Pages Replaced by Supplement #73NORTH PALM BEACH CODE
Supp. No. 71 2952
Section
Section
PLANNING AND DEVELOPMENT (Cont'd.)
PLANNING AND DEVELOPMENT (Cont'd.)
Community development department
Zoning regulations ......................
45-1 et seq.
Planning division ....................
2-112(3)
See: ZONING (Appendix C)
Comprehensive plan
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; terms...................
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
Comprehensive plan, implementa-
POLICE
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 ....................
1-9
Management and monitoring program
Department of law enforcement (police
Amendments to CIE and annual
department) .......................
2-75,2-76
budget, recommendations on ..
21-46(c)
See: LAW ENFORCEMENT, DEPART -
Annual public facilities update report
21-46(b)
MENT OF (POLICE DEPART -
Generally .........................
21-46(a)
MENT)
Proportionate fair -share program
Impersonating police officer .............
19-8
Applicability ......................
21-48(b)
Interference with police and fire rescue
Application process ................
21-48(e)
department telephone trunk lines
Appropriation of fair -share revenues
21-48(i)
prohibited .........................
19-215
Determining proportionate fair -share
Oaths of office
obligation ....................
21-48(f)
Members of police department, form of
General requirements ..............
21-48(c)
oath ............................
2-41(c)
Impact fee credit for proportionate
Persons required to take oath of office.
2-41(a)(2)
fair -share mitigation..........
21-48(g)
Pension and certain other benefits for fire
Intergovernmental coordination ....
21-48(d)
and police employees
2-159 et seq.
Proportionate fair -share agreements
21-48(h)
See: PENSIONS AND RETIREMENT
Purpose and intent ................
21-48(a)
Reserve force
Regulatory program
Application for membership ..........
23-43
Exemptions .......................
21-47(b)
Appointment to service by chief of police
23-45
Generally
y
21-47(a)
Compensation .......................
23-50
Public facility adequacy, review to
Created; purpose .....................
23-42
determine ....................
21-47(c)
Oath required .......................
23-47
Short title ...........................
21-41
Powers and duties ....................
23-48
Filing fees and costs for voluntary annexa-
F
Reserve list to be maintained .........
23-44
tion of land
Enactment and authority .............
21-2(a)
Resignation..........................
23-46
Fees: application .....................
21-2(c)
Uniforms and insignia................
23-49
Jurisdiction ..........................
21-2(b)
POLLUTION
Planning commission, advice of .......
21-2(d)
Smoke, dust, odors, liquids, etc..........
19-9
Public notice requirements for develop-
Stormwater management provisions re pol-
ment applications and approvals
lutant loads ....................... .............
21-67
Generally ............................
21-3(a)
Waterways, pollution of .................
5-13
Mailing requirements ................
21-3(b)
Wellfield protection
Newspaper requirements .............
21-3(d)
Regulation of business activities with
Posting requirements .................
21-3(c)
potential to contaminate land and
Stormwater management ...............
21-61 et seq.
water resources .................
19-221
See: STORMWATER MANAGEMENT
Subdivision regulations .................
36-1 et seq.
PRECEDING, FOLLOWING
See: SUBDIVISIONS (Appendix B)
Definitions and rules of construction.....
1-2
Supp. No. 71 2952
NORTH PALM BEACH CODE
Section
PARKING (Cont'd.)
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
Compensation; terms .................
Created .............................
Duties...............................
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 ...................
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 ........................
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
20-62
20-61
20-63
18-35.1
20-2
20-5(2)
20-5(5)
20-5(6)
20-5(3)
20-5(4)
20-5(1)
20-4
20-1
17-91
Supp. No. 71 2950
PEDDLERS AND SOLICITORS (Cont'd.)
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 ................................
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 .................
Pension and certain other benefits for fire
and police employees
Benefit amounts
401(a)(9) Required Distributions... .
Cost of living ......................
Disability retirement ..............
Early retirement ..................
Formula ..........................
Limitation on .....................
Normal retirement benefit .........
Preretirement death ...............
Termination benefits and vesting ...
Board of trustees
Bring and defend lawsuits
Powers .........................
Composition .......................
Section
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
2-161(i)
2-161(g)
2-161(e)
2-161(b)
2-161(c)
2-161(h)
2-161(a)
2-161(d)
2-161(f)
2-164(e)
2-164(a)
NORTH PALM BEACH CODE
Section
Section this Code
5-33
19-99
335.065
App. B, Art. IV,
§ 36-29.1
337.29
29-2
337.401
29-2,29-3
29-5(a), (e)
29-6(a)
337.401(3)
28-3
337.403, 337.404
29-7
342.03
Ch. 5
362.01
29-2
364.02
29-3
ch. 373
19-200
ch. 380
21-44
App. B, Art. II,
§ 36-10
380.04
21-103
393
App. C, § 45-2
ch. 394
App. C, § 45-2
ch. 395
App. C, § 45-36
397.311(18)
App. C, § 45-38
397.487
App. C, § 45-25
ch. 400
App. C, § 45-2
ch. 401
11.5-21
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
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
ch. 650
Ch. 2, Art. V, Div. 2
Section
650.02
658.12
ch. 760
768.28
775.082, 775.083
794.011
800.04
827.071
ch. 828
ch. 847
847.0145
870.041
870.44
870.45
872.05
893.03
893.035
893.0356
943.10(6)
943.10(8)
943.14
943.25(13)
Section
this Code
2-136
2-136
2-4
App. C, § 45-2
29-12(d)
2-169(f)
2-255
19-31
19-31
19-31
4-13
App. C, § 45-20
19-31
8-21
8-22
8-22
2-104
45-36
45-36
45-36
2-159
2-159
2-159
1-9
[The next page is 28691
Supp. No. 72 2820
§ 45-36 NORTH PALM BEACH CODE
(2) Minimum dimensions of all land-
e. Such off-street parking areas shall
ings to be ten (10) feet by six (6)
be used for vehicular traffic only,
feet, six (6) inches.
with no sales, dead storage, repair
H. Patios connected to the rear of a dwelling
work, dismantling or servicing of
any kind unless expressly permit -
unit may be enclosed by screening
ted by the zoning of the district in
provided there shall be a rear yard of not
question.
less than fifteen (15) feet measured from
the rear of the screened enclosure to the
f. If lighting of such areas is to be
rear lot line.
provided, the plans therefor shall
I. There shall be a front yard of not less
be such that such lighting shall
than forty (40) feet measured from the
reflect away from any public street
street line to the front building line in
and at such an angle as to prevent
the case of Lots 11 to 35 inclusive, Block
glare or undue illumination of
3, as shown on the plat of Village of
residential properties in the
North Palm Beach, Plat 1, recorded in
neighborhood.
plat book 24, page 205, Public Records of
Palm Beach County, Florida.
K. No carnival, fair, amusement park or
J. Whenever, by this ordinance, off-street
circus shall be carried on in any residential
parking is required in any commercial
or commercial zoning district in the Vil-
district or in any R-3 apartment dwelling
lage of North Palm Beach, including
district, no such parking facilities shall
zoning districts R-1, R -2A, R-3, C -A, C -1A,
be hereafter constructed until a permit
C-1 and C-2; provided, however, that a
therefor shall have been issued by the
carnival, fair or circus may be carried by
building inspector, and until the plans
a nonprofit organization to collect funds
and specifications therefor are such that:
to further the purposes of such organiza-
tion at the premises where the organiza-
a. Such off-street parking area is
tion is located within the Village of North
designed with appropriate means of
Palm Beach. No such carnival, fair or
vehicular access to a public street or
circus shall extend for more than three
alley.
(3) consecutive days, and no such carnival,
b. Such off-street parking area is
fair or circus may be open to the public
designed with appropriate vehicular
between the hours of 10:00 p.m. and
10:00 a.m. during any day. A permit for
maneuvering areas.
such permitted carnival, fair or circus
C. Such off-street parking area is paved
must be obtained from the office of the
with an asphaltic or concrete surfac-
village manager. There will be no charge
ing, or other material designed to
or fee for such permit.
prevent dust.
d. Such off-street parking area is so
L. No gasoline or oil filling stations and no
constructed, graded and surfaced as
service station shall be erected within
to prevent surface water from drain-
five hundred (500) feet of any church,
ing onto public right-of-way, or on
hospital, school or other similar institu-
adjoining properties, the outlets for
tion where large numbers of pedestrians
such surface waters to be connected
congregate, nor within five hundred (500)
directly or indirectly to storm sewer
feet of the location in said village of
conduits terminating in existing
another gasoline or oil filling station or
publicly controlled waterways or in
service station. No church, hospital, school
other seepage areas approved by
or similar institution where large numbers
the building department.
of pedestrians congregate shall locate or
Supp. No. 72 2512.2
§ 45-35.3 NORTH PALM BEACH CODE
lation of communication equipment, such as the property upon which it is located is
dishes and antennas, shall be submitted for within five hundred feet of any R-1,
review during the planning phase of a project. single-family dwelling district.
K. Telephones, vending machines, and
newspaper racks. All public telephones, vending
machines, newspaper racks, and facilities dispens-
ing merchandise or services on private property
shall be enclosed within a building, enclosed
within a structure, attached to a building, or
enclosed in a separate area.
1. Attached and freestanding structures shall
be landscaped consistent with and
architecturally compatible with the
principal structure.
2. Public telephones. Wall -mounted and
freestanding public telephones visible from
a public right-of-way shall be fully or
partially enclosed.
3. Vending machines.
a. Vending machines dispensing bever-
ages, food, ice, and related consumer
products shall not be visible from a
public right-of-way.
b. Vending machines may be located
in outdoor enclosures, provided such
enclosures are constructed utilizing
the same architectural style, materi-
als, and colors as the principal
structure.
(Ord. No. 05-2003, § 1, 2-27-03; Ord. No. 2011-
02, § 3, 2-10-11; Ord. No. 2011-05, § 2, 4-14-11;
Ord. No. 2012-07, §§ 2-4, 7-26-12)
Sec. 45-36. General provisions.
The provisions of this article shall be subject
to the following provisions and exceptions:
A. Chimneys, water tanks, radio or televi-
sion towers, telecommunications antenna/
towers, church spires, elevator lofts,
flagpoles and parapet walls may be erected
above the height limits herein established.
A-1. No addition to any building and no
structure or object shall be erected, placed
or maintained or built to a height which
exceeds four (4) stories or sixty (60) feet
where any portion of said building or of
Supp. No. 72 2512
B. Swimming pools shall be set back at
least seven and one-half (71/2) feet from
the back property line measured from
the rim of the pool and not less than five
(5) feet from the side property line includ-
ing the two -and -one -half -foot walk around
the pool. The highest projection of the
swimming pool shall not exceed two (2)
feet. Outdoor fireplaces not exceeding six
(6) feet in height may be erected and
maintained, said structure, however, shall
not be erected within five (5) feet of any
rear lot line.
(a) Swimming pools may be enclosed by
screening provided same are not
erected closer than five (5) feet from
the side and rear yard lines.
(b) No swimming pool shall be located
in the area lying between the front
property line and the front building
line in the R-1 and R-2 zoning
districts.
C. Detached garages not more than one (1)
story in height may be erected and
maintained within seven and one-half
(71/2) feet of the rear line of any such lot.
D. Walls and fences built within the area
between the property line and the build-
ing setback line shall not exceed six (6)
feet in height; provided, however, that no
walls or fences may be erected between
the required front yard setback and the
front property line except as provided in
subsection D-2 below, nor may walls or
fences exceed four (4) feet in height for a
distance of forty (40) feet from any body
of water located within the village. On
corner lots, walls or fences shall not
exceed four (4) feet in height for a distance
of twenty (20) feet from the side property
line, subject to the following:
a. No wall or fence shall be located
within three (3) feet of the side
property line; and
§ 2-170,15 NORTH PALM BEACH CODE
and that agreement is ratified or the union
waives bargaining and consents to its implementa-
tion.
(Ord. No. 2006-26, § 6, 12-14-06)
ARTICLE VI. CODE ENFORCEMENT*
Sec. 2-171. Declaration of legislative intent.
It is the intent of this article to promote,
protect and improve the health, safety and welfare
of the citizens of the village and to provide an
equitable, expeditious, effective and inexpensive
method of enforcing the. hereinafter described
codes and ordinances of the village where a
pending or repeated violation continues to exist.
(Ord. No. 2010-09, § 2, 7-8-10)
Sec. 2-172. 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:
Attorney means the attorney for the village
who will represent the village in proceedings
before a special magistrate.
Code inspector means those authorized agents
or employees of the village whose duty it is to
ensure compliance with the codes referred to
below.
Repeat violation means a violation of a provi-
sion of a code or ordinance by a person who has
been previously found through a code enforce-
ment board, special magistrate or any other
quasi-judicial or judicial process, to have violated
*Editor's note -Ord. No. 2010-09, § 2, adopted July 8,
2010, deleted the former Art. VI, §§ 2-171-2-182, and
enacted a new Art. VI as set out herein. The former Art. VI
pertained to code enforcement board and derived from Ord.
No. 19-79, §§ 1-10, 9-27-79; Ord. No. 25-79, § 1, 12-13-79;
Ord. No. 9-80, §§ 2-10, 4-24-80; Ord. No. 16-82, Arts. I -VI,
9-9-82; Ord. No. 19-85, § 1, 10-24-85; Ord. No. 2-86, §§ 1-3,
3-27-86; Ord. No. 15-86, § 2, 10-9-86; Ord. No. 8-90, § 1,
§§ 3-7, 4-12-90; Ord. No. 4-91, § 1, 2-28-91; Ord. No. 17-91,
§ 1, 4-25-91; Ord. No. 18-96, §§ 1-6, 5-9-96; Ord. No.
04-2000, §§ 1-5, 2-10-00; Ord. No. 11-2001, §§ 1, 2, 4-26-01;
Ord. No. 23-2002, § 1, 7-11-02; Ord. No. 08-2003, §§ 1, 2,
3-27-03; Ord. No. 2006-28, § 2, 12-14-06; Ord. No. 2007-19,
§ 3, 12-13-07.
or who has admitted violating the same provi-
sion within five (5) years prior to the violation,
notwithstanding the violations occur at different
locations.
Special magistrate means a special magistrate
appointed by the village council pursuant to
section 2-174 to.conduct code enforcement proceed-
ings in accordance with the provisions of this
article.
(Ord. No. 2010-09, § 2, 7-8-10)
Sec. 2-173. Applicability.
The special magistrate shall enforce and have
jurisdiction over the following codes:
Chapter 4, Village of North Palm Beach Code,
containing the animals and fowl code.
Chapter 5, Village of North Palm Beach Code,
containing the docks and waterways code.
Chapter 6, Village of North Palm Beach Code,
including the Florida building code, the appear-
ance code and appearance plan (Appendix A),
and the sign code.
Chapter 7, Village of North Palm Beach Code,
containing the bulkhead lines code.
Chapter 12, Village of North Palm Beach
Code, including the fire prevention code.
Supp. No. 65 164.2
Chapter 14, Village of North Palm Beach
Code, containing the health and sanitation
code.
Chapter 15, Village of North Palm Beach
Code, containing the housing code.
Chapter 17, Village of North Palm Beach
Code, containing the business tax code.
Sections 18-34, 18-35 and 18-35.1 of Chapter
18.
Chapter 19, Village of North Palm Beach
Code, containing noise control code.
Chapter 21, Village of North Palm Beach
Code, administrating and regulating the Vil-
lage's stormwater management system.
Chapter 24, Village of North Palm Beach
Code, containing the streets, sidewalks and
driveways code.
§ 2-170.01 NORTH PALM BEACH CODE
DIVISION 5. LENGTH OF SERVICE AWARD Sec. 2-170.5. Entitlement age.
PLAN FOR VOLUNTEER FIREFIGHTERS*
Sec. 2-170.01. Purpose.
The purpose of this plan is to award and
provide retirement income for active members of
the volunteer firefighters of the village in recog-
nition of their years of dedicated community ser-
vice.
(Ord. No. 16-91, § 1, 4-11-91)
Sec. 2-170.1. Name of sponsor.
The name of the sponsor shall be the Village of
North Palm Beach.
(Ord. No. 16-91, § 2, 4-11-91)
Sec. 2-170.2. Name of plan.
The name of the plan shall be "length of service
award plan for volunteer firefighters."
(Ord. No. 16-91, § 3, 4-11-91)
Sec. 2-170.3. Effective date of plan.
The effective date of the plan shall be May 1,
1990.
(Ord. No. 16-91, § 4, 4-11-91)
Sec. 2-170.4. Eligibility to enter plan.
Members, as defined herein, means volunteer
firefighters duly recognized and enrolled as vol-
unteer firefighters with the village. All members
must meet each of the following requirements
before participating in the plan:
(1) Minimum age, eighteen (18).
(2) Maximum age, sixty (60).
(3) Completed one (1) year of active service
with the sponsor.
(4) Completed the sponsor's required proba-
tionary period.
(Ord. No. 16-91, § 5, 4-11-91)
*Editor's note—Ordinance No. 16-91, adopted April 11,
1991, did not specifically amend this Code; hence, inclusion of
§§ 1-12 as Art. V, Div. 5, §§ 2-170.01-2-170.11, was at the
discretion of the editor.
Cross reference—Fire division, § 12-29 et seq.
Supp. No. 52 164
The entitlement age is the age that members
will begin receiving their monthly retirement
benefit. Age sixty-five (65) with one (1) year of
plan participation is generally utilized; however,
service and participation requirements may be
included. Entitlement age is sixty (60) with one
(1) year of plan participation.
(Ord. No. 16-91, § 6, 4-11-91)
Sec. 2-170.6. Benefit formula.
[The benefit formula shall be as follows:]
(1) Past service (before the plan began). Ten
dollars ($10.00) per month for year of past
service for currently enrolled members of
the volunteer firefighters. Eight (8) is the
maximum years of past service for which
a member may receive credit.
(2) Future service (after plan begins). Ten
dollars ($10.00) per month for each year of
future service.
(3) Maximum monthly benefit. The maxi-
mum monthly benefit a member can re-
ceive at the entitlement age is three hun-
dred dollars ($300.00).
(4) Minimum monthly benefit. The minimum
monthly benefit a member can receive if
the member remains active in the plan
until the designated entitlement age is
fifty dollars ($50.00).
(Ord. No. 16-91, § 7, 4-11-91)
Sec. 2-170.7. Preretirement death benefit.
The preretirement death benefit is the death
benefit payable if a member dies before entitle-
ment age while still active in the plan. The
amount payable is the greater of the face amount
of the life insurance or the member's accrued
benefit:
(1) Face amount of the life insurance, thirty
thousand dollars ($30,000.00).
(2) Payment mode, annual.
(Ord. No. 16-91, § 8, 4-11-91)
§ 2-164
NORTH PALM BEACH CODE
least three (3) members of the board; however, no
trustee shall take part in any action in connection
with his or her own participation in the plan, and
no unfair discrimination shall be shown to any
individual participating in the plan.
(d) Power to bring and defend lawsuits. The
board shall be a legal entity with, in addition to
other powers and responsibilities contained herein,
the power to bring and defend lawsuits of every
kind, nature and description. The board shall be
independent of the village to the extent required
to accomplish the intent, requirements, and re-
sponsibilities provided for in this article and ap-
plicable law.
(Ord. No. 9-82, § 6, 6-10-82; Ord. No. 14-87, § 1,
9-10-87; Ord. No. 1-92, § 6, 2-13-92; Ord. No.
22-98, § 1, 9-24-98; Ord. No. 06-2002, § 3, 2-28-02;
Ord. No. 2006-04, § 1, 3-23-06; Ord. No. 2006-07,
§ 2, 3, 5-25-06; Ord. No. 2010-01, § 5, 1-14-10)
Sec. 2-165. Prior service.
Unless otherwise prohibited by law, the years
or fractional parts of years that a member previ-
ously served as a firefighter, police officer or
public safety officer with the village during a
period of employment and for which accumulated
contributions were withdrawn from the fund, or
the years and fractional parts of years that a
member served as a firefighter, police officer or
public safety officer for this or any other munici-
pal, county, state or federal fire, police or public
safety department, or any time served in the
military service of the armed forces of the United
States, shall be added to the years of credited
service provided that:
(1) The member contributes to the fund the
sum that would have been contributed,
based on the member's salary and the
employee contribution rate in effect at the
time that the credited service is re -
Supp. No. 61 160.2
§ 2-162
NORTH PALM BEACH CODE
(3) Option 3—Other. In lieu of the other op-
tional forms enumerated in this section,
benefits may be paid in any form ap-
proved by the board so long as actuarial
equivalence with the benefits otherwise
payable is maintained, provided, how-
ever, that the board shall not authorize
any actuarially equivalent single or lump
sum distributions.
(Ord. No. 9-82, § 4, 6-10-82; Ord. No. 1-92, § 4,
2-13-92; Ord. No. 20-2000, § 3, 8-10-00; Ord. No.
13-2003, § 4, 5-8-03; Ord. No. 2008-18, § 5, 11-13-
08; Ord. No. 2010-01, § 4, 1-14-10)
Sec. 2-163. Contributions.
(a) Member contributions.
(1) Amount. Members of the plan shall make
regular contributions to the fund at a rate
equal to two (2) percent of their respective
earnings.
For Police Officer members only:
(i) Effective at the beginning of the first
full payroll period after October 1,
2013, the Police Office member con-
tribution shall increase to two and
sixty-seven one hundredths (2.67) per-
cent;
(ii) Effective the first full payroll period
after October 1, 2014, the Police Of-
ficer member contribution shall in-
crease to three and thirty-three one
hundredths (3.33) percent; and
(iii) Effective the first full payroll period
after October 1, 2015, the Police Of-
ficer member contribution shall in-
crease to four (4) percent.
For Firefighter members only:
(i) Effective the beginning of the first
full payroll period after April 1, 2015,
the Firefighter member contribution
shall increase to three and one-half
(3.50) percent; and
(ii) Effective the first full payroll period
after April 1, 2016, the Firefighter
member contribution shall increase
to five (5.00) percent.
Supp. No. 61 160
(2) Duration. The village shall pick-up, rather
than deduct from each member's pay, be-
ginning with the date of employment, two
(2) percent of the member's basic compen-
sation. The monies so picked -up shall be
deposited in the fund on a monthly basis.
An account record shall be maintained
continuously for each member. Pick-up
contributions shall continue until death,
disability or termination of service, which-
ever shall occur first. Contributions shall
remain in the fund unless withdrawn as
provided in the plan. No member shall
have the option to choose to receive the
contributed amounts directly instead of
having them paid by the village directly to
the plan. All such pick-up contributions
by the village shall be deemed and be
considered as part of the member's accu-
mulated contributions and subject to all
provisions of the plan pertaining to accu-
mulated contributions of members. The
intent of this provision is to comply with
Section 414(h)(2) of the Internal Revenue
Code. For paying Social Security taxes,
and for such other purposes except as
specified in this plan, the amount of em-
ployee contributions "picked -up" or paid
by the village will be added to the amount
distributed on a current basis in order to
determine total wages, salary, pay or com-
pensation. In the event that the employer
agrees to assume and pay member contri-
butions in lieu of direct contributions by
the member, such contributions shall ac-
cordingly be paid into the plan on behalf
of the members. No member subject to
such agreement shall have the option of
choosing to receive the contributed amounts
directly instead of having them paid by
the employer directly to the plan. All such
contributions by the employer shall be
deemed and considered as part of the
member's accumulated contributions and
subject to all provisions of this plan per-
taining to accumulated contributions of
members. The intent of this language is to
comply with section 414(h)(2) of the Inter-
nal Revenue Code.
(3) Interest. Interest shall be credited to mem-
ber contributions as of September 30 of
§ 2-160 NORTH PALM BEACH CODE
ing the following points, as well as such other be reinstated as member of the plan and
points or items as may be prescribed by the board: shall be given credit for his previous cred-
ited service.
(1) Acceptance of the terms and conditions of (Ord. No. 9-82, § 2; 6-10-82; Ord. No. 1-92, § 2,
the plan; 2-13-92; Ord. No. 2008-18, § 3, 11-13-08)
(2) Designation of a beneficiary or beneficia-
ries;
(3) Authorization of a payroll deduction pay-
able to the plan as hereinafter provided;
(4) Provision of acceptable evidence of his
date of birth;
(5) A certified statement as to prior medical
history; and
(6) A written release allowing distribution of
all medical records to the board.
(c) Change in designation of beneficiary. Amem-
ber may, from time to time, change his designated
beneficiary by written notice to the board upon
forms provided by the board. Upon such change,
the rights of all previously designated beneficia-
ries to receive any benefit under the plan shall
cease.
Sec. 2-161. Benefit amounts.
(a) Normal retirement benefit.
(1)
(d) Buy-back of previous service. Each member
of the plan who terminates his employment with
the employer and who is subsequently reem- (2)
ployed by the employer shall be permitted to
"buy-back" his previous credited service under the
following conditions:
(1) The length of time between the member's
termination date and his subsequent re-
employment date is not limited.
(2) The member must pay into the fund an
amount equal to the sum of the amount he
withdrew from the fund when he termi-
nated employment, plus interest thereon
at the rate of seven (7) percent from the
date of withdrawal to the date of repay-
ment.
(3) The board shall notify the employee of the
total amount payable, as described above.
Payment must be made within ninety (90)
days of such notification.
(4) Upon timely payment of the required
amount, the employee shall immediately
Supp. No. 61 154
Amount. Each member who retires on or
after his normal retirement date shall be
eligible to receive a normal retirement
benefit commencing on his actual retire-
ment date. The monthly normal retire-
ment benefit shall be an amount equal to
the sum of two and one half (2Y2) percent
of his average monthly earnings multi-
plied by the member's credited service for
the first twenty-four (24) years; zero (0)
percent of his average monthly earnings
multiplied by the member's credited ser-
vice for each year after twenty-four (24)
years up to thirty (30) years; and two (2)
percent of his average monthly earnings
multiplied by the member's credited ser-
vice for each year in excess of thirty (30)
years.
Form of benefit. The normal retirement
benefit shall commence on the member's
actual retirement date and be payable on
the first day of each month thereafter,
with the last payment being the one next
preceding the retiree's death. If the mem-
ber should die before one hundred twenty
(120) monthly payments are made, pay-
ments are then continued to the desig-
nated beneficiary until one hundred twenty
(120) monthly payments in all have been
made, at which time the benefits cease.
(3) Optional forms of benefit. In lieu of the
form of benefit just described, a member
may choose an optional form of benefit as
provided in section 2-162 below.
(4) One hundred (100) percent vesting. Each
member who attains normal retirement
date or reaches ten (10) years of credited
service shall be one hundred (100) percent
vested in their accrued benefit.
NORTH PALM BEACH CODE
Sec. 2-170.8.
Vesting provisions.
Sec. 2-170.9.
Village contributions.
Sec. 2-170.10.
Trustee and contact person.
Sec. 2-170.11.
Point system.
Division 6. ICMA Defined Contribution Pension Plan
Sec. 2-170.12. Creation.
Sec. 2-170.13. Vesting period.
Sec. 2-170.14. Administrative services agreement and adoption agreements.
Sec. 2-170.15. Effective date.
Article VI. Code Enforcement
Sec. 2-171.
Declaration of legislative intent.
Sec. 2-172.
Definitions.
Sec. 2-173.
Applicability.
Sec. 2-174.
Special magistrates.
Sec. 2-175.
Enforcement procedure.
Sec. 2-176.
Conduct of hearing.
Sec. 2-177.
Powers of the special magistrate.
Sec. 2-178.
Fines; liens.
Sec. 2-179.
Duration of lien.
Sec. 2-180.
Appeal.
Sec. 2-181.
Notices.
Sec. 2-182.
Actions for money judgments; limitation.
Sec. 2-183.
Provisions supplemental.
Secs. 2-184-2-250. Reserved.
Article VII. Alternate Method of Code Enforcement
Sec. 2-251.
Issuance of citations.
Sec. 2-252.
Form and contents of citation.
Sec. 2-253.
Codes to be enforced by citation.
Sec. 2-254.
Right to hearing; maximum penalty.
Sec. 2-255.
Failure to accept citation.
Sec. 2-256.
Provisions additional and supplemental.
Supp. No. 62 134.2
NORTH PALM BEACH CODE
Ord. No.
Date
Adopted
Included/
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
2019-01
3-14-19
Included
71
2019-02
4-11-19
Omitted
71
2019-04
5-23-19
Included
71, Add.
2019-03
6-27-19
Included
72
2019-05
6-27-19
Omitted
72
2019-06
7-11-19
Included
72
2019-07
7-25-19
Included
72
2019-08
8- 8-19
Included
72
Supp. No. 72 SHA
NORTH PALM BEACH CODE
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Supp. No.
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14
2883, 2884
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25, Add.
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33
2891, 2892
51
2893, 2894
60
2895, 2896
72
2897
72
2933, 2934
25
2935, 2936
71, Add.
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72
2939, 2940
72
2941, 2942
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72
2949, 2950
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2957, 2958
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[6]
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OC
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2046.1
62
1367
5
2047, 2048
OC
1411
OC
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OC
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OC
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OC
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OC
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OC
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OC
1520.1, 1520.2
64
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33
1520.3, 1520.4
64
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47
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OC
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37
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OC
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66
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OC
1683, 1684
33
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33
1684.13 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
2488.33 2488.4
62
1787, 1788
65
2488.5, 2488.6
62
1789, 1790
65
2488.7, 2488.8
72
1791, 1792
65
2488.9, 2488.10
72
1793, 1794
65
2488.10.1
72
1795, 1796
65
2488.11
67
1797, 1798
65
2489, 2490
59
1799
65
2491,2492
59
[4]
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NORTII PALM BEACH CODE
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Supp. No.
141,142
62
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72
142.1, 142.2
62
329,330
72
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52
3315332
72
144.1
52
3335334
72
1455146
47
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72
147, 148
47
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72
1495150
47
337
71
151,152
65
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152.15 152.2
65
3835384
71
152.2.1
65
385,386
71
152.3, 152.4
47
387,388
60
152.5, 152.6
60
3895390
60
1535154
61
391,392
60
154.1
61
392.1, 392.2
60
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46
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60
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52
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60
1595160
61
3939394
56
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61
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56
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46
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56
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46
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56
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52
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40
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65
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53
164.3
65
401
53
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48
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57
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OC
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52
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36
269
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2
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24
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13
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52
[2]
Supp. No. 72
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. 72 xvi
NORTH PALM BEACH CODE
Chapter Page
17.
Licenses and Miscellaneous Business Regulations ........
1051
Art.
I. In General ..................................
1053
Art. II. Planning Commission .......................
Art.
II. Local Business Tax .........................
1057
1348
Art.
III. Businesses Located Outside Village Limits..
1060.4
Art.
IV. Simulated Gambling Devices ................
1063
Art. VI. Archaeological Site Protection Regulations...
Art.
V. Ambulances .................................
1065
1411
Art.
VI. Garage and Other Sales ....................
1066
Art.
VII. Business Advisory Board ..................
1066
Art. II. Reserved ...................................
Art.
VIII. Peddlers and Solicitors ....................
1067
17.5
Reserved .............................................
1121
18.
Motor Vehicles and Traffic ..............................
1171
1519
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. 72 xiv
NORTH PALM BEACH CODE
Chapter Page
Art. IV.
Manager ...................................
144
Art. V. Pensions and Retirement Systems ............
144
Div.
1. Generally ...............................
144
Div.
2. Social Security ..........................
144
Div.
3. Pension and Certain Other Benefits for
387
Art. IV. Abatement of Unsafe or Unsanitary Buildings
General Employees ......................
145
Div.
4. Pension and Certain Other Benefits for
401
Art. VII. Reserved ..................................
Fire and Police Employees ...............
152.3
Div.
5. Length of Service Award Plan for Volunteer
455
Art. II. Filling Permit ..............................
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 .........................
331
Div.
5. Erosion Control Structures ...............
336
Art. IV.
Marine Sanctuaries .........................
336
Art. V. Waterways Board ...........................
336.1
6. Buildings and Building Regulations ......................
381
Art. I. In General ..................................
383
Art. II. Minimum Construction Standards ...........
383
Art. III. Appearance Code ..........................
384
Div. 1. Generally ...............................
384
Div. 2. Reserved ................................
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. Fill Permits .............................................
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. 72 xii