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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