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Pages Replaced by Supplement #46TABLE OF CONTENTS Page Officials of the Village ....................................... iii Preface ..................................................... v Adopting Ordinance ......................................... vii Readopting Ordinance ....................................... x.i Checklist of Up-to-Date Pages ................................ C1] PART I CHARTER Charter ..................................................... 1 Art. I. Corporate Name .............................. 3 Art. LA. Vision Statement ........................... 3 Art. II. Territorial Boundaries ....................... 3 Art. III. Legislative ........... . ......... . . . ...... . .. 10.2 Art. N 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 ................................... 135 Art. II. Council ..................................... 137 Div 1. Generally ............................... 137 Div 2. Rules of Procedure ....................... 138 Art. III. Administrative Code ........................ 138.1 Div. 1. Generally ....... . ................ . ...... 138,1 Div 2. Audit Committee ........................ 139 :. Div 3. Department of Finance ................... 140 Div 4. Department of Records ................... 140.1 Div 5. Department of Public Safety .............. 141 Div. 6. Department of Public Works .............. 142 Div. 7. Department of Library ................. . . 142 Div. 8. Department of Country Club ............. 142 Div 9. Department of Recreation ................ 142 Div. 10. Department of Community Development . 142.1 Art. IV. Manager ................................... 142.1 Art. V. Pensions and Retirement Systems ..... , , , .... 143 Div. 1. Generally ............................... 143 Supp. AIa. 44 xi NORTH PALM BLACH COD7•i Chapter Page Div. 2. Social Security ................ . .......... 143 Div 3. Pension and Certain Other Benefits for Gen- eral Employees .......................... 144.1 Div 4. Pension and Certain Other Benefits for Fire and Police Employees .................... 151 Div 5. Length of Service Award Plan for Volunteer Firefighters ............................. 161 Div 6. ICMA Defined Contribution Pension Plan.. 163 Art. VI, Code Enforcement Board .................... 163 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 .......................... . . .. 266 Art. III. Rabies Control ............................. 269 5. Boats, Docks and Waterways ................. . . . ......... 319 Art. I. In General ................................... 321 Art. II. Boat Launching Area ........................ 325 Art. III. Construction Requirements . . ............... 326 Div 1. Generally ............................... 326 Div 2. Canals .................................. 326 Div 3. Bulkheads and Seawalls .................. 327 Div 4. Docks and Piers ......................... 328 Div 5. Erosion Control Structures ............... 333 Art. IV. Marine Sanctuaries ......................... 333 Art. V. Waterways Board ............................ 334 6. Buildings and Building Regulations ........... . ........... 381 Art. I. In General ................................... 383 Art. II. Minimum Construction Standards............ 383 Art. III. Appe~u~ance Cade ........................... 384 Div 1. Generally ............................... 384 Div 2. Reserved ................................ 398.3 Div 3. Certificate of Appz apriateness ............ 398.3 Art. N Reserved ................................... 398.5 Art. V. Signs and Outdoor Displays .................. 398,5 Art. VT. Energy Efficiency Building Cade ............. 398.18 Art. VII. Coastal Construction Code ................. 398.18 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 9. Country Club ............................................ 559 Art, I. In General ................................... 561 Supp. Nff. 44 xii TABLE OF CONTENTS---Contd. Chapter Page Art. II. Golf Advisory Board ......................... 562 Supp. ATo. 44 xii.i FABLE OF G~NTEN~'S-Contd. Chapter Page Art. III. Finances ................................... 563 10. Elections ............................................... 615 Art. I. In General ................................... 617 Art. II. Reserved ................................... 618 Art. III. Reserved ................................... 618 Art. IV. Palling Locations ........................... 618 11. Electricity .............................................. 671 Art. T. 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. Fire Division ............................... 726 Div. 1. Generally ............................... 726 Div. 2. Personnel ............................... 727 Div 3. Equipment .............................. 727 Div. 4. Reserved ................................ 728 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances ........... 728 12.5 Flood Damage Prevention .............................. 777 Art. I. In General ................................... 779 Art. II. Administration .............................. 783 Art. III. Provisions for Flood Hazard Reduction ....... 786 13. Reserved ............................................... 839 14. Health and Sanitation .................................. 889 Art. T. Tn General ................................... 891 Art. II. Garbage, Trash and Refuse .................. 891 Div. 1. Generally ............................... 891 Div. 2. Garbage Collection and Disposal .......... 891 Div 3. Reserved ................................ 892 Art. TII. Reserved ................................... 892 Art. IV. Abatement of Public Nuisances on Private Prop- erty ........................................ 893 15. Housing ............................................... 945 Art. I. In General ................................... 947 Axt. II. Abandoned Real Property ............... . .... 949 16. Library ................................................ 997 Art. I. In General ................................... 999 Art. II. Library Board ............................... 999 17. Licenses and Miscellaneous Business Regulations.. , , , , ... 1051 Art. I. In General ................................... 1053 Supp. iVff. 45 xiii NORTH PALM BLACFI COI}E Chapter Page Art. II. Local Business Tax .......................... 1057 Art. III. Businesses Located Outside Village Limits ... 1060.4 Art, N Reserved ................................... 1063 Art. V Ambulances ................................. 1063 Art. VI. Garage and Other Sales ..................... 1063 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 ............. 1175 19. Offenses and Miscellaneous Provisions ................... 1225 Art. I. In General ................................... 1227 Art. II. Sexual Offenders and Sexual Predators ....... 1228 Art. III. Offenses Against Property ................... 1228.1 Art.. IV. Offenses Against Public Morals .............. 1228.1 Art. V. Offenses Against Public Peace ...... . ......... 1229 Art. VI. Noise Control .............................. 1229 Art. VII. Reserved .................................. 1235 Axt. VIII. Weapons ................................. 1235 Art. IX. Water Shortage Emergencies ................ 1236 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 Art. II. Excavations ................................. 1519 Div. 1. Generally ............................... 1519 Div 2. Permit .................................. 1520 Supp. No. 45 xiv TAI3LL, OF GONTL++'NZ;S-Cnnt'd. Chapter Page Art. III. Sidewalks and Driveways ................... 1520 Div 1. Generally ............................... 1520 Div. 2. Permi.ts ................................. 1522 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. T. In General ................................... 1683 Art. II. Trees in Swale Areas ........................ 1683 Art. III. Landscaping ............................... 1684 Div, 1. Generally ............................... 1684 Div. 2. Reserved ................................ 1.686 Div. 3. Requirements far Certain Yard Areas, Off- Street Parl~ing and Other Vehicular Use Areas ................................... 1686 28. Use of Rights-Of--Way for Utilities ....................... 1739 29. Telecommunications ................ . . . ........... . ..... 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. VIL Legal Status ............................... 2379 C. Zoning .................................................. 2479 Art. I. In General ................................... 2481 Art. II. Generally ................................... 2485 Art. III. District Regulations ........................ 2486.6 Arts, N, V. Reserved ................................ 2515 Art. `~I. Amendments-Fees; Waiting Periods......... 2515 Art. VII. RTOnconforming Uses of Land and Structures. 2516 D. Franchises .............................................. 2619 Statutory Reference Table .................................... 2819 Code Comparative Table-1970 Code .... . . .... . .......... . ... 2869 Supp. N~. 41 xv NOR`l'EI PALIvi BLACI3 CODD Page Code Comparative Table-Laws of Florida .................... 2873 Code Comparative Table-Ordinances ........................ 2875 Chaxter Index ............................................... 2933 Code Index ................................................. 2935 Supg. Na. 41 xyi Checklist of Up-to-Date Pages (This checklist will be updated with the painting of each Supplement} From our experience in publishing Looseleaf Supplements on apage-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 far 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 Na. Supp. No. Title page 1 65 38 iii 1 77 OC v, vi OC 79, 80 OC vii, viii OC 81, 82 25 ix OC 83 25 x.i, x.ii 1 133 44 x.iii 1 134.1, 134.2 34 xi, xii 44 134.3, 134.4 39 xii.i 44 134.5, 134.6 39 xui, xiv 45 135, 136 39 xv, xvi 41 137, 138 39 1 25 138.1, 13$,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 Supp. No. 45 [1] NORTH PALTvI BEACH CODE Page No. Supp. No. Page No. Supp. No. 151, 152 39 401, 402 OC 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, 174 44 673 24 211 OC 695 13 213, 214 19 697 13 263 OC 723 24 265, 266 OC 725, 726 44 267, 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 333, 334 45 889 39 335 45 891, 892 40 3$1 23 892.1, $92.2 40 383, 384 33 893, 894 43 385 24 945 41 398.3, 398.4 7 947, 948 41 398.5, 398.6 45 949, 950 41 398.6.1 45 951 41 398.7, 398.8 40 997 OC 398.9, 398.10 45 999, 1000 22 398.11, 398.12 40 1051 33 398.13, 398.14 40 1053, 1054 31 398.15, 398.16 40 1054.1, 1054.2 31 398.16.1 40 1054.3, 1054.4 31 398.17, 398.18 33 1055, 1056 36 399, 400 OC 1057, 1058 33 Supp. No. 45 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page Na. Supp. No. 1059, 1060 33 1463 OG 1060.1, 1060.2 43 1465, 1466 OC 1060.3, 1060.4 43 1517 OC 1060.5 43 1519, 1520 OC 1061, 1062 8 1521, 1522 27 1063,1064 S 1523 27 1121 OC 1573 24 1171 OC 1575, 1576 29 1173,1174 28 1627 9 1175, 1176 36 1629, 1630 27 1177 36 1631 27 1225 31 1681 OC 1227, 1228 37 1683, 1684 33 1228.1 37 1684.1, 1684.2 24 1229, 1230 21 1685, 1686 OC 1231, 1232 21 1687, 1688 17 1233, 1234 33 1689, 1690 17 1235,1236 30 1739 14 1236.1 30 1741, 1742 21 1237,1238 16 1781 21 1239, 1240 33 1783, 1784 21 1241, 1242 33 1785, 1786 33 1289 3 1787,1788 33 1291, 1292 OC 1788.1 33 1293, 1294 29 1789, 1790 21 1295 29 1791, 1792 21 1343 4 1793, 1794 21 1345, 1346 45 1795, 1796 21 1347, 134$ 45 2043 OC 1349, 1350 45 2045, 2046 33 1350.1, 1350.2 45 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, 135$ 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 Supp. No. 45 [3] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 2368.1 37 2510.23, 2510.24 25, Add. 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. 24$9, 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 45 2501, 2502 25 2516.1 45 2503, 2504 28 2517, 2518 22 2504.1, 2504.2 29 2619 38 2504.3 28 2819, 2820 44 2505, 2506 10 2869, 2870 OC 2507, 2508 13 2871 OC 2509, 2510 32 2873 OC 2510.1, 2510.2 45 2875, 2876 OC 2510.2.1 45 2877, 2878 OC 2510.3, 2510.4 25, Add. 2879, 2880 OC 2510.5, 2510.6 25, Add. 28$1, 2882 14 2510.7, 2510.8 25, Add. 2883, 2884 14 2510.9, 2510.10 25, Add. 2885, 2886 19 2510.11, 2510.12 25, Add. 2887, 2888 25, Add. 2510.13, 2510.14 25, Add. 2889, 2890 33 2510.15, 2510.16 25, Add. 2891, 2892 45 2510.17, 2510.18 25, Add. 2933, 2934 25 2510.19, 2510.20 25, Add. 2935, 2936 44 2510.21, 2510.22 25, Add. 2936.1 44 Supp. No. 45 [4] CHECKLIST OR UP-TO-DATE PAGES Page No. Supp. No. 2937, 2938 39 2939, 2940 44 2940.1 44 2941, 2942 36 2943, 2944 44 2944.1 41 2945, 2946 39 2947, 2948 45 2949, 2950 45 2950.1 45 2951, 2952 41 2952.1 41 2953, 2954 36 2955, 2956 39 2957, 2958 36 2959, 2960 45 Supp. No. 48 ~5~ ADNIINISTRAPION action is based an an actuarial review by an enrolled actuary who is a member of the Society of Actuaries. (f) All portions of Division 3, Pension and. Certain Other Benefits for General Employees, of Article V of Chapter 2 of the Code of Ordinances that are not in conflict with this Section 2-158 shall have full applicability to this optional ben- efit plan. (Ord. No. 12-96, § 2, 3-2$-96; Ord. No. 28-96, § 1, 7-25-96; Ord. No. 35-2003, §§ 2, 3, 12-11-03; Ord. No. 16-2004, § 2, 7-22-04) See. 2-158.1. Optional benefit plan no. 2. Cost of lining adjustment. The amount of pen- sion benefit will be increased or decreased in accordance with the changes in the consumer price index published by the U,S. Bureau of Labor Statistics. Adjustments of pension payments will be made on October 1 of each year reflecting the change in the consu.zner price index over the 12-month period ending April 1 of that year. The maximum increase or decrease in the member's pension benef'zt for any one (1) year is three {3} percent. However, the member's pension benefit can never be reduced below the amount the mem- bex received at date of retirement. Such adjust- ments shall apply to each retirement, survivor or disability benefit in pay status as of each October 1. This provision is mandatory for all employees hired after the effective date of this section and such employees shall contribute two (2) percent of their salary for this benefit. The cost of living adjustment and contribution of salary as specified in this section shall be optional with all employ- ees who were hired prior to the effective date of this ordinance. The cost of living adjustment (COLA) set forth herein shall apply to all forms of benefits set Earth in sections 2-148, 2-149 and 2-158 of this Code. For general employee group members and bar- gaining unit employee group paxticipants, the cost of living adjustment (COLA) shall not apply to lump sum calculations for employees hired by the village subsequent to the effective date of the ordinance from which this section derives. (Ord. No. 13-2000, § 1, 5-11-00; Ord. No. 25-2005, § 3, 9-8-05; Ord. Na. 27-2005, § 3, 9-29-05) § 2-159 DIVISION 4. PENSION AND CERTAIN OTIIER BENEFITS FOR FIRE AND POLICE E11~IPLOYEES~` Sec. 2-159. Definitions. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accrued benefit means the portion of a member's normal retirement benefit which is considered to have accrued as of any date. A member's accrued benefit as of any date shall be equal to the sum of two and one-half (21/2) percent of his average monthly earnings multiplied by his credited ser- vice for the first twenty-four (24) years; zero (0) percent of his average monthly earnings multi- plied by the member's credited service 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 service for each year in excess of thirty (30) years. For purposes of this calculation, average monthly earnings and credited service as of the date of determination shall be used. The accrued benefit is considered to be payable in the plan's normal farm commencing on the member's normal retire- ment date, with such date determined as through the member remains in full-time employment with the employer. Accumulated contributions means a member's own contributions plus interest credited thereto, if any, by the board. Actuarial equivalence or actuat•iatly equivalent means that any benefit payable under the terms of this plan izz a form other than the zaormal form of benefit shall have the same actuarial present value on the date payment commences as the normal form of benefit. For purposes of establish- ing the actuarial present value of any farm of payment, all future payments shall be discounted for interest and mortality by using seven (7) *Editor's note-Ordinance No. 9-82, enacted June 10, 1982, did not expressly amend the Code; hence, codification of §§ 1-11 as herein set out in §§ 2-159-2-169 was at the discretion of the editor. Cross references-hire division, § 12-L9 et soq.; police, Ch. 23. Supp. No. 39 151 § 2-159 NORTH PALM BEACH CODE percent interest and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five (5) years in the case of disability retirees. .Flverage monthly earnings means one-sixtieth of earnings of a member during the five (5) years of his employment within the last ten (10) years of employment, which is greater than the total dur- ing any other five (5) years during the ten-year period; provided that if a member shall have been employed for fewer than five (5) years, such average shall be taken aver the period of his actual employment. Beneficiary means the person or persons enti- tled to receive benefits hereunder at the death of a member who has or have bean designated in writing by the member and filed with the board. If no such designation is in effect at the time of death of the rnember, or if no person so designated is living at that time, the beneficiary shall be the estate of the member. Board means the board of trustees which shall administer and manage the plan herein provided and serve as trustee of the fund. Credited service means the total number of years and fractional parts of years of service expressed as years and completed months, during which a person serves as an employee as defined below, omitting intervening years and fractional parts of years, when such person may not be employed by the employer; provided, however, such person may have, without interrupting his other years of credited service, up to one (1) year's leave of absence. Notwithstanding the foregoing, no employee will receive credit for years or fractional parts of years of service for which. he has withdrawn his contri- butions to the pension fund for those years or fractional parts of years of service unless he repays into the pension fund the contributions he has withdrawn, with interest, within ninety (90) days after his reemployment, as provided in sec- tion 2-160 below. Further, an employee may voluntarily leave his contributions in the pension fund for a period of five (5) years after leaving the employ of the employer, pending the passibility of his being rehired, without lasing credit for the time he has participated actively as an employee. Should he not be reemployed within five (5) years, his con- tributions shall be returned to him without inter- est. Tt is provided further that credited service shall include any service, voluntary or involuntary, in the az7ned forces of the United States, provided the employee is legally entitled to reemployment under the provisions of the Universal Training and Service Act or any similar law; and provided further that the employee shall apply for reem- ployment within the time and under the condi- tions prescribed by law. For any person who becomes a member of the system on or after October 1, 1978, such military service shall not be credited if he is receiving ar will receive in the future a retirement benefit from the federal gov- ernment based in whole or in part on such mili- tary service. Early retirement date means for each member the first day of the month coincident with or next following the date an which he attains his fiftieth (54th') birthday. Earnings means a member's gross salary, in- cludingovertime, public safety pay increment and special pay, but excluding bonuses, such as lon- gevity, safety and attendance awards and any other nonregular payments such as unused sick leave or vacation time pay. Effective date means March 1, 1967, the date on which this plan initially became effective. The effective date of this restated plan is the date as of which the village council adopts the plan. Employee means each actively employed full- time firefighter and police officer of the village. Employee means the Village of North Palm Beach, Florida. Firefighter means any person employed in the fire depaz~tment who is certified as a firefighter as a condition of einplayment in accordance with the provisions of F.S. section 633.35, and whose duty it is to extinguish fires, to protect life, and to protect property. Fund means the trust fund established herein as part of the plan. Supp. No. 39 152 ADMINISTRATION Member means an employee who fulfills the prescribed participation requirements. Normal retirement date means for each mem- ber the first day of the month coincident with ar next following the date on which the member attains age fifty-five (55) or the date on which the member attains age fifty-two (52) and has twenty- five (25} years of credited service. A member may retire on this normal retirement date or on the first day of any month thereafter. Plan or system means the Village of North Palm Beach Fire and Police Retirement Fund as contained herein and all amendments thereto. Flan year means each year commencing on October 1, and ending on September 30. Police officer means any person employed in the police department who is certified as a law enforcement officer as a condition of employment in accordance with the provisions of F.S. section 943.14, and who is vested with authority to bear arms and make arrests, and whose primary re- sponsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic or highway laws of the state. Any public safety officer who is responsible for performing both police and fire services and who is certified as a police officer or firefighter shall be considered a police officer. S`~aouse shall mean the lawful wife or husband of a member at time of preretireinent death or retirement. (Ord. No. 9-82, § 1, 6-10-82; Ord. No. 1-92, § 1, 2-13-92; Ord. No. 30-95, §§ 1, 2, 10-12-95; Ord. No, 2008-1$, § 2, 11-13-08) Sec. 2-160. Membership. (a) Conditions of eligibility. Each person who becomes an employee must become a member of the plan as a condition of his employment. Each such employee shall be considered a member immediately upon hire. (b) Application for membership. Each eligible employee shall, within thirty (30) days of becom- ing eligible, complete an application form cover- § 2-160 ing the following points, as well as such other points or items as maybe prescribed by the board: (1} Acceptance of the terms and conditions of the plan; (.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 alI medical records to the board. {c) Change in designation of beneficiary. Amem- ber may, from time to time, change his designated beneficiary by written native 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 shaIl cease. (d) Buy-back of previous service. Each member of the plan who terminates his employment with the employer and who is subsequently reem- ployed by the employer shall be permitted to "buy-back" his previous credited service under the following conditions: (1) The length of'tiine 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. 39 153 § 2-160 NORTH PAL1~i BEACH CODE be reinstated as member of the plan and shall be given credit for his previous cred- ited service. (.Ord. No. 9-82, § 2, 6-10-82; Ord.. No_ 1-92, § 2, 2-13-92; Ord. Na. 2008-18, § 3, 11-13-08) See. 2-161. Benefit amounts. (a} Normal retirement benefit. (1) (2) (3) (4} Amount. Each member who retires on ar 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 (21/z) 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 {30j 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 an the first day of each month thereafter, with the last payment being the one next preceding the retiree's death, with one hundred twenty (120} monthly payments guaranteed (10 years). If the member should die before one hundred twenty (120} monthly payments are made, pay- ments are then continued to the desig- natedbeneficiary until one hundred twenty (120) monthly payments in all have been made, at which time the benefits cease. Optional farms 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. 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. {b) Early retirement benefit. Amember retiring hereunder on or after his early retirement date may receive either a deferred or an immediate monthly retirement benefit as follows: {Ij A deferred monthly retirement benefit which shall commence an the normal re- tirement date and shall be continued on the first day of each. month thereafter during his lifetime, guaranteed for one hundred twenty (120} monthly payments. The amount of the benefit shall be deter- mined and paid in the same manner as for retirement at the member's normal retire- ment date except that average monthly earnings and credited service shall be determined as of his early retirement date; or (2) An immediate monthly retirement benefit which shall commence on the member's early retirement date and shall be contin- ued on the first day of each month there- after during the member's lifetime and guaranteed for one hundred twenty (120) monthly payments. The benefit payable shall be as determined in subparagraph (1} above, reduced by three percent per year by which the starting date of the benefit precedes the normal retirement date. (c) Benefit formula. The benefit formula appli- cable in all cases of retirement shall be that in effect on each member's employment termination date. (d) Preretirement death. {1) If a participant who is na longer an em- ployee of the village dies prior to the normal retirement date and has attained age fifty (50) and had ten (10} years of credited service, a pension benefit of fifty (50) percent of the amount the participant would have been entitled to, actuarially reduced for early retirement, shall be paid to the surviving beneficiary for as long as the beneficiary shall live. Such amount Supp. No. 39 154 ADMINISTRAPION § 2-161 shall be based on -the amount payable lice offxcer or firefighter, and such under the fifty (50) percent joint and member is likely to remain so dis- survivor option, reduced actuarially to the abled continuously and permanently age of the beneficiary. and the board finds that his injury or (2) If a member dies prior to the normal illness arose out of and in the course retirement date and is then employed by of his employment with the village. the village and has ten (10) years of Provided however the cause was not credited service, such member regardless one of the exclusions listed in sub- of age shall receive pension benefits as set section (10). Earth in subsection (3). (3) Disability benefit. A member retiring on a (3) The members specified in subsection (2) disability retirement from the village shall above shall receive a benefit equal to the receive a benefit as follows: member's vested accrued pension as com- a. Non-duty disability benefit. The puted under section 2-161(d) and shall be amount of the benefit for the non- payable to the designated. beneficiary in duty disability benefit is determined equal, consecutive monthly installments and paid in the same manner as for aver ten (10) years. The benefit a p yments retirement at the normal retirement specified herein shall commence upon death date except that average monthly of the plan member and approval of the earzungs and credited service shall pension board. be determined. as of the member's {e} Disability 7etirement, last date of employment with the (1) A member may retire from the service of village. In any event the non-duty the village under the plan if, prior to his disability benefit shall be at least normal retirement date, he becomes dis- twenty-five (25j percent of the dis- abled as defined in subsection (2} hereof; abled member's average monthly Such retirement shall herein be referred earnings. to as disability retirement. To be eligible b. Duty disability benefit. The amount for anon-duty disability benefit, a mem- of the benefit for the duty disability ber shall have ten (10) or more years of benefit is determined and paid in the credited service. There is no years of ser- same manner as for retirement at vice requirement for eligibility fox a duty the normal retirement date except disability benefit. that average monthly earnings and (2) a. Non-duty disability. A member will credited service shall be determined he considered fox anon-duty disabil- as of the member's last date of em- ity benefit if in the opinion of the ployment with the village. In any board, he is wholly prevented from event the duty disability benefit shall rendering usefiyl and efficient ser- be at least forty-two (42j percent of vice as a police officer or firefighter, the disabled member's average and such member is likely to remain monthly earnings. so disabled continuously and perma- (d) No member shall be permitted to retire nently. Provided however the cause under the provisions of this section until was not one of the exclusions listed examixed by a duly qualified physician ar in subsection (10). surgeon, to be selected by the board for b. Duty disability. A member will be that purpose, and is found to be disabled considered for a duty disability ben- in the degree and in the manner specified efit, if in the opinion of the board, he in this section, Any member retiring un- is wholly prevented from rendering der this section shall be examined period- useful and efficient service as a po- ically by a duly qualified physician or 8upp. No. 39 155 § 2-1sz NdRTH PALM BEACH CODE surgeon or board of physicians or stu- geans to be selected by the board for that purpose, to determine if such disability has ceased to exist. (5) The normal form of benefit payable to a member who retires with a total and permanent disability as a result of a dis- ability commencing prior to his normal retirement date is the monthly income payable for ten (10} years certain and life. The disability retiree may also choose any of the optional benefits available in sec- tion 2-162 of this plan. (6) a. The monthly retirement income to which a member is entitled in th.e event ofhis disability retirement will be payable on the first day of each month. The first payment will be made on the first day of the month following the later to occur af•. 1. The date on which the disabil- ityhas existed for six (6) months, or 2. The date the board approves the payment of such retirement income. b. The last payment will be: 1. If the member recovers from the disability prior to his nor- mal retirement date, the pay- ment due next preceding the date of such recovery; or 2. If the member dies without re- covering from his disability or attains his normal retirement date while still disabled, the payment due next preceding his death or the one hundred twen- tieth (120th) monthly payment, whichever is later. c. Any monthly retirement income pay- ments dzze after the death of a dis- abled member shall be paid to the member's designated beneficiary. {7) If the board finds that a member who is receiving a disability retirement income is, at any time prior to his normal retire- ment date, no longer disabled, as provided herein, the board shall direct that the disability retirement income be discontin- ued. Recovery from disability as used herein shall mean the ability of the mem- ber to render usefiil and efficient service as a police officer or firefighter. {g} If the member recovers from the disability and reenters the service of the village as a police officer or firefzghter, his service will be deemed to have been continuous, but the period beginning with the first month for which lze received a disability retire- ment income payment and ending with the date he reentered the service of the village will not be considered as credited service for the purpose of the plan. (~} Any condition or impairment of health of a member caused by tuberculosis, hyper- tension, heart disease, hardening of the arteries, hepatitis, or meningococcal men- ingitis resulting in total or partial disabil- ity or death, shall be presumed to be accidental and suffered in the line of duty unless the contrary be shown by compe- tent evidence. Any condition or impair- ment of health caused directly or proxi- mately by exposure, which exposure occurred in the active performance of duty at some definite time or place without willful negligence on the part of the mem- ber, resulting in total or partial disability, shall be presumed to be accidental and suffered in the line of duty, provided that such member shall have successfully passed a physical examination upon en- tering such service, which physical exam- inationincluding electrocardiogram failed to reveal any evidence of such condition. In order to be entitled to presumption in the case of hepatitis, meningocoecal men- ingitis, or tuberculosis, the member must meet the requirements of F.S. § 112.181. The final decision whether a member meets the requirements far duty disability pen- sion rests with the board and shall be based on substantial competent evidence on the retard as a whole. \ % Supp. No. 39 156 ADMINISTRAPION (10) A member will not be entitled to receive any disability retirement income if the disability is a result af: a. Excessive and habitual use by the member of drugs, intoxicants, or nar- cotics; b, Injury or disease sustained by the member while willfully and illegally participating in fights, riots, civil insurrections or while committing a crime; c. Injury or disease sustained by the member while serving in any armed forces; d. Injury or disease sustained by the member after employment has ter- minated; e. Injury or disease sustained by the member while working for anyone other than the village and arising out of such employment. (f) Termination benefits and nesting. (1) Each member who terminates employ- ment with the employer and who is not eligible for any of the retirement, death, or disability benefits set forth herein shall receive from the fund within a reasonable time following his date of termination a refund of his accumulated. contributions. Provided, however, that if at the time of his termination of employment the mem- ber has ten (10) or more years of credited service, he shall have the option of either receiving his accumulated contributions or his accrued benefit payable commenc- ing at the date which would have been his normal retirement date had he remained in full-time employment with the em- ployer. The member may direct that his accrued benefit, reduced as for early re- tirement, commence at age fifty (50) or any date thereafter provided his accumu- lated contributions are not withdrawn. (2} A refund of accumulated contributions to a member or his beneficiary shall consti- tute a fzzll and complete discharge of any § 2-16`L and all rights to claims or benefits under the system by the member or his benefi- ciaries. (g) Cost of Ziving adjustment. The amount of pension benefit will be increased or decreased in accordance with the changes in the conswner price index (CPI-~V U.S.) published by the U.S. Bureau of Labor Statistics. Adjustments of pen- sion payments will be made on October 1 of each year reflecting the change in the consumer price index over the twelve-month period ending April L The maximum increase or decrease in the member's pension benefit for any one (1} year is three {3) percent. However, the member's pension benefit can never be reduced. below the amount the member received at date of retirement, Such adjustments shall apply to each retirement, sur- vivor or disability benefit in pay status as of each October 1. (h) Limitation on benefits. In no event may a member's annual benefit exceed the limitations of Internal Revenue Code Section 415 as such pro- visions apply to governmental pension plans. The provisions of Internal Revenue Code Section 415 that apply to governmental pension plans are hereby incorporated into this plan by reference. (.Ord. No. 9-82, § 3, 6-10-82; Ord. No. 20-82, § 1, 11-18-82; Ord. No. 1-92, § 3, 2-13-92; Ord. No. 6-95, § 1, 3-9-95; Ord. No. 30-95, § 3, 10-12-95; Ord. No. 20-2000, §§ 1, 2, 8-10-00; Ord. No. OS-2001, § 1, 4-12-OI; Ord. No. 13-2003, §§ 1-3, 5-8-03; Ord. No. 2008-18, § 4, 11-13-0$) Sec. 2-162. Optional forms of benefits. Each member entitled to a normal, early, dis- ability or vested retirement benefit shall have the right, at any time prior to the date on which benefzt payments begin, to elect to have his or her benefit payable under any one (1} of the options hereinafter set forth in lieu of benefits provided herein, and to revoke any such elections and make a new election at any time prior to the actual beginning of payments. The value of op- tional benefits shall be actuarially equivalent to the value of benefits otherwise payable, and the present value of payments to the retiring member must be at least equal to fifty (50) percent of the total present value of payments to the retiring Supp. No. 39 156.1 § 2-162 NORTH PALM ]3EAGH CODE member and hislher beneficiary. The member shall make such an election by written request to the board, such request being retained in the board's files. {1} Option X-Joint and last survivor option, The member may elect to receive a bene- fit, which has been adjusted to the actu- arial equivalent of the normal form of benefit, during hisllier lifetime and have such adjusted benefit (or a designated fraction thereof, for example one hundred {100} percent, seventy-five (75) percent, sixty-six and two-thirds (66 2/s) percent or fifty (50) percent) continued after his death to and during the lifetime of his benefi- ciary: The election of option 1 shall be null and void if the designated beneficiary dies before the member's benefit payments com- mence. (2) Option 2-Social security adjustment op- tion. If a member retires before being eligible for social security benefits, he may elect this option. A member may elect to receive a larger pension up to the date he begins receiving social security bene- fits. The member's pension benefits may be reduced or terminated after social se- curity payments begin. The amount of reduction shall be actuarially determined. (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 ar lump sum distributions, (Ord. No. 9-82, § 4, 6-10-$2; Ord. No. 1-92, § 4, 2-13-92; Ord. Na. 20-2000, § 3, 8-10-00; Ord. No. 13-2003, § 4, 5-8-03; Ord. No. 2008-18, § 5, I1-13- 08) Sec. 2-163. Contributions. (a) Member contributions. (1j Amount. Members of the plan shall make regular contributions to the fiend at a rate equal to two {2) percent of their respective earnings. Supp. No. 39 156.2 {2 j Duration. The village shall pick-up, rather than deduct from each member's pay, be- ginningwith the date of employment, two (2 j 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 cantributions of members. The intent of this pxovision is to comply with Section 414th)(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" ar paid by the village will be added to the amount distributed on a current basis in order to determine fatal wages, salary, pay or com- pensation. In the event that the employer agrees to assume and pay member contri- butions in Iieu of direct cantributions 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. A11 such contributions by the employer shall be deemed and considered as part of the member's accumulated contributions and subject to alI 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 cantributions as of September 30 of ADMINISTR,APION each year at a rate equal to the change in the consumer price index, published by the U.S. Bureau of Labor Statistics, over the twelve-month period ending on the previous J~uie 30. The maximum rate far any year shall be seven (7) percent and the minimum rate shall be zero ({}} per- cent. (4j Guaranteed refund. All benefits payable under this plan are in lieu of a refund of accumulated contributions. In any event, however, each member shall be guaran- teed the payment ofbenefits on his behalf at Ieast equal in total amotu~t to his accumulated contributions. (b) State contributions. Any monies received ar receivable by reason of the laws of the State of Florida for the express purpose of funding and paying for the benefits of police officers or firefight- ers shall be deposited in the fiend within the time prescribed by law. Such monies shall be for the sole and exclusive use of members or may be used to pay extra benefits for members. (c) Employer contributions. So long as this plan is in effect, the employer shall ~nalie contri- butions to the fund iIa an amount at least equal to the difference in each year as between the aggre- gate member and state contributions for the year and the total cost for the year as shown by the most recent actuarial valuation report far the system. The total cost for any year shall be defined as the fatal of normal cost plus the additional amount sufficient to amortize the un- funded actuarial liability in accordance with ap- plicablelaws ofthe State of Florida. The employer's contribution shall be deposited on at least a quarterly basis. § 2-163 Supp. No. 39 156.3 ADiVIINIS`I'RATIC}N (d} Foy feitures. Any forfeitures arising shall be applied to reduce future contributions to the plan. No forfeited amount shall be applied to change benefit amounts far members. (Ord. No. 9-82, § 5, 6-10-82; Ord. No. 23-86,~~' 1, 12-11-86; Ord. No. 1-92, ~ 5, 2-13-92; Ord. No. 30-95, § 4, 10-12-95; Ord. No. 29-96, § 1, 7-25-96} Sec. 2-164. Board of trustees----Generally. {a} Composition. The board of trustees shall consist of five (5) members: four (4) of whom shall be elected by a majority of the members of the plan. Two (2} of the elected members shall be certified firefighters of the village, and two (2j shall be certified police officers of'the village. The fifth member of the board shall be a legal resident of the village and shall be appointed by the village council. Each of the elected board members shall be appointed for a period of two (2} years, unless he sooner leaves the employment of the village or forfeits membership on the board, whereupon a successor shall be elected by a majority of the members of the plan. Each of the elected board members znay succeed himself in office. The res- ident member shall be a trustee for a term of two f.2) years unless he forfeits xneznbership on the board. and he may succeed himself in office. The resident member shall be appointed by the village council for a term commencing October 1, 1998, and expiringApri130, 1999. The resident member shall be appointed by the village council for a two-year term coznznencixxg May 1, 1999, and on the first day of May of each second year thereaf- ter. The resident member shall hold office at the pleasure of the village council. The fifth member shall have the same rights as each of the other four (4} xzaembers appointed or elected as herein provided. The trustees shall by majority vote elect from its members a chairman and a secretary. The secretary of the board shall keep a complete minute book of the actions, proceedings, ar hear- ings of the board. The trustees shall not receive any compensation as such, but may receive ex- penses and per diem as provided by law. (b j Repot°t and records. The secretary of the board shall keep, or cause to be kept in convenient form, such data as shall be necessary for an actuarial valuation of the assets and liabilities of § 2-165 the system. The fiscal year for the keeping of records and rendering reports shall be from Octo- ber 1 through September 30. (c} Bocxrrl meetings. The board shall meet at least quarterly each year. All board meetings shall be held at village hall. At any meeting of the board, three (3} trustees shall constitute aquo- ruxn.Any and all acts and decisions shall be by at least three (3} members of the board; however, no trustee shall take pant 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 paver to bring and defend lawsuits of every kind, nature and description. The hoard shall be independent of the village to the extent required to accomplish the intent, requirements, axad 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.. RTa, 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} See. 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 znexnber served as a firefighter, police officer ar public safety officer for this or any other munici- pal, county or state fir. e, police or public safety department, or any time served in the military service of the armed farces of the United States, shall be added to the years of credited service provided that: (1} The member contributes to the fiord the stun 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. 35 157 2-165 NORTH PALM BEACH CODE quested, had the member been a member of this system for the years or fractional parts of years for which the credit is requested plus amount actuarially deter- mined stitch that the crediting of service does not result in any cost to the fund plus payment of costs far all professional ser- vices rendered to the board in cozxnection with the purchase of years. of credited service. (~) Payment by the member of the required amount may be made within six (6) months of the request for credit and in one lump stun payment, or the member can buy back this time over a period equal to the length of time being purchased or five years, whichever is greater, at an interest rate which is equal to the fund's actuarial assumption. A member may request to purchase same ar all years of service. No credit shall be given for any service until all years of service whiclx axe to be repzzr- chased, have been repurchased. (3 j The credit purchased under this section shall count for all purposes, except vest- ing. (4) In no event, however, znay credited ser- vice be purchased pursuant to this section for prior service with any other munici- pal, county or state fire, police or public safety department, if such prior service forms or will form the basis of a retire- ment benefit ar pension from another retirement system or plan. (5) If a znernber who has either completed the purchase of service or is in the process of purchasing service terminates service for any reason, including death or disability, before vesting, the member's contribu- tions will be refunded, including the buyback contributions. (6) A request to purchase service may be made at any time during the course of employment. however, the buyback is a one time opportunity. (Ord. No. 2-2(1Q3, § 1, 1-23-03) Editor's note-Prior to amendment section 7 of Ord. No. 1-92, adopted l; eb. 13, 1992, repealed former § 2-165, relative to adclitional rules and regulations, ~,ahich deizved from Ord. No. 9-82, § 7, adapted June 10, 1982. See. 2-165. Same-Power and authority. The board shall be the administrator of the system and, as such, it shall be solely responsible for admirlisterixg the pension fund. The board shall have the power and authority: (1) To invest and reinvest the assets of the pension fund in: a. Time or savings accounts of a na- tional bank, a state bank insured by the Federal Deposit Insurance Cor- poration, or a savings, building and loan association insured by the Fed- eral Deposit Insurance Corporation. b. Obligations of the United States or obligations guaranteed as to princi- pal and interest by the Government of the United States. c. Bonds, stocks, or any other evi- dences of ixadebtedness issued or guar- anteed by a carporation organized under the laws of the United States, any state ar organized territozy of the United States, or the District of Columbia, provided: 1. The carporation is listed on any one {1) or more of the recog- nized national stock exchanges and holds a rating in one of the three (3} highest classifications by a major rating service; and 2. The board shall not invest mare than five (5) percent of its as- sets in the common stock, cap- ital stock, bonds or indebted- ness of any one (1) issuing company, nor shall the aggre- gate investment in any one (1) issuing company exceed five (5) percent of the outstanding cap- ital stock of that company, nor shall the aggregate of its invest- ments in equities at cost exceed sixty (60) percent of the pen- sion fiznd's assets. d. Notwithstanding any provision of this section to the contrary, the board is specifically authorized to invest in Supp. No. 35 158 AlliVIINISTYATION foreign securities to the extent au- thorized by F.S. §§ 175.071(1) and 185.06(1)(b j. (2) TO 1S5ue drafts up411 tl1G' pen510n fund pursuant to this article and rules and regulations prescribed by the board. All such drafts shall be consecutively num- bered, be signed by the chairman and secretary or their designee, and state upon their faces file purpose for which the drafts are drawn. The village finance di- rector or other depository of the village shall retain such drafts when paid, as permanent vouchers for disbursements made, and no money shall be otherwise drawn fraln the pensian fund. (3) To finally decide all claims to relief under this article and under the board's rules and regulations. (4) To convert into cash any securities of the pension fiend. (5) To keep a complete record of all receipts and disbursements and of the board's acts and proceedings. (6) To recommend an increase ar decrease in the benefits payable hereunder, through the adaptian of an amendment to this article, but provided such action is based on an actuarial review by an enrolled actuary who is a member of the Society of Actuaries. (7) To retails, at least offce every three (3) years, an independent consultant profes- sionally qualified to evaluate the perfor- mance of professional money managers. The independent consultant shall make recommendations to the board regarding the selection of money managers for the next investment term. These recommen- dations shall be considered by the board at its next regularly scheduled meeting. The date, time, place and subject of this meeting shall be advertised in a newspa- pex of general circulation in the munici- pality at least ten (10) days prior to the date of the hearing. (Ord. No. 9-82, § 8, 6-10-82, Ord. No. 12-85, §§ 1, 2, 7-11-85; Ord. No. 1-92, ~ 8, 2-13-92; Ord. No. 08-2001, § 2, 4-12-01; Ord. No. 2007-17, ~ 2, 10-25-07) Sec. 2-167. Tax on insurers. § 2-168 (a) There is hereby levied. and. imposed an excise tax upan every insuuance company, corpo- ration or other insurer insuring loss agailast fire, tornado or windstorm or engaged in the business of casualty insurance. Such excise tax shall be in an amount equal to the rate specified in Chapter 175, Florida Statutes, multiplied by the gross receipts of premiums from holders of insurance policies of fire and windstorm insurance, and the rate specified in Chapter 185, I'lorida Statutes, multiplied by the gross receipts of premiums from holders of insurance policies of casualty insur- ance. All such policies shall be upon property witlain the corporate limits of the village. Such excise tax shall be in addition to any and all excise taxes or license now levied or required by the village. (b) The proceeds of monies received under this excise tax shall be received annually from the State of Florida by the village and shall be depos- ited to the pension fund no more than five (5) days after receipt. (Ord, No. 1-92, ~§ 9, 10, 2-13-92) llditor's note Section 9 of Ord. No. 1-92, adopted P'eb. 13, 1992, repealed former § 2-167, and § l0 of the ardizxance enacted a new § 2-167 in lieu thereof. The repealed provisions pertained to oaths of office, meetings and quorwns of the board, and derived i'rom Ord. No. 9-82, § 9, adopted .June 10, 19s2. Sec. 2-16$. Repeal or termination. of plan. (a} This plan and subsequent amendments per- taining to said plan, maybe modified, terminated, or amended, in whole or in part by the employer; provided that if this plan shall be amended or repealed in its application to any person benefit- ing hereunder, the amount of benefits which at the time of any such alteration, amendment, or repeal shall have accrued to the member or ben- eficiary shall not be affected thereby, except to the extent that the assets of the fund may be deter- mined to be inadequate. tb) If this plan shall be repealed, or. if contri- butions to the plan. are discontinued, the board shall continue to administer the plan in accor- dance with the provisions of this plan, for the sole benefit of the then members, beneficiaries then receiving retirement allowances, and any persons supp. No. 35 159 2-iss NOIZfiH PALiVi BEAGH CODE who Would in the future be entitled to receive benefits under one (1} of the options provided for in this plan who are designated by any of said members. In the event of repeal, or if contribu- tions to the plan are discontinued, there shall be full vesting one hundred (100) percent of benefits accrued to date of repeal and the assets of the plan shall be allocated in an equitable manner to provide benefits on a proportionate basis to the persons so entitled to benefits in accordance with the provisions hereof. (c} The following shall be the order of priority for purposes of allocating the assets of the plan upon repeal of this plan or if contributions to the plan are discontinued: (1} Members already retired under the retire- ment provisions of the plan and those eligible far normal or early retirement but not actually retired, and their beneficia- ries, in proportion to and to the extent of the then actuarially determined present value of the benefits payable. If any funds remain, then (2 j Members who have at least ten (10) years of credited service, in proportion to and to the extent of the then actuarially deter- mined present value of their accrued ben- efits. If any fiends remain, then (3) The accumulated contributions of the ac- tive members less any benefits received, and less amounts apportioned in (2) and (3) above, in proportion to and to the extent of the then amount of such accu- mulated contributions. If' any funds re- main, then (4) All other anenabers whose present value of accrued benefits have not been covered in a previous category in the same manner as in (2). (d) After all the vested and accrued benefits provided hereunder have been paid and after all other liabilities have been satisfied, then and only then shall any remaining funds revert to the general fund of the village, less return of state's contributions to the state, provided that, if the excess is less than the total contributions made by the village and the state to date of termination of the plan, such excess shall be divided proportion- ately to the total contributions made by the vil- lage and the state. (e) Tlae allocation of the fund provided for in this subsection may, as decided by the board, be carried out through the purchase of insurance company contracts to provide the benefits deter- mined in accordance with this subsection. The fund may be distributed in one (1} sum to the persons entitled to such benefits or the distribu- tion may be carried out in such other equitable manner as the board may direct. The trust maybe continued in existence for purposes of subsequent distz•ibutions. (Ord. No. 9-82, § 10, 6-10-82; Ord. No. 20-$2, § 2, 11-18-82; Ord. No. 1-92, ~ I1, 2-13-92) Sec. 2-169. Miscelianeaus. (a'} Discharged members. Members entitled to a pension shall not forfeit the same upon dis- missal from the employer, but shall be retired as herein described. (b} Non-assignability. No benefit provided for herein shall be pledgable, assignable or subject to garnishment for debt or for other legal process. (c} Pension validity. The board of trustees shall have the power to examine into the facts upon which any pension shall heretofore have been granted tinder any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently, or illegally for any reason. The board is empowered to purge the pension roll of any person theretofore granted a pension under prior or existing law or hereafter granted under this plan if the same is found to be erroneous, fraud- ulent or illegal for any reason; and to reclassify any pensioner who has heretofore under any prior or existing law or who shall hereafter under this plan be erroneously, improperly or illegally clas- sified. (d} Incompetents. If any member or beneficiary is a minor or is, in the judgment of the board, otherwise incapable of personally receiving and giving a valid receipt for any payment due him under the plan, the board may, unless and until claims shall have been made by a duly appointed guardian ar committee of such person, make such Sapp. No. 35 160 tll)MINI.ST~tA~rzt~N payment or any part thereof to such person's spouse, children, trust or other person deemed by the board to have incurred expenses or assumed responsibility for the expenses of such person.. Any payment sa made shall be a complete dis- charge of any liability under the plan for such payment. {ej Number and gender: When appropriate the singular in this plan shall include the plural and vice versa, and the znasculiz~e shall include the feminine and vice versa. {f) False o~• misleading statements made to obtain j•etirement benefits ~r-ohibited. {lj It is unlawful for a person to willfully and knowingly make, or cause to be made, or to assist, conspire with, or urge another to make, or cause to be made, any false, fraud~~lent, or misleading oral or wzitten statement or withhold or conceal material information to obtain any benefit under this plan. {2j a. Apersan who violates subsection {f7{1) of this section commits a misde- § 2-1G9 Supp. No. 35 160.1 ADMINISTRATION meanor of the first degree, punish- able as provided in F.S. section 775.082 or 775.083. b. In addition to any applicable crimi- nal penalty, upon conviction for a violation described in subsection (f)(2)a. of this section participant or beneficiary of this plan may, in the discretion of the board of trustees, be required to forfeit the right to re- ceive any or all benefits to which the person would otherwise be entitled under this plan. For purposes of this subsection (f)(2}b., "conviction" means a determination of guilt that is the xesult of a plea or trial, regardless of whether adjudication is withheld. (Ord. No. 9-82, § 11, 6-10-82; Ord. No. 1-92, § 12, 2-13-92; Ord. No. 20-2000, § 4, 8-10-00) Sec. 2-.170. Direct transfers of eligible rollover distribution. (1) General. This section applies to distribu- tions made on or after January 1, 1993. Notwith- standing any provision of the system to the con- trary that would otherwise limit a distributee's election under this section, a distributes may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible retirement plan specified by the distributes in a direct rollover. (2) Definitions. (A) The term "Code" used herein refers to the Internal Revenue Code of the United States. (B) Eligible rollover distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligibly rollover distribution does not in- clude: any distribution that is one of a series of substantially equal periodic pay- ments (not less frequently than annually) made for the life (or life expectancy} of the distributee or the joint lives (or joint life expectancies of the distributee and the distributse's designated beneficiary, or for a specified period of ten (10) years or § 2-170.01 more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Code; and the portion of any distribution that is not includable in gross income. {C) Eligible retirement plan: An eligible retire- ment plan is an individual retirement account described in Section 408(a) of the Code, an individual retirement annuity described in Section 408{b) of the Code, an annuity plan described in Section 403{a) of the Code, or a qualified trust described in Section 401(a) of the Cade, that accepts the distributee's eligible rollover distribu- tion. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individ- ual retirement annuity. {D) Distributee: A distributee includes an em- ployee or former employee. In addition, the employee's or former employee's sur- viving spouse is a distributee with regard to the interest of the spouse. (E) Direct rollover: A direct rollover is a pay- ment by the plan to the eligible retire- ment plan specified by the distributee. (Ord. No. 15-95, § 1, 5-11-95) DIVISION 5. LENGTH OF SERVICE AWARD 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- vies. (Ord. No. 16-91, § 1, 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 tine editor. Cross reference-F`ire division, § 12-29 et seq. Supp. No. 25 161 § 2-170.1 NORTH PALM BEACH CODE ;' Sec. 2-170.1. Name of sponsor. the volunteer firefighters. Eight (8) is the The name of the sponsor shall be the Village of maximum years of past service for which a member may receive credit. North Palm Beach. (Crd. No. 16-91, § 2, 4-11-91} {2) Future service (after plan begins). Ten dollars ($10.00) per month for each year of Sec. 2-170.2. Name of plan. future service. The name of the plan shall be "length of service {8) Maximum monthly benefit. The maxi- award plan far volunteer firefighters." mum monthly benefit a member can re- {Ord. No. 16-91, § 3, 4-11-91} ceive at the entitlement age is three hun- dred dollars ($300.00). Sec. 2-170.3. Effective date of plan. The effective date of the plan shall be May 1, (4) Minimum monthly benefit. The minimum 1990. monthly benefit a member can receive if § 4, 4-11-91} (Ord. No. 16-91 the member remains active in the plan , until the designated entitlement age is fifty dollars ($50.00). Sec. 2-170.4. Eligibility to enter plan. (Ord. No. 16-91, § 7, 4-11-91) Members, as defined herein, means volunteer firefighters duly recognized and enrolled as vol- Sec. 2-170.7. Preretirement death benefit. unteer firefighters with the village. All members must meet each of the following requirements The preretirement death benefit is the death before participating in the plan: benefit payable if a member dies before entitle- (1) Minimum age, eighteen (18). ment age while still active in the plan. The amount payable is the greater of the face amount (2) Maximum age, sixty {60). of the life insurance or the member's accrued (3) Completed one (1) year of active service benefit: with the sponsor. (1) Face amount of the life insurance, thirty (4) Completed the sponsor's required proba- thousand dollars ($30,OOOAO). tionary period. (Ord. No. 16-9I, § 5, 4-11-9I) (2) Payment mode, annual. (Ord. No. 16-91, § 8, 4-11-91) Sec. 2-170.5. Entitlement age. The entitlement age is the age that members Sec. 2-170.8. Vesting provisions. will begin receiving their monthly retirement benefit. Age sixty-five (65) with one (1) year of The vesting is based on years of credited ser- plan participation is generally utilized; however, vice and the following schedule: service and participation requirements may be included. Entitlement age is sixty (60) with one fears of Service Vested Percentage {1) year of plan participation. Less than 4 0 {Ord. No. 16-91, § 6, 4-11-91) 4 40 5 50 Sec. 2-170.6. Benefit formula. 6 60 [The benefit formula shall be as follows:] 7 70 8 80 (1) Past service (before the plan began}. Ten 9 90 dollars {$10.00) per month for year of past Ten (10) ar more 100 service for currently enrolled members of (Ord.. No. 16-91, § 9, 4-11-91) f ( i \ supp. No. 25 162 BOATS, DOCKS AND WATERWAYS ARTICLE I. IN GEl~tER.Ai. Sec. 5-1. Definitions. As used in this chapter, unless the context indicates otherwise, the following terms shall have the indicated meanings: Anchor shall mean any appliance used to se- cure avessel other than to a pier which is carried aboard such vessel as regular equipment when under way. Boat means any watercraft, including sea- planes when not airborne, in or upon or docked, moored or upon boat lifts at any place in any waterway within the boundaries of the village. Mooring shall mean any appliance used to secure a vessel other than to a pier. Prohibited area shall mean all water bottom lands within the village not authorized by the Cade of Ordinances for the anchorage or mooring of vessels. Vessel is synonymous with boat as referenced in section 1(b), Article VII of the State Constitu- tion and includes every description of watercraft, barge and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation an water. Waterway means any waters, waterway, lake, river, tributary, canal, lagoon or connecting wa- ters within the boundaries of the village. (Code 1970, § 11-1; Ord. No. 212-70, § 2; Ord. No. 12-98, § 1, 4-23-98; Ord. No. 11-99, § 1, 2-11-99) Cross reference-Rules of construction and definitions generally, § 1-2. Sec. 5-2. Speed limit; wakes. No person shall operate a boat or any other vessel, including water sport apparatus or other physical object capable of transporting human beings or cargo on water, at a speed in excess of five (5) miles per hour, in any of the waterways within the corporate limits of the village, with the exception of the waters of Lake Worth and the Intracoastal Waterway, except in cases of fire or extreme emergency. § 5-& In addition to the five-mile-per-hour speed limit, no person shall operate a boat or any other vessel, including water sport apparatus, or other physi- cal object capable of transporting human beings or cargo on water, which shall cause a wake in any of the waterways within the corporate limits of the village, with the exception of the waters of Lake Worth and the Intracoastal Waterway, ex- cept in cases of fire or extreme emergency. A "wake" is defined as causing "white water to be seen breaking off the bow" of the boat or vessel. (Code 1970, § 11-43; Ord. No. 212-70, § 6; Ord. No. 5-87, § 1, 2-26-87) Sec. 5-3. Swimming in restricted waters. No person shall engage in swimming in any waters lying within one thousand {1,000) feet of the intersection of the Farman River and the North Palm Beach Waterway. (Code 1970, § 11-44) Sec. 5-4. Exhibition boats exeffipted from certain restrictions. The provisions of this chapter shall not be construed to prohibit the running of racing or exhibition boats, muffled or unmuffled, during a publicly announced and supervised and ade- quatelypatrolled regatta or speed trial or exhibi- tion. (Code 1970, § 11-48; Ord. No. 212-70, § 7) Sec. 5-5. Water skiing. No person shall water ski in any of the. water- ways located within the corporate limits of the village, nor shall any person operate any boat for towing a person on water skis in any of the waterways located within the corporate limits of the village; provided, however, that, nothing in this section shall be construed to prohibit. water skiing in the waters of Lake Worth or the Intracoastal Waterway. (Code 1970, § 11-50; Ord. No. 212-70, § 10) Sec. 5-6. Disturbing other boats. No person shall operate a boat in such a manner as to unjustifiably or unnecessarily an- Supp. No. 17 321 § 5-6 NORTH. PALM BEACH CODE noy or frighten. or endanger the occupants of any other bast, or throw up a dangerous wake when approaching another boat. (Cade 1970, § 11-51; Ord. No. 2i2-7G, § i1) Sec. 5-'7. Use of searchlights. No person operating a boat shall use search- lights indiscriminately or in such manner as to annoy or disturb other persons or boats. (Code 1970, § 11-52; Ord. No. 212-70, § 12) Sec. 5-8. Abandoned boats. Every boat in a waterway which is abandoned or unseaworthy,, or sinks, grounds or becomes otherwise disabled, is hereby declared. to be a nuisance and the person in charge thereof shall abate such nuisance. within ten (10) days after notice from the director of public safety. (Code 1970, § 11-53; Ord. No, 212-70, § 13) Sec. 5-9. Mooring at private or public docks _ without permission. No person shall moor a boat at a private or public seawall or dock or beach if upon private or public. property within. the village without the permission of the owner or public entity thereof. {Code 1970, § 11-56; Ord. No. 212-70, § 16; Ord. No. 11-99, § 2, 2-11-99) Sec. 5-10. Observance of village health and conduct rules. No person in charge of or occupying boats docked at or moored to land, docks, piers- or wharves abutting waterways shall fail to observe all the health and sanitary regulations of the village, and all ordinances- of the village relating to the conduct of persons and prohibiting acts contrary to public health, morals, safety or public peace. (Code 1970, § 11-5'7, Ord. No. 212-70, § 17) Cross reference-Health and sanitation, Ch. 14. Sec. 5-11. Cleanliness of docks. Persons in charge of or occupying boats shall at all times keep the docks, seawalls and premises Supp. No. 17 322 adjacent to such watercraft in a neat and orderly manner and free from trash, rubbish, repair parts, machinery, equipment and debris of all kinds. (Code 1970, § 11-5$; Ord. No. 212-Z0 § T8) Sec.. 5.12. Refuse disposal. No person in charge of or occupying a boat shall dump or throw or permit to be dumped or thrown garbage, paper, bottles, cans, refuse or debris-into waterways. Persons in charge. of boats moored or docked in the- waterways shall provide garbage cans of sufficient size to hold garbage and refuse. {Code 1970, § 11-59; Ord. No, 212-70, § 19} Sec. 5-13. Pollution of waterways. IVo person in charge of any houseboat or-other boat or vessel in motion, anchored. or tied up at any marina or any other waterways within the village limits shall permit any excreta or refuse from any toilet or privy on such boat, to be thrown from, to be ejected from, or to be allowed to. escape from such boat into the waters in which such boat is in motion, tied up or anchored. (Code 1970, § 24-56} Sec. 5-14. Hours. for running engines in res- idential districts. No person shall run or operate any boat engine for the purpose of charging batteries, running auxiliary equipment or testing between the hours of 10:00 p.m. and 8:00 a.m. in any residential district. (Code. 1970, § 1T-60; Ord: Na. 212-70, § 20} Sec. 5.15. Laving aboard boats restricted. Living aboard boats in commercial wet. storage marinas is permitted;. provided,. further,. that, the following regulations apply to commercial wet storage marinas. where persons live aboard boats: (1) Nat more than ten (10}percent of the dock spaces at a commercial wet storage ma- rina may be occupied by boats where persons. live aboard far more than eight (8) months out of any twelve-month pe- riod. These dock spaces are for the pur- pose of providing security against vandal- ism and theft at marinas. All live-aboard t ~. BOATS, DOCKS AND WE1PLItWAYS (2j (3) boats must be equipped with a marine sanitation device acceptable under the current regulations of the U.S. Environ- mental Protection Agency, the U.S. Coast Guard and the state department of envi- ronmental regulation. Marinas where persons may live aboard overnight shall be equipped with potable water and sanitary sewage facilities, in- cluding showers, rest rooms and bath- houses located within the marina area available for use by all persons who live aboard boats overnight. In addition, all such marinas shall provide adequate elec- trical and potable water service, dockside, to each boat. Sewage service may be pro- vided to each boat where persons are permitted to live aboard overnight, but in no event may holding tanks or sewage facilities aboard any boat be flushed within the marina area sa as to cause any pollu- tion, damage or debi~s to any waters. A dockmaster or person shall be in charge of each marina and shall maintain a log which shall include a current list of per- sons registered to live aboard boats in that marina, the register number of all boats Backed in the marina, and a descrip- tion of the marine sanitation devices in- stalled in each boat, available at all time for use and inspection by the village cam- mui~ity development department. This re- quirement is to aid in the protection of life and property at marinas and to deter unauthorized persons from being in the marina areas. (4) The administrative, enforcement and ap- peal procedures of the village housing code shall apply to this section. (Ord. No. 14-76, § 2, 7-8-76; Ord. No. 2006-24, Cross reference-Housing code adopted by reference, § 15-1. Sec. 5-16. 1Vlooring limitations in lagoons (private docks). Excluding lagoon end situations, far properties fronting lagoons, na vessel that is moored shall § 5-18 extend more than thirty (30) percent of the lagoon width from the face of the bulkhead nor extend beyond the side property lines extended. (Ord. No. 2006-01, § 1, 1-26-06) Sec, 5-17. Authority of city to board boats violating chapter. Any member of the department of public safety shall have authority to board any boat in violation of this chapter, or which becomes a menace to navigation, and move or cause it to be moved to another location and he shall have the right to hold such boat for the payment of costs incurred in its removal or storage. (Code 1970, ~ 11-54; Ord. No. 212-70, § 14; Ord. No. 2006-01, § 3, 1-26-06) Sec. 5-18. Limitation on anchoring and moor` ing in prohibited area; mooring peinnit required. It is declared to be unlawful for any person to anchor or moor in a stationary position or cause any vessel to be in any portion of the prohibited area for a period of time of more than ninety-six (96} hours in any consecutive thirty-day period. The occupants of such vessel upon notice by the department of public safety or other authorized person of the village shall obtain a mooring per- mit from the department of public safety within eighteen (18) hours after notification and register the occupants and vessel on forms provided by the department of public safety. A mooring permit fee shall be required as established by the village council. The prohibitions provided herein shall not ap- ply to the following vessels; (1) Vessels moored or anchored for the pur- pose of making emergency repairs. (2} Vessels owned and operated by the fed- eral or state government. (3) Vessels in the Intracoastal Waterway. (4} Vessels permitted to engage in construc- tion or dredging activity until such time that said construction or dredging activity is completed, not to exceed statutory lim- itations. Supp. No. 33 323 § 5-18 NORTH PALM BEACH CODE (5) Vessels seeking shelter or safe Harbor dtu°ing hurricanes or periods of hurricane watch. or warning, as issued by the Na- tional Weather Service. (Ord. No. 12-98, § 2, 4-23-9$; Ord. Na. 2046-O1, §§ 2, 3, 1-26-06) Sec. 5-19. Unlawfully anchored or moored vessels-Department of public safety to impound. The department of public safety of the village is authorized and directed to take into custody and impound any vessel unlawfully anchored or moored in the prohibited area and any such vessel taken into custody and impounded under the authority of the department of public safety shall not be released therefrom until the charges for towing such vessel and storage charges have been paid. The charge for towing or removal of any such vessel and storage charges shall be the customary charges prevailing in the village for such services. (Ord. No. 12-98, § 3, 4-23-98; Ord. No. 2446-O1, § 3, 1-26-06} Sec. 5-20. Same-Owner to be notified upon impoundment. Whenever any vessel is taken into custody and impoLUxded by the authority of the department of public safety as authorized herein, and the name and address of the owner of such vessel can be ascertained by the department of public safety, it shall within forty-eight (48} houxs give in writing or cause to be given notice in writing to such owner of the fact of such removal and the reason therefor and the place to which such vessel has been removed, (Ord. No. 12-98, § 4, 4-23-98; Ord. No. 2446-O1, § 3, 1-26-06) Sec. 5-21. Same-Procedure in event owner cannot be found. Whenever the department of public safety au- thorizes the removal of such vessel from the prohibited area as authorized herein and the department of public safety does not know and is not reasonably able to ascertain the name and address of the owner of such vessel or far any other reason is unable to give the notice to the owner, and in the event the vessel is not returned to the owner within a period of three (3) days after same has been taleen into custody and im- pounded, the department of public safety shall immediately send or cause to be sent a written notice of such impoundment by mail to the divi- sion of marnie resources of the department of natural resources, and shall file a copy of such notice with the person who has been authorized to have custody of the ixnpoxmded vessel for the purpose of storage. Such xaatice shall include a complete description of the vessel, the date, time and. place from which it was removed, the reason for such removal, and the name of the storage facility or place where the vessel is stored. (Ord. No. 12-98, § 5, 4-23-98; Ord. No. 2446-01, § 3, 1-26-06) Sec. 5-22. Same--Unclaimed vessel to be sold; certification of sale. (a) If the owner fails to claim the vessel within twenty-one (21) days after tlxe department of public safety has sent its notice to the division of marine resources, such vessel shall be sold to the highest bidder at public auction by the depart- ment of public safety at some place within the village; but, prior to the sale, a notice shall be published once a week for two (2) consecutive weeks in a local newspaper published in the county and circulated in the village. Publication shall be at least ten (10) days prior to the date of sale. Such notice shall give the time and place of sale and descxibe the vessel to be sold. A copy of such notice shall be mailed to the owner if his name and address be known at least ten (14} days before the date of such sale. The village shall not guarantee title to such vessel or to deliver a title of ownership; but shall furnish the purchaser a certificate in substantially the following form: Certificate Number: CERTIFICATE OF SALE VILLAGE OF NORTH PALM BEACH, DEPARTMENT OF PUBLIC SAFETY, FLORIDA THIS IS TO CERTIFY that the following de- scribed vessel was impounded and placed in the custody of the Department of Public Safety, where it was held for twenty-five (25) days, Supp. No. 33 324 BOATS, DOCKS AND WATERWAYS after which time the Department of Public Safety made every reasonable effort to find the owner of the same or if found, such owner failed to repossess same, this vessel was sold to the highest bidder at public auction after legal advertisement. This Certificate of Sale is therefor issued to: residing at Description of vessel: Dated at Village of North Palm Beach, Florida, this day of 199 Name and Title of Officer (b) This form shall be in duplicate. The origi- nal shall be given to the purchaser and the duplicate bound in a book of record for the pur- poses intended. (Ord. No. 12-98, § 6, 4-23-98; Ord. No. 2006-01, § 3, 1-26-06) Sec. 5-23. Same-Claiming of vessel by owner; payment of costs. The owner of such impounded vessel may take possession of such vessel at anytime prior to the time of sale provided herein, but such owner shall reimburse the village for all reasonable expenses for removal, storage, advertising and other ex- pensesincurred as a result of the impoundment of such vessel. (Ord. No. 12-98, § 7, 4-23-98; Ord. No. 2006-O1, § 3, 1-26-06) Sec. 5-24. Same-Reclamation of owner af- ter sale. The proceeds from the sale of any impounded vessel shall not be expended or disbursed for ninety (90) days after the date of such sale. At any time during such period, the owner, upon provid- ing proof of such ownership of such vessel, evi- denced by documentary written evidence, may recover back the proceeds of the sale, less all of the expenses incurred in regard to removal, stor- age, advertising and a commission of five (5) percent on the gross sales price of such vessel for the cost of making such sale. If the owner fails to § 5-34 provide proof of ownership and recover back the proceeds of the sale in the time frame set forth herein, the proceeds of sale .shall be forfeited to the village. (Ord. Na. 12-98, § 8, 4-23-98; Ord. Na. 2006-O1, § 3, 1-26-06) Sec. 5-25. Use of vessel .for dwelling pur- poses in prohibited area. It shall be unlawful of any person to occupy for dwelling purposes any vessel in the prohibited area except during the period covered by the mooring permit referred to in section 5-17. (Ord. No. 12-98, § 9, 4-23-98; Ord. No. 2006-O1, § 3, 1-26-06) Sec. 5-26. Fueling of marine craft. Fueling of floating marine craft at other than a marine service station is prohibited. (Ord. No. 14-2002, § 1, 5-9-02; Ord. No. 2006-O1, § 3, 1-26-06) Secs. 5-27-5-32. Reserved. ARTICLE II. BOAT .LAUNCHING AREA See. 5-33. Designated; use restricted. No person shall bring into, launch or operate any vessel (as defined in F.S. § 327.02) upon any park property, including designated swimming areas, except as such places as are or may be designated for such use or purposes by the North Palm Beach Village Council. Such operation or use shall be in accordance with such rules and regulations as are now or may hereafter be adopted by the village council. All vehicles using the boat ramps ofAnchorage Park or parking with a trailer at Anchorage Park must have a village launch ramp sticker permanently affixed to the vehicle, visible from behind the vehicle. (Code 1970, § 11-11; Ord. No. 2006-08, § 1, 6-8-06) See. 5-34. Repairs prohibited, No repair work upon boats, boat trailers or other boating equipment shall be permitted at the village bast launching area with the exception of minor repairs or adjustments essentially neces- Supp. No. 32 325 § 5-34 NORTH PALM BEACH CODE sary to make such boat, trailer or equipment operable or transportable to a professional facility devoted to such repair service. (Code 1970, § 11-12) Sec. 5-35. Vehicle/trailer parking in desig- nated areas; permits required. (a) No person shall park a vehicle on park property at any place other than in the regularly designated facilities provided for that particular type of vehicle unless otherwise directed by a law enforcement officer or village employee or by official signs or markings. (b) No boats or boat trailers shall be allowed to remain more than twenty-four (24) hours at the village boat launching area unless a written. per- mit therefore has been secured from -the village manager or his designee. Such permits shall be issued upon such reasonable regulations and upon such cost as shall be determined, from time to time, by the village council. (Code 1970, § 11-13; Ord. No. 2006-08, § 2, 6-8-06) Sec. 5-36. Abandoned boats and equipment- Disposition. (a) It shall be presumed that the owner of each boat, each boat trailer, and each piece of boat equipment found on the village boat launching area as to which there is not then outstanding a currently effective permit issued under section 5-35 of this chapter, has abandoned such boat, boat trailer ar piece of boat equipment. (b) Thereupon, it shall be lawful for the vil- lage, through its officers or employees, to remove such abandoned material from such area, destroy- ing that which is junk and disposing of all other material for the best price, and upon the best terms available. The net proceeds of any such sale shall be deposited in the general fund of the village. (Code 1970, § 11-14) Sec. 5-37. Same-Recovery. At any time within. ninety (90) days after the disposition of any boat, boat trailer or equipment under section 5-36 of this chapter, the owner, or any person having any alleged interest in such disposed of property, may, upon making proof of such ownership or interest, recover back from the viIlage the proceeds of the sale, Iess all the ex- penses of caring for, moving, advertising and making such sale. (Code 1970, § 11-15) Sec. 5-38. Violation; penalty. Violation of any provision of section 5-33, Des- ignated; use restricted ar section 5-35, Vehicle/ trailer parking in designated areas; permits re- quired, shall result in a civil fine of fifty dollars ($50.00) for a first offense and one hundred dol- lars ($100.00) for any subsequent violation. (Ord. No. 2006-08, § 3, 6-8-06) Secs. 5-39-5-48. Reserved. ARTICLE III. CONSTRUCTION REQUIREMENTS* DIVISION 1. GENERALLY Secs. 5-49-5-55. Reserved. DIVISION 2. CANALS Sec. 5-56. Compliance with division re- quired. All canals for navigation and/or drainage pur- poses to be dug ar constructed within the corpo- rate limits of the village, either in whole or in part, whether or not such canal is dedicated to the public,. shall be subject to the requirements set forth in this division. (Cade 1970, § 11-21) Sec. 5-57. General requirements. (a) All canals shall be provided with reinforced or prestressed concrete bulkheads which shall meet the requirements of the village building code and the village ordinances concerning zoning as they are concerned. with bulkheads. 'Cross references-Buildings and building regulations, Ch. 6; coastal construction code, § 6-151 et seq. r Supp. No. 32 326 BOATS, DOCKS AND WATERWAYS (b) All canals to be constructed in areas pro- posed to beplatted shall meet the requirements of the subdivision ordinance of the village, as set out in Appendix B of this volume, and amendments thereto, and must be approved as part of the plan of development of the proposed platted area. (c) Canals to be constructed in unplatted areas shall meet the requirements of the village build- ing code and all ordinances of the village relating to zoning, and plans for the construction of any canal must be approved by the engineers of the village prior to the issuance of a building permit for such canah (Code 1970, § 11-24) Cross reference-Zoning, App. C. Sec. 5-58. Navigation canals. Canals which maybe used for navigation shall have a minimum width of eighty (80) feet face to face of bulkheads constructed on the sides thereof, with the exception of the bottom profile require- ments dictated by the bulkhead design. All such canals shall have a minimum bottom elevation of minus eight {-8) feet mean sea level. (Code 1970, § 11-22) Sec. 5-59. Drainage canals. Canals which are constructed or dug for drain- age purposes only and which may be used for drainage purposes only shall be of the width required to provide sufficient crass section for drainage requirements and shall have a mini- mum bottom elevation of minus eight (-8) feet mean sea level. The determination of whether or not the intended use of a canal is for drainage purposes only shall be set forth on the dedication of a plat if such canal is included in a platted area, and such determination for canals in unplatted areas shall be made by the village building inspec- tor. The village building inspector shall determine that a canal has been constructed for drainage § 5-59 Supp. No. 32 326.1 BUILDINGS AND BUILDING REGULATIONS Sign structure. Any construction used or designed to support a sign. St~•eet. A public or private right-of--way for vehictitlar traffic, including highways, thorough- fares, lanes, roads, ways, and boulevards. TempoF•cc~ y sign. A sign. which is intended to advertise community events, civic projects, po- litical candidacy, political issues, real estate for sale ar lease or other special events on a short term basis. Unit. That part of a multiple occupancy complex housing one occupant. Vehicle sign. A sign of any nature attached to, affixed in any manner ar painted on a motor vehicle or trailer. (I) Permits. (1) A sign shall not hereafter be erected, constructed, altered or maintained except as provided in this Code, until after a permit far the same has been issued in accordance with the permitting proce- dures of the building code. {2) Fees. Fees shall be based on the construc- tion valuation as set forth in the building code. (3) Exemption. Temporary signs are exempt from the requirement of obtaining a per- mit or paying a fee, but they shall be subject to the other provisions of this chapter. (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 1, 8-11-94; Ord. No. 10-99, § 1, 2-11-99; Ord. No. 2009-02, § 2, 1-22-09; Ord. No. 2009-16, § 4, 11-12-09) Sec. 6-112. Exempt signs. The following signs are exempt from the oper- ation of these sign regulations, and from the requirement in this Cade that a permit be ob- tained f'or the erection of permanent signs, pro- vided they are not placed or constructed so as to create a hazard of any kind: (A) Signs that are not designed or located so as to be visible from any street or adjoin- ing property. § 6-112 (B) Parking area directional signs may be erected at each point of ingress and egress to a parking lot or parking area. Such signs shall not exceed two {2) square feet in background area nor extend to a height greater than three (3) feet above ground. Only one (1) such sign shall be allowed at each point of ingress and egress, provided such signs do not create a traffic or pedes- trian hazard. (See section 6-11G(D)) No names or logos permitted. (C) Signs necessary to promote health, safety and welfare, and other regulatory, statu- tory, traffic control or directional signs erected on public property with permis- sion as appropriate from the State of Florida, the United States, the County of Palm Beach, or the Village of North Pahn Beach. (D) Legal natives and official instruments. (E) Decorative flags and bunting fora cele- bration, convention, or commemoration of significance to the entire community when authorized by the village manager for a period, not to exceed thirty (30) days. (F) Holiday lights and decorations, erected during the appropriate holiday season, shall comply with all building and electri- cal codes. Holiday lights and decorations may be erected na earlier than four (4) weeks prior to the subject holiday with the exception of the ChristmaslHanukkah holidays. Christmas/Hanukkah lights and decorations maybe erected no earlier than October 15th. All holiday lights and deco- rations must be removed within two (2) weeks following the holiday, (G) Merchandise displays behind storefront windows so long as no part of the display moves or contains flashing lights. (H} Memorial signs or tablets, names of build- ings and dates of erection when cut into any masonry surface or when constructed of bronze or other incombustible materi- als and attached to the surface of a build- ing. Supp. No. 45 3gg,g 6-112 NORTH PALIYI BEACH CODE ~ ~,\ • (I) Signs incorporated into machinery or equip- ment by a manufacturer or distributor, which identify or advertise only the prod- uct or service dispensed by the machine ox equipment, such as signs customarily af- fixed to newspaper racks, telephone booths, and gasoline pumps, {J) Advertising and identifying signs located on taxicabs, buses, trailers, trucks, vehi- cles or vehicle bumpers, subject to the regulations of section 6-113(B)(23) of this Code. (K) Public warning signs to indicate the dan- gers of trespassing, swimming, animals or sunilar hazards. (L) Works of art that do not constitute adver- tising. (4) Each banner must be located en- tirely against the pa•incipal building below the second story floor line (if applicable) and be securely fastened at each corner or edge. (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 25-2001, § 1, 8-23-01; Ord. No. 2009-02, § 3, 1-22-09) Sec. 6-113. Prohibited signs. {A) Gene~•ally. It shall be unlawful to erect or keep any sign not expressly authorized by, or exempted from, this Code. (B} Specifically. The following signs are ex- pressly prohibited unless exempted by section 6-112 of this Code or expressly authorized by section 6-114, or section 6-115 of this Code: (lj Signs that are in violation of the building code or electrical code adopted by the (M) Signs carried by a person. village. (N) Religious displays. (O) Temporary banners not exceeding thirty- two (32} square feet within commercial zoning districts upon written application to and approval by the community devel- opment department. The application shall be accompanied by an administrative pro- cessingfee established by the village coun- cil. Temporary banners shall be limited as follows: (1) No single commercial parcel may display a temporary banner for more than sixty (60) days during, either consecutive or alternate, during any calendar year. (2) No single commercial parcel shall display more than one (1}temporary banner at any given time, and all banners must relate to a business Iocated within the parcel holding a valid village business tax receipt. (3) No banner may exceed thirty-two (32 j square feet in overall surface area or ten {10) feet in height or width. The matez~ials used for the banner must conform to industry standards. (2) Any sign that constitutes a safety hazard. (3) Blank temporary signs. {4} Signs with visible moving, revolving, or rotating parts or visible mechanical move- ment of any description or other apparent visible rnovemezat achieved by electrical, electronic, or mechanical means, except for traditional barber poles. (5) Signs with the optical illusion of move- ment by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy. (6) Signs with lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color, {7) Outline neon lighting used on commer- cially developed parcels for commercial purposes. (8) Signs, commonly referred to as wind signs, consisting of one or more banners, flags, pennants, ribbons, spinners, stxeamers or captive balloons, ar other objects or mate- rial fastened in such a manner as to move upon being subjected to pressure by wind. Sapp. No. 45 398.10 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. Section Section Section this Code Section this Code lAl 27-31 ch. 177 App. B, Art. I, 1.01 et seq. 1-2 § 36-2 ch. 22F App. B, Art. II, App. B, Art. II, § 36-10 § 36-8 ch. 39 App. C, § 45-2 App. B, Art. II, Ch. 50 2-181 § 36-15 50.041 2-181 App. B, Art. IV, 50.051 2-181 § 36-27 55.03 29-5(a) ch. 185 2-167 ch. 98 Ch. 10 185.06(1)(b) 2-166 101.657 10-7 185.08 26-16 112.181 `L-161(e)(9} 202.195 29-8(m) 161.55(1)(d) 6-156 203.012 26-51, 29-3 161.041 6-153 29-5(b) 161.053 6-154 203.012(5)(b) 26-51 162.12{2j 2.180 ch. 205 Gh. 17, Art. II ch. 163 12.5-1 205.043(2), 21-1 205.043(3) 17-`L4, 17-25 21-11 205.053 17-20 21-43, 21-44 205.192 17-22 App. B, Art. I, 210A3 17-33 § 36-2, App. B, Art. ch. 212 26-53 I, § 36-4 ch. 252 Ch. 8 App. B, Art. II, 8-4(a)(2) § 36-16 `L52.38 et seq. 8-6 App. B, Art. VI 253.125 7-19 163.01 2-4(f? 280.02 2-4(f) 163.161 et seq. 21-01 286.011 2-1 ch. 163.170, App. B„ Art. II, Ch. 316 18-20 §163.3164(17) § 36-10 316.008 Ch. 18 163.`L2b(3}(a}-(c} 5-86 316.272 19-117 163.295 6-150 316.293 19-117 163.3161 et seq. Ch 21, Art. II 316.1955, 316.1956 18-37 163.3177 21-44 320.01(1) 14-37 163.3178 6-155 ch. 327 Ch.5 21-44 327.02 5-33 163.31$0(12) 21-48 335.065 App. B, Art. IV, ch. 166 6-16 § 36-29.1 Ch. 24 33729 29-2 Ord. No. 2478 § 3 337.401 29-2, 29-3 166.021 Ch. 17, Art. II 29-5(a), (e) 166.221 17-34 29-6fa) 166.231 Ch. 26, Art. III 337.401(3) 28-3 ch. 170 21-L 337.403, 337.404 29-7 170.01 Ch. 24 342.03 Ch. S ch. 175 2-167 362.01 29-2 175.071(1) 2-166 364.02 `L9-3 175.101 26-17 ch. 373 19-200 Supp. No. 44 2819 NORTFI PALM BEACII CODI•i Section Section this Code ch. 380 21-44 App. B, Art. II, ~ 3G-10 380.04 21-103 393 App. C, § 45-2 ch. 394 App. G, $ 45-2 ch. 400 App. C, § 45-2 ch. 401 11.Ci-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, § 45-2 471.003 29-8(c)(1) ch. 472 App. I3, Art. 1, § 36-6 ch. 480 App. C, § 45-2 ch. 495 1-10 ch. 553 6-16 553.73 6-154 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 2-136 650.02 2-136 658.12 2-4(q) ch. 760 App. C, § 45-2 768.28 29-12(d) 775.082, 775.083 2-169(t) 2-255 794:011 19-31 800.04 19-31 827.071 19-31 ch. 847 App. C, § 45-20 847.0145 19-31 870.041 8-21 $70.44 8-22 870.45 8-22 872.05 2-104 943.14 2-159 943.25(13) 1-9 [The next page is 2869] Supp. Na. 44 2$2~ CODIa COMPAIZA.'PIVL TABLL Adoption Section Ord. Igo. Bate Section this Code 8 19-221 9 29-5fa) XO App. C, § 45-20(9), f10) 11 App. C, § 45-36 Q(5) 2007-01 1-11-07 2 Added 21-48 `L007-03 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) 2008-01 1-10-08 2 6-115(,F} 2008-02 1-10-OS 2 2-148 2008-03 1-24-OS `L 10-5 Dltd 10-6-10-8 Rnbd 10-9 as 10-6 Dltd 10-10 Rnbd 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-OS App. D 2008-i5 10-23-08 2 lipid 14-37-14-52 3 Itpld 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-i8 11-13-08 2-5 2-159-2-162 2009-O1 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) L009-04 4-23-09 2 App. C, § 45-2 3 App. C, § 45-19 D. 4 App. C, § 45-27 A.1. Added App. C, § 45-27 l'. 2009-05 5-14-09 2 Added 15-11-15-18 2009-006 6-11-09 2 4-27, 4-28 4-31, 4-32 2009-07 7-23-09 L 17-33 2009-09 7-23-09 2 14-79 2009-7.1 9-10-2009 2 Added 2-251-2-256 2009-15 9-24-2009 2 12-16,12-17 Added 12-18 Supp. Na. 45 2891 NORTH PALM I3EACH COD>1 Adoption Section Ord. No. Date Section this Code 2009-16 17-12-09 2 21-3 3 5-86 5 21-21(g} 6 App. C, § 45-35.1.VII 7 App. C, §§ 45-49, 45-50 [The next page is 2933) Supp. No. 45 2592 CODL+'INDEX Section Section BLOCKS BOATS, DOCKS AND WATERWAYS (Gont'd.} Subdivision design standards............ 36-18 Drainage canals ................... 5-59 BOARllS, COMMI'ffiEES AND COA'i1VIIS- General requirements ............. . 5-57 SIONS. See: DEPARTMENTS AND Navigation canals .................. 5-58 OTHER. AGENCII~S Ole VILLAGE Surety bond px•erequisite to issuance of building permit in certain BOATS, DOCKS AND WATERWAYS cases ......................... 5-61 Abandoned boats ....................... 5_g Docks and piers Abatement of public nuisances ou pxi- Construction in waters other thaxx vate ro c.rt ......... P P' Y .......... 14-79 et se q. Lake Worth and Atlantic Ocean, Anchoring and mooring regulations governing ......... 5-84 Liuritatiou ou auchor•iug and. mooring in Defiuitians .............. . ......... 5-81 prohibited area; mooring permit Generally ...... . .................. 5-82 required ............... ......... 5-18 Lake Worth and Atlantic Ocean,reg- Moor•ing limitations iu lagoons (private ulations governing construction docks) .......................... 5-16 in.........,...............-.. 5-85 Unlawfully anchored or moored vessels Minimum design requirements...... 5-83 Claiming of•1 essel by owner; payment Variances ......................... 5-86 of costs .. . . . .................. 5-23 Erosion cantrol structures Department of puhlic safety to im- Construction ...................... 5-95 pound ........................ 5-19 Control ........,.................. 5-96 Owner to be notified upon impound- Definitions ..... . .................. 5-93 meat ......................... 5-20 Permitted, when,.................. 5-94 Procedure in event owner cannot be Piers. See withrirr this subheading: Docks found ........................ .5-21 and Piers Tteclamation of owner after sala..... 5-`L4 Seawalls. See within this subheading: Unclaimed vessel to be sold; certifica- Bulkheads and Seawalls Lion of•sale ................... 5-22 Definitions ............................. 5-1 Use of vessel for dwelling purposes in Disturbing other boats ............... . .. 5-6 prohibited area .................. 5.25 Exhibition boats exeurpted from certain Authority of city to board boats violating restrictions ........................ 5-4 pro~dsions ......................... 5-17 blood damage prevention provisions...... 12.5-1 et seq. Boat launching area See: I+IaOOD DAMAGE PREVENTION Abandoned boats and equipment I~reling of marine craft .................. b-26 Disposition .............. . ......... 5.3g Health and sanitation requirements Recover ..,.,,, y ................... 5_S7 Cleanliness of docks .................. 5-11 Designated; use restricted ............. 5-33 Observance of grillage health and con- Permits required duct rules ....................... 5-10 Boats remaining for more that 24 Pollution of waterways ...... . ......... 5-13 hours ........................ 5-35 Refuse disposal....................... 5-12 Repairs prohibited .................... 5-34 Living aboard boats restricted ........... 5-15 Vehicleltrailer parking in designated ar- Marine sanctuaries eas . . ........................... 5-35 Designation of waters as marine sanetu- Violation;penalty .................... 5-38 aries Bulkhead lines ......................... 7-1 et seq. Area to be regulated ............... 5-101(c) See: BULI£FIEAD LINES Areas desiguatoch .................. 5-101(b) Coastal construction code ................ 6-151 et seq. Construction of provision ........... 5-101(d) See: COASTALCONSTRUCTIONCODE Definition ......................... 5-101(a) Code enforcement board, applicability re.. 2-173 Mooring, docking, or beaching of boats on Construction requirements public or private property without Bulkheads and seawalls permission ........................ 5-9 Compliance with provisions required 5-69 Parking Inspection required .. . ............ . 5-73 Boating equipment; parking on residen- Permit fee ................ . ........ 5-72 tial property restricted........... 18-35 Specifications ...................... 5-71 Prohibited parking upon right-of-way of Submission of plans and specifica- specific roadways ................ 18-34.1 lions ................ ~ ........ 5-70 Running enbrines, hours in residential dis- Canals tricts .............................. 5-14 Canal crossings .................... 5-60 Searchlights, use of ........,............ 5-7 Compliance with pravisiwrs required 5-56 Speed limits; wakes ..................... 5-2 Supp. No. 39 2937 NOIi,'I'H PALM BEACH CODE Section Section BOATS, DOCKS AND WATERWAYS (Confd.) BUILDINGS (Confd.) Subdivision provisions re waterways ..... 36-22 et seq. Codes adopted . . . ................. . .. 6-17 See: SUBDIVISIONS (Appendix B} Violations and penalty ................ 6-19 Swimming in restricted waters .......... 5-3 Missiles, throwing ...................... 19-83 Water skiing ........... ................. 5-5 Noise From building..... _............... 19-102 Watez-ways board ....................... 5-102 et seq. Obstz•ucti.ng passageway................. 19-47 BOISTEROUS CONDUCT Outdoor displays. See herein: Signs and Noisy and boisterous ....... . ........ . ... 19-106 Outdoor Displays Park and reczeation facilities; erecting build- BONDS ings or structuros .................. 20-3 Administrative code; bonds required of cer- Public land, construction on prohibited ... 6-I tain officers ..................... . . 2-42 Signs and outdoors displays ............. G-11.4 et seq. Canal construction; surety bond prerequi- See: STGNS AND BTLI,BOARDS site to issuance of building permit... 5-61 Smoke, dust, odors, liquids, etc........... 19-9 Finance director, duties re ............... `L-59(7) Spitting in public places prohibited.... , , . 19-5 Village manager ............ . ........... 2-117 Stormwater management; level of finished BRUSH. See: WEEDS AND BRUSH floor of stzuctuzres .................. 21-63 Subdivision regulations ................. 36-1 et seq. BUILDINGS See: SUBDIVISIONS (Appandix B) Appearance code Swimming pools ............ . ........... 2.5-1 et seq. Appeals and review ................... 6-35 See: SWIMMING POOLS Appearance plan ..................... 6-33 Zoning regulations ................... , .. 45-1 et seq, Certificate of appropriateness See: 'CONING (Appendix C;} Final hearings ..................... 6-57 Follow-up by building inspector ..... 6-60 BULKHEAD LINES Planning camznission Code enforcament board, applicability ze.. 2-173 Action of ........................ 6-58 Established; designated ................. 7-1 Approval by ..................... 6-59 N511ing operation beyond bulkhead line pro- Yreliminary consideration ,......... 6-56 hibited ............................ 7-2 Defiuitian ............................ 6-31 If~lling permit Intent and purposes .................. 6-32 Application fees...................... 7-19 Planning commission, powers and du- Application; issuance ................. 7-18 ties re ... . .. . ................... 6-36 Expirataan date; renewal; ravacation... 7-20 Short title ........................... 6-30 Public heazzng prerequisite to consider- Appearance plan (Appendix A). See that ation ........................... 7-17 subject Required.......,,.. .................. 7-16 Coastal construction code ...... . ......... 6-151 et seq. Unlawful fill; removal ................. , . 7-3 See: COASTAL CONST1tUCTION CODE Code enforcement board, applicability re.. 2-178 BULKHEADS Codes Bulkheads and seawalls, construction re- Appearance code. See herein that sub- quirements z•e ..................... 5-69 et seq. ject See: BOATS, DOCKS AND WATER- Building code ........................ 6-17 WAYS Coastal construction code .. . .......... 6-151 et seq. Electrical code ....................... 11-i1, 11-12 BUSINESS REGULATIONS Energy eiliciettcy building code ........ 6-150 Ambulances ............................ 17-50, 17-51 I+'ire prevention code ................ . . 12-1(3 et seq. Businessas located outside village limits Housing code ......................... 15-1, 15-2 Application for certificate of regulation. 17-34.2 Country club ........................... 9-1 et seq. Certificate of business regulation re- See: COUNTRY CLUB quired; basis of one year ...... , .. 17-34 Electrical Cade ............... . .......... 11-11, 11-12 Commercial vehicles, marking of ...... 17-34.13 Energy efficiency building cads Compliance by principal deemed compli- Adopted by referenco ................. 6-150 once by agent................... 17-34.8 I+'lood damage prevent~ian ................ 12.5-1 et seq. De]inquency penalty .................. 17-34.4 See: FLOOD DAMAGE P1tEVENTION Doing business not covered by certifi- Housing code ............... . ........... 15-1, 15-`L Cate of regulation............... , 17.34-7 Landscaping ............................ 27-31 et seq. Duplicate certificates of regulation... , . 17-34.6 See: LANDSCAPING Duration .. . .......................... 17-34.3 Minimum construction standards False statements Authoxtity ............................ 6-16 Certificate obtained void ab initio ... 17-34.7 Supp. No. 39 2938 ~` - ~. CODE INDL+'X Section Section FIRE PREVENTION AND PROTECTION FLOOD DAMAGE PREVENTION (Cont'd.) (Cont'd.) Building official Emergency medical technician volun- Designated as flood damage control ad- teers ........................... 12-32 ministratm•..................... 12.5-21 Equipment Duties and rosponsibilitios ............ 12.5-23 Acquisition ........................ 12-52 Definitions ............................. 12.5-5 Fu•e alarm system ................. 12-53 Development permit Generally ......................... 1`L-51 Required...........,.............._.. 12.5-22 Housing ........................... 12-54 Findings of fact......................... 12.5-2 Private use of equipment ........... 12-55 Flood hazard reduction provisions Tamperuig with equipment......... 12-56 Coastal high hazard areas ............ 12.5-44 Impersonating fireman .............. . 19-8 General standards R'lotor equipment and members' cars des- Anchoring ......................... 12.5-41(1} ignated emergency vehicles ...... 12-31 Construction materials and methods 12.5-41(2} Personnel Enclosures below lowest floor ....... 12.5-41(.6) Badges ............................ 12-41 Mechanical and utility equipment... 12.5-41(5) Car insignia ....................... 12-42 Subdivision proposals.............. 12.5-41(4} Other officers accountable to chief... 12-39 Utilities ........................... 12.5-41f3) Police assistance ................. . . 12-43 Regulatory floodways ................. 12.5-43 Special police powers ............... 12-40 Sand dunes and mangrove stands ..... 12.5-45 Volunteer firefighters, length of service Specific standards award plan For .................. 2-170 et seq. Nonresidential construction......... 12.5-42(2) See: PENSIONS AND RETIREMENT Residential construction ........ , _ .. 12.5-42(1} Florida fire prevention code Intezpretation .......................... 12.5-9 Adopted by reference ................. 12-16 Lands to which provisions applies........ 12.5-6 Annual fire inspection and establish- Methods of reducing flood lasses , ........ 12.5-4 went of fee schedule ............. 12-17 Noncompliance, penalties for ............ 12.5-ll Review of construction plans and fire Statement of purpose and objectives...... 12.5-3 suppression, detection and alarm Statutory authorization ................. 12.5-1 systems and establishment of fee Variance procedure ..................... 12.5-24 schedule ........................ 12-18 FLORIDA, STATE Oh. See: STATE Hazardous substances, cast recovery for. cleanup, abatement and removal of FOLLOWING, PRECEDING Authority of public safety department.. 12-102 Definitions and rules of construction ..... 1-2 Cost reimbursement to village......... 12-103 FOOD AND FOOD PREPARATION Definitions ........................... 12-101 Barbecue grills and similar cooking devices 19-10 Exceptions for fire suppression services 12-105 Late f'ee for f'ailuxe to reimbursement .. 12-106 FORFEITURES. See: FINES, FORFEITURES Records .............................. 12-104 AND OTTi~;R PENAL'PIES Remedies ............................ 12-107 Pension and certain other benefits for fire FOWL. See: ANIMALS AND FOWL and pofice employees ............... 2-159 et seq. FRANCHISES See: PENSIONS AND RETIREMENT Enumerated. See Appendix D FIREARMS AND WEAPONS Use of rights-of--way far utilities.......... 28-1 et seq. Concealed rveapons, ctu•rying ............ 19-184 See: UTILI'CIES Forfeiture; disposition ................... 19-186 Possession .............................. 19-183 G Sales restricted (xAI+JIBLING Record of sales required .............. 19-185(c} Animals, causiug to fight ................ 4-8 Specified weapons, display and sale of . 19-185(b) Switchblade knives prohibited...... , , . 19-185(a) GARAGE AND OTHER SALES Stench bombs prohibited ................ 19-82 Garage sales ........................... 17-61 See: STENCH BOMBS Permit required ........................ 17-62 Violations and penalties .............. . .. 17-63 FLOOD DAMAGE PREVENTION Abrogation and greater restrictions ...... 12.5-8 GAIi,BAGE AND TRASH Areas of spacial flood hazard Abatement of public nuisances on private Basis for establishment ............... 12.5-7 property................. , ......... 14-79 et seq. 'Warnings regarding designations ..... , 12.5-10 See: NUISANCES Supp. No. 44 2943 NORTH PALM BEACH CODE GARBAGE AND TRASH (Confd.) Boats; refuse disposal .................. . Garbage collection and disposal Charges Commercial use property waste dis- posal fool and collection proce- dures ........................ Fee for excess amounts from commer- cial establishments .......... . Generally ......................... When and where paid .............. Definition ............................ Frequency of collection ................ Garbage cans Kept covered ...................... Required .......................... Landscaping; refuse container areas..... . Public works department Refuse disposal division ............... GATHERINGS. See: ASSEMBLIES GENDER Definitions and rules of construction .... . GOLI' ADVISORY BOARD Composition and terms ............... . . . Composition ......................... Officers .............................. lbrms ............................... Creation ............................... Duties ................................. Meetings ...... ......................... GUNS. See: FIREARMS AND WEAPONS )Z Section HEAL'PHAND SANITA'PION (Confd.) 5-12 Boats, docks, etc., provisions re .......... See: BOATS, DOCKS AND WA'PER- WAYS Code enforcement board, applicability re. . Garbage and trash ...................... 14-30 See: GARBAGE AND TRASH Park and recreation facilities; failure to 14-28 cooperate in keeping restrooms neat 14-27 or sanitary ........................ 14-29 Rabies control .......................... 14-23 See: ANIMALS AND FOWL 14 ~G HEDGES. See: FENCES, WALLS, HEDGES 14-25 AND ENCLOSURES 14-24 HITCHHIKING 27-41 Prvhibitions ............................ 2-85(2) HOME OCCUPA'1'IONS Gustamex soxwice requirements and perfor- mance standards ................... Defl nltlaILS ............................ . Effective date ........................... 1-2 Local business tax. See also that subject Generally ............................ 9 17 Home occupation provisions 9-17(a) Affidavit of applicant required ..... . 9-17(c) Appeals ........................... 9-17(b) Requirement of business tax receipt. 9-16 Pormitted uses, home occupations as .. , . . 9-19 Repeal of ordinances .................... 9-18 Standards .............................. Violation of standards or cvnditians deemed a Cade violation ................... HORNS Noise control ........................... HANDBILLS HOUSING Distribution restricted .................. 19-7 Abandoned real property ............... . See: PROPERTY HANDGUNS. Soe: FIREARMS AND WEAP- Boats, docks and waterways; anchoring ONS and mooring Use of vessel for dwelling purposes in HANDICAPPED PERSONS. See: DISABLED prohibited area .................. AND IANDICAPPED PERSONS HOUSING CODE HA7.,ARDOUS SUBSTANCES Adopted by reference ....... . .. . ........ . Recovery of costs for cleanup, abatement Ametada~ents ........................... and removal ....................... 12-101 et seq. Cade enforcement board, applicability re. . See: FIRE PREVENTION AND PRO- TECTION ~ HEAL'PH AND SANITA'PION Abatement of public nuisances on private property ........................... See: NUISANCES Animals and fowl, provisions re......... . See: ANIIt~'IALS AND FOWL Bathing regulations Diseased persons prohibited from bath- ing in public pool, etc........... . IMPERSONATION Impersonating police officer; fireman or 14-79 et seq. other village official ............... . 4-11 et seq. IMPOUNDMENT Boats, docks and waterways; unlawfully anchored or moored vessels Department of public safety to im- 19-3 pound ........................ Section 5-10 et seq. 2-173 14-23 et seq. 20-2 4-42 et seq. 19-6 17-2 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) 19-103 15-11 et seq. 5-25 15-1 T5-2 2-173 19-8 5-19 f ~, Supp. No. 44 2944 CODE INDEX Section IUIPOUNDNIENT ((Gont'd.) Owner to be notified upon impouncl- ment ......................... 5-2(1,5-21 Section Supp. No. 41 2944.1 CODE INDEX Section Section IMPOUNDMENT (.Cont'd.) LANDSCAPING (Cont'd,} Dogs and cats .......................... 4-30 Plant material Ground covers ..................... 27-62fe) INDECENCY AND OBSCENITY Lawn grass ........................ 27-6L(f) Adult entertainment establishments ualit .............. ~ y ............ . 27-62(a} Zoning regulations re, See: ZONING (Ap- Shrubs and hedges ................. 27-62(c) pendix C) Tree species ....................... 27-62(b) Alcoholic beverage establishments; nudity, Vines ........................... . . 27-62(d) partial nuclity, sexual conduct prohib- Requiredtandscaping adjacent to public ited ............................... 3-4 rights-of-way .................... `L7-63 Zopless costumes ....................... 19-64 Sco e, a licabnlit P PP ~ Y ................... 27-59 Vulgar language .................... . ... 19-65 Sight distance adjacent to public rights- Window peeping ........................ 19-66 of-way and paints of access....... 27-66 INSURANCE EXCISE TAXES Certificate of completion ................. 27-35 Casualty insurance premiums .. , ........ 26-16 Code enforcement board, applicability re.. 2-173 Property insurance premiums. - ......... , 26-17 Completed landscaping required for certif- icate of use and occupancy.......... 27-37 IN'I'RACOASTAL WATERWAY Definitions ............................. 27-31 Marine sanctuary, designation as ........ 5-101 Improved. nonresidential properties in ex- istence on September 23, 1971 INVESTMENTS Applicable requirements .............. 27-40(b) Investment policy of the village , ......... 2-4 Exceptions ........................... 27-40(c) Objectives ........................... 27-40(a) J Planming commission, submission ofpluns to .............................. 27-40(d) JOINT AUTHORITY Objectives .... . ......................... 27-32 Definitions and rules of construction ..... 1-2 Off-street parking landscape manual ..... 27-3$ Plat use plan approval prerequisite to issu- H ance of permits for building and pav- ing ................................ 27-37 KNIVES. See: 1~IREAItMS AND \VEAI'ONS Refuse container areas .................. 27-41 Scope; applicability ..................... 27-34 L Zoning ordinance, conflict with........... 27-39 LAKE WORTH LIBRARY Marine sanctuary, designation as ........ 5-101 Damaging property unla«~ful ............ 16-1 Regulations governing constructaon of docks, Department of library piers in Lalce -Worth and Atlantic Librarian ............................ 2-93 Ocean ............................. 5-$5 Library board Appointment ......................... 16-17 LAND Compensation, service without ........ 16-20 Buildings; construction on public land pro- Composition ......................... 16-17 hibited ............................ 6-1 Established .......................... 16-7.6 Planning and development ..... . ........ 21-01 et seq. Nleetinngs ............................ 16-23 See: PLANNINGAND DEVELOPMENT Organization ......................... 16-21 Subdivision regulations ................. 36-1 et seq. Powers and duties.................... 16-2L See: SUBDIVISIONS (Appendix B) Qualifications .............. . ......... 16-19 Removal from office .................. 16-24 LANDSCAPING Term of office ........................ 16-17 Accessways ............................. L7-36 Vacancies.......... ••••••••-••••-•••• 16-1$ Appearance plan tAppendix A}. See that subject LICENSES AND PERMITS Applicatimn of provisimu; enforcement.... 27-33 Alarm permit ........................... 19-20$ et seq. Certain yard areas, of£ street parking and See: AI~ASIMS other vehicular use areas Boat launching area permits ............. 5-34 Existing plant material ............... 27-67 Boats, docks and waterGVays Installation .......................... 27-60 Limitation on anchoring and mooring in Maintenance ......................... 27-61 prohibited area; mooring permit Parking area interior landscaping ..... 27-65 required ........................ 5-1$ Perimeter landscaping relating to abut- Bulkhead lines; filling permit. , , ......... 7-16 et seq. ting properties .................. L7-64 See: BULKIiEAD LTNES Supp. No. 39 2945 NORTH PALM BEACH CODE Section LICENSES AND PERNII'PS (,Cont'd.) Bulkheads and seawalls ................. 5-72 Code enforcement board, applicability re.. 2-173 Community development department Permits and inspections ........ . ..... 2-112{1) Driveways. See herein: Sidewalk and Drive- way Permits Emergency medical services ............. 11.5-21 Flood damage prevention development per- mit ............................... 12.5-22 Garage, related sales .................... 17-62 Home occupations. See also that subject Generally ............................ 17-1fi etseq, Business tax receipt for home occupa- tions ......................... 17-3(c) et seq. Noise control; special permits excepted ... 19-119 Park and recreation facilities; meeting and gathering permits .................. 20-31 et seq. See: PARKS, PLAYGROUNllS AND RECREATION Seawalls. See herein: Bulkheads and Sea- walls Sidewalk and driveway per~xtts .......... 24-55 et seq. See: STREETS, SIDEWALKSAND PUB- LIC PLACES Street excavation pormits ............... 24-28, 24-29 Swimming pool permits ................. 25-3 Utilities Use of'rights-of--way for utilities; written permit .......................... 28-2,28-3 LOCAL BUSINESS TAX Regulations enumerated ............... . . 17-16 et seq. See: BUSINESS REGULATIONS LODGING Unauthorized lodging and camping....... 19-11 LOGO Village logo ............................. 1-10 LOTS Subdivision design standards............ 36-18 Zoning regulations ...................... 45-1 et seq. See: `CONING (Appendix C) LOUDSPEAKERS Noise control policy re loudspoakers and devices £ar• advertisinbr .............. 19-105 M MANAGER. Sae; VILLAGE MANAGER MANGROVE STANDS Flood damage prevention provisions...... 12.5-45 MAPS. See: SURVEYS, MAPS AND PLATS MARINE SANCTUARIES Designated ............................. 5-101 MAY, SHALL Definitions and rules of construction ..... 1-2 Section MAYOR Civil disorders and disturbances Mayor designated Iocal authority for pres- ervation of public peace .......... $-22 Village council; presiding officer at meet- ings ............................... 2-18 MEASURES. See: WEIGHTS AND MEA- SURES MEDICAL SERVICES Emergency medical services ............. 11.5-21 et seq. See: EMERGENCIES MEETINGS. See: ASSEMBLIES MISSILES, STONES, ETC. Tlxroxving missiles ...................... 19-83 MONTH Definitions and rules of construction ..... 1-2 MONUMENTS Subdivisions, required improvements re .. 36-27 MOTOR VEHICLES AND TRAFFIC Ambulances ............................ 17-50, 17-51 Businesses located outside village limits; marking af' commercial vehicles ..... 17-34.13 Combat Auto Theft {CAT) ............... 18-19 Discarded vehicles, etc.) Abatement of public nuisances on pri- vate property ................... 14-79 et seq. See: NUISANCES Fire division, pr•ovisians re cars and desig- nated emergoncy vehicles........... 12-31 et seq. See: FIRE PREVENTION AND PRO- TECTION Ilitehhiking prohibited .................. 19-fi Local business tax; marking of commercial vehicles ........................... 17-33.1 Motorized scooters ...................... 18-ZO Noise cantral policy, provisions xe ........ 19-103 et seq. See: NOISE Park regulations re traffic ............... 20-5 Parking. See herein: Stopping, Standing and Parking Public safety department Police division, provisions re tratlic .... 2-76(b)(5) Stopping, standing and parking Parking restricted .................... 18-34 Recreational, boating and camping equip- ment, and personal recreational use trailers; parking on residential prop- erty restricted ................... 18-35 Signs, parking in violation of.......... 18-36 Vehicle, trailer or boat parking prohib- itedupon paved or unpaved area of the road right-of=way of specific roadways ....................... I8-34.1 Violations; fines Handicap spaces ................... 18-37 Non-handicap spaces ............... 18-38 l ~ Supp. No. 39 2946