Loading...
Code of Ordinances Supplement 68 SUPPLEMENT NO.68 May 2018 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.2018-03, adopted April 12,2018. See the Code Comparative Table for further information. Remove Old Pages Insert New Pages xi, xii xi, xii Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) SH:3 SH:3 15-19 15-18 65 65 138.3-138.10 138.3-138.10 2488.7, 2488.8 2488.7, 2488.8 2895, 2896 2895, 2896 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. unicode Municipal Code Corporation I P.O.Box 2235 Tallahassee, FL 32316 info@municode.com 1800.262.2633 www.municode.com TABLE OF CONTENTS Page Officials of the Village. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii Preface. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v Adopting Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii Readopting Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xJ Checklist of Up-to-Date Pages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [I] Supplement History Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SH:I PART I CHARTER Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Art. I. Corporate Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Art. I.A. Vision Statement . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Art. 11. Territorial Boundaries. . . . . . . . . . . . . . . . . . . . . . . 5 Art. 111. Legislative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.5 Art. IV. Administrative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Art. V. Qualifications and Elections. . . . . . . . . . . . . . . . . . 17 Art. VI. Transition Schedule . . . . . . . . . . . . . . . . . . . . . . . . 18 Charter Comparative Table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 PART CODE OF ORDINANCES Chapter 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 2. Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134.3 Art. 11. Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138.7 Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138.7 Div. 2. Rules of Procedure . . . . . . . . . . . . . . . . . . . . . . 138.8 Art. 111. Administrative Code . . . . . . . . . . . . . . . . . . . . . . . 138.9 Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138.9 Div. 2. Audit Committee . . . . . . . . . . . . . . . . . . . . . . . . 139 Div. 3. Department of Finance . . . . . . . . . . . . . . . . . . 140 Div. 4. Department of Records . . . . . . . . . . . . . . . . . . 141 Div. 5. Police Department. . . . . . . . . . . . . . . . . . . . . . . 142 Div. 6. Fire Rescue Department . . . . . . . . . . . . . . . . . 142.1 Div. 7. Department of Public Works . . . . . . . . . . . . . 142.1 Div. 8. Department of Library. . . . . . . . . . . . . . . . . . . 142.2 Div. 9. Department of Country Club. . . . . . . . . . . . . 143 Div. 10. Department of Recreation. . . . . . . . . . . . . . . 143 Div. 11. Department of Community Development. 143 Supp. No. 68 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. 11. Dogs and Cats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267 Art. 111. Rabies Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 5. Boats, Docks and Waterways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321 Art. 11. Boat Launching Area . . . . . . . . . . . . . . . . . . . . . . . 326 Art. 111. 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. 11. Minimum Construction Standards . . . . . . . . . . . 383 Art. 111. Appearance Code . . . . . . . . . . . . . . . . . . . . . . . . . . 386 Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386 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. 11. Filling Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455 8. Emergency Management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 507 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509 Art. 11. Civil Disorders and Disturbances . . . . . . . . . . . . 510 Supp. No. 68 xii 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 in 1 13, 14 25 V,vi OC 15, 16 68 v11,Vnl OC 17, 18 68 ix OC 65 68 X.1,X.11 1 77 OC X.111 1 79, 80 OC xi,x11 68 81, 82 58 xiii,xiv 67 83 58 xv,xvi 67 133, 134 62 SH:1, SH:2 63 134.1, 134.2 62 SH:3 68 134.3, 134.4 62 1 25 135, 136 60 3,4 25 137, 138 60 5, 6 25 138.1, 138.2 60 7, 8 25 138.3, 138.4 68 9, 10 29 138.5, 138.6 68 10.1, 10.2 53 138.7, 138.8 68 10.3, 10.4 53 138.9, 138.10 68 10.5, 10.6 53 139, 140 34 11, 12 61 141, 142 62 [1] Supp.No.68 NORTH PALM BEACH CODE Page No. Supp.No. Page No. Supp.No. 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 66 151, 152 65 383, 384 53 152.1, 152.2 65 385, 386 66 152.2.1 65 386.1 66 152.3, 152.4 47 387, 388 60 152.5, 152.6 60 389, 390 60 153, 154 61 391, 392 60 154.1 61 392.1, 392.2 60 155, 156 46 392.3, 392.4 60 157, 158 52 392.5 60 159, 160 61 393, 394 56 160.1, 160.2 61 395, 396 56 161, 162 46 397, 398 56 162.1, 162.2 46 398.1 56 163, 164 52 398.15, 398.16 40 164.1, 164.2 65 399,400 53 164.3 65 401 53 165, 166 48 453 OC 167, 168 48 455,456 22 169, 170 48 507 57 211 OC 509, 510 57 213,214 19 511, 512 57 263 59 559 36 265,266 59 561, 562 52 266.1 59 563 40 267,268 52 615 36 269 52 617, 618 67 319, 320 63 671 2 321, 322 63 673 24 323, 324 63 695 13 325, 326 63 697 52 326.1, 326.2 63 723 52 327, 328 27 725, 726 67 [2] Supp.No.68 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp.No. Page No. Supp.No. 727 67 1063, 1064 54 777 66 1065, 1066 54 779, 780 66 1067, 1068 61 781, 782 66 1069, 1070 61 783, 784 66 1121 OC 785, 786 66 1171 65 787, 788 66 1173, 1174 65 789, 790 66 1175, 1176 65 791, 792 66 1177, 1178 65 793, 794 66 1179, 1180 65 795, 796 66 1225 61 797, 798 66 1227, 1228 61 799 66 1229, 1230 63 839 OC 1231, 1232 63 889 39 1233, 1234 63 891, 892 61 1235 63 893, 894 52 1237, 1238 52 895 50 1239, 1240 52 945 67 1241, 1242 52 947, 948 67 1289 52 949, 950 67 1291, 1292 52 951, 952 67 1293, 1294 29 953, 954 67 1295 29 955, 956 67 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 [3] Supp.No.68 NORTH PALM BEACH CODE Page No. Supp.No. Page No. Supp.No. 1365, 1366 33 2043 OC 1366.1, 1366.2 52 2045,2046 62 1366.3, 1366.4 33 2046.1 62 1367 5 2047,2048 OC 1411 OC 2049,2050 OC 1463 OC 2051,2052 OC 1465, 1466 52 2053 OC 1517 64 2353 OC 1519, 1520 64 2355,2356 OC 1520.1, 1520.2 64 2357,2358 33 1520.3, 1520.4 64 2359,2360 33 1521, 1522 47 2361,2362 33 1523 47 2363,2364 33 1573 24 2364.1 33 1575, 1576 29 2365,2366 OC 1627 9 2367,2368 37 1629, 1630 27 2368.1 37 1631 27 2369,2370 OC 1681, 1682 66 2371,2372 OC 1683, 1684 33 2373,2374 33 1684.1, 1684.2 24 2375,2376 33 1685, 1686 OC 2377,2378 33 1687, 1688 17 2379 67 1689, 1690 66 2479,2480 67 1691, 1692 66 2481,2482 67 1693, 1694 66 2483,2484 67 1739 14 2485,2486 67 1741, 1742 21 2486.1 67 1781 65 2487,2488 62 1783, 1784 65 2488.1,2488.2 62 1785, 1786 65 2488.3,2488.4 62 1787, 1788 65 2488.5,2488.6 62 1789, 1790 65 2488.7,2488.8 68 1791, 1792 65 2488.9,2488.10 67 1793, 1794 65 2488.11 67 1795, 1796 65 2489,2490 59 1797, 1798 65 2491,2492 59 1799 65 2493,2494 59 [4] Supp.No.68 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp.No. Page No. Supp.No. 2495,2496 59 2510.45,2510.46 25,Add. 2497,2498 59 2510.47,2510.48 25,Add. 2499,2500 59 2510.49,2510.50 25,Add. 2501,2502 59 2510.51,2510.52 25,Add. 2503,2504 62 2510.53,2510.54 25,Add. 2504.1,2504.2 62 2510.55,2510.56 25,Add. 2504.2.1 62 2511,2512 57 2504.3,2504.4 59 2512.1,2512.2 67 2504.5,2504.6 59 2512.2.1,2512.2.2 67 2504.7,2504.8 59 2512.2.3 67 2505,2506 10 2512.3,2512.4 49 2507,2508 13 2512.5,2512.6 50 2509,2510 62 2512.7,2512.8 51 2510.1,2510.2 62 2512.9,2512.10 67 2510.2.1 62 2512.10.1 63 2510.3,2510.4 54 2512.11,2512.12 51 2510.5,2510.6 54 2512.13 51 2510.7,2510.8 54 2513,2514 OC 2510.9,2510.10 54 2515,2516 62 2510.11,2510.12 54 2517,2518 67 2510.12.1,2510.12.2 54 2519,2520 67 2510.12.3 54 2521,2522 67 2510.13,2510.14 25,Add. 2523,2524 67 2510.15,2510.16 25,Add. 2524.1 67 2510.17,2510.18 25,Add. 2525,2526 62 2510.19,2510.20 25,Add. 2527,2528 62 2510.21,2510.22 25,Add. 2529,2530 67 2510.23,2510.24 51 2531,2532 67 2510.25,2510.26 25,Add. 2533 67 2510.27,2510.28 25,Add. 2619 48 2510.29,2510.30 25,Add. 2819,2820 63 2510.31,2510.32 25,Add. 2869,2870 OC 2510.33,2510.34 25,Add. 2871 OC 2510.35,2510.36 51 2873 OC 2510.37,2510.38 25,Add. 2875,2876 OC 2510.39,2510.40 25,Add. 2877,2878 OC 2510.41,2510.42 25,Add. 2879,2880 OC 2510.43,2510.44 25,Add. 2881,2882 14 [5] Supp.No.68 NORTH PALM BEACH CODE Page No. Supp.No. 2883,2884 14 2885,2886 19 2887,2888 25,Add. 2889,2890 33 2891,2892 51 2893,2894 60 2895,2896 68 2933,2934 25 2935,2936 65 2937,2938 67 2939,2940 67 2941,2942 67 2943,2944 67 2945,2946 67 2947,2948 67 2949,2950 67 2951,2952 67 2953,2954 67 2955,2956 67 2957,2958 67 2959 67 2961,2962 67 2963,2964 67 [6] Supp.No.68 SUPPLEMENT HISTORY TABLE Date Included/ Ord, No, Adopted 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 2017-08 5-25-17 Omitted 66 2017-10 7-27-17 Omitted 66 2017-11 8-24-17 Included 66 2017-12 9-28-17 Omitted 66 2017-13 9-28-17 Included 66 2017-14 9-28-17 Omitted 66 2017-15 9-28-17 Omitted 66 2017-16 10-12-17 Omitted 67 2017-17 10-12-17 Omitted 67 2017-18 10-12-17 Included 67 2017-19 11- 9-17 Omitted 67 2017-20 11- 9-17 Omitted 67 2017-21 12-14-17 Included 67 2017-22 12-14-17 Included 67 2017-23 12-14-17 Included 67 2017-24 12-14-17 Included 67 2017-25 12-14-17 Omitted 67 2018-01 1-11-18 Included 68 2018-03 4-12-18 Omitted 68 Supp. No. 68 SH:3 CHARTER § 5 (Ord. No. 11-86, § 1, 9-11-86; Ord. No. 36-2002, Section 2. Appointment; removal; § 1, 12-12-02) compensation [of manager]. Editor's note—Ord. No. 36-2002,was passed by vote in an election held March 11, 2003. (a) Appointment. The council shall appoint a village manager for an indefinite term by a Section 12. Contracting of village services; majority vote of all the council members. referendum required. (b) Removal. The council may remove the No contract or interlocal agreement shall be manager by a majority vote of all the council entered into between the Village and a third- members and the manager shall hold office at party public or private entity whereby the third the pleasure of the council. party is to take over the management and perform the duties and responsibilities of either (c) Compensation. The compensation of the manager shall be fixed by the council. the Public Safety Police, Fire or Emergency Medical Services Divisions, the Public Services (Ord. No. 1-76, § 1, 2-19-76) Department Administration, Building or Sanita- tion Divisions, Finance Department, Recreation Section 3. Vacancy [in office of manager]. Department or Library unless the proposed During any vacancy in the office of village contract or interlocal agreement first receives a manager,the council may designate any competent four-fifths vote of the Village Council and the person, except the mayor or any member of the approval of two-thirds of the Village electors who council, to execute the functions of the office of vote in a referendum election called for and held village manager. as provided by law. This section is not intended (Ord. No. 1-76, § 1, 2-19-76) nor shall it be construed as a prohibition against the Village entering into contracts and interlocal Section 4. Acting village manager. agreements with public or private entities for services and assistance within one or more of the By letter filed with the council, the manager specified Village departments shall designate, subject to approval of the council, (Ord. No. 37-2002, § 1, 12-12-02 a qualified village administrative officer to exercise Editor's note—Ord. No. 37-2002,was passed by vote in the powers and perform the duties of manager an election held March 11, 2003. during his temporary absence or disability. During Editor's note—Ord. No. 2006-24, § 3, adopted Nov. 9, such absence or disability,the council may revoke 2006,provided the following:"The duties and responsibilities of the Public Services Department have been allocated to the such designation at any time and appoint another Public Works Department and the Community Development officer of the village to serve until the manager Department.Consequently,the reference to the Public Services shall return or his disability shall cease. Department Administration in§12 herein shall be construed (Ord. No. 1-76, § 1, 2-19-76) to include both the Public Works Department Administration and the Community Development Department Administra- tion,thereby retaining its existing meaning and avoiding the Section 5. Powers and duties of the village need for a referendum vote to amend the Charter to conform manager. to Ordinance No. 2006-23." The Village Manager shall: ARTICLE IV. ADMINISTRATIVE (a) Appoint, and when he deems it necessary for the good of the village, suspend or Section 1. Village manager. remove all village employees and appointive administrative officers There shall be a village manager who shall be provided for by or under this charter, the chief administrative officer of the village. except as otherwise provided by law, this The manager shall be responsible to the council charter or personnel rules adopted pursu- for the administration of all village affairs placed ant to this charter. He may authorize in his charge by or under this charter. any administrative officer who is subject (Ord. No. 1-76, § 1, 2-19-76) to his direction and supervision to exercise Supp. No. 68 15 § 5 NORTH PALM BEACH CODE these powers with respect to subordinates club and its related activities, in whole or in in that officer's department, office or part, separate from the office of the Village agency; Manager and to specify the authority,if any,that (b) Direct and supervise the administration the Village Manager shall have over employ- of all departments, offices and agencies ment,management,administration or other mat- of the village,except as otherwise provided ters in any way connected with the operation of by this charter or by law; any village owned or operated country club. (c) Attend all council meetings and shall (Ord. No. 1-76, § 1, 2-19-76) have the right to take part in discussion but may not vote; Section 7. Village clerk. (d) See that all laws,provisions of this charter and acts of the council, subject to enforce- ment by him or by officers subject to his responsible to the council for the proper direction and supervision, are faithfully administration of all affairs of the village coming executed; under the clerk's control as defined in Article IV, Section 10. (e) Prepare and submit the annual budget, (Ord. No. 38-2002, § 1, 12-12-02) budget message, and capital program to Editor's note—Ord. No. 38-2002, § 1, adopted Dec. 12, the council in a form provided by 2002, repealed Art. IV, § 7, in its entirety and enacted new ordinance; provisions to read as herein set out. Prior to amendment§7 (f) Submit to the council and make available pertained to similar subject matter and derived from Ord. No. 1-76, § 1, adopted Feb. 19, 1976. to the public a complete report on the Ord. No. 38-2002, was passed by vote in an election held finances and administrative activities of March 11, 2003. the village as of the end of each fiscal year; Section 8. Appointment; removal; (g) Make such other reports as the council compensation of village clerk. may require concerning the operations of village departments, offices and agen- (a) Appointment. The council shall appoint a cies, subject to his direction and supervi- village clerk for an indefinite term by a majority sion; vote of all the council members. (h) Keep the council fully advised as to the financial condition and future needs of (b) Removal. The council may remove the the village and make such recommenda- clerk by a majority vote of all the council members, tions to the council concerning the affairs and the clerk shall hold office at the pleasure of of the village as he deems desirable; the council. (i) Sign contracts on behalf of the village pursuant to the provisions of appropria- (c) Compensation. The compensation of the tions ordinances; clerk shall be fixed by the council. (Ord. No. 38-2002, § 2, 12-12-02) (j) Perform such other duties as are speci- Editor's note—Ord. No. 38-2002,was passed by vote in fied in this charter or may be required by an election held March 11, 2003. the council. (Ord. No. 1-76, § 1, 2-19-76) Section 9. Vacancy in the office of clerk. Section 6. Country club administrator. During any vacancy in the office of village The council shall have the power by ordinance clerk, the deputy village clerk shall assume the to provide for the management and/or administra- duties of the village clerk. If there is no deputy tion of any village owned or operated country village clerk, the council may designate any Supp. No. 68 16 CHARTER §4 competent person, except the mayor or any nonpartisan basis without regard for or designa- member of the council, to execute the functions tion of political party affiliation of any nominee of the office of village clerk. on any nomination petition or ballot. (Ord. No. 38-2002, § 3, 12-12-02) (Ord. No. 1-76, § 1, 2-19-76) Editor's note—Ord. No. 38-2002,was passed by vote in an election held March 11, 2003. Section 2. Qualifications. Section 10. Powers and duties of the vil- Candidates for the office of village councilman lage clerk. shall qualify for such office by the filing of a The powers and duties of the village clerk are written notice of candidacy with the designated and shall be: official at such time and in such manner as may (a) To attend all official meetings of the council be prescribed by ordinance. in person or by deputy and keep minutes of its (Ord. No. 1-76, § 1, 2-19-76) proceedings, which, after being approved, shall Section 3. Form of ballots. be engrossed in a well-bound book, or other permanent record, and signed by the village The council by ordinance shall prescribe the clerk. method for listing candidates for village council (b) To be the custodian of the Village Seal and elections and any other village election. A charter of all records and papers of a general or permanent amendment to be voted on by the village shall be character pertaining to the affairs of the presented for voting by ballot title. The ballot municipality. title of a measure may differ from its legal title and shall be a clear, concise statement describing (c) To attest all executory contracts made in the substance of the measure without argument behalf of the village as evidence of the authoriza- or prejudice. tion of such contracts by the council; and no (Ord. No. 1-76, § 1, 2-19-76; Ord. No. 39-2002, executory contracts made in behalf of the village § 1, 12-12-02) or to which the village is a party shall be valid Editor's note—Ord. No. 39-2002,was passed by vote in unless attested by the village clerk. an election held March 11, 2003. (d) To preserve, file and index all contracts to Section 4. General and runoff election. which the village is a party,which file and record shall be open to the inspection of all interested Whenever a general or special election is held persons at all reasonable times, in the clerk's to fill any elective office in the Village of North office. Palm Beach, the candidate receiving a majority (e) To furnish the council at any time such of the votes cast at such election to fill such office reports, data and information as may be neces- shall be declared to be duly elected; provided sary to fully inform the Council as to the affairs that in the event no candidate for a particular of the village, furnishing the Council regularly elective office shall receive a majority of the with such detailed reports of the village govern- votes cast at such election to fill such office, then ment as may be necessary a runoff election shall be held two weeks after (Ord. No. 38-2002, § 4, 12-12-02) the original election to elect a candidate to fill Editor's note—Ord. No. 38-2002,was passed by vote in such office; provided further that in such event an election held March 11, 2003. only the names of the two candidates having received the greatest number of votes in the election for such office shall be submitted to the ARTICLE V. QUALIFICATIONS AND voters and the one receiving the majority number ELECTIONS of votes in such runoff election shall be declared to be duly elected to such office;provided further Section 1. Nonpartisan elections. that should two or more candidates receive an All qualifications and elections for the office of equal number of votes to any such office, so that village councilman shall be conducted on a it cannot be determined which two had received Supp. No. 68 17 §4 NORTH PALM BEACH CODE the greatest and the next greatest number of Section 3. Rights of officers and employees. votes, then the names of all such candidates shall be submitted at the runoff election and the Nothing in this charter except as otherwise candidate receiving the greatest number of votes specifically provided shall affect or impair the rights or privileges of persons who are village at such election shall be declared elected to such office, regardless of whether such candidate officers or employees at the time of adoption. Elected officers shall continue to hold their received a majority of the votes cast to fill such office at such runoff election. offices and discharge the duties thereof until their successors are elected. (Ord. No. 1-76, § 1, 2-19-76) (Ord. No. 1-76, § 1, 2-19-76) Section 5. Unopposed candidates. Section 4. Pending matters. In the event not more than one (1) person All rights, claims, actions, orders, contracts qualified as a candidate for a designated seat on and legal or administrative proceedings involy- the village council to be filled at an election, that ing the village shall continue except as modified seat shall not be listed on the regular village pursuant to the provisions of this charter. election ballot. Each unopposed candidate shall (Ord. No. 1-76, § 1, 2-19-76) be deemed to have voted for himself. (Ord. No. 1-76, § 1, 2-19-76) Section 5. Miscellaneous provisions. In case any one or more of the sections or Section 6. Recall. provisions of this Charter or the application of The qualified voters of the village shall have such sections or provisions to any situation shall the power to recall and to remove from office any for any reason be held to be unconstitutional, elected official of the village as provided by such unconstitutionality shall not affect any general law. other sections or provisions of this Charter or the (Ord. No. 1-76, § 1, 2-19-76) application of such sections or provisions as to any other situation and it is intended that this Charter shall be construed and applied as if such ARTICLE VI. TRANSITION SCHEDULE unconstitutional section or provision had not been included herein. Section 1. Continuation of former charter (Ord. No. 1-76, § 1, 2-19-76) provisions. Section 6. Deletion of obsolete schedule All provisions of Chapter 31481, Laws of items. Florida,Extraordinary Session 1956, (the former The council shall have power, by resolution, to charter) as amended by special law or otherwise delete from this article VI any section, including which are not embraced herein and which are this one, when all events to which the section to not inconsistent with this charter shall become be deleted is or could become applicable have ordinances of the village subject to modification occurred. or repeal in the same manner as other ordinances (Ord. No. 1-76, § 1, 2-19-76) of the village. (Ord. No. 1-76, § 1, 2-19-76) Section 7. Gender Section 2. Ordinances preserved. Any word importing the masculine gender shall extend and be applied to females as well as All ordinances in effect upon the adoption of to males. this charter, to the extent not inconsistent with (Ord. No. 40-2002, § 1, 12-12-02) it,shall remain in force until repealed or changed Editor's note—Ord. No. 40-2002,was passed by vote in as provided herein. an election held March 11, 2003. (Ord. No. 1-76, § 1, 2-19-76) [The next page is 651 Supp. No. 68 18 CHARTER COMPARATIVE TABLE Chapter Disposition Number Section Article/Section 31481(1956) Art. I I/ 73-564 1 II/1 Ordinance Disposition Number Date Section Article/Section 29-80 10- 9-80 1 III/2 11-86 9-11-86 1 III/11 03-95 2- 9-95 II/1 24-96 7-11-96 II/1 33-96 8-22-96 II/1 20-99 5-27-99 1 II/1 16-2002 5-23-02 1 II/1 27-2002 9-26-02 1 II/1 31-2002 12-12-02 1 Added I.A. 33-2002 12-12-02 1 Added III/5(e) 34-2002 12-12-02 1 IIU9(a) 35-2002 12-12-02 1 /10 36-2002 12-12-02 1 III/11(a)—(c) Rpld IIU11(d)—(g) 37-2002 12-12-02 1 Added III/12 38-2002 12-12-02 1 Rpld IV/7 Added IV/7 2 Added IV/8 3 Added IV/9 4 Added IV/10 39-2002 12-12-02 1 V/3 40-2002 12-12-02 1 Added IV/7 03-2003 2-13-03 1 II/1 10-2004 7- 8-04 l(Exh. A) II/l 33-2004 12- 9-04 l(Exh. A) II/l 2006-24 11- 9-06 3 Added III/12(note) 2007-04 3- 8-07 2 II/1 2007-05 3- 8-07 2 II/1 2008-10 9-11-08 2(Exh. A) II/l 2010-05 3-11-10 2(Exh. A) II/l 2010-18 10-28-10 2(Exh. A) II/l 2015-06 4- 9-15 2 III/5(c) [The next page is 771 Supp. No. 68 65 ADMINISTRATION §2-4 Table insets: Operating Funds (Short-Term Portfolio Permitted Investments: Authorized Sector Sector Per Issuer Minimum Maturity Investments Maximum (%) Minimum (%) Maximum (%) Ratings Range Requirement Banks — Inter- 8.33% (1/12 of est-bearing checking or 100% annual Village 50% N/A N/A savings operating accounts budget) Non-Negotiable 91.67% (11/121h Certificate of of annual Vil- 0% 33.33% N/A 30 days Deposits lage operating budget) Florida Local Highest Fund Government Rating by all Surplus Fund 50% 0% N/A NRSROs who N/A Trust Funds rate the fund ("Florida (AAAm/Aaa-mf, Prime") or equivalent) Highest Fund Quality and Volatility Intergovern- Rating mental Pools 50% 0% N/A Categories by N/A (LGIPs) all NRSROs who rate the LGIP, (AAAm/ AAAf, SI, or equivalent Highest Fund Rating by all Money Market 50% 0% 33.33% NRSROs who N/A Funds (MMFs) rate the fund (AAAm/Aaa-mf, or equivalent) U.S. Treasury 50% 0% N/A N/A 30 days Highest ST Commercial Rating Paper 5% 0% N/A Category (A-1/ 30 Days P-1, or equivalent) Supp. No. 68 138.3 §2-4 NORTH PALM BEACH CODE Core Funds (Long-Term Portfolio) Permitted Investments: Sector Sector Maximum Per Issuer Minimum Ratings Maximum (%) Maximum (%) Requirement' Maturity U.S. Treasury 100% GNMA 40% 5.50 Years (5.50 Other Government 100% N/A Years avg. life for Go 10% GNMA) Guaranteed (e.g. AID, GTC) Federal Agency/ GSE: FNMA, 40%3 FHLMC, FHLB, FFCB* 75% N/A 5.50 Years Federal Agency/ GSE other than 10% those above Supranationals Highest ST or Two where U.S. is a Highest LT Rating shareholder and 25% 10% Categories (A-1/ 5.50 Years P-1, AA-/Aa3, or voting member equivalent) Highest ST or Three Highest LT Corporates 50%2 5% Rating Categories 5.50 Years (A-1/P-1, A-/A3 or equivalent) Highest ST or Three Highest LT Municipals 25% 5% Rating Categories 5.50 Years (SP-1/MIG 1, A-/A3, or equivalent) Agency Mortgage- Backed Securities 25% 40%3 N/A 5.50 Years Avg. (MBS) Life4 Highest ST or LT Asset-Backed Rating (A-1+/P-1, 5.50 Years Avg. Securities (ABS) 25% 5% AAA/Aaa, or Life4 equivalent) Non-Negotiable Certificate of None, if fully col- None, if fully col- Deposit or Savings 50% lateralized lateralized. 2 Years Accounts Commercial Paper 2 Highest ST Rating (CP) 50% 5% Category (A-1/P-1, 270 Days or equivalent) Supp. No. 68 138.4 ADMINISTRATION §2-4 Sector Sector Maximum Per Issuer Minimum Ratings Maximum (%) Maximum (%) Requirement 1 Maturity Highest Fund Rating by all Money Market 50% 25% NRSROs who rate N/A Funds (MMFs) the fund (AAAm/ Aaa-mf, or equivalent) Highest Fund Quality and Volatility Rating Intergovernmental 50% 25% Categories by all N/A Pools (LGIPs) NRSROs who rate the LGIP, (AAAm/ AAAf, S1, or equivalent) Florida Local Highest Fund Government Rating by all Surplus Funds 25% N/A NRSROs who rate N/A Trust Funds the fund (AAAm/ ("Florida Prime") Aaa-mf, or equivalent) Notes: 1 Rating by at least one (1) SEC-registered Nationally Recognized Statistical Rating Organization ("NRSRO"), unless otherwise noted. ST=Short-term; LT=Long-term. 2 Maximum allocation to all corporate and bank credit instruments is fifty (50) percent combined. 3 Maximum exposure to any one (1) Federal agency, including the combined holdings of Agency debt and Agency MBS, is forty (40) percent. 4 The maturity limit for MBS and ABS is based on the expected average life at time of settlement, measured using Bloomberg or other industry standard methods. * Federal National Mortgage Association (FNMA); Federal Home Loan Mortgage Corporation (FHLMC); Federal Home Loan Bank or its District banks (FHLB); Federal Farm Credit Bank (FFCB). 0) Risk and diversification. Assets held shall creditworthiness. Authorized staff shall only be diversified to control the risk of loss resulting purchase securities from financial institutions, from the over-concentration of assets in a specific which are qualified as public depositories by the maturity, issuer, instrument, dealer, or bank Treasurer, or Chief Financial Officer of the State through which these instruments are bought of Florida, "Primary Dealers" as designated by and sold. Diversification strategies shall be the Federal Reserve Bank of New York, or from reviewed and revised periodically as deemed direct issuers of commercial paper. necessary by the chief financial officer. The village's investment advisor shall utilize (k) Authorized investment institutions and and maintain its own list of approved primary dealers. A list will be maintained of financial and non-primary dealers. institutions authorized to provide investment (1) Third-party custodial agreements.All securi- services. In addition,a list also will be maintained ties purchased by the village shall be properly of approved security brokers/dealers selected by designated as an asset of the village and shall be Supp. No. 68 138.5 §2-4 NORTH PALM BEACH CODE held in an account separate and apart from the (o) Internal controls. assets of the financial institution. A third party (1) The chief financial officer shall establish custodian is defined as any bank depository and maintain a written system of internal chartered by the Federal Government, the State controls made a part of the village's of Florida, or any other state or territory of the operational procedures. The internal United States which has a branch or principal controls shall be designed to prevent place of business in the State of Florida as losses of funds, which might arise from defined in Section 658.12,Florida Statutes, or by fraud, employee error, misrepresentation a national association organized and existing by third parties, or imprudent actions by under the laws of the United States which is employees of the village. No person shall authorized to accept and execute trusts and engage in an investment transaction which is doing business in the State of Florida. except as authorized in this policy. Certificates of deposits will be placed in the provider's safekeeping department for the term (2) Independent auditors, as a normal part of the deposit. The third-party custodian will be of the annual financial audit to the vil- required to designate all securities held as assets lage, shall conduct a review of the system of the village. No withdrawal of securities, in of internal controls to ensure compliance whole or in part,shall be made from safekeeping, with policies and procedures as may be except by the chief financial officer, or his/her required by the village. respective designees. Securities transactions (p) Continuing education. The chief financial between a broker-dealer and the custodian involv- officer shall complete eight (8) hours of continu- ing purchase or sale of securities by transfer of ing education annually in subjects or courses money or securities must be made on a "delivery related to investment practices and products. vs. payment" basis, if applicable, to ensure that the custodian will have the security or money, as (q) Reporting. The chief financial officer or his appropriate, in hand at the conclusion of the or her respective designee shall prepare a transaction. Securities held as collateral shall be quarterly investment report,which shall include held free and clear of any liens. securities in the portfolio by class and type, acquisition cost, income earned, yield, maturity (m) Master repurchase agreement.All approved date and market value as of the report date. The institutions and dealers transacting repurchase report will be provided to the legislative and agreements shall execute and perform as stated governing body of the village and shall be avail- in the Securities Industry and Financial Markets able to the public. Association (SIFMA) master repurchase agree- ment. All repurchase agreement transactions (r) Securities; disposition. Every security shall adhere to the requirements of the SIFMA purchased on behalf of the Village must be master repurchase agreement. properly earmarked and: (n) Bid requirement. An appropriate maturity (1) If registered with the issuer or agents, date will be determined for each investment must be immediately placed for safekeep- based on cash-flow needs and market conditions. ing in a location that protects the vil- Based on these considerations,the chief financial lage's interest in the security; officer will analyze and select one (1) or more (2) If in book entry form, must be held for optimal types of investments, and a minimum of the credit of the governing body by a three (3) reputable, qualified and financially depository chartered by the federal govern- sound banks and/or dealers must be contacted ment, the state, or any other state or and asked to provide bids on the securities in territory of the United States which has question when feasible and appropriate. Except a branch or principal place of business in as otherwise required by law, the bid deemed to the state as defined in Florida Statutes best meet the investment objectives specified in section 658.12, or by national association subsection (c) must be selected. organized and existing under the laws of Supp. No. 68 138.6 ADMINISTRATION §2-17 the United States which is authorized to Authorized signatories are the chief financial accept and exercise trusts and which is officer,the village manager and the village mayor. doing business in the state, and must be These individuals are also authorized to initiate kept in the depository in an account wire transfers for the village. All investment separate and apart from the assets of the transactions require approval by two (2) of the financial institution, or depository signatories. (3) If physically issued to the holder but not (v) The chief financial officer shall review the registered with the issuer or its agents, investment policy annually and, if necessary, must be immediately placed for safekeep- present modifications to the village council for ing in a secured vault. approval. (Ord. No. 31-95, § 1, 10-26-96;Ord. No. 15-2001, (s) Sale of securities. When invested funds are §§ 1, 2, 6-28-01; Ord. No. 2008-17, § 2, 11-13-08; needed in whole or in part for the purposes Ord. No. 2012-04, § 2, 5-10-2012; Ord. No. originally intended or for more optimal invest- 2013-07, § 2, 4-11-13; Ord. No. 2014-14, § 2, ments, the chief financial officer may sell such 12-11-14; Ord. No. 2018-01, § 2, 1-11-18) investments at the then-prevailing market price Editor's note—Ord. No. 31-95, adopted Oct. 26, 1996, and place the proceeds into the proper account or has been codified herein at the discretion of the editor as fund. §2-4. (t) Policy considerations. Secs. 2-5-2-15. Reserved. (1) Exemptions. Any investment held prior to the adoption of this policy that does ARTICLE II. COUNCIL* not meet the guidelines of this policy shall be exempted from the requirements of this policy. At maturity or liquidation, DIVISION 1. GENERALLY such monies shall be reinvested only as provided by this policy. Sec. 2-16. Compensation. (2) Amendments. This policy shall be reviewed The compensation of all members elected to on an annual basis by the village council the village council other than the mayor is at the "setting of council goals and objet- hereby fixed at the sum of seven hundred fifty tives" session of the annual budget. The dollars ($750.00) per month. The compensation village council must approve any changes. of the mayor is hereby fixed at the sum of nine (u) Delegation of authority. The finance direc- hundred dollars ($900.00) per month. for is the chief financial officer of the village and (Code 1970, § 2-7; Ord. No. 20-78, § 3, 8-10-78; is responsible for investment decisions and activi- Ord. No. 2-88, § 1, 1-14-88; Ord. No. 16-97, § 1, ties. No person may engage in an investment 3-13-97; Ord. No. 29-99, § 1, 8-26-99; Ord. No.transaction except as provided under the terms 2006-17, § 1, 9-14-06)Charter reference—Compensation,Art. III, §4. of this policy and the procedures established hereunder. Sec. 2-17. Regular meetings—When held. Nothing set forth herein shall preclude the vil- lage from utilizing an investment advisor to The regular meetings of the village council assist in managing the village's portfolio. Such shall held on the second and fourth Thursdays investment advisor must be registered under the of eachh month. Investment Advisor's Act of 1940. The invest- ment advisor may invest funds on behalf of the Charter reference—Meetings procedure,Art. III,§9(a). village in accordance with the mandates of this *Charter reference—Legislative provisions generally, investment policy. Art. III. Supp. No. 68 138.7 §2-18 NORTH PALM BEACH CODE Sec. 2-18. Same—Presiding officer. (2) Invocation; (a) The mayor shall preside at all meetings, if present, and in his absence, the vice-mayor. In (3) Pledge of allegiance; the absence of both the mayor and vice-mayor, the president pro tem shall preside. (4) Awards and recognition; (b) The presiding officer shall preserve order (5) Approval of minutes; and decorum. He shall appoint all committees unless the council shall otherwise direct. (6) Council business matters: (c) Terms of mayor. No person may serve more than one-year term as mayor of the village. a. Statements from the public, peti- A person who served as mayor of the village for tions and communications; one (1) term shall not serve as mayor during the following council year,but beginning one (1)year b. Declaration of ex parte communica- after termination of his one-year term as mayor tions; of the village, he may again serve as mayor for a C. Public hearings and quasi-judicial period not to exceed one (1) year. matters; (Code 1970, § 2-9; Ord. No. 218-70, § 1; Ord. No. 8-82, § 1, 4-22-82) d. Consent agenda; Sec. 2-19. Adjournment of all meetings. e. Other village business matters; All regular meetings, special meetings and workshop meetings for the village council shall f. Council and administration mat- be adjourned on or before 11:00 p.m. on the date ters; when the meeting convened. In the event there 1. Mayor and council matters/ is pending business on the floor at 11:00 p.m. reports; during one (1) of the meetings, the chair shall at that time entertain a motion that the meeting be 2. Village manager matters/ reconvened at a time and date certain, but upon reports; failure of the council to agree upon such motion, the meeting shall be adjourned and the business (7) Reports(special committees and advisory pending at the time of adjournment shall be the boards); first item on the agenda of the next meeting of the village council pertaining thereto. (8) Adjournment. (Ord. No. 24-79, § 1, 11-8-79) (Code 1970, § 2-17; Ord. No. 6-74, § 1; Ord. No. 22-96, § 1, 6-13-96; Ord. No. 14-98, § 1, 6-25-98; Secs. 2-20-2-25. Reserved. Ord. No. 03-2005, § 1, 2-10-05) DIVISION 2. RULES OF PROCEDURE* Sec. 2-27. Parliamentary rules. Sec. 2-26. Order of business. The presiding officer, when the council is in The following order shall be observed in the session, shall enforce parliamentary rules for its transaction of business, but such order may be government so far as they are applicable to such varied by unanimous consent of the councilmen legislative body. present: (Code 1970, § 2-19) (1) Roll call; *Charter reference—Authority to determine rules of procedure,Art. III, §9(b). Secs. 2-28-2-38. Reserved. Supp. No. 68 138.8 ADMINISTRATION §2-41 ARTICLE III. ADMINISTRATIVE CODE discharge of his or her duties, which oath shall be subscribed by the person taking it and shall DIVISION 1. GENERALLY be filed and preserved in the office of the village clerk: Sec. 2-39. Definition. (1) Officers. The village manager and each As used in this article, unless the context department head. otherwise requires: (2) Law enforcement officers. Every member Chief administrator or administrator is the of the police department (including any village manager. private, special, temporary or substitute (Code 1970, § 2-31) law enforcement officer which the village might find it necessary to appoint). Sec. 2-40. Departmental organization. (b) Form of oath for the chief administrator (a) The administrative service of the village and officers. The following shall be the form of shall be divided under the administrator into the oath for the chief administrator and officers: following departments and heads thereof: State of Florida ) (1) Department of finance,director of finance. County of Palm Beach ) ss. (2) Department of law enforcement (police Village of North Palm ) department), chief of police. Beach (3) Department of fire rescue, fire chief. I, do solemnly (4) Department of public works, director of swear that I will support the Constitution of the United States, the Constitution of the public works. State of Florida, and the Charter and Code of (5) Department of community development, the Village of North Palm Beach; that I will director of community development. faithfully, honestly and impartially discharge (6) Department of recreation, director of my duties as during my continuance therein;that I am not directly recreation. or indirectly pecuniarily interested in any (7) Department of library, librarian. public service corporation engaged in business (b) In addition,there shall be a department of in the Village of North Palm Beach, or in or records headed by the village clerk under the with any person or corporation having contracts village council, which department shall be with said Village, so help me God. coordinated into the administrative service and cooperate with the administrator so as to coordinate the entire administrative service of Subscribed and sworn to before me this the village. day of , 19 (Code 1970, § 2-32; Ord. No. 1-75, § 4, 4-10-75; Ord. No. 44-97, § 1, 10-9-97; Ord. No. 30-2001, (c) Form of oath for members of police depart- 2, 10-11-01; Ord. No. 2006-24, § 2.A, 11-9-06; went. The following shall be the form of oath for Ord. No. 2011-21, § 3, 11-10-11) the members of the police department: Cross references—Country club, Ch. 9;library, Ch. 16; parks, playgrounds and recreation, Ch. 20; police, Ch. 23; State Of Florida ) streets, sidewalks and public places, Ch. 24. County of Palm Beach ) ss. Village of North Palm ) Sec. 2-41. Oaths of office. Beach (a) Each of the following officers and employees I, do solemnly in the administrative service shall be required to swear that I will support the Constitution of take an oath of office before entering upon the the United States, the Constitution of the Supp. No. 68 138.9 §2-41 NORTH PALM BEACH CODE State of Florida and the Charter and Code of (b) Department heads. The heads of depart- the Village of North Palm Beach; and that I ments shall: will,to the best of my ability,faithfully perform the duties of the officer of Law Enforcement (1) Responsibility to village manager. The Officer during my continuance therein, so heads of departments, including the country club administrator, shall be help me God. immediately responsible to the village manager for the effective administration of their Subscribed and sworn to before me this day of , 20 Notary Public (Code 1970, § 2-33; Ord. No. 2011-21, § 3, 11-10-11) Sec. 2-42. Bonds required of certain officers. The following named village officials shall each, before entering upon the duties of their respective offices, give a good and sufficient surety company bond to the village,duly approved by the village attorney, and conditioned upon the faithful performance and discharge of their respec- tive duties, and for the proper application and payment of all money or property coming into their hands by virtue of their offices in the following amounts: (1) Village manager, two hundred thousand dollars ($200,000.00). (2) Finance director, two hundred thousand dollars ($200,000.00). (3) Village clerk, ten thousand dollars ($10,000.00). (4) Village tax collector, two hundred thousand dollars ($200,000.00). (5) Country club manager or country club administrator,two hundred thousand dol- lars ($200,000.00). (Code 1970, § 2-34; Ord. No. 23-96, § 1, 6-13-96; Ord. No. 30-2001, § 3, 10-11-01) Sec. 2-43. Policy and procedures. (a) Officers. Each officer shall perform all duties required of his office by state law, the charter, the Code of the village, and such other duties not in conflict therewith as may be required by the village manager. Supp. No. 68 138.10 APPENDIX C—ZONING §45-25 (4) The applicant must to the fullest extent emergency generator. Existing automotive service practicable, demonstrate to the village stations shall be required to install permanent that the antenna tower and accessory emergency generators whenever such service equipment buildings will be screened station is rebuilt after being destroyed to an from view by architectural features, extent of more than fifty (50) percent of its landscaping, existing natural vegetation, assessed value or whenever a revised site plan or will be aesthetically designed to blend for such service station is submitted for approval into and harmonize with the area or which enlarges upon or alters in any way the location surrounding the antenna or original site plan for that service station. All antenna tower site in accordance with others shall have a transfer installed within two the village of North Palm Beach Appear- (2) years of the passage of this section, to allow ante Plan. for a portable generator to be easily connected to (5) Antenna or antenna towers shall not be the service station. For the purposes of this artificially lighted except as required for section, an automotive service station means any public safety purposes, or by the Federal commercial establishment engaged in the retail Aviation Administration (FAA). Signage sale of gasoline. shall not be allowed except as required (Ord. No. 2006-22, § 2, 9-14-06) for public safety purposes, or by the Federal Communications Commission Sec. 45-24. Group living facilities. (FCC). All community residences providing personal (6) To the extent not in conflict with the care, community residential homes, and assisted provisions described above, any proposed living facilities shall be required to obtain a antenna or tower or accessory equipment business tax receipt from the village in accordance building will be subject to all applicable with the provisions of chapter 17 of this Code village codes and regulations. and are subject to the annual fire safety inspec- (Ord. No. 12-97, § 1, 2-27-97; Ord. No. 2015-11, tion set forth in section 12-17 of this Code. § 3, 6-25-15) (Ord. No. 2017-22, § 2, 12-14-17) Editor's note—Section 45-21,relative to oceanfront land in the R-1 district,has been repealed by Ord. No. 4-82, § 1, Sec. 45-25. Reasonable accommodation enacted Jan. 28, 1982. The former section did not bear a history note. Subsequently,Ord. No. 12-97,§ 1,adopted Feb. procedure. 27, 1997 added new provisions pertaining to telecommunica- tions antenna and antenna towers as herein set out. (a) Purpose and general provisions. Sec. 45-22. Oceanfront land—Ocean (1) This procedure addresses requests for reasonable accommodation to the Vil- setback. lage's zoning or land development There shall be a building setback line of not ordinances,rules,policies,and procedures less than fifty(50)feet from the dune line, or one for persons with disabilities and facili- hundred (100) feet from the highwater line, ties serving them as provided by the whichever distance is greater, for all property Federal Fair Housing Amendments Act bordering on the Atlantic Ocean. The measure- (42 U.S.C. 3601 et seq.) ("FHA"), Title 11 ment of the setback from the dune line and the of the Americans with Disabilities Act highwater line shall be to the closest edge of any (42 U.S.C. Section 12131 et seq.)("ADA"), building to be constructed on the Atlantic and other applicable state and federal oceanfront. regulations. (Ord. No. 23-72, § 1) (2) The following general provisions shall be Sec. 45-23. Emergency generators required applicable: for automotive service stations. a. The Village shall display a notice in All newly constructed automotive service sta- the Village's public notice bulletin tions shall have a permanently installed board (and shall maintain copies Supp. No. 68 2488.7 §45-25 NORTH PALM BEACH CODE available for review in the Village ing community residence so that Clerk's Office) advising the public the proposed community residence that disabled individuals and qualify- neither lessens nor interferes with ing entities may request reasonable the normalization and community accommodation as provided herein. integration of the residents of exist- b. A disabled individual or qualifying ing community residences and does entity may apply for a reasonable not, taking into account existing accommodation on his/her or its own community residences,contribute to behalf or may be represented at all the creation or intensification of a stages of the reasonable accommoda- de facto social service district. tion process by a person designated b. The community residence operates in writing by the disabled individual as the functional equivalent of a or qualifying entity. family that fosters normalization C. The Village shall provide assistance and community integration of its and accommodation as is required residents. pursuant to the FHA and ADA in C. The community residence operates connection with a disabled person's in a manner consistent with state request for reasonable accommoda- licensing or certification standards tion, including, without limitation, for recovery residences and affords assistance with reading application the individuals with disabilities questions, responding to questions, residing therein sufficient protec- and completing the necessary forms tion from abuse, exploitation,fraud, to ensure the process is accessible. theft, insufficient support, use of (b) Definitions. For purposes of this chapter, a illegal drugs or alcohol, and misuse "disabled" individual or person is an individual of prescription medications. that qualifies as disabled and/or handicapped under the FHA, ADA or other state and federal (3) The Community Development Director, regulation. Any person who is disabled ora or his/her designee,shall have the author- qualifying entity serving disabled persons may ity to consider and make a recommenda- request areasonable accommodation with respect tion to the Village Council on requests Com- to the Village's land use or zoning laws, rules, for reasonable accommodation. The Com- policies, practices and/or procedures as provided munity Development Director, or his/her by the FHA, ADA and other state and local designee, shall issue a written recom- regulations pursuant to the procedures set out mendation within forty-five(45)calendar herein. days of the date of receipt of a completed application and may recommend: (c) Procedure. (1) A request by an applicant for reasonable a. Granting the accommodation request; accommodation shall be made in writing by completion of a reasonable accommoda- b. Granting a portion of the request tion request form. The form shall be and denying a portion of the request, maintained by, and shall be submitted to, and/or imposing conditions upon the the Community Development Depart- ment. C. Denying the request. (2) All applications for a community residence If reasonably necessary to reach a recom- not licensed or certified by any state mendation on the request for reasonable agency shall demonstrate that it meets accommodation,the Community Develop- each of the following: ment Director, or his/her designee, may, a. The community residence is located prior to the end of said 45-day period, a sufficient distance from any exist- request additional information from the Supp. No. 68 2488.8 CODE COMPARATIVE TABLE 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 IIA.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. IL Divs. 1,2, §§24-16-26- 20,26-28, 26-29 Added Ch. 24,Art. IL §§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 2017-11 8-24-17 2 Rpld Ch. 12,Arts. I—III, §§ 12.5-1-12.5-11, 12.5-21-12.5-24, 12.5-41-12.5-45 Added Ch. 12.5,Arts. I—III, §§ 12.5-1- 12.5-8, 12.5-21, 12.5- 31-12.5-37 3 Added 6-21 2017-13 9-28-17 2 Added Ch. 27,Art. IV, §§27-71-27-84 2017-18 10-12-17 2 10-5 2017-21 12-14-17 2 45-2 3 45-38B., C.,D.24 Supp. No. 68 2895 NORTH PALM BEACH CODE Adoption Section Ord. No. Date Section this Code Added 45-34 2017-22 12-14-17 2 45-2 Added 45-24,45-25 2017-23 12-14-17 2 Added 45-36D-3. 2017-24 12-14-17 2 12-16(a), (b) 3 Rpld 15-1, 15-2 Added 15-1-15-6 Added 15-21-15-27 2018-01 1-11-18 2 2-4(i) [The next page is 2933] Supp. No. 68 2896