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Code of Ordinances Supplement 65SUPPLEMENT NO. 65 April 2017 CODE OF ORDINANCES Village of NORTH PALM BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 2017-03, adopted January 26, 2017. See the Code Comparative Table for further information. Remove Old Pages Insert New Pages xi —xvi Checklist of up -to -date pages SH:3 151 -152.2 164.1 -164.3 1171 1173 -1177 1781 1783 -1796 2895 2935- 2948.1 2952.1 -2954 xi —xvi Checklist of up -to -date pages (following Table of Contents) SH:3 151 - 152.2.1 164.1 -164.3 1171 1173 -1180 1781 1783 -1799 2895 2935- 2948.1 2953- 2954.1 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. unicode Municipal Code Corporation II RO. Box 2235 Tallahassee, FL 32316 info @municode.com II 880.262.2633 www.municode.com TABLE OF CONTENTS Page Officials of the Village ........ ............................... iii Preface...................... ............................... v Adopting Ordinance .......... ............................... vii Readopting Ordinance ........ ............................... x.i Checklist of Up -to -Date Pages ............................... [1] 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 ..... ............................... 13847 Div. 1. Generally ............................... 13847 Div, 2. Rules of Procedure . . . . . . . . . . . . . . . . . . . . . . 13848 Art, III. Administrative Code . . . . . . . . . . . . . . . . . . . . . . . 13848 Div, 14 Generally ............................... 13848 Div, 24 Audit Committee ........................ 139 Div, 34 Department of Finance . . . . . . . . . . . . . . . . . . 140 Div, 44 Department of Records .................. 141 Div, 54 Police Department, . 142 Div, 64 Fire Rescue Department ................. 14241 Div, 74 Department of Public Works ............. 14241 Div, 84 Department of Library, . 4 4 4 14242 Div, 94 Department of Country Club ............. 143 Div, 10. Department of Recreation, . 143 Div, 11. Department of Community Development, 143 Supp. No. 65 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 General Employees ...................... 145 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees ............... 152.3 Div. 5. Length of Service Award Plan for Volunteer 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. 65 %ii 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. 65 %iii NORTH PALM BEACH CODE Chapter Planning and Development ............................. 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 ............ 1174 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. 65 xiv TABLE OF CONTENTS— Cont'd. Chapter Page Art. III. Sidewalks and Driveways .................. 1520.3 Art. I. In General ... ............................... Div. 1. Generally ............................... 1520.3 1683 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. Communications Services ............................... 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. 65 xv NORTH PALM BEACH CODE Page Code Comparative Table —Laws of Florida .................... 2873 Code Comparative Table— Ordinances ........................ 2875 Charter Index ............... ............................... 2933 Code Index .................. ............................... 2935 Supp. No. 65 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 65 77 OC xiii, xiv 65 79,80 OC xv, xvi 65 81,82 58 SH:1, SH:2 63 83 58 SH:3 65 133, 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 [1] Supp. No. 65 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 139, 140 34 326.1, 326.2 63 141,142 62 327,328 27 142.1, 142.2 62 329,330 58 143, 144 52 331,332 58 144.1 52 332.1 58 145, 146 47 333,334 45 147, 148 47 335 45 149, 150 47 381,382 60 151, 152 65 383,384 53 152.1, 152.2 65 385,386 53 152.2.1 65 387,388 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 65 401 53 164.3 65 453 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 [2] Supp. No. 65 CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 725,726 52 1171 65 727 52 1173,1174 65 777 OC 1175, 1176 65 779,780 OC 1177, 1178 65 781,782 OC 1179, 1180 65 783,784 OC 1225 61 785,786 OC 1227, 1228 61 787,788 OC 1229, 1230 63 789 OC 1231, 1232 63 839 OC 1233, 1234 63 889 39 1235 63 891,892 61 1237, 1238 52 893,894 52 1239, 1240 52 895 50 1241,1242 52 945 41 1289 52 947,948 49 1291, 1292 52 948.1 49 1293, 1294 29 949,950 41 1295 29 951 41 1343,1344 62 997 OC 1345, 1346 62 999, 1000 22 1347, 1348 62 1051, 1052 61 1348.1 62 1052.1 61 1349, 1350 45 1053, 1054 31 1350.1, 1350.2 45 1054.1, 1054.2 31 1351, 1352 33 1054.3, 1054.4 31 1353, 1354 33 1055, 1056 36 1355, 1356 33 1057, 1058 33 1356.1 33 1059, 1060 33 1357, 1358 OC 1060.1, 1060.2 43 1359, 1360 33 1060.3, 1060.4 43 1361, 1362 33 1060.5 43 1363, 1364 52 1061, 1062 8 1364.1 52 1063, 1064 54 1365, 1366 33 1065, 1066 54 1366.1, 1366.2 52 1067, 1068 61 1366.3, 1366.4 33 1069,1070 61 1367 5 1121 OC 1411 OC [3] Supp. No. 65 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 1463 OC 2353 OC 1465, 1466 52 2355, 2356 OC 1517 64 2357,2358 33 1519, 1520 64 2359, 2360 33 1520.1, 1520.2 64 2361, 2362 33 1520.3, 1520.4 64 2363, 2364 33 1521, 1522 47 2364.1 33 1523 47 2365, 2366 OC 1573 24 2367,2368 37 1575, 1576 29 2368.1 37 1627 9 2369, 2370 OC 1629, 1630 27 2371, 2372 OC 1631 27 2373,2374 33 1681 OC 2375, 2376 33 1683, 1684 33 2377, 2378 33 1684.1, 1684.2 24 2379 33 1685, 1686 OC 2479, 2480 62 1687, 1688 17 2481, 2482 62 1689, 1690 17 2483, 2484 62 1739 14 2485,2486 62 1741, 1742 21 2487, 2488 62 1781 65 2488.1, 2488.2 62 1783, 1784 65 2488.3, 2488.4 62 1785, 1786 65 2488.5, 2488.6 62 1787, 1788 65 2488.7, 2488.8 62 1789, 1790 65 2489, 2490 59 1791, 1792 65 2491, 2492 59 1793, 1794 65 2493, 2494 59 1795, 1796 65 2495, 2496 59 1797, 1798 65 2497, 2498 59 1799 65 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 [4] Supp. No. 65 CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 2505, 2506 10 2512.5, 2512.6 50 2507, 2508 13 2512.7, 2512.8 51 2509, 2510 62 2512.9, 2512.10 63 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 65 2510.55, 2510.56 25, Add. 2933, 2934 25 2511, 2512 57 2935, 2936 65 2512.1, 2512.2 57 2937, 2938 65 2512.2.1, 2512.2.2 63 2939, 2940 65 2512.3, 2512.4 49 2941, 2942 65 [5] Supp. No. 65 NORTH PALM BEACH CODE Page No. Supp. No. 2943, 2944 65 2945, 2946 65 2947, 2948 65 2948.1 65 2949, 2950 55 2951, 2952 64 2953, 2954 65 2954.1 65 2955, 2956 55 2957, 2958 62 2959, 2960 62 [6] Supp. No. 65 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 2016 -07 9- 8 -16 Included 65 2016 -08 9 -22 -16 Omitted 65 2016 -09 9 -22 -16 Omitted 65 2016 -10 11 -10 -16 Omitted 65 2016 -11 12- 8 -16 Omitted 65 2017 -01 1 -12 -17 Omitted 65 2017 -02 1 -12 -17 Included 65 2017 -03 1 -26 -17 Included 65 2017 -04 2- 9 -17 Omitted 65 2017 -05 2- 9 -17 Omitted 65 Supp. No. 65 SH:3 ADMINISTRATION by the Village will be added to the amount distributed on a current basis in order to determine total wages, salary, pay or compensation. In the event that the employer agrees to assume and pay Member contributions in lieu of direct contributions by the Member, such contributions shall accordingly 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 contribu- tions by the employer shall be deemed and considered as part of the Member's accumulated contributions and subject to all provisions of this plan pertaining 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 separately and kept on a segregated bookkeeping basis. Funds from these sources may be used only for additional benefits for Members, as determined 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, establish- ment. (a) There is hereby created a general employees retirement board of the Village which shall consist of five (5) members. Two (2) members of the Board shall be employees 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 Supp. No. 65 151 § 2 -151 for misconduct by majority vote of the employees or the Village Council or is removed for nonparticipation by missing two (2) or more consecutive meetings. 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 terms of the resident members appointed by the Village Council shall com- mence on May 1St and shall terminate on April 30th. 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 members 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 appointed by the Village council within thirty (30) days to serve the remainder of the term or as otherwise determined by the Village Council. Should a vacancy occur in the position of the fifth member, the Board shall appoint a replacement 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 attorney may give advice and legal assistance to said retirement board in all mat- ters 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 discretion, employ independent legal counsel for such purposes. (d) The retirement Board shall have full authority to administer all the provisions of this division and shall cause all disbursements and § 2 -151 NORTH PALM BEACH CODE 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 responsibility for the administration and proper operation thereof and for effectuating the provi- sions of the law relating thereto, is vested in the retirement Board. (f) The Retirement Board shall have the authority to employ such professional, technical or other advisers as required to carry out the provisions of this Ordinance. (g) The Board shall have the power and author- ity 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 beneficiaries for the exclusive purpose of providing benefits to participants and their beneficiaries and defray- ing 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; Ord. No. 2017 -02, § 2, 1- 12 -17) Sec. 2 -152. Additional rules and regula- tions authorized. The retirement Board shall have the power to adopt rules and regulations, not inconsistent with the provisions of this division, governing its activities 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 securities. (a) The retirement Board shall have the power and authority to retain the services of an invest- ment advisor registered under the Investment Supp. No. 65 152 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 general retirement fund. All funds and securi- ties 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; quorum. Before entering upon their duties as members of the Board, each member shall take and subscribe 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, terminated or amended in whole or in part; provided that if ADMINISTRATION 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 superseded by another pension plan, or if contribu- tions to the system are discontinued, the Board shall continue to administer the system in accordance with the provisions of this division, for the sole benefit of the then Members, any beneficiaries then receiving retirement allow- ances, 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 vesting of one hundred (100) percent of the accrued benefits to the person entitled to benefits in accordance with the provi- sions thereof. (c) Upon termination of the Fund by the Village 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 required, 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 § 2 -156 distribution shall be by payment in cash, by the maintenance of another or substituted trust fund, by the purchase of insured 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 manner set forth in this subsection, on the basis that the amount required to provide any given retirement income is the actuarially computed single -sum value of such retirement income, except that if the 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 annuity. The actuarial single -sum value may not be less than the employee's accumulated contributions to the plan, with interest if provided by the Fund, less the value of any plan benefits previ- ously paid to the employee. (4) If there is asset value remaining after the full distribution specified in subsec- tion (3), and after payment of any expenses incurred with such distribution, such excess shall be returned to the Village. (5) The Board shall distribute, in accordance with the manner of distribution determined 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, Supp. No. 65 152.1 § 2 -156 NORTH PALM BEACH CODE the Board shall honor income deduction orders (4) The terms of the modification are for alimony or child support in accordance with incorporated in this chapter of the Vil- rules and procedures by the Board. lage Code by amendatory ordinance. (c) Pension validity. The Board of retirement shall have the power to examine into the facts upon which any pension shall heretofore or hereafter have been granted or obtained to determine if such pension was granted errone- ously, fraudulently 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 heretofore under any prior or existing law or who shall hereafter under this division be errone- ously, improperly or illegally classified. (d) Incompetence. If any member or beneficiary is a minor or is, in the judgment of the Board, otherwise incapable of personally receiving 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, make 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 alternate 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 eliminated. (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 bargaining agreement. Supp. No. 65 152.2 (f) Maximum Pension. (1) Section 415(b) Internal Revenue Code Limits. a. 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 actual annual retire- ment income paid in any year with respect to a Participant under this Plan attributable to employer provided benefits shall not exceed the dollar amount allowable for any calendar year pursuant to Code Sec- tion 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 Equivalent 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 thereunder 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), ADMINISTRATION compensation includes those items as set forth in Regulation 1.415 - 2(d). This definition specifically includes the crediting of compensa- tion while absent 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 Benefits. 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 Supp. No. 65 152.2.1 § 2 -156 ADMINISTRATION Sec. 2- 170.8. Vesting provisions. The vesting is based on years of credited service 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 actuarial 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. § 2- 170.15 DIVISION 6. ICMA DEFINED CONTRIBUTION PENSION PLAN Sec. 2- 170.12. Creation. The village council hereby approves the creation 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 agreement and adoption agreements. The village council hereby approves the administrative services agreement and adoption agreements 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 Retirement. (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. However, 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 additional benefits set forth in this division Supp. No. 65 164.1 § 2- 170,15 NORTH PALM BEACH CODE and that agreement is ratified or the union waives bargaining and consents to its implementa- tion. (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 welfare 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 pending 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 *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. or who has admitted violating the same provi- sion within five (5) years prior to the violation, notwithstanding the violations occur at different locations. Special magistrate means a special magistrate appointed by the village council pursuant to section 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. 65 164.2 Chapter 6, Village of North Palm Beach Code, including the Florida building code, the appear- ance code and appearance plan (Appendix 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, 18 -35 and 18 -35.1 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. ADMINISTRATION Chapter 25, Village of North Palm Beach Code, containing the swimming pool code. Chapter 27, Village of North Palm Beach Code, containing the trees and shrubbery code, including landscaping of yards and park- ing 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; Ord. No. 2016 -07, § 5, 9 -8 -16) Sec. 2 -174. Special magistrates. (a) Appointment. The village council may appoint one (1) or more special magistrates to conduct code enforcement hearings. The special magistrate shall serve at the pleasure of the village council and may be removed by the village council Supp. No. 65 164.3 § 2 -174 Chapter 18 MOTOR VEHICLES AND TRAFFIC* Article I. In General Secs. 18- 1- 18 -15. Reserved. Article II. Operation of Vehicles Generally Sec. 18 -16. Speed limits — Generally. Sec. 18 -17. Reserved. Sec. 18 -18. Weight limitations on certain roads. Sec. 18 -19. Combat Auto Theft (CAT). Sec. 18 -20. Motorized scooters. Secs. 18- 21- 18 -32. Reserved. *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. Supp. No. 65 1171 Article III. Stopping, Standing and Parking Sec. 18 -33. Definitions. Sec. 18 -34. Parking restricted. Sec. 18 -34.1. Vehicle, trailer or boat parking prohibited upon paved or unpaved area of the road right -of -way of specific roadways. Sec. 18 -35. Boats and boat trailers; parking on residential property restricted in R -1 and R -2 residential zoning districts. Sec. 18 -35.1. Recreational vehicles and trailers; parking on residential property restricted in R -1 and R -2 residential zoning districts. Sec. 18 -36. Parking in violation of signs. Sec. 18 -37. Violations; fines— Handicap spaces. Sec. 18 -38. Same — Non - handicap spaces. *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. Supp. No. 65 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 II. 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. 65 1173 Sec. 18 -19. Combat Auto Theft (CAT). (a) Authority. The Florida Uniform Traffic Control Law authorizes municipalities to enact ordinances 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 displayed 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 program shall include: (1) Consent forms to be executed by motor owners who enroll vehicles in the program. (2) CAT program decals which conform to the specifications, colors and design of the uniform CAT decal established by the Florida Department of Law Enforce- ment 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. Administration of the program shall be conducted 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 differ- § 18 -20 NORTH PALM BEACH CODE ent definition for any term listed below, as the motorized scooter operator shall obey contained in F.S. ch. 316, shall control over the all authorized traffic control devices, following definitions. markings, and signs; (1) 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 American National Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards of the Snell Memorial Foundation (1984 Standards for Protec- tive Headgear for Use in Bicycling), or any other nationally recognized standards for bicycle helmets adopted by the United States Department of Transportation. (2) 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) Shall not be operated in public parks in the Village of North Palm Beach unless such use is specifically allowed by sig- nage posted in that particular park; (4) Shall be operated and used by one person only; passengers are not allowed on motor- ized scooters; and motorized scooters shall not tow any other person, object or vehicle of any kind; (5) Shall only be operated during daylight hours within the Village of North Palm Beach; (6) 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. 65 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 occa- sions, the motorized scooter operator shall have all the rights and responsibilities applicable to a pedestrian under the same circumstances; (9) Shall be operated at all times with both of the operator's hands on the scooter's handlebars; (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; motor- ized 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 accordance 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 -32. Reserved. ARTICLE III. STOPPING, STANDING AND PARKING* Sec. 18 -33. Definitions. For the purposes of this article, whenever the following words or terms are used herein they *Cross reference — Parking near a fire station or hydrant restricted, § 12 -2. MOTOR VEHICLES AND TRAFFIC shall have the meanings ascribed to them in this section, except where the context requires otherwise: Boat means any vessel, with or without motor propulsion, commonly used for private recreation activities, designed for travel over water, and for which a trailer is required for transportation over land. The definition of boat shall specifi- cally include a personal watercraft as defined by state statute and shall specifically exclude those vessels not required to be titled with the state pursuant to state statute. Recreational vehicle means any vehicle or portable structure designed primarily to provide temporary living quarters for recreation, camp- ing or travel use, other than a light van; either a vehicular structure mounted on wheels, self - powered or designed to be pulled by another vehicle or a structure designed to be mounted upon and carried by another vehicle. Trailer means a vehicular structure mounted on wheels designed to be pulled by another vehicle. (Ord. No. 2016 -07, § 2, 9 -8 -16) 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 inclusive of swale area within the village; provided, however, commercial vehicles making deliveries or pickups or otherwise servicing residential, commercial or industrial property within the village shall have the right, if necessary, to temporarily park in such areas during normal business hours. Supp. No. 65 1175 § 18 -34 (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 otherwise servicing residential, commercial or industrial property within the village shall have the right, if necessary to temporarily park upon private 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; (4) Dump trucks; (5) Construction equipment and vehicles, including 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 pick up trucks (dooley type); and § 18 -34 NORTH PALM BEACH CODE (13) Vehicles that exceed eight (8) feet in height, inclusive of attached equipment and accessories. (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 enclosed 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 magnetic 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 park- ing prohibited upon paved or unpaved 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; Supp. No. 65 1176 North side of Lighthouse Drive between Lighthouse Bridge and one hundred (100) feet east of the east right -of -way line of Lagoon 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 Elementary 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. Sec. 18 -35. Boats and boat trailers; parking on residential property restricted in R -1 and R -2 residential zoning districts. Boats and boat trailers, shall 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 following condi- tions: (1) A maximum of two (2) pieces of such equipment, inclusive of recreational vehicles provided for in section 18 -35.1, shall be permitted on a site at one (1) time, excluding those stored within a completely enclosed garage. Boats or personal watercraft shall be on trailers, and a boat or up to two (2) personal watercraft on a trailer shall be considered collectively as one (1) piece of equipment. (2) Such parking shall be limited to such equipment owned or leased by and for the use of the occupant of the site, except as otherwise provided in subsection (3) below. MOTOR VEHICLES AND TRAFFIC § 18 -35 (3) The location for such parked equipment (7) Such equipment shall be securely affixed shall be in the rear yard at least five (5) to the ground or removed immediately feet from the rear property line or in the upon the issuance of a hurricane or side yard not projecting beyond the front tropical storm warning by a recognized building line. Equipment, including equip- government agency so that it will not be ment owned by a guest of an occupant, a hazard or menace during high winds or may be temporarily parked on the site hurricanes. from the front building line to the paved (8) All such equipment, when parked on site, street or alleyway (including the swale/ shall be visually screened from the view rights -of -way as long as no portion extends of abutting properties, street rights -of- into any sidewalk or street, but exclud- way, and alleyways. The line of sight ing the front yard) for a period of time shall be from the edge of abutting proper - not to exceed seventy -two (72) hours in ties, street rights -of -way and alleyways any thirty (30) day period unless closest to the site. prohibited by section 18 -34.1. (a) Screening shall be in the form of a (4) Such equipment shall, at all times, be properly anchored opaque wall, fence, currently registered and licensed as or gate (meeting all building code required by the laws of the State of requirements) or an opaque hedge. Florida, be registered with the Village, Walls, gates or fences shall be and, if applicable, shall display a current constructed in accordance with sec - registration sticker and have attached a tion 45- 36(D). Hedges or other living current vehicle license plate. Each vegetation shall be planted in the individual registering equipment with ground on the property on which the Village shall allow Village personnel the equipment is located and shall to inspect the equipment on site during be of sufficient height to screen normal business hours. Failure to allow such equipment. If screening such inspection shall create a rebuttable requires vegetation greater than four presumption that such equipment is in (4) feet in height, vegetation shall violation of this section. be planted a minimum of four (4) (5) When parked on the site, such equip- feet at grade and shall reach a ment shall not be used for living or sufficient height to screen such sleeping quarters or for housekeeping or equipment within one (1) year. storage purposes and shall not have Vegetation shall be maintained at attached thereto any water, sewer, electric all times so as not to encroach onto or gas service connection, except for the neighboring properties or rights -of- purpose of recharging a vehicle's storage ways. batteries. (b) All boats shall be fully screened (6) Such equipment shall not exceed the along the side and rear property maximum length, width, height and lines, provided, however, that only weight permitted under applicable provi- consoles, t -tops, canopies, outrig- sions of the motor vehicle laws of the gers, electronics and similar State of Florida; provided, however, the appurtenances atop the boat may maximum length of the boat exclusive of project beyond the screening mate - the trailer shall not exceed thirty (30) rial when viewed from the right -of- feet and the maximum height shall not way adjacent to the front of the exceed twelve (12) feet, as measured property. This exception does not from the ground. The length of the boat apply to boats with cabins. shall be determined utilizing the boat's (9) If covers are provided for the open part of state registration. boats, they shall be tightly fitted such Supp. No. 65 1177 § 18 -35 NORTH PALM BEACH CODE that they conform to the contours of the boat. Covers shall be a solid color. No tarps shall be used. (10) All such equipment and the associated parking areas shall be kept in a clean, neat and presentable condition. Such equipment shall not be inoperable, wrecked, junked, partially dismantled or abandoned. Major repairs or overhauling shall not be conducted on the site. (11) The village council finds that, as a matter of fact, boats are a customary accessory use of the land in R -1 and R -2 zoning districts in the village. (12) 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. (13) Any person seeking to store on his or her property equipment that does not meet the dimensional requirements of subsec- tion (6) above may file an application for a special exception on a form supplied by the community development depart- ment. (a) The special exception applicant shall be required to demonstrate that due to the size, shape or physical configuration of the property and the location of the equipment, the applicant meets all non - dimensional requirements of this section, includ- ing, but not limited to, setbacks and required screening. (b) The application shall, at a minimum, be accompanied by a survey demonstrating the precise location proposed for storage of the equip- ment relative to adjacent properties and rights -of -way, and a site plan showing the proposed screening material, including all walls, fences, gates and landscaping. (c) The community development depart- ment shall review the application to Supp. No. 65 1178 ensure it is complete and prepare the necessary documentation for review by the planning commission. The planning commission shall review the application at a public hearing and forward a recommenda- tion of approval, approval with condi- tions or denial to the village council. The village council shall conduct a public hearing and approve, approve with conditions or deny the applica- tion. The village council's final determination shall be set forth in a written order. (d) The procedure and notice require- ments for consideration of the special exception application shall be as set forth in sections 45- 16.2(e) and (f) of the village code. (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; Ord. No. 2016 -07, § 3, 9 -8 -16) Editor's note —Ord. No. 2016 -07, § 3, adopted September 8, 2016, amended § 18 -35 to read as set out herein. Previ- ously § 18 -35 was titled "Recreational, boating and camping equipment and personal recreational use trailers; parking on residential property restricted." Sec. 18 -35.1. Recreational vehicles and trail- ers; parking on residential property restricted in R -1 and R -2 residential zoning districts. Recreational, campers, and camping equip- ment in the form of travel and /or camping trail- ers, motor homes, personal use recreational use trailers including motorcycle and all- terrain vehicle trailers and vans, designed and used exclusively as temporary living quarters for recreation, for camping, for travel and for other personal recreation use, shall 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 following condi- tions: (1) A maximum of two (2) pieces of such equipment, inclusive of those provided for in section 18 -35 at a time shall be permitted on a site, excluding those stored MOTOR VEHICLES AND TRAFFIC § 18 -35.1 within a completely enclosed garage. No exclusive of the trailer shall not exceed more than one (1) recreational vehicle thirty (30) feet and the maximum height shall be permitted on site. shall not exceed ten (10) feet. (2) Such parking shall be limited to such equipment owned or leased by and for the use of the occupant of the site. (3) The location for such parked equipment shall be in the rear yard at least five (5) feet from the rear property line, or in the side yard not projecting beyond the front building line. Equipment, including equip- ment owned by a guest of an occupant, may be temporarily parked on the site from the front building line to the paved street or alleyway (including the swale/ rights -of -way as long as no portion extends into any sidewalk or street) for a period of time not to exceed seventy -two (72) hours in any thirty (30) period unless prohibited by section 18 -34.1. (4) Such equipment shall, at all times, be currently registered and licensed as required by the laws of the State of Florida, be registered with the Village, and, if applicable, shall display a current registration sticker and have attached a current vehicle license plate. Each individual registering equipment with the Village shall allow Village personnel to inspect the equipment on site during normal business hours. Failure to allow such inspection shall create a rebuttable presumption that such equipment is in violation of this section. (5) When parked on the site, such equip- ment 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, except for the purpose of recharging a vehicle's storage batteries. (7) Such equipment shall be securely affixed to the ground or removed immediately upon the issuance of a hurricane or tropical storm warning by a recognized government agency so that it will not be a hazard or menace during high winds or hurricanes. (8) All such equipment, when parked on site shall be visually screened from the view of abutting properties, street rights -of- way, and alleyways. The line of sight shall be from the edge of abutting proper- ties, street rights -of -way and alleyways closest to the site. (9) (6) Such equipment shall not exceed the maximum length, width, height and (10) weight permitted under applicable provi- sions of the motor vehicle laws of the State of Florida; provided, however, the maximum length of the equipment Supp. No. 65 1179 Screening shall be in the form of a property anchored opaque wall, fence or gate (meeting all building code require- ments) or an opaque hedge. Walls, gates or fences shall be constructed in accordance with section 45- 36(D). Hedges or other living vegetation shall be planted in the ground on the property on which the equipment is located and shall be of sufficient height to screen such equip- ment. If screening requires vegetation greater than four (4) feet in height, vegeta- tion shall be planted a minimum of four (4) feet at grade and shall reach a suf- ficient height to screen such equipment within one (1) year. Vegetation shall be maintained at all times so as not to encroach onto neighboring properties or rights -of -ways. All such equipment and the associated parking areas shall be kept in a clean, neat and presentable condition. Such equipment shall not be inoperable, wrecked, junked, partially dismantled or abandoned. Major repairs or overhauling shall not be conducted on the site. The village council finds that, as a matter of fact, recreational equipment and camp- ing equipment are customary accessory uses of the land in R -1 and R -2 zoning districts in the village. § 18 -35.1 NORTH PALM BEACH CODE (11) Such parked equipment shall not be used (d) The procedure and notice require - in the course of any commercial activity. ments for consideration of the special For this purpose, commercial activity exception application shall be as set shall include any type of business or forth in sections 45- 16.2(e) and (f) of activity which is conducted on or off the the village code. subject premises. (Ord. No. 2016 -07, § 4, 9 -8 -16) (12) Any person seeking to store on his or her property equipment that does not meet the dimensional requirements of subsec- tion (6) above may file an application for a special exception on a form supplied by the community development depart- ment. (a) The special exception applicant shall be required to demonstrate that due to the size, shape or physical configuration of the property and the location of the equipment, the applicant meets all non - dimensional requirements of this section, includ- ing, but not limited to, setbacks and required screening. (b) The application shall, at a minimum, be accompanied by a survey demonstrating the precise location proposed for storage of the equip- ment relative to adjacent properties and rights -of -way, and a site plan showing the proposed screening material, including all walls, fences, gates and landscaping. (c) The community development depart- ment shall review the application to ensure it is complete and prepare the necessary documentation for review by the planning commission. The planning commission shall review the application at a public hearing and forward a recommenda- tion of approval, approval with condi- tions or denial to the village council. The village council shall conduct a public hearing and approve, approve with conditions or deny the applica- tion. The village council's final determination shall be set forth in a written order. Supp. No. 65 Sec. 18 -36. Parking in violation of signs. It shall be unlawful, when signs have been erected giving notice thereof, to stop, stand or 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. sections 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 handicap 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. [The next page is 12251 1180 Sec. 29 -1. Sec. 29 -2. Sec. 29 -3. Sec. 29 -4. Sec. 29 -5. Sec. 29 -6. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 29 -7. 29 -8. 29 -9. 29 -10. 29 -11. 29 -12. 29 -13. 29 -14. 29 -15. 29 -16. 29 -17. 29 -18. 29 -19. 29 -20. Chapter 29 COMMUNICATIONS SERVICES* Title. Intent and purpose. Definitions. Registration. Underground installation; damage to village facilities; emergen- cies; abandonment. Placement or maintenance of a communications facility or a wireless communications facility in public rights -of -way. Suspension or denial of permits. Appeals. Conditional use of public rights -of -way. Involuntary termination of registration. Compliance with other laws; police power. Transfer of control; sale or assignment. Insurance; surety; indemnification. Construction bond. Security fund. Enforcement remedies. Force majeure. Reservation of rights. No liability or warranty. Pass - through provider fees and charges. *Editor's note —Ord. No. 2017 -03, § 2, adopted January 26, 2017, repealed ch. 29, §§ 29- 1- 29 -16, in its entirety; and enacted a new ch. 29 to read as set out herein. Former ch. 29 pertained to "Telecommunications," and was derived from Ord. No. 01 -2000, §§ 1 -16, adopted February 8, 2001 and Ord. No. 2006 -28, § 9, adopted December 14, 2006. Supp. No. 65 1781 COMMUNICATIONS SERVICES Sec. 29 -1. Title. This chapter shall be known and may be cited as the Village of North Palm Beach Communica- tions Services Ordinance. (Ord. No. 2017 -03, § 2, 1- 26 -17) Sec. 29 -2. Intent and purpose. It is the intent of the village to promote the public health, safety, and general welfare by providing for the placement and maintenance of communications facilities and wireless com- munications facilities in the public rights -of -way within the village, adopting and administering reasonable rules and regulations consistent with State and Federal Law, including F.S. §§ 337.401, 362.01, and 337.29(3), as they may be amended, and the village's home -rule authority in accordance with the provisions of the Communica- tions Act of 1934, including without limitation the Telecommunications Act of 1996 and rules and orders of the FCC, as each is amended from time to time, and establishing reasonable rules and regulations necessary to manage the place- ment and maintenance of communications facili- ties and wireless communications facilities in the public rights of way by all communications services providers and pass- through providers. 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 regulations. It is further the intent of the village that this chapter shall not regulate the installa- tion of utility poles, including aerial facilities located between utility poles with associated pole attachments, provided such aerial facilities are not wireless communications facilities provid- ing wireless communications services. (Ord. No. 2017 -03, § 2, 1- 26 -17) 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 inconsistent 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 number. The words "shall" and "will" are mandatory, and Supp. No. 65 1783 § 29 -3 "may" is permissive. Words not otherwise defined herein or in any permit that might be granted pursuant to this chapter shall be given the meaning set forth in the Communications Act of 1934, 47 U.S.C. § 151 et seq., the Telecommunica- tions Act of 1996 and rules and orders of the FCC, as each may be amended (collectively the "Communications Act "), and, if not defined therein, as defined by Florida Statute; and, if not defined therein, be construed to mean the common and ordinary meaning. Abandonment shall mean the permanent ces- sation of all uses of a communications facility or wireless communications facility; provided that this term shall not include the cessation of all use of a facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be the "abandonment" of a facility in a public right -of -way. Communications services shall mean the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals, including video services, to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence of hereafter devised, regardless of the protocol used for such transmission or convey- ance. The term includes such transmission, conveyance, or routing in which computer process- ing applications are used to act on the form, code, or protocol of the content for purposes of transmission, conveyance, or routing without regard to whether such service is referred to as voice - over - internet protocol services or is classi- fied by the Federal Communications Commis- sion as enhanced or value- added. The term does not include: information services; the installa- tion or maintenance of wiring or equipment on a customer's premises; the sale or rental of tangible personal property, the sale of advertising, includ- ing but not limited to, directory advertising; or internet access service, electronic mail service, electronic bulletin board service, or similar online computer services. § 29 -3 NORTH PALM BEACH CODE Communications services provider shall mean any person who, upon registering with the vil- lage, places or maintains a communications facil- ity in the village's right -of -way. Communications facility or facility or system shall mean any permanent or temporary plant, equipment and property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, antennas, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equip- ment or pathways placed or maintained or to be placed or maintained in the public rights -of -way of the village and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer communications services. Com- munications facilities may be wired, wireless or both. Communications facilities may be placed or maintained within village rights -of -way by communications services providers or by pass - through providers in accordance with the provi- sions of this chapter. This definition shall not include utility poles, including aerial facilities located between utility poles and associated pole attachments, provided such aerial facilities are not wireless communications facilities providing wireless communications services. Distributed antenna system or DAS is a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure. FCC shall mean the Federal Communications Commission. Information service means the offering or a capability for generating, acquiring, storing, transforming, processing, retrieving, using or making available information via communica- tions services, including, but not limited to, electronic publishing, web - hosting services, and end -user 900 number service. The term does not include video service. 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 Supp. No. 65 1784 subsequently enacted or issued including, but not limited to, the Communications Act of 1934, 47 U.S.C. § 151 et seq. as amended by the Telecommunications 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 Communica- tions Commission or the governing state author- ity pursuant thereto. Person means any individual, corporation, partnership, 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. Pass - through provider shall mean any person who, upon registering with the village, places or maintains a communications facility in the vil- lage's rights -of -way and that does not remit communications service taxes as imposed by the village pursuant to F.S. Ch. 202. Place or maintain shall mean to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A communica- tions services provider or pass- through provider that owns or exercises physical control over communications facilities in public rights -of- way, such as the physical control to maintain and repair, is "placing or maintaining" the facilities. A party providing service only through resale or only through use of a third party's unbundled network elements is not "placing or maintaining" the communications facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the public rights -of -way is not placing or maintaining facilities in the public rights -of -way. PSC means the Florida Public Service Com- mission. Public rights -of -way means the surface, the airspace above the surface and the area below the surface of any public street, highway, road, boulevard, concourse, driveway, freeway, thoroughfare, parkway, sidewalk, bridge, tunnel, court, lane, path, alley, way, drive, circle, public easement, public place, or any other property for COMMUNICATIONS SERVICES which the village is the authority that has jurisdiction and control and may lawfully grant access to such property pursuant to applicable law. "Public 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. Registrant or facility owner shall mean a communications services provider or pass - through provider 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 process described in section 29 -4 whereby a communica- tions services or pass- through provider provides certain information to the village. Utility pole means a structure owned and /or operated by a public utility, or public utility district, electric membership corporation, or rural electric cooperative that is designed to, or used for the purpose of, carrying lines, cables, or wires for telecommunications, cable services or electric- ity. A utility pole is not transformed into a communications facility by the collocation or attachment of a communications facility. Video service means the transmission of video, audio, or other programming service to a purchaser, and the purchaser interaction, if any, required for the selection or use of a program- ming service, regardless of whether the program- ming is transmitted over facilities owned or operated by the video service provider or over facilities owned or operated by another dealer of communications services. The term includes point - to -point and point -to- multipoint distribution services through which programming is transmit- ted or broadcast by microwave or other equip- ment directly to the purchaser's premises, but does not include direct -to -home satellite service. The term includes basic, extended, premium, pay - per -view, digital video, two -way cable, and music services. Wireless communications facility means equip- ment or facilities located within a village right- Supp. No. 65 1785 § 29 -4 of -way, used to provide wireless communications service and may include, but is not limited to, antennas, towers, equipment enclosures, cabling, antenna brackets, and other such equipment. Wireless communications facilities within a right - of -way may be comprised of distributed antenna systems. Placing a wireless communications facil- ity on an existing tower or building does not cause the existing tower or building to become a wireless communications facility. Wireless com- munications facilities may be placed or maintained within village rights -of -way by communications services providers or by pass- through providers in accordance with the provisions of this article. Village means the Village of North Palm Beach, an incorporated municipality of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form. (Ord. No. 2017 -03, § 2, 1- 26 -17) Sec. 29 -4. Registration. (a) Each communications services provider or pass- through provider that desires to place or maintain any a communications facility or wire- less communications facility in any public right - of -way in the village shall be required to register with the village in accordance with the terms of this chapter. (b) Any communications services provider or pass- through provider desiring to place or maintain a communications facility or wireless communications facility in public rights -of -way shall file a registration with the village which shall include the following information: (1) Identity of the registrant and name, address and telephone number of registrant's primary contact person in connection with the registration; (2) Evidence of the insurance coverage required under this chapter and acknowledgment that registrant has received and reviewed a copy of this chapter; (3) A copy of Federal and/or state certifica- tion authorizing the registrant to provide communications services. § 29 -4 NORTH PALM BEACH CODE (4) If the registrant is a corporation, proof of authority to do business in the State of Florida, which may be satisfied by the number of the corporate certification or by other means. (5) A security fund in accordance with this chapter. (c) The village will review the information 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 registra- tion shall be effective and the village shall notify the applicant of the effectiveness of registration in writing. If the village determines that the information has not been submitted in accordance with subsection (b) of this section, the village shall notify the applicant of the non- effective- ness of registration, and reasons for the non - effectiveness, 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 written notice to the village noticing that it will no longer maintain any communications facilities or wireless communications facilities in the public rights -of -way and will no longer need to pull permits to perform work in public right - of -way. Within thirty (30) days of any change in the information required to be submitted pursu- ant to subsection (b) of this section, registrant shall provide updated information to the village. (d) A registration shall not convey title, equitable or legal, in the public right -of -way. Registrants may only occupy public rights -of- way for communications facilities. Registration does not excuse a communications services provider or pass- through provider from obtain- ing appropriate access or pole attachment agree- ments before locating its facilities on the village's or another person's facilities. Registration does not excuse a communications services provider or pass- through provider from complying with all applicable village laws, regulations and ordinances, including this chapter. (e) Registration with the village shall be non- exclusive. Registration does not establish any priority for the use of the public right -of -way by a Supp. No. 65 1786 registrant or any other registrants. Registra- tions are expressly subject to any future amend- ment 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. 2017 -03, § 2, 1- 26 -17) Sec. 29 -5. Underground installation; damage to village facilities; emergencies; abandonment. (a) Underground installation (1) To the extent required by applicable vil- lage rules and regulations and not inconsistent with applicable PSC rules and regulations and state and federal law, a registrant shall endeavor, when practicable, to install its communications facilities underground. This provision shall not apply to wireless communica- tions facilities. (2) To extent not inconsistent with PSC regulations and state and federal law, the village may require the use of trench - less technology (i.e., directional bore method) for the installation of underground facilities in the public rights - of -way as well as joint trenching and /or the co- location of facilities in existing conduit. In making such requests, the village shall take into consideration several factors including inconvenience to the public and other users of rights -of- way and the economic and technical feasibility of such requests. The village may issue such additional rules and regulations concerning the placement and maintenance of a communications facil- ity in the public rights -of -way, as may be consistent with applicable law and not inconsistent with this chapter. (3) In connection with excavation in the public rights -of -way, a registrant shall, where applicable, comply with the Underground Facility Damage Preven- tion and Safety Act set forth in F.S. Ch. 556, as it may be amended. COMMUNICATIONS SERVICES (b) Damage to village facilities. The registrant shall not in any way displace, damage, or destroy any village facilities, including, but not limited to, gas, sewer, water main, pipe, cable, conduit, fiber optic, or other pathway. The registrant shall be liable to the village for the costs of any repairs made necessary by any such displace- ment, damage or destruction, of facilities belong- ing 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 reimbursement within thirty (30) days after the submission of the bill by the village to the registrant. In all other non- emergency circumstances, the registrant shall be given prior written notice. If such repairs are not performed in a reasonable and satisfactory manner within the thirty (30) calendar 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. (c) Emergencies. 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 discre- tion may determine to be necessary, appropriate or useful in response to any imminent public health or safety emergency. If circumstances permit, the village shall 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, within twenty -four (24) hours after cutting or removing a facility. (d) Abandonment. 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 Supp. No. 65 1787 § 29 -6 if the village determines 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 altera- tion or removal of all or any portion of the facility by another utility or person. (Ord. No. 2017 -03, § 2, 1- 26 -17) Sec. 29 -6. Placement or maintenance of a communications facility or a wire- less communications facility in public rights -of -way. (a) A registrant agrees at all times to comply with and abide by all applicable provisions of the federal laws, state statutes and local laws and ordinances including, but not limited to, applicable zoning regulations not inconsistent with state and federal laws. (b) Except in the case of an emergency, a registrant shall not place or maintain a com- munications facility or wireless communications facility in public rights -of -way until all applicable permits have been issued by the village. The term "emergency" shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out -of- service condi- tion of a pre- existing service. Registrant shall provide prompt notice to the village of the place- ment or maintenance of a communications facil- ity or wireless communications facility in public rights -of -way in the event of an emergency. Registrant acknowledges that as a condition of granting such permits, the village may impose reasonable rules or regulations governing the placement or maintenance of a communications facility or wireless communications facility in public rights -of -way. Permits shall apply only to the areas of public rights -of -way specifically identified in the permit. The village may issue a blanket permit to cover certain activities, such as routine maintenance and repair activities, that may otherwise require individual permits or may impose lesser requirements. The village may also issue a project permit for two (2) or more communications facilities or wireless com- § 29 -6 NORTH PALM BEACH CODE munications facilities that form one (1) or multiple clusters to serve a specified service area and installed in a defined project phase. (c) As part of any permit application to place a new or replace an existing communications facility or wireless communications facility, where applicable, in the public rights -of -way, the registrant shall provide a proposal for construc- tion of the communications facility or wireless communications facility that sets forth at least the following: (1) (2) (3) An engineering plan signed and sealed by a Florida Registered Professional Engineer or prepared by a person who is exempt from such registration require- ments as provided in F.S. § 471.003, identifying the location of the proposed facility, including a description of the facilities to be installed, where it is to be located, and the approximate size of facili- ties and equipment that will be located in, on, over, or above public rights -of -way. A description of the manner in which the facility 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, information on the ability of the public rights -of -way to accommodate the proposed system that identifies all above ground facilities currently existing in the rights -of -way to which the permit applies, and extending two hundred (200) feet beyond said areas within village rights - of -way if available (such information shall be provided without certification 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 restoration to the public rights -of -way. Such plan shall include the timetable for construction for each phase of the project, and the areas of the village which will be affected. An inventory of all existing communica- tions facilities or wireless communica- Supp. No. 65 1788 tions facilities that the registrant or the registrant's predecessors in interest has previously placed in the rights -of -way to which the permit application applies, and extending five hundred (500) feet beyond said areas within the rights -of- way, as well as any other areas within the village which the village finds reason- ably necessary to review the permit application. (4) 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 communications facilities or wire- less communications facilities within the public rights -of -way, if there is insufficient space to accommodate all of the requests to place or maintain such facilities in that area of the public rights -of -way, for the protection of existing facili- ties in the public rights -of -way, for village plans for public improvements which have been determined by the village to be in the public interest and have been included within the village's adopted five -year capital improvement plan, to prevent interference with the operations of public safety communications services, or to accommodate traffic safety issues raised by the village, the county, FDOT or any agency with regulatory authority over any right -of -way in the village. (e) All communications facilities and wireless communications facilities shall be placed and maintained so as not to unreasonably interfere with the use of the public rights -of -way by the public and so as not to cause unreasonable interference with the rights and convenience of property owners who adjoin any of the public rights -of -way by preventing or unnecessarily impeding access to private property. The registrant shall be liable for costs and expenses for the displacement, damage or destruction 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 registrant COMMUNICATIONS SERVICES fails to make the appropriate repairs, to restore such property to as good a condition as existed prior to commencement of work, the affected property owner may file a complaint with the village manager or a designee. In this instance, 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 manner within the thirty (30) calendar 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. After thirty (30) days, the village may obtain reimburse- ment from the security fund. The "prior written notice" described in this paragraph shall be considered a final written decision for purposes of the appellate rights outlined in section 29 -8 below. (f) Above ground communications facilities, including wireless communications facilities, shall be designed in such a manner so as to minimize their visual impact. The use of foliage and vegetation around ground equipment may be required by the village based on conditions of the specific area where the ground equipment is to be located. (g) In addition to all other applicable require- ments of this chapter, wireless communications facilities shall be subject to the following additional standards: (1) The size and height of wireless com- munications facility poles shall be no greater than the size and height of any other communications facility poles located in the same or similar type rights - of -way within the village. Additionally, such facilities shall, under no circumstances, exceed the following maximum height restrictions: a. On arterial roadways, the top of the uppermost antenna array, collocated or attached equipment or new wire- Supp. No. 65 1789 § 29 -6 less support structure shall not exceed seventy -five (75) feet in height as measured from grade. b. On collector roadways, the top of the uppermost antenna array, col- located or attached equipment or new wireless support structure shall not exceed fifty -five (55) feet in height as measured from grade. C. On residential two -lane neighbor- hood roadways, the top of the uppermost antenna array, collocated or attached equipment or new wire- less support structure shall not exceed forty (40) feet in height as measured from grade. (2) Equipment associated with a wireless communications facility that may be attached to an existing structure or a new wireless support structure or located in the public right -of -way at grade, not including associated antennas, electric meter, telecom demarcation box, battery back -up power systems, grounding equip- ment, or power transfer switch, shall not exceed seventeen (17) cubic feet. (3) Each antenna that be associated with the installation of a wireless communica- tions facilities shall not exceed more than three (3) cubic feet in volume. Each antenna that is exposed and not concealed within a concealment enclosure, shall fit within an imaginary enclosure that does not exceed three (3) cubic feet. (4) A wireless communications facility shall not have any type of lighted signal, lights, or illumination unless required by an applicable federal, state or local rule, regulation or the Federal Aviation Administration; provided, however, the village may require the installation of an LED street light on a new wireless sup- port structure or an existing structure functioning as a light pole. (5) Wireless communications facilities shall be located in arterial rights -of -way whenever possible. Placement of wire- less communications facilities in rights- § 29 -6 NORTH PALM BEACH CODE of -way other than arterial rights -of -way shall be justified by an engineering analysis from the applicant to the satisfac- tion of the village engineer prior to the issuance of any permit. Whenever wire- less communications facilities must be placed in a right -of -way with residential uses on one (1) or both sides, neither poles, equipment, antennas or other structures shall be placed directly in front of a residential structure. If a right -of -way has residential structures on only one (1) side, the wireless com- munications facilities shall be located on the opposite side of the right -of -way whenever possible. All wireless com- munications facilities shall be located such that views from residential structures are not significantly impaired. Newly installed poles for wireless com- munications facilities should be located in areas with existing foliage or other aesthetic features in order to obscure the view of the pole. (h) All safety practices required by applicable law or accepted industry practices and standards shall be used during construction, maintenance, and repair of communications facilities and wire- less communications facilities. (i) Removal or relocation at the direction of the village of a registrant's communications facil- ity or wireless communications facility in public rights -of -way shall be governed by the provisions of F.S. §§ 337.403 and 337.404, as they may be amended. 0) A registrant shall obtain any and all required permits before commencing any construc- tion on or otherwise disturbing any public rights - of -way as a result of its construction, except as provided herein. The registrant shall, at its own expense, restore the public right -of -way to at least its original condition before such work was performed in the right -of -way, subject to the village's satisfaction upon inspection. A registrant shall guarantee its restoration for a period of twelve (12) months after the completion of such restoration. If the registrant fails to make such restoration within ten (10) calendar days after Supp. No. 65 1790 the completion of construction, or such other time as may be required by the village, the village may, after prior written notice to registrant, cause the repairs to be made at the facility's owner expense, utilizing village employees, agents or contractors, and charge any and all costs of restoration against the registrant in accordance with F.S. § 337.402, as it may be amended, and require reimbursement within thirty (30) days after the submission of the bill by the village to the registrant. Alternatively, at the sole discre- tion of the village, the village may seek to recover the expenses, costs and loss from restor- ing the rights -of -way against the registrant's construction bond pursuant to section 29 -14. A permit from the village constitutes authorization to undertake 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) Registrant shall place or maintain a com- munications facility or wireless communications facility in public rights -of -way in compliance with all applicable standards as established by all local, state or federal law and in conformance with the village ordinances, codes and regula- tions. Registrant shall use and exercise due caution, care and skill in performing work in the public rights -of -way and shall take all reason- able steps to safeguard work site areas. In the event of a conflict between the provisions of this chapter and article II of chapter 24 of this code, the more restrictive provision shall control, provided, however, that the registrant shall not be required to pay permit fees as elected by the village in accordance with to F.S. § 337.401. (1) In the interest of the public's health, safety and welfare, upon request of the village, a registrant shall coordinate placement or maintenance activities under a permit with any other work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonable timeframe in the subject public rights -of -way. The village may require a registrant to alter reasonably its placement or maintenance schedule for permitted work occur- ring within thirty (30) days of the registrant's COMMUNICATIONS SERVICES proposed construction so as to minimize disrup- tions and disturbance in the public rights -of -way. (m) A registrant shall not place or maintain its communications facilities or wireless com- munications facilities so as to interfere, displace, damage or destroy any other utilities or facili- ties, including but not limited to, sewers, gas or water mains, storm drains, pipes, cables or conduits of the village or any other person's facilities lawfully occupying the public rights -of- way of the village. All communications facilities and wireless communications facilities shall be placed and maintained so as not to create interfer- ence with the operations of public safety telecom- munications services. (n) The village makes no warranties or representations regarding the fitness, suitability or availability of public rights -of -way for the registrant's communications facilities or wire- less communications facilities and any performance of work or costs incurred by registrant or provision of services shall be at registrant's sole risk. Nothing in this article shall affect the village's authority to add, vacate or abandon public rights -of -way and village makes no warranties or representations regarding the availability of any added, vacated or abandoned public rights -of -way for communications facili- ties. In the event of the vacation or abandon- ment of a public right -of -way, the village shall, in the exercise of good faith, endeavor to permit the relocation of an existing communications facility or grant an easement in favor of the registrant to allow continued use of the facility in its existing location. (o) The village shall have the right to make such inspections of facilities placed or maintained in public rights -of -way as it finds necessary to ensure compliance with this article. In the event the village determines that a violation exists with respect to registrant's placement or maintenance of facilities in the public rights -of- way that is not considered to be an emergency or danger to the public health, safety or welfare, the village will provide registrant no less than three (3) days written notice setting forth the violation and requesting correction. Supp. No. 65 1791 § 29 -6 (p) The village reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, com- munications, and other utilities and facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installa- tion or improvement that may be deemed neces- sary or proper by the village in public rights -of- way occupied by the registrant. Registrant may allow village facilities to be co- located within village's public rights -of -way through the use of a joint trench during registrant's construction project. Such joint trench projects shall be negoti- ated in good faith by separate agreement between registrant and village and may be subjected to other village rights -of -way requirements. The village further reserves without limitation the right to alter, change, or cause to be changed, the grading, installation, relocation or width of the public rights -of -way within the limits of the village and within said limits as same may from time to time be altered. (q) Subject to applicable law, a registrant shall, on the request of any person holding a permit issued by the village, temporarily sup- port, protect, raise or lower its communications facilities or wireless communications facilities to permit the work authorized by the permit. The expense of such temporary support, protection, raising or lowering of facilities shall be paid by the person requesting the same, and the registrant shall have the authority to require such payment in advance. The registrant shall be given not less than thirty (30) days advance written notice to arrange for such temporary relocation. If the village requests the temporary support, protec- tion, raising or lowering of a facility for a public purpose, the village shall not be charged for the temporary support, protection, raising or lower- ing of the facility. (r) Nothing in this section shall be construed to prohibit or have the effect of prohibiting the nondiscriminatory and competitively neutral use of village rights -of -way by communications service providers and pass- through providers, in viola- tion of state or federal law. The waiver provi- sions listed in this subsection apply only where a registrant's application for the placement of a communications facility or wireless communica- § 29 -6 NORTH PALM BEACH CODE tions facility in a village right -of -way does not meet the criteria for approval as required by this section. A request for a waiver shall include all information described in this subsection and any other reasonable information the village may require and shall be reviewed by the planning commission. The planning commission may deny the request for a waiver if it does not comply with the requirements of this section. The fol- lowing provisions shall govern the issuance of a waiver from the requirements of this section: (1) The planning commission shall consider the following factors in determining whether to grant a waiver for the require- ments of this section: (i) A detailed explanation, with sup- porting engineering or other data, as to why a waiver from the require- ments of this section is required in order to allow the registrant /ap- plicant to have nondiscriminatory and competitively neutral use of village rights -of -way; (ii) Availability of co- location opportuni- ties; (iii) Size and height of the proposed facilities; (iv) Location and separation distances of the proposed facilities; (v) Location of the nearest residential units or residentially zoned proper- ties; (vi) Adjacent and nearby topography, tree coverage and foliage; (vii) Design of the proposed facilities with particular reference to elimina- tion of visual impacts of such facili- ties; (viii) Any other factors the village determines to be relevant. (2) In granting any waiver, the village may impose conditions to the extent the vil- lage concludes such conditions are neces- sary to minimize any adverse effects of Supp. No. 65 1792 the proposed facility on adjoining proper- ties or to protect the health, safety and welfare of the village and the residents. (s) A registrant shall cooperate with the vil- lage by providing timely and complete informa- tion requested under this subparagraph. Upon completion of any installation or construction of new or replacement facilities in public right -of- way, at no cost to the village, the registrant shall provide such information, as may be requested, showing the exact location of its facilities and structures, including but not limited to, as -built plans, maps, geographical information systems, plats, construction documents, drawings and any other information the village may find reason- ably necessary. Such plans shall be provided in digitized format showing the two - dimensional location of the facilities based on the village's geographical database datums, or other format acceptable to the village manager. All informa- tion required by this section shall be maintained in accordance with F.S. § 202.195. (Ord. No. 2017 -03, § 2, 1- 26 -17) Sec. 29 -7. Suspension or denial of permits. (a) Suspension or denial of permits. Subject to section 29 -8 below, the village manager or a designee may suspend or deny an application for a permit for work in the public rights -of -way for one (1) or more of the following reasons: (1) Failure to satisfy permit conditions, including conditions set forth in this chapter or other applicable provisions of the village Code or regulations governing the placement or maintenance of com- munications facilities or wireless com- munications facilities in public rights -of- way, including, without limitation, failure to take reasonable safety precautions to alert the public of work at the site or to restore any public 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 COMMUNICATIONS SERVICES (4) Failure to properly renew or ineffective- ness of registration. (b) 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 correction of any violation that gave rise to a suspension or denial of permit, the suspension or denial shall be lifted. (Ord. No. 2017 -03, § 2, 1- 26 -17) Sec. 29 -8. Appeals. (a) Final, written determinations of the vil- lage manager or designee suspending or denying a permit, denying an application for registration or denying an application for renewal of registra- tion are subject to an appeal. 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. (b) Nothing in this chapter shall affect or limit the remedies the village has available under applicable law. (Ord. No. 2017 -03, § 2, 1- 26 -17) Sec. 29 -9. Conditional use of public rights - of -way. (a) 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 or resellers, by providing any other services other than the provision of communica- tions services, or for providing any other use to existing or potential consumers, a registrant shall seek such additional and separate authoriza- tion from village for such activities as may be required by applicable law. In the event that a registrant is acting in its proprietary function as a retail provider of telecommunications equip- Supp. No. 65 1793 § 29 -10 ment or appliances, registrant shall seek the appropriate permits and licenses from the vil- lage. (b) 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 person's ability to provide service or on the registrant's ability to place or maintain its own communica- tions facilities or wireless communications facili- ties 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 removal 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 relocation 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. 2017 -03, § 2, 1- 26 -17) Sec. 29 -10. Involuntary termination of registration. (a) The involuntary termination of a registra- tion may only be accomplished by an action of the village council. The village may declare the registration terminated and revoke and cancel all privileges granted under that registration if: • A federal or state authority suspends, denies, or revokes a registrant's certification to provide communications service; § 29 -10 NORTH PALM BEACH CODE • 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 • The registrant abandons all of its facilities; or • A pass- through provider fails to comply with the requirements of section 29 -20. (b) Prior to such termination by the village resulting 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 (b) 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 condition immediately prior to removal; or • The village may require that some or all of the facilities be removed and the public right - of -way restored to its condition immediately prior to removal at the registrant's expense, utilizing village employees, agents or contrac- tors, and charge any and all costs, and require reimbursement. (c) The obligations of the registrant and the bonding 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 Supp. No. 65 1794 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 agencies and is properly registered with the village, for such certificated service, under this chapter. (Ord. No. 2017 -03, § 2, 1- 26 -17) Sec. 29 -11. Compliance with other laws; police 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. 2017 -03, § 2, 1- 26 -17) Sec. 29 -12. Transfer of control; sale or assignment. (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 transferee or assignee must comply with the registration requirements under section 29 -4 of this chapter. (b) Notwithstanding anything in this chapter, pledges in trust or mortgages or other hypotheca- tions of the assets of the registrant to secure the placement or maintenance of its communications facilities or wireless communications facilities may be made to any person without notice to the village. Any mortgage, pledge, lease or other encumbrance of the facilities shall be subject and subordinate to the rights of the village by virtue of this chapter or other applicable law. (Ord. No. 2017 -03, § 2, 1- 26 -17) Sec. 29 -13. Insurance; surety; indemnifica- tion. (a) A registrant shall at all times maintain the following liability insurance coverage insur- ing the registrant and naming the village, its COMMUNICATIONS SERVICES 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, com- mercial general liability insurance and business automobile liability insurance with respect to the placement and maintenance of the communica- tions facilities and wireless communications facili- ties, and the conduct of registrant's business in the village, in the minimum amounts of: (1) One million dollars ($1,000,000.00) combined single limit commercial general liability. Said coverage shall not exclude contractual liability, products /completed operations or independent contractors. (2) One million dollars ($1,000,000.00) combined single limit business automobile liability. (b) All insurance policies shall be with sure- ties 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/ Casualty Edition or higher except as provided in subsection (d) of this section. The village may require coverage and amounts in excess of the above minimums where necessary to reflect chang- ing 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 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 insurance coverage, the facility owner shall immediately 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 thirty (30) days' prior written notice thereof has been given to the village. A registrant shall not cancel any required insurance policy without submission of Supp. No. 65 1795 § 29 -13 proof that the registrant has obtained alterna- tive 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 registrant that elects to self- insure shall provide to the village evidence sufficient to demonstrate its financial ability to self- insure the insurance coverage and limit requirements required under this section, such as evidence that the registrant is a "private self- insurer" under the Workers Compensation Act. For purposes of this section, "self- insure" shall also include a registrant which insures 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 expenses sustained by the village, arising out of the placement or maintenance of its communica- tions 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, gross negligence or willful or wanton acts of the vil- lage. Village agrees to notify the registrant, in writing, within a reasonable time of the village receiving notice, of any issue it determines may require indemnification. Nothing in this section 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, potential 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 or as a consent by the village to be sued; and § 29 -13 NORTH PALM BEACH CODE (2) As a waiver of sovereign immunity beyond the waiver provided in F.S. § 768.28, as amended. (Ord. No. 2017 -03, § 2, 1- 26 -17) Sec. 29 -14. Construction bond. (a) Except in the case of an emergency, prior to performing any work in the public rights -of- way, a registrant shall 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 construc- tion in the public rights -of -way, in accordance with applicable sections 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. In no event shall the amount of the construction bond be less than twenty -five (25) percent of the cost of the work being permitted. (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 principal and surety of the bond, any damages or loss suffered by the village as a result, including the full amount of any compensation, indemnifica- tion or cost of removal or abandonment of any property of the registrant, or the cost of complet- ing 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 eliminate 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 Supp. No. 65 1796 not be canceled, or allowed to lapse, until sixty (60) days after receipt by the village, by certified mail, return receipt requested, of a written notice 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 pursuant 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 authorized by other law, and no action, proceed- ing or exercise of a right with respect to the construction bond will affect any other right the village may have. (Ord. No. 2017 -03, § 2, 1- 26 -17) Sec. 29 -15. 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 thousand 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, fines, fees or liens as may be 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 guarantee of the registrant's full and faithful performance at all times. Should the village draw upon the cash security, bond, or irrevocable letter of credit, the village shall promptly notify the registrant, 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 -16 below, there shall be COMMUNICATIONS SERVICES 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, indemnifica- tion 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, required by this section, the village may accept a corporate guarantee of the registrant or its parent company provided that the village attorney approves the reputation and economic stability of the company. The village may from time to time increase the amount of the security fund to reflect the increased risks to the village and to the public. (Ord. No. 2017 -03, § 2, 1- 26 -17) Sec. 29 -16. Enforcement remedies. (a) In addition to any other remedies avail- able 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 two hundred fifty dollars ($250.00) 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 competent 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 penalties, which notice shall contain a descrip- tion 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 Supp. No. 65 1797 § 29 -17 the first day of the violation, through any means allowed by law, including drawing against the security fund. (c) In determining which remedy or remedies are appropriate, the village shall take into consideration 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. (d) Failure of the village to enforce any require- ments of this chapter shall not constitute a waiver of the village's right to enforce that violation or subsequent violations of the same type or to seek 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 compliance with the terms and conditions of this chapter in default and apply any one (1) or combination of the remedies otherwise authorized by this chapter. (f) The village manager or his/her designee shall be responsible for administration and enforcement 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 applicable law. (Ord. No. 2017 -03, § 2, 1- 26 -17) Sec. 29 -17. 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 expedi- tiously cure or correct any such inability to § 29 -17 NORTH PALM BEACH CODE 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, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints 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 limita- tion, registrant's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of registrant's directors, officers, employees, contractors or agents. (Ord. No. 2017 -03, § 2, 1- 26 -17) Sec. 29 -18. Reservation of rights. (a) The village reserves the right to amend this article as it shall find necessary in the lawful exercise of its police powers. (b) This provisions of this chapter shall be applicable to all communications facilities and wireless communications facilities placed in the public rights -of -way on or after the effective date of the ordinance from which the provisions derive and shall apply to all existing communications facilities and wireless communications facilities placed in the public rights -of -way prior to the effective date of the ordinance, to the full extent permitted by state and federal law, except that any provision of this article regarding size, composition, or location of physical facilities shall not apply to physical facilities lawfully placed within any village right -of -way prior to the effective date of the ordinance from which such provision is derived. (Ord. No. 2017 -03, § 2, 1- 26 -17) Sec. 29 -19. No liability or warranty. Nothing contained in this article shall be construed to make or hold the village responsible or liable for any damage to persons or any property whatsoever, from any cause whatsoever, arising from the use, operation or condition of the registrant's communications facilities or wire- less communications facilities; or by reason of any inspection or reinspection authorized herein Supp. No. 65 1798 or failure to inspect or reinspect. Nor shall the issuance of any permit or the approval or disap- proval of any placement or maintenance of the registrant's communications facilities or wire- less communications facilities as authorized herein constitute any representation, guarantee or war- ranty of any kind by, nor create any liability upon, the village or any official, agent or employee thereof. (Ord. No. 2017 -03, § 2, 1- 26 -17) Sec. 29 -20. Pass - through provider fees and charges. (a) Pass - through providers shall pay to the village on an annual basis an amount equal to five hundred dollars ($500.00) per linear mile or portion thereof of communications facilities or wireless communications facilities placed and /or maintained in the village's rights -of -way. For purposes of this section, the village's rights -of- way do not include rights -of -way that extend in or through the village but are state, county or another authority's rights -of -way. (b) The amounts charged pursuant to this section shall be based on the linear miles of rights -of -way where communications facilities or wireless communications facilities are placed, not based on a summation of the lengths of individual cables, conduits, strands or fibers. (c) Any annual amount charged shall be reduced for a prorated portion of any twelve (12) month period during which the pass- through provider remits taxes imposed by the village pursuant to F.S. Ch. 202. (d) Annual payments shall be due and pay- able on October 1 of each year. Fees not paid within ten (10) days after the due date shall bear interest at the rate of one (1) percent per month from the date due until paid. The acceptance of any payment required hereunder by the village shall not be construed as an acknowledgement that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the village may have for additional sums due and payable. All fee payments shall be subject to audit by the village, and assessment or refund if any payment is found to be in error. If such audit results in an COMMUNICATIONS SERVICES assessment by and an additional payment to the village, such additional payment shall be subject to interest at the rate of one (1) percent per month until the date payment is made. (e) If the payments required by this section are not made within ninety (90) days after the due date, the village manager or designee may withhold the issuance of any permits to the registrant until the amount past due is paid in full. (Ord. No. 2017 -03, § 2, 1- 26 -17) § 29 -20 [The next page is 20431 Supp. No. 65 1799 CODE COMPARATIVE TABLE [The next page is 29331 Supp. No. 65 2895 Adoption Section Ord. No. Date Section this Code 2014 -13 12 -11 -14 2 Added Ch. 6, Art. IV, §§ 6- 72-6-86 2014 -14 12 -11 -14 2 2 -4 2015 -03 3 -12 -15 2 Added Ch. 17, Art. VIII, §§ 17- 81 -17 -94 2015 -04 4- 9 -15 2 Added 19 -12 2015 -05 4- 9 -15 2 2- 159(b) 3 2- 163(a)(1) 2015 -07 4 -23 -15 2 14 -30(4) 2015 -10 6 -11 -15 2 App. C, § 45 -2 3 Added App. C, § 45 -32 A.9., C.2. App. C, § 45 -32 E.7. Added App. C, § 45 -32 F.3. 4 App. C, § 45 -35.1 II.A.8. 2015 -11 6 -25 -15 2 App. A, § III 3 App. C, § 45- 21(2)b. 4 Added App. C, § 45 -38 2015 -12 6 -25 -15 2 Ch. 2, Art. III, Div. 5 (Tit.) 2- 76(b), (c) 2015 -13 7 -23 -15 2 Added App. C, § 45 -16.2 3 21 -3(a) 2015 -19 11 -12 -15 1 5 -1 Added 5 -18 5- 19 -5 -25 2015 -20 11 -12 -15 2 45 -36 N. 2015 -22 12 -10 -15 2 19 -99 2016 -06 5 -12 -16 2 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 2016 -07 9- 8 -16 2 Added 18 -33 3 18 -35 4 Added 18 -35.1 5 2 -173 2017 -02 1 -12 -17 2 2- 151(a), (b) 2017 -03 1 -26 -17 2 Rpld Ch. 29, §§ 29 -1- 29-16 Added Ch. 29, §§ 29 -1- 29-20 [The next page is 29331 Supp. No. 65 2895 CODE INDEX Supp. No. 65 2935 Section A 4 -10 ABANDONMENT 19 -216 Abandoned real property ................ 15 -11 et seq. See: PROPERTY 19 -217 Boats 19 -207 Boat launching area; abandoned boats 19 -218 and equipment .................. 5 -36, 5 -37 Generally ............................ 5 -8 Communcations services ................ 29 -5 Discarded materials, (vehicles, boats, etc.) 19 -213 Abatement of public nuisances on private 45 -36.N property ........................ 14 -79 et seq. See: NUISANCES Dogs, other animals .................... 4 -10 ACTS BY AGENTS 17 -51 Definitions and rules of construction..... 1 -2 ADMINISTRATIVE CODE 19 -215 Audit committee ........................ 2 -56 et seq. See: AUDITS 19 -4 Bonds required of certain officers........ 2 -42 Definition .............................. 2 -39 Departmental organization .............. 2 -40 Oaths of office Chief administrator and officers, form of oath ......................... 2 -41(b) Members of police department, form of oath ............................ 2 -41(c) Persons required to take oath of office. 2 -41(a) Law enforcement officers........... 2- 41(a)(2) Officers ........................... 2- 41(a)(1) Policy and procedures Department heads ................... 2 -43(b) Departments ......................... 2 -43(c) Officers .............................. 2 -43(a) ADULT ENTERTAINMENT ESTABLISH- MENTS Zoning regulations re. See: ZONING (Appendix C) 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 ........ 17 -3(e) AFFIRMATION. See: OATH, AFFIRMA- TION, SWEAR OR SWORN AGREEMENTS. See: CONTRACTS AND AGREEMENTS ALARMS Alarm business central office required ... 19 -215 Alarm permit required .................. 19 -208 Application for ....................... 19 -209 Issuance ............................. 19 -211 Terms; fees; nontransferable .......... 19 -210 Supp. No. 65 2935 ALCOHOLIC BEVERAGES Section ALARMS (Cont'd.) 4 -10 Audible alarms ......................... 19 -216 Code enforcement special magistrate, 4 -9 enforcement through ............... 19 -217 Definitions ............................. 19 -207 Exemptions ............................ 19 -218 False alarms 3 -1 Excessive false alarms declared public 4 -11 nuisance ........................ 19 -212 Service charge; collection ............. 19 -213 Fire prevention and protection 45 -36.N Florida fire prevention code 45- 34.1(9) Review of construction plans and fire suppression, detection and 17 -50 alarm systems and establish- 17 -51 ment of fee schedule .......... 12 -18 Identification required .................. 19 -215 System standards ...................... 19 -219 Telephone trunk lines 19 -4 Interference with police and fire rescue department trunk lines prohibited 19 -215 Violation and penalty ................... 19 -214 ALCOHOLIC BEVERAGES Consumption on playgrounds and public 4 -10 parks............................. 3 -3 Nudity, partial nudity, sexual conduct; 4 -9 prohibited at alcoholic beverage establishments .................... 3 -4 Sales restricted; hours of sale ........... 3 -2 State law definitions adopted............ 3 -1 Zoning 4 -11 Location of business for retail sales of 4 -7 alcoholic beverages .............. 45- 20(2), 45 -36.N C -3 Regional Business District ..... 45- 34.1(9) AMBULANCES Definition .............................. 17 -50 Unlawful operation ..................... 17 -51 AMUSEMENTS AND AMUSEMENT PLACES Coin - operated amusements; proximity to schools restricted .................. 19 -4 AND, OR Definitions and rules of construction..... 1 -2 ANIMALS AND FOWL Abandoning ............................ 4 -10 Birds Molesting songbirds .................. 4 -9 Village designated bird sanctuary; hunt- ing prohibited ................... 4 -2 Cats. See herein: Dogs and Cats Code enforcement, applicability re ....... 2 -173 Contagious diseases, animals with....... 4 -11 Cruelty to animals ...................... 4 -7 Definitions ............................. 4 -1 NORTH PALM BEACH CODE Section Section ANIMALS AND FOWL (Cont'd.) APPEARANCE PLAN (Appendix A) Dogs and cats (Note— Section citations contained herein Breeding and retail sale of refer to section citations found within Adoption of shelter and rescue Appendix A) animals ...................... 4 -13(d) Administration ......................... V Exemptions ....................... 4 -13(c) Areas of jurisdiction .................... III Puppy or kitten mills .............. 4 -13(a) Basis ... ............................... I Sale or transfer of dogs or cats ..... 4 -13(b) Criteria for appearance Building and site to adjoining area, Violations, enforcement ............ 4 -13(e) relationship of .................. IV(B) Collar and tag Building design ...................... IV(D) Required .......................... 4 -25 Buildings to site, relationship of ...... IV(A) Unauthorized removal ............. 4 -26 Evaluation, factors for................ IV(H) Impoundment Landscape and site treatment ........ IV(C) Disposition upon owner's failure to Maintenance - planning and design fac- redeem ....................... 4 -30(d) tors ............................ IV(G) Notice ............................ 4 -30(b) Miscellaneous structures and street Redemption by owner .............. 4 -30(c) hardware....................... 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) Public property ...................... VII(C) Registration ......................... 4 24 Site .. ............................... VII(A) Running at large Participation and incentives ............. VI Cats .............................. 4 -28(c) Statement of policy..................... II Dogs in parks and on streets and sidewalks .................... 4 -28(a) ARCHAEOLOGICAL SITE PROTECTION Dogs on property of others ......... 4 -28(b) Appeals . ............................... 21 -107 Vicious, biting and attacking dogs..... 4 -29 Applicability ........................... 21 -102 Waste removal Archaeological review, development subject to .. ............................... 21 -104 Persons walking dogs responsible for Certificate to di 21 -105 removal of waste ............. 4 -31 Cost.... ............................... 21 -106 Waste - removal implements, persons Definitions ............................. 21 -103 walking dog to carry.......... 4 -32 Hearing . ............................... 21 -108 Enforcement Intent ... ............................... 21 -101 General enforcement ................. 4 -5 Purpose. ............................... 21 -101 Hindering enforcement ............... 4 -4 Violations and penalties ................ 21 -108 Fight, causing animals to ............... 4 -8 ASSEMBLIES Keeping certain animals prohibited; excep- Meetings of boards and commissions; tion ............................... 4 -6 adjournment of.................... 2 -3 Killing .. ............................... 4 -3 Meetings of specific boards, etc. See Molesting songbirds or domestic pets .... 4 -9 specific subjects Nuisances, animals creating ............. 4 -12 Park and recreation area; meetings and Poisoning .............................. 4 -3 gatherings ........................ 20 -22 et seq. Rabies control See: PARKS, PLAYGROUNDS AND Death or destruction, reporting ....... 4 -46 RECREATION Muzzles; when required .............. 4 -45 ATLANTIC OCEAN Rabid animals Regulations governing construction of Confinement ...................... 4 -43 docks, piers in Lake Worth and Duty to report; impounding ........ 4 -44 Atlantic Ocean .................... 5 -85 Nuisance, declared ................ 4 -42 AUDITS ANNEXATION Audit committee Planning and development; filing fees and Access to records ..................... 2 -56 cost for voluntary annexation of land 21 -2 Administrative services .............. 2 -57 Composition; terms; vacancies ........ 2 -52 ANTENNAE Created ............................. 2 -51 Zoning regulations ...................... 45 -21 Duties ............................... 2 -54 Supp. No. 65 2936 CODE INDEX Supp. No. 65 2937 Section Section AUDITS (Cont'd.) BOATS, DOCKS AND WATERWAYS (Cont'd.) Organization ......................... 2 -53 Construction requirements Removal ............................. 2 -55 Bulkheads and seawalls Compliance with provisions required 5 -69 B Inspection required ................ 5 -73 Permit fee ......................... 5 -72 BATHING Specifications 5 -71 Diseased persons prohibited from bathing Submission of plans and specifica- in public pools, etc ................. 19 -3 tions ......................... 5 -70 BICYCLES Canals Park regulations ........................ 20 -6 Canal crossings.................... 5 -60 Subdivisions, required improvements re Compliance with provisions required 5 -56 bikeways .......................... 36 -29.1 Drainage canals................... 5 -59 General requirements .............. 5 -57 BILLBOARDS. See: SIGNS AND Navigation canals ................. 5 -58 BILLBOARDS Surety bond prerequisite to issuance of building permit in certain BIRDS. See: ANIMALS AND FOWL cases ........................ 5 -61 BLOCKS Docks and piers Subdivision design standards............ 36 -18 Construction in waters other than Lake Worth and Atlantic Ocean, BOARDS, COMMITTEES AND COMMIS- regulations governing......... 5 -84 SIONS. See: DEPARTMENTS AND Definitions ........................ 5 -81 OTHER AGENCIES OF VILLAGE 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) Supp. No. 65 2937 NORTH PALM BEACH CODE Supp. No. 65 2938 Section Section BOATS, DOCKS AND WATERWAYS (Cont'd.) BUILDINGS (Cont'd.) Construction of provision .......... 5- 101(4) Appearance code Definition ......................... 5- 101(a) Appeals and review .................. 6 -35 Mooring, docking, or beaching of boats on Appearance plan ..................... 6 -33 public or private property without Certificate of appropriateness permission ........................ 5 -9 Final hearings..................... 6 -57 Noise control Follow -up by community develop - Radios or other mechanical sound- ment department ............. 6 -60 making devices or instruments in Planning commission vessels, operation of ............. 19 -103 Action of ....................... 6 -58 Parking Approval by .................... 6 -59 Boats and boat trailers; parking on Preliminary consideration.......... 6 -56 residential property restricted in Definition ........................... 6 -31 R -1 and R -2 residential zoning Intent and purposes .................. 6 -32 districts ........................ 18 -35 Planning commission, powers and duties Prohibited parking upon right -of -way re .............................. 6 -36 of specific roadways ............. 18 -34.1 Short title ........................... 6 -30 Prohibition of floating structures ........ 5 -18 Appearance plan (Appendix A). See that Running engines, hours in residential subject districts ........................... 5 -14 Code enforcement, applicability re....... 2 -173 Searchlights, use of ..................... 5 -7 Codes Speed limits; wakes ..................... 5 -2 Appearance code. See herein that subject Subdivision provisions re waterways..... 36 -22 et seq. Building code ........................ 6 -17 See: SUBDIVISIONS (Appendix B) Electrical code ....................... 11 -11, 11 -12 Swimming in restricted waters.......... 5 -3 Fire prevention code ................. 12 -16 et seq. Housing code ........................ 15 -1, 15 -2 Water skim g ..d ....................... 5 -5 Country club ........................... 9 -1 et seq. Waterways board ....................... 5 -102 et seq. See: COUNTRY CLUB BONDS Electrical code .......................... 11 -11, 11 -12 Administrative code; bonds required of Flood damage prevention ............... 12.5 -1 et seq. certain officers .................... 2 -42 See: FLOOD DAMAGE PREVENTION Canal construction; surety bond Housing code ........................... 15 -1, 15 -2 prerequisite to issuance of building Landscaping ........................... 27 -31 et seq. permit ............................ 5 -61 See: LANDSCAPING Communcations services Minimum construction standards Construction bond ................... 29 -14 Authority ............................ 6 -16 Finance director, duties re .............. 2 -59(7) Codes adopted ....................... 6 -17 Village manager ........................ 2 -117 Construction board of adjustment and appeals ......................... 6 -18 BRUSH. See: WEEDS AND BRUSH Appointment ...................... 6 -18(a) Membership ....................... 6 -18(b) BUILDINGS Powers ............................ 6 -18(f) Abatement of unsafe or unsanitary build- Appeals ........................ 6- 18(f)(1) ings Variances ....................... 6- 18(f)(2) Appeal .............................. 6 -81 Procedures ........................ 6 -18(g) Authority to expend funds ............ 6 -85 Quorum and voting ................ 6 -18(d) Enforcement and right of entry ....... 6 -74 Secretary to the board ............. 6 -18(e) Hearing ............................. 6 -79 Terms ............................. 6 -18(c) Implementation ...................... 6 -80 Violations and penalty ............... 6 -19 Inspection ........................... 6 -75 Missiles, throwing ...................... 19 -83 Lien, imposition of ................... 6 -84 Obstructing passageway ................ 19 -47 Performance of work ................. 6 -82 Outdoor displays. See herein: Signs and Placard posting ...................... 6 -78 Outdoor Displays Provisions supplemental .............. 6 -86 Park and recreation facilities; erecting Purpose and scope ................... 6 -72 buildings or structures............. 20 -3 Recovery of costs ..................... 6 -83 Public land, construction on prohibited .. 6 -1 Service of notice of violation .......... 6 -77 Signs and outdoors displays ............. 6 -110 et seq. Unsafe or unsanitary buildings and See: SIGNS AND BILLBOARDS structures ...................... 6 -73 Smoke, dust, odors, liquids, etc. ......... 19 -9 Violations ........................... 6 -76 Spitting in public places prohibited ...... 19 -5 Supp. No. 65 2938 CODE INDEX Supp. No. 65 2939 Section Section BUILDINGS (Cont'd.) BUSINESS REGULATIONS (Cont'd.) Stormwater management; level of finished Fee schedule ......................... 17 -34.12 floor of structures ................. 21 -63 Half -year certificate .................. 17 -34.3 Subdivision regulations ................. 36 -1 et seq. Issuance of certificate ................ 17 -34.3 See: SUBDIVISIONS (Appendix B) Noncompliance of principal ........... 17 -34.8 Swimming pools ........................ 25 -1 et seq. Nonprofit enterprise, special permit for 17 -34.5 See: SWIMMING POOLS Refund of fee ........................ 17 -34.9 Zoning regulations ...................... 45 -1 et seq. Registration required................. 17 -34.1 See: ZONING (Appendix C) Renewal ............................. 17 -34.4 Suspension or revocation of certificate. 17 -34.9 BULKHEAD LINES When due and payable ............... 17 -34.3 Code enforcement, applicability re ....... 2 -1 Garage and other sales ................. 17 -61 et seq. Established; designated ................. -1 7 -1 See: GARAGE AND OTHER SALES Filling operation beyond bulkhead line Home occupations ...................... 17 -3(a) et seq. prohibited ......................... 7 -2 See: HOME OCCUPATIONS Filling permit Local business tax Application fees ...................... 7 -19 Application for business tax receipt ... 17 -18 Application; issuance ................. 7 -18 Business tax exemptions i s o f 17 -31 Expiration date; renewal; revocation .. 7 -20 Business tax imposed; basis of one year 17 -16 Public hearing prerequisite to Business tax receipt renewal; consideration ................... 7 -17 delinquency penalty q Y P y ............. 17 -20 Required ............................ 7 -16 Business tax schedule................ 17 -33 Unlawful fill; removal ................... 7-3 Compliance by principal deemed compli- BULKHEADS ance by agent; noncompliance of Bulkheads and seawalls, construction principal ....................... 17 -29 requirements re ................... 5 -69 et seq. Declaration where fee depends on vari- See: BOATS, DOCKS AND able factors within applicant's WATERWAYS knowledge ...................... 17 -23 Doing business not covered by receipt; BUSINESS ADVISORY BOARD receipt obtained by false state - Composition; terms; vacancies ments void ab initio ............. 17 -28 Alternate members ................... 17 -72(d) Duplicate receipts.................... 17 -27 Composition ......................... 17 -72(a) Engaging in business without receipt Initial terms ......................... 17 -72(b) or under receipt issued on false Subsequent terms .................... 17 -72(c) statements ..................... 17 -32 Created . ............................... 17 -71 How tax construed as to specified profes- Mission; duties ......................... 17 -74 sions ........................... 17 -21 Organization ........................... 17 -73 Issuance of receipt; duration; half -year BUSINESS REGULATIONS receipt; when due and payable ... 17 -19 Ambulances ............................ 17 -50, 17 -51 Marking of commercial vehicles ....... 17 -33.1 Business advisory board ................ 17 -71 et seq. Receipt to be posted or carried ........ 17 -26 See: BUSINESS ADVISORY BOARD Special permit for nonprofit enterprise 17 -22 Businesses located outside village limits Suspension or revocation of receipt; Application for certificate of regulation 17 -34.2 refund of fee .................... 17 -30 Certificate of business regulation Transfer of receipts to new location ... 17 -25 required; basis of one year ....... 17 -34 Transfer of receipts to new owner ..... 17 -24 Commercial vehicles, marking of...... 17 -34.13 Peddlers and solicitors .................. 17 -81 et seq. Compliance by principal deemed compli- See: PEDDLERS AND SOLICITORS ance by agent ................... 17 -34.8 Simulated gambling devices ............. 17 -40 et seq. Delinquency penalty ................. 17 -34.4 See: SIMULATED GAMBLING Doing business not covered by certificate DEVICES of regulation .................... 17.34 -7 Wellfield protection Duplicate certificates of regulation .... 17 -34.6 Regulation of business activities with Duration ............................ 17 -34.3 potential to contaminate land and False statements water resources ................. 19 -221 Certificate obtained void ab initio .. 17 -34.7 Zoning Engaging in business without Location of business for retail sales of certificate of regulation or under alcoholic beverages .............. 45- 20(2), certificate issued on .......... 17 -34.11 45 -36.N Fee exemptions ...................... 17 -34.10 C -3 Regional Business District ..... 45- 34.1(9) Supp. No. 65 2939 NORTH PALM BEACH CODE Section C CABLE TELEVISION. See: TELEVISION CAMPING Recreational vehicles and trailers; park- ing on residential property restricted in R -1 and R -2 residential zoning districts ........................... 18 -35.1 Unauthorized lodging and camping ...... 19 -11 CANALS Construction requirements .............. 5 -56 et seq. See: BOATS, DOCKS AND WATERWAYS CATS Regulations enumerated ................ 4 -24 et seq. See: ANIMALS AND FOWL CERTIFICATES Appearance code; certificate of appropriate- ness .............................. See: BUILDINGS Boats, docks and waterways; unlawfully anchored or moored vessels Unclaimed vessel to be sold; certifica- tion of sale ..................... Businesses located outside village limits, certificate of business regulations re See: BUSINESS REGULATIONS Emergency medical services ............. Historic site overlay district; certificate of appropriateness ................... CIVIL DISORDERS AND DISTURBANCES. See: EMERGENCY MANAGEMENT CODE ENFORCEMENT (Cont'd.) Definitions ............................. Enforcement procedure ................. Fines; liens Appeal.............................. Copies of orders imposing fines ....... Determination of amount of fine ...... Duration of lien ...................... Generally ............................ Notices .............................. Reduction of fine ..................... Provisions supplemental ................ Special magistrates Appointment ......................... Power and authority ................. Powers of ............................ Qualifications ........................ CLERK Department of records, provisions re vil- lage clerk and deputy village clerk.. 2 -67 et seq. See: DOCUMENTS AND PUBLIC RECORDS CLUBS Country club ........................... See: COUNTRY CLUB CODE ENFORCEMENT, ALTERNATE METHOD OF Codes to be enforced by citation ......... Failure to accept citation ................ Form and contents of citation ........... Issuance of citations .................... Provisions additional and supplemental.. Right to hearing; maximum penalty ..... 9 -1 et seq. COIN - OPERATED AMUSEMENTS Proximity to schools restricted .......... COMBAT AUTO THEFT (CAT) Establishment, regulations .............. COMMITTEES, COMMISSIONS. See: DEPARTMENTS AND OTHER AGEN- CIES OF VILLAGE CODE OF ORDINANCES* Actions for money judgments Altering Code .......................... 6 -56 et seq. Amendments ........................... 2 -253 Catchlines ............................. 2 -255 Court cost 2 -252 Assessment of additional court costs for 2 -251 criminal justice education 5 -22 expenditures .................... 2 -254 Definitions and rules of construction.... . 17 -34 et seq. Designated and cited ................... References to chapters or sections ....... 11.5 -21 Repeal of ordinances, effect of ........... Severability of parts .................... 45 -37(H) Village clerk, duties re recording ordinances Village logo ............................ Violations, penalty and prosecution costs. CLERK Department of records, provisions re vil- lage clerk and deputy village clerk.. 2 -67 et seq. See: DOCUMENTS AND PUBLIC RECORDS CLUBS Country club ........................... See: COUNTRY CLUB CODE ENFORCEMENT, ALTERNATE METHOD OF Codes to be enforced by citation ......... Failure to accept citation ................ Form and contents of citation ........... Issuance of citations .................... Provisions additional and supplemental.. Right to hearing; maximum penalty ..... 9 -1 et seq. COIN - OPERATED AMUSEMENTS Proximity to schools restricted .......... COMBAT AUTO THEFT (CAT) Establishment, regulations .............. COMMITTEES, COMMISSIONS. See: DEPARTMENTS AND OTHER AGEN- CIES OF VILLAGE CODE ENFORCEMENT COMMUNICATIONS Actions for money judgments Communcations services ................ Limitation ........................... See: COMMUNICATIONS SERVICES 2 -253 Telecommunications service tax ......... 2 -255 See: TAXATION 2 -252 2 -176 2 -251 COMMUNICATIONS SERVICES 2 -256 Appeals . ............................... 2 -254 Compliance with other laws; police power Conditional use of public rights-of-way... CODE ENFORCEMENT Actions for money judgments Limitation ........................... 2 -182 Alarm regulations, enforcement re....... 19 -217 Applicability ........................... 2 -173 Conduct of hearing ..................... 2 -176 Declaration of legislative intent ......... 2 -171 Supp. No. 65 2940 Section 2 -172 2 -175 2 -180 2- 178(4) 2- 178(b) 2 -179 2- 178(a) 2 -181 2- 178(c) 2 -183 2- 174(a) 2- 174(b) 2 -177 2- 174(c) 1 -7 1 -6 1 -3 1 -9 1 -2 1 -1 1 -3 1 -4 1 -5 2 -67(3) 1 -10 1 -8 19 -4 18 -19 29 -1 et seq. 26 -51 et seq. 29 -8 29 -11 29 -9 *Note —The adoption, amendment, repeal, omissions, effec- tive date, explanation of numbering system and other mat- ters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. CODE INDEX COMMUNITY DEVELOPMENT DEPART- Section COMMUNICATIONS SERVICES (Cont'd.) Construction bond ...................... 29 -14 Definitions ............................. 29 -3 Enforcement remedies .................. 29 -16 Force majeure .......................... 29 -17 Insurance; surety; indemnification....... 29 -13 Intent and purpose ..................... 29 -2 Involuntary termination of registration .. 29 -10 No liability or warranty ................. 29 -19 Pass - through provider fees and charges. . 29 -20 Placement or maintenance of a communica- 2- 112(3) tions facility or a wireless communica- 17 -71 et seq. tions facility in public rights -of -way 29 -6 Registration ............................ 29 -4 Reservation of rights ................... 29 -18 Security fund ........................... 29 -15 Suspension or denial of permits ......... 29 -7 Telecommunications service tax ......... 26 -51 et seq. See: TAXATION Title .... ............................... 29 -1 Transfer of control; sale or assignment... 29 -12 Underground installation; damage to vil- 2 -81 et seq. lage facilities; emergencies; abandon - ment .............................. 29 -5 COMMUNITY DEVELOPMENT DEPART- MENT Buildings 18 -19 Appearance code Certificate of appropriateness Follow -up by community develop- 2 -39 et seq. ment department .......... 6 -60 Director's duties ........................ 2 -111 Divisions Code compliance ..................... 2- 112(2) Permits and inspections .............. 2- 112(1) Planning ............................ 2- 112(3) COMPUTATION OF TIME 17 -71 et seq. Definitions and rules of construction..... 1 -2 CONCURRENCY MANAGEMENT 2 -171 et seq. Provisions enumerated .................. 21 -41 et seq. See: PLANNING AND DEVELOPMENT COUNCIL. See: VILLAGE COUNCIL COUNTRY CLUB 2 -59 Finances Delinquent accounts; penalties ........ 9 -32 Golf advisory board ..................... 9 -16 et seq. See: GOLF ADVISORY BOARD 2 -81 et seq. Premises Disfiguration and/or removal of build- 2 -151 et seq. ing 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 Supp. No. 65 2941 Section COURTS Court cost Assessment of additional court costs for criminal justice education expenditures .................... 1 -9 D DECALS Combat Auto Theft (CAT) ............... 18 -19 DEPARTMENTS AND OTHER AGENCIES OF VILLAGE Administrative code .................... 2 -39 et seq. See: ADMINISTRATIVE CODE Appearance board. See: APPEARANCE PLAN (Appendix A) Audit committee ........................ 2 -56 et seq. See: AUDITS Boards and committees ................. 2 -1 Business advisory board ................ 17 -71 et seq. See: BUSINESS ADVISORY BOARD Code enforcement ...................... 2 -171 et seq. Community development department .... 2 -111 et seq. See: COMMUNITY DEVELOPMENT DEPARTMENT Finance, department of ................. 2 -59 See: FINANCES Fire and police retirement board of trustees 2 -164 et seq. See: PENSIONS AND RETIREMENT Fire rescue department ................. 2 -81 et seq. See: FIRE RESCUE DEPARTMENT General employees retirement board..... 2 -151 et seq. See: PENSIONS AND RETIREMENT Golf advisory board ..................... 9 -16 et seq. See: GOLF ADVISORY BOARD Law enforcement, department of (police department ) ....................... 2 -75, 2 -76 See: LAW ENFORCEMENT, DEPART- MENT OF (POLICE DEPART- MENT) Library board .......................... 16 -16 et seq. Library, department of .................. 2 -93 Meetings of boards and commissions; adjournment of .................... 2 -3 Meetings of specific boards, etc. See specific subjects Planning and development board of adjust - ment .............................. 21 -21 Planning commission ................... 21 -11, 21 -12 Public works, department of ............. 2-84,2-85 See: PUBLIC WORKS DEPARTMENT Records, department of ................. 2 -67 et seq. See: DOCUMENT AND PUBLIC RECORDS Recreation department .................. 2 -110 Recreation advisory board ............ 20 -61 et seq. See: PARKS, PLAYGROUNDS AND RECREATION Reserve police force ..................... 23 -42 et seq. See: POLICE NORTH PALM BEACH CODE DOCUMENTS AND PUBLIC RECORDS Section DEPARTMENTS AND OTHER AGENCIES 8 -2 OF VILLAGE (Cont'd.) 10 -6 Village council .......................... 2 -16 et seq. Waterways board ....................... 5 -102 et seq. DEVELOPMENTS. See: PLANNING AND 8 -21 DEVELOPMENT 2 -67(5) DISABLED AND HANDICAPPED PERSONS 2 -67(7) Applicability of dog prohibitions to guide 2 -67(8) and service dogs ................... 4 -27(d) Parking violations re handicap spaces ... 18 -37 DISTRICTS 2 -67(2) Zoning regulations ...................... 45 -16 et seq. See: ZONING (Appendix C) 2 -67(1) DISTURBANCES. See: CIVIL DISORDERS 2 -67(6) AND DISTURBANCES 2 -67(5) DOCKS. See: BOATS, DOCKS AND WATERWAYS 10 -7 DOCUMENTS AND PUBLIC RECORDS Section Department of records 8 -2 Deputy village clerk 10 -6 Appointment ...................... 2 -68 Duties ............................ 2 -69 Village clerk; duties 8 -21 Election records, keeping........... 2 -67(5) Expiration of term, notice of........ 2 -67(7) Official seal, keeping .............. 2 -67(8) Record ordinances ................. 2 -67(3) Village council 8 -31 Keep records of council .......... 2 -67(2) Public council action ............ 2 -67(4) Serve as clerk of council ......... 2 -67(1) Vital statistics, keeping ............ 2 -67(6) Village clerk and deputy village clerk. See 2 -67(5) herein: Department of Records DOGS 10 -7 Regulations enumerated ................ 4 -24 et seq. See: ANIMALS AND FOWL 11 -12 DRAINAGE 2 -173 Stormwater management ............... 21 -61 et seq. See: STORMWATER MANAGEMENT 17 -50, 17 -51 Subdivision design standards re ease- 29 -5 ments and rights -of -way ........... 36 -22(b) Zoning; surface water management C -3 Regional Business District........ 45- 34.1(8) DROUGHT Water shortage emergencies ............. 19 -200 et seq. See: WATER SHORTAGE EMERGEN- CIES E ELECTIONS Candidacy Candidates for office; qualifying....... 10 -5 Preservation of notice of candidacy.... 10 -6 Supp. No. 65 2942 EMERGENCY MANAGEMENT Section ELECTIONS (Cont'd.) 8 -2 Conduct of elections .................... 10 -6 Early voting ............................ 10 -7 General elections, notice of .............. 10 -3 Polling locations 8 -21 Designated .......................... 10 -76 Special elections 8 -1 Notice of ............................ 10 -4 When held ........................... 10 -2 State laws 8 -31 Applicable state laws adopted......... 10 -1 Voting machines may be used; state law 8 -6 applicable ...................... 10 -7 Village clerk, duties re keeping election records ............................ 2 -67(5) Voting machines may be used; state law applicable ......................... 10 -7 ELECTRICAL CODE 5 -93 et seq. Amendments, corrections, additions ..... 11 -12 Code enforcement, applicability re ....... 2 -173 EMERGENCIES Ambulances ............................ 17 -50, 17 -51 Communcations services ................ 29 -5 Emergency management ................ 8 -1 et seq. See: EMERGENCY MANAGEMENT Emergency medical services Fees Billing and collection .............. 11.5 -23 Establishment ..................... 11.5 -22 Generally ............................ 11.5 -21 Fire rescue department ................. 2 -81 et seq. See: FIRE RESCUE DEPARTMENT Water shortage emergencies ............. 19 -200 et seq. See: WATER SHORTAGE EMERGEN- CIES EMERGENCY MANAGEMENT Applicability ........................... 8 -2 Civil disorders and disturbances Declaration of a state of emergency ... 8 -22 Mayor designated local authority for preservation of public peace ..... 8 -21 Declaration of a state of emergency...... 8 -5 Definitions ............................. 8 -1 Emergency management structure....... 8 -3 Exempt employee emergency duty Compensation ....................... 8 -31 Powers, duties and responsibilities ...... 8 -4 Termination of a state of emergency ..... 8 -6 EMPLOYEES. See: OFFICERS AND EMPLOYEES ENCLOSURES. See: FENCES, WALLS, HEDGES AND ENCLOSURES EROSION CONTROL STRUCTURES Construction regulations ................ 5 -93 et seq. See: BOATS, DOCKS AND WATERWAYS CODE INDEX Supp. No. 65 2943 Section Section EXCAVATIONS FINES, FORFEITURES AND OTHER Bulkhead lines ......................... 7 -1 et seq. PENALTIES (Cont'd.) See: BULKHEAD LINES Code of ordinances, provisions re general Stormwater management ............... 21 -61 et seq. penalty, continuing violations, and See: STORMWATER MANAGEMENT prosecution costs .................. 1 -8 Parking violation ....................... 18 -37, 18 -38 EXCRETA Pension and certain other benefits for fire Dog waste, removal provisions re ........ 4-31,4-32 and police employees Board of trustees for; forfeiture of F membership on board for absentee - ism ............................. 2- 164(b) FENCES, WALLS, HEDGES AND Contributions; forfeitures ............. 2- 163(4) ENCLOSURES Landscaping ........................... 27 -31 et seq. FIRE PREVENTION AND PROTECTION See: LANDSCAPING Barbecue grills and similar cooking devices 19 -10 Swimming pool requirements............ 25 -5 Code enforcement, applicability re ....... 2 -173 Fire rescue department ................. 2 -81 et seq. FINANCES See: FIRE RESCUE DEPARTMENT Budget procedures ...................... 2 -2 Florida fire prevention code Country club Adopted by reference ................. 12 -16 Delinquent accounts; penalties ........ 9 -32 Annual fire inspection and establish - Court cost ment of fee schedule ............ 12 -17 Assessment of additional court costs for Review of construction plans and fire criminal justice education suppression, detection and alarm expenditures .................... 1 -9 systems and establishment of fee Department of finance schedule ........................ 12 -18 Finance director; duties Hazardous substances, cost recovery for Accounts of receipts and expenditures 2 -59(8) cleanup, abatement and removal of Budget duties ..................... 2 -59(2) Authority of public safety fire rescue Cancellation of evidences of old debt 2 -59(9) department ..................... 12 -102 Collect moneys and fees due village. 2- 59(12) Cost reimbursement to village ........ 12 -103 Examine books .................... 2 -59(6) Definitions .......................... 12 -101 Financial statements .............. 2 -59(3) Exceptions for fire suppression services 12 -105 Fiscal supervision over officers ..... 2 -59(5) Late fee for failure to reimbursement . 12 -106 Keep accounts ..................... 2 -59(4) Records .............................. 12 -104 Pay village employees .............. 2- 59(11) Remedies ............................ 12 -107 Prescribe form ..................... 2 -59(1) Pension and certain other benefits for fire Receive and disburse moneys....... 2- 59(10) and police employees 2 -159 et seq. Responsibility for proceeds of bonds 2 -59(7) See: PENSIONS AND RETIREMENT Emergency management Volunteer firefighters, length of service Exempt employee emergency duty award plan for .................... 2 -170 et seq. Compensation ..................... 8 -31 See: PENSIONS AND RETIREMENT Investment policy of the village ......... 2 -4 Pensions and retirement. See also that FIRE RESCUE DEPARTMENT subject Composition ............................ 2 -83 Length of service award plan for Emergency medical services ............. 11.5 -21 et seq. volunteer firefighters............ 2 -170 et seq. See: EMERGENCIES Pension and certain other benefits for Fire chiefs duties ....................... 2 -81 fire and police employees ........ 2 -159 et seq. Functions .............................. 2 -82 Pension and certain other benefits for Disaster response .................... 2 -82(6) general employees .............. 2 -146 et seq. Emergency medical services .......... 2 -82(5) Planning and development; filing fees and Fire fighting ......................... 2 -82(3) cost for changes ................... 21-1,21-2 Fire prevention ...................... 2 -82(4) Social security .......................... 2 -136 et seq. Maintain equipment ................. 2 -82(2) See: SOCIAL SECURITY Report losses ........................ 2 -82(1) Taxation. See that subject Interference with police and fire rescue Village manager ........................ 2 -118 department telephone trunk lines prohibited ......................... 19 -215 FINES, FORFEITURES AND OTHER PENALTIES FIREARMS AND WEAPONS Code enforcement; fines and liens ....... 2 -178 Concealed weapons, carrying ............ 19 -184 Supp. No. 65 2943 NORTH PALM BEACH CODE Supp. No. 65 2944 Section Section FIREARMS AND WEAPONS (Cont'd.) G Forfeiture; disposition ................... 19 -186 Possession ............................. 19 -183 GAMBLING Sales restricted Animals, causing to fight ................ 4 -8 Record of sales required .............. 19- 185(c) Simulated gambling devices............. 17 -40 et seq. Specified weapons, display and sale of. 19- 185(b) See: SIMULATED GAMBLING Switchblade knives prohibited ........ 19- 185(a) DEVICES Stench bombs prohibited ................ 19 -82 GARAGE AND OTHER SALES See: STENCH BOMBS Garage sales ........................... 17 -61 FLOOD DAMAGE PREVENTION Permit required ........................ 17 -62 Abrogation and greater restrictions ...... 12.5 -8 Violations and penalties ................ 17 -63 Areas of special flood hazard Basis for establishment ............... 12.5 -7 GARBAGE AND TRASH Warnings regarding designations ..... 12.5 -10 Abatement of public nuisances on private Building official property .......................... 14 -79 et seq. Designated as flood damage control See: NUISANCES administrator ................... 12.5 -21 Boats; refuse disposal................... 5 -12 Duties and responsibilities ........... 12.5 -23 Garbage collection and disposal Definitions ............................. 12.5 -5 Charges Development permit Commercial use property waste Required ............................ 12.5 -22 disposal fees and collection Findings of fact ......................... 12.5 -2 procedures................... 14 -30 Flood hazard reduction provisions Fee for excess amounts from com- Coastal high hazard areas ............ 12.5 -44 mercial establishments ....... 14 -28 General standards Generally ......................... 14 -27 Anchoring 12.5 -41(1) When and where paid .............. 14 -29 Construction materials and methods 12.5 -41(2) Definition ........................... 14 -23 Enclosures below lowest floor ...... 12.5 -41(6) Frequency of collection ............... 14 -26 Mechanical and utility equipment .. 12.5 -41(5) Garbage cans Subdivision proposals .............. 12.5 -41(4) Kept covered ...................... 14 -25 Utilities ........................... 12.5 -41(3) Required .......................... 14 -24 Regulatory floodways ................. 12.5 -43 Landscaping; refuse container areas..... 27 -41 Sand dunes and mangrove stands ..... 12.5 -45 Public works department Specific standards Refuse disposal division .............. 2 -85(2) Nonresidential construction ........ 12.5 -42(2) Residential construction ........... 12.5 -42(1) GATHERINGS. See: ASSEMBLIES Interpretation .......................... 12.5 -9 GENDER Lands to which provisions applies ....... 12.5 -6 Definitions and rules of construction..... 1 -2 Methods of reducing flood losses......... 12.5 -4 Noncompliance, penalties for ............ 12.5 -11 GOLF ADVISORY BOARD Statement of purpose and objectives ..... 12.5 -3 Composition and terms 9 -17 Statutory authorization ................. 12.5 -1 Composition ......................... 9 -17(a) Variance procedure ..................... 12.5 -24 Officers .............................. 9 -17(c) FLORIDA, STATE OF. See: STATE Terms ............................... 9 -17(b) Creation ............................... 9 -16 FOLLOWING, PRECEDING Duties .. ............................... 9 -19 Definitions and rules of construction..... 1 -2 Meetings ............................... 9 -18 FOOD AND FOOD PREPARATION GUNS. See: FIREARMS AND WEAPONS Barbecue grills and similar cooking devices 19 -10 FORFEITURES. See: FINES, H FORFEITURES AND OTHER PENAL- TIES HANDBILLS Distribution restricted .................. 19 -7 FOWL. See: ANIMALS AND FOWL HANDGUNS. See: FIREARMS AND FRANCHISES WEAPONS Enumerated. See Appendix D Use of rights -of -way for utilities ......... 28 -1 et seq. HANDICAPPED PERSONS. See: DISABLED See: UTILITIES AND HANDICAPPED PERSONS Supp. No. 65 2944 CODE INDEX Supp. No. 65 2945 Section Section HAZARDOUS SUBSTANCES I Recovery of costs for cleanup, abatement and removal........... ....... 12 -101 et seq. IMPERSONATION See: FIRE PREVENTION AND Impersonating police officer; fireman or PROTECTION other village official ............... 19 -8 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 See: NUISANCES impound ........................ 5 -19 Animals and fowl, provisions re ......... 4 -11 et seq. Owner to be notified upon impound - See: ANIMALS AND FOWL ment ........................... 5 -20, 5 -21 Bathing regulations Dogs and cats .......................... 4 -30 Diseased persons prohibited from bath- ing in public pool, etc............ 19 -3 INDECENCY AND OBSCENITY Boats, docks, etc., provisions re.......... 5 -10 et seq. Adult entertainment establishments See: BOATS, DOCKS AND Zoning regulations re. See: ZONING WATERWAYS (Appendix C) Code enforcement, applicability re ....... 2 -173 Alcoholic beverage establishments; nudity, Garbage and trash ...................... 14 -23 et seq. partial nudity, sexual conduct See: GARBAGE AND TRASH prohibited ......................... 3 -4 Park and recreation facilities; failure to Topless costumes ....................... 19 -64 cooperate in keeping restrooms neat Vulgar language ........................ 19 -65 or sanitary 20 -2 Window peeping ........................ 19 -66 Rabies control .......................... 4 -42 et seq. INSURANCE EXCISE TAXES See: ANIMALS AND FOWL Casualty insurance premiums ........... 26 -16 Property insurance premiums ........... 26 -17 HEDGES. See: FENCES, WALLS, HEDGES AND ENCLOSURES INTRACOASTAL WATERWAY Marine sanctuary, designation as ........ 5 -101 HITCHHIKING Prohibitions ............................ 19 -6 INVESTMENTS Investment policy of the village ......... 2 -4 HOME OCCUPATIONS Customer service requirements and J performance standards ............. 17 -2 Definitions ............................. 17 -3(b) JOINT AUTHORITY Effective date .......................... 17 -3(i) Definitions and rules of construction..... 1 -2 Local business tax. See also that subject Generally ............................ 17 -16 et seq. K Home occupation provisions Affidavit of applicant required...... 17 -3(e) KNIVES. See: FIREARMS AND WEAPONS Appeals ........................... 17 -3(g) Requirement of business tax receipt 17 -3(c) L Permitted uses, home occupations as .... 17 -3(a) Repeal of ordinances .................... 17 -3(h) LAKE WORTH Standards .............................. 17 -3(d) Marine sanctuary, designation as........ 5 -101 Violation of standards or conditions deemed Regulations governing construction of a Code violation ................... 17 -3(f) docks, piers in Lake Worth and Atlantic Ocean .................... 5 -85 HOUSING LAND Abandoned real property ................ 15 -11 et seq. Buildings; construction on public land See: PROPERTY prohibited ......................... 6 -1 Boats, docks and waterways Planning and development .............. 21 -01 et seq. Live aboard boats .................... 5 -15, 5 -25 See: PLANNING AND DEVELOPMENT Subdivision regulations ................. 36 -1 et seq. HOUSING CODE See: SUBDIVISIONS (Appendix B) Adopted by reference ................... 15 -1 Amendments ........................... 15 -2 LANDSCAPING Code enforcement, applicability re ....... 2 -173 Accessways ............................. 27 -36 Supp. No. 65 2945 NORTH PALM BEACH CODE Supp. No. 65 2946 Section Section LANDSCAPING (Cont'd.) LIBRARY (Cont'd.) Appearance plan (Appendix A). See that Library board subject Appointment ......................... 16 -17 Application of provisions; enforcement ... 27 -33 Compensation, service without........ 16 -20 Certain yard areas, off - street parking and Composition ......................... 16 -17 other vehicular use areas Established .......................... 16 -16 Existing plant material ............... 27 -67 Meetings ............................ 16 -23 Installation .......................... 27 -60 Organization ......................... 16 -21 Maintenance ......................... 27 -61 Powers and duties.................... 16 -22 Parking area interior landscaping..... 27 -65 Qualifications ........................ 16 -19 Perimeter landscaping relating to abut- Removal from office .................. 16 -24 ting properties .................. 27 -64 Term of office ........................ 16 -17 Plant material Vacancies ............................ 16 -18 Ground covers ..................... 27 -62(e) Lawn grass ....................... 27 -62(f) LICENSES AND PERMITS Quality ........................... 27 -62(a) Alarm permit .......................... 19 -208 et seq. Shrubs and hedges ................ 27 -62(c) See: ALARMS Tree species ....................... 27 -62(b) Boat launching area permits............ 5 -34 Vines ............................. 27 -62(d) Bulkhead lines; filling permit ........... 7 -16 et seq. Required landscaping adjacent to public See: BULKHEAD LINES rights-of-way 27 -63 Bulkheads and seawalls ................. 5 -72 Scope, applicability p u i c r i g h t s 27 -59 Code enforcement, applicability re ....... 2 -173 Sight distance adjacent to public rights - Communications services of -way and points of access ...... 27 -66 Suspension or denial of permits....... 29 -7 Certificate of completion ................ 27 -35 Community development department Code enforcement, applicability re....... 2 -173 Permits and inspections .............. 2- 112(1) Completed landscaping required for Driveways. See herein: Sidewalk and certificate of use and occupancy .... 27 -37 Driveway Permits Definitions ............................. 27 -31 Emergency medical services............. 11.5 -21 Improved nonresidential properties in Flood damage prevention development existence on September 23, 1971 permit ............................ 12.5 -22 Applicable requirements .............. 27 -40(b) Garage, related sales ................... 17 -62 Exceptions ........................... 27 -40(c) Home occupations. See also that subject Objectives .... .... ............ 27 -40(a) Generally ............................ 17 -16 et seq. commission, Planning commission, submission of Business tax receipt for home occupa- plans to ........................ 27 -40(d) tions ......................... 17 -3(c) et seq. Objectives .............................. 27 -32 Park and recreation facilities; meeting Off - street parking landscape manual .... 27 -38 and gathering permits ............. 20 -31 et seq. Plot use plan approval prerequisite to See: PARKS, PLAYGROUNDS AND issuance of permits for building and RECREATION 27 Peddlers and solicitors permit ........... 17 -83 et seq. paving ...................... Refuse container ner areas .................. -37 27 -41 See: PEDDLERS AND SOLICITORS Scope; a PP licabilit y••••••••••••••••••••• 27 -34 Seawalls. See herein: Bulkheads and Zoning ordinance, conflict with .......... 27 -39 Seawalls Sidewalk and driveway permits ......... 24 -55 et seq. LAW ENFORCEMENT, DEPARTMENT OF See: STREETS, SIDEWALKS AND (POLICE DEPARTMENT) PUBLIC PLACES Boats, docks and waterways; unlawfully Street excavation permits ............... 24 -28, 24 -29 anchored or moored vessels Swimming pool permits ................. 25 -3 Department of law enforcement to Utilities impound ........................ 5 -19 Use of rights -of -way for utilities; writ - Chief of police's duties .................. 2 -75 ten permit ...................... 28-2,28-3 Composition ............................ 2 -76 Generally ............................ 2 -76(a) LOCAL BUSINESS TAX Operations division .................. 2 -76(b) Regulations enumerated ........... ..... 17 -16 et se q. Operations support division........... 2 -76(c) See: BUSINESS REGULATIONS LODGING LIBRARY Unauthorized lodging and camping ...... 19 -11 Damaging property unlawful ............ 16 -1 Department of library LOGO Librarian ............................ 2 -93 Village logo ............................ 1 -10 Supp. No. 65 2946 CODE INDEX Section LOTS Subdivision design standards............ 36 -18 Zoning regulations ...................... 45 -1 et seq. See: ZONING (Appendix C) M Section MANAGER. See: VILLAGE MANAGER 17 -50, 17 -51 MANGROVE STANDS 18 -33 Flood damage prevention provisions ..... 12.5 -45 MAPS. See: SURVEYS, MAPS AND PLATS 18 -19 MARINE SANCTUARIES 19 -101 Designated ............................. 5 -101 MAY, SHALL 14 -79 et seq. Definitions and rules of construction..... 1 -2 MAYOR 19 -6 Civil disorders and disturbances Mayor designated local authority for 17 -33.1 preservation of public peace ..... 8 -21 Village council; presiding officer at meet - 20 -5 ings ............................... 2 -18 MEASURES. See: WEIGHTS AND 18 -38 MEASURES 15 -11 et seq. MEDICAL SERVICES Emergency medical services ............. 11.5 -21 et seq. See: EMERGENCIES 18 -18 MEETINGS. See: ASSEMBLIES 14 -82 MISSILES, STONES, ETC. Throwing missiles ...................... 19 -83 MONTH 14 -79 Definitions and rules of construction..... 1 -2 MONUMENTS 14 -81 Subdivisions, required improvements re 36 -27 MOTOR VEHICLES AND TRAFFIC Section Ambulances ............................ 17 -50, 17 -51 Businesses located outside village limits; 18 -33 marking of commercial vehicles .... 17 -34.13 Combat Auto Theft (CAT) ............... 18 -19 Discarded vehicles, etc.) 19 -101 Abatement of public nuisances on private 19 -105 property ........................ 14 -79 et seq. See: NUISANCES 18 -36 Hitchhiking prohibited .................. 19 -6 Local business tax; marking of com- mercial vehicles ................... 17 -33.1 Motorized scooters ...................... 18 -20 Park regulations re traffic ............... 20 -5 Parking. See herein: Stopping, Standing 18 -37 and Parking 18 -38 Stopping, standing and parking 15 -11 et seq. Boats and boat trailers; parking on residential property restricted in 18 -16 R -1 and R -2 residential zoning 18 -18 Supp. No. 65 2947 N Section districts ........................ 18 -35 Definitions .......................... 18 -33 Parking restricted .................... 18 -34 Recreational vehicles and trailers; park- 19 -104 ing on residential property 19 -101 restricted in R -1 and R -2 19 -105 residential zoning districts ...... 18 -35.1 Signs, parking in violation of ......... 18 -36 Vehicle, trailer or boat parking 19 -100 prohibited 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 15 -11 et seq. Speed limits Generally ......................... 18 -16 Weight limitations on certain roads ... 18 -18 N NOISE CONTROL Definitions ............................. 19 -99 Dissemination of information............ 19 -106 Enforcement ........................... 19 -104 Exemptions ............................ 19 -101 Permissible time for construction activity 19 -105 Prohibition against Speakers in rights -of -way and air space 19 -102 Unreasonable noise .................. 19 -100 Radios or other mechanical sound - making devices or instruments in vessels, operation of ....................... 19 -103 NUDITY Topless costumes prohibited ............. 19 -64 NUISANCES Abandoned real property ................ 15 -11 et seq. See: PROPERTY Abatement of public nuisances on private property Abatement of public nuisance......... 14 -82 Assessment of costs and imposition of lien ............................ 14 -83 Definitions .......................... 14 -79 Notice of public nuisance; right to request hearing ......................... 14 -81 Uses or activities constituting a public nuisance ........................ 14 -80 Animals creating nuisances ............. 4 -12 False alarms Excessive false alarms declared public nuisance ........................ 19 -212 Panhandling ........................... 19 -12 Rabid animals declared nuisance ........ 4 -42 NUMBER Definitions and rules of construction..... 1 -2 NORTH PALM BEACH CODE Section Section O OFFICIAL TIME Definitions and rules of construction..... 1 -2 OATH, AFFIRMATION, SWEAR OR SWORN Administrative code, provisions re oaths OPEN SPACES. See: YARDS AND OPEN of office ........................... 2 -41 SPACES Definitions and rules of construction..... 1 -2 General employees retirement board; oaths ORDINANCES. See: CODE OF of office ........................... 2 -154 ORDINANCES Reserve police force; oath required....... 23 -47 OWNER OBSCENITY. See: INDECENCY AND Definitions and rules of construction..... 1 -2 OBSCENITY P OBSTRUCTIONS Passageways, obstructing ............... 19 -47 PALM BEACH COUNTY. See: COUNTY OFFENSES PARKING Definitions ............................. 19 -1 Boat launching area Enumerated ............................ 19 -3 et seq. Vehicle /trailer parking in designated See also specific offenses as indexed areas ........................... 5 -35 State misdemeanors adopted ............ 19 -2 Landscaping, provisions re off - street park- ing ............................... 27 -38, 27 -59 OFFICERS AND EMPLOYEES et seq. Administrative code .................... 2 -39 et seq. See: LANDSCAPING See: ADMINISTRATIVE CODE Parks; designated parking areas......... 20 -5(6) Chief of police's duties .................. 2 -75 Stopping, standing and parking 18 -34 et seq. Definitions and rules of construction..... 1 -2 See: MOTOR VEHICLES AND TRAF- Elections ............................... 10 -1 et seq. FIC See: ELECTIONS Zoning, provisions re off - street parking .. 45 -27 et seq. Emergency management See: ZONING (Appendix C) Exempt employee emergency duty Compensation ..................... 8 -31 PARKS, PLAYGROUNDS AND Finance director ........................ 2 -59 RECREATION Fire chiefs duties ....................... 2 -81 Alcoholic beverages Golf advisory board ..................... 9 -16 et seq. Consumption on playgrounds and public See: GOLF ADVISORY BOARD parks ........................... 3 -3 Impersonating village official............ 19 -8 Bicycles Librarian .............................. 2 -93 Operation in safe manner, etc......... 20 -6(2) Mayor .. ............................... 2-18,8-16 Operation prohibited in certain areas . 20 -6(1) Pensions and retirement. See also that Boat launching areas subject Vehicle /trailer parking in designated Length of service award plan for areas ........................... 5 -35 volunteer firefighters............ 2 -170 et seq. Buildings or structure, erecting ......... 20 -3 Pension and certain other benefits for Department of recreation fire and police employees ........ 2 -159 et seq. Director's duties Pension and certain other benefits for Conduct community activity........ 2- 110(2) general employees .............. 2 -146 et seq. Supervise recreation areas......... 2- 110(1) Social security ....................... 2 -136 et seq. Ejectment of violators................... 20 -8 Police Enforcement of provisions, responsibility. 20 -7 Reserve force Golf advisory board ..................... 9 -16 et seq. Appointment to service by chief of See: GOLF ADVISORY BOARD police ........................ 23 -45 Hours regulated ........................ 20 -1 Public works director ................... 2 -84 Meetings and gatherings Recreation director ..................... 2 -110 Liability for loss or injury ............ 20 -23 Social security .......................... 2 -136 et seq. Permit See: SOCIAL SECURITY Appeal from refusal to issue........ 20 -35 Village clerk and deputy village clerk .... 2 -67 et seq. Application ........................ 20 -33 See: DOCUMENTS AND PUBLIC Form ............................. 20 -32 RECORDS Issuance standards ................ 20 -34 Village manager ........................ 2 -115 et seq. Required .......................... 20 -31 See: VILLAGE MANAGER Revocation ........................ 20 -36 Supp. No. 65 2948 CODE INDEX PEDDLERS AND SOLICITORS Section PARKS, PLAYGROUNDS AND 17 -91 RECREATION (Cont'd.) 17 -93 Rules and regulations, permittee bound 17 -82 by .............................. 20 -22 Property used to violate provisions, 17 -85 confiscation of ..................... 20 -9 Recreation advisory board 17 -84 Created ............................. 20 -61 Duties ............................... 20 -66 Meetings ............................ 20 -65 Officers' quorum, compensation ....... 20 -64 Removal ............................. 20 -63 Terms ............................... 20 -62(b) Vacancies ............................ 20 -62(c) Recreational vehicles and trailers; park- 17 -83 ing on residential property restricted 17 -92 in R -1 and R -2 residential zoning 17 -89 districts ........................... 18 -35.1 Restrooms, failure to cooperate in keeping neat or sanitary ................... 20 -2 Traffic 2- 161(g) Enforcement of traffic regulations..... 20 -5(2) Operation confined to roads........... 20 -5(5) Parking areas designated ............. 20 -5(6) Signs . ............................... 20 -5(3) Speed of vehicles ..................... 20 -5(4) State motor vehicle laws .............. 20 -5(1) Trees 2- 161(f) Climbing trees, etc . .................. 20 -4 Use by public only ...................... 20 -1 PEDDLERS AND SOLICITORS Section Age restrictions ........................ 17 -91 Appeal .. ............................... 17 -93 Definitions ............................. 17 -82 Enforcement ........................... 17 -94 Granting or rejecting application ........ 17 -85 License 2 -170.3 Application for ....................... 17 -84 Limitation on hours for peddling or solicita- 2 -170.5 tion ............................... 17 -88 Notice by property owners .............. 17 -90 Permit 2 -170.7 Application for ....................... 17 -84 Display of ........................... 17 -87 Not transferable ..................... 17 -86 Required ............................ 17 -83 Revocation of ........................ 17 -92 Prohibited practices .................... 17 -89 Purpose . ............................... 17 -81 PENALTIES. See: FINES, FORFEITURES AND OTHER PENALTIES 2- 161(i) PENSIONS AND RETIREMENT ICMA defined contribution pension plan Administrative services agreement and adoption agreements............ 2- 170.14 Creation ............................. 2- 170.12 Effective date ........................ 2- 170.15 Vesting period ....................... 2- 170.13 Supp. No. 65 2948.1 Section PENSIONS AND RETIREMENT (Cont'd.) Length of service award plan for volunteer firefighters Benefit formula ...................... 2 -170.6 Contact person ....................... 2- 170.10 Effective date ........................ 2 -170.3 Eligibility ........................... 2 -170.4 Entitlement age ...................... 2 -170.5 Plan, name of ........................ 2 -170.2 Point system ......................... 2- 170.11 Preretirement death benefit .......... 2 -170.7 Purpose ............................. 2 -170 Sponsor, name of ..................... 2 -170.1 Trustee and contact person ........... 2- 170.10 Vesting provisions, schedule of........ 2 -170.8 Village contributions ................. 2 -170.9 Pension and certain other benefits for fire and police employees Benefit amounts 401(a)(9) Required Distributions.... 2- 161(i) Cost of living ...................... 2- 161(g) Disability retirement .............. 2- 161(e) Early retirement .................. 2- 161(b) Formula .......................... 2- 161(c) Limitation on ..................... 2- 161(h) Normal retirement benefit ......... 2- 161(a) Preretirement death ............... 2- 161(4) 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(4) Power and authority ............... 2 -166 Reports and records ............... 2- 164(c) Contributions Employer ......................... 2- 163(c) Forfeitures ........................ 2- 163(4) Member ........................... 2- 163(a) State ............................. 2- 163(b) Creation of trust and definitions ...... 2 -159 Creation of trust .................. 2- 159(a) Supp. No. 65 2948.1 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) SUBDIVISIONS (Appendix B) (Note— Section contained herein refer to sections found within Appendix B) Amendments Public hearing required .............. Definitions General terms ....................... Specific terms ........................ Design standards Alleys............................... Blocks. See within this subheading: Lots and Blocks Comprehensive plan, conformity with . Easements and rights -of -way Access waterways .................. Drainage .......................... Utilities ........................... Lots and blocks Access ............................ Block lengths ...................... Double frontage lots ............... Lot lines .......................... Lot size ........................... Residence lots, minimum.......... . Public sites and open spaces .......... Rights -of -way. See within this subhead- ing: Easements and Rights -Of- Way Sidewalks ........................... Soil and flood hazards, consideration of Streets Adjoining property, street access to . Arterial streets, subdivisions on .... Culs -de- sac ........................ Half streets ....................... Intersection design ................ Minimum street design specifica- tions ......................... Minor streets ...................... Railroads or limited access highway, subdivisions on ............... Street names ...................... Subdivision entrances ................ Water bodies, access to ............... Enactment and authority ............... Enforcement provisions Appeals............................. Erection of buildings and issuance of permits ......................... General enforcement regulations...... Supp. No. 65 36 -39.1 36 -5 36 -6 36 -20 36 -17(1) 36 -22(c) 36 -22(b) 36 -22(a) 36 -18(3) 36 -18(6) 36 -18(5) 36 -18(4) 36 -18(1) 36 -18(2) 36 -23 36 -21 36 -17(2) 36 -19(7) 36 -19(2) 36 -19(6) 36 -19(8) 36 -19(4) 36 -19(5) 36 -19(1) 36 -19(3) 36 -19(9) 36 -25 36 -24 36 -2 t II',N 36 -38 36 -36 2953 SUBDIVISIONS (Appendix B) (Cont'd) Land clearing, vegetation and wildlife protection and preservation Application procedure for vegetation removal unrelated to building permit applications ........... Exceptions ........................ Fees.............................. Generally ......................... Vegetation protection during construc- tion.......................... Vegetation removal permit, applica- tion procedure ................ Required improvements .............. Vegetation. See within this subhead- ing: Land Clearing, Vegetation and Wildlife Protection and Preserva- tion Wildlife protection and preservation. See within this subheading: Land Clearing, Vegetation and Wildlife Protection and Preservation Jurisdiction ............................ Legal status Conflicting regulations ............... Effective date ........................ Saving clause ........................ Plats, platting Procedures for subdivision plat approval. See herein that subject Procedures for subdivision plat approval Construction plan specifications ...... Construction plans procedure Preparation of construction plans.. . Submission and review of construc- tion plans .................... Surety device, posting of ........... Final plat procedure Application for final plat approval. . Generally ......................... Planning commission action....... . Planning commission review ....... Recording of final plat ............. Village council action .............. Final plat specifications .............. General prerequisites to .............. Pre - application conference............ Preliminary plat procedure Application for preliminary plat approval ..................... Developments of regional impact ... Effect of approval .................. Failure of planning commission to take action ................... Fees.............................. Notification of action .............. Planning commission action....... . Planning commission review ....... Review comments ................. Preliminary plat specifications ........ Section 36- 38.1(3) 36- 38.1(5) 36- 38.1(6) 36- 38.1(1) 36- 38.1(4) 36- 38.1(2) 36 -37 26 -3 36 -41 36 -42 36 -40 36 -13 36 -12(1) 36 -12(2) 36 -12(3) 36 -14(2) 36 -14(1) 36 -14(4) 36 -14(3) 36 -14(6) 36 -14(5) 36 -15 36 -7 36 -9 36 -10(1) 36 -10(2) 36 -10(9) 36 -10(8) 36 -10(3) 36 -10(7) 36 -10(6) 36 -10(5) 36 -10(4) 36 -11 NORTH PALM BEACH CODE Supp. No. 65 2954 Section Section SUBDIVISIONS (Appendix B) (Cont'd.) SWIMMING POOLS (Cont'd.) Qualification of person making survey. 36 -8 Country club premises regulations....... 9 -1 Reversion of subdivided land to acreage 36 -16 Definitions ............................. 25 -1 Purpose and intent ..................... 36 -4 Elevation .............................. 25 -6 Required improvements Final approval .......................... 25 -7 Bikeways ............................ 36 -29.1 Grade... ............................... 15 -11 Bridges .............................. 36 -30 Permits. ............................... 25 -3 General requirements ................ 36 -26 Setbacks ............................... 25 -2 Monuments Permanent control points .......... 36 -27(b) SWITCHBLADE KNIVES Permanent reference monuments... 36 -27(a) Sale prohibited ......................... 19- 185(a) Planned unit development alternatives 36 -34 Screening walls and landscaping...... 36 -33 T Sidewalks ........................... 36 -29 TAXATION Storm water management ............ 36 -31 Insurance excise taxes .................. 26 -16, 26 -17 Streets Local business tax ...................... 17 -16 et seq. Arterial and collector streets ....... 36 -28(a) See: BUSINESS REGULATIONS Curb and gutter ................... 36 -28(c) Pension and certain other benefits for fire Marginal access streets ............ 36 -28(b) and police employees Pavement base .................... 36 -28(f) Tax on insurers...................... 2 -167 Subgrade ......................... 36 -28(e) 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 L 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 Compliance with other laws; police power 29 -10 certain 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 SURVEYS, MAPS AND PLATS Registration ............................ 29 -4 Official zoning a g p ..................... 45 -17 Involuntary termination .............. 29 -9 Subdivision regulations ................. 36 -7 et seq. Reports and records p " " " " " " " " " " 29 -6 See: SUBDIVISIONS (Appendix B) Rights -of -way, use ...................... 29 -8 Security fund ........................... 29 -14 SWALE AREAS Service tax, generally ................... 26 -51 et seq. Sodding required in certain instances.... 24 -3 See: TAXATION Trees in swale areas .................... 27 -16 et seq. Title.... ............................... 29 -1 See: TREES AND SHRUBBERY Transfer of control; sale or assignment... 29 -11 Underground installation; relocation..... 29 -7 SWEAR OR SWORN. See: OATH, AFFIRMA- TION, SWEAR OR SWORN TELEPHONES Alarms; interference with police and fire SWIMMING rescue department trunk lines Bathing regulations; diseased persons prohibited ......................... 19 -215 prohibited from bathing in public pool, etc ........................... 19 -3 TELEVISION Restricted waters, swimming in ......... 5 -3 Cable television rate regulation ......... 17 -1 TENSE SWIMMING POOLS Definitions and rules of construction..... 1 -2 Barrier /fencing requirements............ 25 -5 Code enforcement, applicability re ....... 2 -173 THEFT Construction ........................... 25 -4 Combat Auto Theft (CAT) ............... 18 -19 Supp. No. 65 2954 CODE INDEX Section TIME Definitions and rules of construction..... 1 -2 TRAFFIC. See: MOTOR VEHICLES AND TRAFFIC TRAILERS Boats and boat trailers; parking on residential property restricted in R -1 and R -2 residential zoning districts. 18 -35 Recreational vehicles and trailers; park- ing on residential property restricted in R -1 and R -2 residential zoning districts ........................... 18 -35.1 TRASH. See: GARBAGE AND TRASH Supp. No. 65 2954.1 Section