Code of Ordinances Supplement 46SUPPLEMENT NO. 46
February 2010
CODE OF ORDINANCES
Village of
NORTH PALM BEACH, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at
this time through:
Ordinance No. 2010-03, adopted January 28, 2010.
See the Code Comparative Table for further information.
Remove old pages
xi-xvi
Checklist of up-to-date pages
151-162
321-326.1
398.9, 398.10
2819, 2820
2891, 2892
2937, 2938
2943-2946
Insert new pages
xi-xvi
Checklist of up-to-date pages
(following Table of Contents)
151-162.4
321-326.1
398.9, 398.10
2819, 2820
2891, 2892
2937, 2938
2943-2946
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
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Website: www.municode.com
TABLE OF CONTENTS
Page
Officials of the Village ....................................... iii
Preface ..................................................... v
Adopting Ordinance ......................................... vii
Readopting Ordinance ....................................... x.i
Checklist of Up-to-Date Pages ................................ [1]
PART I
CHARTER
Charter .... ............................................ ..... 1
Art. I. Corporate Name ......................... ..... 3
Art. I.A. Vision Statement ...................... ..... 3
Art. II. Territorial Boundaries .................. ..... 3
Art. III. Legislative ............................ ..... 10.2
Art. IV. Administrative ......................... ..... 15
Art. V. Qualifications and Elections ............. ..... 17
Art. VI. Transition Schedule .................... ..... 18
Charter Comparative Table .................................. 65
PART II
CODE OF ORDINANCES
Chapter
1. General Provisions ....................................... 77
2. Administration .......................................... 133
Art. I. In General ................................... 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. No. 46 ~
NOR'PH PALM BEACH CODE
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, D ocks 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. Appearance Code ........................ ... 384
Div. 1. Generally ............................ ... 384
Div. 2. Reserved ............................. ... 398.3
Div. 3. Certificate of Appropriateness ......... ... 398.3
Art. IV Reserved ................................ ... 398.5
Art. V Signs and Outdoor Displays ............... ... 398.5
Art. VI. Energy Efficiency Building Code .......... ... 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. No. 46 Xjj
'FABLE OF CONPENPS Contd.
Chapter Page
Art. II. Golf Advisory Board ......................... 562
Art. III. Finances ................................... 563
10. Electio ns ............................................... 615
Art. I. In General ................................... 617
Art. II. Reserved ................................... 618
Art. III. Reserved ................................... 618
Art. IV. Polling Locations ........................... 618
11. Electricity .............................................. 671
Art. I. In General ................................... 673
Art. II. Electrical Code .............................. 673
11.5. Emer gency 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. I. In General ................................... 891
Art. II. Garbage, Trash and Refuse .................. 891
Div. 1. Generally ............................... 891
Div. 2. Garbage Collection and Disposal .......... 891
Div. 3. Reserved ................................ 892
Art. III. Reserved ................................... 892
Art. IV. Abatement of Public Nuisances on Private Prop-
erty ........................................ 893
15. Housing .. ............................................ . 945
Art. I. In General .................................. . 947
Art. 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
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NOR'PH PALM BEACH CODE
Chapter Page
Art. II. Local Business Tax .......................... 1057
Art. III . Businesses Located Outside Village Limits ... 1060.4
Art. IV. 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. Offense s 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
Art. VIII. Weapons ................................. 1235
Art. IX. Water Shortage Emergencies ................ 1236
Art. X. Alarms ..................................... 1238
Art. XI. Wellf"ield 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. 46 ~p
'FABLE OF CONPENPS Contd.
Chapter Page
Art. III . Sidewalks and Driveways ................... 1520
Div. 1. Generally ............................... 1520
Div. 2. Permits ................................. 1522
25. Swimm ing Pools ........................................ 1573
Art. I. In General ................................... 1575
Art. II. Reserved ................................... 1575
Art. III . Reserved ................................... 1576
26. Taxatio n .. ............................................. 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 a nd Shrubbery .................................... 1681
Art. I. In General ................................... 1683
Art. II. Trees in Swale Areas ........................ 1683
Art. III . Landscaping ............................... 1684
Div. 1. Generally ............................... 1684
Div. 2. Reserved ................................ 1686
Div. 3. Requirements for Certain Yard Areas, Off-
Street Parking and Other Vehicular Use
Areas ................................... 1686
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. VII. Legal Status ............................... 2379
C. Zoning .................................................. 2479
Art. I. In General ................................... 2481
Art. II. Generally ................................... 2485
Art. III. District Regulations ........................ 2486.6
Arts. IV, V. Reserved ................................ 2515
Art. VI. Amendments-Fees; Waiting Periods......... 2515
Art. VII. Nonconforming Uses of Land and Structures. 2516
D. Franchises .............................................. 2619
Statutory Reference Table .................................... 2819
Code Comparative Table-1970 Code ......................... 2869
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NOR'PH PALM BEACH CODE
Page
Code Comparative Table-Laws of Florida .................... 2873
Code Comparative Table-Ordinances ........................ 2875
Charter Index ............................................... 2933
Code Index ................................................. 2935
Supp. No. 46 XVi
Checklist of Up-to-Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on 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 for the user
to determine whether the Code volume properly reflects the latest printing of
each page.
In the first column all page numbers are listed in sequence. The second
column reflects the latest printing of the pages as they should appear in an
up-to-date volume. The letters "OC" indicate the pages have not been reprinted
in the Supplement Service and appear as published for the original Code.
When a page has been reprinted or printed in the Supplement Service, this
column reflects the identification number or Supplement Number printed on
the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used
in compiling an up-to-date copy from the original Code and subsequent
Supplements.
Page No. Supp. No. Page No. Supp. No.
Title page 1 77 OC
iii 1 79, 80 OC
v, vi OC 81, 82 25
vii, viii OC 83 25
ix OC 133 44
x.i, x.ii 1 134.1, 134.2 34
x.iii 1 134.3, 134.4 39
xi, xii 46 134.5, 134.6 39
xii, xiv 46 135, 136 39
xv, xvi 46 137, 138 39
1 25 138.1, 138.2 33
3, 4 25 138.3 30
5, 6 25 139, 140 34
7, 8 25 140.1, 140.2 28
9, 10 29 141, 142 33
10.1, 10.2 38 142.1 33
10.3 38 143, 144 31
11, 12 25 144.1, 144.2 36
13, 14 25 145, 146 36
15, 16 33 146.1 36
16.1 33 147, 148 32
17, 18 25 148.1 32
19 25 149, 150 29
65 38 151, 152 46
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Page No. Supp. No. Page No. Supp. No.
153, 154 46 453 OC
155, 156 46 455, 456 22
157, 158 46 507 22
159, 160 46 509, 510 33
161, 162 46 511 22
162.1, 162.2 46 559 36
162.3, 162.4 46 561, 562 40
163, 164 36 563 40
164.1 36 615 36
165, 166 25 617, 618 36
167, 168 25 671 2
169, 170 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 46 779, 780 OC
323, 324 46 781, 782 OC
325, 326 46 783, 784 OC
326.1 46 785, 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
381 23 892.1, 892.2 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 46 999, 1000 22
398.11, 398.12 40 1051 33
398.13, 398.14 40 1053, 1054 31
398.15, 398.16 40 1054.1, 1054.2 31
398.16.1 40 1054.3, 1054.4 31
398.17, 398.18 33 1055, 1056 36
399, 400 OC 1057, 1058 33
401, 402 OC 1059, 1060 33
403 OC 1060.1, 1060.2 43
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1060.3, 1060.4 43 1517 OC
1060.5 43 1519, 1520 OC
1061, 1062 8 1521, 1522 27
1063,1064 8 1523 27
1121 OC 1573 24
1171 OC 1575, 1576 29
1173,1174 28 1627 9
1175, 1176 36 1629, 1630 27
1177 36 1631 27
1225 31 1681 OC
1227, 1228 37 1683, 1684 33
1228.1 37 1684.1, 1684.2 24
1229, 1230 21 1685, 1686 OC
1231, 1232 21 1687, 1688 17
1233, 1234 33 1689, 1690 17
1235,1236 30 1739 14
1236.1 30 1741, 1742 21
1237,1238 16 1781 21
1239, 1240 33 1783, 1784 21
1241, 1242 33 1785, 1786 33
1289 3 1787,1788 33
1291, 1292 OC 1788.1 33
1293, 1294 29 1789, 1790 21
1295 29 1791,1792 21
1343 4 1793,1794 21
1345, 1346 45 1795, 1796 21
1347, 1348 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, 1358 OC 2353 OC
1359, 1360 33 2355, 2356 OC
1361, 1362 33 2357, 2358 33
1363, 1364 33 2359, 2360 33
1365, 1366 33 2361, 2362 33
1366.1, 1366.2 33 2363, 2364 33
1366.3, 1366.4 33 2364.1 33
1367 5 2365, 2366 OC
1411 OC 2367, 2368 37
1463 OC 2368.1 37
1465, 1466 OC 2369, 2370 OC
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2371, 2372 OC 2510.27, 2510.28 25, Add.
2373, 2374 33 2510.29, 2510.30 25, Add.
2375, 2376 33 2510.31, 2510.32 25, Add.
2377, 2378 33 2510.33, 2510.34 25, Add.
2379 33 2510.35, 2510.36 25, Add.
2479 9 2510.37, 2510.38 25, Add.
2481, 2482 41 2510.39, 2510.40 25, Add.
2483, 2484 41 2510.41, 2510.42 25, Add.
2485, 2486 41 2510.43, 2510.44 25, Add.
2486.1, 2486.2 41 2510.45, 2510.46 25, Add.
2486.3, 2486.4 41 2510.47, 2510.48 25, Add.
2486.5, 2486.6 41 2510.49, 2510.50 25, Add.
2486.7, 2486.8 41 2510.51, 2510.52 25, Add.
2486.9, 2486.10 41 2510.53, 2510.54 25, Add.
2487, 2488 OC 2510.55, 2510.56 25, Add.
2488.1, 2488.2 18 2510.57, 2510.58 25, Add.
2489, 2490 18 2511, 2512 30
2491, 2492 18 2512.1, 2512.2 23
2493, 2494 18 2512.3, 2512.4 33
2495, 2496 18 2512.5, 2512.6 33
2497, 2498 32 2512.7 33
2499, 2500 32 2513, 2514 OC
2500.1 32 2515, 2516 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 46
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. 2881, 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 46
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
2510.23, 2510.24 25, Add. 2937, 2938 46
2510.25, 2510.26 25, Add. 2939, 2940 44
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2957, 2958 36
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Supp. No. 46 [5]
ADMINIS'PRA'PION
action is based on 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, 3-28-96; 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)
Sec. 2-158.1. Optional benefit plan no. 2.
Cost of living 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 consumer price index over the
12-month period ending April 1 of that year. 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 mem-
ber 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 forth
in sections 2-148, 2-149 and 2-158 of this Code.
For general employee group members and bar-
gaining unit employee group participants, 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. No. 27-2005, § 3, 9-29-05)
§ 2-159
DIVISION 4. PENSION AND CERTAIN
OTHER BENEFITS FOR FIRE AND POLICE
EMPLOYEES''`
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 (2i/z) 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
form 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 actuarially equivalent
means that any benefit payable under the terms
of this plan in a form other than the normal 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 form 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-Fire division, § 12-29 et seq.; police,
Ch. 23.
Supp. No. 46 151
~~' 2-159
NOR'PH 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.
Average 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 over 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 been 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 member, 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
contributions 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 possibility of his being
rehired, without losing credit for the time he has
participated actively as an employee. Should he
not be re-employed within five (5) years, his
contributions shall be returned to him without
interest.
It is provided further that credited service
shall include any service, voluntary or involun-
tary, in the armed forces of the United States,
provided the employee is legally entitled to re-
employment under the provisions of the federal
USERRA provisions or any similar law; and pro-
vided further that the employee shall apply for
reemployment within the time and under the
conditions prescribed by law. Effective January 1,
2007, members who die or become disabled while
serving on active duty military service which
intervenes the member's employment shall be
entitled to the rights of this section even though
such member was not re-employed by the village.
Members who die or become disabled while on
active duty military service shall be treated as
though re-employed the day before the member
became disabled or died, was credited with the
service they would have been entitled to under
this section, and then either died anon-duty
death while employed or became disabled from a
non-duty disability.
Early retirement date means for each member
the first day of the month coincident with or next
following the date on which he attains his fiftieth
(50th) birthday.
Earnings means a member's gross salary, in-
cluding overtime, public safety pay increment and
special pay, but excluding bonuses, such as lon-
gevity, safety and attendance awards and any
other non-regular payments such as unused sick
leave or vacation time pay. Beginning with earn-
ings after December 31, 2008 and pursuant to
Internal Revenue Code Section 414(u)(7), the def-
inition of earnings includes amounts paid by the
village as differential wages to members who are
absent from employment while serving in quali-
fied military service.
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.
Supp. No. 46 152
ADMINIS'PRA'PION
Employee means each actively employed full-
time firefighter and police officer of the village.
Employer means the Village of North Palm
Beach, Florida.
Firefighter means any person employed in the
fire department who is certified as a firefighter as
a condition of employment in accordance with the
provisions of F.S. § 633.35, and whose duty it is to
extinguish fires, to protect life, and to protect
property. The term firefighter includes all certi-
fied, supervisory, and command personnel whose
duties include, in whole or in part, the supervi-
sion, training, guidance, and management respon-
sibilities of full-time firefighters, part-time firefight-
ers, or auxiliary firefighters but does not include
part-time firefighters or auxiliary firefighters.
Fund means the trust fund established herein
as part of the plan.
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 or
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.
Plan 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. § 943.14,
and who is vested with authority to bear arms
and make arrests, and whose primary responsi-
bility is the prevention and detection of crime or
the enforcement of the penal, criminal, traffic or
highway laws of the state. This definition in-
cludes all certified supervisory and command
personnel whose duties include, in whole or in
part, the supervision, training, guidance, and
management responsibilities of full-time law en-
§ 2-160
forcement officers, part-time law enforcement of-
ficers, or auxiliary law enforcement officers, but
does not include part-time law enforcement offic-
ers or auxiliary law enforcement officers as the
same are defined in F.S. §§ 943.10(6) and 943.10(8),
respectively. Any public safety officer who is re-
sponsible for performing both police and fire ser-
vices and who is certified as a police officer or
firefighter shall be considered a police officer.
Spouse shall mean the lawful wife or husband
of a member at time of preretirement 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. 2008-18, § 2, 11-13-08; Ord. No. 2010-O1, § 2,
1-14-10)
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-
ing the following points, as well as such other
points or items as may be 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
all medical records to the board.
(c) Change in designation of beneficiary. Amem-
ber may, from time to time, change his designated
beneficiary by written notice to the board upon
forms provided by the board. Upon such change,
Supp. No. 46 153
§ 2-160 NOR'PH PALM BEACH CODE
the rights of all previously designated beneficia- percent of his average monthly earnings
ries to receive any benefit under the plan shall multiplied by the member's credited ser-
cease. vice for each year in excess of thirty (30)
(d) Buy-back of previous service. Each member
of the plan who terminates his employment with (2)
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 time between the member's
termination date and his subsequent re-
employment date is not limited.
(2) The member must pay into the fund an
amount equal to the sum of the amount he
withdrew from the fund when he termi-
nated employment, plus interest thereon
at the rate of seven (7) percent from the
date of withdrawal to the date of repay-
ment.
(3) The board shall notify the employee of the
total amount payable, as described above.
Payment must be made within ninety (90)
days of such notification.
(4) Upon timely payment of the required
amount, the employee shall immediately
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. No. 2008-18, § 3, 11-13-08)
Sec. 2-161. Benefit amounts.
(a) Normal retirement benefit.
(1) Amount. Each member who retires on or
after his normal retirement date shall be
eligible to receive a normal retirement
benefit commencing on his actual retire-
ment date. The monthly normal retire-
ment benefit shall be an amount equal to
the sum of two and one half (2i/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 (30) years; and two (2)
years.
Form of benefit. The normal retirement
benefit shall commence on the member's
actual retirement date and be payable on
the first day of each month thereafter,
with the last payment being the one next
preceding the retiree's death, 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.
(3) Optional forms of benefit. In lieu of the
form of benefit just described, a member
may choose an optional form of benefit as
provided in section 2-162 below.
(4) One hundred (100) percent vesting. Each
member who attains normal retirement
date or reaches ten (10) years of credited
service shall be one hundred (100) percent
vested in their accrued benefit.
(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:
(1) A deferred monthly retirement benefit
which shall commence on 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-
Supp. No. 46 154
ADMINIS'PRA'PION § 2-161
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.
normal retirement date, he becomes dis-
abled as defined in subsection (2) hereof.
Such retirement shall herein be referred
to as disability retirement. To be eligible
for anon-duty disability benefit, a mem-
ber shall have ten (10) or more years of
credited service. There is no years of ser-
vice requirement for eligibility for a duty
disability benefit.
(c) Benefit formula. The benefit formula appli- (2) a. Non-duty disability. A member will
cable in all cases of retirement shall be that in be considered for anon-duty disabil-
effect on each member's employment termination ity benefit if in the opinion of the
date. board, he is wholly prevented from
rendering useful and efficient ser-
(d) Preretirement death. vice as a police officer or firefighter,
(1) If a participant who is no longer an em- and such member is likely to remain
ployee of the village dies prior to the so disabled continuously and perma-
normal retirement date and has attained nently. Provided however the cause
age fifty (50) and had ten (10) years of was not one of the exclusions listed
credited service, a pension benefit of fifty in subsection (10).
(50) percent of the amount the participant b. Duty disability. A member will be
would have been entitled to, actuarially considered for a duty disability ben-
reducedfor early retirement, shall be paid efit, if in the opinion of the board, he
to the surviving beneficiary for as long as is wholly prevented from rendering
the beneficiary shall live. Such amount useful and efficient service as a po-
shall be based on the amount payable lice officer 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-
ofage shall receive pension benefits as set section (10).
forth 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-
puted under section 2-161(d) and shall be a. Non-duty disability benefit. The
payable to the designated beneficiary in amount of the benefit for the non-
equal, consecutive monthly installments duty disability benefit is determined
over ten (10) years. The benefit payments and paid in the same manner as for
specified herein shall commence upon death retirement at the normal retirement
of the plan member and approval of the date except that average monthly
pension board. earnings and credited service shall
(e) Disability retirement. be determined as of the member's
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
Supp. No. 46 155
§ 2-161
NOR'PH PALM BEACH CODE
twenty-five (25) percent of the dis-
abled member's average monthly
earnings.
b. Duty disability benefit. The amount
of the benefit for the duty disability
benefit is determined and paid in the
same manner as for retirement at
the normal retirement date except
that average monthly earnings and
credited service shall be determined
as of the member's last date of em-
ployment with the village. In any
event the duty disability benefit shall
be at least forty-two (42) percent of
the disabled member's average
monthly earnings.
(4) No member shall be permitted to retire
under the provisions of this section until
examined by a duly qualified physician or
surgeon, to be selected by the board for
that purpose, and is found to be disabled
in the degree and in the manner specified
in this section. Any member retiring un-
der this section shall be examined period-
ically by a duly qualified physician or
surgeon or board of physicians or sur-
geons 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 the
event of his 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 of:
1. The date on which the disabil-
ityhas existed for six (6) months,
or
The date the board approves
the payment of such retirement
income.
b. The last payment will be:
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
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 due 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 useful and efficient service
as a police officer or firefighter.
(8) If the member recovers from the disability
and reenters the service of the village as a
police officer or firefighter, his service will
be deemed to have been continuous, but
the period beginning with the first month
for which he 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.
(9) 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
Supp. No. 46 156
ADMINIS'PRA'PION
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-
ination including electrocardiogram failed
to reveal any evidence of such condition.
In order to be entitled to presumption in
the case of hepatitis, meningococcal men-
ingitis, or tuberculosis, the member must
meet the requirements of F.S. § 112.181.
The final decision whether a member meets
the requirements for duty disability pen-
sion rests with the board and shall be
based on substantial competent evidence
on the record as a whole.
(10) A member will not be entitled to receive
any disability retirement income if the
disability is a result of:
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;
Injury or disease sustained by the
member while serving in any armed
forces (this exclusion does not affect
members who have become disabled
as a result of intervening military
service under the federal Heroes
Earnings Assistance and Relief Tax
Act of 2008 (H.R. 6081; P.L. 110-
245);
d. Injury or disease sustained by the
member after employment has ter-
minated;
§ 2-161
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 vesting.
(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 afull and complete discharge of any
and all rights to claims or benefits under
the system by the member or his benefi-
ciaries.
(g) Cost of living adjustment. The amount of
pension benefit will be increased or decreased in
accordance with the changes in the consumer
price index (CPI-W U.SJ 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
1. 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.
Supp. No. 46 157
§ 2-161
NOR'PH PALM BEACH CODE
(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.
08-2001, § 1, 4-12-O1; Ord. No. 13-2003, §§ 1-3,
5-8-03; Ord. No. 2008-18, § 4, 11-13-08; Ord. No.
2010-O1, § 3, 1-14-10)
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
benefit 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
member and his/her beneficiary. The member
shall make such an election by written request to
the board, such request being retained in the
board's files. Notwithstanding any other provi-
sion of this section, a retired member may change
his or her designation of joint annuitant or bene-
ficiary up to two (2) times as provided in F.S.
§ 175.333 without the approval of the board of
trustees or the current joint annuitant or benefi-
ciary. The retiree is not required to provide proof
of the good health of the joint annuitant or bene-
ficiary being removed, and the joint annuitant or
beneficiary being removed need not be living. Any
retired member who desires to change his or her
joint annuitant or beneficiary shall file with the
board of trustees a notarized notice of such change.
Upon receipt of a completed change of joint annu-
itant form or such other notice, the board of
trustees shall adjust the member's monthly ben-
efit by the application of actuarial tables and
calculations developed to ensure that the benefit
paid is the actuarial equivalent of the present
value of the member's current benefit and there is
no impact to the plan. The beneficiary or joint
annuitant being removed will be assumed de-
ceased by the actuary in determining the actuari-
ally equivalent amount of the revised monthly
payment. No retiree's current benefits shall be
increased as a result of the change of beneficiary.
(1) Option 1-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 his/her 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 z/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 or lump
sum distributions.
(Ord. No. 9-82, § 4, 6-10-82; Ord. No. 1-92, § 4,
2-13-92; Ord. No. 20-2000, § 3, 8-10-00; Ord. No.
13-2003, § 4, 5-8-03; Ord. No. 2008-18, § 5, 11-13-
08; Ord. No. 2010-O1, § 4, 1-14-10)
Supp. No. 46 158
ADMINIS'PRA'PION
Sec. 2-163. Contributions.
(a) Member contributions.
(1) Amount. Members of the plan shall make
regular contributions to the fund at a rate
equal to two (2) percent of their respective
earnings.
(2) Duration. The village shall pick-up, rather
than deduct from each member's pay, be-
ginning with the date of employment, two
(2) percent of the member's basic compen-
sation. The monies so picked-up shall be
deposited in the fund on a monthly basis.
An account record shall be maintained
continuously for each member. Pick-up
contributions shall continue until death,
disability or termination of service, which-
ever shall occur first. Contributions shall
remain in the fund unless withdrawn as
provided in the plan. No member shall
have the option to choose to receive the
contributed amounts directly instead of
having them paid by the village directly to
the plan. All such pick-up contributions
by the village shall be deemed and be
considered as part of the member's accu-
mulated contributions and subject to all
provisions of the plan pertaining to accu-
mulated contributions of members. The
intent of this provision is to comply with
Section 414(h)(2) of the Internal Revenue
Code. For paying Social Security taxes,
and for such other purposes except as
specified in this plan, the amount of em-
ployee contributions "picked-up" or paid
by the village will be added to the amount
distributed on a current basis in order to
determine total wages, salary, pay or com-
pensation. In the event that the employer
agrees to assume and pay member contri-
butions in lieu of direct contributions by
the member, such contributions shall ac-
cordingly be paid into the plan on behalf
of the members. No member subject to
such agreement shall have the option of
choosing to receive the contributed amounts
directly instead of having them paid by
the employer directly to the plan. All such
contributions by the employer shall be
deemed and considered as part of the
Supp. No. 46 159
§ 2-16~
member's accumulated contributions and
subject to all provisions of this plan per-
taining to accumulated contributions of
members. The intent of this language is to
comply with section 414(h)(2) of the Inter-
nal Revenue Code.
(3) Interest. Interest shall be credited to mem-
ber contributions as of September 30 of
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 June 30. The maximum rate for
any year shall be seven (7) percent and
the minimum rate shall be zero (0) per-
cent.
(4) 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 of benefits on his behalf
at least equal in total amount to his
accumulated contributions.
(b) State contributions. Any monies received or
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 fund 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 make contri-
butions to the fund in 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 for the
system. The total cost for any year shall be
defined as the total of normal cost plus the
additional amount sufficient to amortize the un-
funded actuarial liability in accordance with ap-
plicable laws of the State of Florida. The employer's
contribution shall be deposited on at least a
quarterly basis.
§ 2-16~
NOR'PH PALM BEACH CODE
(d) Forfeitures. Any forfeitures arising shall be
applied to reduce future contributions to the plan.
No forfeited amount shall be applied to change
benefit amounts for 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 (2)
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 four (4) 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 may succeed himself in office. The res-
ident member shall be a trustee for a term of four
(4) years unless he forfeits membership 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 expiring Apri130, 1999. The resident member
shall be appointed by the village council for a
two-year term commencing 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) members 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, or 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) Report 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
the system. The fiscal year for the keeping of
records and rendering reports shall be from Octo-
ber 1 through September 30.
(c) Board 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 a quo-
rum. Any and all acts and decisions shall be by at
least three (3) members of the board; however, no
trustee shall take part in any action in connection
with his or her own participation in the plan, and
no unfair discrimination shall be shown to any
individual participating in the plan.
(d) Power to bring and defend lawsuits. The
board shall be a legal entity with, in addition to
other powers and responsibilities contained herein,
the power to bring and defend lawsuits of every
kind, nature and description. The board shall be
independent of the village to the extent required
to accomplish the intent, requirements, and re-
sponsibilities provided for in this article and ap-
plicable law.
(Ord. No. 9-82, § 6, 6-10-82; Ord. No. 14-87, § 1,
9-10-87; Ord. No. 1-92, § 6, 2-13-92; Ord. No.
22-98, § 1, 9-24-98; Ord. No. 06-2002, § 3, 2-28-02;
Ord. No. 2006-04, § 1, 3-23-06; Ord. No. 2006-07,
§ 2, 3, 5-25-06; Ord. No. 2010-O1, § 5, 1-14-10)
Sec. 2-165. Prior service.
Unless otherwise prohibited by law, the years
or fractional parts of years that a member previ-
ously served as a firefighter, police officer or
public safety officer with the village during a
period of employment and for which accumulated
contributions were withdrawn from the fund, or
the years and fractional parts of years that a
member served as a firefighter, police officer or
public safety officer for this or any other munici-
pal, county, state or federal fire, police or public
safety department, or any time served in the
military service of the armed forces of the United
States, shall be added to the years of credited
service provided that:
(1) The member contributes to the fund the
sum that would have been contributed,
based on the member's salary and the
employee contribution rate in effect at the
time that the credited service is re-
Supp. No. 46 160
ADMINIS'PRA'PION
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 such that the crediting of service
does not result in any cost to the fund plus
payment of costs for all professional ser-
vices rendered to the board in connection
with the purchase of years of credited
service.
(2) Payment by the member of the required
amount may be made within six (6) months
of the request for credit and in one lump
sum 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 some or all years of service. No
credit shall be given for any service until
all years of service which are to be repur-
chased, have been repurchased.
(3) The credit purchased under this section
shall count for all purposes, except vest-
mg.
(4) In no event, however, may 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 or pension from another
retirement system or plan.
(5) If a member 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. 2-2003, § 1, 1-23-03; Ord. No. 2010-O1,
§ 6, 1-14-10)
Editor's note-Prior to amendment section 7 of Ord. No.
1-92, adopted Feb. 13, 1992, repealed former § 2-165, relative
to additional rules and regulations, which derived from Ord.
No. 9-82, § 7, adopted June 10, 1982.
§ 2-166
Sec. 2-166. Board of trustees-Power and au-
thority.
The board shall be the administrator of the
system and, as such, it shall be solely responsible
for administering the pension fund. The board
shall have the power and authority:
(1) To invest and reinvest the monies of the
fund and to hold, purchase, sell, assign,
transfer, and dispose of any securities and
investments held in the fund, including
the power and authority to employ coun-
seling or investment management ser-
vices. The aim of the investment policies
shall be to preserve the integrity and
security of fund principal, to maintain a
balanced investment portfolio, to main-
tain and enhance the value of the fund
principal, and to secure the maximum
total return on investments that is conso-
nant with safety of principal, provided
that such investments and reinvest-
ments shall be limited only by the invest-
ments permitted by the investment policy
guidelines adopted by the board in accor-
dance with Florida law. Further, notwith-
standing the foregoing, investments in
foreign investments are limited in accor-
dance with F.S. §§ 175.071(1) and
185.06(1)(b)4. The board must discharge
these duties with respect to the plan solely
in the interest of the participants and
beneficiaries and (i) for the exclusive pur-
pose of providing benefits to participants
and their beneficiaries and defraying rea-
sonable expenses of administering the plan;
(ii) with the care, skill, prudence, and
diligence under the circumstances then
prevailing that a prudent person acting in
a like capacity and familiar with such
matters would use in the conduct of an
enterprise of a like character and with
like aims; and (iii) by diversifying the
investments of the plan so as to minimize
the risk of large losses, unless under the
circumstances it is clearly prudent not to
do so.
Notwithstanding anything else in this sub-
section and as provided in F.S. § 215.473,
the board of trustees must identify and
Supp. No. 46 161
§ 2-166
(2)
(3)
NOR'PH PALM BEACH CODE
publicly report any direct or indirect hold-
ings it may have in any scrutinized com-
pany, as defined in that section. Begin-
ning January 1, 2010, the board must
proceed to sell, redeem, divest, or with-
draw all publicly traded securities it may
have directly in that company. The dives-
titure of any such security must be com-
pleted by September 10, 2010. The board
and its named officers or investment ad-
visors may not be deemed to have breached
their fiduciary duty in any action taken to
dispose of any such security, and the board
shall have satisfactorily discharged the
fiduciary duties of loyalty, prudence, and
sole and exclusive benefit to the partici-
pants of the pension fund and their ben-
eficiaries if the actions it takes are consis-
tent with the duties imposed by F.S.
§ 215.473, as provided for by F.S.
§§ 175.071(8) and 185.06(7) and the man-
ner of the disposition, if any, is reasonable
as to the means chosen. For purposes of
determining which companies are scruti-
nized companies, the board may utilize
the list of scrutinized companies as devel-
oped by the Florida State Board ofAdmin-
istration. No person may bring any civil,
criminal, or administrative action against
the board of trustees or any employee,
officer, director, or advisor of such pension
fund based upon the divestiture of any
security pursuant to this subsection.
To issue drafts upon the pension 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 the 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 from the pension fund.
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 fund.
(5) To keep a complete record of all receipts
and disbursements and of the board's acts
and proceedings.
(6) To recommend an increase or decrease in
the benefits payable hereunder, through
the adaption 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 retain, at least once 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-
per 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-O1; Ord. No. 2007-17, § 2,
10-25-07; Ord. No. 2010-O1, § 7, 1-14-10)
Sec. 2-167. Tax on insurers.
(a) There is hereby levied and imposed an
excise tax upon every insurance company, corpo-
ration or other insurer insuring loss against 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, Florida Statutes,
multiplied by the gross receipts of premiums from
holders of insurance policies of casualty insur-
ance. All such policies shall be upon property
within the corporate limits of the village. Such
Supp. No. 46 162
ADMINIS'PRA'P10N
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)
Editor's note-Section 9 of Ord. No. 1-92, adopted Feb.
13, 1992, repealed former § 2-167, and § 10 of the ordinance
enacted a new § 2-167 in lieu thereof. 'Phe repealed provisions
pertained to oaths of office, meetings and quorums of the
board, and derived from Ord. No. 9-82, § 9, adopted June 10,
1982.
Sec. 2-168. Repeal or termination of plan.
(a) This plan and subsequent amendments per-
taining to said plan, may be 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-
ting 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.
(b) Upon termination of the plan by the village
for any reason, or because of a transfer, merger, or
consolidation of governmental units, services, or
functions as provided in chapter 121, or upon
written notice to the board of trustees by the
village that contributions under the plan are
being permanently discontinued, the rights of all
employees to benefits accrued to the date of such
termination or discontinuance and the amounts
credited to the employees' accounts are nonforfeit-
able. The fund shall be distributed in accordance
with the following procedures:
(1) The board of trustees shall determine the
date of distribution and the asset value
required to fund all the nonforfeitable
benefits, after taking into account the
expenses of such distribution. The board
shall inform the village if additional as-
sets are required, in which event the
village shall continue to financially sup-
port the plan until all nonforfeitable ben-
efits have been funded.
§ 2-168
(2) The board of trustees shall determine the
method of distribution of the asset value,
whether distribution shall be by payment
in cash, by the maintenance of another or
substituted trust fund, by the purchase of
insured annuities, or otherwise, for each
police officer and firefighter entitled to
benefits under the plan, as specified in
subsection (3).
(3) The board of trustees shall distribute the
asset value as of the date of termination
in the manner set forth in this subsection,
on the basis that the amount required to
provide any given retirement income is
the actuarially computed single-sum value
of such retirement income, except that if
the method of distribution determined
under subsection (2) involves the pur-
chase of an insured annuity, the amount
required to provide the given retirement
income is the single premium payable for
such annuity. The actuarial single-sum
value may not be less than the employee's
accumulated contributions to the plan,
with interest if provided by the plan, less
the value of any plan benefits previously
paid to the employee.
(4) If there is asset value remaining after the
full distribution specified in subsection
(3), and after payment of any expenses
incurred with such distribution, such ex-
cess shall be returned to the village, less
return to the state of the state's contribu-
tions, provided that, if the excess is less
than the total contributions made by the
village and the state to date of termina-
tion of the plan, such excess shall be
divided proportionately to the total con-
tributions made by the village and the
state.
(5) The board of trustees shall distribute, in
accordance with the manner of distribu-
tion determined under subsection (2), the
amounts determined under subsection (3).
(Ord. No. 9-82, § 10, 6-10-82; Ord. No. 20-82, § 2,
11-18-82; Ord. No. 1-92, § 11, 2-13-92; Ord. No.
2010-O1, § 8, 1-14-10)
Supp. No. 46 162.1
§ 2-169
Sec. 2-169. Miscellaneous.
NOR'PH PALM BEACH CODE
(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,
provided, however:
(1) The board shall honor court income de-
duction orders for the payment of alimony
or child support in accordance with rules
and procedures adopted by the board of
trustees; or
(2) Upon written request by the retiree, the
board of trustees may authorize the Plan
administrator to withhold from the monthly
retirement payment funds necessary to:
a. Pay for benefits being received
through the village;
b. Pay the certified bargaining agent;
or
c. To pay for premiums for accident
health and long-term care insurance
for the retiree's spouse and
dependants. A retirement plan does
not incur liability for participation
in this permissive program if its ac-
tions are taken in good faith pursu-
ant to F.S. §§ 175.061(7) and
185.05(6).
(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 under 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 or committee of such person, make such
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 so made shall be a complete dis-
charge of any liability under the plan for such
payment.
(e) Number and gender: When appropriate the
singular in this plan shall include the plural and
vice versa, and the masculine shall include the
feminine and vice versa.
(f) False or misleading statements made to
obtain retirement benefits prohibited.
(1) 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,
fraudulent, or misleading oral or written
statement or withhold or conceal material
information to obtain any benefit under
this plan.
(2) a. Aperson who violates subsection (f7(1)
of this section commits a misde-
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 (f7(2)b., "conviction" means
a determination of guilt that is the
result 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; Ord. No.
2010-O1, § 9, 1-14-10)
Supp. No. 46 162.2
ADMINIS'PRA'PION
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 distributes, except that an
eligible 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
distributes or the joint lives (or joint life
expectancies of the distributes and the
distributee's designated beneficiary, or for
a specified period of ten (10) years or
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 Code, 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.
~~' 2-170.4
(D) Distributes: A distributes includes an em-
ployee or former employee. In addition,
the employee's or former employee's sur-
viving spouse is a distributes 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 distributes.
(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-
vice.
(Ord. No. 16-91, § 1, 4-11-91)
Sec. 2-170.1. Name of sponsor.
The name of the sponsor shall be the Village of
North Palm Beach.
(Ord. No. 16-91, § 2, 4-11-91)
Sec. 2-170.2. Name of plan.
The name of the plan shall be "length of service
award plan for volunteer firefighters."
(Ord. No. 16-91, § 3, 4-11-91)
Sec. 2-170.3. Effective date of plan.
The effective date of the plan shall be May 1,
1990.
(Ord. No. 16-91, § 4, 4-11-91)
Sec. 2-170.4. Eligibility to enter plan.
Members, as defined herein, means volunteer
firefighters duly recognized and enrolled as vol-
*Editor's note-Ordinance No. 16-91, adopted April 11,
1991, did not specifically amend this Code; hence, inclusion of
§§ 1 12 as Art. V, Div. 5, §§ 2-170.01 2-170.11, was at the
discretion of the editor.
Cross reference-Fire division, § 12-29 et seq.
Supp. No. 46 162.3
§ 2-170.4 NOR'PH PALM BEACH CODE
unteer firefighters with the village. All members Sec. 2-170.7. Preretirement death benefit.
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
benefit:
(3) Completed one (1) year of active service
with the sponsor.
(4) Completed the sponsor's required proba-
tionary period.
(Ord. No. 16-91, § 5, 4-11-91)
Sec. 2-170.5. Entitlement age.
The entitlement age is the age that members
will begin receiving their monthly retirement
benefit. Age sixty-five (65) with one (1) year of
plan participation is generally utilized; however,
service and participation requirements may be
included. Entitlement age is sixty (60) with one
(1) year of plan participation.
(Ord. No. 16-91, § 6, 4-11-91)
Sec. 2-170.6. Benefit formula.
[The benefit formula shall be as follows:]
(1) Past service (before the plan began). Ten
dollars ($10.00) per month for year of past
service for currently enrolled members of
the volunteer firefighters. Eight (8) is the
maximum years of past service for which
a member may receive credit.
(2) Future service (after plan begins). Ten
dollars ($10.00) per month for each year of
future service.
(3) Maximum monthly benefit. The maxi-
mum monthly benefit a member can re-
ceive at the entitlement age is three hun-
dred dollars ($300.00).
(4) Minimum monthly benefit. The minimum
monthly benefit a member can receive if
the member remains active in the plan
until the designated entitlement age is
fifty dollars ($50.00).
(Ord. No. 16-91, § 7, 4-11-91)
(1) Face amount of the life insurance, thirty
thousand dollars ($30,000.00).
(2) Payment mode, annual.
(Ord. No. 16-91, § 8, 4-11-91)
Sec. 2-170.8. Vesting provisions.
The vesting is based on years of credited ser-
vice and the following schedule:
Years of Service Vested Percentage
Less than 4 0
4 40
5 50
6 60
7 70
8 80
9 90
Ten (10) or more 100
(Ord. No. 16-91, § 9, 4-11-91)
Supp. No. 46 162.4
BOA'PS, DOCKS AND wA'PERWAYS
ARTICLE I. IN GENERAL
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.
Live-aboard boat or vessel means: (a) any boat
or vessel used solely as a residence and not for
navigation; (b) any boat or vessel represented as a
place of business or a professional or other com-
mercial enterprise; or (c) any boat or vessel for
which a declaration of domicile has been filed
pursuant to F.S. § 222.17. A commercial fishing
boat is expressly excluded from this definition.
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
Code 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 on 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;
Ord. No. 2010-03, § 2, 1-28-10)
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
§ 5-5
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.
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 Earman River and the
North Palm Beach Waterway.
(Code 1970, § 11-44)
Sec. 5-4. Exhibition boats exempted 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-
quately patrolled 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
Supp. No. 46 321
J-J
NOR'PH PALM BEACH CODE
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-
noy or frighten or endanger the occupants of any
other boat, or throw up a dangerous wake when
approaching another boat.
(Code 1970, § 11-51; Ord. No. 212-70, § 11)
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-S. 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, § 11-57; 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
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, § 11-58; Ord. No. 212-70, § 18)
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.
No 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, § 11-60; Ord. No. 212-70, § 20)
Sec. 5-15. Living aboard boats restricted.
Living aboard boats in commercial wet storage
marinas is permitted; provided, further, that, the
Supp. No. 46 322
BOA'PS, DOCKS AND WA'PERWAYS
following regulations apply to commercial wet
storage marinas where persons live aboard boats:
(1) Not 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 for 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
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-
§ 5-19
(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. Mooring limitations in lagoons
(private docks).
Excluding lagoon end situations, for properties
fronting lagoons, no vessel that is moored shall
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-O1, § 1, 1-26-06)
ronmental regulation.
(2) 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 so as to cause any pollu-
tion, damage or debris to any waters.
(3) 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 docked 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 com-
munity 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.
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-O1, § 3, 1-26-06)
Sec. 5-18. Reserved.
Editor's note-Ord. No. 2010-03, § 3, adopted Jan. 28,
2010, repealed § 5-18, which pertained to limitation on an-
choring and mooring in prohibited area; mooring permit
required, and derived from Ord. No. 12-98, § 2, adopted April
23, 1998; Ord. No. 2006-O1, §§ 2, 3, adopted Jan. 26, 2006.
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
Supp. No. 46 323
§ 5-19
NOR'PH PALM BEACH CODE
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. 2006-O1,
§ 3, 1-26-06)
Sec. 5-20. Same-Owner to be notified upon
impoundment.
Whenever any vessel is taken into custody and
impounded 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) hours 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. 2006-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 for 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 taken 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 marine 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 impounded vessel for the
purpose of storage. Such notice 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. 2006-O1,
§ 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 the 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 describe 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 (10) 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,
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
Supp. No. 46 324
BOA'PS, DOCKS AND WA'PERWAYS
(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-O1,
§ 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-
penses incurred 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 upended 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
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. No. 12-98, § 8, 4-23-98; Ord. No. 2006-O1,
§ 3, 1-26-06)
Sec. 5-25. Occupancy of live aboard boats or
vessels in village waterways.
It shall be unlawful of any person to occupy a
live aboard boat or vessel in any waterway except
as specifically authorized by this article.
(Ord. No. 12-98, § 9, 4-23-98; Ord. No. 2006-O1,
§ 3, 1-26-06; Ord. No. 2010-03, § 4, 1-28-10)
Sec. 5-26. Fueling of marine craft.
J-JJ
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)
ARTICLE II. BOAT LAUNCHING AREA
Secs. 5-27-5-32. Reserved.
Sec. 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 of Anchorage 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)
Sec. 5-34. Repairs prohibited.
No repair work upon boats, boat trailers or
other boating equipment shall be permitted at the
village boat launching area with the exception of
minor repairs or adjustments essentially neces-
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-
Supp. No. 46 325
§ 5-35 NOR'PH PALM BEACH CODE
mit therefore has been secured from the village ARTICLE III. CONSTRUCTION
manager or his designee. Such permits shall be REQUIREMENTS*
issued upon such reasonable regulations and upon
such cost as shall be determined, from time to DIVISION 1. GENERALLY
time, by the village council.
(Code 1970, § 11-13; Ord. No. 2006-08, § 2, 6-8-06)
Secs. 5-49-5-55. Reserved.
Sec. 5-36. Abandoned boats and equipment-
Disposition.
DIVISION 2. CANALS
(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 or 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
village the proceeds of the sale, less 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 or 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.
Sec. 5-56. Compliance with division re-
quired.
All canals for navigation and/or drainage pur-
poses to be dug or 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.
(Code 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.
(b) All canals to be constructed in areas pro-
posed to be platted 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 canal.
(Code 1970, § 11-24)
Cross reference-'Coning, App. C.
Sec. 5-58. Navigation canals.
Canals which may be used for navigation shall
have a minimum width of eighty (80) feet face to
*Cross references-Buildings and building regulations,
Ch. 6; coastal construction code, § 6-151 et seq.
Supp. No. 46 326
BOA'PS, DOCKS AND WA'PERWAYS
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 cross 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. 46 326.1
BUILDINGS AND BUILDING REGULA'PIONS
Sign structure. Any construction used or
designed to support a sign.
Street. A public or private right-of--way for
vehicular traffic, including highways, thorough-
fares, lanes, roads, ways, and boulevards.
Temporary sign. A sign which is intended to
advertise community events, civic projects, po-
litical candidacy, political issues, real estate for
sale or 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 or 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 for 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 Code that a permit be ob-
tained for 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.
Supp. No. 46 398,9
§ 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 6-116(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 Palm
Beach.
(D) Legal notices 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 no earlier than four (4)
weeks prior to the subject holiday with
the exception of the Christmas/Hanukkah
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.
§ 6-112
NOR'PH PALM 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 or
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
similar hazards.
(L) Signs carried by a person.
(M) Religious displays.
(N) 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
located within the parcel holding a
valid village business tax receipt.
(3) No banner may exceed thirty-two
(32) square feet in overall surface
area or ten (10) feet in height or
width. The materials used for the
banner must conform to industry
standards.
(4) Each banner must be located en-
tirely against the principal 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-O1; Ord. No. 2009-02, § 3, 1-22-09; Ord.
No. 2010-02, § 2, 1-28-10)
Sec. 6-113. Prohibited signs.
(A) Generally. 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:
(1) Signs that are in violation of the building
code or electrical code adopted by the
village.
(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 movement 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, streamers or
captive balloons, or other objects or mate-
rial fastened in such a manner as to move
upon being subjected to pressure by wind.
Supp. No. 46 398.10
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
1.01 27-31 175.071(8) 2-166
1.01 et seq. 1-2 175.101 26-17
ch. 22F App. B, Art. II, 175.333 2-162
§ 36-10 ch. 177 App. B, Art. I,
ch. 39 App. C, § 45-2 § 36-2
Ch. 50 2-181 App. B, Art. II,
50.041 2-181 § 36-8
50.051 2-181 App. B, Art. II,
55.03 29-5(a) § 36-15
ch. 98 Ch. 10 App. B, Art. IV,
101.657 10-7 § 36-27
112.181 2-161(e)(9) ch. 185 2-167
161.55(1)(d) 6-156 185.05(6) 2-169
161.041 6-153 185.06(1)(b) 2-166
161.053 6-154 185.06(7) 2-166
162.12(2) 2-180 185.08 26-16
ch. 163 12.5-1 202.195 29-8(m)
21-1 203.012 26-51, 29-3
21-ll 29-5(b)
21-43, 21-44 203.012(5)(b) 26-51
App. B, Art. I, ch. 205 Ch. 17, Art. II
§ 36-2, App. B, Art. 205.043(2),
I, § 36-4 205.043(3) 17-24, 17-25
App. B, Art. II, 205.053 17-20
§ 36-16 205.192 17-22
App. B, Art. VI 210.03 17-33
163.01 2-4(f7 ch. 212 26-53
163.161 et seq. 21-O1 215.473 2-166
ch. 163.170, App. B, Art. II, 222.17 5-1
§163.3164(17) § 36-10 ch. 252 Ch. 8
163.225(3)(x) (c) 5-86 8-4(x)(2)
163.295 6-150 252.38 et seq. 8-6
163.3161 et seq. Ch. 21, Art. II 253.125 7-19
163.3177 21-44 280.02 2-4(f7
163.3178 6-155 286.011 2-1
21-44 Ch. 316 18-20
163.3180(12) 21-48 316.008 Ch. l8
ch. 166 6-16 316.272 19-117
Ch. 24 316.293 19-117
Ord. No. 2478 § 3 316.1955, 316.1956 18-37
166.021 Ch. 17, Art. II 320.01(1) 14-37
166.221 17-34 ch. 327 Ch.5
166.231 Ch. 26, Art. III 327.02 5-33
ch. 170 21-2 335.065 App. B, Art. IV,
170.01 Ch. 24 § 36-29.1
ch. 175 2-167 337.29 29-2
175.061((7) 2-169 337.401 29-2, 29-3
175.071(1) 2-166 29-5(a), (e)
Supp. No. 46 2819
NOR'PH PALM BEACH CODE
Section Section
Section this Code Section this Code
29-6(a) 870.041 8-21
337.401(3) 28-3 870.44 8-22
337.403,337.404 29-7 870.45 8-22
342.03 Ch.5 872.05 2-104
362.01 29-2 943.10(6) 2-159
364.02 29-3 943.10(8) 2-159
ch. 373 19-200 943.14 2-159
ch. 380 21-44 943.25(13) 1-9
App. B, Art. II,
§ 36-10
380.04 21-103
393 App. C, § 45-2
ch. 394 App. C, § 45-2
ch. 400 App. C, § 45-2
ch. 401 11.5-21
ch. 402 App. C, § 45-2
App. C, § 45-34.1
402.302(4),
402.302(5) 17-33
413.08 4-27(d)
ch. 419 17-33
App. C, § 45-2
471.003 29-8(c)(1)
ch. 472 App. B, Art. I,
§ 36-6
ch. 480 App. C, § 45-2
ch. 495 1-10
ch. 553 6-16
553.73 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(B
2-255
794.011 19-31
800.04 19-31
827.071 19-31
ch. 847 App. C, § 45-20
847.0145 19-31
('Phe next page is 28691
Supp. No. 46 2820
CODE COMYARA'P1VE 'FABLE
Adoption Section
Ord. No. Date Section this Code
8 19-221
9 29-5(a)
10 App. C, § 45-20(9),
(10)
11 App. C, § 45-36 Q(5)
2007- 01 1-11-07 2 Added 21-48
2007- 03 2- 8-07 2 6-17
2007- 10 4-12-07 1 2-52(a)
2 2-54(3)
2007- 13 7-12-07 1, 2 2-1
2007- 16 10-25-07 2 Added App. C, § 45-16.1
2007- 17 10-25-07 2 Added 2-166(1)d.
2007- 19 12-13-07 2,7 18-34
3 2-173
2007- 20 12-13-07 2 Rpld 9-16 9-21
3 9-16 9-19
2007- 21 12-13-07 2 14-30(2)
2008- O1 1-10-08 2 6-ll5(F)
2008- 02 1-10-08 2 2-148
2008- 03 1-24-08 2 10-5
Dltd 10-6 10-8
Ruud 10-9
as 10-6
Dltd 10-10
Ruud 10-13
as 10-7
4 Rpld 10-58 10-64
3 10-76
Rpld 10-77
2008- 04 1-24-08 2 5-83
5-85
2008- 06 2-28-08 2 Added 19-11
2008- 07 4-10-08 2 36-23
2008- 09 8-28-08 App. D
2008- 15 10-23-08 2 Rpld 14-37 14-52
3 Rpld 14-79 14-83
Added 14-79 14-83
2008- 16 10-23-08 2 14-30
2008- 17 11-13-08 2 2-4
2008- 18 11-13-08 2 5 2-159 2-162
2009- 01 1- 8-09 2 Added 14-31
2009- 02 1-22-09 2, 3 6-111, 6-112
4 6-114
6 6-115
2009- 03 1-22-09 2 9-17(a)
2009- 04 4-23-09 2 App. C, § 45-2
3 App. C, § 45-19 D.
4 App. C, § 45-27 A.l.
Added App. C, § 45-27 F.
2009- 05 5-14-09 2 Added 15-ll 15-18
2009- 006 6-11-09 2 4-27, 4-28
4-31, 4-32
2009- 07 7-23-09 2 17-33
2009- 09 7-23-09 2 14-79
2009- 11 9-10-2009 2 Added 2-251 2-256
2009- 15 9-24-2009 2 12-16, 12-17
Added 12-18
Supp. No. 46 2891
NOR'PH PALM BEACH CODE
Ord. No.
2009-16
2010-01
2010-02
2010-03
Adoption Section
Date Section this Code
11-12-09 2 21-~
3 5-86
4 6-lll(E)(3), (4)
5 21-21(g)
6 App. C, § 45-35.1.VII
7 App. C, §§ 45-49,
45-50
1-14-10 2 2-159
3 2-161(e)(10)c.
4 2-162
5 2-164(x)
6, 7 2-165, 2-166
8, 9 2-168, 2-169
1-28-10 2 Dltd 6-ll2(L)
Rnbd 6-ll2(M) (O)
as (L) (N)
1-28-10 2 5-1
3 Rpld 5-18
4 5-25
('Phe next page is 29331
Supp. No. 46 2892
CODE INDEX
Section Section
BLOCKS BOA'PS, DOCKS AND WA'PERWAYS (Cont'd.)
Subdivision desi~,m standards ............ 36-18 Surety bond prerequisite to issuance
of building permit in certain
BOARDS, COMMPP'PEES AND COMMIS- cases ......................... 5-61
SIONS. See: DEYAR'PMENPS AND Docks and piers
O'PHER AGENCIES OF VILLAGE Construction in waters other than
Lake Worth and Atlantic Ocean,
BOA'PS, DOCKS AND WA'PERWAYS
regulations governing ......... 5-84
Abandoned boats
....................... 5-8
Definitions ........................ 5-81
Abatement of public nuisances on pri- Generall
y ......................... '"-
~ 82
vate property ................... 14-79 et seq.
Lake Worth and Atlantic Ocean, reg-
Anchoring and mooring ulations governing construction
Mooring limitations in lagoons (private
docks) ...................
.......
'"
~-16 m ............................
Minimum desi~,m requirements...... 5-85
5-83
Unlawfully anchored or moored vessels
Variances .........................
5-86
Claiming of vessel by owner; payment
Erosion control structures
of costs ....................... ~-2J Construction
......................
5-95
Department of public safety to im-
Control ...........................
5-96
pound ........................ 5-19 Definitions ........................ 5-93
Owner to be notified upon impound-
Yermitted, when ..... ............
5-94
went ......................... 5-20 Piers. See within this subheading: Docks
Procedure in event owner cannot be and Piers
found ...............
......... '"
~-21
Seawalls. See within this subheading:
Reclamation of owner after sale..... 5-24 Bulkheads and Seawalls
Unclaimed vessel to be sold; certifica- Definitions ............................. 5-1
tion of sale ................... 5-22 Disturbing other boats .................. 5-6
Authority of city to board boats violating Exhibition boats exempted from certain
provisions ......................... 5-17 restrictions........................ 5-4
Boat launching area Flood damage prevention provisions...... 12.5-1 et seq.
Abandoned boats and equipment See: FLOOD DAIVIAGE YREVENPION
Disposition ........................ 5-36 Fueling of marine craft.................. 5-26
Recovery ..... .................. 5-37 Health and sanitation requirements
Dcsi~,mated use restricted ............. J-33 Cleanliness of docks .................. 5-11
Permits required Observance of village health and con-
Boats remaining for more that 24 duct rules ....................... 5-10
hours ........................ 5-35 Pollution of waterways................ 5-13
Repairs prohibited .................... 5-34 Refuse disposal....................... 5-12
Vehicle/trailerpcrking in desi~,mated ar- Live aboard boats
eas ............................. 5-35 Living aboard boats restricted......... 5-15
Violation; penalty .................... 5-38
Occupancy of in village waterways..... r_ r
~ 2~
Bulkhead lines ......................... 7-1 et seq. 1Vlarine sanctuaries
See: BULKHEAD LINES Desi~,mation of waters as marine sanctu-
Coastal construction code ................ 6-151 et seq. i
cr
es
See: COAS'PAL CONS'PRUC'PION CODE Area to be regulated ............... 5-101(c)
Code enforcement board, applicability re.. 2-173 Areas desi~,mated .................. 5-101(b)
Construction requirements Construction of provision ........... 5-101(d)
Bulkheads and seawalls Definition ......................... 5-101(x)
Compliance with provisions required 5-69 1Vlooring, docking, or beaching of boats on
Inspection required ................ 5-73 public or private property without
Yermitfee ......................... 5-72 permission ........................ 5-9
Specifications ...................... 5-71 Parking
Submission of plans and specifica- Boating equipment; parking on residen-
tions ......................... 5-70 tialproperty restricted........... 18-35
Canals Prohibited parking upon right-of-way of
Canal crossings .................... 5-60 specific roadways................ 18-34.1
Compliance with provisions required 5-56 Running engines, hours in residential dis-
Drainage canals ................... 5-59 tricts.............................. 5-14
General requirements .............. 5-57 Searchlights, use of ..................... 5-7
Navigation canals .................. 5-58 Speed limits; wakes ..................... 5-2
Supp. No. 46 2937
NOR'PH PALM BEACH CODE
Section Section
BOA'PS, DOCKS AND WA'PERWAYS (Cont'd.) BUILDINGS (Cont'd.)
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
Waterways board ....................... 5-102 et seq. Obstructing passageway................. 19-47
Outdoor displays. See herein: Signs and
BOIS'PEROUS CONDUC'P Outdoor Displays
Noisy and boisterous .................... 19-106 Yark and recreation facilities; erecting build-
BONDS ings or structures .................. 20-3
Administrative code; bonds required of ter- Public land, construction on prohibited ... 6-1
twin officers
....................... 2-42 Si~,ms and outdoors displays ............. 6-110 et seq.
Canal construction; surety bond prerequi- See: SIGNS AND BILLBOARDS
site to issuance of building permit... 5-61 Smoke, dust, odors, liquids, etc........... 19-9
Finance director, duties re ............... 2-59(7) Spitting in public places prohibited....... 19-5
Village manager ........................ 2-117 Stormwater management; level of finished
floor of structures .................. 21-63
BRUSH. See: WEEDS AND BRUSH Subdivision regulations ................. 36-1 et seq.
BUILDINGS See: SUBDIVISIONS (Appendix B)
Appearance code Swimming pools ........................ 25-1 et seq.
Appeals and review ................... 6-35 See: SWIMMING POOLS
Appearance plan ..................... 6-33 'Coning regulations...................... 45-1 et seq.
Certificate of appropriateness See: 'CONING (Appendix C)
Final hearings ..................... 6-57 BULKHEAD LINES
Follow-up by building inspector ..... 6-60 Code enforcement board, applicability re.. 2-173
Planning commission Established; desi~,mated ................. 7-1
Action of ........................ 6-58 Filling operation beyond bulkhead line pro-
Approval by ..................... 6-59 hibited............................ 7-2
Preliminary consideration .......... 6-56 Filling permit
Definition ............................ 6-31
Application fees ......................
7-19
Intent and purposes .................. 6-32 Application;issuance................. 7-18
Planning commission, powers and du- Expiration date; renewal; revocation... 7-20
ties re .......................... 6-36 Public hearing prerequisite to consider-
Shorttitle ........................... 6-30 ation ........................... 7-17
Appearance plan (Appendix A). See that Required ............................. 7-16
subject Unlawful fill; removal ................... 7-3
Coastal construction code ................ 6-151 et seq.
See: COAS'PAL CONS'PRUC'PION CODE BULKHEADS
Code enforcement board, applicability re.. 2-173 Bulkheads and seawalls, construction re-
Codes quirements re ..................... 5-69 et seq.
Appearance code. See herein that sub- See: BOA'PS, DOCKS AND WA'PER-
ject WAYS
Building code ........................ 6-17 BUSINESS REGULA'PIONS
Coastal construction code ............. 6-151 et seq. Ambulances ............................ 17-50, 17-51
Electrical code ....................... 11-ll, 11-12 Businesses located outside village limits
Energy efficiency building code ........ 6-150 Application for certificate of regulation. 17-34.2
Fire prevention code .................. 12-16 et seq. Certificate of business regulation re-
Housing code ......................... 15-1, 15-2 uired; basis of one err
q y'~ •......... 17-34
Country club ........................... 9-1 et seq. Commercial vehicles, marking of ...... 17-34.13
See: COUNPRY CLUB Compliance by principal deemed compli-
Electrical code .......................... 11-ll, 11-12 ante b ~ rent ...................
y ~ ~' 17-34.8
Energy efficiency building code Delinquency penalty .... ............. 17-34.4
Adopted by reference ................. 6-150 Doing business not covered by certifi
Flood damage prevention ................ 12.5-1 et seq. Cate of regulation................ 17.34-7
See: FLOOD DAIVIAGE YREVENPION Duplicate certificates of regulation..... 17-34.6
Housing code ........................... 15-1, 15-2 Duration............................. 17-34.3
Landscaping ............................ 27-31 et seq. False statements
See: LANDSCAPING Certificate obtained void ab initio ... 17-34.7
Minimum construction standards
Authority ............................ 6-16
Supp. No. 46 2938
CODE INDEX
FUZE PREDENpLON AND PRO'PEC'P1ON
(Cont'd.~
Emergency medical technician volun-
teers ...........................
Equipment
Acquisition ....................... .
Fire alarm system .................
Generally .........................
Housing .......................... .
Private use of equipment .......... .
'Pampering with equipment ........ .
Impersonating fireman .............. .
Motor equipment and members' cars des-
i~,mated emergency vehicles ..... .
Personnel
Badges ........................... .
Car insi~,mia ...................... .
Other officers accountable to chief.. .
Police assistance ...................
Special police powers .............. .
Volunteer firefighters, length of service
award plan for ................. .
See: PENSIONS AND RE'PIREMENP
Florida fire prevention code
Adopted by reference .................
Annual fire inspection and establish-
ment of fee schedule ............ .
Review of construction plans and fire
suppression, detection and alarm
systems and establishment of fee
schedule ........................
Hazardous substances, cost recovery for
cleanup, abatement and removal of
Authority of public safety department. .
Cost reimbursement to village........ .
Definitions .......................... .
Exceptions for fire suppression services
Late fee for failure to reimbursement . .
Records ..............................
Remedies ............................
Pension and certain other benefits for fire
and police employees .............. .
See: PENSIONS AND RE'PIREMENP
FIREARMS AND WEAPONS
Concealed weapons, carrying ............
Forfeiture; disposition ...................
Possession ..............................
Sales PestPlCted
Record of sales required ............. .
Specified weapons, display and sale of .
Switchblade knives prohibited........ .
Stench bombs prohibited ................
See: S'PENCH BOIVIBS
FLOOD DAIVLAGE YREVENPION
Abrogation and greater restrictions ..... .
Areas of special flood hazard
Basis for establishment .............. .
Warnings regarding designations ..... .
Section Section
FLOOD DAIVLAGE PREDENpLON (Cont'd.~
Building official
Desi~,mated as flood damage control ad-
12-32 ministrator ..................... 12.5-21
Duties and responsibilities ............ 12.5-23
12-52 Definitions ............................. 12.5-5
12-53 Development permit
12-51 Required ............................. 12.5-22
12-54 Findings of fact ......................... 12.5-2
12-55 Flood hazard reduction provisions
12-56 Coastal high hazard areas ............ 12.5-44
19-8 General standards
Anchoring ......................... 12.5-41(1)
12-31 Construction materials and methods 12.5-41(2)
Enclosures below lowest floor ....... 12.5-41(6)
12-41 Mechanical and utility equipment... 12.5-41(5)
12-42 Subdivision proposals .............. 12.5-41(4)
12-39 Utilities ........................... 12.5-41(3)
12-43 Regulatory floodways ................. 12.5-43
12-40 Sand dunes and mangrove stands ..... 12.5-45
Specific standards
2-170 et seq. Nonresidential construction......... 12.5-42(2)
Residential construction............ 12.5-42(1)
Interpretation .......................... 12.5-9
12-16 Lands to which provisions applies........ 12.5-6
Methods of reducing flood losses ......... 12.5-4
12-17 Noncompliance, penalties for ............ 12.5-11
Statement of purpose and objectives...... 12.5-3
Statutory authorization ................. 12.5-1
Variance procedure ..................... 12.5-24
12-18 FLORIDA, S'PA'DE OF. See: S'PA'DE
FOLLOWING, PRECEDING
12-102 Definitions and rules of construction ..... 1-2
12-103
FOOD AND FOOD YREYARA'PION
12-101
Barbecue grills and similar cooking devices 19-10
12-105
12-106 FORFEITURES. See: FINES, FORFEITURES
12-104 AND O'PHER YENAL'PIES
12-107
FOWL. See: ANIMALS AND FOWL
2-159 et seq. FRANCHISES
Enumerated. See Appendix D
Use of rights-of-way for utilities.......... 28-1 et seq.
See: U'PILI'PIES
19-184
19-186
19-183 G
GAIVIBLING
19-185(c)
Animals, causing to fight ................
4-8
19-185(b)
19-185(a) GARAGE AND O'PHER SALES
19-82 Garage sales ........................... 17-61
Permit required ........................ 17-62
Violations and penalties ................. 17-63
12.5-8 GARBAGE AND 'PRASH
Abatement of public nuisances on private
12.5-7 property ........................... 14-79 et seq.
12.6-10 See: NUISANCES
Supp. No. 46 2943
NORTH PALM BEACH CODE
GARBAGE AND 'PRASH (Cont'c1.~
Boats; refuse disposal .................. .
Garbage collection and disposal
Charges
Commercial use property waste dis-
posal fees 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 .... .
GOLF ADVISORY BOARD
Composition and terms ................. .
Composition ........................ .
Officers ..............................
'Perms ...............................
Creation ...............................
Duties .................................
Meetings ...............................
GUNS. See: FIREARMS AND WEAPONS
H
HANDBILLS
Distribution restricted ..................
HANDGUNS. See: FIREARMS AND WEAP-
ONS
HANDICAPPED PERSONS. See: DISABLED
AND HANDICAPPED PERSONS
Section
HEAIIPH AND SANPPA'PLON (Cont'd.)
5-12 Boats, docks, etc., provisions re ......... .
See: BOA'PS, DOCKS AND WA'PER-
WAYS
Code enforcement board, applicability re. .
Garbage and trash ......................
14-30 See: GARBAGE AND 'PRASH
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
14-26
HEDGES. See: FENCES, WALLS, HEDGES
14-25 AND ENCLOSURES
14-24 HITCHHIKING
27-41 Prohibitions ............................
2-85(2) HOME OCGUYA'PIONS
Customer service requirements and perfor-
mance standards ...................
Definitions ............................ .
Effective date ...........................
1-2 Local business tax. See also that subject
Generally ............................
9.1~ Home occupation provisions
9-17(a) Affidavit of applicant required ..... .
9-17(c) Appeals ...........................
9-17(b) Requirement of business tax receipt.
9-16 Permitted uses, home occupations as .... .
9_1g Repeal of ordinances ....................
9-18 Standards ..............................
Violation of standards or conditions deemed
a Code violation .................. .
19-7
HALARDOUS SUBSTANCES
Recovery of costs for cleanup, abatement
and removal ....................... 12-101 et seq.
See: FIRE YREVEN'PION AND YRO-
'PEC'PION
HEALTH AND SANI'PA'PION
Abatement of public nuisances on private
property ........................... 14-79 et seq.
See: NUISANCES
Animals and fowl, provisions re.......... 4-Ll et seq.
See: ANIMALS AND FOWL
Bathing regulations
Diseased persons prohibited from bath-
ing in public pool, etc............ 19-3
HORNS
Noise control ...........................
HOUSING
Abandoned real property ............... .
See: YROYER'PY
Boats, docks and waterways
Live aboard boats ....................
HOUSING CODE
Adopted by reference ....................
Amendments .......................... .
Code enforcement board, applicability re. .
I
IMYERSONA'PION
Impersonating police officer; fireman or
other village official ............... .
IMYOUNDMEN'P
Boats, docks and waterways; unlawfully
anchored or moored vessels
Department of public safety to im-
pound ........................
Owner to be notified upon impound-
ment .........................
Section
5-10 et seq.
2-17~
14-2~ et seq.
20-2
4-42 et seq.
19-6
17-2
17-3(b)
17-5(i)
17-16 et seq.
17-te(e)
17-3(g)
17-3(c)
17-3(a)
17-3(h)
17-3(d)
17-3(f)
19-10~
15-11 et seq.
5-15, 5-25
15-1
15-2
2-17~
19-8
5-19
5-20, 5-21
Supp. No. 46 2944
CODE INDEX
Section Section
IMYOUNDMENf (Cont'd.) LANDSCAPING (Cont'd.)
Dogs and cats .......................... 4-30 Plant material
Ground covers ..................... 27-62(e)
INDECENCY AND OBSCENPPY Lawn grass ........................ 27-62(f)
Adult entertainment establishments Quality ........................... 27-62(a)
'Coning regulations re. See: 'CONING (Ap- Shrubs and hedges ................. 27-62(c)
pendix C) 'lee species ....................... 27-62(b)
Alcoholic beverage establishments; nudity, Vines ............................. 27-62(d)
partial nudity, sexual conduct prohib Required landscaping adjacent to public
ited ............................... ~-4
fights-of-way ....................
27-63
'fogless costumes ....................... 19-64 Scope, a>>licabilit
r rr y ................... 27-59
Vulgar language ........................ 19-65 Sight distance adjacent to public rights-
Window peeping ........................ 19-66 of-way and points of access....... 27-66
INSURANCE EXCISE 'FAXES 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
INPRACOAS'fAL WATERWAY Definitions ............................. 27-31
Marine sanctuary, desi~,mation as ........ 5-101 Improved nonresidential properties in ex-
istence on September 23, 1971
IXVES'fMENPS Applicable requirements .............. 27-40(b)
Investment policy of the village .......... 2-4 Exceptions ........................... 27-40(c)
Objectives ........................... 27-40(a)
J Planning commission, submission ofplans
to .............................. 27-40(d)
JOINT AU'fHORPPY Objectives .............................. 27-32
Definitions and rules of construction ..... 1-2 Off-street parking landscape manual ..... 27-38
Plot use plan approval prerequisite to issu-
K ante of permits for building and pav-
ulg ................................ 27-37
KNIVES. See: FIREARMS AND WEAPONS Refuse container areas .................. 27-41
Scope; applicability ..................... 27-34
I, 'Coning ordinance, conflict with........... 27-39
LAKE WORTH LIBRARY
1Vlarine sanctuary, desi~,mation as ........ 5-101 Damaging property unlawful ............ 16-1
Regulations governing construction of docks, Department of library
piers in Lake Worth and Atlantic
Llbrarlan ............................
2-93
Ocean ............................. 5-85 Library board
Appointment ......................... 16-17
LAND Compensation, service without ........ 16-20
Buildings; construction on public land pro- Composition ......................... 16-17
hibited ............................ 6-1
Established ..........................
16-16
Planning and development .............. 21-O1 et seq. 1Vleetin rs 16-23
See: YLANNINGAND DEVELOYIV1ENf Organization ......................... 16-21
Subdivision regulations ................. 36-1 et seq. Powers and duties.................... 16-22
See: SUBDIVISIONS (Appendix B) Qualifications ........................ 16-19
Removal from office .................. 16-24
LANDSCAPING 'Perm of office ........................ 16-17
Accessways ............................. 27-36 Vacancies............................ 16-18
Appearance plan (Appendix A). See that
subject LICENSES AND YERIVII'fS
Application of provisions; enforcement.... 27-33 Alarm permit ........................... 19-208 et seq.
Certain yard areas, off-street parking and See: ALARIVIS
other vehicular use areas Boat launching area permits ............. 5-34
Existing plant material ............... 27-67 Bulkhead lines; filling permit ............ 7-16 et seq.
Installation .......................... 27-60 See: BULKHEAD LINES
Maintenance ......................... 27-61 Bulkheads and seawalls................. 5-72
Parking area interior landscaping ..... 27-65 Code enforcement board, applicability re.. 2-173
Perimeter landscaping relating to abut- Community development department
ting properties .................. 27-64 Permits and inspections .............. 2-112(1)
Supp. No. 46 2945
NOR'PH PALM BEACH CODE
Section
LICENSES AND YERMI'PS (Confd.)
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 ............................ 17-16 et seq.
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, PLAYGROUNDS AND
RECREA'PION
Seawalls. See herein: Bulkheads and Sea-
walls
Sidewalk and driveway permits .......... 24-55 et seq.
See: S'PREE'PS, SIDEWALKSAND PUB-
LIC PLACES
Street excavation permits ............... 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 'PAX
Regulations enumerated ................. 17-16 et seq.
See: BUSINESS REGULA'PIONS
LODGING
Unauthorized lodging and camping....... 19-11
LOGO
Village logo ............................. 1-10
LOPS
Subdivision desi~,m standards ............ 36-18
'Coning regulations ...................... 45-1 et seq.
See: 'CONING (Appendix C)
LOUDSPEAKERS
Noise control policy re loudspeakers and
devices for advertising ............. 19-105
M
NLANAGER. See: VILLAGE NLANAGER
NLANGROVE S'PANDS
Flood damage prevention provisions...... 12.5-45
NLAYS. See: SURVEYS, NLAYS AND YLA'PS
NLARINE SANC'PUARIES
Desi~,mated ............................. 5-101
NLAY, SHALL
Definitions and rules of construction ..... 1-2
Section
NLAYOR
Civil disorders and disturbances
Mayor desi~,mated local authority for pres-
ervation of public peace .......... 8-21
Village council; presiding officer at meet-
ings ............................... 2-18
MEASURES. See: WEIGH'PS AND MEA-
SURES
MEDICAL SERVICES
Emergency medical services ............. 11.5-21 et seq.
See: EMERGENCIES
MEE'PINGS. See: ASSEMBLIES
MISSILES, S'PONES, E'PC.
'Phrowing missiles ...................... 19-83
MON'PH
Definitions and rules of construction ..... 1-2
MONUMEN'PS
Subdivisions, required improvements re .. 36-27
MO'POR VEHICLES AND 'PRAFFIC
Ambulances ............................ 17-50, 17-51
Businesses located outside village limits;
marking of commercial vehicles ..... 17-34.13
Combat Auto 'Pheft (CA'P) ............... 18-19
Discarded vehicles, etc.)
Abatement of public nuisances on pri-
vate property ................... 14-79 et seq.
See: NUISANCES
Fire division, provisions re cars and desig-
nated emergency vehicles........... 12-31 et seq.
See: FIRE YREVEN'PION AND YRO-
'PEC'PION
Hitchhiking prohibited .................. 19-6
Local business tax; marking of commercial
vehicles ........................... 17-33.1
Motorized scooters ...................... 18-20
Noise control policy, provisions re ........ 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 traffic .... 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
Si~,ms, parking in violation of.......... 18-36
Vehicle, trailer or boat parking prohib-
ited upon paved or unpaved area of
the road right-of-way of specific
road~~~ays ....................... 18-34.1
Violations; fines
Handicap spaces ................... 18-37
Non-handicap spaces ............... 18-38
Supp. No. 46 2946