Code of Ordinances Supplement 38 SUPPLEMENT NO. 38
October 2008
CODE OF ORDINANCES
Village of
NORTH PALM BEACH, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at
this time through:
Ordinance No. 2008-09, adopted August 28, 2008.
See the Code Comparative Table for further information.
Included in the Charter is:
Ordinance No. 2008-10, adopted September 11, 2008.
See the Charter Comparative Table for further information.
Remove old pages Insert new pages
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
10.1-10.3 10.1-10.3
65 65
2619 2619
2891 2891
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column reflects the latest printing of the pages as they should appear in an
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in compiling an up-to-date copy from the original Code and subsequent
Supplements.
Page No. Supp. No. Page No. Supp. No.
Title page 1 77 OC
iii 1 79, 80 OC
v, vi OC 81, 82 25
vii, viii OC 83 25
ix OC 133 33
x.i, x.ii 1 134.1, 134.2 34
x.iii 1 135, 136 34
xi, xii 36 136.1, 136.2 24
xiii, xiv 36 137, 138 33
xv, xvi 36 138.1, 138.2 33
1 25 138.3 30
3, 4 25 139, 140 34
5, 6 25 140.1, 140.2 28
7, 8 25 141, 142 33
9, 10 29 142.1 33
10.1, 10.2 38 143, 144 31
10.3 38 144.1, 144.2 36
11, 12 25 145, 146 36
13, 14 25 146.1 36
15, 16 33 147, 148 32
16.1 33 148.1 32
17, 18 25 149, 150 29
19 25 150.1, 150.2 31
65 38 151 31
Supp. No. 38 [1]
NORTH PALM BEACH CODE
Page No. Supp. No. Page No. Supp. No.
153, 154 26 403 OC
155, 156 26 453 OC
156.1, 156.2 26 455, 456 22
157, 158 35 507 22
159, 160 35 509, 510 33
160.1 35 511 22
161, 162 25 559 36
163, 164 36 561, 562 36
164.1 36 563 36
165, 166 25 615 36
167, 168 25 617, 618 36
169 25 671 2
211 OC 673 24
213, 214 19 695 13
263 OC 697 13
265, 266 OC 723 24
267, 268 27 725, 726 33
269 27 727, 728 5
319 29 729 5
321, 322 17 777 OC
323, 324 33 779, 780 OC
325, 326 32 781, 782 OC
326.1 32 783, 784 OC
327, 328 27 785, 786 OC
329, 330 36 787, 788 OC
331, 332 36 789 OC
332.1 27 839 OC
333, 334 32 889 OC
335 32 891, 892 36
381 23 892.1 33
383, 384 33 893, 894 OC
385 24 895, 896 OC
398.3, 398.4 7 945 OC
398.5, 398.6 23 947, 948 33
398.7, 398.8 23 997 OC
398.9, 398.10 23 999, 1000 22
398.11, 398.12 33 1051 33
398.13, 398.14 33 1053, 1054 31
398.14.1, 398.14.2 33 1054.1, 1054.2 31
398.15, 398.16 36 1054.3, 1054.4 31
398.16.1 36 1055, 1056 36
398.17, 398.18 33 1057, 1058 33
399, 400 OC 1059, 1060 33
401, 402 OC 1060.1, 1060.2 33
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CHECKLIST OF UP-TO-DATE PAGES
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1060.3, 1060.4 33 1517 OC
1060.5 33 1519, 1520 OC
1061, 1062 8 1521, 1522 27
1063, 1064 8 1523 27
1121 OC 1573 24
1171 OC 1575,1576 29
1173, 1174 28 1627 9
1175, 1176 36 1629, 1630 27
1177 36 1631 27
1225 31 1681 OC
1227,1228 37 1683,1684 33
1228.1 37 1684.1, 1684.2 24
1229, 1230 21 1685, 1686 OC
1231, 1232 21 1687, 1688 17
1233, 1234 33 1689, 1690 17
1235, 1236 30 1739 14
1236.1 30 1741, 1742 21
1237, 1238 16 1781 21
1239, 1240 33 1783, 1784 21
1241,1242 33 1785,1786 33
1289 3 1787,1788 33
1291, 1292 OC 1788.1 33
1293, 1294 29 1789, 1790 21
1295 29 1791, 1792 21
1343 4 1793,1794 21
1345, 1346 22 1795, 1796 21
1346.1 22 2043 OC
1347,1348 29 2045,2046 33
1349, 1350 33 2046.1 25
1351, 1352 33 2047, 2048 OC
1353, 1354 33 2049, 2050 OC
1355, 1356 33 2051, 2052 OC
1356.1 33 2053 OC
1357, 1358 OC 2353 OC
1359, 1360 33 2355, 2356 OC
1361, 1362 33 2357, 2358 33
1363, 1364 33 2359, 2360 33
1365, 1366 33 2361, 2362 33
1366.1, 1366.2 33 2363, 2364 33
1366.3, 1366.4 33 2364.1 33
1367 5 2365,2366 OC
1411 OC 2367, 2368 37
1463 OC 2368.1 37
1465, 1466 OC 2369, 2370 OC
Supp. No. 38 [3]
NORTH PALM BEACH CODE
Page No. Supp. No. Page No. Supp. No.
2371, 2372 OC 2510.27, 2510.28 25, Add.
2373, 2374 33 2510.29, 2510.30 25, Add.
2375, 2376 33 2510.31, 2510.32 25, Add.
2377, 2378 33 2510.33, 2510.34 25, Add.
2379 33 2510.35, 2510.36 25, Add.
2479 9 2510.37, 2510.38 25, Add.
2481, 2482 23 2510.39, 2510.40 25, Add.
2483, 2484 23 2510.41, 2510.42 25, Add.
2484.1, 2484.2 35 2510.43, 2510.44 25, Add.
2485 35 2510.45, 2510.46 25, Add.
2486.1, 2486.2 23 2510.47, 2510.48 25, Add.
2486.3, 2486.4 33 2510.49, 2510.50 25, Add.
2486.5, 2486.6 33 2510.51, 2510.52 25, Add.
2486.7 33 2510.53, 2510.54 25, Add.
2487, 2488 OC 2510.55, 2510.56 25, Add.
2488.1, 2488.2 18 2510.57, 2510.58 25, Add.
2489, 2490 18 2511, 2512 30
2491, 2492 18 2512.1, 2512.2 23
2493, 2494 18 2512.3, 2512.4 33
2495, 2496 18 2512.5, 2512.6 33
2497, 2498 32 2512.7 33
2499, 2500 32 2513, 2514 OC
2500.1 32 2515, 2516 22
2501, 2502 25 2517, 2518 22
2503,2504 28 2619 38
2504.1, 2504.2 29 2819, 2820 36
2504.3 28 2869, 2870 OC
2505, 2506 10 2871 OC
2507, 2508 13 2873 OC
2509, 2510 32 2875, 2876 OC
2510.1, 2510.2 32 2877, 2878 OC
2510.2.1 32 2879, 2880 OC
2510.3, 2510.4 25, Add. 2881, 2882 14
2510.5, 2510.6 25, Add. 2883, 2884 14
2510.7, 2510.8 25, Add. 2885, 2886 19
2510.9, 2510.10 25, Add. 2887, 2888 25, Add.
2510.11, 2510.12 25, Add. 2889, 2890 33
2510.13, 2510.14 25, Add. 2891 38
2510.15, 2510.16 25, Add. 2933, 2934 25
2510.17, 2510.18 25, Add. 2935, 2936 36
2510.19, 2510.20 25, Add. 2937, 2938 36
2510.21, 2510.22 25, Add. 2939, 2940 37
2510.23, 2510.24 25, Add. 2941, 2942 36
2510.25, 2510.26 25, Add. 2943, 2944 36
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CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No.
2945, 2946 37
2946.1 37
2947, 2948 36
2949, 2950 36
2951, 2952 37
2953, 2954 36
2955, 2956 37
2957, 2958 36
2959, 2960 36
Supp. No. 38 [5]
CHARTER § 1
said westerly right-of--way line being herein as- Subject to restrictions, reservations, easements
sumed to be a line parallel to and 40 feet westerly and covenants of record, if any, to the extent that
from the centerline of said road, and also being same are valid and enforceable.
parallel to and 7 feet westerly from the westerly Lots 43, 44, 45 and 46, KELSEY ACRES, PLAT
right-of--way line of said road, as per Plat of NO. 2 (LESS AND EXCEPT that land taken or
Rivard Subdivision, as recorded in Plat Book 21, conveyed to the Department of Transportation for
page 12, and said point of beginning being 1145.6 Highway Purposes as shown on Road Plat Book 4,
feet northerly, measured along said right-of--way page 22 and as appear in instruments recorded in
line, from the South line of said Section 17; thence Official Record Book 3538, page 1834 and in
westerly, at right angles to the preceding course, Official Record Book 3543, page 332), according to
128.06 feet, more or less, to a point in the westerly the plat thereof on file in the Office of the Clerk of
line of the Southeast Quarter of the Southwest the Circuit court in and for Palm Beach County,
Quarter of said Section 17; thence northerly along Florida, as in Plat Book 24, page 47.
said westerly line, 54.15 feet, more or less, to a
point in a line parallel to, and 50 feet northerly Lot 47, KELSEYACRES # 2, according to the Plat
from, measured at right angles to, the South line thereof on file in the Office of the Clerk of the
of the herein described parcel, thence easterly Circuit Court in and for Palm Beach County,
along said parallel line, 107 feet more or less, to a Florida, recorded in Plat Book 24, Page 47, less
point in said westerly right-of--way line of State and except the following described property con-
Road AlA; thence southerly along said westerly veyed to the State of Florida by instrument re-
corded at Official Record Book 3697, Page 355 of
right-of--way line, 50 feet, more or less, to the Official Records of Palm Beach County, Florida:
point of beginning. Commence at the Northwest corner of said Lot 47,
thence South 38°22'23" West along the Westerly
PARCEL II: A parcel of land in Section 17, Town- line of said Lot 47, a distance of 68.64 feet to the
ship 42 South, Range 43 East, more particularly POINT OF BEGINNING; thence continue South
described as follows: 38°22'23" West along said Westerly line a distance
of 29.69 feet to a point on a curve concave South-
Beginning at a point in the westerly right-of--way westerly having a tangent bearing of South
line of State Road AlA, formerly State Road 176, 36° 18'02" East through said point; thence south-
said westerly right-of--way line being herein as- easterly along said curve having a radius of
sumed to be a line parallel to and 40 feet westerly 5769.58 feet, through an angle of O1°27'35" an arc
from the centerline of said road, and also being distance of 146.99 feet to the Southeast corner of
parallel to, and 7 feet westerly from the westerly said Lot 47; thence North 50°46'22" East along
right-of--way line of said road, Plat of Rivard the Easterly line of said Lot 47 a distance of 25.83
Subdivision, Plat Book 21, Page 12, and said point feet to a point on a curve concave Southwesterly
of beginning being 1095.6 feet northerly, mea- and having a tangent bearing of North 33°50'47"
sured along said right-of--way line, from the South West through said point; thence Northwesterly
line of said Section 17, then northerly along said along said curve having a radius of 6305.45 feet
westerly right-of--way line 50 feet; then westerly through an angle of O1°23'44" an arc distance of
at right angles to the preceding course, 128.06 153.58 feet to the POINT OF BEGINNING.
feet, more or less, to a point in the westerly line of A parcel of land in the southwest quarter of
the Southeast Quarter of Southwest Quarter of Section 17, Township 42 South, Range 43 East,
said Section 17; then southerly along said west- palm Beach County, more particularly described
erly line, 53.96 feet, more or less to a point in a as follows:
line parallel to, and 50 feet southerly from, mea-
sured at right angles to, the north line of the Beginning at the intersection of the easterly right-
herein described parcel, thence easterly along of-way line of the Florida East Coast Railroad and
said parallel line 144 feet, more or less, to a point the westerly extension of the southerly right-of-
of beginning. way line of Richard Road as said right-of--way is
Supp. No. 38 10.1
§ 1 NORTH PALM BEACH CODE
shown on the plat of Kelsey Acres recorded in Plat Groups 1, 3 and 5 shall be elected in the even
Book 22, Page 16, Public Records of Palm Beach years and councilmen in Groups 2 and 4 shall be
County, Florida; thence southerly along the east- elected in the odd years. The term of office of a
erly right-of--way llne of the F.E.C. Railroad a councilman shall commence upon his election and
distance of 530.00 feet; thence easterly making an qualification and shall continue for two (2) years
angle with the preceding course measured from thereafter and until his successor is elected and
North to East of 85°00'20", a distance of 271.47 qualified; provided, however, that the terms of
feet, more or less, to the westerly right-of--way line office of those councilmen whose terms expire in
of State Road A-1-A, said right-of--way line being March of 1981 and March of 1982 shall be short-
also the arc of a curve concave to the Southwest ened by a period of one week.
and having a radius of 5689.58 feet; thence north- (Ord. No. 1-76, § 1, 2-19-76; Ord. No. 29-80, § 1,
westerly, along the arc of said curve and the 10-9-80)
westerly right-of--way line of state road A-1-A,
through an angle of 4° 14' 13" a distance of 430.73 Section 3. Mayor.
feet to the said westerly extension of the south-
erly right-of--way line of Richard Road; thence The council shall elect from among its mem-
westerly along said westerly extension a distance bers a mayor, a vice mayor, and a president pro
of 232.47 feet to the point of beginning. Less tem to serve at the pleasure of the council. Elec-
additional right-of--way acquired by the depart- tion of the mayor, vice mayor and president pro
ment of transportation in that order of taking tem shall be done annually at the first (1st)
recorded in Official Record Book 3666, Page 141. regular council meeting after the village election.
(Laws of Fla., Ch. 73-564, § 1; Ord. No. 03-95, The mayor shall preside at meetings of the coun-
2-9-95; Ord. No. 24-96, 7-11-96; Ord. No. 33-96, cil, shall be recognized as head of village govern-
8-22-96; Ord. No. 20-99, § 1, 5-27-99; Ord. No. ment for all ceremonial purposes, by the governor
16-2002, § 1, 5-23-02; Ord. No. 27-2002, § 1, for purposes of military law, for service of process,
9-26-02; 03-2003, § 1, 2-13-03; Ord. No. 10-2004, execution of contracts, deeds and other docu-
1(Exh. A), 7-8-04; Ord. No. 33-2004, § 1(Exh. menu, and as the village official designated to
A), 12-9-04; Ord. No. 2007-04, § 2, 3-8-07; Ord. represent the village in all agreements with other
No. 2007-05, § 2, 3-8-07; Ord. No. 2008-10, § 2(Exh. governmental entities or certifications to other
A), 9-11-08) governmental entities, but shall have no admin-
istrative duties except as required to carry out the
responsibilities herein. The vice mayor shall act
ARTICLE III. LEGISLATIVE as mayor during the absence or disability of the
mayor. The president pro tem shall preside at
Section 1. Village council; powers and com- council meetings in the absence of the mayor and
position. vice mayor.
There shall be a village council with all legis- The mayor shall have power, for sufficient
lative powers of the village vested therein consist- cause, to suspend any Village officer or official
ing of five (5) members who shall be electors of the appointed by the council. In case of the suspen-
village, who shall be elected by the electors of the Sion of any such person, the mayor shall, within
village. fifteen (15) days thereafter, deliver to the village
(Ord. No. 1-76, § 1, 2-19-76) clerk, or his deputy, a specification in writing of
the charges preferred to the officer suspended;
Section 2. Election and terms. and it shall be the duty of said clerk to present
such charges to the council at its next meeting
On the second Tuesday in March of each year a following the receipt of such charges by him.
general election shall be held to elect members of Thereafter the council shall proceed to hear and
the village council. The selection of members of determine the said charges after reasonable no-
the village council shall be by groups to be known tice of such hearing to the suspended officer, who
as Groups 1, 2, 3, 4 and 5. The councilmen in shall be given an opportunity to be heard with his
Supp. No. 38 10.2
CHARTER § 5
witnesses. If upon such hearing the charges pre-
ferred against such officer shall not be sustained
by the council, the officer shall be thereby imme-
diately restored to office unless the council shall
decide to terminate the services of such officer for
other cause, or without cause.
In the event that any village officer shall be
suspended by the mayor as herein provided, the
mayor shall have power to appoint some person or
some other officer of the Village temporarily to
perform the duties of the officer suspended, until
the charges against such suspended officer are
heard and determined by the council.
(Ord. No. 1-76, § 1, 2-19-76)
Section 4. Compensation and expenses.
The council may determine the annual salary
of council members by ordinance, but no ordi-
nance increasing such salary shall become effec-
tive until the date of commencement of the terms
of the council members elected at the next regular
election, provided that such election follows the
adoption of such ordinance by at least six (6)
months.
(Ord. No. 1-76, § 1, 2-19-76)
Section 5. Vacancies; forfeiture of office; fill-
ing of vacancies.
(a) Vacancies. The office of a council member
shall become vacant upon his death, resignation,
removal from office in any manner authorized by
law or forfeiture of his office, such forfeiture to be
declared by the remaining members of the coun-
cil.
(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
prescribed by this charter or by law.
Supp. No. 38 10.3
CHARTER COMPARATIVE TABLE
Chapter Disposition
Number Section Article/Section
31481 (1956) Art. I I
73-564 1 II 1
Ordinance Disposition
Number Date Section Article/Section
29-80 10- 9-80 1 III 2
11-86 9-11-86 1 III 11
03-95 2- 9-95 II 1
24-96 7-11-96 II 1
33-96 8-22-96 II 1
20-99 5-27-99 1 II 1
16-2002 5-23-02 1 II 1
27-2002 9-26-02 1 II 1
31-2002 12-12-02 1 Added I.A.
33-2002 12-12-02 1 Added III 5(e)
34-2002 12-12-02 1 III 9(a)
35-2002 12-12-02 1 10
36-2002 12-12-02 1 III 11(a) (c)
37-2002 12-12-02 1 Added III 12
38-2002 12-12-02 1 Rpld IV 7
Added IV 7
2 Added IV 8
3 Added IV 9
4 Added IV 10
39-2002 12-12-02 1 V 3
40-2002 12-12-02 1 Added IV 7
03-2003 2-13-03 1 II 1
10-2004 7- 8-04 1(Exh. A) II 1
33-2004 12- 9-04 1(Exh.A) II 1
2006-24 ll- 9-06 3 Added III 12(note)
2007-04 3- 8-07 2 II 1
2007-05 3- 8-07 2 II 1
2008-10 9-11-08 2(Exh. A) II 1
[The next page is 77]
Supp. No. 38 65
APPENDIX D
FRANCHISES*
Included herein is a listing of franchises of the village:
Ord. Adoption Term
No. Date Subject Franchise (years) Expiration Date
2 7-22-57 Electricity Florida Power & Light Co. 30 1987
5 10-22-56 Water and sew- North Palm Beach, Utilities, Inc. 30 1986
age
36 10-14-58 Telephone and Southern Bell Telephone and 30 1988
telegraph Telegraph (Replaced by South-
ern Bell Telephone and Tele-
graph Co. Res. No. 5-90)
37 10-28-58 Gas Green's Fuel of Florida Corp. (Re- 30 1988
placed by Florida Public Utili-
ties Co. Ord. No. 11-80)
116-1965 3-23-65 CATV Burnup & Sims, Inc. (Replaced 30 1995
by Southeast Florida Cable, Inc.
D/B/A Aldelphia Cable Commu-
nications Ord. No. 10-97)
156-67 9-19-67 Amends Ord. Burnup, & Sims, Inc. (Replaced
No. 116-1965 by Southeast Florida Cable, Inc.
D/B/A Aldelphia Cable Commu-
nications Ord. No. 10-97)
168-67 12-19-67 Amends Ord. Green's Fuel of Florida Corp. (Re-
No. 37 placed by Florida Public Utili-
ties Co. Ord. No. 11-80)
216-70 9-10-70 Amends Ord. Burnup & Sims, Inc. (Replaced
No. 116-1965 by Southeast Florida Cable, Inc.
D/B/A Aldelphia Cable Commu-
nications Ord. No. 10-97)
11-80 5-22-80 Gas Florida Public Utilities Co. 30 2010
14-80 7-10-80 Electric Florida Power & Light Co. 30 2010
10-97 2-27-97 CATV Southeast Florida Cable, Inc.
D/B/AAdelphia Cable Communi-
cations
5-90 (Res.) 3- 8-90 Telephone and Southern Bell Telephone and 30 2020
telegraph Telegraph Co.
30-2000 10-12-00 Telecommunica- FPL Fibernet, LLC
tions
2008-09 8-28-08 Electricity Florida Power & Light Company 30 2038
*Cross reference-Ch. 28, use of rights-of-way for utilities.
[The next page is 2819]
Supp. No. 38 2619
CODE COMPARATIVE TABLE
Adoption Section
Ord. No. Date Section this Code
8 19-221
9 29-5(a)
10 App. C, § 45-20(9),
(10)
11 App. C, § 45-36 Q(5)
2007-01 1-11-07 2 Added 21-48
2007-03 2- 8-07 2 6-17
2007-10 4-12-07 1 2-52(a)
2 2-54(3)
2007-13 7-12-07 1, 2 2-1
2007-16 10-25-07 2 Added App. C, § 45-16.1
2007-17 10-25-07 2 Added 2-166(1)d.
2007-19 12-13-07 2, 7 18-34
3 2-173
2007-20 12-13-07 2 Rpld 9-16 9-21
3 9-16 9-19
2007-21 12-13-07 2 14-30(2)
2008-01 1-10-08 2 6-115(F)
2008-02 1-10-08 2 2-148
2008-03 1-24-08 2 10-5
Dltd 10-6 10-8
Rnbd 10-9
as 10-6
Dltd 10-10
Rnbd 10-13
as 10-7
4 Rpld 10-58 10-64
3 10-76
Rpld 10-77
2008-04 1-24-08 2 5-83
5-85
2008-06 2-28-08 2 Added 19-11
2008-07 4-10-08 2 36-23
2008-09 8-28-08 App. D
[The next page is 2933]
Supp. No. 38 2891