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Pages Replaced by Supplement #68TABLE OF CONTENTS Page Officials of the Village ....................................... 111 Preface..................................................... v Adopting Ordinance ......................................... vii Readopting Ordinance ....................................... xJ Checklist of Up -to -Date Pages ............................... [1] Supplement History Table ................................... SH:1 PART I CHARTER Charter.................................................... 1 Art. I. Corporate Name ............................. 3 Art. I.A. Vision Statement .......................... 3 Art. II. Territorial Boundaries ....................... 5 Art. III. Legislative ................................. 10.5 Art. IV. Administrative ............................. 15 Art. V. Qualifications and Elections .................. 17 Art. VI. Transition Schedule ........................ 18 Charter Comparative Table .................................. 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions ...................................... 77 2. Administration .......................................... 133 Art. I. In General .................................. 134.3 Art. II. Council .................................... 138.7 Div. 1. Generally ............................... 138.7 Div. 2. Rules of Procedure ...................... 138.8 Art. III. Administrative Code ....................... 138.8 Div. 1. Generally ............................... 138.8 Div. 2. Audit Committee ........................ 139 Div. 3. Department of Finance .................. 140 Div. 4. Department of Records .................. 141 Div. 5. Police Department ....................... 142 Div. 6. Fire Rescue Department ................. 142.1 Div. 7. Department of Public Works ............. 142.1 Div. 8. Department of Library ................... 142.2 Div. 9. Department of Country Club ............. 143 Div. 10. Department of Recreation ............... 143 Div. 11. Department of Community Development. 143 Supp. No. 67 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 Art. IV. Abatement of Unsafe or Unsanitary Buildings 388 General Employees ...................... 145 Div. 4. Pension and Certain Other Benefits for Art. VII. Reserved .................................. 401 Fire and Police Employees ............... 152.3 Div. 5. Length of Service Award Plan for Volunteer Art. II. Filling Permit .............................. 455 Firefighters ............................. 164 Div. 6. ICMA Defined Contribution Pension Plan. 164.1 Art. VI. Code Enforcement .......................... 164.2 Art. VII. Alternate Method of Code Enforcement ..... 169 3. Alcoholic Beverages ..................................... 211 4. Animals and Fowl ....................................... 263 Art. I. In General .................................. 265 Art. II. Dogs and Cats .............................. 267 Art. III. Rabies Control ............................. 269 5. Boats, Docks and Waterways ............................. 319 Art. I. In General .................................. 321 Art. II. Boat Launching Area ....................... 326 Art. III. Construction Requirements ................. 326.1 Div. 1. Generally ............................... 326.1 Div. 2. Canals .................................. 326.1 Div. 3. Bulkheads and Seawalls ................. 327 Div. 4. Docks and Piers ......................... 328 Div. 5. Erosion Control Structures ............... 333 Art. IV. Marine Sanctuaries ......................... 333 Art. V. Waterways Board ........................... 334 6. Buildings and Building Regulations ...................... 381 Art. I. In General .................................. 383 Art. II. Minimum Construction Standards ........... 383 Art. III. Appearance Code .......................... 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. II. Filling Permit .............................. 455 8. Emergency Management ................................. 507 Art. I. In General .................................. 509 Art. II. Civil Disorders and Disturbances ............ 510 Supp. No. 67 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 iii 1 13,14 25 V, vi OC 15,16 33 vii, viii OC 16.1 33 ix OC 17,18 25 x.i, x.ii 1 19 25 x.iii 1 65 61 xi, xii 67 77 OC xiii, xiv 67 79,80 OC xv, xvi 67 81,82 58 SH: 1, SH:2 63 83 58 SH:3 67 133, 134 62 1 25 134.1, 134.2 62 3,4 25 134.3, 134.4 62 5,6 25 135, 136 60 7,8 25 137, 138 60 9, 10 29 138.1, 138.2 60 10.1, 10.2 53 138.3, 138.4 60 10.3, 10.4 53 138.5, 138.6 60 10.5, 10.6 53 138.7, 138.8 60 11,12 61 138.9, 138.10 60 [1] Supp. No. 67 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 139,140 34 326.1, 326.2 63 141,142 62 327,328 27 142.1, 142.2 62 329,330 58 143,144 52 331,332 58 144.1 52 332.1 58 145,146 47 333,334 45 147,148 47 335 45 149,150 47 381,382 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 [2] Supp. No. 67 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 723 52 1060.5 43 725,726 67 1061, 1062 8 727 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 [3] Supp. No. 67 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 1363, 1364 52 1797, 1798 65 1364.1 52 1799 65 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 67 1791, 1792 65 2488.9, 2488.10 67 1793, 1794 65 2488.11 67 1795, 1796 65 2489, 2490 59 [4] Supp. No. 67 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 2491, 2492 59 2510.41, 2510.42 25, Add. 2493, 2494 59 2510.43, 2510.44 25, Add. 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 [5] Supp. No. 67 NORTH PALM BEACH CODE Page No. Supp. No. 2879, 2880 OC 2881, 2882 14 2883, 2884 14 2885, 2886 19 2887, 2888 25, Add. 2889, 2890 33 2891, 2892 51 2893, 2894 60 2895, 2896 67 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. 67 SUPPLEMENT HISTORY TABLE Ord. No. Date Adopted Included/ Omitted Supp. No 2015-15 9-24-15 Omitted 63 2015-16 9-24-15 Omitted 63 2015-17 1-14-16 Omitted 63 2015-18 9-24-15 Omitted 63 2015-19 11-12-15 Included 63 2015-20 11-12-15 Included 63 2015-21 12-10-15 Omitted 63 2015-22 12-10-15 Included 63 2016-02 1-14-16 Omitted 63 2016-03 1-14-16 Omitted 63 2016-01 4-28-16 Omitted 64 2016-04 1-28-16 Omitted 64 2016-05 3-24-16 Omitted 64 2016-06 5-12-16 Included 64 2016-25(Res.) 5-12-16 Omitted 64 2016-07 9- 8-16 Included 65 2016-08 9-22-16 Omitted 65 2016-09 9-22-16 Omitted 65 2016-10 11-10-16 Omitted 65 2016-11 12- 8-16 Omitted 65 2017-01 1-12-17 Omitted 65 2017-02 1-12-17 Included 65 2017-03 1-26-17 Included 65 2017-04 2- 9-17 Omitted 65 2017-05 2- 9-17 Omitted 65 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 Supp. No. 67 SH:3 CHARTER (d) This section shall not apply to any struc- tures on or upon Village owned real property that exist as of the date of adoption of this Charter Amendment; no [nor] shall this section apply to the repair or reconstruction of any such existing structures; except that this section shall apply to such structures in the event that said existing structures shall be abandoned or officially deter- mined to be of no further use to the Village. (e) This section shall not apply to any disposi- tion_of Village owned real property, any improve- ment of same by way of placing structures thereon, or any lease of said real property by the Village 'if the same is required by State or Federal law, or if required by mandate of any agency or subdivision or the State or Federal Government with jurisdic- tion over the Village. (f) This section shall not apply to the construc- tion of public utility structures, not- the placement of underground utility structures including, but; not limited to, water mains, sewer lines, storm water drainage and other utilities. (g) This section shall not apply to the construc- tion of structures deemed necessary by the Vil- lage f'or public recreational purposes on Village owned real property on which public recreational structures exist as of the date of adoption of this Charter Amendment. (Ord. No. 1.1-86, § 1, 9-1.1-86; Ord. No. 36-2002, § 1, 12-12-02) Editor's note—Ord. No. 36-2002, was passed by vote in an election held March .11, 2003. Section 12. Contracting of village services; referendum required. No contract or interlocal agreement shall be entered into between the Village and a third - party public or private entity whereby the third party is to take over the management and per- form the duties and responsibilities of either the Public Safety Police, Fire or Emergency Medical. Services Divisions, the Public Services Depart- ment Administration, Building or Sanitation. Di- visions, Finance Department, Recreation Depart- ment or Library unless the proposed contract or interlocal agreement first receives a four-fifths vote of the Village Council and the approval of two-thirds of the Village electors who vote in a Supp. No. 33 15 §3 referendum election called for and held as pro- vided by law. This section is not intended nor shall it be construed as a prohibition against the Village entering into contracts and interlocal agree- ments with public or private entities for services and assistance within one or more of the specified Village departments (Ord. No. 37-2002, § 1, 12-12-02 Editor's note—Ord. No. 37-2002, was txassed by vote in an election held Mai -ell 1.1, 2003. Editor's note—Ord. No. 2006-24, § 3, adopted Nov. 9, 2006, provided the following: "The duties and responsibilities of the Public Services Department have been allocated to the Public Works Department and t:he Community Development Department. Con equently, the reference to the Public Ser- vices Departnnent Administration in § 1.2 herein shall be construed to include both the Public. Works Department Ad- ministration and the Community Development Department Administration, thereby retaining its existing meaning and avoiding the need for a referendum vote to amend th.e Charter to conform to Ordinance No. 2006-23." ARTICLE IVV, ADMINISTRATIVE Section 1. Village manager. There shall be a village manager who shall be the chief administrative officer of the village. The manager shall be resporisible to the council for the administration of all village affairs placed in his charge by or under this charter. (Ord. No. 1-76, § 1, 2 -19 -76) - Section 2. Appointment; removal; compen- sation [of manager]. (a) Appointment. The council shall appoint a village manager for an. indefinite term by a ma- jority vote of all the council. members. (b) Removal. The council may remove the man- ager by a majority vote of all the council members and the manager shall hold office at the pleasure of the council. (c) Compensation. The compensation of the manager shall be fixed by the council. (Ord. No. 1-76, § 1, 2-19-76) Section 3. Vacancy [in office of manager]. During any vacancy in the office of village manager, the council may designate any compe- 3 NOFMI PALM BEACH CODE tent person, except the mayor or any member of (e) Prepare and submit the annual budget, the council, to execute the functions of the office of budget message, and capital program to village manager. the council in. a form provided. by ordi- (Ord.. No. 1-76, § 1, 2-1.9-76) nan.ce; Section 4. Acting village manager. By letter filed with the council, the manager shall designate, subject to approval of the council, a qualified village administrative officer to exer- cise the powers and perform the duties ofman- ager during his temporary absence or disability. During such absence or disability, the council may revoke such designation at any time and appoint another officer of the village to serve until the manager shall return or his disability shall cease. (Ord. No. 1-76, § 1, 2-19-76) Section 5. Powers and duties of the village manager. The Village Manager shall: (a) (b) (c) (d) Appoint, and when lie deems it necessary for the good of the village, suspend or remove all village employees and appoint- ive administrative officers provided for by or under this charter, except as otherwise provided by law, this charter or personnel rules adopted pursuant to this charter. He may authorize any administrative officer who is subject to his direction an(] super- vision to exercise these powers with re- spect to subordinates in that officer's de- partment, office or agency; Direct and supervise the administration of all departments, offices and agencies of the village, except as otherwise provided by this charter or by law; Attend all council meetings and shall have the right to take part in discussion but may not vote; See that all laws, provisions of this char ter and acts of the council, subject to enforcement by him or by officers subject to his direction and supervision., are faith- fully executed; Seipp. No. 33 16 (.f) Submit to the council and make available to the public a complete report on the finances and administrative activities of the village as of the end of each fiscal year; (g) Make such other reports as the council may require concerning the operations of village departments, offices and agencies, subject to his direction and supervision; GO Keep the council fully advised as to the financial condition and future needs of the village and make such recommenda- tions to the council concerning the affairs of the village as he deems desirable; (i) Sign contracts on behalf' of the village pursuant to the provisions of appropria- tions ordinances; (j) Perforin such other duties as are specified in this charter or may be required by the council. (Ord. No. 1-76, § 1, 2-19-76) Section 6. Country club administrator. The council shall have the power by ordinance to provide for the management and/or adminis- tration of any village owned or operated country club and its related activities, in whole or in. part, separate from the office of the Village Manager and to specify the authority, if any, that the Village Manager shall have over employment, management, administration or other matters in any way connected with the operation of any village owned or operated country club. (Ord. No. 1-76, § 1, 2-19.-76) Section 7. Village clerk. There shall be a Village Clerk who shall be responsible to the council for the proper adminis- tration of all affairs of the village coming under the clerk's control as defined in Article IV, Section 1.0. (,Ord. No. 38-2002, § 1, 12-12-02) rditor's note—Ord. No. 38-2002, § 1, adopted Dec. 12, 2002, repealed Art. IV, § 7, in its entirety acid enacted new [do/s1f31M provisions to read as herein set out. Prior to amendment. § 7 pertained to similar suUject matter and derived from Ord. No. 1.-761 § '1., adopted Feb. 19, 1976. Ord. No. 38-2002, was passed by vote; in an election held March 11, 2003. Section 8. Appointment; removal; compen- sation of village clerk. (a) Appointment. The council shall appoint a village clerk fox, an indefinite terin by a majority vote of all the council members. Supp. No. 33 16.1 §8 CHARTER (b) Removal. The council may remove the clerk by a majority vote of all the council members, and the` clerk shall`hold office at the pleasure of the council. (c) Compensation. The compensation of the clerk shall be fixed by the council. (Ord. No. 38-2002, § 2, 12-12-02) Editor's note—Ord. No. 38-2002, was passed by vote in an election held March 11, 2003. Section 9. Vacancy in the office of clerk. During any vacancy in the office of village clerk, the deputy village clerk shall assume the duties of the village clerk. If there is no deputy village clerk, the council may designate any com- petent person, except the mayor or any member of the council to execute the functions of the office of village clerk. (Ord. No. 38-2002, § 3, 12-12-02) Editor's note—Ord. No. 38-2002, was passed by vote in an election held March 11, 2003. Section 10. Powers and duties of the village clerk. The powers and duties of the village clerk are and shall be: (a) To attend all official meetings of the council in person or by deputy and keep minutes of its proceedings, which, after being approved, shall be engrossed in a well -bound book, or other perma- nent record, and signed by the village clerk. (b) To be the custodian of the Village Seal and of all records and papers of a general or perma- nent character pertaining to the affairs of the municipality. (c)To attest all executory contracts made in behalf of the village as evidence of the authoriza- tion of such contracts by the council; and no executory contracts made in behalf of the village or to which the village is a party shall be valid unless attested by the village clerk. (d) To preserve, file and index all contracts to which the village is a party, which file and record shall be open to the inspection of all interested persons at all reasonable times, in the clerk's office. Supp. No. 25 17 §4 (e) To furnish the council at any time such reports, data and information as may be neces- sary to fully inform the Council as to the affairs of the village, furnishing the Council regularly with such detailed reports of the village government as may be necessary (Ord. No. 38-2002, § 4, 12-12-02) Editor's note—Ord. No. 38-2002, was passed by vote in an election held March 11, 2003. ARTICLE V. QUALIFICATIONS AND ELECTIONS Section 1. Nonpartisan elections. All qualifications and elections for the office of village councilman shall be conducted on a non- partisan basis without regard for or designation of political party affiliation of any nominee on any nomination petition or ballot. (Ord. No. 1-76, § 1, 2-19-76) Section 2. Qualifications. Candidates for the office of village councilman shall qualify for such office by the filing of a written notice of candidacy with the designated official at such time and in such manner as may be prescribed by ordinance. (Ord. No. 1-76, § 1, 2-19-76) Section 3. Form of ballots. The council by ordinance shall prescribe the method for listing candidates for village council elections and any other village election. A charter amendment to be voted on by the village shall be presented for voting by ballot title. The ballot title of a ,measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. (Ord. No. 1-76, § 1, 2-19-76; Ord. No. 39-2002, § 1, 12-12-02) Editor's note—Ord. No. 39-2002, was passed by vote in an election held March 11, 2003. Section 4. General and runoff election. Whenever a general or special election is held to fill any elective office in the Village of North Palm Beach, the candidate receiving a majority of §4 NORTH PALM BEACH CODE the votes cast at such election to fill such office shall be declared to be duly elected; provided that in the event no candidate for a particular elective office shall receive a majority of the votes cast at such election to fill such office, then a runoff election shall be held two weeks after the original election to elect a candidate to fill such office; provided further that in such event 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 voters and the one receiving the majority number of votes in such runoff election shall be declared to be duly elected to such office; provided further that should two or more candidates receive an equal number of votes to any such office, so that it cannot be determined which two had received the greatest and the next greatest number of votes, then the names of all such candidates shall be submitted at the runoff election and the candidate receiving the greatest number of votes at such election shall be declared elected to such office, regardless of whether such candidate received a majority of the votes cast to fill such office at such runoff election. (Ord. No. 1-76, § 1, 2-19-76) Section 5. Unopposed candidates. In the event not more than one (1) person qualified as a candidate for a designated seat on the village council to be filled at an election, that seat shall not be listed on the regular village election ballot. Each unopposed candidate shall be deemed to have voted for himself. (Ord. No. 1-76; § 1, 2-19-76) Section 6. Recall. The qualified voters of the village shall have the power to recall and to remove from office any elected official of the village as provided by gen- eral law. (Ord. No. 1-76, § 1, 2-19-76) ARTICLE VI. TRANSITION SCHEDULE Section 1. Continuation of former charter provisions. All provisions of Chapter 31481, Laws of Flor- ida, Extraordinary Session 1956, (the former char- Supp. No. 25 18 ter) as amended by special law or otherwise which are not embraced herein and which are not incon- sistent with this charter shall become ordinances of the village subject to modification or repeal in the same manner as other ordinances of the village. (Ord. No. 1-76, § 1, 2-19-76) Section 2. Ordinances preserved. All ordinances in effect upon the adoption of this charter, to the extent not inconsistent with it, shall remain in force until repealed or changed as provided herein. (Ord. No. 1-76, § 1, 2-19-76) Section 3. Rights of officers and employees. Nothing in this charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are village officers or employees at the time of adoption. Elected officers shall continue to hold their offices and discharge the duties thereof until their suc- cessors are elected. (Ord. No. 1-76, § 1, 2-19-76) Section 4. Pending matters. All rights, claims, actions, orders, contracts and legal or administrative proceedings involving the village shall continue except as modified pur- suant to the provisions of this charter. (Ord. No. 1-76, § 1, 2-19-76) Section 5. Miscellaneous provisions. In case any one or more of the sections or provisions of this Charter or the application of such sections or provisions to any situation shall for any reason be held to be unconstitutional, such unconstitutionality shall not affect any other sections or provisions of this Charter or the ap- plication of such sections or provisions as to any other situation and it is intended that this Char- ter shall be construed and applied as if such unconstitutional section or provision had not been included herein. (Ord. No. 1-76, § 1, 2-19-76) CHARTER Section 6. Deletion of obsolete schedule items. The council shall have power, by resolution, to delete from this article VI any section, including this one, when all events to which the section to be deleted is or could become applicable have -- occurred. (Ord. No. 1-76, § 1, 2-19-76) Section 7. Gender Any word importing the masculine gender shall extend and be applied to females as well as to males. (Ord. No. 40-2002, § 1, 12-12-02) Editor's note—Ord. No. 40-2002, was passed by vote in an election held March 11, 2003. i Supp. No. 25 19 0 [The next page is 651 §7 Chapter Number 31481 (1956) 73-564 Ordinance Number 29-80 11-86 03-95 24-96 33-96 20-99 16-2002 27-2002 31-2002 33-2002 34-2002 35-2002 36-2002 37-2002 38-2002 39-2002 40-2002 03-2003 10-2004 33-2004 2006-24 2007-04 2007-05 2008-10 2010-05 2010-18 2015-06 CHARTER COMPARATIVE TABLE Section Art. I 1 Date Section 10- 9-80 1 9-11-86 1 2- 9-95 4 7-11-96 1 8-22-96 1 5-27-99 1 5-23-02 1 9-26-02 1 12-12-02 1 12-12-02 1 12-12-02 1 12-12-02 1 12-12-02 1 12-12-02 1 12-12-02 1 Added Added Added Rpld Added Added Added Added Added Added Disposition Article/Section U Il/1 Disposition Article/Section [The next page is 771 Supp. No. 61 65 2 3 4 12-12-02 1 12-12-02 1 2-13-03 1 7- 8-04 1(Exh. A) 12- 9-04 1(Exh. A) 11- 9-06 3 3- 8-07 2 3- 8-07 2 9-11-08 2(Exh. A) 3-11-10 2(Exh. A) 10-28-10 2(Exh. A) 4- 9-15 2 Added Added Added Rpld Added Added Added Added Added Added Disposition Article/Section U Il/1 Disposition Article/Section [The next page is 771 Supp. No. 61 65 ADMINISTRATION Table insets: Operating Funds (Short -Term Portfolio Permitted Investments: § 2-4 Authorized Sector Sector Per Issuer Minimum Ratings Maturity Investments Maximum (%) Minimum (%) Maximum (To) Requirement Range Banks - Inter- N/A 8.33% (1/12 of GNMA 40% Other U.S. Govern- est-bearing ment Guaranteed annual Village 10% GNMA) checking or 100% operating bud- 50% N/A N/A savings ac- get) counts 91.67% (11/121 Non -Negotiable of annual Vil- Certificate of lage operating 0% 33.33% N/A 30 days Deposits budget) Florida Local Highest Fund Government Rating by all Surplus Fund 25% 0% N/A NRSROs who N/A Trust Funds rate the fund ("Florida (AAAm/Aaa-mf, Prime") or equivalent) Highest Fund Quality and Volatility Rat- Intergovern- ing Categories mental Pools 25% 0% N/A by all NRSROs N/A (LGIPs) who rate the LGIP, (AAAm/ AAAf, S1, 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 5% 0% N/A Rating Cate- 30 Days Paper gory (A -1/P-1, or equivalent) Core Funds (Long -Term Portfolio) Permitted Investments: Sector Sector Maximum Per Issuer Minimum Ratings Maximum (%) Maximum (%) Requirement' Maturity U.S. Treasury 100% 100% N/A 5.50 Years (5.50 Years avg. life for GNMA 40% Other U.S. Govern- ment Guaranteed 10% GNMA) (e.g. AID, GTC) Supp. No. 60 138.3 § 2-4 NORTH PALM BEACH CODE Sector Sector Maximum Per Issuer Minimum Ratings Maximum (%) Maximum (%) Requirement' Maturity 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 voting member P-1, AA-/Aa3, or 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 - 5.50 Years Avg. Backed Securities 25% 40%3 N/A Life (MBS) Highest ST or LT Asset -Backed Secu- 25% 5% Rating (A -1+/P-1, 5.50 Years Avg. rities (ABS) AAA/Aaa, or equiv- Life4 alent) Non -Negotiable Certificate of De- 50% None, if fully col- None, if fully col- 2 Years posit or Savings lateralized lateralized. Accounts Commercial Paper 50% 2 5% Highest ST Rating Category (A -1/P-1, 270 Days (CP) or equivalent) Highest Fund Rat- Money Market ing by all NRSROs Funds (MMFs) 50% 25% who rate the fund N/A (AAAm/Aaa-mf, or equivalent) Supp. No. 60 138.4 ADMINISTRATION § 2-4 Sector Sector Maximum (%) Per Issuer Maximum (%) Minimum Ratings Requirement' Maximum Maturity Highest Fund Quality and Vola- tility Rating Cate - Intergovernmental 50% 25% gories by all N/A Pools (LGIPs) NRSROs who rate the LGIP, (AAAm/ AAAf, S1, or equiv- alent) Florida Local Gov- Highest Fund Rat- ernment Surplus ing by all NRSROs Funds Trust Funds 25% N/A who rate the fund N/A ("Florida Prime") (AAAm/Aaa-mf, or equivalent) Notes: ' 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 be diversified to control the risk of loss resulting from the over -concentration of assets in a specific maturity, issuer, instrument, dealer, or bank through which these instruments are bought and sold. Diversification strategies shall be reviewed and revised periodically as deemed necessary by the chief financial officer. (k) Authorized investment institutions and deal- ers. A list will be maintained of financial institu- tions authorized to provide investment services. In addition, a list also will be maintained of approved security brokers/dealers selected by cred- itworthiness. Authorized staff shall only purchase securities from financial institutions, which are qualified as public depositories by the Treasurer, or Chief Financial Officer of the State of Florida, "Primary Dealers" as designated by the Federal Reserve Bank of New York, or from direct issuers of commercial paper. Supp. No. 60 138.5 The village's investment advisor shall utilize and maintain its own list of approved primary and non -primary dealers. (1) Third -party custodial agreements. All secu- rities purchased by the village shall be properly designated as an asset of the village and shall be held in an account separate and apart from the assets of the financial institution. A third party custodian is defined as any bank depository char- tered by the Federal Government, the State of Florida, or any other state or territory of the United States which has a branch or principal place of business in the State of Florida as defined in Section 658.12, Florida Statutes, or by a na- tional association organized and existing under the laws of the United States which is authorized to accept and execute trusts and which is doing business in the State of Florida. Certificates of deposits will be placed in the provider's safekeep- ing department for the term of the deposit. The third -party custodian will be required to desig- § 2-4 NORTH PALM BEACH CODE nate all securities held as assets of the village. No withdrawal of securities, in whole or in part, shall be made from safekeeping, except by the chief financial officer, or his/her respective designees. Securities transactions between a broker-dealer and the custodian involving purchase or sale of securities by transfer of money or securities must be made on a "delivery vs. payment" basis, if applicable, to ensure that the custodian will have the security or money, as appropriate, in hand at the conclusion of the transaction. Securities held as collateral shall be held free and clear of any liens. (m) Master repurchase agreement. All ap- proved institutions and dealers transacting repur- chase agreements shall execute and perform as stated in the Securities Industry and Financial Markets Association (SIFMA) master repurchase agreement. All repurchase agreement transac- tions shall adhere to the requirements of the SIFMA master repurchase agreement. (n) Bid requirement. An appropriate maturity date will be determined for each investment based on cash-flow needs and market conditions. Based on these considerations, the chief financial officer will analyze and select one (1) or more optimal types of investments, and a minimum of three (3) reputable, qualified and financially sound banks and/or dealers must be contacted and asked to provide bids on the securities in question when feasible and appropriate. Except as otherwise required by law, the bid deemed to best meet the investment objectives specified in subsection (c) must be selected. (o) Internal controls. (1) The chief financial officer shall establish and maintain a written system of internal controls made a part of the village's oper- ational procedures. The internal controls shall be designed to prevent losses of funds, which might arise from fraud, em- ployee error, misrepresentation by third parties, or imprudent actions by employ- ees of the village. No person shall engage in an investment transaction except as authorized in this policy. (2) Independent auditors, as a normal part of the annual financial audit to the village, Supp. No. 60 138.6 shall conduct a review of the system of internal controls to ensure compliance with policies and procedures as may be required by the village. (p) Continuing education. The chief financial officer shall complete eight (8) hours of continuing education annually in subjects or courses related to investment practices and products. (q) Reporting. The chief financial officer or his or her respective designee shall prepare a quar- terly investment report, which shall include secu- rities in the portfolio by class and type, acquisi- tion cost, income earned, yield, maturity date and market value as of the report date. The report will be provided to the legislative and governing body of the village and shall be available to the public. (r) Securities; disposition. Every security pur- chased on behalf of the Village must be properly earmarked and: (1) If registered with the issuer or agents, must be immediately placed for safekeep- ing in a location that protects the village's interest in the security; (2) If in book entry form, must be held for the credit of the governing body by a deposi- tory chartered by the federal government, the state, or any other state or territory of the United States which has a branch or principal place of business in the state as defined in Florida Statutes section 658.12, or by national association organized and existing under the laws of the United States which is authorized to accept and exercise trusts and which is doing busi- ness in the state, and must be kept in the depository in an account separate and apart from the assets of the financial institution, or (3) If physically issued to the holder but not registered with the issuer or its agents, must be immediately placed for safekeep- ing in a secured vault. (s) Sale of securities. When invested funds are needed in whole or in part for the purposes originally intended or for more optimal invest- ments, the chief financial officer may sell such ADMINISTRATION investments at the then -prevailing market price and place the proceeds into the proper account or fund. (t) Policy considerations. (1) Exemptions. Any investment held prior to the adoption of this policy that does not meet the guidelines of this policy shall be exempted from the requirements of this policy. At maturity or liquidation, such monies shall be reinvested only as pro- vided by this policy. (2) Amendments. This policy shall be re- viewed on an annual basis by the village council at the "setting of council goals and objectives" session of the annual budget. The village council must approve any changes. (u) Delegation of authority. The finance direc- tor is the chief financial officer of the village and is responsible for investment decisions and activi- ties. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established here- under. Nothing set forth herein shall preclude the village from utilizing an investment advisor to assist in managing the village's portfolio. Such investment advisor must be registered under the Investment Advisor's Act of 1940. The investment advisor may invest funds on behalf of the village in accordance with the mandates of this investment policy. Authorized signatories are the chief financial of- ficer, the village manager and the village mayor. These individuals are also authorized to initiate wire transfers for the village. All investment transactions require approval by two (2) of the depository signatories. (v) The chief financial officer shall review the investment policy annually and, if necessary, pres- ent modifications to the village council for ap- proval. (Ord. No. 31-95, § 1, 10-26-96; Ord. No. 15-2001, §§ 1, 2, 6-28-01; Ord. No. 2008-17, § 2, 11-13-08; Ord. No. 2012-04, § 2, 5-10-2012; Ord. No. 2013- 07, § 2, 4-11-13; Ord. No. 2014-14, § 2, 12-11-14) Editor's note -Ord. No. 31-95, adopted Oct. 26, 1996, has been codified herein at the discretion of the editor as § 2-4. Secs. 2-5-2-15. Reserved. ARTICLE II. COUNCIL* DIVISION 1. GENERALLY Sec. 2-16. Compensation. § 2-18 The compensation of all members elected to the village council other than the mayor is hereby fixed at the sum of seven hundred fifty dollars ($750.00) per month. The compensation of the mayor is hereby fixed at the sum of nine hundred dollars ($900.00) per month. (Code 1970, § 2-7; Ord. No. 20-78, § 3, 8-10-78; Ord. No. 2-88, § 1, 1-14-88; Ord. No. 16-97, § 1, 3-13-97; Ord. No. 29-99, § 1, 8-26-99; Ord. No. 2006-17, § 1, 9-14-06) Charter reference -Compensation, Art. III, § 4. Sec. 2-17. Regular meetings -When held. The regular meetings of the village council shall be held on the second and fourth Thursdays of each month. (Code 1970, § 2-8) Charter reference -Meetings procedure, Art. III, § 9(a). Sec. 2-18. Same -Presiding officer. (a) The mayor shall preside at all meetings, if present, and in his absence, the vice -mayor. In the absence of both the mayor and vice -mayor, the president pro tem shall preside. (b) The presiding officer shall preserve order and decorum. He shall appoint all committees unless the council shall otherwise direct. (c) Terms of mayor. No person may serve more than one-year term as mayor of the village. A person who served as mayor of the village for one (1) term shall not serve as mayor during the following council year, but beginning one (1) year after termination of his one-year term as mayor of the village, he may again serve as mayor for a period not to exceed one (1) year. (Code 1970, § 2-9; Ord. No. 218-70, § 1; Ord. No. 8-82, § 1, 4-22-82) Supp. No. 60 138.7 *Charter reference -Legislative provisions generally, Art. § 2-19 NORTH PALM BEACH CODE Sec. 2-19. Adjournment of all meetings. All regular meetings, special meetings and workshop meetings for the village council shall be adjourned on or before 11:00 p.m. on the date when the meeting convened. In the event there is pending business on the floor at 11:00 p.m. during one (1) of the meetings, the chair shall at that time entertain a motion that the meeting be reconvened at a time and date certain, but upon failure of the council to agree upon such motion, the meeting shall be adjourned and the business pending at the time of adjournment shall be the first item on the agenda of the next meeting of the village council pertaining thereto. (Ord. No. 24-79, § 1, 11-8-79) Secs. 2-20-2-25. Reserved. DIVISION 2. RULES OF PROCEDURE* Sec. 2-26. Order of business. The following order shall be observed in the transaction of business, but such order may be varied by unanimous consent of the councilmen present: (1) Roll call; (2) Invocation; (3) Pledge of allegiance; (4) Awards and recognition; (5) Approval of minutes; (6) Council business matters: a. Statements from the public, peti- tions and communications; b. Declaration of ex parte communica- tions; C. Public hearings and quasi-judicial matters; d. Consent agenda; e. Other village business matters; f. Council and administration matters; *Charter reference—Authority to determine rules of procedure, Art. III, § 9(b). Supp. No. 60 138.8 1. Mayor and council matters/ reports; 2. Village manager matters/re- ports; (7) Reports (special committees and advisory boards); (8) Adjournment. (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; Ord. No. 03-2005, § 1, 2-10-05) Sec. 2-27. Parliamentary rules. The presiding officer, when the council is in session, shall enforce parliamentary rules for its government so far as they are applicable to such legislative body. (Code 1970, § 2-19) Secs. 2-28-2-38. Reserved. ARTICLE III. ADNHNISTRATIVE CODE DIVISION 1. GENERALLY Sec. 2-39. Definition. As used in this article, unless the context otherwise requires: Chief administrator or administrator is the village manager. (Code 1970, § 2-31) Sec. 2-40. Departmental organization. (a) The administrative service of the village shall be divided under the administrator into the following departments and heads thereof (1) Department of finance, director of fi- nance. (2) Department of law enforcement (police department), chief of police. (3) Department of fire rescue, fire chief. (4) Department of public works, director of public works. (5) Department of community development, director of community development. ADMINISTRATION (6) Department of recreation, director of rec- reation. (7) Department of library, librarian. (b) In addition, there shall be a department of records headed by the village clerk under the village council, which department shall be coordi- nated into the administrative service and cooper- ate with the administrator so as to coordinate the entire administrative service of the village. (Code 1970, § 2-32; Ord. No. 1-75, § 4, 4-10-75; Ord. No. 44-97, § 1, 10-9-97; Ord. No. 30-2001, § 2, 10-11-01; Ord. No. 2006-24, § 2.A, 11-9-06; Ord. No. 2011-21, § 3, 11-10-11) Cross references—Country club, Ch. 9; library, Ch. 16; parks, playgrounds and recreation, Ch. 20; police, Ch. 23; streets, sidewalks and public places, Ch. 24. Sec. 2-41. Oaths of office. (a) Each of the following officers and employ- ees in the administrative service shall be required to take an oath of office before entering upon the discharge of his or her duties, which oath shall be subscribed by the person taking it and shall be filed and preserved in the office of the village clerk: (1) Officers. The village manager and each department head. (2) Law enforcement officers. Every member of the police department (including any private, special, temporary or substitute law enforcement officer which the village might find it necessary to appoint). (b) Form of oath for the chief administrator and officers. The following shall be the form of oath for the chief administrator and officers: State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I, , do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Vil- lage of North Palm Beach; that I will faithfully, honestly and impartially discharge my duties as during my continu- ance therein; that I am not directly or indi- § 2-42 rectly pecuniarily interested in any public ser- vice corporation engaged in business in the Village of North Palm Beach, or in or with any person or corporation having contracts with said Village, so help me God. Subscribed and sworn to before me this day of , 19 (c) Form of oath for members of police depart- ment. The following shall be the form of oath for the members of the police department: State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I, , do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida and the Charter and Code of the Vil- lage of North Palm Beach; and that I will, to the best of my ability, faithfully perform the duties of the officer of Law Enforcement Officer during my continuance therein, so help me God. 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 offi- cers. 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 per- formance and discharge of their respective 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). Supp. No. 60 138.9 § 2-42 NORTH PALM BEACH CODE (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 thou- sand 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 du- ties 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. (b) Department heads. The heads of depart- ments shall: (1) Responsibility to village manager. The heads of departments, including the coun- try club administrator, shall be immedi- ately responsible to the village manager for the effective administration of their Supp. No. 60 138.10 APPENDIX C—ZONING § 45-25 (4) The applicant must to the fullest extent practicable, demonstrate to the village that the antenna tower and accessory equipment buildings will be screened from view by architectural features, landscaping, existing natural vegetation, or will be aesthetically designed to blend into and harmonize with the area or location surrounding the antenna or antenna tower site in accordance with the village of North Palm Beach Appear- ance Plan. (5) Antenna or antenna towers shall not be artificially lighted except as required for public safety purposes, or by the Federal Aviation Administration (FAA). Signage shall not be allowed except as required for public safety purposes, or by the Federal Communications Commission (FCC). (6) To the extent not in conflict with the provisions described above, any proposed antenna or tower or accessory equipment building will be subject to all applicable village codes and regulations. (Ord. No. 12-97, § 1, 2-27-97; Ord. No. 2015-11, § 3, 6-25-15) Editor's note—Section 45-21, relative to oceanfront land in the R-1 district, has been repealed by Ord. No. 4-82, § 1, enacted Jan. 28, 1982. The former section did not bear a history note. Subsequently, Ord. No. 12-97, § 1, adopted Feb. 27, 1997 added new provisions pertaining to telecommunica- tions antenna and antenna towers as herein set out. Sec. 45-22. Oceanfront land—Ocean setback. There shall be a building setback line of not less than fifty (50) feet from the dune line, or one hundred (100) feet from the highwater line, whichever distance is greater, for all property bordering on the Atlantic Ocean. The measure- ment of the setback from the dune line and the highwater line shall be to the closest edge of any building to be constructed on the Atlantic oceanfront. (Ord. No. 23-72, § 1) Sec. 45-23. Emergency generators required for automotive service stations. All newly constructed automotive service sta- tions shall have a permanently installed Supp. No. 67 emergency generator. Existing automotive service stations shall be required to install permanent emergency generators whenever such service station is rebuilt after being destroyed to an extent of more than fifty (50) percent of its assessed value or whenever a revised site plan for such service station is submitted for approval which enlarges upon or alters in any way the original site plan for that service station. All others shall have a transfer installed within two (2) years of the passage of this section, to allow for a. portable generator to be easily connected to the service station. For the purposes of this section, an automotive service station means any commercial establishment engaged in the retail sale of gasoline. (Ord. No. 2006-22, § 2, 9-14-06) Sec. 45-24. Group living facilities. All community residences providing personal care, community residential homes, and assisted living facilities shall be required to obtain a business tax receipt from the village in accordance with the provisions of chapter 15 of this Code and are subject to the annual fire safety inspec- tion set forth in section 12-17 of this Code. (Ord. No. 2017-22, § 2, 12-14-17) Sec. 45-25. Reasonable accommodation procedure. 2488.7 (a) Purpose and general provisions. (1) This procedure addresses requests for reasonable accommodation to the Vil- lage's zoning or land development ordinances, rules, policies, and procedures for persons with disabilities and facili- ties serving them as provided by the Federal Fair Housing Amendments Act (42 U.S.C. 3601 et seq.) ("FHA"), Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131 et seq.) ("ADA"), and other applicable state and federal regulations. (2) The following general provisions shall be applicable: a. The Village shall display a notice in the Village's public notice bulletin board (and shall maintain copies § 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 (3) The Community Development Director, under the FHA, ADA or other state and federal or his/her designee, shall have the author - regulation. Any person who is disabled or a ity to consider and make a recommenda- qualifying entity serving disabled persons may tion to the Village Council on requests request a reasonable accommodation with respect for reasonable accommodation. The Com - to the Village's land use or zoning laws, rules, munity Development Director, or his/her policies, practices and/or procedures as provided designee, shall issue a written recom- by the FHA, ADA and other state and local mendation within forty-five (45) calendar regulations pursuant to the procedures set out days of the date of receipt of a completed herein. application and may recommend: (c) Procedure. a. Granting the accommodation (1) A request by an applicant for reasonable request; accommodation shall be made in writing b. Granting a portion of the request by completion of a reasonable accommoda- and denying a portion of the request, tion request form. The form shall be 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. 67 2488.8 Ord. No. 2014-13 2014-14 2015-03 2015-04 2015-05 2015-07 2015-10 2015-11 2015-12 2015-13 2015-19 2015-20 2015-22 2016-06 CODE COMPARATIVE TABLE Adoption Date Section 12-11-14 2 12-11-14 2 3-12-15 2 4- 9-15 2 4- 9-15 2 14-30(4) 3 4-23-15 2 6-11-15 2 C.2. 3 4 6-25-15 2 3 4 6-25-15 2 7-23-15 2 3 11-12-15 1 11-12-15 2 12-10-15 2 5-12-16 2 2016-07 9- 8-16 2 3 4 5 2017-02 1-12-17 2 2017-03 1-26-17 2 2017-11 8-24-17 2 3 2017-13 9-28-17 2 2017-18 10-12-17 2 2017-21 12-14-17 2 3 Supp. No. 67 2895 Section this Code Added Ch. 6, Art. IV, §§ 6- 72-6-86 2-4 Added Ch. 17, Art. VIII, §§ 17-81-17-94 Added 19-12 2-159(b) 2-163(a)(1) 14-30(4) App. C, § 45-2 Added App. C, § 45-32 A.9., C.2. App. C, § 45-32 E.7. Added App. C, § 45-32 F.3. App. C, § 45-35.1 II.A.8. App. A, § III App. C, § 45-21(2)b. Added App. C, § 45-38 Ch. 2, Art. III, Div. 5 (Tit.) 2-76(b), (c) Added App. C, § 45-16.2 21-3(a) 5-1 Added 5-18 5-19-5-25 45-36 N. 19-99 Rpld Ch. 24, Art. II, Divs. 1, 2, §§ 24-16-26- 20, 26-28, 26-29 Added Ch. 24, Art. II, §§ 24-16-24-27 Added 18-33 18-35 Added 18-35.1 2-173 2-151(a), (b) Rpld Ch. 29, §§ 29-1- 29-16 Added Ch. 29, §§ 29-1- 29-20 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 Added 6-21 Added Ch. 27, Art. IV, §§ 27-71-27-84 10-5 45-2 45-38B., C., D.24 NORTH PALM BEACH CODE [The next page is 29331 Supp. No. 67 2896 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 [The next page is 29331 Supp. No. 67 2896