Code of Ordinances Supplement 39SUPPLEMENT N0. 39
December 2008
CODE OF ORDINANCES
Village of
NORTH PALM BEACH, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at
this time through:
Ordinance No. 2008-18, adopted November 13, 2008.
See the Code Comparative Table for further information.
Remove old pages
Xl-X1V
Checklist of up-to-date pages
135-138
150.1-156.2
889
891-896
2891
2935-2938
2943-2948
2951, 2952
2955, 2956
Insert new pages
Xl-X1V
Checklist of up-to-date pages
(following Table of Contents)
134.3-138
151-156.3
889
891-894
2891
2935-2938.1
2943-2948
2951, 2952
2955, 2956
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
N~UNICIPAL CODE CORPORATION
Post Office Box 2235
1700 Capital Circle, S.W.
Tallahassee, FL 32316
(850) 576-3171
1-800-262-CODE
Website: www.municode.com
TABLE OF CONTENTS
Page
Officials of the Village ....................................... iii
Preface ..................................................... v
Adopting Ordinance ......................................... vii
Readopting Ordinance ....................................... x.i
Checklist of Up-to-Date Pages ................................ [1]
PART I
CHARTER
Charter ..................................................... 1
Art. I. Corporate Name .............................. 3
Art. I.A. Vision Statement ........................... 3
Art. II. Territorial Boundaries ....................... 3
Art. III. Legislative ................................. 10.2
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 ................................... 135
Art. II. Council ..................................... 137
Div. 1. Generally ............................... 137
Div. 2. Rules of Procedure ....................... 138
Art. III. Administrative Code ........................ 138.1
Div. 1. Generally ............................... 138.1
Div. 2. Audit Committee ........................ 139
Div. 3. Department of Finance ................... 140
Div. 4. Department of Records ................... 140.1
Div. 5. Department of Public Safety .............. 141
Div. 6. Department of Public Works .............. 142
Div. 7. Department of Library ................... 142
Div. 8. Department of Country Club ............. 142
Div. 9. Department of Recreation ................ 142
Div. 10. Department of Community Development . 142.1
Art. IV. Manager ................................... 142.1
Art. V Pensions and Retirement Systems ............ 143
Div. 1. Generally ............................... 143
Supp. No. 39 xi
NORTH PALM BEACH CODE
Chapter Page
Div. 2. Social Security ........................... 143
Div. 3. Pension and Certain Other Benefits for Gen-
eral Employees .......................... 144.1
Div. 4. Pension and Certain Other Benefits for Fire
and Police Employees .................... 151
Div. 5. Length of Service Award Plan for Volunteer
Firefighters ............................. 161
Div. 6. ICMA Defined Contribution Pension Plan.. 163
Art. VI. Code Enforcement Board .................... 163
3. Alcoholic Beverages ...................................... 211
4. Animals and Fowl ....................................... 263
Art. I. In General ................................... 265
Art. II. Dogs and Cats .............................. 266
Art. III. Rabies Control ............................. 269
5. Boats, Docks and Waterways ............................. 319
Art. I. In General ................................... 321
Art. II. Boat Launching Area ........................ 325
Art. III. Construction Requirements ................. 326
Div. 1. Generally ............................... 326
Div. 2. Canals .................................. 326
Div. 3. Bulkheads and Seawalls .................. 327
Div. 4. Docks and Piers ......................... 328
Div. 5. Erosion Control Structures ............... 333
Art. IV. Marine Sanctuaries ......................... 333
Art. V Waterways Board ............................ 334
6. Buildings and Building Regulations ....................... 381
Art. I. In General ................................... 383
Art. II. Minimum Construction Standards ............ 383
Art. III. Appearance Code ........................... 384
Div. 1. Generally ............................... 384
Div. 2. Reserved ................................ 398.3
Div. 3. Certificate of Appropriateness ............ 398.3
Art. IV. Reserved ................................... 398.5
Art. V Signs and Outdoor Displays .................. 398.5
Art. VI. Energy Efficiency Building Code ............. 398.18
Art. VII. Coastal Construction Code ................. 398.18
7. Bulkhead Lines .......................................... 453
Art. I. In General ................................... 455
Art. II. Filling Permit ............................... 455
8. Emergency Management ................................. 507
Art. I. In General ................................... 509
Art. II. Civil Disorders and Disturbances ............. 510
9. Country Club ............................................ 559
Art. I. In General ................................... 561
Art. II. Golf Advisory Board ......................... 562
Supp. No. 39 xii
TABLE OF CONTENTS-Contd.
Chapter Page
Art. III. Finances ................................... 563
10. Elections ............................................... 615
Art. I. In General ................................... 617
Art. II. Reserved ................................... 618
Art. III. Reserved ................................... 618
Art. IV. Polling Locations ........................... 618
11. Electricity .............................................. 671
Art. I. In General ................................... 673
Art. II. Electrical Code .............................. 673
11.5. Emergency Service .................................... 695
Art. I. In General ................................... 697
Art. II. Emergency 1VIedical Services ................. 697
12. Fire Prevention and Protection .......................... 723
Art. I. In General ................................... 725
Art. II. Florida Fire Prevention Code ................. 725
Art. III. Fire Division ............................... 726
Div. 1. Generally ............................... 726
Div. 2. Personnel ............................... 727
Div. 3. Equipment .............................. 727
Div. 4. Reserved ................................ 728
Art. IV. Recovery of Costs for Cleanup, Abatement and
Removal of Hazardous Substances ........... 728
12.5 Flood Damage Prevention .............................. 777
Art. I. In General ................................... 779
Art. II. Administration .............................. 783
Art. III. Provisions for Flood Hazard Reduction ....... 786
13. Reserved ............................................... 839
14. Health and Sanitation .................................. 889
Art. I. In General ................................... 891
Art. II. Garbage, Trash and Refuse .................. 891
Div. 1. Generally ............................... 891
Div. 2. Garbage Collection and Disposal .......... 891
Div. 3. Reserved ................................ 892
Art. III. Reserved ................................... 892
Art. IV. Abatement of Public Nuisances on Private Prop-
erty ........................................ 893
15. Housing ............................................... 945
16. Library ................................................ 997
Art. I. In General ................................... 999
Art. II. Library Board ............................... 999
17. Licenses and Miscellaneous Business Regulations ......... 1051
Art. I. In General ................................... 1053
Art. II. Local Business Tax .......................... 1057
Art. III. Businesses Located Outside Village Limits ... 1060.4
Supp. No. 39 xiii
NORTH PALM BEACH CODE
Chapter Page
Art. IV. Reserved ................................... 1063
Art. V Ambulances ................................. 1063
Art. VI. Garage and Other Sales ..................... 1063
17.5 Reserved .............................................. 1121
18. Motor Vehicles and Traffic ............................... 1171
Art. I. In General ................................... 1173
Art. II. Operation of Vehicles Generally .............. 1173
Art. III. Stopping, Standing and Parking ............. 1175
19. Offenses and Miscellaneous Provisions ................... 1225
Art. I. In General ................................... 1227
Art. II. Sexual Offenders and Sexual Predators ....... 1228
Art. III. Offenses Against Property ................... 1228.1
Art. IV. Offenses Against Public Morals .............. 1228.1
Art. V Offenses Against Public Peace ................ 1229
Art. VI. Noise Control .............................. 1229
Art. VII. Reserved .................................. 1235
Art. VIII. Weapons ................................. 1235
Art. IX. Water Shortage Emergencies ................ 1236
Art. X. Alarms ..................................... 1238
Art. XI. Wellfi eld Protection ......................... 1242
20. Parks, Playgrounds and Recreation ...................... 1289
Art. I. In General ................................... 1291
Art. II. Meetings and Gatherings .................... 1292
Div. 1. Generally ............................... 1292
Div. 2. Permit .................................. 1292
Art. III. Recreation Advisory Board .................. 1293
21. Planning and Development .............................. 1343
Art. I. In General ................................... 1345
Art. II. Planning Commission ....................... 1346
Art. III. Board of Adjustment ........................ 1347
Art. IV. Concurrency Management ................... 1349
Art. V Stormwater Management .................... 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
Div. 2. Permit .................................. 1520
Art. III. Sidewalks and Driveways ................... 1520
Div. 1. Generally ............................... 1520
Supp. No. 39 xiv
Checklist of Up-to-Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience inpublishing LooseleafSupplements on apage-for-page
substitution basis, it has become evident that through usage and
supplementation many pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user
to determine whether the Code volume properly reflects the latest printing of
each page.
In the first column all page numbers are listed in sequence. The second
column reflects the latest printing of the pages as they should appear in an
up-to-date volume. The letters "OC"indicate the pages have not been reprinted
in the Supplement Service and appear as published for the original Code.
When a page has been reprinted or printed in the Supplement Service, this
column reflects the identification number or Supplement Number printed on
the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used
in compiling an up-to-date copy from the original Code and subsequent
Supplements.
Page No. Supp. No. Page No. Supp. No.
Title page 1 77 OC
iii 1 79, 80 OC
v, vi OC 81, 82 25
vii, viii OC 83 25
ix OC 133 33
x.i, x.ii 1 134.1, 134.2 34
x.iii 1 134.3, 134.4 39
xi, xii 39 134.5, 134.6 39
xiii, xiv 39 135, 136 39
xv, xvi 36 137, 138 39
1 25 138.1, 138.2 33
3, 4 25 138.3 30
5, 6 25 139, 140 34
7, 8 25 140.1, 140.2 28
9, 10 29 141, 142 33
10.1, 10.2 38 142.1 33
10.3 38 143, 144 31
11, 12 25 144.1, 144.2 36
13, 14 25 145, 146 36
15, 16 33 146.1 36
16.1 33 147, 148 32
17, 18 25 148.1 32
19 25 149, 150 29
65 38 151, 152 39
Supp. No. 39 [1]
NORTH PALM BEACH CODE
Page No. Supp. No. Page No. Supp. No.
153, 154 39 401, 402 OC
155, 156 39 403 OC
156.1, 156.2 39 453 OC
156.3 39 455, 456 22
157, 158 35 507 22
159, 160 35 509, 510 33
160.1 35 511 22
161, 162 25 559 36
163, 164 36 561, 562 36
164.1 36 563 36
165, 166 25 615 36
167, 168 25 617, 618 36
169 25 671 2
211 OC 673 24
213, 214 19 695 13
263 OC 697 13
265, 266 OC 723 24
267, 268 27 725, 726 33
269 27 727, 728 5
319 29 729 5
321, 322 17 777 OC
323, 324 33 779, 780 OC
325, 326 32 781, 782 OC
326.1 32 783, 784 OC
327, 328 27 785, 786 OC
329, 330 36 787, 788 OC
331, 332 36 789 OC
332.1 27 839 OC
333, 334 32 889 39
335 32 891, 892 39
381 23 893, 894 39
383, 384 33 945 OC
385 24 947, 948 33
398.3, 398.4 7 997 OC
398.5, 398.6 23 999, 1000 22
398.7, 398.8 23 1051 33
398.9, 398.10 23 1053, 1054 31
398.11, 398.12 33 1054.1, 1054,2 31
398.13, 398.14 33 1054.3, 1054,4 31
398.14.1, 398.14.2 33 1055, 1056 36
398.15, 398.16 36 1057, 1058 33
398.16.1 36 1059, 1060 33
398.17, 398.18 33 1060.1, 1060.2 33
399, 400 OC 1060.3, 1060.4 33
Supp. No. 39 [2]
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No. Page No. Supp. No.
1060.5 33 1519, 1520 OC
1061, 1062 8 1521, 1522 27
1063,1064 8 1523 27
1121 OC 1573 24
1171 OC 1575, 1576 29
1173,1174 28 1627 9
1175, 1176 36 1629, 1630 27
1177 36 1631 27
1225 31 1681 OC
1227, 1228 37 1683, 1684 33
1228.1 37 1684.1, 1684,2 24
1229, 1230 21 1685, 1686 OC
1231, 1232 21 1687, 1688 17
1233, 1234 33 1689, 1690 17
1235,1236 30 1739 14
1236.1 30 1741, 1742 21
1237,1238 16 1781 21
1239, 1240 33 1783, 1784 21
1241, 1242 33 1785, 1786 33
1289 3 1787,1788 33
1291, 1292 OC 1788.1 33
1293, 1294 29 1789, 1790 21
1295 29 1791,1792 21
1343 4 1793,1794 21
1345, 1346 22 1795, 1796 21
1346.1 22 2043 OC
1347, 1348 29 2045, 2046 33
1349, 1350 33 2046.1 25
1351, 1352 33 2047, 2048 OC
1353, 1354 33 2049, 2050 OC
1355, 1356 33 2051, 2052 OC
1356.1 33 2053 OC
1357, 1358 OC 2353 OC
1359, 1360 33 2355, 2356 OC
1361, 1362 33 2357, 2358 33
1363, 1364 33 2359, 2360 33
1365, 1366 33 2361, 2362 33
1366.1, 1366.2 33 2363, 2364 33
1366.3, 1366.4 33 2364.1 33
1367 5 2365, 2366 OC
1411 OC 2367, 2368 37
1463 OC 2368.1 37
1465, 1466 OC 2369, 2370 OC
1517 OC 2371, 2372 OC
Supp. No. 39 [3]
NORTH PALM BEACH CODE
Page No. Supp. No. Page No. Supp. No.
2373, 2374 33 2510.29, 2510.30 25, Add.
2375, 2376 33 2510.31, 2510.32 25, Add.
2377, 2378 33 2510.33, 2510.34 25, Add.
2379 33 2510.35, 2510.36 25, Add.
2479 9 2510.37, 2510.38 25, Add.
2481, 2482 23 2510.39, 2510.40 25, Add.
2483, 2484 23 2510.41, 2510.42 25, Add.
2484.1, 2484.2 35 2510.43, 2510.44 25, Add.
2485 35 2510.45, 2510.46 25, Add.
2486.1, 2486.2 23 2510.47, 2510.48 25, Add.
2486.3, 2486.4 33 2510.49, 2510.50 25, Add.
2486.5, 2486.6 33 2510.51, 2510.52 25, Add.
2486.7 33 2510.53, 2510.54 25, Add.
2487, 2488 OC 2510.55, 2510.56 25, Add.
2488.1, 2488.2 18 2510.57, 2510.58 25, Add.
2489, 2490 18 2511, 2512 30
2491, 2492 18 2512.1, 2512,2 23
2493, 2494 18 2512.3, 2512,4 33
2495, 2496 18 2512.5, 2512,6 33
2497, 2498 32 2512.7 33
2499, 2500 32 2513, 2514 OC
2500.1 32 2515, 2516 22
2501, 2502 25 2517, 2518 22
2503,2504 28 2619 38
2504.1, 2504.2 29 2819, 2820 36
2504.3 28 2869, 2870 OC
2505, 2506 10 2871 OC
2507, 2508 13 2873 OC
2509, 2510 32 2875, 2876 OC
2510.1, 2510.2 32 2877, 2878 OC
2510.2.1 32 2879, 2880 OC
2510.3, 2510.4 25, Add. 2881, 2882 14
2510.5, 2510.6 25, Add. 2883, 2884 14
2510.7, 2510.8 25, Add. 2885, 2886 19
2510.9, 2510.10 25, Add. 2887, 2888 25, Add.
2510.11, 2510.12 25, Add. 2889, 2890 33
2510.13, 2510.14 25, Add. 2891 39
2510.15, 2510.16 25, Add. 2933, 2934 25
2510.17, 2510.18 25, Add. 2935, 2936 39
2510.19, 2510.20 25, Add. 2937, 2938 39
2510.21, 2510.22 25, Add. 2938.1 39
2510.23, 2510.24 25, Add. 2939, 2940 37
2510.25, 2510.26 25, Add. 2941, 2942 36
2510.27, 2510.28 25, Add. 2943, 2944 39
Supp. No. 39 [4]
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No.
2945, 2946 39
2947, 2948 39
2949, 2950 36
2951, 2952 39
2953, 2954 36
2955, 2956 39
2957, 2958 36
2959, 2960 36
Supp. No. 39 [5]
ADMINISTRATION § 2-4
the member or declare the member's of village, and to set forth an estimate of all income
lice vacant and promptly fill such vacancy from all sources whatsoever which shall be re-
for the unexpired term of office. ceived by the village.
(n) Resignation o f members. Members of boards
or committees may resign at any time, by submit-
ting awritten letter of resignation to the village
clerk.
(o) Clerical /technical support. The village man-
ager may furnish the board or committee neces-
sary clerical services and technical assistance.
(p) Dissolution of boards. Unless otherwise
provided by law or ordinance, the village council
may dissolve a board or committee if the village
council determines that the board is no longer
needed to meet the purposes for which it was
established.
(Code 1970, ~ 2-18; Ord. No. 18-2001, § 1, 6-28-01;
Ord. No. 06-2002, ~ 1, 2-28-02; Ord. No. 2007-13,
~§ 1, 2, 7-12-07)
Sec. 2-2. Budget procedures.
(c) Before final passage of the budget ordi-
nance, the village clerk shall cause the same as
introduced to be posted at the village hall and in
at least one (1) other conspicuous place in the
village. At those places the village clerk shall post
a notice stating the time and place the budget will
be acted on finally and shall also state in such
notice that the estimate of the village manager
upon which the budget is based is on file for
inspection of the public at the office of the village
clerk. The budget ordinance shall not be passed
by the council until twelve (12) days after such
posting, but not later than September 30.
(Ch. 31481(1956), Laws of Fla., Art. VII, § 3; Ch.
65-1969, Laws of Fla., § 5; Ord. No. 21-76, § 1,
10-14-76; Ord. No. 15-77, §~ 1, 2, 8-25-77; Ord.
No. 23-2001, § 1, 8-9-01)
Charter reference-Provisions of former charter not
embraced in or inconsistent with 1976 revision continued in
effect as ordinances, Art. VI, § 1.
(a) The village manager shall prepare and
submit to the members of the council, at least
forty-five (45) days prior to the first regular
meeting of the council in September of each year,
a balanced budget for the operation of the village
government during the next fiscal year, including
an estimate of the revenues and expenditures in
such forms as to afford the council a comprehen-
sive understanding of the needs and require-
ments of the various divisions of the village gov-
ernment for the ensuing year. Sufficient copies of
this budget shall be prepared so that there shall
be at least three (3) copies on file in the office of
the village clerk.
(b) The council is hereby authorized and em-
powered to prepare and adopt a budget for each
fiscal year by ordinance to be introduced at the
first regular meeting of the council in September
of each year, which ordinance shall fix and deter-
mine the amount of money to be raised by taxa-
tion inthe village for the following fiscal year and
shall also make separate and several appropria-
tions for the payment of all necessary operating
expenses of the village and for the payment of
interest and principal of any indebtedness of the
Sec. 2-3. Adj ournment of meetings of boards
and commissions.
All regular meetings, special meetings and
workshop meetings for village boards and com-
missions shall be adjourned on or before 11:00
p.m. on the date when the meeting convened.
(Ord. No. 21-95, § 1, 7-27-95)
Sec. 2-4. Investment policy of the village.
(a) Purpose. The purpose of this statement is
to set forth the policy and objectives governing the
investment management of public funds of the
village that are in excess of the amounts needed
to meet current expenses. This investment policy
places the highest priority on the safety and
liquidity of funds.
(b) Scope. This investment policy applies to all
the investment activity of the village, except for
its employees' pension funds, which are organized
and administered separately, or for funds related
to the issuance of debt where there are other
existing policies or indentures in effect for such
funds.
Supp. No. 39 134.3
§ 2-4
NORTH PALM BEACH CODE
Funds included: value of securities in the portfolio
(1) General fund. will fall due to changes in general
interest rates, by:
(2) Special revenue funds.
1. Structuring the investment port-
(3) Enterprise funds. folio so that the securities ma-
(4) Capital projects funds. ture to meet cash requirements
(5) An new funds created b the overnin
y y g g for ongoing operations, thereby
body unless specifically exempt. avoiding the need to sell secu-
rities on the open market prior
(c) Objectives. The primary objectives, in pri- to maturity; and
ority of order, of investment activities shall be .
safety of principal, liquidity of funds, and maxi- 2. Investing operating funds pri-
mizing investment income. marily in short-term securities,
money market mutual funds,
(1) Safety. Safety of principal is the foremost or similar investment pools un-
objective of investment activities. Invest- less it is anticipated that long-
ments shall be undertaken in a manner term securities can be held to
that seeks to insure preservation of capi- maturity without jeopardizing
tal in the overall portfolio. All other in- the liquidity requirements.
vestment objectives are secondary to the
safety of principal. The objective will be to (2) Liquidity.
mitigate credit risk and interest rate risk.
a. Credit risk. Credit risk, the risk of a. General liquidity. The investment
loss due to the failure of the security portfolio shall remain sufficiently liq-
issuer or backer, will be minimized uid to meet all operating require-
by: ments that may be reasonably antic-
ipated. This is accomplished by
1. Limiting investments to the saf structuring the portfolio so that the
est types of securities. securities mature concurrent with
2. Pre-qualifying the financial in- cash needs to meet anticipated de-
stitutions,broker dealers, inter- mands. Furthermore, since all possi-
mediaries, and advisers with ble cash demands cannot be antici-
which the village will do busi- gated, the portfolio should consist
ness. largely of securities with active sec-
3. Diversifying the investment ondary or resale markets. Portions
portfolio so that potential losses of the portfolio may be placed in
on individual securities will not interest-bearing checking/savings ac-
place an undue financial bur- counts with qualified public deposi-
den on the village, and tories, Securities and Exchange Com-
o. 1Vlonitoring all of the village's mission registered money market
investments to anticipate and funds with the highest credit quality
respond appropriately to Chang- rating from a nationally recognized
ing market conditions. rating agency, or local government
5. Quarterly reporting, in compar- investment pools which offer same-
ative format, of all market val- day liquidity for short-term funds.
ues of invested funds and in- b. Local liquidity. The chief financial
struments. officer of the village shall establish
b. Interest rate risk. The village will and maintain a local, liquid fund in
minimize the risk that the market an amount equal to, as a minimum,
Supp. No. 39 134.4
ADMINISTRATION
one-twelfth (1h2) of the designated
operating funds in the annual vil-
lage budget.
(3) Investment income. Without compromis-
ing safety and liquidity, the highest pos-
sible total return should be obtained on
the village's funds. Income will include
interest/dividends received as well as any
realized or unrealized gains and losses of
principal of the underlying security.
(d) Performance measurements. In order to as-
sist in the evaluation of the portfolio's perfor-
mance, the village shall use nationally recognized
benchmarks for the short term and long term
portfolios. Performance calculations will not in-
clude any balances invested in overnight sweep
accounts.
(1) Short term portfolio. A nationally recog-
nized 1VIoney Market Fund Index, such as
Standard and Poor's Government Invest-
ment Pool Index/Governmentwill beused
as a benchmark.
(2) Long term portfolio. Investment perfor-
mance of the village portfolio will be com-
pared to the 1-3 year United States Trea-
sury index or the equivalent composed of
U.S. Treasury or government securities,
with duration and asset mix that approx-
imates the village portfolio.
(e) Prudence and ethical standards.
(1) Prudence. The standard of prudence to be
used shall be the "prudent person rule,"
which states that;
Investments should be made
with judgment and care, un-
der circumstances then pre-
vailing,which persons of pru-
dence, discretion, and
intelligence exercise in the
management of their own of
fairs, not for speculation, but
for the investment, consider-
ing the probable safety of
§ 2-4
their capital as well as the
probable income to be de-
rived from the investment.
The chief financial officer, or other per-
sons performing the investment func-
tions, acting in accordance with written
policies and procedures, and exercising
due diligence shall be relieved of personal
responsibility for an individual security's
credit risk or market price changes, pro-
vided deviations from expectations are
reported immediately and that appropri-
ate action is taken to control adverse
developments.
(2) Ethical standards. Officers and employ-
ees involved in the investment process
shall refrain from personal business activ-
ity that could conflict with the proper
execution and management of the invest-
ment program, or that could impair their
ability to make impartial decisions. Em-
ployees and investment officials shall dis-
close any material interest in financial
institutions with which they conduct busi-
ness. They shall further disclose any per-
sonal financiaUinvestment positions that
could be related to the performance of the
investment portfolio. Employees and offic-
ers shall refrain from undertaking per-
sonal investment transactions with the
same individual with whom business is
conducted on behalf of the village.
(f~ Authorized investments and pre-qualifica-
tion. The village may invest and reinvest, in
accordance with the objectives stated in subsec-
tion (c), in the financial instruments noted in the
table below. When considering such investments,
the village shall use the following pre-qualifica-
tion parameters for specific institutions;
(1) Banks. The village shall select a bank
from the most current top ten listed "qual-
Supp. No. 39 134.5
§ 2-4 NORTH PALM BEACH CODE
ified public depositories" with a GAEL pated cash flow requirements. Unless matched to
(capital adequacy, asset quality, earnings, a specific cash flow, the village will not directly
liquidity) score of 3 or better. invest in securities maturing more than three
Bank Eligibility years from the date of purchase.
GAEL Consolidated (h) Portfolio composition. The following are
Score Asset Value Eligibility the limits for investments and limits on security
1-3 Top 10 asset U.S. Public issues, and maturities in the portfolio. The chief
rated Funds Deposi- financial officer has the option to further restrict
tort' Institutions investment in selected instruments, to conform to
(2) SEC registered money/market mutual the present market conditions.
funds. Note: The table below defines two (2) types of
S&P: AAA 1VIinimum, village investments, "operating" and "core":
1Vloody's: AAA Minimum.
(3) Insurance companies. A.1VI. Best Rating:
1Vlinimum aaa.
(4) Corporate interest notes.
S&P: AAA 1VIinimum.
Operating; Those liquid funds necessary to
conduct routine village activity, in addition to
an amount determined by the village council
and administration sufficient to cover emer-
gency situations and unforeseen capital expen-
ditures.
1Vloody's: AAA Minimum.
(5) Local government investment pools. All
components in each pool must satisfy the
appropriate pre-qualification parameters
noted for that institution.
(g) Maturity and liquidity requirements. The
village's investment portfolio shall be structured
to provide sufficient liquidity to pay obligations as
they come due. Furthermore, to the extent possi-
ble, an attempt will be made to match investment
maturities with known cash needs and antici-
Core: All funds not included in operating funds.
In general, these funds can be invested in
issues with longer-term maturities.
These terms shall be defined and the amounts
will be designated at least once a year during the
village budget discussions. Changes during a year
shall only be made by resolution of the village
council. These changes will apply to the end of the
current fiscal year and must be reconfirmed or
changed as needed during the next annual budget
process.
Authorized
Investments
ape o f Funds Maturity
Range
Minimum %
Maximum %
Interest-bearing Operating N/A 8.33 100
checking or savings (1/12 of annual vil- (no more than 50%
accounts lage operating bud- with any one deposi-
get) tort' institution)
Core NA 0 100
(no more than 50%
with any one deposi-
tory institution)
Supp. No. 39 134.6
ADMINISTRATION
§ 2-4
Authorized Maturity
Investments Type o f Funds Range Minimum % Maximum %
Interest-bearing Operating 30 days 0 91.67
time deposits (11/12th of annual
village operating
budget)
(no more than
33.33% with any one
issuer)
Core 3 years 0 100
(no more than
33.33% with any one
issuer)
The Local Govern- Operating NA 0 25
ment Surplus Funds
T
F
d/i
rust
un
ntergov- Core NA 0 25
ernmental invest-
ment pool
Securities and Ex- Operating NA 0 50
change Commission (no more than
registered money 33.33% with any one
market funds issuer.)
Core NA 0 50
(no more than
33.33% with any one
issuer.)
Direct obligations of Operating 30 days 0 50
h
i
U
d S
n
t
e
te
tates Core 5 ears
y 0 100
Treasury
Federal Agencies Operating NA 0 0
Core 5 years 0 50
(no more than 10%
with any one issuer)
Corporate Notes Operating NA 0 0
Core 3 years 0 25
(no more than 33.3%
with any one issuer)
(i) Risk and diversification. Assets held shall
be diversified to control the risk of loss resulting
from the over-concentration of assets in a specific
maturity, issuer, instrument, dealer, or bank
through which these instruments are bought and
sold. Diversification strategies shall be reviewed
and revised periodically as deemed necessary by
the chief financial officer.
(j) Authorized investment institutions and deal-
ers. Alist will be maintained of financial institu-
tions authorized to provide investment services.
In addition, a list also will be maintained of
approved security brokers/dealers selected by cred-
itworthiness.
(k) Third-party custodial agreements. All secu-
rities purchased by the village shall be properly
designated as an asset of the village and shall be
held in safekeeping with athird-party custodial
institution. The third-party custodian will be re-
quired to designate all securities held as assets of
the village. No withdrawal of securities, in whole
or in part, shall be made from safekeeping, except
Supp. No. 39 135
§ 2-4
NORTH PALM BEACH CODE
by the chief financial officer, or his/her respective
designees. Securities transactions between a bro-
ker-dealer and the custodian involving purchase
or sale of securities by transfer of money or
securities must be made on a "delivery vs. pay-
ment" basis, if applicable, to ensure that the
custodian will have the security or money, as
appropriate, in hand at the conclusion of the
transaction.
(1) Master repurchase agreement. All approved
institutions and dealers transacting repurchase
agreements shall execute and perform as stated
in the master repurchase agreement. All repur-
chase agreement transactions shall adhere to the
requirements of the master repurchase agree-
ment.
(m) Bid requirement. An appropriate maturity
date will be determined for each investment based
on cash-flow needs and market conditions. Based
on these considerations, the chief financial officer
will analyze and select one or more optimal types
of investments and competitively bid the security
in question when feasible and appropriate. Ex-
cept as otherwise required by law, the bid deemed
to best meet the investment objectives specified in
subsection III must be selected.
(n) Internal controls.
(1) The chief financial officer shall establish
and maintain a written system of internal
controls made a part of the village's oper-
ational procedures. The internal controls
shall be designed to prevent losses of
funds, which might arise from fraud, em-
ployee error, misrepresentation by third
parties, or imprudent actions by employ-
ees of the village. No person shall engage
in an investment transaction except as
authorized in this policy.
(2) Independent auditors, as a normal part of
the annual financial audit to the village,
shall conduct a review of the system of
internal controls to ensure compliance
with policies and procedures as may be
required by the village.
(o) Continuing education. The chief financial
officer shall complete eight (8) hours of continuing
education annually in subjects or courses related
to investment practices and products.
(p) Reporting. The chief financial officer shall
prepare a quarterly investment report, which
shall include securities in the portfolio by class
and type, acquisition cost, income earned, yield,
maturity date and market value as of the report
date. The report will be provided to the legislative
and governing body of the village and shall be
available to the public.
(q) Securities; disposition. Every security pur-
chased on behalf of the Village must be properly
earmarked and;
(1) If registered with the issuer or agents,
must be immediately placed for safekeep-
ing in alocation that protects the village's
interest in the security;
(2) If in book entry form, must be held for the
credit of the governing body by a deposi-
tory chartered by the federal government,
the state, or any other state or territory of
the United States which has a branch or
principal place of business in the state as
defined in Florida Statutes section 658.12,
or by national association organized and
existing under the laws of the United
States which is authorized to accept and
exercise trusts and which is doing busi-
ness in the state, and must be kept in the
depository in an account separate and
apart from the assets of the financial
institution, or
(3) If physically issued to the holder but not
registered with the issuer or its agents,
must be immediately placed for safekeep-
ing in a secured vault.
(r) Sale o f securities. When invested funds are
needed in whole or in part for the purposes
originally intended or for more optimal invest-
ments, the chief financial officer may sell such
investments at the then-prevailing market price
and place the proceeds into the proper account or
fund.
Supp. No. 39 136
ADMINISTRATION
(s) Policy considerations.
(1) Exemptions. Any investment held prior to
the adoption of this policy that does not
meet the guidelines of this policy shall be
exempted from the requirements of this
policy. At maturity or liquidation, such
monies shall be reinvested only as pro-
vided by this policy.
(2) Amendments. This policy shall be re-
viewed on an annual basis by the village
council at the "setting of council goals and
objectives" session of the annual budget.
The village council must approve any
changes.
(t) Delegation of authority. The finance direc-
tor is the chief financial officer of the village and
is responsible for investment decisions and activ-
ities. No person may engage in an investment
transaction except as provided under the terms of
this policy and the procedures established here-
under.
Nothing set forth herein shall preclude the
village from utilizing a chartered financial ana-
lyst or any other individual or agency subject to
formal oversight by the United States Securities
and Exchange Commission to invest funds on
behalf of the village in accordance with the man-
dates of paragraph (h) of this investment policy.
Authorized signatories are the chief financial
officer, the village manager and the village mayor.
These individuals are also authorized to initiate
wire transfers for the village. All investment
transactions require approval by two (2) of the
depository signatories.
(Ord. No. 31-95, § 1, 10-26-96; Ord. No. 15-2001,
§~ 1, 2, 6-28-01; Ord. No. 2008-17, § 2, 11-13-08)
Editor's note-Ord. No. 31-95, adopted Oct. 26,1996, has
been codified herein at the discretion of the editor as § 2-4.
Secs. 2-5-2-15. Reserved.
ARTICLE II. COUNCIL*
DIVISION 1. GENERALLY
Sec. 2-16. Compensation.
The compensation of all members elected to the
village council other than the mayor is hereby
*Charterreference-Legislative provisions generally, Art.
III.
§ 2-19
fixed at the sum of seven hundred fifty dollars
($750.00) per month. The compensation of the
mayor is hereby fixed at the sum of nine hundred
dollars ($900.00) per month.
(Code 1970, ~ 2-7; Ord. No. 20-78, § 3, 5-10-78;
Ord. No. 2-88, ~ 1, 1-14-88; Ord. No. 16-97, § 1,
3-13-97; Ord. No. 29-99, ~ 1, 5-26-99; Ord. No.
2006-17, § 1, 9-14-06)
Charter reference-Compensation, Art. III, § 4.
Sec. 2-17. Regular meetings-When held.
The regular meetings of the village council
shall be held on the second and fourth Thursdays
of each month.
(Code 1970, ~ 2-S)
Charter reference-Meetings procedure, Art. III, § 9(a).
Sec. 2-18. Same-Presiding officer.
(a) The mayor shall preside at all meetings, if
present, and in his absence, the vice-mayor. In the
absence of both the mayor and vice-mayor, the
president pro tem shall preside.
(b) The presiding officer shall preserve order
and decorum. He shall appoint all committees
unless the council shall otherwise direct.
(c) Terms of mayor. No person may serve more
than one-year term as mayor of the village. A
person who served as mayor of the village for one
(1) term shall not serve as mayor during the
following council year, but beginning one (1) year
after termination of his one-year term as mayor of
the village, he may again serve as mayor for a
period not to exceed one (1) year.
(Code 1970, § 2-9; Ord. No. 218-70, § 1; Ord. No.
8-82, ~ 1, 4-22-82)
Sec. 2-19. Adjournment of all meetings.
All regular meetings, special meetings and
workshop meetings for the village council shall be
adjourned on or before 11:00 p.m. on the date
when the meeting convened. In the event there is
pending business on the floor at 11:00 p.m, during
one (1) of the meetings, the chair shall at that
time entertain a motion that the meeting be
reconvened at a time and date certain, but upon
failure of the council to agree upon such motion,
the meeting shall be adjourned and the business
Supp. No. 39 137
§ 2-19
NORTH PALM BEACH CODE
pending at the time of adjournment shall be the
first item on the agenda of the next meeting of the
village council pertaining thereto.
(Ord. No. 24-79, ~ 1, 11-8-79)
Secs. 2-20-2-25. Reserved.
DIVISION 2. RULES OF PROCEDURE
Sec. 2-26. Order of business.
The following order shall be observed in the
transaction of business, but such order may be
varied by unanimous consent of the councilmen
present:
(1) Roll call;
Charter reference-Authority to determine rules of
procedure, Art. III, § 9(b).
Supp. No. 39 138
ADMINISTRATION
action is based on an actuarial review by an
enrolled actuary who is a member of the Society of
Actuaries.
(f) All portions of Division 3, Pension and
Certain Other Benefits for General Employees, of
Article V of Chapter 2 of the Code of Ordinances
that are not in conflict with this Section 2-158
shall have full applicability to this optional ben-
efit plan.
(Ord. No. 12-96, § 2, 3-28-96; Ord. No. 28-96, ~ 1,
7-25-96; Ord. No. 35-2003, ~~ 2, 3, 12-11-03; Ord.
No. 16-2004, § 2, 7-22-04)
Sec. 2-158.1. Optional benefit plan no. 2.
Cost o f living adjustment. The amount of pen-
sion benefit will be increased or decreased in
accordance with the changes in the consumer
price index published by the U.S. Bureau of Labor
Statistics. Adjustments of pension payments will
be made on October 1 of each year reflecting the
change in the consumer price index over the
12-month period ending April 1 of that year. The
maximum increase or decrease in the member's
pension benefit for any one (1) year is three (3)
percent. However, the member's pension benefit
can never be reduced below the amount the mem-
ber received at date of retirement. Such adjust-
ments shall apply to each retirement, survivor or
disability benefit in pay status as of each October
1.
This provision is mandatory for all employees
hired after the effective date of this section and
such employees shall contribute two (2) percent of
their salary for this benefit. The cost of living
adjustment and contribution of salary as specified
in this section shall be optional with all employ-
ees who were hired prior to the effective date of
this ordinance.
The cost of living adjustment (COLA) set forth
herein shall apply to all forms of benefits set forth
in sections 2-148, 2-149 and 2-158 of this Code.
For general employee group members and bar-
gaining unit employee group participants, the
cost of living adjustment (COLA) shall not apply
to lump sum calculations for employees hired by
the village subsequent to the effective date of the
ordinance from which this section derives.
(Ord. No. 13-2000, ~ 1, 5-11-00; Ord. No. 25-2005,
§ 3, 9-8-05; Ord. No. 27-2005, § 3, 9-29-05)
§ 2-159
DIVISION 4. PENSION AND CERTAIN
OTHER BENEFITS FOR FIRE AND POLICE
EIVIPLOYEES~
Sec. 2-159. Definitions.
As used herein, unless otherwise defined or
required by the context, the following words and
phrases shall have the meaning indicated:
Accrued benefit means the portion of a member's
normal retirement benefit which is considered to
have accrued as of any date. A member's accrued
benefit as of any date shall be equal to the sum of
two and one-half (21/2) percent of his average
monthly earnings multiplied by his credited ser-
vice for the first twenty-four (24) years; zero (0)
percent of his average monthly earnings multi-
plied by the member's credited service for each
year after twenty-four (24) years up to thirty (30)
years; and two (2) percent of his average monthly
earnings multiplied by the member's credited
service for each year in excess of thirty (30) years.
For purposes of this calculation, average monthly
earnings and credited service as of the date of
determination shall be used. The accrued benefit
is considered to be payable in the plan's normal
form commencing on the member's normal retire-
ment date, with such date determined as through
the member remains in full-time employment
with the employer.
Accumulated contributions means a member's
own contributions plus interest credited thereto,
if any, by the board.
Actuarial equivalence or actuarially equivalent
means that any benefit payable under the terms
of this plan in a form other than the normal form
of benefit shall have the same actuarial present
value on the date payment commences as the
normal form of benefit. For purposes of establish-
ing the actuarial present value of any form of
payment, all future payments shall be discounted
for interest and mortality by using seven (7)
~~Editor's note-Ordinance No. 9-82, enacted June 10,
1982, did not expressly amend the Code; hence, codification of
§§ 1-11 as herein set out in §§ 2-159-2-169 was at the
discretion of the editor.
Cross references-Fire division, § 12-29 et seq.; police,
Ch. 23.
Supp. No. 39 151
§ 2-159
NORTH PALM BEACH CODE
percent interest and the 1983 Group Annuity
1VIortality Table for Males, with ages set ahead
five (5) years in the case of disability retirees.
AUerage monthly earnings means one-sixtieth
of earnings of a member during the five (5) years
of his employment within the last ten (10) years of
employment, which is greater than the total dur-
ing any other five (5) years during the ten-year
period; provided that if a member shall have been
employed for fewer than five (5) years, such
average shall be taken over the period of his
actual employment.
Beneficiary means the person or persons enti-
tled to receive benefits hereunder at the death of
a member who has or have been designated in
writing by the member and filed with the board. If
no such designation is in effect at the time of
death of the member, or if no person so designated
is living at that time, the beneficiary shall be the
estate of the member.
Board means the board of trustees which shall
administer and manage the plan herein provided
and serve as trustee of the fund.
Credited service means the total number of
years and fractional parts of years of service
expressed as years and completed months, during
which a person serves as an employee as defined
below, omitting intervening years and fractional
parts of years, when such person may not be
employed by the employer; provided, however,
such person may have, without interrupting his
other years of credited service, up to one (1) year's
leave of absence.
Notwithstanding the foregoing, no employee will
receive credit for years or fractional parts of years
of service for which he has withdrawn his contri-
butions to the pension fund for those years or
fractional parts of years of service unless he
repays into the pension fund the contributions he
has withdrawn, with interest, within ninety (90)
days after his reemployment, as provided in sec-
tion 2-160 below.
Further, an employee may voluntarily leave his
contributions in the pension fund for a period of
five (5) years after leaving the employ of the
employer, pending the possibility of his being
rehired, without losing credit for the time he has
participated actively as an employee. Should he
not be reemployed within five (5) years, his con-
tributions shall be returned to him without inter-
est.
It is provided further that credited service shall
include any service, voluntary or involuntary, in
the armed forces of the United States, provided
the employee is legally entitled to reemployment
under the provisions of the Universal Training
and Service Act or any similar law; and provided
further that the employee shall apply for reem-
ployment within the time and under the condi-
tions prescribed by law. For any person who
becomes a member of the system on or after
October 1,1978, such military service shall not be
credited if he is receiving or will receive in the
future a retirement benefit from the federal gov-
ernment based in whole or in part on such mili-
tary service.
Early retirement date means for each member
the first day of the month coincident with or next
following the date on which he attains his fiftieth
(50th) birthday.
Earnings means a member's gross salary, in-
cludingovertime, public safety pay increment and
special pay, but excluding bonuses, such as lon-
gevity, safety and attendance awards and any
other nonregular payments such as unused sick
leave or vacation time pay.
Effective date means 1Vlarch 1, 1967, the date
on which this plan initially became effective. The
effective date of this restated plan is the date as of
which the village council adopts the plan.
Employee means each actively employed full-
time firefighter and police officer of the village.
Employer means the Village of North Palm
Beach, Florida.
Firefighter means any person employed in the
fire department who is certified as a firefighter as
a condition of employment in accordance with the
provisions of F.S. section 633.35, and whose duty
it is to extinguish fires, to protect life, and to
protect property.
Fund means the trust fund established herein
as part of the plan.
Supp. No. 39 152
ADMINISTRATION
Member means an employee who fulfills the
prescribed participation requirements.
Normal retirement date means for each mem-
ber the first day of the month coincident with or
next following the date on which the member
attains age fifty-five (55) or the date on which the
member attains age fifty-two (52) and has twenty-
five (25) years of credited service. A member may
retire on this normal retirement date or on the
first day of any month thereafter.
Plan or system means the Village of North
Palm Beach Fire and Police Retirement Fund as
contained herein and all amendments thereto.
Plan year means each year commencing on
October 1, and ending on September 30.
Police officer means any person employed in
the police department who is certified as a law
enforcement officer as a condition of employment
in accordance with the provisions of F.S. section
943.14, and who is vested with authority to bear
arms and make arrests, and whose primary re-
sponsibility is the prevention and detection of
crime or the enforcement of the penal, criminal,
traffic or highway laws of the state. Any public
safety officer who is responsible for performing
both police and fire services and who is certified
as a police officer or firefighter shall be considered
a police officer.
Spouse shall mean the lawful wife or husband
of a member at time of preretirement death or
retirement.
(Ord. No. 9-82, ~ 1, 6-10-82; Ord. No. 1-92, § 1,
2-13-92; Ord. No. 30-95, §~ 1, 2, 10-12-95; Ord.
No. 2008-18, § 2, 11-13-08)
Sec. 2-160. Membership.
(a) Conditions of eligibility. Each person who
becomes an employee must become a member of
the plan as a condition of his employment. Each
such employee shall be considered a member
immediately upon hire.
(b) Application for membership. Each eligible
employee shall, within thirty (30) days of becom-
ing eligible, complete an application form cover-
§ 2-160
ing the following points, as well as such other
points or items as may be prescribed by the board:
(1) Acceptance of the terms and conditions of
the plan;
(2) Designation of a beneficiary or beneficia-
ries;
(3) Authorization of a payroll deduction pay-
able to the plan as hereinafter provided;
(4) Provision of acceptable evidence of his
date of birth;
(5) A certified statement as to prior medical
history; and
(6) A written release allowing distribution of
all medical records to the board.
(c) Change in designation o f bene f iciary. A mem-
bermay, from time to time, change his designated
beneficiary by written notice to the board upon
forms provided by the board. Upon such change,
the rights of all previously designated beneficia-
ries to receive any benefit under the plan shall
cease.
(d) Buy-back o f previous service. Each member
of the plan who terminates his employment with
the employer and who is subsequently reem-
ployed by the employer shall be permitted to
"buy-back" his previous credited service under the
following conditions:
(1) The length of time between the member's
termination date and his subsequent re-
employment date is not limited.
(2) The member must pay into the fund an
amount equal to the sum of the amount he
withdrew from the fund when he termi-
nated employment, plus interest thereon
at the rate of seven (7) percent from the
date of withdrawal to the date of repay-
ment.
(3) The board shall notify the employee of the
total amount payable, as described above.
Payment must be made within ninety (90)
days of such notification.
(4) Upon timely payment of the required
amount, the employee shall immediately
Supp. No. 39 153
§ 2-160 NORTH PALM BEACH CODE
be reinstated as member of the plan and date or reaches ten (10) years of credited
shall be given credit for his previous cred- service shall be one hundred (100) percent
ited service. vested in their accrued benefit.
(Ord. No. 9-82, ~ 2, 6-10-82; Ord. No. 1-92, § 2,
2-13-92; Ord. No. 2008-18, § 3, 11-13-08) (b) Early retirement benefit. Amember retiring
hereunder on or after his early retirement date
may receive either a deferred or an immediate
Sec. 2-161. Benefit amounts. monthly retirement benefit as follows:
(a) Normal retirement benefit.
(1) Amount. Each member who retires on or
after his normal retirement date shall be
eligible to receive a normal retirement
benefit commencing on his actual retire-
ment date. The monthly normal retire-
ment benefit shall be an amount equal to
the sum of two and one half (21/2) percent
of his average monthly earnings multi-
plied bythe member's credited service for
the first twenty-four (24) years; zero (0)
percent of his average monthly earnings
multiplied by the member's credited ser-
vice for each year after twenty-four (24)
years up to thirty (30) years; and two (2)
percent of his average monthly earnings
multiplied by the member's credited ser-
vice for each year in excess of thirty (30)
years.
(2) Form o f bene f it. The normal retirement
benefit shall commence on the member's
actual retirement date and be payable on
the first day of each month thereafter,
with the last payment being the one next
preceding the retiree's death, with one
hundred twenty (120) monthly payments
guaranteed (10 years). If the member
should die before one hundred twenty
(120) monthly payments are made, pay-
ments are then continued to the desig-
natedbeneficiary until one hundred twenty
(120) monthly payments in all have been
made, at which time the benefits cease.
(3) Optional forms o f bene fit. In lieu of the
form of benefit just described, a member
may choose an optional form of benefit as
provided in section 2-162 below.
(4) One hundred (100 percent vesting. Each
member who attains normal retirement
(1) A deferred monthly retirement benefit
which shall commence on the normal re-
tirement date and shall be continued on
the first day of each month thereafter
during his lifetime, guaranteed for one
hundred twenty (120) monthly payments.
The amount of the benefit shall be deter-
minedand paid in the same manner as for
retirement at the member's normal retire-
ment date except that average monthly
earnings and credited service shall be
determined as of his early retirement date;
or
(2) An immediate monthly retirement benefit
which shall commence on the member's
early retirement date and shall be contin-
ued on the first day of each month there-
after during the member's lifetime and
guaranteed for one hundred twenty (120)
monthly payments. The benefit payable
shall be as determined in subparagraph
(1) above, reduced by three percent per
year by which the starting date of the
benefit precedes the normal retirement
date.
(c) Benefit formula. The benefit formula appli-
cable in all cases of retirement shall be that in
effect on each member's employment termination
date.
(d) Preretirement death.
(1) If a participant who is no longer an em-
ployee of the village dies prior to the
normal retirement date and has attained
age fifty (50) and had ten (10) years of
credited service, a pension benefit of fifty
(50) percent of the amount the participant
would have been entitled to, actuarially
reduced for early retirement, shall be paid
to the surviving beneficiary for as long as
the beneficiary shall live. Such amount
Supp. No. 39 154
ADMINISTRATION
§ 2-161
shall be based on the amount payable lice officer or firefighter, and such
under the fifty (50) percent joint and member is likely to remain so dis-
survivoroption, reduced actuarially to the abled continuously and permanently
age of the beneficiary, and the board finds that his injury or
(2) If a member dies prior to the normal illness arose out of and in the course
retirement date and is then employed by of his employment with the village.
the village and has ten (10) years of Provided however the cause was not
credited service, such member regardless one of the exclusions listed in sub-
of age shall receive pension benefits asset
section (10).
forth in subsection (3). (3) Disability benefit. A member retiring on a
(3) The members specified in subsection (2) disability retirement from the village shall
above shall receive a benefit equal to the receive a benefit as follows:
member's vested accrued pension as com- a. Non-duty disability benefit. The
puted under section 2-161(d) and shall be amount of the benefit for the non-
payable to the designated beneficiary in duty disability benefit is determined
equal, consecutive monthly installments and paid in the same manner as for
over ten (10) years. The benefit payments retirement at the normal retirement
specified herein shall commence upon death date except that average monthly
of the plan member and approval of the earnings and credited service shall
pension board, be determined as of the member's
(e) Disability retirement. last date of employment with the
(1) A member ma retire from the service of
y village. In any event the non-duty
the village under the plan if
prior to his disability benefit shall be at least
,
normal retirement date
he becomes dis- twenty-five (25) percent of the dis-
'
,
abled as defined in subsection (2) hereof. abled member
s average monthly
.
Such retirement shall herein be referred earnings.
to as disability retirement. To be eligible b. Duty disability benefit. The amount
for anon-duty disability benefit, a mem- of the benefit for the duty disability
ber shall have ten (10) or more years of benefit is determined and paid in the
credited service. There is no years of ser- same manner as for retirement at
vice requirement for eligibility for a duty the normal retirement date except
disability benefit. that average monthly earnings and
(2) a. Non-duty disability. A member will credited service shall be determined
be considered for anon-duty disabil- as of the member's last date of em-
ity benefit if in the opinion of the ployment with the village. In any
board, he is wholly prevented from event the duty disability benefit shall
rendering useful and efficient ser- be at least forty-two (42) percent of
vice as a police officer or firefighter, the disabled member's average
and such member is likely to remain monthly earnings.
so disabled continuously and perma- (4) No member shall be permitted to retire
nently. Provided however the cause under the provisions of this section until
was not one of the exclusions listed examined by a duly qualified physician or
in subsection (10). surgeon, to be selected by the board for
b. Duty disability. A member will be that purpose, and is found to be disabled
considered for a duty disability ben- in the degree and in the manner specified
efit, if in the opinion of the board, he in this section. Any member retiring un-
is wholly prevented from rendering der this section shall be examined period-
useful and efficient service as a po- ically by a duly qualified physician or
Supp. No. 39 155
§ 2-161
NORTH PALM BEACH CODE
surgeon or board of physicians or sur-
geons to be selected by the board for that
purpose, to determine if such disability
has ceased to exist.
(5) The normal form of benefit payable to a
member who retires with a total and
permanent disability as a result of a dis-
ability commencing prior to his normal
retirement date is the monthly income
payable for ten (10) years certain and life.
The disability retiree may also choose any
of the optional benefits available in sec-
tion 2-162 of this plan.
(6) a. The monthly retirement income to
which a member is entitled in the
event of his disability retirement will
be payable on the first day of each
month. The first payment will be
made on the first day of the month
following the later to occur of:
1. The date on which the disabil-
ityhas existed for six (6) months,
or
2. The date the board approves
the payment of such retirement
income.
b. The last payment will be:
1. If the member recovers from
the disability prior to his nor-
mal retirement date, the pay-
ment due next preceding the
date of such recovery; or
2. If the member dies without re-
covering from his disability or
attains his normal retirement
date while still disabled, the
payment due next preceding his
death or the one hundred twen-
tieth (120th) monthly payment,
whichever is later.
c. Any monthly retirement income pay-
ments due after the death of a dis-
abled member shall be paid to the
member's designated beneficiary.
(7) If the board finds that a member who is
receiving a disability retirement income
is, at any time prior to his normal retire-
ment date, no longer disabled, as provided
herein, the board shall direct that the
disability retirement income be discontin-
ued. Recovery from disability as used
herein shall mean the ability of the mem-
ber to render useful and efficient service
as a police officer or firefighter.
(8) If the member recovers from the disability
and reenters the service of the village as a
police officer or firefighter, his service will
be deemed to have been continuous, but
the period beginning with the first month
for which he received a disability retire-
ment income payment and ending with
the date he reentered the service of the
village will not be considered as credited
service for the purpose of the plan.
(9) Any condition or impairment of health of
a member caused by tuberculosis, hyper-
tension, heart disease, hardening of the
arteries, hepatitis, or meningococcal men-
ingitis resulting in total or partial disabil-
ity or death, shall be presumed to be
accidental and suffered in the line of duty
unless the contrary be shown by compe-
tent evidence. Any condition or impair-
ment of health caused directly or proxi-
mately by exposure, which exposure
occurred in the active performance of duty
at some definite time or place without
willful negligence on the part of the mem-
ber, resulting in total or partial disability,
shall be presumed to be accidental and
suffered in the line of duty, provided that
such member shall have successfully
passed a physical examination upon en-
tering such service, which physical exam-
inationincluding electrocardiogram failed
to reveal any evidence of such condition.
In order to be entitled to presumption in
the case of hepatitis, meningococcal men-
ingitis, or tuberculosis, the member must
meet the requirements of F.S. § 112.181.
The final decision whether a member meets
the requirements for duty disability pen-
sion rests with the board and shall be
based on substantial competent evidence
on the record as a whole.
Supp. No. 39 156
ADMINISTRATION
(10) A member will not be entitled to receive
any disability retirement income if the
disability is a result of:
a. Excessive and habitual use by the
member of drugs, intoxicants, or nar-
cotics;
b. Injury or disease sustained by the
member while willfully and illegally
participating in fights, riots, civil
insurrections or while committing a
crime;
c. Injury or disease sustained by the
member while serving in any armed
forces;
d. Injury or disease sustained by the
member after employment has ter-
minated;
e. Injury or disease sustained by the
member while working for anyone
other than the village and arising
out of such employment.
(f~ Termination benefits and Vesting.
(1) Each member who terminates employ-
ment with the employer and who is not
eligible for any of the retirement, death,
or disability benefits set forth herein shall
receive from the fund within a reasonable
time following his date of termination a
refund of his accumulated contributions.
Provided, however, that if at the time of
his termination of employment the mem-
berhas ten (10) or more years of credited
service, he shall have the option of either
receiving his accumulated contributions
or his accrued benefit payable commenc-
ing atthe date which would have been his
normal retirement date had he remained
in full-time employment with the em-
ployer. The member may direct that his
accrued benefit, reduced as for early re-
tirement, commence at age fifty (50) or
any date thereafter provided his accumu-
lated contributions are not withdrawn.
(2) A refund of accumulated contributions to
a member or his beneficiary shall consti-
tute afull and complete discharge of any
§ 2-162
and all rights to claims or benefits under
the system by the member or his benefi-
ciaries.
(g) Cost of liUing adjustment. The amount of
pension benefit will be increased or decreased in
accordance with the changes in the consumer
price index (CPI-W U.S.) published by the U.S.
Bureau of Labor Statistics. Adjustments of pen-
sion payments will be made on October 1 of each
year reflecting the change in the consumer price
index over the twelve-month period ending April
1. The maximum increase or decrease in the
member's pension benefit for any one (1) year is
three (3) percent. However, the member's pension
benefit can never be reduced below the amount
the member received at date of retirement. Such
adjustments shall apply to each retirement, sur-
vivor or disability benefit in pay status as of each
October 1.
(h) Limitation on benefits. In no event may a
member's annual benefit exceed the limitations of
Internal Revenue Code Section 415 as such pro-
visions apply to governmental pension plans. The
provisions of Internal Revenue Code Section 415
that apply to governmental pension plans are
hereby incorporated into this plan by reference.
(Ord. No. 9-82, § 3, 6-10-82; Ord. No. 20-82, ~ 1,
11-18-82; Ord. No. 1-92, § 3, 2-13-92; Ord. No.
6-95, ~ 1, 3-9-95; Ord. No. 30-95, § 3, 10-12-95;
Ord. No. 20-2000, §~ 1, 2, 8-10-00; Ord. No.
08-2001, ~ 1, 4-12-01; Ord. No. 13-2003, §~ 1-3,
5-8-03; Ord. No. 2008-18, ~ 4, 11-13-08)
Sec. 2-162. Optional forms of benefits.
Each member entitled to a normal, early, dis-
ability orvested retirement benefit shall have the
right, at any time prior to the date on which
benefit payments begin, to elect to have his or her
benefit payable under any one (1) of the options
hereinafter set forth in lieu of benefits provided
herein, and to revoke any such elections and
make a new election at any time prior to the
actual beginning of payments. The value of op-
tional benefits shall be actuarially equivalent to
the value of benefits otherwise payable, and the
present value of payments to the retiring member
must be at least equal to fifty (50) percent of the
total present value of payments to the retiring
Supp. No. 39 156.1
§ 2-162
NORTH PALM BEACH CODE
member and his/her beneficiary. The member
shall make such an election by written request to
the board, such request being retained in the
board's files.
(1) Option 1-Joint and last surUivor option.
The member may elect to receive a bene-
fit, which has been adjusted to the actu-
arial equivalent of the normal form of
benefit, during his/her lifetime and have
such adjusted benefit (or a designated
fraction thereof, for example one hundred
(100) percent, seventy-five (75) percent,
sixty-six and two-thirds (66 ~/3) percent or
fifty (50) percent) continued after his death
to and during the lifetime of his benefi-
ciary. The election of option 1 shall be null
and void if the designated beneficiary dies
before the member's benefit payments com-
mence.
(2) Option 2-Social security adjustment op-
tion. If a member retires before being
eligible for social security benefits, he
may elect this option. A member may elect
to receive a larger pension up to the date
he begins receiving social security bene-
fits. The member's pension benefits may
be reduced or terminated after social se-
curity payments begin. The amount of
reduction shall be actuarially determined.
(3) Option 3-Other. In lieu of the other op-
tional forms enumerated in this section,
benefits may be paid in any form ap-
proved by the board so long as actuarial
equivalence with the benefits otherwise
payable is maintained, provided, how-
ever, that the board shall not authorize
any actuarially equivalent single or lump
sum distributions.
(Ord. No. 9-82, ~ 4, 6-10-82; Ord. No. 1-92, § 4,
2-13-92; Ord. No. 20-2000, § 3, 8-10-00; Ord. No.
13-2003, § 4, 5-8-03; Ord. No. 2008-18, § 5,11-13-
08)
Sec. 2-163. Contributions.
(a) Member contributions.
(1) Amount. 1VIembers of the plan shall make
regular contributions to the fund at a rate
equal to two (2) percent of their respective
earnings.
(2) Duration. The village shall pick-up, rather
than deduct from each member's pay, be-
ginningwith the date of employment, two
(2) percent of the member's basic compen-
sation. The monies so picked-up shall be
deposited in the fund on a monthly basis.
An account record shall be maintained
continuously for each member. Pick-up
contributions shall continue until death,
disability or termination of service, which-
ever shall occur first. Contributions shall
remain in the fund unless withdrawn as
provided in the plan. No member shall
have the option to choose to receive the
contributed amounts directly instead of
having them paid by the village directly to
the plan. All such pick-up contributions
by the village shall be deemed and be
considered as part of the member's accu-
mulated contributions and subject to all
provisions of the plan pertaining to accu-
mulated contributions of members. The
intent of this provision is to comply with
Section 414(h)(2) of the Internal Revenue
Code. For paying Social Security taxes,
and for such other purposes except as
specified in this plan, the amount of em-
ployee contributions "picked-up" or paid
by the village will be added to the amount
distributed on a current basis in order to
determine total wages, salary, pay or com-
pensation. In the event that the employer
agrees to assume and pay member contri-
butions in lieu of direct contributions by
the member, such contributions shall ac-
cordingly be paid into the plan on behalf
of the members. No member subject to
such agreement shall have the option of
choosing to receive the contributed amounts
directly instead of having them paid by
the employer directly to the plan. All such
contributions by the employer shall be
deemed and considered as part of the
member's accumulated contributions and
subject to all provisions of this plan per-
taining to accumulated contributions of
members. The intent of this language is to
comply with section 414(h)(2) of the Inter-
nal Revenue Code.
(3) Interest. Interest shall be credited to mem-
ber contributions as of September 30 of
Supp. No. 39 156.2
ADMINISTRATION
each year at a rate equal to the change in
the consumer price index, published by
the U.S. Bureau of Labor Statistics, over
the twelve-month period ending on the
previous June 30. The maximum rate for
any year shall be seven (7) percent and
the minimum rate shall be zero (0) per-
cent.
(4) Guaranteed refund. All benefits payable
under this plan are in lieu of a refund of
accumulated contributions. In any event,
however, each member shall be guaran-
teedthe payment of benefits on his behalf
at least equal in total amount to his
accumulated contributions.
(b) State contributions. Any monies received or
receivable by reason of the laws of the State of
Florida for the express purpose of funding and
paying for the benefits of police officers or firefight-
ers shall be deposited in the fund within the time
prescribed by law. Such monies shall be for the
sole and exclusive use of members or may be used
to pay extra benefits for members.
(c) Employer contributions. So long as this
plan is in effect, the employer shall make contri-
butions to the fund in an amount at least equal to
the difference in each year as between the aggre-
gate member and state contributions for the year
and the total cost for the year as shown by the
most recent actuarial valuation report for the
system. The total cost for any year shall be
defined as the total of normal cost plus the
additional amount sufficient to amortize the un-
funded actuarial liability in accordance with ap-
plicablelaws ofthe State of Florida. The employer's
contribution shall be deposited on at least a
quarterly basis.
§ 2-163
Supp. No. 39 156.3
Chapter 14
HEALTH AND SANITATION*
Art. I. In General, ~§ 14-1-14-15
Art. II. Garbage, Trash and Refuse, ~§ 14-16-14-63
Div. 1. Generally, §§ 14-16-14-22
Div. 2. Garbage Collection and Disposal, §§ 14-23-14-36
Div. 3. Reserved, §§ 14-37-14-63
Art. III. Reserved, ~§ 14-64-14-78
Art. IV. Abatement of Public Nuisances on Private Property, §§ 14-
79-14-83
*Cross references-Enforcement of Ch. 14 by code enforcement inspector, § 2-171 et seq.; boat owners required to observe
village health rules, § 5-15.
Supp. No. 39 8S9
HEALTH AND SANITATION § 14-28
ARTICLE I. IN GENERAL Sec. 14-26. Frequency of collection.
Secs. 14-1-14-15. Reserved. Commercial garbage shall be collected at least
three (3) times a week, and with greater fre-
quency and in such manner as shall be directed
ARTICLE II. GARBAGE, TRASH AND by the village manager.
REFUSE* (Code 1970, ~ 18-41)
DIVISION 1. GENERALLY
Secs. 14-16-14-22. Reserved.
DIVISION 2. GARBAGE COLLECTION AND
DISPOSAL
Sec. 14-23. Definition.
As used in this division, "commercial garbage"
shall mean every refuse accumulation of animal,
fruit or vegetable matter that attends the prepa-
ration, use, cooking and dealing in, or storage of
meats, fish, fowl, fruits or vegetables, and any
other matter of any nature whatsoever which is
subject to decay and the generation of noxious or
offensive gases or odors, or which, during or after
decay, may serve as breeding or feeding material
for flies or other germ-carrying insects.
(Code 1970, ~ 18-1)
Cross reference-Rules of construction and definitions
generally, § 1-2.
Sec. 14-24. Garbage cans-Required.
Sec. 14-27. Charges-Generally.
All property within the village which is im-
proved by a structure for which a certificate of
occupancy is issued after February first of any
year and for which garbage and trash collections
are made by the village shall pay the following
fees for collection and disposal of garbage and
trash during the remainder of that calendar year
in which the certificate of occupancy is issued:
(1) One- and two-family homes, four dollars
and twenty-three cents ($4.23) per dwell-
ing unit per month, or fraction thereof.
(2) Dwellings of three (3) units or more, four
dollars and twenty-three cents ($4.23) per
unit per month, or fraction thereof. Where
a dwelling of three (3) or more units is a
condominium and the condominium asso-
ciation or the developer of the condomin-
ium notifies the director of public works,
garbage and trash fees shall be billed to
the individual owners of condominium
units.
Garbage containers at each commercial estab-
lishmentwithin the village and at each multifam-
ily dwelling which contains three (3) or more
units shall provide dumpster-type garbage con-
tainers which can be collected by village garbage
vehicles using the dumpster collection method.
(Code 1970, ~ 18-23; Ord. No. 6-75, ~ 1, 6-12-75)
Sec. 14-25. Same-To be kept covered.
All commercial garbage cans shall be kept
tightly covered at all times, except when neces-
sary tolift the covers for the purpose of depositing
garbage in the garbage can or for the purpose of
emptying such garbage into a garbage truck.
(Code 1970, ~ 18-24)
*Cross reference-Refuse disposal divisions, § 2-85(e).
(3) For commercial establishments, four dol-
lars and twenty-three cents ($4.23) per
month, or fraction thereof.
(Code 1970, § 18-49; Ord. No. 2-74, § 1; Ord. No.
2006-24, § 2.E.1, 11-9-06)
Sec. 14-28. Same-Fee for excess amounts
from commercial establishments.
In the event any commercial establishment has
more than two (2) cubic yards of garbage at any
one (1) pickup, the occupant thereof shall pay one
dollar ($1.00) per cubic yard for all garbage col-
lected inexcess oftwo (2) cubic yards. In the event
any commercial establishment has more than six
(6) cubic yards of garbage picked up during any
Supp. No. 39 891
§ 14-28
NORTH PALM BEACH CODE
one (1) week, the occupant thereof shall pay one
dollar ($1.00) per cubic yard for all garbage col-
lected in excess of six (6) cubic yards per week.
(Code 1970, ~ 18-48)
Sec. 14-29. Same-When and where paid.
All payments required by this division shall be
made to the village by the fifteenth of the month
for which service is rendered. All delinquent ac-
counts are subject to stoppage of service without
notice. If a delinquent account is not paid within
thirty (30) days, the director of public works shall
cease all refuse collection for that account unless
otherwise directed by the village manager. Ser-
vice shall be resumed thereafter only upon pay-
ment of the accumulated fees for the period of
collection and the period of noncollection unless
the village manager specifically directs otherwise.
The stoppage of service herein authorized for
nonpayment of collection charges shall be in ad-
dition to the right of the village to proceed for the
collection of such unpaid charges in a manner
provided by law.
(Code 1970, ~ 18-53; Ord. No. 2-74, ~ 2; Ord. No.
2006-24, § 2.E.2, 11-9-06)
Sec. 14-30. Commercial use property waste
disposal fees and collection pro-
cedures.
(1) For purposes of this section, commercial
use property shall include all property parcels in
the village upon which a building exists with the
exception of residential use property, village-
owned property and other property used for gov-
ernmental purposes.
(2) Annual disposal fees for garbage and trash
and all other refuse collected by the Village of
North Palm Beach shall be charged as herein
provided, except as otherwise stated.
Occupancy Category Fee per Square Foot
Low $ 0.068
1Vledium 0.181
High 0.967
Occupancy category is as determined by the Palm
Beach County Solid Waste Authority.
Total square feet is as determined by the Palm
Beach County Property Appraiser.
(3) Waste disposal fees shall be due and pay-
able to the village yearly in advance on October 1
of each year regardless of occupancy or use of the
property charged. The fees shall be billed to the
property owner of record as shown on the county
tax rolls. Failure to pay the fees when due may
result in the discontinuance of the waste removal
service and/or the placing of a lien by the village
council in the amount of the fees due against the
property to which service is available, and/or
action by the village code enforcement board.
(4) The collection of garbage and trash by a
private person, firm, or corporation hired for such
purpose is prohibited except where dumpsters of
greater than two-cubic-yard capacity are used.
(Ord. No. 37-90, § 1,10-25-90; Ord. No. 34-91, § 1,
11-14-91; Ord. No. 18-92, § 1, 10-22-92; Ord. No.
19-94, ~ 1, 10-13-94; Ord. No. 8-96, ~ 1, 2-8-96;
Ord. No. 3-98, § 1, 1-8-98; Ord. No. 29-2000, ~ 1,
9-28-00; Ord. No. 29-2002, ~ 1,10-10-02; Ord. No.
2006-20, § 2, 9-28-06; Ord. No. 2006-28, § 2,
12-14-06; Ord. No. 2007-21, ~ 2, 12-13-07; Ord.
No. 2008-16, ~ 2, 10-23-08)
Secs. 14-31-14-36. Reserved.
DIVISION 3. RESERVED*
Secs. 14-37-14-63. Reserved.
ARTICLE III. RESERVED
Secs. 14-64-14-78. Reserved.
~~Editor's note-Ord. No. 2008-15, § 2, adopted Oct. 23,
2008, repealed Div. 3, §§ 14-37-14-52, which pertained to
abandoned, inoperative and junked property and derived from
§§ 23-15, 23-16, and 23-18-23-30 of the 1970 Code and Ord.
No. 7-73.
Supp. No. 39 892
HEALTH AND SANITATION
ARTICLE IV. ABATEMENT OF PUBLIC
NUISANCES ON PRIVATE PROPERTY
Sec. 14-79. Definitions.
The following words and phrases, when used in
this article, shall have the meanings ascribed to
them in this section, except where the context
clearly indicates a different meaning:
Debris means any trash, rubbish, pipes, paper,
wrapping, crates, boxes of any type, tin cans,
wood, bottles, glass, animal and vegetable wastes,
or other discarded materials, including vehicles,
boats and boat trailers in a rusted, wrecked,
junked, inoperative or partially dismantled con-
dition.
Personal property means all forms of personal
property and chattel, other than real property.
(Ord. No. 2008-15, ~ 3, 10-23-08)
Sec. 14-80. Uses or activities constituting a
public nuisance.
The following uses or activities upon any im-
proved or vacant parcel, lot, tract, land or pre-
mises within the village shall constitute a public
nuisance and a violation of this code, subject to
the nuisance abatement procedures set forth in
this article and all other methods of code enforce-
ment available to the village, including, but not
limited to code enforcement proceedings and in-
junctive relief:
(1) The condition of ill repair or lack of main-
tenance of any real property such that the
condition is deemed unsafe or creates a
health, sanitation, or safety hazard, in-
cluding, but not limited to, the harboring
of rats, snakes and other vermin or the
pooling of water that may serve as breed-
ing grounds for insects and other disease
vectors;
(2) The growth of weeds, grass, or other sim-
ilar ground cover which exceeds twelve
(12) inches in height for an improved lot
*Editor's note-Ord. No. 2008-15, § 3, adopted Oct. 23,
2008, repealed the former Art. IV, §§ 14-79-14-83, and
enacted a new article as set out herein. The former Art. IV
pertained to weeds and brush and derived from §§ 44-11-
44-15 of the 1970 Code.
§ 14-81
and eighteen (18) inches in height for a
vacant lot, or the uncontrolled growth of
vegetation which fails to present a healthy
appearance; or
(3) The presence, accumulation, storage, or
otherwise keeping of debris or any aban-
doned, discarded, or unused personal prop-
erty when not completely enclosed in a
structure and visible at ground level from
adjoining properties or public rights-of
Way.
(Ord. No. 2008-15, § 3, 10-23-08)
Sec. 14-81. Notice of public nuisance; right
to request hearing.
(a) Authorized agents and employees of the
village's community development department, in
addition to code inspectors and law enforcement
officers, are empowered to enter upon and inspect
properties within the village on which a public
nuisance is suspected to exist. All such persons
shall be immune from prosecution, civil or crimi-
nal, for reasonable, good faith entry upon prop-
erty within the village while discharging the
duties outlined in this article.
(b) The village's community development di-
rector or designee is hereby authorized and di-
rected to notify in writing the owner of any
property upon which a public nuisance exists, as
specified in section 14-80 above. The notice shall
detail the nature of the public nuisance, the
method(s) of correction, and the date by which
corrective action must be completed, which shall
be at least ten (10) days from the date of the
notice. The notice shall further advise the prop-
erty owner of the right to request a hearing as
specified below, and that the failure to abate the
nuisance will result in the village taking correc-
tive action and the assessment of costs and impo-
sition of a lien against the property.
(c) The notice shall be sent to the owner of the
property by certified mail, return receipt re-
quested, at the address(es) maintained by the
county property owner and tax collector and shall
be posted on the property.
(d) Prior to the date specified for corrective
action in the notice, the property owner may
make a written request to the community devel-
Supp. No. 39 893
§ 14-81
NORTH PALM BEACH CODE
opment director for a hearing before the village
code enforcement board to show that the condi-
tionalleged inthe notice does not exist or does not
create a public nuisance. The code enforcement
board shall conduct a hearing as soon as practi-
cable after the receipt of such request. The prop-
erty owner shall be notified of the hearing in the
manner set forth in section 2-181 of this Code.
(Ord. No. 2008-15, ~ 3, 10-23-08)
Sec. 14-82. Abatement of public nuisance.
If no hearing has been requested and the
condition described in the notice has not been
corrected by the date specified in the notice, or if
a hearing has been held and the code enforcement
board has ruled adversely to the property owner,
the community development director is autho-
rized with approval of the village manager to
cause the nuisance to be abated by the village or
its agents at the expense of the property owner.
(Ord. No. 2008-15, ~ 3, 10-23-08)
Sec. 14-83. Assessment of costs and imposi-
tion of lien.
(a) when the village has abated or contracted
for the abatement of a public nuisance as autho-
rized bythis article, the village community devel-
opment director or village manager shall certify
the costs incurred in remedying the condition, in
addition to a two hundred fifty dollar ($250.00)
administrative fee, and assess that amount against
the property. The assessment shall contain the
legal description of the property, the street ad-
dress, and the total amount of the assessment.
The village shall mail the assessment to the
property owner via both certified mail, return
receipt requested, and regular U.S. mail and
provide the property owner fifteen (15) days from
the date of mailing in which to pay the assess-
ment.
(b) Should the property owner fail to pay the
assessment, the village shall record the assess-
ment in the public records, and the recording of
the assessment shall create and constitute a lien
against such property for the amount of the
assessment, payable to the village.
(c) The assessment shall bear interest at the
current legal rate of interest per annum as pro-
vided by law and shall constitute a lien upon the
land from the date of the assessment. Lien assess-
ments may be enforced by civil action in the
appropriate court of competent jurisdiction. The
lien created shall be a first lien, equal to a lien for
nonpayment of property taxes, on any property
against which an assessment for costs to abate a
nuisance has been recorded. The lien shall con-
tinue in full force until discharged by payment or
otherwise or until settled and released by the
community development director or the village
manager.
(Ord. No. 2008-15, § 3, 10-23-OS)
[The next page is 945]
Supp. No. 39 894
CODE COMPARATIVE TABLE
Adoption Section
Ord. No. Date Section this Code
8 19-221
9 29-5(a)
10 App. C, § 45-20(9),
(10)
11 App. C, § 45-36 Q(5)
2007-01 1-11-07 2 Added 21-48
2007-03 2- 8-07 2 6-17
2007-10 4-12-07 1 2-52(a)
2 2-54(3)
2007-13 7-12-07 1, 2 2-1
2007-16 10-25-07 2 Added App. C, § 45-16.1
2007-17 10-25-07 2 Added 2-166(1)d.
2007-19 12-13-07 2, 7 18-34
3 2-173
2007-20 12-13-07 2 Rpld 9-16-9-21
3 9-16-9-19
2007-21 12-13-07 2 14-30(2)
2008-01 1-10-08 2 6-115(F)
2008-02 1-10-08 2 2-148
2008-03 1-24-08 2 10-5
Dltd 10-6-10-8
Rnbd 10-9
as 10-6
Dltd 10-10
Rnbd 10-13
as 10-7
4 Rpld 10-58-10-64
3 10-76
Rpld 10-77
2008-04 1-24-08 2 5-83
5-85
2008-06 2-28-08 2 Added 19-11
2008-07 4-10-08 2 36-23
2008-09 8-28-08 App. D
2008-15 10-23-08 2 Rpld 14-37-14-52
3 Rpld 14-79-14-83
Added 14-79-14-83
2008-16 10-23-08 2 14-30
2008-17 11-13-08 2 2-4
2008-18 11-13-08 2-5 2-159-2-162
[The next page is 2933]
Supp. No. 39 2891
CODE INDEX
Section Section
A ALARMS (Cont'd.)
Definitions ............................. 19-207
ABANDONMENT Exemptions ............................ 19-218
Boats False alarms
Boat launching area; abandoned boats Excessive false alarms declared public
and equipment .................. 5-36, 5-37 nuisance ........................ 19-212
Generally ............................ 5-8 Service charge; collection ............. 19-213
Discarded materials, (vehicles, boats, etc.) Fire division equipment; fire alarm system 12-53
Abatement of public nuisances on pri- Identification required .................. 19-215
vate property ................... 14-79 et seq. System standards ....................... 19-219
See: NUISANCES Telephone trunk lines
Dogs, other animals ..................... 4-10 Interference with public safety depart-
ACTS BY AGENTS ment telephone trunk lines prohib-
Definitions and rules of construction ..... 1-2 ited ............................ 19-215
Violation and penalty ................... 19-214
ADMINISTRATIVE CODE
Audit committee ........................ 2-56 et seq. ALCOHOLIC BEVERAGES
See: AUDITS Consumption on playgrounds and public
Bonds required of certain officers ........ 2-42 parks ............................. 3-3
Definition .............................. 2-39 Nudity, partial nudity, sexual conduct; pro-
Departmental organization .............. 2-40 hibited at alcoholic beverage estab-
Oaths of office lishments ......................... 3-4
Chief administrator and officers, form of Sales restricted; hours of sale ............ 3-2
oath ............................ 2-41(b) State law definitions adopted ............ 3-1
Members of department of public safety, Zoning
form of oath ..................... 2-41(c) Location of business for retail sales of
Persons required to take oath of office . 2-41(a) alcoholic beverages .............. 45-20(2),
Policy and procedures 45-36.N
Department heads .................... 2-43(b) C-3 Regional Business District...... 45-34.1(9)
Departments ......................... 2-43(c) AMBULANCES
Officers .............................. 2-43(a) Definition .............................. 17-50
ADULT ENTERTAINMENT ESTABLISH- Unlawful operation ..................... 17-51
MENTS
Zoning regulations re. See: ZONING (Ap- AMUSEMENTS AND AMUSEMENT PLACES
pendlx C) Coin-operated amusements; proximity to
.
schools restricted .................. 19-4
ADVERTISING
Handbills; distribution restricted......... 19-7 AND, OR
Noise control policy re loudspeakers and Definitions and rules of construction ..... 1-2
devices for advertising ............. 19-105 ANIMALS AND FOWL
Signs and outdoor displays .............. 6-110 et seq. Abandoning ............................ 4-10
See: SIGNS AND BILLBOARDS Birds
AFFIDAVITS Molesting songbirds .................. 4-9
Home occupations; local business tax Village designated bird sanctuary; hunt-
Affidavit of applicant required......... 17-3(e) ing prohibited ................... 4-2
Cats. See herein: Dogs and Cats
AFFIRMATION. See: OATH, AFFIRMATION, Code enforcement board, applicability re.. 2-173
SWEAR OR SWORN Contagious diseases, animals with ....... 4-11
Cruelty to animals ...................... 4-7
AGREEMENTS. See: CONTRACTS AND Definitions ............................. 4-1
AGREEMENTS Dogs and cats
ALARMS Collar and tag
Alarm business central office required .... 19-215 Required .......................... 4-25
Alarm permit required .................. 19-208 Unauthorized removal ............. 4-26
Application for ....................... 19-209 Impoundment
Issuance ............................. 19-211 Disposition upon owner's failure to
Terms; fees; nontransferable .......... 19-210 redeem ....................... 4-30(d)
Audible alarms ......................... 19-216 Notice............................. 4-30(b)
Code enforcement board, enforcement Redemption by owner .............. 4-30(c)
through ........................... 19-217 Required.......................... 4-30(a)
Supp. No. 39 2935
NORTH PALM BEACH CODE
Section Section
ANIMALS AND FOWL (Cont'd.) APPEARANCE PLAN (Appendix A) (Cont'd.)
Inoculation .......................... 4-24 Maintenance for good appearance
Prohibited in certain areas; exceptions . 4-27 Buildings and appurtenances.......... VII(B)
Rabies control. See herein that subject Public property ....................... VII(C)
Registration ......................... 4-24 Site ................................. VII(A)
Running at large Participation and incentives ............. VI
Cats .............................. 4-28(c) Statement of policy ..................... II
Dogs on property of others.......... 4-28(b)
Dogs on streets and sidewalks ...... 4-28(a) ARCHAEOLOGICAL SITE PROTECTION
Vicious, biting and attacking dogs ..... 4-29 Appeals ................................ 21-107
Waste removal Applicability ............................ 21-102
Persons walking dogs responsible for Archaeological review, development sub-
removal of waste .............. 4-31 ject to............................. 21-104
Waste-removal implements, persons Certificate to dig ........................ 21-105
walking dog to carry .......... 4-32 Cost ................................... 21-106
Enforcement Definitions ............................. 21-103
General enforcement ................. 4-5 Hearing................................ 21-108
Hindering enforcement ............... 4-4 Intent.................................. 21-101
Fight, causing animals to ................ 4-8 Purpose ................................ 21-101
Keeping certain animals prohibited; excep- Violations and penalties ................. 21-108
tion ............................... 4-6
Killing ................................. 4-3 ASSEMBLIES
Molesting songbirds or domestic pets ..... 4-9 Meetings of boards and commissions; ad-
Noise control policy re animal noises ..... 19-107 journment of ...................... 2-3
Nuisances, animals creating ............. 4-12 Meetings of specific boards, etc. See spe-
Poisoning .............................. 4-3 cific subjects
Rabies control Park and recreation area; meetings and
Death or destruction, reporting........ 4-46 gatherings ......................... 20-22 et seq.
Muzzles; when required ............... 4-45 See: PARKS, PLAYGROUNDS AND
Rabid animals RECREATION
Confinement ...................... 4-43
Duty to report; impounding......... 4-44 ATLANTIC OCEAN
Nuisance, declared ................. 4-42 Regulations governing construction of docks,
piers in Lake Worth and Atlantic
ANNEXATION Ocean ............................. 5-85
Planning and development; filing fees and
cost for voluntary annexation of land 21-2 AUDITS
Audit committee
ANTENNAE Access to records ..................... 2-56
Zoning regulations ...................... 45-21 Administrative services ............... 2-57
APPEARANCE PLAN (Appendix A) Composition; terms; vacancies ......... 2-52
(Note-Section citations contained herein Created .............................. 2-51
refer to section citations found within Duties ............................... 2-54
Appendix A) Organization ......................... 2-53
Administration ......................... V Removal............................. 2-55
Areas of jurisdiction ..................... III
Basis .................................. I g
Criteria for appearance
Building and site to adjoining area, re- BATHING
lationship of .................... IV(B) Diseased persons prohibited from bathing
Building design ...................... IV(D) in public pools, etc................. 19-3
Buildings to site, relationship of ....... IV(A)
Evaluation, factors for ................
IV(H) BICYCLES
Landscape and site treatment ......... IV(C) Park regulations ........................ 20-6
Maintenance-planning and design fac- Subdivisions, required improvements re
tors ............................ IV(G) bikeways.......................... 36-29.1
Miscellaneous structures and street hard- BILLBOARDS. See: SIGNS AND BILL-
ware ........................... IV(F) BOARDS
Signs ................................ IV(E)
Definitions ............................. VIII BIRDS. See: ANIMALS AND FOWL
Supp. No. 39 2936
CODE INDEX
Section Section
BLOCKS BOATS, DOCKS AND WATERWAYS (Cont'd.)
Subdivision design standards ............ 36-18 Drainage canals ................... 5-59
General requirements .............. 5-57
BOARDS, COMMITTEES AND COMMIS- Navigation canals .................. 5-58
SIONS. See: DEPARTMENTS AND Surety bond prerequisite to issuance
OTHER AGENCIES OF VILLAGE of building permit in certain
BOATS, DOCKS AND WATERWAYS cases ......................... 5-61
Abandoned boats ....................... 5-8 Docks and piers
Abatement of public nuisances on pri- Construction in waters other than
vate ro ert
p p y ................... 14-79 et se .
q Lake Worth and Atlantic Ocean,
Anchoring and mooring regulations governing ......... 5-84
Limitation on anchoring and mooring in Definitions ........................ 5-81
prohibited area; mooring permit Generally ......................... 5-82
required ........................ 5-18 Lake Worth and Atlantic Ocean, reg-
Mooring limitations in lagoons (private ulations governing construction
docks) .......................... 5-16 in............................ 5-85
Unlawfully anchored or moored vessels Minimum design requirements...... 5-83
Claiming of vessel by owner; payment Variances ......................... 5-86
of costs ....................... 5-23 Erosion control structures
Department of public safety to im- Construction ...................... 5-95
pound ........................ 5-19 Control ........................... 5-96
Owner to be notified upon impound- Definitions ........................ 5-93
ment ......................... 5-20 Permitted, when ................... 5-94
Procedure in event owner cannot be Piers. See within this subheading: Docks
found ........................ 5-21 and Piers
Reclamation of owner after sale ..... 5-24 Seawalls. See within this subheading:
Unclaimed vessel to be sold; certifies- Bulkheads and Seawalls
tion of sale ................... 5-22 Definitions ............................. 5-1
Use of vessel for dwelling purposes in Disturbing other boats .................. 5-6
prohibited area .................. 5.25 Exhibition boats exempted from certain
Authority of city to board boats violating restrictions ........................ 5-4
provisions ......................... 5.17 Flood damage prevention provisions...... 12.5-1 et seq.
Boat launching area See: FLOOD DAMAGE PREVENTION
Abandoned boats and equipment Fueling of marine craft .................. 5-26
Disposition ........................ 5-36 Health and sanitation requirements
Recovery .......................... 5-37 Cleanliness of docks.................. 5-11
Designated; use restricted ............. 5-33 Observance of village health and con-
Permits required duct rules ....................... 5-10
Boats remaining for more that 24 Pollution of waterways ................ 5-13
hours ........................ 5-35 Refuse disposal....................... 5-12
Repairs prohibited .................... 5-34 Living aboard boats restricted ........... 5-15
Vehicle/trailer parking in designated ar- Marine sanctuaries
eas ............................. 5-35 Designation of waters as marine sanctu-
Violation; penalty .................... 5-38 cries
Bulkhead lines ......................... 7-1 et seq. Area to be regulated ............... 5-101(c)
See: BULKHEAD LINES Areas designated .................. 5-101(b)
Coastal construction code ................ 6-151 et seq. Construction of provision ........... 5-101(4)
See: COASTAL CONSTRUCTION CODE Definition ......................... 5-101(x)
Code enforcement board, applicability re.. 2-173 Mooring, docking, or beaching of boats on
Construction requirements public or private property without
Bulkheads and seawalls permission ........................ 5-9
Compliance with provisions required 5-69 Parking
Inspection required ................ 5-73 Boating equipment; parking on residen-
Permit fee ......................... 5-72 tial property restricted........... 18-35
Specifications ...................... 5-71 Prohibited parking upon right-of way of
Submission of plans and specifics- specific roadways ................ 18-34.1
bons ......................... 5-70 Running engines, hours in residential dis-
Canals tricts .............................. 5-14
Canal crossings .................... 5-60 Searchlights, use of ..................... 5-7
Compliance with provisions required 5-56 Speed limits; wakes ..................... 5-2
Supp. No. 39 2937
NORTH PALM BEACH CODE
Section Section
BOATS, DOCKS AND WATERWAYS (Cont'd.) BUILDINGS (Cont'd.)
Subdivision provisions re waterways ..... 36-22 et seq. Codes adopted ....................... 6-17
See: SUBDIVISIONS (Appendix B) Violations and penalty ................ 6-19
Swimming in restricted waters .......... 5-3 Missiles, throwing ...................... 19-83
Water skiing ............................ 5-5 Noise from building ..................... 19-102
Waterways board ....................... 5-102 et seq. Obstructing passageway................. 19-47
BOISTEROUS CONDUCT Outdoor displays. See herein: Signs and
Noisy and boisterous .................... 19-106 Outdoor Displays
Park and recreation facilities; erecting build-
BONDS ings or structures .................. 20-3
Administrative code; bonds required of ter- Public land, construction on prohibited ... 6-1
taro officers ....................... 2-42 Signs and outdoors displays ............. 6-110 et seq.
Canal construction; surety bond prerequi- See: SIGNS AND BILLBOARDS
site to issuance of building permit... 5-61 Smoke, dust, odors, liquids, etc........... 19-9
Finance director, duties re ............... 2-59(7) Spitting in public places prohibited....... 19-5
Village manager ........................ 2-117 Stormwater management; level of finished
BRUSH. See: WEEDS AND BRUSH floor of structures .................. 21-63
Subdivision regulations ................. 36-1 et seq.
BUILDINGS See: SUBDIVISIONS (Appendix B)
Appearance code Swimming pools ........................ 25-1 et seq.
Appeals and review ................... 6-35 See: SWIMMING POOLS
Appearance plan ..................... 6-33 Zoning regulations ...................... 45-1 et seq.
Certificate of appropriateness See: ZONING (Appendix C)
Final hearings ..................... 6-57
Follow-up by building inspector ..... 6-60 BULKHEAD LINES
Planning commission Code enforcement board, applicability re.. 2-173
Action of ........................ 6-58 Established; designated ................. 7-1
Approval by ..................... 6-59 Filling operation beyond bulkhead line pro-
Preliminary consideration .......... 6-56 hibited ............................ 7-2
Definition ............................ 6-31 Filling permit
Intent and purposes .................. 6-32 Application fees ...................... 7-19
Planning commission, powers and du- Application; issuance ................. 7-18
ties re .......................... 6-36 Expiration date; renewal; revocation ... 7-20
Short title ........................... 6-30 Public hearing prerequisite to consider-
Appearance plan (Appendix A). See that anon ........................... 7-17
subject Required ............................. 7-16
Coastal construction code ................ 6-151 et seq. Unlawful fill; removal................... 7-3
See: COASTAL CONSTRUCTION CODE
Code enforcement board, applicability re.. 2-173 BULKHEADS
Codes Bulkheads and seawalls, construction re-
Appearance code. See herein that sub- quirements re ..................... 5-69 et seq.
ject See: BOATS, DOCKS AND WATER-
Building code ........................ 6-17 WAYS
Coastal construction code ............. 6-151 et seq.
Electrical code ....................... 11-11, 11-12 BUSINESS REGULATIONS
Energy efficiency building code ........ 6-150 Ambulances ............................ 17-50, 17-51
Fire prevention code .................. 12-16 et seq. Businesses located outside village limits
Housing code ......................... 15-1, 15-2 Application for certificate of regulation. 17-34.2
Country club ........................... 9-1 et seq. Certificate of business regulation re-
See: COUNTRY CLUB quired; basis of one year ......... 17-34
Electrical code .......................... 11-11, 11-12 Commercial vehicles, marking of ...... 17-34.13
Energy efficiency building code Compliance by principal deemed compli-
Adopted by reference ................. 6-150 ante by agent ................... 17-34.8
Flood damage prevention ................ 12.5-1 et seq. Delinquency penalty.................. 17-34.4
See: FLOOD DAMAGE PREVENTION Doing business not covered by certifi-
Housing code ........................... 15-1, 15-2 cate of regulation................ 17.34-7
Landscaping ............................ 27-31 et seq. Duplicate certificates of regulation..... 17-34.6
See: LANDSCAPING Duration ............................. 17-34.3
Minimum construction standards False statements
Authority ............................ 6-16 Certificate obtained void ab initio ... 17-34.7
Supp. No. 39 2938
CODE INDEX
Section
BUSINESS REGULATIONS (Cont'd.)
Engaging in business without certifi-
cate of regulation or under cer-
tificate issued on .............. 17-34.11
Section
Supp. No. 39 2938.1
CODE INDEX
FIRE PREVENTION AND PROTECTION
(Cont'd.)
Emergency medical technician volun-
teers ...........................
Equipment
Acquisition ....................... .
Fire alarm system .................
Generally .........................
Housing ...........................
Private use of equipment .......... .
Tampering with equipment ........ .
Impersonating fireman .............. .
Motor equipment and members' cars des-
ignated emergency vehicles ..... .
Personnel
Badges ............................
Car insignia .......................
Other officers accountable to chief.. .
Police assistance .................. .
Special police powers .............. .
Volunteer firefighters, length of service
award plan for ................. .
See: PENSIONS AND RETIREMENT
Florida fire prevention code
Adopted by reference ................ .
Fire inspection fee schedule .......... .
Hazardous substances, cost recovery for
cleanup, abatement and removal of
Authority of public safety department. .
Cost reimbursement to village........ .
Definitions .......................... .
Exceptions for fire suppression services
Late fee for failure to reimbursement . .
Records ..............................
Remedies ............................
Pension and certain other benefits for fire
and police employees .............. .
See: PENSIONS AND RETIREMENT
FIREARMS AND WEAPONS
Concealed weapons, carrying ........... .
Forfeiture; disposition .................. .
Possession ..............................
Sales restricted
Record of sales required ............. .
Specified weapons, display and sale of .
Switchblade knives prohibited ........ .
Stench bombs prohibited ............... .
See: STENCH BOMBS
FLOOD DAMAGE PREVENTION
Abrogation and greater restrictions ..... .
Areas of special flood hazard
Basis for establishment .............. .
Warnings regarding designations ..... .
Building official
Designated as flood damage control ad-
ministrator .....................
Duties and responsibilities ........... .
Definitions ............................ .
Section
12-32
12-52
12-53
12-51
12-54
12-55
12-56
19-8
12-31
12-41
12-42
12-39
12-43
12-40
2-170 et seq.
12-16
12-17
12-102
12-103
12-101
12-105
12-106
12-104
12-107
2-159 et seq.
19-184
19-186
19-183
19-185(c)
19-185(b)
19-185(a)
19-82
12.5-8
12.5-7
12.5-10
Section
FLOOD DAMAGE PREVENTION (Cont'd.)
Development permit
Required ............................. 12.5-22
Findings of fact ......................... 12.5-2
Flood hazard reduction provisions
Coastal high hazard areas ............ 12.5-44
General standards
Anchoring ......................... 12.5-41(1)
Construction materials and methods 12.5-41(2)
Enclosures below lowest floor ....... 12.5-41(6)
Mechanical and utility equipment ... 12.5-41(5)
Subdivision proposals .............. 12.5-41(4)
Utilities ........................... 12.5-41(3)
Regulatory floodways ................. 12.5-43
Sand dunes and mangrove stands ..... 12.5-45
Specific standards
Nonresidential construction......... 12.5-42(2)
Residential construction............ 12.5-42(1)
Interpretation .......................... 12.5-9
Lands to which provisions applies ........ 12.5-6
Methods of reducing flood losses ......... 12.5-4
Noncompliance, penalties for ............ 12.5-11
Statement of purpose and objectives...... 12.5-3
Statutory authorization ................. 12.5-1
Variance procedure ..................... 12.5-24
FLORIDA, STATE OF. See: STATE
FOLLOWING, PRECEDING
Definitions and rules of construction ..... 1-2
FOOD AND FOOD PREPARATION
Barbecue grills and similar cooking devices 19-10
FORFEITURES. See: FINES, FORFEITURES
AND OTHER PENALTIES
FOWL. See: ANIMALS AND FOWL
FRANCHISES
Enumerated. See Appendix D
Use of rights-of way for utilities.......... 28-1 et seq.
See: UTILITIES
G
GAMBLING
Animals, causing to fight ................ 4-8
GARAGE AND OTHER SALES
Garage sales ...........................
Permit required ....................... .
Violations and penalties ................ .
GARBAGE AND TRASH
Abatement of public nuisances on private
12.5-21 property ...........................
12.5-23 See: NUISANCES
12.5-5 Boats; refuse disposal .................. .
17-61
17-62
17-63
14-79 et seq.
5-12
Supp. No. 39 2943
NORTH PALM BEACH CODE
Section
GARBAGE AND TRASH (Cont'd.)
Garbage collection and disposal
Charges
Commercial use property waste dis-
posal fees and collection proce-
dures ........................ 14-30
Fee for excess amounts from commer-
cial establishments ........... 14-28
Generally ......................... 14-27
When and where paid .............. 14-29
Definition ............................ 14-23
Frequency of collection ................ 14-26
Garbage cans
Kept covered ...................... 14-25
Required .......................... 14-24
Landscaping; refuse container areas...... 27-41
Public works department
Refuse disposal division ............... 2-85(2)
GATHERINGS. See: ASSEMBLIES
GENDER
Definitions and rules of construction ..... 1-2
GOLF ADVISORY BOARD
Composition and terms .................. 9-17
Composition ......................... 9-17(a)
Officers .............................. 9-17(c)
Terms ............................... 9-17(b)
Creation ............................... 9-16
Duties ................................. 9-19
Meetings ............................... 9-18
GUNS. See: FIREARMS AND WEAPONS
H
HANDBILLS
Distribution restricted .................. 19-7
HANDGUNS. See: FIREARMS AND WEAP-
ONS
HANDICAPPED PERSONS. See: DISABLED
AND HANDICAPPED PERSONS
HAZARDOUS SUBSTANCES
Recovery of costs for cleanup, abatement
and removal ....................... 12-101 et seq.
See: FIRE PREVENTION AND PRO-
TECTION
HEALTH AND SANITATION
Abatement of public nuisances on private
property ........................... 14-79 et seq.
See: NUISANCES
Animals and fowl, provisions re .......... 4-11 et seq.
See: ANIMALS AND FOWL
Bathing regulations
Diseased persons prohibited from bath-
ing in public pool, etc............ 19-3
Section
HEALTH AND SANITATION (Cont'd.)
Boats, docks, etc., provisions re .......... 5-10 et seq.
See: BOATS, DOCKS AND WATER-
WAYS
Code enforcement board, applicability re.. 2-173
Garbage and trash ...................... 14-23 et seq.
See: GARBAGE AND TRASH
Park and recreation facilities; failure to
cooperate in keeping restrooms neat
or sanitary ........................ 20-2
Rabies control .......................... 4-42 et seq.
See: ANIMALS AND FOWL
HEDGES. See: FENCES, WALLS, HEDGES
AND ENCLOSURES
HITCHHIKING
Prohibitions ............................ 19-6
HOME OCCUPATIONS
Customer service requirements and perfor-
mance standards ................... 17-2
Definitions ............................. 17-3(b)
Effective date ........................... 17-3(i)
Local business tax. See also that subject
Generally ............................ 17-16 et seq.
Home occupation provisions
Affidavit of applicant required ...... 17-3(e)
Appeals ........................... 17-3(g)
Requirement of business tax receipt . 17-3(c)
Permitted uses, home occupations as ..... 17-3(a)
Repeal of ordinances .................... 17-3(h)
Standards .............................. 17-3(d)
Violation of standards or conditions deemed
a Code violation ................... 17-3(f~
HORNS
Noise control ........................... 19-103
HOUSING
Boats, docks and waterways; anchoring
and mooring
Use of vessel for dwelling purposes in
prohibited area .................. 5-25
HOUSING CODE
Adopted by reference .................... 15-1
Amendments ........................... 15-2
Code enforcement board, applicability re.. 2-173
I
IMPERSONATION
Impersonating police officer; fireman or
other village official ................ 19-8
IMPOUNDMENT
Boats, docks and waterways; unlawfully
anchored or moored vessels
Department of public safety to im-
pound ........................ 5-19
Owner to be notified upon impound-
ment ......................... 5-20, 5-21
Supp. No. 39 2944
CODE INDEX
Section Section
IMPOUNDMENT (Cont'd.) LANDSCAPING (Cont'd.)
Dogs and cats .......................... 4-30 Plant material
Ground covers ..................... 27-62(e)
INDECENCY AND OBSCENITY Lawn grass ........................ 27-62(f7
Adult entertainment establishments Quality ........................... 27-62(a)
Zoning regulations re. See: ZONING (Ap- Shrubs and hedges ................. 27-62(c)
pendix C) Tree species ....................... 27-62(b)
Alcoholic beverage establishments; nudity, Vines ............................. 27-62(d)
partial nudity, sexual conduct prohib- Required landscaping adjacent to public
ited ............................... 3-4 rights-of way.................... 27-63
Topless costumes ....................... 19-64 Scope, applicability ................... 27-59
Vulgar language ........................ 19-65 Sight distance adjacent to public rights-
Window peeping ........................ 19-66 of way and points of access....... 27-66
INSURANCE EXCISE TAXES Certificate of completion ................. 27-35
Casualty insurance premiums ........... 26-16 Code enforcement board, applicability re.. 2-173
Property insurance premiums............ 26-17 Completed landscaping required for certif
icate of use and occupancy.......... 27-37
INTRACOASTAL WATERWAY Definitions ............................. 27-31
Marine sanctuary, designation as ........ 5-101 Improved nonresidential properties in ex-
istence on September 23, 1971
INVESTMENTS Applicable requirements .............. 27-40(b)
Investment policy of the village .......... 2-4 Exceptions ........................... 27-40(c)
Objectives ........................... 27-40(a)
J Planning commission, submission of plans
to .............................. 27-40(d)
JOINT AUTHORITY Objectives .............................. 27-32
Definitions and rules of construction ..... 1-2 Off street parking landscape manual ..... 27-38
Plot use plan approval prerequisite to issu-
K ante of permits for building and pav-
ing ................................ 27-37
KNIVES. See: FIREARMS AND WEAPONS Refuse container areas .................. 27-41
Scope; applicability ..................... 27-34
L Zoning ordinance, conflict with........... 27-39
LAKE WORTH LIBRARY
Marine sanctuary, designation as ........ 5-101 Damaging property unlawful ............ 16-1
Regulations governing construction of docks, Department of library
piers in Lake Worth and Atlantic Librarian ............................ 2-93
Ocean ............................. 5-85 Library board
Appointment ......................... 16-17
LAND Compensation, service without ........ 16-20
Buildings; construction on public land pro- Composition ......................... 16-17
hibited ............................ 6-1 Established.......................... 16-16
Planning and development .............. 21-01 et seq. Meetings ............................ 16-23
See: PLANNINGAND DEVELOPMENT Organization ......................... 16-21
Subdivision regulations ................. 36-1 et seq. Powers and duties.................... 16-22
See: SUBDIVISIONS (Appendix B) Qualifications ........................ 16-19
Removal from office .................. 16-24
LANDSCAPING Term of office ........................ 16-17
Accessways ............................. 27-36 Vacancies............................ 16-18
Appearance plan (Appendix A). See that
subject LICENSES AND PERMITS
Application of provisions; enforcement.... 27-33 Alarm permit ........................... 19-208 et seq.
Certain yard areas, off street parking and See: ALARMS
other vehicular use areas Boat launching area permits ............. 5-34
Existing plant material ............... 27-67 Boats, docks and waterways
Installation .......................... 27-60 Limitation on anchoring and mooring in
Maintenance ......................... 27-61 prohibited area; mooring permit
Parking area interior landscaping ..... 27-65 required ........................ 5-18
Perimeter landscaping relating to abut- Bulkhead lines; filling permit ............ 7-16 et seq.
Ling properties .................. 27-64 See: BULKHEAD LINES
Supp. No. 39 2945
NORTH PALM BEACH CODE
Section
LICENSES AND PERMITS (Cont'd.)
Bulkheads and seawalls ................. 5-72
Code enforcement board, applicability re.. 2-173
Community development department
Permits and inspections .............. 2-112(1)
Driveways. See herein: Sidewalk and Drive-
way Permits
Emergency medical services ............. 11.5-21
Flood damage prevention development per-
mit ............................... 12.5-22
Garage, related sales .................... 17-62
Home occupations. See also that subject
Generally ............................ 17-16 et seq.
Business tax receipt for home occupa-
tions ......................... 17-3(c) et seq.
Noise control; special permits excepted ... 19-119
Park and recreation facilities; meeting and
gathering permits .................. 20-31 et seq.
See: PARKS, PLAYGROUNDS AND
RECREATION
Seawalls. See herein: Bulkheads and Sea-
walls
Sidewalk and driveway permits .......... 24-55 et seq.
See: STREETS, SIDEWALKS AND PUB-
LIC PLACES
Street excavation permits ............... 24-28, 24-29
Swimming pool permits ................. 25-3
Utilities
Use ofrights-of way for utilities; written
permit .......................... 28-2, 28-3
LOCAL BUSINESS TAX
Regulations enumerated ................. 17-16 et seq.
See: BUSINESS REGULATIONS
LODGING
Unauthorized lodging and camping....... 19-11
LOGO
Village logo ............................. 1-10
LOTS
Subdivision design standards ............ 36-18
Zoning regulations ...................... 45-1 et seq.
See: ZONING (Appendix C)
LOUDSPEAKERS
Noise control policy re loudspeakers and
devices for advertising ............. 19-105
M
MANAGER. See: VILLAGE MANAGER
MANGROVE STANDS
Flood damage prevention provisions ...... 12.5-45
MAPS. See: SURVEYS, MAPS AND PLATS
MARINE SANCTUARIES
Designated ............................. 5-101
MAY, SHALL
Definitions and rules of construction ..... 1-2
Section
MAYOR
Civil disorders and disturbances
Mayor designated local authority for pres-
ervation of public peace .......... 8-21
Village council; presiding officer at meet-
ings ............................... 2-18
MEASURES. See: WEIGHTS AND MEA-
SURES
MEDICAL SERVICES
Emergency medical services ............. 11.5-21 et seq.
See: EMERGENCIES
MEETINGS. See: ASSEMBLIES
MISSILES, STONES, ETC.
Throwing missiles ...................... 19-83
MONTH
Definitions and rules of construction ..... 1-2
MONUMENTS
Subdivisions, required improvements re .. 36-27
MOTOR VEHICLES AND TRAFFIC
Ambulances ............................ 17-50, 17-51
Businesses located outside village limits;
marking of commercial vehicles ..... 17-34.13
Combat Auto Theft (CAT) ............... 18-19
Discarded vehicles, etc.)
Abatement of public nuisances on pri-
vate property ................... 14-79 et seq.
See: NUISANCES
Fire division, provisions re cars and desig-
nated emergency vehicles........... 12-31 et seq.
See: FIRE PREVENTION AND PRO-
TECTION
Hitchhiking prohibited .................. 19-6
Local business tax; marking of commercial
vehicles ........................... 17-33.1
Motorized scooters ...................... 18-20
Noise control policy, provisions re ........ 19-103 et seq.
See: NOISE
Park regulations re traffic ............... 20-5
Parking. See herein: Stopping, Standing
and Parking
Public safety department
Police division, provisions re traffic .... 2-76(b)(5)
Stopping, standing and parking
Parking restricted .................... 18-34
Recreational, boating and camping equip-
ment,and personal recreational use
trailers; parking on residential prop-
erty restricted ................... 18-35
Signs, parking in violation of .......... 18-36
Vehicle, trailer or boat parking prohib-
itedupon paved or unpaved area of
the road right-of way of specific
roadways ....................... 18-34.1
Violations; fines
Handicap spaces ................... 18-37
Non-handicap spaces ............... 18-38
Supp. No. 39 2946
CODE INDEX
Section Section
MOTOR VEHICLES AND TRAFFIC (Cont'd.) NUISANCES (Cont'd.)
Vehicular operation False alarms
Speed limits Excessive false alarms declared public
Generally ......................... 18-16 nuisance........................ 19-212
Weight limitations on certain roads .... 18-18 Rabid animals declared nuisance......... 4-42
MUSICAL INSTRUMENTS NUMBER
Noise control ........................... 19-104 Definitions and rules of construction ..... 1-2
N ~
NOISE OATH, AFFIRMATION, SWEAR OR SWORN
Animal noises .......................... 19-107 Administrative code, provisions re oaths of
Buildings, premises or property office .............................. 2-41
Noise from ........................... 19-102 Definitions and rules of construction ..... 1-2
Code enforcement board, applicability re.. 2-173 General employees retirement board; oaths
Conduct, noisy and boisterous ........... 19-106 of office ........................... 2-154
Construction activity, permissible time for 19-111 Reserve police force; oath required ....... 23-47
Definitions ............................. 19-99 OBSCENITY. See: INDECENCY AND OB-
Electronic audio equipment .............. 19-104 SCENITY
Enforcement
Authority ............................ 19-116 OBSTRUCTIONS
Procedure Passageways, obstructing ................ 19-47
All other noises .................... 19-117(b) OFFENSES
Motor vehicle noise enforcement, op- Definitions ............................. 19-1
erating ....................... 19-117(a) Enumerated............................ 19-3 et seq.
Engine exhaust ......................... 19-108 See also specific offenses as indexed
Exemptions ............................ 19-120 State misdemeanors adopted ............ 19-2
Fixed mechanical equipment ............. 19-112
Horns and signal devices ................ 19-103 OFFICERS AND EMPLOYEES
Loading, unloading and unpacking ....... 19-110 Administrative code ..................... 2-39 et seq.
Loudspeakers and devices for advertising. 19-105 See: ADMINISTRATIVE CODE
Measurement procedure ................. 19-113 Definitions and rules of construction ..... 1-2
Musical instruments .................... 19-104 Elections ............................... 10-1 et seq.
Noise control measurement standards other See: ELECTIONS
than motor vehicle noise standards.. 19-118 Finance director ........................ 2-59
Noise control policy ..................... 19-100 Golf advisory board ..................... 9-16 et seq.
Periods of observation ................... 19-114 See: GOLF ADVISORY BOARD
Radios ................................. 19-104 Impersonating village official ............ 19-8
Special permits excepted ................ 19-119 Librarian............................... 2-93
Unnecessary, excessive or offensive noise Mayor ................................. 2-18, 8-16
Pensions and retirement. See also that
Unlawful to make .................... 19-101 subject
Vehicle defect or condition of load ........ 19-109 Length of service award plan for volun-
Voluntary compliance ................... 19-115 teer firefighters ................. 2-170 et seq.
NUDITY Pension and certain other benefits for
Topless costumes prohibited ............. 19-64 fire and police employees ........ 2-159 et seq.
Pension and certain other benefits for
NUISANCES general employees ............... 2-146 et seq.
Abatement of public nuisances on private Social security ....................... 2-136 et seq.
property Public safety director .................... 2-75
Abatement of public nuisance ......... 14-82 Public works director .................... 2-84
Assessment of costs and imposition of Recreation director ...................... 2-110
lien ............................ 14-83 Social security.......................... 2-136 et seq.
Definitions ........................... 14-79 See: SOCIAL SECURITY
Notice of public nuisance; right to re- Village clerk and deputy village clerk..... 2-67 et seq.
quest hearing ................... 14-81 See: DOCUMENTS AND PUBLIC
Uses or activities constituting a public RECORDS
nuisance ........................ 14-80 Village manager ........................ 2-115 et seq.
Animals creating nuisances .............. 4-12 See: VILLAGE MANAGER
Supp. No. 39 2947
OFFICIAL TIME
Definitions and rules of construction .... .
OPEN SPACES. See: YARDS AND OPEN
SPACES
OR, AND
Definitions and rules of construction .... .
ORDINANCES. See: CODE OF ORDI-
NANCES
OWNER
Definitions and rules of construction .... .
P
PALM BEACH COUNTY. See: COUNTY
PARKING
Boat launching area
Vehicle/trailer parking in designated ar-
eas .............................
Landscaping, provisions re off street park-
ing ................................
See: LANDSCAPING
Parks; designated parking areas ........ .
Stopping, standing and parking ......... .
See: MOTOR VEHICLES AND TRAF-
FIC
Zoning, provisions re off street parking .. .
See: ZONING (Appendix C)
PARKS, PLAYGROUNDS AND RECREATION
Alcoholic beverages
Consumption on playgrounds and public
parks ...........................
Bicycles
Operation in safe manner, etc......... .
Operation prohibited in certain areas . .
Boat launching areas
Vehicle/trailer parking in designated ar-
eas .............................
Buildings or structure, erecting ......... .
Department of recreation
Director's duties
Conduct community activity ....... .
Supervise recreation areas......... .
Ejectment of violators .................. .
Enforcement of provisions, responsibility .
Golf advisory board .................... .
See: GOLF ADVISORY BOARD
Hours regulated ........................
Meetings and gatherings
Liability for loss or injury ............ .
Permit
Appeal from refusal to issue ....... .
Application ....................... .
Form .............................
Issuance standards ................
Required ..........................
Revocation ........................
NORTH PALM BEACH CODE
Section
1-2
1-2
1-2
5-35
27-38, 27-59
et seq.
20-5(6)
18-34 et seq.
45-27 et seq.
3-3
20-6(2)
20-6(1)
5-35
20-3
2-110(2)
2-110(1)
20-8
20-7
9-16 et seq.
20-1
20-23
20-35
20-33
20-32
20-34
20-31
20-36
PARKS, PLAYGROUNDS AND RECREATION
(Cont'd.)
Rules and regulations, permittee bound
by ..............................
Property used to violate provisions, confis-
cation of ..........................
Recreation advisory board
Created ..............................
Duties ...............................
Meetings ............................
Officers' quorum, compensation....... .
Removal .............................
Terms ...............................
Vacancies ............................
Restrooms, failure to cooperate in keeping
neat or sanitary ...................
Traffic
Enforcement of traffic regulations .... .
Operation confined to roads .......... .
Parking areas designated ............ .
Signs ................................
Speed of vehicles .................... .
State motor vehicle laws ............. .
Trees
Climbing trees, etc ................... .
Use by public only ..................... .
PENALTIES. See: FINES, FORFEITURES
AND OTHER PENALTIES
PENSIONS AND RETIREMENT
ICMA defined contribution pension plan
Administrative services agreement and
adoption agreements ........... .
Creation .............................
Effective date ....................... .
Vesting period ........................
Length of service award plan for volunteer
firefighters
Benefit formula ..................... .
Contact person .......................
Effective date ....................... .
Eligibility ............................
Entitlement age ..................... .
Plan, name of ....................... .
Point system .........................
Preretirement death benefit .......... .
Purpose .............................
Section
20-22
20-9
20-61
20-66
20-65
20-64
20-63
20-62(b)
20-62(c)
20-2
20-5(2)
20-5(5)
20-5(6)
20-5(3)
20-5(4)
20-5(1)
20-4
20-1
2-170.14
2-170.12
2-170.15
2-170.13
2-170.6
2-170.10
2-170.3
2-170.4
2-170.5
2-170.2
2-170.11
2-170.7
2-170
Supp. No. 39 2948
CODE INDEX
Section
PROPERTY
Abatement of public nuisances on private
property ........................... 14-79 et seq.
See: NUISANCES
Appearance plan (Appendix A). See that
subject
Boats, docks and waterways; unlawfully
anchored or moored vessels
Unclaimed vessel to be sold; certifica-
tion of sale ...................... 5-22
Definitions and rules of construction ..... 1-2
Dogs on property of others ............... 4-28(b)
Insurance excise taxes; property insurance
premiums ......................... 26-17
Noise from property ..................... 19-102
Subdivision regulations ................. 36-1 et seq.
See: SUBDIVISIONS (Appendix B)
Unauthorized camping or lodging on public
or private property ................. 19-11
Weeds and brush ....................... 14-79 et seq.
See: WEEDS AND BRUSH
PUBLIC PLACES. See: STREETS, SIDE-
WALKS AND PUBLIC PLACES
PUBLIC RECORDS. See: DOCUMENTS AND
PUBLIC RECORDS
Section
R
RABIES CONTROL
Provisions enumerated .................. 4-42 et seq.
See: ANIMALS AND FOWL
RADIOS
Noise control ........................... 19-104
Police division, provisions re radio mainte-
nance ............................. 2-76(b)(6)
REASONABLE TIME
Definitions and rules of construction ..... 1-2
RECORDS. See: DOCUMENTS AND PUB-
LIC RECORDS
RECREATION. See: PARK, PLAYGROUNDS
AND RECREATION
REFUSE. See: GARBAGE AND TRASH
RESTROOMS
Parks and recreation facilities; failure to
cooperate in keeping restrooms neat
or sanitary ........................ 20-2
RETIREMENT. See: PENSIONS AND RE-
TIREMENT
PUBLIC SAFETY DEPARTMENT
Boats, docks and waterways; unlawfully
anchored or moored vessels
Department of public safety to impound 5-19
Director's duties
Designate instructor .................. 2-75(2)
Make assignments .................... 2-75(1)
Divisions
Fire
Fire fighting ....................... 2-76(c)(3)
Fire prevention .................... 2-76(c)(4)
Maintain equipment ............... 2-76(c)(2)
Report losses ...................... 2-76(c)(1)
Generally ............................ 2-76(a)
Police
Crime prevention .................. 2-76(b)(3), (4)
Investigation ...................... 2-76(b)(3)
Patrol ............................. 2-76(b)(2)
Radio ............................. 2-76(b)(6)
Records ........................... 2-76(b)(1)
Traffic ............................ 2-76(b)(5)
Emergency medical services ............. 11.5-21 et seq.
See: EMERGENCIES
PUBLIC WORKS DEPARTMENT
Director's duties ........................ 2-84
Divisions
Division of facility and fleet mainte-
nance ........................... 2-85(1)
Refuse disposal ....................... 2-85(2)
Street maintenance ................... 2-85(3)
S
SAND DUNES
Flood damage prevention provisions ...... 12.5-45
SANITATION. See: HEALTH AND SANITA-
TION
SCHOOLS
Coin-operated amusements; proximity to
schools restricted .................. 19-4
SEAWALLS
Bulkheads and seawalls, construction re-
quirements re ..................... 5-69 et seq.
See: BOATS, DOCKS AND WATER-
WAYS
SEXUAL OFFENDERS AND SEXUAL PRED-
ATORS
Sexual offender and sexual predator resi-
dence prohibition .................. 19-31
SEXUALLY ORIENTED ENTERTAINMENT
Adult entertainment establishments
Zoning regulations re. See: ZONING (Ap-
pendix C)
SHALL, MAY
Definitions and rules of construction ..... 1-2
SHRUBBERY. See: TREES AND SHRUB-
BERY
SIDEWALKS. See: STREETS, SIDEWALKS
AND PUBLIC PLACES
Supp. No. 39 2951
NORTH PALM BEACH CODE
Section Section
SIGNAL DEVICES STORMWATER MANAGEMENT (Cont'd.)
Noise control ........................... 19-103 Stormwater retention systems ........... 21-69
Streets
SIGNATURE, SUBSCRIPTION Minimum street grades ............... 21-62
Definitions and rules of construction ..... 1-2 Roadside swales ...................... 21-65
SIGNS AND BILLBOARDS Subdivisions, required improvements re .. 36-31
Code enforcement board, applicability re.. 2-173 Water quality ........................... 21-70
Country club; provisions re signs ......... g_2 Zoning; surface water management
Outdoor displays. See herein: Signs and C-3 Regional Business District ........ 45-34.1(8)
Outdoor Displays STREETS, SIDEWALKS AND PUBLIC
Parking in violation of signs ............. 18-36 PLACES
Parks, regulations re traffic signs ........ 20-5(3) Code enforcement board, applicability re.. 2-173
Signs and outdoor displays Definitions and rules of construction ..... 1-2
Construction standards ............... 6-117 Dogs on streets and sidewalks ........... 4-28(a)
Design standards ..................... 6-117 Excavations
Exempt signs ........................ 6-112 Definition............................ 24-16
Location standards ................... 6-117 Equipment to be guarded ............. 24-18
Measurement determinations ......... 6-116 Liability of village .................... 24-20
Permitted permanent accessory signs .. 6-115 Permits
Permitted temporary signs ............ 6-114 Fees .............................. 24-29
Prohibited signs ...................... 6-113 Required.......................... 24-28
Provisions generally .................. 6-111 Protective measures .................. 24-19
Purpose and scope of regulations ...... 6-110 Refilling, tamping by excavator........ 24-17
Severability .......................... 6-118 Resurfacing by village ................ 24-17
Zoning Handbills; distribution restricted......... 19-7
C-3 Regional Business District ........ 45-34.1(7) Hitchhiking prohibited .................. 19-6
SOCIAL SECURITY Landscaping ............................ 27-31 et seq.
Agreement authorized ................... 2-138 See: LANDSCAPING
Appropriations by village ................ 2-140 Missiles, throwing ...................... 19-83
Declaration of policy .................... 2-136 Motor vehicles and traffic ............... 18-16 et seq.
Exclusions from coverage ................ 2-137 See: MOTOR VEHICLES AND TRAF-
Records and reports ..................... 2-141 FIC
Social security act adopted .............. 2-143 Obstructing passageway................. 19-47
Withholding and reporting agent......... 2-142 Profanity; vulgar language prohibited .... 19-65
Withholding from wages ................. 2-139 Public works department
Streets maintenance division .......... 2-85(3)
SPITTING Sidewalks and driveways
Spitting in public places prohibited....... 19-5 Dangerous or abandoned driveways.... 24-46
Performance of work by village upon
SPORTS failure of compliance ............. 24-47
Golf advisory board ..................... 9-16 et seq. Permits
See: GOLF ADVISORY BOARD Driveway construction
STATE Application; information required. 24-58
Definitions and rules of construction ..... 1-2 Prohibited in certain instances ... 24-57
Required ........................ 24-56
STENCH BOMBS Separate permits required for drive-
Excepted uses .......................... 19-82(c) ways and sidewalk construction 24-55
Possession prohibited ................... 19-82(b) Sidewalks
Throwing or depositing .................. 19-82(a) Constructed required in certain cases 24-41
Exceptions to requirements ......... 24-42
STORMWATER MANAGEMENT Specifications
Adoption ............................... 21-61 Driveways......................... 24-43(c)
Applicability ............................ 21-61 Generally ......................... 24-43(a)
Design ................................. 21-61 Sidewalks......................... 24-43(b)
Finished floor of structures, level of ...... 21-63 Village engineer, driveways to be con-
Objectives of system design .............. 21-68 strutted under supervision of..... 24-44
Open channels and outfall ditches........ 21-66 Smoke, dust, odors, liquids, etc........... 19-9
Post development runoff rates, volumes Spitting in public places prohibited....... 19-5
and pollutant loads ................ 21-67
Storm drainage facilities generally ....... 21-64
Supp. No. 39 2952
CODE INDEX
Section
TELEPHONES
Alarms; interference with public safety de-
partment trunk line prohibited ..... 19-215
TELEVISION
Cable television rate regulation .......... 17-1
TENSE
Definitions and rules of construction ..... 1-2
THEFT
Combat Auto Theft (CAT) ............... 18-19
TIME
Definitions and rules of construction ..... 1-2
TRAFFIC. See: MOTOR VEHICLES AND
TRAFFIC
TRAILERS
Personal recreational use trailers; parking
on residential property restricted ... 18-35
TRASH. See: GARBAGE AND TRASH
TREES AND SHRUBBERY
Abatement of public nuisances on private
property ........................... 14-79 et seq.
See: NUISANCES
Code enforcement board, applicability re.. 2-173
Landscaping ............................ 27-31 et seq.
See: LANDSCAPING
Missiles, throwing ...................... 19-83
Parks and recreation facilities; climbing
trees, etc .......................... 20-4
Swale areas, trees in
Definitions ........................... 27-16
Maintenance ......................... 27-20
Planting and removal; written approval
required ........................ 27-17
Scope ................................ 27-19
Variety and location .................. 27-18
U
UTILITIES
Flood damage prevention provisions ...... 12.5-41(3), (5)
Franchises enumerated. See Appendix D
Street construction work; cost of changing
or removal of public utilities ........ 24-4
Subdivision design standards re easements
and rights-of way .................. 36-22(a)
Subdivisions, required improvements re .. 36-32
Telecommunications service tax .......... 26-51 et seq.
See: TAXATION
Use of rights-of way for utilities
Code enforcement board, applicability
re .............................. 2-173
Rules and regulations adopted ........ 28-1
Written permit (franchise)
Contents .......................... 28-3
Required; term .................... 28-2
Section
UTILITY TAX
Collection .............................. 26-30
Exemption ............................. 26-31
Levied; rate ............................ 26-29
V
VACANT PROPERTY
Unauthorized camping, lodging .......... 19-11
VILLAGE
Definitions and rules of construction ..... 1-2
VILLAGE COUNCIL
Compensation .......................... 2-16
Definitions and rules of construction ..... 1-2
Meetings
Adjournment of all meetings .......... 2-19
Regular meetings
Presiding officer ................... 2-18
When held ........................ 2-17
Rules of procedure. See herein that sub-
ject
Rules of procedure
Order of business ..................... 2-26
Parliamentary rules .................. 2-27
Village clerk, duties re .................. 2-67
VILLAGE LOGO
Adoption ............................... 1-10(b)
Description ............................. 1-10(a)
Registration ............................ 1-10(d)
Unlawful practices ...................... 1-10(c)
VILLAGE MANAGER
Administrative code, provisions re ....... 2-39 et seq.
See: ADMINISTRATIVE CODE
Bond ................................... 2-117
Budget ................................. 2-118
Budget procedures, duties re ............. 2-2
Removal ............................... 2-116
Residency .............................. 2-115
VOYEURISM
Window peeping prohibited .............. 19-66
W
WALLS. See: FENCES, WALLS, HEDGES
AND ENCLOSURES
WATER SHORTAGE EMERGENCIES
Application ............................. 19-201
Definitions ............................. 19-200
Enforcement
Emergency power .................... 19-204
Generally ............................ 19-203
Implementation
Exemptions .......................... 19-202(b)
Permanent restrictions ............... 19-202(x)
Sanitation, exception to maintain ........ 19-205
Violations and penalties ................. 19-206
Supp. No. 39 2955
NORTH PALM BEACH CODE
Section
WATER SUPPLY AND DISTRIBUTION
Stormwater management ................ 21-61 et seq.
See: STORMWATER MANAGEMENT
Wellfield protection ..................... 19-220, 19-221
Zoning; C-3 Regional Business District
Surface water management ........... 45-34.1(8)
WATERWAYS. See: BOATS, DOCKS AND
WATERWAYS
WATERWAYS BOARD
Composition; terms; vacancies ........... 5-103
Created ................................ 5-102
Duties ................................. 5-105
Organization ........................... 5-104
Removal ............................... 5-106
WEAPONS. See: FIREARMS AND WEAP-
ONS
WEEDS AND BRUSH
Abatement of public nuisances on private
property ........................... 14-79 et seq.
See: NUISANCES
WEEK
Definitions and rules of construction ..... 1-2
WEIGHTS AND MEASURES
Motor vehicle operation; weight limitations
on certain roads ................... 18-18
Noise measurement procedure ........... 19-113
WELLFIELD PROTECTION
Business activities with potential to con-
taminate land and water resources,
regulation of ....................... 19-221
County wellfield protection ordinance
adopted by reference ............... 19-220
WRITTEN, IN WRITING
Definitions and rules of construction ..... 1-2
Section
ZONING (Generally) (Cont'd.)
Planning commission; changes to zoning
ordinances ........................ 21-12
Subdivision regulations ................. 36-1 et seq.
See: SUBDIVISIONS (Appendix B)
Y
YARDS AND OPEN SPACES
Landscaping ............................ 27-31 et seq.
See: LANDSCAPING
Zoning regulations ...................... 45-27 et seq.
See: ZONING (Appendix C)
YEAR
Definitions and rules of construction ..... 1-2
Z
ZONING (Generally)
Appearance plan (Appendix A). See that
subject
Code enforcement board, applicability re.. 2-173
Home occupations ....................... 17-3(a) et seq.
See: HOME OCCUPATIONS
Landscaping; conflict with zoning ordi-
nance ............................. 27-39
Supp. No. 39 2956