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Pages Replaced by Supplement #651 TABLE OF CONTENTS Page Officials of the Village ........ ............................... iii Preface...................... ............................... v Adopting Ordinance .......... ............................... vii Readopting Ordinance ........ ............................... x.i Checklist of Up -to -Date Pages ............................... [1] Supplement History Table .... ............................... SHA PART I CHARTER Charter..................... ............................... 1 Art. I. Corporate Name ............................. 3 Art. I.A. Vision Statement .......................... 3 Art. II. Territorial Boundaries ....................... 5 Art. III. Legislative .. ............................... 10.5 Art. IV. Administrative ............................. 15 Art. V. Qualifications and Elections .................. 17 Art. VI. Transition Schedule ........................ 18 Charter Comparative Table ... ............................... 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions ....... ............................... 77 2. Administration ........... ............................... 133 Art. I. In General ... ............................... 134.3 Art. II. Council ..... ............................... 138.7 Div. 1. Generally ............................... 138.7 Div. 2. Rules of Procedure ...................... 138.8 Art. M. Administrative Code ....................... 138.8 Div. 1. Generally ............................... 138.8 Div. 2. Audit Committee ........................ 139 Div. 3. Department of Finance .................. 140 Div. 4. Department of Records .................. 141 Div. 5. Police Department ....................... 142 Div. 6. Fire Rescue Department ................. 142.1 Div. 7. Department of Public Works ............. 142.1 Div. 8. Department of Library ................... 142.2 Div. 9. Department of Country Club ............. 143 Div. 10. Department of Recreation ............... 143 Div. 11. Department of Community Development. 143 Supp. No. 64 xi NORTH PALM BEACH CODE Chapter Page Art. IV. Manager .... ............................... 144 Art. V. Pensions and Retirement Systems............ 144 Div. 1. Generally ............................... 144 Div. 2. Social Security .......................... 144 Div. 3. Pension and Certain Other Benefits for 326.1 Div. General Employees ...................... 145 Div. 4. Pension and Certain Other Benefits for 327 Div. Fire and Police Employees ............... 152.3 Div. 5. Length of Service Award Plan for Volunteer 333 Art. IV. Firefighters ............................. 164 Div. 6. ICMA Defined Contribution Pension Plan. 164.1 Art. VI. Code Enforcement .......................... 164.2 Art. VII. Alternate Method of Code Enforcement ..... 169 3. Alcoholic Beverages ...... ............................... 211 4. Animals and Fowl ........ ............................... 263 Art. I. In General ... ............................... 265 Art. II. Dogs and Cats .............................. 267 Art. III. Rabies Control ............................. 269 5. Boats, Docks and Waterways ............................. 319 Art. I. In General ... ............................... 321 Art. II. Boat Launching Area ....................... 326 Art. III. Construction Requirements ................. 326.1 Div. 1. Generally ............................... 326.1 Div. 2. Canals ... ............................... 326.1 Div. 3. Bulkheads and Seawalls ................. 327 Div. 4. Docks and Piers ......................... 328 Div. 5. Erosion Control Structures ............... 333 Art. IV. Marine Sanctuaries ......................... 333 Art. V. Waterways Board ........................... 334 6. Buildings and Building Regulations ...................... 381 Art. I. In General ... ............................... 383 Art. II. Minimum Construction Standards ........... 383 Art. III. Appearance Code .......................... 385 Div. 1. Generally ............................... 385 Div. 2. Reserved . ............................... 387 Div. 3. Certificate of Appropriateness............ 387 Art. IV. Abatement of Unsafe or Unsanitary Buildings 388 Art. V. Signs and Outdoor Displays .................. 392.1 Art. VI. Reserved ... ............................... 401 Art. VII. Reserved ... ............................... 401 7. Bulkhead Lines .......... ............................... 453 Art. I. In General ... ............................... 455 Art. II. Filling Permit .............................. 455 8. Emergency Management .. ............................... 507 Art. I. In General ... ............................... 509 Art. II. Civil Disorders and Disturbances ............ 510 Supp. No. 64 xii TABLE OF CONTENTS — Cont'd. Chapter Page Art. III. Exempt Employee Emergency Duty ......... 511 9. Country Club ............ ............................... 559 Art. I. In General .................................. 561 Art. II. Golf Advisory Board ........................ 562 Art. III. Finances ... ............................... 563 10. Elections ............... ............................... 615 Art. I. In General ... ............................... 617 Art. II. Reserved .... ............................... 618 Art. III. Reserved ... ............................... 618 Art. IV. Polling Locations ........................... 618 11. Electricity .............. ............................... 671 Art. I. In General ... ............................... 673 Art. II. Electrical Code ............................. 673 11.5. Emergency Service .... ............................... 695 Art. I. In General ... ............................... 697 Art. II. Emergency Medical Services ................. 697 12. Fire Prevention and Protection .......................... 723 Art. I. In General ... ............................... 725 Art. II. Florida Fire Prevention Code ................ 725 Art. III. Reserved ... ............................... 726 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances........... 726 12.5 Flood Damage Prevention ............................. 777 Art. I. In General ... ............................... 779 Art. II. Administration ............................. 783 Art. III. Provisions for Flood Hazard Reduction ...... 786 13. Reserved ............... ............................... 839 14. Health and Sanitation ... ............................... 889 Art. I. In General ... ............................... 891 Art. II. Garbage, Trash and Refuse .................. 891 Div. 1. Generally ............................... 891 Div. 2. Garbage Collection and Disposal ......... 891 Div. 3. Reserved . ............................... 893 Art. III. Reserved ... ............................... 894 Art. IV. Abatement of Public Nuisances on Private Property .... ............................... 894 15. Housing ................ ............................... 945 Art. I. In General ... ............................... 947 Art. II. Abandoned Real Property ................... 949 16. Library ................. ............................... 997 Art. I. In General ... ............................... 999 Art. II. Library Board .............................. 999 17. Licenses and Miscellaneous Business Regulations........ 1051 Art. I. In General ... ............................... 1053 Supp. No. 64 xiii NORTH PALM BEACH CODE Chapter Page Art. II. Local Business Tax ......................... 1057 Art. III. Businesses Located Outside Village Limits .. 1060.4 Art. IV. Simulated Gambling Devices ................ 1063 Art. V. Ambulances .. ............................... 1065 Art. VI. Garage and Other Sales .................... 1066 Art. VII. Business Advisory Board .................. 1066 Art. VIII. Peddlers and Solicitors .................... 1067 17.5 Reserved .............. ............................... 1121 18. Motor Vehicles and Traffic .............................. 1171 Art. I. In General ... ............................... 1173 Art. II. Operation of Vehicles Generally ............. 1173 Art. III. Stopping, Standing and Parking ............ 1175 19. Offenses and Miscellaneous Provisions .................. 1225 Art. I. In General . ............................... 1227 Art. II. Sexual Offenders and Sexual Predators ...... 1230 Art. III. Offenses Against Property .................. 1230 Art. IV. Offenses Against Public Morals ............. 1230 Art. V. Offenses Against Public Peace ............... 1231 Art. VI. Noise Control .............................. 1231 Art. VII. Reserved ... ............................... 1234 Art. VIII. Weapons ................................. 1234 Art. IX. Water Shortage Emergencies ............... 1237 Art. X. Alarms ...... ............................... 1238 Art. XI. Wellfield Protection ........................ 1242 20. Parks, Playgrounds and Recreation ...................... 1289 Art. I. In General ... ............................... 1291 Art. II. Meetings and Gatherings .................... 1292 Div. 1. Generally ............................... 1292 Div. 2. Permit ... ............................... 1292 Art. III. Recreation Advisory Board ................. 1293 21. Planning and Development ............................. 1343 Art,. I. In General ... ............................... 1345 Art. II. Planning Commission ....................... 1347 Art. III. Board of Adjustment ....................... 1348 Art. IV. Concurrency Management .................. 1350 Art. V. Stormwater Management .................... 1363 Art. VI. Archaeological Site Protection Regulations... 1366.1 22. Reserved ............... ............................... 1411 23. Police ................... ............................... 1463 Art. I. In General ... ............................... 1465 Art. II. Reserved .... ............................... 1465 Art. III. Reserve Force .............................. 1465 24. Streets, Sidewalks and Public Places .................... 1517 Art. I. In General ... ............................... 1519 Art. II. Work Performed Within Rights -of -Way ....... 1519 Supp. No. 64 xiv TABLE OF CONTENTS — Cont'd. Chapter Page Art. III. Sidewalks and Driveways .................. 1520.3 Art. II. Procedures for Subdivision Plat Approval .... Div. 1. Generally ............................... 1520.3 Art. IV. Required Improvements .................... Div. 2. Permits .. ............................... 1523 25. Swimming Pools ........ ............................... 1573 Art. I. In General ... ............................... 1575 Art. II. Reserved .... ............................... 1575 Art. III. Reserved ... ............................... 1576 26. Taxation ................ ............................... 1627 Art. I. In General ... ............................... 1629 Art. II. Insurance Excise Taxes ..................... 1629 Art. III. Utility Tax . ............................... 1629 Art. IV. Telecommunications Service Tax ............ 1630 27. Trees and Shrubbery .... ............................... 1681 Art. I. In General ... ............................... 1683 Art. II. Trees in Swale Areas ....................... 1683 Art. III. Landscaping ............................... 1684 Div. 1. Generally ............................... 1684 Div. 2. Reserved . ............................... 1686 Div. 3. Requirements for Certain Yard Areas, Off - Street Parking and Other Vehicular Use Areas .... ............................... 1686 28. Use of Rights -of -Way for Utilities ....................... 1739 29. Telecommunications ..... ............................... 1781 Appendices A. Appearance Plan ......... ............................... 2043 B. Subdivisions ............. ............................... 2353 Art. I. In General ... ............................... 2355 Art. II. Procedures for Subdivision Plat Approval .... 2358 Art. III. Design Standards .......................... 2365 Art. IV. Required Improvements .................... 2368.1 Art. V. Enforcement Provisions ...................... 2372 Art. VI. Amendments ............................... 2378 Art. VII. Legal Status .............................. 2379 C. Zoning . ............................... .. ........... 2479 Art. I. In General ... ............................... 2481 Art. II. Generally ... ............................... 2486 Art. III. District Regulations ........................ 2488.7 Arts. IV, V. Reserved ............................... 2529 Art. VI. Amendments —Fees; Waiting Periods ........ 2529 Art. VII. Nonconforming Uses of Land and Structures 2530 D. Franchises .............. ............................... 2619 Statutory Reference Table .... ............................... 2819 Code Comparative Table -1970 Code ......................... 2869 Supp. No. 64 xv NORTH PALM BEACH CODE Page Code Comparative Table —Laws of Florida .................... 2873 Code Comparative Table— Ordinances ........................ 2875 Charter Index ............... ............................... 2933 CodeIndex .................. ............................... 2935 Supp. No. 64 xvi Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page- for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up -to -date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up -to -date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title Page 64 12.1 61 iii 1 13,14 25 V, vi OC 15,16 33 vii, viii OC 16.1 33 ix OC 17,18 25 x.i, x.ii 1 19 25 x.iii 1 65 61 xi, xii 64 77 OC xiii, xiv 64 79,80 OC xv, xvi 64 81,82 58 SH:1, SH:2 63 83 58 SH:3 64 133, 134 62 1 25 134.1, 134.2 62 3,4 25 134.3, 134.4 62 5,6 25 135, 136 60 7,8 25 137, 138 60 9, 10 29 138.1, 138.2 60 10.1, 10.2 53 138.3, 138.4 60 10.3, 10.4 53 138.5, 138.6 60 10.5, 10.6 53 138.7, 138.8 60 11,12 61 138.9, 138.10 60 Supp. No. 64 [1] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 139,140 34 327,328 27 141,142 62 329,330 58 142.1, 142.2 62 331,332 58 143,144 52 332.1 58 144.1 52 333,334 45 145,146 47 335 45 147,148 47 381,382 60 149,150 47 383,384 53 151,152 47 385,386 53 152.1, 152.2 47 387,388 60 152.3, 152.4 47 389,390 60 152.5, 152.6 60 391,392 60 153, 154 61 392.1, 392.2 60 154.1 61 392.3, 392.4 60 155, 156 46 392.5 60 157, 158 52 393,394 56 159,160 61 395,396 56 160.1, 160.2 61 397,398 56 161,162 46 398.1 56 162.1, 162.2 46 398.15, 398.16 40 163, 164 52 399,400 53 164.1, 164.2 52 401 53 164.3 52 453 OC 165, 166 48 455,456 22 167,168 48 507 57 169, 170 48 509,510 57 211 OC 511,512 57 213,214 19 559 36 263 59 561,562 52 265,266 59 563 40 266.1 59 615 36 267,268 52 617,618 36 269 52 671 2 319,320 63 673 24 321,322 63 695 13 323,324 63 697 52 325,326 63 723 52 326.1, 326.2 63 725,726 52 [2] Supp. No. 64 CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 727 52 1173,1174 52 777 OC 1175, 1176 36 779,780 OC 1177 36 781,782 OC 1225 61 783,784 OC 1227, 1228 61 785,786 OC 1229, 1230 63 787,788 OC 1231, 1232 63 789 OC 1233, 1234 63 839 OC 1235 63 889 39 1237,1238 52 891,892 61 1239, 1240 52 893,894 52 1241, 1242 52 895 50 1289 52 945 41 1291,1292 52 947,948 49 1293, 1294 29 948.1 49 1295 29 949,950 41 1343, 1344 62 951 41 1345,1346 62 997 OC 1347, 1348 62 999, 1000 22 1348.1 62 1051, 1052 61 1349, 1350 45 1052.1 61 1350.1, 1350.2 45 1053, 1054 31 1351, 1352 33 1054.1, 1054.2 31 1353, 1354 33 1054.3, 1054.4 31 1355, 1356 33 1055, 1056 36 1356.1 33 1057, 1058 33 1357, 1358 OC 1059, 1060 33 1359, 1360 33 1060.1, 1060.2 43 1361, 1362 33 1060.3, 1060.4 43 1363, 1364 52 1060.5 43 1364.1 52 1061, 1062 8 1365, 1366 33 1063, 1064 54 1366.1, 1366.2 52 1065, 1066 54 1366.3, 1366.4 33 1067,1068 61 1367 5 1069, 1070 61 1411 OC 1121 OC 1463 OC 1171 OC 1465, 1466 52 Supp. No. 64 [3] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 1517 64 2359,2360 33 1519, 1520 64 2361, 2362 33 1520.1, 1520.2 64 2363, 2364 33 1520.3, 1520.4 64 2364.1 33 1521, 1522 47 2365, 2366 OC 1523 47 2367,2368 37 1573 24 2368.1 37 1575, 1576 29 2369, 2370 OC 1627 9 2371, 2372 OC 1629, 1630 27 2373, 2374 33 1631 27 2375, 2376 33 1681 OC 2377, 2378 33 1683,1684 33 2379 33 1684.1, 1684.2 24 2479, 2480 62 1685, 1686 OC 2481, 2482 62 1687, 1688 17 2483, 2484 62 1689, 1690 17 2485, 2486 62 1739 14 2487,2488 62 1741, 1742 21 2488.1, 2488.2 62 1781 21 2488.3, 2488.4 62 1783, 1784 21 2488.5, 2488.6 62 1785, 1786 33 2488.7, 2488.8 62 1787, 1788 33 2489, 2490 59 1788.1 33 2491, 2492 59 1789, 1790 21 2493, 2494 59 1791, 1792 21 2495, 2496 59 1793, 1794 21 2497, 2498 59 1795, 1796 21 2499, 2500 59 2043 OC 2501, 2502 59 2045, 2046 62 2503, 2504 62 2046.1 62 2504.1, 2504.2 62 2047, 2048 OC 2504.2.1 62 2049, 2050 OC 2504.3, 2504.4 59 2051, 2052 OC 2504.5, 2504.6 59 2053 OC 2504.7, 2504.8 59 2353 OC 2505, 2506 10 2355, 2356 OC 2507, 2508 13 2357, 2358 33 2509, 2510 62 [4] Supp. No. 64 CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 2510.1, 2510.2 62 2512.10.1 63 2510.2.1 62 2512.11, 2512.12 51 2510.3, 2510.4 54 2512.13 51 2510.5, 2510.6 54 2513, 2514 OC 2510.7, 2510.8 54 2515, 2516 62 2510.9, 2510.10 54 2517, 2518 62 2510.11, 2510.12 54 2519, 2520 62 2510.12.1, 2510.12.2 54 2521, 2522 62 2510.12.3 54 2523, 2524 62 2510.13, 2510.14 25, Add. 2525, 2526 62 2510.15, 2510.16 25, Add. 2527, 2528 62 2510.17, 2510.18 25, Add. 2529, 2530 62 2510.19, 2510.20 25, Add. 2531, 2532 62 2510.21, 2510.22 25, Add. 2533 62 2510.23, 2510.24 51 2619 48 2510.25, 2510.26 25, Add. 2819, 2820 63 2510.27, 2510.28 25, Add. 2869, 2870 OC 2510.29, 2510.30 25, Add. 2871 OC 2510.31, 2510.32 25, Add. 2873 OC 2510.33, 2510.34 25, Add. 2875, 2876 OC 2510.35, 2510.36 51 2877, 2878 OC 2510.37, 2510.38 25, Add. 2879, 2880 OC 2510.39, 2510.40 25, Add. 2881, 2882 14 2510.41, 2510.42 25, Add. 2883, 2884 14 2510.43, 2510.44 25, Add. 2885, 2886 19 2510.45, 2510.46 25, Add. 2887, 2888 25, Add. 2510.47, 2510.48 25, Add. 2889, 2890 33 2510.49, 2510.50 25, Add. 2891, 2892 51 2510.51, 2510.52 25, Add. 2893, 2894 60 2510.53, 2510.54 25, Add. 2895 64 2510.55, 2510.56 25, Add. 2933, 2934 25 2511, 2512 57 2935, 2936 59 2512.1, 2512.2 57 2937, 2938 63 2512.2.1, 2512.2.2 63 2938.1 63 2512.3, 2512.4 49 2939, 2940 61 2512.5, 2512.6 50 2940.1 61 2512.7, 2512.8 51 2941, 2942 64 2512.9, 2512.10 63 2942.1 64 [5] Supp. No. 64 NORTH PALM BEACH CODE Page No. Supp. No. 2943, 2944 55 2945, 2946 61 2947, 2948 61 2948.1 61 2949, 2950 55 2951, 2952 64 2952.1 64 2953, 2954 55 2955, 2956 55 2957, 2958 62 2959, 2960 62 [6] Supp. No. 64 SUPPLEMENT HISTORY TABLE Ord. No. Date Adopted Included/ Omitted Supp. No. 2015 -15 9 -24 -15 Omitted 63 2015 -16 9 -24 -15 Omitted 63 2015 -17 1 -14 -16 Omitted 63 2015 -18 9 -24 -15 Omitted 63 2015 -19 11 -12 -15 Included 63 2015 -20 11 -12 -15 Included 63 2015 -21 12 -10 -15 Omitted 63 2015 -22 12 -10 -15 Included 63 2016 -02 1 -14 -16 Omitted 63 2016 -03 1 -14 -16 Omitted 63 2016 -01 4 -28 -16 Omitted 64 2016 -04 1 -28 -16 Omitted 64 2016 -05 3 -24 -16 Omitted 64 2016 -06 5 -12 -16 Included 64 2016- 25(Res.) 5 -12 -16 Omitted 64 Supp. No. 64 SH:3 ADMINISTRNPION 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 Internal Revenue Code. (c) Other contributions. Private donations, gifts and contributions may be deposited to the fund, but such deposits must be accounted for sepa- rately and. kept on a segregated bookkeeping basis. Funds from these sources may be used only for additional benefits for Members, as deter- mined by the Board, and may not be used to reduce required Village contributions. (Ord. No. 1 -83, § 5, 1- 13 -83; Ord. No. 2010 -07, § 7, 5- 27 -10) Sec. 2 -151. Retirement board, establishment. (a) There is hereby created a general employ- ees retirement board of the Village which shall consist of five (5) members. Two (2) members of the Board shall be employ- ees of the Village. The employee members of the Board shall be elected at large by full -time Village employee Members of the Plan. Employees who are elected cannot work in the same departments of the Village. The term of service of employees on the general retirement board shall be three (3) years, unless the employee member of the retire- ment board is sooner retired, disabled, resigns, terminates Village employment, is removed for misconduct by majority vote of the employees or the Village Council or is removed for nonparticipa- Supp. No. 47 151 § 2 -151 Lion by missing two (2) or more consecutive meet- ings. The election to the Board shall be arranged by the Village clerk, who shall give reasonable notice of the election to the eligible voters. Two (2) members of the general retirement Board shall be residents of the Village, selected by the Village Council to serve terms of two (2) years. The two (2) employee members of the Board and the two (2) Council - appointed members of the Board shall annually appoint a member of the general public who has never been employed by the Village to serve as the fifth member of the Board. This fifth member shall serve a term of one -year. All mem- bers of the Board shall be voting members. (b) Should a vacancy occur in the position of a member serving as an employee member, the Village employees shall, within thirty (30) days, hold an election and elect a successor to serve. Should the member appointed by Village council resign or relinquish his duties on the general retirement board, his successor shall be ap- pointed by the Village council within thirty (30) days. Should a vacancy occur in the position of the fifth member, the Board shall appoint a replace- ment within thirty (30) days. (c) The retirement Board hereby created shall perform all duties and enjoy all rights and powers vested by law or ordinance, and the village attor- ney may give advice and legal assistance to said retirement board in all matters pertaining to the performance of their duties, whenever requested and may prosecute and defend all suits which may be instituted by or against it; provided., however, the retirement Board may, in its discre- tion, employ independent legal counsel for such purposes. (d) The retirement Board shall have full au- thority to administer all the provisions of this division and shall cause all disbursements and receipt for all monies received by the fund through the office of the Village finance director or a custodian bank if one is employed. The retirement Board shall appoint a secretary who shall keep a complete record of all actions and proceedings by the Board.. (e) The retirement Board shall continue to exist exclusively for the purpose provided by this division and related legislation, and the respon- § 2 -151 NORTH PALM PEACH CODE (' sibility for the administration and proper opera- tion thereof and for effectuating the provisions of the law relating thereto, is vested in the retire- ment Board. (f) The Retirement Board shall have the au- thority to employ such professional, technical or other advisers as required to carry out the provi- sions of this Ordinance. (g) The Board shall have the power and au- thority to recommend an increase or decrease in the benefits payable hereunder, through the adop- tion of an amendment to this article but provided such action is based on an actuarial review by an enrolled actuary who is a member of the Society of Actuaries. (h) The Board shall discharge its duties solely in the interest of the participants and beneficia- ries for the exclusive purpose of providing bene- fits to participants and their beneficiaries and defraying reasonable expenses of administration. (Ord. No. 1 -83, § 6, 1- 13 -83; Ord. No. 2006 -14, § 1; 7- 27 -06; Ord. No. 2010 -07, § 8, 5- 27 -10) Sec. 2 -152. Additional rules and regulations authorized. The retirement Board shall have the power to adopt rules and regulations, not inconsistent with the provisions of this division, governing its activ- ities and providing for the certification of the sum to be paid a retired Member from the general retirement fund. (Ord. No. 1 -83, § 7, 1- 13 -83; Ord. No. 2010 -07, § 9, 5- 27 -10) Sec. 2 -153. Investing funds; custodian of se- curities. (a) The retirement Board shall have the power and authority to retain the services of an invest- ment advisor registered under the Investment Advisors Act of 1940 to invest and reinvest the assets of the general retirement fund in a manner consistent with laws and statutes governing the investment of the Fund. Legal title to the funds shall remain at all times in the name of the Fund. (b) The Village, or its designated funding agent, shall be the custodian of all securities, and the accretion thereof shall become a part of the gen- Su pp. No. 47 152 eral retirement fund. All funds and securities of the general retirement fund shall be deposited with the Village finance director who shall keep them in a. separate fund, and shall be liable for the safekeeping of the same under the bond given to the Village and shall be liable in the same manner and to the same extent as is liable for the safekeeping of the funds of the Village as provided for by law. All funds now held by the Village for this retirement system are hereby transferred to the fund established by this division. The Board may in its discretion chose to retain services of a custodian bank. (Ord. No. 1 -83, § 8, 1- 13 -83; Ord. No. 11 -85, § 1, 7- 11 -85; Ord. No. 2010 -07, § 10, 5- 27 -10) Sec. 2 -154. Oaths of office; meetings; quo- rum. Before entering upon their duties as members of the Board, each member shall take and sub- scribe to the oath of office required by the Village Charter, which oath shall be filed with the Village clerk. The Board shall meet as often as necessary or upon the call of the chairman or any member thereof or upon request of the Village clerk. All Board meetings shall be held at Village hall. A majority of the Board shall constitute a quorum for the transaction of any business. Notice of meetings shall be given to council and the public at least seven (7) days in advance. (Ord. No. 1 -83, § 9, 1- 13 -83; Ord. No. 06- 2002, § 2, 2- 28 -02; Ord. No. 2010 -07, § 11, 5- 27 -10) Sec. 2 -155. Repeal or termination of system. (a) This division establishing the system and fund, and subsequent ordinances pertaining to the system and fund, may be modified, termi- nated or amended in whole or in part; provided that if this division or any subsequent ordinance shall be amended or repealed in its application to any person benefiting hereunder, the amount of benefits which at the time of any such alteration, amendment or repeal shall have accrued to the Member or beneficiary shall not be affected thereby. (b) If this division is repealed and not super- seded by another pension plan, or if contributions to the system are discontinued, the Board shall continue to administer the system in accordance ADMINISTRATION with the provisions of this division, for the sole benefit of the then Members, any beneficiaries then receiving retirement allowances, and any future persons entitled to receive benefits under one (1) of the options provided for in this division who are designated by any of such Members. In the event of such repeal, or if contributions to the system are discontinued, there shall be full vest- ing of one hundred (100) percent of the accrued benefits to the person entitled to benefits in accordance with the provisions thereof. (c) Upon termination of the Fund by the Vil- lage for any reason, or because of a transfer, merger, or consolidation of governmental units, services, or functions as provided in Chapter 121, Florida Statutes, or upon written notice to the Board by the Village that contributions under the Fund are being permanently discontinued, the rights of all employees to benefits accrued to the date of such termination or discontinuance and the amounts credited to the employees' accounts are nonforfeitable. The Fund shall be distributed in accordance with the following procedures: (1) The Board shall determine the date of distribution and the asset value required to fund. all the nonforfeitable benefits, after taking into account the expenses of such distribution. The Board shall inform the Village if additional assets are re- quired, in which event the Village shall continue to financially support the plan until all nonforfeitable benefits have been funded. (2) The Board shall determine the method of distribution of the asset value, whether distribution shall be by payment in cash, by the maintenance of another or substi- tuted trust fund, by the purchase of in- sured annuities, or otherwise, for each Member entitled to benefits under the plan, as specified in subsection (3). (3) The Board shall distribute the asset value as of the date of termination in the man- ner set forth in this subsection, on. the basis that the amount required to provide any given retirement income is the actuari- ally computed single -sum value of such retirement income, except that if the Supp. No. 47 152.1 § 2 -156 method of distribution determined under subsection (2) involves the purchase of an insured annuity, the amount required to provide the given retirement income is the single premium payable for such an- nuity. The actuarial single -sum value may not be less than the employee's accumu- lated contributions to the plan, with in- terest if provided by the Fund, less the value of any plan benefits previously paid to the employee. (4) If there is asset value remaining after the full distribution specified in subsection (3), and after payment of any expenses incurred with such distribution, such ex- cess shall be returned to the Village. (5) The Board shall distribute, in accordance with the manner of distribution deter- mined under subsection (2), the amounts determined under subsection (3). (Ord. No. 1 -83, § 10, 1- 13 -83; Ord. No. 2010 -07, § 12, 5- 27 -10) Sec. 2 -156. Miscellaneous. (a) Discharged members. Members entitled to a pension as approved by the pension Board shall not forfeit the same upon dismissal from the Village, but shall be retired as herein described. (b) Nonassignability. No benefit provided for herein shall be assignable or subject to garnish- ment for debt or for other legal process. However, the Board shall honor income deduction orders for alimony or child support in accordance with rules and procedures by the Board. (c) Pension validity. The Board of retirement shall have the power to examine into the facts upon which any pension shall heretofore or here- after have been granted or obtained to determine if such pension was granted erroneously, fraudu- lently or illegally for any reason. The Board is empowered to purge the pension rolls of any person heretofore or hereafter granted a pension under prior or existing law or heretofore granted under this division if' the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any pensioner who has hereto- § 2 -156 NOWPH PALM BEACH CODE fore under any prior or existing law or who shall hereafter under this division be erroneously, im- properly or illegally classified. (d) Incompetence. If any member or benefi- ciary is a minor or is, in the judgment of the Board, otherwise incapable of personally receiv- ing and giving a valid receipt for any payment due him under the system, the Board may, unless and until claims shall have been made by a duly appointed guardian of such person, snake such payment or any part to such person's spouse, children or other person deemed by the Board, in its sole discretion, to have incurred expenses or assumed responsibility for the expenses of such person. Any payment so made shall be a complete discharge of any liability under the system for such payment. (e) Bargaining unit employees. Nothing herein shall limit the Village's authority to provide alter- nate retirement benefits to employees in each of the bargaining units provided: (1) The benefit is provided pursuant to the terms of a collective bargaining agree- ment ratified by the Village council or is the subject of a waiver of bargaining or a memorandum of understanding. (2) No vested benefit is reduced or elimi- nated. (3) An actuarial impact statement disclosing the cost and. effect of the modification is made and reviewed by the Village council prior to ratification of the collective bar - gaining agreement. (4) The terms of the modification are incor- porated in this chapter of the Village Code by amendatory ordinance. (f) Maximum Pension. (1) Section 4.15(b) Internal Revenue Code Lim- its. Basic Limitations. Notwithstanding anything to the contrary in this Plan, the provisions of Section 415 and its regulations are hereby incorporated by reference into this Plan. Subject to the adjustments in Code Section 415, the maximum amount of the Supp. No. 47 152.2 actual annual retirement income paid in any year with respect to a Partic- ipant under this Plan attributable to employer provided benefits shall not exceed the dollar amount allowable for any calendar year pursuant to Code Section 415(b), as adjusted in such calendar year for increases in the cost of living in accordance with Regulations issued by the Secretary of the Treasury under Code Section 415(d). For purposes of applying the basic limitation, benefits payable in any form other than a straight life annuity with no ancillary benefits shall be adjusted, as provided by Treasury Regulations, so that such benefits are the Actuarial Equiva- lent of a straight life annuity. For purposes of this subsection Article, the following benefits shall not be taken into account: 1. Any ancillary benefit which is not directly related to retire- ment income benefits; 2. Any other benefit not required under Code Section 415(b)(2) and Treasury Regulations there- under to be taken into account for purposes of the limitation of Code Section 415(b)(1). b. For purposes of applying the limita- tions of Code Section 415(b), compen- sation includes those items as set forth in Regulation 1.415 -2(d). This definition specifically includes the crediting of compensation while ab- sent from service for military duty; such crediting shall to exceed the compensation that would have been credited under the System if System services had continued. (2) Additional Limitation on Pension Bene- fits. Notwithstanding anything herein to the contrary: a. The normal. retirement benefit or pension to a retiree who becomes a Member of the Plan and who has not ADMINISTRATION Sec. 2- 170.8. Vesting provisions. The vesting is based on years of credited ser- vice and the following schedule: Years of Service Vested Percentage Less than 4 0 4 40 5 50 6 60 7 70 8 80 9 90 Ten (10) or more 100 (Ord. No. 16 -91, § 9, 4- 11 -91) Sec. 2- 170.9. Village contributions. So long as this system is in effect, the village shall make a yearly contribution to the plan equal to the cost for the year by the most recent actu- arial valuation. (Ord. No. 16 -91, § 10, 4- 11 -91) Sec. 2- 170.10. Trustee and contact person. The village finance director will act as trustee and contact person and will be responsible for contacting the agent or agency administrating the plan regarding changes and modifications to the plan. (Ord. No. 16 -91, § 11, 4- 11 -91) Sec. 2- 170.11. Point system. A minimum of fifty (50) points is needed to earn a year of credited service. The point system that can be earned by volunteer firefighters is set forth in Exhibit A attached to Ordinance No. 16 -91 and made a part of this division. (Ord. No. 16 -91, § 12, 4- 11 -91) Editor's note — Exhibit A, attached to Ord. No. 16 -91 from which this division derives, is not printed herein, but is on file and available for reference in the offices of the village. Supp. No. 52 164.1 § 2- 170.15 DIVISION 6. ICMA DEFINED CONTRIBUTION PENSION PLAN Sec. 2- 170.12. Creation. The village council hereby approves the cre- ation of an ICMA defined contribution pension plan for each of the following village employee groups: (1) Department directors; (2) General employees; and (3) FPE employees. (Ord. No. 2006 -26, § 2, 12- 14 -06) Sec. 2- 170.13. Vesting period. The vesting period for each defined contribu- tion plan shall be five (5) years, with a vesting of zero (0) percent in the first year and a vesting of twenty -five (25) percent for each year thereafter. While the plans will not provide for retroactive funding, the vesting period shall run from each employee's original date of hire. (Ord. No. 2006 -26, § 3, 12- 14 -06) Sec. 2- 170.14. Administrative services agree- ment and adoption agree- ments. The village council hereby approves the admin- istrative services agreement and adoption agree- ments with ICMA and authorizes the mayor and village clerk to execute such agreements on behalf of the village. The village clerk shall transmit a copy of the ordinance from which this division derives to the State of Florida Division of Retire- ment. (Ord. No. 2006 -26, § 4, 12- 14 -06) Sec. 2- 170.15. Effective date. This division shall be retroactive to October 1, 2006 and shall take effect upon adoption. How- ever, the provisions of this division shall not be implemented as to bargaining unit employees until the village and the union representing the bargaining unit agree to an amendment of the collective bargaining agreement incorporating the § 2- 170,15 NORTH PALM BEACH CODE additional benefits set forth in this division and that agreement is ratified or the union waives bargaining and consents to its implementation. (Ord. No. 2006 -26, § 6, 12- 14 -06) ARTICLE VI. CODE ENFORCEMENT* Sec. 2 -171. Declaration of legislative intent. It is the intent of this article to promote, protect and improve the health, safety and wel- fare of the citizens of the village and to provide an equitable, expeditious, effective and inexpensive method of enforcing the hereinafter described codes and ordinances of the village where a pend- ing or repeated violation continues to exist. (Ord. No. 2010 -09, § 2, 7 -8 -10) Sec. 2 -172. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Attorney means the attorney for the village who will represent the village in proceedings before a special magistrate. Code inspector means those authorized agents or employees of the village whose duty it is to ensure compliance with the codes referred to below. Repeat violation means a violation of a provi- sion of a code or ordinance by a person who has been previously found through a code enforce- ment board, special magistrate or any other quasi - judicial or judicial process, to have violated or who has admitted violating the same provision *Editor's note -Ord. No. 2010 -09, § 2, adopted July 8, 2010, deleted the former Art. VI, §§ 2- 171 -2 -182, and enacted a new Art. VI as set out herein. The former Art. VI pertained to code enforcement board and derived from Ord. No. 19 -79, §§ 1 -10, 9- 27 -79; Ord. No. 25 -79, § 1, 12- 13 -79; Ord. No. 9 -80, §§ 2-10,4-24-80; Ord. No. 16 -82, Arts, I -VI, 9 -9 -82; Ord. No. 19 -85, § 1, 10- 24 -85; Ord. No. 2 -86, §§ 1 -3, 3- 27 -86; Ord. No. 15 -86, § 2, 10 -9 -86; Ord. No. 8 -90, § 1, §§ 3 -7, 4- 12 -90; Ord. No. 4 -91, § 1, 2- 28 -91; Ord. No. 17 -91, § 1, 4- 25 -91; Ord. No. 18 -96, §§ 1-6,5-9-96; Ord. No. 04 -2000, §§ 1-5,2-10-00; Ord. No. 11 -2001, §§ 1, 2, 4- 26 -01; Ord. No. 23 -2002, § 1, 7- 11 -02; Ord. No. 08 -2003, §§ 1, 2, 3- 27 -03; Ord. No. 2006 -28, § 2, 12- 14 -06; Ord. No. 2007 -19, § 3, 12- 13 -07. within five (5) years prior to the violation, not- withstanding the violations occur at different locations. Special magistrate means a special magistrate appointed by the village council pursuant to sec- tion 2 -174 to conduct code enforcement proceed- ings in accordance with the provisions of this article. (Ord. No. 2010 -09, § 2, 7 -8 -10) Sec. 2 -173. Applicability. The special magistrate shall enforce and have jurisdiction over the following codes: Chapter 4, Village of North Palm Beach Code, containing the animals and fowl code. Chapter 5, Village of North Palm Beach Code, containing the docks and waterways code. Supp. No. 52 164.2 Chapter 6, Village of North Palm Beach Code, including the Florida building code, the appearance code and appearance plan (Appen- dix A), and the sign code. Chapter 7, Village of North Palm Beach Code, containing the bulkhead lines code. Chapter 12, Village of North Palm Beach Code, including the fire prevention code. Chapter 14, Village of North Palm Beach Code, containing the health and sanitation code. Chapter 15, Village of North Palm Beach Code, containing the housing code. Chapter 17, Village of North Palm Beach Code, containing the business tax code. Sections 18 -34 and 18 -35 of Chapter 18. Chapter 19, Village of North Palm Beach Code, containing noise control code. Chapter 21, Village of North Palm Beach Code, administrating and regulating the Vil- lage's stormwater management system. Chapter 24, Village of North Palm Beach Code, containing the streets, sidewalks and driveways code. Chapter 25, Village of North Palm Beach Code, containing the swimming pool code. ADMINISTRATION Chapter 27, Village of North Palm Beach Code, containing the trees and shrubbery code, including landscaping of yards and parking lots. Chapter 28, Village of North Palm Beach Code, containing the franchise ordinance for the use of the village rights -of -way for utilities Chapter 36, Village of North Palm Beach Code, containing the subdivision code. Chapter 45, Village of North Palm Beach Code, containing the zoning code. (Ord. No. 2010 -09, § 2, 7 -8 -10; Ord. No. 2011 -19, § 3, 10- 13 -11) Sec. 2 -174. Special magistrates. (a) Appointment. The village council may ap- point one (1) or more special magistrates to con- duct code enforcement hearings. The special mag- istrate shall serve at the pleasure of the village council and may be removed by the village council Supp. No. 52 164.3 § 2 -174 Chapter 18 MOTOR VEHICLES AND TRAFFIC* Art. I. In General, §§ 18.1 -18.16 Art. II, Operation of Vehicles Generally, H 18.16 -18.33 Art. III. Stopping, Standing and Parking, H 18.34 -18.38 *Cross references — General penalty for Code violations, § 1.8; administration generally, Ch. 2; noise control generally, § 19.99 et seq.; traffic regulations for parks, § 20.6; police, Ch. 23; streets, sidewalks and public places, Ch. 24. State law reference — Powers of local authorities, F.S. § 316.008, 1171 MOTOR VEHICLES AND TRAFFIC § 18 -20 ARTICLE I. IN GENERAL (b) This section shall not apply where such trucks are making deliveries to or picking up merchandise at residences or places of business Secs. 18- 1- 18 -15. Reserved. located upon such streets. (Code 1970, § 39 -46; Ord. No. 4 -81, § 1, 3- 26 -81) ARTICLE H. OPERATION OF VEHICLES GENERALLY* Sec. 18 -16. Speed limits — Generally. In accordance with law, and when signs are erected giving notice thereof, the speed limit shall be as set forth in this section: (1) On all streets within the corporate limits of the village, except as set out below, twenty -five (25) miles per hour at all times. (2) On all state highways and county roads located in the village, as designated by the state department of transportation. (3) In areas where school hours are posted, traffic shall not exceed twenty (20) miles per hour. (Code 1970, § 39 -29; Ord. No. 5 -98, § 1, 2- 12 -98) Sec. 18 -17. Reserved. Editor's note —Ord. No. 5 -98, § 2, adopted Feb. 12, 1998, repealed § 18 -17, which pertained to speed limits, specific streets. See the Code Comparative Table. Sec. 18 -18. Weight limitations on certain roads. (a) It shall be unlawful for any person to operate, drive or park any truck in excess of three - fourths ton over, across or upon any street right -of -way except those indicated below, in the village: Northlake Boulevard Prosperity Farms Road State Road 703 U.S. Highway #1 (State Road 5) *Cross reference— Driving over fire hose prohibited, § 12 -1. Supp. No. 52 1173 Sec. 18 -19. Combat Auto Theft (CAT). (a) Authority. The Florida Uniform Traffic Con- trol Law authorizes municipalities to enact ordi- nances to establish "Combat Auto Theft" (CAT) programs whereby vehicle owners may enroll their vehicles giving advance written consent to law enforcement to law enforcement officers to stop their enrolled vehicles if they are being operated between the hours of 1:00 a.m. and 5:00 a.m., provided the CAT decal is properly dis- played in the lower corner of the vehicle's rear window. (b) Administration of program. A "combat auto theft" (CAT) program is hereby established for the Village of North Palm Beach, Florida. The pro- gram shall include: (1) Consent forms to be executed by motor owners who enroll vehicles in the pro- gram. (2) CAT program decals which conform to the specifications, colors and design of the uniform CAT decal established by the Florida Department of Law Enforcement for use throughout the state. (3) All other provisions of the "combat auto theft" program as provided for in the Florida Uniform Traffic Control Law. Ad- ministration of the program shall be con- ducted by the director of public safety of the village. (4) The chief of police shall charge a nominal fee for the administration of the program and the cost of the CAT decal. (Ord. No. 45 -96, § 1, 12- 12 -96; Ord. No. 2011 -21, § 15, 11- 10 -11) Sec. 18 -20. Motorized scooters. (a) Definitions. It is the intent of this section that the following definitions correspond to those found in F.S. ch. 316, where applicable. A different § 18 -20 NORTH PALM BEACH CODE definition for any term listed below, as contained the motorized scooter operator shall obey in F.S. ch. 316, shall control over the following all authorized traffic control devices, mark - definitions. ings, and signs; (1) (2) Helmet: A bicycle helmet that is properly fitted and is securely fastened upon the rider's head by a strap. Said helmet must meet or exceed the standards of the Amer- ican National Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards of the Snell Memorial Founda- tion (1984 Standards for Protective Head- gear for Use in Bicycling), or any other nationally recognized standards for bicy- cle helmets adopted by the United States Department of Transportation. Motorized scooter: Any vehicle designed to travel on not more than three (3) wheels, and not capable of propelling the vehicle at speeds greater than thirty (30) miles per hour on level ground. Motorized scooters: (1) Shall only be operated on streets and roadways within the Village of North Palm Beach by persons who possess a valid driver's license, so long as required by state law; (2) Shall not be operated on sidewalks within the Village of North Palm Beach; (3) (4) (5) (6) Shall not be operated in public parks in the Village of North Palm Beach unless such use is specifically allowed by signage posted in that particular park; Shall be operated and used by one person only; passengers are not allowed on mo- torized scooters; and motorized scooters shall not tow any other person, object or vehicle of any kind; Shall only be operated during daylight hours within the Village of North Palm Beach; Shall be operated as close as practicable to the right hand curb or edge of the roadway, except when preparing to make a left -turn at an intersection or into a private road or driveway, at which time Supp. No. 52 1174 (7) Shall be operated only in a single file formation; motorized scooters shall not be operated abreast of each other; (8) Shall be walked across roadways and upon and along crosswalks; on such occasions, the motorized scooter operator shall have all the rights and responsibilities applica- ble to a pedestrian under the same cir- cumstances; (9) Shall be operated at all times with both of the operator's hands on the scooter's han- dlebars; (10) Shall not be operated unless the operator is, at all times, is wearing a helmet; (11) Shall only be operated with motors as equipped by the manufacturer; motorized scooter motors, exhaust systems or intake systems shall not be modified, amplified, or customized in any way; (12) Shall be operated at all times in accor- dance with all authorized traffic control devices. (c) Penalties for violation of motorized scooter regulations. Any person, firm, corporation or any other entity violating the provisions of this sec- tion shall be subject to a fine in accordance with section 1 -8 of the Code, or subject to any other lawful means of enforcement available to the village. (Ord. No. 14 -2003, § 1, 5 -8 -03; Ord. No. 03 -2004, § 1, 2- 26 -04) Secs. 18- 21- 18 -33. Reserved. i MOTOR VEHICLES AND TRAFFIC ARTICLE III. STOPPING, STANDING AND PARKING* Sec. 18 -34. Parking restricted. (a) Between the hours of 2:00 a.m. and 6:00 a.m. on streets where no curbing is provided, the parking of a vehicle shall not usurp more than twelve (12) inches of the paved portion of the street. (b) No person shall leave any truck, trailer, boat or any vehicle of a similar type parked upon any public street or highway within the village between the hours of 12:30 a.m. and 6:00 a.m. (c) No truck with a payload or carrying capac- ity (truck model rating) in excess of one -ton shall be parked upon a public street or highway inclu- sive of Swale area within the village; provided, however, commercial vehicles making deliveries or pickups or otherwise servicing residential, com- mercial or industrial property within the village shall have the right, if necessary, to temporarily park in such areas during normal business hours. (d) No truck with a payload or carrying capac- ity (truck model rating) in excess of one -ton shall be parked at any time upon private property within the village unless such truck is being utilized as part of an existing business on the private property; provided, however, commercial vehicles making deliveries or pickups or other- wise servicing residential, commercial or indus- trial property within the village shall have the right, if necessary to temporarily park upon pri- vate property during normal business hours. (e) The following vehicles shall not be parked overnight (from 11:00 p.m. to 7:00 a.m.) in any residential zoning district, unless parked within a fully enclosed garage: (1) Tractor trailers, and semi- trailer trucks; (2) Tow trucks, wreckers or flat bed vehicle carriers; (3) Commercial buses, school buses, or vans accommodating more than sixteen (16) passengers; *Cross reference — Parking near a fire station or hydrant restricted,§ 12 -2. Supp. No. 36 1175 (4) Dump trucks; § 1s -34 (5) Construction equipment and vehicles, in- cluding farm tractors, backhoes, front - end loaders, cranes, cement mixers, pitch buckets or similar items; (6) Step vans, panel trucks or other vehicles with rectangular bulk and a payload or carrying capacity in excess of one -ton; (7) Any vehicle used and designed for the commercial sale of food or beverages; (8) More than one (1) taxi, car service vehicle, or limousine; (9) Stretch limousines (i.e., any automobile, sport utility vehicle or van for hire, and of original manufacture or remanufacture, that exceeds a seating capacity of eight (8) persons); (10) Boom or bucket trucks; (11) Swamp buggies and half - tracks; (12) Tandem wheel pickup trucks (dooley type); and (13) Vehicles that exceed eight (8) feet in height, inclusive of attached equipment and ac- cessories. (f) In addition to the foregoing, vehicles with commercial advertising or markings that occupy more than ten (10) square feet of any given side of the vehicle shall not be parked overnight (from 11:00 p.m. to 7:00 a.m.) in any residential zoning district unless: (1) The vehicle is covered with a fitted vehicle cover specifically manufactured for that purpose; (2) The vehicle is parked within a fully en- closed garage or otherwise screened from view from adjacent properties and rights - of -way; or (3) The vehicle's commercial advertising or markings are completely covered by mag- § 18 -34 NOWTH PALM BEACH COIN!: f netic signs affixed to the vehicle that have no markings whatsoever and are the same color as the base paint of the vehicle. (Code 1970, §§ 24 -70, 39 -24; Ord. No. 4 -81, § 2, 3- 26 -81; Ord. No. 07- 2005, § 1, 5- 26 -05; Ord. No. 15 -2005, §§ 1, 2, 7- 14 -05; Ord. No. 2007 -19, §§ 2, 7, 12- 13 -07) Editor's note —Ord. No. 2007 -19, § 7, adopted Dec. 13, 2007, stated the following: "This Ordinance shall take effect on June 16, 2008 ". Sec. 18 -34.1. Vehicle, trailer or boat parking prohibited upon paved or un- paved area of the road right -of- way of specific roadways. The parking of any vehicle, trailer or boat is hereby prohibited upon the paved or unpaved area of the road right- of-way of those portions of the following described roadways located within the corporate limits of the Village of North Palm Beach, Florida: State Road A -1 -A; Prosperity Farms Road; U.S. Highway # 1 (SR #5); Northlake Boulevard; 800 Block of Lighthouse Drive; North side of Lighthouse Drive between Light- house Bridge and one hundred (100) feet east of the east right -of -way line of La- goon Drive; North Anchorage Drive from Eastwind Drive to U.S. #1 (SR #5); South Anchorage Drive and Eastwind Drive adjacent to the North Palm Beach Ele- mentary School property only during the period starting one (1) hour prior to and ending one (1) hour after published school hours inclusive; Southerly most four hundred (400) feet of the westerly road right- of-way of Castlewood Drive adjacent to the First Church of Christ Scientist. (Ord. No. 8 -92, § 1, 6- 25 -92; Ord. No. 25 -93, § 1, 10- 14 -93; Ord. No. 19 -96, § 1, 5- 23 -96; Ord. No. 9 -99, § 1, 2- 11 -99) Editor's note — Ordinance No. 8 -92, adopted June 25, 1992, did not specifically amend this Code; hence, inclusion of § 1 as § 18 -34.1 was at the discretion of the editor. Supp. No. 36 1176 Sec. 18 -35. Recreational, boating and camp- ing equipment and personal rec- reational use trailers; parking on residential property restricted. Recreational, boating and camping equipment in the form of travel and camping trailers, boats on trailers, boat trailers, motor homes, personal recreational use trailers including motorcycle and all terrain vehicle trailers and vans, designed and used exclusively as temporary living quarters for recreation, for boating, for camping, for travel or for other personal recreational use, may be parked in the side or rear yard, or within completely enclosed garages on sites containing a single family or duplex residence, subject to the follow- ing conditions: (1) A maximum of two (2) pieces of such equipment at a time shall be permitted on a site. (2) Such parking shall be limited to such equipment owned or leased by the occu- pant -owner or occupant - lessee of the site concerned. Exception: A guest of an occupant -owner or occupant - lessee may park this equip- ment in the front yard for not more than five (5) days in any fourteen -day period. (3) The location for such parked equipment shall be in the rear yard or in the side yard to the rear of a line established by the front building line adjacent to the side yard where the equipment is located; pro- vided, however, that on corner lots such equipment shall not be parked on the side yard which faces a public street. (4) Such equipment shall, at all times, have attached a current vehicle license plate. (5) When parked on the site, such equipment shall not be used for living or sleeping quarters or for housekeeping or storage purposes and shall not have attached thereto any water, sewer, electric or gas service connection. Exception: Guest equipment as defined in subsection (2). i 0 (7) (8) (9) MOTOR VEHICLES AND 'TRAFFIC Such equipment shall not exceed the max- imum length, width, height and weight permitted under applicable provisions of the motor vehicle laws of the State of Florida; provided, however, the maximum length shall not exceed thirty (30) feet and the maximum height shall not exceed ten (10) feet. Such equipment shall be secured so that it will not be a hazard or menace during high winds or hurricanes. At least four (4) hurricane ground anchors shall be avail- able at each site for each piece of equip- ment where such equipment is stored pursuant to this Code. All such equipment, when parked in the side yard, shall be visually screened from the view of properties adjacent to the side yard and street rights -of -way with an opaque wall, fence, gate or hedge to a height of six (6) feet and to the length and width of such equipment. When such equip- ment is parked in the rear yard of a corner lot, the equipment shall be visually screened from the view of the side street right -of -way. Such walls, gates or fences shall be constructed in accordance with section 45- 36(D). The village council finds that, as a matter of fact, recreational and camping equip- ment is a customary accessory use of the land in R -1 and R -2 zoning districts in the village. (10) Such parked equipment shall not be used in the course of any commercial activity. For this purpose, commercial activity shall include any type of business or activity which is conducted on or off the subject premises. (Code 1970, § 30 -1; Ord. No. 26 -72, § 1; Ord. No. 11 -79, § 1, 6- 14 -79; Ord. No. 27 -93, § 1, 12 -9 -93; Ord. No. 38 -97, § 1, 8- 28 -97; Ord. No. 33 -99, § 1, 10- 28 -99) Sec. 18 -36. Parking in violation of signs. It shall be unlawful, when signs have been erected giving notice thereof, to stop, stand or § 18 -38 park a vehicle in violation of signs regulating or prohibiting the stopping, standing or parking of vehicles. Sec. 18 -37. Violations; fines — Handicap spaces. The fine for stopping, standing or parking in handicap parking spaces in violation of F.S. sec- tions 316.1955, 316.1956 shall be in the amount of one hundred dollars ($100.00). (Ord. No. 32 -90, § 1, 8 -9 -90) Editor's note — Ordinance No. 32 -90, adopted Aug. 9, 1990, did not specifically amend this Code; hence, inclusion of § 1 as § 18 -37 was at the discretion of the editor. Sec. 18 -38. Same — Non - handicap spaces. The fine for stopping, standing and parking a vehicle in violation of provisions, other than hand- icap parking provisions, of this article shall be in the amount of twenty -five dollars ($25.00). (Ord. No. 40 -90„ § 1, 12- 13 -90; Ord. No. 5 -96, § 1, 1- 25 -96) Editor's note — Ordinance No. 40 -90, adopted Dec. 13, 1990, did not specifically amend this Code; hence, inclusion of § 1 as § 18 -38 was at the discretion of the editor. Supp. No. 36 1177 [The next page is 12251 l 1 ,�� 0 Chapter 29 TELECOMMUNICATIONS Supp. No. 21 1781 i/ TELECOMMUNICATIONS Sec. 29 -1. Title. This chapter shall be known and may be cited as the Village of North Palm Beach Telecommu- nications Ordinance. (Ord. No. 01 -2000, § 1, 2 -8 -01) Sec. 29 -2. Intent and purpose. It is the intent of the village to promote the public health, safety, and general welfare by pro- viding for the use of the public rights -of -way within the village, to adopt and administer rea- sonable regulations consistent with State and Federal Law, including F.S. §§ 337.401, 362.01, and 337.29(3), and the village's home -rule author- ity in accordance with the provisions of the Tele- communications Act of 1996, to provide for the payment of compensation and other consideration by a telecommunications service provider to the village for the cost of regulating and maintaining the public rights -of -way and for the privilege of using the public rights -of -way within the village for constructing and maintaining telecommunica- tions facilities, and to establish the reasonable regulations concerning the use of the public rights - of -way by all telecommunications service provid- ers after the effective date of this chapter. In regulating its public rights -of -way, the village shall be governed by and shall comply with all applicable federal, state and local laws and regu- lations. (Ord. No. 01 -2000, § 2, 2 -8 -01) Sec. 29 -3. Definitions. For the purpose of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsis- tent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural num- ber. The words "shall" and "will" are mandatory, and "may" is permissive. Words not otherwise defined herein or in any permit that might be granted hereunder shall be given the meaning set forth in the Communications Act of 1934, 47 U.S.C. § 151 et seq., as amended (collectively the "Communications Act "), and, if not defined therein, Supp. No. 21 1783 § 29 -3 as defined by Florida Statute; and, if not defined therein, be construed to mean the common and ordinary meaning. Gross receipts shall mean all cash, credits or property of any kind or nature, with deductions for bad debt expense, reported as revenue items to the registrant's audited income statements aris- ing from, or attributable to recurring local service revenues of registrant within the village. The village reserves the right to amend the definition contained herein as permitted by applicable law. The definition herein shall not be applicable as of October 1, 2001; or such other date as provided by law, provided that F.S. § 337.401, is amended effective October 1, 2001, as set forth in Chapter 00 -260, Laws of Florida, 2000. Law means any local, state or federal legisla- tive, judicial or administrative order, certificate, decision, statute, constitution, ordinance, resolu- tion, regulation, rule, tariff, guideline or. other requirements, as amended, now in effect or sub- sequently enacted or issued including, but not limited to, the Communications Act of 1934, 47 U.S.C. § 151 et seq. as amended by the Telecom- munications Act of 1996, Pub L. No. 104 -104 § 101(a), 110 Stat. 70 codified at 47 U.S.C., and all orders, rules, tariffs, guidelines and regulations issued by the Federal Communications Commis- sion or the governing state authority pursuant thereto. Person means any individual, corporation, part- nership, association, joint venture, estate, trust, syndicate, fiduciary, organization or legal entity of any kind, and any lawful trustee, successor, assignee, transferee or personal representative thereof, and all other groups or combinations. PSC means the Florida Public Service Commis- sion. Public rights -of -way means the surface, the airspace above the surface and the area below the surface of any public street, highway, road, bou- levard, concourse, driveway, freeway, thorough- fare, parkway, sidewalk, bridge, tunnel, court, lane, path, alley, way, drive, circle, public ease- ment, public place, or any other property for which the village is the authority that has juris- diction and control and may lawfully grant access § 29 -3 NORTH PALM BEACH CODE to such property pursuant to applicable law. "Pub- lic rights -of -way" shall not include any real or personal village property except as described above and shall not include village buildings, fixtures, and other structures or improvements, regardless of whether they are situated in the public rights - of -way. . Recurring local service revenues means reve- nues from the monthly recurring charges for local service, including but not limited to: (1) Recurring basic area revenues derived from the provision of flat -rated basic area services;. (2) Recurring optional extended area reve- nues derived from the provision of op- tional extended area services; (3) Local private line revenues derived from local services which provide communica- tion between specific locations, either through dedicated circuits, private switch- ing arrangements, predefined transmis- sion paths, whether virtual or physical, or any other method of providing such ser- vices; (4) Revenues from the sale of local services for resale; and (5) Other local service revenues from the provision of secondary features that are integrated with the telecommunications network, including, without limitation, ser- vices such as call forwarding, call waiting, and touchtone line service. Except as provided herein, revenues from all recurring local services provided by a registrant over a telecommunications facility or system in the public rights -of -way shall constitute Recur- ring Local Service Revenues subject to this chap- ter. Recurring local service revenues do not in- clude revenues from: Toll charges for the transmission of voice, data, video, or other information; Access charges paid by carriers for origi- nation and/or termination of toll tele- phone service as defined in F.S. § 203.012(7),or other charges required by Supp. No. 21 1784 the Federal Communications Commission which are directly passed through to end users; • Interstate service; • Ancillary services such as directory adver- tising, directory assistance, detailed bill- ing services, inside wire maintenance plans, bad check charges, and non - recurring charges for installation, move, changes or termination services; • Cellular mobile telephone or telecommu- nications services; or specialized mobile telephone or telecommunications service; or specialized mobile radio, or pagers or paging service, or related ancillary ser- vices; • Public telephone charges collected on site; • Teletypewriter or computer exchange ser- vices as defined in F.S. § 203.012(6); or • Local message rated (message, unit or time basis) and minutes of use charges in excess of the minimum flat -rated charges for similar services. This definition shall not be applicable as of Octo- ber 1, 2001, or such other date as provided by law, provided that Section 337.401, Florida Statutes is amended effective October 1, 2001, as set forth in Chapter 00 -260, Laws of Florida, 2000. Registrant or facility owner shall mean a tele- communications company or other person which seeks to use or occupy the public rights -of -way that has registered with the village in accordance with the provisions of this chapter. Registration and register shall mean the pro- cess described in section 29 -4 whereby a telecom- munications service provider provides certain in- formation to the village. Telecommunications company has the meaning set forth in F.S. § 364.02(12), as amended. The term "telecommunications company" does not in- clude an open video system or a cable service provider. Telecommunications facilities, facilities or sys- tems means any facility, equipment or property, including, but not limited to, cables, conduits, '1 FLECOMMUNIGNPIONS converters, splice boxes, cabinets, handholes, man- holes, vaults, equipment, drains, surface location markers, appurtenances, located, to be located, used, or intended to be used, in the public rigllts- of -way of the village to transmit, convey, route, receive, distribute, provide or offer telecommuni- cations services. As of October 1, 2001, the term "communications" shall be substituted for "tele- commuriications ", provided that F.S. § 337.401., is amended effective October 1., 2001, as set forth in Chapter 00 -260, Laws of Florida, 2000. Telecominun.ications service shall include, with- out limitation, the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by and through electronic, radio, satellite, cable optical, microwave, or other me- dium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. "Telecommunica- tions service," as contemplated herein, does not include the provision of service via an open video system or a cable service which shall require separate authorizations from the village. As of October 1, 2001, the term "co.rnmunications" shall be substituted for "telecommunications ", provided that F.S. § 337.401, is amended effective October 1, 2001, as set forth in Chapter 00 -260, Laws of Florida, 2000. Telecornm tin ica.tions service provider shall re- fer to any person making available or providing telecommunications services, as defined herein, through the use of a telecommunications facility in the public rights -of -way. As of October 1., 2001., the term "communications" shall be substituted for "telecommunications," provided that F.S. § 337.401, is amended effective October 1, 2001, as set forth in Chapter 00 -260, Laws of Florida, 2000. Village means the Village of North Palm Beach, an incorporated municipality of the State of Flor- ida, in its present form or in any later reorga- nized, consolidated, or enlarged form. (.Ord. No. 01- 2000, § 3, 2 -8 -01) Sec. 29 -4. Registration. (a) Each telecommunications service, provider that desires to place, erect, construct, install, locate, maintain, repair, extend, expand, remove, Supp. No. 33 1785 i 29 -4 or relocate any telecommunications facilities in, under, over or across any public right -of-way in the village shall be considered to be using or occupying the rights -of -way and shall be required to register with the village in accordance with the terms of this chapter. (b) Any telecommunications service provider, desiring to use the public right -of -way shall file a registration with the village which shall include the following information: (1) Identity of the applicant and name, ad- dress and telephone number of applicant's primary contact person in connection with the registration; (2) A statement of whether the applicant is or expects to be a local service provider and /or a toll service provider, for registrations submitted prior to October 1, 2001; (3) Evidence of the insurance coverage re- quired. under this chapter and acknowl- edginent that registrant has received and reviewed a copy of this chapter; (4) A copy of Federal and /or state certifica- tion authorizing the applicant to provide telecommunications services. (5) A security fund in accordance with this chapter.. (c) The village will review the infbrinatiori submitted by the applicant. Such review will be by the village manager or his or her designee. if the applicant submits information in accordance with subsection (b) of this section, the registration shall be effective and the village shall notify the applicant of the effectiveness of registration in writing. If the village determines that the infor- mation has not been submitted in accordance with subsection (b) of this section, the village shall notify the applicant of the non- effectiveness of registration, and reasons for the non- effective- ness, in writing. The village shall so reply to an applicant within thirty (30) days after receipt of registration information from the applicant. A Registrant may cancel a. registration upon writ- ten notice to the village noticing that it will no longer maintain. facilities in the public rights-of- way and will no longer need to pull pertnits to perform work in public right-of-way. Within thirty § 29 -4 NORTH. PALM. BEACH CODE (30) days of any change in the information re- quired to be submitted pursuant to subsection (b) of this section, registrant shall provide updated information to the village. (d) A registration shall not convey title, equi- table or legal, in the public right -of -way. Regis- trants may only occupy public rights-of-way for telecommunications facilities. Registration does not excuse a telecommunications provider from obtaining appropriate access or pole attachment before locating its facilities on another person's facilities. Registration does not excuse a provider from complying with all applicable village ordi- nances, including this chapter. (e) Each application for registration or trans- fer shall be accompanied by a non - refundable application fee in the amount of eight hundred dollars ($800.00). The fee amount shall be equal to the village's costs and expenses incurred in connection with approving the registration or transfer. If the application fee is insufficient to cover all costs or expenses incurred by the village in connection with approval of the registration or transfer the applicant shall reimburse the village for any such costs and expenses in excess of the application f'ee. Fee amounts, may be amended from time to time, by resolution of the village council. This application fee may be credited against fees due under section 29 -5. (f) Registration with the village shall be nonexclusive. Registration. does not establish any priority for the use of the public right -of -way by a registrant or any other registrants. Registrations are expressly subject to any future amendment to or replacement of this chapter and further subject to any additional village ordinances, as well as any state or federal laws that may be enacted during the term of the registration. (Ord. No. 01- 2000, § 4, 2 -8 -01) Sec. 29 -5. Fees and payments. (a) In consideration for the rights, privileges and permission granted hereunder, a registrant hereunder shall pay to the village annually a sum equal to one (1) percent of gross receipts of the registrant on recurring local service revenues for services provided. within the corporate limits of the village. Included within such one (1) percent Supp. No. 33 1.786 maximum fee or consideration are all taxes, li- censes, fees, in -kind contributions accepted pur- suant to F.S. § 337.401(5), and other impositions except ad valorem taxes and. amounts for assess- ments for special benefits, such as sidewalks, street pavings, and similar improvements, and business taxes levied or imposed by the village upon a registrant. In the event that applicable law currently permits or is amended to permit the village to collect a fee higher than one (1) percent, or permits the village to calculate the fee on revenues not specified herein, the registrant shall pay, following written notice from the village, its fee payments to the village to that higher amount on the effective date of such law. In the event applicable law is amended to require the village to collect a fee lower than the current statutory limit, the village shall take all necessary steps to conform the requirements hereof' to applicable law. All of the aforestated payments shall be made to the village quarterly, with such payments made within twenty (20) days following the end of each calendar quarter. Payments received after the due date stated herein shall be subject to interest in accordance with the interest rate identified. in F.S. § 55.03, or its successors. (b) A registrant, that makes physical use of the public rights-of-way, and who is not providing telecommunications services as defined in F.S. § 203.012(3), as a condition for. occupying or using the public rights -of way shall pay to the village annually no less than five hundred dollars ($500.00) per linear mile of any cable, fiber optic, or other pathway that makes physical. use of the public rights- of-way. The village may adopt additional fees or other consideration, provided that any fee or other consideration imposed by the village in excess of five hundred dollars ($500.00) per linear mile shall be applied in a nondiscrirninatoa•,y Mari- ner and shall not exceed. the sum. of'. (1) Costs directly related to the inconve- nience or impairment solely caused by the disturbance of the public rights -of -way; (2) The reasonable cost of the regulatory ac- tivity of the village; and (3) The proportionate share of cost of land for such street, alley or other public way TELECOMMUNICATIONS attributable to utilization of the public rights-of'-way by a telecommunications ser- vice provider. The fee or other consideration imposed pursu- ant to this subsection shall not apply in. any manner to any telecornmunicat:ions company which provides telecommunications services as defined in. F.S. § 203.01.2(3), for any services provided by such telecommunications company. (c) Notwithstanding anything herein to the contrary, the village shall at all times hereby require the maximum compensation allowed un- der applicable law. (d) Except to the extent prohibited by applica- ble law: (1) The fee payments to be made pursuant to this Section shall not be deemed to be in the nature of a tax; (2) Such The payments shall be in addition to any and all taxes of a general applicabil- ity; (3) A registrant shall not have or make any claim fbr any deduction or other credit of all or any part of the amount of said fee payments from or against any of said village taxes or other fees or charges of general applicability which registrant is required to pay to the village, except as required. by law; and (4) The fee specified herein is the consider- ation for use of the public rights -of -way, including all public casements, for the purpose of installing and maintaining a telecommunications facility. (e) The payments required. under this section shall not apply as of October. 1., 2001; or such other date as provided by law, provided that F.S. § 337.401, Florida Statutes is amended effective October_ 1., 2001., as set forth in Chapter 00 -260, Laws of Florida, 2000. (Ord. No. 01 -2000, § 5, 2 -8 -01; Ord. No. 2006 -28, § 9, 12- 14 -06) Supp. No. 33 1787 Sec. 29 -6. Reports and records. 29-6 (a) The village may, at its option, upon sixty (60) days notice to the registrant, but in no event more often than once per year, examine the records and accounting files, and such other books and records, if such records relate; to the calculation of fee payments. The examination of such books, accounts, records or other materials necessary for determination of compliance with the terms, pro- visions, and requirements of this chapter shall be during regular hours of business of the registrant at an office of the registrant located within the county, or at another location satisfactory to the village. In the event that the village, pursuant to an audit, determines that there exists a discrep- ancy in the amount paid and the amount owed to the village by the registrant in excess of two (2) percent, registrant shall pay all reasonable costs, fees and expenses of the audit. This paragraph shall not apply for periods after October 1, 2001., or such other date as provided by law, provided that F.S. § 337.401, is amended effective October 1, 2001, as set forth in Chapter 00 -260, Laws of Florida, 2000. (b) Upon reasonable request, a registrant shall provide the following documents to th.e village as received or filed: (1) Any pleadings, petitions, notices, and doc- uments, regarding any legal proceeding involving any provisions of this chapter which are reasonably necessary f.'or the village to protect its interests under this chapter. (2) Any request fir protection under bank- ruptcy laws, or any.judgment related to a declaration of bankruptcy. (3) Nothing in this section shall affect the remedies the .registrant has available un- der applicable law. (c) In addition, the village may, at its option, and. upon reasonable notice to the registrant, inspect the facilities in the public rights- of-way to ensure the safety of its residents. (d) The village shall keep any documentation, books and records of the registrant; confidential to the extent required under Florida Statutes. (Ord. No. 01- 2000, § 6, 2- 8 -01) § 29 -7 NOTVPL1 PALM BEACH CODE 1 Sec. 29 -7. Underground installation; reloca- tion. (a) To the extent required by applicable village rules and regulations and not inconsistent with applicable PSC rules and. regulations, a regis- trant shall install its facilities underground. (b) Every registrant which places or constructs telecommunications facilities underground shall maintain appropriate participation in the re- gional notification center for subsurface installa- tions. (c) Any telecommunications facilities hereto - fore or hereafter placed upon, under, over, or along any public rights -of -way that is found by the village to be unreasonably interfering in any way with the convenient, safe or continuous use or the maintenance, improvement, extension or expansion of such public rights -of -way shall, upon written notice to the registrant or its agent, be removed or relocated, within thirty (30) days of such notice, by such registrant at its own expense in accordance with F.S. § 337.403. The village manager may extend the time within which a registrant shall remove or relocate a telecommu- nications facility, for good cause shown.. (d) The registrant shall not in any way dis- place, damage, or destroy any facilities, including, but not limited to, gas, sewer, water main, pipe, cable, conduit, fiber optic, or other pathway or any other facilities belonging to the village. The registrant shall be liable to the village fbr the costs of any repairs made necessary by any such displacement, damage or destruction, of facilities belonging. to the village, and the registrant shall pay such costs upon demand. In the case of an emergency, the village may commence repairs without any prior notice to the registrant. The term emergency shall mean a condition that may affect the public's health, safety or welfare. In the event of an emergency the village may cause the repairs to be made at the facility- owner's expense, utilizing village employees, agents or contractors, charge any and all costs, and require reimburse- ment within thirty (30) days after the submission of the bill by the village to the registrant. In all other non - emergency circumstances, the regis- trant shall be given prior written notice. If such repairs are not performed in a reasonable and. Supp. No. 33 1788 satisfactory manner within the thirty (30) calen- dar days after receiving notice, the village may, cause the repairs to be made at the facility - owner's expense, utilizing village employees, agents or contractors, charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the village to the registrant. (e) Subject to F.S. § 337.403, whenever an order of the village requires such removal or change in the location of any telecommunications facility from the public rights -of -way, and the facility owner fails to remove or change the same at its own expense to conform to the directive within the time stated in the notice, the village may proceed to cause the telecommunications facility to be removed. The expense thereby in- curred except as provided in F.S. § 337.403(1)(a)— (c), shall be paid out of any money available therefor, and such expense shall be charged against the owner of the telecommunications facility and levied, collected and paid to the village. (f") Subject to F.S. § 337.404, whenever it shall be necessary for the village to remove or relocate any telecommunications facility, the owner of the telecommunications facility, or the owner's chief agent, shall be given written. notice of such re- moval or relocation. and an order. requiring the payment of the costs thereof, and shall be given reasonable time, which shall not be less than twenty (20) nor more than thirty (30) days in which to file an appeal with the village council to contest the reasonableness of the order. Upon receipt of a written appeal, the village council shall place the matter on the council's agenda for consideration within forty-five (45) working days. Should the owner or the owner's representative not appear, the determination of the cost to the owner shall. be final, in accordance with F.S. § 337.404. (g) To the extent permitted by law, a final order of the village shall constitute a lien on any property of the owner and may be enforced by filing an authenticated copy of the order in the office of the cleric of the circuit court of the county wherein the owner's property is located. TELECOMMUNICATIONS (h) The village retains the right and privilege to cut or move any facilities located within the public rights-of-way of the village, as the village manager in his/her reasonable discretion may determine to be necessary, appropriate or useful in response to any public health or safety emer- gency. If circumstances permit, the village shall Supp. No. 33 178£1.1 § 29 -7 i TELECOMMUNICATIONS attempt to notify the owner of the facility, if known, prior to cutting or removing a facility and shall notify the owner of the facility, if known, after cutting or removing a facility. (i) Upon abandonment of a facility within the public rights -of -way of the village, the owner of the facility shall notify the village within ninety (90) days. Following receipt of such notice, the village may direct the facility owner to remove all or any portion of the facility if the village deter- mines that such removal will be in the best interest of the public health, safety and welfare. In the event that the village does not direct the removal of the abandoned facility by the owner of the facility and the facility owner chooses not to remove its facilities, then such owner, by its notice of abandonment to the village, shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person. (Ord. No. 01 -2000, § 7, 2 -8 -01) Sec. 29 -8. Use of rights -of -way. (a) A facility owner agrees at all times to comply with and abide by all applicable provi- sions of the state statutes and local laws includ- ing, but not limited to, applicable zoning regula- tions not inconsistent with state and federal laws. (b) Except in the case of an emergency, which shall include without limitation an out of service condition affecting 911 service, and which shall require subsequent notification to the village, no telecommunications service provider shall con- struct any facility on, over, above., along, upon, under, across, or within any public right -of -way which disrupts the public rights -of -way without first filing an application with and obtaining a permit from the village therefor, pursuant to applicable permitting requirements of the village, and other applicable village Code requirements, except as otherwise -provided in this chapter. In case of the repair or maintenance of an existing facility, the village may impose lesser require - ments than those set forth herein. Unless other- wise required by the village Code, no permit shall be required for installation and maintenance of Supp. No. 21 1789 § 29 -8 service connections to customers' premises where there will be no disruption of the public rights -of- way. (c) As part of any permit application, with respect to new or existing facilities, where appli- cable, in the public rights -of -way, the registrant shall provide a proposal for construction of the telecommunications facility that sets forth at least the following: (1) An engineering plan signed and sealed by a Florida Registered Professional Engi- neer or prepared by a person who is exempt from such registration require- ments as provided in F.S. § 471.003, iden- tifying the location of the proposed facil- ity, including a description of the facilities to be installed, where it is to be located, and the approximate size of facilities and equipment that will be located in, on, over, or above the public rights -of -way. (2) A description of the manner in which the system will be installed (i.e. anticipated construction methods and/or techniques), the time required to construct the system, a maintenance of traffic plan for any disruption of the public rights -of -way, in- formation on the ability of the public rights -of -way to accommodate the pro- posed system, if available (such informa- tion shall be provided without certifica- tion as to correctness, to the extent obtained from other users of the public rights -of- way), and, if appropriate given the system proposed, an estimate of the cost of resto- ration to the public rights -of -way. Such plan shall include the timetable for con - struction for each phase of the project, and the areas of the village which will be affected. (3) The village may request such additional information as it finds reasonably neces- sary to review an application for a permit to perform work in the , public rights -of.- way. (d) To the extent not otherwise prohibited by state or federal law, the village shall have the power to prohibit or limit the placement of new or additional facilities within the public rights -of- § 29 -8 NORTH PALM BEACH CODE way, if there is insufficient space to accommodate all of the requests to occupy or use the rights -of- way, for the protection of existing facilities in the public rights -of -way, or for village plans for public improvements which have been determined by the village to be in the public interest. (e) All facilities shall be installed, located and maintained so as not to unreasonably interfere with the use of the public rights -of -way by the public and to cause unreasonable interference with the rights and convenience of property own- ers who adjoin any of the public rights -of -way. The registrant shall be liable for costs and ex- penses for the displacement, damage or destruc- tion of any irrigation system or landscaping within the public rights -of -way, to the extent not covered by the construction bond. In the event the regis- trant fails to make the appropriate repairs, to restore such property to as good a condition as existed prior to commencement of work, the af- fected property owner may file a complaint with the village manager or a designee. In this in- stance, the registrant shall be given prior written notice of the necessary repairs by the village manager or the designee. If such repairs are not performed in a reasonable and satisfactory man - ner within the thirty (30) calendar days after receiving notice, the village may cause the repairs to be made at the facility- owner's expense, utiliz- ing village employees, agents or contractors, charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the village to the registrant. After thirty (30) days, the village may obtain reimbursement from the security fund. The "prior written notice" described in this paragraph shall be considered a final written decision for purposes of the appel- late rights outlined in subsection (p) of this sec- tion. (f) The use of trenchless technology (i.e., direc- tional bore method) for the installation of facili- ties in the public rights -of -way as well as joint trenching and/or the co- location of facilities in existing conduit is strongly encouraged, and should be employed wherever possible. (g) The village may issue such additional rules and regulations concerning the placement and maintenance of a telecommunications facility in Supp. No. 21 1790 the public rights -of -way, as may be consistent with applicable law and not inconsistent with this chapter. (h) All safety practices required by applicable Law or accepted industry practices and standards shall be used during construction, maintenance, and repair of the telecommunications facilities. (i) In the event that at any time during the term of the rights granted herein the village shall lawfully elect to alter, or change the grade of, any public rights -of -way, upon reasonable notice by the village, the registrant shall make any neces- sary removals, relaying and relocations of its telecommunications facilities at its own expense, in accordance with applicable law. 0) A facility owner shall obtain any and all required permits and pay any and all required fees before commencing any construction on or otherwise disturbing any public rights -of -way as a result of its construction, except as provided herein. The facility owner shall, at its own ex- pense, restore such property to as good a condi- tion as existed prior to commencement of work. A registrant shall guarantee its restoration for a period of twelve (12) months after the completion of such restoration. If such restoration is not performed in a reasonable and satisfactory man- ner within thirty (30) calendar days after the completion of construction, the village may, after prior written notice to registrant, cause the re- pairs to be made at the facility's owner expense, utilizing,village employees, agents or contractors, charge any and all costs, and require reimburse- ment within thirty (30) days after the submission of the bill by the village to the registrant. A permit from the village constitutes authorization to un- dertake only certain activities on public rights -of- way in accordance with this chapter, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the public rights -of -way. (k) All ongoing installation, construction and maintenance of a telecommunications facility lo- cated in the public rights -of -way shall be subject to the village's periodic inspection, upon no less than three (3) days written notice to the facility owner, for compliance with this chapter, or any applicable provisions of the village Code. r r TELECOMMUNICATIONS (1) A facility owner shall not place its facilities so as to interfere unreasonably with any other person lawfully using the public rights -of -way of the village. (m) A facility owner shall cooperate with the village by providing timely and complete informa- tion requested under this subparagraph. Upon completion of any installation or construction of new facilities in public right -of -way, at no cost to the village, the facility owner shall provide such information, as may be requested, showing the exact location of its facilities and structures, in- cluding but not limited to, as -built plans, maps, geographical information systems, plats, construc- tion documents, drawings and any other informa- tion the village may find reasonably necessary. Such plans shall be provided in digitized format showing the two - dimensional location of the facil- ities based on the village's geographical database datums, or other format acceptable to the village manager. All information required by this section shall be maintained in accordance with F.S. §`202.195. (n) Suspension or denial of permits. Subject to subsection (p) below, the village manager or a designee may suspend or deny a permit for work in the public rights -of -way for one (1) or more of the following reasons: (1) Violation of permit conditions, including conditions set forth in this chapter or other applicable provisions of the village Code or regulations governing use of pub - lic rights -of -way; or (2) Misrepresentation or fraud by registrant in a registration or a permit application to the village; or (3) Failure to relocate or remove facilities as may be lawfully required by the village; or (4) Failure of registrant, its employees, agents or subcontractors, in connection with the subject permit, to: a. Place barricades or signs around the work, area; b. Take reasonable safety precautions to alert the public of work at the work site; or Supp. No. 21 1791 § 29 -8 C. Repair, replace and restore any side- walk, street, alley, pavement, water, sewer 'orA other utility line or appur- tenance, soil, landscaping, dirt or other improvement, property or struc- ture of any nature. In the event of such failure, the village may perform the work utilizing village employees, agents or contractors, charge any and all costs, and require reimburse- ment within thirty (30) days after the submission of the bill by the village to registrant. . (o) Immediately after the suspension or denial of permit pursuant to this section, the village shall provide written notice of the violation, which notice shall contain a description of the violation. A final written decision .of the village manager suspending a permit or denying an application for a registration is subject to appeal. Upon correc- tion of any violation that gave rise to a suspension or denial of permit, the suspension or denial shall be lifted. (p) An appeal must be filed with the village within thirty (30) days of the date of the final, written decisions to be appealed. Any appeal not timely filed' as set forth above shall be waived. The village council shall hear the appeal no later than forty five (45) days from the end of the thirty (30) day appeal period, unless waived by the registrant. (q) In the event registrant desires to use its existing facilities or to construct new facilities for the purpose of providing other utility or non- utility services to existing or potential consumers, by providing cable services, or any other services other than the provision of telecommunications service, or for providing any other use to existing or potential consumers, a registrant shall seek such additional and separate authorization from village for such activities as may required by applicable law. In the event that a registrant is acting in its proprietary function as a retail pro- vider of telecommunications equipment or appli- ances, registrant shall seek the appropriate per- mits and licenses from the village. § 29 -8 NORTH PALM BEACH CODE (r) To the extent that any person or registrant leases or otherwise uses the facilities of an entity that is duly registered or otherwise authorized to place and maintain facilities in the public rights - of -way of the village, the person or registrant shall make no claim, nor assert any right, which will impede the lawful exercise of the village's rights, including requiring the removal of such facilities from the public rights -of -way of the village, regardless of the effect on the persons ability to provide service or on the registrant's ability to maintain its own telecommunications facilities in the public rights -of -way of the village. Any person or registrant leasing or otherwise using the facilities of a registrant or other entity authorized to place and maintain facilities in the public rights -of -way, may provide the village with notice of its use of such facilities, describing the location of the facilities used and providing the village with an address to which notices from the village should be sent. In the event the village exercises its lawful authority to require the re- moval or relocation of any such facilities, under this provision, such person or registrant leasing or otherwise using the facilities of a registrant or other entity authorized to place and maintain facilities in the public rights -of -way, shall receive notice from the village of such removal or reloca- tion of such facilities. The failure of the village to provide notice, under this paragraph, shall not render the village's actions under this paragraph invalid. (Ord. No. 01 -2000, § 8, 2 -8 -01) Seca 29 -9. Involuntary termination of regis- tration. The involuntary termination of a registration may only be accomplished by an action of the village council. The village may declare the reg- istration terminated and revoke and cancel all privileges granted under that registration if: A federal or state authority suspends, denies, or revokes a registrant's certifica- tion to provide telecommunications ser- vice; The registrant's use of the public right -of- way presents an extraordinary danger to the general public or other users of the right -of -way; or Stapp. No. 21 1792 The registrant abandons all of its facili- ties. Prior to such termination by the village result- ing from a violation of any of the provisions of this section, the registrant shall be notified by the village manager with a written notice setting forth all matters pertinent to such violation, and describing the action of the village with respect thereto. The registrant shall have sixty (60) days after receipt of such notice within which to cure the violation, or within which to present a plan, satisfactory to the village council, to accomplish the same. In the event of an emergency, the village may take appropriate action in accordance with section 29 -7(d) of this chapter. In the event of a vote by the village council to terminate, the registrant shall, within a reasonable time follow- ing such termination remove or abandon the facilities and take such steps as are necessary to render every portion of the facilities remaining within the public right -of -way of the village safe. If the registrant has either abandoned its facili- ties or chooses to abandon its facilities, the village may either: Require the registrant's bonding company to remove some or all of the facilities from the public right -of -way and restore the public right -of -way to its proper condi- tion; or The village may require that some or all of the facilities be removed and the public right -of -way restored to its proper condi- tion at the registrant's expense, utilizing village employees, agents or contractors, and charge any and all costs, and require reimbursement. The obligations of the registrant and the bond- ing company hereunder shall survive, for a period of twenty four (24) months from, the termination of the registration. In the event of a termination of registration, this provision does not permit the village to cause the removal of any facilities that are used to provide another service for which the registrant holds a valid certification with the governing federal and state telecommunications agencies and is properly registered with the vil- lage, for such certificated service, under this chap- ter. (Ord. No. 01- 2000, § 9, 2 -8 -01) d TELECOMMUNICATIONS Sec. 29 -10. Compliance with other laws; po- lice power. A facility owner shall at all times be subject to and shall comply with all applicable federal, state and local laws. A facility owner shall at all times be subject to all lawful exercises of the police power of the village, to the extent not inconsistent with applicable .laws. (Ord. No. 01 -2000, § 10, 2 -8 -01) Sec. 29 -11. Transfer of control; sale or assign- ment. (a) If the registrant transfers or assigns its registration incident to a sale or other transfer of the registrant's assets, the transferee or assignee shall be obligated to comply with the terms of this chapter. Written notice of any transfer, sale or assignment shall be provided to the village within twenty (20) days of the effective date of the transfer, sale or assignment. In order for the transfer of registration to be effective, the trans- feree or assignee must comply with the registra- tion requirements under section 29 -4 of this chap- ter. (b) Notwithstanding anything in this chapter, pledges in trust or mortgages or other hypotheca- tions of the assets of the registrant to' secure the construction, operation or repair of its telecommu- nications facilities may be made to any person without notice to the village. Any mortgage, pledge, lease or other encumbrance of the telecommuni- cations facilities shall be subject and subordinate to the rights of the village by virtue of this chapter or other applicable law. (Ord. No. 01- 2000, § 11, 2 -8 -01) Sec. 29 -12. Insurance; surety; indemnifica- tion. (a) A facility owner shall at all times maintain the following liability insurance coverage insur- ing the registrant and naming the village, its officers, boards, council, council members, agents and employees as an additional insured: worker's compensation and employer liability insurance to meet all requirements of Florida law and commer- cial general liability insurance with respect to the construction, operation and maintenance of the Supp. No. 21 1793 § 29 -12 telecommunications facilities, and the conduct of registrant's business in the village, in the mini- mum `amounts of: (1) Two million dollars ($2,000,000.00) com- bined single limit commercial general lia- bility. (b) All insurance policies shall be with sureties qualified and admitted to do business in the state; shall be with sureties with a minimum rating of A -V in Best's Key Rating Guide, Property /Casu- alty Edition or higher except as provided in sub- section (d) of this section. The village may require coverage and amounts in excess of the above minimums where necessary to reflect changing liability exposure and limits or where required by law. A registrant may provide a portion of the insurance coverage required by subsection (a) of this section through excess or umbrella policies of insurance and where such policies are in a form acceptable to the village's fisk manager. (c) A registrant shall keep on file with the village certificates of insurance which certificates shall indicate that the village, its officers, boards, council, council members, agents and employees are listed as additional insureds. In the event of a potential claim such that the village claims insur- ance coverage, the facility owner shall immedi- ately respond to all reasonable requests by the village for information with respect to the scope of the insurance coverage. (d) The certificates of insurance shall further provide that any, cancellation or reduction in coverage shall not be effective unless 30 -days' prior written notice thereof has been given to the village. A registrant shall not cancel any required insurance policy without submission of proof that the registrant has obtained alternative insurance satisfactory to the village which complies with this chapter. A registrant that elects to self - insure all or a portion of the insurance coverage and limit requirements required by this section is not required, to the extent of such self - insurance, to comply with the requirement for the naming of additional insureds under this section. A regis- trant that elects to self - insure shall'provide to the village evidence sufficient to demonstrate its fi- nancial ability to self - insure the insurance cover- age and limit requirements required under this § 29 -12 NORTH PALM BEACH CODE 1 section, such as evidence that the registrant is a "private self insurer" under the Workers Compen- sation Act. For purposes of this section, "self - insure" shall also include a registrant which in- sures through a "captive insurer" as defined in F.S. § 628.901. (e) A registrant shall, at its sole cost and expense, release, indemnify, hold harmless, and defend the village, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and ex- penses sustained by the village, arising out of the construction, maintenance or operation of its tele- communications system or facilities in the public rights -of -way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this chapter, provided, however, that a facility owner's obligation hereunder shall not extend to any claims caused by the negligence of the village. Village agrees to notify the regis- trant, in writing, within a reasonable time of the village receiving notice, of any issue it determines may require indemnification. Nothing in this sec- tion shall prohibit the village from participating in the defense of any litigation by its own counsel and at its own cost if in the village's reasonable belief there exists or may exist a conflict, poten- tial conflict or appearance of a conflict. Nothing contained in this provision shall be construed or interpreted: (1) As denying to either party any remedy or defense available to such party under the laws of the State of Florida; and (2) As a waiver of sovereign immunity be- yond the waiver provided in F.S. § 768.28. (Ord. No. 01 -2000, § 12, 2 -8 -01) Sec. 29 -13. Construction bond. (a) Except in the case of an emergency, which shall include without limitation an out of service condition affecting 911 service, prior to perform- ing any work in the public rights -of -way, a regis- trant may be required to establish in the village's favor a construction bond in an amount specified in an engineering permit or other authorization as necessary to ensure the registrant's faithful performance of the construction in the public Supp. No. 21 1794 rights -of -way, in accordance with applicable sec- tions of the village Code. The amount of the construction bond shall be as set forth in the engineering permit, and may be modified in the village manager's reasonable discretion, based on the cost of the restoration to take place in the public rights -of -way, and any previous history of the registrant concerning restoration within the public rights -of -way of the village. (b) In the event a registrant subject to such a construction bond fails to complete the work in a safe, timely and competent manner in accordance with the provisions of the permit, there shall be recoverable, jointly and severally from the princi- pal and surety of the bond, any damages or loss suffered by the village as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any prop- erty of the registrant, or the cost of completing the work, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. (c) Twelve (12) months after completion of the construction and satisfaction of all obligations in accordance with the bond, the village shall elim- inate the bond. Notwithstanding, the village may require a new bond for any subsequent work performed in the public right -of -way. (d) The construction bond shall be issued by a surety having a minimum rating of A -1 in Best's Key Rating Guide, Property /Casualty Edition; shall be subject to the approval of the village attorney; and shall provide that: "This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the vil- lage, by certified mail, return re- ceipt requested, of a written no- tice from the issuer of the bond of intent to cancel or not to renew." (e) The rights reserved by the village with respect to any construction bond established pur- suant to this section are in addition to all other rights and remedies the village may have under this chapter, or at law or equity. (f) The rights reserved to the village under this section are in addition to all other rights of the village, whether reserved in this chapter, or au- TELECOMMUNICATIONS thorized by other law, and no action, proceeding or exercise of a right with respect to the construe - tion bond will affect any other right the village may have. (Ord. No. 01 -2000, § 13, 2 -8 -01) Sec. 29 -14. Security fund. At the time of the registrant's application, the registrant shall file with the village, for village approval, a cash security, a bond, or irrevocable letter of credit, in the sum of twenty -five thou- sand dollars ($25,000.00), in a form acceptable to the village attorney. The reputation and economic stability of the company presenting a bond or irrevocable letter of credit must be approved by the village attorney. The cash security, bond, or irrevocable letter of credit, shall be to secure the full and faithful performance by the registrant of all requirements, duties and obligations imposed upon registrant by the provisions of this chapter, and to pay any taxes, fees or liens owed to the village. The bond or irrevocable letter of credit shall be furnished annually, or as frequently as necessary, and shall provide a continuing guaran- tee of the registrant's full and faithful perfor- mance at all times. Should the village draw upon the cash security, bond, or irrevocable letter of credit, the village shall promptly notify the regis- trant, and the registrant shall promptly restore the cash security, annual bond, or irrevocable letter of credit, to full required amount. In the event a registrant fails to perform its duties and obligations imposed upon the registrant by the provisions of this chapter, subject to section 29 -15 below, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the village as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the registrant, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. In lieu of the cash security, bond, or irrevocable letter of credit, re- quired by this section, the village may accept a corporate guarantee of the registrant or its parent company provided that the village attorney ap- proves the reputation and economic stability of the company. The village may from time to time Supp. No. 21 1795 § 29 -15 increase the amount of the security fund to reflect the increased risks to . the village and to the public. (Ord. No. 01 -2000, § 14, 2 -8 -01) Sec. 29 -15. Enforcement remedies. (a) In addition to any other remedies available at law or equity or provided in this chapter, the village may apply any one (1) or combination of the following remedies in the event a registrant violates this chapter, or applicable local law or order related to use of the public rights -of -way: (1) Failure to comply with the provisions of this chapter or other law applicable to users and/or occupants of the public rights- of -way, may result in imposition of penal- ties to be paid by the registrant to the village in an amount of not less than one hundred dollars ($100.00) per day or part thereof that the violation continues. (2) In addition to or instead of any other remedy, the village may seek legal or equitable relief from any court of compe- tent jurisdiction. (b) Before imposing a fine pursuant to this section, the village shall give written notice of the violation and its intention to assess such penal- ties, which notice shall contain a description of the alleged violation. Following receipt of such notice, the registrant shall have thirty (30) days to cure the violation and the village shall make good faith reasonable efforts to assist in resolving the violation. If the violation is not cured within that thirty (30) day period, the village may collect all fines owed, beginning with the first day of the violation, through any means allowed by law. (c) In determining which remedy or remedies are appropriate, the village shall take into consid- eration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and such other matters as the village determines are appropriate to the public interest. § 29 -15 NORTH PALM BEACH CODE (d) Failure of the village to enforce any require- hardship, and misfeasance, malfeasance or non - ments of this chapter shall not constitute a waiver feasance by any of registrant's directors, officers, of the village's right to enforce that violation or employees, contractors or agents. subsequent violations of the same type or to seek (Ord. No. 01 -2000, § 16, 2 -8 -01) appropriate enforcement remedies. (e) In any proceeding before the village council wherein there exists an issue with respect to a registrant's performance of its obligations pursu- ant to this chapter, the registrant shall be given the opportunity to provide such information as it may have concerning its compliance with the terms of the chapter. The village council may find a registrant that does not demonstrate compli- ance with the terms and conditions of this chapter in default and apply any one or combination of the remedies otherwise authorized by this chapter. (f) The village manager or his/her designee shall be responsible for administration and en- forcement of this chapter, and is authorized to give any notice required by law. (g) Nothing in this chapter shall affect the remedies the registrant has available under ap- plicable law. (Ord. No. 01 -2000, § 15, 2 -8 -01) Sec. 29 -16. Force majeure. In the event a registrant's performance of or compliance with any of the provisions of this chapter is prevented by a cause or event not within the facility owner's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof, provided, however, that such owner uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this chapter, causes or events not within a facility owners control shall include, without limitation, acts of God, floods, earth- quakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and re- straints imposed by order of a governmental agency or court. Causes or events within registrant's control, and thus not falling within this section, shall include, without limitation, registrant's fi- nancial inability to perform or comply, economic Supp. No. 21 1796 (The next page is 20431 CODE COMPARATIVE TABLE Adoption Ord. No. Date Section 2014 -13 12 -11 -14 2 2014 -14 12 -11 -14 2 2015 -03 3 -12 -15 2 2015 -04 4- 9 -15 2 2015 -05 4- 9 -15 2 Added App. C, § 45 -32 A.9., 3 2015 -07 4 -23 -15 2 2015 -10 6 -11 -15 2 App. C, § 45 -35.1 3 App. A, § III 4 2015 -11 6 -25 -15 2 Ch. 2, Art. III, Div. 3 5 (Tit.) 4 2015 -12 6 -25 -15 2 2015 -13 7 -23 -15 2 Added 5 -18 3 2015 -19 11 -12 -15 1 2015 -20 11 -12 -15 2 2015 -22 12 -10 -15 2 2016 -06 5 -12 -16 2 Section this Code Added Ch. 6, Art. IV, §§ 6 [The next page is 29331 Supp. No. 64 2895 72 -6 -86 2 -4 Added Ch. 17, Art. VIII, §§ 17- 81 -17 -94 Added 19 -12 2- 159(b) 2- 163(a)(1) 14 -30(4) App. C, § 45 -2 Added App. C, § 45 -32 A.9., C.2. App. C, § 45 -32 E.7. Added App. C, § 45 -32 F.3. App. C, § 45 -35.1 II.A.8. App. A, § III App. C, § 45- 21(2)b. Added App. C, § 45 -38 Ch. 2, Art. III, Div. 5 (Tit.) 2- 76(b), (c) Added App. C, § 45 -16.2 21 -3(a) 5 -1 Added 5 -18 5- 19 -5 -25 45 -36 N. 19 -99 Rpld Ch. 24, Art. II, Divs. 1, 2, §§ 24- 16 -26- 20, 26 -28, 26 -29 Added Ch. 24, Art. II, §§ 24- 16 -24 -27 [The next page is 29331 Supp. No. 64 2895 i 1 A ABANDONMENT Abandoned real property ................ See: PROPERTY Boats Boat launching area; abandoned boats andequipment .................. Generally ............................ Discarded materials, (vehicles, boats, etc.) Abatement of public nuisances on pri- vateproperty ................... See: NUISANCES Dogs, other animals ..................... ACTS BY AGENTS Definitions and rules of construction ..... ADMINISTRATIVE CODE Audit committee ........................ See: AUDITS Bonds required of certain officers ........ Definition .............................. Departmental organization .............. Oaths of office Chief administrator and officers, form of oath............................ Members of police department, form of oath............................ Persons required to take oath of office . Law enforcement officers ........... Officers ........................... Policy and procedures Department heads .................... Departments ......................... Officers .............................. ADULT ENTERTAINMENT ESTABLISH- MENTS Zoning regulations re. See: ZONING (Ap- pendix C) CODE INDEX Section 15 -11 et seq. 5-36,5-37 5 -8 14 -79 et seq. 4 -10 1 -2 2 -56 et seq. 2 -42 2 -39 2 -40 2 -41(b) 2 -41(c) 2 -41(a) 2- 41(a)(2) 2- 41(a)(1) 2 -43(b) 2 -43(c) 2 -43(a) ADVERTISING Handbills; distribution restricted......... 19 -7 Signs and outdoor displays .............. 6 -110 et seq. See: SIGNS AND BILLBOARDS AFFIDAVITS Home occupations; local business tax Affidavit of applicant required........ . AFFIRMATION. See: OATH, AFFIRMATION, SWEAR OR SWORN AGREEMENTS. See: CONTRACTS AND AGREEMENTS ALARMS Alarm business central office required .... Alarm permit required .................. Application for ....................... Issuance ............................. Terms; fees; nontransferable .......... Audible alarms ......................... Supp. No. 59 17 -3(e) 19 -215 19 -208 19 -209 19 -211 19 -210 19 -216 2935 ALARMS (Cont'd.) Code enforcement special magistrate, en- forcement through ................. Definitions ............................. Exemptions ............................ False alarms Excessive false alarms declared public nuisance ........................ Service charge; collection ............. Fire prevention and protection Florida fire prevention code Review of construction plans and fire suppression, detection and alarm systems and establishment of fee schedule .................. Identification required .................. System standards ....................... Telephone trunk lines Interference with police and fire rescue department trunk lines prohibited Violation and penalty ................... ALCOHOLIC BEVERAGES Consumption on playgrounds and public parks............................. Nudity, partial nudity, sexual conduct; pro- hibited at alcoholic beverage estab- lishments ......................... Sales restricted; hours of sale ............ State law definitions adopted ............ Zoning Location of business for retail sales of alcoholic beverages .............. C -3 Regional Business District...... AMBULANCES Definition .............................. Unlawful operation ..................... AMUSEMENTS AND AMUSEMENT PLACES Coin - operated amusements; proximity to schools restricted .................. AND, OR Definitions and rules of construction ..... ANIMALS AND FOWL Abandoning ............................ Birds Molesting songbirds .................. Village designated bird sanctuary; hunt- ing prohibited ................... Cats. See herein: Dogs and Cats Code enforcement, applicability re ....... Contagious diseases, animals with ....... Cruelty to animals ...................... Definitions ............................. Dogs and cats Breeding and retail sale of Adoption of shelter and rescue ani- mals ......................... Section 19 -217 19 -207 19 -218 19 -212 19 -213 12 -18 19 -215 19 -219 19 -215 19 -214 3 -3 3 -4 3 -2 3 -1 45- 20(2), 45 -36.N 45- 34.1(9) 17 -50 17 -51 19 -4 1 -2 4 -10 4 -9 4 -2 2 -173 4 -11 4 -7 4 -1 4 -13(d) 1 Supp. No. 59 2936 NORTH PALM BEACH CODE Section Section ANIMALS AND FOWL (Cont'd.) APPEARANCE PLAN (Appendix A) (Cont'd.) Exemptions ....................... 4 -13(c) Criteria for appearance Puppy or kitten mills .............. 4 -13(a) Building and site to adjoining area, re- Sale or transfer of dogs or cats...... 4 -13(b) lationship of .................... IV(B) Violations, enforcement ............. 4 -13(e) Building design ...................... IV(D) Collar and tag Buildings to site, relationship of....... IV(A) Required .......................... 4 -25 Evaluation, factors for................ IV(H) Unauthorized removal ............. 4 -26 Landscape and site treatment ......... IV(C) Impoundment Maintenance - planning and design fac- Disposition upon owner's failure to tors IV(G) redeem ....................... 4 -30(d) ............................ Notice ............................. 4 -30(b) Miscellaneous structures and street hard - Redemption by owner .............. 4 -30(c) ware ........................... IV(F) Required .......................... 4 -30(a) Signs. ............................... IV(E) Inoculation .......................... 4 -24 Definitions ............................. VIII Prohibited in certain areas; exceptions. 4 -27 Maintenance for good appearance Rabies control. See herein that subject Buildings and appurtenances.......... VII(B) Registration ......................... 4 -24 Public property....................... VII(C) Running at large Site .. ............................... VII(A) Cats .............................. 4 -28(c) Participation and incentives ............. VI Dogs in parks and on streets and Statement of policy ..................... II sidewalks .................... 4 -28(a) Dogs on property of others.......... 4 -28(b) 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 Waste- removal implements, persons ject to ............................. 21 -104 walking dog to carry.......... 4 -32 Certificate to dig ........................ 21 -105 Enforcement Cost .... ............................... 21 -106 General enforcement ................. 4 -5 Definitions ............................. 21 -103 Hindering enforcement ............... 4 -4 Hearing. ............................... 21 -108 Fight, causing animals to ................ 4 -8 Intent... ............................... 21 -101 Keeping certain animals prohibited; excep- Purpose . ............................... 21 -101 tion ............................... 4 -6 Violations and penalties................. 21 -108 Killing .. ............................... 4 -3 Molesting songbirds or domestic pets..... 4 -9 ASSEMBLIES Nuisances, animals creating ............. 4 -12 Meetings of boards and commissions; ad- Poisoning .............................. 4 -3 journment of ...................... 2 -3 Rabies control Meetings of specific boards, etc. See spe- Death or destruction, reporting........ 4 -46 cific subjects Muzzles; when required ............... 4 -45 Park and recreation area; meetings and Rabid animals gatherings ......................... 20 -22 et seq. Confinement ....................... 4 -43 See: PARKS, PLAYGROUNDS AND Duty to report; impounding......... 4 -44 RECREATION Nuisance, declared ................. 4 -42 ATLANTIC OCEAN ANNEXATION Regulations governing construction of docks, Planning and development; filing fees and piers in Lake Worth and Atlantic cost for voluntary annexation of land 21 -2 Ocean ............................. 5 -85 ANTENNAE AUDITS Zoning regulations ...................... 45 -21 Audit committee APPEARANCE PLAN (Appendix A) Access to records ..................... 2 -56 (Note— Section citations contained herein Administrative services ............... 2 -57 refer to section citations found within Composition; terms; vacancies ......... 2 -52 Appendix A) Created .............................. 2 -51 Administration ......................... V Duties ............................... 2 -54 Areas of jurisdiction ..................... III Organization ......................... 2 -53 Basis... ............................... I Removal ............................. 2 -55 1 Supp. No. 59 2936 CODE INDEX Supp. No. 63 2937 Section Section BATHING BOATS, DOCKS AND WATERWAYS (Cont'd.) Diseased persons prohibited from bathing Specifications ..................... 5 -71 in public pools, etc ................. 19 -3 Submission of plans and specifica- tions ......................... 5 -70 BICYCLES Canals Park regulations ........................ 20 -6 Canal crossings.................... 5 -60 Subdivisions, required improvements re Compliance with provisions required 5 -56 bikeways .......................... 36 -29.1 Drainage canals................... 5 -59 BILLBOARDS. See: SIGNS AND General requirements .............. 5 -57 BILLBOARDS Navigation canals ................. 5 -58 Surety bond prerequisite to issuance BIRDS. See: ANIMALS AND FOWL of building permit in certain BLOCKS cases ........................ 5 -61 Subdivision design standards............ 36 -18 Docks and piers Construction in waters other than BOARDS, COMMITTEES AND COMMIS- Lake Worth and Atlantic Ocean, SIONS. See: DEPARTMENTS AND regulations governing......... 5 -84 OTHER AGENCIES OF VILLAGE Definitions ........................ 5 -81 Generally ......................... 5 -82 BOATS, DOCKS AND WATERWAYS Lake Worth and Atlantic Ocean, Abandoned boats ....................... 5 -8 regulations governing construc- Abatement of public nuisances on private tion in ....................... 5 -85 property ........................ 14 -79 et seq. Minimum design requirements..... 5 -83 Anchoring and mooring Variances ......................... 5 -86 Mooring limitations in lagoons (private Erosion control structures docks ) .......................... 5 -16 Construction ...................... 5 -95 Unlawfully anchored or moored vessels Control ........................... 5 -96 Claiming of vessel of floating structure Definitions ........................ 5 -93 by owner; payment of costs.... 5 -23 Permitted, when ................... 5 -94 Department of law enforcement to Piers. See within this subheading: Docks impound ..................... 5 -19 and Piers Owner to be notified upon impound- Seawalls. See within this subheading: ment ......................... 5 -20 Bulkheads and Seawalls Procedure in event owner cannot be Definitions ............................. 5 -1 found ........................ 5 -21 Disturbing other boats.................. 5 -6 Reclamation of owner after sale .... 5 -24 Exhibition boats exempted from certain Unclaimed vessel to be sold; certifica- restrictions ........................ 5 -4 tion of sale ................... 5 -22 Flood damage prevention provisions ..... 12.5 -1 et seq. Authority of village to board boats violat- See: FLOOD DAMAGE PREVENTION ing chapter ........................ 5 -17 Health and sanitation requirements Boat launching area Cleanliness of docks .................. 5 -11 Abandoned boats and equipment Observance of village health and conduct Disposition ........................ 5 -36 rules ........................... 5 -10 Recovery .......................... 5 -37 Pollution of waterways ............... 5 -13 Designated; use restricted ............ 5 -33 Refuse disposal ...................... 5 -12 Permits required Live aboard boats Boats remaining for more that 24 Living aboard boats restricted ........ 5 -15 hours ........................ 5 -35 Occupancy of live aboard boats, floating Repairs prohibited ................... 5 -34 structure or vessels in village Vehicle /trailer parking in designated waterways ...................... 5 -25 areas ........................... 5 -35 Marine sanctuaries Violation; penalty .................... 5 -38 Designation of waters as marine Bulkhead lines ......................... 7 -1 et seq. sanctuaries See: BULKHEAD LINES Area to be regulated ............... 5- 101(c) Code enforcement, applicability re....... 2 -173 Areas designated .................. 5- 101(b) Construction requirements Construction of provision .......... 5- 101(d) Bulkheads and seawalls Definition ......................... 5- 101(a) Compliance with provisions required 5 -69 Mooring, docking, or beaching of boats on Inspection required ................ 5 -73 public or private property without Permit fee ......................... 5 -72 permission ........................ 5 -9 Supp. No. 63 2937 NORTH PALM BEACH CODE I Section Section BOATS, DOCKS AND WATERWAYS (Cont'd.) BUILDINGS (Cont'd.) Noise control Preliminary consideration.......... 6 -56 Radios or other mechanical sound- Definition ........................... 6 -31 making devices or instruments in Intent and purposes .................. 6 -32 vessels, operation of ............. 19 -103 Planning commission, powers and duties Parking re .............................. 6-36 Boating equipment; parking on Short title ........................... 6 -30 residential property restricted ... 18 -35 Appearance plan (Appendix A). See that Prohibited parking upon right -of -way subject of specific roadways ............. 18 -34.1 Code enforcement, applicability re ....... 2 -173 Prohibition of floating structures ........ 5 -18 Codes Running engines, hours in residential Appearance code. See herein that subject districts ........................... 5 -14 Building code........................ 6 -17 Searchlights, use of ..................... 5 -7 Electrical code....................... 11 -11, 11 -12 Speed limits; wakes ..................... 5 -2 Fire prevention code ................. 12 -16 et seq. Subdivision provisions re waterways..... 36 -22 et seq. Housing code ........................ 15-1,15-2 See: SUBDIVISIONS (Appendix B) Country club ........................... 9 -1 et seq. Swimming in restricted waters .......... 5 -3 See: COUNTRY CLUB Water skiing ........................... 5 -5 Waterways board ....................... 5 -102 et seq. Electrical code.......................... 11 -11, 11 -12 Flood damage prevention ............... 12.5 -1 et seq. BONDS See: FLOOD DAMAGE PREVENTION Administrative code; bonds required of Housing code ........................... 15-1,15-2 certain officers .................... 2 -42 Landscaping ........................... 27 -31 et seq. Canal construction; surety bond See: LANDSCAPING prerequisite to issuance of building Minimum construction standards permit ............................ 5-61 Authority ............................ 6 -16 Finance director, duties re .............. 2 -59(7) Codes adopted ....................... 6 -17 Village manager ........................ 2 -117 Construction board of adjustment and BRUSH. See: WEEDS AND BRUSH appeals ......................... 6 -18 Appointment ...................... 6 -18(a) BUILDINGS Membership ....................... 6 -18(b) Abatement of unsafe or unsanitary build- Powers ............................ 6 -18(f) ings Appeals ........................ 6- 180(1) Appeal .............................. 6 -81 Variances....................... 6- 18(fl(2) Authority to expend funds............ 6 -85 Procedures ........................ 6 -18(g) Enforcement and right of entry ....... 6 -74 Quorum and voting Q g.. 6 -18(d) Hearing ............................. 6 -79 Secretary to the board ............. 6 -18(e) Implementation ...................... 6 -80 Terms ............................. 6-15(c) Inspection ........................... 6 -75 Violations and enalt p y ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' 6 -19 Lien, imposition of ................... 6 -84 Performance of work ................. 6 -82 Missiles, throwing ...................... 19 -83 Placard posting ...................... 6 -78 Obstructing passageway ................ 19 -47 Provisions supplemental .............. 6 -86 Outdoor displays. See herein: Signs and Purpose and scope ................... 6 -72 Outdoor Displays Recovery of costs ..................... 6 -53 Park and recreation facilities; erecting Service of notice of violation .......... 6 -77 buildings or structures ............. 20 -3 Unsafe or unsanitary buildings and Public land, construction on prohibited .. 6 -1 structures ...................... 6 -73 Signs and outdoors displays............. 6 -110 et seq. Violations ........................... 6 -76 See: SIGNS AND BILLBOARDS Appearance code Smoke, dust, odors, liquids, etc.......... 19 -9 Appeals and review .................. 6 -35 Spitting in public places prohibited ...... 19 -5 Appearance plan ..................... 6 -33 Stormwater management; level of finished Certificate of appropriateness floor of structures ................. 21 -63 Final hearings ..................... 6 -57 Subdivision regulations................. 36 -1 et seq. Follow -up by community develop- See: SUBDIVISIONS (Appendix B) ment department ............. 6 -60 Swimming pools........................ 25 -1 et seq. Planning commission See: SWIMMING POOLS Action of ....................... 6 -58 Zoning regulations ...................... 45 -1 et seq. Approval by .................... 6 -59 See: ZONING (Appendix C) Supp. No. 63 2938 CODE INDEX Section BULKHEAD LINES Code enforcement, applicability re ....... 2 -173 Supp. No. 63 2938.1 Section r. CODE INDEX BUSINESS REGULATIONS Section BULKHEAD LINES (Cont'd.) 17 -50, 17 -51 Established; designated ................. 7 -1 Filling operation beyond bulkhead line pro- ' hibited ............................ 7 -2 Filling permit 17 -34.2 Application fees ...................... 7 -19 Application; issuance ................. 7 -18 Expiration date; renewal; revocation... 7 -20 Public hearing prerequisite to consider- 17 -16 ation ........................... 7 -17 Required ............................. 7 -16 Unlawful fill; removal ................... 7 -3 BULKHEADS 17.34 -7 Bulkheads and seawalls, construction re- 17 -34.6 quirements re ..................... 5 -69 et seq. See: BOATS, DOCKS AND WATER- WAYS 17 -34.7 BUSINESS ADVISORY BOARD 17 -23 Composition; terms; vacancies Alternate members ................... 17 -72(d) Composition ......................... 17 -72(a) Initial terms ......................... 17 -72(b) Subsequent terms .................... 17 -72(c) Created . ............................... 17 -71 Mission; duties ......................... 17 -74 Organization ........................... 17 -73 BUSINESS REGULATIONS Section Ambulances ............................ 17 -50, 17 -51 Business advisory board ................. 17 -71 et seq. See: BUSINESS ADVISORY BOARD Businesses located outside village limits 17 -3(a) et seq. Application for certificate of regulation. 17 -34.2 Certificate of business regulation re- quired; basis of one year ......... 17 -34 Commercial vehicles, marking of ...... 17 -34.13 Compliance by principal deemed compli- 17 -16 ance by agent ................... 17 -34.8 Delinquency penalty .................. 17 -34.4 Doing business not covered by certificate 17 -33 of regulation .................... 17.34 -7 Duplicate certificates of regulation..... 17 -34.6 Duration ............................. 17 -34.3 False statements Certificate obtained void ab initio ... 17 -34.7 Engaging in business without certifi- 17 -23 cate of regulation or under cer- tificate issued on .............. 17 -34.11 Fee exemptions ...................... 17 -34.10 Fee schedule ......................... 17 -34.12 Half -year certificate .................. 17 -34.3 Issuance of certificate ................. 17 -34.3 Noncompliance of principal............ 17 -34.8 Nonprofit enterprise, special permit for 17 -34.5 Refund of fee ......................... 17 -34.9 Registration required ................. 17 -34.1 Renewal ............................. 17 -34.4 Suspension or revocation of certificate . 17 -34.9 When due and payable ................ 17 -34.3 Supp. No. 61 2939 C CABLE TELEVISION. See: TELEVISION CAMPING Recreational, boating and camping equip- ment; parking on residential property restricted .......................... 18 -35 Unauthorized lodging and camping....... 19 -11 Section BUSINESS REGULATIONS (Cont'd.) Garage and other sales .................. 17 -61 et seq. See: GARAGE AND OTHER SALES Home occupations ....................... 17 -3(a) et seq. See: HOME OCCUPATIONS Local business tax Application for business tax receipt.... 17 -18 Business tax exemptions .............. 17 -31 Business tax imposed; basis of one year 17 -16 Business tax receipt renewal; delin- quency penalty .................. 17 -20 Business tax schedule ................ 17 -33 Compliance by principal deemed compli- ance by agent; noncompliance of principal ........................ 17 -29 Declaration where fee depends on vari- able factors within applicant's knowledge ...................... 17 -23 Doing business not covered by receipt; receipt obtained by false state- ments void ab initio ............. 17 -28 Duplicate receipts .................... 17 -27 Engaging in business without receipt or under receipt issued on false state - ments .......................... 17 -32 How tax construed as to specified pro- fessions...... ............ 17 -21 Issuance of receipt; duration; half -year receipt; when due and payable ... 17 -19 Marking of commercial vehicles ....... 17 -33.1 Receipt to be posted or carried ........ 17 -26 Special permit for nonprofit enterprise. 17 -22 Suspension or revocation of receipt; re- fund of fee ...................... 17 -30 Transfer of receipts to new location .... 17 -25 Transfer of receipts to new owner...... 17 -24 Peddlers and solicitors .................. 17 -81 et seq. See: PEDDLERS AND SOLICITORS Simulated gambling devices ............. 17 -40 et seq. See: SIMULATED GAMBLING DE- VICES Wellfield protection Regulation of business activities with potential to contaminate land and water resources ................. 19 -221 Zoning Location of business for retail sales of alcoholic beverages .............. 45- 20(2), 45- 36.N C -3 Regional Business District...... 45- 34.1(9) C CABLE TELEVISION. See: TELEVISION CAMPING Recreational, boating and camping equip- ment; parking on residential property restricted .......................... 18 -35 Unauthorized lodging and camping....... 19 -11 r Supp. No. 61 2940 NORTH PALM BEACH CODE Section Section CANALS CODE ENFORCEMENT (Cont'd.) Construction requirements .............. 5 -56 et seq. Provisions supplemental................. 2 -183 See: BOATS, DOCKS AND WATER- Special magistrates WAYS Appointment ......................... 2- 174(a) Power and authority .................. 2- 174(b) CATS Powers of............................ 2 -177 Regulations enumerated ................. 4 -24 et seq. Qualifications ........................ 2- 174(c) See: ANIMALS AND FOWL CERTIFICATES CODE OF ORDINANCES* Appearance code; certificate of appropriate - Altering Code ........................... 1 -7 ness .............................. 6 -56 et seq. Amendments ........................... 1 -6 See: BUILDINGS Catchlines .............................. 1 -3 Boats, docks and waterways; unlawfully Court cost anchored or moored vessels Assessment of additional court costs for Unclaimed vessel to be sold; certification criminal justice education expendi- of sale .......................... 5 -22 tures ........................... 1 -9 Businesses located outside village limits, Definitions and rules of construction ..... 1 -2 certificate of business regulations re. 17 -34 et seq. Designated and cited .................... 1 -1 See: BUSINESS REGULATIONS References to chapters or sections........ 1 -3 Emergency medical services ............. 11.5 -21 Repeal of ordinances, effect of............ 1 -4 Historic site overlay district; certificate of Severability of parts .................... 1 -5 appropriateness .................... 45 -37(H) Village clerk, duties re recording ordi- CIVIL DISORDERS AND DISTURBANCES. nances ............................ Village logo ............................. 2 -67(3) 1 -10 See: EMERGENCY MANAGEMENT Violations, penalty and prosecution costs . 1 -8 CLERK Department of records, provisions re vil- COIN - OPERATED AMUSEMENTS lage clerk and deputy village clerk .. 2 -67 et seq. Proximity to schools restricted ........... 19 -4 See: DOCUMENTS AND PUBLIC RE- COMBAT AUTO THEFT (CAT) CORDS Establishment, regulations .............. 18 -19 CLUBS COMMITTEES, COMMISSIONS. See: DE- Country club ........................... 9 -1 et seq. PARTMENTS AND OTHERAGENCIES See: COUNTRY CLUB OF VILLAGE CODE ENFORCEMENT, ALTERNATE METHOD OF COMMUNICATIONS Codes to be enforced by citation.......... 2 -253 Telecommunications Failure to accept citation ................ 2 -255 Generally ............................ 29 -1 et seq. Form and contents of citation............ 2 -252 See: TELECOMMUNICATIONS Issuance of citations .................... 2 -251 Service tax........................... 26 -51 et seq. Provisions additional and supplemental .. 2 -256 See: TAXATION Right to hearing; maximum penalty...... 2 -254 COMMUNITY DEVELOPMENT DEPART - CODE ENFORCEMENT MENT Actions for money judgments Buildings Limitation ........................... 2 -182 Appearance code Alarm regulations, enforcement re ....... 19 -217 Certificate of appropriateness Applicability ............................ 2 -173 Follow -up by community develop - Conduct of hearing ...................... 2 -176 ment department........... 6 -60 Declaration of legislative intent.......... 2 -171 Director's duties ........................ 2 -111 Definitions ............................. 2 -172 Divisions Enforcement procedure .................. 2 -175 Code compliance ..................... 2- 112(2) Fines; liens Permits and inspections .............. 2- 112(1) Appeal .............................. 2 -180 Planning ............................. 2- 112(3) Copies of orders imposing fines ........ 2- 178(d) Determination of amount of fine....... 2- 178(b) *Note —The adoption, amendment, repeal, omissions, effec- Duration of lien ...................... 2 -179 tive date, explanation of numbering system and other matters Generally ............................ 2- 178(a) pertaining to the use, construction and interpretation of this Notices .............................. 2 -181 Code are contained in the adopting ordinance and preface Reduction of fine ..................... 2- 178(c) which are to be found in the preliminary pages of this volume. r Supp. No. 61 2940 CODE INDEX Section COMPUTATION OF TIME Definitions and rules of construction ..... 1 -2 CONCURRENCY MANAGEMENT Provisions enumerated .................. 21 -41 et seq. See: PLANNINGAND DEVELOPMENT COUNCIL. See: VILLAGE COUNCIL COUNTRY CLUB Finances Delinquent accounts; penalties ........ 9 -32 Golf advisory board ..................... 9 -16 et seq. See: GOLF ADVISORY BOARD Premises Disfiguration and/or removal of building or other property ................ 9 -1(1) Enforcement ......................... 9 -2 Hours ............................... 9 -1(2) Signs . ............................... 9 -2 Violations and penalties .............. 9 -2 COUNTY Definitions and rules of construction ..... 1 -2 COURTS Court cost Assessment of additional court costs for criminal justice education expendi- tures........................... 1-9 Supp. No. 61 2940.1 Section i Supp. No. 64 2941 CODEINDEX Section Section D DISABLED AND HANDICAPPED PERSONS Applicability of dog prohibitions to guide DECALS and service dogs ................... 4 -27(d) Combat Auto Theft (CAT) ............... 18 -19 Parking violations re handicap spaces ... 18 -37 DEPARTMENTS AND OTHER AGENCIES DISTRICTS OF VILLAGE Zoning regulations ...................... 45 -16 et seq. Administrative code .................... 2 -39 et seq. See: ZONING (Appendix C) See: ADMINISTRATIVE CODE Appearance board. See: APPEARANCE DISTURBANCES. See: CIVIL DISORDERS PLAN (Appendix A) AND DISTURBANCES Audit committee ........................ 2 -56 et seq. DOCKS. See: BOATS, DOCKS AND See: AUDITS WATERWAYS Boards and committees ................. 2 -1 Business advisory board ................ 17 -71 et seq. DOCUMENTS AND PUBLIC RECORDS See: BUSINESS ADVISORY BOARD Department of records Code enforcement ...................... 2 -171 et seq. Deputy village clerk Community development department .... 2 -111 et seq. Appointment ...................... 2 -68 See: COMMUNITY DEVELOPMENT Duties ............................ 2 -69 DEPARTMENT Village clerk; duties Finance, department of ................. 2 -59 Election records, keeping........... 2 -67(5) See: FINANCES Expiration of term, notice of........ 2 -67(7) Fire and police retirement board of trustees 2 -164 et seq. Official seal, keeping .............. 2 -67(8) See: PENSIONS AND RETIREMENT Record ordinances ................. 2 -67(3) Fire rescue department .......... ' ' ' ' .. 2 -81 et seq. Village council See: FIRE RESCUE DEPARTMENT Keep records of council .......... 2 -67(2) General employees retirement board..... 2 -151 et seq. Public council action ............ 2 -67(4) Serve as clerk of council ......... 2 -67(1) See: PENSIONS AND RETIREMENT Vital statistics kee in p g............ 2 -67(6) Golf advisory board ..................... 9 -16 et seq. Village clerk and deputy village clerk. See See: GOLF ADVISORY BOARD herein: Department of Records Law enforcement, department of (police department ) ....................... 2-75,2-76 DOGS See: LAW ENFORCEMENT, DEPART- Regulations enumerated ................ 4 -24 et seq. MENT OF (POLICE DEPART- See: ANIMALS AND FOWL MENT) Library board .......................... 16 -16 et seq. DRAINAGE Library, department of .................. 2 -93 Stormwater management ............... 21 -61 et seq. Meetings of boards and commissions; See: STORMWATER MANAGEMENT adjournment of .................... 2 -3 Subdivision design standards re ease - Meetings of specific boards, etc. See ments and rights -of -way ........... 36 -22(b) specific subjects Zoning; surface water management C -3 Regional Business District........ 45- 34.1(8) Planning and development board of adjust- ment .............................. 21 -21 DROUGHT Planning commission ................... 21 -11, 21 -12 Water shortage emergencies............. 19 -200 et seq. Public works, department of ............. 2-84,2-85 See: WATER SHORTAGE EMERGEN- See: PUBLIC WORKS DEPARTMENT CIES Records, department of ................. 2 -67 et seq. See: DOCUMENT AND PUBLIC E RECORDS Recreation department .................. 2 -110 ELECTIONS Recreation advisory board ............ 20 -61 et seq. Candidacy See: PARKS, PLAYGROUNDS AND Candidates for office; qualifying....... 10 -5 RECREATION Preservation of notice of candidacy.... 10 -6 Reserve police force ..................... 23 -42 et seq. Conduct of elections .................... 10 -6 See: POLICE Early voting ............................ 10 -7 Village council .......................... 2 -16 et seq. General elections, notice of.............. 10 -3 Waterways board ....................... 5 -102 et seq. Polling locations Designated .......................... 10 -76 DEVELOPMENTS. See: PLANNING AND Special elections DEVELOPMENT Notice of ............................. 10 -4 Supp. No. 64 2941 NORTH PALM BEACH CODE r Supp. No. 64 2942 Section Section ELECTIONS (Cont'd.) F When held ........................... 10 -2 State laws FENCES, WALLS, HEDGES AND Applicable state laws adopted......... 10 -1 ENCLOSURES Voting machines may be used; state law Landscaping ........................... 27 -31 et seq. applicable ...................... 10 -7 See: LANDSCAPING Village clerk, duties re keeping election Swimming pool requirements............ 25 -5 records ............................ 2 -67(5) FINANCES Voting machines may be used; state law Budget procedures ...................... 2 -2 applicable ......................... 10 -7 Country club ELECTRICAL CODE Delinquent accounts; penalties........ 9 -32 Amendments, corrections, additions ..... 11 -12 Court cost Code enforcement, applicability re ....... 2 -173 Assessment of additional court costs for criminal justice education EMERGENCIES expenditures .................... 1 -9 Ambulances ............................ 17 -50, 17 -51 Department of finance Emergency management ................ 8 -1 et seq. Finance director; duties See: EMERGENCY MANAGEMENT Accounts of receipts and expenditures 2 -59(8) Emergency medical services Budget duties ..................... 2 -59(2) Fees Cancellation of evidences of old debt 2 -59(9) Billing and collection .............. 11.5 -23 Collect moneys and fees due village. 2- 59(12) Establishment ..................... 11.5 -22 Examine books.................... 2 -59(6) Generally ............................ 11.5 -21 Financial statements .............. 2 -59(3) Fire rescue department ................. 2 -81 et seq. Fiscal supervision over officers ..... 2 -59(5) See: FIRE RESCUE DEPARTMENT Keep accounts ..................... 2 -59(4) Water shortage emergencies ............. 19 -200 et seq. Pay village employees.............. 2- 59(11) See: WATER SHORTAGE EMERGEN- Prescribe form ..................... 2 -59(1) CIES Receive and disburse moneys....... 2- 59(10) Responsibility for proceeds of bonds 2 -59(7) EMERGENCY MANAGEMENT Emergency management Applicability ........................... 8-2 Exempt employee emergency duty Civil disorders and disturbances Compensation ..................... 8 -31 Declaration of a state of emergency ... 8 -22 Investment policy of the village ......... 2 -4 Mayor designated local authority for Pensions and retirement. See also that preservation of public peace ..... 8 -21 subject Declaration of a state of emergency...... 8-5 Length of service award plan for Def initions ............................. 8 -1 volunteer firefighters............ 2 -170 et seq. Emergency management structure....... 8-3 Pension and certain other benefits for Exempt employee emergency duty fire and police employees ........ 2 -159 et seq. Compensation ....................... 8 -31 Pension and certain other benefits for Powers, duties and responsibilities ...... 8-4 general employees .............. 2 -146 et seq. Termination of a state of emergency ..... 8 -6 Planning and development; filing fees and EMPLOYEES. See: OFFICERS AND cost for changes ................... 21-1,21-2 EMPLOYEES Social security .......................... 2 -136 et seq. See: SOCIAL SECURITY ENCLOSURES. See: FENCES, WALLS, Taxation. See that subject HEDGES AND ENCLOSURES Village manager ........................ 2 -118 EROSION CONTROL STRUCTURES FINES, FORFEITURES AND OTHER Construction regulations ................ 5 -93 et seq. PENALTIES See: BOATS, DOCKS AND Code enforcement; fines and liens ....... 2 -178 WATERWAYS Code of ordinances, provisions re general EXCAVATIONS penalty, continuing violations, and Bulkhead lines ......................... 7 -1 et seq. prosecution costs .................. 1 -8 See: BULKHEAD LINES Parking violation ....................... 18 -37, 18 -38 Stormwater management ............... 21 -61 et seq. Pension and certain other benefits for fire See: STORMWATER MANAGEMENT and police employees Board of trustees for; forfeiture of EXCRETA membership on board for absentee - Dog waste, removal provisions re ........ 4-31,4-32 ism ............................. 2- 164(b) r Supp. No. 64 2942 CODE INDEX Section FINES, FORFEITURES AND OTHER PENALTIES (Cont'd.) Contributions; forfeitures ............. 2- 163(d) Supp. No. 64 2942.1 Section CODE INDEX Section Section FIRE PREVENTION AND PROTECTION FLOOD DAMAGE PREVENTION (Cont'd.) Barbecue grills and similar cooking devices 19 -10 Warnings regarding designations ...... 12.5 -10 Code enforcement, applicability re ....... 2 -173 Building official Fire rescue department ................. 2 -81 et seq. Designated as flood damage control ad- See: FIRE RESCUE DEPARTMENT ministrator ..................... 12.5 -21 Florida fire prevention code Duties and responsibilities ............ 12.5 -23 Adopted by reference ................. 12 -16 Definitions ............................. 12.5 -5 Annual fire inspection and establish- Development permit ment of fee schedule ............. 12 -17 Required ............................. 12.5 -22 Review of construction plans and fire Findings of fact ......................... 12.5 -2 suppression, detection and alarm Flood hazard reduction provisions systems and establishment of fee Coastal high hazard areas ............ 12.5 -44 schedule ........................ 12 -18 General standards Hazardous substances, cost recovery for Anchoring ......................... 12.5 -41(1) cleanup, abatement and removal of Construction materials and methods 12.5 -41(2) Authority of public safety fire rescue Enclosures below lowest floor ....... 12.5 -41(6) department ..................... 12 -102 Mechanical and utility equipment... 12.5 -41(5) Cost reimbursement to village......... 12 -103 Subdivision proposals .............. 12.5 -41(4) Definitions ........................... 12 -101 Utilities ........................... 12.5 -41(3) Exceptions for fire suppression services 12 -105 Regulatory floodways ................. 12.5 -43 Late fee for failure to reimbursement.. 12 -106 Sand dunes and mangrove stands ..... 12.5 -45 Records .............................. 12 -104 Specific standards Remedies ............................ 12 -107 Nonresidential construction ......... 12.5 -42(2) Pension and certain other benefits for fire Residential construction ............ 12.5 -42(1) and police employees ............... 2 -159 et seq. Interpretation .......................... 12.5 -9 See: PENSIONS AND RETIREMENT Lands to which provisions applies........ 12.5 -6 Volunteer firefighters, length of service Methods of reducing flood losses ......... 12.5 -4 award plan for ..................... 2 -170 et seq. Noncompliance, penalties for ............ 12.5 -11 See: PENSIONS AND RETIREMENT Statement of purpose and objectives...... 12.5 -3 Statutory authorization ................. 12.5 -1 FIRE RESCUE DEPARTMENT Variance procedure ..................... 12.5 -24 Composition ................... .. ....... 2 -83 Emergency medical services ............. 11.5 -21 et seq. FLORIDA, STATE OF. See: STATE See: EMERGENCIES Fire chiefs duties ....................... 2 -81 FOLLOWING, PRECEDING Functions .............................. 2 -82 Definitions and rules of construction ..... 1 -2 Disaster response .................... 2 -82(6) FOOD AND FOOD PREPARATION Emergency medical services........... 2 -82(5) Barbecue grills and similar cooking devices 19 -10 Fire fighting ......................... 2 -82(3) Fire prevention ...................... 2 -82(4) FORFEITURES. See: FINES, FORFEITURES Maintain equipment .................. 2 -82(2) AND OTHER PENALTIES Report losses ......................... 2 -82(1) Interference with police and fire rescue FOWL. See: ANIMALS AND FOWL department telephone trunk lines pro- hibited ............................ 19 -215 Enumerated. See Appendix D FIREARMS AND WEAPONS Use of rights -of -way for utilities.......... 28 -1 et seq. Concealed weapons, carrying ............ 19 -184 See: UTILITIES Forfeiture; disposition ................... 19 -186 Possession .............................. 19 -183 G Sales restricted Record of sales required .............. 19- 185(c) GAMBLING Specified weapons, display and sale of . 19- 185(b) Animals, causing to fight ................ 4 -8 Switchblade knives prohibited......... 19- 185(a) Simulated gambling devices ............. 17 -40 et seq. Stench bombs prohibited ................ 19 -82 See: SIMULATED GAMBLING DE- See: STENCH BOMBS VICES FLOOD DAMAGE PREVENTION GARAGE AND OTHER SALES Abrogation and greater restrictions ...... 12.5 -8 Garage sales ........................... 17 -61 Areas of special flood hazard Permit required ........................ 17 -62 Basis for establishment ............... 12.5 -7 Violations and penalties ................. 17 -63 Supp. No. 55 2943 NORTH PALM BEACH CODE Supp. No. 55 2944 /f Section Section GARBAGE AND TRASH HEALTH AND SANITATION (Cont'd.) Abatement of public nuisances on private Bathing regulations property ........................... 14 -79 et seq. Diseased persons prohibited from bath - See: NUISANCES ing in public pool, etc............ 19 -3 Boats; refuse disposal ................... 5 -12 Boats, docks, etc., provisions re .......... 5 -10 et seq. Garbage collection and disposal See: BOATS, DOCKS AND WATER - Charges WAYS Commercial use property waste dis- Code enforcement, applicability re ....... 2 -173 posal fees and collection proce- Garbage and trash ...................... 14 -23 et seq. dures ........................ 14 -30 See: GARBAGE AND TRASH Fee for excess amounts from commer- Park and recreation facilities; failure to cial establishments ........... 14 -28 cooperate in keeping restrooms neat Generally ......................... 14 -27 or sanitary ........................ 20 -2 When and where paid .............. 14 -29 Rabies control .......................... 4 -42 et seq. Definition ............................ 14 -23 See: ANIMALS AND FOWL Frequency of collection ................ 14 -26 HEDGES. See: FENCES, WALLS, HEDGES Garbage cans AND ENCLOSURES Kept covered ...................... 14 -25 Required .......................... 14 -24 HITCHHIKING Landscaping; refuse container areas...... 27 -41 Prohibitions ............................ 19 -6 Public works department Refuse disposal division ............... 2 -85(2) HOME OCCUPATIONS Customer service requirements and perfor- GATHERINGS. See: ASSEMBLIES mance standards ................... 17 -2 Definitions ............................. 17 -3(b) GENDER Effective date ........................... 17 -3(i) Definitions and rules of construction ..... 1 -2 Local business tax. See also that subject GOLF ADVISORY BOARD Generally ............................ 17 -16 et seq. Composition and terms .................. 9 -17 Home occupation provisions Composition ......................... 9 -17(a) Affidavit of applicant required ...... 17 -3(e) Officers .............................. 9 -17(c) Appeals ........................... 17 -3(g) Terms ............................... 9 -17(b) Requirement of business tax receipt. 17 -3(c) Creation 9 -16 Permitted uses, home occupations as ..... 17 -3(a) ............................... Duties 9 -19 Repeal of ordinances.................... 17 -3(h) .. ............................... Meetings ............................... 9 -18 Standards .............................. 17 -3(d) Violation of standards or conditions deemed GUNS. See: FIREARMS AND WEAPONS a Code violation ................... 17 -3(f) HOUSING H Abandoned real property ................ 15 -11 et seq. See: PROPERTY HANDBILLS Boats, docks and waterways Distribution restricted .................. 19 -7 Live aboard boats .................... 5-15,5-25 HANDGUNS. See: FIREARMS AND WEAP- HOUSING CODE ONS Adopted by reference .................... 15 -1 Amendments ........................... 15 -2 HANDICAPPED PERSONS. See: DISABLED Code enforcement, applicability re ....... 2 -173 AND HANDICAPPED PERSONS HAZARDOUS SUBSTANCES I Recovery of costs for cleanup, abatement IMPERSONATION and removal ....................... 12 -101 et seq. Impersonating police officer; fireman or other See: FIRE PREVENTION AND PRO- village official ...................... 19 -8 TECTION IMPOUNDMENT HEALTH AND SANITATION Boats, docks and waterways; unlawfully Abatement of public nuisances on private anchored or moored vessels property ........................... 14 -79 et seq. Department of law enforcement to im- See: NUISANCES pound .......................... 5 -19 Animals and fowl, provisions re .......... 4 -11 et seq. Owner to be notified upon impoundment 5-20,5-21 See: ANIMALS AND FOWL Dogs and cats .......................... 4 -30 Supp. No. 55 2944 /f tr CODE INDEX Supp. No. 61 2945 Section Section INDECENCY AND OBSCENITY LANDSCAPING (Cont'd.) Adult entertainment establishments Shrubs and hedges ................. 27 -62(c) Zoning regulations re. See: ZONING (Ap- Tree species ....................... 27 -62(b) pendix C) Vines ............................. 27 -62(d) Alcoholic beverage establishments; nudity, Required landscaping adjacent to public partial nudity, sexual conduct prohib- rights -of- way .................... 27 -63 ited ............................... 3 -4 Scope, applicability ................... 27 -59 Topless costumes ....................... 19 -64 Vulgar language ........................ 19 -65 Sight distance adjacent to public rights - Window peeping ........................ 19 -66 of -way and points of access....... 27 -66 Certificate of completion ................. 27 -35 INSURANCE EXCISE TAXES Code enforcement, applicability re ....... 2 -173 Casualty insurance premiums ........... 26 -16 Completed landscaping required for certif- Property insurance premiums............ 26 -17 icate of use and occupancy 27 -37 INTRACOASTAL WATERWAY Definitions ............................. 27 -31 Marine sanctuary, designation as ........ 5 -101 Improved nonresidential properties in ex- istence on September 23, 1971 INVESTMENTS Applicable requirements .............. 27 -40(b) Investment policy of the village .......... 2 -4 Exceptions ........................... 27 -40(c) Objectives ........................... 27 -40(a) J Planning commission, submission of plans JOINT AUTHORITY to .............................. 27 -40(d) Definitions and rules of construction ..... 1 -2 Objectives .............................. 27 -32 Off - street parking landscape manual ..... 27 -38 K Plot use plan approval prerequisite to issu- ance of permits for building and pav- KNIVES. See: FIREARMS AND WEAPONS ing . ............................... 27 -37 Refuse container areas .................. 27 -41 L Scope; applicability ..................... 27 -34 Zoning ordinance, conflict with........... 27 -39 LAKE WORTH Marine sanctuary, designation as ........ 5 -101 LAW ENFORCEMENT, DEPARTMENT OF Regulations governing construction of docks, (POLICE DEPARTMENT) piers in Lake Worth and Atlantic Boats, docks and waterways; unlawfully Ocean ............................. 5 -85 anchored or moored vessels LAND Department of law enforcement to im- Buildings; construction on public land pro- pound .......................... 5 -19 hibited ............................ 6 -1 Chief of police's duties .................. 2 -75 Planning and development .............. 21 -01 et seq. Composition ............................ 2 -76 See: PLANNINGAND DEVELOPMENT Generally ............................ 2 -76(a) Subdivision regulations ................. 36 -1 et seq. Operations division................... 2 -76(b) See: SUBDIVISIONS (Appendix B) Operations support division ........... 2 -76(c) LANDSCAPING LIBRARY Accessways ............................. 27 -36 Damaging property unlawful ............ 16 -1 Appearance plan (Appendix A). See that Department of library subject Librarian 2 -93 Application of provisions; enforcement.... 27 -33 ............................ Certain yard areas, off - street parking and Library board other vehicular use areas Appointment ......................... 16 -17 Existing plant material ............... 27 -67 Compensation, service without ........ 16 -20 Installation .......................... 27 -60 Composition ......................... 16 -17 Maintenance ......................... 27 -61 Established .......................... 16 -16 Parking area interior landscaping ..... 27 -65 Meetings ............................ 16 -23 Perimeter landscaping relating to abut- Organization ......................... 16 -21 ting properties .................. 27 -64 Powers and duties.................... 16 -22 Plant material Qualifications ........................ 16 -19 Ground covers ..................... 27 -62(e) Removal from office................... 16 -24 Lawn grass ........................ 27 -62(f) Term of office ........................ 16 -17 Quality ........................... 27 -62(a) Vacancies ............................ 16 -18 Supp. No. 61 2945 LICENSES AND PERMITS Alarm permit ........................... See: ALARMS Boat launching area permits ............. Bulkhead lines; filling permit ............ See: BULKHEAD LINES Bulkheads and seawalls ................. Code enforcement, applicability re ....... Community development department Permits and inspections ......... . Driveways. See herein: Sidewalk and Drive- way Permits Emergency medical services ............. Flood damage prevention development per - mit............................... Garage, related sales .................... Home occupations. See also that subject Generally ............................ Business tax receipt for home occupa- tions ......................... Park and recreation facilities; meeting and gathering permits .................. See: PARKS, PLAYGROUNDS AND RECREATION Peddlers and solicitors permit ........... See: PEDDLERS AND SOLICITORS Seawalls. See herein: Bulkheads and Sea- walls Sidewalk and driveway permits .......... See: STREETS, SIDEWALKS AND PUB- LIC PLACES Street excavation permits ............... Swimming pool permits ................. Utilities Use of rights -of -way for utilities; written permit.......................... NORTH PALM BEACH CODE Section 17 -16 et seq. Section MAY, SHALL 17 -34.13 19 -208 et seq. Definitions and rules of construction ..... 1 -2 5 -34 MAYOR 1 -10 7 -16 et seq. Civil disorders and disturbances Subdivision design standards ............ 36 -18 Mayor designated local authority for pres- 45 -1 et seq. 5-72 ervation of public peace.......... 8 -21 2 -173 Village council; presiding officer at meet - 18 -20 Park regulations re traffic ............... ings............................... 2 -18 2- 112(1) MEASURES. See: WEIGHTS AND MEA- Stopping, standing and parking SURES Parking restricted .................... 11.5 -21 MEDICAL SERVICES ment, and personal recreational use Emergency medical services ............. 11.5 -21 et seq. 12.5 -22 See: EMERGENCIES 18 -35 17 -62 18 -36 Vehicle, trailer or boat parking prohib- MEETINGS. See: ASSEMBLIES 17 -16 et seq. MISSILES, STONES, ETC. roadways ....................... 17 -3(c) et seq. Throwing missiles ...................... 19 -83 Handicap spaces ................... MONTH Non - handicap spaces ............... 20 -31 et seq. Definitions and rules of construction ..... 1 -2 Speed limits MONUMENTS Generally ......................... 17 -83 et seq. Subdivisions, required improvements re .. 36 -27 24 -55 et seq. 24 -28, 24 -29 25 -3 28-2,28-3 LOCAL BUSINESS TAX Regulations enumerated ................. 17 -16 et seq. See: BUSINESS REGULATIONS LODGING 17 -34.13 Unauthorized lodging and camping....... 19 -11 LOGO Village logo ............................. 1 -10 LOTS 14 -79 et seq. Subdivision design standards ............ 36 -18 Zoning regulations ...................... 45 -1 et seq. See: ZONING (Appendix C) M MANAGER. See: VILLAGE MANAGER MANGROVE STANDS Flood damage prevention provisions...... 12.5 -45 MAPS. See: SURVEYS, MAPS AND PLATS MARINE SANCTUARIES Designated ............................. 5 -101 Supp. No. 61 2946 MOTOR VEHICLES AND TRAFFIC Ambulances ............................ 17-50,17-51 Businesses located outside village limits; marking of commercial vehicles ..... 17 -34.13 Combat Auto Theft (CAT) ............... 18 -19 Discarded vehicles, etc.) Abatement of public nuisances on pri- vate property ................... 14 -79 et seq. See: NUISANCES Hitchhiking prohibited .................. 19 -6 Local business tax; marking of commercial vehicles ........................... 17 -33.1 Motorized scooters ...................... 18 -20 Park regulations re traffic ............... 20 -5 Parking. See herein: Stopping, Standing and Parking Stopping, standing and parking Parking restricted .................... 18 -34 Recreational, boating and camping equip- ment, and personal recreational use trailers; parking on residential prop- erty restricted ................... 18 -35 Signs, parking in violation of.......... 18 -36 Vehicle, trailer or boat parking prohib- ited upon paved or unpaved area of the road right -of -way of specific roadways ....................... 18 -34.1 Violations; fines Handicap spaces ................... 18 -37 Non - handicap spaces ............... 18 -38 Vehicular operation Speed limits Generally ......................... 18 -16 Weight limitations on certain roads.... 18 -18 f 1 r CODEINDEX Supp. No. 61 2947 Section Section N OFFICERS AND EMPLOYEES Administrative code ..................... 2 -39 et seq. NOISE CONTROL See: ADMINISTRATIVE CODE Definitions ............................. 19 -99 Chief of police's duties .................. 2 -75 Dissemination of information ............ 19 -106 Definitions and rules of construction ..... 1 -2 Enforcement ............................ 19 -104 Elections ............................... 10 -1 et seq. Exemptions ............................ 19 -101 See: ELECTIONS Permissible time for construction activity. 19 -105 Emergency management Prohibition against Speakers in rights -of -way and air space 19 -102 Exempt employee emergency duty Unreasonable noise ................... 19 -100 Compensation ..................... 8 -31 Radios or other mechanical sound - making Finance director ........................ 2 -59 devices or instruments in vessels, op- Fire chiefs duties ....................... 2 -81 eration of ......................... 19 -103 Golf advisory board ..................... 9 -16 et seq. See: GOLF ADVISORY BOARD NUDITY Impersonating village official ............ 19 -8 Topless costumes prohibited ............. 19 -64 Librarian ............................... 2 -93 Mayor .. ............................... 2-18,8-16 NUISANCES Pensions and retirement. See also that Abandoned real property ................ 15 -11 et seq. subject See: PROPERTY Length of service award plan for volun- Abatement of public nuisances on private teer firefighters ................. 2 -170 et seq. property Pension and certain other benefits for Abatement of public nuisance ......... 14 -82 fire and police employees......... 2 -159 et seq. Assessment of costs and imposition of Pension and certain other benefits for lien ............................ Definitions ........................... 14 -83 14 -79 general employees............... 2 -146 et seq. Notice of public nuisance; right to re- Social security y ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' -136 et se q' quest hearing ................... 14 -81 Police Uses or activities constituting a public Reserve force nuisance ........................ 14 -80 Appointment to service by chief of Animals creating nuisances .............. 4 -12 police ........................ 23 -45 False alarms Public works director .................... 2 -84 Excessive false alarms declared public Recreation director ...................... 2 -110 nuisance ........................ 19 -212 Social security .......................... 2 -136 et seq. Panhandling........... ................ 19 -12 See: SOCIAL SECURITY Rabid animals declared nuisance......... 4 -42 Village clerk and deputy village clerk..... 2 -67 et seq. See: DOCUMENTS AND PUBLIC RE- NUMBER CORDS Definitions and rules of construction ..... 1 -2 Village manager ........................ 2 -115 et seq. See: VILLAGE MANAGER O OFFICIAL TIME OATH, AFFIRMATION, SWEAR OR SWORN Definitions and rules of construction ..... 1 -2 Administrative code, provisions re oaths of office .............................. 2 -41 OPEN SPACES. See: YARDS AND OPEN Definitions and rules of construction ..... 1 -2 SPACES General employees retirement board; oaths ORDINANCES. See: CODE OF ORDI- of office ........................... 2 -154 NANCES Reserve police force; oath required ....... 23 -47 OWNER OBSCENITY. See: INDECENCY AND OB- Definitions and rules of construction ..... 1 -2 SCENITY OBSTRUCTIONS P Passageways, obstructing ................ 19 -47 PALM BEACH COUNTY. See: COUNTY OFFENSES Definitions ............................. 19 -1 PARKING Enumerated ............................ 19 -3 et seq. Boat launching area See also specific offenses as indexed Vehicle /trailer parking in designated ar- State misdemeanors adopted ............ 19 -2 eas ............................. 5 -35 Supp. No. 61 2947 NORTH PALM BEACH CODE Supp. No. 61 2948 i Section Section PARKING (Cont'd.) PARKS, PLAYGROUNDS AND RECREATION Landscaping, provisions re off - street park- (Cont'd.) ing . ............................... 27 -38, 27 -59 Speed of vehicles..................... 20 -5(4) et seq. State motor vehicle laws .............. 20 -5(1) See: LANDSCAPING Trees Parks; designated parking areas......... 20 -5(6) Climbing trees, etc .................... 20 -4 Stopping, standing and parking.......... 15 -34 et seq. Use by public only ...................... 20 -1 See: MOTOR VEHICLES AND TRAF- PEDDLERS AND SOLICITORS FIC Zoning, provisions re off - street parking... 45 -27 et seq. Age restrictions ......................... 17 -91 See: ZONING (Appendix C) Appeal ............................. 17 -93 Definitions ............................. 17 -52 PARKS, PLAYGROUNDS AND RECREATION Enforcement ............................ 17 -94 Alcoholic beverages Granting or rejecting application......... 17 -55 Consumption on playgrounds and public License parks ........................... 3 -3 Application for....................... 17 -84 Bicycles Limitation on hours for peddling or solici- Operation in safe manner, etc.......... 20 -6(2) tation ............................. 17 -88 Operation prohibited in certain areas.. 20 -6(1) Notice by property owners ............... 17 -90 Boat launching areas Permit Vehicle /trailer parking in designated ar- Application for ....................... 17 -84 eas ............................. 5 -35 Display of............................ 17 -87 Buildings or structure, erecting.......... 20 -3 Not transferable ...................... 17 -86 Department of recreation Required ............................. 17 -83 Director's duties Revocation of ........................ 17 -92 Conduct community activity ........ 2- 110(2) Prohibited practices ..................... 17 -89 Supervise recreation areas.......... 2- 110(1) Purpose . ............................... 17 -81 Ejectment of violators ................... 20 -8 PENALTIES. See: FINES, FORFEITURES Enforcement of provisions, responsibility . 20 -7 AND OTHER PENALTIES Golf advisory board ..................... 9 -16 et seq. See: GOLF ADVISORY BOARD PENSIONS AND RETIREMENT Hours regulated ........................ 20-1 ICMA defined contribution pension plan Meetings and gatherings Administrative services agreement and Liability for loss or injury ............. 20 -23 adoption agreements ............ 2- 170.14 Permit Creation ............................. 2- 170.12 Appeal from refusal to issue ........ 20 -35 Effective date ........................ 2- 170.15 Application ........................ 20 -33 Vesting period........................ 2- 170.13 Form ............................. 20 -32 Length of service award plan for volunteer Issuance standards ................ 20 -34 firefighters Required .......................... 20 -31 Benefit formula ...................... 2 -170.6 Revocation ........................ 20 -36 Contact person....................... 2- 170.10 Rules and regulations, permittee bound Effective date ........................ 2 -170.3 by .............................. 20 -22 Eligibility ............................ 2 -170.4 Property used to violate provisions, confis- Entitlement age ...................... 2 -170.5 cation of .......................... 20 -9 Plan, name of........................ 2 -170.2 Recreation advisory board Point system ......................... 2- 170.11 Created .............................. 20 -61 Preretirement death benefit........... 2 -170.7 Duties ............................... 20 -66 Purpose ............................. 2 -170 Meetings ............................ 20 -65 Sponsor, name of..................... 2 -170.1 Officers' quorum, compensation........ 20 -64 Trustee and contact person............ 2- 170.10 Removal ............................. 20 -63 Vesting provisions, schedule of ........ 2 -170.8 Terms ............................... 20 -62(b) Village contributions.................. 2 -170.9 Vacancies ............................ 20 -62(c) Pension and certain other benefits for fire Restrooms, failure to cooperate in keeping and police employees neat or sanitary ................... 20 -2 Benefit amounts Traffic 401(a)(9) Required Distributions .... 2- 161(i) Enforcement of traffic regulations ..... 20 -5(2) Cost of living ...................... 2- 161(g) Operation confined to roads ........... 20 -5(5) Disability retirement ............... 2- 161(e) Parking areas designated ............. 20 -5(6) Early retirement................... 2- 161(b) Signs . ............................... 20 -5(3) Formula .......................... 2- 161(c) Supp. No. 61 2948 i CODEINDEX Supp. No. 61 2948.1 Section Section PENSIONS AND RETIREMENT (Cont'd.) Limitation on ...................... 2- 161(h) Normal retirement benefit.......... 2- 161(a) Preretirement death ............... 2- 161(d) Termination benefits and vesting.... 2- 161(f) Board of trustees Bring and defend lawsuits Powers ......................... 2- 164(e) Composition ....................... 2- 164(a) Forfeiture of membership on board for absenteeism ............... 2- 164(b) Meetings .......................... 2- 164(d) Power and authority ............... 2 -166 Reports and records ................ 2- 164(c) Contributions Employer ......................... 2- 163(c) Forfeitures ........................ 2- 163(d) Member ........................... 2- 163(a) State .............................. 2- 163(b) Creation of trust and definitions....... 2 -159 Creation of trust ................... 2- 159(a) Supp. No. 61 2948.1 Section CODE INDEX Section SUBDIVISIONS (Generally) Appearance plan (Appendix A). See that subject Code enforcement, applicability re ....... 2 -173 Flood damage prevention provisions..... 12.5 -41(4) Zoning regulations ...................... 45 -1 et seq. See: ZONING (Appendix C) Supp. No. 64 2952.1 Section 6 CODE INDEX Supp. No. 55 2953 Section SUBDIVISIONS (Appendix B) (Note — Section contained herein refer to 36 -37 sections found within Appendix B) Amendments Public hearing required ............... 36 -39.1 Definitions General terms ........................ 36 -5 Specific terms ........................ 36 -6 Design standards Alleys ............................... 36 -20 Blocks. See within this subheading: Lots 26 -3 and Blocks Comprehensive plan, conformity with.. 36 -17(1) Easements and rights -of -way 36 -42 Access waterways .................. 36 -22(c) Drainage .......................... 36 -22(b) Utilities ........................... 36 -22(a) Lots and blocks Access ............................ 36 -18(3) Block lengths ...................... 36 -18(6) Double frontage lots ................ 36 -18(5) Lot lines .......................... 36 -18(4) Lot size ........................... 36 -18(1) Residence lots, minimum ........... 36 -18(2) Public sites and open spaces .......... 36 -23 Rights -of -way. See within this subhead- ing: Easements and Rights -Of -Way 36 -14(2) Sidewalks ............................ 36 -21 Soil and flood hazards, consideration of 36 -17(2) Streets 36 -14(3) Adjoining property, street access to.. 36 -19(7) Arterial streets, subdivisions on..... 36 -19(2) Culs -de- sac ........................ 36 -19(6) Half streets ....................... 36 -19(8) Intersection design ................. 36 -19(4) Minimum street design specifications 36 -19(5) Minor streets ...................... 36 -19(1) Railroads or limited access highway, 36 -10(1) subdivisions on ............... 36 -19(3) Street names ...................... 36 -19(9) Subdivision entrances ................ 36 -25 Water bodies, access to ............... 36 -24 Enactment and authority ................ 36 -2 Enforcement provisions 36 -10(7) Appeals .............................. 36 -35 Erection of buildings and issuance of 36 -10(5) permits ......................... 36 -38 General enforcement regulations ...... 36 -36 Land clearing, vegetation and wildlife 36 -8 protection and preservation 36 -16 Application procedure for vegetation 36 -4 removal unrelated to building permit applications ........... 36- 38.1(3) Exceptions ........................ 36- 38.1(5) Fees .............................. 36- 38.1(6) Generally ......................... 36- 38.1(1) Vegetation protection during construc- 36 -27(b) tion .......................... 36- 38.1(4) Vegetation removal permit, applica- 36 -34 tion procedure ................ 36- 38.1(2) Supp. No. 55 2953 Section SUBDIVISIONS (Appendix B) (Cont'd.) Required improvements ............... 36 -37 Vegetation. See within this subheading: Land Clearing, Vegetation and Wildlife Protection and Preserva- tion Wildlife protection and preservation. See within this subheading: Land Clear- ing, Vegetation and Wildlife Protec- tion and Preservation Jurisdiction ............................ 26 -3 Legal status Conflicting regulations ................ 36 -41 Effective date ........................ 36 -42 Saving clause ........................ 36 -40 Plats, platting Procedures for subdivision plat approval. See herein that subject Procedures for subdivision plat approval Construction plan specifications ....... 36 -13 Construction plans procedure Preparation of construction plans ... 36 -12(1) Submission and review of construc- tion plans .................... 36 -12(2) Surety device, posting of ........... 36 -12(3) Final plat procedure Application for final plat approval... 36 -14(2) Generally ......................... 36 -14(1) Planning commission action ........ 36 -14(4) Planning commission review........ 36 -14(3) Recording of final plat .............. 36 -14(6) Village council action ............... 36 -14(5) Final plat specifications ............... 36 -15 General prerequisites to .............. 36 -7 Pre - application conference ............ 36 -9 Preliminary plat procedure Application for preliminary plat ap- proval ........................ 36 -10(1) Developments of regional impact.... 36 -10(2) Effect of approval .................. 36 -10(9) Failure of planning commission to take action ................... 36 -10(8) Fees .............................. 36 -10(3) Notification of action ............... 36 -10(7) Planning commission action ........ 36 -10(6) Planning commission review........ 36 -10(5) Review comments .................. 36 -10(4) Preliminary plat specifications ........ 36 -11 Qualification of person making survey . 36 -8 Reversion of subdivided land to acreage 36 -16 Purpose and intent ..................... 36 -4 Required improvements Bikeways ............................ 36 -29.1 Bridges .............................. 36 -30 General requirements ................ 36 -26 Monuments Permanent control points........... 36 -27(b) Permanent reference monuments ... 36 -27(a) Planned unit development alternatives. 36 -34 Screening walls and landscaping ...... 36 -33 NORTH PALM BEACH CODE Supp. No. 55 2954 Section Section SUBDIVISIONS (Appendix B) (Cont'd.) T Sidewalks ............................ 36 -29 Storm water management ............. 36 -31 TAXATION Streets Insurance excise taxes .................. 26- 16,26 -17 Arterial and collector streets........ 36 -28(a) Local business tax ...................... 17 -16 et seq. Curb and gutter ................... 36 -28(c) See: BUSINESS REGULATIONS Marginal access streets ............. 36 -28(b) Pension and certain other benefits for fire Pavement base .................... 36 -28(f) and police employees Subgrad e .......................... 36 -28(e) Tax on insurers ...................... 2 -167 Telecommunications service tax Swales ............................ 36 -28(d) Collection ............................ 26 -52 Wearing surface ................... 36 -28(g) Compensation ........................ 26 -54 Utilities Exemptions .......................... 26 -53 Sanitary sewer .................... 36 -32(a) Levy . ............................... 26 -51 Septic tanks ....................... 36 -32(e) Rate .. ............................... 26 -51 Underground utilities .............. 36 -32(d) Utility tax .............................. 26 -29 et seq. Water and sewer systems........... 36 -32(c) See: UTILITY TAX Water supply ...................... 36 -32(b) Wells TELECOMMUNICATIONS Individual wells prohibited in cer- Compliance with other laws; police power. 29 -10 tain areas of village ........ 36 -32(f) Construction bond ...................... 29 -13 Short title .............................. 36 -1 Definitions ............................. 29 -3 Enforcement remedies ................... 29 -15 SUITS AND OTHER PROCEEDINGS Fees and payments ..................... 29 -5 Code enforcement Force majeure .......................... 29 -16 Limitations on actions for money judg- Insurance; surety; indemnification ....... 29 -12 ments .......................... 2 -182 Intent and purpose ..................... 29 -2 Registration ............................ 29 -4 SURVEYS, MAPS AND PLATS Involuntary termination .............. 29 -9 Official zoning map ..................... 45 -17 Reports and records..................... 29 -6 Subdivision regulations ................. 36 -7 et seq. Rights -of -way, use ...................... 29 -8 See: SUBDIVISIONS (Appendix B) Security fund ........................... 29 -14 Service tax, generally ................... 26 -51 et seq. SWALE AREAS See: TAXATION Sodding required in certain instances .... 24 -3 Title .... ............................... 29 -1 Trees in swale areas .................... 27 -16 et seq. Transfer of control; sale or assignment ... 29 -11 See: TREES AND SHRUBBERY Underground installation; relocation ..... 29 -7 SWEAR OR SWORN. See: OATH, AFFIRMA- TELEPHONES TION, SWEAR OR SWORN Alarms; interference with police and fire rescue department trunk lines prohib- SWIMMING ited ............................... 19 -215 Bathing regulations; diseased persons pro- hibited from bathing in public pool, TELEVISION etc . ............................... 19 -3 Cable television rate regulation.......... 17 -1 Restricted waters, swimming in.......... 5 -3 TENSE SWIMMING POOLS Definitions and rules of construction ..... 1 -2 Barrier /fencing requirements ............ 25 -5 THEFT Code enforcement, applicability re ....... 2 -173 Combat Auto Theft (CAT) ............... 18 -19 Construction ........................... 25 -4 Country club premises regulations ....... 9 -1 TIME Definitions ............................. 25 -1 Definitions and rules of construction ..... 1 -2 Elevation ............................... 25 -6 Final approval .......................... 25 -7 TRAFFIC. See: MOTOR VEHICLES AND Grade ... ............................... 15 -11 TRAFFIC Permits . ............................... 25 -3 TRAILERS Setbacks ............................... 25 -2 Personal recreational use trailers; parking on residential property restricted ... 18 -35 SWITCHBLADE KNIVES Sale prohibited ......................... 19- 185(a) TRASH. See: GARBAGE AND TRASH Supp. No. 55 2954