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Pages Replaced by Supplement #47
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 ................................. 102 Art. IV. Administrative .............................. 15 Art. V. Qualifications and Elections .................. 17 Art. VI. Transition Schedule ......................... 18 Charter Comparative Table .................................. 65 PART Il CODE OF ORDINANCES Chapter 1. General Provisions ....................................... 77 2. Administration .. ....................... ................ 133 Art. I. In General......._.. ......................... 135 Art. II. Council .. . ..... . ............................ 13'7 Div. 1. Generally . . . . . ....................... . . . 137 Div. 2. Rules of Procedure ....................... 138 Art_ III. Administrative Code ........................ 138.1 Div. 1. Generally ............................... 13$.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 Lzbrary ........ . . . . ....... 142 Div 8. Department of Country Club ............. 142 Div 9. Department of Recreation ............ . ... 142 Div 10. Department of Community Development . 142.1 Art. N Manager ................................... 142.1 Art. V. Pensions and Retirement Systems ............ 143 Div. 1. Generally ............................... 143 Cupp. N~. 46 ~ NORTH PA_I.tvi 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 $enefits for 1•`ire and Police Employees ......... . .......... 151 Div. 5. Length of Service Award Plan for Volunteer Firefighters ............................. 161 Div 6. ICMA Defined CortrilOUtion Persian Plan.. 163 Art. VI. Code E.rzt'orcement Board .................... 163 Art. VII. Alternate Method of Code Enforcement...... 169 3. Alcoholic Beverages ...................................... 211 4. Animals and Fowl ............................. . ......... 263 Art. I. In Gerexal ................................... 265 Art. II. Dogs and Cats .............................. 266 Art. III. Rabies Control .... . ........................ 269 5. Boats, Docl~s and Waterways ................ . • - . • - . • ..... 319 Art. I. In General ................................... 321 Art. II. Boat Launching Araa ........................ 325 Art. III. Construction Requirements ................. 326 Div 1. Generally .. ............................. 326 Div 2. Canals .................................. 326 Div 3. Bulkheads and Seawalls .................. 32? Div 4. Docks and Piers ......................... 328 Div. 5. Erasion Control Structures ............... 333 Art. N Marine Sanctuaries ......................... 333 Art. V. Waterways Board ............................ 334 6. Buildings and Building Regulations .. . ......... . .......... 381 Art. I. In General ...... ............................. 383 Art. II. Minimum Construction Standards............ 383 Art. III. Appearance Code ........................... 384 Diu 1. Generally ............................... 384 Div. 2, Reserved ................................ 398.3 Div 3. Certificate of Appropriateness ............ 398.3 Art. N Reserved ................................... 398.5 Art. V. Signs and Outdoor Displays .................. 398.5 Art. VI. Energy Eff"icieney Building Cade ............. 398.18 Art. VII. Coastal Construction Code ................. 39$.18 7. Bulkhead Lines .......................................... 453 Art. I. In General . . . ................................. 455 Art. II. Filling Permit ............................... 455 8. Emergency Nlanagexzaent ................................. 50'7 Art. I. Tn General ............. ...................... 509 Art. II. Civil Disorders and Disturbances ............. 510 9. Country Club ............................................ 559 Art. I. In General .............................. . .... 561 ~~ Supp. No. 46 xii TABLL OF' COiVT~N'1'S-Cant'd. Chapter Page Art. III. Sidewalks and Driveways ................... 152b Div. 1. Generally ............................... 1520 Div. 2. Permits ......... ........................ 1522 25. Swimming PDols ........................................ 1573 Art. I. In General ................................... 1575 Art. II. Reserved ................................... 1575 Art. III. Reserved ........... ........................ 15'76 26. Taxation ............................................... 1627 Art. I. In General ........................ . .......... 1629 Art. IL Insurance Excise Taxes ...................... 1629 Art_ III. Utility Tax ................................. 1829 Art. IV, Teleca~nmunications Service Tax ............. 1880 27. Trees and Shrubbery ........... ......................... 1881 Art. I. In General ................................... 1683 Art. II. Trees in Swale Areas------------------------ 1683 Art. III. Landscaping ............................... 1$84 Div- 1. Generally ............................... 1.684 Div. 2..Reserved ..................... ......... 1.886 Div. 3. Requirements for Certain Yard Areas, Off- Street Parking and Other Vehicular Use Areas .............................•---.. 1fi86 28. Use of Rights-Of Way for Utilities ....................... 1739 29. Telecommunications ............ . ....................... 1781 Appendices A. Appearance Plan .................................... .. .. 2043 B. Sub divisions ................... ......................... 2353 Art. I. In General ................................... 2355 Art. II. Procedures for Subdivision flat Approval ..... 2358 Art. III. Design Standards . . . . . . . . . ... . . . ........... 2365 Art. I~ Required Improvements ..................... 23fi$1 Art. V. Enforcement Provisions ...................... 2372 Art. VI. Amendments..... ....................... _.. 2378 Art. VII. Legal Status ............................... 2379 C. Zoning .................................................. 24'79 Art. I. In General ................................... 2481 Art. II. Generally ................. .................. 2485 Art. III. District Regulations ........................ 2488.6 Arts. IV, V. Reserved ................................ 2515 Art. VI. Amendments--Fees; Waiting Periods......... 2515 Art. VIL lYonconforming Uses of Land and Structures. 251.6 D. ~'anchises .............................................. 2619 Statutory Reference Table .................................... 2819 Code Comparative Table-1970 Cade ............ . ..... . . . ... . 2$69 $upp. No. 46 xv ~01~'I`H PAi.Ni 13L+'ACH CORE Paga Cade Comparative Table-Laws of Florida ... . ....... . ........ 2873 C©de Comparative Table---Ordinances ........................ 2875 Charter index ............................................... 2933 Cade Index ................................................. 2935 Supp. No. 46 xyi Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From oux experience in publishing Looseleaf Supplements on a pegs-for-page substitution basis, it has became 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 gage. 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 pagea have net 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 array 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, 1382 33 3, 4 25 138.3 30 5, 6 25 139, 140 34 7, 8 25 140.1, 140.2 2S 9, 10 29 141, 142 33 10.1, 10.2 38 142.1 33 10.3 38 143, 144 31 ll, 12 25 144.1, 144.2 36 13, 14 25 145, 148 36 15, 16 33 146.1 36 i6.1 33 147, 148 32 17, 18 25 148.1 32 19 25 149, 150 29 65 38 151, 152 46 Supp. No. 46 [1] ~'DRTH PALM BEACH CDDE Page No. Supp. No. Page No. S~.pp. 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 53.1 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 7$3, 784 OC 326.1 46 785, 786 OC 327, 328 27 787, 788 OC 329, 330 36 789 OC 331, 332 36 839 OC 333, 334 45 889 39 335 45 891, 892 40 381 23 892.1, 892.2 40 383, 384 33 893, 894 43 385 24 945 41 398.3, 398.4 7 947, 948 41 398.5, 398.6 45 949, 950 41 398.6.1 45 951 41 398.7, 39$.8 40 997 OC 395.9, 398.10 46 999, 1000 22 398.11, 398.12 40 1tf51 33 398.13, 398.14 40 1053, 3.054 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 ].055, 1056 36 399, 400 OC 1057, 1058 33 401, 402 OC 1059, 1060 33 403 OC 1060.1, 1060.2 43 Supp. Na. 4S ~2~ CHECKLIST OF i3P-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1060.3, 1060.4 43 1517 OC 1060.5 43 1519, 1520 OC 1061, 1062 8 1521, 1522 27 1063, 1064 $ 1523 27 1121 OC 1573 24 1171 OC 1575, 1576 29 1173, 1174 2$ 1627 9 1175, 1176 36 1629, 1630 27 1177 36 1631 27 1225 31 1681 OC 1227, 1228 37 1683, 1684 33 1225.1 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 17$9, 1'790 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.I, 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, 13682 33 2363, 2364 33 1366.3, 1366.4 33 2364.1 33 1367 5 2365, 2386 OC 1411 OC 2367, 2368 37 1463 OC 2368.1 37 1.465, 1466 OC 2369, 2370 OC Supp. No. 4fi [3I NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 2371, 2372 OC 2510.27, 2510.25 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 4i 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 4i 2510.51, 2510.52 25, Add. 2486.9, 2486.10 41 2510.53, 2510.64 25, Add. 2487, 2488 OC 2510.55, 2510.58 25, Add. 2488.1, 2488.2 18 2510.57, 2510.58 25, Add. 24$9, 2490 18 2511, 2512 30 2491, 2492 18 2512.1, 2512.2 23 2493, 2494 18 2512.3, 2512.4 33 2495, 2496 18 2512.5, 2512.6 33 2497, 2498 32 2512.7 33 2499, 2500 32 2513, 2514 OC 2500.1 32 2515, 2516 45 2501, 2502 25 2516.1 45 2503, 2504 28 2517, 2518 22 2504.1, 2504.2 29 2619 3$ 2504.3 2$ 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, 2852 14 2510.7, 2510.8 25, Add. 2883, 2$84 14 2510.9, 2510.10 25, Add. 2885, 2886 19 251011, 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. i8 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 Supp. No. 46 [4] e r CHECKLIST OP i}P-TO-DATE PAGES Page No. Supp. No. 2940.1 44 2941, 2942 38 2943, 2944 46 2945, 2946 40 2947, 2948 45 2949, 2950 45 2950.1 45 2951, 2952 41 2952.1 41 2953, 2954 3G 2955, 2956 39 2957, 2958 36 2959, 2960 45 Supp. No. 46 [5~ AUIYiINISTRA'1`ION § 2-146 DIVISION 3. PENSION AND CERTAIN member, ar if no such person sa designated is OTHER BENEFITS FOR GENERAL living at that time, the beneficiary shall be the ENIPLOYEES* estate of the member. Sec. 2-146. Definitions, As used herein, unless otherwise defined ar required by the context, the following words and phrases shall have the meaning indicated: Accrued benefit is the benefat earned to date using the normal retirement benefit. 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, other than a lump sum distribution, all future payments shall be discounted for interest and mortality by using eight (8) percent interest and the 1983 group annuity mortality table for males with ages set ahead five E5) years in the case of disability retirees. For bargaining unit employee group participants and general em- ployee group participants, the actuarial present value shall be a fixed interest rate of five and twenty-five-hundredths (5.25) percent. Agreement meads the written ordinance from which this division derived, setting forth the provisions of the retirement system. Board means the board of retirement, which shall administex and manage the systerr~ herein provided and serve as trustees of the fund. Credited service means the total number of years and fractional parts of years of actual service with the village and shall apply to an employee whose employment is tegnated with the village and who recommences full-time em- ployment within two E2) years from the date of termination. Earnings means gross salary, {including' over- time) but excluding bonuses ar any other nonregular payments such as unused sick leave and vacation time pay. Effective date means the date on which this division becomes effective [January 13, 19$31. Plan year is from October 1 to September 30. Employee shall mean any actively employed full-time general employees of the village, except firemen and policemen. Final average earnings means the arithmetic average of the twelve (12) months earnings for the highest sixty E60) rnanths of the one hundred twenty E120} consecutive months of service imme- diatelypreceding the retirement or termination of a member. Assumed rate of return. The assumed rate of return far calculation of annual pension costs shall be eight (8) percent fixed, Beneficiary means the persons or persons enti- tled to receive benefits hereunder and who has or have been designated as such in writing by the member and filed with the board. Tf na such designation is in effect at the dine of death of the °Edltor's n©te 4ection 18 of ord. No. 1-88, adopted Jan. 13, 1983, repealed Ord. No. 10-82, adopted June 1[1, 1982, Pram which ordinance §§ 2-146-2-156 formerly derived. At the discretion of the editor, §§ 1-11 afOrd. Na. 7-83 have been cadi$ed as herein set out in §§ 2-146-2-7.56. All fitnds and assets Liam the former system, as set out by Ord. No. 70-82, are transfers ed to this system, as set nut by Ord. Na. 7-83, and all rights and benefits of members in that system wkll be credited to and maintained by this fund. Fund means the trust fund established herein as paxt of the system. Member means an actively employed full-time employee who fulfills the prescribed participation requirements, after twelve E12) months employ- ment and will become a participant on the Octo- bex 1 of the next following year. . Spouse xneazls the lawful wife ox husband of a member at the time of preretirement death or retirement. System means the Village of North Palm Beach general retirement fund as contained Herein and all amendments thereto. EOrd. No. 1-53, ~ 1, 1-13-$3; Ord. No. 13-83, ~ 1, 9-$-83; Ord_ Na. 36-90, § 1, 10-25-90; Ord. Na. Snpp. No. 36 lc~~, l § X146 ivol~.~F~ Pal.~r 131;~e~r col~~: 9-94, § 1, 8-9-94; Ord. No. 12-98, § 1, 3-28-96; Ord. No. 25-2005, §§ 1, 2, 9-8-05; Ord. IVo. 27-2005, ~r©es reference-1]efinitians and rules of construction generally, § 1-2. Sec. 2-147. Mennberslaip. (a) Conditions ofeligibility. All employees as of the effective date and all future new employees, except me~rnbers of the fire department and police department, shall become members of this system as a condition of employment. (b) Application fo~° membership. Each current and fixture eligible employee shall complete an application form covering items set forth below, and provide other information, as may be pre- scribed by the board. (1) Acceptance of the terms and conditions of the retirement system. {2) Designation of a beneficiary or beneficia- ries. (3) A certified statement as to prior medical history. (4) A wz~itten release aIlowing distribution of all medical records to the board. 1• or the purposes of all benefits hereunder, an application far me~nbenship shall be considered to have been in effect from date of employment, even though officially accepted and approved by the board at a later date. l allure to complete an application within ninety (90) days of empIoy- ment and written notice of this agreement shaIl constitute a deliberate choice to be excluded from the system. (c) Change in designation of beneficiary. Amem- ber may, from tune to time, change his designated beneficiary without approval by the board of trfistees br previous beneficiary by written notice to the board upon forms provided by the board. Upon such change, the rights of all previously designated beneficiaries to receive any benefits under the system shall cease. (Ord. No. 1-83, § 2, 1-13-83) Sec. 2-148. Benefit amounts anti eiigibilit3. (a} Retirement date Amember's normal retire- ment date shall be the first day of the month coincident with, or next following, attainment of his ar her sixty-fifth birthday and the completion of nine (9) full years of service with the village. A member may retire on his or her normal rEtire- ment date or on the first day of any month thereafter, and each member shall become one hundred (100) percent vested in his ar her ac- crued benefit an his normal retirement date. The normal retirement date described above shall apply only to members who axe hired as general employees from and after the effective date of this ordinance. The normal retirement date for a member who was a general employee of the village prior to the effective date of this ordinance shall be the first day of the month coincident with, ar next fallow- ing, attainment of his ar her sixty-fifth birthday. Employees who are vested and eligible to retire shall have the right to file a written election to be considered retired on the day before death if such employee should die prior to retirement. if an employee who is vested and eligible to retire dies prior to retirement without making the foregoing election, the election can be made by the employee's beneficiary previously designated in the village records. (b) Retirement benefit, Amember retiring here- under on or after his normal retirement date shall receive a monthly benefit which shall commence on his retirement date and be continued thereaf- ter during his lifetime, ceasing upon death. Tho member's annual pension benefit shall equal two {2) percent of f4.nal average earnings multiplied by the member's credited service for the first twenty (20) years of credited service and one (1) percent far each year of credited service thereafter. (c) Lute retirement. A participant who retinas after his normal retirement date shall be paid the monthly benefit otherwise payable to the partici- pant at his normal retirement date increased by using the benefit formula for normal retirement together with consideration of his additional years or fractional parts of years of credited service and final average earnings. Sapp. No. 36 144.2 A13~IIIdIS`rRATIOIV (d) Early retirement. A member or a termi- nated vested participant may retire after age fifty-five {55) and shall receive vested accrued benefit. If a zxiember does retire early, his or her pension shall be actuarially reduced for early retirement. (e) Preretirement death. (1) if a participant who is no longer an em- ployee of the village dies prior to the normal retirement date and has attained age fifty-five (55) and had five {5) years of credited service, a pension benefit of fifty (50) peresnt of the amount the participant would have been entitled to, actuarially reduced for early retirement, shall be paid to the surviving beneficiary for as long as the beneficiary sha11 live. Such amount shall be based on the amount payable under the fifty {50) percent joint aad suxvivar option, reduced actuarially to the age of the beneficiary. (2) If a member dies prior to the normal retirement date while still employed by the village and has five {5) years of cred- ited service, such member regardless of age shall receive pension benefits as set forth in subsection (3 j. (3) The members specified in subsection {2) above shall receive a benefit equal to the membex`s vested accrued pension as com- puted under subsection 2-14${b) and shall be payable to the designated beneficiary in equal, consecutive monthly install- ments over ten f 10) years. The benefit payment specified herein shall comzxzance upon death of the plan member and ap- proval of the pension board. (f) Termination of employment. A participant who terminates his employment for reason other than death or retirement and vvha has not optsd for early retirement shall be entitled to a deferred monthly retirement benefit commencing at his normal retirement date equal to the product of his vested percentage, as determined from the follow- ing schedule, and his accrued benefit: Supp. No. 36 145 ~ 2-149 Credited Seruice rested Percentage Zsss than 5 0 5 but less than 7 50 7 but less than 9 75 9 or more 100 {g) Refund of contribution. All contributions made by employees whale employment is tsrmi- nated for any reason prior to vesting shall receive a refund of all amounts contributed by the em- ployee to the pension plan. without interest. All contributions made by fully or partially vested employees whose employment is terminated for any reason shall have the option to receive a refund of all amounts contributed by the vested employee without interest. If such option is elected by the fully or partially vested employee, then such employee shall n.o longer be a part of the pension plan and shall oat receive additional pension benefits. (Ord. No. i-83, § 3, 1-13-83; Ord. No. 9-94, ~ 2, 6-9-94; Ord. No. 12-95, §§ 1, 2, 3-23-95; Ord. No. 35-2003, § 1, 12-11-03; Ord. No. 16-2004, y 1, 7-22-04; Ord. No. 2008-02, § 2, 1-10-08) Sec. 2-149. Normal and optioxral forms of benefits. (a) The normal form of retirement benefit is a monthly benefit for life. {b) Each member entitled to a normal or early retirement benefit shall have the right, at any time prior to the date an which benefit payments begin, to sled to have this benefit payable under any of the options l~.exeinaftex set forth in lieu of such benefits and to revoke any such elections and mare a new election at any time prior to the actual beginning of payments. The value of op- ti.analbenefits shall be the actuarial equivalent of the value of benefits otherwise payable. The menz her shall anake suckz an election. by written re- quest to the board, such request being retained in the board's files. Option 1. Joint and Zast suruioor option. The member may elect to receive a benefit during his lifetime and have such benefit (or a designated fraction thsrsof) contin- ued after his death to and during the lifetime of his designated beneficiary. The § 2-1~9 NORTi~i PALtI~T BEACi-i CORE minimum joint and survivor percentage shall be fiiiy (50) percent, reduced actuari- ally to the age of the beneficiary. The election of option 1 shall be null and void if the designated beneficiary dies before the member's benefit payments commence. Option 2. Life annuity with ten years ce~~tain. The member may elect to receive a monthly benefit for one hundred twenty {120) monthly payments certain. In the event the member dies after his retirement, but before he has received retirement benefits for a period of ten (10) years, the same monthly benefit will be paid to the bene- ficiary (or beneficiaries) as designated by the member for the balance of such ten- year period or, if na beneficiary is desig- nated, to the surviving spouse, or estate of the member. Option 3. Otlxer. In lieu of the optional forms enumerated in this section, benefits may be paid in any form approved by the board so long as it is the actuarial equivalent of the benefits otherwise payable. Option 4, Social security adjustment option. If a member retires before being eligible far social security benefits, he ar she may elect an option to receive a larger pension up to the date he ar she begins receiving social security benefits. The member's pen- sion benefits shall be appropriately xe- duced after social security payments be- gin. The amount of reduction shall be actuarially determined by the actuary. (c) Lump sum. payment. Notwithstanding any- thing contained within section 2-148 and section 2-149 to the contrary, the board, in its sole discre- tion, may elect a lump sum payment to the beneficiary or beneficiaries in lieu of installments when the monthly benefits do not exceed the sum of one hundred dollars ($1©0.00). This provision applies to normal retirement, late retirement, early retirement and prerstirement death regard- less of the fact that the member sleeted retire- ment benefits to be wade in monthly install- ments. (Ord. No. Y-83, § 4, 1-13-83; Ord. No. 4-93, § 1, 1.-f4-93) Sec. 24150. Village contributions. (a) Generally. So long as this system is in effect, the village shall mare a contribution to the trust fund in an amount equal to the total cost fox the year as shown by the mast recent actuarial valuation of the system. The total cost far any year shall be defined as the total normal cost, plus the additional amount sufficient to amortize the unfunded accrued past service liability over a forty-year period. (b) Other. Private donations, gifts and contri- butions may be deposited to the fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis. Funds from these sources may be used only for addi- tional benefits for members, as determined by the board, and may not be used to reduce required village contributions. (Drd. No. f-$3, § 5, 1-13-83) Sec. 2-151. Retirement board, establishment. {a) There is hereby created a general employ- ees retirement hoard of the village which shall consist of five {5) members. Two (2) members of the board shall be empIay- ees of the village. The employee members shall be elected at large by full-time village employees who are not firemen ar policemen. Employees who axe elected cannot work in the same departments of the village. The term of service of employees on the general retirement board shall be indefinite or until the time such employee member of the retirement board is retired, disabled, resigns, terminates village employment or is removed for misconduct by majority vote of the employees or the council of the village or for nonparticipation by missing two (2) or more consecutive meetings. The election to the board shall be arranged by the viIlage clerk, who shall give reasonable notice of the election to the eligible voters. One (1}member of the general retirement board shall be a resi- dent of the village, selected by the village council, one (1) member shall be the village manager and one (1) member shall be the village mayor All members of the board shall be voting members. The mayor may designate in writing another member of the village council to serve in his place, and vote from time to time. Sapp. No. 3S 146 ADi~IINISTRAT.ION (b} Should a vacancy oecux in the position of a member serving as an employee member, the village employees shall, within thirty (30} days, hold an election and elect a successor to serve. Should the member appointed by village council resign or relinquish his duties on the general retixernent board, his succsssox shall be ap- pointed by the village council within thirty (3(]} days. § 2-15I Snpp. Nn. 36 146.1 ADMINISTRATION (c) The retirement board hereby created shall perform all duties and enjoy all rights and powers vested by law or ordinance, and the village attor- ney may give advice and Legal assistance to said retirement board in all matters pertaining to the performance of their duties, whenever requested and may prosecute and defend all suits which may be instituted by or against it; provided, however, the retirement board may, in its discre- tion, employ independent legal counsel for such purposes, if funded by the village council, the expense of such employment to be paid by the village. (d) The retirement board shall have full au- thority to administer alI the provisions of this division and shall cause all disbursements and receipt for all monies received by the fund through the office of the village treasurer. The retirement board shall appoint a secretary who shall keep a complete record of all actions and proceedings by the board. (e) The retirement board shall continue to ex- ist exclusively for the purpose provided by this division and related legislation, and the respon- sibility for the administration and proper opera- tion thereof and for effectuating the provisions of the law relating thereto, is vested in the retire- ment board. {Ord. No. 1-83, § 6, 1-13-83; Ord. No. 2006-14, § 1, 7-27-06} Sec. ~-152. Additional rules and regulations authorized. The retirement board shall have the power to adopt rules and regulations, not inconsistent with the provisions of this division, governing its activ- ities and providing for the certification of the sum to be paid a retired member from the general retirement fund. (Ord. No. 1-83, § 7, 1-13-83) Sec. 2-153. Investing funds; custodian of se- curities. (a) The retirement board shall have the power and authority to direct the village treasurer to invest and reinvest the assets of the general retirement fund in a manner consistent with laws and statutes governing the investment of the § 2-155 village. Each of the foregoing powers and func- tions reposed in the retirement board may be performed and carried out by the village trea- surer, at the direction of the retirement board through duly authorized agents, provided that the village treasurer shall, at all times, maintain continuous supervision over the acts of any such agent(s); provided further, that legal title to the funds shall remain at all times in the name of the village. (b} The village, or its designated funding agent, shall be the custodian of all securities, and the accretion thereof shall become a part of the gen- eral retirement fund. All funds and securities of the general retirement fund shall be deposited with the village treasurer, who shall keep then in a separate fund, and shall be liable for the safe- keeping of the same under the bond given to the village and shall be liable in the same manner and to the same extent as is liable for the safe- keeping of the funds of the village as provided for by law. All funds now held by the village for this retirement system are hereby transferred to the fund established by this division. {Ord. No. 1-83, § 8, 1-13-83; Ord, Na, ll-85, § 1, 7-11-85} Sec. 2-154. Oaths of office; meetings; quo- rum. Before entering upon their duties as members of the board, each member shall take and sub- scribe to the oath of office required by the village Charter, which oath shall be filed with the village clerk. The board shall meet as often as necessary or upon the call of the chairman or any member thereof or upon request of the village clerk. All board meetings shall be held at village hall. A majority of the board shall constitute a quorum for the transaction of any business. Notice of meetings shall be given to council and the public at least seven (7} days in advance. (Ord. No. 1-83, § 9, 1-13-83; Ord. No. 06-2002, § 2, 2-28-02) Sec. 2-155. Repeal or termination of system. (a} This division establishing the system and fund, and subsequent ordinances pertaining to the system and fund, may be moclified, termi- Supp. No. 32 147 § 2-155 NORTH PALM BEACH CODE noted or amended in whole or in part; provided that if this division or any subsequent ordinance shall be amended or repealed in its application to any person benefiting hereunder, the amount of benefits which at the time of any such alteration, amendment or repeal shall have accrued to the member or beneficiary shall not be affected thereby, except to the extent that the assets of the fund may be determined to be inadequate. (b) If this division is repealed and not super- seded by another pension plan, or if contributions to the system are discontinued, the board shall continue to administer the system in accordance with the provisions of this division, for the sole benefit of the then members, any beneficiaries then receiving retirement allowances, and any fiiture persons entitled to receive benefits under one (1) of the options provided for in this division who axe designated by any of such members. In the event of such repeal, or if contributions to the system are discontinued, there shall be full vest- ing one hundred (100) percent of benefits on a proportionate basis to the person entitled to ben- efits in accordance with the provisions thereof. (c) The following shall be the order of priority for purposes of allocating the assets of the system as of the date of such repeal of this division, or if contributions to the system are discontinued with the date of such discontinuance being determined by the board: (1) Apportionment shall first be made in re- spect to each retired member receiving a benefit or each person receiving a benefit on such date on account of a retired (but since deceased) member, and each mem- ber who has, by such date, become eligible far normal retirement but has not yet retired, an amount which is the actuarial equivalent of such benefit, based upon the actuarial assumptions used for purposes of the most recent actuarial valuation, provided that, if such asset value be less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such asset value. (2) If there be any asset value remaining after the apportionment under subpara- graph (1}, apportionment shall next be made in respect of each member in the service of the village on such date who has completed at least ten (10) years of cred- ited service and who is not entitled to an apportionment under subparagraph (? ), in the amount required to provide the actuarial equivalent, as described in (I.) above, of the actuarial normal retirement benefit, based an the credited service and average monthly earnings as of such date, and each vested former member then en- titled to adeferred benefit who has not, by such date, begun receiving benefit pay- ments, in the amount required to provide said actuarial equivalent of the accrued normal retirement benefit, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggre- gate of such amounts will be equal to such remaining asset value. (3) if there be any asset value after the apportionments under subparagraph {1) and (2), apportionment shall be made in respect of each member in the service of the village on such date who is not enti- tled to an apportionment under subpara- graphs (1) and (2) in the amount equal to his accumulated benefits, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggre- gate of such reduced amounts will be equal to such remaining asset value. (4) If there be any asset value remaining after the apportionments under subpara- graphs (1}, (2) and (3), apportionments shall lastly be made in respect of each member included in subparagraph (3) above to the extent of the actuarial equiv- alent, as described in (1) abovo, of the accrued normal retirement benefit, less the amount apportioned in subparagraph (3), based on the credit service and aver- age monthly earnings as of such date, provided that, if such remaining asset Supg. Na. 32 14$ ADP/IINISTRA'rION value be less than the aggregate of the amounts apportioned hereunder, such amounts shall be reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. {d} After all the vested and accrued benefits provided hereunder have been paid and after ali other liabilities have been satisfied, then and only then shall any remaining funds revert to the general fund of the village. (Ord. No. 1-83, § 1a, 1-13-83) Sec. 2-1116. Miscellaneous. (a) Discharged members. Members entitled to a pension as approved by the pension board shall not for#'eit the same upon dismissal from the village, but shall be retired as herein described. (b) Nonassignability. No benefit provided for herein shall be assignable or subject to garnish- rnent for debt or for other legal process. (c) Pension validity. The board of retirement shall have the power to examine into the facts upon which any pension shall heretofore or here- after have been granted or obtained to determine if such pension was granted erroneously, fraudu- lently or illegally for any reason. The board is empowered to purge the pension rolls of any person heretofore or hereafter granted a pension under prior or existing law or heretofore granted candor this division if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any pensioner who has hereto- foxe under any prior or existing law or who shall hereafter under this division be erroneously, im- properly or illegally classified. (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 system, the board may, unless and until claims shall have been made by a duly appointed guardian of such person, make such payment or any part to such person's spouse, children or other person deemed by the board, in its sole discretion, to have incurred expenses or assumed responsi- bility for the expenses of such person. Any pay- § 2-157 went so made shall be a complete discharge of any liability under the system for such payment. (e} $argaining unit employees. Nothing herein shall limit the village`s authority to provide alter- nate retirement benefits to employees in each of the bargaining units provided: (1) The benefit is provided pursuant to the terms of a collective bargaining agree- ment ratified by the village council ar is the subject of a waiver of bargaining or a memorandum of understanding. (2} No vested benefit is reduced or elimi- nated. (3} An actuarial impact statement disclosing the cost and effect of the modification is made and reviewed by the village council prior to ratification of the collective bar- gaining agreement. (4) The terms of the modification are incor- porated inthis chapter of the Village Code by amendatory ordinance. (Ord. No. 1-83, § 11, 1-13-83; Ord. No. 08-2x05, § 1, 5-2G-05) Sec. 2-157. Direct transfers of eligible rollover distribution. (1) General. This section applies to distribu- tions made on or after danua~y 1, 1993. Notwith- standing any provision of the system to the con- trary that would otherwise limit a distributee`s election under this section, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rpllover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. {2} Definitions. (a) Eligible rollover distributian: An eligible rollover distribution is any distribution of Supp. No. 32 148.1 AI}i1+I1Ni$THAfIdN 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. l~lo. 12-9$, § 2, 3-28-96; Ord. No. 28-96, § 1, 7-25-96; Ord. Na. 35-2003, ;y~ 2, 3, 12-11-03; Ord. No. 16-2004, § 2, 7-22-04} Sec. 2-1.58.1. Optional beziefit plan no. 2. Cost of living ucljustment. 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 an 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 data of this section and ,such. e~rnployees shall contx-ibute two (2) percent of their salary for this benefit. The cost of living adjustment anal 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 2-145, 2-149 and 2-158 of this Cade. Far general employee group members and bar- gaining unit employee group participants, the cost of Iiving 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. Na. 13-200©, § 1, 5-ll-00; Ord. No. 25-2005, § 3, 9-5-05; Ord. Na. 27-2445, § 3, 3-29-05} § 2-159 DIVISION 4. PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMl?LOYEES~' Sec. 2-159. Definitions. As used herein, unless otherwise defined ox required by the context, the fallowing 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 suzn of two and one-half (21/z) percent of his average monthly earnings multiplied by his credited ser- vice #ar the fCrst 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. Tlae 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 izz a form other than the normal farm of benefit shall have the same actuarial present value an 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} ¢~ditor's note-Ordinance No. 9-$2, enacted June 10, 13&2, slid sot expressly amend the Code; hence, codification of ~~ i-1I as herein set out in §§ 2-f59-159 was at the discratian of the editor. Cross references-){tire division, ~ 12-29 et seq.; police, Ch. 23. 5npp. No. 46 151 § 2-159 NQRTH PALM BEACH CODE percent interest and the 1983 Group Annuity Moz tality Fable for Males, with egos 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 {~) years of his employment within the last ten (14j years of employment, which is greater than the total dur- ing any other five (~) years during the ten-year period; provided that if a xxiexnber shall have been employed for fewer than five (5) years, such average shall be taken over the period of his actual employment. participated actively as an employee_ Should he not be re-exxaployed 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 ~[7SERRA provisions or any similar law; and pro- vided further that the employes shall apply far reemployment withrn the tune and under the i3ene~ciary means the person ar persons enti- conditions prescribed bylaw. Effective January 1, tled to receive benefits hereunder at the death of 2007, members who die or became disabled while a member who has or have been designated in serving on active duty military service which writing by the member and filed with the board. If intervenes the member's employment shall be no such_ designation is in effect at the time of entitled to the rights of this section even though death. of the member, or if no person so designated such member was not re-employed by the village. is living at that time, the beneficiary shaIl be the Members who die or become disabled while on estate of the member. active duty military service shall be treated as - --- $vetr-d-moon;Tt~a-board of-t~u~tees whichhall- though re-employed the day before the member _____ __-__-___ administer and manage the plan herein provided became disabled or died, was credited with the and serve as trustee of the fund. service they would have been entitled to under this section, and then either died anon-duty Credited service means the total number o years and fractional parts of years of service expressed as years and completed months, during which a person servos 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 tp one (1) year's leave of absence. f 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 ar next following the date an which he attains his fiftieth (54th) birthday. Notwithstanding the foregoing, no employee will receive credit for years or fractional parts of years of service fox which he has withdrawn his conntributions to the pension- fund for tfivse 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 aftex his reemployment, as provided in sec- tion 2-164 below. Further, an employee may voluntarily leave his contributions in the pension fund far a period of five (5) years after leaving the employ of the employer, pending the passibility of his being rehired, without lasing credit for the tune he leas Earnings means a member's gross salary, in- cludingovertime, public safety pay increment and special pay, but excluding bonuses, such as loxa- 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, 2048 and pursuant to Internal Revenue Code Section 414(u}(7), the det= inition of earnings includes amounts paid by the village as differential wages to members who are absent from employment while serving in go.ali- fied military service. Effective date means March 1, 1867, 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. 1Va. 46 55,2 STREETS, SIDEWALKS AND PU$LIC PLACES § 24-43 of the village to construct a sidewalk at the same (80) feet or less, there will be a minimum time that the street is constructed so that al] of thirty-four (34) feet of paved street improved properties in the village shall have provided. sidewralks wherever the properties front upon a (Code 1970, § 36-24) paved and usable public street. (Code 1970, § 35-23; Ord. No. 7-71, § 1} Sec, 24-43. Specifications. Sec. 24-42. Same--Exceptions to require- ments of section 24-41. Upon application in writing to the building board of appeals of the village, the requirements set forth in section 24-41 may be excepted upon the finding of the building board of appeals that the following rules are complied with: (1) That in any case where the cost of making such sidewalk improvements shall be shown to work an undue hardship upon the owner, the village council, upon rec- ommendation by the board of appeals, may enter into an agreement on behalf of the village with the owner whereby the village will furnish the materials and la- borfar construction of such sidewalk, such agreement to contain suitable provisions for the reimbursement of the cost of such labor and materials by the owner to the village over a term of years, secured in such manner as shall be provided for in such agreement. (2} That no building within the entire subdi- vision shall have a sidewalk in front of it. (3) That the subdivision without sidewalks would not be contiguous to an existing plat containing buildings with sidewalks. In other words, that the platted subdivi- sion without sidewalks would be wholly self-contained and its entrances to remain- ing lands in the village would be the sale connection between it and other subdivi- sions in the village. (4} That in any subdivision where sidewalks (5) are excepted on road rights-of-way of sixty (60} feet or less, there will be a minimum of twenty-eight (28) feet of paved street provided. {a) Generally. Sidewalks and driveways shall be constructed in accordance with the following specifications: (1) Sidewalks and the driveway between the street and sidewalk or property line shall be constructed of Portland cement con- crete, using durable materials in such proportions that a hard .dense product with a minimum twenty-eight day strength of two thousand five hundred (2,500} pounds per square inch. (2) Excavation shall be made to the required depth and the subgrade or base, upon which the sidewalk or driveway is to be set shall be compacted to a firm, even surface true to grade and cross section, by means of rolling and tamping, adding water if required to secure optimum com- paction. (3) Grading shall be carried to a width of two (2) feet beyond the edge of the proposed work. (4) Joints shall be of the open type. The joint shall be formed by staking a metal bulk- head in place and placing the concrete on both sides of it. After the concrete has set sull`iciently to preserve the width and shape of the joint, the bulkhead shall be removed. After the walk has been finished over the joint, the slot shall be opened and edged with a tool having cone-half-inch radius. (5) That in any subdivision where sidewalks are excepted on road rights-of-way of eighty The concrete shall be given a wood float finish, if appropriate, or asteel-troweled finish, slightly brushed to remove slipperi- ness. The surface variations shall not be more than one-quarter of an inch under a ten-foot straight edge nor more than one- eighth of an inch on the transverse sec- Supp. IVa. 27 1521 § 24-43 FORTH PAI tion. The edge of the sidewalk shall be carefully finished with an edging tool, having a radius of one-half inch. (6) The concrete shall be cured by panding or other recognized means. {b) Sidewalks. Sidewalks shall be at least five (5) feet in width and a minimum of four (4) inches in thickness, subject to the approval of the village engineer. (c) DriUeruays. In addition to the specifications set forth in paragraph (a) of this section, drive- ways between the street and sidewalk or property line shah conform to the following specifications: (1) Minimum of six (6) inches in thickness, including the sidewalk section, with edges thickened to a minimum of eight (8) inches. sidewalk and shall flare uniformly to a width of fourteen (14) feet at the edge of the paving, unless extenuating circum- stances as determined by the building official suggest a variance of this flare width, and in such instances the flare requirements shall be determined by the building official. (3) The profile shall follow the roadside Swale so as riot to interfere with drainage. (Code 1970, § 35-29; Ord. No. 23-2003, § 3, 9-11- 03) ,M BEACH CODE Sec. 24-45. Reserved. Editor's note-Ord. No. 23-2403, § 4, adopted Sept, li, 2003, repealed § 24-45, in its entirety- Former § 24-45 per- tained to inspection fees; deposits pending approval and derived from Cade 197D, § 35-31- Sec. 24-46. Dangerous or abandoned drive- ways. Should the vehicular or other use of any drive- way, in the opinion of the village engineer, ba or became dangerous to pedestrians, or should the use of such driveway be discontinued ar such driveway abandoned, then the village engineer shall give notice in writing to the owner of record of the abutting property to restore within thirty {30) days such curb and sidewalk to the original ar proper condition. (Code 1970, § 35-34) Sec. 24-47. Performance of work by village upon failure to comply with ar- In case any driveway, curb ar sidewalk shall not be paved, repaved, repaired or restored ac- cording to the provisions of the permit, or this article, the village engineer may order the same to be done under his direction and for the owner's account and the expense thereof, until paid, shall be a lien upon the abutting property and be fzled as therefor provided, (Code 1970, § 35-32) Secs. 24-4~--24-54. Reserved. DIVISION 2. PERMITS Sec. 24-44. Driveways to be constructed un- der supervision of village engi- neer. Every driveway shall be constructed under the supervision of and subject to the direction of the village engineer, and according to plans and spec- ifications of the village. Upon failure to comply with all the terms of the permit, the permit may be revoked and the sidewalk and curb restored to its original line and grade and paid for out of the deposit required by section 24-45. (Code 1970, § 35-30) Sec. 24-55. Separate permits required for driveway and sidewalk construc- tion. A separate permit shall be required for side- walk or driveway construction or reconstruction. (Code 1970, § 35-28) Sec. 24-56. Driveway construction--fte- quired. No person shall construct initially, nor lower any curb, or change the grade of any sidewalk, for the purpose of providing a driveway across any s~pn- No. z7 1522 STREETS, SIDEWALKS AND PLBLIC PLACES § 24-55 sidewalk, or construct any driveway across vil- lage property or street right-of-way, except upon complying with the provisions of this article, and upon a permit granted by the village. (Code 1970, § 35-25) Sea 24-57. Same-Prohibited in certain in- stances. The village shall not grant a permit to lower any curb or change the grade of any sidewalk for the purpose of providing a driveway across such curb or sidewalk or to construct any driveway across village property when, in its opinion, the actual or intended use of such driveway would endanger pedestrians. In no case shall a permit be granted to use the space within the radius of a curb or street return, or of any sidewalk intersec- tion, as a driveway. (Code 1970, § 35-26) Sec. 24-58. Same---Application; information required. (a) Application far a permit required by sec- tion 24-56, shall be made in writing to the build- ing official by the owner of the abutting premises. (b) Such application shall set forth the points at which such driveway shall begin and end, as measured from the property line of the first street intersecting such curb or sidewalk and shall be accornpanied by a plan, if so required by the village engineer. (Code 197Q, § 35-27) [The next page is 1573] Supp. Aro. 27 I523 STATUT©RY 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 ar related matters- Section Section Section this Code Sectlen this Cods 1.01 27-31 175.071(87 2-166 1.01 et seq. 1-2 175.1(11 26-17 clt. 22)=' 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. 1I, 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. 1V, 101.657 10-7 § 36-27 112.1$1 2-161(.e){9) ch. 185 2-167 161.55{11{d} 6-156 185.05(6) 2-169 161.041 6-153 185.06(1)(6) 2-166 ].61.053 6-154 185.06(7) 2-166 162.12(2) 2-180 185.08 26-16 ch. 163 12.5-1 202.195 19-8(m) 21.1 203.012 26-51, 29-3 21-43, 21-44 203-012{5)(E~j 26-51 App. B, Art. I, ch. 205 Ch. 17, Art- II § 36-2, App, B, Art. 205.043(2 j, I, § 36-4 20~i:043(3) 17-24, I7-25 App- Il, Art- II, 205.053 17-20 36-16 205.192 17-22 Apg. Zi, Art. VI 210-03 17-33 163.01 2-A[t7 ch. 212 26-53 163.161 et seq. 21-01 215.473 2-166 ch. 163-170, App. I3, Art. II, 222.17 5-1 §163.3164{17) ~ 36-10 ch. 262 Ch. 8 163.225(3)(a)---(c} 5-86 g_4(a}(2} 163.195 6-150 252.38 et seq. $-6 163.3161 et seq. Ch. 21, Art. II 253.125 7-19 163.3177 21-44 280.02 2-4(f) 163.3178 6-155 286.011 2-1 21-44 Ch. 316 18-20 163.3180(12} ~ 21-4& 316.008 Ch. 18 ah.166 6-16 316.272 19-117 Ch. 24 316.283 19-i17 Crd. IVo. 1478 § 3 316.1955, 316.1956 18-37 166-021 Ch. 17, Art. II 320.01(11 14-37 166.221 17-34 ch. 327 Ch.S 166.231 Ch. 26, Art. III 327.82 5-33 ch. 170 21-2 335.065 Apg. I3, Art. IV, 17D.01 Ch. 24 § 36-29. i ch. 175 2-187 337.19 29-2 175A61([7) 2-169 337.401 29-2, 29-3 175.071(1) 2-166 29-5[a), (e) Supp. No. 46 2$19 Section 337.401(3) 337.403, 337.404 342.03 362.01 364.02 ch. 373 ch. 380 380.04 383 ch. 394 ch. 400 ch. 401 ch. 402 402.302(4), 402.302(53 413.08 ch. 419 ch. 472 ch. 480 ch. 495 ch. 553 553.73 553,73(2) 561.01 561.01 et seq. 563.01 664.01. 565.01 62s.9o1 633.36 833.025 633.0215 ch. 650 650A2 658.12 ch. 760 768.28 775.D82, 775.083 794.011 800.04 827.071 oh. 847 847.0145 hTOEiTf-I PAL.,LI BEACH GOI71; Section this Gocle 29-6(a) 28-3 29-7 Ch. 5 29-2 28-3 19-200 21-44 App. I3, Art. II, § 36-10 21-103 App. G, § 45-2 App. C, § 45-2 App. C, ~ 45-2 11.5-21 App. C, § 45-2 App. C, § 46-34.1 Section 870.041 870.44 870.45 872.05 943.10(6) 943.10(8) 943.14 943.25(133 17-33 4-27(d) 17-33 App. C, § 45-2 App. B, Art. I, 36-6 App. C, # 45-2 1-10 5-16 6-i54 11-11 6-2 3-1 Ch. 3 3-1 3-1 3-1 2s-12(a) 2-159 12-16 12-16 Ch. 2, Art. ir, ])iv. 2 2-136 2-138 2-4(q) App. C, ~ 45-2 29-12(d) 2-169(f) 2-256 19-31 15-31 19-31 App. C, § 46-20 19-31 Ssetlan this Gode 8-2I 8-22 8-22 2-104 2-159 2-159 2-169 1-9 e. [The next page is 2869] Supp. No. 46 `Z$`~Q CaDE COI~IPAkLA`i`IVE TABLE Adoption Section Ord. Na. Bate Section this Code 8 19-22I 9 29-5fa) 10 App. C, § 45-20(9), (10) 11 App. C, § 45-36 Q(5) 2007-03 3-11-07 2 Added 21-48 2007-03 2- 8-07 2 6-17 2007-10 4-12-07 1 2-524x) 2 2-54(33 2007-13 7-12-a7 1, 2 2-1 2007-16 10-2.5-07 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-b7 2 Rpld 9-16-9-21 3 9-16-9-19 2007-21 12-13-07 2 14-30(2) 2008-b1 i-10-OS 2 6-115fF) 2008-U2 1-10-08 2 2-148 2008-03 1-2408 2 10-5 DItd 1U-6-1D-8 Rn6d 10-9 ~S 1a-s Dltd is-10 R.nbd 1a-13 as la-7 4 RpId 10-58-10-64 3 1a-76 RpId 10-77 2b08-04 1-24-08 2 5-83 ~-85 200$-06 2-28-08 2 Added 19-i1 2008-a7 4-10-08 2 36-23 2aa8-a9 8-28-68 APA- D 2008-1.5 10-23-OS 2 Rpid 14-37-14-52 3 Rpld 14-79-14-83 Added 34-79-14-83 2a08-16 10-23 a8 2 14-30 20x8-17 11-13-a8 2 2-4 'LOOS-18 11-13-08 2-5 2-159-2-162 2U09-Ol 1- 8-09 2 Added 14-31 2U09-02 1-22-09 2, 3 fi-111, 6-7.12 4 6-114 6 6-i15 2009-U3 1-22-09 2 9-17(a) 2009-04 4-2309 2 App. C, § 45-2 3 App. C, § 45-19 1~. 4 App. C, § 45-27 A-1. Added App. C, § 45-27 F. 2009-05 5-14-U9 2 Added 15-11-15-18 2aU9-U06 6-11-a9 2 4-27, 4-28 4 31, 4-32 2009-07 7-23-09 2 17-33 2009-U9 7-23-09 2 1479 2009-11 9-10-2009 2 Added 2-251-2-256 2009-15 9-24-2409 2 ].2-16, 12-17 Added 12-18 i;upp. ~Ia. 46 2891 ivol~~x ~~r..~~z 1~~.~cx coal; Adaptian Section Ord. IYo. Date Section this Code 2009-1fi 11-12-09 2 21-3 3 5-86 4 6.111(E)(3), (4) 6 21-21(g) 6 App, C, § 45-36.1.VII 7 App. C, §§ 45-49, 45-50 2010-O1 1-1410 2 2-169 3 2-161(e)(10)c. 4 2-162 5 2-164(a) 6, 7 2-365, 2-165 S, 9 2-I68, 2-169 2010-02 1-28-10 2 I]ltd 6-112(L) ltnbd 6-112(M)-(a) as (Ll---(Id) 2610-03 1-28-10 2 5-1 9 R,pld 6-15 4 5-25 c, [7.~ie xxext page is 2933) Supp. No. 46 2892 col~li; INDI;.Y Section Section PENSIONS AND Rb.~IRI:NIENT (Cant'd.) PENSIpN$ A~~1D II,ETIRENILNT (Cont'd.) Trustee and contact person......... 2-174.14 Refund of contribution .. - ....... 2-14$(81 Veating provisions, schedule of ..... 2-174.8 Retirement benefit ...... . ....... 2-148[.b1 Village contributions............... 2-174.9 Retirement date ... . .... . ....... 2-148(a1 Pension and certain other benefcts for Termination of employment... - .. 2-148(€1 fire and police employees Benefit plan nn. 2, optional (cost of Senelit amount.9 living adjustment).. , -........ 2-158.1 Cost of living ................... 2-16I{g) Benefit plan, optional IJisability retirement.......... - . 2-I61(e} Applicability to employees .. - .... 2-158(x) Early retirement ................ 2-161(b1 Member contributions Formula ....................... 2-161(c) Amount..-.........--........ 2-155{d)(1) Limitation ori ................... 2-161{h) Duration......-.............. 2-158{d)(2) Normal retirement benefit....... 2-161(a) Interest .. . ................... 2-155(d)(3) Preretirement death ............ 2-161(4) Retirement benefit .............. 2-1a8fc) Termination benefits and vesting. ~16I(f} Retirement date ................ 2-158(bj Board of trustees Definitions ................... .... . 2.146 Bring and defend lawsuits Discharged raembera .............. 2-156(a) Powers ............_.....,... 2-164{e) Incompetents ..................... 2-156(d) Composition ................. . .. 2-164(x) i4lembership Forfeiture of membership onboard Application for membership - .... 2-147(b) for absenteeism............ 2-164fb1 Change in designation of benefi- Meetings ....................... 2-164(d1 ciary........ .. 2-I47(c) Power and authority ............ ~-166 Conditions of eligibility......... - 2-147{a) Reports and records ............. 2-164(c) Nonassignability .................. 2-156{b) Contributions Normal and optional farms of bene- Employer ...................... 2-I63Cc) fits.......................... X149 Forfeitures ..................... 2-168fd} Pension validity...--..-.-......... 2-156(c) iYlsmber . .......... . . ........... 2-163fa) Repeal or termination of system .... 2-155 State ........................... 2-163(b) Retirement board Definitions- ..... - - • . . ............. 2-159 Additional rules and regulations Direct transfers of eligible rollover authorized ................ 2-152 distribution .................. 2-170 Established..-.................. 2-151 Discharged members .. . ........... 2-169(x) Investing funds; custodian of secu- l+alse, misleading statements made cities ...................... 2-L.ri3 to obtain retirement benefits paths of office; meetings; quorum 2-154 prohibited ........ . .... . .... . 2-169(f} Social securit ... y .................... 2-136 et se q. Incompetents ......... . ........... 2-169(4) See: SOCIAL SECURITY Insurers, tax on ................... 2-167 Volunteer firefighters, length of service Membership awardplan for. See herein: Length Application for membership ..... 2-164fb) of Service Award Plan fur Volun- Buy bark of previous service.. - .. 2-164(d) teen Firefighters Changes in designation of henefi- ciary ..... ................. 2-164(c) PERMITS. See: LICENSES AAFD PER- Conditions of eligibility.......... 2-160(a) MITS Nonassignability . . ................ 2-169fb) Number and gender ...... . ........ 2-169(e) PERSpN pptianal forms of benefits.......... ~_1gZ Definitions and rules of constriction .. i-2 Pension validity ................... 2-169(cJ PIERS Prior service ...................... ' 2-165 Docks and piers, construction require- Repeal or termination of plan ..... - 2-168 meuts re ....................... 5-81 et seq. Tax on insurers ............ ....... 2-167 See: BpATS, DOCKS AND WATEkZ- Pen_sion and certain other bexxefits far YVAYS general employees Bargaining unit employees ......... 2-I56(e) PLANNING ANI] DEVELOP}41EN'1` Benefit amounts and eli~ribility Appearance plan (AppendixA). See that Direct transfers ofeligible rollover subject distribution .... . .... . .... . 2-157 Archaeological site protection regula- Early retirement ................ 2-148(d) tion.s .............. - - ... - ....... 21-141 et seq. Late retirement . ..... . ..... . .... 2-14fi(c) See_ ARCIIAEpLpGICAL SITE PIZp- Preretirement death ............ 2-148(e) T1;tCTIQN Supp. No. 4fi 2949 NOItTIi PALM BEACH CODE Section Section PLANNING AND DEVELOPMENT PLAIV1YIAlG AND DEVELOPMENT (Cont'd.} (Cont'd.) ~ Board of adjustment Public facilitg adequacy, review to "Composition; conduct generaljy determine ........:........ 2i-47(c) Administrative orders, review of . 21-21(d) Short title ....................... , 21-41 Created ........................ 21-21(a) Filing fees and costs for voluntary an- Decision o£administrative official, nexation of land appeals to board from .... - . 21-21(e) Enactment and authority ....... _ .. 21-2(a} ....... Hearing o£ appeals ....... 21-21(} g Fees: a I~eation .................. pp ' - 21-2(c) Judicial review of decisions of board 21-21(h} Jurisdiction ....................... 21-2(b) Membership; terms; alternate; com- Planning commission, advice of. _ ... 21-2(d) pensation .......... . ...... 21-21(b) Public notice requirements for develop- Powers and duties .............. 21-21(c) went applications anal approvals Sta of work and rocee ' son Y P Generall ........ Y ................. 21-3(a) appeal .................... 21-21(t) Mailing requirements- ......... - ... 21-3fb) Community development department Newspaper requirements .......... 21-3fd) ', Planning division ................. . 2-112(3) Posting requirements ....... , ...... 21-3fc) Comprehensive plan ~ Stormwater management ............. 21-61 et seq. Adoption .......................... 21-01 See: STORM WATER MANAGE- ~ling fees and costs for changes MENT Enactment and autlioritp...... - . 21-1(a) Subdivision regulations .............. 36-1 et seq. Fee; application ................. 21-1(c) See: SUBDIVISIONS (Appendix B) Jurisdiction .................... 21-i(b) Zoning regulations ................... 46-1 et seq. Planning commission, advise of .. 21-1(d) See: ZONING (Appendix C) Concurrency management Adequate public facilities available PLAaNNING COMMISSION to service development........ 21_45 Composition; conduct generally -- -- AppIication ....................... - - 21-42 Created ............... . ........-.. --~1=11(x) -- Definitions ........................ 21_gl Meetings ..,---• .................. 21-I1(c) Intent and purpose Membershi .... P ........~......... 21-11(b1 Comprehensi veplan,implementa - Powers and duties ................. 2I-il(d) _ _ tion of .................... 21-43(a) Zakling ordinances, changes to ........ 21-12 Managemantlmonitoring and rag- PLATS. See: SURVEYS, MAPS AND - ulatory program, establish- p~Tg went of 21-43(b) Minimum requirements ........ . 14lanagemant and monitoring pro- gram Amendments to CIE and annual budget, recommendations on Annual public facilities update re- port ....................... Generally ...................... Proportionate fair-share pragxam Applicability ................... . Application process ............. Appropriation of fair-share reve- nues ...................... Determining proportionate fair- share obligation ........... General requirements ...... , ... . Impact fee credit for proportionate fair-share mitigation ...... . Intergovernmental coordination. , Proportionate fair-share agree- ments ..................... Purpose and intent ............. Regulatory program Exemptions .......... . ........ . Generally ...................... 21-43(c) PLAYGROUNDS. See: PARKS, -PLAY- GROIJNDSAND IjJ;CREATiON POLICE Court cost 21-4fi(c) Assessment of additional court casts far criminal justice education 21_g6(b) e}cpenditures ................. 1-9 21-4G(a) Department of public satiety, provisions re police division ......:......... 2-76(b) 21-48(b) See: PUBLIC SAF'ETY~ DEPART- 2I-48(e) MENT Fire division, provisions re police assis- 21-48(i) fence .......-.. ....... 12-43 Impersonating police officer ......:... 19-8 21-~18(f) Pension and certain other 6enefts for 21-48(c) fire and police employees ....... ~. 2-159 et seq. See: PENSIONSAND RETIREMENT 21-48(g) Reserve force 21-48(d) Application for membership ........ 23-43 Compensation ..................... 23-50 21-48(h) Created;Purpose .................. 23-42 21-48(.a) Director of pubiie safety, appoint- ment to serve by ............ . 23-45 21-47(b) Oath required ..................... 23-47 21-47(a) Powers and duties ................. 23-~18 Supp. Na. 4S~~rjQ COf~E INDEX Section POLICE (Cont`d.) Reserve list to be maintained ...... 23-44 Resignation ....................... 23-48 Uniforms and insignia ............. Z3-49 X'OLLt7fiIODl Smoke, dust, odors, liquids, etc........ 19-9 Starmwater management provisions re pollutant loads ..............,.. Z1-6? Waterways, pollution of ....... . ...... 5-13 Wellfield protection Regulation of business activities with potential to contaminate land and water resources.......... 19-22I 1'R1ICEDIi~1G, FOLLOWING Definitions and rules of canstruction .. I-2 PROI?ADTITY Vulgar language prohibited in public places .......................... I9-85 Section Supp. No. ~5 295©.~ coDE trlnEX Section Section PROPER7`Y PUBLIC WORDS DEPARTMIaNT Abandrmed real property Director's duties . . ............ . ......... 2-84 Additional authority ...... . ........... 15-18 Divisions Applicability .... ..................... L5-13 Division of facility and fleet mainte- DefiHitinns ........................... 15-12 Hance................ _.......... 2-85(1# Immunity of enforcement officer....... 15-I7 .Refuse disposal . . .......... . .......... 2-8512} Maintenance requirements...,........ 15-15 Street maintenance ................... 2-85(3) Purpose and intent ................... 15-11 Registration of abandoned real property 15-14 R Security requirements ................ 15-1& Abatement of public nuisances on private RABIES CONTROL property ......................... .. q. 14-79 et se Provisions enumerated .......... . ....... 4-42 et seq. See: NUISANCES See: ANIIVIA.I,S AND FOWL Appearance plan (Appendix A). ,see tkat RADIOS subject Noise control ... -... .... 19-104 Boats, docks and waterways; unlawfully Police division, ISravisians re radio mainte- anckvred or moored vessels Hance ............................. 2-76[h)(fi) Unclaimed vessel to he sold; certi$ca- tion of sale ...................... 5.22 R);ASONABLE TIIVIL Definitions and rules of canstruetion .. - .. 1.2 Definitions and rules of canstrnction ..... 1-2 Dogs on property of others ............... 4-2$fb) RECORDS. See: DOCUI~II!.NTS AND PUB- lnsurance excise taxes; property insurance L1C RECORDS premiums ....................... .. 26-17 Noise from property ............... . . .... 19-102 RECREATION. See: PARK, PLAYGROUNDS Subdivision regulations ................. 36_1 et seq. AND RECREATION See: SUBDIVISIONS (Appendix B) RiJk'USIi. See: GARBAGE AND TRASH LJnautkorized camping ar lodging on public or private property . . ......... . .... . 19-11 RESTROOMS Weeds and brush ...................... . 14-79 et seq. Parks and recreation facilities; failure to See: WEEDS AND BRUSH cooperate in keoping restrooms neat or sanitary ........................ ZO-2 PUBLIC FLACES. See: STREETS, SID1/- WALKS AND PUBLIC: PLACES Rlll'IRIaMENT. Sae: P1;NSIOAIS AND RE- TIREMENT PUBLIC; I',.LCUIiDS-See. DC1C CJTvtIJN 1'S AND PCJIiLIC R~.COI2DS S P1II3LIC SAFE`1'Y DEPARTMENT SAND DUl~FLS Boats, ducks and waterways; nnlawfully Flood damage prevention provisions.. - ... 1.2.5-45 anchored ar moored vessels Departrneut of public safety to impound 5-19 SANrI41TfON• See: HEALTLI AND SANITA,- Director's duties TION Designate instructor ........ . ......... 2-75(2) SCHOOLS Make assign rraenlrs .................... 2-75(1) Coin-operated amuseanents; proximity to Divisions ackools restricted .................. I9-4 hire Fire fighting .. . .................... 2-76(c)f3) SEAWALLS Fire prevention ............. . .... . . 2-7fife)(4) Bulkheads and seawalls, construction re- lylaintain equipment ............... 2-76(c)(2) quirements re . , ................. - . 5-69 et seq. Report losses ...................... 2-76(c)(1) See: BOATS, DOCKS AND WATL<'R- Generally .... . ......... . ... . . ..... . .. 2-76(a) WAYS Police S11XlJAL OI'hENDERS AND SEXUAL PIdED- Crime prevention .................. 2-76{b#{3)~ (~I) fiT[}li5 investigation ................ . .... . 2-76(hjf3) Sexual oFfendor and sexual predator resi- PatroL ............................ 2-76(6)(2} donee prohibition .,-....--. ...-.., 19-31 Radio---• ......................... 2-76(h)(5) Records ................ . .......... 2-76{b){1) SEXUALLY-ORIENTED UNTLR'LA1NNi12Ti7'1' `l~•affic ..........:................. 2-76(6)(5) Adult entertainment establishments l;mergency medical services ............. 11.5-21 et seq. Zoning regulations re. See: ZONIA7G (Ap- See: ijMERCrENCII;S perxdix C) Supp. No. 4I 2951 NORTI3 PALM[ BEACH CODE Section Section SHALL, MAY STOIxM4STATER MANAGEMENT (Cant'd.) Delnitions and rules of construction ..... 1-Z Applicability ............................ 21-61 Design ... .............................. 21-61 SLIRUBl3)t;PY, See: TREES AND BHItUIi- +I~'nished floor of structures, level of ...... 21-fi3 BJ;ItY Oh'ectlves of s stem desi J Y gn .............. 21-85 SIDEWALISS. See; STREET, SIDEWALKS Open channels and outfall ditches........ 21-66 AND PUBLIC PI.ACI;S Past development runocx rates, volumes and pollutant loads ................ 21->7 SIGNAL, Dl;V1CE5 Storm drainage facilities generally ....... 21-64 Noise control ........................... 1.9-108 Stnrmwater retention systems ........... 21-69 SIGNATURE, SUBSCRIPTION Streets Definitions and rules of construction ..... 1.2 Minimum street grades ............... 21-62 R.nadfiide Swale5...... ~ ............... 21-6~ SIGNS AND BILLBOARDS ,5`i16d1V]al0I1S, requlTP.d ZmpTOVement4 re .. ~fi-33 Code enforcement board, applicability re.. 2-173 Water quality ............... .. 21-70 Country ciu6; provisions re signs.. , ...... 9-2 Zoning; surface water management Outdoor displays. See herein: 546ms and C-3 Regional Business District . , ...... 45-34.].(8) Outdoor Displays Parking in violation of signs ............. 18-36 $TI:tEETS, SIDFW,ALIf,S AND pUL3L3G Parks, regulations re traffic signs ........ 20-fi(3) PLACES Signs and outdoor displays Code enforcement hoard, applicability.re.. 2-173 Construction standards . .. . ........... 8-117 Definitions and rules of construction ..... 1-2 Desigll sfarldards ...... . .............. 6-137 Dogs on streets and sidewalks ........... 4-28(a) Exempt sigxis ........................ fi-112 Excavations Locatzoz~.standards ................... 6-117 1}efinition......................,..... 24-Ifi Ivleasurement determinations .... - .... 6-116 Equipment tc be guarded ....... . .... . 24-18 Permitted permanont accessory signs .. 8-115 Liability of village .................... 24-20 Permitted temporary signs ............ 6-114 permits Prohibited signs ...................... fi-133 Fees .............................. 24-29 Provisions generally .................. 8-111 Required,...... ................... 24-28 Purpose and scope of regulations...... 6-110 Protective measures .................. 24-19 Severability ... . .............. . ....... 6-7.18 ltofilling, tamping by excavator........ 24-17 `Coning Resurfacing loy village ................ 24-17 C-3 Regional Business District ........ 45-34.3(7) Handbills; distribution restricted......... 19-7 SOCL4L SECURITY Hitchhiking prohibited .................. 19..g Agreement authorized ................... 2-338 Landscaping............................ Z7-31 of seq. Appropriations by village ....... . ...... . . 2-140 See: I.AIVDSCApING Declaration of po3icy .......... . ......... 2-138 Missiles, throwi .. ~; ................... . 19-83 Exclusions from coverage ................ 2-137 Motor vehicles and traffic ............... 18-16 et seq. Records and reports ..................... 2-141 See: MOTOI{ VEFIICLIJS AND TRAE- Socialsecurity act adopted .............. 2-143 FIC Withholding and reporting agent....... , . 2-142 Obatrul;ting passageway ................. 19-47 Wit111zolding from wages ................. 2-139 Profanity; vulgar language prohibited .... 19-65 Public works department SPIT'1'1NG Streets maintenance division.......... 2-85(3) Spitting in public places prohibited....... I9-5 Sidewalks and driveways SPORTS .Dangerous or abandoned driveways.... 24-46 Golf advisory board ......... ..... . ...... 9-lfi et seq, Perfoxrnance o£ work by village upon See: GOLF AI)VTSORY BOARD #'ailure nf' complianoe ....... . ..... 24-47 Permits STATE Driveway construction Definitions and rules of construoti.on ..... 1-2 .P,pplicatinn; in£ormatinn requirod. 24-58 Prohihited in cerfain instances ... 24-57 STENCPI BOMBS Required .............. .:........ 24-56 Excepted uses .......................... 19-82(c) Fossession prohibited ................... 19-82(b) Separate permits required for drive- Throwin or de asitan , , , , , g p g ............. 19-82(a) ways and sidewalk construction 24-55 Sidewalks STOIt&1WA)?ER NIANAGE11+lEN'I` Constructed required in cextain cases 24-41 Adoption ...................... . ........ 21-61 Exceptions to requirements......... 24-42 Supp. No. 41 2952 Core rNnl;x Section STREETS, $1DEWALKS Al*i- PUBLIC PLACES fCant'd.) ~peCiflCtltianS Briveways ......................... `L4.43(c} Generally ......................... 24-43(a) Sidewalks ......................... 24-43(b3 Village engineer, driveways to be con- structed under supervision of..... 24-44 Smoke, dust, odors, liquids, etc........... 19-9 Spitting in public places prohibited....... 19-5 Section Supp_ No. 41 295,1