The URL can be used to link to this page

Pages Replaced by Supplement #63/i TABLE OF CONTENTS Page Officials of the Village ........ ............................... iii Preface..................................................... v Adopting Ordinance .......... ............................... vii Readopting Ordinance ....................................... x.i Checklist of Up -to -Date Pages . ............................... [1] Supplement History Table .... ............................... SH:1 PART I 133 CHARTER 134.3 Charter...................... ............................... 1 Art. I. Corporate Name .............................. 3 Art. I.A. Vision Statement ........................... 3 Art. II. Territorial Boundaries ....................... 5 Art. III. Legislative .. ............................... 10.5 Art. IV. Administrative .............................. 15 Art. V. Qualifications and Elections .................. 17 Art. VI. Transition Schedule ......................... 18 Charter Comparative Table ... ............................... 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions ........ ............................... 77 2. Administration ........... ............................... 133 Art. I. In General .... ............................... 134.3 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 ................... 141 Div. 5. Police Department ....................... 142 Div. 6. Fire Rescue Department .................. 142.1 Div. 7. Department of Public Works .............. 142.1 Div. 8. Department of Library ................... 142.2 Div. 9. Department of Country Club ............. 143 Div. 10. Department of Recreation ............... 143 Div. 11. Department of Community Development . 143 Supp. No. 62 xi NORTH PALM BEACH CODE Chapter Page 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- 385 eral Employees .......................... 145 Div. 4. Pension and Certain Other Benefits for Fire 387 and Police Employees .................... 152.3 Div. 5. Length of Service Award Plan for Volunteer 392.1 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 Art. II. Civil Disorders and Disturbances ............. 510 Supp. No. 62 xii \l TABLE OF CONTENTS— Con'd. Chapter Page 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 ............. ....I................. 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. 1V. 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, mash 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.... ............. .................. .I............ 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 17. Licenses and Miscellaneous Business Regulations......... 1051 Art. I. In General .... ............................... 1053 Supp. No. 62 x111 NORTH PALM BEACH CODE / Chapter Page Art. II. Local Business Tax .......................... 1057 Art. III. Businesses Located Outside Village Limits ... 1060.4 Art. IV. Simulated Gambling Devices ................ 1063 Art. V. Ambulances .. ............................... 1065 Art. VI. Garage and Other Sales ..................... 1066 Art. VII. Business Advisory Board ................... 1066 Art. VIII. Peddlers and Solicitors .................... 1067 17.5 Reserved ............... ............................... 1121 18. Motor Vehicles and Traffic ............................... 1171 Art. I. In General .... ............................... 1173 Art. II. Operation of Vehicles Generally .............. 1173 Art. III. Stopping, Standing and Parking ............. 1175 19. Offenses and Miscellaneous Provisions ................... 1225 Art. I. In General .... ............................... 1227 Art. II. Sexual Offenders and Sexual Predators ....... 1228.2 Art. III. Offenses Against Property ................... 1228.2 Art. IV. Offenses Against Public Morals .............. 1228.2 Art. V. Offenses Against Public Peace ................ 1229 Art. VI. Noise Control .............................. 1229 Art. VII. Reserved ... ............................... 1232 Art. VIII. Weapons .. ............................... 1232 Art. IX. Water Shortage Emergencies ................ 1237 Art. X. Alarms ..................................... 1238 Art. XI. Wellfield Protection ......................... 1242 20. Parks, Playgrounds and Recreation ...................... 1289 Art. I. In General .... ............................... 1291 Art. II. Meetings and Gatherings .................... 1292 Div. 1. Generally ............................... 1292 Div. 2. Permit ... ............................... 1292 Art. III. Recreation Advisory Board .................. 1293 21. Planning and Development .............................. 1343 Art. I. In General .... ............................... 1345 Art. II. Planning Commission ....................... 1347 Art. III. Board of Adjustment ........................ 1348 Art. IV. Concurrency Management ................... 1350 Art. V. Stormwater Management .................... 1363 Art. VI. Archaeological Site Protection Regulations ... 1366.1 22. Reserved ................ ............................... 1411 23. Police ................... ............................... 1463 Art. I. In General .... ............................... 1465 Art. II. Reserved .... ............................... 1465 Art. III. Reserve Force .............................. 1465 24. Streets, Sidewalks and Public Places ..................... 1517 Art. I. In General .... ............................... 1519 Art. II. Excavations .. ............................... 1519 Div. 1. Generally ............................... 1519 Supp. No. 62 xiv i TABLE OF CONTENTS — Cont'd. � 1 Chapter Page 28. Use of Rights -of -Way for Utilities ........................ 1739 29. Telecommunications ..... ............................... 1781 Appendices A. Appearance Plan ......... ............................... 2043 B. Subdivisions ............. ............................... Div. 2. Permit ... ............................... 1520 Art. III. Sidewalks and Driveways ................... 1520 Art. III. Design Standards .......................... Div. 1. Generally ............................... 1520 2368.1 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 1 Areas. 1686 28. Use of Rights -of -Way for Utilities ........................ 1739 29. Telecommunications ..... ............................... 1781 Appendices A. Appearance Plan ......... ............................... 2043 B. Subdivisions ............. ............................... 2353 Art. I. In General .... ............................... 2355 Art. II. Procedures for Subdivision Plat Approval ..... 2358 Art. III. Design Standards .......................... 2365 Art. IV. Required Improvements ..................... 2368.1 Art. V. Enforcement Provisions ...................... 2372 Art. VI. Amendments ............................... 2378 Art. VII. Legal Status ............................... 2379 C. Zoning ................... ............................... 2479 Art. I. In General .... ............................... 2481 Art. II. Generally .... ............................... 2486 Art. III. District Regulations ........................ 2488.7 Arts. IV, V. Reserved . ............................... 2529 Art. VI. Amendments —Fees; Waiting Periods......... 2529 Art. VII. Nonconforming Uses of Land and Structures. 2530 D. Franchises ............... ............................... 2619 Statutory Reference Table ..... ............................... 2819 Supp. No. 62 xv NORTH PALM BEACH CODE / Page Code Comparative Table -1970 Code ......................... 2869 Code Comparative Table —Laws of Florida .................... 2873 Code Comparative Table— Ordinances ........................ 2875 Charter Index ................ ............................... 2933 CodeIndex .................. ............................... 2935 Supp. No. 62 %vi Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page- for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up -to -date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up -to -date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title Page 56 13,14 25 iii 1 15,16 33 V, vi OC 16.1 33 vii, viii OC 17, 18 25 ix OC 19 25 x.i, x.ii 1 65 61 x.iii 1 77 OC xi, xii 62 79,80 OC xiii, xiv 62 81,82 58 xv, xvi 62 83 58 SH:1, SH:2 62 133, 134 62 1 25 134.1, 134.2 62 3,4 25 134.3, 134.4 62 5,6 25 135, 136 60 7,8 25 137, 138 60 9, 10 29 138.1, 138.2 60 10.1, 10.2 53 138.3, 138.4 60 10.3, 10.4 53 138.5, 138.6 60 10.5, 10.6 53 138.7, 138.8 60 11, 12 61 138.9, 138.10 60 12.1 61 139, 140 34 Supp. No. 62 [1] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 141,142 62 329,330 58 142.1, 142.2 62 331,332 58 143,144 52 332.1 58 144.1 52 333,334 45 145,146 47 335 45 147,148 47 381,382 60 149, 150 47 383,384 53 151,152 47 385,386 53 152.1, 152.2 47 387,388 60 152.3, 152.4 47 389,390 60 152.5, 152.6 60 391,392 60 153, 154 61 392.1, 392.2 60 154.1 61 392.3, 392.4 60 155,156 46 392.5 60 157, 158 52 393,394 56 159,160 61 395,396 56 160.1, 160.2 61 397,398 56 161, 162 46 398.1 56 162.1, 162.2 46 398.15, 398.16 40 163,164 52 399, 400 53 164.1, 164.2 52 401 53 164.3 52 453 OC 165, 166 48 455,456 22 167, 168 48 507 57 169,170 48 509,510 57 211 OC 511,512 57 213,214 19 559 36 263 59 561,562 52 265,266 59 563 40 266.1 59 615 36 267,268 52 617,618 36 269 52 671 2 319 29 673 24 321,322 46 695 13 323,324 52 697 52 325,326 55 723 52 326.1 46 725,726 52 327,328 27 727 52 [2] Supp. No. 62 CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 777 OC 1175, 1176 36 779,780 OC 1177 36 781,782 OC 1225 61 783,784 OC 1227, 1228 61 785,786 OC 1228.1, 1228.2 61 787,788 OC 1229, 1230 55 789 OC 1231, 1232 55 839 OC 1233 55 889 39 1237,1238 52 891,892 61 1239, 1240 52 893,894 52 1241, 1242 52 895 50 1289 52 945 41 1291,1292 52 947,948 49 1293, 1294 29 948.1 49 1295 29 949,950 41 1343, 1344 62 951 41 1345,1346 62 997 OC 1347, 1348 62 999, 1000 22 1348.1 62 1051, 1052 61 1349, 1350 45 1052.1 61 1350.1, 1350.2 45 1053, 1054 31 1351, 1352 33 1054.1, 1054.2 31 1353, 1354 33 1054.3, 1054.4 31 1355, 1356 33 1055, 1056 36 1356.1 33 1057, 1058 33 1357, 1358 OC 1059, 1060 33 1359, 1360 33 1060.1, 1060.2 43 1361, 1362 33 1060.3, 1060.4 43 1363, 1364 52 1060.5 43 1364.1 52 1061, 1062 8 1365, 1366 33 1063, 1064 54 1366.1, 1366.2 52 1065, 1066 54 1366.3, 1366.4 33 1067,1068 61 1367 5 1069, 1070 61 1411 OC 1121 OC 1463 OC 1171 OC 1465, 1466 52 1173, 1174 52 1517 OC Supp. No. 62 [3] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 1519, 1520 OC 2364.1 33 1521, 1522 47 2365, 2366 OC 1523 47 2367,2368 37 1573 24 2368.1 37 1575, 1576 29 2369, 2370 OC 1627 9 2371, 2372 OC 1629, 1630 27 2373, 2374 33 1631 27 2375, 2376 33 1681 OC 2377, 2378 33 1683, 1684 33 2379 33 1684.1, 1684.2 24 2479, 2480 62 1685, 1686 OC 2481, 2482 62 1687, 1688 17 2483, 2484 62 1689, 1690 17 2485, 2486 62 1739 14 2487, 2488 62 1741, 1742 21 2488.1, 2488.2 62 1781 21 2488.3, 2488.4 62 1783, 1784 21 2488.5, 2488.6 62 1785, 1786 33 2488.7, 2488.8 62 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 62 2503, 2504 62 2046.1 62 2504.1, 2504.2 62 2047, 2048 OC 2504.2.1 62 2049, 2050 OC 2504.3, 2504.4 59 2051, 2052 OC 2504.5, 2504.6 59 2053 OC 2504.7, 2504.8 59 2353 OC 2505, 2506 10 2355, 2356 OC 2507, 2508 13 2357, 2358 33 2509, 2510 62 2359, 2360 33 2510.1, 2510.2 62 2361, 2362 33 2510.2.1 62 2363, 2364 33 2510.3, 2510.4 54 [4] Supp. No. 62 CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 2510.5, 2510.6 54 2515, 2516 62 2510.7, 2510.8 54 2517, 2518 62 2510.9, 2510.10 54 2519, 2520 62 2510.11, 2510.12 54 2521, 2522 62 2510.12.1, 2510.12.2 54 2523, 2524 62 2510.12.3 54 2525, 2526 62 2510.13, 2510.14 25, Add. 2527, 2528 62 2510.15, 2510.16 25, Add. 2529, 2530 62 2510.17, 2510.18 25, Add. 2531, 2532 62 2510.19, 2510.20 25, Add. 2533 62 2510.21, 2510.22 25, Add. 2619 48 2510.23, 2510.24 51 2819, 2820 62 2510.25, 2510.26 25, Add. 2869, 2870 OC 2510.27, 2510.28 25, Add. 2871 OC 2510.29, 2510.30 25, Add. 2873 OC 2510.31, 2510.32 25, Add. 2875, 2876 OC 2510.33, 2510.34 25, Add. 2877, 2878 OC 2510.35, 2510.36 51 2879, 2880 OC 2510.37, 2510.38 25, Add. 2881, 2882 14 2510.39, 2510.40 25, Add. 2883, 2884 14 2510.41, 2510.42 25, Add. 2885, 2886 19 2510.43, 2510.44 25, Add. 2887, 2888 25, Add. 2510.45, 2510.46 25, Add. 2889, 2890 33 2510.47, 2510.48 25, Add. 2891, 2892 51 2510.49, 2510.50 25, Add. 2893, 2894 60 2510.51, 2510.52 25, Add. 2895 62 2510.53, 2510.54 25, Add. 2933, 2934 25 2510.55, 2510.56 25, Add. 2935, 2936 59 2511, 2512 57 2937, 2938 60 2512.1, 2512.2 57 2939, 2940 61 2512.2.1, 2512.2.2 57 2940.1 61 2512.3, 2512.4 49 2941, 2942 58 2512.5, 2512.6 50 2942.1 58 2512.7, 2512.8 0 51 2943, 2944 55 2512.9, 2512.10 57 2945, 2946 61 2512.11, 2512.12 51 2947, 2948 61 2512.13 51 2948.1 61 2513, 2514 OC 2949, 2950 55 [5] Supp. No. 62 NORTH PALM BEACH CODE Page No. Supp. No. 2951, 2952 55 2953, 2954 55 2955, 2956 55 2957, 2958 62 2959, 2960 62 [6] Supp. No. 62 V � SUPPLEMENT HISTORY TABLE The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Code Book and are considered "Included." Ordinances that are not of a general and permanent nature are not codified in the Code Book and are considered "Omitted." In addition, by adding to this table with each supplement, users of this Code of Ordinances will be able to gain a more complete picture of the Code's historical evolution. Ord-,, No Date Adopted Included/ Omitted Supp. No. 2010 -18 10 -28 -10 Included 49 2010 -21 11 -18 -10 Included 49 2011 -01 1 -27 -11 Included 50 2011 -02 2 -10 -11 Included 50 2011 -03 2 -10 -11 Included 50 2011 -04 2 -10 -11 Included 50 2011 -05 4 -14 -11 Included 51 2011 -06 4 -14 -11 Included 51 2011 -07 4 -14 -11 Omitted 51 2011 -08 5 -12 -11 Omitted 51 2011 -09 5 -26 -11 Included 51 2011 -10 5 -26 -11 Included 51 2011 -11 6 -23 -11 Included 51 2011 -12 6 -23 -11 Omitted 51 2011 -13 7 -14 -11 Omitted 51 2011 -14 7 -14 -11 Included 51 2011 -15 8 -25 -11 Omitted 52 2011 -16 9 -22 -11 Omitted 52 2011 -17 9 -22 -11 Omitted 52 2011 -18 9 -22 -11 Included 52 2011 -19 10 -13 -11 Included 52 2011 -21 11 -10 -11 Included 52 2011 -22 12- 8 -11 Included 52 2010 -05 3 -11 -10 Included 53 2012 -01 1 -12 -12 Omitted 53 2012 -02 3- 8 -12 Included 53 2012 -03 3 -22 -12 Included 53 2012 -04 5 -10 -12 Included 54 2012 -05 6 -28 -12 Omitted 54 2012 -06 7 -26 -12 Included 54 2012 -07 7 -26 -12 Included 54 Supp. No. 62 SH:1 NORTH PALM BEACH CODE Ord No Date Adopted I�clu e A. d/ Omitted Su�ip. No. 2012 -08 8- 9 -12 Included 54 2012 -09 9 -27 -12 Omitted 55 2012 -10 9 -27 -12 Omitted 55 2012 -11 11- 8 -12 Omitted 55 2013 -01 1 -10 -13 Omitted 55 2013 -02 2 -14 -13 Included 55 2013 -03 3 -14 -13 Omitted 55 2013 -04 4 -25 -13 Included 55 2013 -05 3 -28 -13 Omitted 55 2013 -06 3 -28 -13 Omitted 55 2013 -07 4 -11 -13 Included 55 2013 -08 5- 9 -13 Omitted 56 2013 -09 5 -23 -13 Included 56 2013 -10 7 -11 -13 Omitted 57 2013 -11 8 -22 -13 Omitted 57 2013 -12 9 -26 -13 Omitted 57 2013 -13 9 -26 -13 Omitted 57 2013 -14 9 -26 -13 Included 57 2014 -01 1 -23 -14 Included 57 2014 -02 3 -27 -14 Included 58 2014 -03 4 -10 -14 Included 58 2014 -04 4 -10 -14 Omitted 58 2014 -05 6 -26 -14 Included 59 2014 -06 7 -24 -14 Included 59 2014 -07 8 -14 -14 Included 59 2014 -08 9 -25 -14 Omitted 60 2014 -09 9 -25 -14 Included 60 2014 -10 9 -25 -14 Omitted 60 2014 -11 9 -25 -14 Included 60 2014 -12 10 -23 -14 Omitted 60 2014 -13 12 -11 -14 Included 60 2014 -14 12 -11 -14 Included 60 2015 -01 1- 8 -15 Omitted 60 2015 -02 4- 9 -15 Omitted 61 2015 -03 3 -12 -15 Included 61 2015 -04 4- 9 -15 Included 61 2015 -05 4- 9 -15 Included 61 2015 -06 4- 9 -15 Included 61 2015 -07 4 -23 -15 Included 61 2015 -08 5 -14 -15 Omitted 61 2015 -09 5 -28 -15 Omitted 62 2015 -10 6 -11 -15 Included 62 2015 -11 6 -25 -15 Included 62 2015 -12 6 -25 -15 Included 62 2015 -13 7 -23 -15 Included 62 Supp. No. 62 SH:2 C Chapter 5 BOATS, DOCKS AND WATERWAYS* Art. I. In General, §§ 5- 1-5 -32 Art. II. Boat Launching Area, §§ 5- 33 -5 -48 Art. III. Construction Requirements, §§ 5- 49 -5 -96 Div. 1. Generally, §§ 5- 49 -5 -55 Div. 2. Canals, §§ 5- 56 -5 -68 Div. 3. Bulkheads and Seawalls, §§ 5- 69 -5 -80 Div. 4. Docks and Piers, §§ 5- 81 -5 -92 Div. 5. Erosion Control Structures, §§ 5 -93 -5 -100 Art. IV. Marine Sanctuaries, § 5 -101 Art. V. Waterways Board, §§ 5 -102 -5 -106 *Cross references — Bulkhead lines, Ch. 7; parks, playgrounds and recreation, Ch. 20. State law references — Beautification and improvement of waterways, F.S. § 342.03; Florida Vessel Registration and Safety j Law, F.S. ch. 327. Supp. No. 29 319 % _,� �� i' i �� \ BOATS, DOCKS AND WATERWAYS § 5 -5 ARTICLE I. IN GENERAL Sec. 5 -1. Definitions. As used in this chapter, unless the context indicates otherwise, the following terms shall have the indicated meanings: Anchor shall mean any appliance used to se- cure a vessel other than to a pier which is carried aboard such vessel as regular equipment when under way. Boat means any watercraft, including sea- planes when not airborne, in or upon or docked, moored or upon boat lifts at any place in any waterway within the boundaries of the village. Live - aboard boat or vessel means: (a) any boat or vessel used solely as a residence and not for navigation; (b) any boat or vessel represented as a place of business or a professional or other com- mercial enterprise; or (c) any boat or vessel for which a declaration of domicile has been filed pursuant to F.S. § 222.17. A commercial fishing boat is expressly excluded from this definition. Mooring shall mean any appliance used to secure a vessel other than to a pier. Prohibited area shall mean all water bottom lands within the village not authorized by the Code of Ordinances for the anchorage or mooring of vessels. Vessel is synonymous with boat as referenced in section 1(b), Article VII of the State Constitu- tion and includes every description of watercraft, barge and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. Waterway means any waters, waterway, lake, river, tributary, canal, lagoon or connecting wa- ters within the boundaries of the village. (Code 1970, § 11 -1; Ord. No. 212 -70, § 2; Ord. No. 12 -98, § 1, 4- 23 -98; Ord. No. 11 -99, § 1, 2- 11 -99; Ord. No. 2010 -03, § 2, 1- 28 -10) Cross reference —Rules of construction and definitions generally, § 1 -2. Sec. 5 -2. Speed limit; wakes. No person shall operate a boat or any other vessel, including water sport apparatus or other Supp. No. 46 321 physical object capable of transporting human beings or cargo on water, at a speed in excess of five (5) miles per hour, in any of the waterways within the corporate limits of the village, with the exception of the waters of Lake Worth and the Intracoastal Waterway, except in cases of fire or extreme emergency. In addition to the five -mile- per -hour speed limit, no person shall operate a boat or any other vessel, including water sport apparatus, or other physi- cal object capable of transporting human beings or cargo on water., which shall cause a wake in any of the waterways within the corporate limits of the village, with the exception of the waters of Lake Worth and the Intracoastal Waterway, ex- cept in cases of fire or extreme emergency. A "wake" is defined as causing "white water to be seen breaking off the bow" of the boat or vessel. (Code 1970, § 11 -43; Ord. No. 212 -70, § 6; Ord. No. 5 -87, § 1, 2- 26 -87) Sec. 5 -3. Swimming in restricted waters. No person shall engage in swimming in any waters lying within one thousand (1,000) feet of the intersection of the Earman River and the North Palm Beach Waterway. (Code 1970, § 11 -44) Sec. 5 -4. Exhibition boats exempted from certain restrictions. The provisions of this chapter shall not be construed to prohibit the running of racing or exhibition boats, muffled or unmuffled, during a publicly announced and supervised and ade- quately patrolled regatta or speed trial or exhibi- tion. (Code 1970, § 11 -48; Ord. No. 212 -70, § 7) Sec. 5.5. Water skiing. No person shall water ski in any of the water- ways located within the corporate limits of the village, nor shall any person operate any boat for towing a person on water skis in any of the waterways located within the corporate limits of the village; provided, however, that, nothing in 5-5 NORTH PALM BEACH CODE this section shall be construed to prohibit water skiing in the waters of Lake Worth or the Intracoastal Waterway. (Code 1970, § 11 -50; Ord. No. 212 -70, § 10) Sec. 5 -6. Disturbing other boats. No person shall operate a boat in such a manner as to unjustifiably or unnecessarily an- noy or frighten or endanger the occupants of any other boat, or throw up a dangerous wake when approaching another boat. (Code 1970, § 11 -51; Ord. No. 212 -70, § 11) Sec. 5 -7. Use of searchlights. No person operating a boat shall use search- lights indiscriminately or in such manner as to annoy or disturb other persons or boats. (Code 1970, § 11 -52; Ord. No. 212 -70, § 12) Sec. 5 -8. Abandoned boats. Every boat in a waterway which is abandoned or unseaworthy, or sinks, grounds or becomes otherwise disabled, is hereby declared to be a nuisance and the person in charge thereof shall abate such nuisance within ten (10) days after notice from the director of public safety. (Code 1970, § 11 -53; Ord. No. 212 -70, § 13) Sec. 5 -9. Mooring at private or public docks without permission. No person shall moor a boat at a private or public seawall or dock or beach if upon private or public property within the village without the permission of the owner or public entity thereof. (Code 1970, § 11 -56; Ord. No. 212 -70, § 16; Ord. No. 11 -99, § 2, 2- 11 -99) Sec. 5 -10. Observance of village health and conduct rules. No person in charge of or occupying boats docked at or moored to land, docks, piers or wharves abutting waterways shall fail to observe all the health and sanitary regulations of the village, and all ordinances of the village relating Supp. No. 46 322 to the conduct of persons and prohibiting acts contrary to public health, morals, safety or public peace. (Code 1970, § 11 -57; Ord. No. 212 -70, § 17) Cross reference — Health and sanitation, Ch. 14. Sec. 5 -11. Cleanliness of docks. Persons in charge of or occupying boats shall at all times keep the docks, seawalls and premises adjacent to such watercraft in a neat and orderly manner and free from trash, rubbish, repair parts, machinery, equipment and debris of all kinds. (Code 1970, § 11 -58; Ord. No. 212 -70, § 18) Sec. 5 -12. Refuse disposal. No person in charge of or occupying a boat shall dump or throw or permit to be dumped or thrown garbage, paper, bottles, cans, refuse or debris into waterways. Persons in charge of boats moored or docked in the waterways shall provide garbage cans of sufficient size to hold garbage and refuse. (Code 1970, § 11 -59; Ord. No. 212 -70, § 19) Sec. 5 -13. Pollution of waterways. No person in charge of any houseboat or other boat or vessel in motion, anchored or tied up at any marina or any other waterways within the village limits shall permit any excreta or refuse from any toilet or privy on such boat, to be thrown from, to be ejected from, or to be allowed to escape from such boat into the waters in which such boat is in motion, tied up or anchored. (Code 1970, § 24 -56) Sec. 5 -14. Hours for running engines in res- idential districts. No person shall run or operate any boat engine for the purpose of charging batteries, running auxiliary equipment or testing between the hours of 10:00 p.m. and 8:00 a.m. in any residential district. (Code 1970, § 11 -60; Ord. No. 212 -70, § 20) Sec. 5 -15. Living aboard boats restricted. Living aboard boats in commercial wet storage marinas is permitted; provided, further, that, the l BOATS, DOCKS AND WATERWAYS § 5 -19 following regulations apply to commercial wet storage marinas where persons live aboard boats: (1) Not more than ten (10) percent of the dock spaces at a commercial wet storage ma- rina may be occupied by boats where persons live aboard for more than eight (8) months out of any twelve -month pe- riod. These dock spaces are for the pur- pose of providing security against vandal- ism and theft at marinas. All live- aboard boats must be equipped with a marine sanitation device acceptable under the current regulations of the U.S. Environ- mental Protection Agency, the U.S. Coast Guard and the state department of envi- ronmental regulation. (2) Marinas where persons may live aboard overnight shall be equipped with potable water and sanitary sewage facilities, in- cluding showers, rest rooms and bath- houses located within the marina area available for use by all persons who live aboard boats overnight. In addition, all such marinas shall provide adequate elec- trical and potable water service, dockside, to each boat. Sewage service may be pro- vided to each boat where persons are permitted to live aboard overnight, but in no event may holding tanks or sewage facilities aboard any boat be flushed within the marina area so as to cause any pollu- tion, damage or debris to any waters. (3) A dockmaster or person shall be in charge of each marina and shall maintain a log which shall include a current list of per- sons registered to live aboard boats in that marina, the register number of all boats docked in the marina, and a descrip- tion of the marine sanitation devices in- stalled in each boat, available at all time for use and inspection by the village com- munity development department. This re- quirement is to aid in the protection of life and property at marinas and to deter unauthorized persons from being in the marina areas. Supp. No. 52 323 (4) The administrative, enforcement and ap- peal procedures of the village housing code shall apply to this section. (Ord. No. 14 -76, § 2, 7 -8 -76; Ord. No. 2006 -24, § 2.13, 11 -9 -06) Cross reference — Housing code adopted by reference, § 15 -1. Sec. 5 -16. Mooring limitations in lagoons (private docks). Excluding lagoon end situations, for properties fronting lagoons, no vessel that is moored shall extend more than thirty (30) percent of the lagoon width from the face of the bulkhead nor extend beyond the side property lines extended. (Ord. No. 2006 -01, § 1, 1- 26 -06) Sec. 5 -17. Authority of village to board boats violating chapter. Any member of the police department shall have authority to board any boat in violation of this chapter, or which becomes a menace to nav- igation, and move or cause it to be moved to another location and he or she shall have the right to hold such boat for the payment of costs incurred in its removal or storage. (Code 1970, § 11 -54; Ord. No. 212 -70, § 14; Ord. No. 2006 -01, § 3, 1- 26 -06; Ord. No. 2011 -21, § 7, 11- 10 -11) Sec. 5 -18. Reserved. Editor's note —Ord. No. 2010 -03, § 3, adopted Jan. 28, 2010, repealed § 5 -18, which pertained to limitation on an- choring and mooring in prohibited area; mooring permit required, and derived from Ord. No. 12 -98, § 2, adopted April 23, 1998; Ord. No. 2006 -01, §§ 2, 3, adopted Jan. 26, 2006. Sec. 5 -19. Unlawfully anchored or moored vessels— Department of law en- forcement to impound. The police department of the village is autho- rized and directed to take into custody and im- pound any vessel unlawfully anchored or moored in the prohibited area and any such vessel taken into custody and impounded under the authority of the police department shall not be released therefrom until the charges for towing such vessel and storage charges have been paid. The charge § 5 -19 NORTH PALM BEACH CODE for towing or removal of any such vessel and storage charges shall be the customary charges prevailing in the village for such services. (Ord. No. 12 -98, § 3, 4- 23 -98; Ord. No. 2006 -01, § 3, 1- 26 -06; Ord. No. 2011 -21, § 7, 11- 10 -11) Sec. 5 -20. Same —Owner to be notified upon impoundment. Whenever any vessel is taken into custody and impounded by the authority of the police depart- ment as authorized herein, and the name and address of the owner of such vessel can be ascer- tained by the police department, it shall within forty -eight (48) hours give in writing or cause to be given notice in writing to such owner of the fact of such removal and the reason therefor and the place to which such vessel has been removed. (Ord. No. 12 -98, § 4, 4- 23 -98; Ord. No. 2006 -01, § 3, 1- 26 -06; Ord. No. 2011 -21, § 7, 11- 10 -11) Sec. 5 -21. Same — Procedure in event owner cannot be found. Whenever the police department authorizes the removal of such vessel from the prohibited area as authorized herein and the police depart- ment does not know and is not reasonably able to ascertain the name and address of the owner of such vessel or for any reason is unable to give the notice to the owner, and in the event the vessel is not returned to the owner within a period of three (3) days after same has been taken into custody and impounded, the police department shall im- mediately send or cause to be sent a written notice of such impoundment by mail to the divi- sion of marine resources of the department of natural resources, and shall file a copy of such notice with the person who has been authorized to have custody of the impounded vessel for the purpose of storage. Such notice shall include a complete description of the vessel, the date, time and place from which it was removed, the reason for such removal, and the name of the storage facility or place where the vessel is stored. (Ord. No. 12 -98, § 5, 4- 23 -98; Ord. No. 2006 -01, § 3, 1- 26 -06; Ord. No. 2011 -21, § 7, 11- 10 -11) Sec. 5 -22. Same — Unclaimed vessel to be sold; certification of sale. (a) If the owner fails to claim the vessel within twenty -one (21) days after the police department has sent its notice to the division of marine Supp. No. 52 324 resources, such vessel shall be sold to the highest bidder at public auction by the police department at some place within the village; but, prior to the sale, a notice shall be published once a week for two (2) consecutive weeks in a local newspaper published in the county and circulated in the village. Publication shall be at least ten (10) day[s] prior the date of sale. Such notice shall give the time and place of sale and describe the vessel to be sold. A copy of such notice shall be mailed to the owner if his or her name and address be known at least ten (10) days before the date of such sale. The village shall not guarantee title to such vessel or to deliver a title of ownership; but shall furnish the purchaser a certificate in sub- stantially the following form: Certificate Number: CERTIFICATE OF SALE VILLAGE OF NORTH PALM BEACH, DEPARTMENT OF PUBLIC SAFETY, FLORIDA Certificate Number: CERTIFICATE OF SALE VILLAGE OF NORTH PALM BEACH, FLORIDA POLICE DEPARTMENT THIS IS TO CERTIFY that the following de- scribed vessel was impounded and placed in the custody of the Police Department, where it was held for twenty -five (25) days, after which time the Police Department made every rea- sonable effort to find the owner of the same or if found, such owner failed to repossess same, this vessel was sold to the highest bidder at public auction after legal advertisement. This Certificate of Sale is therefor issued to: residing at Description of vessel: Dated at Village of North Palm Beach, Florida, this day of 20_ Name and Title of Officer BOATS, DOCKS AND WATERWAYS (b) This form shall be in duplicate. The origi- nal shall be given to the purchaser and the duplicate bound in a book of record for the pur- poses intended. (Ord. No. 12 -98, § 6, 4- 23 -98; Ord. No. 2006 -01, § 3, 1- 26 -06; Ord. No. 2011 -21, § 7, 11- 10 -11) Sec. 5 -23. Same - Claiming of vessel by owner; payment of costs. The owner of such impounded vessel may take possession of such vessel at anytime prior to the time of sale provided herein, but such owner shall reimburse the village for all reasonable expenses for removal, storage, advertising and other ex- penses incurred as a result of the impoundment of such vessel. (Ord. No. 12 -98, § 7, 4- 23 -98; Ord. No. 2006 -01, § 3, 1- 26 -06) Sec. 5 -24. Same - Reclamation of owner af- ter sale. The proceeds from the sale of any impounded vessel shall not be expended or disbursed for ninety (90) days after the date of such sale. At any time during such period, the owner, upon provid- ing proof of such ownership of such vessel, evi- denced by documentary written evidence, may recover back the proceeds of the sale, less all of the expenses incurred in regard to removal, stor- age, advertising and a commission of five (5) percent on the gross sales price of such vessel for the cost of making such sale. If the owner fails to provide proof of ownership and recover back the proceeds of the sale in the time frame set forth herein, the proceeds of sale shall be forfeited to the village. (Ord. No. 12 -98, § 8, 4- 23 -98; Ord. No. 2006 -01, § 3, 1- 26 -06) Sec. 5 -25. Occupancy of live aboard boats or vessels in village waterways. It shall be unlawful of any person to occupy a live aboard boat or vessel in any waterway except as specifically authorized by this article. (Ord. No. 12 -98, § 9, 4- 23 -98; Ord. No. 2006 -01, § 3, 1- 26 -06; Ord. No. 2010 -03, § 4, 1- 28 -10) Supp. No. 55 325 Sec. 5 -26. Reserved. § 5 -35 Editor's note -Ord. No. 2013 -02, § 2, adopted Feb. 14, 2013, deleted § 5 -26 which pertained to fueling of marine craft and derived from Ord. No. 14 -2002, § 1, 5 -9 -02; Ord. No. 2006 -01, § 3, adopted 1- 26 -06. Secs. 5- 27 -5 -32. Reserved. ARTICLE II. BOAT LAUNCHING AREA Sec. 5 -33. Designated; use restricted. No person shall bring into, launch or operate any vessel (as defined in F.S. § 327.02) upon any park property, including designated swimming areas, except as such places as are or may be designated for such use or purposes by the North Palm Beach Village Council. Such operation or use shall be in accordance with such rules and regulations as are now or may hereafter be ad- opted by the village council. All vehicles using the boat ramps of Anchorage Park or parking with a trailer at Anchorage Park must have a village launch ramp sticker permanently affixed to the vehicle, visible from behind the vehicle. (Code 1970, § 11 -11; Ord. No. 2006 -08, § 1, 6 -8 -06) Sec. 5 -34. Repairs prohibited. No repair work upon boats, boat trailers or other boating equipment shall be permitted at the village boat launching area with the exception of minor repairs or adjustments essentially neces- sary to make such boat, trailer or equipment operable or transportable to a professional facility devoted to such repair service. (Code 1970, § 11 -12) Sec. 5 -35. Vehicle /trailer parking in desig- nated areas; permits required. (a) No person shall park a vehicle on park property at any place other than in the regularly designated facilities provided for that particular type of vehicle unless otherwise directed by a law enforcement officer or village employee or by official signs or markings. (b) No boats or boat trailers shall be allowed to remain more than twenty -four (24) hours at the village boat launching area unless a written per- § 5 -35 NORTH PALM BEACH CODE % mit therefore has been secured from the village manager or his designee. Such permits shall be issued upon such reasonable regulations and upon such cost as shall be determined, from time to time, by the village council. (Code 1970, § 11 -13; Ord. No. 2006 -08, § 2, 6 -8 -06) Sec. 5 -36. Abandoned boats and equipment — Disposition. (a) It shall be presumed that the owner of each boat, each boat trailer, and each piece of boat equipment found on the village boat launching area as to which there is not then outstanding a currently effective permit issued under section 5 -35 of this chapter, has abandoned such boat, boat trailer or piece of boat equipment. (b) Thereupon, it shall be lawful for the vil- lage, through its officers or employees, to remove such abandoned material from such area, destroy- ing that which is junk and disposing of all other material for the best price, and upon the best terms available. The net proceeds of any such sale shall be deposited in the general fund of the village. (Code 1970, § 11 -14) Sec. 5 -37. Same — Recovery. At any time within ninety (90) days after the disposition of any boat, boat trailer or equipment under section 5 -36 of this chapter, the owner, or any person having any alleged interest in such disposed of property, may, upon making proof of such ownership or interest, recover back from the village the proceeds of the sale, less all the ex- penses of caring for, moving, advertising and making such sale. (Code 1970, § 11 -15) Sec. 5 -38. Violation; penalty. Violation of any provision of section 5 -33, Des- ignated; use restricted or section 5 -35, Vehicle/ trailer parking in designated areas; permits re- quired, shall result in a civil fine of fifty dollars ($50.00) for a first offense and one hundred dol- lars ($100.00) for any subsequent violation. (Ord. No. 2006 -08, § 3, 6 -8 -06) Secs. 5- 39 -5 -48. Reserved. Supp. No. 55 326 ARTICLE III. CONSTRUCTION REQUIREMENTS* DIVISION 1. GENERALLY Secs. 5- 49 -5 -55. Reserved. DIVISION 2. CANALS Sec. 5 -56. Compliance with division re- quired. All canals for navigation and/or drainage pur- poses to be dug or constructed within the corpo- rate limits of the village, either in whole or in part, whether or not such canal is dedicated to the public, shall be subject to the requirements set forth in this division. (Code 1970, § 11 -21) Sec. 5 -57. General requirements. (a) All canals shall be provided with reinforced or prestressed concrete bulkheads which shall meet the requirements of the village building code and the village ordinances concerning zoning as they are concerned with bulkheads. (b) All canals to be constructed in areas pro- posed to be platted shall meet the requirements of the subdivision ordinance of the village, as set out in Appendix B of this volume, and amendments thereto, and must be approved as part of the plan of development of the proposed platted area. (c) Canals to be constructed in unplatted areas shall meet the requirements of the village build- ing code and all ordinances of the village relating to zoning, and plans for the construction of any canal must be approved by the engineers of the village prior to the issuance of a building permit for such canal. (Code 1970, § 11 -24) Cross reference— Zoning, App. C. Sec. 5 -58. Navigation canals. Canals which may be used for navigation shall have a minimum width of eighty (80) feet face to *Cross references — Buildings and building regulations, Ch. 6; coastal construction code, § 6 -151 et seq. / BOATS, DOCKS AND WATERWAYS § 5 -59 face of bulkheads constructed on the sides thereof, with the exception of the bottom profile require- ments dictated by the bulkhead design. All such canals shall have a minimum bottom elevation of minus eight (-8) feet mean sea level. (Code 1970, § 11 -22) Sec. 5 -59. Drainage canals. Canals which are constructed or dug for drain- age purposes only and which may be used for drainage purposes only shall be of the width required to provide sufficient cross section for drainage requirements and shall have a mini- mum bottom elevation of minus eight (-8) feet mean sea level. The determination of whether or not the intended use of a canal is for drainage purposes only shall be set forth on the dedication of a plat if such canal is included in a platted area, and such determination for canals in unplatted areas shall be made by the village building inspec- tor. The village building inspector shall determine that a canal has been constructed for drainage Supp. No. 46 326.1 f OFFENSES AND MISCELLANEOUS PROVISIONS (2) Following the person being solicited, if that conduct is: a. Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or b. Intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; or (3) Continuing to solicit within five (5) feet of the person being solicited after the person has made a negative response, if continu- ing the solicitation is: a. Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or b. Intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; or § 19 -12 Banking facility means all banks, trust compa- nies, private bankers, savings banks, industrial banks, safe deposit companies, savings and loan associations, credit unions and investment com- panies. Panhandle means to solicit through the spo- ken, written or printed word or through other acts or body gestures for the purpose of requesting money or any other thing of value where the person solicited receives little or no monetary value in exchange and where a reasonable person would understand that the transaction is essen- tially a donation. Panhandling shall not include: (a) The solicitation of contributions on behalf of a charitable entity or other organiza- tion exempt from taxation pursuant to Section 501(c)(3) of the United States In- ternal Revenue Code; or (b) Passively performing music with a sign indicating that a donation is sought. (c) Prohibited conduct. (1) No person shall panhandle in an aggres- sive manner within the corporate limits of the village. (4) Intentionally or recklessly blocking the (2) No person shall panhandle within twenty safe or free passage of the person being (20) feet of any automated teller machine, solicited or requiring the person, or the an entrance or exit to a banking facility, or driver of a vehicle, to take evasive action an entrance or exit to a business estab- to avoid physical contact with the person lishment open to the public or a govern - making the solicitation; or mental building. (5) Intentionally or recklessly using words: a. Intended or likely to cause a reason- able person to fear imminent bodily harm or the commission of a crimi- nal act upon property in the person's possession; or b. Intended to or reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation. Automated teller machine means a device, linked to a financial institution's account records, which is able to carry out transactions, including but not limited to account transfers, deposits, cash with- drawals, balance inquiries, and mortgage and loan payments. (3) No person shall panhandle when either the person soliciting or the person being solicited is at a bus stop or within a public transportation vehicle. (4) No person shall panhandle in any parking lot or parking garage. (5) No person alongside or within the median of any roadway shall panhandle from any occupant of a motor vehicle that is on a roadway nor shall any person stand along- side a roadway or within the median for the purpose of panhandling. (6) No person shall panhandle on private property without the permission of the owner. (Ord. No. 2015 -04, § 2, 4 -9 -15) Supp. No. 61 1228.1 § 19 -13 NORTH PALM BEACH CODE Secs. 19- 13- 19 -30. Reserved. ARTICLE III. OFFENSES AGAINST PROPERTY* ARTICLE II. SEXUAL OFFENDERS AND SEXUAL PREDATORS Sec. 19 -31. Sexual offender and sexual pred- ator residence prohibition. (a) It is unlawful for any person who has been convicted of a violation of F.S. §§ 794.011 ("Sexual battery "), 800.04 ( "Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age "), 827.071 ( "Sexual perfor- mance by a child "), or 847.0145 ('Buying or sell- ing of minors "), regardless of whether adjudica- tion has been withheld, in which the victim of the offense was less than 16 years of age, to establish a permanent residence or temporary residence in the Village of North Palm Beach within one thousand five hundred (1,500) feet of any school, designated public school bus stop, day care center, park, playground or public pool facility. Provided, however, a person referenced in the foregoing sentence and residing in the Village of North Palm Beach within one thousand five hundred (1,500) feet of any school, designated public school bus stop, day care center, park, playground or public pool facility does not commit a violation of this section if the person established the perma- nent residence prior to the effective date of this article. (b) For purposes of determining the minimum distance separation, the distance shall be mea- sured by following a straight line from the outer property line of the permanent residence or tem- porary residence to the nearest outer property line of a school, designated public school bus stop, day care center, park, or playground. (c) A person who violates this section shall be punished as provided in section 1 -8 of this Code. (Ord. No. 26 -2005, § 1, 9- 22 -05) Secs. 19- 32- 19 -46. Reserved. Sec. 19 -47. Obstructing passageways. No person shall place or erect upon any public way or passageway to any building an obstruction of any type; provided that this section shall not prevent the duly authorized or required placing of temporary barriers or warning signs for the pur- pose of safeguarding the public; and providing, further, that, swale markers may be placed at the edge of swale areas to protect the edges of lawns from being driven on by passing vehicles, with the swale markers to be round button cement mark- ers with anchor rods attached, not to exceed twelve (12) inches in diameter and four (4) inches in height. (Code 1970, § 24 -59; Ord. No. 218 -70, § 3) Secs. 19- 48- 19 -63. Reserved. ARTICLE IV. OFFENSES AGAINST PUBLIC MORALS Sec. 19 -64. Topless costumes. (a) No female person over the age of twelve (12) years shall appear in any public place or private place where the public is invited where alcoholic beverages are sold or any place open to the public view in a topless costume. (b) No person shall knowingly employ or per- mit a female person who is wearing a topless costume within the confines of any premises which he controls and to which the public is invited where alcoholic beverages are sold or is open to public view. (Code 1970, § 24 -67) *Cross reference — Persons walking dogs responsible for removal of waste, § 4 -31 et seq. Supp. No. 61 1228.2 / OFFENSES AND MISCELLANEOUS PROVISIONS § 19 -99 Sec. 19 -65. Vulgar language. No person shall use vulgar, profane or indecent language on any public street or other public place or in any public dance hall, club dance, skating rink or place of business open to public patronage. (Code 1970, § 24 -71) Sec. 19 -66. Window peeping. No person shall look, peer or peep into, or be found loitering around or within view of, any window not on his own property with intent of watching or looking through such window where persons lawfully present on such property would have a reasonable expectation of privacy. (Code 1970, § 24 -77) Secs. 19- 67- 19 -81. Reserved. ARTICLE V. OFFENSES AGAINST PUBLIC PEACE* Sec. 19 -82. Stench bombs. (a) Throwing or depositing. No person shall throw, drop, pour, deposit or discharge, upon the person or property of another any liquid, gaseous or solid substance which is injurious to person or property, or which is nauseous, sickening, irritat- ing or offensive to any of the senses with the intent to wrongfully injure, molest, discomfort, discommode or coerce another in the use, man- agement, conduct or control of his person or property. No person shall attempt or aid in the attempt or commission of any of these prohibited acts. (b) Possession prohibited. No person shall man- ufacture or prepare or have in his possession or under his control, any liquid, gaseous or solid substance or matter of any kind which is injurious to person or property, or which is nauseous, sick- ening, irritating or offensive to any of the senses, with the intent to use the same in violation of paragraph (a) of this section or with intent that the same shall be used in violation of such para- graph. The possession or control by any person of any such liquid, gaseous or solid substance or *Cross reference —Noise control, § 19 -99 et seq. Supp. No. 55 1229 matter shall be deemed prima facie evidence of intent to use the same or cause the same to be used in violation of such paragraph. (c) Excepted uses. The prohibitions of para- graphs (a) and (b) of this section shall not apply to police officers acting in line of duty or to propri- etors of business places or their employees using such substances for the protection of their prop- erty and their business places when the sub- stances referred to herein are kept solely for the purpose of repelling robbers, thieves, murderers or other law violators. (Code 1970, § 24 -65) Sec. 19 -83. Throwing missiles. No person shall throw any stone or any other missile upon or at any vehicle, building, tree or other public or private property, or upon or at any person in any public or private way or place or enclosed or unenclosed ground. (Code 1970, § 24 -66) Secs. 19- 84- 19 -98. Reserved. ARTICLE VI. NOISE CONTROLt Sec. 19 -99. Definitions. For the purposes of this article, whenever any of the following words, terms or definitions are used herein they shall have the meanings as- cribed to them in this section except where the context requires otherwise: Decibel means a measure of a unit of sound pressure. Sound waves having the same decibel level "sound" louder or softer to the human ear depending upon the frequency of the sound wave in cycles per second (i.e., whether the pitch of the sound is high or low). Thus, an A- weighted filter constructed in accordance with the specifications tEditor's note —Ord. No. 2013 -04, § 2, adopted April 25, 2013, repealed the former Art. VI, §§ 19 -99 -19 -120, and enacted a new Art. VI as set out herein. The former Art. VI pertained to noise control and derived from the Code of 1970, §§ 22- 1- 22 -20, §§ 22 -22, 22 -23; Ord. No. 5 -75, § 1, 6- 12 -75; Ord. No. 17 -76, §§ 1, 2, 9- 23 -76; Ord. No. 34 -2000, §§ 1 -5, 11 -9 -00; Ord. No. 12 -2005, § 1, 7- 14 -05; Ord. No. 2006 -24, § 2.G.1- 2.G.3, 11 -9 -06; Ord. No. 2011 -21, § 16, adopted 11- 10 -11. § 19 -99 NORTH PALM BEACH CODE ^ of the American National Standards Institute ( "ANSI"), which automatically takes account of the varying effect on the human ear of different pitches, shall be used on any sound level measure- ments required by this article and all measure- ments are expressed in dBA to reflect the use of this filter. Emergency and emergency work mean any oc- currence or set of circumstances involving or creating actual or imminent physical trauma or property damage which demands immediate at- tention, including without limitation generators or other equipment used by communications com- panies and utility companies in connection with restoration of service operations. Where the emer- gency is an out of service or imminent out of service condition of utilities, communications or other essential services, then the company provid- ing such essential services may respond to such emergency in a timely manner and shall make such application to the village manager at the earliest time thereafter. Plainly audible sound means any sound for which any of the content of that sound, such as, but not limited to, comprehensible musical rhythms, is communicated to a person using his or her unaided hearing faculties. For the purposes of the enforcement of this article, the detection of any component of sound, including, but not lim- ited to, the rhythmic bass, by a person using his or her normal, unaided hearing faculties is suffi- cient to verify plainly audible sound. It is not necessary for such person to determine the title, specific words or artist of music, or the content of any speech. Property boundary means the imaginary line which separates the real property owned, rented or leased by one person or entity from that owned, rented, or leased by another person or entity. Unreasonable noise. means any noise in or emanating from any property located within the corporate limits of village which violates the pro- visions of this article. sured sound level of sixty -five (65) dBA between the hours of 10:00 p.m. and 8:00 a.m. Sunday through Thursday, a mea- sured sound level in excess of eighty -five (85) dBA between the hours of 8:00 a.m. and 10:00 p.m. Sunday through Thurs- day; and a measured sound level which equals or exceeds sixty -five (65) dBA be- tween the hours of 11:00 p.m. and 8:00 a.m. Friday through Saturday and a mea- sured sound level meeting or exceeding eighty -five (85) dBA between the hours of 8:00 a.m, and 11:00 p.m. Friday through Saturday. (b) For noise emanating from property with a commercial or light industrial zoning des- ignation which shares any portion of its boundary with a property with a residen- tial zoning designation, unreasonable noise shall be defined as any noise emanating from the property which equals or exceeds a measured sound level of sixty (60) dBA between the hours of 10:00 p.m. and 8:00 a.m. Sunday through Thursday, a mea- sured sound level in excess of seventy (70) dBA between the hours of 8:00 a.m. and 10:00 p.m. Sunday through Thursday; and a measured sound level which equals or exceeds sixty (60) dBA between the hours of 11:00 p.m. and 8:00 a.m. Friday through Saturday and a measured sound level meeting or exceeding seventy (70) dBA between the hours of 8:00 a.m. and 11:00 p.m. Friday through Saturday. (c) (a) For noise emanating from property with a commercial or light industrial zoning des- ignation, unreasonable noise shall be de- (d) fined as any noise emanating from the property which equals or excess a mea- Supp. No. 55 1230 For noise emanating from property with a residential zoning designation, unreason- able noise shall be defined as noise that is plainly audible one hundred and fifty (150) feet from the property boundary of the source of the sound or noise, measured on a horizontal plane. Notwithstanding the foregoing, noise shall be considered unrea- sonable when it is plainly audible through walls, floors or partitions common to two (2) residential units located within a sin- gle structure. Noise shall be measured from the prop- erty boundary closest to the source of noise with a sixty (60) second reading. OFFENSES AND AUSCELLANEOUS PROVISIONS Where the property boundary abuts a waterway, the property boundary shall be considered the opposite side of the water- way and not the actual seawall or bulk- head. Vessel shall have the same meaning as set forth in Section 327.02, Florida Statutes, as may be amended from time to time. (Ord. No. 2013 -04, § 2, 4- 25 -13) Sec. 19 -100. Prohibition against unreason- able noise. No person shall make, continue to make or cause to be made any unreasonable noise. (Ord. No. 2013 -04, § 2, 4- 25 -13) Sec. 19 -101. Exemptions. The provisions of the noise control ordinance shall not apply to: (1) (2) (3) (4) (5) The use of amplified sound on the grounds of a school, church or other house of worship during sanctioned activities; The operation of buses, trains (excluding trains operating in legally designated quiet zones), ships, airplanes, helicopters and trucks in good repair; Activities in the fields, grounds or facili- ties of any sporting arena, stadium, or sports complex to which the public or community has access; Road festivals, parades, fireworks dis- plays and special events for which, where applicable, an appropriate permit has been obtained from the village in compliance with any conditions imposed by that per- mit and within the permitted area and any privately owned property located con- tiguous with any public right -of -way that is closed pursuant to a parade, road festi- val, or special event permit; Noise which results from the reasonable routine maintenance of commercial and governmental property including, but not limited to, lawn mowers, chippers, clip- pers, and tractors. (6) Church bells and chimes; Supp. No. 55 1231 § 19 -104 (7) The emission of sound for the purpose of alerting the public of an emergency or the performance of emergency work; (8) The reasonable and intermittent barking of dogs and sounds made by other animals as governed by section 4 -12 of the Code; (9) The sounds made by children and adults on school and athletic grounds during school curricular and extra - curricular ac- tivities; and (10) Festivals or events occurring in public parks which are permitted or approved by the village. (Ord. No. 2013 -04, § 2, 4- 25 -13) Sec. 19 -102. Prohibition against speakers in rights -of -way and air space. It shall be unlawful for any person to place, locate or permit the placement of speakers or sound systems within public rights -of -way, includ- ing the air space above such public rights -of -way, except when properly permitted by the village. (Ord. No. 2013 -04, § 2, 4- 25 -13) Sec. 19 -103. Operation of radios or other me- chanical sound - making devices or instruments in vessels. It shall be unlawful for any person operating or occupying a vessel within the village to operate or amplify the sound produced by a radio or other mechanical sound - making device or instrument from within the vessel so that the sound is plainly audible at a distance of fifty (50) feet or more from the vessel. (Ord. No. 2013 -04, § 2, 4- 25 -13) Sec. 19 -104. Enforcement. Whenever a law enforcement officer is notified of or observes a violation of the ordinance from which this section derives, the officer shall issue a warning in writing to the individual, or individu- als, responsible for the violation. The warning shall state the dBA reading obtained by the officer during measurement and the maximum dBA level established by this article, if applicable. The warn- ing shall also inform the individual, or individu- als, that the generated sound level on the prop- § 19 -104 NORTH PALM BEACH CODE 1 erty must be reduced within five (5) minutes. Thereafter, each re- measurement which exceeds the maximum permissible sound levels estab- lished by this article or each subsequent determi- nation that the noise violates the provisions of this article shall constitute a separate violation. If there are no subsequent noise violations for a period one hundred and eighty (180) days, the warning recipient shall be served with a warning for their next recorded offense. Following the issuance of a warning when the second offense occurs within the same one hundred and eighty (180) day time period the fine shall be two hun- dred fifty dollars ($250.00). A third offense within the same one hundred and eighty (180) day time period shall have a fine of three hundred dollars ($300.00). The fourth offense within the same one hundred and eighty (180) day time period shall constitute a criminal offense, subject to penalties set out in section 1 -8 of this Code of Ordinances. (Ord. No. 2013 -04, § 2, 4- 25 -13) Editor's note —Ord. No. 2013 -04, § 2, adopted Apr. 25, 2013, enacted provisions intended for codification as § 19 -103, enforcement. To avoid duplicate section numbering, said pro- visions have been redesignated as § 19 -104. Subsequent §§ 19 -104 and 19 -105 have been redesignated as § 19 -105 and § 19 -106. Sec. 19 -105. Permissible time for construc- tion activity. (a) It shall be unlawful for any person to do, perform or engage in any construction work, building, excavating, hoisting, grading, pile driv- ing, pneumatic hammering, demolition, dredging, building alteration or repair work of any nature to any building or structure or upon any site for same, in the village between the hours of 8:00 p.m. of one day and 8:00 a.m. of the next day if any such activity shall cause unreasonable noise as defined in section 19 -99 above. No construction activity shall be permitted on Sundays or legal holidays. Any person desiring to engage in the aforesaid activity beyond the stated hours of limitation, based upon cases of emergency or upon the interests of public health, safety and ultimate convenience, may apply to the village manager or his representative for a special per- mit. Such permits, if granted, shall be limited to a certain period, but may be renewed for additional periods if the emergency or need therefor contin- Supp. No. 55 1232 ues. In the issuance of such permits the village manager or his designated representative shall weigh all facts and circumstances and shall de- termine whether the reasons given for the urgent necessity are valid and reasonable, whether the public health, safety and ultimate convenience will be protected or better served by granting the permit requested, and whether the manner and amount of loss or inconvenience to the party in interest imposes a significant hardship. Upon an affirmative finding of the foregoing consider- ations, the village manager or his designee is authorized to issue the permit requested and any extensions thereof, as may be required. Any per- son aggrieved by the decision of the village man- ager or his designated representative may appeal the decision of the village manager to the village council. (b) It shall be unlawful for any person to cause or permit the use of any power - driven machinery, tools or equipment, including power mowers, in any portion of the village zoned and designated as a residential district other than between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and Saturdays and between the hours of 10:00 a.m. and 8:00 p.m. on Sundays. (Ord. No. 2013 -04, § 2, 4- 25 -13) Note —See editor's note at § 19 -104. Sec. 19 -106. Dissemination of information. The village shall provide a copy of the noise ordinance to any individual or entity registering to perform work within the village or applying for a business tax receipt to conduct or operate a business within the village. (Ord. No. 2013 -04, § 2, 4- 25 -13) Note —See editor's note at § 19 -104. Secs. 19- 107 -19 -144. Reserved. ARTICLE VII. RESERVED Secs. 19- 145-19 -182. Reserved. ARTICLE VIII. WEAPONS Sec. 19 -183. Possession. Except within his own domicile, no person shall have in his possession, or carry or use, any air ) OFFENSES AND AUSCELLANEOUS PROVISIONS § 19 -186 gun, BB gun or spring gun or any instrument, toy or weapon commonly known as a "peashooter," "slingshot" or whatsoever, whether such instru- ment is called by any name set forth above or by any other name. (Code 1970, § 24 -72; Ord. No. 20 -88, § 1, 8- 11 -88; Ord. No. 2011 -18, § 3, 9- 22 -11) Sec. 19 -184. Carrying concealed weapons. (a) No person shall wear under his clothes, or conceal about his person, or display in a threat- ening manner, any dangerous or deadly weapon including, but not by way of limitations, any slingshot, cross - knuckles, or knuckles of lead, brass or other metal, or any bowie knife, or any knife resembling a bowie knife, or any knife with a switchblade or device whereby the blade or blades can be opened by a flick of a button, pressure on the handle, or other mechanical contrivance. (b) This section shall not be construed to forbid United States marshals, sheriffs, constables and their deputies, and any regular, special or ex officio police officer, or any other law enforcement officer from carrying or wearing, while on duty, such weapons as shall be necessary in the proper discharge of their duties. (Code 1970, § 24 -73) Sec. 19 -185. Sales restricted. (a) Sale of switchblade knives prohibited. No person shall sell, offer for sale, or display any knife or knives having the appearance of a pocket knife, the blade or blades of which can be opened by a flick of a button, pressure on the handle, or other mechanical devices. Such knife is hereby declared to be a dangerous or deadly weapon within the meaning of section 19 -183, and shall be subject to forfeiture to the village as provided in this article. (b) Display and sale of specified weapons. No pawnbroker, secondhand dealer or other person engaged in business in the village shall display or place on exhibition in any show window or other window facing any street, any brass or metal knuckles, or any club loaded with lead or other weight, or any blackjack or billy club. Supp. No. 55 1233 (c) Record of sales required. Every secondhand dealer, pawnbroker or other person engaged in the sale, rental or exchange of any weapons described in sections 19 -183 and paragraph (b) of this section shall keep a record of each such weapon purchased, sold, rented or exchanged at retail. (1) Time of recordation. The record shall be made at the time of the transaction, in a book kept for that purpose, and shall include the name of the person to whom such weapon is sold or from whom such weapon is purchased; his or her age, phys- ical description, occupation, residence, and, if residing in a municipality, the street and number where he or she resides; the date of the purchase, sale, rental or ex- change of such weapon; and the name of the employee or other person making such purchase, sale, rental or exchange. (2) Daily reports. Daily reports shall be deliv- ered to the chief of police of every such purchase, sale, loan or gift. The report shall be on forms provided by the chief of police and shall set forth the name in full, the residents, age and physical descrip- tion and the occupation of the person to whom or from whom such dangerous or deadly weapon has been purchased, sold, loaned or given. (Code 1970, § 24 -74; Ord. No. 2011 -21, § 17, 11- 10 -11) Sec. 19 -186. Forfeiture; disposition. (a) Every person convicted of a violation of this article shall forfeit to the village such dangerous or deadly weapon so concealed or displayed. (b) Every police officer, upon making any ar- rest and taking a weapon used in violation of articles I through V and this article of this chap- ter, shall deliver the same to the judge to be held by him or her until the final determination of the prosecution for such offense; and, upon the find- ing of guilt, it shall then be the duty of such judge to deliver such weapon forthwith to the chief of police who shall make disposition of the weapon. (Code 1970, § 24 -75; Ord. No. 2011 -21, § 17, 11- 10 -11) [The next page is 12371 �� C> APPENDIX C— ZONING § 45 -36 (4) Within the area of the Village of Alcoholic beverages are to be served North Palm Beach which lies south only when the restaurant is open for and west of the Intracoastal Water- the sale and service of food; pro - way and west of U.S. Highway No. 1, vided, however that the provisions of no building or structure shall exceed this subparagraph (4) shall not per - four (4) stories or forty (40) feet. mit a license to be issued to a res- taurant that sells alcoholic bever- N. Location of business for retail sales of ages within one thousand (1,000) alcoholic beverages. feet of a church, public or private (1) No licensed retail sales of alcoholic school, hospital, public park or pub - beverages shall be carried on where lic playground. the proposed place of business is (5) Nothing in section 45- 36N.(1) shall within one thousand (1,000) feet of a prohibit the conduct of licensed re- church, public or private school, hos- tail sales of alcoholic beverages within pital, park or playground, or a place one thousand (1,000) feet of the North of business of another licensed retail seller of alcoholic beverages; pro- vided further, that no licensed retail (6) Churches, public and private schools, sales of alcoholic beverages shall be hospitals, parks, playgrounds and carried on in the C -3, Regional Busi- places of business of another li- ness District, where the proposed censed retail seller of alcoholic bev- place of business is within five hun- erages shall not have the right to dred (500) feet of a church, syna- locate and operate within one thou - gogue, temple or other place of wor- sand (1,000) feet of a business li- ship. censed for retail sales of alcoholic (2) The measurement provided above for beverages. one thousand (1,000) feet shall be O. Xeriscape landscaping practices. Proper - made or taken from the main front ties within all zoning districts are encour- entrance or entrances of such church, aged to utilize xeriscape landscaping prac- public or private school, hospital, tices to simultaneously enhance the business of another licensed retail appearance of the property while requir- seller of alcoholic beverages, to the ing less water and energy. Xeriscape prac- main front entrance of the appl- tices in the village shall be based on the cant's proposed place of business latest published South Florida Water Man - along the route of ordinary pedes- agement District xeriscape manual. trian traffic. P. Maximum floor -area ratio. Maximum gross (3) The restrictions of section 45- 36N.(1) floor area ratios for commercial develop - shall not apply to the sale of beer, ale ment within the area of the village de- or wine at retail, not to be consumed fined by PGA Boulevard on the north, on the premises. Lake Worth on the east and the (4) The restrictions of section 45- 36N.(1) Intracoastal Waterway on the south and shall not apply to any bona fide west shall be limited as follows: retail - restaurant operating under a Flor- 0.25; professional office - 0.35; and mixed - ida 4- COP -SRX license as a restau- use - 0.35. rant with full kitchen facilities, and Q. Outdoor seating. fifty -one (51) percent or more of the gross sales are derived from the sale (1) Applicability. Outdoor seating shall of food and non - alcoholic beverages. be permitted as an accessory use to a Supp. No. 57 2512.2.1 § 45 -36 NORTH PALM BEACH CODE r. , building in which a food service es- tablishment is operated, provided that: a. The outdoor seating area is ad- jacent to that portion of the food service establishment which is inside the building. b. The outdoor seating is located on property which is either owned or leased by the adja- cent food service establishment or the landlord of such food service establishment. C. The outdoor seating can be ac- commodated without impeding the access of the general public, including persons with disabil- ities, to the portion of the food service establishment which is located inside the building, or to any other commercial busi- ness or other use. d. The outdoor seating can be ac- commodated without creating a need for additional parking spaces which could not be pro- vided on the same site as the building for which the outdoor seating would be an accessory use or would create a non- conforming status for existing parking provided for such build- ing. e. No outdoor seating shall be per- mitted for adult entertainment establishments. (2) Permitting process. An applicant for approval of outdoor seating shall in- clude the proposed outdoor seating as part of an overall application for a building permit and/or certificate of appropriateness or shall seek amend- ment of an existing building permit and/or certificate of appropriateness to allow for outdoor seating, pursu- ant to the applicable provisions of this Code. Every application involv- ing outdoor seating shall include the Supp. No. 57 2512.2.2 following, in addition to and not in place of anything else which may otherwise be required by any other provision of this Code: a. A site plan, drawn to scale, which shows at least the build- ing for which outdoor seating will be an accessory use; the location of the food service es- tablishment which will use the outdoor seating; the location of the outdoor seating and all re- lated fencing screening, or di- viding materials; the location i APPENDIX C— ZONING § 45 -36 Supp. No. 57 2512.9 by requesting a hearing before number of the person or firm the code enforcement special engaged in the business of rent - magistrate. ing or providing the container d. Not more than one permit, per or dumpster. calendar year, for a portable e. No flammable or hazardous ma- storage container or a roll -off terials may be placed, stored or dumpster shall be issued by the kept in any portable storage village to the same occupant of container or roll -off dumpster. any property, or in the case of f. The portable storage container multi - family residential prop- or roll -off dumpster must be erty with more than one unit, owned or leased by the occu- the same occupant of any unit. pant of the property and may (6) Additional requirements. not be used for living or sleep - a. No storage container or roll -off ing purposes or for any use other than storage or disposal dumpster shall exceed the of construction debris. height of the roofline of the principal building or structure (7) Severe weather conditions. located on the property. a. Upon the issuance of a tropical b. No portable storage container storm watch and/or a hurricane or roll -off dumpster shall be lo- watch by the National Weather cated within a utility ease- Service, the occupant of the ment, drainage easement, right- property on which a portable of -way, front yard area, alley storage container or roll -off right -of -way or street right -of- dumpster is located shall use way. Notwithstanding the fore- every reasonable and best ef- going, a portable storage con- fort to remove, or to arrange for tainer or roll -off dumpster shall the removal of, the portable stor- be placed on the driveway or age container or roll -off dump - designated parking area in the ster from the property. R -1 or R -2 zoning districts un- b. In the event removal is not less otherwise approved by the possible, the storage container community development depart- or the roll -off dumpster and its ment. contents, shall be secured C. No portable storage container against windloads of up to one or roll -off dumpster shall be hundred and fifty (150) miles stored within a required side per hour. yard setback between a build- C. The occupant of a property upon ing and an adjacent street or which a portable storage con - property line. For non - residen- tainer or roll -off dumpster is tial properties, no portable stor- located shall be subject to civil age container or roll -off dump- liability and/or code enforce - ster shall be located in any ment action for damages and/or required landscape or buffer code violations caused by an area. unsecured portable storage con - d. No portable storage container tainer or roll -off dumpster and or roll -off dumpster shall con- its contents. tain any signage other then the (Ord. No. 209 -70, § 1; Ord. No. 2 -71, § 1; Ord. No. name, address and telephone 1 -72, § 1; Ord. No. 11 -74, § 1; Ord. No. 11 -75, § 1, Supp. No. 57 2512.9 § 45 -36 NORTH PALM BEACH CODE -\ 9- 11 -75; Ord. No. 2 -76, § 1, 2- 26 -76; Ord. No. 3 -77, § 1, 2- 24 -77; Ord. No. 15 -85, § 1, 9- 12 -85; Ord. No. 21 -90, § 2, 6- 28 -90; Ord. No. 7 -91, § 1, 3- 14 -91; Ord. No. 20 -95, § 1, 7- 27 -95; Ord. No. 34 -96, § 1, 8- 22 -96; Ord. No. 3 -97, § 1, 1 -9 -97; Ord. No. 12 -97, §§ 3, 4, 2- 27 -97; Ord. No. 2 -98, § 1, 1 -8 -98; Ord. No. 6 -99, § 1, 1- 28 -99; Ord. No. 03 -2002, § 1, 2, 2- 14 -02; Ord. No. 04 -2005, § 1, 2- 10 -05; Ord. No. 2006 -28, § 11, 12- 14 -06; Ord. No. 2010 -21, § 5, 11- 18 -10; Ord. No. 2011 -02, §§ 3, 4, 2- 10 -11; Ord. No. 2011 -09, § 2, 5- 26 -11; Ord. No. 2014 -01, § 2, 1- 23 -14) Sec. 45 -37. Historic site overlay district. A. Purpose. The historic site overlay district is used to impose special development restrictions on identified areas. The locations of this overlay district are established by the Village based on the need for special protective measures at those locations. The historic site overlay district im- poses different standards than those that would otherwise apply. B. Definitions. [For purposes of this section, the following words shall have the meaning as- cribed to them in this subsection:] Building. A structure created to shelter any form of human activity. This may refer to a house, barn, garage, church, hotel, or similar structure. Buildings may refer to a historically or architec- turally related complex, such as municipal build- ings, or a house and barn. Parking lots and garages are hereby deemed to be "buildings." Cultural resource. Asite, object, structure, build- ing or district listed in the Village's register of historic sites. Demolition. The tearing down or razing of twenty -five (25) percent or more of a structure's external walls. District. A geographically definable area pos- sessing a significant concentration, linkage, or continuity of sites, buildings, structures, objects, or areas, which are united historically or aesthet- ically by plan or physical development. A district may be comprised of individual resources which are separated geographically but are linked by association or history. Object. A material thing of functional, aes- thetic, cultural, historical or scientific value that may be, by nature of design, movable, yet related to a specific setting or environment. Ordinary maintenance. Work which does not require a construction permit and that is done to repair damage or to prevent deterioration or decay of a building or structure or part thereof as nearly as practicable to its condition prior to the damage, deterioration, or decay. Original appearance. That appearance (except for color) which, to the satisfaction of the village council, closely resembles the appearances of ei- ther: (1) The feature on the building as it was originally built or was likely to have been built, or (2) The feature on the building as it presently exists so long as the present appearance is appropriate, in the opinion of the vil- lage council, to the style and materials of the building. C. Creation of local register of historic sites. A local register of historic sites is hereby created as a means of identifying and classifying various sites, buildings, structures, objects and districts as historic and/or architecturally significant. The local register will be kept by the director of community development. D. Initiation of placement on local register. Placement of sites, buildings, structures, objects or districts on the local register may be initiated by the village council. In addition, placement may be initiated by the owner of the site, building, structure, object or area; or, in the case of a district, by the owner of a site, building, struc- ture, object or area within the proposed district. By adoption of this ordinance, those sites within the Village of North Palm Beach that have been classified as a "Florida historic site" by the Divi- sion of Archives, History and Records Manage- ment, Florida Department of State, are hereby placed on the local register. E. Placement on local register. The following procedure shall be followed for placement of sites, buildings, structures, objects, areas and districts on the local register: 1. A nomination form, available from the department of community development, shall be completed by the applicant and returned to the department. Supp. No. 57 2512.10 STATUTORY REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text of references to the state law or related matters. Supp. No. 62 2819 Section this Code Ch. 24 2 -167 2 -169 2 -166 2 -166 26 -17 2 -162 App. B, Art. I, § 36 -2 App. B, Art. II, § 36 -8 App. B, Art. II, § 36 -15 App. B, Art. IV, § 36 -27 2 -167 2 -169 2 -166 2 -166 26 -16 29 -8(m) 26-51,29-3 29 -5(b) 26 -51 Ch. 17, Art. II 17 -24, 17 -25 17 -20 17 -22 17 -33 26 -53 2 -166 5 -1 Ch. 8 8- 4(a)(2) 8 -6 7 -19 2 -4 2 -4 2 -1 18 -20 Ch. 18 18 -37 14 -37 Ch. 5 5 -33 Section Section this Code Section 1.01 27 -31 170.01 1.01 et seq. 1 -2 ch. 175 ch. 22F App. B, Art. II, 175.061((7) § 36 -10 175.071(1) ch. 39 App. C, § 45 -2 175.071(8) Ch. 50 2 -181 175.101 50.041 2 -181 175.333 50.051 2 -181 ch. 177 55.03 29 -5(a) ch. 98 Ch. 10 101.657 10 -7 112.181 2- 161(e)(9) ch. 121 2 -155 161.55(1)(d) 6 -156 161.041 6 -153 161.053 6 -154 ch. 185 ch. 162 2 -174 185.05(6) 162.12(2) 2 -180 185.06(1)(b) ch. 163 12.5 -1 185.06(7) 21 -1 185.08 21 -11 202.195 21 -43, 21 -44 203.012 App. B, Art. I, § 36 -2, App. B, Art. 203.012(5)(b) I, § 36 -4 ch. 205 App. B, Art. II, 205.043(2), § 36 -16 205.043(3) App. B, Art. VI 205.053 163.01 2 -4(f) 205.192 163.161 et seq. 21 -01 210.03 ch. 163.170, App. B, Art. II, ch. 212 §163.3164(17) § 36 -10 215.473 163.225(3)(a) —(c) 5 -86 222.17 163.295 6 -150 ch. 252 163.3161 et seq. Ch. 21, Art. II 163.3177 21 -44 252.38 et seq. 163.3178 6 -155 253.125 21 -44 Ch. 280 163.3180(12) 21 -48 280.04 ch. 166 6 -16 286.011 Ch. 24 Ch. 316 Ord. No. 2478 § 3 316.008 166.021 Ch. 17, Art. II 316.1955, 316.1956 166.221 17 -34 320.01(1) 166.231 Ch. 26, Art. III ch. 327 ch. 170 21 -2 327.02 Supp. No. 62 2819 Section this Code Ch. 24 2 -167 2 -169 2 -166 2 -166 26 -17 2 -162 App. B, Art. I, § 36 -2 App. B, Art. II, § 36 -8 App. B, Art. II, § 36 -15 App. B, Art. IV, § 36 -27 2 -167 2 -169 2 -166 2 -166 26 -16 29 -8(m) 26-51,29-3 29 -5(b) 26 -51 Ch. 17, Art. II 17 -24, 17 -25 17 -20 17 -22 17 -33 26 -53 2 -166 5 -1 Ch. 8 8- 4(a)(2) 8 -6 7 -19 2 -4 2 -4 2 -1 18 -20 Ch. 18 18 -37 14 -37 Ch. 5 5 -33 NORTH PALM BEACH CODE V Section Section Section this Code Section this Code 19 -99 650.02 2 -136 335.065 App. B, Art. IV, 658.12 2 -4 § 36 -29.1 ch. 760 App. C, § 45 -2 337.29 29 -2 768.28 29 -12(d) 337.401 29-2,29-3 775.082, 775.083 2- 169(f) 29 -5(a), (e) 2 -255 29 -6(a) 794.011 19 -31 337.401(3) 28 -3 800.04 19 -31 337.403, 337.404 29 -7 827.071 19 -31 342.03 Ch.5 ch. 828 4 -13 362.01 29 -2 ch. 847 App. C, § 45 -20 364.02 29 -3 847.0145 19 -31 ch. 373 19 -200 870.041 8 -21 ch. 380 21 -44 870.44 8 -22 App. B, Art. II, 870.45 8 -22 § 36 -10 872.05 2 -104 380.04 21 -103 893.03 45 -36 393 App. C, § 45 -2 893.035 45 -36 ch. 394 App. C, § 45 -2 893.0356 45 -36 ch. 395 App. C, § 45 -36 943.10(6) 2 -159 397.311(18) App. C,§ 45 -38 943.10(8) 2 -159 ch. 400 App. C, § 45 -2 943.14 2 -159 ch. 401 11.5 -21 943.25(13) 1 -9 ch. 402 App. C, § 45 -2 App. C, § 45 -34.1 402.302(4), 402.302(5) 17 -33 413.08 4 -27(d) ch. 419 17 -33 App. C, § 45 -2 429.02 App. C, § 45 -2 ch. 458 App. C, § 45 -36 ch. 459 App. C, § 45 -36 471.003 29- 8(c)(1) ch. 472 App. B, Art. I, § 36 -6 ch. 480 App. C, § 45 -2 ch. 495 1 -10 ch. 553 6 -16 553.73 11 -11 553.73(2) 6 -2 553.775 6 -18 561.01 3 -1 561.01 et seq. Ch. 3 563.01 3 -1 564.01 3 -1 565.01 3 -1 628.901 29 -12(d) 633.35 2 -159 633.025 12 -16 633.0215 12 -16 ch. 650 Ch. 2, Art. V, Div. 2 2 -136 [The next page is 2869] Supp. No. 62 2820 [The next page is 29331 Supp. No. 62 2895 CODE COMPARATIVE TABLE 4 Adoption Section Ord. No. Date Section this Code 2014 -13 12 -11 -14 2 Added Ch. 6, Art. IV, §§ 6- 72 -6 -86 2014 -14 12 -11 -14 2 2 -4 2015 -03 3 -12 -15 2 Added Ch. 17, Art. VIII, §§ 17- 81 -17 -94 2015 -04 4- 9 -15 2 Added 19 -12 2015 -05 4- 9 -15 2 2- 159(b) 3 2- 163(a)(1) 2015 -07 4 -23 -15 2 14 -30(4) 2015 -10 6 -11 -15 2 App. C, § 45 -2 3 Added App. C, § 45 -32 A.9., C.2. App. C, § 45 -32 E.7. Added App. C, § 45 -32 F.3. 4 App. C, § 45 -35.1 II.A.8. 2015 -11 6 -25 -15 2 App. A, § III 3 App. C, § 45- 21(2)b. 4 Added App. C, § 45 -38 2015 -12 6 -25 -15 2 Ch. 2, Art. III, Div. 5 (Tit.) 2- 76(b), (c) 2015 -13 7 -23 -15 2 Added App. C, § 45 -16.2 3 21 -3(a) [The next page is 29331 Supp. No. 62 2895 1 CODEINDEX Supp. No. 60 2937 Section Section B BOATS, DOCKS AND WATERWAYS (Cont'd.) Permit fee ......................... 5 -72 BATHING Specifications ...................... 5 -71 Diseased persons prohibited from bathing Submission of plans and specifica- in public pools, etc. 19 -3 tions ......................... 5 -70 BICYCLES Canals Park regulations ........................ 20 -6 Canal crossings.................... 5 -60 Subdivisions, required improvements re Compliance with provisions required 5 -56 bikeways .......................... 36 -29.1 Drainage canals ................... 5 -59 General requirements .............. 5 -57 BILLBOARDS. See: SIGNS AND BILL- Navigation canals .................. 5 -58 BOARDS Surety bond prerequisite to issuance BIRDS. See: ANIMALS AND FOWL of building permit in certain cases ......................... 5 -61 BLOCKS Docks and piers Subdivision design standards ............ 36 -18 Construction in waters other than BOARDS, COMMITTEES AND COMMIS- Lake Worth and Atlantic Ocean, SIONS. See: DEPARTMENTS AND regulations governing ......... 5 -84 OTHER AGENCIES OF VILLAGE Definitions ........................ 5 -81 Generally ......................... 5 -82 BOATS, DOCKS AND WATERWAYS Lake Worth and Atlantic Ocean, reg- Abandoned boats ....................... 5 -8 ulations governing construction Abatement of public nuisances on pri- in ............................ 5 -85 vate property ................... 14 -79 et seq. Minimum design requirements...... 5 -83 Anchoring and mooring Variances ......................... 5 -86 Mooring limitations in lagoons (private Erosion control structures docks ) .......................... 5 -16 Construction ...................... 5 -95 Unlawfully anchored or moored vessels Control ........................... 5 -96 Claiming of vessel by owner; payment Definitions 5 -93 of costs ....................... 5 -23 ........................ Permitted, when ................... 5 -94 Department of law enforcement to Piers. See within this subheading: Docks impound ..................... 5 -19 and Piers Owner to be notified upon impound- Seawalls. See within this subheading: ment ......................... 5 -20 Bulkheads and Seawalls Procedure in event owner cannot be Definitions ............................. 5 -1 found ............... 5 -21 Disturbing other boats .................. 5 -6 Reclamation of owner after sale..... 5 -24 Exhibition boats exempted from certain Unclaimed vessel to be sold; certifica- restrictions ........................ 5 -4 tion of sale ................... 5 -22 Flood damage prevention provisions...... 12.5 -1 et seq. Authority of village to board boats violat- ing chapter ........................ 5 -17 See: FLOOD DAMAGE PREVENTION Boat launching area Health and sanitation requirements Abandoned boats and equipment Cleanliness of docks .................. 5 -11 Disposition ........................ 5 -36 Observance of village health and con- Recovery .......................... 5 -37 duct rules ....................... 5 -10 Designated; use restricted ............. 5 -33 Pollution of waterways................ 5 -13 Permits required Refuse disposal ....................... 5 -12 Boats remaining for more that 24 Live aboard boats hours ........................ 5 -35 Living aboard boats restricted......... 5 -15 Repairs prohibited .................... 5 -34 Occupancy of in village waterways..... 5 -25 Vehicle /trailer parking in designated ar- Marine sanctuaries eas ............................. 5 -35 Designation of waters as marine sanctu- Violation; penalty .................... 5 -38 aries Bulkhead lines ......................... 7 -1 et seq. Area to be regulated ............... 5- 101(c) See: BULKHEAD LINES Areas designated .................. 5- 101(b) Code enforcement, applicability re ....... 2 -173 Construction of provision ........... 5- 101(d) Construction requirements Definition ......................... 5- 101(a) Bulkheads and seawalls Mooring, docking, or beaching of boats on Compliance with provisions required 5 -69 public or private property without Inspection required ................ 5 -73 permission ........................ 5 -9 Supp. No. 60 2937 NORTH PALM BEACH CODE BONDS Section BOATS, DOCKS AND WATERWAYS (Cont'd.) Noise control 2 -42 Radios or other mechanical sound -mak- ing devices or instruments in ves- 5 -61 sels, operation of ................ 19 -103 Parking 2 -117 Boating equipment; parking on residen- tial property restricted........... 18 -35 Prohibited parking upon right -of -way of specific roadways ................ 18 -34.1 Running engines, hours in residential dis- 6 -81 tricts .............................. 5 -14 Searchlights, use of ..................... 5 -7 Speed limits; wakes ..................... 5 -2 Subdivision provisions re waterways ..... 36 -22 et seq. See: SUBDIVISIONS (Appendix B) 6 -75 Swimming in restricted waters .......... 5 -3 Water skiing ............................ 5 -5 Waterways board ....................... 5 -102 et seq. BONDS Section Administrative code; bonds required of cer- tain officers ........................ 2 -42 Canal construction; surety bond prerequi- site to issuance of building permit... 5 -61 Finance director, duties re ............... 2 -59(7) Village manager ........................ 2 -117 BRUSH. See: WEEDS AND BRUSH BUILDINGS 2 -173 Abatement of unsafe or unsanitary build- ings Appeal .............................. 6 -81 Authority to expend funds ............ 6 -85 Enforcement and right of entry........ 6 -74 Hearing ............................. 6-79 Implementation ...................... 6 -80 Inspection ........................... 6 -75 Lien, imposition of ................... 6 -84 Performance of work .................. 6 -82 Placard posting ...................... 6 -78 Provisions supplemental .............. 6 -86 Purpose and scope .................... 6 -72 Recovery of costs..... ................ 6 -83 Service of notice of violation........... 6 -77 Unsafe or unsanitary buildings and struc- tures ........................... 6-73 Violations ............................ 6 -76 Appearance code Appeals and review ................... 6 -35 Appearance plan ..................... 6 -33 Certificate of appropriateness 6 -18(b) Final hearings ..................... 6 -57 Follow -up by community develop- 6- 18(f)(1) ment department ............. 6 -60 Planning commission 6 -18(g) Action of ........................ 6 -58 Approval by ..................... 6 -59 Preliminary consideration .......... 6 -56 Definition ............................ 6 -31 Supp. No. 60 2938 i Section BUILDINGS (Cont'd.) Intent and purposes .................. 6 -32 Planning commission, powers and du- ties re .......................... 6 -36 Short title ........................... 6 -30 Appearance plan (Appendix A). See that subject Code enforcement, applicability re ....... 2 -173 Codes Appearance code. See herein that sub- ject Building code ........................ 6 -17 Electrical code ....................... 11 -11, 11 -12 Fire prevention code .................. 12 -16 et seq. Housing code ......................... 15-1,15-2 Country club ........................... 9 -1 et seq. See: COUNTRY CLUB Electrical code .......................... 11 -11, 11 -12 Flood damage prevention ................ 12.5 -1 et seq. See: FLOOD DAMAGE PREVENTION Housing code ........................... 15-1,15-2 Landscaping ............................ 27 -31 et seq. See: LANDSCAPING Minimum construction standards Authority ............................ 6 -16 Codes adopted ....................... 6 -17 Construction board of adjustment and appeals ......................... 6 -18 Appointment ...................... 6 -18(a) Membership ....................... 6 -18(b) Powers ............................ 6 -18(fl Appeals ......................... 6- 18(f)(1) Variances ....................... 6- 18(f)(2) Procedures ........................ 6 -18(g) Quorum and voting ................ 6 -18(d) Secretary to the board .............. 6 -18(e) Terms ............................. 6 -18(c) Violations and penalty ................ 6 -19 Missiles, throwing ...................... 19 -83 Obstructing passageway ................. 19 -47 Outdoor displays. See herein: Signs and Outdoor Displays Park and recreation facilities; erecting build- ings or structures .................. 20 -3 Public land, construction on prohibited ... 6 -1 Signs and outdoors displays ............. 6 -110 et seq. See: SIGNS AND BILLBOARDS Smoke, dust, odors, liquids, etc........... 19 -9 Spitting in public places prohibited....... 19 -5 Stormwater management; level of finished floor of structures .................. 21 -63 Subdivision regulations ................. 36 -1 et seq. See: SUBDIVISIONS (Appendix B) Swimming pools ........................ 25 -1 et seq. See: SWIMMING POOLS Zoning regulations ...................... 45 -1 et seq. See: ZONING (Appendix C) BULKHEAD LINES Code enforcement, applicability re ....... 2 -173 i