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Pages Replaced by Supplement #69TABLE 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 Supp. No. 68 xi NORTH PALM BEACH CODE Chapter Page Art. IV. Manager ................................... 144 Art. V. Pensions and Retirement Systems............ 144 Div. 1. Generally ............................... 144 Div. 2. Social Security .......................... 144 Div. 3. Pension and Certain Other Benefits for Div. 2. Canals .................................. General Employees ...................... 145 Div. 4. Pension and Certain Other Benefits for Div. 4. Docks and Piers ......................... Fire and Police Employees ............... 152.3 Div. 5. Length of Service Award Plan for Volunteer Art. IV. Marine Sanctuaries ......................... 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 Boats, Docks and Waterways ............................. 319 Art. I. In General .................................. 321 Art. II. Boat Launching Area ..................... 326 Art. III. Construction Requirements ................. 326.1 Div. 1. Generally ............................... 326.1 Div. 2. Canals .................................. 326.1 Div. 3. Bulkheads and Seawalls ................. 327 Div. 4. Docks and Piers ......................... 328 Div. 5. Erosion Control Structures ............... 333 Art. IV. Marine Sanctuaries ......................... 333 Art. V. Waterways Board ........................... 334 6. Buildings and Building Regulations ...................... 381 Art. I. In General .................................. 383 Art. II. Minimum Construction Standards ........... 383 Art. III. Appearance Code .......................... 386 Div. 1. Generally ............................... 386 Div. 2. Reserved ................................ 387 Div. 3. Certificate of Appropriateness............ 387 Art. IV. Abatement of Unsafe or Unsanitary Buildings 388 Art. V. Signs and Outdoor Displays .................. 392.1 Art. VI. Reserved .................................. 401 Art. VII. Reserved .................................. 401 7. Bulkhead Lines ......................................... 453 Art. I. In General .................................. 455 Art. II. Filling Permit .............................. 455 8. Emergency Management ................................. 507 Art. I. In General........... .................... 509 Art. II. Civil Disorders and Disturbances ............ 510 Supp. No. 68 xii Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title Page 64 12.1 61 iii 1 13,14 25 V, vi OC 15,16 68 vii, viii OC 17,18 68 ix OC 65 68 x.i, x.ii 1 77 OC X.iii 1 79,80 OC xi, xii 68 81,82 58 xiii, xiv 67 83 58 xv, xvi 67 133, 134 62 SH:l, SH:2 63 134.1, 134.2 62 SH:3 68 134.3, 134.4 62 1 25 135, 136 60 3,4 25 137,138 60 5,6 25 138.1, 138.2 60 7,8 25 138.3, 138.4 68 9, 10 29 138.5, 138.6 68 10.1, 10.2 53 138.7, 138.8 68 10.3, 10.4 53 138.9, 138.10 68 10.5, 10.6 53 139, 140 34 11,12 61 141,142 62 [1] Supp. No. 68 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 142.1, 142.2 62 329,330 58 143,144 52 331,332 58 144.1 52 332.1 58 145,146 47 333,334 45 147,148 47 335 45 149,150 47 381,382 66 151,152 65 383,384 53 152.1, 152.2 65 385,386 66 152.2.1 65 386.1 66 152.3, 152.4 47 387,388 60 152.5, 152.6 60 389,390 60 153,154 61 391,392 60 154.1 61 392.1, 392.2 60 155,156 46 392.3, 392.4 60 157,158 52 392.5 60 159,160 61 393,394 56 160.1, 160.2 61 395,396 56 161,162 46 397,398 56 162.1, 162.2 46 398.1 56 163,164 52 398.15, 398.16 40 164.1, 164.2 65 399,400 53 164.3 65 401 53 165,166 48 453 OC 167, 168 48 455,456 22 169,170 48 507 57 211 OC 509,510 57 213,214 19 511,512 57 263 59 559 36 265,266 59 561,562 52 266.1 59 563 40 267,268 52 615 36 269 52 617,618 67 319,320 63 671 2 321,322 63 673 24 323,324 63 695 13 325,326 63 697 52 326.1, 326.2 63 723 52 327,328 27 725,726 67 [2] Supp. No. 68 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 727 67 1063, 1064 54 777 66 1065, 1066 54 779,780 66 1067, 1068 61 781,782 66 1069, 1070 61 783,784 66 1121 OC 785,786 66 1171 65 787,788 66 1173, 1174 65 789,790 66 1175, 1176 65 791,792 66 1177, 1178 65 793,794 66 1179, 1180 65 795,796 66 1225 61 797,798 66 1227, 1228 61 799 66 1229,1230 63 839 OC 1231, 1232 63 889 39 1233, 1234 63 891,892 61 1235 63 893,894 52 1237, 1238 52 895 50 1239, 1240 52 945 67 1241, 1242 52 947,948 67 1289 52 949,950 67 1291, 1292 52 951,952 67 1293, 1294 29 953,954 67 1295 29 955,956 67 1343, 1344 62 997 OC 1345, 1346 62 999, 1000 22 1347, 1348 62 1051, 1052 61 1348.1 62 1052.1 61 1349, 1350 45 1053, 1054 31 1350.1, 1350.2 45 1054.1, 1054.2 31 1351, 1352 33 1054.3, 1054.4 31 1353, 1354 33 1055, 1056 36 1355, 1356 33 1057, 1058 33 1356.1 33 1059, 1060 33 1357, 1358 OC 1060.1, 1060.2 43 1359, 1360 33 1060.3, 1060.4 43 1361, 1362 33 1060.5 43 1363, 1364 52 1061, 1062 8 1364.1 52 [3] Supp. No. 68 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 1365, 1366 33 2043 OC 1366.1, 1366.2 52 2045, 2046 62 1366.3, 1366.4 33 2046.1 62 1367 5 2047, 2048 OC 1411 OC 2049, 2050 OC 1463 OC 2051, 2052 OC 1465, 1466 52 2053 OC 1517 64 2353 OC 1519, 1520 64 2355, 2356 OC 1520.1, 1520.2 64 2357, 2358 33 1520.3, 1520.4 64 2359, 2360 33 1521, 1522 47 2361, 2362 33 1523 47 2363, 2364 33 1573 24 2364.1 33 1575, 1576 29 2365, 2366 OC 1627 9 2367, 2368 37 1629, 1630 27 2368.1 37 1631 27 2369, 2370 OC 1681, 1682 66 2371, 2372 OC 1683, 1684 33 2373, 2374 33 1684.1, 1684.2 24 2375, 2376 33 1685, 1686 OC 2377, 2378 33 1687, 1688 17 2379 67 1689, 1690 66 2479, 2480 67 1691, 1692 66 2481, 2482 67 1693, 1694 66 2483, 2484 67 1739 14 2485, 2486 67 1741, 1742 21 2486.1 67 1781 65 2487, 2488 62 1783, 1784 65 2488.1, 2488.2 62 1785, 1786 65 2488.3, 2488.4 62 1787, 1788 65 2488.5, 2488.6 62 1789, 1790 65 2488.7, 2488.8 68 1791, 1792 65 2488.9, 2488.10 67 1793, 1794 65 2488.11 67 1795, 1796 65 2489, 2490 59 1797, 1798 65 2491, 2492 59 1799 65 2493, 2494 59 [4] Supp. No. 68 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 2495, 2496 59 2510.45, 2510.46 25, Add. 2497, 2498 59 2510.47, 2510.48 25, Add. 2499, 2500 59 2510.49, 2510.50 25, Add. 2501, 2502 59 2510.51, 2510.52 25, Add. 2503, 2504 62 2510.53, 2510.54 25, Add. 2504.1, 2504.2 62 2510.55, 2510.56 25, Add. 2504.2.1 62 2511, 2512 57 2504.3, 2504.4 59 2512.1, 2512.2 67 2504.5, 2504.6 59 2512.2.1, 2512.2.2 67 2504.7, 2504.8 59 2512.2.3 67 2505, 2506 10 2512.3, 2512.4 49 2507, 2508 13 2512.5, 2512.6 50 2509, 2510 62 2512.7, 2512.8 51 2510.1, 2510.2 62 2512.9, 2512.10 67 2510.2.1 62 2512.10.1 63 2510.3, 2510.4 54 2512.11, 2512.12 51 2510.5, 2510.6 54 2512.13 51 2510.7, 2510.8 54 2513, 2514 OC 2510.9, 2510.10 54 2515, 2516 62 2510.11, 2510.12 54 2517, 2518 67 2510.12.1, 2510.12.2 54 2519, 2520 67 2510.12.3 54 2521, 2522 67 2510.13, 2510.14 25, Add. 2523, 2524 67 2510.15, 2510.16 25, Add. 2524.1 67 2510.17, 2510.18 25, Add. 2525, 2526 62 2510.19, 251020 25, Add. 2527, 2528 62 2510.21, 2510.22 25, Add. 2529, 2530 67 2510.23, 2510.24 51 2531, 2532 67 2510.25, 2510.26 25, Add. 2533 67 2510.27, 2510.28 25, Add. 2619 48 2510.29, 2510.30 25, Add. 2819, 2820 63 2510.31, 2510.32 25, Add. 2869, 2870 OC 2510.33, 2510.34 25, Add. 2871 OC 2510.35, 2510.36 51 2873 OC 2510.37, 2510.38 25, Add. 2875, 2876 OC 2510.39, 2510.40 25, Add. 2877, 2878 OC 2510.41, 2510.42 25, Add. 2879, 2880 OC 2510.43, 2510.44 25, Add. 2881, 2882 14 [5] Supp. No. 68 NORTH PALM BEACH CODE Page No. Supp. No. 2883, 2884 14 2885, 2886 19 2887, 2888 25, Add. 2889, 2890 33 2891, 2892 51 2893, 2894 60 2895, 2896 68 2933, 2934 25 2935, 2936 65 2937, 2938 67 2939, 2940 67 2941, 2942 67 2943, 2944 67 2945, 2946 67 2947, 2948 67 2949, 2950 67 2951, 2952 67 2953, 2954 67 2955, 2956 67 2957, 2958 67 2959 67 2961, 2962 67 2963, 2964 67 [6] Supp. No. 68 SUPPLEMENT HISTORY TABLE 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 Supp. No. 68 SH:3 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 lagoons (private docks). 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. Supp. No. 63 319 NORTH PALM BEACH CODE 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. Supp. No. 63 320 BOATS, DOCKS AND WATERWAYS § 5-2 ARTICLE I. IN GENERAL Mooring shall mean any appliance used to secure a vessel or floating structure other than Sec. 5-1. Definitions. to a pier, dock or bulkhead. 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. Supp. No. 63 321 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) 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) § 5-3 NORTH PALM BEACH CODE 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 Supp. No. 63 322 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) 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) 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. 21.2-70, § 19) BOATS, DOCKS AND WATERWAYS 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 Supp. No. 63 323 § 5-17 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 facilities aboard any boat be flushed 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 community development department. 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, § 2.13, 11-9-06) Cross reference—Housing code adopted by reference, § 15-1. Sec. 5-16. Mooring limitations in lagoons (private docks). Excluding lagoon end situations, for proper- ties fronting lagoons, no vessel that is moored shall extend more than thirty (30) percent of the lagoon width from the face of the bulkhead nor extend beyond the side property lines extended. (Ord. No. 2006-01, § 1, 1-26-06) 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 navigation, and move or cause it to be moved to § 5-17 NORTH PALM BEACH CODE 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- Supp. No. 63 324 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 such notice with the person who has been BOATS, DOCKS AND WATERWAYS 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 Supp. No. 63 325 § 5-24 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 § 5-24 NORTH PALM BEACH CODE 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 Supp. No. 63 326 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- BOATS, DOCKS AND WATERWAYS 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. *Cross references—Buildings and building regulations, Ch. 6; coastal construction code, § 6-151 et seq. § 5-58 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) Supp. No. 63 326.1 § 5-59 NORTH PALM BEACH CODE 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 Supp. No. 63 326.2 BOATS, DOCKS AND WATERWAYS 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 wa- ter. (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 vertical 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 submit- ted 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 unplatted 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 sat- isfactory 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 satisfac- Supp. No. 27 327 § 5-71 tory 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. 5-62-5768. Reserved. DIVISION 3. BULKHEADS AND SEAWALLS* Sec. 5.69. Compliance with division re- quired. 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 specifi- cations. 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 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 compara- ble or better qualities for the purposes of bulkheads or seawalls, depending upon the recommendation of the designing en- gineer. All bulkheads and seawalls shall be capped with a continuous reinforced concrete cap a minimum often (10) inches *Cross reference—Bulkhead lines generally, Ch. 7. § 5-71 NORTH PALM BEACH CODE 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 exist- ence on adjacent property insofar as pos- sible. Special exceptions to this elevation requirement may be granted if the instal- lation is in connection 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 con- struction. (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 in- spect the site prior to backfilling any anchors or tie rods and before pouring any cast -in-place construction and before final cap pouring. Supp. No. 27 328 (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. Pier means a dock that extends more than five (5) feet perpendicular to a bulkhead or shoreline. 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. 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) 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. BOATS, DOCKS AND WATERWAYS § 5-83 (b) Boat davits and other boat -lifting devices d. All piling are to be set a maximum of shall require a building permit. ten (10) feet on center for timber (c) Docks, piers, mooring buoys and anchors deck construction. and other waterside structures shall require a (2) Stringers and bracing. Stringers and brac- building permit. ing, if lumber, shall be a minimum two - (Code 1970, § 11-33; Ord. No. 3-71, § 2; Ord. No. inch by eight -inch. 10-2000, § 1, 4-13-00) (3) Decking. Decking, if lumber, shall be a Sec. 5-83. Minimum design requirements. minimum two-inch by six-inch. (a) Coverings. Any sun, wind or weather cov- ering 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) 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 MPl, MP2 or MP4. Pile cutoff shall be treated in accordance with AWPA M4. Supp. No. 58 329 (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 fas- tened 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. (f) Structural equivalents permitted. Docks and piers of other design and material may be permit- ted when structurally equivalent to the above. (g) Commercial docks and piers. All commer- cial docks and piers are to be designed by a Florida registered professional engineer. (h) 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. (i) Commercial marinas. All fixed docks and piers to be constructed in commercial marinas shall be concrete or equal. () Batter piles. (1) Batter piles are to be designed by a Flor- ida registered professional engineer. § 5-83 NORTH PALM BEACH CODE (2) Batter piles are to be constructed of pre- dead end of a lagoon, a dock or a pier may stressed concrete. be placed zero (0) feet from the side prop - (3) A building permit shall be required prior erty line extended when all the following to construction for all batter piles. requirements are complied with: (4) Batter piles shall be installed only under the following conditions: a. Obstructions prevent use of stan- dard tiebacks and anchors to rein- force 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 maxi- mum 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) (5) 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 accor- dance with the following requirements and regu- lations: (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 ex- tended. (3) In regard to construction waterside of any lot having greater than fifty -foot 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 Supp. No. 58 330 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. The dock or pier on a lot shall be structurally independent of the dock or pier on the adjacent lot. 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 max- imum 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 max- imum 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 twen- ty-five (25) percent of the waterway width of the Earman River; pro- vided, however, that, a pier may ex- tend 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 struc- ture which may be constructed in accordance with this chapter. Piers (7) (8) (9) BOATS, DOCKS AND WATERWAYS located in the Earman River may be constructed with "L" heads, "T" heads, or other configurations that may al- low for the docking of vessels paral- lel to the shore provided the maxi- mum allowable length waterside is reduced by twelve (12) feet. No pier shall be located closer to the side property line extended than its ex- tension waterside. b. Piers located on Teal Way in Pros- perity Harbor may not exceed six (6) feet in width and shall be a maxi- mum 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. 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 bulk- head or the shore. Wave breaks shall be allowed only at lagoon entrances opening into Lake Worth. In the North Palm Beach Waterway, dol- phin poles, mooring posts, mooring buoys or floating anchors shall be placed a max- imum of thirty (30) feet from the face of the bulkhead of the shore. 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 wa- terway 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 maxi- mum 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 de- partment. Supp. No. 58 331 § 5-85 (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. (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) 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 Atlan- tic Ocean, shall meet the following regulations 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 draw- ings shall be submitted bearing the certi- fication 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 con- tained in this division shall be construed to affect the rights or obligations con- nected 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 con- struction done in accordance with this division. § 5-85 (3) (4) (5) (6) (7) NORTH PALM BEACH CODE No pier shall extend beyond a line fifty (50) feet waterside from and parallel to the bulkhead line of the village. The centerline of all piers shall be on a uniform alignment. 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. 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. All piers and docks shall be constructed with all major components including pil- ing, beams, decks, etc., constructed of reinforced concrete. 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 in- stalled adjacent to piers, with location to be determined by the building depart- ment. (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 ex- tended. (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 de- signed and located in such a manner as to not allow the moored vessel to cross the side property lines extended. Mooring buoys and anchors shall be located paral- lel to the bulkhead no more than one hundred fifty (150) feet from the bulk- Supp. No. 58 332 head. No live-aboards are allowed. The upland landowner shall not moor or an- chor more than one (1) boat. (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) 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 condi- tions, 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 adjust- ment 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 lit- eral 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 ordi- nance, the board of adjustment must find: "1. That special conditions and circum- stances exist which are peculiar to the land, structure, or building in- volved and which are not applicable to other lands, structures, or build- ings in the same zoning district; "2. That the special conditions and cir- cumstances 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 zon- ing district; BOATS, DOCKS AND WATERWAYS § 5-86 "4. That literal interpretation of the pro- visions of the ordinance would de- prive the applicant of the rights com- monly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hard- ship on the applicant; Supp. No. 58 332.1 BOATS, DOCYS AND WATERWAYS "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 in- tent and purpose of the ordinance and that such variance will not be injurious to the area involved or oth- erwise detrimental to the public wel- fare. "(b) In granting any variance, the board of adjustment may prescribe appropriate con- ditions and safeguards in conformity with this part and any ordinance enacted un- der its authority. Violation of such condi- tions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation 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 ac- cordance 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 struc- tures" shall mean seawalls and/or groins designed to control and prevent erosion of existing 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—Mules of construction and definitions generally, § 1-2. *Cross reference Coastal construction code, § 6-151. et seq. Supp. No. 45 333 Sec. 5-94. When permitted. § 5-101 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 vil- lage 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 con- trol structures shall be prepared by a Florida registered engineer and be approved by the vil- lage 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 al- tered or removed under the authority and deci- sion of the village council. Erosion control struc- tures may be constructed by upland landowners 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 tEditor's note—Ord. No. 18-79, § 1, adopted Sept. 1.3, 1979, amended the Code by adding § 7-25. However, for purposes of classification, the new provisions have been redes- ignated as Ch. 5, Art. IV, § 5-101, at the editor's discretion. § .5-101 NORTH PALM BEACH CODE Worth, the Intracoastal Waterway and other wa- ter areas throughout the village which under normal circumstances support vegetation typi- cally adapted for life in the water and for the preservation and growth of fish breeding, recre- ation and aesthetic areas. (b) Areas designated. The village nominates all water areas within its corporate limits, and, in particular, Lake Worth and the Intracoastal Wa- terway, to be designated as "a marine and wildlife- sanctuary" ildlifesanctuary" 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 commerce 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 bound- aries 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, per- mit and license of the village, after due notice and hearing as to the ecological, conservation, recre- ation 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- Supp. No. 45 334 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 Novem- ber 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 mem- bers 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 follow- ing May 1 of each year and shall have the duty to sit for any regular member that is absent. Alter- nate members shall be appointed as first alter- nate 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 va- cancy 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 BOATS, DOCKS AND WATERWAYS chairman from among its members. Subsequent to the initial organizational meeting where offic- ers are elected, the members shall elect the offic- ers from among its members at the first regular meeting in may of each year. The presence of three (3) members shall constitute a quorum, and motions shall be approved by a majority of mem- bers 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, econom- ical 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 village waterways, village citizens and users. (3) The board shall endeavor to build a grow- ing community of support through educa- tion of its members, prospective members, community groups and relevant govern- ment 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 § 5-106 without such absence being excused by majority vote of the board, the chairman shall promptly notify the village council. The council may there- after 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) [The next page is 381.1 Supp. No. 45 385 Ord. No. 2014-13 2014-14 2015-03 2015-04 2015-05 2015-07 2015-10 2015-11 2015-12 2015-13 2015-19 2015-20 2015-22 2016-06 CODE COMPARATIVE TABLE Adoption Date Section 12-11-14 2 12-11-14 2 3-12-15 2 4- 9-15 2 4- 9-15 2 14-30(4) 3 4-23-15 2 6-11-15 2 C.2. 3 4 6-25-15 2 3 4 6-25-15 2 7-23-15 2 3 11-12-15 1 11-12-15 2 12-10-15 2 5-12-16 2 2016-07 9- 8-16 2 3 4 5 2017-02 1-12-17 2 2017-03 1-26-17 2 2017-11 2017-13 2017-18 2017-21 Supp. No. 68 8-24-17 2 3 9-28-17 2 10-12-17 2 12-14-17 2 3 9.61 Section this Code Added Ch. 6, Art. IV, §§ 6- 72-6-86 2-4 Added Ch. 17, Art. VIII, §§ 17-81-17-94 Added 19-12 2-159(b) 2-163(a)(1) 14-30(4) App. C, § 45-2 Added App. C, § 45-32 A.9., C.2. App. C, § 45-32 E.7. Added App. C, § 45-32 F.3. App. C, § 45-35.1 II.A.8. App. A, § III App. C, § 45-21(2)b. Added App. C, § 45-38 Ch. 2, Art. III, Div. 5 (Tit.) 2-76(b), (c) Added App. C, § 45-16.2 21-3(a) 5-1 Added 5-18 5-19-5-25 45-36 N. 19-99 Rpld Ch. 24, Art. II, Divs. 1, 2, §§ 24-16-26- 20, 26-28, 26-29 Added Ch. 24, Art. II, §§ 24-16-24-27 Added 18-33 18-35 Added 18-35.1 2-173 2-151(a), (b) Rpld Ch. 29, §§ 29-1- 29-16 Added Ch. 29, §§ 29-1- 29-20 Rpld Ch. 12, Arts. I—III, §§ 12.5-1-12.5-11, 12.5-21-12.5-24, 12.5-41-12.5-45 Added Ch. 12.5, Arts. I—III, §§ 12.5-1- 12.5-8, 12.5-21, 12.5- 31-12.5-37 Added 6-21 Added Ch. 27, Art. IV, §§ 27-71-27-84 10-5 45-2 45-38B., C., D.24 NORTH PALM BEACH CODE Adoption Ord. No. Date Section 2017-22 12-14-17 2 2017-23 12-14-17 2 2017-24 12-14-17 2 3 2018-01 1-11-18 2 [The next page is 29331 Supp. No. 68 2896 Section this Code Added 45-34 45-2 Added 45-24, 45-25 Added 45-36D-3. 12-16(a), (b) Rpld 15-1,15-2 Added 15-1-15-6 Added 15-21-15-27 2-4(i) [The next page is 29331 Supp. No. 68 2896 CODE INDEX Supp. No. 67 2937 Section Section AUDITS (Cont'd.) BOATS, DOCKS AND WATERWAYS (Cont'd.) Organization ......................... 2-53 Construction requirements Removal ............................. 2-55 Bulkheads and seawalls Compliance with provisions required 5-69 B Inspection required ................ 5-73 Permit fee ......................... 5-72 BATHING Specifications ..................... 5-71 Diseased persons prohibited from bathing Submission of plans and specifica- in public pools, etc ................. 19-3 tions......................... 5-70 BICYCLES Canals Park regulations ........................ 20-6 Canal crossings.................... 5-60 Subdivisions, required improvements re Compliance with provisions required 5-56 bikeways .......................... 36-29.1 Drainage canals................... 5-59 General requirements .............. 5-57 BILLBOARDS. See: SIGNS AND Navigation canals ................. 5-58 BILLBOARDS Surety bond prerequisite to issuance of building permit in certain BIRDS. See: ANIMALS AND FOWL cases ........................ 5-61 BLOCKS Docks and piers Subdivision design standards............ 36-18 Construction in waters other than Lake Worth and Atlantic Ocean, BOARDS, COMMITTEES AND COMMIS- regulations governing......... 5-84 SIONS. See: DEPARTMENTS AND Definitions ........................ 5-81 OTHER AGENCIES OF VILLAGE Generally ......................... 5-82 BOATS, DOCKS AND WATERWAYS Lake Worth and Atlantic Ocean, Abandoned boats........ .............. 5-8 regulations governing construc- Abatement of public nuisances on private tion in ....................... 5-85 property ...................:.... 14-79 et se q Minimum design requirements ..... 5-83 Anchoring and mooring a Variances......................... 5-86 Mooring limitations in lagoons (private Erosion control structures docks) .......................... 5-16 Construction ...................... 5-95 Unlawfully anchored or moored vessels Control ........................... 5-96 Claiming of vessel of floating structure Definitions ........................ 5-93 by owner; payment of costs.... 5-23. Permitted, when ................... 5-94 Department of law enforcement to Piers. See within this subheading: Docks impound ..................... 5-19 and Piers Owner to be notified upon impound- Seawalls. See within this subheading: ment......................... 5-20 Bulkheads and Seawalls Procedure in event owner cannot be Definitions ............................. 5-1 found ........................ 5-21 Disturbing other boats.................. 5-6 Reclamation of owner after sale .... 5-24 Exhibition boats exempted from certain Unclaimed vessel to be sold; certifica- restrictions ........................ 5-4 tion of sale ................... 5-22 Flood damage prevention provisions ..... 12.5-1 et seq. Authority of village to board boats violat- See: FLOOD DAMAGE PREVENTION ing chapter ........................ 5-17 Health and sanitation requirements Boat launching area Cleanliness of docks .................. 5-11 Abandoned boats and equipment Observance of village health and conduct Disposition ........................ 5-36 rules ........................... 5-10 Recovery .......................... 5-37 Pollution of waterways ............... 5-13 Designated; use restricted ............ 5-33 Refuse disposal ...................... 5-12 Permits required Live aboard boats Boats remaining for more that 24 Living aboard boats restricted ........ 5-15 hours ........................ 5-35 Occupancy of live aboard boats, floating Repairs prohibited ................... 5-34 structure or vessels in village Vehicle/trailer parking in designated waterways ...................... 5-25 areas ........................... 5-35 Marine sanctuaries Violation; penalty .................... 5-38 Designation of waters as marine Bulkhead lines ......................... 7-1 et seq. sanctuaries See: BULKHEAD LINES Area to be regulated ............... 5-101(c) Code enforcement, applicability re....... 2-173 Areas designated .................. 5-101(b) Supp. No. 67 2937 NORTH PALM BEACH CODE Supp. No. 67 2938 Section Section BOATS, DOCKS AND WATERWAYS (Cont'd.) BUILDINGS (Cont'd.) Construction of provision .......... 5-101(d) Appearance code Definition ......................... 5-101(a) Appeals and review .................. 6-35 Mooring, docking, or beaching of boats on Appearance plan ..................... 6-33 public or private property without Certificate of appropriateness permission ........................ 5-9 Final hearings..................... 6-57 Noise control Follow-up by community develop - Radios or other mechanical sound- ment department ............. 6-60 making devices or instruments in Planning commission vessels, operation of ............. 19-103 Action of ....................... 6-58 Parking Approval by .................... 6-59 Boats and boat trailers; parking on Preliminary consideration.......... 6-56 residential property restricted in Definition ........................... 6-31 R-1 and R-2 residential zoning Intent and purposes .................. 6-32 districts ........................ 18-35 Planning commission, powers and duties Prohibited parking upon right-of-way re .............................. 6-36 of specific roadways ............. 18-34.1 Short title ........................... 6-30 Prohibition of floating structures ........ 5-18 Appearance plan (Appendix A). See that Running engines, hours in residential subject districts ........................... 5-14 Code enforcement, applicability re ....... 2-173 Searchlights, use of ..................... 5-7 Codes Appearance code. See herein that subject Speed limits; wakes ..................... 5-2 Building code ........................ 6-17 Subdivision provisions re waterways..... 36-22 et seq. Electrical code ................. 11-12 See: SUBDIVISIONS (Appendix B) Fire prevention code ................. code 12-162-16 et seq. Swimming in restricted waters .......... 5-3 Country club ........................... 9-1 et seq. Water skiing ........................... 5-5 See: COUNTRY CLUB Waterways board ....................... 5-102 et seq. Electrical code............. ............. 11-11, 11-12 BONDS Flood damage prevention ............... 12.5-1 et seq. Administrative code; bonds required of See: FLOOD DAMAGE PREVENTION certain officers .................... 2-42 Landscaping ........................... 27-31 et seq. Canal construction; surety bond See: LANDSCAPING prerequisite to issuance of building Minimum construction standards permit ............................ 5-61 Authority............................ 6-16 Communications services Codes adopted ....................... 6-17 Construction bond 29-14 Construction board of adjustment and ................... Finance director, duties re .............. 2-59(7) appeals......................... Appointment...................... 6-18 6-18(a) Village manager ........................ 2-117 Membership ....................... 6-18(b) BRUSH. See: WEEDS AND BRUSH Powers ............................ 6-18(f) Appeals ........................ 6-180(1) BUILDINGS Variances ....................... 6-18(f)(2) Abatement of unsafe or unsanitary build- Procedures ........................ 6-18(g) ings Quorum and voting ................ 6-18(d) Appeal .............................. 6-81 Secretary to the board............. 6-18(e) Authority to expend funds............ 6-85 Terms ............................. 6-18(c) Enforcement and right of entry ....... 6-74 Technical amendments to the Florida Hearing ............................. 6-79 Building Code, Residential....... 6-21 Implementation ...................... 6-80 Violations and penalty ............... 6-19 Inspection ........................... 6-75 Missiles, throwing ...................... 19-83 Lien, imposition of ................... 6-84 Obstructing passageway ................ 19-47 Performance of work ................. 6-82 Outdoor displays. See herein: Signs and Placard posting ...................... 6-78 Outdoor Displays Provisions supplemental .............. 6-86 Park and recreation facilities; erecting Purpose and scope ................... 6-72 buildings or structures............. 20-3 Recovery of costs ..................... 6-83 Public land, construction on prohibited .. 6-1 Service of notice of violation .......... 6-77 Signs and outdoors displays ............. 6-110 et seq. Unsafe or unsanitary buildings and See: SIGNS AND BILLBOARDS structures ...................... 6-73 Smoke, dust, odors, liquids, etc.......... 19-9 Violations ........................... 6-76 Spitting in public places prohibited...... 19-5 Supp. No. 67 2938