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Code of Ordinances Supplement 42SUPPLEMENT NO. 42 June 2009 CODE OF ORDINANCES Village of NORTH PALM BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 2009-006, adopted June 11, 2009. See the Code Comparative Table for further information. Remove old pages Insert new pages Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 267-269 267-269 2891 2891 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. 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Page No. Supp. No. Page No. Supp. No. Title page 1 77 OC iii 1 79, 80 OC v, vi OC 81, 82 25 vii, viii OC 83 25 ix OC 133 33 x.i, x.ii 1 134.1, 134.2 34 x.iii 1 134.3, 134.4 39 xi, xii 39 134.5, 134.6 39 xiii, xiv 41 135, 136 39 xv, xvi 41 137, 138 39 1 25 138.1, 138.2 33 3, 4 25 138.3 30 5, 6 25 139, 140 34 7, 8 25 140.1, 140.2 28 9, 10 29 141, 142 33 10.1, 10.2 38 142.1 33 10.3 38 143, 144 31 11, 12 25 144.1, 144.2 36 13, 14 25 145, 146 36 15, 16 33 146.1 36 16.1 33 147, 148 32 17, 18 25 148.1 32 19 25 149, 150 29 65 38 151, 152 39 Supp. No. 42 [1] NOR"I'H PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 153, 154 39 403 OC 155, 156 39 453 OC 156.1, 156.2 39 455, 456 22 156.3 39 507 22 157, 158 35 509, 510 33 159, 160 35 511 22 160.1 35 559 36 161, 162 25 561, 562 40 163, 164 36 563 40 164.1 36 615 36 165, 166 25 617, 618 36 167, 168 25 671 2 169 25 673 24 211 OC 695 13 213, 214 19 697 13 263 OC 723 24 265, 266 OC 725, 726 33 267, 268 42 727, 728 5 269 42 729 5 319 29 777 OC 321, 322 17 779, 780 OC 323, 324 33 781, 782 OC 325, 326 32 783, 784 OC 326.1 32 785, 786 OC 327, 328 27 787, 788 OC 329, 330 36 789 OC 331, 332 36 839 OC 332.1 27 889 39 333, 334 32 891, 892 40 335 32 892.1, 892.2 40 381 23 893, 894 39 383, 384 33 945 41 385 24 947, 948 41 398.3, 398.4 7 949, 950 41 398.5, 398.6 40 951 41 398.7, 398.8 40 997 OC 398.9, 398.10 40 999, 1000 22 398.11, 398.12 40 1051 33 398.13, 398.14 40 1053, 1054 31 398.15, 398.16 40 1054.1, 1054.2 31 398.16.1 40 1054.3, 1054.4 31 398.17, 398.18 33 1055, 1056 36 399, 400 OC 1057, 1058 33 401, 402 OC 1059, 1060 33 Supp. No. 42 [2] CHECKLIS"I' OF UP-"I'O-DA"I'E PAGES Page No. Supp. No. Page No. Supp. No. 1060.1, 1060.2 33 1465, 1466 OC 1060.3, 1060.4 33 1517 OC 1060.5 33 1519, 1520 OC 1061, 1062 8 1521, 1522 27 1063,1064 8 1523 27 1121 OC 1573 24 1171 OC 1575, 1576 29 1173,1174 28 1627 9 1175, 1176 36 1629, 1630 27 1177 36 1631 27 1225 31 1681 OC 1227, 1228 37 1683, 1684 33 1228.1 37 1684.1, 1684.2 24 1229, 1230 21 1685, 1686 OC 1231, 1232 21 1687, 1688 17 1233, 1234 33 1689, 1690 17 1235,1236 30 1739 14 1236.1 30 1741, 1742 21 1237,1238 16 1781 21 1239, 1240 33 1783, 1784 21 1241, 1242 33 1785, 1786 33 1289 3 1787,1788 33 1291, 1292 OC 1788.1 33 1293, 1294 29 1789, 1790 21 1295 29 1791,1792 21 1343 4 1793,1794 21 1345, 1346 22 1795, 1796 21 1346.1 22 2043 OC 1347, 1348 29 2045, 2046 33 1349, 1350 33 2046.1 25 1351, 1352 33 2047, 2048 OC 1353, 1354 33 2049, 2050 OC 1355, 1356 33 2051, 2052 OC 1356.1 33 2053 OC 1357, 1358 OC 2353 OC 1359, 1360 33 2355, 2356 OC 1361, 1362 33 2357, 2358 33 1363, 1364 33 2359, 2360 33 1365, 1366 33 2361, 2362 33 1366.1, 1366.2 33 2363, 2364 33 1366.3, 1366.4 33 2364.1 33 1367 5 2365, 2366 OC 1411 OC 2367, 2368 37 1463 OC 2368.1 37 Supp. No. 42 [3] NOR"I'H PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 2369, 2370 OC 2510.25, 2510.26 25, Add. 2371, 2372 OC 2510.27, 2510.28 25, Add. 2373, 2374 33 2510.29, 2510.30 25, Add. 2375, 2376 33 2510.31, 2510.32 25, Add. 2377, 2378 33 2510.33, 2510.34 25, Add. 2379 33 2510.35, 2510.36 25, Add. 2479 9 2510.37, 2510.38 25, Add. 2481, 2482 41 2510.39, 2510.40 25, Add. 2483, 2484 41 2510.41, 2510.42 25, Add. 2485, 2486 41 2510.43, 2510.44 25, Add. 2486.1, 2486.2 41 2510.45, 2510.46 25, Add. 2486.3, 2486.4 41 2510.47, 2510.48 25, Add. 2486.5, 2486.6 41 2510.49, 2510.50 25, Add. 2486.7, 2486.8 41 2510.51, 2510.52 25, Add. 2486.9, 2486.10 41 2510.53, 2510.54 25, Add. 2487, 2488 OC 2510.55, 2510.56 25, Add. 2488.1, 2488.2 18 2510.57, 2510.58 25, Add. 2489, 2490 18 2511, 2512 30 2491, 2492 18 2512.1, 2512.2 23 2493, 2494 18 2512.3, 2512.4 33 2495, 2496 18 2512.5, 2512.6 33 2497, 2498 32 2512.7 33 2499, 2500 32 2513, 2514 OC 2500.1 32 2515, 2516 22 2501, 2502 25 2517, 2518 22 2503, 2504 28 2619 38 2504.1, 2504.2 29 2819, 2820 36 2504.3 28 2869, 2870 OC 2505, 2506 10 2871 OC 2507, 2508 13 2873 OC 2509, 2510 32 2875, 2876 OC 2510.1, 2510.2 32 2877, 2878 OC 2510.2.1 32 2879, 2880 OC 2510.3, 2510.4 25, Add. 2881, 2882 14 2510.5, 2510.6 25, Add. 2883, 2884 14 2510.7, 2510.8 25, Add. 2885, 2886 19 2510.9, 2510.10 25, Add. 2887, 2888 25, Add. 2510.11, 2510.12 25, Add. 2889, 2890 33 2510.13, 2510.14 25, Add. 2891 42 2510.15, 2510.16 25, Add. 2933, 2934 25 2510.17, 2510.18 25, Add. 2935, 2936 41 2510.19, 2510.20 25, Add. 2937, 2938 39 2510.21, 2510.22 25, Add. 2938.1 39 2510.23, 2510.24 25, Add. 2939, 2940 37 Supp. No. 42 [4] CHECKLIS"I' OF UP-"I'O-DA"I'E PAGES Page No. Supp. No. 2941, 2942 36 2943, 2944 41 2944.1 41 2945, 2946 39 2947, 2948 41 2949, 2950 36 2951, 2952 41 2952.1 41 2953, 2954 36 2955, 2956 39 2957, 2958 36 2959, 2960 36 Supp. No. 42 [5] ANIIVLALS AND FOWL license for each dog or cat from the county animal control. (b) Failure to have a dog or cat properly li- censed shall result in an automatic fine of at least ten dollars ($10.00) for each separate offense. (Code 1970, § 4-13; Ord. No. 206-70, § 7; Ord. No. 210-70, § l; Ord. No. 10-76, § 1, 6-10-76) Sec. 4-25. Collar and tag-Required. Every owner shall provide each dog and cat more than four (4) months of age kept, harbored or otherwise maintained by him in the village with a sturdy collar to which the license tag referred to in section 4-24 of this Code shall be securely fastened and it shall be the owner's duty to make certain that the collar and tag are worn at all times by the dog or cat when off the owner's premises. (Code 1970, § 4-19; Ord. No. 10-76, § 2, 6-10-76) Sec. 4-26. Same-Unauthorized removal. No person, other than the owner or keeper, shall remove or cause to be removed the collar or tag required by section 4-25 of this Code from any dog or cat within the village. (Code 1970, § 4-20; Ord. No. 206-70, § 8) Sec. 4-27. Prohibited in certain areas; excep- tions. (a) The owner of any dog or cat shall not permit or allow such dog or cat to be or enter upon any church premises, public hall or building, school premises, restaurant, store, market or any place where food or drink is commercially dis- pensed or sold. (b) In public parks where the village has set aside a portion of the park for use as a dog park, dogs are only permitted in that dedicated area. In all other public parks, dogs shall be permitted in all areas with the exception of playgrounds and dedicated athletic fields and courts, including, but not limited to, tennis courts, basketball courts, baseball fields, softball fields, racquetball courts and volleyball courts, provided that the person having possession, charge, custody or control of § 4-28 the dog complies with all other requirements of this article, including, but not limited to, sections 4-28, 4-31 and 4-32 below. (c) Any dog or cat found running at large in any public park of the village shall be impounded by the police department in the manner provided for in section 4-30. (d) The provisions of paragraphs (a) through (c) shall not apply to guide and service dogs pursuant to F.S. section 413.08, nor shall the provisions of paragraphs (a) through (c) apply to dogs and cats being exhibited at pet shows or dog training schools during the time said shows and training schools are being conducted, all of which must be within the confines of premises and areas set out in paragraphs (a) through (c), above. (Code 1970, §§ 4-11, 4-12; Ord. No. 206-70, § 9; Ord. No. 13-80, § 1, 6-12-80; Ord. No. 25-98, § 1, 10-8-98; Ord. No. 02-2004, § 1, 1-22-04; Ord. No. 2009-006, § 2, 6-11-09) Sec. 4-28. Running at large. (a) Dogs on streets and sidewalks. No person owning or having possession, charge, custody or control of any dog shall cause, permit or allow the dog to stray, run, be, go or in any other manner to be at large in or upon any public park, street or sidewalk unless accompanied by an attendant who shall have such dog firmly held by collar and leash, which leash is not to exceed eight (8) feet in length. (b) Dogs on property of others. No person own- ing or having possession, charge, custody or con- trol of any dog shall cause, permit or allow the dog to stray, run, be, go or in any other manner to be at large in or upon private property of others within the village without the express or implied consent of the owner of such private property. (c) Cats. No person owning, harboring or hav- ing in his possession any cat shall knowingly permit or allow such cat to run at large within the village, or knowingly allow such cat to be upon any street, boulevard, road or alley of the village or in any yard or enclosure other than the yard or enclosure occupied or owned by such cat owner between the hours of 11:00 p.m. and 7:00 a.m. (Code 1970, § 4-21; Ord. No. 206-70, § 12; Ord. No. 3-75, § l; Ord. No. 10-76, § 3, 6-10-76; Ord. No. 2009-006, § 2, 6-11-09) Supp. No. 42 267 § 4-29 NOR'PH PALM BEACH CODE Sec. 4-29. Vicious, biting and attacking dogs. (a) It shall be the duty of the owner of any dog to prevent such dog from biting or attacking any person in the village, and if a person is bitten by a dog he shall report the incident to the depart- ment of public safety immediately. (b) Whenever any dog shall have bitten any person, the director of public safety may order such dog quarantined in the county animal rescue league shelter or county animal control center or in a veterinarian's kennel, or on the owner's premises, for period extending not longer than fourteen (14) days from the date of biting. (c) All expense incurred while the dog is in quarantine shall be borne by the owner, keeper or harborer of the dog. (d) Any dog which may unprovokedly bite or attack any person in the village is hereby de- clared to be a public nuisance and such dog may be apprehended and impounded at any time by any police officer, or other person charged with the enforcement of this chapter. If such dog is impounded, the owner shall have no right to redeem the dog if it has unprovokedly attacked or bitten any person or persons in the village on two (2) or more separate occasions within any twenty- four-month period unless he shall remove such dog from the village, immediately upon redemp- tion and shall not thereafter keep, harbor or otherwise maintain such dog in the village at any time. A dog bite or attack shall be considered unprovoked if the dog which bites or attacks is unleashed or not confined on the owner's pre- mises at the time. (Code 1970, § 4-26; Ord. No. 206-70, § 5; Ord. No. 10-76, § 4, 6-10-76) Sec. 4-30. Impoundment. (a) Required. Whenever a dog or cat is within the corporate limits of the village in violation of the provisions of this chapter, it shall be the duty of any police officer of the village, when such fact shall be called to his attention, to take charge of such dog or cat and impound it. (b) Notice. Any police officer or other employee of the village who impounds or otherwise acquires possession of a dog or cat who has a license tag affixed to such animal, shall make every effort to notify the owner as soon as is reasonably possible. (c) Redemption by owner: Within forty-eight (48) hours thereafter, the owner of such dog or cat may apply for its release and such release shall be granted providing the owner shall have paid whatever fines, if any, may have been imposed for the violation of this chapter and providing the owner shall also pay a pickup fee of ten dollars ($10.00) plus a boarding fee of three dollars ($3.00) for each day the dog or cat is impounded following the first day of impoundment. (d) Disposition upon owner's failure to redeem. If the owner of the dog or cat shall not make application for its release within forty-eight (48) hours, or shall not pay the charges and fines above referred to, then the director of public safety will release such dog or cat to the county animal rescue league. (Code 1970, § 4-34; Ord. No. 206-70, § 13; Ord. No. 8-73, § l; Ord. No. 13-80, § 2, 6-12-80) Sec. 4-31. Persons walking dogs responsible for removal of waste. It shall be unlawful for any person, while walking a dog, to permit such dog to defecate upon private property not owned by such person or not owned by the owner of the dog, or upon public property, including, but not limited to, public parks, sidewalks and Swale areas, without removing the fecal matter immediately after such defecation has ended. (Ord. No. 8-79, § 1, 5-10-79; Ord. No. 2009-006, § 2, 6-11-09) Sec. 4-32. Persons walking dogs to carry waste-removal implements. Any person who walks a dog off the premises where the owner of the dog resides or off the premises where the person who is walking the dog resides shall carry with him, at all times when so walking a dog, appropriate implements to remove any fecal matter deposited by the dog on public property or upon private property not owned by the owner of the dog nor owned by the person walking the dog, together with adequate containers to carry the fecal matter back to the private property of the owner of the dog or back to Supp. No. 42 268 ANIIVLALS AND FOWL the private property of the person walking the dog. In lieu of the foregoing, persons walking dogs off the premises where the owner of the dog resides or where the person walking the dogs resides may deposit fecal matter in receptacles specifically provided and dedicated for that pur- pose. (Ord. No. 8-79, § 2, 5-10-79; Ord. No. 2009-006, § 2, 6-11-09) Secs. 4-33-4-41. Reserved. ARTICLE III. RABIES CONTROL Sec. 4-42. Rabid animals-Declared nui- sance. Any dog, cat or other animal suffering from rabies is hereby declared to be a public nuisance and any such animal may be slain by any police officer, or other person charged with the enforce- ment of this chapter, if the same cannot be safely apprehended and impounded. (Code 1970, § 4-30) Sec. 4-43. Same-Confinement. It shall be the duty of any person keeping, harboring or otherwise maintaining any dog, cat or other animal suffering from rabies to place it immediately in a veterinary hospital or, upon demand, to surrender such dog, cat or other animal to any police officer, or other person charged with the enforcement of this chapter. (Code 1970, § 4-31) Sec. 4-44. Same-Duty to report; impound- ing. (a) It shall be the duty of every person who discovers that any dog, cat or other animal has been bitten by a dog, cat or other animal suffering with rabies to report such fact immediately to the director of public safety. Such report shall give the name, if known, the place of residence of the person keeping, harboring or otherwise maintain- ing any such dog, cat or other animal, the place where the same can be found, and the license numbers of any such dog or cat, if known. § 4-46 (b) Any such dog, cat or other animal shall be immediately confined in a veterinary hospital or taken up and impounded and securely kept until it can be determined whether any such dog, cat or other animal is suffering with rabies. (Code 1970, § 4-32) Sec. 4-45. Muzzles; when required. Whenever the mayor, by proclamation, shall declare that danger from rabies is great, it shall be unlawful to permit or allow any dog or cat upon the public street, alley or sidewalk or other place unless such dog or cat is securely muzzled. (Code 1970, § 4-33) Sec. 4-46. Reporting death or destruction. In all cases where any dog, cat or other animal which has bitten a person is slain or dies within fourteen (14) days from the time of the bite, it shall be the duty of the person slaying such dog, cat or other animal, and the owner of such dog, cat or other animal to notify the police depart- ment and to immediately deliver such dog, cat or other animal intact to such department, or cause the same to be done. (Code 1970, § 4-28) ('Phe next page is 3191 Supp. No. 42 269 CODE COMYARA'P1VE 'FABLE Adoption Section Ord. No. Date Section this Code 8 19-221 9 29-5(a) 10 App. C, § 45-20(9), (10) 11 App. C, § 45-36 Q(5) 2007- 01 1-11-07 2 Added 21-48 2007- 03 2- 8-07 2 6-17 2007- 10 4-12-07 1 2-52(a) 2 2-54(3) 2007- 13 7-12-07 1, 2 2-1 2007- 16 10-25-07 2 Added App. C, § 45-16.1 2007- 17 10-25-07 2 Added 2-166(1)d. 2007- 19 12-13-07 2,7 18-34 3 2-173 2007- 20 12-13-07 2 Rpld 9-16 9-21 3 9-16 9-19 2007- 21 12-13-07 2 14-30(2) 2008- O1 1-10-08 2 6-ll5(F) 2008- 02 1-10-08 2 2-148 2008- 03 1-24-08 2 10-5 Dltd 10-6 10-8 Ruud 10-9 as 10-6 Dltd 10-10 Ruud 10-13 as 10-7 4 Rpld 10-58 10-64 3 10-76 Rpld 10-77 2008- 04 1-24-08 2 5-83 5-85 2008- 06 2-28-08 2 Added 19-11 2008- 07 4-10-08 2 36-23 2008- 09 8-28-08 App. D 2008- 15 10-23-08 2 Rpld 14-37 14-52 3 Rpld 14-79 14-83 Added 14-79 14-83 2008- 16 10-23-08 2 14-30 2008- 17 11-13-08 2 2-4 2008- 18 11-13-08 2 5 2-159 2-162 2009- 01 1- 8-09 2 Added 14-31 2009- 02 1-22-09 2, 3 6-111, 6-112 4 6-114 6 6-115 2009- 03 1-22-09 2 9-17(a) 2009- 04 4-23-09 2 App. C, § 45-2 3 App. C, § 45-19 D. 4 App. C, § 45-27 A.l. Added App. C, § 45-27 F. 2009- 05 5-14-09 2 Added 15-ll 15-18 2009- 006 6-11-09 2 4-27, 4-28 4-31, 4-32 ('Phe next page is 29331 Supp. No. 42 2891