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Pages Replaced by Supplement #39
SUPPLEMENT NO. 39 December 2008 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. 2008-18, adopted November 13, 2008. See the Code Comparative Table for further information. Remove old pages Xl-X1V Checklist of up-to-date pages 135-138 150.1-156.2 889 891-896 2891 2935-2938 2943-2948 2951, 2952 2955, 2956 Insert new pages xi-xiv , Checklist of up-to-date pages (following Table of Contents) 134.3-138 151-156.3 889 891-894 2891 2935-2938.1 2943-2948 2951, 2952 2955, 2956 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www.municode.com TABLE OF CONTENTS Page Officials o£ the Village ....................................... iii Preface ..................................................... v Adopting Ordinance ......................................... vii Readopting Ordinance ....................................... x.i Checklist of Up-to-Date Pages ................................ ~1] PART i CH1lRTER Charter ..................................................... 1 Art. I. Corporate Name .............................. 3 Art. LA, Vision Statement ........................... 3 Art. II. Territorial Boundaries ....................... 3 Art. III. Legislative ............ . . . . . . . .............. 10.2 Art. IV. Administrative .............................. 15 Art. V. Qualifications and Elections .................. 17 Art. VT. Transition Schedule ......................... 18 Charter Comparative Table .................................- 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions ....................................... '7'7 2. Administration .......................................... 133 Art. I. In General ................................... 135 Art. II. Council ....... ............................. 138 Div 1. Generally ............................... 138 Div 2. Rules of Procedure ....................... 138 Art. III. Administrative Cade ........................ 138.1 Div 1. Generally ............................... 13$.1 Div. 2. Audit Committee ........................ 139 Div 3. Department of Finance ................... 140 Div 4. Department of Records ................... 140.1 Div 5. Department of Public Safety .............. 141 Div 6. Department of Public Works .............. 142 Div 7. Department of Library ................... 142 Div $. Department of Gauntry Club ............. 142 Div 9. Department of Recreation ................ 142 Div 10. Department of Community Development . 142.1 Art. N 1Vlanager ................................... 142.1 Art. V. Pensions and Retirement Systems ............ 143 Div 1. Generally ............................... 143 Supp. Na. 3S ~ NORTH PALM SEACFI CgDE Chapter Page Div 2. Social Security ........................... 143 Div 3. Pension az~d Certain Other Benefits far Gen- eral Employees .......................... 144.1 Div 4. Pension and Certain Otlier Benefits for Fire and Police Employees .................... 15fl.1 Div. 5. Length of Service Award Plan for Volunteer Firefighters ............................. 161 Div. 6. ICIVIA Defined Contribution Pension Plan.. 163 Art. VI. Cade Enforcement Board .................... 163 3. Alcoholic Beverages ................. ..................... 2ll 4. Animals and Fowl ....................................... 263 Art. I. In General ................................... 265 Art. II. Dogs and Cats .............................. 266 Art. III. Rabies Control ............................. 269 5. Boats, Docks and Waterways ............................. 319 Art. I. In General ................................... 321 Art. II. Boat Launching Area ........................ 325 Art. III. Construction Requirements ................. 326 Div. ].. Generally ............................... 326 Div. 2. Canals .................................. 326 Div. 3. Bulkheads and Seawalls .................. 327 Div. 4. backs and Piers ......................... 32$ Div. 5. Erasion Control Structures ............... 333 Art. N Marine Sanctuaries ......................... 333 Art. V. Waterways Board ............................ 334 6. Buildings and Building Regulations ....................... 381 Art. T. In General ................................... 383 Art. II. Minimum Construction Standards ............ 383 Art. III. Appearance Code ........................... 384 Div. 1. Generally ............................... 384 - - - - - Div:- 2_ Reserved_.. _. _.-...~. _ _..-.._. _ _ .~ . ~ ~.. ~..- ~ - - X98.3- - Div 3. Certificate of Appropriateness ............ 398.3 Art. N Reserved ................................... 398.5 Art. V. Signs and Outdoor Displays .................. 398.5 Art. VI. Energy Efficiency Building Code ............. 3981$ Art. VII. Coastal Construction Code ................. 39818 7. Bulkhead Lines .......................................... 453 Art. I. In General ................................... 455 Art. II. Filling Permit ............................... 455 8. Emergency Management .............................. ... 5Q7 Art. L In General ............ .. ..................... 5D9 Art. II. Civil Disorders and Disturbances ............. 510 9. Country Club ............................................ 559 Art. I. In General ........... ....................... 561 Art. II. Golf Advisory Board ......................... 562 t 5upp. No. 36 7~i TABLE OF CON'T'ENTS-Contd. Chapter Page Art. III. Finances ................................... 563 10. Electians ............................................... 615 Art. L In General ................................... 617 Art. TI. Reserved ................................... 618 Art. TII. Reserved ................................... 618 Art. N Polling Locations ........................... 618 11. Electricity .............................................. 671 Art. I. In General ................................... 673 Art. II. Electrical Code .............................. 673 11.5. Emergency Service .................................... 695 Art. I. In General ................................... 697 Art. II. Emergency Medical Services ................. 697 12. Fire Prevention and Protection .......................... '723 Art. I. In General ................................... 725 Art. II. Florida Fire Prevention Cade ................. 725 Art. III. Fire Division ............................... 726 Div 1. Generally ............................... 726 Div 2. Personnel ............................... 727 Div 3. Equipment------------------------------ 727 Div. 4. Reserved ................................ 728 Art. IV. Recovery of Casts fox Cleanup, Abatement and Removal of Hazardous Substances ........... 728 12.5 Flood Damago Prevention .............................. 777 Art. I. In General ................................... 779 Art. II. Administration .............................. 783 Art. III. Provisions far Flaad Hazard Reduction ....... 786 13. Reserved ............. ................................ S39 14. Health and Sanitation .................................. 889 Art. I. In General ................................... 891 Art. II. Garbage, Trash and Refuse .................. 891 Div 1. Generally ............................... 891 Div 2. Garbage Collection and Disposal .......... 891 Div 3. Abandoned, Imperative and Junked Prop- erty ..................................... 892 Art. III. Reserved ................................... 895 Art. IV, ~1Veeds and Brush ........................... 895 15. Housing ............................................... 945 16. Library ................................................ 997 Art. I. In General ................................... 999 Art. TI. Library Board ............................... 999 17. Licenses and Miscellaneous Business Regulations......... 3051 Art. I. In General .................................. 1053 Art. II. Local Business Tax .......................... 1057 Art. III. Businesses Located Outside Village Limits ... 3.060.4 Sapp. No. 36 xiii NOR~.`H PALI4~f BEAGH CODE Chapter Page Art. IV. Reserved ................................... 1063 Art. V. Ambulances .. .. ............................. 1063 Art. VI. Garage and Other Sales ..................... 1063 17.5 Reserved .............................................. 1121 1$. Motor Vehicles and 'I~affic ............................... 1171 Art. I. In General ............ ....................... 1173 Art. II. Operation of Vehicles Generally .............. 1173 Art. III. Stopping, Standing and Paxkizzg ............. 1175 19. Offenses and Miscellaneous Provisions ................... 1225 Art. I. In General ............ ....................... 1227 Art. II. Sexual Offenders and Sexual Predators ....... 1225 Art. III. Offenses Against Property ................... 1228.1 Art. N Offenses Against Public Morals ............ . . 1228.1 Art. V. Offenses Against Public Peace ................ 1229 Art. VI, Noise Control .............................. 1229 Art. VII. Reserved .... ...................•-.-------- 1235 Art. VIII. Weapons ..........................•--.... 1235 Art. IX. Water Shortage Emergencies ................ 1238 Art. X. Alarms ..................................... 1238 Art. XI. Wellfield Protection ......................... 1242 20. Parks, Playgrounds and Recreation ...................... 12$9 Art. I. In General ................................... 1291 Art. II. Meetings and Gatherings ........... . ........ 1292 Div 1. Generally ............................... 1292 Div. 2. Permit .................................. 1292 Art. IIT. Recreation Advisory Board .................. 1293 21. Planning and Development .............................. 1343 Art. I. Ixz General ................................... 1345 Art. II. Planning Commission ....................... 1346 Art. III. Board afAdjustment ........................ 1347 Art. _1rV &oncurxencylVIanagement..~.~ ~..~.-.~-..-.-. -.-~ -- - 1349 - - Art. V. Stormwater Management .................... 1363 Art. VI. Archaeological Site Protection Regulations ... 1366.1 22. Reserved ................................ ........•------ 1411 23. Police ............................................... ... 1463 Art. I. Tn General ................................... 1465 Art. II. Reserved ................................... 1465 Art. III. Reserve Force ............... ............... 1465 24. Streets, Sidewalks and Public Places ..................... 1517 Art. I. In General ................................... 1519 Art. II. Excavations ................................. 1519 Div. 1. Generally ............................... 1519 Div. 2. Permit .................................. 1520 Art. III. Sidewalks and Driveways ............... .. 1524 Div. 1. Generally ............................... 1520 Supp. Na. 36 ~y Checklist of Up-ta-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-far-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 1 77 OC iii 1 79, 80 OC v, vi OC 81, 82 25 vii, viii OC 83 25 ix OC I33 33 x.i, x.ii 1 134.1, 134.2 34 x.iii 1 I35, 136 34 xi, xii 36 136.1, 136.2 24 xiii, xiv 36 137, 138 33 xv, xvi 36 138.1, 135.2 33 1 25 138.3 30 3, 4 25 139, 140 34 5, 6 25 140.1, 140.2 28 7, 8 25 141, 142 33 9, 10 29 142.1 33 10.1, 102 38 143, 144 31 10.3 38 144.1, 144.2 36 11, 12 25 145, 146 36 13, 14 25 146.1 36 15, 16 33 147, 148 32 16.1 33 148.1 32 17, 18 25 149, 150 29 19 25 150.1, 150.2 31 65 38 151 31 Supp. No. 38 [1] NORTH PALM BEACH CObE Page No. Supp. No. Page No. Supp. No. 153, 154 26 403 OC 155, 156 26 453 OC 156.1, 156.2 26 455, 456 22 157, 158 35 507 22 159, 160 35 509, 510 33 160.1 35 511 22 161, 162 25 559 36 163, 164 36 561, 562 36 164.1 36 563 36 165, 166 25 615 36 187, 3.68 25 617, 618 36 169 25 671 2 211 OC 673 24 213, 214 19 695 13 263 OC 697 13 265, 266 OC 723 24 267, 268 27 725, 726 33 269 27 727, 728 5 319 29 729 5 321, 322 17 777 OC 323, 324 33 779, 780 OC 325, 326 32 781, 782 OC 326.1 32 783, 784 OC 327, 328 27 785, 786 OC 329, 330 36 787, 788 OC 331, 332 36 789 OC 332.1 27 839 OC 333, 334 32 889 OC 335 32 891, 892 36 381 23 892.1 33 383, 384 33 893, 894 OC - - 385 - - - - - - - - - - --24 - 895, X96 - - - - - - - -0C -- - 39$.3, 398.4 7 945 OC 398.5, 398.6 23 947, 948 33 398.7, 398.8 23 997 OC 398.9, 398.10 23 999, 1000 22 398.11, 398.12 33 1051 33 398.13, 398.14 33 1053, 1054 31 398.].4.1, 398.14.2 33 1054.1, 1054.2 31 398.15, 398.16 36 1.054.3, 1054.4 31 398.16.1. 36 1055, 1056 36 398.17, 398.18 33 1057, 1058 33 399, 400 OC 1059, 1060 33 401, 402 OC 1060.1, 1060.2 33 Supp. Na, 38 ~2~ CHECKLIST OF UP-TQ-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1060.3, 1060.4 33 1517 OC 1060.5 33 1519, 1520 OC 1061, 1062 8 1521, 1522 27 1063,1064 8 1523 27 1121 OC 1573 24 1171 OC 1575, 1576 29 1173,1174 28 1627 9 1175, 1176 36 1629, 1630 27 1177 36 1631 27 1225 31 1681 OC 1227, 122$ 37 1683, 1684 33 1228.1 37 1684.1, 1684.2 24 1229, 1230 21 1685, 1686 OC 1231, 1232 21 1687, 1688 17 1233, 1234 33 1689, 1690 17 1235,1236 30 1739 14 1236.1 30 1741, 1742 21 1237,1238 16 1781 21 1239, 1240 33 1783, 17$4 21 1241, 1242 33 1785, 1786 33 1289 3 17$7,1788 33 1291, 1292 OC 1788.1 33 1293, 1.294 29 17$9, 1790 21 1295 29 1791, 1792 2I 1343 4 1793,1794 21 1345, 1346 22 1795, 1796 21 1346.1 22 2043 OC 1347, 1348 29 2045, 2045 33 1349, 1350 33 2046.1 25 1351, 1352 33 2047, 2048 OC 1353, 1354 33 2049, 2050 OC 1355, 135fi 33 2051, 2052 OC 1356.1 33 2053 OC 1357, 135$ OC 2353 OC 1359, 1360 33 2355, 2356 OC 1361, 1362 33 2357, 2358 33 1363, 1364 33 2359, 2360 33 1365, 1366 33 2361, 2362 33 1366.1, 1366.2 33 2363, 2364 33 1366.3, 1366.4 33 2364.1 33 1367 5 2365, 2366 OC 1411 OC 2367, 2368 37 1463 OC 2368.1 37 1465, 1466 OC 2369, 2370 OC Snpp. No. 3S [3] IVOR"~"~i PALM BEACH CDDE Page No. Supp. No. Page No. Sapp. No. 2371, 2372 2373,2374 2375, 2378 2377, 2378 2379 2479 2481, 2482 2483, 2484 2484.1, 2484.2 2485 2486.1, 2486.2 2486.3, 2486.4 2486.5, 2486.6 2486.7 2487, 2488 2488.1, 2488.2 2489, 2490 2491, 2492 2493, 2494 2495, 2496 2497, 2498 2499, 2500 2500.1 2501, 2502 2503, 2504 2504.1, 2504.2 2504.3 2505, 2506 2507, 2508 2509, 2510 251fl.1, 2510.2 - - 251-02.1 -- -- -_-- 2510.3, 2510.4 2510.5, 2510.6 2510.7, 2510.8 2510.9, 2510.10 2510.11, 2510.12 2510.13, 2510.14 2510.15, 2510.16 2510.17, 2510.18 2510.19, 2510.20 2510.21, 2510.22 2510.23, 2510.24 2510.25, 2510.26 OC 251027, 2510.28 33 251029, 2510.30 33 2510.31, 2510.32 33 2510.33, 2510.34 33 2510.35, 2510.36 9 2510.37, 2510.38 23 2510.39, 251D.40 23 2510.41, 2510.42 35 2510.43, 2510.44 35 2510.45, 2510.46 23 2510.47, 2510.48 33 2510.49, 2510.50 33 2510.51, 2510.52 33 2510.53, 2510.54 OC 2510.55, 2510.56 18 2510.57, 2510.58 18 2511, 2512 18 2512.1, 2512.2 18 2512.3, 2512.4 18 2512.5, 2512.6 32 2512.7 32 2513, 2514 32 2515, 2516 25 2517, 251$ 2S 2619 29 2819, 2820 28 2889, 2870 10 2871 I3 2873 32 2875, 2876 32 2877, 2878 --- -~2 - - 287sJ,~880 - -- 25, Add. 2881, 2882 25, Add. 2883, 2884 25, Add. 2885, 2886 25, Add. 2887, 2$88 25, Add. 2889, 2890 25, Add. 2891 25, Add. 2933, 2934 25, Add. 2935, 2936 25, Add. 2937, 2938 25, Add. 2939, 2940 25, Add. 2941, 2942 25, Add. 2943, 2944 25, Add. 25, Add. 25, Add. 25, Add. 25, Add. 25, Add. 25, Add. 25, Add. 25, Add. 25, Add. 25, Add. 25, Add. 25, Add. 25, Add. 25, Add. 25, Add. 30 23 33 33 33 OC 22 22 38 36 OC OC OC oc OC --- - - ~G - 14 14 19 25, Add. 33 38 25 36 36 37 36 36 Supp. No. 3$ [4] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 2945, 2946 37 2946.1 37 2947, 2948 36 2949, 2950 36 2951, 2952 37 2953, 2954 36 2955, 2956 37 2957, 2958 36 2959, 2960 36 Supp. Nn. 38 j5] ADMINISTRATION AI]NIINIBTRATION § 2-4 member or declare the member's office village, and to set forth an estimate of all income vacant and promptly fill such vacancy for from all sources whatsoever which shall be re- the unexpired term of office. ceived by the village. {n} Resignation o f members. Members of boards ar committees may resign at any time, by submit- ting awritten letter of resignation to the village clerk. (o) Cle~•icQll technical support. The village man- ager may furnish the board or committee neces- sary clerical services and technical assistance. (p) Dissolution of boards. Unless otherwise provided by law or ordinance, the village council may dissolve a board or committee if the village council determines that the board is no longer needed to meet the purposes for which it was established. {Code 1970, § 2-18; Ord. No. 18-2001, § 1, 6-28-01; Ord. No. 96-2002, § 1, 2-28-02; Ord. Na. 2097-13, §§ 1, 2, 7-12-07) Sec. 2-2. Budget procedures. (c) Before final passage of the budget ordi- nance, the village clerk shall cause the same as introduced to be posted at the village hall and in at least one (1) other conspicuous place in the village. At those places the village clerk shall past a notice stating the time and place the budget will be acted on finally and shall also state in such notice that the estimate of the village manager upon which the budget is based is on file for inspection of the public at the office of the village clerk. The budget ordinance shall not be passed by the council until twelve (12) days after such posting, but not later than September 30. (Ch. 31481 (1956), Laws of Fla., Art. VII, § 3; Ch. 65-1969, Laws of Fla., § 5; Ord. Na. 21-76, § 1, 10-14-76; Ord. No. 15-77, §§ 1, 2, 8-25-77; Ord. No. 23-2001, § 1, $-9-01) Charter reference-Provisions of former char#er not embraced in ar inconsistent with 1976 revision continued in effect as ordinances, Art. VI, § Y. (a) The village manager shall prepare and submit to the members of the council, at least forty-five (45) days prior to the first regular meeting of the council in September of each year, a balanced budget for the operation of the village government during the next fiscal year, including an estimate of the revenues and expenditures in such forms as to afford the council a comprehen- sive understanding of the needs and require- ments of the various divisions of the village gov- ernment for the ensuing year. Sufficient copies of this budget shall be prepared so that there shall be at least three {3) copies on file in tho office of the village clerk. (b) The council is hereby authorized and em- powered to prepare and adopt a budget for each fiscal year by ordinance to be introduced at the first regular meeting of the council in September of each year, which ordinance shall ~ and deter- mine the amount of money to be raised by taxa- tion in the village for the following fiscal year and shall also make separate and several appropria- tions for the payment of all necessary operating expenses of the village and for the payment of interest and principal of any indebtedness of the Sec. 2-3. Adjournment of meetings of boards and commissions. A11 regular meetings, special meetings and workshop meetings for village boards and com- missions shall be adjourned on or before 11:90 p.m. on the date when the meeting convened. (Ord. No. 21-95, § 1, 7-27-95) Sec. 2-4. Investment policy of the village. {a) Purpose. The purpose of this statement is to set forth the policy and objectives governing the investment management of public funds of the village that axe in excess of the amounts needed to meet current expenses. This investment policy places the highest priority on the safety and liquidity of funds. {b) Scope. This investment policy applies to all the investment activity of the village, except for its employees' pension funds, which are organized and administered separately, or for funds related to the issuance of debt where there are other existing policies or indentures in effect for such funds. Supp. IVo. 34 135 § 2-4 Funds included: (1) General fund. (~} Special revenue funds. (3) Enterprise funds. {d} Debt service funds. NQ1~T~I Pa~n~ BEACx ~aD~ {5) Any new funds created by the governing body unless specifically exempt. {c) Dbjectiues. The primary objectives, in pri- ority of order, of investment activities shall be safety of principal, liquidity of funds, and ma~a- mizing investment income. {I} Safety. Safety of principal is the foremost objective of investment activities. Invest- m~nts sha11 be undertaken in a manner that seeks to insure preservation of capi- tal in the overall portfolio. All other in- vestment objectives are secondaay to the safety of principal. The objective will be to mitigate credit risl~ and interest rate risk. a. Credit risk. Credit risk, the risk of loss due to the failure of the security issuer or backer, will be minimized by: 1. Limiting investments to the saf est types of securities. 2. Pre-qualifying the financial in- - _ - _ - - - _ - _ - _ _ stitutiar~ ,broker-d~Lerstinter- -- -- mediaries, and advisers with which the village will do busi- I Hess. 3. Diversifying the investment portfolio so that potential lasses on individual securities will not place an undue financial bur- den on the village, and 4. Monitoring all of the village's investments to anticipate and respond appropriatelyto chang- ing market conditions. b. Interest rate risk. The village will minimize the risk that the market value of securities in the portfolio will fall due to changes in general interest rates, by: 1. Structuring the investment port- folio so that the securities ma- ture to meet cash requirements for ongoing operations, thereby avoiding the need to sell se~u- rities an the open market prior to maturity; and 2. Investing operating funds pri- marily i_n short-term securities, money market mutual funds, or similar investment pools un- less it is anticipated that long- term securities can be held to maturity without jeopardizing the liquidity requirements. (2) Liquidity. The investment portfolio shall remain sufficiently liquid to meet all op- eratingrequirements that maybe reason- ably anticipated. This is accomplished by structuring the portfolio sa that the secu- rities mature concurrent with cash needs to meet anticipated demands. ~Zrther- more, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secandaiy or resale markets. Portions of the portfolio znay be placed in interest- bearing checking/savings accounts with qualified public depositories. Securities and Exchange Commission registered - -money market -funds- vKitl~ ~hn higheat - -- -- credit quality rating from a nationally recognized rating agency, or local govern- ment investment pools which offer some- day liquidity for short-term funds. Stipp. No. 34 136 ADMINISTRATION (3) Investment income. Without compromis- ing safety and liquidity, the highest pos- sible total return should be obtained on the village's funds. Income will include interestJdividends received as well as any realized or unrealized gains and losses of principal of the underlying security. (d) Performance measurements. The invest- ment income objective is to regularly exceed the average rate of return on three month U.S. Trea- sury Bills, or the average rate on federal funds, whichever is higher. These indices are considered benchmarks for risk-free investment transactions and therefore comprise a minimum standard for the portfolio's rate of xeturn. The investment program may seek to augment returns above this threshold, consistent with risk limitations identi- fied herein and prudent investment principles. (e) Prudence and ethical standards. (1) Prudence. The standard of prudence to be used shall be the "prudent person rule," which states that: Investments shauld be made with judgment and care, un- der circumstances thou pre- vailing, which persons of pru- dence, discretion, and intelligence exercise in the management of their own af- fairs, not fox speculation, but for the investment, considor- ing the probable safety of their capital as well as the probable income to be de- rived from the investment. The chief financial officer, or other per- sons performing the investment func- tions, acting in accordance with written policies and procedures, and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, pro- vided deviations from expectations are reported immediately and that appropri- ate action is taken to control adverse developments. § 2-4 (2) Ethical standards. Officers and employ- ees involved in the investment process shall refrain from personal business active ity that could conflict with the proper execution and management of the invest- ment program, or that could impair their ability to make impartial decisions. Em- ployees and investment officials shall dis- close any material interest in financial institutions with which they conduct busi- ness. They shall further disclose any per- sonal financial investment positions that could be related to the performance of the investment portfolio. Employees and offic- ers shall refrain from undertaking per- sonal investment transactions with the same individual with whom business is conducted on behalf of the village. (fj Authoriized inuestments. The village may invest and reinvest, in accordance within the objectives stated in subsection III, in the follow- ing: (1) Interest-bearing checking or savings ac- counts in qualified public depositories as defined in F.S. section 280.02. (2) Interest-bearing time deposits in quali- fied public depositories as defined in F.S. section 280.02. (3} The local government surplus funds trust fund or any intergavernmental invest- ment pool authorized pursuant to the Florida Interlocal Cooperation Act as pro- vided in F'.S. section 163.01. (4) Securities and Exchange Commission reg- isteredmoney market funds with the high- est credit quality rating from a nationally recognized rating agency. (5) Direct obligations of the United States Treasury. (6) Federal agencies and instrumentalities. (7) Securities of, or interest in, any open-end or closed-end management-type invest- ment company or investment trust regis- teredunder the Investment Company Act of 1940, 15 U.S.C. sections SOa-1 et seq., as amended from time to time, provided that the portfolio of such investment com- Supp. No. 24 136.1 § 2-4 NORTH PALM BEACH CpDE pony or investment trust is limited to obligations of the United States Govern- ment or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Gov- ernment obligations, and provided that such investment company or investment trust takes delivery of such collateral ei- ther directly or through an authorized custodian. (8} Other investments authorized by law or by ordinance by the village. (g) Maturity and liquidity requirements. The village's investment portfolio shall be structured to provide sufficient liquidity to pay obligations as they come due. Furthermore, to the extent possi- ble, an attempt will be made to match. investment maturities with known cash needs and antici- pated cash flow requirements. Unless matched to a specific cash flow, the village will not directly invest in securities maturing more than three years from the date of purchase. Authorized Maturity Investments Range Maxim.urn % Open-end or closed-end man- 5 years 2Q% agement-type investments/ trusts (i) 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. (~} 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/doalers selected by cred- itworthiness. (k) Third party custodial agreements. All secu- rities purchased by the village shall bo properly designated as an asset of the village and shall be {h) Portfolio composition. The following are the limits for investments and limits on security issues, and maturities in the portfolio. The chief financial officer has the option to further restrict investment in selected instruments, to conform to the present market conditions. Authorized Investments Interest-bearing checi~ng or savings accounts Interest-bearing time depos- its held in safekeeping with athird-party custodial institution. The third-party custodian will be re- quired to designate alI securities held as assets of the village. No withdrawal of securities, in whole ar in part, shall be made from safekeeping, except by the chief financial officer, or his/her respective Matrcrity designees. Securities transactions between a bro- Range Maximum % ker-dealer and the custodian involving purchase or sale of securities by transfer of money ar NIA 100% securrities must be made on a "delivery vs, pay- -- -- _ -- wentbasis~i~ ~ppli~able,to~n~,~•~ thatr the 3 years 20% custodian will have the security or money, as appropriate, in hand at the conclusion of the transaction. The Local Government Sur- N/A 106% plus Funds'I4~ust li'und/inter- governmentalinvestment pool Securities and Exchange Cam- N/A 50% mission registered money market funds Direct obligations of the 6 years 809'0 United States'I4~easury Federal agencies and inatru- 5 years 84%a mentalities (1) Muster repurchase agreement. All approved institutions and dealers transacting repurchase agreements shall execute and perform as stated in the master repurchase agreement. All repur- chase agreement transactions shall adhere to the requirements of the master repurchase agree- ment. (m) 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 $upp. No. 24 13F).2 AIaMINISTIi.A'1'ION will analyze and select one or more optimal types of investments and competitively bid the security in question when feasible and appropriate. laax- cept asotherwise required bylaw, the bid deemed to best meet the investment objectives specified in subsection IIT must be selected. (n) Internal controls. The chief financial officer shall establish a system of internal controls de- signed to prevent losses of funds, which might arise from fraud, employee error, misrepresenta- tion by third parties, or imprudent actions by employees of the village. Such internal controls shall be in writing and made a part of the village's operating procedures and shall be reviewed by independent auditors during the course of peri- odic financial audits as may be required of the village. (o) 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. {pj Reporting. The chief financial officer shall prepare an annual investment report, which shall include securities in the portfolio by class and type, book value, income earned, and market value as of the report date. The report will be provided to the legislative and governing body of the village. The xeport shall be available to the public. (q) Securities; disposition. (1) lt.~very security purchased on behalf of the village insist be properly earmaxked and; a. If registered v,~ith the issuer or its agents, must be immediately placed for safekeeping in a location that protects the village's interest in the security; b. If in book entry form, must be held for the credit of the governing body by a depository chartered by the federal government, the state, or any other state or territory of the United States which has a branch or princi- pal place of business in the state as defined in F.S. section 658.12, ar by a national association organized and existing under the laws of the United § 2-4 States which is authorized to accept and exercise trusts and which is doing business in the state, and must be kept in the depositary in an ac- count separate and apart from the assets of the financial institution; ar c. If physically issued to the holder but not registered with the issuer or its agents, must be immediately placed for safekeeping in a secured vault. {2j The village may also receive bank trust receipts in return for investment of sur- plus funds in securities. Any trust re- ceipts received must enumerate the vari- orzs sec~.u•ities held, together with the specific number of each security held. The actual securities on which the trust re- ceipts are issued may be held 6y any bank depository chartered by the federal gov- ernment, the state, or any other state as defined in F S. section 658.12, or by a national associations organized and exist- ing undex the laws of the United States which is authorized to accept and execute trusts and which is doing business in the state. (r} Sule of securities. When invested funds are needed in whole or in part for the purposes originally intended or far more optimal invest- ments, the chief financial officer may sell such investments at the then-prevailing market price and place the proceeds into the proper account or fond. (s) Policy conside~•ations. (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 po]icy. {2j Amendments. This policy shall be re- viewed on an annual basis. The village council must approve any changes, as wel] as the individuals} charged with maintaining internal controls. Supp. No. 33 137 2-4 NOItI'H I'AI,M 13EACII Cf]IlE (t) Delegation of authority. The finance direc- tor is the chief financial officer of the village axzd is responsible for investment decisions and activ- ities. The village znay retain a registered invest- ment advisory firm to assist in the investment management process. No person may engage in an investment ta•ansaction except as provided under the terms of this policy and the procedures established hereunder. Authorized signatories are the chief financial officer, the village manager azzd floe village mayor. These individuals are also authorized to initiate wire transfers for the village. All investment transactions require approval by two {2) of the depositary signatories. (Ord. No. 31-95, § 1, 10-26-96; Ord. No. 15-2001, Editor's note-Ord. No. 31-95, adopted Oct. 26, 19~J6, has been codified herein at the discretion of the editor as §' 2-4. Sacs. 2-5 2-15. Reserved. ARTICLE Ii. COUNCiL~' DNISION 1. GENERALLY Sac. 2-16. Coa€topensation. The compensation of all members slotted to the village council other than the mayor is hereby fixed at the suzn of seven hundred fifty dollars ($750.00) per month. The compensation of the mayor is hereby fined at the swn of nine hundred dollars ($980.60) per month. - _ - (Code 1970, § 2-7; Ord. No. 20-78, § 3, 8-10-78; Ord. No. 2-$8, § 1, 1-1~1-88; Ord. No. 16-97, § 1, 3-13-97; Ord. Na. 29-99, § 1, 8-26-99; Ord. Na. 200G-17, § 1, 9-14-06) Charter reference--Compensation, Art. ITI, ~ 4. Sec. 2-17. Regular meetings-When hold. The regular meetings of the village council shall be held on the second and fourth Thursdays of each month. {Code 1970, § 2-8) Charter re€erence-Meetings pracsdnre, 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 alosenee of both the mayor and vice_mayor, the president pro tem shall preside. fib) 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 terlnination 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. Sec, 2-19. Adjournment of all meetings. All regular meetings, special meetings and workshop meetings f'or the village council shall be adjourned on ar 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 an the agenda of the next meeting of the village council pertaining thereto. (Ord. No. 24-79, § 1, 11-8-79) Secs. 2-2fl-2-26, Reserved. DIVISION 2, RULES OF PROCEDURE Sec. ~-26. Order of business. The following order shall be observed in the transaction of business, but such order may be varied by unanimous coz~sent of the councilmen present: (1) Rall call; Charterreference--Legialativepravisions generally,Art. tCharter reference-Authority to detennine raise of III. procedure, Art. III, ~ 9(b). Sapp. No. 33 138 ADMINI$TRATIpN action is based on an actuarial review by an enrolled actuary who is a member of the Society of Actuaries. (f) All portions of Division 3, Pension and Certain Other Benefits for General Employees, of Article V of Chapter 2 of the Code of Ordinances that are not in conflict with this Section 2-158 shall have full applicability to this optional ben- efit plan. (Ord. No. 12-96, § 2, 3-28-96; Ord. No. 28-96, § 1, 'T-25-96; Ord. No. 35-2003, §§ 2, 3, 12-11-03; Ord. No. 16-2004, § 2, 7-22-04) Sec. 2-158.1. Optional benefit plan no. 2. Cost of lining adjustment. The amount of pen- sion benefit will be increased or decreased in accordance with the changes in the consumer price index published by the U.S. Bureau of Labor Statistics. Adjustments of pension payments will be made on October 1 of each year reflecting the change in the consumer price index aver the 12-month period ending April 1 of that year. The maximum increase or decrease in the member's pension benefit for any one (1} year is three (3) percent. However, the member's pension benefit can never be reduced below the amount the mem- ber received at date of retirement. Such adjust- ments shall apply to each retirement, survivor or disability benefit in pay status as of each October 1. This provision is mandatory fpr all employees hired after the effective date of this section and such employees shall contribute two (2) percent of their salary for this benefit. The cost of living adjustment and contribution of salary as specified in this section shall be optional with all employ- ees who were hired prior to the effective date of this ordinance. The cost of living adjustment (COLA) set forth herein shall apply to all forms of benefits sot forth in sections 2-148, 2-I49 and 2-158 of this Code. For general employee group members and bar- gaining unit employee group participants, the cost of living adjustment (COLA) shall not apply to lump sum calculations for employees hired by the village subsequent to the effective data of the ordinance from which this section derives. {Ord. No. 13-2000, § 1, 5-11-Q0; Ord. No. 25-2005, § 3, 9-8-05; Ord. No. 27-2005, § 3, 9-29-05) § 2-159 DIVISION 4. PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES* Sec. 2-159. Definitions. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accrued benefit means the portion of a member's normal retirement benefit which is considered to have accrued as of any date. A member's accrued benefit as of any date shall be equal to two and one-half {2~/a) percent of his average monthly earnings multiplied by his credited service, with a maximum benefit equal to sixty (60} percent of average monthly earnings. Far purposes of this calculation, average monthly earnings and cred- ited service as of the data of detexmination shall be used. The accrued benefit is considered to be payable in the plan's normal form commencing on the member's normal retirement date, with such date determined as through the member remains in full-time employment with the employer. Accumulated contributions means a member's awn contributions plus interest credited thereto, if any, by the board. Actuarial equivalence or actuarially equivalent means that any benefit payable under the terms of this plan in a form other than the normal form of benefit shall have the same actuarial present value on the date payment commences as the normal form of benefit. For purposes of establish- ing the actuarial present value of any form of payment, other than a lump sum distribution, all future payments shall be discounted for interest and mortality by using seven ('T) percent interest and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five (5) years in the case of disability retirees. In the case of a lump sum distribution, the actuarial present value shall be determined on tho basis of the same mortality rates as just described and the Pension Benefit *Editor's note-prdinance No. 9-82, enacted June 10, 1982, did not expressly amend the Code; hence, codif"icatian of §§ 1-11 as herein set out in §§ 2-159 2-189 was at the discretion of the editor. Croas references-Fire division, § 12-29 et seq.; police, Ch. 23. Supp. No. 31 150.5 § 2-159 NORTH PALM BEACH CODE Guaranty Corporation's interest rates for termi- nating single employer plans, which. rates are in effect: (1) Ninety (90} days prior tQ the member's date of termination if distribution is made within six (8) months of such date, or (2) Ninety (90) days prior to the distribution date if distribution is made more than six (8) months after date of termination. Average monthly earnings means one-sixtieth of earnings of a member during the five (5) years of his employment within the last ten (10}years of employment, which is greater than the total dur- ing any other five (5) years during the ten-year period; provided that if a member shall have been employed for fewer than five (5) years, such average shall be taken over the period of his actual employment. Beneficiary means the person or persons enti- tled to receive benefits hereunder at the death of a member who has or have been designated in writing by the member and filed with the board. If no such designation is in effect at the time of death of the member, or if no person so designated is living at that time, the beneficiary shall be the estate of the member. Board means the board of trustees which shall administer and manage the plan herein provided and serve as trustee of the fund. - Lr-editecl-service means the- tot~i number-nf- --- years and fractional parts of years of service expressed as years and completed months, during which a person serves as an employee as defined below, omitting intervening years and fractional parts of years, when such person may not be employed by the employer; provided, however, such person may have, without interrupting his other years of credited service, up to one (1}year's leave of absence. Notwithstanding the foregoing, na employee will receive credit for years ar fractional parts of years of service for which he has withdrawn his contri- butions to the pension fund for those years or fractional parts of years of service unless he repays into the pension fund the contributions he has withdrawn, with interest, within ninety (90} days after his xeemployment, as provided in sec- tion 2-160 below. Further, an employee may voluntarily leave his contributions in the pension fund for a period of five (5) years after leaving the employ of the employer, pending the possibility of his being rehired, without losing credit for the time he has participated actively as an employee. Should he not be reemployed within five (5) years, his con- tributions shall be returned to him without inter- est. It is provided further that credited sorvice shall include any service, voluntary or involuntary, in the armed forces of the United States, provided the employee is legally entitled to reemployment under the provisions of the Universal Training and Service Act or any similar law; and provided further that the employee shall apply for reem- ployment within the time and under the condi- tions prescribed by law. For any person who becomes a member of the system on or after October 1, 1978, such military service shall not be credited if he is receiving or will receive in the future a retirement benefit from the federal gov- ernment based in whole or in part on such mili- tary service. Early retirement date means for each member the first day of the month coincident with or next following the date on which he attains his fiftieth (50th) birthday. Earnings means a member's gross salary, in- cludingovertime, public safety pay increment and special pay, but excluding bonuses, such as lon- gevity, safety and attendance awards and any other nonregular payments such as unused sick leave or vacation time pay. Effective date means March 1, 1987, the date on which this plan initially became effective. The effective date of this restated plan is the date as of which the village council adopts the plan. Employee means each actively employed fiill- time firefighter and police officer of the village. Employer means the Village of North Palm Beach, Florida. Bupp. No. 31 150.2 ADMINISTRATION Firefighter means any person employed in the fire department who is certified as a firefighter as a condition of employment in accordance with the provisions of F.S. section 633.35, and whose duty it is to extinguish fires, to protect life, and to protect property. Fund means the trust fiend established herein as part of the plan. 1Vlember means an employee who fulfills the prescribed participation requirements. Normal retirement date means for each mem- ber the first day of the month coincident with or next following the dato on which he attains his fifty-fifth (55th} birthday. Amember may retire on this normal retirement date or an the first day of any month thereafter. Plan or system means the Village of North Palm Beach Fire and Police Retirement Fund as contained herein and all amendments thereto. Plan year means each year commencing on October 1, and ending an September 3Q. Police officer means any person employed in the police department who is certified as a law enforcement officer as a condition of employment in accordance with the provisions of F.S. section 943.14, and who is vested with authority to bear arms and make arrests, and whose primary re- sponsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic or highway laws of the state. Any public safety officer who is responsible for performing both polico and fire services and who is certified as a police officer or firefighter shall be considered a police officer. § 2-159 Supp. Na. 31 151 ADMINISTRATION § 2-161 Spouse shall mean the lawful wife or husband ployed by the employer shall be permitted to of a member at time of preretirement death or "buy-back" his previous credited service under the retirement. following conditions: (Ord. No. 9-52, § 1, 6-10-82; Ord. No. 1-92, § 1, (1) The length of time between the member's 2-13-92; Ord. No. 30-9b, §§ 1, 2, 10-12-95) termination date and his subsequent re- employment date is not limited. Sec. 2-160. Membership. (a) Conditions of eligibility. Each person who becomes an employee must become a member of the plan as a condition of his employment. Each such employee shall be considered a member on the October 1 coincident with or next following the first anniversary of his date of employment or reemployment as an employee. (b) Application for membership. Each eligible employee shall, within thirty (30) days of becom- ing eligible, complete an application form cover- ing the following points, as well as such other points or items as may be prescribed by the board: (1} Acceptance of the terms and conditions of the plan; (2) Designation of a beneficiary nr beneficia- ries; (2} The member must pay into the fund an amount equal to the sum of the amount he withdrew from the fund when he termi- nated employment, plus interest thereon at the rate of seven (7) percent from the date of withdrawal to the date of repay- ment. (3) The board shall notify the employee of the total amount payable, as described above. Payment must be made within ninety (90) days of such notification. {4) Upon timely payment of the required amount, the employee shall immediately be reinstated as member of the plan and shall be given credit for his previous cred- ited service. (Ord. No. 9-82, § 2, 6-10-82; Ord. No. 1-92, § 2, 2-13-92) Sec. ~-161. Benefit amounts. (3) Authorization of a payroll deduction pay- able to the plan as hereinafter provided; (a) Normal retirement benefit. {~l) Provision of acceptable evidence of his date of birth; (5) A certified statement as to prior medical history; and (6) A written release allowing distribution of all medical records to the board. (c) Change in designation of beneficiary. Amem- bermay, from time to time, change his designated beneficiary by written notice to the board upon forms provided by the board. Upon such change, the rights of all previously designated beneficia- ~7es to receive any benefit under the plan shall cease. (d) Buy-back of previous service. Each member of the plan who terminates his employment with the employer and who is subsequently reem- (1) Amount. Each member who retires on or after his normal retirement date shall be eligible to receive a normal retirement benefit commencing on his actual retire- ment date. The monthly normal retire- ment benefit shall be an amount equal to two and one half (21/a) percent of his average monthly earnings multiplied by the member's credited service. The maxi- mum benefit is sixty (60) percent. (2} Form of benefit. The normal retirement benefit shall commence on the member's actual retirement date and be payable on the first day of each month thereafter, with the last payment being the one next preceding the retiree's death, with one hundred twenty (120) monthly payments guaranteed (10 years), 1f the member should die before one hundred twenty (120) monthly payments are made, pay- Supp. No. 26 153 § 2-161 NORTH PALM ]3EACH CODE ments are then continued to the desig- natedbeneficiary until one hundred twenty {120) monthly payments in all have been made, at which time the benefits cease. (3} Optional forms of benefit. In lieu of the form of benefit just described, a member may choose an optional farm of benefit as provided in section 2-162 below. {4) One hundred (10~) percent vesting. Each member who attains normal retirement date or reaches ten (10) years of credited service shall be one hundred (100) percent vested in Choir accrued benefit. {b) Early retirement benefit. Amember retiring hereunder on ar after his early retirement date may receive either a deferred or an immediate monthly retirement benefit as follows: (1) A deferred monthly retirement benefit which shall commence on the normal re- tirement date and shall be continued on the first day of each month thereafter during his lifetime, guaranteed for one hundred twenty (120) monthly payments. The amount of the benefit shall be deter- mined and paid in the same manner as for retirement at the member's normal retire- ment date except that average monthly earnings and credited service shall be determinod as of his early retirement date; or {d} Preretirement death. (2) Tf a member dies prior to the normal retirement date and is then employed by the village and has ten (10) years of credited service, such member regardless of age shall receive pension benefits as set forth in subsection (3). (3) The members specified in subsection (2) above shall receive a benefit equal to the member's vested accrued pension as com- puted under section 2-161(d) and shall be payable to the designated beneficiary in equal, consecutive monthly installments over ten (10) years. The benefit payments specified herein shall commence upon death of the plan member and approval of the pension board. _-- _ - ---{2~ _ -An-immediate-monthl3rretirementbenefit-- - (e) Disability~etirement. -- - - which shall commence on the member's (1) Amember may retire from the service of early retirement date and shall be contin- the village under the plan if prior to his ued on the first day of each month there- ' , normal retirement date he becomes dis- after during the member s lifetime and , abled as defined in subsection (2) hereof. guaranteed far one hundred twenty (120) Such retirement shall herein be referred monthly payments. The benefit payable to as disability retirement. To be eligible shall be as determined in subparagraph for anon-duty disability benefit a mam- 1 above reduced b three ercent er {) ~ Y p p , ber shall have ten (10) or more years of year by which the starting date of the credited service. There is no years of ser- benefit precedes the normal retirement vice requirement for eligibility for a duty date. disabilit benefit. Y (c) Benefit formula. The benefit formula appli- cable in all cases of retirement shall be that in effect on each member's employment termination date. (2) a. Non-duty disability. A member will be considered for anon-duty disabil- ity benefit if in the opinion of the board, ho is wholly prevented from 5upp. No. 26 154 (1) If a participant who is no longer an em- ployee of the village dies prior to the normal retirement date and has attained age fifty (50} and had ten (10} years of credited service, a pension benefit of fifty (50) portent of the amount the participant would have been entitled to, actuarially reduced for early retirement, shall be paid to the surviving beneficiary for as long as the beneficiary shall live. Such amount shall be based on the amount payable under the fifty (50) percent joint and survivor option, reduced actuarially to the age of the beneficiary. ADMINISTRATION § 2-161 rendering useful and efficient ser- be at least forty-two (42) percent of vice as a police officer or firefighter, the disabled member's average and such member is likely to remain monthly earnings. so disabled continuously and perma- nently. Provided however the cause (4) Na member shall be permitted to retire was nat one of the exclusions listed under the provisions of this section until in subsection {YO}. examined by a duly qualified physician or surgeon, to be selected by the board For b. Duty disability. A member will be that purpose, and is found to be disabled considered for a duty disability ben- in the degree and in the manner specified efit, if in the opinion of the board, he in this section. Any member retiring un- is wholly prevented from rendering der this section shall be examined period- useful and efficient service as a po- ically by a duly qualified physician or lice officer or firefighter, and such surgeon or board of physicians or sur- member is likely to remain so dis- geans to be selected by the board for that abled continuously and permanently purpose, to determine if such disability and the board finds that his injury or has ceased to exist. illness arose out of and in the course of his employment with the village. (5) The normal form of benefit payable to a Provided however the cause was not member who retires with a total and one of the exclusions listed in sub- permanent disability as a result of a dis- section (IO). ability commencing prior to his normal retirement date is the monthly income (3) Disability benefit. Amember retiring an a payable for ten (10) years certain and life. disability retirement from the village shall The disability retiree may also choose any receive a benefit as follows: of the optional benefits available in sec- tion 2-162 of this plan. a. Non-duty disability benefit. The amount of the benefit for the non- (6} a. Tha monthly retirement income to duty disability benefit is determined which a member is entitled in the and paid in the same manner as for event of his disability retirement will retirement at the normal xetirement be payable on the first day of each date except that average monthly month. The first payment will be earnings and credited service shall made on the first day of the month be determined as of the member's following the later to occur of: last date of employment with the 1. The date on which the disabil- village. In any event the non-duty ity has existed far six (6) months, disability benefit shall be at least or twenty-five {25} percent of the dis- 2, The date the board approvas abled membex's average monthly the payment of such retirement earnings. income. b. Duty disability benefit. The amount b. The last payment will be: of the benefit fox the duty disability benefit is determined and paid in the 1. If the member recovers from same manner as for retirement at the disability prior to his nor- the normal retixement date except mal retirement date, the pay- that average monthly earnings and ment due next preceding the credited service shall be determined date of such recovery; or as of the member's last date of em- 2. If the member dies without re- ployment with the village. In any covering from his disability or event the duty disability benefit shall attains his normal xetirement Supp. No. 26 155 § 2-1fi1 NORTH PALM BEACH COME date while stiIl disabled, the taring such service, which physical exam- payment due next preceding his ination including electrocardiogram failed death or the one hundred twen- to reveal any evidence of such condition. tieth (120th) monthly payment, In order to be entitled to presumption in whichever is later. the case of hepatitis, meningococcal men- c. Any monthly retirement income pay- ingitis, or tuberculosis, the member must menu due after the death of a dis- meet the requirements of F.S. §].12.181. abled member shall be paid to the ~`1Te ~~ decision whether a member meets member's designated beneficiary. the requirements for duty disability pen- sion rests with the board and shall be (7) If the board finds that a member who is based on substantial competent evidence receiving a disability retirement income on the record as a whole. is, at any time prior to his normal retire- {10) A member will not be entitled to receive Trent date, no longer disabled, as provided any disability retirement income if the herein, the board shall direct that the disability is a result of: disability retirement income be discontin- ued. Recovery from disability as used a. Excessive and habitual use by the herein shall mean the ability of the mem- member of drugs, intoxicants, or nar- ber to rendor useful and efficient service cotics; as a police officer or firefighter. b. Injury or disease sustained by the i (8) If the member recovers from the disability member while willfull and ille all Y g Y and reenters the service of the village as a participating in fights, riots, civil police officer or firefighter, his service will instu~°ections or while committing a be deemed to have been continuous, but crime• ' the period beginning with the first month c. Injury or disease sustained by the for which he received a disability retire- member while serving in any armed ment income payment and ending with. forces; the date he reentered the service of the d. Injury or disease sustained by the village will not be considered as credited member after employment has ter- service far the purpose of the plan. urinated' (9) Any condition or impairment of health of e. Injury or diseaso sustained by the a member caused by tuberculosis, hyper- member while working for anyone __ __ _ _ - _ _ tension, heart disease, hardening of the___ _ other than the village and arising arteries, hepatitis, or meningococcal men- out of such employment. ingitis resulting in total ar partial disabil- {~ Te~'mination benefits dnd nesting. ity or death, shall be presumed to be accidental and suffered in the line of duty (1) Each member who terminates employ- unless the contrary be shown by compe- went with the employer and who is not tent evidence. Any condition or impair- eligible for any of the retirement, death, ment of health caused directly or proxi- or disability benefits set forth herein shall mately by exposure, which exposure receive from the fund within a reasonable occurred in the active performance of duty time following his date of termination a at some definite time or place without refund of his accumulated contributions. willful ne li ence on the art of the mem- g' g F Provided, however that if at the time of r bar, resulting in total or partial disability, his termination of employment the mem- shaIl be presumed to be accidental and bar has ten (10) or more years of credited suffered in the line of duty, provided that service, he shall have the option of either such member shall have successfully receiving his accumulated contributions eased a h sical examination u on en- p P Y P or his accrued benefit a able commenc- P Y ` Supp. No. 26 156 ADMINISTRATION ing at the date which would have been his normal retirement date had he remained in full-time employment with the em- ployer. The member may direct that his accrued benefit, reduced as for early re- tirement, commence at age fifty (50) or any date thereafter provided his accumu- lated contributions are not withdrawn. (2) A refund of accumulated contributions to a member or his beneficiary shall consti- tute afull and complete discharge of any and aA rights to claims or benefits under the system by the member or his benefi- ciaries. (g} Cast of living adjustment. The amount of pension benefit will be increased ar decreased in accordance with the changes in the consumer price index (CPl-W U.S.) published by the U.S. Bureau of Labor Statistics. Adjustments of pen- sion payments will be made on October 1 of each year reflecting the change in the consumer price index aver the twelve-month period ending April 1. The maximum increase or decrease in the member's pension benefit for any one {1) year is three (3}percent. However, the member's pension benefit can never be reduced below the amount the member received at date of retirement. Such adjustments shall apply to each retirement, sur- vivor or disability benefit in pay status as of each October 1. {h) Limitation on benefits. In no event may a member's annual benefit exceed the limitations of Internal Revenue Code Soction 415 as such pro- visions apply to governmental pension plans. The provisions of Internal Revenue Code Section 4I5 that apply to governmental pension plans are hereby incorporated into this plan by reference. (Ord. No. 9-82, § 3, 8-14-82; Drd. No. 20-82, § 1, 11-18-82; Ord. No. 1-92, § 3, 2-13-92; Ord. No. 6-95, § 1, 3-9-95; Ord. No. 30-95, § 3, 10-12-95; Ord. No. 20-2000, §§ 1, 2, 8-10-00; Ord. No. 08-2001, § 1, 4-12-01; Ord. No. 13-2003, §§ 1-3, 5-8-03) Sec. 2-162. Optional forms of benefits. Each member entitled to a normal, early, dis- ability or vested retirement benefit shall have the right, at any time prior to the date on which § 2-162 benefit payments begin, to elect to have his or her benefit payable under any one {1) of the options hereinafter set forth in lieu of benefits provided herein, and to revoke any such elections and make a new election at any time prior to the actual beginning of payments. The value of op- tional benefits shall be actuarially equivalent to the value of benefits otherwise payable, and the present value of payments to the retiring momber must be at least equal to fifty (50) percent of the total present value of payments to the retiring member and his/her beneficiary. The momber shall make such an election by written request to the board, such request being retained in the board's files. {1) Option I-Joint and last sur•UiUOr option. The member may elect to receive a bene- fit, which has been adjusted to the actu- arial equivalent of the normal form of benefit, during his/her lifetime and have such adjusted benefit {or a designated fraction thereof, for example one hundred (100) percent, seventy-five ('I5) percent, sixty-six and two-thirds (66 z/3} percont or fifty (50}percent) continued after his death to and during the lifetime of his benefi- ciary. The election of option 1 shall be null and void if the designated beneficiary dies before the member's benefit payments com- mence. (2) Option 2-Social security adjustment op- tion. If a member retires before being eligible for social security benefits, he may elect this option. A member may elect to recoive a larger pension up to the date he begins receiving social security bene- fits. The member's pension benefits may be reduced or terminated after social se- curity payments begin. The amount of reduction shall be actuarially determined. {3) Option 3-Other. In lieu of the other op- tional forms enumerated in this section, benefits may be paid in any form ap- proved by the board so long as actuarial equivalence with the benefits otherwise payable is maintained. (Ord. No. 9-82, § 4, 6-10-82; Ord. No. 1-92, § 4, 2-13-92; Ord. No. 20-2000, § 3, 8-10-00; Ord. No. 13-2003, § 4, 5-8-03) 5upp, No. 26 156.1 § 2-163 NORTH PALM BEAGH CODE Sec. 2-].63. Contributions. member's accumulated contributions and t (a) Member contributions, subject to all provisions of this plan per- taining to accumulated contributions of (1) Amount. Members of the plan shall make members, The intent of this language is to regular contributions to the fund at a rate comply with section 414(h)(2) of the Inter- equal to two (2) percent of their respective nal Revenue Code. earnings. (2) Duration. The village shall pick-up, rather (3) Interest. Interest shall be credited to mem- than deduct from each member's pay, be- ber contributions as of September 30 of ginning with the date of employment, two each year at a rate equal to the change in (2) percent of tho member's basic tampon- the consumer price index, published by sation. The monies so picked-up shall be the U.S. Bureau of Labor Statistics, over deposited in the fund on a monthly basis. the twelve-month period ending on the An account record shall be maintained previous June 3©. The maximum rate for continuously for each member. Pick-up any year shall be seven (7) percent and contributions shall continue until death, the minimum rate shall be zero (0) per- disability ortermination of service, which- cent. ever shall occur first. Contributions shall remain in the fund unless withdrawn as (4) Guaranteed ~•efund. All benefits payable provided in the plan. No member shall under this plan are in lieu of a refund of have the option to choose to receive the accumulated contributions. In any event, contributed amounts directly instead of however, each member shall be guaran- having them paid by the village directly to teed the payment of benefits on his behalf the plan. All such pick-up contributions at least equal in total amount to his by the village shall be deemed and be accumulated contributions. t considered as part of the member's accu- mulated contributions and subject to all (b) State contributions. Any monies received or provisions of the plan pertaining to accu- receivable by reason of the laws of the State of mulated contributions of members. The Florida for the express purpose of funding and intent of this provision is to comply with paying for the benefits of police officers or firefight- Section 4i4(h)(2) of the Internal Revenue ers shall be deposited in the fund within the time Code. For paying Social Security taxes, prescribed by law. Such monies shall be for the and for such other purposes except as sole and exclusive use of members or may be used _ _ _ _ specified in this plan, the amount of em- " ~'° pay extr~b~nefit~far meml~er~ ployee contributions "picked-up or paid by the village will be added to the amount (c) Employer contributions. So long as this distributed on a current basis in order to determine total wages, salary, pay ar tom- plan is in effect, the employer shall make contri- pensation. In the event that the employer butions to the fund in an amount at least equal to agrees to assume and pay member contri- the difference in each year as between the aggre- butions in lieu of direct contributions by gate member and state contributions for the year the member, such contributions shall ac- and. tho total cost for the year as shown by the cordingly be paid into the plan on behalf most recent actuarial valuation report for the of the members. No member subject to system. The total cost for any year shall be such agreement shall have the option of defined as the total of normal cost plus the choosing to receive the contributed amounts additional amount sufficient to amortize the un- dixectly instead of having them paid by funded actuarial liability in accordance with ap- the employer directly to the plan. All such plicable Laws of the State of Florida. The employer's contributions by the employer shall be contribution shall be deposited on at least a deemed and considered as part of the quarterly basis. Supp. No, 26 1562 Chapter 14 HEALTH AND SANITATIQN* Art. I. In General, §§ 14.1-14•lb Art. II. Garbage, Trash and Refuse, §§ 14.16-14.63 Div. 1. Generally, §§ 14.16-14-22 Div. 2, Garbage Collection and Disposal, §§ 14-23-14-36 Div. 3. Abandoned, Inoperative and Junked Property, §§ 14-37- 14.63 Art. III. Reserved, $§ 14.84-14-fib Art. IV. Weeds and Brush, §$ 14.79-14.83 *Cross references-Enforcement of Ch. 14 by code enforcemena inspector, § 2-i71 et seq.; boat owners required to observe village health rules, § 5.15. aas HEALTH AND SANITATI©N ARTICLE I. IN GENERAL Secs. I4-1-14-15. Reserved. ARTICLE II. GARBAGE, TRASH AND REFUSE* DIVISION 1. GENERALLY Secs. I4-I6-I4-22. Reserved. DIVISION 2. GARBAGE COLLECTION AND DlsPOSAL Sec. 14-23. Definition. As used in this division, "commercial garbage" shall mean every refuse accumulation of animal, fruit or vegetable matter that attends the prepa- ration, use, cooking and dealing in, or storage of meats, fish, fowl, fruits or vegetables, and any othex matter of any nature whatsoever which is subject to decay and the generation of noxious or offensive gases ar odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects. (Cade 1970, § 1$-1) Cross reference-Rules of construction and definitions generally, § 1-2. Sec. 14-24. Garbage cans-Required. Garbage containers at each commercial estab- lishment within the village and at oath multifam- ily dwelling which contains three (3) or more units shall provide dumpster-type garbage con- tainers which can be collected by village garbage vehicles using the dumpster collection method. (Code 1370, § 18-23; Ord. No. G-75, § 1, 6-12-75) Sec. I4-25. Same-To be kept covered. All commercial garbage cans shall be kept tightly covered at all times, except when neces- sary to lift the covers for the purpose of depositing garbage in the garbage can ar for the purpose of emptying such garbage into a garbage truck. (Code 1970, § 18-24) Crass reference--R.efixse disposal divisions, § 2-85(e). Sec. I4-26. Frequency of collection. § 1428 Commercial garbage shall be collected at least three (3) times a week, and with greater fre- quency and in such manner as shall be directed by the village manager. {Code 1970, § 18-41) Sea. I4-27. Chaxges-Generally. All property within the village which is im- proved by a structure for which a certificate of occupancy is issued after February first of any year and for which garbage and trash collections are made by the village shall pay the following fees far collection and disposal of garbage and trash during the remainder of that calendar year in which the certificate of occupancy is issued: {1) One- and two-family homes, four dollars and twenty-three cents ($4.23) par dwell- ing unit per month, or fraction thereof (2) Dwellings of three (3) units or more, four dollars and twenty-three cents {$4.23) per unit per month, or fraction thereof. Where a dwelling of three (3) or more units is a condominium and the condominium asso- ciation or the developer of the condomin- ium notifies the director of public works, garbage and trash fees shall be billed to the individual owners of condominium units. (3) Far commercial establishments, four dol- lars and twenty-three cents ($4.23) per month, or fraction thereof. (Code 1970, § 18-49; Ord. No. 2-74, § 1; Ord. No. 2006-24, § 2,E.1, 11-3-06) Sec. I4-28. Same---Fee for excess amounts fr©m commercial establishments. In the event any commercial establishment has more than two {2) cubic yards of garbage at any one {1) pickup, the occupant thereof shall pay one dollar ($1.00) per cubic yard for all garbage col- lected in excess of two (2) cubic yards. In the event any commercial establishment has more than six {6) cubic yards of garbage picked up during any Supp. No. 3s 891 § 14-28 NORTH PALM BEACH CODE one (1) week, the occupant thereof shall pay one dollax ($1.00} per cubic yard for aIl garbage col- lected in excess of six {6) cubic yards per week. (Code 1970, § 18-48) Sec. 14-25. Same-When and where paid. All payments required by this division shall be made to the village by the fifteenth of the month far which service is rendered. All delinquent ac- counts are subject to stoppage of service without notice. if a delinquent account is not paid within thirty {30) days, the director of public works shall cease all refuse collection for that account unless otherwise directed by the village manager. Ser- vice shall be resumed thereafter only upon pay- ment of the accumulated fees for the period of collection and the period of noncollection unless the village manager specifically directs otherwise. The stoppage of service herein authorized for nonpayment of collection charges shaIl be in ad- dition to the right of the village to proceed for the collection of such unpaid charges in a manner provided by law. (Code 1970, § 18-53; Ord. No. 2-74, § 2; Ord. No. 2006-24, § 2.E,2, 11-9-06) Sec. 14-3©. Commercial use property waste disposal fees and collection pro- cedures. Total squaxe feet is as determined by the Palm Beach County Property Appraiser. (3} Waste disposal fees shall be due and pay- able to the village yearly in advance on October 1 of each year regardless of occupancy ox use of tho property charged. The fees shall be billed to the property owner of record as sho~.vn on the county tax rolls. Failure to pay the fees when due may result in the discontinuance of the waste removal service and/or the placing of a lien by the village council in the amount of the fees due against the property to which service is available, and/or action by the village code enforcement board. {4) The collection of garbage and trash by a private person, firm, or corporation hired for such pui~ose is prohibited except where dumpsters of greater than two-cubic-yard capacity are used. {Ord. No. 37-90, § 1, 10-25-90; Ord. No. 34-91, § 1, II-14-91; Ord. No. I8-92, § 1, IO-22-92; Ord. No. 19-94, § 1, 10-13-94; Ord. No. 8-96, § 1, 2-8-96; Ord. No. 3-98, § 1, 1-8-98; Ord. No. 29-200x, § 1, 9-28-00; Ord. No. 29-2002, § 1, IO-10-02; Ord. Na. 2006-20, § 2, 9-; Ord. No. 2006-28, § 2, 12-14-06- 00; Ord. No. 2007-21, § 2, 12-13-07) Secs. 14-31-14-36. Reserved. DIVISION 3. ABANDONED, INOPERATIVE AND cIIJNI3ED PROPERTY* (1) For purposes of this section, commercial Sec. 14-37. Definitions. use property shall include all property parcels in the village upon which a building exists with the As used in this division, the foIlowing terms - -- - exceptiion ~ residentiar use property, village- ~h~have-the-inrlic-ated-mea-rring~ owned property and other property used for gov- ernmental purposes. {2} Annual disposal fees for garbage and trash and all other refuse collected by the Village of North Palm Beach shall be charged as herein provided, except as otherwise stated. Occupancy Category Pee per Square Foot Low $ 0.049 Medium 0.132 High 0.702 Occupancy category is as determined by the Palm Beach County Solid Waste Autho~~ity. Motor vehicle includes all vehicles as defined in F.S. section 320.01(1), or as elsewhere defimed in the Florida Statutes, and shall include, in addi- tion, any vehicle which is self-propelled and de- signed to travel along the ground or water and shall include, but not be limited to, automobiles, buses, motor scontexs, motor bicycles, motorcy- cles, trucks, tractaxs, go-carts, golf carts, campers, trailers and motorboats. Private property means any real property within the village which is privately owned and which is not public property as defined in this section. *Cross reference-blotor vehicles and traffic, Ch. 18. Supp. No. 36 892 IIE~II:PII t1ND SA.NITAPION Public prooperty means any street or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly awned property or facil- ity. fCode 197, ~ 23-16; Ord. No. 7-73) Cross referenee~Rules of construction and definitions f;enerally, § 1-2. Sec. 14-38. Prohibited conditions; enumer- ated exception. No person sllall park, store, leave or allow or permit the storage, leaving or allowing of any abandoned, wrecked, dismantled, § 14-38 Snpg. No. 33 $92.1 HEALTH AN'D SANiTATIOIV rusted, junked or partially dismantled boat, trailer, machinery, appliance, plumbing fixtures or any similar articles of any kind ar parts thereof, whether attended or not, upon any public or pri- vate property or any such motor vehicle on pri- vate. property vvrthn the. village for.• a. period'- of time in excess o£seventy-two (72} hours. Tle pres- ence of an abandoned, wrecked, dismantled,, imp- erative;. rusted,, junked or partially dismantled. boat, trailer, machinery, appliance; plumbing fix- ture or any similar article of any kind or parts thereof' on private or~ public- pr. operty or any such motor vehi~le• on private property is hereby de= Blared to-be a. pulil'i~c~ nuisance; which may be. abated as such in accordance with the provisions of this article. These Code sections shall not apply to any motor vehicle, boat, trailer, machinery, ap- pliance, plumbing fixture or any similar article of any kind or parts thereof which are enclosed within a building on private property or held in connection with a business enterprise lawfully li- censed by the village and properly operating in the appropriate commercial zone pursuant to the zoning laws of the village. (Code 1970, § 23-15; Ord. No. 7-73) Crops reference-Zoning; App. C. Sec. 14-$9. Prima facie evidence of violation. Any motor vehicle, boat or trailer which shall not have lawfully affixed thereto a current license registration as required by the state and a cur- rent motor vehicle inspection sticker, where re- quired,, shall constitute prima facie evidence of a violation of section 14-38, unless such motor ve- hicle, boat ar trailer shall be so located as to be excepted in such section. (Code 1970, § 23-1G) • Sea I4-40. Notice to remove.. Whenever it comes to the attention of the vil- lage manager that any nuisance, as defined in section 14-38 of this Cade, exists in the village, a notice in writing shall be served upon the occu- pant of the land where the nuisance exists, or in case there is no such occupant, then upon the owner of the property or his agent, notifying them of the existence of the nuisance and requesting its removal in the time specified in this division. (Code T970, § 23-18; Ord. No. 7-73) Sec. 14.41. Notice procedure. § 14.44 The director of public safety of the village shall give the notice of removal provided for in section 14-40 to.the:owner or accupant-of the private prop- erfsy rylere. it is located,. ate feast five (5). days be- fore the time' aF` compli'an~ce.. It shall constitute sufficient notice,, when a copy of same is posted in a conspicuous- place- upon the private property on whiel• the abandoned, wrecked; dismantled arin- operative property is located and. duplicate copies are sent by registered. mail to the owner or occu- pant of-. the private property at his last known address:. (Cade 1970`,. § 23.20; Ord: No. 7-73) Sec. 14.42. Content of notice. The notice provided for in section 14-40 shall contain the request for removal within the time specified in this division, and the notice shall ad- vise that, upon failure to comply with the notice to remove, the village or its designee shall under- take such removal with the cost of removal to be levied against the owner or occupant of the prop- erty. (Code 1970, § 23-21; Ord, No. 7-73) Sec. 14.43. Re~pon~ibiiity for removal. Upon proper notice and opportunity to be heard, the owner of the abandoned, wrecked, dismantled or inoperative property as described in section 14-3$ and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal. In the event of removal and disposition by the vil- lage, the owner or occupant of the private prop- erty where same is located shall be liable for the expenses incurred. (Code 1970, § 23-19; Ord. No. 7-73) Sec. 14x44. Request for hearing. The person to whom notices are directed pur- suant to section 14-41, or their duly authorized agents, may file a written request for hearing be- fore the code enforcement board of the village within the five-day period of compliance prescribed &93 § i4-44 NORTH PALM BEACH CODE in section 14-41 for the purposes of defending the charges by the village. (Code 1970, § 23-22; Ord. No. 7-73; Ord. No. 14-85, § 1, 8.22-85) Sec. 14.45. Procedure for heax-ing. The hearing referred to in section 14-44 shall be held as soon as practicable after the filing of the request and the persons to whom the notices are directed shall be advised of the time and place of such hearing at least five (5) days in advance thereof. At any such hearing the village and the persons to whom the notices have been directed may introduce such witnesses and evidence as ei- ther party deems necessary. (Code 1970, § 23-23; Ord. No. 7-73) Sea. 14-48. Removal of property from pre- mises. If the violation described in the notice given pursuant to section 14-40 has not been remedied within the five-day period of compliance, or in the event that a notice requesting a hearing is timely filed, a hearing is had, and the existence of the violation is affirmed by the code enforcement board of the village, the director of public safety or his designee shall have the right to take possession of the abandoned, wrecked, dismantled, inoperative or junked property and remove it from the pre- mises. It shall be unlawful for any person to in- terferewith, hinder pr refuse to allow such person or persons ~o enter upon priva e proper y of~he purpose of removing such property under the pro- visions of this article. (Code 1970, § 23-24; Ord. No. 7-73; Ord. No. 14-85, § 2, 8-22-85) Sec. 14.47. Notice of removal. Within forty-eight (48) hours of the removal of property pursuant to this article, the director of public safety shall give notice to the registered owner of such property, if known, and also to the owner or occupant of the private property from which the property was removed, that such prop- erty has been impounded and stored for violation of this division. The notice shall give the location of where the property is stored and the casts in- curred by the village for removal. (Code 1970, § 23-25; Ord. No. 7-73) Sec. 14-48. Disposition of property. Upon removing property under the provisions of section 14-4fi, the village shall, after ten (10) days, cause it to be appraised, if the property is appraised at seventy-five dollars ($75.00) or less, the director of public safety shall execute an affi- davit so attesting and describing the property, in- cluding the license plates, if any, and stating the location and appraised value of the property. The director of public safety, after complying with the above, may summarily dispose of the property and execute a certificate of sale. If the property is ap- praised at over seventy-five dollars ($75.00), the director of public safety shall give notice of public sale not less than five (5) days before the date of the proposed sale. (Cade 1970, § 23-26; Ord. No. 7-73) Sec. 14-49. Contents of public sale notice. The notice of sale provided for in section 14-48 shall state: {1} The sale is of abandoned property in the possession of the village. (2) If the abandoned property is a motor ve- hicle, the description shall include the make, model, license number and any other information which will accurately identify it. Other property s e escri a as ac- curately as possible. (3) The terms of the sale. (4) The date, time and place of the sale. (Code 1970, § 23-27) sec. i4.5^u. runic sale. The property referred to in section 14-48 sold at a public sale shall be sold to the highest and best bidder. At the time of payment of the purchase price, the director of public safety shall execute a certificate of sale in duplicate, the original of which to be given to the purchaser, and the copy thereof to be filed with the village clerk. Should the sale 894 HEALTH AND SANITATION for any reason be invalid, the village's liability shall be limited to the return of the purchase price. (Code 1970, § 23-28; Ord. No. 7-73) Sec. 14-51. Redemption of impounded prop- erty. The owner of any property seized under the pro- visions of this division may redeem such property at any time after its removal but prior to the sale or destruction thereof upon proof of ownership and payment to the village treasurer of such sum as he may determine and fix for the actual and rea- sonable expense of removal, and any preliminary sale advertising expenses, not to exceed fifty dol- lars ($50.00} plus two dollars ($2.00) per day for storage of such property. (Code 1970, § 23-29; Ord. No. 7-73) Sec. 1452. Liability of owner or occupant. Upon the failure of the owner or occupant of property on which abandoned, wrecked, disman- tled, inoperative or junked property has been re- moved by the village to pay the unrecovered ex- penses incurred by the villago in such removal, a lien shall be placed upon the property for the amount of such expenses. {Cade 1970, § 23-30; Ord. No. 7-73) Secs. 14-53--14-63. Reserved. ARTICLE III. RESERVED Secs. 14.64-14-78. Reserved. ARTICLE iV. WEEDS AND BRUSH Sec. 14-79. Prohibited over certain height. No owner of any lot, place or area within the village, or the agent of such owzzer, shall permit vn such lot, place or area, or upon any sidewalk abutting the same, any weeds, grass, brush and noxious growths which are eighteen (18) inches in height or aver that may be growing, lying or lo- cated thereon. ECode 1970, § 44-11) Sec. 14-8©. Notice to destroy. § 14-82 (a) The village manager is hereby authorized and directed to notify in writing the owner of any lot described in section 14-79, or place or area within the village or the agent of such owner to cut, destroy andJor remove any growths described in such section which are eighteen (18) inches in height or over, growing, lying ar located in such owner's property, or upon the sidewalk abutting same. (b) Such notice shall be by registered mail ad- dressed to the owner or owner's agent at his last known address and shall be sent one (1} time each year on or about April first, advising such ownor or owner's agent of the necessity to cut, destroy and/or remove any such growths which are in vi- olation of this article throughout the forthcoming year at any and all times that such growths ex- ceed eighteen (18) inches. (c) No other notice shall be sent hereunder un- less the owner or owner's agent requests such no- tice in writing. If such written request is made, the village manager shall notify the owner or own- er's agent each time such growths on his property reach eighteen (18) inches by direct mail and shall wait five (5) days from date of mailing for the weeds to be cut, destroyed and/or removed before proceeding as set forth in section 14-81 of this chapter. (Code 1970, § 44-12} Sec. 14.81. Removal by village. Upon the failure, neglect ar refusal of any owner or agent notified, pursuant to this article, to cut, destroy and/or remove growths described in sec- tion 14-79 which are eighteen (].$) inches in height or over, growing, lying or located upon such own- er's property, or upon the sidewalk abutting same, the village manager is hereby authorized and em- powered to pay for the cutting, destroying and/or removal of such growths which are eighteen (18) inches in height or over, ar to order the removal by the village employees. (Code 1970, § 44-13) Sec. 14.82. Owner to bear casts of removal. When the village has effected the removal of growths described in section 14-79 or has paid for 895 § 14-82 NORTH P~1L,M BEACH'CODE their removal, the actual cost thereof, plus ac- crued interest at the rate-of six (6) percent per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next ' regular tax bill forwarded to such owner by the village, and such charge shall be due and payable by .such owner.at the time of•payment of~such tax bill. ~ ' (Code 1970, § 44-14) Seca 14.83. Recorded statement of removal - costs constitutes lien; collection. {a) Where the full amount due the village is not paid by the. owner within sixty {60) days after the - cutting, destroying and/or removal of growths de- scribed 'in section 14-79 which are eighteen (18) inches in height:or over, then and in that case, the village manager shall cause to be retarded iri the ~ . mortgage office Qf the viIlage a sworn statement showing the cost and expense incurred for the work and the date, place or property on which such work was done, and the recordation of such swain state- ment shall constitute a lien and privilege°o~ri the - ' propbrty, and shall remain in full force and effect ~ ' for the amount due`in principal and~interest, plus ~ ' costs of court, if any, for collection, until final pay- ment'has beer- made. (b) Such costs and expenses shall be collected in the manner fixed by law for .tbe; collection of taxes and, further, shall be sub3ect to a delin- quent penalty _of six {6) percent •in the event same _ . _ _ is not paid in. full on or he~ore the date the tax bill - - - upon vsrhich such charge appears ecomes a n- quent. ... _ . _ (c) .Sworn.. statements recorded in :.accordance with 'the provisions hereof ~sha11 be; prima; facie evidence that all logal formalities have been•com- - plied.with and that the work has;been done prop- erly and satisfactorily, and shall be. full notice to - - - every person .car~cerraed that the amount of the statEm~nt,-plus interest, constitutes a charge . ~ - against the property designated or .described in ' the statement and that the same, is due and:;col- ~" ' lectible as provided by law. '. _ ~ - . (Code 1970;.§ 44-15) .- . . f [The next page is 9451 -896 CODE COMPARATIVE TABLE Adoption Section Ord. No. Date Section. this Code 8 19-221 9 29-5(a} 10 App. C, § 45-20(9), (10} 11 App. C, § 45-3& Q(5) 2D07-Dl 1-11-07 2 Added 21-48 2007-43 2- $-D7 2 8-17 2007-1D 4-12-07 1 2-52(a) 2 2-54(3) 2007-13 7-12-07 1, 2 2-1 2007-18 10-25-D7 2 Added App. C, § 45-16.1 2007-17 10-25-07 2 Added 2-7.66(1)d. 2007-19 12-13-07 2, 7 18-34 3 2-173 2D07-2D 12-13-07 2 Rpld 9-16-9-21 3 9-16--9-19 2007-21 12-13-07 2 14-30(2} 2D08-Ol 1-10-08 2 6-115(F`} 2008-02 1-1D-D8 2 2-148 20D8-03 1-24-D8 2 10-5 Dltd 10-6-10-8 Rnbd 10-9 as 1D-$ Dltd 10-1D Rnbd 10-13 as 10-7 4 Rpld 10-58-10-64 3 10-76 Rpld 10-77 2008-D4 1-24-08 2 5-83 5-85 2008-OS 2-28-08 2 Added 19-11 20D8-07 4-10-08 2 36-23 2008-09 8-28-08 App. D Supp. No. 38 `~$9~ LThe next page is 2933] C©DE INDEX section Section A ALARI4IS (Cont`d.) Exemptions ..... . ...................... 19-21$ ABANDONMENT False alarms Abandoned, inoperative and junked prop- Excessive false alarms declared public arty ............................... 1437 et seq, nuisance.....,..,............... 19-212 See: GARBAGE AiYD TRASH Service charge; collodion ............. 19-213 Boats Fire division equipment; fne alarm system 12-53 Boat launching area; abandoned boats Identification required .................. 19-2i5 and equipment .................. 5-36, 5-37 System standards. ...................... 19-219 Generally ........ .................... 5_g Telephone trunk lines Dogs, other animals .............. ....... 4-14 Interference with public safety depart- ACTS BY AGENTS meal telephone trunk lines prohib- Definitiona and rules of conatructian ..... 1-2 ited ............................ 19-215 Violation and penalty ................... 19-214 ADMINISTRATIVE CODE Audit committee .... . .. . ................ 2-56 et seq. ALCOHOLIC BEVERAGES See: AUDITS Consumption on playgrounds and public Bonds required of certain officers........ 2-42 Pm'~••••••••••••••••••••••••••••• 3-3 Definition .............................. 2-39 Nudity, partial nudity, sexual conduct; pro- Departmental organization .............. 2-40 hibited at alcoholic beverage estab- Oaths of office lishments .......... . ........... . .. 3-4 Chief administrator and officers, form of Sales restricted; hours of sale ............ 3-2 oath ............................ 2-41fb) State law definitions adopted............ 3-1 14lembers of department of public safety, Zoning form of oath ..................... 2-41(c} Location of business for retail sales of Persons required to take oath of office . 2-41(a) alcoholic beverages ..... . . . ...... 45-20(2), Policy and procedures 45-38.N Department heads .................... 2-43(b) C-3 Regional Business District...... 45-34.1(9) Departments ......................... 2-43(c) AMBULAt~TCES Officers .............................. 2.43(x) Definition .............................- 17-50 ADULT ENTERTAINMENT ESTABLISH- Unlawful operation ..................... 17-51 I4IENTS Zoning regulations re, See: ZONING (Ap- A1l+l[1SEMENTS ANDA~bIUSEIvIENT PLACES pendix C} Coin-operated amusements; proximity to schools restricted .................. 19-4 ADVERTISING Handballs; distribution restricted......... 19-7 AND' OR Naiae control policy re loudspeakers and Defuzitions and rules of conatructian ..... 1-2 devices for advertising . . ........... 19-145 ANf11,IAI,S AND FOWL Signs and outdoor displays .............. 6-110 et seq. Abandanin g ............................ 410 See: SIGNS AND BILLBOARDS Birds AFFIDAVITS Molesting songbirds .................. 4-9 Home occupations; local business tax Village designated bird sanctuary; hunt" Affidavit of applicant required......... 17-3(e) ing prohibited ................... ~1-2 Cats. Bee herein: Dogs and Cats AFFIRMATION. See: OATH,AFFIR~tiIt1TION, Code enforcement board, applicability re.. 2-173 SW1;AR OR SWORN Contagious diseases, animals with ....... 4-11 Cruelty to animals ...................... 4-7 AGREE141ENTS. See: CONTRACTS AND Definitions ........ . .. ............ . ... 4-1 AGREEMENTS . . Dogs and cats AT,AR;'4Ig Collar and tag Alarm business central office required.... 19.215 Required .... ...................... 4-25 Alarm permit required . . ................ 13.208 Unauthorized removal ............. 426 Application for ............. . ......... 19-209 Impoundment Issuance ............................. 19-211 Disposition upon owner's failure to Terms; fees; nontransferable .......... 19-210 redeem . ............... . ...... ~1-30(d) Audible alarms ......................... 19-216 Notice............ ................. 4-30(b) Code enforcement board, enforcement Redemption by owner ......... . .... 4-34Ec) through ........................... 19-217 Required......... ................. 4-30(a) Definitions ............................. 19-207 Inoculation .......................... 4-24 Supp. No. 36 2935 NOIxTx PALM BEACH coDE Section ANIMAL,^a Aa~D FOWL (Cont'd.) Prohibited in certain areas; exceptions. 4-27 Rabies control. See herein that subject Registration ......................... 4-24 Running at large Cats .............................. 4-28(c) Dogs an property of ethers........,. 4-25{b) Dogs an streets and sidewalks ...... 4-28(a} Vicious, biting and attaclang dogs ..... 4-29 Waste removal Persons walling dogs responsible for removal of waste . ............. 4-31 Waste-removal implements, persons walking dog to carry .......... 4-32 1•;nfarcemant General enforcement ................. 4-5 Hindering enforcement ............... 4-4 eight, causing animals to ................ 4-S Keeping certain animals prohibited; excep- tian ............................... 4-6 Killing ................................. 4-3 14lolesting songbirds or domestic pets..... 4-9 Noise control policy re animal noises ..... 19-107 Nuisances, animals creating ........ . .... 4-12 Poisoning .............................. 4-3 Rabies control Death or destxuctivn, reporting........ 4-4s Muzzles; when required ............... 4-45 I3,abid animals Confinement ...................... 4-43 Duty tv report; impounding........ , 4-44 Nuisance, declared .. ... ........... 4-42 ANNEXATION Planning and development; filing fees and Section APPEAIi.Aa~ICE PLAN {AgpendixA) {Cant'd.} 11~Iaintenance for good appearance Buildings and appurtenances.......... VII(B) Public property ....................... VII(C) Site ................................. VII{A) Participation and incentives ............. VI Statement of policy ..................... II ARCFIAEOLOCTICAL SITE PROTECTION Appeals ................................ Applicability ............................ Archaeological review, development sub- ject tv ............................ . Certificate to dig ........................ Cost ................................... Definitions ............................. Hearing ................................ Intent .................................. Purpose ................................ Violations and penalties ................ . ASSEi41BLIES Meetings of boards and commissions; ad- journment of ...................... Meetings of specific boards, etc. See spe- cific subjects Park and recreation area; meetings and gatherings ......................... See: PARKS, PLAYGROUNDS AND RECREATION A'II,AN`I'IC OCEAN Regulations governing constz-action of docks, piers in Lake Worth and Atlantic Ocean ......... .................... cost for voluntary annexation of land 21-2 AUDITS Audit coxumittee ANTENNAE Access to records ............. . ...... . Zoning regulations ...... ................ 45-2I Administrative services............... APPEARAI~ICE PI=ALY (Appendix A} Composition; terms; vacancies......... - mate=Section citatiun~ contained-lzerei~ Created- - - - - - .~ - - - - ~.- ... - . ~_.~ refer to section citations found tivithin Duties ... . .......................... . Appendix A) Organization ......................... ........ Administration .............. ... V Removal............................. Areas of jurisdiction ..................... III Basis .................................. I g Criteria for appearance Building and site to adjoining area, re- BATFIING lationship of .................... N(B) Diseased persons prohibited from bathing Building design ... . .................. N(D) in. public pools, etc. ............... . Buildings to site, relationship of.... , .. N(A) Evaluation, factors for ................ N{H) BICYCLES Landscape and site treatment......... Dr{C) Park regulations ........................ Maintenance-planning and design fac- Subdivisions, required improvements re tors ............................ N{G) bikeways.......................... Miscellaneous structuresand stxeethard- BILLBOARDS. See; SIGNS AND BILL- ware .................. . ........ N{F) BOARDS Signs ............................... Definitions ............................ N(E) VIII BIRDS. See: ANINL4LS AND FDWL 21-107 21-102 21-104 21-105 21-106 21-103 21-108 21-101 21-101 21-108 2-3 2D-22 et seq. 5-85 2-56 2-57 2-52 2 54 2-53 2-55 19-$ 20-8 38-29.1 Sapp. Na. 3s 2936 caDE 1NDi;x Section Section BLOCKS BOATS, DOCKS AND WATERWAYS (Cont'd.) Subdivision design standards ............ 36-18 Navigation canals .................. 5-58 Surety bond prerequisite to issuance BOARDS, COMMITTEES AND COMMIS- of building permit in certain SIONS. See: DEPARTMENTS AND cases .. . ...................... 5-61 OTHER AGENCIES OF VILLAGE Docks and piers BOATS, DOCKS AND WATERWAYS Construction in waters other than Abandoned boats ....................... 6-8 Lake Worth and Atlantic Ocean, Anchoring and mooring regulations governing .... , .... 5-84 Limitation on anchoring and mooring in Defmitivns ........................ 5-81 prohibited area; mooring permit Generally ......................... 5-82 required ........... 5-18 Lake Worth and Atlantic C<eean, reg- Mooring limitations in lagoons (private ulataons governiug construction docks} .......................... 5-16 in.....,........,...........,. 5-85 Unlawfully anchored or moored vessels Minimum design requirements...... 5-83 Claiming of vessel by owner; payment Variances ......................... 5-86 of tests ....................... 5-23 Erosion control structures Department of public safety to im- Construction ...................... 5-95 pound ........................ 5-19 Control ........................... 5-96 Owner to be notified upon impound- Definitions ........................ 5-93 went ......................... 5-20 Permitted, when................... 5-94 Procedure in event owner cannot be Piers. See within this subheading: Docks found ........................ 5-21 and Piers Reclamation o£ owner after sale..... 5-24 Seawalls. See within this subheading: Unclaimed vessel to be sold; certifica- Bulkheads and Seawalls tiara of sale ................... 5-22 Definitions............................. 5-1 Use of vessel for dwelling purposes in Disturbing other boats .................. 5-6 prohibited area .................. 5-25 Exhibition boats exempted from certain Authority of city to board boats violating restrictions ........................ 5-4 provisions .. . . . ............ . ....... 5-17 blood damage prevention provisions ...... 12.5-1 et seq. Boat launching area See: FLOOD DAt'1+LAGE PREVIaNTION Abandoned boats and equipment Fheling of marine craft .................. 5-26 Disp©sitian ............. . - 5-36 Health and sanitation requirements Recovery .......................... 5.37 Cleanliness of docks.................. 5-11 Designated; use restricted ............. 5-33 Observance of village health and con- Fermits required duct rules ....................... 5-10 Boats remaining for more that 24 Pollution of waterways ................ 5-13 hours ........................ 5-35 Refuse disposal....................... 5-12 Repairs prohibited .................... 5-34 Living aboard boats restricted ........... 5-15 Vehicle/trailerparking in designated ar- Mariue sanctuaries eas ............................. 5-35 Designation of waters as marine sanctu- Violation; penalty ................... . 5-38 aries Bulkhead lines ......................... 7-1 et seq. Area tv be regulated ............... 5-101(c} Sea: BULKHEAD LINES Areas designated .................. 5-101(b) Coastal construction code ................ 6-15I et seq_ Construction of provision , .......... 5-101Ed) See: COASTALCONSTRUCTIONOODE Definition ......................... 5-101(a) Oode enforcement hoard, applicability re.. 2-173 Mooring, docking, or beaching of boats on Construction requirements public or private property without Bulkheads and seawalls permission ......... . .............. Compliance with provisions required 5-89 Parking Inspection required ................ 5-73 Boating equipment; parking on residen- Permitfee ......................... 5-72 tial property restricted........... 1$-35 Specifications ...................... 5-71 Prohibited parking upon right-of--way of Submission of plans and specifics- specific roadways ................ I8-34.1 tiaras . ...... . ................. 5-70 Rnnn;ng engines, hours in residential dis- Canals tricts .............................. 5-14 Canal crossings .................... 5-60 Searchlights, use af..............,...... 5-7 Compliance with provisions required 5-56 Speed limits; wakes ..................... 5-2 Drainage canals ................... 5-59 Subdivision provisions re waterways ..... 36-22 et seq. General requirements .............. 5-57 See: SUBDIVISIONS (Appendix B) Supp. No, 3s 2937 NORTH PALIVi BEACH CODE Section Section BOATS, DOCKS AND WATERWAYS (Cont'd.) BUII.D]IVGS (Cant'd. ) ~ixnming in restricted waters .......... 5-3 ltiIiasiles, throwing ...................... 19-$3 Water skiing ............................ 5-5 Noise from building ..... , ............... 19-102 Watorways board ....................... 5-102 et seq. Obstructing passageway................. 19-47 Outdoor displays. See herein: Signs and BOISTEROUS CONDUCT Outdoor Displays Noisy and boisterous .................... 19-145 Park and recreation facilities; erecting biuId- BONDS Inge or structures ...... . ........... 2©-3 Administrative code; bonds required of ter- Public land, construction on prohibited ... 6-1 taro officers ...... . ........ . ....... 2-42 Signs and outdoors displays ............. 6-110 et seq. Cana] construction; surety bond prerequi- See: SIGNS AND BILLBOARDS site to issuance of building permit... 5-61 Smoke, dust, odors, liquids, etc........... 19-9 Finance director, duties re ............... 2-59(7} Spitting iu public places pralxibited....... 19-5 Village manager ........................ 2-117 Stormwater management; level of finished floor of structures .................. 21-63 BRUSH. See: WEEDS AND BRUSH Subdivision regxxlatiaus ................. 36-1 et seq. BUILDINGS See: SUBDIVISIONS (Appendix B) Appearance code Swimming pools ........................ 25-1 et seq. Appeals and review ................... 6-35 See: SWIx171bIING POOLS Appearance plan ..................... 6-33 Zo~ling regulations ........... . .......... 45-1 of seq. Certificate of appropriateness See: ZONING (Appendix C) Final hearings ......... . ........... 6-57 BULIO:IEAD LINES Follow-up by building inspector ..... 6-60 Cade enforcement board, applicability re.. 2-173 Planning commission 1'astablishad; designated ................ . 7-1 Action of ......... . ........ . ..... 6-5$ filling operation beyond bulkhead line pro- Approval by ..................... 6-59 hibited............................ 7-2 Preliminary consideration .......... 6-56 l~il;r~g permit Defiuitivn ............................ 6-31 Application fees...................... 7-19 Intent and purposes ............ .... 6-32 AppIicativn;issuance........ 7-1$ Planning commission, powers and du- Expiration data; renewal; revocation... 7.20 Iles re .......................... 6-38 public hearing prerequisite to consider- Short title . .......................... 6-34 anon ............... , ........... 7-17 Appearance plan (Appendix A). See that Required ............................. 7-16 sub,{ect Unlawful fill; removal ................... 7-3 Coastal construction code ................ 6-i51 et seq, See: COASTAL CONSTRUCTION CODE BULKI3EAD5 Code enforcement board, applicability re.. 2-173 Bulkheads and seawalls, construction re- Cades quirements re ..................... 5-69 et seq. Appearance code. See herein that sub- See: BOATS, DOCKS AND WATER- ject WAYS Building code ........................ 6-17 --- -- - - - - - Coastal constr-netion code . . ........ . .. 6-151 et seq. ~USINES~REGUL-ATI61~i~- Electrical code ....................... 11-11, I1-12 Ambulances....................,....... 17-50, 17-51 Energy efficiency building cads ........ 6-150 Businesses located outside village limits Fire prevention code.......... ....... 12-16 et seq. Application for certificate of regulation. 17-34.2 Llvusing code ......................... 15-1, 15-2 Certificate of business regulation re- Country club ........................... 9-1 et seq. quired; basis of one year ......... 17-34 See: COUNTRY CLUB Commercial vehicles, marking of ...... 17-34.13 Electrical code .......................... 11-11, I1-12 Compliance by principal deemed campli- Energy efficiency building code ante by agent ................... 17-34.8 Adapted by reference ................. 6-150 Delinquency penalty.................. 17-34.4 Flood damage prevention ...... . ........ . 12,5-1 et seq. Doing business not covered by certifi- Sae: FLOOD DAMAGE PREVENTION cats of regulation ................ 17.34-7 Housing code ........................... 15-1, 15-2 Duplicate certificates of regulation..... 17-34.fi Landscaping . ........................... 27-31 et seq. Duration............................. 17-34.3 See: LANDSCAPING False statements IYfinimum construction standards Certifcato obtained void ab initio ... 17-34.7 Authority ............................ 6-1G Engaging in business without certifi- Codes adopted ...................... . 6-17 sate of regulation or under cer- Violations and penalty ................ 6-19 tificate issued vn.............. 17-34.11 Supp. Na. 3& 293$ coDE INDEx FIRE PREVENTION AND PROTECTION (Confd.) Emergency medical technician volun- teers ........................... Equipment Acquisition ........................ Fire alarm system ................. Generally ......................... Housing ...... ..................... Private use of equipment.......... . Tampering with equipment ........ . Impersonating fireman . . ............ . Motor equipment and members' cars des- ignated emergency vehicles ...... Personnel Badges ............................ Car insignia ....................... Other ofl-icvrs accountable to chief.. . Police assistance ............. . .... . Special police powers .............. . Volunteer firefighters, length of service award plan for ................. . See: PENSIONS AND RETIREMENT Florida fire prevention code Adopted by reference ................. Fire inspection fee schedule .. , ... , ... . Hazardous substances, cost recovery for cleanup, abatement and removal of Authority of public safety department. . Cost reimbursement to village........ . Definitions ........................... Exceptions for fire suppression services Late fee for failure to reimbursement , . Records .............................. Remedies ............................ Pension and certain other benefits far fire and police employees ............. . . See: PENSIONS AND RETIREMENT F1REAl;MS Ah3D WEAPONS Concealed weapons, carrying ........... . Forfeiture; disposition .................. . Possession .............................. Sales restricted Record of sates required .............. Specified weapons, display and sale of . Switchblade knives prohibited......... Stench bombs prohibited ................ See: STENCH BOMBS FLOOD DA141AGE PREVENTION Abrogation and greater restrictions ..... . Areas of special flood hazard Basis for establishment ... . .......... . Warnings regarding designations ..... . Building official Designated as #lood damage control ad- ministrator ..................... Duties and responsibilities ........... . Definitions ............................. Section Section FLOOD DAMAGE PREVENTION (Cont'd.} Development permit Required .... ......................... 12.5-22 12-32 Findings of fact ......... ................ 12.5-2 Flood hazard reduction provisions 12-52 Coastal high hazard areas ............ 12.5-44 12-53 General standards 12-51 Anchoriug ......................... 12.5-41(1} 12-54 Construction materials and methods 12.5-41(2} 12-55 Enclosures below lowest floor ....... 12.5-41(6) 12-56 Mechanical and utility equipment... 12.5-41(5} 19-8 Subdivision proposals .............. 12.5-41(4) Utilities ........................... 12.5-41(3) 12-31 Regulatory Iloodways ................. 12.5-43 Sand dunes and mangrove stands ..... 12.5-45 12-41 Specific standards 12-42 Nonresidential construction......... 12.5-42(2} 12-39 Residential constructien......,..... 12.5-42(1} 12-43 Interpretation .......................... 12.5-9 12-4D Lands to which provisions applies........ 12.5-6 Methods of reducing flood Iasses ......... 12.5-4 2-170 et seq. Noncompliance, penalties for ............ 12.5-11 Statement of purpose and objectives...... 12.5-3 Statutory authorization ................. 12.5-i 12-16 Variance procedure ..................... 12.5-24 12-17 FLORIDA, STATE OF. See: STATE FOLLOWING, PRECEDING 12-102 Definitions and roles of construction ..... 1-2 12-103 12-101 FOOD AND FOOD PRI;PARA,TION 12-ID5 Barbecue grills and similar cooking devices 19-10 12-106 FORFEITURES. See: FINES, FOR.FEI'I`t)R.ES 12'104 AND OTHER PENALTIES 12-Ia7 FOWL. See: ANIMALS AND FOWL 2-159 et seq. FRANCHISES Enumerated, See Appendix D Use of rights-of--way for utilities.......... 28-1 et seq. 19.184 See: UTILITIES 19-I86 19-183 G 19-I85(c} GAMBLING I9-1$5(b) Animals, causing to fight ......... . ...... 4-8 19-185(x) GARAGE AND OTHER SALES 19-82 Garage sales ............. 17-&1 Permit required ........................ 17-62 Violations and penalties ................. 17-63 12.5-8 GARBAGE AND TRASH Abandoned, inoperative and junked prop- 12.5-7 city 12.5-10 Definitions ........................... I4-37 Disposition of property ................ 14-48 Hearing 12.5-21 Procedure for hearing .............. 14-45 12.5-23 Request for hearing ................ 14.44 12.5-5 Impounded property, redemption of .... 14-51 Supp. Nv. 36 2943 NOR'T'H PALi41 BEACII CODE GARBAGE AND TRAST-I (Cont'd.) Liability of owner or occupant........ . Notices Content of notice ................. . Contents of public Sala notice ...... . Notice of removal .................. Notice to remove .................. . Procedure ......................... Prima facie evidence of violation...... . Prohibited conditions; enumerated ex- ceptions ........................ Public sale ........................... Removal of property from premises ... . Responsibility far removal ........... . Boats; refuse disposal .................. . Garbage colIectiou and disposal Charges Commercial use property waste dia- posal fees and collection proce- dures ........................ Fee for excess amounts from commer- cial establishments ..... , .... . Generally ......................... When and where paid........ , .... . Definition ............................ Frequency of collection ............... . Garbage cans Kept covered ...................... Required .......................... Landscaping; refuse container areas...... Public works department Refuse disposal division ............... Weeds and brush ....................... See: WEEDS A~VD BRUSH GATHERINGS. See: ASSEMBLIES GENDER Definitions and rules of construction ... , . GOLF ADVISORY BOARD - - - - - -- -Sompositionand terms - _ ~__ u - - - - - - - - - - Compositioa .... . .. . ................ . Officers .............................. 'Perms ............................... Creation ............................... Duties ................................. Meetings ............................... GUNS. See: FIREARMS AND WEAPONS Ih IIANDBILLB Distribution restricted ................. . HANDGUNS. See: FIREARMS AND WEAP- ONS HANDICAPPED PERSONS. See: DISABLED AND HANDICAPPED P>~xsoNs Section Section F1A7.ART)OUS SUBSTANCES 14-52 Recovery of costs for cleanup, abatement and removal ....................... 12-141 et seq. 14-42 See: FIRE PREVENTION AND PRO- 14-49 TECTION 14-47 14-40 HEALTH AND SANITATION 14.41 Animals and fowl, provisions re .......... 4-11 et seq. 14-39 See: ANMAI.S AIVD FOWL Bathing regLLlations 14-38 Diseased persona prohibited from bath- 14-50 ~g m Public pool, etc............ 19-3 14-48 Boats, docks, etc., provisions re .......... 5-IO et seq. 14-43 See: BOATS, DOCKS AND WATER- 5-12 ti~FAYS Code enforcement hoard, applicability re.. 2-173 Gazbage and trash ...................... 14-23 et seq. See: GARBAGE AND TRASH Park and recreation facilities; failure to coogerate i_n keeping restrooms neat 14-30 or sanitary ........................ 20-2 Rabies control .......................... 4-42 et seq. 14-28 See: ANIArdALS AND FDWL 14-27 Weeds and brush ....................... 14-79 et seq. 14-29 See: WEEDS AND BRUSH 14-23 14-26 HEDGES. See: FENCES, WALLS, HEDGES AND ENCIaOSUR.ES 14-25 14-24 HTTCHHIKING 27-41 Prohibitions ............................ 19-6 HOME OCCUPATIONS 2-85(2) Customer service requirements and perfor- 14-79 at seq. mance standards ................... 17-2 Definitions ............................. 17-3(b) Effective date ........................... 17-3(i) Local business tax. See also that subject Generally ............................ i7-16 et seq. 1_2 Home occupation provisions Affidavit of applicant required ...... 17-3(e) Appeals ........................... 17-3(g} -1'Z 1lequir~ment-ef-business~ax receigtT -17~(c) 9-17(a} Permitted uses, home occupations as ..... 17-3(a) 9-17(c) Repeal of ordinances .................... 17-3(h) 9-17(b) Standards.......... ...... 17-3{d) 9-16 Violation of standards or conditions deemed 9-19 a Code violation ................... 17-3(f} 9-18 HORNS Noise control ........................... 19-103 HOUSING Boats, docks and waterways; anchoring and mooring 19-7 Use of vessel far dwelling purposes in prolbited area .................. 5-25 HOUSING CODE Adopted by reference .................... I5-1 Amendments ........................... 15-2 Code enforcement board, applicability re.. 2-173 Supp. Na. 36 2944 CODE INDEX IMPERSONATION Impersonating police officer; fireman or other village official ............... . IMPODNDI4IENT Abandoned, inoperative and junked prop- erty Redemption of impounded property ... . Boats, docks and waterways; unlawfully anchored ar moored vessels Department of public safety to im- pound ........................ Owner to be notified upon impound- ment ......................... Dogs and cats .......................... INDECENCY A i~I} OBSCENITY Adult entertainment establishments Zoning regulations re. See: ZONING (Ap- pendix C) Alcoholic beverage establishments; nudity, partial nudity, sexual conduct prohib- ited ............................... Toglesa costumes ....................... Vulgar language ........................ Window peeping ........................ INSURANCE EXCISE TAXES Casualty insurance premiums ........... Property insurance premiums, .......... . INTRACOASTAL WATERWAY Marine sanctuary, designation as ... , , , , . INVE,S1`~IENTS Investment policy of the village ......... . J JOINT AIJTHORITY Definitions and rules of construction .... . Section LAND (Cont'd,) Planning and development ........... . . . 19-8 See: PL?,A7NINGAND DEVELOPMENT Subdivision regulations ................ . See: SUBDIVISIONS (Appendix B) 14-51 5-19 5-20, 5-21 4-30 3-4 19-64 19-65 19-66 26-16 26-17 5-10I 2-4 1-2 LA1~IDSCAPING Accesaways ............................. Appearance plan (Appendix A). See that subject Application of provisions; enforcement... . Cortain yard areas, off street parking and other vehicular use areas Effisting plant material .............. . Installatian .......................... Maintenance ............... .......... Parking area interior landscaping .... . Perimeter landscaping relating to abut- ting properties .................. Plant material Ground covers ..................... Lawn grass ........................ Quality ........................... Shrubs and hedges ................. Tree species ....................... Vines ............................. Required landscaping adjacent to public rights-of-way .................... Scope, applicability ................... Sight distance adjacent to public rights- of-way and poin#s of access...... . Certificate of completion ................ . Cade enforcement board, applicability re. . Completed landscaping required far certif- icate of use and occupancy... , ..... . Defnvtiona ............................. Improved nonresidential properties in ex- istence on September 23, 1971 Applicable requirements ............. . Excoptivns ........................... Objectives ........................... Planning commission, submission of plans to .............................. Objectives .............................. Off-street parking landscape manual .... . Plat use plan appravaI prerequisite to issu- ance of permits far building and pav- ing . .............................. Refuse container areas .................. Scope; applicability ..................... Weeds and brush ....................... See: WEEDS AND BRUSH Zoning ordinance, conflict with.......... . JUNK Abandoned, inoperative and jtu~ked prop- erty ............................... 14-37 et seq. See: GARBAGE AND TRASH K KNIVES. See: FIREARMS ALYD WEAPONS I. LAKE WORTH I4larine sanctuary, designation as ....... . Regulations governing construction of docks, piers in Lake Worth and Atlantic Ocean ............................. LAt~1D Buildings; construction on public land pro- hibited ............................ 5-I01 LIBRARY Damaging Property unlawful ........... . 5-85 Department of lihrary Libraxi:an ............................ Library board Appointment ......................... 6-1 Compensation, service without ....... . Section 21-O1 et seq. 36-1 et seq. 27-36 27-33 27-67 27-60 27-61 27-65 27-64 27-62(e} 27-62(f} 27-62(a) 27-62(c) 27-62{b) 27-62(d) 27-63 27-59 27-66 27-35 2-173 27-37 27-31 27-40(b) 27-40(c) 27-40(a) 27-40(d) 27-32 27-38 27-37 27-41 27-34 14-79 et seq. 27-39 16-1 2-33 16-17 16-20 Supp. No. 37 2945 NORTH PALM BEACH CDDE Section LIBRARY (Cont`d.) Composition ......................... 16-17 Established .......................... 16-16 Meetings ............................ 16-23 Organization ......................... 16-21 Powers and duties .................... 16-22 Qualifications ........................ 16-19 Removal from office .................. 15-24 Term of office ........................ 18-17 Vacancies ............................ 16-18 LICENSES AND PERI4IITS Alarm permit ........................... 19-248 et seq. See: ALARMS Boat launching area permits ............. 5-34 Boats, docks and waterways Limitation on anchoring and mooring in prohibited area; mooring permit required ........................ 5-18 Bulklxead lines; filling permit ............ 7-16 et seq. Sea: B[3LKHEAD L1NES Brdkheads and seawalls ......... . ....... 5-72 Code enforcement board, applicability re.. 2-173 Community development department Permits and inspections .............. 2-112(1) Driveways. See herein: Sidewalk and Drive- way Permits Emergency medical services ...... . ...... 11.5-21 Flood damage prevention development per- mit ............................... 12.5-22 Garage, related sales .................... 17-62 Home occupations. See also that subject Generally ............................ 17-16 et seq. Business tag receipt for home occupa- tions ......................... 17-3(c)et seq. Noise control; special permits excepted ... 19-119 Park and recreation facilities; meeting and gathering permits ....... . . ......... 20-31 et seq. See: PARKS, PLAYGROUNDS AND RECREATION _$eawalls,_See Herein: &nikheads and Sea- walls Sidewalk and driveway permits.......... 24-55 et seq. See: STREETS, SIDEWALKS AND PUB- LIC PLACES Street excavation permits ............... 24-28, 24-29 Swimming pool permits ................. 25-3 Utilities Ilse of rights-v£ way for utilities; written permit .......................... 28-2, 28-3 LOCAL BuslNESS TAX Regulations enumerated ................. 17-16 et seq. See: BUSINESS REGULATIONS LODGING Unauthorized lodging and camping....... 19-11 LOGO Village logo ............................. 1-10 Section LOTS Subdivision design standards ............ 36-18 Zoning regulations ...................... 45-1 et seq. See: ZONING (P,ppendix C) LOUDSPEAKERS Noise control policy re loudspeakers and devices for advertising ............. 19-105 h+i I+IANAGER. See: VILLAGE R7ANAGER MANGROVE STANDS Flood damage prevention provisions...... 12.5-45 it1APS. See: SLrIi.UEYS, MAPS AYD PLATS MARINI; SAt\TCTUARIES Designated ............................. 5-101 MAY, SHALL Definitions and rules of construction ..... I-2 itifAYOR Civil disorders and disturbances Mayor designated local authority forpres- ervation of public peace.......... $-21 Village council; presiding officer at meet- ings ............................... 2-18 k1EASURES. See: WEIGHTS AND MEA- SURES MEDICAL SERVIOES Emergency medical services .............. 11.5-21 et seq. See: EIYLERGENCIES MEETINGS. See: ASSEIvIBLIES MISSILES, STONES, ETC. Throwing missiles ...................... 18-$3 i4TONTH Definitions and soles of construction ..... 1-2 -- 1VIDNUMENTS Subdivisions, required improvements re .. 36-27 1~IDTDR VEHICLES AND TRAFFIC Ambulances ............................ 17-54, 17-51 Businesses located outside village limits; marking of commercial vehicles ..... 17-34.13 Combat Auto Theft (CAT) ............... 18-19 Fire division, provisions re cars and desig- Hated emergency vehicles........... 12-31 et seq. See: FIRE PREVENTION AND PRO- TECTION Hitchhiking prohibited .................. I9-6 Junked vehicles Abandoned, inoperative and junked prop- erty ............................ 14-37 et seq. See: GARBAGE AND TRASH Local business tax; marking of commercial vehicles ........................... 17-33.1 Supp. No. 37 2946 coDZJINDEX Section MOTOR, VEHICLESAND TRAFFIC (Cant'd.) Motorized seaoters ...................... 18-20 Noise control policy, provisions re ... , , , , . 19-103 et seci. See: NdISE Park regulations re traffic ............... 20-5 Section Supp. Nn. 37 294f .1 coDE 1rrDEx Section Section MOTOR VEHICLES AND TRAFFIC (Cont'd.) NOISE (Cont'd.) Parking. See heroin: Stopping, Standing Voluntary camgliance ................... 19-115 and Parking FubIic safety department NUDITY Police division, proviaiona re traffic.... 2-76(b)(5} Toeless costumes prohibited ............. 19-64 Stopping, standing and parking NUIStSNCES Parking restricted ............... ..... 18-34 Abandoned ins erative and unked ro p j P P- ~ Recreativnal,boatingand camping equip- erty.. .... . ........................ 14-37 et seq. meet, and personal recreational use See: GARBAGE AND TRASH trailers; parldng on residential prop- Animals creating nuisances .... . . . ....... 4-12 arty restricted ................... 18-35 False alarms Signs, parking in violation of.......... 1$-36 Excessive false alarms declared public Vehicle, trailer or bast parking prohib- nuisance ........................ 19-212 ited upon paved or unpaved area of Rabid animals declared nuisance......... 4-42 the road right-o£--way of specific Weeds and brush ....................... Z4-79 et seq. roadways ....................... 18-34.1 See: WEEDS AND BRUSH P~olations; fines Handicap spaces ................... 18-37 NUMBER Nvn-handicap spaces ............... 18-38 Definitions and rules of construction , . , , . 1-2 Vehicular operation Speed limits p Generally ......................... 18-16 Weight limitations on certain roads , . , . 18-18 OATH, AFFIRMAI`ION, SWEAR OR SWORN Administrative code, provisions re oaths of bIUSICAL INSTRUMENTS office .............................. 2-41 Noise control ........................... 19-I04 Definitions and rules of construction ..... 1-2 General employees retirement beard; oaths N of office ........................... 2-154 Reserve police force; oath required ....... 23-47 NOISE Animal noises .......................... 19-107 OBSCENITY. See: INDECENCY AND OB- Buildings, premises or property SCENITY Noise fiom ........................... 19-102 Code enforcement board, applicability re. , 2-173 C313STRUCTIONS Conduct, noisy anal boisterous ........ , .. 19-106 Passageways, obstructing ................ 19-47 Construction activity, permissible time far 19-111 OFFENSES Definitions ............................. 19-99 Definitions ............................. 19-1 Electronic audio equipment .............. 19-i04 Enumerated............................ 19-3 et seq. Enforcement See also specific offenses as indexed Authority ............................ 19-116 State misdemeanors adapted ............ 19-2 Procedure All other noises ............ . . ...... 19-I17(b} OFFICERS AND EMPLOYEES Motor vehicle noise enforcement, op- Administrative code ..................... 2-39 et seq. crating ........... . ........... 19-117(a) See: ADNlINISTRATNE CODE Engine exhaust ............. . ........... 19-10$ Aefinitions and rules of construction ..... 1-2 Esemptians ............................ 19-120 Elections ............................... 10-1 et seq. Fi<Yed mechanical equipment ............. 19-112 See: ELECTIONS Hares and signal devices ................ 19-103 Finance director ........................ 2-59 Loading, unloading and unpacking ....... 19-110 Golf advisory board ..................... 9-16 et soq. Loudspeakers and devices for advertising. 19-I05 See: GOLF ADVISORY BOARD Measmement procedure ................. 19-113 ImPersvnating village official ............ i9-8 Musical instruments .................... 19-104 Libra~lan.-............................. 2-93 Noise control measurement standards other Mayor ..................... . ...... . .... 2-18, 8-16 than motor vehicle noise standards.. 19-118 Pensions and retirement. See also that Noise control policy ..................... 19-100 subject Periods of observation ......... . . ........ 13-114 Length of service award plan for volun- Radios ................................. 19-104 tear firefighters ................. 2-170 et seq. Special permits excepted ................ 19-119 Pension and certain other benefits for Unnecessary, excessive or offensive noise fire and police employees ........ 2-159 et seq. Unlawful to make .................... 19-101 Pension and certain other benefits for Vehicle defect or condition of load ........ 19-109 general employees ............... 2-146 et seq. Supp. Na. 36 2947 NORTII PALIVI BEACH CODE Section Section OFFICERS AND EMPLOYEES (Cant'd.) I PA Ri~S,PLAYGROiJNDSANDRECREATION I Social security ....................... ~ 2-135 et seq. (Cont'd.} ' Pu61ic safety director .................... 2-75 Enforcement of provisions, responsibility . 20-7 Public works director ......... . .......... 2-84 Goif advisory board ..................... 9-16 et seq. Recreation director ...................... 2-110 See: GOLF ADVISORY BOARD Social security ................... ....... 2-136 et seq. Hours regulated ........................ 20-1 Sea: SOCIAL SECURITY 141eetings and gatherings Village clerk and deputy village clerk..... 2-67 et seq. Liability for loss ar injury ... . ......... 20-23 See: DOCUMENTS AND PUBLIC Permit RECOI?DS Appeal from refusal to issue ........ 20-35 Village manager ............ . ........... 2-115 et seq. Applicaf..ion........................ 20-33 See: VII.LAGE MANACTER Form . ............................ 20-32 Issuance standards ................ 20-34 OFFIOIAL TIME Required ..... . .. . ........ . • • • • • • • 20-31 Definitions and rules of construction .. , , , 1-2 : Revocation ....................... 20-36 OPEN SPADES. See: YARDS A~YD OPEN Rules and regulations, permittee bound SPACES by .............................. 20-22 Property used to violate provisions, confs- OR, AND cation of ............ .. ............ 20-9 Definitions and rules of construction ..... 1-2 Recreation advisory board ORDINANCES. See: CODE OF ORDI- Created ....... . ...................... 20-61 NANCES Duties ............................... 20-66 I4leetings ............................ 20-65 04VNER Officers' quorum, compensation........ 20-64 Def~nitians and rules of construction ..... 1-2 RemavaI .. . . . ........................ 20-53 Terms ............................... 20-62(b) 1, Vacancies ............................ 20-52(c) Restrooms, failure to cooperate in keeping PALM BEACH COUiVTY. See: COUNTY neat or sanitary ................... 20-2 Traffic PARKING Enforcement of traffic regulations ..... 20-5(2} Boat launching area Operation confined to roads ........... 20-5(5) Vehicle/trailer parking in designated ar- parking areas designated ............. 20-5(6) eas ... .......................... 5-35 Signs .. .............................. 20-5(3) Landscaping, provisions re off-street park- Speed of vehicles ...... . .. . ...... . .... 20-6(~1) ing ................................ 27-38,27-59 State motor vehicle laws.............. 20-5{1) et seq. Trees See: LANDSCAPING Climbing trees, etc ................. ... 20-4 . Parks; designated parking areas ......... 20-5{&} Use by public only .................... 20-1 Sto m standin and arkin PP~ g. g p g.......... 15-34 et seq- See: MOTOR VEHICLES AND TRAF- PENALTIES. See: FINES, FORFEITURES FIC AI~1D OTHER PENALTIES Zoning, provisions re o€F street parking ... 45-27 et seq. See: ZONING (Appendix C) pENSIONS AND RETIREMENT ICMA defined contribution pension plan PARKS, PLAYGROUNDS AND RECREATION Administrative services agreement and Alcoholic beverages adoption agreements ............ 2-170.14 Consumption on playgrounds and public Creation ............................. 2-170.12 parks . .......................... $-3 Effective date........................ 2-170.15 Bicycles Vesting period ........................ 2-170.13 Operation in. safe manner, etc.......... 20-5{2) Length of service award plan far volunteer Operation prohibited in certain areas .. 20-8(1) firefighters Boat launching areas Benefit formula ............. . ........ 2-170.6 Vehicleltrailer parking in designated ar- Contact person ....................... 2-170.10 eas ............................. 5-35 Effective date,.......... 2-170.3 Buildings or structure, erecting .......... 20-3 Eligibility ................. . .......... 2-170.4 Department of recreation Entitlemeut age ...................... 2-170.5 Director's duties Plan, name of ......... . .............. 2-170.2 Conduct community activity ....... , 2-110(2) Point system ......................... 2-170.11 Supervise recreation areas.......... 2.110(1) Preretirement death benefit........... 2-170.7 Ejectment of violators ......... . ......... 20-8 Purpose ... , .. , .............. , ....... 2-170 Supp. No. 36 2948 coDEINDEx Section Section PRDPERTY R, Abandoned, inoperative and junked prop- arty ............................... 14-37 et seq. g,ABIES CONTROL See: GARBAGE AND TRASH Provisions enumerated ...... . .. . ........ 4.42 et seq. Appearance plan {Appendix A). See that See: ANiIVIALS AND FOWL subject RADIOS Boats, docks and waterways; unlawfaliy Noise control ...... . .................... 19-104 anchored or moored vessels Police division, provisions re radio mainte- Unclaimed vessel to be sold; cextifica- nance ............................. 2-76(b}(6) tion o£sale ...................... 5-22 Definitions and rules of construction , . , , , 1-2 REASONABLE TIME Dogs on property of others ............... 4-28(b) Definitions and rules of construction ..... 1-2 Insurance excise taxes; property insurance RECORDS, See: DOCUMENTS AND PUB- gremiums ......................... 26-17 I,IC RECORDS Noise from pragerty ..................... 19-102 Subdivision regulations .. . . ............. 36-1 et seq. RECREATION. See: PAI1K, PLAYGROUNDS See: SUBDIVISIONS (Appendix B) AND RECREATION Unauthorized camping or lodging on public ar private graperty ................. 19-11 REFUSE. See• GARBAGE AND TRASH Weeds and brush ....................... 14-79 et seq. RESTROOMS See: WEEDS AND BRUSF3 Parks and reeraation facilities; failure to cooperate in keeping restraoms neat PUBLIC PLACES. See: STREETS SIDE- > or sanitary ........................ 2©-2 WALKS AND PUBLIC PLACES RETIREIYIENT. See: PENSIONS AND RE- PUBLICRECORDS. See: DOCUMENTSAND TIRENIENT PUBLIC RECORDS S PUBLIC SAFETY I)EPART'VLENT Boats, docks and waterways; unlawfully SAND DUNES anchored or moored vassals Flood damage prevention provisions...... 12.5-45 Department of public safety to impound 5-19 Director's duties SANITATION. See: HEALTH AND SANITA- ,LION Designate instructor .................. 2-75(2} Make assignments .............. . . . ... 2-75(1) SCHOOLS Divisions Coin-operated amusements; proximity to Fire schools restricted .................. 19-4 Fire fighting ....................... 2-76{c)(3) SEAWALLS Fire prevention .................... 2-76(c)(4) Bulkheads and seawalls, construction re- .Maintain equipment ............... 2-76(c)(2) quiremonts re ..................... 5-69 et seq. Report losses ...................... 2-76(c)(I} See: BOATS, DOCKS AND WATER- Generally ............................ 2-76(a) WAYS Police Crime prevention .................. 2-76(b)(3), (4} SEA[JALOFk'ENDERSANDSEXLTALPRED- lnvestigation ...................... 2-76(b)(3) ATORS Patrol ..... . ....................... 2-76(b)(2} Sexual offender and sexual predator resi- Radio ............................. 2-76{b)(6) dance prohibition .................. 19-31 Records ................. . ......... 2-76(b)(1) SEXUALLY-ORIENTED EN'1'ERTATNMENT Traffic ............................ 2-76(b}(5) Adult entertainment establishments Emergency medical services ............. 11.5-21 et seq. Zoning regulations re. See: ZONING (Ap- See: E141ERGENCIES pendix C} PUBLIC WORKS DEPARTMENT SHALL, MAY Director's duties ................... . .... 2-84 Definitions and rules of construction ..... 1.2 Divisions Division of facility and fleet mainte- SHRUBBERY. See: TREES AND SIIRUB- BE1~Y nance ........................... 2-85(1) Refuse disposal ......... . ............. 2-85(2) SIDEWALKS. See: STREETS, SIDEWALKS Street maintenance ................... 2-85(3) AIVD PUBLIC PLACES Supp. No. 37 2951 NORTH PALM BEACH CODE SIGNAL DEVICES Noise control .......................... . SIGNATURE, S[JBSCRIPTION Definitions and rules of construction .... . SIGNS AND BILLBOARDS Code enforcement beard, applicability re. . Country club; provisions re signs......... Outdoor displays. See herein; Signs and Outdoor Displays Parking in violation of signs ............ . Parks, regulations re traffic signs ....... . Signs and outdoor displays Construction standards ............... Design standards ..................... Exempt 5ign~ ... . . ..... . ............ . Location standards ................... Measurement determinations ........ . Permitted permanent accessory signs . , Permitted temporary signs . - ......... . Prohibited signs ...................... Previsions generally .................. Purpose aad acape of regulations , .... . Severability .......................... Zoning C-3 Regional Business District ....... . SOCIAL SECURITY Agreement authorized ................... Appropriations by village ..... . ......... . Declaration of policy ................... . Exclusions from coverage ............... . Records and reports ..................... Social security act adopted ............. . Withholding and reporting agent........ . Withholding from wages ................ . SPITTING Spitting in public places prohibited...... . Section STORMWATER MANAGEMENT (Cvnt'd.) 19-1.03 Stvrmwater retention systems .......... . Streets Minimum street grades .............. . 1-2 Raad5lde 5vTalee ................ Subdivisions, required improvements re . . 2-173 Water quality ........ ................... 9.2 Zoning; surface water management C-3 Regional Business District ....... . 18-36 20-5(3) 6-117 fi-117 6-112 6-117 6-116 6-115 6-114 6-113 6-111 6-110 6-118 45-34.1{7) 2-138 2-140 2-136 2-137 2-141 2-143 2-142 2-139 19-5 SPORTS - Golf advisory board ..................... 9-16 et seq. i - - - - - - - --See: GDDF ADVISORY BOARD STATE Defmitians and rules of construction ..... 1-2 STENCH BOMBS Excepted uses .......................... i9-$2(c} Possession prohibited ... ................ 19-82(b} Throwing or depositing .................. 19-$2(a} STORiVI4VATER MAiAATAGEMENT Adoption ............................... 21-61 Applicability ............................ 21-61 Design ................................. 21-61 Finished floor of structures, level of ...... 21-63 Objectives of system design ........... . .. 21-68 Open channels and outfell ditches........ 21-66 Past development iunvff rates, volumes and poIIutant loads ............. . .. 21-67 Storm drainage facilities generally ....... 21-64 STREETS, SIBEWALI{S AND PUBLIC PLACES Code enforcement board, applicability re. . Definitions and rules of construction .... . Dogs on streets and sidewalks .......... . >~,xcavatians Defiuitian ............................ Equipment to be guarded . . .......... . Liability of village ............ . ...... . Permits Fees .............................. Required .......................... Protective measures .................. Refilling, tamping by excavator....... . Resurfacing by village ............... . Handbills; distribution restricted......... Hitchhiking prohibited .................. Landscaping ............................ See: LANDSCAPING IVlissiles, throwing ...................... Motor vehicles and traffic ............... See: MOTOR VEHICLES AND TRAF- FIC Obstructing passageway ................. Profanity; vulgar language prohibited ... . Public works department Streets maintenance division.......... Sidewalks and driveways Dangerous or abandoned driveways... . Performance of work by village upon failure of compliance . . .......... . Permits _ Driveway construction Application; information required. Prohibited in certain instances ... Required ........................ Separate permits required for drive- ways and sidewalk construction Sidewalks Constructed required in certain cases Exceptions to requirements ........ . Specifications Driveways ...... ................... Generally ......................... Sidewalks ......................... Village engineer, dizvesvays to be con- structed under supervision of..... Smoke, dust, odors, liquids, etc.... , .... , . Spitting in public places prohibited...... . Section 21-69 21-sz 21-65 36-31 21-70 45-34.1($) 2-173 1-2 4-28(a) 24-16 24-18 24-20 24-29 24-28 24-19 24-17 24-17 19-7 19-6 27-31 et seq. 19-83 18-16 et seq. 19-47 19-65 2-$5(3) 24-46 24-47 24-58 24-57 24-56 24-55 24-41 24-42 24-43(c) 24-43(a) 24-43(b) 24-44 19-9 19-5 Stipp. No. 3"r 2952 CODE INDEX Section Section TELEPHONES '(t' Alarms; interference with public safety de- partment trunlt line prohibited ..... 19-215 VACANT PROPERTY Unauthorized campiug, lodging .......... 19-11 TELEVISION[ Cable television rate regulation .......... 17-1 VII.I~AGE Definitions and rules of consia~zction ..... 1-2 TENSE Definitions and rules of construction ..... 1-2 VILLAGE COUNCIL Compensation .......................... 2-16 THEFT Definitions and rules of constnuction ..... 1-2 Combat Auto Theft (CAT) ............... 18-19 Meetings TIYLE Adjournment of all meetings .......... 2-19 Definitions and rules of construction , .. , . 1-2 ~~az' meetings Presiding officer ................... 2-18 TRAFFIC. See: MOTOR VEHICLES AND When held ........................ 2-17 TRAFFIC Rules of procedure. See herein that sub- TRAILERS ject Personal recreational use trailers; parking Rules of procedure on residential prapei•£y restricted ... 18-35 Order of business ..................... 2-26 parliamentary rules ....... . .......... 2-27 TRASH. See: GARBAGE AND TRASH Village clerk, duties re .................. 2-67 TREES AND SHRUBBERY VILLAGE LOGO Cade enforcement board, applicability re.. 2-173 Adoption ............................... 1-10(1}} Landscapizxg ............................ 27-31 et seq. Description............................. 1-10(a) See: LANDSCAPING Registratinn ............................ 1-10(d) Missilas,throwing ...................... 19-83 Unlawful practices...................... 1-10(c) Parks and recreation facilities; climbing trees, etc .......................... 20-4 VILLAGE 141ANAGER Swale areas, trees in Administrative code, provisions re .... , .. 2-39 et seq. Defmitinns .............. .... 27-1fi See: ADMINISTRATIVE CODE Maintenance ......................... 27-20 Bond......,... ......................... 2-117 Planting and removal; written approval Budget ................................. 2-118 required ........................ 27-17 Budget pracedurea, duties re............. 2-2 Scope ..................... ........... 27-19 Removal ............................... 2-1I6 Variety and location .................. 27-18 Residency..... ......................... 2-115 VOYEURISM U Window peeping prohibited .............. 19-66 UTILITIES F`load damage prevention provisions...... 12.5-41(9), (5) W Franchises enumerated. See Appendix D Street construction work; cost of changing WALLS. See: FENCES, WALLS, HEDGES ar removal of public utilities ........ 24-4 AND ENCLOSURES Subdivision design standards re easements and rights-of--way .................. 36-22(a) WATER SHORTAGE Ei4~RGENCIES Subdivisions, required improvements re .. 36-32 Application . ............................ 19-201 `I~lecommunications service tag.......... 26-51 et seq. Definitions ............................. 19-200 Sea: TAXATION Enforcement Use of rights-of--way for utilities Emergency power .................... 19-204 Cade ezzforeement board, applicability Generally ............................ 19-203 re .............................. 2-173 Implementation Rules and regulations adopted ........ 28-1 Exemptions .......................... 19-242(b} Written permit (franchise} Permanent restrictions ............... 19-242(x} Contents .......................... 28-3 Sanitation, exception to maintain ........ 19-205 Required; term .................... 28-2 Violations and penalties................. 19-206 UTILITY TAX WATER SUPPLY AND DISTRIBUTION CoIlection .... . ......................... 26-30 Stormwater management................ 21-61 et seq. Exemption ............................. 26-31 See: STORMWATER lY1ANAGEMENT Levied; rate ............................ 26-29 Wellfield protection ..................... i9-220, 19-221 Supp. No. 37 2955 NORTH PAL111 BEACH CODE WATER SUPPLY AND DISTRIBUTION (Cvnt`d.) Zoning; C-3 Regional Business District Surface water management .......... . WATERWAYS. See: BOATS, DOCKS AND WATERWAYS WATERWAYS BOARD Composition; terms; vacancies ........... Created ................ ................ Duties ................................. Organization ........................... Removal ............................... WEAPONS. See: FIIi,EARMS AND WEAP- ONS WEEDS AND BRUSH Lien Retarded statement of removal costs con- stitutes lien; collectivu........... Notice to destroy ........................ Owner to bear costs of removal ........: . Prohibited over certaia height ........... Removal by village ...................... WEED Definitions and rules of construction .... . WEIGHTS AND MEASURES yIotor vehicle operation; weight limitations on certain roads ................... Noise measurement procedure .......... . WELLFIELD PROTECTION Business activities with potential to con- taminate land and water resources, regulation of ....................... County wellfield protection ordinance adopted by reference ............... WRITTEN, IN WRITING DeSnitions and rules of coustruction , . , , , Y YARDS A1V'7a OPEN SPACES Landscaping ............................ See: LANDSOAPING Zoning regulations ...................... See: ZONING (Appendix C) YEAR Definitions and rules of construction .... . Section ZONING (Geaierally) (Cont'd.) Landscaping; conflict with zoning ordi- nance ............................. 45-34.1(8) Planning commission; changes to zoning ordinances ........................ Subdivision regulations .... . ........... . See; SUBDIVISIONS (Appendix B) 5-103 5-102 5-105 5-7.04 5-146 14-83 14-84 14-82 14-79 14-81 1-2 is-la 19-113 19-221 19-224 1-2 27-31 vt seq. 45-27 et seq. 1-2 Section 27-39 21-12 36-1 et seq. z ZONING (Cxenerally) Appearance plan (Appendix A). Sea that subject Cade enforcement board, applicability re.. 2-173 Home accnpations ....................... 17-3(a} et seq. See: HOME OCCUPATIONS Supg. No. 37 29~~