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Pages Replaced by Supplement #71TABLE 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. 69 xi NORTH PALM BEACH CODE Chapter Page Art. IV. Manager ................................... 144 Art. V. Pensions and Retirement Systems ............ 144 386 Div. 1. Generally ............................... 144 387 Div. 2. Social Security .......................... 144 388 Div. 3. Pension and Certain Other Benefits for Art. VI. Reserved .................................. 401 Art. VII. Reserved .................................. General Employees ...................... 145 453 Div. 4. Pension and Certain Other Benefits for Art. II. Filling Permit .............................. 455 8. Emergency Management ................................. Fire and Police Employees ............... 152.3 509 Div. 5. Length of Service Award Plan for Volunteer Firefighters ............................. 164 Div. 6. ICMA Defined Contribution Pension Plan. 164.1 Art. VI. Code Enforcement .......................... 164.2 Art. VII. Alternate Method of Code Enforcement ..... 169 3. Alcoholic Beverages ..................................... 211 4. Animals and Fowl ....................................... 263 Art. I. In General .................................. 265 Art. II. Dogs and Cats .............................. 267 Art. III. Rabies Control ............................. 269 5. Boats, Docks and Waterways ............................. 319 Art. I. In General .................................. 321 Art. II. Boat Launching Area ....................... 326 Art. III. Construction Requirements ................. 327 Div. 1. Generally ............................... 327 Div. 2. Canals .................................. 327 Div. 3. Bulkheads and Seawalls ................. 328 Div. 4. Docks and Piers ......................... 329 Div. 5. Erosion Control Structures ............... 335 Art. IV. Marine Sanctuaries ......................... 335 Art. V. Waterways Board ........................... 336 6. Buildings and Building Regulations ...................... 381 Art. I. In General .................................. 383 Art. II. Minimum Construction Standards ........... 383 Art. III. Appearance Code .......................... 386 Div. 1. Generally ............................... 386 Div. 2. Reserved ................................ 387 Div. 3. Certificate of Appropriateness ............ 387 Art. IV. Abatement of Unsafe or Unsanitary Buildings 388 Art. V. Signs and Outdoor Displays .................. 392.1 Art. VI. Reserved .................................. 401 Art. VII. Reserved .................................. 401 7. Bulkhead Lines ......................................... 453 Art. I. In General .................................. 455 Art. II. Filling Permit .............................. 455 8. Emergency Management ................................. 507 Art. I. In General .................................. 509 Art. II. Civil Disorders and Disturbances ............ 510 Supp. No. 69 xii TABLE OF CONTENTS—Cont'd. Chapter Page Art. III. Exempt Employee Emergency Duty ......... 511 9. Country Club ........................................... 559 Art. I. In General .................................. 561 Art. II. Golf Advisory Board ........................ 562 Art. III. Finances .................................. 563 10. Elections .............................................. 615 Art. I. In General .................................. 617 Art. II. Reserved ................................... 618 Art. III. Reserved .................................. 618 Art. IV. Polling Locations ........................... 618 11. Electricity ............................................. 671 Art. I. In General .................................. 673 Art. II. Electrical Code ............................. 673 11.5. Emergency Service ................................... 695 Art. I. In General .................................. 697 Art. II. Emergency Medical Services ................. 697 12. Fire Prevention and Protection .......................... 723 Art. I. In General .................................. 725 Art. II. Florida Fire Prevention Code ................ 725 Art. III. Reserved .................................. 726 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances........... 726 12.5. Flood Damage Prevention ............................. 777 Art. I. Administration .............................. 779 Art. II. Definitions ................................. 789 Art. III. Flood Resistant Development ............... 794 13. Reserved .............................................. 839 14. Health and Sanitation .................................. 889 Art. I. In General .................................. 891 Art. II. Garbage, Trash and Refuse .................. 891 Div. 1. Generally ............................... 891 Div. 2. Garbage Collection and Disposal ......... 891 Div. 3. Reserved ................................ 893 Art. III. Reserved .................................. 894 Art. IV. Abatement of Public Nuisances on Private Property ................................... 894 15. Housing ............................................... 945 Art. I. Property Maintenance Standards ............. 947 Art. II. Abandoned Real Property ................... 951 Art. III. Minimum Housing Standards ............... 953 16. Library ................................................ 997 Art. I. In General .................................. 999 Art. II. Library Board .............................. 999 Supp. No. 67 xiii NORTH PALM BEACH CODE Chapter Page 17. Licenses and Miscellaneous Business Regulations ........ 1051 1291 Art. I. In General .................................. 1053 Div. 1. Generally ............................... Art. II. Local Business Tax ......................... 1057 1292 Art. III. Businesses Located Outside Village Limits .. 1060.4 21. Planning and Development ............................. Art. IV. Simulated Gambling Devices ................ 1063 1345 Art. V. Ambulances ................................. 1065 Art. III. Board of Adjustment ....................... Art. VI. Garage and Other Sales .................... 1066 1350 Art. VII. Business Advisory Board .................. 1066 Art. VI. Archaeological Site Protection Regulations... Art. VIII. Peddlers and Solicitors .................... 1067 17.5 Reserved ............................................. 1121 18. Motor Vehicles and Traffic .............................. 1171 Art. I. In General .................................. 1173 Art. II. Operation of Vehicles Generally ............. 1173 Art. III. Stopping, Standing and Parking ............ 1174 19. Offenses and Miscellaneous Provisions .................. 1225 Art. I. In General .................................. 1227 Art. II. Sexual Offenders and Sexual Predators ...... 1230 Art. III. Offenses Against Property .................. 1230 Art. IV. Offenses Against Public Morals ............. 1230 Art. V. Offenses Against Public Peace ............... 1231 Art. VI. Noise Control .............................. 1231 Art. VII. Reserved .................................. 1234 Art. VIII. Weapons ................................. 1234 Art. IX. Water Shortage Emergencies ............... 1237 Art. X. Alarms ..................................... 1238 Art. XI. Wellfield Protection ........................ 1242 20. Parks, Playgrounds and Recreation ...................... 1289 Art. I. In General .................................. 1291 Art. II. Meetings and Gatherings .................... 1292 Div. 1. Generally ............................... 1292 Div. 2. Permit .................................. 1292 Art. III. Recreation Advisory Board ................. 1293 21. Planning and Development ............................. 1343 Art. I. In General ....................... .. ....... .. 1345 Art. II. Planning Commission ....................... 1347 Art. III. Board of Adjustment ....................... 1348 Art. IV. Concurrency Management .................. 1350 Art. V. Stormwater Management .................... 1363 Art. VI. Archaeological Site Protection Regulations... 1366.1 22. Reserved .............................................. 1411 23. Police .................................................. 1463 Art. I. In General .................................. 1465 Art. II. Reserved ................................... 1465 Art. III. Reserve Force .............................. 1465 24. Streets, Sidewalks and Public Places .................... 1517 Art. I. In General .................................. 1519 Supp. No. 67 xiv TABLE OF CONTENTS—Cont'd. Chapter Page Art. II. Work Performed Within Rights -of -Way ....... 1519 Art. III. Sidewalks and Driveways .................. 1520.3 Art. III. Design Standards .......................... Div. 1. Generally ............................... 1520.3 2368.1 Div. 2. Permits ................................. 1523 25. Swimming Pools ...................................... 1573 Art. I. In General .................................. 1575 Art. II. Reserved ................................... 1575 Art. III. Reserved .................................. 1576 26. Taxation ............................................... 1627 Art. I. In General .................................. 1629 Art. II. Insurance Excise Taxes ..................... 1629 Art. III. Utility Tax ................................ 1629 Art. IV. Telecommunications Service Tax ............ 1630 27. Trees and Shrubbery ................................... 1681 Art. I. In General .................................. 1683 Art. II. Trees in Swale Areas ....................... 1683 Art. III. Landscaping ............................... 1684 Div. 1. Generally ............................... 1684 Div. 2. Reserved ................................ 1686 Div. 3. Requirements for Certain Yard Areas, Off - Street Parking and Other Vehicular Use Areas ................................... 1686 Art. IV. Fertilizer -Friendly Use Ordinance ........... 1690 28. Use of Rights -of -Way for Utilities ....................... 1739 29. Communications Services ............................... 1781 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. Required Improvements .................... 2368.1 Art. V. Enforcement Provisions ...................... 2372 Art. VI. Amendments ............................... 2378 Art. VII. Legal Status .............................. 2379 C. Zoning ................................................. 2479 Art. I. In General .................................. 2481 Art. II. Generally .................................. 2486 Art. III. District Regulations ........................ 2488.10 Arts. IV, V. Reserved ............................... 2529 Art. VI. Amendments—Fees; Waiting Periods ........ 2529 Art. VII. Nonconforming Uses of Land and Structures 2530 D. Franchises ............................................. 2619 Supp. No. 67 xV NORTH PALM BEACH CODE Page 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 Supp. No. 67 xvi 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 XL xii 69 81,82 58 xiii, xiv 67 83 58 xv, xvi 67 133, 134 62 SH:1, SH:2 63 134.1, 134.2 62 SH:3, SH:4 70 134.35 134.4 62 1 25 135, 136 60 354 25 137, 138 60 55 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 1395140 34 115 12 61 141, 142 62 [1] Supp. No. 70 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 142.1, 142.2 62 331; 332 69 143,144 52 333,334 69 144.1 52 335:0336 69 145, 146 47 337 69 147,148 47 381,382 66 149, 150 47 383,384 53 151,152 65 385,386 66 152.15, 152.2 65 386.1 66 152.2.1 65 387,388 60 152.3, 152.4 47 389,390 60 152.55, 152.6 60 391, 392 60 153, 154 61 392.1, 392.2 60 154.1 61 392.3, 392.4 60 155, 156 46 392.5 60 157, 158 52 393,394 56 159,160 61 3959396 56 160.1, 160.2. 61 397,398 56 161,162 46 398.1 56 162.1, 162.2 46 398.15, 398.16 40 163,164 52 399,400 53 164.15 164.2 65 401 53 164.3 65 453 OC 165,166 48 4555456 22 167,168 48 507 57 169,170 48 509,510 57 211 OC 511,512 57 213,214 19 559 36 263 59 561,562 52 265,266 59 563 40 266.1 59 615 36 267,268 52 617,618 67 269 52 671 2 319,320 69 673 24 3219322 69 695 13 3239324 69 697 52 325,326 69 723 52 327,328 69 725,726 67 329,330 69 727 67 [2] Supp. No. 70 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 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 70 791,792 66 1176.1 70 793,794 66 1177, 1178 65 795,796 66 11799 1180 65 797,798 66 1225 61 799 66 1227,1228 61 839 OC 1229, 1230 63 889 39 1231, 1232 63 8919892 61 1233, 1234 63 8939894 52 1235 63 895 50 1237,1238 52 945 67 1239,1240 52 947,948 67 1241, 1242 52 949,950 67 1289 52 951,952 67 1291, 1292 52 953,954 67 1293, 1294 29 955,956 67 1295 29 997 OC 1343, 1344 62 999, 1000 22 1345, 1346 62 1051, 1052 61 1347, 1348 62 1052.1 61 1348.1 62 1053, 1054 31 134%1350 45 1054.19 1054.2 31 1350.1, 1350.2 45 1054.3, 1054.4 31 1351!11352 33 1055, 1056 36 1353, 1354 33 1057, 1058 33 1355, 1356 33 105%1060 33 1356.1 33 1060.1, 1060.2 43 1357, 1358 OC 1060.3, 1060.4 43 1359, 1360 33 1060.5 43 1361, 1362 33 1061, 1062 8 1363, 1364 52 1063, 1064 54 1364.1 52 [3] Supp. No. 70 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 1366.3:11366.4 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 1520.39 1520.4 64 2359, 2360 33 1521, 1522 47 2361, 2362 33 1523 47 236392364 33 1573 24 2364.1 33 1575, 1576 29 2365, 2366 OC 1627 9 236792368 37 1629, 1630 27 2368.1 37 1631 27 236%2370 OC 1681, 1682 66 2371, 2372 OC 1683, 1684 33 2373, 2374 33 1684.15 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 2488.39 2488.4 62 1787, 1788 65 2488.59 2488.6 62 178%1790 65 2488.79 2488.8 68 1791, 1792 65 2488.99 2488.10 67 1793, 1794 65 2488.11 67 1795, 1796 65 248%,2490 59 1797, 1798 65 2491, 2492 59 1799 65 2493,2494 59 [4] Supp. No. 70 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, 2510.48 255 Add. 2499, 2500 59 2510.49, 2510.50 25, Add. 2501, 2502 59 2510.515 2510.52 25, Add. 2503, 2504 62 2510.53, 2510.54 25, Add. 2504.15 2504.2 62 2510.555 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 2512.2.15 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 2512.75 2512.8 51 2510.19 2510.2 62 2512.95 2512.10 67 2510.2.1 62 2512.10.1 63 2510.35 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 2510.115 2510.12 54 2517!12518 67 2510.12.1, 2510.12.2 54 2519, 2520 67 2510.12.3 54 2521, 2522 67 2510.135 2510.14 25, Add. 2523!12524 67 2510.15, 2510.16 25, Add. 2524.1 67 2510.175 2510.18 25, Add. 2525, 2526 62 2510.19, 2510.20 259 Add. 2527, 2528 62 2510.215 2510.22 259 Add. 2529, 2530 67 2510.23, 2510.24 51 2531!,2532 67 2510.25, 2510.26 255 Add. 2533 67 2510.27, 2510.28 25, Add. 2619 48 2510.299 2510.30 25, Add. 2819, 2820 63 2510.319 2510.32 255 Add. 2869, 2870 OC 2510.335 2510.34 25, Add. 2871 OC 2510.355 2510.36 51 2873 OC 2510.37, 2510.38 25, Add. 2875, 2876 OC 2510.399 2510.40 25, Add. 2877, 2878 OC 2510.41, 2510.42 259 Add. 2879, 2880 OC 2510.43, 2510.44 25, Add. 2881, 2882 14 [5] Supp. No. 70 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 70 2933, 2934 25 2935, 2936 65 2937, 2938 69 2939, 2940 67 2941, 2942 67 2943, 2944 67 2945, 2946 67 2947, 2948 67 2949, 2950 67 2951, 2952 67 2953, 2954 67 2955, 2956 67 2957, 2958 67 2959 67 2961, 2962 67 2963, 2964 67 [6] Supp. No. 70 SUPPLEMENT HISTORY TABLE Ord. N0. Date Adopted Included/ Omitted Supp. No 2015-15 9-24-15 Omitted 63 2015-16 9-24-15 Omitted 63 2015-17 1-14-16 Omitted 63 2015-18 9-24-15 Omitted 63 2015-19 11-12-15 Included 63 2015-20 11-12-15 Included 63 2015-21 12-10-15 Omitted 63 2015-22 12-10-15 Included 63 2016-02 1-14-16 Omitted 63 2016-03 1-14-16 Omitted 63 2016-01 4-28-16 Omitted 64 2016-04 1-28-16 Omitted 64 2016-05 3-24-16 Omitted 64 2016-06 5-12-16 Included 64 2016-25(Res.) 5-12-16 Omitted 64 2016-07 9- 8-16 Included 65 2016-08 9-22-16 Omitted 65 2016-09 9-22-16 Omitted 65 2016-10 11-10-16 Omitted 65 2016-11 12- 8-16 Omitted 65 2017-01 1-12-17 Omitted 65 2017-02 1-12-17 Included 65 2017-03 1-26-17 Included 65 2017-04 2- 9-17 Omitted 65 2017-05 2- 9-17 Omitted 65 2017-08 5-25-17 Omitted 66 2017-10 7-27-17 Omitted 66 2017-11 8-24-17 Included 66 2017-12 9-28-17 Omitted 66 2017-13 9-28-17 Included 66 2017-14 9-28-17 Omitted 66 2017-15 9-28-17 Omitted 66 2017-16 10-12-17 Omitted 67 2017-17 10-12-17 Omitted 67 2017-18 10-12-17 Included 67 2017-19 11- 9-17 Omitted 67 2017-20 11- 9-17 Omitted 67 2017-21 12-14-17 Included 67 2017-22 12-14-17 Included 67 2017-23 12-14-17 Included 67 2017-24 12-14-17 Included 67 2017-25 12-14-17 Omitted 67 2018-01 1-11-18 Included 68 2018-03 4-12-18 Omitted 68 2018-04 5-10-18 Included 69 2018-02 9-27-18 Omitted 70 Supp. No. 70 SH:3 NORTH PALM BEACH CODE Supp. No. 70 SHA Date Included! Ord.:No., Adopted Omitted Supp. No 2018-05 8- 9-18 Omitted 70 2018-06 10- 1-18 Omitted 70 2018-07 10- 1-18 Omitted 70 2018-08 10- 1-18 Omitted 70 2018-09 12-13-18 Included 70 Supp. No. 70 SHA Chapter 2 ADMINISTRATION* Article I. In General Sec. 2-1. Boards and committees. Sec. 2-2. Budget procedures. Sec. 2-3. Adjournment of meetings of boards and commissions. Sec. 2-4. Investment policy of the village. Secs. 2-5-2-15. Reserved. Article II. Council Division 1. Generally Sec. 2-16. Compensation. Sec. 2-17. Regular meetings -When held. Sec. 2-18. Same -Presiding officer. Sec. 2-19. Adjournment of all meetings. Secs. 2-20-2-25. Reserved. Division 2. Rules of Procedure Sec. 2-26. Order of business. Sec. 2-27. Parliamentary rules. Secs. 2-28-2-38. Reserved. Article III. Administrative Code Division 1. Generally Sec. 2-39. Definition. Sec. 2-40. Departmental organization. Sec. 2-41. Oaths of office. Sec. 2-42. Bonds required of certain officers. Sec. 2-43. Policy and procedures. Secs. 2-44-2-50. Reserved. Access to records. Division 2. Audit Committee Sec. 2-51. Created. Sec. 2-52. Composition; terms; vacancies. Sec. 2-53. Organization. Sec. 2-54. Duties. Sec. 2-55. Removal. Sec. 2-56. Access to records. Sec. 2-57. Administrative services. Sec. 2-58. Reserved. Division 3. Department of Finance Sec. 2-59. Finance director; duties. *Charter reference -Administrative provisions generally, Art. IV. 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. Supp. No. 62 133 NORTH PALM BEACH CODE Secs. 2-60-2-66. Reserved. Division 4. Department Of Records Sec. 2-67. Village clerk; duties. Sec. 2-68. Deputy village clerk -Appointment. Sec. 2-69. Same -Duties. Secs. 2-70-2-74. Reserved. Division 5. Police Department Sec. 2-75. Chief of police's duties. Sec. 2-76. Composition. Secs. 2-77-2-80. Reserved. Division 6. Fire Rescue Department Sec. 2-81. Fire chiefs duties. Sec. 2-82. Functions. Sec. 2-83. Composition. Division 7. Department of Public Works Sec. 2-84. Director's duties. Sec. 2-85. Divisions. Secs. 2-86-2-92. Reserved. Division 8. Department of Library Sec. 2-93. Librarian. Secs. 2-94-2-101. Reserved. Division 9. Department of Country Club Secs. 2-102, 2-103. Reserved. Secs. 2-104-2-109. Reserved. Division 10. Department of Recreation Sec. 2-110. Director's duties. Division 11. Department Of Community Development Sec. 2-111. Director's duties. Sec. 2-112. Divisions. Secs. 2-113, 2-114. Reserved. Article IV. Manager Sec. 2-115. Residency. Sec. 2-116. Reserved. Sec. 2-117. Bond. Sec. 2-118. Budget. Secs. 2-119-2-121. Reserved. Secs. 2-122, 2-123. Reserved. Secs. 2-124-2-128. Reserved. Supp. No. 62 134 ADMINISTRATION ARTICLE I. IN GENERAL Sec. 2-1. Boards and committees. (a) Purpose. The purpose of this section is to establish procedures for village boards and com- mittees. Except as specifically provided by law or ordinance, all boards and committees are advi- sory only and the existence of such advisory boards and committees does not diminish or alter the statutory or constitutional authority of the village council. (b) Scope. The provisions of this section shall apply to all village boards and committees and shall govern the conduct of all members of such boards. (c) Creation of advisory boards. The village council may, by ordinance, create a board or committee in connection with any function of the village. The ordinance creating such board shall specify the purpose, powers, and duties of the board. Nothing set forth herein shall prevent the village council from creating ad hoc committees of limited duration by resolution. (d) Records. Each board and committee shall maintain attendance records and voting records of each member and shall forward such informa- tion to the village clerk. The records shall include the reason given by the board or committee mem- ber for any absence. (e) Compensation of members. Board and com- mittee members shall serve without compensa- tion except as may be provided by ordinance or resolution of the village council. (f) General provisions. Members of village boards and committees: (1) Shall serve at the pleasure of the village council and may be removed with or with- out cause by a vote of the village council; (2) Shall be a resident of the village and maintain residency in the village during the term of appointment (unless waived by the village council) and meet such other eligibility requirements as may be established by the village council; Supp. No. 62 134.3 § 2-1 (3) Shall not hold any employment or office in village government or any contractual re- lationship with the village; (4) Shall serve on only one (1) village board or committee where membership on two (2) boards or committees would violate the constitutional dual office -holding prohibi- tion; (5) Shall not appear before the board or com- mittee on which they serve or the village council as an agent or attorney on behalf of any person or entity; (6) Shall not have or hold any employment or contractual relationship that will create a continuing or frequently recurring con- flict between their private interests and the performance of their public duties or that would impede the full and faithful discharge of their public duties; (7) Shall not initiate any grievance or com- plaint against any person appearing be- fore the board or committee on which they serve without the approval of the village manager; and (8) Shall attend all meetings in person and shall not participate as a member of any board or committee or vote on any matter by telephone, video conferencing, or any other electronic means. (g) Number of members. Unless otherwise pro- vided by law or ordinance, each advisory board or committee shall have five (5) regular members and two (2) alternative members, designated as the first alternate and the second alternate. At the beginning of each meeting, the chairperson of the board or committee shall publicly announce whether first alternate and/or the second alter- nate will be participating in votes taken by the board or committee. (h) Terms of members. (1) The terms of members shall be estab- lished in the ordinance creating the board or committee. (2) Members whose terms have expired shall continue to serve until their successors are appointed. § 2-1 NORTH PALM BEACH CODE (3) Board and committee members may be at least forty-eight (48) hours notice is reappointed to successive terms. given to each member and to the village clerk. (i) Officers. (1) All boards and committees shall, at a meeting during the month of May, elect a chairperson, a vice -chairperson, and any other officers as the board deems neces- sary. The chairperson shall preside at board meetings and shall be the official spokesperson for the board. (2) The vice -chairperson shall assume the duties of the chairperson in the absence of the chairperson. At any meeting where the chairperson and the vice -chairperson are absent, the board or committee shall appoint a chairperson pro tempore to as- sume the duties of the chairperson. 0) Rules. Each board and committee shall adopt rules and regulations regarding the manner of conducting its meetings, which shall be consistent with the rules and regulations prescribed by the village council. Each board and committee shall adhere to the basic rules of parliamentary proce- dure, which require that: (1) All items of business and motions that are properly before the board or committee are fully and freely discussed; (2) Only one (1) issue or motion be considered at a time; (3) All members direct their remarks to the chairperson and wait to be recognized by the chairperson; (4) While majority rules, the rights of the minority are protected by assuring them the ability to speak and vote; and (5) All members refrain from making per- sonal remarks or otherwise attacking the motives of other members. (k) Meetings. (1) Meetings shall be held at the call of the chairperson, at such other times as the board or committee may determine, or as otherwise provided by law or ordinance. Special meetings shall not be held unless Supp. No. 62 134.4 (2) Members shall notify the chairperson if they are unable to attend a meeting. If a quorum will not be present, the scheduled meeting shall be cancelled. (3) Minutes shall be kept of the proceedings at each meeting and shall record the offi- cial acts taken by the board or committee. Minutes shall be transmitted to, and main- tained by, the village clerk. (4) All meetings and public hearings of vil- lage boards and committees shall be open to the public. All meetings shall be gov- erned by Government -in -the -Sunshine Law, as set forth in F.S. § 286.011. (1) Quorum and required vote. (1) Unless otherwise provided by law or ordi- nance, a quorum for the transaction of business shall consist of three (3) mem- bers. (2) The affirmative vote of a majority of those present shall be necessary to take official action. If any motion fails to achieve the affirmative vote of a majority of those present, then such petition or other mat- ter shall be deemed denied. (m) Removal of members. (1) Unless waived by the village council, any member who no longer resides within the village during his or her term shall auto- matically cease to be a member of the board or committee and shall inform the village clerk's office. (2) If any member of a board or committee is absent from three (3) consecutive regular meetings or twenty-five (25) percent of the regular meetings within any twelve- month period, the chairperson shall notify the village council of such absences in writing. Upon consideration of the circum- stances pertaining to the member's ab- sences, the village council may retain the ADMINISTRATION § 2-4 member or declare the member's office village, and to set forth an estimate of all income vacant and promptly fill such vacancy for from all sources whatsoever which shall be re - the unexpired term of office. ceived by the village. (n) Resignation of members. Members of boards or committees may resign at any time, by submit- ting a written letter of resignation to the village clerk. (o) Clerical /technical support. The village man- ager may furnish the board or committee neces- sary clerical services and technical assistance. (p) Dissolution of boards. Unless otherwise provided by law or ordinance, the village council may dissolve a board or committee if the village council determines that the board is no longer needed to meet the purposes for which it was established. (Code 1970, § 2-18; Ord. No. 18-2001, § 1, 6-28-01; Ord. No. 06-2002, § 1, 2-28-02; Ord. No. 2007-13, §§ 1, 2, 7-12-07) Sec. 2-2. Budget procedures. (a) The village manager shall prepare and submit to the members of the council, at least forty-five (45) days prior to the first regular meet- ing of the council in September of each year, a balanced budget for the operation of the village government during the next fiscal year, including an estimate of the revenues and expenditures in such forms as to afford the council a comprehen- sive understanding of the needs and require- ments of the various divisions of the village gov- ernment for the ensuing year. Sufficient copies of this budget shall be prepared so that there shall be at least three (3) copies on file in the office of the village clerk. (b) The council is hereby authorized and em- powered to prepare and adopt a budget for each fiscal year by ordinance to be introduced at the first regular meeting of the council in September of each year, which ordinance shall fix and deter- mine the amount of money to be raised by taxa- tion in the village for the following fiscal year and shall also make separate and several appropria- tions for the payment of all necessary operating expenses of the village and for the payment of interest and principal of any indebtedness of the Supp. No. 60 135 (c) Before final passage of the budget ordi- nance, the village clerk shall cause the same as introduced to be posted at the village hall and in at least one (1) other conspicuous place in the village. At those places the village clerk shall post a notice stating the time and place the budget will be acted on finally and shall also state in such notice that the estimate of the village manager upon which the budget is based is on file for inspection of the public at the office of the village clerk. The budget ordinance shall not be passed by the council until twelve (12) days after such posting, but not later than September 30. (Ch. 31481 (1956), Laws of Fla., Art. VII, § 3; Ch. 65-1969, Laws of Fla., § 5; Ord. No. 21-76, § 1, 10-14-76; Ord. No. 15-77, §§ 1, 2, 8-25-77; Ord. No. 23-2001, § 1, 8-9-01) Charter reference—Provisions of former charter not embraced in or inconsistent with 1976 revision continued in effect as ordinances, Art. VI, § 1. Sec. 2-3. Adjournment of meetings of boards and commissions. All regular meetings, special meetings and workshop meetings for village boards and com- missions shall be adjourned on or before 11:00 p.m. on the date when the meeting convened. (Ord. No. 21-95, § 1, 7-27-95) Sec. 2-4. Investment policy of the village. (a) Purpose. The purpose of this statement is to set forth the policy and objectives governing the investment management of public funds of the village that are in excess of the amounts needed to meet current expenses. This investment policy places the highest priority on the safety and liquidity of funds. (b) Scope. This investment policy applies to all the investment activity of the village, except for its employees' pension funds, which are organized and administered separately, or for funds related to the issuance of debt where there are other existing policies or indentures in effect for such funds. Funds included: (1) General fund. § 2-4 NORTH PALM BEACH CODE (2) Special revenue funds. value of securities in the portfolio (3) Enterprise funds. will fall due to changes in general interest rates, by: (4) Capital projects funds. 1. Structuring the investment port - (5) Any new funds created by the gov- folio so that the securities ma- erning body unless specifically ex- ture to meet cash requirements empt. for ongoing operations, thereby avoiding the need to sell secu- (c) Investment Objectives. The primary objec- rities on the open market prior tives, in priority of order of investment activities, to maturity; and shall be safety of principal, liquidity of funds, and maximizing investment income. 2. Investing operating funds pri- marily in short-term securities, (1) Safety. Safety of principal is the foremost money market mutual funds, objective of investment activities. Invest- or similar investment pools un- ments shall be undertaken in a manner less it is anticipated that long - that seeks to insure preservation of capi- term securities can be held to tal in the overall portfolio. All other in- maturity without jeopardizing vestment objectives are secondary to the the liquidity requirements. safety of principal. The objective will be to mitigate credit risk and interest rate risk. (2) Liquidity. a. Credit risk. Credit risk, the risk of a. General liquidity. The investment loss due to the failure of the security portfolio shall remain sufficiently liq- issuer or backer, will be minimized uid to meet all operating require - by: ments that may be reasonably antic - 1. Limiting investments to safe ipated. This is accomplished by types of securities. structuring the portfolio so that the securities mature concurrent with 2. Pre -qualifying the financial in- cash needs to meet anticipated de- stitutions, broker dealers, inter- mands. Furthermore, since all possi- mediaries, and advisers with ble cash demands cannot be antici- which the village will do busi- pated, the portfolio should consist ness. largely of securities with active sec - 3. Diversifying the investment ondary or resale markets. Portions portfolio so that potential losses of the portfolio may be placed in on individual securities will not interest-bearing checking/savings ac - place an undue financial bur- counts with qualified public deposi- den on the village, and tories, Securities and Exchange Com- 4. Monitoring all of the village's mission registered money market funds with the highest credit quality investments to anticipate and rating from a Nationally Recognized respond appropriately to Chang- Statistical Rating Organization ing market conditions. (NRSRO), or local government invest - 5. Quarterly reporting, in compar- ment pools which offer same-day li- ative format, of all market val- quidity for short-term funds. ues of invested funds and in- b. Local liquidity. The chief financial struments. officer of the village shall establish b. Interest rate risk. The village will and maintain a local, liquid fund in minimize the risk that the market an amount equal to, as a minimum, Supp. No. 60 136 ADMINISTRATION respective departments and all activities assigned thereto, except as provided in section 2-40. (2) Inaugurate sound practices. Keep in- formed as to the latest practices in their particular field and shall inaugurate, with the approval of the village manager, such new practices as appear to be of benefit to the service and to the public. (3) Report to village manager. Submit monthly and annual reports of the activities of his department to the village manager. (4) Maintain records. Establish and maintain a system of filing and indexing records and reports in sufficient detail to furnish all information necessary for proper con- trol of departmental activities and to form a basis for the periodic reports to the village manager. (5) Authority over employees. Have power, when authorized, by the village manager, to appoint and remove, subject to person- nel policy regulations for personnel, all subordinates under him. (6) Maintain equipment. Be responsible for the proper maintenance of all village prop- erty and equipment used in his depart- ment. (c) Departments. Each department shall fur- nish, upon the direction of the village manager, any other department such service, labor and materials as may be requisitioned by the head of such department, and as its own facilities permit, through the same procedure and subject to the same audit and control as other expenditures are incurred. (Code 1970, § 2-35; Ord. No. 44-97, § 2, 10-9-97; Ord. No. 5-99, § 1, 1-28-99) Secs. 2-44--2-50. Reserved. DIVISION 2. AUDIT COMMITTEE Sec. 2-51. Created. An audit committee (hereinafter referred as the committee) for the village is hereby created. (Ord. No. 06-2004, § 1, 4-8-04) Supp. No. 34 139 § `L-53 Sec. 2-52. Composition; terms; vacancies. (a) Composition. The audit committee shall consist of five (5) members and two (2) alternate members. The membership of the audit commit- tee shall consist of five (5) village residents with educational and/or practical experience in the fields of finance or business. (b) Terms. The village council shall appoint the council member on an annual basis during April of each year to take effect the following May 1 of each. year. At the first appointment of the four (4) resident members, one (1) member shall be ap- pointed for a term of three (3) years; one (1) member shall be appointed for a term of two (2) years; and two (2) members shall be appointed for one (1) year. Thereafter, resident members shall be appointed for terms of three (3) years. Alter- nate members shall be appointed on the same day that regular members are appointed and on an annual basis during April of each year to take effect the following May 1 of each year and shall have the duty to sit for any regular member that is absent, including the member councilman. Al- ternate 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. 06-2004, § 2, 4-8-04; Ord. No. 01-2005, § 1, 1-27-05; Ord. No. 2007-10, § 1, 4-12-07) Sec. 2-53. Organization. At the first organizational meeting of the com- mittee, the members shall elect a chairman and vice chairman from among its members. Subse- quent to the initial organizational meeting where officers are elected, the members shall elect the officers from among its members at the first regular meeting in May of each year. The chair- man of the committee shall always be one of the village resident members. The presence of three (3) members shall constitute a quorum, and mo- tions shall be approved by a majority of members present. The members shall serve without com- pensation. All meetings of the audit committee § 2-53 NORTH PALM BEACH CODE shall be held at Village Hall, 501 U.S. Highway Sec. 2-56. Access to records. One, North Palm Beach, Florida, and shall be The audit committee shall have access to the open to members of the public. reports of any internal auditors, as well as access (Ord. No. 06-2004, § 3, 4-8-04) to any annual internal audit work plans. (Ord. No. 06-2004, § 6, 4-8-04) Sec. 2-54. Duties. The audit committee shall have the following duties and responsibilities: (1) The primary responsibility of the audit committee shall be to oversee and monitor the independent audits of the village's financial statements from the selection of the independent auditors to the resolu- tion of audit findings. (2) The audit committee shall facilitate com- munication between the village manager's office, the independent auditors and the village council. (3) The audit committee shall serve as an advisor to the village council and shall conduct financial studies and analyses as requested by the village council. (4) The audit committee shall present on an annual basis a written report to the vil- lage council which shall show how the committee has discharged its duties and met its responsibilities. The written re- port shall include its findings as to the independent audits of the village's finan- cial statements. (Ord. No. 06-2004, § 4, 4-8-04; Ord. No. 2007-10, § 2, 4-12-07) Sec. 2-55. Removal. If a member of the audit committee or a desig- nated alternate of the committee is absent from three (3) regularly scheduled meetings of the committee within any twelve -consecutive -month period without such absence being excused by majority vote of the committee, the chairman shall promptly notify the village council. The council may thereafter declare the member's of- fice vacant and promptly fill such vacancy for the unexpired term of office. (Ord. No. 06-2004, § 5, 4-8-04) Supp. No. 34 140 Sec. 2-57. Administrative services. The village manager shall provide administra- tive services to the audit committee, including personnel for the taking and transcribing of min- utes of audit committee meetings. (Ord. No. 06-2004, § 7, 4-8-04) Sec. 2-58. Reserved. DIVISION 3. DEPARTMENT OF FINANCE Sec. 2-59. Finance director; duties. The department of finance shall be headed by the finance director, who shall: (1) Prescribe form. Prescribe the form of ac- counts and reports to be rendered by him. (2) Budget duties. Prepare estimates of reve- nue, and shall give such other assistance in the preparation of the budget as may be required of him by the village manager. (3) Financial statements. Transmit to the vil- lage manager at least monthly state- ments of cash on hand and of classified unencumbered appropriation balances for the village as a whole, and such other financial statements as the manager may from time to time require. He shall keep all departments, boards, commissions or institutions currently informed of their classified unencumbered appropriation bal- ances. (4) Keep accounts. Keep all general accounts of the village government and of the re- spective departments, offices, boards, com- missions and institutions thereof. (5) Fiscal supervision over officers. Exercise general supervision over all officers of the village regarding the proper management of the fiscal concerns of their respective offices. Chapter 5 BOATS, DOCKS AND WATERWAYS* Article I. In General Sec. 5-1. Definitions. Sec. 5-2. Speed limit; wakes. Sec. 5-3. Swimming in restricted waters. Sec. 5-4. Exhibition boats exempted from certain restrictions. Sec. 5-5. Water skiing. Sec. 5-6. Disturbing other boats. Sec. 5-7. Use of searchlights. Sec. 5-8. Abandoned boats. Sec. 5-9. Mooring at private or public docks without permission. Sec. 5-10. Observance of village health and conduct rules. Sec. 5-11. Cleanliness of docks. Sec. 5-12. Refuse disposal. Sec. 5-13. Pollution of waterways. Sec. 5-14. Hours for running engines in residential districts. Sec. 5-15. Living aboard boats restricted. Sec. 5-16. Mooring limitations in waterways (private docks and piers). Sec. 5-17. Authority of village to board boats violating chapter. Sec. 5-18. Prohibition of floating structures. Sec. 5-19. Unlawfully anchored or moored vessels -Department of law enforcement to impound. Sec. 5-20. Same -Owner to be notified upon impoundment. Sec. 5-21. Same -Procedure in event owner cannot be found. Sec. 5-22. Same -Unclaimed vessel to be sold; certification of sale. Sec. 5-23. Same -Claiming of vessel of floating structure by owner; pay- ment of costs. Sec. 5-24. Same -Reclamation of owner after sale. Sec. 5-25. Occupancy of live aboard boats, floating structure or vessels in village waterways. Sec. 5-26. Reserved. Secs. 5-27-5-32. Reserved. Article II. Boat Launching Area Sec. 5-33. Designated; use restricted. Sec. 5-34. Repairs prohibited. Sec. 5-35. Vehicle/trailer parking in designated areas; permits required. Sec. 5-36. Abandoned boats and equipment -Disposition. Sec. 5-37. Same -Recovery. Sec. 5-38. Violation; penalty. Secs. 5-39-5-48. Reserved. Article III. Construction Requirements Division 1. Generally Secs. 5-49-5-55. Reserved. *Cross references -Bulkhead lines, Ch. 7; parks, playgrounds and recreation, Ch. 20. State law references -Beautification and improvement of waterways, F.S. § 342.03; Florida Vessel Registration and Safety Law, F.S. ch. 327. Supp. No. 69 319 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. 69 320 BOATS, DOCKS AND WATERWAYS conditions and safeguards, when made a part of the terms under which the vari- ance is granted, shall be deemed a viola- tion of the ordinance. "(c) The board of adjustment may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed or both." Public notice of all hearings conducted in accordance with this section shall be provided as required by section 21-3 of this Code. (Ord. No. 1-82, § 1, 1-28-82; Ord. No. 28-98, § 4, 12-10-98; Ord. No. 2009-16, § 3, 11-12-09) Secs. 5-87-5-92. Reserved. DIVISION 5. EROSION CONTROL STRUCTURES* Sec. 5-93. Definition. As used in this division, "erosion control structures" shall mean seawalls and/or groins designed to control and prevent erosion of exist- ing land masses which lie outside established bulkhead lines or property lines in waterways, lakes, rivers, lagoons or other bodies of water in the village. (Code 1970, § 11-40; Ord. No. 4-74, § 2) Cross reference—Rules of construction and definitions generally, § 1-2. Sec. 5-94. When permitted. Erosion control structures shall be permitted to be constructed in the village only where land masses exist waterward of any property line or bulkhead line in the village and within the rights-of-way of any waterway, lake, river, lagoon or other body of water in the village other than the Atlantic Ocean. Erosion control structures shall be permitted when the village engineer and village council determine that such structure is necessary to prevent a land mass as described above from eroding into the adjacent body of water. (Code 1970, § 11-40; Ord. No. 4-74, § 2) *Cross reference—Coastal construction code, § 6-151 et seq. Supp. No. 69 335 Sec. 5-95. Construction. § 5-101 Construction plans and location of erosion control structures shall be prepared by a Florida registered engineer and be approved by the village engineer. Prior to a permit being issued, permits shall also be obtained from any other authority having a legal interest in the waterway, lake, river, lagoon or other body of water involved. (Code 1970, § 11-40; Ord. No. 4-74, § 2) Sec. 5-96. Control. Every erosion control structure shall be owned and maintained by the village and shall be altered or removed under the authority and decision of the village council. Erosion control structures may be constructed by upland landown- ers under the supervision of the building official of the village. All erosion control structures shall meet the minimum design requirements set forth in this chapter, including permits, fees, surety bonds, minimum design requirements and other regulations. (Code 1970, § 11-40; Ord. No. 4-74, § 2) Secs. 5-97-5-100. Reserved. ARTICLE IV. MARINE SANCTUARIESt Sec. 5-101. Designation of waters as marine sanctuaries. (a) Definition. Marine sanctuary is defined as those areas within the village where the tide ebbs and flows including, but not limited to, Lake Worth, the Intracoastal Waterway and other water areas throughout the village which under normal circumstances support vegetation typically adapted for life in the water and for the preservation and growth of fish breeding, recreation and aesthetic areas. (b) Areas designated. The village nominates all water areas within its corporate limits, and, in particular, Lake Worth and the Intracoastal 'Editor's note—Ord. No. 18-79, § 1, adopted Sept. 13, 1979, amended the Code by adding § 7-25. However, for purposes of classification, the new provisions have been redesignated as Ch. 5, Art. IV, § 5-101, at the editor's discretion. § 5-101 NORTH PALM BEACH CODE Waterway, to be designated as "a marine and wildlife sanctuary" as provided for under Title III of the Marine Protection, Research and Sanctuaries Act of 1972. The village clerk is hereby directed to request the secretary of com- merce to so designate those portions of North Palm Beach to be marine sanctuaries. (c) Area to be regulated. The village hereby declares the waters of Lake Worth and the Intracoastal Waterway within its municipal boundaries to be a marine sanctuary in accordance with its findings that these waters support substantial fish breeding and are one of the last known fish breeding areas in Lake Worth, and contain therein unique mangrove species, mud flats and other areas conducive to fish breeding and ecological conservation of marine life. Further, that such areas are necessary to be conserved for their ecological purposes, as well as for the substantial recreational purposes of fishing and boating which occur thereon, as well as for the aesthetic value of the substantial expanse of water, together with the marine life, mangroves and foliage connected therewith. Accordingly, the village council hereby undertakes to regulate water areas, mangrove areas and other fish breeding and recreation areas within the village to the extent that such regulations do not conflict with either state or federal law, and no disturbance of existing areas within the village where the tide ebbs and flows may occur without the specific authorization, permit and license of the village, after due notice and hearing as to the ecological, conservation, recreation and aesthetic affect upon these areas shall be had. (d) Construction of section. The terms of this section shall be in addition to any other terms set forth in this Code which are concerned with applications for dredge and fill permits, applica- tions for building, setback applications, etc., and shall not be considered to be in lieu of any requirements contained in the village Code. (Ord. No. 18-79, § 1, 9-13-79) Cross reference—Filling permits, §§ 7-16-7-20. Supp. No. 69 336 ARTICLE V. WATERWAYS BOARD Sec. 5-102. Created. A waterways board (hereinafter referred as the "board") for the village is hereby created. (Ord. No. 18-2004, § 1, 7-22-04) Sec. 5-103. Composition; terms; vacancies. (a) Composition. The waterways board shall consist of five (5) members and two (2) alternate members who shall be village residents. (b) Terms. At the first appointment of the five (5) members, one (1) member shall be appointed for a term of one (1) year; two (2) members shall be appointed for a term of two (2) years; and two (2) members shall be appointed for a term of three (3) years. Thereafter, resident members shall be appointed for terms of three (3) years. The terms of all members appointed subsequent to November 1, 2005, that have terms ending in November shall be shortened to April 30 of the last year of the appointed term; thereafter, terms of all members shall expire on April 30. Alternate members shall be appointed on the same day that regular members are appointed and on an annual basis during April of each year to take effect the following May 1 of each year and shall have the duty to sit for any regular member that is absent. Alternate members shall be appointed as first alternate and second alternate and shall serve in that order when required. The members shall serve at the pleasure of the village council. (c) Vacancies. An appointment to fill any vacancy shall be for the remainder of the unexpired term of office. (Ord. No. 18-2004, § 1, 7-22-04; Ord. No. 2006- 09, § 1, 6-22-06) Sec. 5-104. Organization. At the first organizational meeting of the board, the members shall elect a chairman and vice chairman from among its members. Subsequent to the initial organizational meeting where officers are elected, the members shall elect the officers from among its members at the first regular meeting in may of each year. The presence of three (3) members shall constitute a % BOATS, DOCKS AND WATERWAYS § 5-106 quorum, and motions shall be approved by a majority of members present. The members shall serve without compensation. All meetings of the waterways board shall be held at Village Hall, 501 U.S. Highway One, North Palm Beach, Florida, and shall be open to members of the public. (Ord. No. 18-2004, § 1, 7-22-04) Sec. 5-105. Duties. The waterways board shall have the following missions and responsibilities: (1) The mission of the waterways board is to ensure that the waterways located within the Village of North Palm Beach and the marina located at Anchorage Park are maintained, operated and improved to provide the safest, most efficient, economi- cal and environmentally -sound water transportation route in the village and to provide sound use of village waterways that serve business, commercial fisheries and recreation. (2) The board shall identify, analyze, address and publicize issues that affect the vil- lage waterways, village citizens and users. (3) The board shall endeavor to build a growing community of support through education of its members, prospective members, community groups and relevant government officials. (4) The board shall make recommendations to the village council as to recommended improvements and establishment of poli- cies. (Ord. No. 18-2004, § 1, 7-22-04) Sec. 5-106. Removal. If a member of the waterways board or a designated alternate of the board is absent from three (3) regularly -scheduled meetings of the board within any twelve (12) consecutive month period without such absence being excused by majority vote of the board, the chairman shall promptly notify the village council. The council Supp. No. 69 337 may thereafter declare the member's office vacant and promptly fill such vacancy for the unexpired term of office. (Ord. No. 18-2004, § 1, 7-22-04) [The next page is 3811 Chapter 6 BUILDINGS AND BUILDING REGULATIONS* Article I. In General Sec. 6-1. Construction on public land prohibited. Sec. 6-2. Reserved. Sec. 6-3. Reserved. Sec. 6-4. Reserved. Secs. 6-5-6-15. Reserved. Article II. Minimum Construction Standards Sec. 6-16. Authority. Sec. 6-17. Codes adopted. Sec. 6-18. Construction board of adjustment and appeals. Sec. 6-19. Violations; penalty. Sec. 6-20. Reserved. Sec. 6-21. Technical amendments to the Florida Building Code, Residential. Secs. 6-22-6-29. Reserved. Article III. Appearance Code Division 2. Reserved Secs. 6-43-6-55. Reserved. Division 1. Generally r Sec. 6-30. Short title. Sec. 6-31. Definition. Sec. 6-32. Intent and purposes. Sec. 6-33. Appearance plan. Sec. 6-34. Reserved. Sec. 6-35. Appeals and review. Sec. 6-36. Powers and duties of planning commission concerning the appearance code. Secs. 6-37-6-42. Reserved. Division 2. Reserved Secs. 6-43-6-55. Reserved. Article IV. Abatement of Unsafe or Unsanitary Buildings Sec. 6-72. Purpose and scope. *Cross references -Construction requirements for waterway related structures, § 5-49 et seq.; enforcement of Ch. 6 by code enforcement board, § 2-171 et seq.; bulkhead lines, Ch. 7; electricity, Ch. 11; fire prevention and protection, Ch. 12; flood damage prevention, Ch. 12.5; housing, Ch. 15; permissible times for construction activity, § 19-111; planning and development, Ch. 21; streets, sidewalks and public places, Ch. 24; swimming pools, Ch. 25; use of rights-of-way for utilities, Ch. 28; appearance plan, App. A; subdivision regulations, App. B; zoning regulations, App. C. Supp. No. 66 381 Division 3. Certificate of Appropriateness Sec. 6-56. Preliminary consideration. Sec. 6-57. Final hearings. Sec. 6-58. Action of planning commission. Sec. 6-59. Approval by planning commission. Sec. 6-60. Follow-up by community development department. Secs. 6-61-6-71. Reserved. Article IV. Abatement of Unsafe or Unsanitary Buildings Sec. 6-72. Purpose and scope. *Cross references -Construction requirements for waterway related structures, § 5-49 et seq.; enforcement of Ch. 6 by code enforcement board, § 2-171 et seq.; bulkhead lines, Ch. 7; electricity, Ch. 11; fire prevention and protection, Ch. 12; flood damage prevention, Ch. 12.5; housing, Ch. 15; permissible times for construction activity, § 19-111; planning and development, Ch. 21; streets, sidewalks and public places, Ch. 24; swimming pools, Ch. 25; use of rights-of-way for utilities, Ch. 28; appearance plan, App. A; subdivision regulations, App. B; zoning regulations, App. C. Supp. No. 66 381 NORTH PALM BEACH CODE Sec. 6-73. Unsafe or unsanitary buildings and structures. Sec. 6-74. Enforcement and right of entry. Sec. 6-75. Inspection. Sec. 6-76. Violations. Sec. 6-77. Service of notice of violation. Sec. 6-78. Placard posting. Sec. 6-79. Hearing. Sec. 6-80. Implementation. Sec. 6-81. Appeal. Sec. 6-82. Performance of work. Sec. 6-83. Recovery of costs. Sec. 6-84. Imposition of lien. Sec. 6-85. Authority to expend funds. Sec. 6-86. Provisions supplemental. Secs. 6-87-6-109. Reserved. Article V. Signs and Outdoor Displays Sec. 6-110. Purpose and scope of regulations. Sec. 6-111. General provisions. Sec. 6-112. Exempt signs. Sec. 6-113. Prohibited signs. Sec. 6-114. Permitted temporary signs. Sec. 6-115. Permitted permanent accessory signs. Sec. 6-116. Measurement determinations. Sec. 6-117. Design, construction, and location standards. Sec. 6-118. Severabilityy, Secs. 6-119-6-149. Reserved. Article VI. Reserved Article VII. Reserved Supp. No. 66 382 BUILDINGS AND BUILDING REGULATIONS ARTICLE I. IN GENERAL Sec. 6-1. Construction on public land pro- hibited. § 6-18 the Standard Building Code, 1985 edition and the county amendments, and derived from Code 1970, §§ 6-11 and 6-12, and the following ordinances: Ord. No. Date Section It shall be unlawful for any person to erect or 7-72 2 maintain, or to permit the erection or mainte- 16-72 10-75 7-10-75 1 1,2 nance of any structure of any kind, including a 9-78 5-25-78 1,2 wall upon, across, over or under any portion of 3-80 2-14-80 1 any publicly dedicated utility or drainage ease- 25-80 10- 9-80 1,2 ment area in the village. 17-82 9-23-82 112-83 8-25-83 1,2 (Code 1970, § 6-1) 16-86 11-13-86 1,2 Sec. 6-2. Reserved. Editor's note -Ord. No. 05-2002, § 3, adopted Feb. 28, 2002, repealed § 6-2, in its entirety. Former § 6-2 pertained to accessibility to buildings by handicapped persons; state law adopted which was incorporated by reference and derived from the Code 1970. Sec. 6-3. Reserved. Editor's note -Ord. No. 05-2002, § 4, adopted Feb. 28, 2002, repealed § 6-3, in its entirety. Former § 6-3 pertained to fire district and derived from the Code 1970, § 16-23; and Ord. No. 12-72, § 1. Sec. 6-4. Reserved. Editor's note -Pursuant to advice of the city, and at the editor's discretion, Ord. No. 2-83, adopted Feb. 10, 1983, codified as Ch. 12.5 of this Code, has been treated as super- seding former § 6-4 relative to duties of the building official concerning flood management building requirements. Such section derived from Ord. No. 7-77, § 1, adopted April 28, 1977 and Ord. No. 19-78, § 1, adopted July 27, 1978. Secs. 6-5-6-15. Reserved. ARTICLE II. MINIMUM CONSTRUCTION STANDARDS Sec. 6-16. Authority. This article is promulgated in accordance with F.S. chapter 553. (Ord. No. 4-90, § 1, 3-8-90; Ord. No. 05-2002, § 1, 2-28-02) Editor's note -The provisions of §§ 6-16 and 6-17 were deleted as being superseded by the provisions of §§ 1, 2 of Ord. No. 4-90, adopted Mar. 8, 1990, included herein as new §§ 6-16 and 6-17. The deleted provisions pertained to the adoption of Supp. No. 53 383 Sec. 6-17. Codes adopted. The Florida Building Code, as developed by the Florida Building Commission and adopted by state statute, is hereby adopted and incorporated herein as the minimum construction standards for the Village of North Palm Beach, Florida. The department of community development shall be substituted for building department in the ad- opted code. (Ord. No. 4-90, § 2, 3-8-90; Ord. No. 14-92, § 2, 9-10-92; Ord. No. 15-96, § 2, 4-25-96; Ord. No. 7-99, § 1, 1-28-99; Ord. No. 05-2002, § 2, 2-28-02; Ord. No. 13-2002, § 1, 5-9-02; Ord. No. 25-2003, § 1, 9-25-03; Ord. No. 2006-24, § 2.C.1, 11-9-06; Ord. No. 2007-03, § 2, 2-8-07; Ord. No. 2012-02, § 2,3-8-12) Editor's note -The various codes adopted above in § 6-17, and amendments thereto, are not set out at length in this Code but are on file and available for inspection in the offices of the city. Note -See the editor's note following § 6-16. Cross references -Florida Fire prevention code adopted, § 12-16; housing code adopted, § 15-1. Sec. 6-18. Construction board of adjustment and appeals. (a) Appointment. There is hereby established a construction board of adjustment and appeals, which shall consist of seven (7) members and two (2) alternate members appointed by the village council. (b) Membership. To the extent possible, the board's membership shall be composed of individ- uals with knowledge and experience in the tech- nical codes and shall include an architect, an § 6-18 NORTH PALM BEACH CODE engineer, a general contractor, an electrical con- tractor, an HVAC contractor, a plumbing contrac- tor, and any other licensed contractor category. (c) Terms. The term of office of the board mem- bers shall be three (3) years. The alternate mem- bers, if appointed, shall serve one-year terms. (d) Quorum and voting. A simple majority of the board shall constitute a quorum. Notwith- standing the foregoing, any variance to the build- ing code requirements shall require three (3) affirmative votes and any modification to the decision of the building official shall require four (4) affirmative votes. (e) Secretary to the board. The building official or the building official's designee shall act ..as secretary to the board. (i) Powers. The board shall have the power to hear appeals of decisions and interpretations of the building official and consider variances to the building code. (1) Appeals. The owner of a building, struc- ture or service system, or the owner's duly authorized agent, may appeal a decision of the building official to the board when- ever any one of the following conditions are claimed to exist: a. The building official rejected or re- fused to approve the mode or man- ner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service sys- tem; b. The provisions of the building code do not apply to a specific case; C. An equally good or more desirable form of installation can be employed in a specific case; or d. The true intent and meaning of the building code have been miscon- strued or incorrectly interpreted. A notice of appeal shall be filed in writing with the community development depart- ment within thirty (30) calendar days after the building official renders his or her decision. If the appeal involves a build- Supp. No. 53 384 ing, structure or service system that, in the opinion of the building official, is un- safe, unsanitary or dangerous, the build- ing official may shorten the time in which an appeal may be filed. In no event shall such appeal period be less than five (5) calendar days. (2) Variances. The board shall have the power to vary the application of the building code to any particular case if the board determines that the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of the building code, and also finds that each of the following criteria are met: a. That special conditions and circum- stances exist which are peculiar to the building, structure or service sys- tem involved and which are not ap- plicable to others; b. That the special conditions and cir- cumstances do not result from the action or inaction of the applicant; C. That granting the variance request will not confer on the applicant any special privilege that is denied by the code to other buildings, struc- tures or service system; d. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service sys- tem; and e. That the grant of the variance will be in harmony with the general in- tent and purpose of the code and will not be detrimental to the public health, safety and general welfare. In granting a variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or com- pleted or both. In addition, the board may prescribe appropriate conditions and safe- guards in conformity with this code. Vio- lation of the conditions of a variance shall l BUILDINGS AND BUILDING REGULATIONS § 6-21 be deemed a violation of the building code and Sec. 6-21. Technical amendments to the shall be subject to code enforcement proceedings. Florida Building Code, (g) Procedures. Residential. (1) The board shall meet as necessary to R322.2.1 Elevation requirements. consider appeals of the decisions and 1. Buildings and structures in flood hazard interpretations of the building official areas not designated as Coastal A Zones and consider variances to the building shall have the lowest floors elevated to or code. above the base flood elevation plus 1 foot (2) The board's decision shall be set forth in or the design flood elevation, whichever a written order. An order involving the is higher. building official's interpretation of the 2. Buildings and structures in flood hazard building code shall be reviewed utilizing areas designated as Coastal A Zones the procedure set forth in F.S. § 553.775, shall have the lowest floors elevated to or as amended. All other orders entered by above the base flood elevation plus 1 foot the board shall be appealed through the (305 mm), or to the design flood eleva- filing of a petition for writ of certiorari in tion, whichever is higher. the circuit court within thirty (30) days after rendition of the order. Such an 3. In areas of shallow flooding (AO Zones), appeal shall not be a hearing de novo, buildings and structures shall have the but shall be limited to appellate review of lowest floor (including basement) elevated the record created before the board. at least as high above the highest adjacent (Ord. No. 2012-02, § 2, 3-8-12) grade as the depth number specified in feet on the FIRM plus 1 foot, or at least 3 Sec. 6-19. Violations; penalty. feet if a depth number is not specified. Any person, firm or corporation who shall 4. Basement floors that are below grade on violate a provision of this article, or fail to all sides shall be elevated to or above the comply therewith, or with any of the require- base flood elevation plus 1 foot or the ments thereof, shall be guilty of a misdemeanor. design flood elevation, whichever is higher. Each such person shall be deemed guilty of a Exception: Enclosed areas below the design separate offense for each and every day or flood elevation, including basements whose floors portion thereof during which any violation of any are not below grade on all sides, shall meet the of the provisions of this article is committed or requirements of Section R322.2.2. continued and, upon conviction of any such violation, such person shall be punished by a fine R322.3.2 Elevation requirements. of not less than fifty dollars ($50.00) nor more 1. All buildings and structures erected within than five hundred dollars ($500.00), or by coastal high -hazard areas shall be elevated imprisonment not exceeding six (6) months, or so that the lowest portion of all structural by both such fine and imprisonment. members supporting the lowest floor, with (Ord. No. 25-80, § 3, 10-9-80; Ord. No. 12-83, § 3, the exception of piling, pile caps, columns, 8-25-83) grade beams and bracing' is elevated to Editor's note—Ordinance No. 25-80, § 3, adopted Oct. 9, or above the base flood elevation plus 1 1980, was nonamendatory of the Code; hence, its inclusion as § 6-19 was at the editor's discretion. foot or the design flood elevation, whichever is higher. Sec. 6-20. Reserved. 2. Basement floors that are below grade on Editor's note—Section 3 of Ord. No. 14-92, adopted all sides are prohibited. Sept. 10, 1992, repealed former § 6-20, relative to amend- ments to the Standard Plumbing Code, which derived from 3. The use of fill for structural support is Ord. No. 20-91, § 1, adopted May 23, 1991. prohibited. Supp. No. 66 385 § 6-21 NORTH PALM BEACH CODE 4. Minor grading, and the placement of minor quantities of fill, shall be permit- ted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways. Exception: Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections R322.3.4 and R322.3.5. (Ord. No. 2017-11, § 3, 8-24-17) Secs. 6-22-6-29. Reserved. ARTICLE III. APPEARANCE CODE* DIVISION 1. GENERALLY Sec. 6-30. Short title. This article, including any regulation hereafter adopted, shall hereafter be known, cited and referred to as the "Appearance Code." (Code 1970, § 6-21) Sec. 6-31. Definition. The term "external architectural feature" is defined to mean the architectural style and general arrangement of such portion of a build- ing or structure as is designed to be open to view from a public street, place or way, or from adjoining premises. (Code 1970, § 6-39; Ord. No. 4-71, § 1; Ord. No. 2-72, § 1) Cross reference—Rules of construction and definitions generally, § 1-2. Sec. 6-32. Intent and purposes. This appearance code is adopted for the follow- ing purposes: (1) To promote the public health, safety, morals, comfort and general welfare of the citizens of the village. *Editor's note—Ordinance No. 6-77, § 5, enacted April 28, 1977, adopted §§ 6-30-6-36, 6-56-6-60, concerning the appearance code, as part of the comprehensive plan for the village. Ord. No. 4-79, adopted March 8, 1979, removed the appearance code from the comprehensive plan. Cross references—Planning and development, Ch. 21; appearance plan, App. A. Supp. No. 66 386 (2) To enhance the values of property throughout the village. (3) To protect and to stabilize the general appearance of buildings, structures, landscaping and open areas, in the multiple dwelling, commercial and public zoning districts of the village. (4) To insure adequate light, air and privacy for property in the multiple dwelling, commercial and public zoning districts of the village. (5) To encourage and promote acceptability, attractiveness, cohesiveness and compat- ibility of new buildings, developments, remodeling and additions so as to maintain and improve the established standards of property values within the multiple -dwelling, commercial and public zoning districts of the village. (Code 1970, § 6-22) Sec. 6-33. Appearance plan. The village hereby adopts by reference thereto the appearance plan attached as exhibit A to Ordinance No. 3-72 of the village. The appear- ance plan is set forth at length in Appendix A of this Code. (Code 1970, § 6-40; Ord. No. 3-72, § 1) Sec. 6-34. Reserved. Editor's note Ordinance No. 4-79, § 1, adopted March 8, 1979, amended Ord. No. 6-77, § 5, enacted April 28, 1977, to repeal §§ 6-29-6-32 of the 1970 Code, of which §§ 6-30, 6-32 were codified as § 6-34 of this Code. Former § 6-34 pertained to amendments of the appearance plan. Sec. 6-35. Appeals and review. The applicant or any interested party may file an appeal to the village council on any ruling by the planning commission made pursuant to this article. An appeal shall be on forms provided by the village. The appeal shall be filed or made within ten (10) days after decision of the plan- ning commission. Appeals shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in this article or standards set forth in or pursuant to this article. The village council shall decide an appeal within BUILDINGS AND BUILDING REGULATIONS § 6-42 thirty (30) days of the filing of such appeal Secs. 6-37-6-42. Reserved. unless an extension of time is consented to by the applicant, and such filing shall suspend any building permit issued pursuant to the ruling of the planning commission until the village council has decided the appeal. The village council may review any decision of the planning commission and their disposition of the matter shall be final. (Code 1970, § 6-37; Ord. No. 6-77, § 5, 4-28-77) Sec. 6-36. Powers and duties of planning commission concerning the appearance code. The planning commission shall have the fol- lowing powers and duties: (1) To hold public hearings on and make recommendations for amendments to the appearance plan. (2) To consult with and cooperate with the planning and zoning advisory board, the beautification committee and other vil- lage departments, and any other municipal or governmental bodies on mat- ters affecting the appearance of the vil- lage. (3) To study exterior design drawings, landscape and site plans and materials for any proposed public works or public improvements and to make recommenda- tions to the council or village manager as to the architectural or aesthetic aspects thereof. (4) To study and review preliminary and final plats and make recommendations to the planning and zoning advisory board and the village council. (5) To hold hearings, when required, on the issuance of certificates of appropriate- ness as provided in section 6-59, in con- nection with questions pertaining to applications for building permits and to issue or deny such certificates pursuant to the provisions of such section 6-59. (Code 1970, § 6-28; Ord. No. 6-77, § 5, 4-28-77) Editor's note—Section 6-48 has been redesignated as § 6-36 at the editor's discretion for purposes of classification. Cross reference—Planning commission, § 21-11. Supp. No. 66 386.1 COUNTRY CLUB § 9-2 ARTICLE I. IN GENERAL Sec. 9-1. Premises—General regulations. No person, other than village employees or persons authorized by the village, on the premises of the North Palm Beach Country Club, including the North Palm Beach Country Club Golf Course, tennis club and tennis facilities, driving range, swimming pool area, dining room, bar, winter club facilities and all other premises included within the property acquired by the village as part of the North Palm Beach Country Club, both under the original purchase and under the option by which it acquired the tennis club area, shall: (1) Disfiguration and/or removal of building and other property. a. Willfully mark, deface, disfigure, in- jure, tamper with or displace or re- move any building, paving or paving materials, lawn, sod, water line or other public utilities, parts of appur- tenances thereof, signs, notices or placards, whether temporary or per- manent, or any other structures, equipment, facilities or country club property or appurtenances thereto, either real or personal. b. Dig or remove or disfigure any of the tee areas, fairways, greens or rough on the North Palm Beach Country Club Golf Course. C. Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant. Nor shall any person attach any rope, wire or any contrivance to any tree or plant. A person shall not dig in or otherwise disturb grassy areas or in any other way injure or impair the natural beauty or usefulness of any area. (2) Hours. Be physically present on: a. The golf course at the Village of North Palm Beach Country Club, including all tees, fairways, greens Supp. No. 52 561 and rough areas during the period from one (1) hour after sunset to one (1) hour before sunrise each day. b. Other areas at the North Palm Beach Country Club, including the club- house, tennis facilities, swimming pool area and winter club except during daylight hours and during the hours of one (1) hour after sunset and one (1) hour before sunrise as the premises are lighted and use thereof has been expressly approved by the village for the country club restaurant, bar facilities, swimming pool area, tennis courts, golf course, driving range and the winter club. The opening and closing hours for such latter areas shall be posted at the main entrance to the facilities for public information. One (1) hour after sunset and one (1) hour before sunrise, all portions of the North Palm Beach Country Club which are not lighted and permitted for use as described above shall be closed to the public, and no person or persons shall walk or be upon any portion of the country club premises which is closed to the public during those hours. (Ord. No. 5-80, § 1, 3-13-80) Editor's note—Ordinance No. 5-80, § 1, adopted Mar. 13, 1980, amended the Code with the addition of a new § 9-21. However, in order to maintain Code format, the editor has redesignated the provisions as § 9-1. Sec. 9-2. Same—Signs; enforcement; penal- ties. (a) The village manager shall place appropri- ate signs advising the public of the closing of country club facilities at each entrance to the North Palm Beach Country Club and at each of the North Palm Beach Country Club facilities main entrances. (b) All employees at the North Palm Beach Country Club and the village's police department shall, in connection with their duties imposed by law, diligently enforce the provisions of section 9-1 and 9-2. The All persons employed at the § 9-2 NORTH PALM BEACH CODE North Palm Beach Country Club shall have the authority to reject from the country club premises any person acting in violation of sections 9-1 and 9-2. The North Palm Beach Police Department and any North Palm Beach law enforcement officer shall have the authority to enforce sections 9-1 and 9-2 and to arrest any person trespassing upon the country club property in violation of the hours of use and other provisions of sections 9-1 and 9-2. (c) Penalties. Violation of any provision of this Code section shall be punished as provided in section 1-8 of this Code. (Ord. No. 5-80, § 2, 3-13-80; Ord. No. 2011-21, § 9, 11-10-11) Editor's note -Ordinance No. 5-80, § 2, adopted Mar. 13, 1980, amended the Code with the addition of a new § 9-22. At the editor's discretion, in order to maintain Code format, the provisions have been redesignated as § 9-2. Secs. 9-3-9-15. Reserved. ARTICLE II. GOLF ADVISORY BOARD* Sec. 9-16. Creation. The village council hereby creates a golf advi- sory board to serve in an advisory capacity. Un- less otherwise provided in this section, the advi- sory board shall operate in accordance with section 2-1 of this Code. (Ord. No. 2007-20, § 3, 12-13-07) Sec. 9-17. Composition and terms. (a) Composition. The village council shall ap- point five (5) regular members and two (2) alter- nate members to serve on the advisory board. The council shall appoint one (1) regular advisory board member from the village men's golf associ- *Editor's note -Ord. No. 2007-20, §§ 2, 3, adopted Dec. 13, 2007, repealed the former Art. II, §§ 9-16-9-21, and enacted a new Art. II as set out herein. The former Art. II pertained to similar subject matter and derived from Ord. No. 39-90, §§ 1-5, 7, adopted Nov 19, 1990; Ord. No. 33-91, § 1, adopted Oct. 24, 1991; Ord. No. 18-93, §§ 1, 2, adopted July 22, 1993; Ord. No. 43-97, § 1, adopted Oct. 9,1997; Ord. No. 23-98, § 1, adopted Sept. 24, 1998; Ord. No. 4-99, §§ 1-7, adopted Jan. 28, 1999; Ord. No. 12-2001, § 1, adopted May 10, 2001; Ord. No. 18-2001, § 2, June 28, 2001; Ord. No. 20-2002, § 1, June 13, 2002. Supp. No. 52 562 ation and one (1) regular advisory board member from the village women's golf association, each of whom shall be golf members of the country club. Each association shall recommend a person to serve as its representative on the board; however, such recommendation shall not be binding on the council. If no association member wishes to serve in this capacity, the association members may be replaced with golf members of the country club. As to the remaining three (3) regular advisory board members, one (1) shall be a resident golf member of the country club and one (1) shall be either a resident or non-resident golf member of the country club. There is no membership or residency requirement for the third regular mem- ber. Each of the alternate board members shall be golf members. (b) Terms. (1) Upon initial appointment of the advisory board members, the two (2) association representatives shall serve until April 30, 2009. Thereafter, these members shall serve terms of one (1) year. (2) Upon initial appointment of the advisory board members, the three (3) remaining regular members shall serve until April 30, 2010. Thereafter, these members shall serve terms of two (2) years. (3) Upon initial appointment of the advisory board members, the two (2) alternate mem- bers shall serve until April 30, 2009. There- after, these members shall serve terms of one (1) year. (4) Any appointment to fill any vacancy of a advisory board member shall be for the remainder of the unexpired term. (c) Officers. At the first organizational meet- ing, the advisory board shall elect a chairperson, vice -chairperson and a secretary from among its members to serve until May 2009. Thereafter, officers shall be selected as provided in subsection 2-10) of this Code. (Ord. No. 2007-20, § 3, 12-13-07; Ord. No. 2009- 03, § 2, 1-22-09) Chapter 16 LIBRARY* Art. I. In General, §§ 16-1-16-16 Art. H. Library Board, §§ 16-16-16.24 *Cross reference—Administrative code provisions on department of library, § 2-93 et seq, 997 LIBRARY § 16-22 ARTICLE I. IN GENERAL Sec. 16-1. Unlawful to damage property. No person shall trespass, cause injury to, or destroy any library grounds, rooms, books or other property constituting a part of the munici- pal library system of the village or violate any of the bylaws or regulations adopted by the library board and approved by the village council relative to operation of such municipal library system. i Code 1970, § 19.5-1) Secs. 16-2-16-15. Reserved. ARTICLE II. LIBRARY BOARD Sec. 16-16. Established. There is hereby established a library board for the village. (Code 1970, § 19.5-11) Sec. 16-17. Composition; appointment; term of office. (1) The library board shall consist of five (5) members and two (2) alternates who shall be appointed by the village council. Upon the effec- tive date of this ordinance, the three (3) members then serving on the board and whose term expires April 30, 1996, and the two (2) members then serving on the board and whose term expires April 30, 1997, shall continue and not be affected by this ordinance. Thereafter, regular members of the board shall be appointed -fora -term of two (2) years or until their successors have been ap- pointed and qualified. (2) The two (2) alternates shall each serve one (1) year terms. Alternate members of the board shall be appointed on the same day that regular members are appointed. Alternate members shall be appointed as first alternate and second alter- nate and shall serve in that order when required. (Code 1970, §'19.5-12; Ord. No. 16-95, § 1, 6-22- 95) Supp. No. 22 Sec. 16-18. Vacancies. In the case of vacancy on the library board by resignation, removal or otherwise, the village council shall fill such vacancy for the unexpired term. (Code 1970, § 19.5-13) Sec. 16-19. Qualifications. - Members of the library board shall be residents of the village; however, neither the mayor nor any member of the village council shall be eligible to be a member of the board. (Code 1970, § 19.5-14) Sec. 16-20. Service without compensation. No member of the library board shall receive any pay or compensation for any services ren- dered as a member of such board. (Code 1970, § 19.5-15) Sec. 16-21. Organization. The members of the library board shall, imme- diately after their appointment, meet and orga- nize by electing one (1) of their members as chairman and such other officers as the board may deem necessary. Three (3) members of the board shall constitute a quorum. The board may make and adopt such bylaws, rules and regula- tions for their own guidance and for the govern- ment and operation of any municipal library and reading room in the village as they may deem expedient, subject to the approval, supervision and control of the village council and not incon- sistent with law. (Code 1970, § 19.5-16) Sec. 16-22. Powers and duties. (1) The board shall serve in an advisory capac- ity to the village council and make recommenda- tions as to present and future activities, planning, programs, capital improvements and facilities and other matters relating to the overall function and operation of the" municipal library of the village.. The board is not charged with the duty of ascer- taining costs or method of implementation of their proposed plans; however, the board should consider the needs of all residents of the village. § 16-22 NORTH PALM BEACH CODE The board shall have the power to call upon the village manager, or his designee, for information and advice. The board's recommendations to the village council shall be in writing and shall state the basis or reasons for such recommendations. (2) The board shall also perform any other duties which may be assigned to it by the village council and the board shall act within thirty (30) days of the date of reference, unless the village council otherwise states. (Code 1970, § 19.5-17; Ord. No. 2-94, § 1, 2-10-94) Sec. 16-23. Meetings. The board shall meet and shall schedule a regular meeting at least once per month. In addition, the chairman may call special meetings and special meetings may be called by written notice signed by at least three (3) members of the board. Minutes shall be kept of all meetings. Notice of all meetings shall be posted in accor- dance with the procedures established by the village council. All meetings shall be open to the public. The board shall enact or adopt rules for the conduct of its meeting. All members shall be apprised of the applicability of the "Sunshine Law" to the board and its members. (Code 1970, § 19.5-18; Ord. No. 2-94, § 2, 2-10-94) Sec. 16-24. Removal from office. If a member of the advisory board or a desig- nated alternate of the board is absent from three (3) regularly -scheduled meetings of the board within any twelve (12) consecutive month period without such absence being excused by majority vote of the board, the chairman of the board shall promptly notify the village council. The council may thereafter declare the member's office vacant and promptly fill such vacancy for the unexpired term of office. (Code 1970, § 19.5-19; Ord. No. 18-2001, § 3, 6-28-01) Supp. No. 22 1000 [rhe next page is 105 1] Chapter 17 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS* Article I. In General Sec. 17-1. Cable television rate regulation. Sec. 17-2. Customer service requirements and performance standards. Sec. 17-3. Home occupations. Secs. 17-4-17-15. Reserved. Article II. Local Business Tag Sec. 17-16. Business tax imposed; basis of one year. Sec. 17-17. Registration required. Sec. 17-18. Application for business tax receipt. Sec. 17-19. Issuance of receipt; duration; half-year receipt; when due and payable. Sec. 17-20. Business tax receipt renewal; delinquency penalty. Sec. 17-21. How tax construed as to specified professions. Sec. 17-22. Special permit for nonprofit enterprise. Sec. 17-23. Declaration where fee depends on variable factors within appli- cant's knowledge. Sec. 17-24. Transfer of receipt to new owner. Sec. 17-25. Transfer of receipts to new location. Sec. 17-26. Receipt to be posted or carried. Sec. 17-27. Duplicate receipts. Sec. 17-28. Doing business not covered by receipt; receipt obtained by false statements void ab initio. Sec. 17-29. Compliance by principal deemed compliance by agent; noncom- pliance of principal. Sec. 17-30. Suspension or revocation of receipt; refund of fee. Sec. 17-31. Business tax exemptions. Sec. 17-32. Engaging in business without receipt or under receipt issued on false statements. Sec. 17-33. Business tax schedule. Sec. 17-33.1. Marking of commercial vehicles. Article III. Businesses Located Outside Village Limits Sec. 17-34. Certificate of business regulation required; basis of one year. Sec. 17-34.1. Registration required. Sec. 17-34.2. Application for certificate of regulation. Sec. 17-34.3. Issuance of certificate of regulation; duration; half-year certifi- cate; when due and payable. Sec. 17-34.4. Certificate of regulation renewal; delinquency penalty. *Editor's note—Ordinance No. 7-81, § 1, adopted July 23, 1981, amended the occupational license provisions, formerly codified in Art. II, §§ 17-16-17-28, to be set out in Art. I, §§ 17-16-17-33(a)(b) and Art. II, §§ 17-34-17-34-14. At the editor's discretion, such provisions have been redesignated as Arts. II and III, and §§ 17-33(a), (b) and §§ 17-34-A-17-34-14 have been redesignated as 17-33.1 and 17-34.1-17-34.13, respectively, in order to maintain Code format. Former Arts. III—V of Ch. 17 have been renumbered as Arts. IV VI to facilitate the inclusion of this amendment. The deleted sections previously derived from Code 1970, §§ 20-1-20-14 and 20-21, and Ord. No. 11-72, § 1. Cross references—Enforcement of Ch. 17 by code enforcement inspector, § 2-171 et seq.; alcoholic beverages, Ch. 3; boat operators required to comply with license laws, § 5-5; requirement of occupational license for different classes of contractors, § 6-74; sign permits, § 6-113; bulkhead filling permits, § 7-16 et seq.; registration of electricians required, § 11-36; noise control regulations, § 19-99 et seq.; regulation of business activities with potential to contaminate land and water resources, § 19-221; permits for meetings and gatherings in public parks, § 20-31 et seq.; permits for street excavations, § 24-28 et seq.; permits for sidewalks and driveways, § 24-55 et seq.; construction permits for swimming pools, § 25-23 et seq. Supp. No. 61 1051 NORTH PALM BEACH CODE Sec. 17-34.5. Special permit for nonprofit enterprise. Sec. 17-34.6. Duplicate certificates of regulation. Sec. 17-34.7. Doing business not covered by certificate of regulation; certificate Sec. 17-43. obtained by false statements void ab initio. Sec. 17-34.8. Compliance by principal deemed compliance by agent; noncom- Sec. 17-45. pliance of principal. Sec. 17-34.9. Suspension or revocation of certificate of regulation; refund of fee. Sec. 17-34.10. Certificate of regulation fee exemptions. Sec. 17-34.11. Engaging in business without certificate of regulation or under certificate issued on false statements. Sec. 17-34.12. Certificate of regulation fee schedule. Sec. 17-34.13. Marking of commercial vehicles. Secs. 17-35-17-39. Reserved. Article IV. Simulated Gambling Devices Sec. 17-40. Definitions. Sec. 17-41. Intent. Sec. 17-42. Prohibition of simulated gambling devices. Sec. 17-43. Exemptions. Sec. 17-44. Conflict with state law. Sec. 17-45. Enforcement. Secs. 17-46-17-49. Reserved Article V. Ambulances Sec. 17-50. Definition. Sec. 17-51. Unlawful operation. Secs. 17-52-17-60. Reserved. Article VI. Garage And Other Sales Sec. 17-61. Garage sales. Sec. 17-62. Permit required. Sec. 17-63. Violations. Secs. 17-64-17-70. Reserved. Article VII. Business Advisory Board Sec. 17-71. Created. Sec. 17-72. Composition; terms; vacancies. Sec. 17-73. Organization. Sec. 17-74. Mission; duties. Secs. 17-75-17-80. Reserved. Sec. 17-86. Article VIII. Peddlers and Solicitors Sec. 17-81. Purpose. Sec. 17-82. Definitions. Sec. 17-83. Permit required. Sec. 17-84. Application for permit or license. Sec. 17-85. Granting or rejecting application. Sec. 17-86. Permit not transferable. Sec. 17-87. Display of permit. Sec. 17-88. Limitation on hours for peddling or solicitation. Sec. 17-89. Prohibited practices. Supp. No. 61 1052 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS Sec. 17-90. Notice by property owners. Sec. 17-91. Age restrictions. Sec. 17-92. Revocation of permit. Sec. 17-93. Appeal. Sec. 17-94. Enforcement. Supp. No. 61 1052.1 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS manage, supervise, maintain, provide, produce, possess or use a simulated gambling device con- stitutes a separate violation. (Ord. No. 2012-08, § 2, 8-9-12) Sec. 17-43. Exemptions. This article does not prohibit: (a) An individual's personal, recreational, and non-commercial ownership, possession, play, operation or use of a device which could be construed to be a simulated gam- bling device; (b) The operation of a game room or recre- ational facility which provides opportuni- ties for casual entertainment by patrons of all ages and does not utilize devices that fall within the definition of a simu- lated gambling device; (c) The ownership, possession, play, opera- tion or use of any device expressly permit- ted by a Florida Statute and not other- wise prohibited by another Florida Statute or the Florida Constitution, except that this exemption shall not apply to devices permitted in Broward and Miami -Dade Counties only pursuant to Article X, Sec- tion 23 of the Florida Constitution and Chapter 551, Florida Statutes; (d) A religious, charitable or non-profit orga- nization conducting a fundraising activity involving gaming, provided that such ac- tivity is not otherwise prohibited by law. (Ord. No. 2012-08, § 2, 8-9-12) Sec. 17-44. Conflict with state law. Nothing in this article is intended to conflict with the provisions of the Florida Constitution or Chapter 849, Florida Statutes, concerning gam- bling. In the event of a direct and express conflict between this article and either the Florida Con- stitution or the Florida Statutes, then the provi- sions of the Florida Constitution or the Florida Statutes, as applicable, shall control. (Ord. No. 2012-08, § 2, 8-9-12) Supp. No. 54 1065 Sec. 17-45. Enforcement. § 17-60 (a) The village's code inspectors are authorized to enforce this article in accordance with all remedies set forth in article VI of chapter 2 of this code. (b) The village's police department is autho- rized to enforce this article in accordance with all remedies set forth in article VI of chapter 2 of this code and any other provision of state or local law. (c) In addition to the remedies set forth above, whether civil or criminal, the village may also pursue temporary or permanent injunctive relief or any other legal or equitable remedy authorized by law in a court of competent jurisdiction to enforce the provisions of this article. (Ord. No. 2012-08, § 2, 8-9-12) Secs. 17-46-17-49. Reserved ARTICLE V. AMBULANCES Sec. 17-50. Definition. For the purpose of this article, the term "am- bulance" shall mean any vehicle designed, equipped and used to carry or transport sick or injured persons. (Ord. No. 4-80, § 1, 2-14-80) Sec. 17-51. Unlawful operation. It shall be unlawful for any person to engage in the business of operating an ambulance within the village or from within the village to a point outside the village without first having obtained from the county a certificate of public convenience and necessity to operate an ambulance service in zone 2 of the county, except that such ambu- lance(s) may be operated within zone 2 at the request of a representative of the holder of a certificate of public convenience and necessity for zone 2 of the county. (Ord. No. 4-80, § 1, 2-14-80) Secs. 17-52-17-60. Reserved. § 17-61 NORTH PALM BEACH CODE ARTICLE VI. GARAGE AND OTHER Sec. 17-63. Violations. SALES* Sec. 17-61. Garage sales. All so-called "garage sales" or other sales in- volving the offering for sale of multiple items of personal property on property occupied as a resi- dence shall be subject to the following rules and regulations: (1) No one shall accept or take in for sale any goods from any commercial business or enterprise on a consignment basis. (2) No signs shall be posted anywhere in the village advertising such sales, except that the property owner may install on the residential lot on which such sale is to be held one (1) sign not larger than two (2) feet by three (3) feet, advertising such sale. Such signs shall be erected not sooner than one (1) day prior to the date of the sale, and shall be removed at the end of the last day upon which the sale is held. (3) No more than two (2) such sales per annum shall be held at the premises if occupied by the same family or any mem- ber of such family. (4) Any sale conducted pursuant to the pro- visions hereof shall be confined to the period between 8:00 a.m. and 9:00 p.m. of any day and shall not extend in excess of two (2) days. (Ord. No. 12-80, § 1, 6-12-80) Sec. 17-62. Permit required. Any person conducting a garage sale or other sale involving the offering for sale of multiple items of personal property on property occupied as a residence shall be required to obtain a permit therefor from the village. Applications for such permit shall be made to the village building official in such form as may be required. (Ord. No. 12-80, § 1, 6-12-80) *Editor's note—Ord. No. 12-80, § 1, adopted June 12, 1980, amended Ch. 15 with the addition of new §§ 17-50-17- 52. However, since the Code already contained sections with these numbers, the editor has redesignated said provisions as §§ 17-61-17-63 as herein set out. Supp. No. 54 1066 Any person violating any of the provisions of this article shall be deemed guilty of a misde- meanor and upon conviction thereof, shall be fined a sum not to exceed five hundred dollars ($500.00). Each day during which any violation of this article continues or exists shall be deemed to be a separate violation. (Ord. No. 12-80, § 1, 6-12-80) Secs. 17-64-17-70. Reserved. ARTICLE VII. BUSINESS ADVISORY BOARD Sec. 17-71. Created. A business advisory board (hereinafter referred to as board) is hereby created. (Ord. No. 2012-06, § 2, 7-26-12) Sec. 17-72. Composition; terms; vacancies. (a) Composition. The board shall be appointed by the village council and shall consist of five (5) members and two (2) alternate members. The board members shall be comprised primarily of owners or operators of store -front businesses along the village's main commercial corridors, namely, Northlake Boulevard, U.S. Highway One and Alternate A1A. Members shall not be required to be residents of the village and shall, to the extent practicable, consist of. a representative from a retail business, a professional services business and a personal services business; a commercial realtor or business broker; and a commercial property owner. (b) Initial terms. The initial appointments to the board shall take effect upon the effective date of this article with the terms of the members expiring as follows: (1) The terms of two (2) members shall expire on April 30, 2015; (2) The terms of two (2) members shall expire on April 30, 2014; and (3) The term of one (1) member shall expire on April 30, 2013. LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS (c) Subsequent terms. Upon expiration of the terms set forth above, each subsequent appoint- ment to the board shall be for a term of three (3) years. (d) Alternate members. Alternate members shall serve for a term of one (1) year, with the initial term expiring on April 30, 2013. Alternate mem- bers shall be appointed as first alternate and second alternate, and shall serve on the board in that order in the event a regular member is absent. (Ord. No. 2012-06, § 2, 7-26-12) Sec. 17-73. Organization. At the first organizational meeting of the board, the members shall elect a chairman and vice chairman from among the regular members. Sub- sequent to the initial organization meeting, the board shall appoint a chairman and vice chair- man from among its members at the first regular meeting in May of each year. (Ord. No. 2012-06, § 2, 7-26-12) Sec. 17-74. Mission; duties. (a) Mission. The board shall serve in an advi- sory capacity to the village council, and its mis- sion shall be to promote business development and to support and sustain existing businesses within the village by identifying business oppor- tunities and acting as a liaison between the owners of businesses within the village and the village council. (b) Duties. The board's duties shall consist of the following: (1) Advise the village council as to recom- mended improvements to, and the estab- lishment of, village policies and proce- dures impacting the business community; (2) Review and recommend appropriate com- munication strategies to disseminate vil- lage information to the business commu- nity; (3) Solicit and facilitate business input in matters of significance to the village; Supp. No. 61 1067 § 17-82 (4) Endeavor to build an expanding commu- nity of support through education of its members, prospective members, commu- nity groups and government officials; (5) Advise the village council and village ad- ministration on business development op- portunities within the village; (6) Identify, analyze and address legislative issues that may impact the business com- munity; and (7) Any additional duties as may be assigned by the village council. (Ord. No. 2012-06, § 2, 7-26-12) Secs. 17-75-17-80. Reserved. ARTICLE VIII. PEDDLERS AND SOLICITORS Sec. 17-81. Purpose. The purpose of this article is to protect the citizens of the village and their property by ade- quately investigating the character and responsi- bility of itinerant merchants and peddlers travel- ing from house to house soliciting services and goods and to preserve peace and tranquility for village residents. (Ord. No. 2015-03, § 2, 3-12-15) Sec. 17-82. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Peddler shall mean any itinerant or traveling vendor or trader who carries goods, merchandise or personal property with him and travels about the village for the purpose of selling same to purchasers at their homes or in public places within the village. This definition shall not in- clude vendors who sell their goods from a fixed place of business within the village. Solicitor shall mean any individual, whether a resident of the village or not, traveling by foot, motor vehicle or other conveyance from place to place or house to house in taking or attempting to § 17-82 NORTH PALM BEACH CODE take orders for the sale of goods, merchandise, (6) Place where the goods or merchandise personal property of any kind or nature for future involved are produced, stored or located, delivery, or for services either furnished or to be and proposed method of delivery; furnished in the future, whether or not any ad- vance payment for such sales or service is being (7) A current photographic likeness of the collected. applicant sufficient to establish identifica- tion; As used in this article, the terms peddler and solicitor shall not include: (1) Individuals engaged in the sale of goods or services who meet with village resi- dents by appointment at the request of the resident; or (2) Residents under the age of sixteen (16) selling cookies, candy, lemonade or simi- lar items. (Ord. No. 2015-03, § 2, 3-12-15) Sec. 17-83. Permit required. It shall be unlawful for any peddler or solicitor to engage in such business or activity within the corporate limits of the village without first obtain- ing a permit pursuant to this article. (Ord. No. 2015-03, § 2, 3-12-15) Sec. 17-84. Application for permit or license. (a) Applicants for issuance of a permit pursu- ant to this article must file with the community development director a sworn application in writ- ing, which shall be accompanied by the applica- tion fee established by the village council. The application shall, at a minimum, include the following information: (1) Applicant's name, permanent address and local address (if different); (2) Applicant's age, sex, height, weight and other identifying characteristics; (3) Brief description of the nature of the business and the goods or services to be sold; (4) Name and address of the applicant's prin- cipal or employer organization, together with credentials establishing the relation- ship between the applicant and the appli- cant's principal or employer; (5) Length of time desired for conducting business (not to exceed one (1) year); Supp. No. 61 1068 (8) The license tag number and description of any vehicle to be used by the applicant; (9) Whether the applicant has been convicted of a crime and if so, the nature of the crime; (10) Written authorization for the village to conduct a background check; and (11) Written statement that the applicant will observe and comply with the provisions of this article. (b) An applicant who has been adjudicated guilty or pled nolo contendere to any of the following offenses shall be prohibited from ped- dling or soliciting within the village: (1) Any felony involving violence, regardless of the time elapsed; (2) Any crime against children, regardless of the time elapsed; (3) Any drug offense regarding possession with intent to distribute, regardless of the time elapsed; (4) Any felony conviction within the prior seven (7) years; and (5) Any conviction involving moral turpitude within prior seven (7) years. (Ord. No. 2015-03, § 2, 3-12-15) Sec. 17-85. Granting or rejecting applica- tion. The community development director shall con- sider each application for a permit filed pursuant to this article and with the consent of the village manager shall either grant or reject such applica- tion and give prompt notice of such action to the applicant. (Ord. No. 2015-03, § 2, 3-12-15) Chapter 20 PARKS, PLAYGROUNDS AND RECREATION Art. I. In General, §§ 20-1-20-21 Art. II. Meetings and Gatherings, §§ 20-22-20-60 Div. 1. Generally, §§ 20-22-20-30 Div. 2. Permit, §§ 20-31-20-60 Art. III. Recreation Advisory Board, §§ 20-61-20-66 Supp. No. 52 1289 \ PARKS, PLAYGROUNDS AND RECREATION § 20-61 Sec. 20-32. Form. The permit required by section 20-31 shall be in such form as may be established by the recre- ation director. (Code 1970, § 25-17; Ord. No. 201-69, § 6) Sec. 20-33. Application. An application for a permit required by section 20-31 shall contain the following items: (1) The name and address of the applicant. (2) The name and address of the person, corporation or association sponsoring the activity, if any. (3) The day and hours for which the permit is desired. (4) The park or portion thereof for which such permit is desired. (5) An estimate of the anticipated atten- dance. (6) Any other information which the recre- ation director shall find reasonably neces- sary to a fair determination as to whether a permit should be issued. (Code 1970, § 25-18; Ord. No. 201-69, § 7) Sec. 20-34. Standards for issuance. The recreation director or the village manager shall issue a permit under this division when he finds: (1) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoy- ment of the park. (2) That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, wel- fare, safety and recreation. (3) That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct. (4) That the proposed activity will not entail unusual, extraordinary or burdensome ex- pense or police operation by the village. Supp. No. 29 1293 (5) That the facilities desired have not been reserved for other use at the day and hour required in the application. (Code 1970, § 25-19; Ord. No. 201-69, § 8) Sec. 20-35. Appeal from refusal to issue. (a) Within five (5) days after receipt of an application, the recreation director or village man- ager shall apprise an applicant, in writing, of his reasons for refusing a permit required by this division. (b) Any aggrieved person shall have the right to appeal, in writing, within five (5) days to the village council, which shall consider the applica- tion under the standards set forth in section 20-34 and sustain or overrule the recreation director's or village manager's decision within seven (7) days. (c) The decision of the village council shall be final. (Code 1970, § 25-20; Ord. No. 201-69, § 9) Sec. 20-36. Revocation. The recreation director may revoke a permit required by this division upon a finding of a violation of any rule, ordinances or provision of this Code, or upon good cause shown. (Code 1970, § 25-23; Ord. No. 201-69, § 12) Secs. 20-37-20-60. Reserved. ARTICLE III. RECREATION ADVISORY BOARD* Sec. 20-61. Created. A recreation advisory board (hereinafter re- ferred to as board) for the village is hereby cre- ated. Ord. No. 5-92, § 1, 4-23-92) *Editor's note—Ordinance No. 5-92, adopted April 23, 1992 did not specifically amend the Codes; hence, inclusion of §§ 1-6 as Art. III was at the discretion of the editor. Cross reference—Department of recreation, § 2-110. § 20-62 NORTH PALM BEACH CODE Sec. 20-62. Composition; terms; vacancies. (a) Composition. The board shall be appointed by the village council and shall consist of five (5) members and two (2) alternates who shall be residents of the village. (b) Term. The initial appointments to the five (5) member board shall take effect upon the effective date of this article with the respective terms expiring as follows: (1) The terms of two (2) members shall expire on May 1, 1992. (2) The terms of three (3) members shall expire on May 1, 1993. (c) Subsequent terms. Upon expiration of the terms set forth above, each appointment shall be for two-year terms. Appointments shall hereafter be made by resolutions of the village council. (d) Vacancies. An appointment to fill any va- cancy shall be for the remainder of the unexpired term of office. (e) Alternates. The two (2) alternates shall each serve one (1) year terms. Alternate members of the board shall be appointed on the same day that regular members are appointed. Alternate members shall be appointed as first alternate and second alternate and shall serve in that order when required. (Ord. No. 5-92, § 2, 4-23-92; Ord. No. 17-95, §§ 1, 2,6-22-95) Sec. 20-63. Removal. If a member of the advisory board or a desig- nated alternate of the board is absent from three (3) regularly -scheduled meetings of the board within any twelve (12) consecutive month period without such absence being excused by majority vote of the board, the chairman of the board shall promptly notify the village council. The council may thereafter declare the member's office vacant and promptly fill such vacancy for the unexpired term of office. (Ord. No. 5-92, § 3, 4-23-92; Ord. No. 18-2001, § 4, 6-28-01) Supp. No. 29 1294 Sec. 20-64. Officers' quorum; compensation. At the first organizational meeting of the board, the members shall elect a chairman, vice presi- dent and secretary from among its members. Subsequent to the initial organizational meeting where officers are elected, the members shall elect the officers from among its members at the first regular meeting in May of each year. The presence of three (3) members shall constitute a quorum and motions shall be approved by a majority of members present. The members shall serve without compensation. Ord. No. 5-92, § 4, 4-23-92) Sec. 20-65. Meetings. The board shall meet and shall schedule a regular meeting at least once per month. In addition, the chairman may call special meetings and special meetings may be called by written notice signed by at least three (3) members of the board. Minutes shall be kept of all meetings. Notice of all meetings shall be posted in accor- dance with the procedures established by the village council. All meetings shall be open to the public. The board shall enact or adopt rules for the conduct of its meeting. All members shall be apprised of the applicability of the "Sunshine Law" to the board and its members. Ord. No. 5-92, § 5, 4-23-92) Sec. 20-66. Duties. (a) The board shall serve in an advisory capac- ity to the village council and make recommenda- tions as to present and future recreation activi- ties, planning, recreation programs, capital improvements and facilities and other matters relating to the overall recreational activity of the village other than its waterways. The board is not charged with the duty of ascertaining costs or method of implementation of their proposed plans; however, the board should consider the needs of all residents of the village. The board shall have the power to call upon the village manager, or his designee, for information and advice. The board's recommendations to the village council shall be in writing and shall state the basis or reasons for such recommendations. PARKS, PLAYGROUNDS AND RECREATION § 20-66 (b) The board shall also perform any other duties which may be assigned to it by the village council and the board shall act within thirty (30) days of the date of reference, unless the village council otherwise states. (Ord. No. 5-92, § 6, 4-23-92; Ord. No. 27-98, § 1, 12-10-98; Ord. No. 23-2004, § 1, 8-12-04) Supp. No. 29 1295 [The next page is 13431 (4) (5) PLANNING AND DEVELOPMENT owners of record, excluding property owned by the applicant, within five hundred (500) feet of the property to which the develop- ment order application or amendment re- lates. The list of property owners shall be de- rived from the most recent official tax roll of Palm Beach County. The applicant shall provide an affidavit attesting to the com- pleteness and accuracy of the property owner's list. The applicant shall provide and mail all required notices, and provide an affidavit that notice was sent to all property own- ers included in the property owner's list. (c) Posting requirements. (1) (2) (3) (4) The applicant shall provide the signs, subject to the criteria for size and con- tents established by the community devel- opment director. The applicant shall install the signs in a workmanlike manner. All signs should be installed so as to withstand normal weather events. The applicant shall post one (1) sign per five hundred (500) feet of lineal right-of- way, with a minimum of one (1) sign per frontage. The applicant shall provide, at least three (3) days prior to the public hearing, a photograph of the sign and an affidavit attesting to the date of installation and the number of signs. (d) Newspaper requirements. The applicant shall be responsible for all costs associated with news- paper advertisements. (Ord. No. 2009-16, § 2, 11-12-09; Ord. No. 2015- 13, § 3, 7-23-15) Secs. 21-4-21-10. Reserved. Supp. No. 62 1347 § 21-11 ARTICLE II. PLANNING COMMISSION* Sec. 21-11. Composition; conduct generally. (a) Created. A planning commission for the village is hereby created. (b) Membership. (1) Terms; vacancies; alternate members. The planning commission shall consist of five (5) members who shall serve for two-year terms and two (2) alternates who shall serve for one-year terms. At the first ap- pointment of members to the planning commission, three (3) regular members shall be appointed for a term of two (2) years, two (2) regular members shall be appointed for a term of one (1) year, and thereafter each appointment shall be for two-year terms. All terms shall take effect on the first day of May of each year. Alternate members of the commission shall be appointed on the same day that regu- lar members are appointed. The planning commission shall consist of one (1) land use planner or architect, one (1) architect, one (1) civil engineer, one (1) person en- gaged in business within the corporate limits of the village, and a fifth member who need not be engaged in any particu- lar business or profession. All vacancies on the planning commission shall be filled within thirty (30) days so as to maintain the composition of the commission as set forth above. Alternate members of the planning commission shall be appointed as first alternate and second alternate and shall serve in that order when neces- sary. The members shall serve at the pleasure of the village council. *Editor's note—Article II, §§ 21-11, 21-12, was included at the editor's discretion, being derived from Ord. No. 6-77, § 2, adopted April 28, 1977, and Ord. No. 4-78, § 2, enacted Mar. 23, 1978. Section 1 of Ord. No. 4-78 repealed former § 21-1, pertaining to the designation of the local planning agency, derived from Ord. No. 9-76, § 1, adopted May 27, 1976. Cross reference—Duties and powers of planning commis- sion concerning appearance code, § 6-36. State law reference—Local government comprehensive planning and land development regulation act, F.S. § 163.3161 et seq. § 21-11 NORTH PALM BEACH CODE (2) Chairman; quorum; compensation. The members of the planning commission shall elect a chairman from among its mem- bers. The presence of three (3) or more members shall constitute a quorum of the planning commission. The members shall serve without compensation. (c) Meetings. The planning commission shall meet at least once each month on a date to be determined by the planning commission. (d) Powers, duties. The planning commission shall have the following powers and duties: (1) Perform any duties which lawfully may be assigned to it by the village council. (2) Perform any other duties which may be assigned to it under this Code. (3) The planning commission of the village is hereby designated as the governmental entity to act as the "local planning agency" in accordance with chapter 163, Florida Statutes. (e) Removal. If a member of the advisory board or a designated alternate of the board is absent from three (3) regularly -scheduled meetings of the board within any twelve (12) consecutive month period without such absence being excused by majority vote of the board, the chairman of the board shall promptly notify the village council. The council may thereafter declare the member's office vacant and promptly fill such vacancy for the unexpired term of office. (Ord. No. 6-77, § 2, 4-28-77; Ord. No. 4-86, § 2, 4-24-86; Ord. No. 18-2001, § 5, 6-28-01) Sec. 21-12. Changes to zoning ordinances. (a) The village council may amend or supple- ment the regulations and districts fixed by any zoning ordinance adopted pursuant to this act (Local Government Comprehensive Planning and Land Development Regulation Act) after referral and recommendations of the planning commis- sion. Proposed changes may be suggested by the village council, by the planning commission, or by the petition of the owners of fifty-one (51) percent or more of the area involved in the proposed change. In the latter case, the petitioners may be Supp. No. 62 1348 required to assume the cost of public notice and other costs incidental to the holding of public hearings. (b) The planning commission, regardless of the source of the proposed change, shall hold a public hearing or hearings thereon, with due public notice, but shall in any case, if any change is to be considered by the planning commission, submit in writing its recommendations on the proposed change to the village council for, official action. The village council shall hold a public hearing thereon, with due public notice, if any change is to be considered and shall then act on the proposed change. If the recommendation of the planning commission is adverse to the proposed change, such change shall not become effective except by an affirmative vote of a majority of the entire membership of the village council, after due pub- lic notice. (Ord. No. 4-78, § 2, 3-23-78; Ord. No. 4-86, § 3, 4-24-86) Secs. 21-13-21-20. Reserved. ARTICLE III. BOARD OF ADJUSTMENT Sec. 21-21. Composition; conduct generally. (a) Created. A board of adjustment for the village is hereby created. (b) Membership; terms; alternates; compensa- tion. The board of adjustment shall consist of five (5) persons who shall serve for three-year terms and two (2) alternates who shall serve for one- year terms. At the first appointment of members to the board of adjustment, two (2) regular mem- bers shall be appointed for a term of three (3) years, two (2) regular members shall be appointed for a term of two (2) years, and one (1) regular member shall be appointed for a term of one (1) year. Thereafter, each appointment shall be for a three-year term. All terms shall take effect on the first day of May of each year. Alternate members of the board of adjustment shall be appointed on the same day that regular members are ap- pointed. Alternate members of the board of ad- justment shall be appointed as first alternate and second alternate and shall serve in that order when necessary. The members shall serve at the PLANNING AND DEVELOPMENT § 21-21 pleasure of the village council. Members shall serve without compensation. The board of adjust- ment shall meet as often as the demand necessi- tates. (c) Powers, duties. The board of adjustment shall have the following powers and duties: (1) Appeals. To hear and decide appeals when it is alleged that there is error in any Supp. No. 62 1348.1 PLANNING AND DEVELOPMENT § 21-21 order, requirement, decision or determi- nation made by an administrative official in the enforcement of any zoning ordi- nance or regulation adopted pursuant to this part. (2) Variances: 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 con- ditions, a literal enforcement of the provisions of the ordinance would result in unnecessary and undue hardship. In order to authorize any variance from the terms of the ordi- nance, the board of adjustment must find: 1. That special conditions and cir- cumstances exist which are pe- culiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; 2. That the special conditions and circumstances do not result from the actions of the applicant; 3. That granting the variance re- quested will not confer on the applicant any special privilege that is denied by the ordinance to other lands, buildings or structures in the same zoning district; 4. That literal interpretation of the provisions of the subject ordinance would deprive the ap- plicant of rights commonly en- joyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the appli- cant; 5. That the variance granted is the minimum variance that will Supp. No. 45 1349 make possible the reasonable use of the land, building or struc- ture; 6. That the grant of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public wel- fare. b. In granting any variance, the board of adjustment may prescribe appro- priate conditions and safeguards in conformity with this part [chapter] and any ordinance enacted under 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 pre- scribe a reasonable time limit within which the action for which the vari- ance is required shall be begun or completed or both. d. Under no circumstances, except as permitted above, shall the board of adjustment grant a variance to per- mit a use not generally permitted in the zoning district involved or any use expressly or by implication pro- hibited by the terms of the ordinance in the zoning district. No nonconform- ing use of neighboring lands, struc- tures or buildings in the same zon- ing district and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance. (d) Review of administrative orders. In exercis- ing its powers, the board of adjustment may, upon appeal and in conformity with provisions of this [chapter], reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or § 21-21 NORTH PALM BEACH CODE regulation adopted pursuant to this part, and may make any necessary order, requirement, de- cision or determination, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of a majority of all the members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass under any such ordinance. (e) Appeals to board from decision of adminis- trative official. Appeals to the board of adjust- ment may be taken by any person aggrieved or by any officer, board or bureau of the governing body affected by any decision of an administrative official under any zoning ordinance enacted pur- suant to this part. Such appeal shall be taken within thirty (30) days after rendition of the order, requirement, decision or determination ap- pealed from by filing with the officer from whom the appeal is taken and with the board of adjust- ment a notice of appeal specifying the grounds thereof. The appeal shall be in the form pre- scribed by the rules of the board. The administra- tive official from whom the appeal is taken shall, upon notification of the filing of the appeal, forth- with transmit to the board of adjustment all the documents, plans, papers or other materials con- stituting the record upon which the action ap- pealed from was taken. (f) Stay of work and proceedings on appeal. An appeal to the board of adjustment stays all work on the premises and all proceedings in further- ance of the action appealed from, unless the official from whom the appeal was taken shall certify to the board of adjustment that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. (g) Hearing of appeals. The board of adjust- ment shall fix a reasonable time for the hearing of the appeal and decide the same within a reason- able time. Public notice of all hearings shall be Supp. No. 45 1350 provided as required by section 21-3 of this Code. Upon the hearing, any party may appear in person, by agent or by attorney. Appellants may be required to assume such reasonable costs in connection with appeals as may be determined by the governing body through action in setting of fees to be charged for appeals. (h) Judicial review of decisions of board. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any officer, department, board, commission or bureau of the governing body, may apply to the circuit court in the judicial circuit where the board of adjustment is located for judicial relief within thirty (30) days after rendition of the decision by the board of adjustment. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the board of adjustment. (Ord. No. 6-77, § 3, 4-28-77; Ord. No. 4-86, § 4, 4-24-86; Ord. No. 19-2004, § 1, 7-22-04; Ord. No. 2009-16, § 5, 11-12-09) Secs. 21-22--21-40. Reserved. ARTICLE IV. CONCURRENCY MANAGEMENT* Sec. 21-41. Short title. This article shall be known and may be cited as "The Village of North Palm Beach Adequate Pub- lic Facilities (Concurrency) Ordinance." (Ord. No. 16-90, § 1A) 6-28-90) Sec. 21-42. Application. This article shall apply to all developments in the total incorporated area of the village. (Ord. No. 16-90, § 1B, 6-28-90) Sec. 21-43. Intent and purpose. (a) Implementation of comprehensive plan. This article is intended to implement and be consistent with the village comprehensive plan, F.S. chapter *Editor's note ---Ordinance No. 16-90, adopted June 28, 1990, did not specifically amend this Code; hence, inclusion of §§ 1-6 as Art. IV, §§ 21-41--21-46, was at the discretion of the editor. Chapter 24 STREETS, SIDEWALKS AND PUBLIC PLACES* Article I. In General Secs. 24-1, 24-2. Reserved. Sec. 24-3. Sodding of swale areas required in certain instances. Sec. 24-4. Cost of changing or removal of public utilities. Secs. 24-5-24-15. Reserved. Article II. Work Performed Within Rights -of -Way Sec. 24-16. Right-of-way permit. Sec. 24-17. Fees. Sec. 24-18. Permit requirements. Sec. 24-19. Permit conditions. Sec. 24-20. Permit minimum standards. Sec. 24-21. Removal of barricades and signage. Sec. 24-22. Permit revocation and penalties. Sec. 24-23. Appeals. Sec. 24-24. Emergencies and exemptions. Sec. 24-25. Limitations on pavement disturbance. Sec. 24-26. Exemptions to limitations on pavement disturbance Sec. 24-27. Pavement restoration standards. Secs. 24-28-24-40. Reserved. Article III. Sidewalks and Driveways Division 1. Generally Sec. 24-41. Sidewalks -Construction required in certain cases. Sec. 24-42. Same -Exceptions to requirements of section 24-41. Sec. 24-43. Specifications. Sec. 24-44. Driveways to be constructed under supervision of building official. Sec. 24-45. Reserved. Sec. 24-46. Dangerous or abandoned driveways. Sec. 24-47. Performance of work by village upon failure to comply with article. Secs. 24-48-24-54. Reserved. Division 2. Permits Sec. 24-55. Separate permits required for driveway and sidewalk construc- tion. Sec. 24-56. Driveway construction -Required. Sec. 24-57. Same -Prohibited in certain instances. Sec. 24-58. Same -Application; information required. *Cross references -Street maintenance division, § 2-85(f); signs and outdoor advertising displays, § 6-111 et seq.; motor vehicles and traffic, Ch. 18; planning, Ch. 21; police, Ch. 23; enforcement of Ch. 24 by Code enforcement inspector, § 2-171 et seq.; appearance plan, App. A; subdivision regulations, App. B; zoning regulations, App. C. State law references -Municipal home rule powers, F.S. Ch. 166; authority to provide for improvement of streets, sidewalks, etc., F.S. § 170.01. Supp. No. 64 1517 STREETS, SIDEWALKS AND PUBLIC PLACES § 24-58 DIVISION 2. PERMITS Sec. 24-55. Separate permits required for driveway and sidewalk construc- tion. A separate permit shall be required for side- walk or driveway construction or reconstruction. (Code 1970, § 35-28) Sec. 24-56. Driveway construction—Re- quired. No person shall construct initially, nor lower any curb, or change the grade of any sidewalk, for the purpose of providing a driveway across any sidewalk, or construct any driveway across vil- lage property or street right-of-way, except upon complying with the provisions of this article, and upon a permit granted by the village. (Code 1970, § 35-25) Sec. 24-57. Same --Prohibited in certain in- stances. The village shall not grant a permit to lower any curb or change the grade of any sidewalk for the purpose of providing a driveway across such curb or sidewalk or to construct any driveway across village property when, in its opinion, the actual or intended use of such driveway would endanger pedestrians. In no case shall a permit be granted to use the space within the radius of a curb or street return, or of any sidewalk intersec- tion, as a driveway. (Code 1970, § 35-26) Sec. 24-58. Same --Application; information required. (a) Application for a permit required by sec- tion. 24-56, shall be made in writing to the build- ing official by the owner of the abutting premises. (b) Such application shall set forth the points at which such driveway shall begin and end, as measured from the property line of the first street intersecting such curb or sidewalk and shall. be accompanied by a plan., if so required by the building official. (Code 1970, § 35-27; Ord. No. 2010-06, § 3, 3-11- 10) Supp. No. 47 1523 [Tbe next page is 1573.1 STATUTORY REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text of references to the state law or related matters. Supp. No. 63 281.9 Section Section Section this Code Section this Code 1.01 27-31 170.01 Ch. 24 1.01 et seq. 1-2 ch. 175 2-167 ch. 22F App. B, Art. II, 175.061((7) 2-169 § 36-10 175.071(1) 2-166 ch. 39 App. C, § 45-2 175.071(8) 2-166 Ch. 50 2-181 175.101 26-17 50.041 2-181 175.333 2-162 50.051 2-181 ch. 177 App. B, Art. I, 55.03 29-5(a) § 36-2 ch. 98 Ch. 10 App. B, Art. II, 101.657 10-7 § 36-8 112.181 2-161(e)(9) App. B, Art. II, ch. 121 2-155 § 36-15 161.55(1)(d) 6-156 App. B, Art. IV, 161.041 6-153 § 36-27 161.053 6-154 ch. 185 2-167 ch. 162 2-174 185.05(6) 2-169 162.12(2) 2-180 185.06(1)(b) 2-166 ch. 163 12.5-1 185.06(7) 2-166 21-1 185.08 26-16 21-11 202.195 29-8(m) 21-43, 21-44 203.012 26-51,29-3 App. B, Art. I, 29-5(b) § 36-2, App. B, Art. 203.012(5)(b) 26-51 I, § 36-4 ch. 205 Ch. 17, Art. II App. B, Art. II, 205.043(2), § 36-16 205.043(3) 17-24, 17-25 App. B, Art. VI 205.053 17-20 163.01 2-4(f) 205.192 17-22 163.161 et seq. 21-01 210.03 17-33 ch. 163.170, App. B, Art. II, ch. 212 26-53 §163.3164(17) § 36-10 215.473 2-166 163.225(3)(a) -(c) 5-86 222.17 5-1 163.295 6-150 ch. 252 Ch.8 163.3161 et seq. Ch. 21, Art. II 8-4(a)(2) 163.3177 21-44 252.38 et seq. 8-6 163.3178 6-155 253.125 7-19 21-44 Ch. 280 2-4 163.3180(12) 21-48 280.04 2-4 ch. 166 6-16 286.011 2-1 Ch. 24 Ch. 316 18-20 Ord. No. 2478 § 3 316.008 Ch. 18 166.021 Ch. 17, Art. II 316.1955, 316.1956 18-37 166.221 17-34 320.01(1) 14-37 166.231 Ch. 26, Art. III ch. 327 Ch. 5 ch. 170 21-2 5-1 Supp. No. 63 281.9 NORTH PALM BEACH CODE Section Section Section this Code Section this Code 327.02 5-1 ch. 650 Ch. 2, Art. V, Div. 2 5-33 2-136 19-99 650.02 2-136 335.065 App. B, Art. IV, 658.12 2-4 § 36-29.1 ch. 760 App. C, § 45-2 337.29 29-2 768.28 29-12(d) 337.401 29-2,29-3 775.082, 775.083 2-169(f) 29-5(a), (e) 2-255 29-6(a) 794.011 19-31 337.401(3) 28-3 800.04 19-31 337.403, 337.404 29-7 827.071 19-31 342.03 Ch.5 ch. 828 4-13 362.01 29-2 ch. 847 App. C, § 45-20 364.02 29-3 847.0145 19-31 ch. 373 19-200 870.041 8-21 ch. 380 21-44 870.44 8-22 App. B, Art. II, 870.45 8-22 § 36-10 872.05 2-104 380.04 21-103 893.03 45-36 393 App. C, § 45-2 893.035 45-36 ch. 394 App. C, § 45-2 893.0356 45-36 ch. 395 App. C, § 45-36 943.10(6) 2-159 397.311(18) App. C, § 45-38 943.10(8) 2-159 ch. 400 App. C, § 45-2 943.14 2-159 ch. 401 11.5-21 943.25(13) 1-9 ch. 402 App. C, § 45-2 App. C, § 45-34.1 402.302(4), 402.302(5) 17-33 413.08 4-27(d) ch. 419 17-33 App. C, § 45-2 429.02 App. C, § 45-2 ch. 458 App. C, § 45-36 ch. 459 App. C, § 45-36 471.003 29-8(c)(1) ch. 472 App. B, Art. I, § 36-6 ch. 480 App. C, § 45-2 ch. 495 1-10 ch. 553 6-16 553.73 11-11 553.73(2) 6-2 553.775 6-18 561.01 3-1 561.01 et seq. Ch. 3 563.01 3-1 564.01 3-1 565.01 3-1 628.901 29-12(d) 633.35 2-159 633.025 12-16 633.0215 12-16 [The next page is 28691 Supp. No. 63 2820 CODE COMPARATIVE TABLE Supp. No. 70 2895 Adoption Section Ord. No. Date Section this Code 2014-13 12-11-14 2 Added Ch. 6, Art. IV, §§ 6- 72-6-86 2014-14 12-11-14 2 2-4 2015-03 3-12-15 2 Added Ch. 17, Art. VIII, §§ 17-81-17-94 2015-04 4- 9-15 2 Added 19-12 2015-05 4- 9-15 2 2-159(b) 3 2-163(a)(1) 2015-07 4-23-15 2 14-30(4) 2015-10 6-11-15 2 App. C, § 45-2 3 Added App. C, § 45-32 A.9., C.2. App. C, § 45-32 E.7. Added App. C, § 45-32 F.3. 4 App. C, § 45-35.1 II.A.8. 2015-11 6-25-15 2 App. A, § III 3 App. C, § 45-21(2)b. 4 Added App. C, § 45-38 2015-12 6-25-15 2 Ch. 2, Art. III, Div. 5 (Tit.) 2-76(b), (c) 2015-13 7-23-15 2 Added App. C, § 45-16.2 3 21-3(a) 2015-19 11-12-15 1 5-1 Added 5-18 5-19-5-25 2015-20 11-12-15 2 45-36 N. 2015-22 12-10-15 2 19-99 2016-06 5-12-16 2 Rpld Ch. 24, Art. II, Divs. 1, 2, §§ 24-16-26- 20, 26-28, 26-29 Added Ch. 24, Art. II, §§ 24-16-24-27 2016-07 9- 8-16 2 Added 18-33 3 18-35 4 Added 18-35.1 5 2-173 2017-02 1-12-17 2 2-151(a), (b) 2017-03 1-26-17 2 Rpld Ch. 29, §§ 29-1- 29-16 Added Ch. 29, §§ 29-1- 29-20 2017-11 8-24-17 2 Rpld Ch. 12, Arts. I—III, §§ 12.5-1-12.5-11, 12.5-21-12.5-24, 12.5-41-12.5-45 Added Ch. 12.5, Arts. I—III, §§ 12.5-1- 12.5-8, 12.5-21, 12.5- 31-12.5-37 3 Added 6-21 2017-13 9-28-17 2 Added Ch. 27, Art. IV, §§ 27-71-27-84 2017-18 10-12-17 2 10-5 2017-21 12-14-17 2 45-2 3 45-38B., C., D.24 Supp. No. 70 2895 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 2018-04 5-10-18 2 2018-09 3 12-13-18 2 [The next page is 29331 Supp. No. 70 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) 5-1 5-9 5-10 5-12 5-16 5-81-5-85 18-34.1 [The next page is 29331 Supp. No. 70 2896 CODE INDEX Supp. No. 65 2935 Section Section A ALARMS (Cont'd.) Audible alarms ......................... 19-216 ABANDONMENT Code enforcement special magistrate, Abandoned realro ert p p y " " " " " " " 15-11 et se q' enforcement through ............... 19-217 See: PROPERTY Definitions ............................. 19-207 Boats Exemptions ............................ 19-218 Boat launching area; abandoned boats and equipment .................. 5-36,5-37 False alarms Generally ............................ 5-8 Excessive false alarms declared public Communcations services ................ 29-5 nuisance........................ 19-212 Discarded materials, (vehicles, boats, etc.) Service charge; collection ............. 19-213 Abatement of public nuisances on private Fire prevention and protection property ........................ 14-79 et seq. Florida fire prevention code See: NUISANCES Review of construction plans and fire Dogs, other animals .................... 4-10 suppression, detection and alarm systems and establish - ACTS BY AGENTS ment of fee schedule .......... 12-18 Definitions and rules of construction..... 1-2 Identification required .................. 19-215 ADMINISTRATIVE CODE System standards ...................... 19-219 Audit committee ........................ 2-56 et seq. Telephone trunk lines See: AUDITS Interference with police and fire rescue Bonds required of certain officers ........ 2-42 department trunk lines prohibited 19-215 Definition .............................. 2-39 Violation and penalty ................... 19-214 Departmental organization .............. 2-40 ALCOHOLIC BEVERAGES Oaths of office Consumption on playgrounds and public Chief administrator and officers, form parks ............................. 3-3 of oath ......................... 2-41(b) Members of police department, form of Nudity, partial nudity, sexual conduct; oath ............................ 2-41(c) prohibited at alcoholic beverage Persons required to take oath of office. 2-41(a) establishments .................... 3-4 Law enforcement officers........... 2-41(a)(2) Sales restricted hours of sale ........... ' 3-2 Officers ........................... 2-41(a)(1) State law definitions adopted............ 3-1 Policy and procedures Zoning Department heads ................... 2-43(b) Location of business for retail sales of Departments ......................... 2-43(c) alcoholic beverages.............. 45-20(2), Officers .............................. 2-43(a) 45-36.N C-3 Regional Business District ..... 45-34.1(9) ADULT ENTERTAINMENT ESTABLISH- MENTS AMBULANCES Zoning regulations re. See: ZONING Definition .............................. 17-50 (Appendix C) Unlawful operation ..................... 17-51 ADVERTISING AMUSEMENTS AND AMUSEMENT Handbills; distribution restricted ........ 19-7 PLACES Signs and outdoor displays .............. 6-110 et seq. Coin-operated amusements; proximity to See: SIGNS AND BILLBOARDS schools restricted .................. 19-4 AFFIDAVITS AND, OR Home occupations; local business tax Affidavit of applicant required ........ 17-3(e) Definitions and rules of construction..... 1-2 AFFIRMATION. See: OATH, AFFIRMA- ANIMALS AND FOWL TION, SWEAR OR SWORN Abandoning ............................ 4-10 Birds AGREEMENTS. See: CONTRACTS AND Molesting songbirds .................. 4-9 AGREEMENTS Village designated bird sanctuary; hunt - ALARMS ing prohibited ................... 4-2 Alarm business central office required ... 19-215 Cats. See herein: Dogs and Cats Alarm permit required .................. 19-208 Code enforcement, applicability re....... 2-173 Application for ....................... 19-209 Contagious diseases, animals with....... 4-11 Issuance ............................. 19-211 Cruelty to animals...................... 4-7 Terms; fees; nontransferable .......... 19-210 Definitions ............................. 4-1 Supp. No. 65 2935 NORTH PALM BEACH CODE Section Section ANIMALS AND FOWL (Cont'd.) APPEARANCE PLAN (Appendix A) Dogs and cats (Note—Section citations contained herein Breeding and retail sale of refer to section citations found within Adoption of shelter and rescue Appendix A) animals ...................... 4-13(d) Administration......................... V Exemptions ....................... 4-13(c) Areas of jurisdiction .................... III Puppy or kitten mills .............. 4-13(a) Basis ................................. I Sale or transfer of dogs or cats ..... 4-13(b) Criteria for appearance Building and site to adjoining area, Violations, enforcement ............ 4-13(e) relationship of .................. IV(B) Collar and tag Building design ...................... IV(D) Required .......................... 4-25 Buildings to site, relationship of ...... IV(A) Unauthorized removal ............. 4-26 Evaluation, factors for................ IV(H) Impoundment Landscape and site treatment ........ IV(C) Disposition upon owner's failure to Maintenance -planning and design fac- redeem....................... 4-30(d) tors ............................ IV(G) Notice ............................ 4-30(b) Miscellaneous structures and street Redemption by owner .............. 4-30(c) hardware ....................... IV(F) Required .......................... 4-30(a) Signs................................ IV(E) Inoculation .......................... 4-24 Definitions............................. VIII Prohibited in certain areas; exceptions 4-27 Maintenance for good appearance Buildings and appurtenances ......... VII(B) Rabies control. See herein that subject Public property ...................... VII(C) Registration ......................... 4-24 Site ................................. VII(A) Running at large Participation and incentives ............. VI Cats .............................. 4-28(c) Statement of policy ..................... II Dogs in parks and on streets and sidewalks .................... 4-28(a) ARCHAEOLOGICAL SITE PROTECTION Dogs on property of others ......... 4-28(b) Appeals ................................ 21-107 Vicious, biting and attacking dogs..... 4-29 Applicability ........................... 21-102 Archaeological review, development subject Waste removal t0' ' 21-104 Persons walking dogs responsible for Certificate to dig ....................... 21-105 removal of waste ............. 4-31 Cost................................... 21-106 Waste -removal implements, persons Definitions ............................. 21-103 walking dog to carry.......... 4-32 Hearing ................................ 21-108 Enforcement Intent .................................. 21-101 General enforcement ................. 4-5 Purpose............, .................. 21-101 Hindering enforcement ............... 4-4 Violations and penalties ................ 21-108 Fight, causing animals to ............... 4-8 ASSEMBLIES Keeping certain animals prohibited; excep- Meetings of boards and commissions; tion............................... 4-6 adjournment of.................... 2-3 Killing ........' ......................... 4-3 Meetings of specific boards, etc. See Molesting songbirds or domestic pets .... 4-9 specific subjects Nuisances, animals creating............. 4-12 Park and recreation area; meetings and Poisoning .............................. 4-3 gatherings ........................ 20-22 et seq. Rabies control See: PARKS, PLAYGROUNDS AND Death or destruction, reporting ....... 4-46 RECREATION Muzzles; when required .............. 4-45 ATLANTIC OCEAN Rabid animals Regulations governing construction of Confinement ...................... 4-43 docks, piers in Lake Worth and Duty to report; impounding ........ 4-44 Atlantic Ocean .................... 5-85 Nuisance, declared ................ 4-42 AUDITS ANNEXATION Audit committee Planning and development; filing fees and Access to records ..................... 2-56 cost for voluntary annexation of land 21-2 Administrative services .............. 2-57 Composition; terms; vacancies ........ 2-52 ANTENNAE Created ............................. 2-51 Zoning regulations ...................... 45-21 Duties............................... 2-54 Supp. No. 65 2936 CODE INDEX Supp. No. 69 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 seq. Minimum design requirements ..... 5-83 Anchoring and mooring Variances ......................... 5-86 Mooring limitations in waterways Erosion control structures (private docks and piers) ........ 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 than 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. 69 2937 NORTH PALM BEACH CODE Supp. No. 69 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 ....................... 11-11, 11-12 See: SUBDIVISIONS (Appendix B) Fire prevention code ................. 12-16 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 ...................... Spitting in public places prohibited ...... 19-5 Violations ........................... 6-76 Supp. No. 69 2938 CODE INDEX Supp. No. 67 2939 Section Section BUILDINGS (Cont'd.) BUSINESS REGULATIONS (Cont'd.) Stormwater management; level of finished Fee schedule ......................... 17-34.12 floor of structures ................. 21-63 Half-year certificate .................. 17-34.3 Subdivision regulations ................. 36-1 et seq. Issuance of certificate ................ 17-34.3 See: SUBDIVISIONS (Appendix B) Noncompliance of principal ........... 17-34.8 Swimming pools ........................ 25-1 et seq. Nonprofit enterprise, special permit for 17-34.5 See: SWIMMING POOLS Refund of fee ........................ 17-34.9 Zoning regulations ...................... 45-1 et seq. Registration required................. 17-34.1 See: ZONING (Appendix C) Renewal ............................. 17-34.4 Suspension or revocation of certificate. 17-34.9 BULKHEAD LINES When due and payable ............... 17-34.3 Code enforcement, applicability re ....... 2-173 Garage and other sales ................. 17-61 et seq. Established; designated ................. 7-1 See: GARAGE AND OTHER SALES Filling operation beyond bulkhead line Home occupations ...................... 17-3(a) et seq. prohibited ......................... 7-2 See: HOME OCCUPATIONS Filling permit Local business tax Application fees ...................... 7-19 Application for business tax receipt ... 17-18 Application; issuance ................. 7-18 Business tax exemptions ............. 17-31 Expiration date; renewal; revocation .. 7-20 Business tax imposed; basis of one year 17-16 Public hearing prerequisite to Business tax receipt renewal; consideration ................... 7-17 delinquency penalty ............. 17-20 Required ............................ 7-16 Business tax schedule ................ 17-33 Unlawful fill; removal ................... : 7-3 Compliance by principal deemed compli- BULKHEADS ance by agent; noncompliance of Bulkheads and seawalls, construction principal ....................... 17-29 requirements re ................... 5-69 et seq. Declaration where fee depends on vari- See: BOATS, DOCKS AND able factors within applicant's WATERWAYS knowledge ...................... 17-23 Doing business not covered by receipt; BUSINESS ADVISORY BOARD receipt obtained by false state - Composition; terms; vacancies ments void ab initio ............. 17-28 Alternate members ................... 17-72(d) Duplicate receipts.................... 17-27 Composition ......................... 17-72(a) Engaging in business without receipt Initial terms ......................... 17-72(b) or under receipt issued on false Subsequent terms .................... 17-72(c) statements ..................... 17-32 Created ................................ 17-71 How tax construed as to specified profes- Mission; duties ......................... 17-74 sions ........................... 17-21 Organization ........................... 17-73 Issuance of receipt; duration; half-year BUSINESS REGULATIONS receipt; when due and payable ... 17-19 Ambulances ............................ 17-50, 17-51 Marking of commercial vehicles ....... 17-33.1 Business advisory board ................ 17-71 et seq. Receipt to be posted or carried ........ 17-26 See: BUSINESS ADVISORY BOARD Special permit for nonprofit enterprise 17-22 Businesses located outside village limits Suspension or revocation of receipt; Application for certificate of regulation 17-34.2 refund of fee .................... 17-30 Certificate of business regulation Transfer of receipts to new location ... 17-25 required; basis of one year ....... 17-34 Transfer of receipts to new owner ..... 17-24 Commercial vehicles, marking of...... 17-34.13 Peddlers and solicitors .................. 17-81 et seq. Compliance by principal deemed compli- See: PEDDLERS AND SOLICITORS ance by agent ................... 17-34.8 Simulated gambling devices ............. 17-40 et seq. Delinquency penalty ................. 17-34.4 See: SIMULATED GAMBLING Doing business not covered by certificate DEVICES of regulation .................... 17.34-7 Wellfield protection Duplicate certificates of regulation .... 17-34.6 Regulation of business activities with Duration ............................ 17-34.3 potential to contaminate land and False statements water resources ................. 19-221 Certificate obtained void ab initio .. 17-34.7 Zoning Engaging in business without Location of business for retail sales of certificate of regulation or under alcoholic beverages .............. 45-20(2), certificate issued on .......... 17-34.11 - 45-36.N Fee exemptions ...................... 17-34.10 C-3 Regional Business District ..... 45-34.1(9) Supp. No. 67 2939 NORTH PALM BEACH CODE Section C CABLE TELEVISION. See: TELEVISION CAMPING Recreational vehicles and trailers; park- ing on residential property restricted in R-1 and R-2 residential zoning districts ........................... 18-35.1 Unauthorized lodging and camping ...... 19-11 CANALS Construction requirements .............. 5-56 et seq. See: BOATS, DOCKS AND WATERWAYS CATS Regulations enumerated ................ See: ANIMALS AND FOWL CERTIFICATES Appearance code; certificate of appropriate- ness.............................. See: BUILDINGS Boats, docks and waterways; unlawfully anchored or moored vessels Unclaimed vessel to be sold; certifica- tion of sale ..................... Businesses located outside village limits, certificate of business regulations re See: BUSINESS REGULATIONS Emergency medical services ............. Historic site overlay district; certificate of appropriateness ................... CIVIL DISORDERS AND DISTURBANCES. See: EMERGENCY MANAGEMENT 4-24 et seq. 6-56 et seq. 5-22 17-34 et seq. 11.5-21 45-37(H) CLERK Department of records, provisions re vil- lage clerk and deputy village clerk.. 2-67 et seq. See: DOCUMENTS AND PUBLIC RECORDS CLUBS Country club ........................... See: COUNTRY CLUB CODE ENFORCEMENT, ALTERNATE METHOD OF Codes to be enforced by citation ......... Failure to accept citation ................ Form and contents of citation ........... Issuance of citations ................... . Provisions additional and supplemental. . Right to hearing; maximum penalty ..... 9-1 et seq. CODE ENFORCEMENT (Cont'd.) Definitions ............................. Enforcement procedure ................. Fines; liens Appeal.............................. Copies of orders imposing fines ....... Determination of amount of fine ...... Duration of lien ...................... Generally ............................ Notices .............................. Reduction of fine ..................... Provisions supplemental ................ Special magistrates Appointment ......................... Power and authority ................. Powers of ............................ Qualifications ........................ CODE OF ORDINANCES* Altering Code .......................... Amendments ........................... Catchlines ............................. Court cost Assessment of additional court costs for criminal justice education expenditures .................... Definitions and rules of construction.... . Designated and cited ................... References to chapters or sections ....... Repeal of ordinances, effect of ........... Severability of parts ......... ......... . Village clerk, duties re recording ordinances Village logo ............................ Violations, penalty and prosecution costs. COIN-OPERATED AMUSEMENTS Proximity to schools restricted .......... COMBAT AUTO THEFT. (CAT) Establishment, regulations .............. COMMITTEES, COMMISSIONS. See: DEPARTMENTS AND OTHER AGEN- CIES OF VILLAGE CODE ENFORCEMENT COMMUNICATIONS Actions for money judgments Communications services ............... Limitation ........................... See: COMMUNICATIONS SERVICES 2-253 Telecommunications service tax ......... 2-255 See: TAXATION 2-252 2-176 2-251 COMMUNICATIONS SERVICES 2-256 Appeals ................................ 2-254 Compliance with other laws; police power Conditional use of public rights-of-way... CODE ENFORCEMENT Actions for money judgments Limitation ........................... 2-182 Alarm regulations, enforcement re ....... 19-217 Applicability ........................... 2-173 Conduct of hearing ..................... 2-176 Declaration of legislative intent ......... 2-171 Supp. No. 67 2940 Section 2-172 2-175 2-180 2-178(d) 2-178(b) 2-179 2-178(a) 2-181 2-178(c) 2-183 2-174(a) 2-174(b) 2-177 2-174(c) 1-7 1-6 1-3 1-9 1-2 1-1 1-3 1-4 1-5 2-67(3) 1-10 1-8 19-4 18-19 29-1 et seq. 26-51 et seq. 29-8 29-11 29-9 *Note—The adoption, amendment, repeal, omissions, effec- tive date, explanation of numbering system and other mat- ters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. CODE INDEX Supp. No. 67 2941 Section Section COMMUNICATIONS SERVICES (Cont'd.) COURTS Construction bond ...................... 29-14 Court cost Definitions ............................. 29-3 Assessment of additional court costs for Enforcement remedies .................. 29-16 criminal justice education Force majeure .......................... 29-17 expenditures.................... 1-9 Insurance; surety; indemnification ....... 29-13 Intent and purpose ..................... 29-2 D Involuntary termination of registration .. 29-10 No liability or warranty ................. 29-19 DECALS Pass-through provider fees and charges.. 29-20 Combat Auto Theft (CAT) ............... 18-19 Placement or maintenance of a communica- DEPARTMENTS AND OTHER AGENCIES tions facility or a wireless communica- OF VILLAGE tions facility in public rights-of-way 29-6 Administrative code .................... 2-39 et seq. Registration ............................ 29-4 See: ADMINISTRATIVE CODE Reservation of rights ................... 29-18 Appearance board. See: APPEARANCE Security fund ........................... 29-15 PLAN (Appendix A) Suspension or denial of permits ......... 29-7 Audit committee ........................ 2-56 et seq. Telecommunications service tax ......... 26-51 et seq. See: AUDITS See: TAXATION Boards and committees ................. 2-1 Title ................................... 29-1 Business advisory board ................ 17-71 et seq. Transfer of control; sale or assignment... 29-12 See: BUSINESS ADVISORY BOARD Underground installation; damage to vil- Code enforcement ...................... 2-171 et seq. lage facilities; emergencies; abandon- Community development department .... 2-111 et seq. ment .............................. 29-5 See: COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT DEPART DEPARTMENT MENT Finance, department of ................. 2-59 Buildings See: FINANCES Appearance code Fire and police retirement board of trustees 2-164 et seq. Certificate of appropriateness See: PENSIONS AND RETIREMENT Follow-up by community develop- Fire rescue department ................. 2-81 et seq. ment department .......... 6-60 See: FIRE RESCUE DEPARTMENT Director's duties ........................ 2-111 General employees retirement board..... 2-151 et seq. Divisions See: PENSIONS AND RETIREMENT Code compliance ..................... 2-112(2) Golf advisory board ..................... 9-16 et seq. Permits and inspections .............. 2-112(1) See: GOLF ADVISORY BOARD Planning ............................ 2-112(3) Law enforcement, department of (police department) ....................... 2-75,2-76 COMPUTATION OF TIME See: LAW ENFORCEMENT, DEPART- EPARTDefinitions Definitionsand rules of construction..... 1-2 MENT OF (POLICE DEPART- MENT) CONCURRENCY MANAGEMENT Library board .......................... 16-16 et seq. Provisions enumerated .................. 21-41 et seq. Library, department of.................. 2-93 See: PLANNING AND DEVELOPMENT Meetings of boards and commissions; COUNCIL. See: VILLAGE COUNCIL adjournment of .................... 2-3 Meetings of specific boards, etc. See COUNTRY CLUB specific subjects Finances Planning and development board of adjust - Delinquent accounts; penalties ........ 9-32 ment .............................. 21-21 Golf advisory board ..................... 9-16 et seq. Planning commission ................... 21-11, 21-12 See: GOLF ADVISORY BOARD Public works, department of ............. 2-84,2-85 Premises See: PUBLIC WORKS DEPARTMENT Disfiguration and/or removal of build- Records, department of ................. 2-67 et seq. ing or other property ............ 9-1(1) See: DOCUMENT AND PUBLIC Enforcement ......................... 9-2 RECORDS Hours ............................... 9-1(2) Recreation department.................. 2-110 Signs ................................ 9-2 Recreation advisory board ............ 20-61 et seq. Violations and penalties .............. 9-2 See: PARKS, PLAYGROUNDS AND RECREATION COUNTY Reserve police force ..................... 23-42 et seq. Definitions and rules of construction..... 1-2 See: POLICE Supp. No. 67 2941 DEPARTMENTS AND OTHER AGENCIES OF VILLAGE (Cont'd.) Village council .......................... Waterways board ....................... DEVELOPMENTS. See: PLANNING AND DEVELOPMENT DISABLED AND HANDICAPPED PERSONS Applicability of dog prohibitions to guide and service dogs ................... Parking violations re handicap spaces ... DISTRICTS Zoning regulations ...................... See: ZONING (Appendix C) DISTURBANCES. See: CIVIL DISORDERS AND DISTURBANCES DOCKS. See: BOATS, DOCKS AND WATERWAYS DOCUMENTS AND PUBLIC RECORDS Department of records Deputy village clerk Appointment ...................... Duties ............................ Village clerk; duties Election records, keeping.......... . Expiration of term, notice of....... . Official seal, keeping .............. Record ordinances ................. Village council Keep records of council .......... Public council action ............ Serve as clerk of council ......... Vital statistics, keeping ............ Village clerk and deputy village clerk. See herein: Department of Records DOGS Regulations enumerated ................ See: ANIMALS AND FOWL DRAINAGE Property maintenance standards Exterior of structures ................ Roofs and drainage ................ Stormwater management ............... See: STORMWATER MANAGEMENT Subdivision design standards re ease- ments and rights-of-way ........... Zoning; surface water management C-3 Regional Business District ........ NORTH PALM BEACH CODE Section Section 17-50, 17-51 ELECTIONS (Cont'd.) 29-5 Emergency management ................ Candidacy See: EMERGENCY MANAGEMENT 2-16 et seq. Candidates for office; qualifying....... 10-5 5-102 et seq. Preservation of notice of candidacy.... 10-6 11.5-23 Conduct of elections .................... 10-6 Generally ............................ Early voting ............................ 10-7 2-81 et seq. General elections, notice of .............. 10-3 Water shortage emergencies ............. Polling locations See: WATER SHORTAGE EMERGEN- Designated .......................... 10-76 4-27(d) Special elections HEDGES AND ENCLOSURES 18-37 Notice of ............................. 10-4 When held ........................... 10-2 State laws 45-16 et seq. Applicable state laws adopted......... 10-1 Voting machines may be used; state law applicable ...................... 10-7 Village clerk, duties re keeping election records ............................ 2-67(5) Voting machines may be used; state law applicable ......................... 10-7 2-68 2-69 2-67(5) 2-67(7) 2-67(8) 2-67(3) 2-67(2) 2-67(4) 2-67(1) 2-67(6) 4-24 et seq. 15-3 15-3(g) 21-61 et seq. 36-22(b) 45-34.1(8) DROUGHT Water shortage emergencies ............. 19-200 et seq. See: WATER SHORTAGE EMERGEN- CIES E ELECTIONS ELECTRICAL CODE Amendments, corrections, additions ..... 11-12 Code enforcement, applicability re ....... 2-173 EMERGENCIES Ambulances ............................ 17-50, 17-51 Communications services ............... 29-5 Emergency management ................ 8-1 et seq. See: EMERGENCY MANAGEMENT Emergency medical services 8-21 Fees 8-5 Billing and collection .............. 11.5-23 Establishment ..................... 11.5-22 Generally ............................ 11.5-21 Fire rescue department ................. 2-81 et seq. See: FIRE RESCUE DEPARTMENT 8-4 Water shortage emergencies ............. 19-200 et seq. See: WATER SHORTAGE EMERGEN- CIES Supp. No. 67 2942 EMERGENCY MANAGEMENT Applicability ........................... 8-2 Civil disorders and disturbances Declaration of a state of emergency ... 8-22 Mayor designated local authority for preservation of public peace ..... 8-21 Declaration of a state of emergency...... 8-5 Definitions ............................. 8-1 Emergency management structure....... 8-3 Exempt employee emergency duty Compensation ....................... 8-31 Powers, duties and responsibilities ...... 8-4 Termination of a state of emergency ..... 8-6 EMPLOYEES. See: OFFICERS AND EMPLOYEES ENCLOSURES. See: FENCES, WALLS, HEDGES AND ENCLOSURES CODE INDEX Section EROSION CONTROL STRUCTURES Construction regulations ................ 5-93 et seq. See: BOATS, DOCKS AND WATERWAYS EXCAVATIONS Bulkhead lines ......................... See: BULKHEAD LINES Stormwater management ............... See: STORMWATER MANAGEMENT EXCRETA Dog waste, removal provisions re ........ F FENCES, WALLS, HEDGES AND ENCLOSURES Landscaping ........................... See: LANDSCAPING Swimming pool requirements........... . FERTILIZER -FRIENDLY USE ORDINANCE Applicability ........................... Definitions ............................. Enforcement; penalties; appeals ......... Appeals............................. Enforcement ......................... Disposition of penalty funds .......... Penalties ............................ Exemptions ............................ Fertilizer Application practices ................. Content and application rates........ . Free zones ........................... Findings ............................... Licensing of commercial applicators ..... Management of grass clippings and vegeta- tive matter ........................ Purpose and intent ..................... Timing of fertilizer application .......... Title................................... Training ............................... FINANCES Budget procedures ...................... Country club Delinquent accounts; penalties ........ Court cost Assessment of additional court costs for criminal justice education expenditures .................... Department of finance Finance director; duties Accounts of receipts and expenditures Budget duties ..................... Cancellation of evidences of old debt Collect moneys and fees due village. Examine books .................... Financial statements .............. Fiscal supervision over officers ..... Keep accounts ..................... 7-1 et seq 21-61 et seq 4-31,4-32 27-31 et seq. 25-5 27-75 27-72 27-84 27-84(d) 27-84(a) 27-84(c) 27-84(b) 27-81 27-79 27-78 27-77 27-73 27-83 27-80 27-74 27-76 27-71 27-82 6s, 9-32 1-9 2-59(8) 2-59(2) 2-59(9) 2-59(12) 2-59(6) 2-59(3) 2-59(5) 2-59(4) Supp. No. 67 2943 FINANCES (Cont'd.) Pay village employees .............. Prescribe form ..................... Receive and disburse moneys...... . Responsibility for proceeds of bonds Emergency management Exempt employee emergency duty Compensation ..................... Investment policy of the village ......... Pensions and retirement. See also that subject Length of service award plan for volunteer firefighters............ Pension and certain other benefits for fire and police employees ........ Pension and certain other benefits for general employees .............. Planning and development; filing fees and cost for changes ................... Social security .......................... See: SOCIAL SECURITY Taxation. See that subject Village manager ........................ FINES, FORFEITURES AND OTHER PENALTIES Code enforcement; fines and liens ....... Code of ordinances, provisions re general penalty, continuing violations, and prosecution costs .................. Parking violation ....................... Pension and certain other benefits for fire and police employees Board of trustees for; forfeiture of membership on board for absentee- ism............................. Contributions; forfeitures ............. FIRE PREVENTION AND PROTECTION Barbecue grills and similar cooking devices Code enforcement, applicability re ....... Fire rescue department ................. See: FIRE RESCUE DEPARTMENT Florida fire prevention code Adopted by reference ................. Annual fire inspection and establish- ment of fee schedule ............ Review of construction plans and fire suppression, detection and alarm systems and establishment of fee schedule ........................ Hazardous substances, cost recovery for cleanup, abatement and removal of Authority of public safety fire rescue department ..................... Cost reimbursement to village ........ Definitions .......................... Exceptions for fire suppression services Late fee for failure to reimbursement . Records .............................. Remedies ............................ Section 2-59(11) 2-59(1) 2-59(10) 2-59(7) 8-31 2-4 2-170 et seq. 2-159 et seq. 2-146 et seq. 21-1,21-2 2-136 et seq. 2-118 2-178 1-8 18-37, 18-38 2-164(b) 2-163(d) 19-10 2-173 2-81 et seq. 12-16 12-17 12-18 12-102 12-103 12-101 12-105 12-106 12-104 12-107 NORTH PALM BEACH CODE Supp. No. 67 2944 Section Section FIRE PREVENTION AND PROTECTION FLOOD DAMAGE PREVENTION (Cont'd.) (Cont'd.) General ........................... 12.5-3(b) Pension and certain other benefits for fire Inspections ........................ 12.5-3(g) and police employees .............. 2-159 et seq. Modifications of the strict applica- See: PENSIONS AND RETIREMENT tion of the requirements of the Volunteer firefighters, length of service Florida Building Code ........ 12.5-3(e) award plan for .................... 2-170 et seq. Notices and orders................. 12.5-3(f) See: PENSIONS AND RETIREMENT Other duties of the Floodplain Administrator ................ 12.5-3(h) FIRE RESCUE DEPARTMENT Substantial improvement and Composition ............................ 2-83 substantial damage determina- Emergency medical services ............. 11.5-21 et seq. tions ......................... 12.5-3(d) See: EMERGENCIES Inspections .......................... 12.5-6 Fire chiefs duties ....................... 2-81 Buildings, structures and facilities Functions .............................. Disaster 2-82 2-82(6) exempt from the Florida Build - response .................... Emergency medical services .......... 2-82(5) ing Code ..................... 12.5-5(c) Fire fighting ......................... 2-82(3) Final inspection................. 12.5-5(e) Fire prevention ...................... 2-82(4) Lowest floor inspection .......... 12.5-5(d) Maintain equipment ................. 2-82(2) Development other than buildings Report losses ........................ 2-82(1) and structures................ 12.5-5(b) Interference with police and fire rescue General ........................... 12.5-5(a) department telephone trunk lines Manufactured homes .............. 12.5-5(f) prohibited ......................... 19-215 Permits.............................. 12.5-4 Application for a permit or approval... 12.5-4(d) FIREARMS AND WEAPONS Buildings, structures and facilities Concealed weapons, carrying p � g ' 19-184 exempt from the Florida Build - Forfeiture; disposition ................... 19-186 ing Code ..................... 12.5-4(c) Possession ............................. 19-183 Expiration ........................ 12.5-4(f) Sales restricted Record of sales required .............. 19-185(c) Floodplain development permits or Specified weapons, display and sale of. 19-185(b) approvals .................... 12.5-4(b) Switchblade knives prohibited ........ 19-185(a) Other permits required ............ 12.5-4(h) Stench bombs prohibited ................ 19-82 Permits required .................. 12.5-4(a) See: STENCH BOMBS Suspension or revocation........... 12.5-4(g) Validity of permit or approval ...... 12.5-4(e) FLOOD DAMAGE PREVENTION Site plans and construction documents 12.5-5 Administration Additional analyses and certifica- General provisions ................... 12.5-1 tions......................... 12.5-5(c) Coordination with the Florida Build- Information for development in flood ing Code ..................... 12.5-1(d) hazard areas................. 12.5-5(a) Disclaimer of liability .............. 12.5-1(f) Information in flood hazard areas Intent ............................. 12.5-1(c) without base flood elevations.. 12.5-5(b) Scope ............................. 12.5-1(b) Submission of additional data ...... 12.5-5(d) Title .............................. 12.5-1(a) Variances and appeals................ 12.5-7 Warning .......................... 12.5-1(e) Appeals........................... 12.5-7(b) Applicability ......................... 12.5-2 Abrogation and greater restrictions. 12.5-2(f) Conditions for issuance of variances 12.5-7(h) Areas to which chapter applies ..... 12.5-2(b) Considerations for issuance of vari- Basis for establishing flood hazard antes ........................ 12.5-7(g) areas ........................ 12.5-2(c) Functionally dependent uses ....... 12.5-7(f) General ........................... 12.5-2(a) General........................... 12.5-7(a) Interpretation ..................... 12.5-2(g) Historic buildings ................. 12.5-7(e) Other laws ........................ 12.5-2(e) Limitations on authority to grant Submission of additional data to variances .................... 12.5-7(c) establish flood hazard areas... 12.5-2(d) Restrictions in floodways........... 12.5-7(d) Duties and powers of the floodplain Violations ........................... 12.5-8 administrator ................... 12.5-3 Authority ......................... 12.5-8(b) Applications and permits........... 12.5-3(c) Penalties for noncompliance ........ 12.5-8(d) Designation ....................... 12.5-3(a) Unlawful continuance.............. 12.5-8(c) Floodplain management records .... 12.5-3(i) Violations ......................... 12.5-8(a) Supp. No. 67 2944 CODE INDEX Supp. No. 67 2945 Section Section FLOOD DAMAGE PREVENTION (Cont'd.) FLOOD DAMAGE PREVENTION (Cont'd.) Definitions Tanks ............................... 12.5-36 General ............................. 12.5-21 Above -ground tanks Definitions ........................ 12.5-21(d) Elevated........................ 12.5-35(c) Scope ............................. 12.5-21(a) Not elevated.................... 12.5-35(b) Terms Tank inlets and vents .............. 12.5-35(d) Defined in the Florida Building Underground tanks ................ 12.5-35(a) Code ...................... 12.5-21(b) Not defined ..................... 12.5-21(c) FLORIDA, STATE OF. See: STATE Flood resistant development FOLLOWING, PRECEDING Buildings and structures ............. 12.5-31 Definitions and rules of construction..... 1-2 Buildings and structures seaward of the coastal construction control FOOD AND FOOD PREPARATION line .......................... 12.5-31(b) Barbecue grills and similar cooking devices 19-10 Critical facilities ................... 12.5-31(c) FORFEITURES. See: FINES, Design and construction of build- FORFEITURES AND OTHER PENAL- ings, structures and facilities TIES exempt from the Florida Build- ing Code .................... 12.5-31(a) FOWL. See: ANIMALS AND FOWL Manufactured homes ................. 12.5-34 Anchoring. 12.5-34(c) FRANCHISES Elevation ......................... 12.5-34(d) Enumerated. See Appendix D General requirement ............ 12.5-34(e) Use of rights-of-way for utilities ......... 28-1 et seq. Requirement for certain existing See: UTILITIES manufactured home parks and subdivisions ........... 12.5-34(f) G Enclosures ........................ 12.5-34(g) GAMBLING Foundations ....................... 12.5-34(b) Animals, causing to fight................ 4-8 General ........................... Utility equipment ................. 12.5-34(a) 12.5-34(h) Simulated gambling devices ............. 17-40 et seq. Other development ................... 12.5-37 See: SIMULATED GAMBLING Concrete slab uses in coastal high DEVICES hazard areas ................. 12.5-37(e) GARAGE AND OTHER SALES Decks and patios in coastal high Garage sales ........................... 17-61 hazard areas ................. 12.5-37(f) Permit required ........................ 17-62 Fences in regulated floodways ...... 12.5-37(b) Violations and penalties ................ 17-63 General requirements for other development ................. 12.5-37(a) GARBAGE AND TRASH Nonstructural fill in coastal high Abatement of public nuisances on private hazard areas ................. 12.5-37(h) property .......................... 14-79 et seq. Other development in coastal high See: NUISANCES hazard areas ................. 12.5-37(g) Boats; refuse disposal................... 5-12 Retaining walls, sidewalks and Garbage collection and disposal driveways in regulated flood- Charges ways ......................... 12.5-37(c) Commercial use property waste Roads and watercourse crossings in disposal fees and collection regulated floodways........... 12.5-37(d) procedures ................... 14-30 Recreational vehicles and park trailers 12.5-35 Fee for excess amounts from com- Permanent placement .............. 12.5-35)b) mercial establishments ....... 14-28 Temporary placement .............. 12.5-35(a) Generally ......................... 14-27 Site improvements, utilities and limita- When and where paid .............. 14-29 tions ........................... 12.5-33 Definition ........................... 14-23 Limitations on Frequency of collection ............... 14-26 Placement of fill ................ 12.5-33(e) Garbage cans Sites in coastal high hazard areas 12.5-33(f) Kept covered ...................... Required .......................... 14-25 14-24 Sites in regulatory floodways .... 12.5-33(d) Landscaping; refuse container areas ..... 27-41 Minimum requirements ............ 12.5-33(a) public works department Subdivisions ......................... 12.5-32 Refuse disposal division .............. 2-85(2) Minimum requirements ............ 12.5-32(a) Subdivision plats .................. 12.5-32(b) GATHERINGS. See: ASSEMBLIES Supp. No. 67 2945 GENDER Definitions and rules of construction.... . GOLF ADVISORY BOARD Composition and terms ................. Composition ......................... Officers .............................. Terms............................... Creation ............................... Duties................................. Meetings ............................... GUNS. See: FIREARMS AND WEAPONS H NORTH PALM BEACH CODE Section HOME OCCUPATIONS (Cont'd.) 1-2 Definitions ............................. Effective date .......................... Local business tax. See also that subject 9-17 Generally ............................ 9-17(a) Home occupation provisions 9-17(c) Affidavit of applicant required..... . 9-17( Appeals ........................... 9-166 Requirement of business tax receipt 9-19 Permitted uses, home occupations as .... 9-18 Repeal of ordinances .................... Standards .............................. Violation of standards or conditions deemed a Code violation ................... HANDBILLS Distribution restricted .................. 19-7 HANDGUNS. See: FIREARMS AND WEAPONS HANDICAPPED PERSONS. See: DISABLED AND HANDICAPPED PERSONS HAZARDOUS SUBSTANCES Recovery of costs for cleanup, abatement and removal ....................... 12-101 et seq. See: FIRE PREVENTION AND PROTECTION HEALTH AND SANITATION Abatement of public nuisances on private property .......................... See: NUISANCES Animals and fowl, provisions re ......... See: ANIMALS AND FOWL Bathing regulations Diseased persons prohibited from bath- ing in public pool, etc........... . Boats, docks, etc., provisions re.......... See: BOATS, DOCKS AND WATERWAYS Code enforcement, applicability re ....... Garbage and trash .................. . . See: GARBAGE AND TRASH Park and recreation facilities; failure to cooperate in keeping restrooms neat or sanitary ........................ Property maintenance standards Exterior property areas ............... Sanitation ......................... Rabies control .......................... See: ANIMALS AND FOWL HEDGES. See: FENCES, WALLS, HEDGES AND ENCLOSURES HITCHHIKING Prohibitions ............................ HOME OCCUPATIONS Customer service requirements and performance standards ............. 14-79 et seq. 4-11 et seq. 19-3 5-10 et seq. 2-173 14-23 et seq. 20-2 15-2 15-2(a) 4-42 et seq. 19-6 17-2 HOUSING Abandoned real property ................ See: PROPERTY Boats, docks and waterways Live aboard boats .................... Minimum housing standards ............ See: PROPERTY Property maintenance standards ........ See: PROPERTY HOUSING CODE Adopted by reference ................... Amendments ........................... Code enforcement, applicability re ....... I IMPERSONATION Impersonating police officer; fireman or other village official ............... IMPOUNDMENT Boats, docks and waterways; unlawfully anchored or moored vessels Department of law enforcement to impound ...................... Owner to be notified upon impound- ment........................... Dogs and cats .......................... INDECENCY AND OBSCENITY Adult entertainment establishments Zoning regulations re. See: ZONING (Appendix C) Alcoholic beverage establishments; nudity, partial nudity, sexual conduct prohibited ......................... Topless costumes ....................... Vulgar language ........................ Window peeping ........................ INSURANCE EXCISE TAXES Casualty insurance premiums ........... Property insurance premiums ........... INTRACOASTAL WATERWAY Marine sanctuary, designation as ........ Supp. No. 67 2946 Section 17-3(b) 17-3(i) 17-16 et seq. 17-3(e) 17-3(g) 17-3(c) 17-3(a) 17-3(h) 17-3(d) 17-3(f) 15-11 et seq. 5-15,5-25 15-27 et seq. 15-1 et seq. 15-1 15-2 2-173 19-8 5-19 5-20,5-21 4-30 3-4 19-64 19-65 19-66 26-16 26-17 5-101 CODE INDEX Section Section INVESTMENTS LANDSCAPING (Cont'd.) Investment policy of the village ......... 2-4 Improved nonresidential properties in existence on September 23, 1971 J Applicable requirements .............. 27-40(b) Exceptions ........................... 27-40(c) JOINT AUTHORITY Objectives ........................... 27-40(a) Definitions and rules of construction..... 1-2 Planning commission, submission of plans to ........................ 27-40(d) K Objectives .............................. 27-32 Off-street parking landscape manual .... 27-38 KNIVES. See: FIREARMS AND WEAPONS Plot use plan approval prerequisite to issuance of permits for building and L paving ............................ 27-37 Property maintenance standards LAKE WORTH Exterior property areas ............... 15-2 Marine sanctuary, designation as ........ 5-101 Landscaping ...................... 15-2(c) Regulations governing construction of Refuse container areas .................. 27-41 docks, piers in Lake Worth and Scope; applicability ..................... 27-34 Atlantic Ocean .................... 5-85 Zoning ordinance, conflict with .......... 27-39 LAND LAW ENFORCEMENT, DEPARTMENT OF Buildings; construction on public land (POLICE DEPARTMENT) prohibited ......................... 6-1 Boats, docks and waterways; unlawfully Planning and development .............. 21-01 et seq. anchored or moored vessels See: PLANNING AND DEVELOPMENT Department of law enforcement to Subdivision regulations ................. 36-1 et seq. impound........................ 5-19 See: SUBDIVISIONS (Appendix B) Chief of police's duties .................. 2-75 LANDSCAPING Composition ............................ 2-76 Accessways ............................. 27-36 Generally............................ 2-76(a) Appearance plan (Appendix A). See that Operations division .................. 2-76(b) subject Operations support division........... 2-76(c) Application of provisions; enforcement ... 27-33 LIBRARY Certain yard areas, off-street parking and Damaging property unlawful ............ 16-1 other vehicular use areas Department of library Existing plant material ............... 27-67 Librarian ............................ 2-93 Installation .......................... 27-60 Library board Maintenance ......................... 27-61 Appointment......................... 16-17 Parking area interior landscaping..... 27-65 Compensation, service without........ 16-20 Perimeter landscaping relating to abut- Composition ......................... 16-17 ting properties .................. 27-64 Established.......................... 16-16 Plant material -- Meetings ............................ 16-23 Ground covers ..................... 27-62(e) Organization......................... 16-21 Lawn grass ....................... 27-62(f) Powers and duties.................... 16-22 Quality ........................... 27-62(a) Qualifications........................ 16-19 Shrubs and hedges ................ 27-62(c) Removal from office .................. 16-24 Tree species ....................... 27-62(b) Term of office........................ 16-17 Vines ............................. 27-62(d) Vacancies............................ 16-18 Required landscaping adjacent to public rights-of-way ................... 27-63 LICENSES AND PERMITS Scope, applicability ................... 27-59 Alarm permit .......................... 19-208 et seq. Sight distance adjacent to public rights- See: ALARMS of -way and points of access ...... 27-66 Boat launching area permits ............ 5-34 Certificate of completion ................ 27-35 Bulkhead lines; filling permit ........... 7-16 et seq. Code enforcement, applicability re ....... 2-173 See: BULKHEAD LINES Completed landscaping required for Bulkheads and seawalls ................. 5-72 certificate of use and occupancy .... 27-37 Code enforcement, applicability re ....... 2-173 Definitions ............................. 27-31 Communications services Fertilizer use ........................... 27-71 et seq. Suspension or denial of permits ....... 29-7 See: FERTILIZER -FRIENDLY USE - Community development department ORDINANCE Permits and inspections .............. 2-112(1) Supp. No. 67 2947 NORTH PALM BEACH CODE Supp. No. 67 2948 Section Section LICENSES AND PERMITS (Cont'd.) MEASURES. See: WEIGHTS AND Driveways. See herein: Sidewalk and MEASURES Driveway Permits Emergency medical services ............. 11.5-21 MEDICAL SERVICES Flood damage prevention development Emergency medical services ............. 11.5-21 et seq. permit ............................ 12.5-22 See: EMERGENCIES Garage, related sales ................... 17-62 Home occupations. See also that subject MEETINGS. See: ASSEMBLIES Generally ............................ 17-16 et seq. MISSILES, STONES, ETC. Business tax receipt for home occupa- Throwing missiles ...................... 19-83 tions ......................... 17-3(c) et seq. Park and recreation facilities; meeting MONTH and gathering permits ............. 20-31 et seq. Definitions and rules of construction..... 1-2 See: PARKS, PLAYGROUNDS AND RECREATION MONUMENTS Peddlers and solicitors permit ........... 17-83 et seq. Subdivisions, required improvements re . 36-27 See: PEDDLERS AND SOLICITORS Seawalls. See herein: Bulkheads and MOTOR VEHICLES AND TRAFFIC Seawalls Ambulances ............................ 17-50,17-51 Sidewalk and driveway permits ......... 24-55 et seq. Businesses located outside village limits; See: STREETS, SIDEWALKS AND marking of commercial vehicles .... 17-34.13 PUBLIC PLACES Combat Auto Theft (CAT) ............... 18-19 Street excavation permits ............... 24-28, 24-29 Discarded vehicles, etc.) Swimming pool permits ................. 25-3 Abatement of public nuisances on private Utilities property ........................ 14-79 et seq. Use of rights-of-way for utilities; writ- See: NUISANCES ten permit ...................... 28-2,28-3 Hitchhiking prohibited.................. 19-6 LOCAL BUSINESS TAX Local business tax; marking of com- Regulations enumerated ................ 17-16 et seq. mercial vehicles ................... 17-33.1 See: BUSINESS REGULATIONS Motorized scooters ...................... 18-20 Park regulations re traffic ............... 20-5 LODGING Parking. See herein: Stopping, Standing Unauthorized lodging and camping ...... 19-11 and Parking LOGO Property maintenance standards Village logo ............................ 1-10 Exterior property areas............... 15-2 Motor vehicles ..................... 15-2(i) LOTS Stopping, standing and parking Subdivision design standards............ 36-18 Boats and boat trailers; parking on Zoning regulations ...................... 45-1 et seq. residential property restricted in See: ZONING (Appendix C) R-1 and R-2 residential zoning districts ........................ 18-35 M Definitions .......................... 18-33 MANAGER. See: VILLAGE MANAGER Parking restricted .................... 18-34 Recreational vehicles and trailers; park - MANGROVE STANDS ing on residential property Flood damage prevention provisions ..... 12.5-45 restricted in R-1 and R-2 residential zoning districts ...... 18-35.1 MAPS. See: SURVEYS, MAPS AND PLATS Signs, parking in violation of ......... 18-36 MARINE SANCTUARIES Vehicle, trailer or boat parking Designated ............................. 5-101 prohibited upon paved or unpaved area of the road right-of-way of MAY, SHALL specific roadways ............... 18-34.1 Definitions and rules of construction..... 1-2 Violations; fines MAYOR Handicap spaces ................... 18-37 Civil disorders and disturbances Non -handicap spaces .............. 18-38 Mayor designated local authority for Vehicular operation preservation of public peace ..... 8-21 Speed limits Village council; presiding officer at meet- Generally ......................... 18-16 ings ............................... 2-18 Weight limitations on certain roads ... 18-18 Supp. No. 67 2948 CODE INDEX Section Section N OFFICERS AND EMPLOYEES Administrative code .................... 2-39 et seq. NOISE CONTROL See: ADMINISTRATIVE CODE Definitions ............................. 19-99 Chief of police's duties .................. 2-75 Dissemination of information............ 19-106 Definitions and rules of construction..... 1-2 Enforcement ........................... 19-104 Elections...........................:... 10-1 et seq. Exemptions ............................ 19-101 See: ELECTIONS Permissible time for construction activity 19-105 Prohibition against Emergency management Speakers in rights-of-way and air space 19-102 Exempt employee emergency duty Unreasonable noise .................. 19-100 Compensation ..................... 8-31 Radios or other mechanical sound -making Finance director ........................ 2-59 devices or instruments in vessels, Fire chief s duties ....................... 2-81 operation of ....................... 19-103 Golf advisory board ..................... 9-16 et seq. See: GOLF ADVISORY BOARD NUDITY Impersonating village official............ 19-8 Topless costumes prohibited ............. 19-64 Librarian .............................. 2-93 Mayor ................................. 2-18,8-16 NUISANCES Pensions and retirement. See also thatsubject Abandoned real property ................ 15-11 et seq. See: PROPERTY Length of service award plan for Abatement public nuisances on private volunteer firefighters ............ 2-170 et seq. property Pension and certain other benefits for Abatement of public nuisance ......... 14-82 fire and police employees ........ 2-159 et seq. Assessment of costs and imposition of Pension and certain other benefits for lien ............................ 14-83 general employees .............. 2-146 et seq. Definitions .......................... 14-79 Notice of public nuisance; right to request Social security ....................... 2-136 et seq. hearing ......................... 14-81 Police Uses or activities constituting a public Reserve force nuisance ........................ 14-80 Appointment to service by chief of Animals creating nuisances ............. 4-12 police ........................ 23-45 False alarms Public works director ................... 2-84 Excessive false alarms declared public Recreation director ..................... 2-110 nuisance ........................ 19-212 Social security.......................... 2-136 et seq. Panhandling ........................... 19-12 See: SOCIAL SECURITY Rabid animals declared nuisance ........ 4-42 Village clerk and deputy village clerk.... 2-67 et seq. See: DOCUMENTS AND PUBLIC NUMBER RECORDS Definitions and rules of construction..... 1-2 Village manager ........................ 2-115 et seq. See: VILLAGE MANAGER O OFFICIAL TIME OATH, AFFIRMATION, SWEAR OR SWORN Definitions and rules of construction..... 1-2 Administrative code, provisions re oaths of office ........................... 2-41 OPEN SPACES. See: YARDS AND OPEN Definitions and rules of construction..... 1-2 SPACES General employees retirement board; oaths ORDINANCES. See: CODE OF of office ........................... 2-154 ORDINANCES Reserve police force; oath required....... 23-47 OWNER OBSCENITY. See: INDECENCY AND Definitions and rules of construction..... 1-2 OBSCENITY OBSTRUCTIONS P Passageways, obstructing ............... 19-47 PALM BEACH COUNTY. See: COUNTY OFFENSES Definitions ............................. 19-1 PARKING Enumerated ............................ 19-3 et seq. Boat launching area See also specific offenses as indexed Vehicle/trailer parking in designated State misdemeanors adopted............ 19-2 areas ........................... 5-35 Supp. No. 67 2949 NORTH PALM BEACH CODE Section PARKING (Cont'd.) Landscaping, provisions re off-street park- ing ............................... 27-38, 27-59 et seq. See: LANDSCAPING Parks; designated parking areas ......... 20-5(6) Stopping, standing and parking ......... 18-34 et seq. See: MOTOR VEHICLES AND TRAF- FIC Zoning, provisions re off-street parking .. 45-27 et seq. See: ZONING (Appendix C) PARKS, PLAYGROUNDS AND RECREATION Alcoholic beverages Consumption on playgrounds and public parks........................... Bicycles Operation in safe manner, etc........ . Operation prohibited in certain areas . Boat launching areas Vehicle/trailer parking in designated areas ........................... Buildings or structure, erecting ......... Department of recreation Director's duties Conduct community activity....... . Supervise recreation areas ......... Ejectment of violators ................... Enforcement of provisions, responsibility. Golf advisory board ..................... See: GOLF ADVISORY BOARD Hours regulated ........................ Meetings and gatherings Liability for loss or injury ............ Permit Appeal from refusal to issue....... . Application ........................ Form............................. Issuance standards ................ Required .......................... Revocation ........................ Rules and regulations, permittee bound by.............................. Property used to violate provisions, confiscation of ..................... Recreation advisory board Created ............................. Duties............................... Meetings ............................ Officers' quorum, compensation ....... Removal ............................. Terms............................... Vacancies ............................ Recreational vehicles and trailers; park- ing on residential property restricted in R-1 and R-2 residential zoning districts ........................... Restrooms, failure to cooperate in keeping neat or sanitary ................... 3-3 20-6(2) 20-6(1) 5-35 20-3 2-110(2) 2-110(1) 20-8 20-7 9-16 et seq. 20-1 20-23 20-35 20-33 20-32 20-34 20-31 20-36 20-22 20-9 20-61 20-66 20-65 20-64 20-63 20-62(b) 20-62(c) 18-35.1 20-2 PARKS, PLAYGROUNDS AND RECREATION (Cont'd.) Traffic Enforcement of traffic regulations.... . Operation confined to roads.......... . Parking areas designated ............. Signs................................ Speed of vehicles ..................... State motor vehicle laws .............. Trees Climbing trees, etc . .................. Use by public only ...................... PEDDLERS AND SOLICITORS Age restrictions ........................ Appeal................................. Definitions ............................. Enforcement ........................... Granting or rejecting application ........ License Application for ....................... Limitation on hours for peddling or solicita- tion............................... Notice by property owners .............. Permit Application for ....................... Display of ........................... Not transferable ..................... Required ............................ Revocation of ........................ Prohibited practices .................... Purpose ................................ Supp. No. 67 2950 PENALTIES. See: FINES, FORFEITURES AND OTHER PENALTIES PENSIONS AND RETIREMENT ICMA defined contribution pension plan Administrative services agreement and adoption agreements............ Creation ............................. Effective date ........................ Vesting period ....................... Length of service award plan for volunteer firefighters Benefit formula ...................... Contact person ....................... Effective date ........................ Eligibility ........................... Entitlement age ...................... Plan, name of ........................ Point system ......................... Preretirement death benefit .......... Purpose ............................. Sponsor, name of ..................... Trustee and contact person ........... Vesting provisions, schedule of ........ Village contributions ................. Section 20-5(2) 20-5(5) 20-5(6) 20-5(3) 20-5(4) 20-5(1) 20-4 20-1 17-91 17-93 17-82 17-94 17-85 17-84 17-88 17-90 17-84 17-87 17-86 17-83 17-92 17-89 17-81 2-170.14 2-170.12 2-170.15 2-170.13 2-170.6 2-170.10 2-170.3 2-170.4 2-170.5 2-170.2 2-170.11 2-170.7 2-170 2-170.1 2-170.10 2-170.8 2-170.9 CODE INDEX Section Section PENSIONS AND RETIREMENT (Cont'd.) PENSIONS AND RETIREMENT (Cont'd.) Pension and certain other benefits for fire Retirement benefit ................. 2-148(b) and police employees Retirement date ................... 2-148(a) Benefit amounts Termination of employment ........ 2-148(f) 401(a)(9) Required Distributions.... 2-161(i) Contributions Cost of living ...................... 2-161(8) Member contributions ............. 2-150(b) Disability retirement .............. 2-161(e) Other contributions................ 2-150(c) Early retirement .................. 2-161(b) Village contributions............... 2-150(a) Formula .......................... 2-161(c) Cost of living adjustment ............. 2-158 Limitation on ..................... 2-161(h) Creation of plan and trust ............ 2-146.1 Normal retirement benefit ......... 2-161(a) Definitions .......................... 2-146 Preretirement death ............... 2-161(d) Discharged members ................. 2-156(a) Termination benefits and vesting ... 2-161(f) Distribution of Benefits............. 2-156(h) Board of trustees Incompetence ........................ 2-156(d) Bring and defend lawsuits Maximum Pension Powers ......................... 2-164(e) Additional Limitation on Pension Composition ....................... 2-164(a) Benefits...................... 2-156(f)(2) Forfeiture of membership on board Section 415(b) Internal Revenue Code for absenteeism .............. 2-164(b) Limits ....................... 2-156(f)(1) Meetings .......................... 2-164(d) Membership Power and authority ............... 2-166 Reports and records ............... 2-164(c) Application for membership PP P " " " " 2-147(b) Contributions Change in designation of beneficiary 2-147(c) Employer ......................... 2-163(c) Conditions of eligibility ............ 2-147(a) Forfeitures ........................ 2-163(d) Nonassignability..................... 2-156(b) Member ........................... 2-163(a) Normal and optional forms of benefits. 2-149 State ............................. 2-163(b) Pension validity...................... 2-156(c) Creation of trust and definitions ...... 2-159 Repeal or termination of system ...... 2-155 Creation of trust .................. 2-159(a) Retirement board Definitions ........................ 2-159(b) Additional rules and regulations Direct transfers of eligible rollover authorized ................... 2-152 distribution ..................... 2-170 Established ....................... 2-151 Discharged members ................. 2-169(a) Investing funds; custodian of securi- False, misleading statements made to ties .......................... 2-153 obtain retirement benefits Oaths of office; meetings; quorum... 2-154 prohibited ...................... 2-169(f) Rollovers, direct transfers of eligible Incompetents ........................ 2-169(d) rollover distribution Insurers, tax on ...................... 2-167 Definitions........................ 2-157(b) Membership General ........................... 2-157(a) Application for membership........ 2-160(b) Mandatory distributions ........... 2-157(d) Buy-back of previous service ....... 2-160(d) Rollovers from qualified plans ...... 2-157(c) Changes in designation of beneficiary 2-160(c) Section 401(a)(17) Limitation on Conditions of eligibility ............ 2-160(a) Compensation .................. 2-156(g) Nonassignability ..................... 2-169(b) Social security.......................... 2-136 et seq. Number and gender .................. 2-169(e) See: SOCIAL SECURITY Optional forms of benefits ............ 2-162 Volunteer firefighters, length of service Pension validity2-169(c) .................... " award plan for. See herein: Length of Prior service ......................... 2-165 Service Award Plan for Volunteer Repeal or termination of plan ......... 2-168 Firefighters Tax on insurers ...................... 2-167 Pension and certain other benefits for PERMITS. See: LICENSES AND PERMITS general employees Bargaining unit employees ........... 2-156(e) PERSON Benefit amounts and eligibility Definitions and rules of construction..... 1-2 Early retirement Age ............................ 2-148(d)(1) PIERS Benefit ......................... 2-148(d)(2) Docks and piers, construction require - Late retirement ................... 2-148(c) ments re .......................... 5-81 et seq. Preretirement death ............... 2-148(e) See: BOATS, DOCKS AND Refund of contribution ............. 2-148(g) WATERWAYS Supp. No. 67 2951 NORTH PALM BEACH CODE Section Section PLANNING AND DEVELOPMENT PLANNING AND DEVELOPMENT (Cont'd.) Appearance plan (Appendix A). See that Public facility adequacy, review to subject determine .................... 21-47(c) Archaeological site protection regulations 21-101 et seq. Short title ........................... 21-41 See: ARCHAEOLOGICAL SITE Filing fees and costs for voluntary annexa - PROTECTION tion of land Board of adjustment Enactment and authority ............. 21-2(a) Composition; conduct generally Fees: application ..................... 21-2(c) Administrative orders, review of.... 21-21(d) Jurisdiction .......................... 21-2(b) Created ........................... 21-21(a) Planning commission, advice of ....... 21-2(d) Decision of administrative official, Public notice requirements for develop - appeals to board from......... 21-21(e) ment applications and approvals Hearing of appeals ................ 21-21(g) Generally............................ 21-3(a) Judicial review of decisions of board 21-21(h) Mailing requirements ................ 21-3(b) Membership; terms; alternate; Newspaper requirements ............. 21-3(d) compensation .............. 21-21(b) Posting requirements................. 21-3(c) Powers and duties ................. 21-21(c) Stormwater management ............... 21-61 et seq. Stay of work and proceedings on See: STORMWATER MANAGEMENT appeal ....................... 21-21(f) Subdivision regulations ................. 36-1 et seq. Community development department See: SUBDIVISIONS (Appendix B) Planning division .................... 2-112(3) Zoning regulations...................... 45-1 et seq. Comprehensive plan See: ZONING (Appendix C) Adoption ............................ 21-01 PLANNING COMMISSION Filing fees and costs for changes Composition; conduct generally Enactment and authority .......... 21-1(a) Created ............................. 21-11(a) Fee; application ................... 21-1(c) Meetings ............................ 21-11(c) Jurisdiction ....................... 21-1(b) Membership ......................... 21-11(b) Planning commission, advise of..... 21-1(d) Powers and duties .................... 21-11(d) Concurrency management Zoning ordinances, changes to ........... 21-12 Adequate public facilities available to PLATS. See: SURVEYS, MAPS AND PLATS service development ............. 21-45 Application .......................... 21-42 PLAYGROUNDS. See: PARKS, Definitions .......................... 21-44 PLAYGROUNDS AND RECREATION Intent and purpose POLICE Comprehensive plan, implementa- tion of 21-43(a) Court cost ....................... Management/monitoring and regula- Assessment of additional court costs for tory program, establishment of 21-43(b) criminal justice education Minimum requirements ............ 21-43(c) expenditures .................... Department of law enforcement (police 1-9 Management and monitoring program department) ....................... 2-75, 2-76 Amendments to CIE and annual See: LAW ENFORCEMENT, DEPART - budget, recommendations on .. 21-46(c) MENT OF (POLICE DEPART - Annual public facilities update report 21-46(b) MENT) Generally ......................... 21-46(a) Impersonating police officer ............. 19-8 Proportionate fair -share program Interference with police and fire rescue Applicability ...................... 21-48(b) department telephone trunk lines Application process ................ 21-48(e) prohibited......................... 19-215 Appropriation of fair -share revenues 21-48(i) Oaths of office Determining proportionate fair -share Members of police department, form of obligation .................... 21-48(f) oath............................ 2-41(c) General requirements .............. 21-48(c) Persons required to take oath of office. 2-41(a)(2) Impact fee credit for proportionate Pension and certain other benefits for fire fair -share mitigation.......... 21-48(g) and police employees .............. 2-159 et seq. Intergovernmental coordination .... 21-48(d) See: PENSIONS AND RETIREMENT Proportionate fair -share agreements 21-48(h) Reserve force Purpose and intent ................ 21-48(a) Application for membership .......... 23-43 Regulatory program Appointment to service by chief of police 23-45 Exemptions ....................... 21-47(b) Compensation ....................... 23-50 Generally ......................... 21-47(a) Created; purpose ..................... 23-42 Supp. No. 67 2952 CODE INDEX Supp. No. 67 2953 Section Section POLICE (Cont'd.) PROPERTY (Cont'd.) Oath required ....................... 23-47 Handrails and guards.............. 15-3(k) Powers and duties .................... 23-48 Overhang extensions............... 15-3(i) Reserve list to be maintained ......... 23-44 Parking areas ..................... 15-3(n) Resignation .......................... 23-46 Premises identification............. 15-3(c) Uniforms and insignia ................ 23-49 Protective treatment............... 15-3(b) POLLUTION Roofs and drainage ................ 15-3(g) Smoke, dust, odors, liquids, etc.......... 19-9 Stairways, decks, porches and Stormwater management provisions re pol- balconies..................... 15-3(j) lutantloads....................... 21-67 Structural members ............... 15-3(d) Waterways, pollution of ................. 5-13 Window, skylight and door frames.. 15-3(1) Wellfield protection Glazing ......................... 15-3(1)(1) Regulation of business activities with Openable windows .............. 15-3(1)(2) potential to contaminate land and Exterior property areas ............... 15-2 water resources ................. 19-221 Accessory structures............... 15-2(f) Defacement of property ............ 15-20) PRECEDING, FOLLOWING Exhaust vents ..................... 15-2(e) Definitions and rules of construction..... 1-2 Gates ............................. 15-2(g) PROFANITY Landscaping ...................... 15-2(c) Vulgar language prohibited in public places 19-65 Motor vehicles ..................... 15-2(i) Open storage ...................... 15-2(k) PROPERTY Rodent harborage ................. 15-2(d) Abandoned real property Sanitation ......................... 15-2(a) Additional authority ................. 15-18 Stagnant water.................... 15-2(b) Applicability ......................... 15-13 Swimming pools ................... 15-2(h) Definitions .......................... 15-12 Extermination ....................... 15-6 Immunity of enforcement officer ...... 15-17 Generally ............................ 15-1 Maintenance requirements ........... 15-15 Responsibility ..................... 15-1(b) Purpose and intent ................... 15-11 Scope............................. 15-1(a) Registration of abandoned real property 15-14 Vacant structures and land......... 15-1(c) Security requirements ................ 15-16 Interiors of structures................ 15-4 Abatement of public nuisances on private Rubbish and garbage ................. 15-5 property .......................... 14-79 et seq. Subdivision regulations ................. 36-1 et seq. See: NUISANCES See: SUBDIVISIONS (Appendix B) Appearance plan (Appendix A). See that Unauthorized camping or lodging on public subject or private property . p p p y 19-11 Boats, docks and waterways; unlawfully Weeds and brush ....................... .......... 14-79 et seq. anchored or moored vessels Unclaimed vessel to be sold; certifica- See: WEEDS AND BRUSH tion of sale ..................... tion 5-22 PUBLIC PLACES. See: STREETS, Definitions and rules of construction..... 1-2 SIDEWALKS AND PUBLIC PLACES Dogs on property of others .............. 4-28(b) Insurance excise taxes; property insur- PUBLIC RECORDS. See: DOCUMENTS ance premiums .................... 26-17 AND PUBLIC RECORDS Minimum housing standards Basements and cellars ................ 15-26 PUBLIC WORKS DEPARTMENT Minimum standards for basic equip- Director's duties ......................... 2-84 ment and facilities .............. 15-25 Divisions Minimum standards for lighting ...... 15-23 Division of facility and fleet maintenance 2-85(1) Minimum standards for ventilation ... 15-24 Refuse disposal ...................... 2-85(2) Purpose ............................. 15-21 Street maintenance .................. 2-85(3) Scope and applicability ............... 15-22 Space requirements .................. 15-27 R Property maintenance standards Exterior of structures ................ 15-3 RABIES CONTROL Decorative features ................ 15-3(h) Provisions enumerated.................. 4-42 et seq. Doors ............................. 15-3(m) See: ANIMALS AND FOWL Exterior walls ..................... 15-3(f) Foundation walls .................. 15-3(e) REASONABLE TIME Generally ......................... 15-3(a) Definitions and rules of construction..... 1-2 Supp. No. 67 2953 NORTH PALM BEACH CODE Supp. No. 67 2954 j Section Section RECORDS. See: DOCUMENTS AND SIGNS AND BILLBOARDS (Cont'd.) PUBLIC RECORDS Exempt signs ........................ 6-112 Location standards ................... 6-117 RECREATION. See: PARK, PLAYGROUNDS Measurement determinations ......... 6-116 AND RECREATION Permitted permanent accessory signs . 6-115 REFUSE. See: GARBAGE AND TRASH Permitted temporary signs ........... 6-114 Prohibited signs ..................... 6-113 RESTROOMS Provisions generally .................. 6-111 Parks and recreation facilities; failure to Purpose and scope of regulations...... 6-110 cooperate in keeping restrooms neat Severability 6-118 or sanitary ........................ 20-2 Zoning RETIREMENT. See: PENSIONS AND C-3 Regional Business District........ 45-34.1(7) RETIREMENT SIMULATED GAMBLING DEVICES Conflict with state law .................. 17-44 S Definitions ............................. 17-40 Enforcement ........................... 17-45 SAND DUNES Exemptions ............................ 17-43 Flood damage prevention provisions..... 12.5-45 Intent .................................. 17-41 SANITATION. See: HEALTH AND SANITA- Prohibition of re ........................ 17-42 TION SOCIAL SECURITY SCHOOLS Agreement authorized .................. 2-138 Coin-operated amusements; proximity to Appropriations by village ............... 2-140 schools restricted .................. 19-4 Declaration of policy .................... 2-136 Exclusions from coverage ............... 2-137 SEAWALLS Records and reports .................... 2-141 Bulkheads and seawalls, construction Social security act adopted .............. 2-143 requirements re ................... 5-69 et seq. Withholding and reporting agent ........ 2-142 See: BOATS, DOCKS AND Withholding from wages ................ 2-139 WATERWAYS SPITTING SEXUAL OFFENDERS AND SEXUAL Spitting in public places prohibited ...... 19-5 PREDATORS Sexual offender and sexual predator SPORTS residence prohibition .............. 19-31 Golf advisory board ..................... 9-16 et seq. SEXUALLY -ORIENTED ENTERTAINMENT See: GOLF ADVISORY BOARD Adult entertainment establishments STATE Zoning regulations re. See: ZONING Definitions and rules of construction..... 1-2 (Appendix C) STENCH BOMBS SHALL, MAY Excepted uses .......................... 19-82(c) Definitions and rules of construction..... 1-2 Possession prohibited ................... 19-82(b) SHRUBBERY. See: TREES AND SHRUB- Throwing or depositing ................. 19-82(a) BERY STORMWATER MANAGEMENT SIDEWALKS. See: STREETS, SIDEWALKS Adoption ............................... 21-61 AND PUBLIC PLACES Applicability ........................ 21-61 Design ................................. 21-61 SIGNATURE, SUBSCRIPTION Finished floor of structures, level of...... 21-63 Definitions and rules of construction..... 1-2 Objectives of system design 21-68 SIGNS AND BILLBOARDS Open channels and outfall ditches ....... 21-66 Code enforcement, applicability re ....... 2-173 Post development runoff rates, volumes Country club; provisions re signs ........ 9-2 and pollutant loads ................ 21-67 Outdoor displays. See herein: Signs and Storm drainage facilities generally ...... 21-64 Outdoor Displays Stormwater retention systems........... 21-69 Parking in violation of signs ............. 18-36 Streets Parks, regulations re traffic signs........ 20-5(3) Minimum street grades ............... 21-62 Signs and outdoor displays Roadside swales ..................... 21-65 Construction standards ............... 6-117 Subdivisions, required improvements re . 36-31 Design standards .................... 6-117 Water quality .......................... 21-70 Supp. No. 67 2954 j CODE INDEX Supp. No. 67 2955 Section Section STORMWATER MANAGEMENT (Cont'd.) STREETS, SIDEWALKS AND PUBLIC Zoning; surface water management PLACES (Cont'd.) C-3 Regional Business District........ 45-34.1(8) Emergencies and exemptions ......... 24-24 Fees ................................. 24-17 STREETS, SIDEWALKS AND PUBLIC Limitations on pavement disturbance . 24-25 PLACES Pavement restoration standards ...... 24-27 Code enforcement, applicability re ....... 2-173 Removal of barricades and signage .... 24-21 Definitions and rules of construction..... 1-2 Right -of --way permit .................. 24-16 Dogs in parks and on streets and sidewalks 4-28(a) Conditions .... .................. 24-19 Handbills; distribution restricted ........ 19-7 Minimum standards ............... 24-20 Hitchhiking prohibited .................. 19-6 Requirements ..................... 24-18 Landscaping ........................... 27-31 et seq. Revocation and penalties........... 24-22 See: LANDSCAPING Immediate revocation ........... 24-22(a) Missiles, throwing ...................... 19-83 Other fines ..................... 24-22(b) Motor vehicles and traffic ............... 18-16 et seq. See: MOTOR VEHICLES AND TRAF- SUBDIVISIONS (Generally) FIC Appearance plan (Appendix A). See that Obstructing passageway ................ 19-47 subject Profanity; vulgar language prohibited.... 19-65 Code enforcement, applicability re ....... 2-173 Public works department Flood damage prevention provisions ..... 12.5-41(4) Streets maintenance division ......... 2-85(3) Zoning regulations ...................... 45-1 et seq. Sidewalks and driveways See: ZONING (Appendix C) Building official, driveways to be constructed under supervision of. 24-44 SUBDIVISIONS (Appendix B) Dangerous or abandoned driveways ... 24-46 (Section contained herein refer to sections Performance of work by village upon found within Appendix B) failure of compliance ............ 24-47 Amendments Permits Public hearing required .............. 36-39.1 Driveway construction Definitions Application; information required 24-58 General terms ....................... 36-5 Prohibited in certain instances... 24-57 Specific terms ........................ 36-6 Required ....................... 24-56 Design standardsAlleys Separate permits required for ............................... 36-20 driveways and sidewalk Blocks. See within this subheading: construction 24-55 Lots and Blocks .................. Sidewalks Comprehensive plan, conformity with . 36-17(1) Easements and rights -of --way Constructed required in certain cases 24-41 Access waterways .................. 36-22(c) Exceptions to requirements ........ 24-42 Drainage .......................... 36-22(b) Specifications Utilities.. ......................... 36-22(a) Driveways ......................... 24-43(c) Lots and blocks Generally ......................... 24-43(a) Access ............................ 36-18(3) Nonconforming driveways .......... 24-43(d) Block lengths ...................... 36-18(6) Sidewalks ......................... 24-43(b) Double frontage lots ............... 36-18(5) Smoke, dust, odors, liquids, etc.......... 19-9 Lot lines .......................... 36-18(4) Spitting in public places prohibited ...... 19-5 Lot size ........................... 36-18(1) Stormwater management, applicable provi- Residence lots, minimum ........... 36-18(2) sions re ........................... 21-62, 21-65 Public sites and open spaces .......... 36-23 Subdivision regulations ................. 36-1 et seq. Rights-of-way. See within this subhead - See: SUBDIVISIONS (Appendix B) ing: Easements and Rights -Of - Swale areas, sodding required in certain Way instances .......................... 24-3 Sidewalks ........................... 36-21 Trees in swale areas .................... 27-16 et seq. Soil and flood hazards, consideration of 36-17(2) See: TREES AND SHRUBBERY Streets Utilities Adjoining property, street access to . 36-19(7) Public utilities, cost of changing or Arterial streets, subdivisions on .... 36-19(2) removal of ...................... 24-4 Culs-de-sac .............. .......... 36-19(6) Use of rights-of-way for utilities....... 28-1 et seq. Half streets ....................... 36-19(8) See: UTILITIES Intersection design ................ 36-19(4) Work performed within rights-of-way Minimum street design specifica- Appeals ............................. 24-23 tions......................... 36-19(5) Supp. No. 67 2955 NORTH PALM BEACH CODE Section Section SUBDIVISIONS (Appendix B) (Cont'd.) SUBDIVISIONS (Appendix B) (Cont'd.) Minor streets ...................... 36-19(1) Preliminary plat procedure Railroads or limited access highway, Application for preliminary plat subdivisions on ............... 36-19(3) approval..................... 36-10(1) Street names ...................... 36-19(9) Developments of regional impact ... 36-10(2) Subdivision entrances ................ 36-25 Effect of approval.................. 36-10(9) Water bodies, access to ............... 36-24 Failure of planning commission to Enactment and authority ............... 36-2 take action ................... 36-10(8) Enforcement provisions Fees .............................. 36-10(3) Appeals ............................. 36-35 Notification of action .............. 36-10(7) Erection of buildings and issuance of Planning commission action........ 36-10(6) permits ......................... 36-38 Planning commission review ....... 36-10(5) General enforcement regulations...... 36-36 Review comments ................. 36-10(4) Land clearing, vegetation and wildlife Preliminary plat specifications........ 36-11 protection and preservation Qualification of person making survey. 36-8 Application procedure for vegetation Reversion of subdivided land to acreage 36-16 removal unrelated to building Purpose and intent ..................... 36-4 permit applications ........... 36-38.1(3) Required improvements Exceptions ........................ 36-38.1(5) Bikeways............................ 36-29.1 Fees 36-38.1(6) Bridges.............................. 36-30 .............................. Generally ......................... 36-38.1(1) General requirements ................ 36-26 Vegetation protection during construc- Monuments Permanent control points .......... 36-27(b) tion .......................... 36-38.1(4) permanent reference monuments... 36-27(a) Vegetation removal permit, applica- Planned unit development alternatives 36-34 tion procedure ................ 36-38.1(2) Screening walls and landscaping...... 36-33 Required improvements .............. 36-37 Sidewalks ........................... 36-29 Vegetation. See within this subhead- Storm water management ............ 36-31 ing: Land Clearing, Vegetation and Streets Wildlife Protection and Preserva- Arterial and collector streets ....... 36-28(a) tion Curb and gutter ................... 36-28(c) Wildlife protection and preservation. Marginal access streets ............ 36-28(b) See within this subheading: Land Pavement base .................... 36-28(f) Clearing, Vegetation and Wildlife Subgrade ......................... 36-28(e) Protection and Preservation Swales ............................ 36-28(d) Jurisdiction ............................ 26-3 Wearing surface ................... 36-28(g) Legal status Utilities Conflicting regulations ............... 36-41 Sanitary sewer .................... 36-32(a) Effective date ........................ 36-42 Septic tanks....................... 36-32(e) Saving clause ........................ 36-40 Underground utilities.............. 36-32(d) Plats, platting Water and sewer systems .......... 36-32(c) Procedures for subdivision plat approval. Water supply ...................... 36-32(b) See herein that subject Wells Procedures for subdivision plat approval Individual wells prohibited in Construction plan specifications ...... 36-13 certain areas of village ..... 36-32(f) Construction plans procedure Short title .............................. 36-1 Preparation of construction plans... 36-12(1) Submission and review of construc- SUITS AND OTHER PROCEEDINGS tion plans .................... 36-12(2) Code enforcement Surety device, posting of ........... 36-12(3) Limitations on actions for money judg- Final plat procedure ments .......................... 2-182 Application for final plat approval.. 36-14(2) SURVEYS, MAPS AND PLATS Generally ......................... 36-14(1) Official zoning map ..................... 45-17 Planning commission action........ 36-14(4) Subdivision regulations ................. 36-7 et seq. Planning commission review ....... 36-14(3) See: SUBDIVISIONS (Appendix B) Recording of final plat ............. 36-14(6) Village council action .............. 36-14(5) SWALE AREAS Final plat specifications .............. 36-15 Sodding required in certain instances .... 24-3 General prerequisites to .............. 36-7 Trees in swale areas .................... 27-16 et seq. Pre -application conference ............ 36-9 See: TREES AND SHRUBBERY Supp. No. 67 2956 Supp. No. 67 2957 CODE INDEX Section Section SWEAR OR SWORN. See: OATH, AFFIRMA- TELECOMMUNICATIONS (Cont'd.) TION, SWEAR OR SWORN Transfer of control; sale or assignment... 29-11 Underground installation; relocation..... 29-7 SWIMMING Bathing regulations; diseased persons TELEPHONES prohibited from bathing in public Alarms; interference with police and fire pool, etc ........................... 19-3 rescue department trunk lines Restricted waters, swimming in ......... 5-3 prohibited ......................... 19-215 SWIMMING POOLS TELEVISION Barrier/fencing requirements............ 25-5 Cable television rate regulation ......... 17-1 Code enforcement, applicability re ....... 2-173 Construction ........................... 25-4 TENSE Country club premises regulations....... 9-1 Definitions and rules of construction..... 1-2 Definitions ............................. 25-1 THEFT Elevation .............................. 25-6 Combat Auto Theft (CAT)............... 18-19 Final approval .......................... 25-7 Grade .................................. 15-11 TIME Permits ................................ 25-3 Definitions and rules of construction..... 1-2 Property maintenance standards Exterior property areas ............... 15-2 TRAFFIC. See: MOTOR VEHICLES AND Swimming pools ................... 15-2(h) TRAFFIC Setbacks ............................... 25-2 TRAILERS SWITCHBLADE KNIVES Boats and boat trailers; parking on Sale prohibited ......................... 19-185(a) residential property restricted in R-1 and R-2 residential zoning districts. 18-35 T Recreational vehicles and trailers; park- ing on residential property restricted r TAXATION in R-1 and R-2 residential zoning Insurance excise taxes .................. 26-16, 26-17 districts.................... .... 18-35.1 Local business tax ...................... 17-16 et seq. See: BUSINESS REGULATIONS TRASH. See: GARBAGE AND TRASH Pension and certain other benefits for fire TREES AND SHRUBBERY and police employees Abatement of public nuisances on private Tax on insurers ...................... 2-167 property .......................... 14-79 et seq. Telecommunications service tax See: NUISANCES Collection ............................ 26-52 Code enforcement, applicability re ....... 2-173 Compensation ....................... 26-54 Landscaping ........................... 27-31 et seq. Exemptions .......................... 26-53 See: LANDSCAPING Levy ................................ 26-51 Missiles, throwing ...................... 19-83 Rate ................................. 26-51 Parks and recreation facilities; climbing Utility tax ............................. 26-29 et seq. trees, etc .......................... 20-4 See: UTILITY TAX Swale areas, trees in TELECOMMUNICATIONS Definitions .......................... 27-16 Compliance with other laws; police power 29-10 Maintenance ......................... 27-20 Construction bond ...................... 29-13 Planting and removal; written approval Definitions ............................. 29-3 required........................ 27-17 Enforcement remedies .................. 29-15 Scope................................ 27-19 Fees and payments ..................... 29-5 Variety and location .................. 27-18 Force majeure .......................... 29-16 Insurance; surety; indemnification ....... 29-12 U Intent and purpose ..................... 29-2 Registration ............................ 29-4 UTILITIES Involuntary termination .............. 29-9 Flood damage prevention provisions ..... 12.5-41(3), (5) Reports and records .................... 29-6 Franchises enumerated. See Appendix D Rights-of-way, use ...................... 29-8 Street construction work; cost of changing Security fund ........................... 29-14 or removal of public utilities ....... 24-4 Service tax, generally ................... 26-51 et seq. Subdivision design standards re ease - See: TAXATION ments and rights-of-way ........... 36-22(a) Title ................................... 29-1 Subdivisions, required improvements re . 36-32 Supp. No. 67 2957 UTILITIES (Cont'd.) Telecommunications service tax ......... See: TAXATION Use of rights-of-way for utilities Code enforcement, applicability re .... Rules and regulations adopted ........ Written permit (franchise) Contents .......................... Required; term .................... UTILITY TAX Collection .............................. Exemption ............................. Levied; rate ............................ CI VACANT PROPERTY Property maintenance standards Generally ............................ Vacant structures and land........ . Unauthorized camping, lodging......... . VILLAGE Definitions and rules of construction.... . VILLAGE COUNCIL Compensation .......................... Definitions and rules of construction.... . Meetings Adjournment of all meetings......... . Regular meetings Presiding officer ................... When held ........................ Rules of procedure. See herein that subject Rules of procedure Order of business .................... Parliamentary rules .................. Village clerk, duties re .................. VILLAGE LOGO Adoption............................... Description ............................. Registration ............................ Unlawful practices ...................... VILLAGE MANAGER Administrative code, provisions re ....... See: ADMINISTRATIVE CODE Bond................................... Budget................................. Budget procedures, duties re ............ Residency .............................. VOYEURISM Window peeping prohibited ............. W WALLS. See: FENCES, WALLS, HEDGES AND ENCLOSURES NORTH PALM BEACH CODE Section Section WATER SHORTAGE EMERGENCIES 26-51 et seq. Application ............................. 19-201 Definitions ............................. 19-200 Enforcement 2-173 Emergency power .................... 19-204 28-1 Generally ............................ 19-203 Implementation 28-3 Exemptions .......................... 19-202(b) 28-2 Permanent restrictions ............... 19-202(a) Sanitation, exception to maintain........ 19-205 Violations and penalties ................ 19-206 26-30 26-31 WATER SUPPLY AND DISTRIBUTION 26-29 Stormwater management ............... 21-61 et seq. See: STORMWATER MANAGEMENT Wellfield protection ..................... 19-220, 19-221 Zoning; C-3 Regional Business District Surface water management........... 45-34.1(8) WATERWAYS. See: BOATS, DOCKS AND 15-1 WATERWAYS 15-1(c) 19-11 WATERWAYS BOARD Composition; terms; vacancies ........... 5-103 Created ................................ 5-102 1-2 Duties................................. 5-105 Organization ........................... 5-104 2-16 Removal ............................... 5-106 1-2 WEAPONS. See: FIREARMS AND WEAPONS 2-19 WEEDS AND BRUSH 2-18 Abatement of public nuisances on private 2-17 property .......................... 14-79 et seq. See: NUISANCES WEEK 2-26 Definitions and rules of construction..... 1-2 2-27 WEIGHTS AND MEASURES 2-67 Motor vehicle operation; weight limita- tions on certain roads .............. 18-18 1-10(b) WELLFIELD PROTECTION 1-10(a) Business activities with potential to 1-10(d) contaminate land and water 1-10(c) resources, regulation of ............ 19-221 County wellfield protection ordinance 2-39 et seq. adopted by reference ............... 19-220 WRITTEN, IN WRITING 2-117 Definitions and rules of construction..... 1-2 2-118 2-2 2-115 Y YARDS AND OPEN SPACES 19-66 Landscaping ........................... 27-31 et seq. See: LANDSCAPING Zoning regulations ...................... 45-27 et seq. See: ZONING (Appendix C) YEAR Definitions and rules of construction..... 1-2 Supp. No. 67 2958 CODE INDEX Section ZONING (Generally) Appearance plan (Appendix A). See that subject Code enforcement, applicability re ....... 2-173 Home occupations ...................... 17-3(a) et seq. See: HOME OCCUPATIONS Landscaping; conflict with zoning ordinance 27-39 Planning commission; changes to zoning ordinances ........................ 21-12 Subdivision regulations ................. 36-1 et seq. See: SUBDIVISIONS (Appendix B) Supp. No. 67 2959 Section CODE INDEX Supp. No. 67 2963 Section Section ZONING (Appendix C) (Cont'd.) ZONING (Appendix C) (Cont'd.) General provisions Damaged, destroyed, etc .............. 45-17(5) Applicability ...................... 3-1 Identification ........................ 45-17(2) Procedure and regulations ......... 3-2 Location; final authority .............. 45-17(4) Landscape elements Off-street loading and internal circulation Administration .................... 6-2 C-3 Regional Business District........ 45-34.1(3) Foundation landscaping and plant- Off-street parking ings.......................... 6-12 C-1 Neighborhood Commercial District 45-33(E) Intent ............................. 6-1 CAA Limited Commercial District .... 45-32(E) Irrigation ......................... 6-14 C-3 Regional Business District........ 45-34.1(2) Landscape requirements for off- C -A Commercial District ............. 45-31(G), (H) street parking areas .......... 6-10 CB Commercial District .............. 45-31.1(G), (H) Maintenance ...................... 6-13 CC Transitional Commercial District.. 45-32.1(G), (H) Minimum landscape buffer and plant- R-1 Single -Family Dwelling Districts.. 45-27(E) ing requirements ............. 6-11 R-2 Multiple -Family Dwelling District. 45-28(F) Minimum landscape requirements.. 6-8 R-3 Apartment Dwelling District...... 45-30(E) Miscellaneous landscape elements.. 6-9 Open spaces. See herein: Yards and Open New construction and substantial Spaces revision ...................... 6-5 Parking Nonconforming landscape areas .... 6-3 Preferred landscape palette ........ 6-7 Off-street loading and internal circula- Prohibited and standard invasive tion. See herein that subject plants ........................ 6-6 Off-street parking regulations. See Pruning ........................... 6-15 herein: Off -Street Parking Tree and plant installation......... 6-4 Permitted uses Signage and outdoor displays Automotive Commercial District ...... 45-34(A) Accessory signs .................... 7-5 C-1 Neighborhood Commercial District 45-33(A), (G) Appearance ....................... 7-2 CAA Limited Commercial District .... 45-32(A), (G) Business signs .................... 7-6 C-2 General Commercial District...... 45-34(A) Definitions ........................ 7-11 C-3 Regional Business District........ 45-34.1(1) Design, construction, and location C -A Commercial District ............. 45-31(B), (C) standards .................... 7-9 CB Commercial District .............. 45-31.1(B), (C) Exempt signs ...................... 7-3 CC Transitional Commercial District.. 45-32.1(B) Exterior architectural lighting...... 7-10 C -OS Conservation and Open Space General provisions ................. 7-1 District......................... 45-35.2(B) Measurement determinations ...... 7-8 R-1 Single -Family Dwelling Districts.. 45-27(A) Removal ............................. 2-55 R-2 Multiple -Family Dwelling District. 45-28(A) Street numbers .................... 7-7 R-3 Apartment Dwelling District...... 45-30(A) Temporary signs ................... 7-4 Planned unit development Site plan elements ................... Art. 8 C-3 Regional Business District........ 45-34.1(10) Building orientation and placement. 8-2 Filing of application .................. 45-35.1(II) General design .................... 8-1 Off-street parking areas ........... 8-3 Planning commission Pedestrian amenities .............. 8.4 Action of .......................... 45.35.1(IV) Site and street furniture ........... 8.5 Referral to ........................ 45-35.1(III) Zoning regulations Public notice ......................... 45-35.1(VII) Development review regulations .... 4-1 Statement of intent .................. 45-35.1(I) Land use chart .................... 4-2 Village council Use definitions and supplemental Action of .......................... 45-35.1(V) regulations ................... 4-3 Effect of approval of ............... 45-35.1(VI) Northlake Boulevard overlay zoning district Public district (NBOZ)........................... 45-35.3 Restricted uses ...................... 45-35 Oceanfront land R-1 Single -Family Dwelling District Ocean setback ....................... 45-22 Annexed land in ..................... 45-20 Official zoning map Height .............................. 45-27(B) Adopted by reference ................. 45-17(1) Mechanical equipment ............... 45-27(G) Boundary conflict interpretations ..... 45-18 Off-street parking .................... 45-27(E) Buildings and uses to conform to district Permitted uses ....................... 45-27(A) regulations ..................... 45-19 Site area ............................ 45-27(C) Changes ............................. 45-17(3) Yards and open spaces ............... 45-27(D) Supp. No. 67 2963 NORTH PALM BEACH CODE Supp. No. 67 2964 Section Section ZONING (Appendix C) (Cont'd.) R-2 Multiple -Family Dwelling District Community residential home regula- tions ........................... 45-28(G) Floor area ........................... 45-28(E) Height .............................. 45-28(B) Mechanical equipment ............... 45-28(H) Off-street parking .................... 45-28(F) Permitted uses ....................... 45-28(A) Site area ............................ 45-28(C) Yards and open spaces ............... 45-28(D) R-3 Apartment Dwelling District Floor area ........................... 45-30(F) Height .............................. 45-30(B) Off-street parking .................... 45-30(E) Permitted uses ....................... 45-30(A) Site area ............................ 45-30(C) Yards and open spaces ............... 45-30(D) Reasonable accommodation procedure ... 45-25 Definitions .......................... 45-25(b) Fee .................................. 45-25(d) Procedure ........................... 45-25(c) Purpose and general provisions ....... 45-25(a) Setbacks C-3 Regional Business District........ 45-34.1(5) Oceanfront land ...................... 45-22 Short title .............................. 45-1 Signs C-3 Regional Business District........ 45-34.1(7) Similar uses ............................ 45-16.1 Site area C -1A Limited Commercial District .... 45-32(C) C -A Commercial District .............. 45-31(E) CB Commercial District .............. 45-31.1(E) CC Transitional Commercial District.. 45-32.1(E) R-1 Single -Family Dwelling Districts.. 45-27(C) R-2 Multiple -Family Dwelling District. 45-28(C) R-3 Apartment Dwelling District...... 45-30(C) Special exception uses .................. 45-16.2 Surface water management C-3 Regional Business District........ 45-34.1(8) Telecommunications antenna and antenna towers ............................ 45-21 Violation and penalty ................... 45-6 Yards and open spaces C-1 Neighborhood Commercial District 45-33(D) C -1A Limited Commercial District .... 45-32(D) C -A Commercial District ............. 45-31(F) CB Commercial District .............. 45-31.1(F) CC Transitional Commercial District.. 45-32.1(F) R-1 Single -Family Dwelling Districts.. 45-27(D) R-2 Multiple -Family Dwelling District. 45-28(D) R-3 Apartment Dwelling District...... 45-30(D) Supp. No. 67 2964