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Code of Ordinances Supplement 40SUPPLEMENT NO. 40 February 2009 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. 2009-03, adopted January 22, 2009. See the Code Comparative Table for further information. Remove old pages Insert new pages Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 398.5-398.16.1 398.5-398.16.1 561-563 561-563 891, 892 891-892.2 2891 2891 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www.municode.com 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 apage-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 1 77 OC iii 1 79, 80 OC v, vi OC 81, 82 25 vii, viii OC 83 25 ix OC 133 33 x.i, x.ii 1 134.1, 134.2 34 x.iii 1 134.3, 134.4 39 xi, xii 39 134.5, 134.6 39 xiii, xiv 39 135, 136 39 xv, xvi 36 137, 138 39 1 25 138.1, 138.2 33 3, 4 25 138.3 30 5, 6 25 139, 140 34 7, 8 25 140.1, 140.2 28 9, 10 29 141, 142 33 10.1, 10.2 38 142.1 33 10.3 38 143, 144 31 11, 12 25 144.1, 144.2 36 13, 14 25 145, 146 36 15, 16 33 146.1 36 16.1 33 147, 148 32 17, 18 25 148.1 32 19 25 149, 150 29 65 38 151, 152 39 Supp. No. 40 [1] NOR"I'H PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 153, 154 39 403 OC 155, 156 39 453 OC 156.1, 156.2 39 455, 456 22 156.3 39 507 22 157, 158 35 509, 510 33 159, 160 35 511 22 160.1 35 559 36 161, 162 25 561, 562 40 163, 164 36 563 40 164.1 36 615 36 165, 166 25 617, 618 36 167, 168 25 671 2 169 25 673 24 211 OC 695 13 213, 214 19 697 13 263 OC 723 24 265, 266 OC 725, 726 33 267, 268 27 727, 728 5 269 27 729 5 319 29 777 OC 321, 322 17 779, 780 OC 323, 324 33 781, 782 OC 325, 326 32 783, 784 OC 326.1 32 785, 786 OC 327, 328 27 787, 788 OC 329, 330 36 789 OC 331, 332 36 839 OC 332.1 27 889 39 333, 334 32 891, 892 40 335 32 892.1, 892.2 40 381 23 893, 894 39 383, 384 33 945 OC 385 24 947, 948 33 398.3, 398.4 7 997 OC 398.5, 398.6 40 999, 1000 22 398.7, 398.8 40 1051 33 398.9, 398.10 40 1053, 1054 31 398.11, 398.12 40 1054.1, 1054.2 31 398.13, 398.14 40 1054.3, 1054.4 31 398.15, 398.16 40 1055, 1056 36 398.16.1 40 1057, 1058 33 398.17, 398.18 33 1059, 1060 33 399, 400 OC 1060.1, 1060.2 33 401, 402 OC 1060.3, 1060.4 33 Supp. No. 40 [2] CHECKLIS"I' OF UP-"I'O-DA"I'E PAGES Page No. Supp. No. Page No. Supp. No. 1060.5 33 1519, 1520 OC 1061, 1062 8 1521, 1522 27 1063,1064 8 1523 27 1121 OC 1573 24 1171 OC 1575, 1576 29 1173,1174 28 1627 9 1175, 1176 36 1629, 1630 27 1177 36 1631 27 1225 31 1681 OC 1227, 1228 37 1683, 1684 33 1228.1 37 1684.1, 1684.2 24 1229, 1230 21 1685, 1686 OC 1231, 1232 21 1687, 1688 17 1233, 1234 33 1689, 1690 17 1235,1236 30 1739 14 1236.1 30 1741, 1742 21 1237,1238 16 1781 21 1239, 1240 33 1783, 1784 21 1241, 1242 33 1785, 1786 33 1289 3 1787,1788 33 1291, 1292 OC 1788.1 33 1293, 1294 29 1789, 1790 21 1295 29 1791,1792 21 1343 4 1793,1794 21 1345, 1346 22 1795, 1796 21 1346.1 22 2043 OC 1347, 1348 29 2045, 2046 33 1349, 1350 33 2046.1 25 1351, 1352 33 2047, 2048 OC 1353, 1354 33 2049, 2050 OC 1355, 1356 33 2051, 2052 OC 1356.1 33 2053 OC 1357, 1358 OC 2353 OC 1359, 1360 33 2355, 2356 OC 1361, 1362 33 2357, 2358 33 1363, 1364 33 2359, 2360 33 1365, 1366 33 2361, 2362 33 1366.1, 1366.2 33 2363, 2364 33 1366.3, 1366.4 33 2364.1 33 1367 5 2365, 2366 OC 1411 OC 2367, 2368 37 1463 OC 2368.1 37 1465, 1466 OC 2369, 2370 OC 1517 OC 2371, 2372 OC Supp. No. 40 [3] NOR"I'H PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 2373, 2374 33 2510.29, 2510.30 25, Add. 2375, 2376 33 2510.31, 2510.32 25, Add. 2377, 2378 33 2510.33, 2510.34 25, Add. 2379 33 2510.35, 2510.36 25, Add. 2479 9 2510.37, 2510.38 25, Add. 2481, 2482 23 2510.39, 2510.40 25, Add. 2483, 2484 23 2510.41, 2510.42 25, Add. 2484.1, 2484.2 35 2510.43, 2510.44 25, Add. 2485 35 2510.45, 2510.46 25, Add. 2486.1, 2486.2 23 2510.47, 2510.48 25, Add. 2486.3, 2486.4 33 2510.49, 2510.50 25, Add. 2486.5, 2486.6 33 2510.51, 2510.52 25, Add. 2486.7 33 2510.53, 2510.54 25, Add. 2487, 2488 OC 2510.55, 2510.56 25, Add. 2488.1, 2488.2 18 2510.57, 2510.58 25, Add. 2489, 2490 18 2511, 2512 30 2491, 2492 18 2512.1, 2512.2 23 2493, 2494 18 2512.3, 2512.4 33 2495, 2496 18 2512.5, 2512.6 33 2497, 2498 32 2512.7 33 2499, 2500 32 2513, 2514 OC 2500.1 32 2515, 2516 22 2501, 2502 25 2517, 2518 22 2503, 2504 28 2619 38 2504.1, 2504.2 29 2819, 2820 36 2504.3 28 2869, 2870 OC 2505, 2506 10 2871 OC 2507, 2508 13 2873 OC 2509, 2510 32 2875, 2876 OC 2510.1, 2510.2 32 2877, 2878 OC 2510.2.1 32 2879, 2880 OC 2510.3, 2510.4 25, Add. 2881, 2882 14 2510.5, 2510.6 25, Add. 2883, 2884 14 2510.7, 2510.8 25, Add. 2885, 2886 19 2510.9, 2510.10 25, Add. 2887, 2888 25, Add. 2510.11, 2510.12 25, Add. 2889, 2890 33 2510.13, 2510.14 25, Add. 2891 40 2510.15, 2510.16 25, Add. 2933, 2934 25 2510.17, 2510.18 25, Add. 2935, 2936 39 2510.19, 2510.20 25, Add. 2937, 2938 39 2510.21, 2510.22 25, Add. 2938.1 39 2510.23, 2510.24 25, Add. 2939, 2940 37 2510.25, 2510.26 25, Add. 2941, 2942 36 2510.27, 2510.28 25, Add. 2943, 2944 39 Supp. No. 40 [4] CHECKLIS"I' OF UP-"I'O-DA"I'E PAGES Page No. Supp. No. 2945, 2946 39 2947, 2948 39 2949, 2950 36 2951, 2952 39 2953, 2954 36 2955, 2956 39 2957, 2958 36 2959, 2960 36 Supp. No. 40 [5] BUILDINGS AND BUILDING REGULA'PIONS upon which such certificate was granted shall be turned over to the building inspector whose re- sponsibility it shall be to determine, from time to time as the project is in progress and finally upon its completion, that there have been no unautho- rized deviations from the evidence upon which the granting of the certificate of appropriateness was originally based. The building inspector shall not issue a certificate of occupancy for any build- ing or structure where there have been any devi- ations from the certificate of appropriateness which has been granted. (Code 1970, § 6-38) Secs. 6-61-6-71. Reserved. ARTICLE IV. RESERVED''` Secs. 6-72-6-109. Reserved. ARTICLE V. SIGNS AND OUTDOOR DISPLAYS'i' Sec. 6-110. Purpose and scope of regula- tions. (a) In General. The purpose of this chapter is to establish regulations for the systematic control of signs and advertising displays within the Vil- lage of North Palm Beach. The regulations and requirements as herein set forth are intended to preserve the residential character of the Village of North Palm Beach by controlling size, location and use of signs in all zoning districts within the village. It is further intended to protect and *Editor's note-Section 3 of Ord. No. 4-90, adopted Mar. 8, 1990, repealed former Art. IV, "Contractors," which con- tained §§ 6-72 6-81 and 6-89 6-99. 'Phe repealed provisions derived from Code 1970, § 10-1 10-11, and Ord. No. 19-82, §§ 1 6, adopted Oct. 14, 1982. #Editor's note-Ord. No. 24-93, § 1, adopted Oct. 14, 1993, repealed the provisions of former Art. V §§ 6-111 6- 138, relative to si~,ms and outdoor displays, and § 2 of said ordinance enacted a new Art. V to read as herein set out in §§ 6-111 6-117. 'Phe provisions of former Art. V derived from Ord. No. 10-80, adopted 1Vlay 22, 1980; Ord. No. 32-80, adopted Oct. 23, 1980; Ord. No. 7-85, adopted May 9, 1985; Ord. No. 1-88, adopted Jan. 14, 1988; Ord. No. 5-89, adopted Feb. 9, 1989; and Ord. No. 19-89, adopted Sept. 14, 1989. Cross references-Appearance plan, App. A; zoning, App. C. § 6-111 promote the general health, safety and welfare of the public, to protect property values and to assist in the safe, economic, and aesthetic development of business: (1) Property value protection. Signs should not create a nuisance to the occupancy or use of other properties as a result of their size, height, brightness or movement. They should be in harmony with buildings, the neighborhood and other conforming signs in the area. (2) Communication. Signs should not deny other persons or groups the use of sight lines on public rights-of--way, should not obscure important public messages and should not overwhelm readers with too many messages. Signs can and should help individuals to identify and under- standthe jurisdiction and the character of its subareas. (3) Preservation of community's beauty. Small residential municipalities such as this rely heavily on their natural surroundings and beautification efforts to retain their unique character. This concern is reflected by the active and objective regulations of the appearance and design of signs. (Ord. No. 31-2001, § 1, 10-25-O1) Sec. 6-111. General provisions. (A) Criteria for appearance. (1) Wall signs shall be part of the architec- tural concept of the building. Size, color, lettering, location and arrangement shall be harmonious with the building design. (2) Ground signs shall be designed in har- mony with the architectural theme, de- sign style and scale of the principal build- ing on site and incorporate complementary building materials. The same criteria ap- plicable to wall signs shall apply to ground signs. (3) Identification signs of a prototype design shall conform to the criteria for building and ground signs. Supp. No. 40 398.5 § 6-111 NOR'PH PALM BEACH CODE (4) Materials used in signs shall have good architectural character and be harmoni- ous with the building design and surround- ing landscape. (5) Every sign shall be designed so as to have visual relationship to buildings and sur- roundings. (6) Colors shall be used harmoniously and with restraint. Excessive brightness and brilliant colors shall be avoided. Lighting shall be harmonious with the design. If external spot or flood lighting is used, the light fixtures and light source shall be arranged so that the light source is shielded from view. (7) All permanent signs shall comply with the requirements and procedures of the Village Appearance Code. (B) Relationship to building and electrical codes. These sign regulations are intended to comple- ment the requirements of the building and elec- trical codes adopted by the village. Wherever there is inconsistency between these regulations and the building or electrical code, the more stringent requirements shall apply. (C) Nonconforming signs. All building wall sign structures, awning signs, pole sign structures and ground sign structures erected within the village that do not conform to the terms of this code shall conform by October 14, 2003, or be removed from the premises. A face change on a building wall sign, awning sign, pole sign or ground sign will not require the sign to conform. All other signs and outdoor displays shall conform within thirty (30) days of the effective date of this article. A nonconforming sign may not be enlarged or al- tered to increase its nonconformity. Should any nonconforming sign be damaged by any means to an extent of more than fifty (50) percent of its replacement cost at the time of damage, it shall not be reconstructed or repaired except in confor- mity with the provisions of this article. (D) Appeals and review. The applicant may file an appeal to the village council on any ruling by the planning commission as to this Sign Code in accordance with section 6-35 of the Village Code. (E) Variance. (1) Permanent sign. Dimensional restrictions outlined in this Code or viewing obstacles shall be considered the only grounds of a hardship for appeal from the regulations described herein. Any increase in the height or size of a sign or setback thereof in the granted variance shall not exceed thirty (30) percent of the requirements of this code. (2) The board of adjustment shall hear and rule on all applications for variance to this Code. All the provisions of Article III, Chapter 21 of the Village Code, shall apply to applications for variance to this code. (3) All applications for variances to regula- tions established by this article shall be filed with the building official upon a form supplied by the village. The application shall be accompanied by a filing fee of one hundred fifty dollars ($150.00). (F) Enforcement. The building official may ini- tiate action before the code enforcement board of the village to obtain compliance with this code. (G) Maintenance. (1) All signs, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and dis- play areas, shall be maintained in accor- dance with the building and electrical codes adopted by the village, and shall present a neat and clean appearance. The vegetation around the base of ground signs shall be neatly trimmed and free of un- sightly weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign. (2) Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which sign may be found within ten (10) days after written notification from the building of- Supp. No. 40 398.6 BUILDINGS AND BUILDING REGULA'PIONS facial. Upon failure to comply with such notice within the specified time in such order, the building official is hereby au- thorized to cause removal of such sign and any expenses incident thereto shall be paid by the owner of the building or structure to which said sign is attached. (H) Definitions. Accessory sign. A permanent ground or build- ing wall sign that is permitted under this Code as incidental to an existing or proposed use of land. Advertising. Sign copy intended to directly or indirectly promote the sale or use of a product, service, commodity, entertainment, or real or personal property. Awning. An architectural projection that pro- vides weather protection, identity and/or deco- ration and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight, rigid or retractable skeleton over which an approved cover is attached. Awning sign. A sign painted on, printed on or attached flat against the surface of the awning. Back lit awning. An internally illuminated awning with translucent covering. Building wall sign. A sign displayed upon or attached to any part of the exterior of a build- ing, including walls, windows, doors, parapets, awnings and roof slopes of forty-five (45) de- grees or steeper. Changeable copy sign. A sign which is visible from outside a building and which is character- ized by changeable copy, regardless of method of attachment of the copy. Commercially developed parcel. A parcel of property on which there is at least one walled and roofed structure used, or designed to be used, for other than residential or agricultural purposes. Copy. The linguistic or graphic content of a sign. § 6-111 Directional sign. An on premises sign de- signed to guide or direct pedestrians or vehic- ular traffic. Electric sign. Any sign containing electric wiring. Erect a sign. To construct, reconstruct, build, relocate, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish a sign but it shall not include any of the foregoing activities when performed as an incident to routine mainte- nance. Frontage. The length of the property line of any one parcel along the main street on which it borders. Ground sign. Any sign that is erected on the ground, when no part of the sign is attached to any part of a building or structure. A ground sign shall be supported by a base no greater than three (3) feet in height. Harmful to minors. With regard to sign content, any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: (1) Predominately appeals to the pruri- ent, shameful, or morbid interest of minors in sex, and (2) Is patently offensive to contempo- rary standards in the adult commu- nity as a whole with respect to what is suitable sexual material for mi- nors, and (3) Taken as a whole, lacks serious lit- erary, artistic, political, or scientific value. The term "harmful to minors" shall also in- clude any non-erotic word or picture when it: (1) Is patently offensive to contempo- rary standards in the adult commu- nity as a whole with respect to what is suitable for viewing by minors, and (2) Taken as a whole, lacks serious lit- erary, artistic, political, or scientific value. Supp. No. 40 398.7 § 6-111 NOR'PH PALM BEACH CODE Height of a sign. The height of a sign shall be measured as the vertical distance from the finished grade, excluding berms, at the base of the supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher. Illuminated sign. A sign which contains a source of light or which is designed or arranged to reflect light from an artificial source includ- ing indirect lighting, neon, incandescent lights, back-lighting, and shall also include signs with reflectors that depend upon automobile head- lights for an image. Logo. Any symbol, trademark, picture or other graphic representation which is used to signify or identify the particular business or organization. Marquee. A structure projecting from and completely supported by a building and which extends beyond the building line or property line and fully or partially covers a sidewalk, public entrance or other pedestrian way. Multiple occupancy complex. A commercial use, i.e. any use other than residential consist- ing of a parcel of property, or parcel of contig- uous properties, existing as a unified or coor- dinated project, with a building or buildings housing more than one occupant. Neon tube sign. A sign electrically lighted by exposed tubes containing inert gas and visible from outside of a building. Nonconforming sign. A sign existing at the effective date of the adopting of this article which could not be built under the terms of this article. Occupant (occupancy). The use of a building or structure, or any portion thereof for commer- cial transactions. Off sitelpremise sign. A sign advertising an establishment, merchandise, service or enter- tainment, which is not sold, produced, manu- factured or furnished at the property on which said sign is located. Outline neon lighting. An arrangement of electric discharge tubing to outline or call at- tention to certain features such as the shape of a building or the decoration of a window. Painted wall sign. A sign painted on a wall or on any other surface or part of a building or structure. Parcel. A unit of land within legally estab- lished property lines. If, however, the property lines are such as to defeat the purposes of this Code or lead to absurd results, a "parcel" may be as designated for a particular site by the building official. Permanent. Designed, constructed and in- tended for more than short term use. Pole sign. A sign supported permanently upon the ground by poles or braces and not attached to any building. Portable sign. Any sign which is manifestly designed to be transported by trailer or on its own wheels, including such signs even though the wheels may be removed and the remaining chassis or support structure converted to an A or T frame sign and attached temporarily or permanently to the ground. Roof line. A horizontal line intersecting the highest point or points of a roof. Roof sign. A sign placed above the roof line of a building or on or against a roof slope of less than forty-five (45) degrees. Sign. Any writing, pictorial presentation, number, illustration, or decoration, flag, ban- ner or pennant, balloon, search light, or other device which is used to announce, direct atten- tion to, identify, advertise or otherwise make anything known. The term sign shall not be deemed to include the terms "building" or "land- scaping," or any architectural embellishment of a building not intended to communicate information. Sign face. The part of a sign that is or maybe used for copy. Sign face area. The area of any regular geometric shape which contains the entire sur- face area of a sign upon which copy may be placed. Supp. No. 40 398,8 BUILDINGS AND BUILDING REGULA'PIONS Sign structure. Any construction used or designed to support a sign. Street. A public or private right-of--way for vehicular traffic, including highways, thorough- fares, lanes, roads, ways, and boulevards. Temporary sign. A sign which is intended to advertise community events, civic projects, po- litical candidacy, political issues, real estate for sale or lease or other special events on a short term basis. Unit. That part of a multiple occupancy complex housing one occupant. Vehicle sign. A sign of any nature attached to, affixed in any manner or painted on a motor vehicle or trailer. (I) Permits. (1) A sign shall not hereafter be erected, constructed, altered or maintained except as provided in this Code, until after a permit for the same has been issued in accordance with the permitting proce- dures of the building code. (2) Fees. Fees shall be based on the construc- tion valuation as set forth in the building code. (3) Exemption. Temporary signs are exempt from the requirement of obtaining a per- mit or paying a fee, but they shall be subject to the other provisions of this chapter. (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 1, 8-11-94; Ord. No. 10-99, § 1, 2-11-99; Ord. No. 2009-02, § 2, 1-22-09) Sec. 6-112. Exempt signs. The following signs are exempt from the oper- ation of these sign regulations, and from the requirement in this Code that a permit be ob- tained for the erection of permanent signs, pro- vided they are not placed or constructed so as to create a hazard of any kind: (A) Signs that are not designed or located so as to be visible from any street or adjoin- ing property. Supp. No. 40 398,9 § 6-112 (B) Parking area directional signs may be erected at each point of ingress and egress to a parking lot or parking area. Such signs shall not exceed two (2) square feet in background area nor extend to a height greater than three (3) feet above ground. Only one (1) such sign shall be allowed at each point of ingress and egress, provided such signs do not create a traffic or pedes- trian hazard. (See section 6-116(D)) No names or logos permitted. (C) Signs necessary to promote health, safety and welfare, and other regulatory, statu- tory, traffic control or directional signs erected on public property with permis- sion as appropriate from the State of Florida, the United States, the County of Palm Beach, or the Village of North Palm Beach. (D) Legal notices and official instruments. (E) Decorative flags and bunting fora cele- bration, convention, or commemoration of significance to the entire community when authorized by the village manager for a period, not to exceed thirty (30) days. (F) Holiday lights and decorations, erected during the appropriate holiday season, shall comply with all building and electri- cal codes. Holiday lights and decorations may be erected no earlier than four (4) weeks prior to the subject holiday with the exception of the Christmas/Hanukkah holidays. Christmas/Hanukkah lights and decorations maybe erected no earlier than October 15th. All holiday lights and deco- rations must be removed within two (2) weeks following the holiday. (G) Merchandise displays behind storefront windows so long as no part of the display moves or contains flashing lights. (H) Memorial signs or tablets, names of build- ings and dates of erection when cut into any masonry surface or when constructed of bronze or other incombustible materi- als and attached to the surface of a build- ing. § 6-112 NOR'PH PALM BEACH CODE (I) Signs incorporated into machinery or equip- ment by a manufacturer or distributor, which identify or advertise only the prod- uct or service dispensed by the machine or equipment, such as signs customarily af- fixed to newspaper racks, telephone booths, and gasoline pumps. (J) Advertising and identifying signs located on taxicabs, buses, trailers, trucks, vehi- cles or vehicle bumpers, subject to the regulations of section 6-113(B)(23) of this Code. (K) Public warning signs to indicate the dan- gers of trespassing, swimming, animals or similar hazards. (L) Works of art that do not constitute adver- tising. (M) Signs carried by a person. (N) Religious displays. (O) Temporary banners not exceeding thirty- two (32) square feet within commercial zoning districts upon written application to and approval by the community devel- opment department. The application shall be accompanied by an administrative pro- cessingfee established by the village coun- cil. Temporary banners shall be limited as follows: (1) No single commercial parcel may display a temporary banner for more than sixty (60) days during, either consecutive or alternate, during any calendar year. (2) No single commercial parcel shall display more than one (1) temporary banner at any given time, and all banners must relate to a business located within the parcel holding a valid village business tax receipt. (4) Each banner must be located en- tirely against the principal building below the second story floor line (if applicable) and be securely fastened at each corner or edge. (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 25-2001, § 1, 8-23-O1; Ord. No. 2009-02, § 3, 1-22-09) Sec. 6-113. Prohibited signs. (A) Generally. It shall be unlawful to erect or keep any sign not expressly authorized by, or exempted from, this Code. (B) Specifically. The following signs are ex- pressly prohibited unless exempted by section 6-112 of this Code or expressly authorized by section 6-114, or section 6-115 of this Code: (1) Signs that are in violation of the building code or electrical code adopted by the village. (2) Any sign that constitutes a safety hazard. (3) Blank temporary signs. (4) Signs with visible moving, revolving, or rotating parts or visible mechanical move- ment of any description or other apparent visible movement achieved by electrical, electronic, or mechanical means, except for traditional barber poles. (5) Signs with the optical illusion of move- ment by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy. (6) Signs with lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color. (7) Outline neon lighting used on commer- cially developed parcels for commercial purposes. (3) No banner may exceed thirty-two (8) Signs, commonly referred to as wind signs, (32) square feet in overall surface consisting of one or more banners, flags, area or ten (10) feet in height or pennants, ribbons, spinners, streamers or width. The materials used for the captive balloons, or other objects or mate- banner must conform to industry rial fastened in such a manner as to move standards. upon being subjected to pressure by wind. Supp. No. 40 398.10 BUILDINGS AND BUILDING REGULA'PIONS § 6-113 (9) Signs that incorporate projected images, (18) Searchlights used to advertise or promote emit any sound that is intended to attract a business or to attract customers to a attention, or involve the use of live ani- property. mals. (19) Signs that are painted, pasted, or printed (10) Signs that emit audible sound, odor, or on any curbstone, flagstone, pavement, or visible matter such as smoke or steam. any portion of any sidewalk or street, except house numbers and traffic control (ll) Signs or sign structures that interfere in any way with free use of any fire escape, emergency exit, standpipe, or that ob- struct any window to such an extent that light or ventilation is reduced to a point below that required by any provision of this Code or other ordinance of the vil- lage. (12) Signs that resemble any official sign or marker erected by any governmental agency, or that by reason of position, shape or color, would conflict with the proper functioning of any traffic sign or signal, or illumination that may be reasonably con- fused with or construed as, or conceal, a traffic-control device. (13) Signs that obstruct the vision of pedestri- ans, cyclists, or motorists traveling on or entering public streets. (14) Non-governmental signs that use the words "stop," "look," "danger," or any similar word, phrase, or symbol. (15) Signs, within ten (10) feet of public right- of-way or one hundred (100) feet of traffic- control lights, that contain red or green lights that might be confused with traffic control lights. signs. (20) Signs placed upon benches, bus shelters or waste receptacles. (21) Signs erected on public property, or on private property (such as private utility poles) located on public property, other than signs erected by public authority for public purposes. (22) Signs erected over or across any public street except as may otherwise be ex- pressly authorized by this Code, and ex- cept governmental signs erected by or on the order of the village manager. (23) a. Vehicle signs with a total sign area on any vehicle in excess of ten (10) square feet, when the vehicle is parked on the same property as the business being advertised and: 1. Is parked for more than sixty (60) consecutive minutes within one hundred (100) feet of any street right-of--way; and 2. Is visible from the street right- of-way that the vehicle is within one hundred (100) feet of; and 3. Is parked on commercially zoned property; (16) Signs that are of such intensity or bril- liance as to cause glare or impair the vision of any motorist, cyclist, or pedes- trian using or entering a public way, or that are a hazard or a nuisance to occu- pants of any property because of glare or other characteristics. (17) Signs that contain any lighting or control mechanism that causes interference with radio, television or other communication signals. b. Vehicle signs visible from any street right-of--way with a total sign area less than or equal to ten (10) square feet, when the vehicle is parked for more than sixty (60) consecutive min- utes on a commercially zoned prop- erty and on which the business being advertised is located and: 1. Is parked within the front two- thirds of the area between the front building line and the front lot line; or Supp. No. 40 398.11 § 6-ll~ NOR'PH PALM BEACH CODE 2. In the case of corner lots, is parked within the front two- thirds of the area between the side building line and the side lot line; or 3. Is parked within thirty (30) feet of any street right-of--way. (24) Signs displaying copy that is harmful to minors as defined by this code. (25) Portable signs as defined by this code. (26) Marquee sign as defined by this code. (27) Roof sign as defined by this code. (28) Changeable copy sign as defined by this code. Exceptions: a. Sign for public, charitable, and reli- gious institutions. b. Motor vehicle service station signs; provided, however, that said signs are: 1. Limited to a maximum of twenty (20) percent of the total sign area for said vehicle service sta- tion. 2. Changeable copy is limited to price of fuel and the words "cash" and "credit." 3. The maximum height of change- able numbers shall be twelve (12) inches. (33) Time-Temperature-Date Signs. (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 2, 8-18-94; Ord. No. 37-97, § 1, 8-28-97; Ord. No. 12-2000, § 1, 4-27-00) Sec. 6-114. Permitted temporary signs. (A) Where allowed. Temporary signs are al- lowed throughout the village, subject to the re- strictions imposed by this section and other rele- vant parts of this Code. Temporary signs do not require a building permit. (B) Sign types allowed. A temporary sign may be a pole, ground or building wall sign, but may not be an electric sign. (C) Removal of illegal temporary signs. Any temporary sign not complying with the require- ments of this section is illegal and subject to immediate removal by the village forces. (D) Restrictions on content of temporary signs. A temporary sign may display any message so long as it is not: (1) Harmful to minors as defined by this Code. (2) Advertising as defined by this Code, ex- cept that advertising for the following purposes may be displayed: a. To indicate that an owner, either personally or through an agent, is actively attempting to sell, rent or lease the property on which the sign is located or a unit located on the property. c. Signs in P-Public District. (29) Painted wall sign as defined by this code (30) Neon tube sign located inside or outside a building and as defined by this code. (31) Off site/premise sign as defined in this code. (32) Signs placed on boats or watercraft that are located on public or private property other than boat or watercraft name, man- ufacturers name or required license num- bers. b. To identify construction in progress. Such message shall not be displayed more than sixty (60) days prior to the beginning of actual construction of the project, and shall be removed when construction is completed. If a message is displayed pursuant to this section, but construction is not initiated within sixty (60) days after the message is displayed, or if con- struction is discontinued for a period of more than sixty (60) days, the Supp. No. 40 398.12 BUILDINGS AND BUILDING REGULA'PIONS § 6-115 message shall be removed, pending initiation or continuation of construc- tion activities. c. To announce or advertise such tem- porary uses as grand openings, car- nivals, revivals, sporting events, or any public charitable, educational or religious event or function. Such mes- sage shall not be displayed more than thirty (30) days prior to the event or function and shall be re- moved within two (2) working days after the special event. Approval of the size and locations of the signs by the department of community devel- opment is required. d. Political sign. Nothing shall be con- strued to regulate the content or internal design of a political sign. Signs advertising political events and functions shall not be displayed more than thirty (30) days prior to the event or function and shall be re- moved not more than seven (7) cal- endar days following the event or function advertised by the sign. Cam- paign signs shall not be displayed more than thirty (30) days prior to the candidate qualifying for office or issue being voted upon and shall be removed within seven (7) days fol- lowing the election (E) Permissible size, height and number of temporary signs. (1) Non-political signs. a. One-family and two-family resi- dences. Aparcel on which is located a single one-family ortwo-family res- idence may display not more than one (1) temporary sign with a sign area of not more than five (5) square feet. No sign shall exceed five (5) feet in height. Front setback shall be ten (10) feet and side setback shall be three (3) feet. b. Multi-family residences. A parcel on which is located amulti-family resi- dence may display not more than one (1) temporary sign with a sign area of not more than thirty-two (32) square feet. No individual sign shall exceed eight (8) feet in height. Front setback shall be ten (10) feet and side setback shall be three (3) feet. c. On all other parcels. All other par- cels may display not more than one (1) temporary sign with an aggre- gate sign area of not more than six- teen (16) square feet. No sign shall exceed eight (8) feet in height. (2) Political signs. Three (3) temporary polit- ical signs, each not exceeding five (5) square feet in sign area and not more than five (5) feet in height, may be dis- played on any parcel within the village. (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 32-2000, § 1, 10-12-00; Ord. No. 10-2002, § 1, 4-25-02; Ord. No. 09-2003, § 1, 4-10-03; Ord. No. 2006-24, § 2.C.2, 11-9-06; Ord. No. 2009-02, § 4, 1-22-09) Sec. 6-115. Permitted permanent accessory signs. (A) Sign types allowed. Apermanent accessory sign may be a ground or building wall sign. (B) Content. A permanent accessory sign may only display any combination of the following, none of which may be harmful to minors as defined in this Code. (1) Letters depicting the name of the building or the name of the building occupant. (2) Letters depicting the nature of the busi- ness and that are a maximum of fifty (50) percent of the height of the letters in paragraph (B)(1) of this section. (3) A logo symbol for the building or the building occupant which does not exceed fifty (50) percent of the allowable sign area. (4) Street address number and/or name. Street address numbers may be located on any portion of a ground sign not conflicting with any other requirement of this article. (5) A removable sign affixed by permanent brackets within the sign face area of a Supp. No. 40 398.13 § 6-115 NOR'PH PALM BEACH CODE ground sign indicating that units within the same parcel are for sale or for lease and including a contact phone number. The brackets and sign cannot cover any other portion of the sign copy, including any lettering, logo or address. (6) For commercial projects occupied by mul- tiple retail or service establishments where the total area of the project, including outparcels, exceeds five (5) acres, a ground sign may, subject to planning commission review and approval of the sign design in accordance with the criteria set forth in this article, depict the name of the project and the names of up to five (5) tenants or occupants of the project. A "for sale" or "for lease" sign may be substituted for one (1) of the tenant or occupant signs if the space within the project is being actively marketed for sale or lease. (7) Noncommercial message. Notwithstand- ing anything contained in other sections of the Code of the village to the contrary, any sign erected pursuant to the provi- sions of this code may, at the option of the applicant, contain either a noncommer- cial message unrelated to the business located on the premises where the sign is erected or a commercial message related to the business and located on the busi- ness premises. The noncommercial mes- sage may occupy the entire sign face or portion thereof. The sign face may be changed from commercial to noncommer- cial messages as frequently as desired by the owner of the sign, provided that the size and design criteria conform to the applicable portions of this code, the sign is allowed by this code, the sign conforms to the requirements of the applicable zoning designation and the appropriate permits are obtained. For the purposes of this sign code, noncommercial messages, by their very nature, shall never be deemed off- premises. (C) Permissible number, area, spacing and height of permanent accessory signs. (1) Ground signs: a. Multi-family buildings with more than four (4) dwelling units. Number -One (1) maximum. Sign Area -Maximum thirty-two (32) square feet. Height -Eight (8) feet maximum. Set back, Minimum -Ten (10) feet front -three (3) feet side. b. Commercial occupancy: Number -One sign per parcel right- of-way frontage maximum. Sigrz Sigrz Sigrz Face Setback Height Area Minimum Maximum Maximum 5 ft. 8 ft. 30 sq. ft. 10 ft. 8 ft. 36 sq. ft. 20 ft. 10 ft. 40 sq. ft. 30 ft. 10 ft. 45 sq. ft. (2) Building wall signs: a. Subject to the design criteria of this article, the maximum mounting height of a building wall sign shall be eighteen (18) feet, except that on a building of more than two (2) sto- ries, asingle building wall sign is allowed above eighteen (18) feet fac- ing each public street frontage. b. Each multiple occupancy complex may display one (1) permanent ac- cessory building wall identification sign facing each public street front- age on the principal building in which the complex is located, not to exceed a sign area of twenty (20) square feet. c. Each occupant of a multiple occu- pancy complex that has a licensed building frontage which has direct ground level walk-in access from a public or private roadway or side- walk may display one (1) permanent accessory building wall sign on any exterior portion of the complex that Supp. No. 40 398.14 BUILDINGS AND BUILDING REGULA'PIONS § 6-115 is part of the occupant's unit (not (2) Restrictions. including a common or jointly owned a. One (1) sign is permitted at only one area), and that has a maximum sign (1) entrance into the development area of five (5) percent of the facade area if the front building setback is from each abutting street. The sign twenty-five (25) feet minimum, seven may be a single sign with two (2) (7) percent of the facade area if the faces of equal size or may be two (2) front building setback is seventy (70) single-faced structures of equal size feet minimum and ten (10) percent located on each side of the entrance. of the facade area if the front build- No face of the sign shall exceed thirty- ing setback is one hundred (100) feet two (32) square feet in size, and may minimum. Exception: An occupant be illuminated in a steady light only. that has building facade area facing b. When considering the placement of multiple public street frontages may such signs the planning commission have one (1) full size wall sign facing , shall consider the location of public a public street frontage and aone- utilities sidewalks and future street half (i/z) size wall sign facing the , widening. other street frontages. d. Each occupant of a single occupancy c. The planning commission shall en- complex may display one (1) perma- sure that such signs shall be main- nent accessory wall sign on the prin- tained perpetually by the developer, cipal building in which the occu- the owner of the sign, a pertinent panty is located, not to exceed a sign owners' association, or some other area of five (5) percent of the facade person who is legally accountable area if the front building setback is under a maintenance arrangement twenty-five (25) feet minimum, seven approved by the village council. If no (7) percent of the facade area if the accountable person accepts legal re- front building setback is seventy (70) sponsibility to maintain the signs feet minimum and ten (10) percent and no other provision has been made of the facade area if the front build- for the maintenance of them, the ing setback is one hundred feet (100) signs shall be removed by the devel- minimum. oper or owner. Exception: An occupant that has building facade area facing multiple public street frontages may have one (1) full size wall sign facing a public street frontage and one-half (i/z) size wall sign facing the other street front- ages. (D) Directional signs. One (1) parking area directional sign may be erected at each point of ingress and egress to a parking lot or parking area. Such signs shall not exceed two (2) square feet in background area nor exceed three (3) feet in height. Such signs shall not create a traffic or pedestrian hazard. (See section 6-ll2(B)). (E) Signs at entrances to residential develop- ments. (1) Generally. A permanent accessory sign may be displayed at the entrance to resi- dential developments. (F) Flags. (1) Number: Not more than three (3) flags or insignias of governmental, religious, char- itable, fraternal or other organizations may be permanently displayed on any one parcel of land. (2) Size. The maximum distance from top to bottom of any flag or flags shall be thirty (30) percent of the total height of the flag pole, or in the absence of a flag pole, thirty (30) percent of the distance from the top of the flag or insignia to the ground. The maximum height of a flag pole within the R-1 single-family dwelling district and the R-2 multiple-family dwelling district shall be twenty (20) feet. The maximum height of a flag pole within the R-3 apart- Supp. No. 40 398.15 § 6-115 NOR'PH PALM BEACH CODE ment dwelling district and all non-resi- dential zoning districts shall be thirty- five (35) feet. (G) Utility signs. Public utility signs that iden- tify the location of underground utility lines and facilities, high voltage lines and facilities, and other utility facilities and appurtenances are per- mitted so long as they do not exceed three (3) feet in height, and so long as the sign face does not exceed one-half (i/z) square foot. (H) Street numbers. (1) Generally. Every building in the village shall have its street number so affixed to the building or the premises upon which the building is located that it is both visible and legible from the public street. (2) Commercial buildings. Every commercial building with a wall facing an alley shall have each individual tenancy street num- ber affixed to the building above or next to the rear door serving each tenancy so that the number is both visible and legible from the alley. The street numbers shall be reflective. (3) Height-Color: All street numbers shall be a minimum of three (3) inches in height on residential buildings and a minimum of six (6) inches on commercial buildings. Maximum height of all street numbers shall be eight (8) inches. All street num- bers shall be a sharply contrasting color with the building. (4) Maintenance. It shall be the duty of the owner of the building to maintain the numbers on the building in good condi- tion. (I) Signs in P-Public Zoning District (1) ape-On premise, wall and ground signs. (2) Number-Such number as shall be per- mitted by the village council, in its discre- tion, to assist in the administration and operation of the village and its various governmental, recreation and proprietary operations. (3) Size-Height-Location. Shall be no greater than the signs allowed in adjacent zoning districts. (4) Additional signs. The following additional signs are permitted: Locational and direc- tional signs at outdoor public recreation park and sporting events which may in- clude advertising logo of the entity spon- soring the activity or event being held on publicly owned property, including, but not limited to youth athletic associations, organized team competitions, swimming meets, tennis tournaments and golf course benches with direction and ball washing facilities at each tee. (J) Strings of white light bulbs. Strings of white light bulbs may be permanently permitted to outline buildings and decorate trees on com- mercially developed property provided that such display does not interfere with neighboring land uses. A building permit is required. (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 3, 8-11-94; Ord. No. 10-99, § 2, 2-11-99; Ord. No. 22-2000, § 1, 8-24-00; Ord. No. 31-2001, § 2, 10-25-O1; Ord. No. 2008-O1, § 2, 1-10-08; Ord. No. 2009-02, § 6, 1-22-09) Sec. 6-116. Measurement determinations. (A) Facade area. The facade area shall be measured by determining the area within atwo- dimensional geometric figure coinciding with the edges of the walls, windows, doors, parapets, marquees, and roof slopes of greater than forty- five (45) degrees that form a side of a building or unit. (B) Sign area. (1) Generally. The area of a sign shall be the area within the smallest square, rectan- gle,parallelogram, triangle, circle or semi- circle, the sides of which touch the ex- treme points or edges of the sign face. (2) Special situations. (a) Where a sign is composed of letters attached directly to a facade, win- dow, door, or marquee, and the let- ters are not enclosed by a border or trimming, the sign area shall be the Supp. No. 40 398.16 BUILDINGS AND BUILDING REGULA'rLONS area within the smallest rectangle, parallelogram, triangle, circle or semi- circle, the sides of which touch the extreme points of the letters or pic- tures. (b) Where two (2) sign faces are placed back to back on a single sign struc- ture, and the faces are at no point more than four (4) feet apart, the area of the sign shall be counted as the area of one (1) of the faces. (c) Where three (3) or more sign faces are arranged in a square, rectangle, or diamond, the area of the sign shall be the area of the two (2) larg- est faces. (C) Number of signs. (1) Generally. In general, the number of signs shall be the number of non-contiguous sign faces. Multiple non-contiguous sign faces may be counted as a single sign if all the sign faces are included in the geomet- ric figure used for determining the sign area. (2) Special situations. (a) Where two (2) sign faces are placed back to back and are at no point more than three (3) feet apart, it shall be counted as one sign. (b) If a sign has four (4) faces arranged in a square, rectangle or diamond, it shall be counted as two (2) signs. (D) Sign height. The height of a sign shall be measured as the vertical distance from the fin- ished grade, excluding berms, at the base of the supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher. (Ord. No. 24-93, § 2, 10-14-93) Sec. 6-117. Design, construction, and loca- tion standards. (A) Generally. All permanent signs must com- ply with the following design, construction and location standard. ~~' 6-117 (B) Compliance with buildiug and electrical codes required. All permanent signs, and the illumination thereof, shall be designed, con- structed and maintained in conformity with ap- plicable provisions of the building and electrical codes adopted by the village. (C) Illumination standards. (1) All illuminated signs shall be internally lighted and only by electricity. (2) All electric wiring shall be installed in conduit and concealed. The conduit shall be installed underground in accordance with the village electric code. (3) Electrically lighted signs shall be auto- matically controlled to be disconnected daily at midnight or at the close of busi- ness if the advertised closing is later than midnight. (4) Sign lighting may not be designed or located to cause confusion with traffic lights. (D) Placement standards. (1) In right-of--way. Supports for signs or sign structures shall not be placed in or upon a public right-of--way or public easement. (2) Over right-of--way. No ground sign shall project over a public right-of--way. Supp. No. 40 398.16.1 COUN'PRY CLUB ARTICLE I. IN GENERAL Sec. 9-1. Premises-General regulations. No person, other than village employees or persons authorized by the village, on the premises of the North Palm Beach Country Club, including the North Palm Beach Country Club Golf Course, tennis club and tennis facilities, driving range, swimming pool area, dining room, bar, winter club facilities and all other premises included within the property acquired by the village as part of the North Palm Beach Country Club, both under the original purchase and under the option by which it acquired the tennis club area, shall: (1) Disfiguration and/or removal of building and other property. Willfully mark, deface, disfigure, in- jure, tamper with or displace or re- move any building, paving or paving materials, lawn, sod, water line or other public utilities, parts of appur- tenances thereof, signs, notices or placards, whether temporary or per- manent, or any other structures, equipment, facilities or country club property or appurtenances thereto, either real or personal. b. Dig or remove or disfigure any of the tee areas, fairways, greens or rough on the North Palm Beach Country Club Golf Course. Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant. Nor shall any person attach any rope, wire or any contrivance to any tree or plant. A person shall not dig in or otherwise disturb grassy areas or in any other way injure or impair the natural beauty or usefulness of any area. (2) Hours. Be physically present on: The golf course at the Village of North Palm Beach Country Club, including all tees, fairways, greens § 9-2 and rough areas during the period from one (1) hour after sunset to one (1) hour before sunrise each day. b. Other areas at the North Palm Beach Country Club, including the club- house, tennis facilities, swimming pool area and winter club except during daylight hours and during the hours of one (1) hour after sunset and one (1) hour before sunrise as the premises are lighted and use thereof has been expressly approved by the village for the country club restaurant, bar facilities, swimming pool area, tennis courts, golf course, driving range and the winter club. The opening and closing hours for such latter areas shall be posted at the main entrance to the facilities for public information. One (1) hour after sunset and one (1) hour before sunrise, all portions of the North Palm Beach Country Club which are not lighted and permitted for use as described above shall be closed to the public, and no person or persons shall walk or be upon any portion of the country club premises which is closed to the public during those hours. (Ord. No. 5-80, § 1, 3-13-80) Editor's note-Ordinance No. 5-80, § 1, adopted Nlar. 13, 1980, amended the Code with the addition of a new § 9-21. However, in order to maintain Code format, the editor has redesi~,mated the provisions as § 9-l. Sec. 9-2. Same-Signs; enforcement; penal- ties. (a) The village manager shall place appropri- ate signs advising the public of the closing of country club facilities at each entrance to the North Palm Beach Country Club and at each of the North Palm Beach Country Club facilities main entrances. (b) All employees at the North Palm Beach Country Club and the public safety department and public safety office at the village shall, in connection with their duties imposed by law, diligently enforce the provisions of sections 9-1 Supp. No. 40 561 § 9-2 NOR'PH PALM BEACH CODE and 9-2. The North Palm Beach Country Club Manager and all persons employed at the North Palm Beach Country Club shall have the author- ity to reject from the country club premises any person acting in violation of sections 9-1 and 9-2. The North Palm Beach Public Safety Department and any North Palm Beach Public Safety Officer shall have the authority to enforce sections 9-1 and 9-2 and to arrest any persons trespassing upon the country club property in violation of the hours of use and other provisions of sections 9-1 and 9-2. (c) Penalties. Violation of any provision of this Code section shall be punished as provided in section 1-8 of this Code. (Ord. No. 5-80, § 2, 3-13-80) Editor's note-Ordinance No. 5-80, § 2, adopted Mar. 13, 1980, amended the Code with the addition of a new § 9-22. At the editor's discretion, in order to maintain Code format, the provisions have been redesi~,mated as § 9-2. Secs. 9-3-9-15. Reserved. ARTICLE II. GOLF ADVISORY BOARD''` Sec. 9-16. Creation. The village council hereby creates a golf advi- sory board to serve in an advisory capacity. Un- less otherwise provided in this section, the advi- soryboard shall operate in accordance with section 2-1 of this Code. (Ord. No. 2007-20, § 3, 12-13-07) Sec. 9-17. Composition and terms. (a) Composition. The village council shall ap- point five (5) regular members and two (2) alter- nate members to serve on the advisory board. The council shall appoint one (1) regular advisory *Editor's note-Ord. No. 2007-20, §§ 2, 3, adopted Dec. 13, 2007, repealed the former Art. II, §§ 9-16 9-21, and enacted a new Art. II as set out herein. 'Phe former Art. II pertained to similar subject matter and derived from Ord. No. 39-90, §§ 1 5, 7, adopted Nov. 19, 1990; Ord. No. 33-91, § 1, adopted Oct. 24, 1991; Ord. No. 18-93, §§ 1, 2, adopted July 22, 1993; Ord. No. 43-97, § 1, adopted Oct. 9, 1997; Ord. No. 23-98, § 1, adopted Sept. 24, 1998; Ord. No. 4-99, §§ 1 7, adopted Jan. 28, 1999; Ord. No. 12-2001, § 1, adopted 1Vlay 10, 2001; Ord. No. 18-2001, § 2, June 28, 2001; Ord. No. 20-2002, § 1, June 13, 2002. board member from the village men's golf associ- ation and one (1) regular advisory board member from the village women's golf association, each of whom shall be golf members of the country club. Each association shall recommend a person to serve as its representative on the board; however, such recommendation shall not be binding on the council. If no association member wishes to serve in this capacity, the association members may be replaced with golf members of the country club. As to the remaining three (3) regular advisory board members, one (1) shall be a resident golf member of the country club and one (1) shall be either a resident or non-resident golf member of the country club. There is no membership or residency requirement for the third regular mem- ber. Each of the alternate board members shall be golf members. (b) Terms. (1) Upon initial appointment of the advisory board members, the two (2) association representatives shall serve until Apri130, 2009. Thereafter, these members shall serve terms of one (1) year. (2) Upon initial appointment of the advisory board members, the three (3) remaining regular members shall serve until April 30, 2010. Thereafter, these members shall serve terms of two (2) years. (3) Upon initial appointment of the advisory board members, the two (2) alternate mem- bers shall serve untilApri130, 2009. There- after, these members shall serve terms of one (1) year. (4) Any appointment to fill any vacancy of a advisory board member shall be for the remainder of the unexpired term. (c) Officers. At the first organizational meet- ing, the advisory board shall elect a chairperson, vice-chairperson and a secretary from among its members to serve until May 2009. Thereafter, officers shall be selected as provided in subsection 2-1(j) of this Code. (Ord. No. 2007-20, § 3, 12-13-07; Ord. No. 2009- 03, § 2, 1-22-09) Supp. No. 40 562 COUNPRY CLUB Sec. 9-18. Meetings. The advisory board shall schedule at least one (1) regular meeting per month. In addition, spe- cial meetings may be called by the chairperson or by written notice signed by three (3) regular members by providing at least forty-eight (48) hours' notice. (Ord. No. 2007-20, § 3, 12-13-07) Sec. 9-19. Duties. The advisory board shall be advisory only and shall have no final authority with respect to the country club golf operations. The duties of the golf advisory board shall be established by resolution of the village council. (Ord. No. 2007-20, § 3, 12-13-07) Secs. 9-20-9-31. Reserved. ARTICLE III. FINANCES Sec. 9-32. Delinquent accounts; penalties. (a) Effective November 1, 1971, all past-due charges for goods or services purchased at the country club shall carry a penalty of one and one-half (h/z) percent of the amount due for each thirty (30) days the account is past due on all accounts where the past-due indebtedness is ten dollars ($10.00) or more. (b) Effective November 1, 1971, all past-due membership fees at the country club shall carry a penalty of one and one-half (h/z) percent of the amount past due for each thirty (30) days the membership fee is past due on all accounts where the past-due indebtedness is ten dollars ($10.00) or more. (c) All billings for membership fees and for goods or services purchased at the country club shall contain information advising the customer of the penalty charge for late payment, with at least athirty-day notice of such penalty. (d) In addition to the penalties set forth in paragraphs (a) and (b) of this section, any person whose account for membership fees or for goods and services purchased at the country club is delinquent beyond two (2) billing periods shall § 9-~2 have his membership privileges suspended at the country club and shall no longer be entitled to purchase goods and services or to utilize the facilities at the country club until he has brought his account current. (Code 1970, § 10.5-40; Ord. No. 211-70, § l; Ord. No. 9-71, § 9; Ord. No. 3-76, § 1, 3-11-76) ('Phe next page is 6151 Supp. No. 40 563 HEAL'PH AND SANPPA'P10N ARTICLE I. IN GENERAL Secs. 14-1-14-15. Reserved. ARTICLE II. GARBAGE, TRASH AND REFUSE''` DIVISION 1. GENERALLY Secs. 14-16-14-22. Reserved. DIVISION 2. GARBAGE COLLECTION AND DISPOSAL Sec. 14-23. Definition. As used in this division, "commercial garbage" shall mean every refuse accumulation of animal, fruit or vegetable matter that attends the prepa- ration, use, cooking and dealing in, or storage of meats, fish, fowl, fruits or vegetables, and any other matter of any nature whatsoever which is subject to decay and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects. (Code 1970, § 18-1) Cross reference-Rules of construction and definitions generally, § 1-2. Sec. 14-24. Garbage cans-Required. Garbage containers at each commercial estab- lishment within the village and at each multifam- ily dwelling which contains three (3) or more units shall provide dumpster-type garbage con- tainers which can be collected by village garbage vehicles using the dumpster collection method. (Code 1970, § 18-23; Ord. No. 6-75, § 1, 6-12-75) Sec. 14-25. Same-To be kept covered. All commercial garbage cans shall be kept tightly covered at all times, except when neces- sary to lift the covers for the purpose of depositing garbage in the garbage can or for the purpose of emptying such garbage into a garbage truck. (Code 1970, § 18-24) *Cross reference-Refuse disposal divisions, § 2-85(e) Sec. 14-26. Frequency of collection. § 14-28 Commercial garbage shall be collected at least three (3) times a week, and with greater fre- quency and in such manner as shall be directed by the village manager. (Code 1970, § 18-41) Sec. 14-27. Charges-Generally. All property within the village which is im- proved by a structure for which a certificate of occupancy is issued after February first of any year and for which garbage and trash collections are made by the village shall pay the following fees for collection and disposal of garbage and trash during the remainder of that calendar year in which the certificate of occupancy is issued: (1) One- and two-family homes, four dollars and twenty-three cents ($4.23) per dwell- ing unit per month, or fraction thereof. (2) Dwellings of three (3) units or more, four dollars and twenty-three cents ($4.23) per unit per month, or fraction thereof. Where a dwelling of three (3) or more units is a condominium and the condominium asso- ciation or the developer of the condomin- ium notifies the director of public works, garbage and trash fees shall be billed to the individual owners of condominium units. (3) For commercial establishments, four dol- lars and twenty-three cents ($4.23) per month, or fraction thereof. (Code 1970, § 18-49; Ord. No. 2-74, § l; Ord. No. 2006-24, § 2.E.1, 11-9-06) Sec. 14-28. Same-Fee for excess amounts from commercial establishments. In the event any commercial establishment has more than two (2) cubic yards of garbage at any one (1) pickup, the occupant thereof shall pay one dollar ($1.00) per cubic yard for all garbage col- lected in excess of two (2) cubic yards. In the event any commercial establishment has more than six (6) cubic yards of garbage picked up during any Supp. No. 40 891 § 14-28 NOR'PH PALM BEACH CODE one (1) week, the occupant thereof shall pay one dollar ($1.00) per cubic yard for all garbage col- lected in excess of six (6) cubic yards per week. (Code 1970, § 18-48) Sec. 14-29. Same-When and where paid. All payments required by this division shall be made to the village by the fifteenth of the month for which service is rendered. All delinquent ac- counts are subject to stoppage of service without notice. If a delinquent account is not paid within thirty (30) days, the director of public works shall cease all refuse collection for that account unless otherwise directed by the village manager. Ser- vice shall be resumed thereafter only upon pay- ment of the accumulated fees for the period of collection and the period of noncollection unless the village manager specifically directs otherwise. The stoppage of service herein authorized for nonpayment of collection charges shall be in ad- dition to the right of the village to proceed for the collection of such unpaid charges in a manner provided by law. (Code 1970, § 18-53; Ord. No. 2-74, § 2; Ord. No. 2006-24, § 2.E.2, 11-9-06) Sec. 14-30. Commercial use property waste disposal fees and collection pro- cedures. (1) For purposes of this section, commercial use property shall include all property parcels in the village upon which a building exists with the exception of residential use property, village- owned property and other property used for gov- ernmental purposes. (2) Annual disposal fees for garbage and trash and all other refuse collected by the Village of North Palm Beach shall be charged as herein provided, except as otherwise stated. Occupancy Category Fee per Square Foot Low $ 0.068 Medium 0.181 High 0.967 Occupancy category is as determined by the Palm Beach County Solid Waste Authority. Total square feet is as determined by the Palm Beach County Property Appraiser. (3) Waste disposal fees shall be due and pay- able to the village yearly in advance on October 1 of each year regardless of occupancy or use of the property charged. The fees shall be billed to the property owner of record as shown on the county tax rolls. Failure to pay the fees when due may result in the discontinuance of the waste removal service and/or the placing of a lien by the village council in the amount of the fees due against the property to which service is available, and/or action by the village code enforcement board. (4) The collection of garbage and trash by a private person, firm, or corporation hired for such purpose is prohibited except where dumpsters of greater than two-cubic-yard capacity are used. (Ord. No. 37-90, § 1, 10-25-90; Ord. No. 34-91, § 1, 11-14-91; Ord. No. 18-92, § 1, 10-22-92; Ord. No. 19-94, § 1, 10-13-94; Ord. No. 8-96, § 1, 2-8-96; Ord. No. 3-98, § 1, 1-8-98; Ord. No. 29-2000, § 1, 9-28-00; Ord. No. 29-2002, § 1, 10-10-02; Ord. No. 2006-20, § 2, 9-28-06; Ord. No. 2006-28, § 2, 12-14-06; Ord. No. 2007-21, § 2, 12-13-07; Ord. No. 2008-16, § 2, 10-23-08) Sec. 14-31. Collection of residential yard waste. (a) Definition. For the purposes of this section, yard waste shall include grass clippings, leaves, shrub trimmings, palm fronds and tree limbs. Yard waste shall not include dirt, rocks and similar materials removed from property utilizing mechanical equipment or other waste resulting from land clearing activities. (b) Requirements for collection. (1) Loose yard waste. Loose yard waste, such as grass clippings and leaves, shall be placed in standard thirty-two (32) to fifty (50) gallon cans or sealed plastic bags, with each container weighing less than fifty (50) pounds. (2) Branches, tree limbs, shrub clippings and palm fronds. a. All branches, tree limbs, shrub clip- pings and palm fronds shall be cut into lengths not exceeding four (4) Supp. No. 40 892 HEAL'PH AND SANPPA'PION § 14-63 feet prior to being placed in the Swale ities as prohibited by subsection (b)(4) for collection. Each single item shall above. The village council shall establish weigh less than fifty (50) pounds. a schedule of such costs by resolution. b. On any scheduled yard waste collec- tion day, branches, tree limbs, shrub clippings and palm fronds shall be limited to one (1) pile not exceeding right (8) cubic yards, measuring ap- proximately four (4) feet wide by fifteen (15) feet long by four (4) feet tall. (3) No property owner shall generate yard waste for collection once any portion of the village has been placed under a hur- ricane or tropical storm watch or warning by the national hurricane center of the national oceanic and atmospheric associ- ation (NOAA). (4) Any person, group of persons, corporation or other entity paid a fee to perform tree trimming or landscape maintenance activ- ities within the village shall be registered with the village's community develop- ment department and shall be required to remove all yard waste generated by such tree trimming or landscape maintenance activities. (c) Violations. The provisions of this section shall be enforced by the village's code compliance division or public safety department. Each perfor- mance of any act prohibited by this section or failure to perform an act required by this section shall constitute a separate offense. (d) Assessment of costs. (1) In addition to any fines imposed through the code enforcement process for viola- tions of this section, property owners shall be required to pay the costs associated with the collection of: (i) yard waste in excess of the maximum amount set forth in subsection (b)(2) above; (ii) yard waste placed for collection as prohibited by sub- section (b)(3) above; or (iii) yard waste placed for collection by persons, corpora- tions or firms paid a fee to perform tree trimming or landscape maintenance activ- (2) The village manager or village public works director shall certify the amount of the costs and mail such certification to the property owner via certified mail, return receipt requested, and regular U.S. mail. The property owner shall have fifteen (15) days from the date of mailing in which to pay the costs or challenge the imposition and amount of the costs by requesting a hearing before the village code enforce- ment board. (3) If the property owner fails to pay the costs or if the property owner requests a hear- ing and the board decides adversely to the property owner, the village shall assess the costs against the property owner and record the assessment in the public records. The recording of the assessment shall create and constitute a lien against such property for the amount of the assess- ment, payable to the village. (4) The assessment shall bear interest at the current legal rate of interest per annum as provided by law and shall constitute a lien upon the land from the date of the recording of the assessment. Lien assess- ments may be enforced by civil action in the appropriate court of competent juris- diction. The lien shall continue in full force until discharged by payment or oth- erwise or until settled and released by the community development director or the village manager. (Ord. No. 2009-O1, § 2, 1-8-09) Secs. 14-32-14-36. Reserved. DIVISION 3. RESERVED* Secs. 14-37-14-63. Reserved. *Editor's note-Ord. No. 2008-15, § 2, adopted Oct. 23, 2008, repealed Div. 3, §§ 14-37 14-52, which pertained to abandoned, inoperative and junked property and derived from §§ 23-15, 23-16, and 23-18 23-30 of the 1970 Code and Ord. No. 7-73. Supp. No. 40 892.1 § 14-64 ARTICLE III. RESERVED Secs. 14-64-14-78. Reserved. NOR'PH PALM BEACH CODE Supp. No. 40 892.2 CODE COMYARA'P1VE 'FABLE Adoption Section Ord. No. Date Section this Code 8 19-221 9 29-5(a) 10 App. C, § 45-20(9), (10) 11 App. C, § 45-36 Q(5) 2007- 01 1-11-07 2 Added 21-48 2007- 03 2- 8-07 2 6-17 2007- 10 4-12-07 1 2-52(a) 2 2-54(3) 2007- 13 7-12-07 1, 2 2-1 2007- 16 10-25-07 2 Added App. C, § 45-16.1 2007- 17 10-25-07 2 Added 2-166(1)d. 2007- 19 12-13-07 2,7 18-34 3 2-173 2007- 20 12-13-07 2 Rpld 9-16 9-21 3 9-16 9-19 2007- 21 12-13-07 2 14-30(2) 2008- O1 1-10-08 2 6-ll5(F) 2008- 02 1-10-08 2 2-148 2008- 03 1-24-08 2 10-5 Dltd 10-6 10-8 Ruud 10-9 as 10-6 Dltd 10-10 Ruud 10-13 as 10-7 4 Rpld 10-58 10-64 3 10-76 Rpld 10-77 2008- 04 1-24-08 2 5-83 5-85 2008- 06 2-28-08 2 Added 19-11 2008- 07 4-10-08 2 36-23 2008- 09 8-28-08 App. D 2008- 15 10-23-08 2 Rpld 14-37 14-52 3 Rpld 14-79 14-83 Added 14-79 14-83 2008- 16 10-23-08 2 14-30 2008- 17 11-13-08 2 2-4 2008- 18 11-13-08 2 5 2-159 2-162 2009- 01 1- 8-09 2 Added 14-31 2009- 02 1-22-09 2, 3 6-111, 6-112 4 6-114 6 6-115 2009- 03 1-22-09 2 9-17(a) ('Phe next page is 29331 Supp. No. 40 2891