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Pages Replaced by Supplement #01SUPPLEMENT NO. 1 July 1991 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. 23.91, adopted June 27, 1991. See the Code Comparative Table for further information. Remove old pages Insert new pages Title page Title page x.i—X.iii xi, x11 xi—xiid xv XV Checklist of up-to-date pages (following Table of Contents) 133 133 155-160 155-162 2367, 2368 2367-2368.1 2485, 2486 2485, 2486 2507-2510 2507-2510.1 2883 2883 2941, 2942 2941-2942.1 2945-2948 2945-2948.1 Insert this instruction sheet in front of volume. File removed pages for ref- erence. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (904) 576-3171 1 -800 -262 -CODE (National) 1 -800 -342 -CODE (Florida) CODE OF ORDINANCES VILLAGE OF NORTH PALM BEACH, FLORIDA CONTAINING THE VILLAGE CHARTER AND THE GENERAL ORDINANCES OF THE VILLAGE Adopted, October 26, 1978 Effective, December 25, 1978 Republished 1991 Published by Order of the Village Council MUNICIPAL CODE CORPORATION Tallahassee, Florida 1991 i Copyright 1978 Municipal Code Corporation Tallahassee, Florida OFFICIALS OF The VILLAGE OF NORTH PALM BEACH, FLORIDA Al Moore Mayor W. H. Brown Vice Mayor Harriet Nolan President Pro Tem V. A. Marks, M.D., Councilman Tom Valente Councilman Raymond J. Howland Village Manager Dolores R. Walker, CMC Village Clerk Herbert L. Gildan Village Attorney iii TABLE OF CONTENTS Page Officials of the Village........ .................... ............ Preface.......................................................... v Adopting Ordinance ............................................... vii PART I CHARTER Charter......................................................... 1 Art. I. Corporate Name .................................... 3 Art. II. Territorial Boundaries ........................... 3 Art. III. Legislative ..................................... 6 Art. IV. Administrative....................I...I........... 11 Art. V. Qualifications and Elections ..................... 13 Art. VI. Transition Schedule ............................. 14 Charter Comparative Table ...... . 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions ................... ........... ........ 77 2. Administration .... ..... ............................... 133 Art. I. In General ..... ... .................:........... 135 Art. II. Council ......................................... 135 Div. 1. Generally .................................. 135 Div. 2. Rules of Procedure ............... ...... . 136 Art. III. Administrative Code .............................. 136 Div. 1. Generally .................................. 136 Div. 2. Department of Treasury ..................... 138 Div. 3. Department of Finance ...................... 139 Div. 4. Department of Records ...................... 140 Div. 5. Department of Public Safety ................. 141 Div. 6. Department of Public Services ............... 141 Div. 7. Department of Library ...................... 142 Div. 8. Department of Country Club ................ 142 Div. 9. Department of Recreation .... .....:.... ... 142 Art. IV. Manager ....................................... 142 Art. V. Pensions and Retirement Systems ................ 143 Div. 1. Generally .................................... 143 Div. 2. Social Security .............. ......... .. 143 Div. 3. Pension and Certain Other Benefits for General Employees ................................. 144 xi NORTH PALM BEACH CODE Chapter Page Div. 4. Pension and Certain Other Benefits for Fire and Police Employees ........................... 150 Art. VI. Code Enforcement Board ........................ 156 3. Alcoholic Beverages ......................................... 211 4. Animals and Fowl .......................................... 263 Art. I. In General ....................................... 265 Art. II. Dogs and Cats ................................... 266 Art. III. Rabies Control ................................. 268 5. Boats, Docks and Waterways ................................ 319 Art. I. In General ....................................... 321 Art. II. Boat Launching Area ............................ 323 Art. III. Construction Requirements ...................... 324 Div. 1. Generally .................................. 324 Div. 2. Canals ..................................... 324 Div. 3. Bulkheads and Seawalls ..................... 325 Div. 4. Docks and Piers ............................ 326 Div. 5. Erosion Control Structures .................. 330 Art. IV. Marine Sanctuaries ............................. 330 6. Buildings and Building Regulations .......................... 381 Art. I. In General ....................................... 383 Art. II. Minimum Construction Standards ................ 383 Art. III. Appearance Code ............................... 384 Div. 1. Generally .................................. 384 Div. 2. Reserved ................................... 385 Div. 3. Certificate of Appropriateness ................ 385 Art. IV. Reserved ....................................... 387 Art. V. Signs and Outdoor Displays ...................... 387 Art. VI. Energy Efficiency Building Code ................. 398 Art. VII. Coastal Construction Code ...................... 398 7. Bulkhead Lines ...............................:............. 453 Art. I. In General ....................................... 455 Art. II. Filling Permit ................................... 455 8. Civil Emergencies ............................................ 507 Art. I. In General ....................................... 509 Art. II. Civil Disorders and Disturbances ................. 509 9. Country Club ............................................... 559 Art. I. In General ........................................ 561 Art. II. Administrative Board ............................. 562 Art. III. Finances ....................................... 564 10. Elections ................................................... 615 Art. I. In General ....................................... 617 Art. II. Reserved ........................................ 619 Art. III. Inspectors and Clerk ............................ 619 Art. IV. Polling Place ................................... 620 xii TABLE. OF CONTENTS—Cont'd.. Chapter Page. Div. 2. Reserved ................................... 1686 Div. 3. Requirements for Certain Yard Areas, Off -Street Parking and Other Vehicular Use Areas ..... 1686 28. Use of Rights -Of -Way for Utilities ............................ 1739 Appendices A. Appearance Plan ........................................... 2043 B. Subdivisions ................................................. 2353' Art. I. In General .............................................. 2355: Art. II. Procedures for Subdivision Plat Approval ............. 2358- Art.. III. Design Standards ................................. 2365. Art. IV:. Req � �ed' Improvements ........... ..._ ................ 2368: Art-.- V: Enforcement. Provisions .............., ................... 23.72'; Art. VI. Amendin. ents ..............., ............................... 2:78' Art. VII. Legat Status ............................. 2-3179 C. Zoning................ ........................................... 2479 Art. I. In General ........................................ 2481 Art. II. Generally ....................................... 2484 Art. III. District Regulations ............................. 2486 Arts. IV, V. Reserved .................................... 2515 Art, VI. Amendments—Fees; Waiting Periods ............. 2515 Art. VII. Nonconforming Uses of Land and Structures ..... 2516 D. Franchises ................................................. 2619 Statutory Reference Table ........................................ 2819 Code Comparative Table -1970 Code .............................. 2869 Code Comparative Table—Laws of Florida ......................... 2873 Code Comparative Table—Ordinances ............................. 2875 Charter Index .................................................... 2933 CodeIndex ...................................................... 2935 xv Chapter 2 ADMINISTRATION* Art. I. In General, §§ 2-1-2-15 Art. II. Council, §§ 2-16-2.38 Div. 1. Generally, §§ 2-16-2-25 Div. 2. Rules of Procedure, §§ 2-26-2-38 Art. III. Administrative Code, §§ 2-39-2-114 Div. 1.. Generally, §§ 2-39-2-50 Div. 2. Department of Treasury, §§ 2-51-2-58 Div... 3. Department of Finance, §§ 2-59-2-66 Div:, 4. Department of Records, §§ 2-67-2-74 Div.. 5. Department; of Public Safety,, §:§. 2-75-2-83 Div: 6. Department of Public. Services; §§ 2'-84-2-92 Div:. 7:. Department of Library, §§ 2-93-2-101 Div. 8. Department of Country Club, §§ 2-102-2-109 Div. 9. Department of Recreation, §§ 2-110-2-114 Art. IV. Manager, §§ 2-115-2-128 Art. V. Pensions and Retirement Systems, §§ 2-129-2-170 Div. 1. Generally, §§ 2-129-2-135 Div. 2. Social Security, §§ 2-136-2-145 Div. 3. Pension and Certain Other Benefits for General Employees, §§ 2-146-2-158 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees, §§ 2-159-2-170 Art. VI. Code Enforcement Board, H 2-171-2-180 *Charter reference—Administrative provisions generally, Art. N. Cross references—Rabies control, § 4-42 et seq.; elections, Ch. 10; fire division, § 12-29 et seq.; library board, § 16-16 et seq.; impersonation of village officers, § 19-14; enforcement procedures for noise regulations, § 19-117; local planning agency designated, § 21-12; taxation, Ch. 26; appearance plan, App. A; subdivision regulations, App. B; zoning regulations, App. C. 133 ADMINISTRATION § 2-168 and police retirement fund. All funds of the fire and police retirement fund shall be deposited with the village treasurer, who shall keep them in a separate fund and shall be liable for the safe- keeping of the same under the bond given to the village, and shall be liable in the same manner and to the same extent as it is liable for the safe- keeping of the funds of the village as provided for by the law. All funds now held by the village for this retirement system are hereby transferred to the fund established by this division. (Ord. No. 9-82, § 8, 6-10-82; Ord. No. 12-85, §§ 1, 2,7-11-85) Sec. 2.167. Oaths of office, meetings, quorum of board. Before entering upon their duties as members of the board, each member shall take and sub- scribe to the oath of office required by the village Charter, which oath shall be filed with the village clerk. The board shall meet as often as is deemed necessary or upon the call of the chairman or any member thereof or upon request of the village clerk. A majority of the board shall constitute a quorum for the transaction of any business. No- tice of the meetings shall be given to council and the public at least seven (7) days in advance. (Ord. No. 9-82, § 9, 6-10-82) Sec. 2.168. Repeal or termination of system. (a) This division establishing the system and fund, and subsequent ordinances pertaining to the system and fund, may be modified, terminated, or amended, in whole or in part; provided that if this division or any subsequent ordinance shall be amended or repealed in its application to any person benefiting hereunder, the amount of ben- efits which, at the time of any such alteration, amendment, or repeal, shall have accrued to the member or beneficiary shall not be affected thereby, except to the extent that the assets of the fund may be determined to be inadequate. (b) If this division shall be repealed, or if con- tributions to the system are discontinued, the board shall continue to administer the system in accordance with the provisions of this division, for the sole benefit of the then members, any benefi- ciaries then receiving retirement allowances and 155 any future persons entitled to receive benefits under one (1) of the options provided for in this division who are designated by any of the mem- bers. In the event of repeal, or if contributions to the system are discontinued, there shall be full vesting (one hundred (100) percent) of benefits ac- crued to date of repeal and the assets of the system shall be allocated in an equitable manner to pro- vide benefits on a proportionate basis to the person so entitled to benefits in accordance with the pro- visions thereof. (c) The following shall be the order of priority for purposes of allocating the assets of the system as of the date of repeal of this division, or if con- tributions to the system are discontinued with the date of such discontinuance being determined by the board: (1) Apportionment shall first be made in re- spect of each retired member receiving a retirement or disability benefit hereunder on such date, each person receiving a ben- efit on such date on account of a retired (but since deceased) member, and each member who has, by such date, become el- igible for normal retirement but has not yet retired, an amount which is the actu- arial equivalent of such benefit, based upon the actuarial assumptions in use for pur- poses of the most recent actuarial valua- tion, provided that, if such asset value be less than the aggregate of such amounts, such amounts shall be proportionately re- duced so that the aggregate of such reduced amounts will be equal to such asset value. (2) If there be any asset value remaining after the apportionment under subparagraph (1), apportionment shall next be made in re- spect of each member in the service of the village on such date who has completed at least ten (10) years of credited service and who is not entitled to an apportionment under subparagraph (1), in the amount re- quired to provide the actuarial equivalent, as described in. (1) above, of the accrued normal retirement benefit, based on the credited service and average monthly earn- ings as of such date, and each vested former member then entitled to a deferred benefit § 2-168 NORTH PALM BEACH CODE who has not, by such date, begun receiving benefit payments, in the amount required to provide said actuarial equivalent of the accrued normal retirement benefit, provided that, if such remaining asset value be less than the aggregate of the amounts appor- tioned hereunder, such latter amounts shall be proportionately reduced so that the ag- gregate of such amounts will be equal to such remaining asset value. (3) If there be any asset value after the appor- tionments under subparagraphs (1) and (2), apportionment shall be made in respect of each member in the service of the village on such date who is not entitled to an ap- portionment under subparagraphs (1) and (2) in the amount equal to his accumulated benefits, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts -shall be proportionately re- duced so that the aggregate of such reduced amounts will be equal to such remaining asset value. (4) If there be any asset value remaining after the apportionments under subparagraphs (1), (2) and (3), apportionments shall lastly be made in respect of each member included in subparagraph (3) above to the extent of the actuarial equivalent, as described in (1) above, of the accrued normal retirement benefit, less the amount apportioned in sub- paragraph (3), based on the credited service and average monthly earnings as of such date, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such amount shall be reduced so that the aggre- gate of such reduced amounts will be equal to such remaining asset value. (d) After all the vested and accrued benefits pro- vided hereunder have been paid and after all other liabilities have been satisfied, then and only then shall any remaining funds revert to the general fund of the village, less return of state's contribu- tions to the state, provided that, if the excess is less than the total contributions made by the vil- lage and the state to date of termination of the 156 plan such excess shall be divided proportionately to the total contributions made by the village and the state. (Ord. No. 9-82, § 10, 6-10-82; Ord. No. 20-82, § 2, 11-18-82) Sec. 2-169. Miscellaneous. (a) Discharged members. Members entitled to a pension as approved by the pension board shall not forfeit the same upon dismissal from the de- partment, but shall be retired as herein described. (b) Nonassignability. No benefit provided for herein shall be assignable or subject to garnish- ment for debt or for other legal process. (c) Pension validity. The board of retirement shall have the power to examine the facts upon which any pension shall heretofore have been granted or obtained erroneously, fraudulently,, or illegally for any reason. The board is empowered to purge the pension rolls of any person heretofore granted a pension under prior or existing law or heretofore granted under this division if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any pensioner who has heretofore under any prior or existing law or who shall hereafter under this division be errone- ously, improperly, or illegally classified. (d) Incompetents. If any member or beneficiary is a minor or is, in the judgment of the board, otherwise incapable of personally receiving and giving a valid receipt for any payment due him under the system, the board may, unless and until claims shall have been made by a duly appointed guardian or committee of such person, make such payment or any part to such person's spouse, chil- dren or other person deemed by the board in its sole discretion to have incurred expenses or as- sumed responsibility for the expenses of such person. Any payment so made shall be a complete discharge of any liability under the system for such payment. (Ord. No. 9-82, § 11, 6-10-82) Sec. 2.170. Reserved. ARTICLE VI. CODE ENFORCEMENT BOARD Sec. 2.171. Declaration of legislative intent. It is the intent of this article to promote, protect and improve the health, safety and welfare of the ADMINISTRATION § 2-174 citizens of the village and to provide an equitable, expeditious, effective and inexpensive method of enforcing the hereinafter described codes and or- dinances of the village where a pending or re- peated violation continues to exist. (Ord. No. 19-79, § 1, 9-17-79; Ord. No. 9-80, § 2, 4-24-80; Ord. No. 16-82, Art. 1, 9-9-82; Ord. No. 2-86, § 1, 3-27-86) Sec. 2.172. Definitions. The following words, terms and phrases, when used in this article,. shall have! the meanings: as- cribed, to them in this section', except where the context. clearly, indicates, a different meaning: Attorney. Attorney for the village who will ad- vise the code enforcement board of legal rules or give other legal assistance as required. Code inspector. Those authorized agents or em- ployees of the village whose duty it is to insure code compliance with the codes referred to above, including, but not limited to, the village man- ager, building official, director of public safety, and finance director. Enforcement board. The Village of North Palm Beach Code Enforcement Board. Repeat violation. A violation of a provision of a code or ordinance by a person whom the code en- forcement board has previously found to have vi- olated the same provision within five (5) years prior to the violation. (Ord. No. 19-79, § 3, 9-27-79; Ord. No. 9-80, § 4, 4-24-80; Ord. No. 16-82, Art. II, 9-9-82; Ord. No. 8-90, § 1, 4-12-90) Sec. 2.173. Applicability. The code enforcement board shall enforce and have jurisdiction of the following codes: Chapter 4, Village of North Palm Beach Code, containing the animals and fowl code. Chapter 5, Village of North Palm Beach Code, containing the docks and waterways code. Chapter 6, Village of North Palm Beach Code, including the building code, the gas code, the mechanical code, the plumbing code, the appear- 1.57 ance code and Appendix A, appearance plan, and the sign code. Chapter 7, Village of North Palm Beach Code, containing the bulkhead lines code. Chapter 11, Village of North Palm Beach Code, containing the electrical code. Chapter 12, Village of North Palm Beach Code, including the fire prevention: code. Chapter 14, Village of North Palm Beach Code,; containing the health and. sanitation code. Chapter 15,, Village, of North, Palm Beach Code,.. containing the housing code. Chapter 17, Village of North Palm Beach Code, containing the occupational license code. Chapter 19, Village of North Palm Beach Code, containing the noise control code. Chapter 24, Village of North Palm Beach Code, containing the streets, sidewalks and driveways code. Chapter 25, Village of North Palm Beach Code, containing the swimming pool code. Chapter 27, Village of North Palm Beach Code, containing the trees and shrubbery code, including landscaping of yards and parking lots. Chapter 28, Village of North Palm Beach Code, containing the franchise ordinance for the use of the Village rights-of-way for ' utilities. Chapter 36, Village of North Palm Beach Code, containing the subdivision code. Chapter, 45, Village of North Palm Beach Code, containing the zoning code. (Ord. No. 19-79, § 2, 9-27-79; Ord. No. 25-79, § 1, 12-13-79; Ord., No. 9-80, § 3, 4-24-80; Ord. No. 15-86, § 2) 10-9-86) Sec. 2.174. Organization of board. (a) Qualifications and terms. The village council shall appoint a seven -member code enforcement board and legal counsel for the board. The mem- § 2-174 NORTH PALM BEACH CODE hers shall have the following qualifications and terms of office: (1) Members of the enforcement board shall be residents of the village. Appointments shall be made by the village council on the basis of experience of interest in the fields of zoning and building control. The member- ship of the enforcement board shall, when- ever possible, include: a. An architect; b. A businessman; c. An engineer; d. A general contractor; e. A subcontractor; f. A realtor; g. No particular profession. (2) In order that the terms of office of all mem- bers will not expire at the same time, the initial appointments to the enforcement board shall be as follows: a. Two .(2) members shall be appointed for a term of one (1) year; b. Three (3) members shall be appointed for a term of two (2) years; c. Two (2) members shall be appointed for a term of three (3) years. Thereafter, all appointments shall be made for a term of three (3) years. A member may be reap- pointed for one (1) successive term upon approval of the village council. Appointments to fill any vacancy on the enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two (2) of three (3) succes- sive meetings without cause and without prior approval of the chairman, the board shall declare the member's office vacant and the village council shall promptly fill such vacancy. The members shall serve at the pleasure of the village council. (b) Officers; quorum; compensation. The mem- bers of the enforcement board shall elect a chairman from among its members who shall be a voting member. The presence of four (4) or more members, shall constitute a quorum of the enforce- ment board. Members shall serve without com- pensation, but may be reimbursed for such travel expenses, mileage expenses, and per diem ex- penses as may be authorized by the village council. 158 (c) Attorney. The village attorney shall be counsel to the code enforcement board. (Ord. No. 19-79, § 4, 9-27-79; Ord. No. 9-80, § 5, 4-24-80; Ord. No. 16-82, Art. III, 9-9-82; Ord. No. 8-90, § 3, 4-12-90) Sec. 2-175. Enforcement procedure. (a) It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes. (b) If a violation of the codes is found, the code inspector shall notify the violator, unless para- graph (c) of this section applies, and give the vio- lator a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify the enforcement board and request a hearing pursuant to the procedure in section 2-176. Written notice shall be mailed to the violator as provided herein. (c) If the code inspector has reason to believe a violation presents a serious threat to the public health, safety and welfare, the code inspector may proceed directly to the procedure in section 2-176 without notifying the violator. (d) If a repeat violation is found, the code in- spector shall notify the violator, but is not re- quired to give the violator a reasonable time to correct the violation. The code inspector, upon no- tifying the violator of a repeat violation, shall no- tify the code enforcement board and request a hearing pursuant to the procedure in section 2-176. The case may be presented to the code enforce- ment board even if the repeat violation has been corrected prior to the board hearing, and the no- tice shall so state. Written notice, with a sched- uled hearing, shall be provided pursuant to sec- tion 2-180. (Ord. No. 19-79, § 5, 9-27-79; Ord. No. 9-80, § 6, 4-24-80; Ord. No. 8-90, § 4, 4-12-90) Sec. 2.176. Conduct of hearing. (a) The chairman of the enforcement board may call hearings of the enforcement board and hear- ings may also be called by written notice signed by at least three (3) members of the enforcement board. The enforcement board, at any hearing, ADMINISTRATION § 2-177 may set a future hearing date. The enforcement board shall attempt to convene no less frequently than once every two (2) months, but yet meet more or less often as the demand necessitates. Minutes shall be kept of all hearings by the enforcement board and all hearings and proceedings shall be open to the public. The village clerk shall provide clerical and administrative personnel as may be reasonably required by the enforcement board for the proper performance of its duties. (b) Each case before the enforcement board shall be presented by the village's administrative staff. (c) The enforcement board shall proceed to hear the cases on the agenda for that day. All testi- mony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator and from any witness called on behalf of either the village or the alleged violator. Formal rules of evidence shall not apply; however, fundamental due pro- cess shall be observed and govern said proceed- ings. Both the village and the alleged violator shall have the right to subpoena witness to testify at the hearing. (d) At the conclusion of the hearing, the enforce- ment board shall issue findings of fact and con- clusions of law and shall issue an order affording the proper relief consistent with powers granted herein. The findings shall be by motion approved by a majority of those present and voting, except that at least four (4) members of the enforcement board must vote in order for the action to be offi- cial. (Ord. No. 19-79, § 6, 9-27-79; Ord. No. 9-80, § 7, 4-24-80; Ord. No. 16-82, Art. IV, 9-9-82; Ord. -,No. 19-85, § 1, 10-24-85) Sec. 2.177. Powers of the enforcement board. The enforcement board shall have the power to: (1) Adopt rules for the conduct of its hearings. The chairman of the enforcement board hearing shall t advise the alleged violator of the Code section of which he is accused, and shall first seek to determine if the al- leged violator pleads guilty or innocent to such charge. If the alleged violator admits guilt, then the board shall hear such testi- 159 mony and evidence as it deems necessary to remedy the violation or punish the of- fender. If the alleged violator states he is not guilty of violating the village Code [sec- tion] in question, then the board shall hear first from the village, village witnesses and evidence, and the alleged violator shall have the right to cross examine village witnesses. At the close of the presentation of the vil- lage's case against the alleged violator, the alleged violator shall be permitted to present his evidence, testimony of the other witnesses and his own testimony in defense. The village shall have the right to cross examine the alleged violator and his wit- nesses. The burden of proving the alleged violation of the village Code as described above shall be on the village to prove be- yond a reasonable doubt that the alleged violator is guilty of violating the code sec- tion of which he is accused. (2) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the village's police department. (3) Subpoena records, surveys, plats and other material. (4) Take testimony under oath. (5) Issue orders having the force of law com- manding whatever steps are necessary to bring a violation into compliance. A certi- fied copy of such order may be recorded in the public records of the county, and shall constitute notice to any subsequent pur- chasers, successors in interest or assigns, if the violation concerns real property, and the findings therein shall be binding upon the violator, and, if the violation concerns real property, any subsequent purchasers, successors in interest or assigns. If the order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the enforcement board shall issue an order ac- knowledging compliance that shall be re- corded in the public records. A hearing is not required to issue such an order acknowl- edging compliance. (Ord. No. 19-79, § 7, 9-27-79; Ord. No. 9-80, § 8, 4-24-80; Ord. No. 8-90, § 5, 4-12-90) § 2-178 NORTH PALM BEACH CODE Sec. 2.178. Fines; liens. (a) Generally. The enforcement board, upon no- tification by the code inspector that a previous order of the enforcement board has not been com- plied with by the set time or, upon finding that the same violation has been repeated by the same violator, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set for compli- ance, or, in the case of a repeat violation, for each day the repeat violation continues past the date of notice to the violator of the repeat violation. If a finding of a violation or a repeat violation has been made as provided in this article, a hearing shall not be necessary for .issuance of the order imposing the fine. A fine imposed pursuant to this section shall not exceed two hundred fifty dollars ($250.00) per day for a first violation and shall not exceed five hundred dollars ($500.00) per day for a repeat violation. (b) Determination of amount of fine. In deter- mining the amount of the fine, if any, the enforce- ment board shall consider the following factors: (1) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; and (3) Any previous violations committed by the violator. (c) Reduction of fine. The code enforcement board may reduce a fine imposed pursuant to this section. A fine imposed pursuant to this article shall continue to accrue until the violator comes into compliance. or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. (d) Copies o f orders imposing fines. A certified copy of an order imposing a fine may recorded in the public records and thereafter shall consti- tute a lien against the land on which the violation exists or, 'if the violator does not ownthe land, upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in' the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judg- ment except for enforcement purposes. After three (3) months from the filing of any such lien which remains unpaid, the enforcement board may au- thorize the local governing body attorney to fore- close on the lien. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee. No lien created pursuant to the provisions of this sec- tion may be foreclosed on real property which is a homestead under article X, section 4 of the state Constitution. (Ord. No. 19-79,. § 8, 9-27-79; Ord., No. 9-80, § 9, 4-24-80; Ord. No. 16-82, Art. V, 9-9-82; Ord. No. 2-86, § 2, 3-27-86; Ord. No. 8-90, § 6, 4-12-90) Sec. 2.179. Appeal. An aggrieved party, including the village council,. may appeal a final administrative order of the enforcement board to the circuit court of the county. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the enforcement .board. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. (Ord. No. 19-79, § 9, 9-27-79; Ord. No. 9-80, § 10, 4-24=80; Ord. No. 16-82, Art. VI, 9-9-82; Ord. No. 2-86, § 3, 3-27-86) Sec, -:2,180. Notices. All notices required by this article shall be pro- vided to the alleged violator by certified mail, re- turn receipt requested; by hand delivery by public safety officer, code inspector or other person des- ignated by the village council; or by leaving the notice at the violator's usual place of residence with any person residing therein .who is above fifteen (15) years of age and informing such person of the contents of the notice. In addition to pro- viding notice set forth above, the code enforce- ment board may implement the notice provisions of'F.S. section 162.12(2), as amended, for a sup- plemental means of providing notice. (Ord. No. 19-79, § 10, 9-27-79; Ord. No. 9-80, § 10, 4-24-80; Ord. No. 8-90, § 7, 4-12-90) [The next page is 2111 160 APPENDIX B—SUBDIVISIONS § 36-22 able intersection separation of one hundred fifty (150) feet. (5) Minimum street design specifications. All streets to be established in a subdivision shall be designed in accordance with the following minimum specifications: Collector Local Marginal Street Street Access Minimum right- 80 ft. 60 ft. 40 ft. of -way Percent grade of roadway center line: Minimum 0.30% 0.30% 0.30% Geometric design shall comply with the latest AASHTO requirements. (6) Culs-de-sac. (a) Culs-de-sac shall be provided with a turnaround having an outside roadway diameter of at least eighty (80) feet, and a street property line diameter of at least one hundred (100) feet. Culs-de-sac shall have a minimum length of two hundred (200) feet including the turn- around. (b) Dead-end roads and streets may be as long as necessary to properly serve narrow island or narrow peninsulas bounded by watercourses, canals or other bodies of water the crossing of which would require a bridge; and dead-end roads and streets may be as long as necessary to , serve properly other narrow land areas formed by such water or waterways in combination with permanent obstructions such as railroads, sewage treatment plants, limited access highways and the like. (7) Street access to adjoining property. Street stubs to adjoining unplatted areas shall be provided at intervals of not over one-quarter mile when required to give access to such areas or to provide for proper traffic circu- lation. Street stubs in excess of two hun- dred fifty (250) feet shall be provided with a temporary cul-de-sac turnaround. The de- 2367 veloper of the adjoining area shall pay the cost of restoring the street to its original design cross-section and extending the street. (8) Half streets. Half streets shall be prohib- ited, except that where a previously platted half street, improved or unimproved, abuts a tract to be subdivided, the second half of the street shall be platted within the tract being subdivided and the entire street shall be improved when and as required in Ar- ticle IV of these regulations. (9) Street names. Street names shall not be used which will duplicate or be confused with the names of existing streets, except that new streets which are an extension of or in alignment with existing streets shall bear the same name as that borne by such ex- isting streets. The names of all courts and circles shall not duplicate those of streets. Sec. 36.20. Alleys. In single-family residential districts, alleys shall be discouraged. When provided in any district, alleys shall have a minimum right-of-way width of twenty (20) feet. Sec. 36.21. Sidewalks. Where provided, sidewalks shall be designed as an integral part of the total circulation system and shall be located within the street right-of-way or common open areas. Sec. 36.22. Easements and rights-of-way. Easements for utilities including water, sewer, electric, CATV, telephone and gas, and drainage easements, shall be provided as follows: (a) Utilities. Utility easements centered on side or rear lot lines shall be provided where deemed necessary, and shall be at least fif- teen (15) feet in width. Additional width may be required for sewer or drainage ease- ments. Side lot line easements may be de- creased to ten (10) feet in width when serving a single electric or telephone utility. § 36-22 NORTH PALM BEACH CODE (b) Drainage. Where a proposed subdivision is traversed by or abuts a watercourse, drainage way or stream, there shall be pro- vided a stormwater or drainage right-of-way which shall conform substantially with the limits of such watercourse, drainage way, canal or stream, and such further width or construction, or both,' as will be adequate for the purpose. Where a drainage way or canal is required to be constructed, right- of-'way ight- ofway approved as adequate by the village engineer shall be provided for maintenance purposes. Parallel streets or parkways may be required in connection therewith. No - open drainage ditches shall be permitted within any subdivision boundaries. Storm sewers shall be covered and open ditches may be permitted across undeveloped land only as an outlet into an established water- course, if a right-of-way is provided. See sec- tion 36-31(e). (c) Access waterways. Waterways which are constructed or improved for the purpose of providing access by water to lots within a subdivision shall have a minimum right - of way width of eighty (80) feet. (See section 36-31(e). Sec. 36.23. Public sites and open spaces. Where a proposed school site, park, playground or other public area shown on the adopted village plan is located in whole or part within the pro- posed subdivision, such sites shall be indicated on the preliminary plat. As a condition for the ap- proval of the preliminary plat, the governing body shall require the dedication to the public of such reasonable portions of such public sites as are at- tributable by the village to the demand created by the subdivision. In any event, a minimum of five (5) percent of the gross land area of the subdivi- sion shall be dedicated to public use. At the dis- cretion of the village council, the developer may be required to pay in cash an amount equal to the fair market value of the required land, said fair market value to be appraised on the basis of the value of platted land without improvements. Sec. 36.24. Access to water bodies. (a) Whenever a subdivision is situated with a property frontage of one thousand (1,000) feet or more abutting the shoreline of an ocean, gulf, lake 2368 or navigable waterway, the subdivider shall pro- vide adequate public access to the shoreline at intervals that average not. more than one thou- sand (1,000) feet by designation of public access easements having widths not less than twenty- five (25) feet. These easements are to be improved by the subdivider as approved by the planning commission. (b) The village council may require that the sub- divider shall perpetually maintain said public ac- cess easements by the creation of a trust fund to bear cost of same or some other such provision assuming perpetual care. The village council may impose any condition or restriction it deems in the public interest upon any public access ease- ment it may require under this ordinance in- cluding restrictions of improvements placed thereon. Sec. 36.25. Subdivision entrances. Areas for subdivision entrances may be per- mitted in all subdivisions whether residential, commercial or industrial. In the event such en- trance areas are authorized, the village council may require that the subdivider shall perpetually maintain said entrance areas by the creation of a trust fund to bear cost of same or some other such provision assuming perpetual care. The village council may impose any condition or restriction it deems in the public interest upon any entrance area it may authorize under this ordinance, in- cluding restrictions of improvements placed thereon. ARTICLE IV. REQUIRED IMPROVEMENTS Sec. 36.26. General [requirements.] A Florida registered professional engineer shall be employed to design and inspect the installation of all required improvements such as street, drainage structures, bridges, bulkheads, and water and sewer facilities. All plans for improvements shall be prepared by such engineer and approved by the village engineer prior to construction. The .designated inspector of the village shall re- ceive notice in adequate time to arrange for in - r ----, APPENDIX C -ZONING § 45-20 (4) Location; final authority. Regardless of the existence of purported copies of the official zoning map which may, from time to time, be made or published, the official zoning map which shall be located in the office of the village clerk shall be the final authority as to the current zoning status of land and water areas, buildings, and other struc- tures in the village. (5) Damaged; destroyed, etc. In the event that the official zoning map becomes damaged, de- stroyed, lost or difficult to interpret because of the nature or number of changes and additions, the village council may, by resolution, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such cor- rections shall have the effect of amending the orig- inal official zoning map or any subsequent amend- ment thereto. The new official zoning map shall be identified by the signature of the mayor at- tested by the village clerk and bearing the seal of the village under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted (date of adoption of map being replaced) as part of Or- dinance No. 20 of the Village of North Palm Beach, Florida." Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment. Each replacement official zoning map shall be num- bered in consecutive order as adopted. (Ord. No. 208-70, 3-12-70) Sec. 45.18. Boundary conflict interpreta- tions. Where uncertainty exists as to the boundaries of any district shown upon the zoning map, the following rules shall apply: (1) Where district boundaries are indicated as following street, alley or lot lines, said lines shall be construed to be such boundaries. l (2) Where any public street or alley is here- after officially vacated or abandoned, the regulations applicable to each parcel of abutting land shall apply to the portion of such street or alley added thereto by virtue of said vacation or abandonment. (3) In case any further uncertainty exists, the village council shall interpret the intent of the map as to the location of such bound- aries. Sec. 45.19. Buildings and uses to conform to district regulations. 2485 Except as hereinafter provided: A. No building shall be erected, reconstructed or structurally altered, nor shall any building or land be used which does not comply with the regulations for the district in which such building or land is located. B. No building shall be erected, reconstructed or structurally altered to exceed the height or bulk limits herein established for the dis- trict in which such building is located. C. The minimum open spaces around a main building as provided for in this ordinance shall not be encroached upon or be consid- ered as open spaces for any other building. D. There shall not be more than one (1) main building and its customary accessory building on a lot as defined by this ordi- nance. E. The types, location and uses of buildings and land publicly owned and used in the performance of a public function may be permitted in any district, provided such type, location and use is approved by the village council. The village council may limit the length of time of such type, loca- tion and use. (Ord. No. 2-82, § 1, 1-28-82) Sec. 45.20. Annexed land in R-1 district. Any land hereafter annexed to the Village of North Palm Beach, Florida, by ordinance or by legislative definition of the municipal boundaries, shall be designated as part of the R-1 single-family dwelling district until rezoned by ordinance after § 45-20 NORTH PALM BEACH CODE public hearing with published notice as prescribed by law. Sec. 45.21. Reserved. Editor's note—Section 45-21, relative to oceanfront land in the R-1 district, has been repealed by Ord. No. 4.82, § 1, en- acted Jan. 28, 1982. The former section did not bear a history note. Sec. 45.22. Oceanfront land—Ocean setback. There shall be a building setback line of not less than fifty T50) feet from the dune line, or one hundred .,(.100) feet from the highwater line, which- ever distance is greater, for all property bordering on. the Atlantic Ocean. The measurement of the setback from the dune line and the highwater line shall be to the closest edge of any building to be constructed on the Atlantic oceanfront. (Ord. No. 23-72, § 1) Secs. 45.23-45.26. Reserved. ARTICLE III. DISTRICT REGULATIONS Sec. 45.27. R-1 single-family dwelling district. A. Uses permitted. Within any R-1 single-family dwelling district no building, structure, land or water shall be used except for one (1) or more of the following uses: 1. Single-family dwellings with accessory buildings customarily incident thereto. 2. Public schools. 3. Parks and recreation facilities owned or leased by or operated under the supervi- sion of the Village of North Palm Beach. 4. Detached fence storage areas. 5. Satellite dish antenna. 6. Community residential homes. Community residential homes of six (6) or fewer resi- dents which otherwise meet the definition of a community residential home, provided that such homes shall not be located within a radius of one thousand (1,000) feet of an- other existing such home with six (6) or fewer residents. 7. Family day care home. B. Building height regulations. No main building shall exceed two (2) stories in height and no accessory building more than one (1) story. C. Building site area regulations. The minimum lot or building site area for each single-family dwelling shall be seven thousand five hundred (7,500) square feet and have a width of not less than seventy-five (75) feet, measured at the building line. D. Yard space regulations. 1. Front yard. There shall be a front yard of not less than twenty-five (25) feet measured from the street line to the front building line. 2. Rear yard. There shall be a rear yard of not less than twenty (20) feet measured from the rear building line to the rear lot line. 3. Side yards. There shall be a side yard on each side of the side building line of not less than ten (10) feet. In the case of corner lots, no building and no addition to any building shall be erected or placed nearer than twenty (20) feet to the side street line of any such lot. (a) For a distance of one block on streets intersecting U.S. #1, measured from the right-of-way line of said U.S. #1, side yards of at least twenty-five (25) feet in depth shall be provided. E. Off-street parking regulations. At least one parking space of at least two hundred (200) square feet shall be provided, consisting of a durable sur- faced area, enclosed in the dwelling, in an acces- sory building or in an unenclosed area, exclusive of the driveway connecting the parking space with the street. (Ord. No. 17-71; Ord. No. 9-85, § 2, 6-27-85; Ord. No. 17-90, § 21 6-28-90) Sec. 45.28. R-2 multiple -family dwelling dis- trict. A. Uses permitted. Within any R-2 multiple - family dwelling district, no building structure, land or water shall be used, except for one (1) or more of the following uses: 2486 1. Any use permitted in the. R-1 single-family dwelling district. APPENDIX C -ZONING § 45-36 2507 (b) No swimming pool shall be located in power and having minimum cab dimen- the area lying between the front prop- sions which will permit the use of the ele- erty line and the front building line in vator cab by normal size emergency ambu- the R-1 and R-2 zoning districts. lance stretchers, and in all commercial buildings two (2) stories to four (4) stories C. Detached garages not more than one (1) in height are not equipped with ele- story in height may be .erected and main- .which vators having minimum cab dimensions tained within seven and one-half (71/2) feet which will permit the use of the elevator D. of the rear line of any such lot. Walls and fences built within the area be- cab by normal size emergency stretchers, there shall be a minimum of one (1) access tween the property line and the building stairway serving every story. Such stairway setback line shall not exceed six (6) feet in shall have the following minimum dimen- height; provided, however, that no walls or sions: fences may be erected between the front (1) Minimum width of stairway to be five yard setback and the street line, nor may (5) feet. walls or fences exceed four (4) feet in height (2) Minimum dimensions of all landings for a distance of forty (40) feet from any to be ten (10) feet by six (6) feet, six (6) body of water located within the village. inches. On corner lots, walls or fences shall not ex- H. Patios connected to the rear of a dwelling ceed four (4) feet in height within the area unit may be enclosed by screening provided between the side line of the lot which fronts there shall be a rear yard of not less than on a street, and the front building setback � fifteen (15) feet measured from the rear of line extended of the adjacent side street lot. the screened enclosure to the rear lot line. On all building permits for walls or fences greater than four (4) feet in height that are I. There shall be a front yard of not less than to be located outside building setback lines, forty (40) feet measured from the street line there shall be a prominent notice that a to the front building line in the case of Lots village building permit in no way offsets 11 to 35 inclusive, Block 3, as shown on the the deed covenants, and that the applicant plat of Village of North Palm Beach, Plat 1, should also check the deed covenants to pro- recorded in plat book 24, page 205, Public tect himself. Records of Palm Beach County, Florida. E. In the event one (1) lot, . or portion thereof, J. Whenever, by this ordinance, off-street and the whole or a portion of a contiguous parking is required in any commercial dis- lot, all in one (1) ownership, shall be used trict or in any R-3 apartment dwelling dis- as one (1) building site for one (1) residence trict, no such parking facilities shall be building, and its appurtenant outbuildings hereafter constructed until a permit permitted by this ordinance, then while so therefor shall have been issued by the owned and used the side lines and rear line building inspector, and until the plans and of such site shall be deemed to be the side specifications therefor are such that: F. and rear lot lines of such sites. No business, professional or otherwise, and a. Such off-street parking area is designed with appropriate means of vehicular ac - no home occupations shall be carried on in cess to a public street or alley. any dwelling structure. b. Such off-street parking area is designed with appropriate vehicular maneu- G. In all multifamily residential buildings two vering areas. (2) stories or greater in height, and in all c. Such off-street parking area is paved commercial buildings over four (4) stories with an asphaltic or concrete surfacing, in height, which are not equipped with el- or other material designed to prevent evators provided with standby emergency dust. 2507 § 45-36 NORTH PALM BEACH CODE d. Such off-street parking area is so con- location in said village of another gasoline structed, graded and surfaced as to pre- or oil filling station or service station. vent surface water from draining onto public right-of-way, or on adjoining The method of measurement that shall properties, the outlets for such surface apply in such cases shall be by measure - waters to be connected directly or indi- ment of the airline distance made or taken rectly to storm sewer conduits termi- from the nearest boundary of the lot or pre- nating in existing publicly controlled mises where such proposed station would waterways or in other seepage areas be located to such building or structure used approved by the building department. as a church, hospital, school or other Sim- e. Such off-street parking areas shall be ilar institution to the boundary of the lot or used for vehicular traffic only, with no premises where the existing station is sales, dead storage, repair work, dis- erected. Nothing in this section shall pro - mantling or servicing of any kind un- hibit, however: less expressly permitted by the zoning a. The operation of existing gasoline or of the district in question. oil filling stations or service stations. f. If lighting of such areas is to be pro- b. The improvement, alteration or recon- vided, the plans therefor shall be such struction of any presently existing gas - that such lighting shall reflect away oline or oil filling station or service sta- from any public street and at such an tion. angle as to prevent glare or undue il- c. The construction of gasoline or oil lumination of residential properties in filling stations or service stations for the neighborhood. which permits have been issued prior K. No carnival, fair, amusement park or circus to the date of this ordinance, but which are not presently under construction. shall be carried on in any residential or commercial zoning district in the Village of M. Building height regulations. North Palm Beach, including zoning dis- (1). Within the area of the Village of North tricts R-1, R -2A, R-3, GA, C-lA, C-1 and Palm Beach which lies north of the In - C -2; provided, however, that a carnival, fair tracoastal Waterway and west of U.S. or circus may be carried by a nonprofit or- Highway No. 1, no building or struc- ganization to collect funds to further the ture shall exceed sixteen (16) stories or purposes of such organization at the pre- one hundred sixty (160) feet. Elevator mises where the organization is located towers and mechanical apparatus are within the Village of North Palm Beach. not restricted to the one -hundred -sixty - No such carnival, fair or circus shall ex- foot limit. tend for more than three (3) consecutive 'such (2) Within the area of the Village of North days, and no carnival, fair or circus Palm Beach which lies north of the In - may be open to the public between the hours tracoastal Waterway and east of U.S. of 10:00 p.m. and 10:00 a.m, during any Highway No. 1, no building or struc- day. A permit for such permitted carnival, ture shall exceed twenty-two (22) sto- fair or circus must be obtained from the ries or two hundred twenty (220) feet. office of the village manager. There will be Elevator towers and mechanical appa- no charge or fee for such permit. ratus are not restricted to the two - L. No gasoline or oil filling stations and no hundred -twenty -foot limit. service station shall be erected within five (3) Within the area of the Village of North hundred (500) feet of any church, hospital, Palm Beach which lies south of the In - school or other similar institution where tracoastal Waterway and east of U.S. large numbers of pedestrians congregate, Highway No. 1, no building or struc- nor within one thousand (1,000) feet of the ture shall exceed four (4) stories or forty 2508 APPENDIX C—ZONING i (40) feet. Elevator towers and mechan- ical apparatus are not restricted to the forty -foot limit. (4) Within the area of the Village of North Palm Beach which lies south and west of the Intracoastal Waterway and west of U.S. Highway No. 1, no building or structure shall exceed four (4) stories or forty (40) feet. Elevator towers and mechanical apparatus are not re- stricted to the forty -foot limit. N. [Location of business for retail sales of alco- holic beverages.] (1) No licensed retail sales of alcoholic bev- erages shall be carried on where the proposed place of business is within one thousand (1,000) feet of a church, public or private school, hospital, park or play- ground, or a place of business of an- other licensed retail seller of alcoholic beverages. (2) The measurement provided above for one thousand (1,000) feet shall be made or taken from the main front entrance or entrances of such church, public or private school, hospital, park or play- ground, or a place of business of an- other licensed retail seller of alcoholic beverages, to the main front entrance of the applicant's proposed place of busi- ness along the route of ordinary pedes- trian traffic. (3) The restrictions of section 45-36 shall not apply to the sale of beer, ale or wine at retail, not to be consumed on the premises. (4) The restrictions of section 45-36 shall not apply to any presently existing li- censed retail seller of alcoholic bever- ages so long as such licensee continues to be so licensed at its present location, nor to any bona fide restaurant as de- fined and licensed under Florida Stat- utes as a restaurant with full kitchen facilities, regardless of size or seating capacity, where alcoholic beverages are served solely as an accessory use to the restaurant at tables only and not at a bar and only when such restaurant is 2509 § 45-37 open for the sale and service of food; provided, however, that the provisions of this subparagraph (4) shall not permit a license to be issued under this ordinance for restaurants or other li- censed retail sale of alcoholic bever- ages where the proposed place of busi- ness is within one thousand (1,000) feet of a church, public or private school, hospital, public park or public play- ground. 0. Xeriscape landscaping practices. Properties within all zoning districts are encouraged to uti- lize xeriscape landscaping practices to simulta- neously enhance the appearance of the property while requiring less water and energy. Xeriscape practices in the village shall be based on the latest published South Florida Water Management Dis- trict xeriscape manual. (Ord. No. 209-70, § 1; Ord. No. 2-71, § 1; Ord. No. 1-72, § 1; Ord. No. 11-74, § 1; Ord. No. 11-75, § 1, 9-11-75; Ord. No. 2-76, § 1, 2-26-76; Ord. No. 3-77, § 1, 2-24-77; Ord. No. 15-85, § 1, 9-12-85; Ord. No. 21-90, § 21 6-28-90) Sec. 45.37. Historic site overlay district. A. Purpose. The historic site overlay district is used to impose special development restrictions on identified areas. The locations of this overlay district are established by the Village based on the need for special protective measures at those locations. The historic site overlay district im- poses different standards than those that would otherwise apply. B. Definitions. [For purposes of this section, the following words shall have the meaning ascribed to them in this subsection:] Building. A structure created to shelter any form of human activity. This may refer to a house, barn, garage, church, hotel, or similar structure. Buildings may refer to a historically or architec- turally related complex, such as municipal build- ings, or a house and barn. Parking lots and ga- rages are hereby deemed to be "buildings." Cultural resource. A site, object, structure, building or district listed in the Village's register of historic sites. § 45-37 NORTH PALM BEACH CODE Demolition. The tearing down or razing of twenty-five (25) percent or more of a structure's external walls. District. A geographically definable area pos- sessing a significant concentration, linkage, or con- tinuity of sites, buildings, structures, objects, or areas, which are united historically or aestheti- cally by plan or physical development. A district may be comprised of individual resources which are separated geographically but are linked by association or history. Object. A material thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature of design, movable, yet related to a specific setting or environment. Ordinary maintenance. Work which does not re- quire a construction permit and that is done to repair damage or to prevent deterioration or decay of a building or structure or part thereof as nearly as practicable to its condition prior to the damage, deterioration, or decay. Original appearance. That appearance (except for color) which, to the satisfaction of the village council, closely resembles the appearances of ei- ther: (1) The feature on the building as it was orig- inally built or was likely to have been built, or (2) The feature on the building as it presently exists so long as the present appearance is appropriate, in the opinion of the village council, to the style and materials of the building. C. Creation of local register of historic sites. A local register of historic sites is hereby created as a means of identifying and classifying various sites, buildings, structures, objects and districts as historic and/or architecturally significant. The local register will be kept by the director of public services. D. Initiation of placement on local register. Placement of sites, buildings, structures, objects or districts on the local register may be initiated by the village council. In addition, placement may be initiated by the owner of the site, building, structure, object or area; or, in the case of a dis- 2510 trict, by the owner of a site, building, structure, object or area within the proposed district. By adop- tion of this ordinance, those sites within the Vil- lage of North Palm Beach that have been classi- fied as a "Florida historic site" by the Division of Archives, History and Records Management, Florida Department of State, are hereby placed on the local register. E. Placement on local register. The following procedure shall be followed for placement of sites, buildings, structures, objects, areas and districts on the local register: 1. A nomination form, available from the de- partment of public services, shall be com- pleted by the applicant and returned to the department. 2. Upon receipt of a completed nomination form, including necessary documentation, the director shall place the nomination on the agenda of the next regularly scheduled meeting of the village planning commis- sion. If the next regularly scheduled meeting of the planning commission is too close at hand to allow for the required no- tice to ,be ;given, the nomination shall be ,placed on the agenda of the succeeding reg- ularly egularly scheduled meeting. 3. _Adequate notice of the ;planning commis- sion's consideration of the nomination shall be provided to the public at large, and to the owner(s) of the nominated property(ies), at least fifteen (15) days in advance of the meeting at which the nomination will be considered by the council. 4. The planning commission shall, within thirty (30) days from the date of the meeting at which the nomination is first on the plan- ning commission agenda, review the nom- ination and write a recommendation thereon for consideration by the village council. The recommendation shall include specific findings and conclusions as to why the nomination does or does not meet the appropriate criteria for listing on the local register. The recommendation shall also in- clude any owner's objection to the listing. If the nomination is of a district, the recom- mendation shall also clearly specify, f� CODE COMPARATIVE TABLE—ORDINANCES Adoption Section Ord. No. Date Section this Code 40-90 12-13-90 1 18-38 [The next page is 29331 2883 i' CODE INDEX ELECTRICITY Section FINANCES—Cont'd. Section Swimming pools; electrical equipment .... 25-8 Budget duties ....................... 2-59(4) Certify contracts .................... 2-59(3) ELECTRONIC AUDIO EQUIPMENT Custodian of bonds, contracts, etc..... 2-59(7) Noise control ............................ 19-104 Financial statements ............... 2-59(5) EMERGENCIES Keep accounts....................... 2-59(6) Ambulances ............................. 17-50, 17-51 Prescribe form ...................... 2-59(2) Civil disorders and disturbances Pensions and retirement. See also that sub- Mayor designated local authority for pres- ject ervation of public peace ............ 8-16 Pension and certain other benefits for fire Fire division ............................ 12-29 et seq. and police employees .............. 2-159 et seq. See: FIRE PREVENTION AND PROTEC- Pension and certain other benefits for gen- TION eral employees .................... 2-146 et seq. Water shortage emergencies ............. 19-200 et seq. Planning and development; filing fees and See: WATER SHORTAGE EMERGEN- cost for changes ..................... 21-1,21-2 CIES Social security .......................... 2-136 et seq. See: SOCIAL SECURITY EMPLOYEES. See: OFFICERS AND EM- Taxation. See that subject PLOYEES Treasury, department of ................. 2-51 See: TREASURY DEPARTMENT ENCLOSURES. See: FENCES, WALLS, HEDGES AND ENCLOSURES FINES, FORFEITURES AND OTHER PEN- ENERGY EFFICIENCY BUILDING CODE ALTIES Adopted by reference .................... 6-150 Code enforcement board; fines and liens... 2-178 Code of ordinances, provisions re general ENGINE EXHAUST penalty and continuing violations .... 1-8 Noise control policy...................... 19-108 Parking violation........................ 18-37, 18-38 EROSION CONTROL STRUCTURES FIRE DISTRICT Construction regulations ................. 5-93 et seq. Property within village designated ....... 6-3 See: BOATS, DOCKS AND WATER- WAYS FIRE PREVENTION AND PROTECTION Code enforcement board, applicability re .. 2-173 EXCAVATIONS Department of public safety, provisions re Bulkhead lines .......................... 7-1 et seq. fire division ......................... 2-76(c) See: BULKHEAD LINES Fire division Stormwater management ................ 21-61 et seq. Composition .......................... 12-30 See: STORMWATER MANAGEMENT Created; functions ................... 12-29 Street excavations ....................... 24-16 et seq. Emergency medical technician volunteers 12-32 See: STREETS, SIDEWALKS AND Equipment PUBLIC PLACES Acquisition ......................... 12-52 EXCRETA Fire alarm system ................... 12-53 Dog waste, removal provisions re......... 4-31,4-32 Generally ........................... 12-51 Housing .......................... 12-54 Private use of equipment ............ 12-55 F Tampering with equipment .......... 12-56 FENCES, WALLS, HEDGES AND ENCLO- Impersonating fireman ................ 19-8 SURES Motor equipment and members' cars des- Landscaping ............................ 27-31 et seq. ignated emergency vehicles ........ 12-31 See: LANDSCAPING Personnel Swimming pool requirements ............ 25-37, 25-38 Badges . 12-41 niaa ........................ Car insigg . ............. . ....... 12-42 FINANCES Other officers accountable to chief..... 12-39 Budget procedures ....................... 2-2 Police assistance .................... 12-43 Country club, provisions re............... 9-21(c), 9-32 Special police powers ................ 12-40 Court cost Fire prevention code Assessment of additional court cost for law Adopted by reference .................. 12-16 enforcement education expenditures 1-9 Amendments .......................... 12-17 Department of finance Pension and certain other benefits for fire Finance director; duties and police employees ............... 2-159 et seq. Audit accounts ...................... 2-59(1) See: PENSIONS AND RETIREMENT 2941 FIREARMS AND WEAPONS Concealed weapons, carrying ............. Forfeiture; disposition ................... Possession .............................. Sales restricted Record of sales required ............... . Specified weapons, display and sale of .. Switchblade knives prohibited......... . Stench bombs prohibited ................. See: STENCH BOMBS FLOOD DAMAGE PREVENTION Abrogation and greater restrictions...... . Areas of special flood hazard Basis for establishment ................ Warnings regarding designations ....... Building official Designated as flood damage control ad- ministrator....................... Duties and responsibilities ............. Definitions .............................. Development permit Required .............................. Findings of fact ......................... Flood hazard reduction provisions Coastal high hazard areas ............. General standards Anchoring .......................... Construction materials and methods . . Enclosures below lowest floor ........ Mechanical and utility equipment .... Subdivision proposals ................ Utilities ............................ Regulatory floodways .................. Sand dunes and mangrove stands...... . Specific standards Nonresidential construction .......... Residential construction ............. Interpretation........................... Lands to which provisions applies ........ Methods of reducing flood losses .......... Noncompliance, penalties for ............. Statement of purpose and objectives ...... Statutory authorization .................. Varianceprocedure ...................... FLORIDA, STATE OF. See: STATE FOLLOWING, PRECEDING Definitions and rules of construction..... . FORFEITURES. See: FINES, FORFEITURES AND OTHER PENALTIES FOWL. See: ANIMALS AND FOWL NORTH PALM BEACH CODE Section G 19-184 GAMBLING 19-186 19-183 Animals, causing to fight ................ GARAGE AND OTHER SALES 19-185(c) Garage sales ............................ 19-185(b) Permit required ......................... 19-185(a) Violations and penalties ................. 19-82 12.5-8 12.5-7 12.5-10 12.5-21 12.5-23 12.5-5 12.5=22 12.5-2 12.5-44 12.5-41(1) 12.5-41(2) 12.5-41(6) 12.5-41(5) 12.5-41(4) 12.5-41(3) 12.5-43 12.5-45 12.5-42(2) 12.5-42(1) 12.5-9 12.5-6 12.5-4 12.5-11 12.5-3 12.5-1 12.5-24 1-2 FRANCHISES Enumerated. See Appendix D Use of rights-of-way for utilities .......... 28-1 et seq See: UTILITIES 2942 GARBAGE AND TRASH Abandoned, inoperative and junked prop- erty Definitions ............................ Disposition of property ................. Hearing Procedurefor hearing ................ Requestfor hearing ................. Impounded property, redemption of ..... Liability of owner or occupant......... . Notices Content of notice .................... Contents of public sale notice ........ Notice of removal ................... Notice to remove .................... Procedure........................... Prima facie evidence of violation ....... Prohibited conditions; enumerated excep- tions............................. Public sale ............................ Removal of property from premises ..... Responsibility for removal ............. Boats; refuse disposal .................... Garbage collection and disposal Charges Commercial use property waste disposal fees and collection procedures .... Fee for excess amounts from commer- cial establishments .............. Generally........................... When and where paid ............... Definition ............................. Frequency of collection ................ Garbage cans Keptcovered ........................ Required............................ Landscaping; refuse container areas ...... Public services department Refuse disposal division ................ Weeds and brush ........................ See: WEEDS AND BRUSH GATHERINGS. See: ASSEMBLIES GENDER Definitions and rules of construction..... . GUNS. See: FIREARMS AND WEAPONS H HANDBILLS Distribution restricted ................... Section 4-8 17-61 17-62 17-63 14-37 14-48 14-45 14-44 14-51 14-52 14-42 14-49 14-47 14-40 14-41 14-39 14-38 14-50 14-46 14-43 5-12 14-30 14-28 14-27 14-29 14-23 14-26 14.25 14-24 27-41 2-85(5) 14-79 et seq. 1-2 19-7 2945 CODE INDEX MAYOR Section N Section Civil disorders and disturbances; mayor des- ignated local authority for preserva- NOISE tion of public peace .................. 8.16 Animal noises........................... 19-107 Village council; presiding officer at meet- Buildings, premises or property ings................................ 2-18 Noise from .. 19-102 Code enforcement board, applicability re .. 2-173 MEASURES. See: WEIGHTS AND MEA- Conduct, noisy and boisterous ............ 19-106 SURES Construction activity, permissible time for 19-111 Definitions .............................. 19.99 MEETINGS. See: ASSEMBLIES Electronic audio equipment .............. 19-104 Enforcement MISSILES, STONES, ETC. Authority ............................. 19-116 Throwing missiles ....................... 19-83 Procedure MONTH All other noises ..................... 19-117(b) Definitions and rules of construction...... 1-2 Motor vehicle noise enforcement, oper- ating ........................... 19-117(x) MONUMENTS Engine exhaust ......................... 19-108 Subdivisions, required improvements re... 36-27 Exemptions ............................. 19-120 Fixed mechanical equipment ............. 19-112 MOTOR VEHICLES AND TRAFFIC Horns and signal..devices................. 19-103 Ambulances ............................. 17-50, 17-51 Loading, unloading and unpacking ....... 19-110 Businesses located outside village limits; Loudspeakers and devices for advertising . 19-105 marking of commercial vehicles ...... 17-34.13 Measurement procedure ................. 19-113 Fire division, provisions re cars and desig- Musical instruments ..................... 19-104 nated emergency vehicles ............ 12-31 et seq. Noise control measurement standards other See: FIRE PREVENTION AND PROTEC- than motor vehicle noise standards... 19-118 TION Noise control policy ...................... 19-100 Hitchhiking prohibited .................. 19-6 Periods of observation ................... 19-114 Junked vehicles Radios ................................... 19-104 Abandoned, inoperative and junked prop- Special permits excepted ................. 19-119 erty .............................. 14-37 et seq. Unnecessary, excessive or offensive noise See: GARBAGE AND TRASH Unlawful to make ..................... 19-101 Noise control policy, provisions re ........ 19-103 et seq. Vehicle defect or condition of load ........ 19-109 See: NOISE Voluntary compliance ................... 19-115 Occupational licenses; marking of commer- cial vehicles ......................... 17.33.1 NORTH PALM BEACH, VILLAGE OF. See: Park regulations re traffic ............... 20-5 VILLAGE Parking. See herein: Stopping, Standing and NUDITY Parking Topless costumes prohibited .............. 19-64 Public safety department Police division, provisions re traffic ..... 2-76(b)(5) NUISANCES Public services department Abandoned, inoperative and junked prop - Division of signal service .............. 2-85(3) erty................................ 14-37 et seq. Stopping, standing and parking See: GARBAGE AND TRASH Parking restricted ..................... 18-34 Animals creating nuisances .............. 4-12 Recreational, boating and camping equip- False alarms ment; parking on residential prop- Excessive false alarms declared public erty restricted ..................... 18-35 nuisance.......................... 19-212 Signs, parking in violation of........... 18-36 Rabid animals declared nuisance ......... 4-42 Violations; fines Weeds and brush ........................ 14-79 et seq. Article provisions ................... 18-38 See: WEEDS AND BRUSH Handicap spaces ..................... 18-37 Vehicular operation NUMBER Speed limits Definitions and rules of construction...... 1-2 Generally ........................... 18-16 Specific streets ...................... 18-17 0 Weight limitations on certain roads..... 18-18 OATH, AFFIRMATION, SWEAR OR SWORN MUSICAL INSTRUMENTS Administrative code, provisions re oaths of Noise control ............................ 19-104 office............................... 2.41 2945 NORTH PALM BEACH CODE OATH, AFFIRMATION, SWEAR OR Section OR, AND Section SWORN—Cont'd. Definitions and rules of construction...... 1-2 Definitions and rules of construction...... 1-2 Election inspectors and clerk; oath required 10-59 ORDINANCES. See: CODE OF ORDI- Fire and police retirement board; oaths of NANCES office ............................... 2-167 OWNER General employees retirement board; oaths Definitions and rules of construction ...... 1-2 of office ............................. 2-154 Reserve police force; oath required........ 23-47 P OBSCENITY. See: INDECENCY AND OB- SCENITY PALM BEACH COUNTY. See: COUNTY OBSTRUCTIONS PARKING Passageways, obstructing ....... 19-47 Landscaping, provisions re off-street parking 27-38, 27-59 et seq. OCCUPATIONAL LICENSES See: LANDSCAPING Regulations enumerated ................. 17-16 et seq. Parks; designated parking areas.......... 20-5(6) See: LICENSES AND PERMITS Stopping, standing and parking .......... 18-34 et seq. See: MOTOR VEHICLES AND TRAFFIC OFFENSES Zoning, provisions re off-street parking ... 45-27 et seq. Definitions .............................. 19-1 See• ZONING (Appendix C) Enumerated ............................ 19-3 et seq. See also specific offenses as indexed PARKS, PLAYGROUNDS AND RECRE- State misdemeanors adopted ............. 19-2 ATION Alcoholic beverages OFFICERS AND EMPLOYEES Consumption on playgrounds and publicpaz.ks, Administrative code ..................... 2-39 et seq. , , , , ... , . , , , , , , , , , , , .. • , . , , , 3-3 See: ADMINISTRATIVE CODE Bicycles Definitions and rules of construction...... 1-2 Operation in safe manner, etc.......... 20-6(2) Elections. See also that subject Operation prohibited in certain areas ... 20-6(1) Generally ............................. 10-1 et seq. Buildings or structure, erecting .......... 20-3 Inspectors and clerk ................... 10-58 et seq. Department of recreation Finance director ......................... 2-59 Director's duties See: FINANCES Conduct community activity ......... 2-110(2) Impersonating village official ............ 19-8 Supervise recreation areas ........... 2-110(1) Librarian ............................... 2-93 Ejectment of violators ................... 20-8 Mayor .................................. 2-18,8.16 Enforcement of provisions, responsibility.. 20-7 Pensions and retirement. See also that sub- Hours regulated.... 20-1 ject Meetings Meetings and gatherings Pension and certain other benefits for fire for loss or injury Liability ry.............. 20-23 and police employees .............. 2-159 et seq. Permit Pension and certain other benefits for gen- Appeal from refusal to issue.......... 20-35 eral employees .................... 2-146 et seq. Application ......................... 20-33 Social security ........................ 2-136 et seq. Form ............................... 20-32 Public safety director .................... 2-75 Issuance standards .................. 20-34 Public services director .................. 2-84 Required............................ 20-31 Recreation director ...................... 2-110 Revocation.......................... 20-36 Social security .......................... 2-136 et seq. Rules and regulations, permittee bound See: SOCIAL SECURITY by ................................ 20-22 Treasurer ............................... 2-51 Property used to violate provisions, confis- See: TREASURY DEPARTMENT cation of ............................ 20-9 Village clerk and deputy village clerk .... 2-67 et seq. Public services department See: DOCUMENTS AND PUBLIC Division of parks ...................... 2-85(2) RECORDS Restrooms, failure to cooperate in keeping Village manager ........................ 2-115 et seq. neat or sanitary ..................... 20-2 See: VILLAGE MANAGER Traffic OFFICIAL TIME Enforcement of traffic regulations ...... 20-5(2) Definitions and rules of construction...... 1-2 Operation confined to roads ............ 20-5(5) Parking areas designated .............. 20-5(6) OPEN SPACES. See: YARDS AND OPEN Signs ................................. 20-5(3) SPACES Speed of vehicles ...................... 20-5(4) 2946 2947 CODE INDEX PARKS, PLAYGROUNDS AND RECRE- Section PENSIONS AND RETIREMENT—Cont'd. Section ATION—Cont'd. Normal and optional forms of benefits .. 2-149 State motor vehicle laws ............... 20-5(1) Pension validity....................... 2-156(c) Trees Repeal or termination of system ........ 2-155 Climbing trees, etc ..................... 20-4 Retirement board Use by public only ....................... 20-1 Additional rules and regulations autho- rized ........................... 2-152 PENALTIES. See: FINES, FORFEITURES Established ......................... 2-151 AND OTHER PENALTIES Investing funds; custodian of securities 2-153 PENSIONS AND RETIREMENT Oaths of office; meetings; quorum .... 2-154 Pension and certain other benefits for fire Village contributions and police employees Generally ........................... 2-150(a) Benefit amounts and eligibility Other ............................... 2-150(b) Cost of living ....................... 2-161(f) Social security .......................... 2-136 et seq. Disability retirement ................ 2-161(h) See: SOCIAL SECURITY Early retirement .................... 2-161(d) PERMITS. See: LICENSES AND PERMITS Late retirement ..................... 2-161(c) Preretirement death ................. 2-161(e) PERSON Retirement benefit .................. 2-161(b) Definitions and rules of construction...... 1-2 Retirement date ..................... 2-161(a) PIERS Termination of employment .......... 2-161(g) Docks and piers, construction requirements Definitions ............................ 2-159 re .................................. 5-81 et seq. Discharged members .................. 2-169(a) See: BOATS, DOCKS AND WATER - Incompetents .......................... 2-169(d) WAYS Membership Application for membership .......... 2-160(b) PLANNING AND DEVELOPMENT Changes in designation of beneficiary. 2-160(c) Appearance plan (Appendix A). See that sub - Conditions of eligibility .............. 2-160(a) ject Nonassignability ...................... 2-169(b) Board of adjustment Optional forms of benefits .............. 2-162 Composition; conduct generally Pension validity ....................... 2-168(c) Administrative orders, review of...... 21-21(d) Repeal or termination of system ........ 2-168 Created ............................. 21-21(a) Retirement board Decision of administrative official, ap- Additional rules and regulations autho- peals to board from .............. 21-21(e) rized ........................... 2-165 Hearing of appeals .................. 21-21(g) Established ......................... 2-164 Judicial review of decisions of board.. 21-21(h) Investing funds; custodian of securities 2-166 Membership; terms; alternate; compen- Oath of office, meetings, quorum of sation .......................... 21-21(b) board ........................... 2-167 Powers and duties..............:.... 21-21(c) Village contributions Stay of work and proceedings on appeal 21-21(f) Generally ........................... 2-163(a) Comprehensive plan Member contributions ............... 2-163(c) Adoption.............................. 21-01 Other ............................... 2-163(b) Filing fees and costs for changes Pension and certain other benefits for gen- Enactment and authority ............ 21-1(a) eral employees Fee; application ..................... 21.1(c) Benefit amounts and eligibility Jurisdiction ......................... 21-1(b) Early retirement .................... 2-148(d) Planning commission, advise of ...... 21-1(d) Late retirement ..................... 2-148(c) Concurrency management Preretirement death ................. 2-148(e) Adequate public facilities available to ser - Retirement benefit .................. 2-148(b) vice development .................. 21-45 Retirement date ..................... 2-148(a) Application ........................... 21-42 Termination of employment .......... 2-148(f) Definitions ............................ 21-44 Definitions ............................ 2-146 Intent and purpose Discharged members .................. 2-156(a) Comprehensive plan, implementation of 21-43(a) Incompetents .......................... 2-156(d) Management/monitoring and regula- Membership tory program, establishment of ... 21-43(b) Application for membership .......... 2-147(b) Minimum requirements .............. 21-43(c) Change in designation of beneficiary.. 2-147(c) Management and monitoring program Conditions of eligibility .............. 2-147(a) Amendments to CIE and annual Nonassignability ...................... 2-156(b) budget, recommendations on ..... 21-46(c) 2947 NORTH PALM BEACH CODE PLANNING AND DEVELOPMENT—Cont'd. Section POLLUTION—Cont'd. Section Annual public facilities update report. 21-46(b) Stormwater management provisions re pol- Generally.. 21-46(a) lutant loads ......................... 21-67 Regulatory program Waterways, pollution of .................. 5-13 Exemptions ......................... 21-47(b) Wellfield protection Generally ......................... 21-47(a) Regulation of business activities with po- Public facility adequacy, review to de- tential to contaminate land and water termine......................... 21-47(c) resources ......................... 19-221 Short title ............................ 21-41 PRECEDING, FOLLOWING Filing fees and costs for voluntary annex - Definitions and rules of construction...... 1-2 ation of land Enactment and authority .............. 21-2(a) PROFANITY Fees: application ...................... 21-2(c) Vulgar language prohibited in public places 19-65 Jurisdiction ........................... 21-2(b) Planning commission, advice of......... 21-2(d) PROPERTY Stormwater management ................ 21-61 et seq. Abandoned, inoperative and junked prop - See: STORMWATER MANAGEMENT erty................................. 14-37 et seq. Subdivision regulations .................. 36-1 et seq. See: GARBAGE AND TRASH See: SUBDIVISIONS (Appendix B) Appearance plan (Appendix A). See that sub - Zoning regulations ...................... 45-1 et seq. ject Definitions and rules of construction 1-2 See: ZONING (Appendix C) ...... Dogs on property of others ............... 4-28(b) PLANNING COMMISSION Insurance excise taxes; property insurance Composition; conduct generally premiums ........................... 26-17 Created ............................... 21-11(a) Noise from property ..................... 19-102 Meetings ............................. 21-11(c) Signs projecting over public property ..... 6-121 Membership .......................... 21-11(b) Subdivision regulations .................. 36-1 et seq. Powers and duties ..................... 21-11(d) See: SUBDIVISIONS (Appendix B) Zoning ordinances, changes to ............ 21-12 Weeds and brush ........................ 14-79 et seq. See: WEEDS AND BRUSH PLATS. See: SURVEYS, MAPS AND PLATS PUBLIC PLACES. See: STREETS, SIDE - PLAYGROUNDS. See: PARKS, PLAY- WALKS AND PUBLIC PLACES GROUNDS AND RECREATION PUBLIC RECORDS. See: DOCUMENTS AND POLICE PUBLIC RECORDS Court cost Assessment of additional court cost for law PUBLIC SAFETY DEPARTMENT enforcement education expenditures 1-9 Director's duties Department of public safety, provisions re Designate instructor ................... 2-75(2) police division ....................... 2-76(b) Make assignments........... ........ 2-75(1) Elections; policemen to be present at polling Divisions place. ......................... 10-77 Fire Fire division, provisions re police assistance 12-43 Fire fighting ........................ 2-76(c)(3) Impersonating police officer .............. 19-8 Fire prevention ..................... 2-76(c)(4) Pension and certain other benefits for fire Maintain equipment ................. 2-76(c)(2) and police employees ................ 2-159 et seq. Report losses........................ 2-76(c)(1) See: PENSIONS AND RETIREMENT Generally ............................. 2-76(a) Reserve force Police Application for membership ............ 23-43 Crime prevention .................... 2-76(b)(3), (4) Compensation ............ I ............ 23-50 Investigation ........................ 2-76(b)(3) Created; purpose ...................... 23-42 Patrol.............................. 2-76(b)(2) Director of public safety, appointment to Radio ............................... 2-76(b)(6) serve by .......................... 23-45 Records............................. 2-76(b)(1) Oath required ......................... 23-47 Traffic.............................. 2-76(b)(5) Powers and duties ..................... Reserve list to be maintained 23-48 23-44 PUBLIC SERVICES DEPARTMENT .......... Resignation ........................... 23-46 Director's duties......................... 2-84 Uniforms and insignia ................. 23-49 Divisions Municipal garage ...................... 2-85(4) POLLUTION Parks ................................. 2-85(2) Smoke, dust, odors, liquids, etc........... 19-9 Permits and inspections ................ 2-85(1) 2948