Code of Ordinances Supplement 69SUPPLEMENT NO. 69
July 2018
CODE OF ORDINANCES
Village of
NORTH PALM BEACH, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at this time
through:
Ordinance No. 2018-04, adopted May 10, 2018.
See the Code Comparative Table for further information.
Remove Old Pages Insert New Pages
xi, xii xi, xii
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
SH:3 SH:3
319—335 319—337
2895, 2896 2895, 2896
2937, 2938 2937, 2938
Insert and maintain this instruction sheet in front of this publication. File removed
pages for reference.
TABLE OF CONTENTS
Page
Officials of the Village. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . iii
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . v
Adopting Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . vii
Readopting Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . x.i
Checklist of Up-to-Date Pages . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . [1]
Supplement History Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . SH:1
PART I
CHARTER
Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 1
Art. I. Corporate Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Art. I.A. Vision Statement . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Art. II. Territorial Boundaries. . . . . . . . . . . . . . . . . . . . . . .5
Art. III. Legislative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10.5
Art. IV. Administrative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Art. V. Qualifications and Elections. . . . . . . . . . . . . . . . . . 17
Art. VI. Transition Schedule . . . . . . . . . . . . . . . . . . . . . . . . 18
Charter Comparative Table. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 65
PART II
CODE OF ORDINANCES
Chapter
1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 77
2. Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 133
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134.3
Art. II. Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138.7
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138.7
Div. 2. Rules of Procedure . . . . . . . . . . . . . . . . . . . . . . 138.8
Art. III. Administrative Code . . . . . . . . . . . . . . . . . . . . . . . 138.9
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138.9
Div. 2. Audit Committee . . . . . . . . . . . . . . . . . . . . . . . . 139
Div. 3. Department of Finance . . . . . . . . . . . . . . . . . . 140
Div. 4. Department of Records . . . . . . . . . . . . . . . . . . 141
Div. 5. Police Department. . . . . . . . . . . . . . . . . . . . . . . 142
Div. 6. Fire Rescue Department . . . . . . . . . . . . . . . . . 142.1
Div. 7. Department of Public Works . . . . . . . . . . . . . 142.1
Div. 8. Department of Library. . . . . . . . . . . . . . . . . . . 142.2
Div. 9. Department of Country Club . . . . . . . . . . . . . 143
Div. 10. Department of Recreation. . . . . . . . . . . . . . . 143
Div. 11. Department of Community Development. 143
xiSupp. No. 69
Chapter Page
Art. IV. Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Art. V. Pensions and Retirement Systems. . . . . . . . . . . . 144
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Div. 2. Social Security . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Div. 3. Pension and Certain Other Benefits for
General Employees . . . . . . . . . . . . . . . . . . . . . . 145
Div. 4. Pension and Certain Other Benefits for
Fire and Police Employees . . . . . . . . . . . . . . . 152.3
Div. 5. Length of Service Award Plan for Volunteer
Firefighters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Div. 6. ICMA Defined Contribution Pension Plan. 164.1
Art. VI. Code Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . 164.2
Art. VII. Alternate Method of Code Enforcement . . . . . 169
3. Alcoholic Beverages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 211
4. Animals and Fowl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 263
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
Art. II. Dogs and Cats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
Art. III. Rabies Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
5. Boats, Docks and Waterways. . . . . . . . . . . . . . . . . . . . . . . . . . .. . 319
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321
Art. II. Boat Launching Area . . . . . . . . . . . . . . . . . . . . . . . 326
Art. III. Construction Requirements. . . . . . . . . . . . . . . . . 327
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327
Div. 2. Canals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327
Div. 3. Bulkheads and Seawalls . . . . . . . . . . . . . . . . . 328
Div. 4. Docks and Piers . . . . . . . . . . . . . . . . . . . . . . . . . 329
Div. 5. Erosion Control Structures. . . . . . . . . . . . . . . 335
Art. IV. Marine Sanctuaries. . . . . . . . . . . . . . . . . . . . . . . . . 335
Art. V. Waterways Board . . . . . . . . . . . . . . . . . . . . . . . . . . . 336
6. Buildings and Building Regulations . . . . . . . . . . . . . . . . . .. . . . 381
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383
Art. II. Minimum Construction Standards . . . . . . . . . . . 383
Art. III. Appearance Code . . . . . . . . . . . . . . . . . . . . . . . . . . 386
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386
Div. 2. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387
Div. 3. Certificate of Appropriateness. . . . . . . . . . . . 387
Art. IV. Abatement of Unsafe or Unsanitary Buildings 388
Art. V. Signs and Outdoor Displays. . . . . . . . . . . . . . . . . . 392.1
Art. VI. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401
Art. VII. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401
7. Bulkhead Lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 453
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455
Art. II. Filling Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455
8. Emergency Management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 507
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509
Art. II. Civil Disorders and Disturbances . . . . . . . . . . . . 510
NORTH PALM BEACH CODE
xiiSupp. No. 69
[1]
Supp. No. 69
Checklist of Up-to-Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a page-for-page
substitution basis, it has become evident that through usage and supplementation many
pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user to determine
whether the Code volume properly reflects the latest printing of each page.
In the first column all page numbers are listed in sequence. The second column reflects
the latest printing of the pages as they should appear in an up-to-date volume. The letters
"OC" indicate the pages have not been reprinted in the Supplement Service and appear as
published for the original Code. When a page has been reprinted or printed in the
Supplement Service, this column reflects the identification number or Supplement Number
printed on the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used in compiling
an up-to-date copy from the original Code and subsequent Supplements.
Page No. Supp. No.
Title Page 64
iii 1
v, vi OC
vii, viii OC
ix OC
x.i, x.ii 1
x.iii 1
xi, xii 69
xiii, xiv 67
xv, xvi 67
SH:1, SH:2 63
SH:3 69
1 25
3, 4 25
5, 6 25
7, 8 25
9, 10 29
10.1, 10.2 53
10.3, 10.4 53
10.5, 10.6 53
11, 12 61
Page No. Supp. No.
12.1 61
13, 14 25
15, 16 68
17, 18 68
65 68
77 OC
79, 80 OC
81, 82 58
83 58
133, 134 62
134.1, 134.2 62
134.3, 134.4 62
135, 136 60
137, 138 60
138.1, 138.2 60
138.3, 138.4 68
138.5, 138.6 68
138.7, 138.8 68
138.9, 138.10 68
139, 140 34
141, 142 62
NORTH PALM BEACH CODE
[2]
Supp. No. 69
Page No. Supp. No.
142.1, 142.2 62
143, 144 52
144.1 52
145, 146 47
147, 148 47
149, 150 47
151, 152 65
152.1, 152.2 65
152.2.1 65
152.3, 152.4 47
152.5, 152.6 60
153, 154 61
154.1 61
155, 156 46
157, 158 52
159, 160 61
160.1, 160.2 61
161, 162 46
162.1, 162.2 46
163, 164 52
164.1, 164.2 65
164.3 65
165, 166 48
167, 168 48
169, 170 48
211 OC
213, 214 19
263 59
265, 266 59
266.1 59
267, 268 52
269 52
319, 320 69
321, 322 69
323, 324 69
325, 326 69
327, 328 69
329, 330 69
Page No. Supp. No.
331, 332 69
333, 334 69
335, 336 69
337 69
381, 382 66
383, 384 53
385, 386 66
386.1 66
387, 388 60
389, 390 60
391, 392 60
392.1, 392.2 60
392.3, 392.4 60
392.5 60
393, 394 56
395, 396 56
397, 398 56
398.1 56
398.15, 398.16 40
399, 400 53
401 53
453 OC
455, 456 22
507 57
509, 510 57
511, 512 57
559 36
561, 562 52
563 40
615 36
617, 618 67
671 2
673 24
695 13
697 52
723 52
725, 726 67
727 67
CHECKLIST OF UP-TO-DATE PAGES
[3]
Supp. No. 69
Page No. Supp. No.
777 66
779, 780 66
781, 782 66
783, 784 66
785, 786 66
787, 788 66
789, 790 66
791, 792 66
793, 794 66
795, 796 66
797, 798 66
799 66
839 OC
889 39
891, 892 61
893, 894 52
895 50
945 67
947, 948 67
949, 950 67
951, 952 67
953, 954 67
955, 956 67
997 OC
999, 1000 22
1051, 1052 61
1052.1 61
1053, 1054 31
1054.1, 1054.2 31
1054.3, 1054.4 31
1055, 1056 36
1057, 1058 33
1059, 1060 33
1060.1, 1060.2 43
1060.3, 1060.4 43
1060.5 43
1061, 1062 8
1063, 1064 54
Page No. Supp. No.
1065, 1066 54
1067, 1068 61
1069, 1070 61
1121 OC
1171 65
1173, 1174 65
1175, 1176 65
1177, 1178 65
1179, 1180 65
1225 61
1227, 1228 61
1229, 1230 63
1231, 1232 63
1233, 1234 63
1235 63
1237, 1238 52
1239, 1240 52
1241, 1242 52
1289 52
1291, 1292 52
1293, 1294 29
1295 29
1343, 1344 62
1345, 1346 62
1347, 1348 62
1348.1 62
1349, 1350 45
1350.1, 1350.2 45
1351, 1352 33
1353, 1354 33
1355, 1356 33
1356.1 33
1357, 1358 OC
1359, 1360 33
1361, 1362 33
1363, 1364 52
1364.1 52
1365, 1366 33
NORTH PALM BEACH CODE
[4]
Supp. No. 69
Page No. Supp. No.
1366.1, 1366.2 52
1366.3, 1366.4 33
1367 5
1411 OC
1463 OC
1465, 1466 52
1517 64
1519, 1520 64
1520.1, 1520.2 64
1520.3, 1520.4 64
1521, 1522 47
1523 47
1573 24
1575, 1576 29
1627 9
1629, 1630 27
1631 27
1681, 1682 66
1683, 1684 33
1684.1, 1684.2 24
1685, 1686 OC
1687, 1688 17
1689, 1690 66
1691, 1692 66
1693, 1694 66
1739 14
1741, 1742 21
1781 65
1783, 1784 65
1785, 1786 65
1787, 1788 65
1789, 1790 65
1791, 1792 65
1793, 1794 65
1795, 1796 65
1797, 1798 65
1799 65
2043 OC
Page No. Supp. No.
2045, 2046 62
2046.1 62
2047, 2048 OC
2049, 2050 OC
2051, 2052 OC
2053 OC
2353 OC
2355, 2356 OC
2357, 2358 33
2359, 2360 33
2361, 2362 33
2363, 2364 33
2364.1 33
2365, 2366 OC
2367, 2368 37
2368.1 37
2369, 2370 OC
2371, 2372 OC
2373, 2374 33
2375, 2376 33
2377, 2378 33
2379 67
2479, 2480 67
2481, 2482 67
2483, 2484 67
2485, 2486 67
2486.1 67
2487, 2488 62
2488.1, 2488.2 62
2488.3, 2488.4 62
2488.5, 2488.6 62
2488.7, 2488.8 68
2488.9, 2488.10 67
2488.11 67
2489, 2490 59
2491, 2492 59
2493, 2494 59
2495, 2496 59
CHECKLIST OF UP-TO-DATE PAGES
[5]
Supp. No. 69
Page No. Supp. No.
2497, 2498 59
2499, 2500 59
2501, 2502 59
2503, 2504 62
2504.1, 2504.2 62
2504.2.1 62
2504.3, 2504.4 59
2504.5, 2504.6 59
2504.7, 2504.8 59
2505, 2506 10
2507, 2508 13
2509, 2510 62
2510.1, 2510.2 62
2510.2.1 62
2510.3, 2510.4 54
2510.5, 2510.6 54
2510.7, 2510.8 54
2510.9, 2510.10 54
2510.11, 2510.12 54
2510.12.1, 2510.12.2 54
2510.12.3 54
2510.13, 2510.14 25, Add.
2510.15, 2510.16 25, Add.
2510.17, 2510.18 25, Add.
2510.19, 2510.20 25, Add.
2510.21, 2510.22 25, Add.
2510.23, 2510.24 51
2510.25, 2510.26 25, Add.
2510.27, 2510.28 25, Add.
2510.29, 2510.30 25, Add.
2510.31, 2510.32 25, Add.
2510.33, 2510.34 25, Add.
2510.35, 2510.36 51
2510.37, 2510.38 25, Add.
2510.39, 2510.40 25, Add.
2510.41, 2510.42 25, Add.
2510.43, 2510.44 25, Add.
2510.45, 2510.46 25, Add.
Page No. Supp. No.
2510.47, 2510.48 25, Add.
2510.49, 2510.50 25, Add.
2510.51, 2510.52 25, Add.
2510.53, 2510.54 25, Add.
2510.55, 2510.56 25, Add.
2511, 2512 57
2512.1, 2512.2 67
2512.2.1, 2512.2.2 67
2512.2.3 67
2512.3, 2512.4 49
2512.5, 2512.6 50
2512.7, 2512.8 51
2512.9, 2512.10 67
2512.10.1 63
2512.11, 2512.12 51
2512.13 51
2513, 2514 OC
2515, 2516 62
2517, 2518 67
2519, 2520 67
2521, 2522 67
2523, 2524 67
2524.1 67
2525, 2526 62
2527, 2528 62
2529, 2530 67
2531, 2532 67
2533 67
2619 48
2819, 2820 63
2869, 2870 OC
2871 OC
2873 OC
2875, 2876 OC
2877, 2878 OC
2879, 2880 OC
2881, 2882 14
2883, 2884 14
NORTH PALM BEACH CODE
[6]
Supp. No. 69
Page No. Supp. No.
2885, 2886 19
2887, 2888 25, Add.
2889, 2890 33
2891, 2892 51
2893, 2894 60
2895, 2896 69
2933, 2934 25
2935, 2936 65
2937, 2938 69
2939, 2940 67
2941, 2942 67
2943, 2944 67
2945, 2946 67
2947, 2948 67
2949, 2950 67
2951, 2952 67
2953, 2954 67
2955, 2956 67
2957, 2958 67
2959 67
2961, 2962 67
2963, 2964 67
Ord. No.
Date
Adopted
Included/
Omitted Supp. No.
2015-15 9-24-15 Omitted 63
2015-16 9-24-15 Omitted 63
2015-17 1-14-16 Omitted 63
2015-18 9-24-15 Omitted 63
2015-19 11-12-15 Included 63
2015-20 11-12-15 Included 63
2015-21 12-10-15 Omitted 63
2015-22 12-10-15 Included 63
2016-02 1-14-16 Omitted 63
2016-03 1-14-16 Omitted 63
2016-01 4-28-16 Omitted 64
2016-04 1-28-16 Omitted 64
2016-05 3-24-16 Omitted 64
2016-06 5-12-16 Included 64
2016-25(Res.) 5-12-16 Omitted 64
2016-07 9- 8-16 Included 65
2016-08 9-22-16 Omitted 65
2016-09 9-22-16 Omitted 65
2016-10 11-10-16 Omitted 65
2016-11 12- 8-16 Omitted 65
2017-01 1-12-17 Omitted 65
2017-02 1-12-17 Included 65
2017-03 1-26-17 Included 65
2017-04 2- 9-17 Omitted 65
2017-05 2- 9-17 Omitted 65
2017-08 5-25-17 Omitted 66
2017-10 7-27-17 Omitted 66
2017-11 8-24-17 Included 66
2017-12 9-28-17 Omitted 66
2017-13 9-28-17 Included 66
2017-14 9-28-17 Omitted 66
2017-15 9-28-17 Omitted 66
2017-16 10-12-17 Omitted 67
2017-17 10-12-17 Omitted 67
2017-18 10-12-17 Included 67
2017-19 11- 9-17 Omitted 67
2017-20 11- 9-17 Omitted 67
2017-21 12-14-17 Included 67
2017-22 12-14-17 Included 67
2017-23 12-14-17 Included 67
2017-24 12-14-17 Included 67
2017-25 12-14-17 Omitted 67
2018-01 1-11-18 Included 68
2018-03 4-12-18 Omitted 68
2018-04 5-10-18 Included 69
SUPPLEMENT HISTORY TABLE
SH:3Supp. No. 69
Chapter 5
BOATS, DOCKS AND WATERWAYS*
Article I. In General
Sec. 5-1. Definitions.
Sec. 5-2. Speed limit; wakes.
Sec. 5-3. Swimming in restricted waters.
Sec. 5-4. Exhibition boats exempted from certain restrictions.
Sec. 5-5. Water skiing.
Sec. 5-6. Disturbing other boats.
Sec. 5-7. Use of searchlights.
Sec. 5-8. Abandoned boats.
Sec. 5-9. Mooring at private or public docks without permission.
Sec. 5-10. Observance of village health and conduct rules.
Sec. 5-11. Cleanliness of docks.
Sec. 5-12. Refuse disposal.
Sec. 5-13. Pollution of waterways.
Sec. 5-14. Hours for running engines in residential districts.
Sec. 5-15. Living aboard boats restricted.
Sec. 5-16. Mooring limitations in waterways (private docks and piers).
Sec. 5-17. Authority of village to board boats violating chapter.
Sec. 5-18. Prohibition of floating structures.
Sec. 5-19. Unlawfully anchored or moored vessels—Department of law
enforcement to impound.
Sec. 5-20. Same—Owner to be notified upon impoundment.
Sec. 5-21. Same—Procedure in event owner cannot be found.
Sec. 5-22. Same—Unclaimed vessel to be sold; certification of sale.
Sec. 5-23. Same—Claiming of vessel of floating structure by owner; pay-
ment of costs.
Sec. 5-24. Same—Reclamation of owner after sale.
Sec. 5-25. Occupancy of live aboard boats, floating structure or vessels in
village waterways.
Sec. 5-26. Reserved.
Secs. 5-27—5-32. Reserved.
Article II. Boat Launching Area
Sec. 5-33. Designated; use restricted.
Sec. 5-34. Repairs prohibited.
Sec. 5-35. Vehicle/trailer parking in designated areas; permits required.
Sec. 5-36. Abandoned boats and equipment—Disposition.
Sec. 5-37. Same—Recovery.
Sec. 5-38. Violation; penalty.
Secs. 5-39—5-48. Reserved.
Article III. Construction Requirements
Division 1. Generally
Secs. 5-49—5-55. Reserved.
*Cross references—Bulkhead lines, Ch. 7; parks, playgrounds and recreation, Ch. 20.
State law references—Beautification and improvement of waterways, F.S. § 342.03;Florida Vessel Registration and Safety
Law, F.S. ch. 327.
319Supp. No. 69
Division 2. Canals
Sec. 5-56. Compliance with division required.
Sec. 5-57. General requirements.
Sec. 5-58. Navigation canals.
Sec. 5-59. Drainage canals.
Sec. 5-60. Canal crossings.
Sec. 5-61. Surety bond prerequisite to issuance of building permit in
certain cases.
Secs. 5-62—5-68. Reserved.
Division 3. Bulkheads and Seawalls
Sec. 5-69. Compliance with division required.
Sec. 5-70. Submission of plans and specifications.
Sec. 5-71. Specifications.
Sec. 5-72. Reserved.
Sec. 5-73. Inspection required.
Secs. 5-74—5-80. Reserved.
Division 4. Docks and Piers
Sec. 5-81. Definitions.
Sec. 5-82. Generally.
Sec. 5-83. Minimum design requirements.
Sec. 5-84. Regulations governing construction in waters other than Lake
Worth and Atlantic Ocean.
Sec. 5-85. Regulations governing construction in Lake Worth and Atlantic
Ocean.
Sec. 5-86. Variances.
Secs. 5-87—5-92. Reserved.
Division 5. Erosion Control Structures
Sec. 5-93. Definition.
Sec. 5-94. When permitted.
Sec. 5-95. Construction.
Sec. 5-96. Control.
Secs. 5-97—5-100. Reserved.
Article IV. Marine Sanctuaries
Sec. 5-101. Designation of waters as marine sanctuaries.
Article V. Waterways Board
Sec. 5-102. Created.
Sec. 5-103. Composition; terms; vacancies.
Sec. 5-104. Organization.
Sec. 5-105. Duties.
Sec. 5-106. Removal.
NORTH PALM BEACH CODE
320Supp. No. 69
ARTICLE I. IN GENERAL
Sec. 5-1. Definitions.
As used in this chapter, unless the context
indicates otherwise, the following terms shall
have the indicated meanings:
Anchor shall mean any appliance used to
secure a vessel or floating structure other than
to a pier, dock or bulkhead which is carried
aboard such vessel as regular equipment when
under way and cast or dropped overboard.
Boat means any watercraft, including seaplanes
when not airborne, in or upon or docked, moored
or upon boat lifts at any place in any waterway
within the boundaries of the village.
Floating structure shall mean a floating entity,
with or without accommodation built thereon,
which is not primarily used as a means of
transportation on water but which serves purposes
or provides services typically associated with a
structure or other improvement on real property.
The term includes, but is not limited to, an entity
used as a residence, place of business or office
with public access, a hotel or motel, a restaurant
or lounge, a clubhouse, a meeting facility, a
storage or parking facility, or similar facility or
entity represented as such. Floating structures
are expressly excluded from the definition of the
term vessel as defined in both F.S. § 327.02 and
this section. Incidental movement upon water or
resting partially or entirely on the bottom does
not, in and of itself, preclude an entity from
being classified as a floating structure nor shall
registration of the entity as a vessel in accordance
with F.S. ch. 327.
Live-aboard boat or vessel means:
(a) Any boat or vessel used solely as a
residence and not for navigation;
(b) Any boat or vessel represented as a place
of business or a professional or other
commercial enterprise; or
(c) Any boat or vessel for which a declara-
tion of domicile has been filed pursuant
to F.S. § 222.17. A commercial fishing
boat is expressly excluded from this defini-
tion.
Mooring shall mean the securing of a vessel or
floating structure by any means.
Prohibited area shall mean all water bottom
lands within the village not authorized by this
Code for the anchorage or mooring of vessels.
Vessel is synonymous with boat as referenced
in section 1(b), Article VII of the State Constitu-
tion and includes every description of watercraft,
barge and air boat, other than a seaplane on the
water, used or capable of being used as a means
of transportation on water.
Waterway means any waters, waterway, lake,
river, tributary, canal, lagoon or connecting waters
within the boundaries of the village.
(Code 1970, § 11-1; Ord. No. 212-70, § 2; Ord.
No. 12-98, § 1, 4-23-98; Ord. No. 11-99, § 1,
2-11-99; Ord. No. 2010-03, § 2, 1-28-10; Ord. No.
2015-19, § 1, 11-12-15; Ord. No. 2018-04, § 2,
5-10-18)
Cross reference—Rules of construction and definitions
generally, § 1-2.
Sec. 5-2. Speed limit; wakes.
No person shall operate a boat or any other
vessel, including water sport apparatus or other
physical object capable of transporting human
beings or cargo on water, at a speed in excess of
five (5) miles per hour, in any of the waterways
within the corporate limits of the village, with
the exception of the waters of Lake Worth and
the Intracoastal Waterway, except in cases of fire
or extreme emergency.
In addition to the five-mile-per-hour speed
limit, no person shall operate a boat or any other
vessel, including water sport apparatus, or other
physical object capable of transporting human
beings or cargo on water, which shall cause a
wake in any of the waterways within the corporate
limits of the village, with the exception of the
waters of Lake Worth and the Intracoastal
Waterway, except in cases of fire or extreme
emergency. A wake is defined as causing white
water to be seen breaking off the bow of the boat
or vessel.
(Code 1970, § 11-43; Ord. No. 212-70, § 6; Ord.
No. 5-87, § 1, 2-26-87)
§ 5-2BOATS, DOCKS AND WATERWAYS
321Supp. No. 69
Sec. 5-3. Swimming in restricted waters.
No person shall engage in swimming in any
waters lying within one thousand (1,000) feet of
the intersection of the Earman River and the
North Palm Beach Waterway.
(Code 1970, § 11-44)
Sec. 5-4. Exhibition boats exempted from
certain restrictions.
The provisions of this chapter shall not be
construed to prohibit the running of racing or
exhibition boats, muffled or unmuffled, during a
publicly announced and supervised and
adequately patrolled regatta or speed trial or
exhibition.
(Code 1970, § 11-48; Ord. No. 212-70, § 7)
Sec. 5-5. Water skiing.
No person shall water ski in any of the
waterways located within the corporate limits of
the village, nor shall any person operate any
boat for towing a person on water skis in any of
the waterways located within the corporate limits
of the village; provided, however, that, nothing in
this section shall be construed to prohibit water
skiing in the waters of Lake Worth or the
Intracoastal Waterway.
(Code 1970, § 11-50; Ord. No. 212-70, § 10)
Sec. 5-6. Disturbing other boats.
No person shall operate a boat in such a
manner as to unjustifiably or unnecessarily annoy
or frighten or endanger the occupants of any
other boat, or throw up a dangerous wake when
approaching another boat.
(Code 1970, § 11-51; Ord. No. 212-70, § 11)
Sec. 5-7. Use of searchlights.
No person operating a boat shall use
searchlights indiscriminately or in such manner
as to annoy or disturb other persons or boats.
(Code 1970, § 11-52; Ord. No. 212-70, § 12)
Sec. 5-8. Abandoned boats.
Every boat in a waterway which is abandoned
or unseaworthy, or sinks, grounds or becomes
otherwise disabled, is hereby declared to be a
nuisance and the person in charge thereof shall
abate such nuisance within ten (10) days after
notice from the director of public safety.
(Code 1970, § 11-53; Ord. No. 212-70, § 13)
Sec. 5-9. Mooring at private or public docks
without permission.
No person shall moor a boat at a private or
public seawall or dock or beach if upon private or
public property within the village without the
permission of the owner or public entity thereof.
(Code 1970, § 11-56; Ord. No. 212-70, § 16; Ord.
No. 11-99, § 2, 2-11-99; Ord. No. 2018-04, § 2,
5-10-18)
Sec. 5-10. Observance of village health and
conduct rules.
No person in charge of or occupying boats
docked at or moored to land, docks, piers or
wharves abutting waterways shall fail to observe
all the health and sanitary regulations of the
village, and all ordinances of the village relating
to the conduct of persons and prohibiting acts
contrary to public health, morals, safety or public
peace.
(Code 1970, § 11-57; Ord. No. 212-70, § 17; Ord.
No. 2018-04, § 2, 5-10-18)
Cross reference—Health and sanitation, Ch. 14.
Sec. 5-11. Cleanliness of docks.
Persons in charge of or occupying boats shall
at all times keep the docks, seawalls and premises
adjacent to such watercraft in a neat and orderly
manner and free from trash, rubbish, repair
parts, machinery, equipment and debris of all
kinds.
(Code 1970, § 11-58; Ord. No. 212-70, § 18)
Sec. 5-12. Refuse disposal.
No person in charge of or occupying a boat
shall dump or throw or permit to be dumped or
thrown garbage, paper, bottles, cans, refuse or
debris into waterways. Persons in charge of
boats moored or docked in the waterways shall
provide garbage cans of sufficient size to hold
garbage and refuse.
(Code 1970, § 11-59; Ord. No. 212-70, § 19; Ord.
No. 2018-04, § 2, 5-10-18)
§ 5-3 NORTH PALM BEACH CODE
322Supp. No. 69
Sec. 5-13. Pollution of waterways.
No person in charge of any houseboat or other
boat or vessel in motion, anchored or tied up at
any marina or any other waterways within the
village limits shall permit any excreta or refuse
from any toilet or privy on such boat, to be
thrown from, to be ejected from, or to be allowed
to escape from such boat into the waters in which
such boat is in motion, tied up or anchored.
(Code 1970, § 24-56)
Sec. 5-14. Hours for running engines in
residential districts.
No person shall run or operate any boat
engine for the purpose of charging batteries,
running auxiliary equipment or testing between
the hours of 10:00 p.m. and 8:00 a.m. in any
residential district.
(Code 1970, § 11-60; Ord. No. 212-70, § 20)
Sec. 5-15. Living aboard boats restricted.
Living aboard boats in commercial wet stor-
age marinas is permitted; provided, further, that,
the following regulations apply to commercial
wet storage marinas where persons live aboard
boats:
(1) Not more than ten (10) percent of the
dock spaces at a commercial wet storage
marina may be occupied by boats where
persons live aboard for more than eight
(8) months out of any twelve-month period.
These dock spaces are for the purpose of
providing security against vandalism and
theft at marinas. All live-aboard boats
must be equipped with a marine sanita-
tion device acceptable under the current
regulations of the U.S. Environmental
Protection Agency, the U.S. Coast Guard
and the state department of
environmental regulation.
(2) Marinas where persons may live aboard
overnight shall be equipped with potable
water and sanitary sewage facilities,
including showers, rest rooms and bath-
houses located within the marina area
available for use by all persons who live
aboard boats overnight. In addition, all
such marinas shall provide adequate
electrical and potable water service, dock-
side, to each boat. Sewage service may be
provided to each boat where persons are
permitted to live aboard overnight, but
in no event may holding tanks or sewage
facilitiesaboard any boatbeflushed within
the marina area so as to cause any
pollution, damage or debris to any waters.
(3) A dockmaster or person shall be in charge
of each marina and shall maintain a log
which shall include a current list of
persons registered to live aboard boats in
that marina, the register number of all
boats docked in the marina, and a descrip-
tion of the marine sanitation devices
installed in each boat, available at all
time for use and inspection by the village
communitydevelopmentdepartment. This
requirement is to aid in the protection of
life and property at marinas and to deter
unauthorized persons from being in the
marina areas.
(4) The administrative, enforcement and
appeal procedures of the village housing
code shall apply to this section.
(Ord. No. 14-76, § 2, 7-8-76; Ord. No. 2006-24,
§ 2.B, 11-9-06)
Cross reference—Housing code adopted by reference,
§ 15-1.
Sec. 5-16. Mooring limitations in waterways
(private docks and piers).
Excluding lagoon end situations, no vessel
that is moored shall extend more than thirty (30)
percent of the waterway width from the face of
the bulkhead or shoreline nor extend beyond the
side property lines extended.
(Ord. No. 2006-01, § 1, 1-26-06; Ord. No. 2018-
04, § 2, 5-10-18)
Editor’s note—Ord. No. 2018-04, § 2, adopted May 10,
2018, amended § 5-16 to read as set out herein. Previously
§ 5-16 pertained to Mooring limitations in lagoons (private
docks).
Sec. 5-17. Authority of village to board boats
violating chapter.
Any member of the police department shall
have authority to board any boat in violation of
this chapter, or which becomes a menace to
§ 5-17BOATS, DOCKS AND WATERWAYS
323Supp. No. 69
navigation, and move or cause it to be moved to
another location and he or she shall have the
right to hold such boat for the payment of costs
incurred in its removal or storage.
(Code 1970, § 11-54; Ord. No. 212-70, § 14; Ord.
No. 2006-01, § 3, 1-26-06; Ord. No. 2011-21, § 7,
11-10-11)
Sec. 5-18. Prohibition of floating structures.
(a) No floating structure shall be anchored or
moored in the waters lying within the jurisdic-
tion of the village or on any property owned by
the village, including any submerged lands.
Notwithstanding the foregoing, nothing in this
section shall prohibit a floating structure from
anchoring or mooring at a public or private
marina within a berth or slip, at a public or
private pier or dock with permission from the
property owner or on privately owned property,
including submerged lands.
(b) Floating structures also meeting the defini-
tion of live-aboard boats or vessels shall comply
with the provisions of section 5-15.
(c) The provisions of this section may be
enforced through all means available for enforce-
ment of the village code, including but not
limited to, the initiation of code enforcement
proceedings pursuant to chapter 2 of this code,
impoundment pursuant to the provisions of this
article, and the initiation of appropriate legal
action in a court of competent jurisdiction. Each
day a violation of this section occurs shall
constitute a separate offense and be punishable
as such.
(Ord. No. 2015-19, § 1, 11-12-15)
Editor’s note—Ord. No. 2015-19, § 1, adopted November
12, 2015, set out provisions for use herein as § 5-18. Prior to
the adoption of those provisions § 5-18 was repealed by Ord.
No. 2010-03, § 3, adopted January 28, 2010. Former § 5-18
pertained to Limitation on anchoring and mooring in
prohibited area; mooring permit required,and was derived
from Ord. No. 12-98, § 2, adopted April 23, 1998 and Ord.
No. 2006-01, §§ 2, 3, adopted January 26, 2006.
Sec. 5-19. Unlawfully anchored or moored
vessels—Department of law
enforcement to impound.
The police department of the village is
authorized and directed to take into custody and
impound any vessel or floating structure unlaw-
fully anchored or moored and any such vessel or
floating structure taken into custody and
impounded under the authority of the police
department shall not be released therefrom until
the charges for towing such vessel or floating
structure and storage charges have been paid.
The charge for towing or removal of any such
vessel or floating structure and storage charges
shall be the customary charges prevailing in the
village for such services.
(Ord. No. 12-98, § 3, 4-23-98; Ord. No. 2006-01,
§ 3, 1-26-06; Ord. No. 2011-21, § 7, 11-10-11;
Ord. No. 2015-19, § 1, 11-12-15)
Sec. 5-20. Same—Owner to be notified upon
impoundment.
Whenever any vessel or floating structure is
taken into custody and impounded by the author-
ity of the police department as authorized herein,
and the name and address of the owner of such
vessel or floating structure can be ascertained by
the police department, it shall within forty-eight
(48) hours give in writing or cause to be given
notice in writing to such owner of the fact of such
removal and the reason therefor and the place to
which such vessel or floating structure has been
removed.
(Ord. No. 12-98, § 4, 4-23-98; Ord. No. 2006-01,
§ 3, 1-26-06; Ord. No. 2011-21, § 7, 11-10-11;
Ord. No. 2015-19, § 1, 11-12-15)
Sec. 5-21. Same—Procedure in event owner
cannot be found.
Whenever the police department authorizes
the removal of such vessel or floating structure
as authorized herein and the police department
does not know and is not reasonably able to
ascertain the name and address of the owner of
such vessel or floating structure or for any
reason is unable to give the notice to the owner,
and in the event the vessel or floating structure
is not returned to the owner within a period of
three (3) days after same has been taken into
custody and impounded, the police department
shall immediately send or cause to be sent a
written notice of such impoundment by mail to
the division of marine resources of the depart-
ment of natural resources, and shall file a copy of
§ 5-17 NORTH PALM BEACH CODE
324Supp. No. 69
such notice with the person who has been
authorized to have custody of the impounded
vessel or floating structure for the purpose of
storage. Such notice shall include a complete
description of the vessel or floating structure,
the date, time and place from which it was
removed, the reason for such removal, and the
name of the storage facility or place where the
vessel or floating structure is stored.
(Ord. No. 12-98, § 5, 4-23-98; Ord. No. 2006-01,
§ 3, 1-26-06; Ord. No. 2011-21, § 7, 11-10-11;
Ord. No. 2015-19, § 1, 11-12-15)
Sec. 5-22. Same—Unclaimed vessel to be
sold; certification of sale.
(a) If the owner fails to claim the vessel or
floating structure within twenty-one (21) days
after the police department has sent its notice to
the division of marine resources, such vessel or
floating structure shall be sold to the highest
bidder at public auction by the police depart-
ment at some place within the village; but, prior
to the sale, a notice shall be published once a
week for two (2) consecutive weeks in a local
newspaper published in the county and circulated
in the village. Publication shall be at least ten
(10) days prior the date of sale. Such notice shall
give the time and place of sale and describe the
vessel or floating structure to be sold. A copy of
such notice shall be mailed to the owner if his or
her name and address be known at least ten (10)
days before the date of such sale. The village
shall not guarantee title to such vessel or float-
ing structure or to deliver a title of ownership;
but shall furnish the purchaser a certificate in
substantially the following form:
Certificate Number:
CERTIFICATE OF SALE
VILLAGE OF NORTH PALM BEACH,
DEPARTMENT OF PUBLIC SAFETY, FLORIDA
Certificate Number:
CERTIFICATE OF SALE
VILLAGE OF NORTH PALM BEACH, FLORIDA
POLICE DEPARTMENT
THIS IS TO CERTIFY that the following
described vessel/floating structure was
impounded and placed in the custody of the
Police Department , where it was held for
twenty-five (25) days, after which time the
Police Department made every reasonable effort
to find the owner of the same or if found, such
owner failed to repossess same, this vessel/
floating structure was sold to the highest
bidder at public auction after legal advertise-
ment.
This Certificate of Sale is therefor issued
to: , residing at
.
Description of vessel:
Dated at Village of North Palm Beach,
Florida, this day of
, 20 .
Name and Title of Officer
(b) This form shall be in duplicate. The original
shall be given to the purchaser and the duplicate
bound in a book of record for the purposes
intended.
(Ord. No. 12-98, § 6, 4-23-98; Ord. No. 2006-01,
§ 3, 1-26-06; Ord. No. 2011-21, § 7, 11-10-11;
Ord. No. 2015-19, § 1, 11-12-15)
Sec. 5-23. Same—Claiming of vessel of float-
ing structure by owner; payment
of costs.
The owner of such impounded vessel or float-
ing structure may take possession of such vessel
or floating structure at any time prior to the time
of sale provided herein, but such owner shall
reimburse the village for all reasonable expenses
for removal, storage, advertising and other
expenses incurred as a result of the impound-
ment of such vessel or floating structure.
(Ord. No. 12-98, § 7, 4-23-98; Ord. No. 2006-01,
§ 3, 1-26-06; Ord. No. 2015-19, § 1, 11-12-15)
Editor’s note—Ord. No. 2015-19, § 1, adopted November
12, 2015, amended § 5-23 to read as set out herein. Previ-
ously § 5-23 was titled Same—Claiming of vessel by owner;
payment of costs.
Sec. 5-24. Same—Reclamation of owner
after sale.
The proceeds from the sale of any impounded
vessel or floating structure shall not be expended
§ 5-24BOATS, DOCKS AND WATERWAYS
325Supp. No. 69
or disbursed for ninety (90) days after the date of
such sale. At any time during such period, the
owner, upon providing proof of such ownership of
such vessel or floating structure, evidenced by
documentary written evidence, may recover back
the proceeds of the sale, less all of the expenses
incurred in regard to removal, storage, advertis-
ing and a commission of five (5) percent on the
gross sales price of such vessel or floating structure
for the cost of making such sale. If the owner
fails to provide proof of ownership and recover
back the proceeds of the sale in the time frame
set forth herein, the proceeds of sale shall be
forfeited to the village.
(Ord. No. 12-98, § 8, 4-23-98; Ord. No. 2006-01,
§ 3, 1-26-06; Ord. No. 2015-19, § 1, 11-12-15)
Sec. 5-25. Occupancy of live aboard boats,
floating structure or vessels in
village waterways.
It shall be unlawful of any person to occupy a
live aboard boat, floating structure or vessel in
any waterway except as specifically authorized
by this article.
(Ord. No. 12-98, § 9, 4-23-98; Ord. No. 2006-01,
§ 3, 1-26-06; Ord. No. 2010-03, § 4, 1-28-10; Ord.
No. 2015-19, § 1, 11-12-15)
Editor’s note—Ord. No. 2015-19, § 1, adopted November
12, 2015, amended § 5-25 to read as set out herein. Previ-
ously § 5-25 was titled Occupancy of live aboard boats or
vessels in village waterways.
Sec. 5-26. Reserved.
Editor’s note—Ord. No. 2013-02, § 2, adopted Feb. 14,
2013, deleted § 5-26 which pertained to fueling of marine
craft and derived from Ord. No. 14-2002, § 1, 5-9-02; Ord.
No. 2006-01, § 3, adopted 1-26-06.
Secs. 5-27—5-32. Reserved.
ARTICLE II. BOAT LAUNCHING AREA
Sec. 5-33. Designated; use restricted.
No person shall bring into, launch or operate
any vessel (as defined in F.S. § 327.02) upon any
park property, including designated swimming
areas, except as such places as are or may be
designated for such use or purposes by the North
Palm Beach Village Council. Such operation or
use shall be in accordance with such rules and
regulations as are now or may hereafter be
adopted by the village council. All vehicles using
the boat ramps of Anchorage Park or parking
with a trailer at Anchorage Park must have a
village launch ramp sticker permanently affixed
to the vehicle, visible from behind the vehicle.
(Code 1970, § 11-11; Ord. No. 2006-08, § 1,
6-8-06)
Sec. 5-34. Repairs prohibited.
No repair work upon boats, boat trailers or
other boating equipment shall be permitted at
the village boat launching area with the excep-
tion of minor repairs or adjustments essentially
necessary to make such boat, trailer or equip-
ment operable or transportable to a professional
facility devoted to such repair service.
(Code 1970, § 11-12)
Sec. 5-35. Vehicle/trailer parking in
designated areas; permits
required.
(a) No person shall park a vehicle on park
property at any place other than in the regularly
designated facilities provided for that particular
type of vehicle unless otherwise directed by a law
enforcement officer or village employee or by
official signs or markings.
(b) No boats or boat trailers shall be allowed
to remain more than twenty-four (24) hours at
the village boat launching area unless a written
permit therefore has been secured from the
village manager or his designee. Such permits
shall be issued upon such reasonable regulations
and upon such cost as shall be determined, from
time to time, by the village council.
(Code 1970, § 11-13; Ord. No. 2006-08, § 2,
6-8-06)
Sec. 5-36. Abandoned boats and equip-
ment—Disposition.
(a) It shall be presumed that the owner of
each boat, each boat trailer, and each piece of
boat equipment found on the village boat launch-
ing area as to which there is not then outstand-
§ 5-24 NORTH PALM BEACH CODE
326Supp. No. 69
ing a currently effective permit issued under
section 5-35 of this chapter, has abandoned such
boat, boat trailer or piece of boat equipment.
(b) Thereupon, it shall be lawful for the vil-
lage, through its officers or employees, to remove
such abandoned material from such area, destroy-
ing that which is junk and disposing of all other
material for the best price, and upon the best
terms available. The net proceeds of any such
sale shall be deposited in the general fund of the
village.
(Code 1970, § 11-14)
Sec. 5-37. Same—Recovery.
At any time within ninety (90) days after the
disposition of any boat, boat trailer or equipment
under section 5-36 of this chapter, the owner, or
any person having any alleged interest in such
disposed of property, may, upon making proof of
such ownership or interest, recover back from
the village the proceeds of the sale, less all the
expenses of caring for, moving, advertising and
making such sale.
(Code 1970, § 11-15)
Sec. 5-38. Violation; penalty.
Violation of any provision of section 5-33,
Designated;use restricted or section 5-35, Vehicle/
trailer parking in designated areas; permits
required, shall result in a civil fine of fifty dollars
($50.00) for a first offense and one hundred
dollars ($100.00) for any subsequent violation.
(Ord. No. 2006-08, § 3, 6-8-06)
Secs. 5-39—5-48. Reserved.
ARTICLE III. CONSTRUCTION
REQUIREMENTS*
DIVISION 1. GENERALLY
Secs. 5-49—5-55. Reserved.
DIVISION 2. CANALS
Sec. 5-56. Compliance with division
required.
All canals for navigation and/or drainage
purposes to be dug or constructed within the
corporate limits of the village, either in whole or
in part, whether or not such canal is dedicated to
the public, shall be subject to the requirements
set forth in this division.
(Code 1970, § 11-21)
Sec. 5-57. General requirements.
(a) All canals shall be provided with reinforced
or prestressed concrete bulkheads which shall
meet the requirements of the village building
code and the village ordinances concerning zoning
as they are concerned with bulkheads.
(b) All canals to be constructed in areas
proposed to be platted shall meet the require-
ments of the subdivision ordinance of the village,
as set out in Appendix B of this volume, and
amendments thereto, and must be approved as
part of the plan of development of the proposed
platted area.
(c) Canals to be constructed in unplatted areas
shall meet the requirements of the village build-
ing code and all ordinances of the village relating
to zoning, and plans for the construction of any
canal must be approved by the engineers of the
village prior to the issuance of a building permit
for such canal.
(Code 1970, § 11-24)
Cross reference—Zoning, App. C.
Sec. 5-58. Navigation canals.
Canals which may be used for navigation shall
have a minimum width of eighty (80) feet face to
face of bulkheads constructed on the sides thereof,
with the exception of the bottom profile require-
ments dictated by the bulkhead design. All such
canals shall have a minimum bottom elevation of
minus eight (-8) feet mean sea level.
(Code 1970, § 11-22)
*Cross references—Buildings and building regulations,
Ch. 6; coastal construction code, § 6-151 et seq.
§ 5-58BOATS, DOCKS AND WATERWAYS
327Supp. No. 69
Sec. 5-59. Drainage canals.
Canals which are constructed or dug for drain-
age purposes only and which may be used for
drainage purposes only shall be of the width
required to provide sufficient cross section for
drainage requirements and shall have a minimum
bottom elevation of minus eight (-8) feet mean
sea level. The determination of whether or not
the intended use of a canal is for drainage
purposes only shall be set forth on the dedication
of a plat if such canal is included in a platted
area, and such determination for canals in unplat-
ted areas shall be made by the village building
inspector. The village building inspector shall
determine that a canal has been constructed for
drainage purposes only if the canal cannot be
used for navigational purposes by virtue of its
width, other construction features or by virtue of
inability of boats to travel thereon continuously
to open water.
(Code 1970, § 11-23)
Sec. 5-60. Canal crossings.
All roadway crossings for all proposed canals
for navigation purposes or for navigation and
drainage purposes shall have a minimum verti-
cal clearance of sixteen (16) feet above mean
high water and a minimum horizontal clearance
of twenty (20) feet face to face of piling or
bulkhead. Plans for all crossings of navigation
canals or navigation and drainage canals shall
be submitted to the village engineers and must
be approved by them in writing prior to being
constructed.
(Code 1970, § 11-25)
Sec. 5-61. Surety bond prerequisite to issu-
ance of building permit in certain
cases.
(a) Before a building permit is issued for the
digging or construction of a canal in an unplat-
ted area or in an area where such canal is not to
be dedicated to the public, the applicant for such
permit shall furnish a surety company bond
satisfactory to the village council, guaranteeing
that within twelve (12) months from the date of
the permit the construction of the canal, together
with the bulkhead or seawall requirements set
forth herein, shall be entirely completed in full
accordance with the approved plans submitted
under this chapter, and copies of these regula-
tions shall be attached to and constitute a part of
the bond agreement.
(b) No permit shall be issued for the construc-
tion or digging of any such canal without such
bond.
(c) Extensions of the bond required herein or
waiver of such bond may be made by the village
council where it is determined by the council
that the financial resources and the integrity
and reliability of the applicant for a permit is
satisfactory and acceptable to the village council
and such bond is not necessary for the performance
of the terms of this chapter.
(Code 1970, § 11-31)
Secs. 5-62—5-68. Reserved.
DIVISION 3. BULKHEADS AND SEAWALLS*
Sec. 5-69. Compliance with division
required.
All bulkheads or seawalls to be constructed
within the corporate limits of the village shall
meet the requirements set forth in this division.
(Code 1970, § 11-26)
Sec. 5-70. Submission of plans and specifica-
tions.
Plans and specifications for any bulkhead or
seawall to be constructed within the corporate
limits of the village shall be submitted by an
engineer registered in the state and shall bear
his certification and seal on the face thereof.
(Code 1970, § 11-27)
Sec. 5-71. Specifications.
All bulkheads and seawalls to be henceforth
constructed shall be of reinforced or prestressed
concrete construction and shall be subject to the
following minimum requirements:
(1) All materials and construction methods
utilized in the construction shall conform
*Cross reference—Bulkhead lines generally, Ch. 7.
§ 5-59 NORTH PALM BEACH CODE
328Supp. No. 69
to the applicable portion of the latest
state department of transportation
standard specifications.
(2) Bulkheads and seawalls may be of either
the king pile-and-slab type or of the
tongue-and-groove-concrete-sheet-pile
type or of any other type which contains
comparable or better qualities for the
purposesof bulkheadsorseawalls, depend-
ing upon the recommendation of the
designing engineer. All bulkheads and
seawalls shall be capped with a continu-
ous reinforced concrete cap a minimum
of ten (10) inches in depth and fifteen
(15) inches in width and shall be provided
with a two-inch chamfer on the top edges
of the cap. All bulkheads or seawalls
shall be of the anchored type using a
suitable tie-back system. The bulkhead
cap shall be placed at elevation five and
five-tenths (5.5) feet mean sea level, or
shall conform to the elevation of the
bulkhead caps in existence on adjacent
property insofar as possible. Special excep-
tions to this elevation requirement may
be granted if the installation is in connec-
tion with commercial or industrial
development.
(3) All reinforcing steel shall be provided
with a minimum of two and one-half
(21/2) inches of concrete cover. Exposed
steel and anchors, tie rods, etc., shall be
coated with a protective coating of an
approved type to prevent corrosion.
(4) All exposed concrete shall be troweled or
rubbed smooth prior to setting whether
concrete is cast-in-place or precast
construction.
(5) Plans submitted for the construction of
bulkheads and seawalls shall contain a
cross section of the proposed channel on
the canal side of the bulkhead wall.
(Code 1970, § 11-28)
Sec. 5-72. Reserved.
Editor’s note—Ord. No. 27-2003, § 2, adopted Sept. 9,
2003, repealed § 5-72 in its entirety. Former § 5-72 pertained
to permit fee and derived from Code 1970, § 11-29.
Sec. 5-73. Inspection required.
After issuance of a construction permit and
commencement of construction on any seawall or
bulkhead, the work shall be subject to the follow-
ing inspection requirements by the village build-
ing inspector:
(1) The village building inspector shall be
present during the first installation of
king pile or support sheet and shall
inspect the site prior to backfilling any
anchors or tie rods and before pouring
any cast-in-place construction and before
final cap pouring.
(2) All precast prestressed sections shall be
certified by the manufacturer to the effect
that the sections are in conformance with
the plans and specifications accompany-
ing the permit, and copies of the certifica-
tion shall be furnished to the building
inspector.
(Code 1970, § 11-30)
Secs. 5-74—5-80. Reserved.
DIVISION 4. DOCKS AND PIERS
Sec. 5-81. Definitions.
As used in this division, the following terms
shall have the indicated meanings, unless the
context clearly indicates otherwise:
Batter pile means pile that is designed and
installed on a slope other than vertical in order
to resist horizontal as well as vertical forces.
Commercial dock means a wharf, dock or pier
facility for tenants of hotels, apartment houses,
condominiums and for commercial uses and shall
be constructed only in zoning districts other than
R-1 and R-2.
Floating vessel platform means a structure
that floats at all times in the water and is used
solely for the purpose of supporting a vessel so
that the vessel is out of the water when not in
use. A floating boat lift shall be included within
the definition of floating vessel platform.
Pier means a dock that extends more than five
(5) feet perpendicular to a bulkhead or shoreline.
§ 5-81BOATS, DOCKS AND WATERWAYS
329Supp. No. 69
Private dock, pier, mooring buoy and floating
anchor mean those that shall only be used by the
occupant and his family and shall be constructed
only in R-1 and R-2 Zoning Districts. A private
dock, pier, mooring buoy or floating anchor shall
not be rented or leased.
Shore or shoreline shall mean, in the absence
of a bulkhead, the mean high-water mark.
Wave break means a structure designed only
to break up waves or boat wakes, not to be used
for mooring or docking boats.
(Code 1970, § 11-32; Ord. No. 3-71, § 2; Ord. No.
1-73, § 1; Ord. No. 35-90, § 1, 9-27-90; Ord. No.
13-98, § 1, 5-14-98; Ord. No. 04-2001, § 1, 2-8-01;
Ord. No. 2018-04, § 3, 5-10-18)
Cross reference—Rules of construction and definitions
generally, § 1-2.
Sec. 5-82. Generally.
(a) Docks, piers, mooring buoys and anchors,
boat davits and other boat-lifting devices and
other approved structures shall be owned and
constructed only by the upland landowner.
(b) Boat davits and other boat-lifting devices
shall require a building permit.
(c) Docks, piers, mooring buoys and anchors
and other waterside structures shall require a
building permit.
(d) The length or width of a dock or pier, as
applicable, shall include all protrusions therefrom.
(Code 1970, § 11-33; Ord. No. 3-71, § 2; Ord. No.
10-2000, § 1, 4-13-00; Ord. No. 2018-04, § 3,
5-10-18)
Sec. 5-83. Minimum design requirements.
(a)Coverings.Any sun, wind or weather cover-
ing to be constructed over a dock or pier shall
require a permit and shall be classified as a
canopy and shall meet the building code as such.
(b)Decking elevation.The main deck of a dock
or pier shall be placed at a minimum of three and
five-tenths (3.5) feet above mean sea level. The
steps from the ground or bulkhead cap shall not
exceed seven (7) inches for each step.
(c)Wave break.The bottom wave breaking
stringer shall not extend below mean low water.
(d)Floating docks.Free-standing piling for
floating docks shall be a minimum schedule 40,
six-inch diameter, pea rock concrete filled steel
pipe or six-inch plastic pipe filled with pea rock
concrete and two (2) equally spaced number four
reinforcing bars, suitably tied. Attaching rings
shall be steel or chain. Smaller piling may be
allowed when properly structurally designed.
(e)Floating vessel platforms.
(1) Floating vessel platforms shall be secured
in the same manner as floating docks as
specified above, or in the manner speci-
fied by the manufacturer, or as designed
by a Professional Engineer licensed in
the State of Florida.
(2) The vessel on top of the floating platform
must be independently secured to a fixed
dock, seawall, or similar structure on the
property to which it is accessory by a
mooring line or chain of sufficient strength
and condition as if the vessel were float-
ing independently.
(3) Floating vessel platforms shall use flota-
tion materials that are either fully
encapsulated or suitable for marine use,
resistant to puncture and loss of internal
components, resistant to fire, cracking
and peeling, and generally impervious to
water or fuel damage.
(f)Construction material.Construction mate-
rial for piers and docks shall meet the following
requirements:
(1) Piling.
a. Minimum bottom penetration is to
be six (6) feet.
b. Concrete piling is to be minimum
eight-inch by eight-inch or eight-
inch diameter reinforced with four
(4) number five (5) rods with number
two (2) hoops eight (8) inches on
center.
c. Wood piling is to be minimum ten-
inch butt diameter and the treat-
ment shall conform to AWPB MP1,
§ 5-81 NORTH PALM BEACH CODE
330Supp. No. 69
MP2 or MP4. Pile cutoff shall be
treated in accordance with AWPA
M4.
d. All piling are to be set a maximum
of ten (10) feet on center for timber
deck construction.
(2) Stringers and bracing. Stringers and brac-
ing, if lumber, shall be a minimum two-
inch by eight-inch.
(3) Decking. Decking, if lumber, shall be a
minimum two-inch by six-inch.
(4) Fasteners.
a. All bolts, nuts, washers and nails
shall be hot dipped galvanized or
zinc plated or equal.
b. Stringers and braces shall be
fastened with minimum one-half-
inch bolts.
(5) Dock lumber. All dock lumber shall be
pressure treated or equal.
(6) Concrete strength. All concrete shall be
a minimum strength of thirty-five hundred
(3,500) psi in twenty-eight (28) days.
(7) Blocks. If dock is to be supported by a
bulkhead, four-inch by four-inch blocks
or equal shall be bolted to bulkhead wall;
stringer shall be bolted to four-inch by
four-inch blocks.
(g)Structural equivalents permitted.Docks
and piers of other design and material may be
permitted when structurally equivalent to the
above.
(h)Commercial docks and piers.All com-
mercial docks and piers are to be designed by a
Florida registered professional engineer.
(i)Dolphins and tie poles.
(1) Bottom penetration is to be a minimum
of six (6) feet.
(2) Materials and construction are to be the
same as dock and pier pilings.
(j)Commercial marinas.All fixed docks and
piers to be constructed in commercial marinas
shall be concrete or equal.
(k)Batter piles.
(1) Batter piles are to be designed by a
Florida registered professional engineer.
(2) Batter piles are to be constructed of
prestressed concrete.
(3) A building permit shall be required prior
to construction for all batter piles.
(4) Batter piles shall be installed only under
the following conditions:
a. Obstructions prevent use of standard
tiebacks and anchors to reinforce
bulkheads.
b. Existing bulkhead has failed or is in
danger of failing.
c. Not to be used in the construction of
new bulkheads.
(5) Base of batter pile shall extend a
maximum of five (5) feet from the
waterside face of the bulkhead.
(Code 1970, § 11-34; Ord. No. 4-74, § 1; Ord. No.
35-90, §§ 2—6, 9-27-90; Ord. No. 2008-04, § 2,
1-24-08; Ord. No. 2018-04, § 3, 5-10-18)
Sec. 5-84. Regulations governing construc-
tion in waters other than Lake
Worth and Atlantic Ocean.
All docks or other approved structures to be
constructed waterside of bulkheads or land in
the lagoons, waterways or other bodies of water
in the village, other than the waters of Lake
Worth and the Atlantic Ocean, shall be constructed
in accordance with the following requirements
and regulations:
(1) Prior to a permit being issued by the
village, a permit shall be obtained from
such other authority that has a vested
interest in the waterway.
(2) In regard to construction waterside of
any lot having fifty-foot or less frontage
on the water, docks shall not be placed
within five (5) feet of the side property
line extended.
(3) In regard to construction waterside of
any lot having greater than fifty-foot
§ 5-84BOATS, DOCKS AND WATERWAYS
331Supp. No. 69
frontage on the water, docks shall not be
placed within ten (10) feet of the side
property line extended.
(4) Dead end lagoon. In regard to construc-
tion waterside of any platted lot at the
dead end of a lagoon, a dock or a pier may
be placed zero (0) feet from the side
property line extended when all the fol-
lowing requirements are complied with:
a. The lot/lots shall be in a R-1 Single
Family Dwelling District.
b. Building permits shall be obtained
as required by section 5-82 of this
chapter.
c. At least one (1) lot shall have less
than seventy-five (75) feet frontage
on the water.
d. A dock or pier, but not both, shall be
constructed at the same time on
both sides of the common property
line in question or, in the alterna-
tive, if one of the property owners
chooses to construct the dock or pier
at a future date, that property owner
shall record a deed restriction in the
public records, in a form acceptable
to the village attorney, limiting the
location of the future dock or pier to
the property line and requiring that
it mirror the dock or pier constructed
on the adjacent property. No permit
shall be issued until the restriction
is recorded.
e. The dock or pier on a lot shall be
structurally independent of the dock
or pier on the adjacent lot.
(5) Docks shall extend a maximum of five (5)
feet out from the face of the bulkhead
wall. Notwithstanding the foregoing, float-
ing docks constructed within the North
Palm Beach Waterway may extend a
maximum of ten (10) feet out from the
face of the bulkhead wall, provided,
however, that the mooring of vessels to
such extended floating docks, for purposes
other than loading or unloading, is
prohibited.
(6) a. Piers not exceeding six (6) feet in
width may extend waterside a
maximum of fifteen (15) feet in
lagoons, twenty (20) feet in the North
Palm Beach Waterway, twenty-five
(25) feet in West Lake and forty (40)
feet in North Lake and not more
than twenty-five (25) percent of the
waterway width of the Earman
River; provided, however, that, a
pier may extend waterside a
maximum of fifty-five (55) feet when
connected with a commercial marina
operation in a commercial zoned
piece of property so long as said
construction leaves a minimum clear
water distance of forty (40) feet
between the pier and any opposite
bulkhead or water structure which
may be constructed in accordance
with this chapter. Piers located in
the Earman River may be
constructed with L heads,T
heads, or other configurations that
may allow for the docking of vessels
parallel to the shore provided the
maximumallowablelengthwaterside
is reduced by twelve (12) feet.
b. Piers located on Teal Way in Prosper-
ity Harbor may not exceed six (6)
feet in width and shall be a
maximum of forty (40) feet in length.
Piers located per this section shall not be
closer to the side property line extended
than half of its extension waterside of the
bulkhead.
(7) In lagoons, dolphin poles, wave breaks,
mooring posts, mooring buoys or floating
anchors shall be placed a maximum of
twenty (20) feet from the face of the
bulkhead or the shore. Wave breaks shall
be allowed only at lagoon entrances open-
ing into Lake Worth.
(8) In the North Palm Beach Waterway,
dolphin poles, mooring posts, mooring
buoys or floating anchors shall be placed
a maximum of thirty (30) feet from the
face of the bulkhead of the shore.
§ 5-84 NORTH PALM BEACH CODE
332Supp. No. 69
(9) In the Earman River, dolphin poles, wave
breaks, mooring posts, mooring buoys or
floating anchors shall be placed not more
than twenty-five (25) percent of the
waterway width from the bulkhead or
the shore. Wave breaks shall be allowed
only at the entrance to Lake Worth.
(10) In West Lake, and North Lake, and
water front properties along Teal Way,
dolphin poles, mooring posts, mooring
buoys or floating anchors shall be placed
a maximum of fifty (50) feet from the face
of the bulkhead or the shore.
(11) Dolphin or mooring post location shall be
inside the side property line extended
and shall be determined by the building
department.
(12) In no instance shall any structure extend
more than twenty-five (25) percent of the
width of the water.
(13) For the purposes of this section, the face
of the bulkhead wall shall refer to the
waterfront face of a retaining wall of
approved materials constructed adjacent
to navigable waters and shall not include
the seawall cap, batter piles or king piles.
(14) Floating vessel platforms may be installed
with minimum side setbacks as specified
above for docks, and with maximum
waterside extension as specified above
for dolphin poles and mooring posts.
(Code 1970, § 11-35; Ord. No. 3-71, § 2; Ord. No.
6-73, § 1; Ord. No. 36-95, §§ 1, 2, 12-14-95; Ord.
No. 28-98, §§ 1—3, 12-10-98; Ord. No. 09-2001,
§ 1, 4-12-01; Ord. No. 27-2003, § 1, 9-9-03; Ord.
No. 2011-11, § 2, 6-23-11; Ord. No. 2014-02, § 2,
3-27-14; Ord. No. 2018-04, § 3, 5-10-18)
Sec. 5-85. Regulations governing construc-
tion in Lake Worth and Atlantic
Ocean.
All residential piers, docks or other approved
structures to be constructed waterside of the
bulkhead line or land of the village in Lake
Worth, or the mean low-water mark of the
Atlantic Ocean, shall meet the following regula-
tions and requirements:
(1) The design of any pier to be constructed
under the provisions of this division shall
be performed by an engineer registered
in the state, and detailed construction
drawings shall be submitted bearing the
certification and seal of such engineer.
(2) Prior to a permit being issued by the
village, a permit shall be obtained from
such other authority that has a vested
interest in the waterways. Nothing
contained in this division shall be
construed to affect the rights or obliga-
tions connected with spoil areas located
in Lake Worth within one hundred (100)
feet lakeward of the bulkhead line referred
to above and the granting of a permit by
the village does not release the applicant
from personally determining what, if any,
effect such spoil areas may have upon
any construction done in accordance with
this division.
(3) No pier shall extend beyond a line fifty
(50) feet waterside from and parallel to
the bulkhead line of the village.
(4) The centerline of all piers shall be on a
uniform alignment.
(5) Piers may be constructed with L heads
or T heads of fifty (50) feet. A finger
pier shall not exceed twenty-two (22) feet
in length and shall be a maximum of six
(6) feet and a minimum of three (3) feet
in width.
(6) No point on any pier shall be closer than
twenty (20) feet to either side property
line projected along a line parallel to the
pier center line or closer than forty (40)
feet to any part of another pier.
(7) Piers shall have a maximum width of ten
(10) feet, and a minimum width of six (6)
feet.
(8) Dolphins or mooring posts may be
installed adjacent to piers, with location
to be determined by the building depart-
ment.
§ 5-85BOATS, DOCKS AND WATERWAYS
333Supp. No. 69
(9) In regard to construction waterside of
any lot having fifty (50) feet or less
frontage on the water, docks shall not be
placed within five (5) feet of the side
property line extended.
(10) In regard to construction waterside of
any lot having greater than fifty (50) feet
frontage on the water, docks shall not be
placed within ten (10) feet of the side
property line extended.
(11) Freestanding wave breaks shall not be
permitted.
(12) Mooring buoys and anchors shall be
designed and located in such a manner
as to not allow the moored vessel to cross
the side property lines extended. Moor-
ing buoys and anchors shall be located
parallel to the bulkhead no more than
one hundred fifty (150) feet from the
bulkhead. No live-aboards are allowed.
The upland landowner shall not moor or
anchor more than one (1) boat.
(13) Floating vessel platforms may be installed
with minimum side setbacks as specified
above for docks, and with maximum
waterside extension as specified above
for piers.
(Code 1970, § 11-36; Ord. No. 3-71, § 2; Ord. No.
35-90, §§ 7, 8, 9-27-90; Ord. No. 13-98, § 2,
5-14-98; Ord. No. 11-99, § 3, 2-11-99; Ord. No.
10-2000, § 2, 4-13-00; Ord. No. 2008-04, § 2,
1-24-08; Ord. No. 2018-04, § 3, 5-10-18)
Sec. 5-86. Variances.
The board of adjustment created and described
in section 21-21 of this Code shall have the
power to authorize upon appeal such variance
from the terms of section 5-85(3) as will not be
contrary to the public interest when, owing to
special conditions, a literal enforcement of the
provisions of those sections of the village Code as
they pertain to properties located on Lake Worth
will result in unnecessary and undue hardship.
In order to authorize any variance from the
terms of those sections of the village Code, the
board of adjustment must find the factors set
forth in F.S. section 163.225(3)(a), (b), (c):
(3) (a) To authorize upon appeal such vari-
ance from the terms of the ordinance as
will not be contrary to the public interest
when, owing to special conditions, a literal
enforcement of the provisions of the
ordinance would result in unnecessary
and undue hardship. In order to authorize
any variance from the terms of the
ordinance, the board of adjustment must
find:
1. That special conditions and
circumstances exist which are
peculiar to the land, structure, or
building involved and which are not
applicable to other lands, structures,
or buildings in the same zoning
district;
2. That the special conditions and
circumstances do not result from
the actions of the applicant;
3. That granting the variance requested
will not confer on the applicant any
special privilege that is denied by
this ordinance to other lands, build-
ings, or structures in the same zoning
district;
4. That literal interpretation of the
provisions of the ordinance would
deprive the applicant of the rights
commonly enjoyed by other proper-
ties in the same zoning district under
the terms of the ordinance and would
work unnecessary and undue hard-
ship on the applicant;
5. That the variance granted is the
minimum variance that will make
possible the reasonable use of the
land, building or structures;
6. That the grant of the variance will
be in harmony with the general
intent and purpose of the ordinance
and that such variance will not be
injurious to the area involved or
otherwise detrimental to the public
welfare.
(b) In granting any variance, the board of
adjustment may prescribe appropriate
conditions and safeguards in conformity
with this part and any ordinance enacted
under its authority. Violation of such
§ 5-85 NORTH PALM BEACH CODE
334Supp. No. 69
conditions and safeguards, when made a
part of the terms under which the vari-
ance is granted, shall be deemed a viola-
tion of the ordinance.
(c) The board of adjustment may prescribe a
reasonable time limit within which the
action for which the variance is required
shall be begun or completed or both.
Public notice of all hearings conducted in
accordance with this section shall be provided as
required by section 21-3 of this Code.
(Ord. No. 1-82, § 1, 1-28-82; Ord. No. 28-98, § 4,
12-10-98; Ord. No. 2009-16, § 3, 11-12-09)
Secs. 5-87—5-92. Reserved.
DIVISION 5. EROSION CONTROL
STRUCTURES*
Sec. 5-93. Definition.
As used in this division,erosion control
structures shall mean seawalls and/or groins
designed to control and prevent erosion of exist-
ing land masses which lie outside established
bulkhead lines or property lines in waterways,
lakes, rivers, lagoons or other bodies of water in
the village.
(Code 1970, § 11-40; Ord. No. 4-74, § 2)
Cross reference—Rules of construction and definitions
generally, § 1-2.
Sec. 5-94. When permitted.
Erosion control structures shall be permitted
to be constructed in the village only where land
masses exist waterward of any property line or
bulkhead line in the village and within the
rights-of-way of any waterway, lake, river, lagoon
or other body of water in the village other than
the Atlantic Ocean. Erosion control structures
shall be permitted when the village engineer and
village council determine that such structure is
necessary to prevent a land mass as described
above from eroding into the adjacent body of
water.
(Code 1970, § 11-40; Ord. No. 4-74, § 2)
Sec. 5-95. Construction.
Construction plans and location of erosion
control structures shall be prepared by a Florida
registered engineer and be approved by the
village engineer. Prior to a permit being issued,
permits shall also be obtained from any other
authority having a legal interest in the waterway,
lake, river, lagoon or other body of water involved.
(Code 1970, § 11-40; Ord. No. 4-74, § 2)
Sec. 5-96. Control.
Every erosion control structure shall be owned
and maintained by the village and shall be
altered or removed under the authority and
decision of the village council. Erosion control
structures may be constructed by upland landown-
ers under the supervision of the building official
of the village. All erosion control structures shall
meet the minimum design requirements set forth
in this chapter, including permits, fees, surety
bonds, minimum design requirements and other
regulations.
(Code 1970, § 11-40; Ord. No. 4-74, § 2)
Secs. 5-97—5-100. Reserved.
ARTICLE IV. MARINE SANCTUARIES†
Sec. 5-101. Designation of waters as marine
sanctuaries.
(a)Definition.Marine sanctuary is defined as
those areas within the village where the tide
ebbs and flows including, but not limited to,
Lake Worth, the Intracoastal Waterway and
other water areas throughout the village which
under normal circumstances support vegetation
typically adapted for life in the water and for the
preservation and growth of fish breeding,
recreation and aesthetic areas.
(b)Areas designated.The village nominates
all water areas within its corporate limits, and,
in particular, Lake Worth and the Intracoastal
*Cross reference—Coastal construction code, § 6-151 et
seq.
†Editor’s note—Ord. No. 18-79, § 1, adopted Sept. 13,
1979, amended the Code by adding § 7-25. However, for
purposes of classification, the new provisions have been
redesignated as Ch. 5, Art. IV, § 5-101, at the editor's
discretion.
§ 5-101BOATS, DOCKS AND WATERWAYS
335Supp. No. 69
Waterway, to be designated as a marine and
wildlife sanctuary as provided for under Title
III of the Marine Protection, Research and
Sanctuaries Act of 1972. The village clerk is
hereby directed to request the secretary of com-
merce to so designate those portions of North
Palm Beach to be marine sanctuaries.
(c)Area to be regulated.The village hereby
declares the waters of Lake Worth and the
Intracoastal Waterway within its municipal
boundaries to be a marine sanctuary in accordance
with its findings that these waters support
substantial fish breeding and are one of the last
known fish breeding areas in Lake Worth, and
contain therein unique mangrove species, mud
flats and other areas conducive to fish breeding
and ecological conservation of marine life. Further,
that such areas are necessary to be conserved for
their ecological purposes, as well as for the
substantial recreational purposes of fishing and
boating which occur thereon, as well as for the
aesthetic value of the substantial expanse of
water, together with the marine life, mangroves
and foliage connected therewith. Accordingly,
the village council hereby undertakes to regulate
water areas, mangrove areas and other fish
breeding and recreation areas within the village
to the extent that such regulations do not conflict
with either state or federal law, and no disturbance
of existing areas within the village where the
tide ebbs and flows may occur without the
specific authorization, permit and license of the
village, after due notice and hearing as to the
ecological, conservation, recreation and aesthetic
affect upon these areas shall be had.
(d)Construction of section.The terms of this
section shall be in addition to any other terms
set forth in this Code which are concerned with
applications for dredge and fill permits, applica-
tions for building, setback applications, etc., and
shall not be considered to be in lieu of any
requirements contained in the village Code.
(Ord. No. 18-79, § 1, 9-13-79)
Cross reference—Filling permits, §§ 7-16—7-20.
ARTICLE V. WATERWAYS BOARD
Sec. 5-102. Created.
A waterways board (hereinafter referred as
the board ) for the village is hereby created.
(Ord. No. 18-2004, § 1, 7-22-04)
Sec. 5-103. Composition; terms; vacancies.
(a)Composition.The waterways board shall
consist of five (5) members and two (2) alternate
members who shall be village residents.
(b)Terms.At the first appointment of the five
(5) members, one (1) member shall be appointed
for a term of one (1) year; two (2) members shall
be appointed for a term of two (2) years; and two
(2) members shall be appointed for a term of
three (3) years. Thereafter, resident members
shall be appointed for terms of three (3) years.
The terms of all members appointed subsequent
to November 1, 2005, that have terms ending in
November shall be shortened to April 30 of the
last year of the appointed term; thereafter, terms
of all members shall expire on April 30. Alternate
members shall be appointed on the same day
that regular members are appointed and on an
annual basis during April of each year to take
effect the following May 1 of each year and shall
have the duty to sit for any regular member that
is absent. Alternate members shall be appointed
as first alternate and second alternate and shall
serve in that order when required. The members
shall serve at the pleasure of the village council.
(c)Vacancies.An appointment to fill any
vacancy shall be for the remainder of the
unexpired term of office.
(Ord. No. 18-2004, § 1, 7-22-04; Ord. No. 2006-
09, § 1, 6-22-06)
Sec. 5-104. Organization.
At the first organizational meeting of the
board, the members shall elect a chairman and
vice chairman from among its members.
Subsequent to the initial organizational meeting
where officers are elected, the members shall
elect the officers from among its members at the
first regular meeting in may of each year. The
presence of three (3) members shall constitute a
§ 5-101 NORTH PALM BEACH CODE
336Supp. No. 69
quorum, and motions shall be approved by a
majority of members present. The members
shall serve without compensation. All meetings
of the waterways board shall be held at Village
Hall, 501 U.S. Highway One, North Palm Beach,
Florida, and shall be open to members of the
public.
(Ord. No. 18-2004, § 1, 7-22-04)
Sec. 5-105. Duties.
The waterways board shall have the following
missions and responsibilities:
(1) The mission of the waterways board is to
ensure that the waterways located within
the Village of North Palm Beach and the
marina located at Anchorage Park are
maintained, operated and improved to
provide the safest, most efficient, economi-
cal and environmentally-sound water
transportation route in the village and to
provide sound use of village waterways
that serve business, commercial fisheries
and recreation.
(2) The board shall identify, analyze, address
and publicize issues that affect the vil-
lage waterways, village citizens and users.
(3) The board shall endeavor to build a
growing community of support through
education of its members, prospective
members, community groups and relevant
government officials.
(4) The board shall make recommendations
to the village council as to recommended
improvements and establishment of poli-
cies.
(Ord. No. 18-2004, § 1, 7-22-04)
Sec. 5-106. Removal.
If a member of the waterways board or a
designated alternate of the board is absent from
three (3) regularly-scheduled meetings of the
board within any twelve (12) consecutive month
period without such absence being excused by
majority vote of the board, the chairman shall
promptly notify the village council. The council
may thereafter declare the member's office vacant
and promptly fill such vacancy for the unexpired
term of office.
(Ord. No. 18-2004, § 1, 7-22-04)
§ 5-106BOATS, DOCKS AND WATERWAYS
[The next page is 381]
337Supp. No. 69
Ord. No.
Adoption
Date Section
Section
this Code
2014-13 12-11-14 2 Added Ch. 6, Art. IV, §§ 6-
72—6-86
2014-14 12-11-14 2 2-4
2015-03 3-12-15 2 Added Ch. 17, Art. VIII,
§§ 17-81—17-94
2015-04 4- 9-15 2 Added 19-12
2015-05 4- 9-15 2 2-159(b)
3 2-163(a)(1)
2015-07 4-23-15 2 14-30(4)
2015-10 6-11-15 2 App. C, § 45-2
3 Added App. C, § 45-32 A.9.,
C.2.
App. C, § 45-32 E.7.
Added App. C, § 45-32 F.3.
4 App. C, § 45-35.1
II.A.8.
2015-11 6-25-15 2 App. A, § III
3 App. C, § 45-21(2)b.
4 Added App. C, § 45-38
2015-12 6-25-15 2 Ch. 2, Art. III, Div.
5 (Tit.)
2-76(b), (c)
2015-13 7-23-15 2 Added App. C, § 45-16.2
3 21-3(a)
2015-19 11-12-15 1 5-1
Added 5-18
5-19—5-25
2015-20 11-12-15 2 45-36 N.
2015-22 12-10-15 2 19-99
2016-06 5-12-16 2 Rpld Ch. 24, Art. II, Divs.
1, 2, §§ 24-16—26-
20, 26-28, 26-29
Added Ch. 24, Art. II,
§§ 24-16—24-27
2016-07 9- 8-16 2 Added 18-33
3 18-35
4 Added 18-35.1
5 2-173
2017-02 1-12-17 2 2-151(a), (b)
2017-03 1-26-17 2 Rpld Ch. 29, §§ 29-1—
29-16
Added Ch. 29, §§ 29-1—
29-20
2017-11 8-24-17 2 Rpld Ch. 12, Arts. I—III,
§§ 12.5-1—12.5-11,
12.5-21—12.5-24,
12.5-41—12.5-45
Added Ch. 12.5, Arts.
I—III, §§ 12.5-1—
12.5-8, 12.5-21, 12.5-
31—12.5-37
3 Added 6-21
2017-13 9-28-17 2 Added Ch. 27, Art. IV,
§§ 27-71-27-84
2017-18 10-12-17 2 10-5
2017-21 12-14-17 2 45-2
3 45-38B., C., D.24
CODE COMPARATIVE TABLE
2895Supp. No. 69
Ord. No.
Adoption
Date Section
Section
this Code
Added 45-34
2017-22 12-14-17 2 45-2
Added 45-24, 45-25
2017-23 12-14-17 2 Added 45-36D-3.
2017-24 12-14-17 2 12-16(a), (b)
3 Rpld 15-1, 15-2
Added 15-1—15-6
Added 15-21—15-27
2018-01 1-11-18 2 2-4(i)
2018-04 5-10-18 2 5-1
5-9
5-10
5-12
5-16
3 5-81—5-85
NORTH PALM BEACH CODE
[The next page is 2933]
2896Supp. No. 69
AUDITS (Cont'd.)
Organization. . . . . . . . . . . . . . . . . . . . . . . . . 2-53
Removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-55
B
BATHING
Diseased persons prohibited from bathing
in public pools, etc. . . . . . . . . . . . . . . . . 19-3
BICYCLES
Park regulations. . . . . . . . . . . . . . . . . . . . . . . . 20-6
Subdivisions, required improvements re
bikeways. . . . . . . . . . . . . . . . . . . . . . . . . . 36-29.1
BILLBOARDS. See: SIGNS AND
BILLBOARDS
BIRDS. See: ANIMALS AND FOWL
BLOCKS
Subdivision design standards. . . . . . . . . . . . 36-18
BOARDS, COMMITTEES AND COMMIS-
SIONS. See: DEPARTMENTS AND
OTHER AGENCIES OF VILLAGE
BOATS, DOCKS AND WATERWAYS
Abandoned boats . . . . . . . . . . . . . . . . . . . . . . . 5-8
Abatement of public nuisances on private
property. . . . . . . . . . . . . . . . . . . . . . . . 14-79 et seq.
Anchoring and mooring
Mooring limitations in waterways
(private docks and piers) . . . . . . . . 5-16
Unlawfully anchored or moored vessels
Claiming of vessel of floating structure
by owner; payment of costs. . . . 5-23
Department of law enforcement to
impound . . . . . . . . . . . . . . . . . . . . . 5-19
Owner to be notified upon impound-
ment. . . . . . . . . . . . . . . . . . . . . . . . . 5-20
Procedure in event owner cannot be
found . . . . . . . . . . . . . . . . . . . . . . . . 5-21
Reclamation of owner after sale . . . . 5-24
Unclaimed vessel to be sold;certifica-
tion of sale . . . . . . . . . . . . . . . . . . . 5-22
Authority of village to board boats violat-
ing chapter. . . . . . . . . . . . . . . . . . . . . . . . 5-17
Boat launching area
Abandoned boats and equipment
Disposition. . . . . . . . . . . . . . . . . . . . . . . . 5-36
Recovery . . . . . . . . . . . . . . . . . . . . . . . . . . 5-37
Designated; use restricted . . . . . . . . . . . . 5-33
Permits required
Boats remaining for more than 24
hours . . . . . . . . . . . . . . . . . . . . . . . . 5-35
Repairs prohibited . . . . . . . . . . . . . . . . . . . 5-34
Vehicle/trailer parking in designated
areas. . . . . . . . . . . . . . . . . . . . . . . . . . . 5-35
Violation; penalty . . . . . . . . . . . . . . . . . . . . 5-38
Bulkhead lines . . . . . . . . . . . . . . . . . . . . . . . . . 7-1 et seq.
See: BULKHEAD LINES
Code enforcement, applicability re. . . . . . . 2-173
BOATS, DOCKS AND WATERWAYS (Cont'd.)
Construction requirements
Bulkheads and seawalls
Compliance with provisions required 5-69
Inspection required . . . . . . . . . . . . . . . . 5-73
Permit fee. . . . . . . . . . . . . . . . . . . . . . . . . 5-72
Specifications . . . . . . . . . . . . . . . . . . . . . 5-71
Submission of plans and specifica-
tions. . . . . . . . . . . . . . . . . . . . . . . . . 5-70
Canals
Canal crossings. . . . . . . . . . . . . . . . . . . . 5-60
Compliance with provisions required 5-56
Drainage canals . . . . . . . . . . . . . . . . . . . 5-59
General requirements. . . . . . . . . . . . . . 5-57
Navigation canals . . . . . . . . . . . . . . . . . 5-58
Surety bond prerequisite to issuance
of building permit in certain
cases . . . . . . . . . . . . . . . . . . . . . . . . 5-61
Docks and piers
Construction in waters other than
Lake Worth and Atlantic Ocean,
regulations governing. . . . . . . . . 5-84
Definitions . . . . . . . . . . . . . . . . . . . . . . . . 5-81
Generally . . . . . . . . . . . . . . . . . . . . . . . . . 5-82
Lake Worth and Atlantic Ocean,
regulations governing construc-
tion in . . . . . . . . . . . . . . . . . . . . . . . 5-85
Minimum design requirements . . . . . 5-83
Variances . . . . . . . . . . . . . . . . . . . . . . . . . 5-86
Erosion control structures
Construction . . . . . . . . . . . . . . . . . . . . . . 5-95
Control . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-96
Definitions . . . . . . . . . . . . . . . . . . . . . . . . 5-93
Permitted, when. . . . . . . . . . . . . . . . . . . 5-94
Piers. See within this subheading: Docks
and Piers
Seawalls. See within this subheading:
Bulkheads and Seawalls
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1
Disturbing other boats. . . . . . . . . . . . . . . . . . 5-6
Exhibition boats exempted from certain
restrictions. . . . . . . . . . . . . . . . . . . . . . . . 5-4
Flood damage prevention provisions . . . . . 12.5-1 et seq.
See: FLOOD DAMAGE PREVENTION
Health and sanitation requirements
Cleanliness of docks. . . . . . . . . . . . . . . . . . 5-11
Observance of village health and conduct
rules . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-10
Pollution of waterways . . . . . . . . . . . . . . . 5-13
Refuse disposal . . . . . . . . . . . . . . . . . . . . . . 5-12
Live aboard boats
Living aboard boats restricted . . . . . . . . 5-15
Occupancy of live aboard boats, floating
structure or vessels in village
waterways. . . . . . . . . . . . . . . . . . . . . . 5-25
Marine sanctuaries
Designation of waters as marine
sanctuaries
Area to be regulated . . . . . . . . . . . . . . . 5-101(c)
Areas designated . . . . . . . . . . . . . . . . . . 5-101(b)
CODE INDEX
Section Section
2937Supp. No. 69
BOATS, DOCKS AND WATERWAYS (Cont'd.)
Construction of provision . . . . . . . . . . 5-101(d)
Definition . . . . . . . . . . . . . . . . . . . . . . . . . 5-101(a)
Mooring, docking, or beaching of boats on
public or private property without
permission . . . . . . . . . . . . . . . . . . . . . . . . 5-9
Noise control
Radios or other mechanical sound-
making devices or instruments in
vessels, operation of. . . . . . . . . . . . . 19-103
Parking
Boats and boat trailers; parking on
residential property restricted in
R-1 and R-2 residential zoning
districts . . . . . . . . . . . . . . . . . . . . . . . . 18-35
Prohibited parking upon right-of-way
of specific roadways . . . . . . . . . . . . . 18-34.1
Prohibition of floating structures . . . . . . . . 5-18
Running engines, hours in residential
districts. . . . . . . . . . . . . . . . . . . . . . . . . . . 5-14
Searchlights, use of. . . . . . . . . . . . . . . . . . . . . 5-7
Speed limits; wakes. . . . . . . . . . . . . . . . . . . . . 5-2
Subdivision provisions re waterways. . . . . 36-22 et seq.
See: SUBDIVISIONS (Appendix B)
Swimming in restricted waters . . . . . . . . . . 5-3
Water skiing . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-5
Waterways board . . . . . . . . . . . . . . . . . . . . . . . 5-102 et seq.
BONDS
Administrative code; bonds required of
certain officers . . . . . . . . . . . . . . . . . . . . 2-42
Canal construction; surety bond
prerequisite to issuance of building
permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-61
Communications services
Construction bond . . . . . . . . . . . . . . . . . . . 29-14
Finance director, duties re . . . . . . . . . . . . . . 2-59(7)
Village manager. . . . . . . . . . . . . . . . . . . . . . . . 2-117
BRUSH. See: WEEDS AND BRUSH
BUILDINGS
Abatement of unsafe or unsanitary build-
ings
Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-81
Authority to expend funds . . . . . . . . . . . . 6-85
Enforcement and right of entry . . . . . . . 6-74
Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-79
Implementation. . . . . . . . . . . . . . . . . . . . . . 6-80
Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-75
Lien, imposition of . . . . . . . . . . . . . . . . . . . 6-84
Performance of work . . . . . . . . . . . . . . . . . 6-82
Placard posting . . . . . . . . . . . . . . . . . . . . . . 6-78
Provisions supplemental. . . . . . . . . . . . . . 6-86
Purpose and scope . . . . . . . . . . . . . . . . . . . 6-72
Recovery of costs. . . . . . . . . . . . . . . . . . . . . 6-83
Service of notice of violation . . . . . . . . . . 6-77
Unsafe or unsanitary buildings and
structures . . . . . . . . . . . . . . . . . . . . . . 6-73
Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-76
BUILDINGS (Cont'd.)
Appearance code
Appeals and review . . . . . . . . . . . . . . . . . . 6-35
Appearance plan . . . . . . . . . . . . . . . . . . . . . 6-33
Certificate of appropriateness
Final hearings. . . . . . . . . . . . . . . . . . . . . 6-57
Follow-up by community develop-
ment department. . . . . . . . . . . . . 6-60
Planning commission
Action of . . . . . . . . . . . . . . . . . . . . . . . 6-58
Approval by . . . . . . . . . . . . . . . . . . . . 6-59
Preliminary consideration. . . . . . . . . . 6-56
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-31
Intent and purposes. . . . . . . . . . . . . . . . . . 6-32
Planning commission, powers and duties
re . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-36
Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-30
Appearance plan (Appendix A). See that
subject
Code enforcement, applicability re. . . . . . . 2-173
Codes
Appearance code. See herein that subject
Building code . . . . . . . . . . . . . . . . . . . . . . . . 6-17
Electrical code . . . . . . . . . . . . . . . . . . . . . . . 11-11, 11-12
Fire prevention code . . . . . . . . . . . . . . . . . 12-16 et seq.
Country club . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1 et seq.
See: COUNTRY CLUB
Electrical code. . . . . . . . . . . . . . . . . . . . . . . . . . 11-11, 11-12
Flood damage prevention . . . . . . . . . . . . . . . 12.5-1 et seq.
See: FLOOD DAMAGE PREVENTION
Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . 27-31 et seq.
See: LANDSCAPING
Minimum construction standards
Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-16
Codes adopted . . . . . . . . . . . . . . . . . . . . . . . 6-17
Construction board of adjustment and
appeals. . . . . . . . . . . . . . . . . . . . . . . . . 6-18
Appointment . . . . . . . . . . . . . . . . . . . . . . 6-18(a)
Membership. . . . . . . . . . . . . . . . . . . . . . . 6-18(b)
Powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-18(f)
Appeals . . . . . . . . . . . . . . . . . . . . . . . . 6-18(f)(1)
Variances. . . . . . . . . . . . . . . . . . . . . . . 6-18(f)(2)
Procedures . . . . . . . . . . . . . . . . . . . . . . . . 6-18(g)
Quorum and voting . . . . . . . . . . . . . . . . 6-18(d)
Secretary to the board . . . . . . . . . . . . . 6-18(e)
Terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-18(c)
Technical amendments to the Florida
Building Code, Residential. . . . . . . 6-21
Violations and penalty . . . . . . . . . . . . . . . 6-19
Missiles, throwing . . . . . . . . . . . . . . . . . . . . . . 19-83
Obstructing passageway . . . . . . . . . . . . . . . . 19-47
Outdoor displays. See herein: Signs and
Outdoor Displays
Park and recreation facilities; erecting
buildings or structures. . . . . . . . . . . . . 20-3
Public land, construction on prohibited . . 6-1
Signs and outdoors displays. . . . . . . . . . . . . 6-110 et seq.
See: SIGNS AND BILLBOARDS
Smoke, dust, odors, liquids, etc. . . . . . . . . . 19-9
Spitting in public places prohibited . . . . . . 19-5
NORTH PALM BEACH CODE
Section Section
2938Supp. No. 69