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HomeMy WebLinkAbout04-23-2026 VC REG A with attachments VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA VILLAGE HALL COUNCIL CHAMBERS THURSDAY, APRIL 23, 2026 501 U.S. HIGHWAY 1 6:00 PM Lisa Interlandi Orlando Puyol Susan Bickel Deborah Searcy Kendra Zellner Mayor Vice Mayor President Pro Tem Councilmember Councilmember Chuck Huff Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk INSTRUCTIONS FOR “WATCH LIVE” MEETING To watch the meeting live please go to our website page (link provided below) and click the “Watch Live” link provided on the webpage: https://www.village-npb.org/995/16543/Watch-Meetings-Live?activeLiveTab=widgets ROLL CALL PLEDGE OF ALLEGIANCE ADDITIONS, DELETIONS, AND MODIFICATIONS TO THE AGENDA AWARDS AND RECOGNITION 1. Proclamation - Municipal Clerks Week COUNCIL BUSINESS MATTERS 2. RESOLUTION ACCEPTING ELECTION RESULTS 3. ADMINISTRATION OF COUNCILMEMBER OATH STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item under Statements from the Public. Time Limit: 3 minutes Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chambers) and submit it to the Village Clerk prior to the beginning of the meeting. 4. APPLICANT INTRODUCTIONS FOR VILLAGE BOARDS AND COMMITTEES 5. RESOLUTION Appointing Members to Village Boards and Committees Regular Session Agenda, April 23, 2026 Page 2 of 2 REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS 6. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2026-05 – CODE AMENDMENT – CONTROL OF ACCESS TO VILLAGE-OWNED, CONTROLLED, AND LEASED PROPERTY Consider a motion to adopt and enact on second reading Ordinance 2026-05 amending Article I "In General," of Chapter 19, "Offenses and Miscellaneous Provisions," to adopt a new Section 19-14 "Control of Access to Village-Owned, Controlled, and Leased Property," and a new Section 19-15, "Trespass Warnings on Public Property and Other Property Generally Open to the Public." OTHER VILLAGE BUSINESS MATTERS COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS VILLAGE MANAGER MATTERS/REPORTS ADJOURNMENT If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. VILLAGE OF NORTH PALM BEACH OFFICE OF THE VILLAGE CLERK TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Jessica Green, Village Clerk DATE: April 23, 2026 SUBJECT: RESOLUTION – Accepting and declaring the results of the March 24, 2026 special election and April 7, 2026 special run-off election Through the adoption of Resolution No. 2025-63 on December 30, 2025, the Village Council declared a vacancy on the Village Council and scheduled a special election to fill the Council vacancy for March 24, 2026. Article V (“Qualifications and Elections”) of the Village Charter provides as follows: Section 4. General and runoff election. Whenever a general or special election is held to fill any elective office in the Village of North Palm Beach, the candidate receiving a majority of the votes cast at such election to fill such office shall be declared to be duly elected provided that in the event no candidate for a particular elective office shall receive a majority of the votes cast at such election to fill such office, then a runoff election shall be held two weeks after the original election to elect a candidate to fill such office; p rovided further that in such event only the names of the two candidates having received the greatest number of votes in the election for such office shall be submitted to the voters and the one receiving the majority number of votes in such runoff election shall be declared to be duly elected to such office; provided further that should two or more candidates receive an equal number of votes to any such office, so that it cannot be determined which two had received the greatest and the next greatest number of votes, then the names of all such candidates shall be submitted at the runoff election and the candidate receiving the greatest number of votes at such election shall be declared elected to such office, regardless of whether such candidate received a ma jority of the votes cast to fill such office at such runoff election .” Because no single candidate received a majority of the votes at the March special election, the Village conducted a special run-off election on April 7, 2026 between the two candidates receiving the highest number of votes in the special election. The official results of the special election held March 24, 2026 and the official results of the run- off election held on April 7, 2026 are attached. The attached resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff recommends Council consideration and approval of the attached Resolution officially accepting and declaring the results of the March 24, 2026 special election and the April 7, 2026 special run-off election. Page 1 of 2 RESOLUTION 2026-___ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING AND DECLARING THE RESULTS OF THE MARCH 24, 2026 SPECIAL ELECTION AND THE APRIL 7, 2026 SPECIAL RUN-OFF ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 24, 2026, the Village of North Palm Beach held a special election in accordance with all applicable Village and state law requirements for the purpose of electing a Councilmember to fill a vacancy for Group 4 on the Village Council; and WHEREAS, three candidates qualified for Group 4 during the time required for the filing of a Notice of Candidacy and the names of these candidates were placed on the ballot and submitted to the electorate; and WHEREAS, because no single candidate received a majority of the votes for Group 4 at the special election, the Village conducted a special run-off election on April 7, 2026 between the two candidates receiving the highest number of votes in the special election; and WHEREAS, the Village Council wishes to officially accept and declare the results of the March 24, 2026 special election and the April 7, 2026 special run-off election. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing “whereas” clauses are hereby ratified and incorporated herein. Section 2. The Village Council accepts that the following are the results of the special election held on March 24, 2026: For Village Councilmember, Group 4: David B. Norris 1,127 Ron Okolichany 1,138 Kendra Zellner 1,195 Section 3. The Village Council accepts that the following are the results of the special run-off election held on April 7, 2026: For Village Councilmember, Group 4: Ron Okolichany 1,289 Kendra Zellner 1,328 Page 2 of 2 Section 4. Based on the foregoing results, the Village Council hereby declar es that the following candidate is elected as Councilmember for Group 4: For Village Councilmember, Group 4: Kendra Zellner Section 5. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 23RD DAY OF APRIL, 2026. (Village Seal) MAYOR ATTEST: VILLAGE CLERK APRIL 23, 2026 APPLICANT INTRODUCTIONS FOR VILLAGE BOARDS NAME BOARD(S) Gene Bates Environmental Committee David Joseph Colangelo Environmental Committee Karen Marcus Environmental Committee Dana Sklar Environmental Committee Brian Grove Planning, Zoning and Adjustment Board Hunter Hansen Planning, Zoning and Adjustment Board Tom Hogarth Planning, Zoning and Adjustment Board Mark Michels Planning, Zoning and Adjustment Board R. Marty Minor Planning, Zoning and Adjustment Board Carlos Valentin Planning, Zoning and Adjustment Board David Balfrey Recreation Advisory Board Rita Budnyk Recreation Advisory Board Stephen Heiman Recreation Advisory Board ENVIRONMENTAL COMMITTEE APPLICANTS PLANNING, ZONING, AND ADJUSTMENT BOARD APPLICANTS RECREATION ADVISORY BOARD APPLICANTS VILLAGE OF NORTH PALM BEACH OFFICE OF THE VILLAGE CLERK TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Jessica Green, Village Clerk DATE: April 23, 2026 SUBJECT: RESOLUTION – Appointing members to the Environmental Committee, Planning, Zoning, and Adjustment Board and Recreation Advisory Board. In accordance with Chapter 2, Article 1 of the Code of Ordinances, the Village Council may appoint citizens as members of its Boards to serve at the pleasure of the Council. There are seven (7) vacant positions on three (3) Village Boards to be filled; appointees will serve 2 year terms. Requests for volunteers were advertised in the Newsletter, on the Village website and in social media. The Village Clerk received 13 applications for positions on the 3 boards that have openings. The 2026 Advisory Board Applicants Report is attached for Council consideration. The report details the positions to be filled and applicants requesting appointment. The term of appointment varies, depending on the Board, and the Village Council may modify the duration of a member’s term at the time of appointment in order to provide for staggered terms. Applicants will have the opportunity to introduce themselves to Council and Council will have the opportunity to ask the applicants questions during Item 6A, Statements from the Public. The introductions will be followed by the selection of members and approval of the resolution. The attached resolution has been prepared/reviewed by the Village Attorney for legal sufficiency. There is no fiscal impact. Recommendation: Village Administration recommends Council consideration of the applicants , selection of board members by ballot, and adoption of the proposed Resolution. Page 1 of 2 RESOLUTION 2026-___ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE ENVIRONMENTAL COMMITTEE, PLANNING, ZONING AND ADJUSTMENT BOARD AND RECREATION ADVISORY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Chapter 2, Article I of the Village Code of Ordinances, the Village Council may appoint residents of the Village as members of Village advisory boards to serve at the pleasure of the Village Council, subject to the terms and conditions set forth therein; and WHEREAS, the Village Council wishes to appoint Village residents to serve on the Village Environmental Committee, the Planning, Zoning and Adjustment Board and the Recreation Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The following persons are hereby appointed to various Village Boards and Committees for the terms commencing May 1, 2026 and expiring as indicated below: ENVIRONMENTAL COMMITTEE April 30, 2028 April 30, 2028 April 30, 2028 PLANNING, ZONING AND ADJUSTMENT BOARD April 30, 2028 April 30, 2028 RECREATION ADVISORY BOARD April 30, 2028 April 30, 2028 April 30, 2028 Page 2 of 2 Section 2. The Village Clerk is hereby directed to send a conformed copy of this resolution to the members appointed above. Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 23RD DAY OF APRIL, 2026 (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH 2026 BOARD APPLICANTS Current openings and applicants for the Environmental Committee, Planning, Zoning, & Adjustment Board and Recreation Advisory Board are listed below. The Village Council may appoint new members or reappoint incumbents at its discretion. The term of appointment varies, depending on the Board and the Village Council may modify the duration at the time of appointment in order to provide for staggered terms. Environmental Committee 3 Seats 2 year term Requirements Village Resident 4 Applicants Gene Bates David Joseph Colangelo Karen Marcus (Incumbent, No absences) Dana Sklar Planning, Zoning & Adjustment Board 2 Seats 2 year term (1 Civil Engineer, 1 need not be any particular business or profession) Requirements Village Resident; 1 Land Use Planner or Architect; 1 Architect; 1 Civil Engineer; 1 Person engaged in business in NPB; 3 members need not be any particular business or profession 6 Applicants Brian Grove, P.E. (Civil Engineer) Hunter Hansen (Hotel Manager) Tom Hogarth (Incumbent, Civil Engineer, No absences) Mark Michels (Incumbent, Retired Physician, 1 absence) R. Marty Minor (Retired Urban Planner) Carlos Valentin (Attorney) Recreation Advisory Board 2 Seats 2 year term Requirements Village Resident 3 Applicants David Balfrey Interested in 3 boards Recreation Advisory Board #1, Planning, Zoning and Adjustment Board #2, Environmental Committee #3 Rita Budnyk (Incumbent, No absences) Interested in 2 boards Recreation Advisory Board #1, Environmental Committee #2 Stephen Heiman (Incumbent, 1 absence) VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: April 23, 2026 SUBJECT: ORDINANCE 2nd Reading – Amending Chapter 19 of the Village Code of Ordinance to adopt a new Section 19-14 governing control of access within enclosed Village facilities and new Section 19-15 providing for the issuance of trespass warnings on public property. Many municipalities throughout the country have been confronted with First Amendment audits, where individuals attempt to enter and remain in municipal facilities to record employees, officials, and operations or to engage in other expressive conduct. Sometimes such individuals appear on the street and confront on-duty law enforcement officers, while other times they enter a city hall using cell phones to record government employees while simultaneously making demands for public records and disrupting the work environment. While the Village recognizes that individuals possess the First Amendment right to free speech and other means of expression, this right does not guarantee unrestricted public access to municipal facilities at all times. The location of such conduct matters because courts have explained that the degree of protected First Amendment rights will vary depending on: (1) where those rights are being exercised; and (2) the municipality’s ordinary, intended use of that location. The attached Ordinance adopts a new Section 19-14 of the Village Code to regulate the conduct of individuals entering municipal facilities utilizing location-based categories and to authorize the Village Manager to manage public access to enclosed Village-owned, controlled, and leased property. The Ordinance is modeled after a similar municipal ordinance that was upheld by the courts. Once the location is classified, the Village Manager is authorized to separate designated public forums from non- public forums through the use of physical barriers and signage and to regulate and control public access to provide for the security and privacy of both public visitors and Village employees and to minimize potential disruptions to the work of Village government. The Ordinance classifies the various locations within enclosed Village-owned, controlled, or leased facilities and provides as follows:  The Village Council Chambers and the Village Hall Conference room are designated as non- public forums unless and until a public meeting is convened pursuant to public notice. Additionally, all Village employee work areas within Village Hall, the Village Library, the Public Safety Building, the Community Development Department offices, the Public Works building, the Community Center, and the Anchorage Park Activities Building are deemed nonpublic forums. Members of the public are prohibited from entering into Village employee work areas without being escorted by a Village employee.  All other areas of these facilities are designated as limited public forums and only persons who are present to engage in legitimate public business shall be authorized.  If a person is within a nonpublic forum or a limited public forum without authorization and refuses to leave after being requested to do so, the person shall be considered a trespasser and Village law enforcement officers, at their option or at the request of the Village Manager, may issue a trespass warning notice.  Recording video and/or sound within Village facilities is prohibited without the consent of the all persons whose voice or image is being recorded. This restriction shall not apply within the Village Council Chambers, the Village Hall Conference Room, or any other facility at which a public meeting is being held pursuant to public notice. If a person refuses to cease the unconsented video or audio recording after being requested to do so, the person shall be considered a trespasser and Village law enforcement officers, at their option or at the request of the Village Manager, may issue a trespass warning notice.  The Village Manager or designee has cause to remove any person who violates any Village rule or policy, including the facility rules, or any directive on any sign or notice at a Village facility.  The Ordinance adopts the following rules applicable to the interior spaces of all Village-owned, controlled, or leased buildings (which may be posted in proximity to public entrances): (1) Engaging in any conduct prohibited by federal, state, or county law or by Village ordinance. (2) Possessing any weapons, except as specifically permitted by law. (3) Smoking, chewing tobacco, use of e-cigarettes or vaping devices, or carrying any lighted or smoldering pipe, cigar, or cigarette. (4) Disruptive, harassing, or unsafe behavior, including conduct which interferes with village employees or village officials in the performance of their duties, or interferes with the proper use of the Village facility by others. (5) Abusive or harassing behavior, including the use or display of obscene language, gestures, or graphics. (6) Blocking entrances, exits, fire exits, access areas, or otherwise interfering with the provision of services or the use of Village property. (7) Entering or remaining in nonpublic areas without authorization. (8) Any act which could result in substantial risk of harm to persons or property. (9) Disrupting village business, events, or other Village sponsored or authorized activities. (10) Leaving unattended packages, backpacks, luggage, or other personal items (any such items are subject to immediate confiscation). (11) Possession of illegal drugs. (12) Posting or affixing to Village property without permission from the Village Manager or the Manager’s designee, any signs, leaflets, posters, flyers, pamphlets, brochures, and written, pictorial or graphic material of any kind. (14) Tampering with or unauthorized use of building or facility systems or devices, including electrical, plumbing, locks, doors, or cameras. (15) Remaining in a Village building after posted hours of operation or after the conclusion of an authorized “after hours” public meeting or event. The Ordinance also adopts a new Section 19-15 of the Village Code to prescribe the method for the issuance of trespass warnings for individuals who violate state law or Village ordinances, rules, and regulations on Village property. The Village is legally required to provide such persons an opportunity for a hearing to address the alleged deprivation of any constitutionally protected liberty interest.  A trespass warning may be issued by the Village Manager or a Village law enforcement officer and shall be limited to the specific property where the violation occurred, including both enclosed Village facilities and unenclosed facilities, such as parks and recreation areas.  Trespass warnings shall be in writing and issued for a period not to exceed two years, and a copy of the warning shall be provided by mail or hand delivery to the individual given the warning. The warning shall advise the individual of the right to appeal.  Any person found on Village property in violation of a trespass warning may be arrested for trespassing; however, the Village Manager may authorize an individual who has received a trespass warning to enter the specific property or premises to exercise a First Amendment right.  A person to whom a trespass warning is issued shall have the right to appeal the warning within 10 days, and such appeals shall be heard by the special magistrate. The special magistrate shall hold the hearing within 40 days. At the conclusion of the hearing, the magistrate shall issue findings of fact and conclusions of law based on the evidence presented. If the magistrate upholds the trespass warning, the appellant shall pay administrative costs.  The special magistrate’s decision may be appealed to the circuit court. The attached Ordinance has been prepared by this office and reviewed for legal sufficiency. There is no direct fiscal impact. At its April 9, 2025 meeting, the Village Council adopted the Ordinance on first reading without modification by a unanimous vote. Recommendation: Village Staff requests Council consideration and approval on second and final reading of the attached Ordinance adopting a new Section 19-14 of the Village Code governing control of access within enclosed Village facilities and a new Section 19-15 of the Village Code providing for the issuance of trespass warnings on public property in accordance with Village policies and procedures. Page 1 of 7 ORDINANCE NO. 2026-___ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN GENERAL,” OF 4 CHAPTER 19, “OFFENSES AND MISCELLANEOUS PROVISIONS,” TO 5 ADOPT A NEW SECTION 19-14, “CONTROL OF ACCESS TO VILLAGE-6 OWNED, CONTROLLED, AND LEASED PROPERTY,” AND A NEW SECTION 7 19-15, “TRESPASS WARNINGS ON PUBLIC PROPERTY AND OTHER 8 PROPERTY GENERALLY OPEN TO THE PUBLIC;” PROVIDING FOR 9 CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 10 CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166 , Florida 13 Statutes, the Village of North Palm Beach has the authority to exercise any power for municipal 14 purposes, except when expressly prohibited by law, and the power to enact ordinances in further of 15 such authority; and 16 17 WHEREAS, consistent with decisions of the United States Supreme Court, the Village may regulate 18 public access to areas within enclosed facilities owned, controlled, or leased by the Village depending 19 on whether such areas are classified as a designated public forum, limited public forum, or nonpublic 20 forum based on their intended use; and 21 22 WHEREAS, the Village Council wishes to provide regulations governing access to Village facilities 23 under the authority of the Village Manager; and 24 25 WHEREAS, the Village Council further finds that the presence of individuals who have violated state 26 law or Village ordinances, rules, and regulations on Village property creates a threat to the safety and 27 welfare of Village residents and visitors; and 28 29 WHEREAS, the Village wishes to prescribe a method for the issuance of trespass warnings for 30 individuals who violate state law or Village ordinances, rules, and regulations on Village property 31 and provide an opportunity for a hearing to address the alleged deprivation of any constitutionally 32 protected liberty interest as required by Catron v. Village of St. Petersburg, 658 F.3d 1260 (11th Cir. 33 2011); and 34 35 WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests 36 of the Village and its residents. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 39 NORTH PALM BEACH, FLORIDA as follows: 40 41 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 42 43 Section 2. The Village Council hereby amends Article I, “In General” of Chapter 19, “Offenses 44 and Miscellaneous Provisions,” of the Village Code of Ordinance by adopting a new Section 19 -14 45 and a new Section 19-15 to read as follows: 46 47 Page 2 of 7 Sec. 19-14. Control of access to village-owned, controlled, and leased property. 1 2 (a) The village wishes to regulate access to areas within enclosed facilities 3 owned, controlled, and leased by the village depending upon whether such areas are 4 classified as a designated public forum, a limited public forum, or a nonpublic forum. 5 Such designation is based on the intended use of the area. By way of example, there 6 are areas within village facilities that are intended primarily for the use of village 7 employees in the conduct of their business; there are areas which, while primarily 8 intended for the use of village employees in the conduct of their business, may from 9 time to time be utilized for the convening of public meetings; there are certain limited 10 areas which may be open to the public while engaging in legitimate business with 11 Village officers or employees; and there may be certain areas which are primarily 12 intended for the convening of public meetings. 13 14 (b) The village manager is hereby authorized to manage public access to 15 enclosed village-owned, controlled, and leased property. In the performance of such 16 responsibilities, the village manager shall have the authority to identify which areas 17 are to be considered a designated public forum, a limited public forum, or a nonpublic 18 forum. 19 20 (c) Upon the classification of areas within enclosed Village-owned, 21 controlled, and leased property, the village manager is hereby authorized, subject to 22 the availability of appropriated funds, to employ whatever means the manager deems 23 necessary and appropriate to separate designated public forums from nonpublic 24 forums, including, but not limited to the use of physical barriers and signage. The 25 village manager shall also have the authority to develop and implement procedures to 26 regulate and control public access within village-owned, controlled, and leased 27 property to provide for the security and privacy of public visitors; to provide for the 28 security and privacy of village employees and officers; and to minimize potential 29 disruptions to the work of village government, including, but not limited to, materially 30 interfering with village operations and preventing staff from performing official 31 duties. Any person who engages in conduct that causes disruptions to the work of 32 village government shall be deemed to no longer be present within village-owned, 33 controlled, or lease property on legitimate public business. 34 35 (d) The village council chambers and the village hall conference room are 36 hereby declared to be nonpublic forums unless and until a public meeting is convened 37 in such areas pursuant to public notice. All village employee work areas within village 38 hall, the village library, the public safety building, the community development 39 department offices, the public works building, the community center, and the 40 anchorage park activities building which are designated by appropriate signage as 41 work areas shall be considered nonpublic forums. Members of the public are 42 prohibited from entering village employee work areas without being escorted by a 43 village employee. All other areas of village hall, the public safety building, the 44 community development department offices, the public works building, and the 45 anchorage park activities building are hereby designated as limited public forums and 46 only persons who are present to engage in legitimate public business shall be 47 authorized. It shall be a violation of this section to be within a nonpublic forum or a 48 Page 3 of 7 limited public forum without authorization. Unauthorized persons found by the village 1 manager or the manager’s designee to be within a nonpublic forum or a limited public 2 forum and who refuse to leave the premises upon request, shall be considered a 3 trespasser. Village law enforcement officers, at their option or at the request of the 4 village manager or the manager’s designee, may issue a trespass warning notice for 5 this conduct. 6 7 (e) Except within the village council chambers, the village hall conference 8 room, and any other location in which a public meeting is being conducted pursuant 9 to a public notice, it shall be unlawful and a violation of this section to record video 10 and/or sound within village-owned, controlled, and leased property, without the 11 consent of all persons whose voice or image is being recorded. This prohibition shall 12 not apply to any law enforcement activities. In addition to being a violation of this 13 section, if anyone who is observed to be recording video and/or sound within village-14 owned, controlled, or leased property, without the consent of all persons whose voice 15 or image is being recorded, and such person refuses to cease activity after being 16 advised that such activity is prohibited under this section, such refusal shall be 17 considered to be a disruption to the work of village government. Therefore, such 18 persons shall be deemed to no longer be present within the village-owned, controlled, 19 or leased property on legitimate public business. The village manager or the 20 manager’s designee is hereby authorized to request any person who refuses to cease 21 the unconsented video and/or sound recording to immediately leave the premises. Any 22 person who refuses to cease the unconsented video and/or sound recording and refuses 23 to immediately leave the premises at the request of the village manager or the 24 manager’s designee, shall be considered as a trespasser. Village law enforcement 25 officers, at their option or at the request of the village manager or the manager’s 26 designee, may issue a trespass warning notice for this conduct. 27 28 (f) The village manager or the manager’s designee may have cause to 29 remove any person he or she determines acts in any manner which violates any village 30 rule or policy, including the facility rules, or any directive on any sign or notice at the 31 public property. The village manager or the manager’s designee is hereby authorized 32 to warn persons of this prohibited activity and request such activity to cease. Village 33 law enforcement officers, at their option or at the request of the village manager or the 34 manager’s designee, may issue a trespass warning notice for this conduct. 35 36 (g) The village manager or the manager’s designee are hereby authorized 37 on behalf of the village to warn persons who have entered into or remain in areas where 38 they are not authorized to be, and to request such persons to depart. The village 39 manager or the manager’s designee is hereby authorized to call upon village law 40 enforcement officers to treat as trespassers any persons who refuse to depart after such 41 a request has been made. Village law enforcement officers, at their option, may 42 enforce any person’s refusal to depart by means of Section 810.08 and 810.09, Florida 43 Statutes or issue a trespass warning notice. 44 45 (h) Facility rules. The following conduct is prohibited within the interior 46 spaces of all Village-owned, controlled, and leased buildings: 47 48 Page 4 of 7 (1) Engaging in any conduct prohibited by federal, state, or county law or 1 by Village ordinance. 2 3 (2) Possessing any weapons, except as specifically permitted by law. 4 5 (3) Smoking, chewing tobacco, use of e-cigarettes or vaping devices, or 6 carrying any lighted or smoldering pipe, cigar, or cigarette. 7 8 (4) Disruptive, harassing, or unsafe behavior, including conduct which 9 interferes with village employees or village officials in the performance 10 of their duties, or interferes with the proper use of the village facility 11 by others. 12 13 (5) Abusive or harassing behavior, including the use or display of obscene 14 language, gestures, or graphics. 15 16 (6) Blocking entrances, exits, fire exits, access areas, or otherwise 17 interfering with the provision of services or the use of village property. 18 19 (7) Entering or remaining in nonpublic areas without authorization. 20 21 (8) Any act which could result in substantial risk of harm to persons or 22 property. 23 24 (9) Disrupting village business, events, or other village sponsored or 25 authorized activities. 26 27 (10) Leaving unattended packages, backpacks, luggage, or other personal 28 items (any such items are subject to immediate confiscation). 29 30 (11) Possession of illegal drugs. 31 32 (12) Posting or affixing to village property without permission from the 33 village manager or the manager’s designee, any signs, leaflets, posters, 34 flyers, pamphlets, brochures, and written, pictorial or graphic material 35 of any kind. 36 37 (14) Tampering with or unauthorized use of building or facility systems or 38 devices, including electrical, plumbing, locks, doors, or cameras. 39 40 (15) Remaining in a Village building after posted hours of operation or after 41 the conclusion of an authorized “after hours” public meeting or event. 42 43 A copy of the foregoing facility rules may be posted in proximity to public entrances 44 to Village-owned, controlled, and leased buildings. 45 46 47 Page 5 of 7 Sec. 19-15. Trespass warnings on public property and other property 1 generally open to the public. 2 3 (a) A trespass warning may be issued by the village manager, the 4 manager’s designee, or a village law enforcement officer to any individual who 5 violates any federal law, state law, or village ordinance, rule, or regulation, which 6 violation was committed while on or within any village-owned, controlled, and leased 7 buildings, or any outdoor area that is open to the general public, including municipal 8 parks. The trespass warning shall be limited to the specific property where the 9 violation occurred. 10 11 (b) Trespass warnings shall be in writing and issued for a period not to 12 exceed two (2) years. 13 14 (c) A copy of the trespass warning shall be provided by mail or hand 15 delivery to the individual given the warning. The written trespass warning shall advise 16 of the right to appeal and the location at which to file the form to initiate the appeal. 17 18 (d) Any person found on or within any village-owned, controlled, and 19 leased buildings, or any outdoor area, including municipal parks, in violation of 20 a trespass warning issued in accordance with this section may be arrested 21 for trespassing, except as otherwise provided in this section. 22 23 (e) The village manager or the manager’s designee may, upon request, 24 authorize an individual who has received a trespass warning to enter the property or 25 premises to exercise his or her First Amendment rights if there is no other reasonable 26 alternative location to exercise such rights or to conduct necessary municipal business. 27 Such authorization must be in writing, shall specify the duration of the authorization 28 and any conditions thereof, and shall not be unreasonably denied. 29 30 (f) This section shall not be construed to limit the authority of any village 31 employee, official, or law enforcement officer to issue a trespass warning to any 32 person for any lawful reason on any village-owned, controlled, and leased buildings, 33 or any outdoor area, including rights-of-way when closed to general vehicular or 34 pedestrian use, when necessary or appropriate in the sole discretion of the village 35 employee or official. 36 37 (g) This section shall not be construed to limit the authority of village law 38 enforcement officers to arrest or cite individuals for the violation of any section of the 39 village's code of ordinances or the Florida Statutes. 40 41 (h) Appeal of trespass warning. A person to whom a trespass warning is 42 issued under this section shall have the right to appeal the issuance of 43 the trespass warning as follows: 44 45 (1) An appeal of the trespass warning must be filed, in writing, to the 46 village clerk, within ten (10) days of the issuance of the warning. The 47 request shall include the appellant's name, date of issuance 48 Page 6 of 7 of trespass warning, and the appellant's current telephone number, 1 mailing address, and e-mail address (if applicable). The village will 2 mail the notice of hearing by regular mail to the mailing address 3 provided and by e-mail to the e-mail address provided. No fee shall be 4 charged for filing the appeal. 5 6 (2) Appeals shall be heard by the village’s special magistrate with whom 7 the village contracts to provide this service. The special magistrate 8 appointed to hear code enforcement hearings may be used to conduct 9 these hearings. 10 11 (3) If the appellant fails to contest the trespass warning within the time 12 afforded by the trespass warning, or if the appellant fails to appear at 13 the special magistrate hearing, the appellant shall have waived all rights 14 to a hearing. 15 16 (4) The special magistrate shall hold the hearing as soon as possible. In no 17 event shall the hearing be held later than forty (40) days from the filing 18 of the appeal. 19 20 (5) Each case before a special magistrate shall be presented by the village 21 attorney or by a member of village staff. 22 23 (6) All testimony shall be under oath and shall be recorded. Formal rules 24 of evidence shall not apply, but fundamental due process shall be 25 observed and shall govern the proceedings. 26 27 (7) At the conclusion of the hearing, the special magistrate shall issue 28 findings of fact based on evidence of record and conclusions of law and 29 shall issue an order affording the proper relief consistent with powers 30 granted herein. 31 32 (8) If the special magistrate determines the trespass warning was properly 33 issued, the appellant shall be responsible for the administrative costs of 34 the hearing. 35 36 (9) The decision of the special magistrate shall be final, and the appellant 37 shall be deemed to have exhausted all administrative remedies. An 38 aggrieved party, including the local governing body, may appeal a final 39 administrative order of a special magistrate to the circuit court. Such an 40 appeal shall not be a hearing de novo but shall be limited to appellate 41 review of the record created before the special magistrate. An appeal 42 shall be filed with thirty (30) days of the execution of the order to be 43 appealed. The village attorney or designee is hereby authorized to 44 defend such appeals on behalf of the village and/or special magistrate. 45 46 (10) The trespass warning shall remain in effect during the appeal and 47 review process, including any judicial review. 48 Page 7 of 7 1 (i) Village law enforcement officers may enforce any violation of 2 a trespass warning by means of Sections 810.08 and 810.09, Florida Statutes. 3 4 (j) Nothing in this section shall be construed to limit the village's ability 5 to trespass any individual from any village-owned, controlled, or leased property that 6 is not open to the public. 7 8 Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the 9 Village of North Palm Beach, Florida. 10 11 Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 12 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such 13 holding shall not affect the remainder of this Ordinance. 14 15 Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict 16 herewith are hereby repealed to the extent of such conflict. 17 18 Section 6. This Ordinance shall take effect immediately upon adoption. 19 20 PLACED ON FIRST READING THIS ____ DAY OF , 2026. 21 22 PLACED ON SECOND, FINAL READING AND PASSED THIS___ DAY OF 23 , 2026. 24 25 26 (Village Seal) 27 MAYOR 28 29 ATTEST: 30 31 32 VILLAGE CLERK 33 34 35 APPROVED AS TO FORM AND 36 LEGAL SUFFICIENCY: 37 38 39 VILLAGE ATTORNEY 40 1 Business Impact Estimate AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN GENERAL,” OF CHAPTER 19, “OFFENSES AND MISCELLANEOUS PROVISIONS,” TO ADOPT A NEW SECTION 19- 14, “CONTROL OF ACCESS TO VILLAGE-OWNED, CONTROLLED, AND LEASED PROPERTY,” AND A NEW SECTION 19-15, “TRESPASS WARNINGS ON PUBLIC PROPERTY AND OTHER PROPERTY GENERALLY OPEN TO THE PUBLIC;” PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the Village is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the Village is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enact ment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Development orders and development permits, as those terms are defined in s. 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under ss. 163.3220-163.3243 b. Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the municipality; c. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 1 See Section 166.041(4)(c), Florida Statutes. 2 In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted applies, the Village hereby publishes the following information: 1. Summary of the proposed ordinance: The proposed Ordinance regulates the conduct of individuals entering municipal facilities utilizing location-based categories and authorizes the Village Manager to manage public access to enclosed Village -owned, controlled, and leased property. It also prescribes the method for issuance of trespass warnings on Village property and the procedures applicable to an appeal of a trespass warning. 2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the Village: (a) There is no direct impact on private, for-profit businesses; (b) There are no new charges or fees imposed by the Ordinance; and (c) There are no new regulatory costs other than costs incurred in enforcement. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: None.