ... 7 -20 Public hearing prerequisite to consider- ation ........................... 7 -17 Required ............................. 7-16 Unlawful fill; removal ................... 7 -3 BULKHEADS Bulkheads and seawalls, construction re- quirements re ..................... 5 -69 et seq. See: BOATS, DOCKS AND WATER- WAYS BUSINESS ADVISORY BOARD 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 Ambulances ............................ 17-50,17-51 Supp. No. 60 2938.1 Section / `, � l CODE INDEX Section Section BUSINESS REGULATIONS (Cont'd.) BUSINESS REGULATIONS (Cont'd.) Business advisory board ................. 17 -71 et seq. Receipt to be posted or carried ........ 17 -26 See: BUSINESS ADVISORY BOARD Special permit for nonprofit enterprise. 17 -22 Businesses located outside village limits Suspension or revocation of receipt; re- Application for certificate of regulation. 17 -34.2 fund of fee ...................... 17 -30 Certificate of business regulation re- Transfer of receipts to new location .... 17 -25 quired; basis of one year ......... 17 -34 Transfer of receipts to new owner...... 17 -24 Commercial vehicles, marking of ...... 17 -34.13 Simulated gambling devices ............. 17 -40 et seq. Compliance by principal deemed compli- See: SIMULATED GAMBLING DE- ance by agent ................... 17 -34.8 VICES Delinquency penalty .................. 17 -34.4 Wellfield protection Doing business not covered by certificate Regulation of business activities with of regulation .................... 17.34 -7 potential to contaminate land and Duplicate certificates of regulation..... 17 -34.6 water resources ................. 19 -221 Duration ............................. 17 -34.3 Zoning False statements Location of business for retail sales of Certificate obtained void ab initio ... 17 -34.7 alcoholic beverages .............. 45- 20(2), 45- Engaging in business without certifi- 36.N cate of regulation or under cer- C -3 Regional Business District...... 45- 34.1(9) tificate issued on .............. 17 -34.11 Fee exemptions ...................... 17 -34.10 C Fee schedule ......................... 17 -34.12 Half -year certificate .................. 17 -34.3 CABLE TELEVISION. See: TELEVISION Issuance of certificate ................. 17 -34.3 Noncompliance of principal............ 17 -34.8 CAMPING Nonprofit enterprise, special permit for 17 -34.5 Recreational, boating and camping equip - Refund of fee ......................... 17 -34.9 ment; parking on residential property Registration required ................. 17 -34.1 restricted .......................... 18 -35 Renewal 17 -34.4 Unauthorized lodging and camping....... 19 -11 ............................. Suspension or revocation of certificate . 17 -34.9 CANALS When due and payable ................ 17 -34.3 Construction requirements .......... • • • • 5 56 et seq. Garage and other sales .................. 17 -61 et seq. See: BOATS, DOCKS AND WATER- See: GARAGE AND OTHER SALES S WAYS Home occupations ....................... 17 -3(a) et seq. See: HOME OCCUPATIONS CATS Local business tax Regulations enumerated ................. 4 -24 et seq. Application for business tax receipt .... 17 -18 See: ANIMALS AND FOWL Business tax exemptions .............. 17 -31 Business tax imposed; basis of one year 17 -16 CERTIFICATES Business tax receipt renewal; delin- Appearance code; certificate of appropriate - quency penalty.................. 17 -20 ness .............................. 6 -56 et seq. Business tax schedule ................ 17 -33 See: BUILDINGS Compliance by principal deemed compli- Boats, docks and waterways; unlawfully ance by agent; noncompliance of anchored or moored vessels principal ........................ 17 -29 Unclaimed vessel to be sold; certification Declaration where fee depends on vari- of sale .......................... 5 -22 able factors within applicant's Businesses located outside village limits, knowledge ...................... 17 -23 certificate of business regulations re. 17 -34 et seq. Doing business not covered by receipt; See: BUSINESS REGULATIONS receipt obtained by false state- Emergency medical services ............. 11.5 -21 ments void ab initio ............. 17 -28 Historic site overlay district; certificate of Duplicate receipts .................... 17 -27 appropriateness .................... 45 -37(H) Engaging in business without receipt or CIVIL DISORDERS AND DISTURBANCES. under receipt issued on false state- See: EMERGENCY MANAGEMENT ments .......................... 17 -32 How tax construed as to specified pro- CLERK fessions ......................... 17 -21 Department of records, provisions re vil- Issuance of receipt; duration; half -year lage clerk and deputy village clerk.. 2 -67 et seq. receipt; when due and payable ... 17 -19 See: DOCUMENTS AND PUBLIC RE- Marking of commercial vehicles ....... 17 -33.1 CORDS Supp. No. 58 2939 NORTH PALM BEACH CODE Supp. No. 58 2940 Section Section CLUBS COIN - OPERATED AMUSEMENTS Country club ........................... 9 -1 et seq. Proximity to schools restricted ........... 19 -4 See: COUNTRY CLUB COMBAT AUTO THEFT (CAT) CODE ENFORCEMENT, ALTERNATE Establishment, regulations .............. 18 -19 METHOD OF Codes to be enforced by citation.......... 2 -253 COMMITTEES, COMMISSIONS. See: DE- Failure to accept citation ................ 2 -255 PARTMENTS AND OTHERAGENCIES Form and contents of citation ............ 2 -252 OF VILLAGE Issuance of citations .................... 2 -251 Provisions additional and supplemental .. 2 -256 COMMUNICATIONS Right to hearing; maximum penalty...... 2 -254 Telecommunications Generally ............................ 29 -1 et seq. CODE ENFORCEMENT See: TELECOMMUNICATIONS Actions for money judgments Service tax ........................... 26 -51 et seq. Limitation ........................... 2 -182 See: TAXATION Alarm regulations, enforcement re ....... 19 -217 Applicability ............................ 2 -173 COMMUNITY DEVELOPMENT DEPART - Conduct of hearing ...................... 2 -176 MENT Declaration of legislative intent.......... 2 -171 Buildings Definitions ............................. 2 -172 Appearance code Enforcement procedure .................. 2 -175 Certificate of appropriateness Fines; liens Follow -up by community develop - Appeal .............................. 2 -180 ment department........... 6 -60 Copies of orders imposing fines ........ 2- 178(d) Director's duties ........................ 2 -111 Determination of amount of fine ....... 2- 178(b) Divisions Duration of lien ...................... 2 -179 Code compliance ..................... 2- 112(2) Generally ............................ 2- 178(a) Permits and inspections .............. 2- 112(1) Notices .............................. 2 -181 Planning ............................. 2- 112(3) Reduction of fine ..................... 2- 178(c) Provisions supplemental ................. 2 -183 COMPUTATION OF TIME Special magistrates Definitions and rules of construction ..... 1 -2 Appointment ......................... 2- 174(a) Power and authority .................. 2- 174(b) CONCURRENCY MANAGEMENT Powers of ............................ 2 -177 Provisions enumerated.................. 21 -41 et seq. Qualifications ........................ 2- 174(c) See: PLANNINGAND DEVELOPMENT CODE OF ORDINANCES* COUNCIL. See: VILLAGE COUNCIL Altering Code ........................... 1 -7 Amendments ........................... 1 -6 COUNTRY CLUB Catchlines .............................. 1 -3 Finances Court cost Delinquent accounts; penalties ........ 9 -32 Assessment of additional court costs for Golf advisory board ..................... 9 -16 et seq. criminal justice education expendi- See: GOLF ADVISORY BOARD tures ........................... 1 -9 Premises Definitions and rules of construction ..... 1 -2 Disfiguration and/or removal of building Designated and cited .................... 1 -1 or other property................ 9 -1(1) References to chapters or sections........ 1 -3 Enforcement ......................... 9 -2 Repeal of ordinances, effect of............ 1 -4 Hours ............................... 9 -1(2) Severability of parts .................... 1 -5 Signs. ............................... 9 -2 Village clerk, duties re recording ordi- Violations and penalties .............. 9 -2 nances ............................ 2 -67(3) Village logo ............................. 1 -10 COUNTY Violations, penalty and prosecution costs . 1 -8 Definitions and rules of construction ..... 1 -2 *Note —The adoption, amendment, repeal, omissions, effec- COURTS tive date, explanation of numbering system and other matters Court cost pertaining to the use, construction and interpretation of this Assessment of additional court costs for Code are contained in the adopting ordinance and preface criminal justice education expendi- which are to be found in the preliminary pages of this volume. tures ........................... 1 -9 Supp. No. 58 2940 OCODE INDEX Supp. No. 55 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) Vmes ............................. 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 • P > PP Y 27 -59 Topless costumes ....................... 19 -64 adjacent to public Sight distance adjacent to public rights - Vulgar language ........................ 19 -65 Window peeping ........................ 19 -65 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 H 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............ P P Y 16 -1 Appearance plan (Appendix A). See that Department of library Department subject Librarian ............................ 2 -93 Application of provisions; enforcement.... 27 -33 Library board Certain yard areas, off - street parking and Appointment ......................... 16 -17 other vehicular use areas 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. 55 2945 NORTH PALM BEACH CODE _ I Section Section LICENSES AND PERMITS MAY, SHALL Alarm permit ........................... 19 -208 et seq. Definitions and rules of construction ..... 1 -2 See: ALARMS Boat launching area permits ............. 5 -34 MAYOR Bulkhead lines; filling permit............ 7 -16 et seq. Civil disorders and disturbances See: BULKHEAD LINES Mayor designated local authority for pres- Bulkheads and seawalls ................. 5 -72 ervation of public peace.......... 8 -21 Code enforcement, applicability re ....... 2 -173 Village council; presiding officer at meet - Community development department ings ............................... 2 -18 Permits and inspections .............. 2- 112(1) MEASURES. See: WEIGHTS AND MEA- Driveways. See herein: Sidewalk and Drive- SURES way Permits Emergency medical services ............. 11.5 -21 MEDICAL SERVICES Flood damage prevention development per- Emergency medical services ............. 11.5 -21 et seq. mit ............................... 12.5 -22 See: EMERGENCIES Garage, related sales .................... 17 -62 MEETINGS. See: ASSEMBLIES Home occupations. See also that subject Generally ............................ 17 -16 et seq. MISSILES, STONES, ETC. Business tax receipt for home occupa- Throwing missiles ...................... 19 -83 tions ......................... 17 -3(c) et seq. Park and recreation facilities; meeting and MONTH gathering permits .................. 20 -31 et seq. Definitions and rules of construction ..... 1 -2 See: PARKS, PLAYGROUNDS AND MONUMENTS RECREATION Subdivisions, required improvements re .. 36 -27 Seawalls. See herein: Bulkheads and Sea- walls MOTOR VEHICLES AND TRAFFIC Sidewalk and driveway permits.......... 24 -55 et seq. Ambulances ............................ 17-50,17-51 See: STREETS, SIDEWALKS AND PUB- Businesses located outside village limits; LIC PLACES marking of commercial vehicles ..... 17 -34.13 Street excavation permits ............... 24 -28, 24 -29 Combat Auto Theft (CAT) ............... 18 -19 Swimming pool permits ................. 25 -3 Discarded vehicles, etc.) Utilities Abatement of public nuisances on pri- Use of rights -of -way for utilities; written vate ro ert P P Y ................... 14 -79 et seq. permit .......................... 28-2,28-3 See: NUISANCES LOCAL BUSINESS TAX Hitchhiking prohibited .................. 19 -6 Regulations enumerated ................. 17 -16 et seq. Local business tax; marking of commercial See: BUSINESS REGULATIONS vehicles ........................... 17 -33.1 Motorized scooters ...................... 18 -20 LODGING Park regulations re traffic ............... 20 -5 Unauthorized lodging and camping....... 19 -11 Parking. See herein: Stopping, Standing and Parking LOGO Stopping, standing and parking Village logo ............................. 1 -10 Parking restricted.................... 18 -34 Recreational, boating and camping equip- LOTS ment, and personal recreational use Subdivision design standards ............ 36 -18 trailers; parking on residential prop- Zoning regulations ...................... 45 -1 et seq. erty restricted................... 18 -35 See: ZONING (Appendix C) Signs, parking in violation of.......... 18 -36 Vehicle, trailer or boat parking prohib- M ited upon paved or unpaved area of the road right -of -way of specific MANAGER. See: VILLAGE MANAGER roadways ....................... 18 -34.1 Violations; fines MANGROVE STANDS Handicap spaces ................... 18 -37 Flood damage prevention provisions...... 12.5 -45 Non - handicap spaces ............... 18 -38 MAPS. See: SURVEYS, MAPS AND PLATS Vehicular operation Speed limits MARINE SANCTUARIES Generally ......................... 18 -16 Designated ............................. 5 -101 Weight limitations on certain roads.... 18 -18 Supp. No. 55 2946 J CODE INDEX 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 ............................ 19 -101 See: ELECTIONS Permissible time for construction activity. 19 -105 Emergency management Prohibition against Exempt employee emergency duty Speakers in rights -of -way and air space 19 -102 Compensation ..................... 8 -31 Unreasonable noise ................... 19 -100 Finance director ........................ 2 -59 Radios or other mechanical sound - making Fire chiefs duties ....................... 2 -81 devices or instruments in vessels, op- Golf advisory board ..................... 9 -16 et seq. eration of ......................... 19 -103 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 general employees............... 2 -146 et seq. Definitions ........................... 14 -79 Social security ....................... 2 -136 et seq. Notice of public nuisance; right to re- Police quest hearing ................... 14 -81 Reserve force Uses or activities constituting a public Appointment to service by chief of nuisance ........................ 14 -80 police........................ 23 -45 Animals creating nuisances .............. 4 -12 Public works director.................... 2 -84 False alarms Recreation director ...................... 2 -110 Excessive false alarms declared public Social security .......................... 2 -136 et seq. nuisance ........................ 19 -212 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 O OFFICIAL TIME OATH, AFFIRMATION, SWEAR OR SWORN Definitions and rules of construction ..... 1 -2 Administrative code, provisions re oaths of OPEN SPACES. See: YARDS AND OPEN office .............................. 2 -41 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. 57 2947 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 PENALTIES. See: FINES, FORFEITURES Zoning, provisions re off - street parking... 45 -27 et seq. AND OTHER PENALTIES See: ZONING (Appendix C) PENSIONS AND RETIREMENT PARKS, PLAYGROUNDS AND RECREATION ICMA defined contribution pension plan Alcoholic beverages Administrative services agreement and Consumption on playgrounds and public adoption agreements ............ 2- 170.14 parks ........................... 3 -3 Creation ............................. 2- 170.12 Bicycles Effective date ........................ 2- 170.15 Operation in safe manner, etc.......... 20 -6(2) Vesting period ........................ 2- 170.13 Operation prohibited in certain areas.. 20 -6(1) Length of service award plan for volunteer Boat launching areas firefighters Vehicle/trailer parking in designated ar- Benefit formula ...................... 2 -170.6 eas ............................. 5 -35 Contact person....................... 2- 170.10 Buildings or structure erectin g .......... 20 -3 Effective date ........................ 2 -170.3 Department of recreation Eligibility........ .... ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' 2 -170.4 Director's duties Entitlement age ...................... 2 -170.5 Conduct community activity ........ 2- 110(2) Plan, name of ........................ 2 -170.2 Supervise recreation areas.......... 2- 110(1) Point system ......................... 2- 170.11 Ejectment of violators ................... 20 -8 Preretirement death benefit........... 2 -170.7 Enforcement of provisions, responsibility . 20 -7 Purpose ............................. 2 -170 Golf advisory board ..................... 9 -16 et seq. Sponsor, name of ..................... 2 -170.1 See: GOLF ADVISORY BOARD Trustee and contact person............ 2- 170.10 Vesting provisions, schedule of ........ 2 -170.8 Hours regulated ........................ 20 -1 Village contributions.................. 2 -170.9 Meetings and gatherings Pension and certain other benefits for fire Liability for loss or injury ............. 20 -23 and police employees Permit Benefit amounts Appeal from refusal to issue ........ 20 -35 401(a)(9) Required Distributions .... 2- 161(i) Application ........................ 20 -33 Cost of living ................ g 2 -161( g) Form ............................. 20 -32 Disability retirement ............... retirement 2- 161(e) Issuance standards ................ 20 -34 Early retirement................... 2- 161(b) Required .......................... 20 -31 Formula .......................... 2- 161(c) Revocation ........................ 20 -36 Limitation on...................... 2- 161(h) Rules and regulations, permittee bound Normal retirement benefit.......... 2- 161(a) by .............................. 20 -22 Preretirement death ............... 2- 161(d) Property used to violate provisions, confis- Termination benefits and vesting.... 2- 161(f) cation of .......................... 20 -9 Board of trustees Recreation advisory board Bring and defend lawsuits Created .............................. 20 -61 Powers......................... 2- 164(e) Duties ............................... 20 -66 Composition ....................... 2- 164(a) Meetings ............................ 20 -65 Forfeiture of membership on board Officers' quorum, compensation........ 20 -64 for absenteeism ............... 2- 164(b) Removal ............................. 20 -63 Meetings .......................... 2- 164(d) Terms ............................... 20 -62(b) Power and authority............... 2 -166 Vacancies ............................ 20 -62(c) Reports and records................ 2- 164(c) Restrooms, failure to cooperate in keeping Contributions neat or sanitary ................... 20 -2 Employer ......................... 2- 163(c) Traffic Forfeitures ........................ 2- 163(d) Enforcement of traffic regulations ..... 20 -5(2) Member ........................... 2- 163(a) Operation confined to roads........... 20 -5(5) State .............................. 2- 163(b) Parking areas designated ............. 20 -5(6) Creation of trust and definitions....... 2 -159 Signs . ............................... 20 -5(3) Creation of trust................... 2- 159(a) Supp. No. 57 2948