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Ordinance 1978-024 Adopting New Code of OrdinancesORDINANCE N0. 24-78 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES 0]' THF, VILLAGE OF NORTH PALM BEACH, FLORIDA; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; SAVING FROM REPEAL CERTAIN ORDINANCES RELATING TO CERTAIN SPECIFIC ' S1111JECTS OF VILLAGE REGULATION; THE MANNER OF AMENDING SUCH CODE OF ORDINANCES; A PENALTY FOR THE VIOLATION THEREOF; AND PROVIDING Wf{EN 7'}{IS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BF,ACH, FLORIDA: Section 1. The accompanying Code of Ordinances, consisting of chapters 1 through 27, each inclusive, is hereby adopted and enacted as the "Code of Ordinances, Village of North Palm Beach, Florida," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the village on or before January 13, ' 1977, except such as by reference thereto are expressly saved from repeal or continued in force and effect for any purpose. Section 2. All provisions of such Code shall be in full force and effect sixty (60) days, from and after the passage and publication of this ordinance in accordance with law; and all ordinances of a general and permanent nature of the Village of North Palm Beach, enacted on final passage on or before January 13, 1977, and not in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided. Any ordinance of the village, not specifically mentioned, is hereby repealed. Section 3. The repeal provided for in section 2 hereof shall not affect any of the following: (a) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance; (b) Any ordinance or resolution promising or guaranteeing the payment of money by the village or authorizing the issuance of any bonds of the village or any evidence of the village`s indebtedness, or any contract or obliga- tion assumed by the village; ' (c) Administrative ordinances or resolutions of the village council, not in conflict or inconsistent with the pro- visions of such Code; (d) Any right or franchise granted to any person, firm or corporation by any ordinance or resolution; (e) Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, or vacating any street or public way in the village; (f) Any annual budget or appropriation ordinance or resolu- tion; (g) Any ordinance establishing and prescribing the street grades of any street in the village; ' (h) Any ordinance levying taxes, not inconsistent with this Code; (i) Any ordinance providing for local improvements and assessing taxes therefor; (j) Any ordinance dedicating or accepting any street, sewer or other right or any plat or subdivision in the village or providing regulations for subdivisions or ordinances in the nature of subdivision regulations; (k) Any ordinance providing for the dedication of lands by the village to any purpose or vacating such lands: (1) Any ordinance regulating the salaries or compensation of village officers and employees; ' (m) Any ordinance adopting zoning maps, zoning regulations or regulations in the nature of zoning regulations, or zoning districts, master street plans and amendments thereto; (n) Any appearance plan; (o) Any provisions of the former Charter (Chapter 31481, Laws of Florida, Extraordinary Session 1956) or other -2- special laws which have been converted into ordinances by Article VI, Section 1 of the Charter as revised in 1976 or by Chapter 166, Florida Statutes, and which are not included in such Code. (p) Any ordinance relating to the acquisition of lands by the village by condemnation proceedings; ' (q) Any ordinance authorizing any encroachment on any village or public property; (r) Any ordinance or Code or parts thereof adopted by reference by any section of such Code and not included herein; (s) Any ordinance prescribing traffic regulations for specific locations, not inconsistent with the Code. Such repeal shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance. Section 4. Any and all additions or amendments to such Code shall be passed by Ordinance in such form as to indicate the intention ' of the village council to make the same a part thereof. On the effective date of such ordinance the provisions thereof shall be deemed to be incorporated in such Code, so that reference to the "Code of Ordinances, Village of North Palm Beach, Florida," shall be understood and intended to include such additions and amendments. Section 5. It shall be the express duty of the village clerk or someone authorized by him to insert in their designated places all amendments or ordinances which indicate the intention of the village council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the village council. This copy of such Code shall be available for all persons ' desiring to examine the same. Section 6. It shall be unlawful for any person, firm or corporation, partnership, association or organization to violate, or rail to comply with any provision of the "Code of Ordinances, Village of North Palm Reach, Florida," and where no specific penalty is provided -3- therein, the violation of any provision of such Code shall be punished as prescribed in section 1-8 of such Code. Section 7. In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in section 1-8 of such Code shall apply to the section as ' amended, or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein. Section 8. It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions t}rereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Village of North Palm Beach to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in section 1-8 of the Code of Ordinances, Village of North Palm Section 9. All ordinances Beach, Florida. or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 10. This ordinance shall take effect sixty (60) days after the date it is approved by the Village Council. PLACED ON FIRST READING THIS 12TH DAY OF OCTOBER, 1978 PLACED ON SECOND, FINAL READING AND PASSED T}{IS 26TH DAY OF OCTOBF,R, 1978. (SEAL) /s/ Al Moore _~ MAYOR ATTEST: 1 /s/ Dolores R. Walker _ Village Clerk CODE OF ORDINANCES VILLAGE OF NORTH PALM BEACH, FLORIDA CONTAINING THE VILLAGE CHARTER AND THE GENERAL ORDINANCES OF THE VILLAGE Adopted, October 26, 1978 Effective, December 25, 1978 Republished 1991 Published by Order of the Village Council MUNICIPAL CODE CORPORATION Tallahassee, Florida 1991 Copyright 1978 Municipal Code Corporation Tallahassee, Florida f i I OFFICIALS OF The VILLAGE OF NORTH PALM BEACH, FLORYI~A Al Moore Mayor W. H. Brown Vice Mayor Harriet Nolan President Pro Tem V. A. Marks, M.D., Councilman Tom Valente Councilman Raymond J. Howland Village Manager Dolores R. Walker, CMC Village Clerk Herbert L. Gildan Village Attorney iii t 4 ' ,t ~1` 1 1 TABLE OF CONTENTS Page Officials of the Village . iii Preface v Adopting Ordinance vii PART I CHARTER Charter 1 Art. I. Corporate Name . 3 Art. II. Territorial Boundaries 3 Art. III. Legislative 6 Art. IV. Administrative 11 Art. V. Qualifications and Elections 13 Art. VI. Transition Schedule 14 Charter Comparative Table......... 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions 77 2. Administration 133 Art. I. In General 135 Art. II. Council 135 Div. 1. Generally 135 Div. 2. Rules of Procedure 136 Art. III. Administrative Code 136 Div. 1. Generally 136 Div. 2. Department of Treasury 138 Div. 3. Department of Finance 139 Div. 4. Department of Records 140 Div. 5. Department of Public Safety -141 Div. 6. Department of Public Services 141 Div. 7. Department of Library 142 Div. 8. Department of Country Club 142 Div. 9. Department of Recreation 142 Art. IV. Manager 142 Art. V. Pensions and Retirement Systems 143 Div. 1. Generally 143 Div. 2. Social Security 143 Div. 3. Pension and Certain Other Benefits for General Employees 144 xi 1 I NORTH PALM BEACH CODE Chapter Page Div. 4. Pension and Certain Other Benefits for Fire and Police Employees 150 Art. VI. Code Enforcement Board 156 3. Alcoholic Beverages 211 4. Animals and Fowl 263 Art. I. In General 265 Art. II. Dogs and Cats 266 - Art. III. Rabies Control 268 5. Boats, Docks and Waterways 319 Art. I. In General 321 Art. II. Boat Launching Area 323 Art. III. Construction Requirements 324 Div. 1. Generally 324 Div. 2. Canals 324 Div. 3. Bulkheads and Seawalls 325 Div. 4. Docks and Piers 326 Div. 5. Erosion Control Structures 330 Art. IV. Marine Sanctuaries 330 6. Buildings and Building Regulations : : : : 381 Art. I. In General 383 ~ Art. II. Minimum Construction Standards 383 Art. III. Appearance Code 384 Div. 1. Generally 384 Div. 2. Reserved 385 Div. 3. Certificate of Appropriateness 385 Art. N. Reserved 387 Art. V. Signs and Outdoor Displays 387 Art. VI. Energy Efficiency Building Code 398 Art. VII. Coastal Construction Code 398 7. Bulkhead Lines 453 Art. I. In General 455 Art. II. Filling Permit 455 8. Civil Emergencies 507 .Art. I. In General 509 Art. II. Civil Disorders and Disturbances 509 9. Country Club 559 Art. I. In General 561 Art. ii. Ad,i~In3stratlve Board 582 Art. III. Finances 564 10. Elections 615 Art. I. In General 617 Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. IV. Polling Place 620 xii TABLE OF CONTENTS-Contd. Chapter Page 11. Electricity 671 Art. I. In General 673 Art. II. Electrical Code 673 12. Fire Prevention and Protection 723 Art. I. In General 725 Art. II. Fire Prevention Code 725 Art. III. Fire Division 725 Div. 1. Generally 725 Div. 2, Personnel 726 Div. 3. Equipment 726 Div. 4. Reserved 727 12.5 Flood Damage Prevention 777 Art. I. In General 779 Art. II. Administration 783 Art. III. Provisions for Flood Hazard Reduction 786 13. Reserved 839 14. Health and Sanitation 889 Art. I. In General 891 Art. II. Garbage, Trash and Refuse 891 Div. 1. Generally 891 Div. 2. Garbage Collection and Disposal 891 Div. 3. Abandoned, Inoperative and Junked Property . 892 Art. III. Reserved 895 Art. N. Weeds and Brush 895 15. Housing 945 16. Library 997 Art. I. In General 999 Art. II. Library Board 999 17. Licenses and Miscellaneous Business Regulations 1051 Art. I. In General 1053 Art. II. Occupational Licenses 1053 Art. III. Businesses Located Outside Village Limits 1067 Art. IV. Reserved 1070 Art. V. Ambulances 1070 Art. VI. Garage and Other Sales 1070 17.5 Reserved 1121 18. Motor Vehicles and Traffic 1171 Art. I. In General 1173 Art. II. Operation of Vehicles Generally 1173 Art. III. Stopping, Standing and Parking 1173 19. Offenses and Miscellaneous Provisions 1225 Art. I. In General 1227 Art. II. Reserved 1228 Art. III. Offenses Against Property . 1228 xiii NORTH PALM BEACH CODE Chapter Page Art. IV. Offenses Against Public Morals 1228 Art. V. Offenses Against Public Peace 1229 Art. VI. Noise Control 1229 Art. VII. Reserved 1235 Art. VIII. Weapons 1235 Art. IX. Water Shortage Emergencies 1236 Art. X. Alarms 1237 Art. XI. Wellfield Protection 1240 20. Parks, Playgrounds and Recreation 1289 Art. I. In General 1291 Art. II. Meetings and Gatherings 1292 Div. 1. Generally 1292 Div. 2. Permit 1292 21. Planning and Development 1343 Art. I. In General 1345 Art. II. Planning Commission 1346 Art. III. Board of Adjustment 1347 Art. IV. Concurrency Management 1349 Art. V. Stormwater Management 1360 22. Reserved 1411 23. Police 1463 Art. I. In General 1465 Art. II. Reserved 1465 Art. III. Reserve Force 1465 24. Streets, Sidewalks and Public Places 1517 Art. I. In General 1519 Art. II. Excavations 1519 Div. 1. Generally 1519 Div. 2. Permit 1520 Art. III. Sidewalks and Driveways 1520 Div. 1. Generally 1520 Div. 2. Permits 1522 25. Swimming Pools 1573 Art. I. In General 1575 Art. II. Construction Permits 1576 Art. III. Public and Private Pools 1577 26. Taxation 1627 Art. I. In General 1629 Art. II. Insurance Excise Taxes . 1629 Art. III. Utility Tax 1629 27. Trees and Shrubbery 1681 Art. I. In General 1683 Art. II. Trees in Swale Areas 1683 Art. III. Landscaping 1683 Div. 1. Generally 1683 xiv TABLE OF CONTENTS,-Cone'd.. Chapter Page: Div. 2. Reserved 1686 Div. 3. Requirements for Certain Yard Areas, Off Street Parking and Other Vehicular Use Areas 1686 28. Use of Rights-Of--Way for Utilities 1739 Appendices A. Appearance Plan 2043 B. Subdivisions 2353 Art. I. In General 2355 Art. II. Procedures for Subdivision Plat Approval 2358 Art.. III. Design Standards 2365 Art.. IV Requazed' improvements 23fi8 Ara.. V. Enforcement Provisions 2372`. Art. VI. Amendmenta 2378 Art. VII. Legal Stat~us< . 23'79 C. Zoning 2479, Art. I. In General 2481 Art. II. Generally 2484 Art. III. District Regulations . 2486 Arts. IV, V. Reserved 2515 Art. VI. Amendments-Fees; Waiting Periods 2515 Art. VII. Nonconforming Uses of Land and Structures 2516 D. Franchises 2619 Statutory Reference Table 2819 Code Comparative Table-1970 Code 2869 Code Comparative Table-Laws of Florida 2873 Code Comparative Table-Ordinances 2875 Charter Index 2933 Code Index 2935 xv i� I I I CHARTER Art. II, § 1 ARTICLE I. CORPORATE NAME tance of 2654.1 feet, more or less to a point in the The municipality hereby established shall be north and south quarter section line of Section 20, known as "The Village of North Palm Beach, Township 42 South, Range 43 East, Palm Beach Florida." County, Florida; thence northerly along the said north and south quarter section line,. a distance of 15.75 feet, more or less, to the quarter corner in the north line of said Section 20; thence northerly ARTICLE II. TERRITORIAL along the north and south quarter section line of BOUNDARIES Section 17 of said Township and Range to the south line of the north one-half (N i/z) of the south three- Section 1. [Described.] quarters (S 3/4) of the east one-half (E i/z) of the southeast one-quarter (SE 1/4) of the southeast one- The Territorial Limits of said Municipality are quarter (SE 1/4) of the northwest one-quarter (NW hereby defined and shall be as follows: 1/4) of said Section 17; thence westerly along said BEGINNING at the intersection of the waters south line of the north one-half (N 1/z) of the south edge along the west shore of Lake Worth, with the three-quarters (S 3/4) of the east one-half (E 1/z) of south line of Government Lot 1, Section 21, Town- the southeast one-quarter (SE 1/4) of the southeast ship 42 South, Range 43 East, Palm Beach County, one-quarter (SE 1/4) of the northwest one-quarter Florida; thence westerly, along the south line of (NW 1/4) of Secticn 17, to the west line of the east said Government Lot 1, to the southwest corner one-half (E 1/z) of the southeast one-quarter (SE 1/4) thereof; thence northerly, along the west line of of the southeast one-quarter (SE 1/4) of the north- said Government Lot 1, also being the north-south west one-.quarter (NW 1/4) of said Section 17; thence one-quarter section line of said Section 21, to a northerly along the west line of the east one-half point 68.90 feet south of the north one-quarter (E ~/z) of the southeast one-quarter (SE 1/4) of the corner of said Section 21, (as measured along said southeast one-quarter (SE 1/4) of the northwest one- one-quarter section line). Said point being on the quarter (NW 1/4) of Section 17, to the southeast north side of the concrete curb on the south side of corner of Fisherman's Village, First Addition, ac- the center median of Northlake Boulevard (S.R. cording to the Plat thereof, recorded in Plat Book No. 5-809), said point also being 7.75 feet south of 28, page 69, Public Records of Palm Beach County, the centerline of Northlake Boulevard (S.R. No. Florida; thence easterly along the south line of 5-809) as now laid out and in use; thence said Fisherman's Village, First Addition to the 5-89°-48'-00"-W, along a line which is 7.75 feet north and south quarter section line of said Sec- south of and parallel with the centerline of said tion 17; thence northerly, along the north and Northlake Boulevard (S.R. No. 5-809), a distance south quarter section line of Section 17, to the of 1094.60 feet to the beginning of a curve, con- northeast corner of the southeast one-quarter (SE cave to the north, having a radius of 4009.75 feet '/4) of the southeast one-quarter (SE 1/4) of the and a central angle of 10°-37'-48"; thence west- northwest one-quarter (NW 1/4) of said Section 17; erly and northwesterly along the arc of said curve, thence westerly along the north line of the south- a distance of 743.92 feet to the end of said curve east one-quarter (SE i/4) of the southeast one- and the beginning of a curve, concave to the south, quarter (SE 1/4) of the northwest one-quarter (NW having a radius of 4019.52 feet and a central angle 1/4) of said Section 17, to the northwest corner of 8°-40'-40"; thence westerly along the arc of said thereof; thence southerly along the west line of curve, a distance of 608.78 feet to the end of said said southeast one-quarter (SE i/4) of the south- curve; thence N-88°-14'-52"-W, a distance of 200 east one-quarter (SE 1/4) of the northwest one- feet, more or less, to a point; said point being on quarter (NW 1/4) of said Section 17, to the south- the west line of said Section 21 and 15.75 feet east corner of Lot 15, Block E, Village of North south of the northwest corner of said Section 21; Palm Beach, Plat No. 4, according to the Plat thence N-88°-04'-04"-W, along a line which is 7.75 thereof recorded in Plat Book 25, pages 229 and feet south of and parallel with the centerline of 230, Public Records of Palm Beach County, said Northlake Boulevard (S.R. No. 5-809), a dis- Florida, said point being also the northeast corner 3 Art. II, § 1 NORTH PALM BEACH CODE of the tract of land described in Deed Book 1104, section line of said Section 8; thence northerly page 645, Public Records of Palm Beach County, along the north and south quarter section line of Florida; thence westerly along the north line of said Section 8, to the north line of said Section 8; the tract described in said Deed Book 1104, page thence easterly, along the north line of said Sec- 645, to the northwest corner thereof; thence south- tion 8, to the northwest corner of the east one-half erly along the west line of said tract described in (E 1/z) of the west one-half (W 1/z) of the northwest Deed Book 1104, page 645,. to the northerly right- one-quarter (NW 1/4) of the northeast one-quarter of-way line of the Earman River Canal, as de- (NE 1/4) of said Section 8; thence southerly, along scribed in Deed Book 1047, page 359, Public the west line of said east one-half (E 1/z) of the Records of Palm Beach County, Florida; thence west one-half (W 1/z) of the northwest one-quarter westerly along said northerly right-of--way line of (NW 1/4) of the northeast one-quarter (NE 1/4), to the Earman River Canal, to the west line of said the southwest corner thereof; thence easterly, Section 17; thence northerly along the west line of along the south line of said northwest one-quarter said Section 17, to the northwest corner of said (NW 1/4) of the northeast one-quarter (NE 1/4), to Section 17; thence easterly along the north line of the northwest corner of the east one-half (E 1/z) of said Section 17, to the southwest corner of Crom- the northeast one-quarter (NE 1/4) of the south- well Estates according to the Plat thereof, re- west one-quarter (SW 1/4) of the northeast one- corded in Plat Book 29, page 110, Public Records quarter (NE 1/4) of said Section 8; thence southerly of Palm Beach County, Florida; thence northerly along the west line of said east one-half (E i/z) of along the west line of said Cromwell Estates to the northeast one-quarter (NE i/4) of the south- thenorthwest corner thereof; thence easterly along west one-quarter (SW 1/4) of the northeast one- the north line of said Cromwell Estates to the quarter (NE 1/4), to the southwest corner thereof; west line of the southeast one-quarter (SE 1/4) of thence easterly, along the south line of the east the southwest one-quarter (SW 1/4) of Section 8 of one-half (E 1/z) of the northeast one-quarter (NE said Township and Range; thence northerly along 1/4) of the southwest one-quarter (SW 1/4) of the the west line of the southeast one-quarter (SE i/4) northeast one-quarter (NE 1/4) and along the south of the southwest one-quarter (SW 1/4) of Section 8 line of the west one-half (W 1/z) of the northwest to the northwest corner thereof; thence easterly one-quarter (NW 1/4) of the southeast one-quarter along the north line of the southeast one-quarter (SE 1/4) of the northeast one-quarter (NE i/4), to the (SW 1/4) [(SE 1/4)] of the southwest one-quarter (SW southeast corner of said west one-half (W 1/z) of the 1/4) of Section 8 to the east line of the westerly 60 northwest one-quarter (NW 1/4) of the southeast feet of the southeast one-quarter (SE 1/4) of the one-quarter (SE 1/4) of the northeast one-quarter southwest one-quarter (SW i/4) of said Section 8; (NE 1/4); thence northerly, along the east line of thence southerly along said east line of the west- said west one-half (W 1/z) of the northwest one- erly 60 feet to the north line of the south 983.69 quarter (NW i/4) of the southeast one-quarter (SE feet of the west one-half (W 1/z) of the southeast 1/4) of the northeast one-quarter (NE 1/4), to a point one-quarter (SE i/4) of the southwest one-quarter 185 feet south of the north- line thereof; thence (SW 1/4) of Section 8; thence easterly along said easterly, along said parallel line, to the waters of north line of the south 983.69 feet to the east line Prosperity Creek, so called; thence northerly, of the west one-half (W 1/z) of the southeast one- along the waters of said Prosperity Creek, to the quarter (SE 1/4) of the southwest one-quarter (SW north line of said northwest one-quarter (NW 1/4) 1/4) of Section 8; thence southerly along said east of the southeast one-quarter (SE 1/4) of the north- . line of the west one-half (W 1/z) of the southeast -east one-quarter (NE i/4); thence westerly, along one-quarter (SE i/4) of the southwest one-quarter the north line of said northwest one-quarter (1~T-W (SW 1/4) of Section 8 to the north line of the south 1/4) of the southeast one-quarter (SE 1/4), of the 35 feet of the north one-half (N 1/z) of the southeast northeast one-quarter (NE 1/4), to the northwest one-quarter (SE ~/4) of the southeast one-quarter corner thereof; thence northerly, along the east (SE 1/a) of the southwest one-quarter (SW 1/4) of line of the southeast one-quarter (SE ~/4) of the Section 8; thence easterly along said north line of northwest one-quarter (NW ~/4) of the northeast the south 35 feet to the north and south quarter one-quarter (NE 1/4), to the northeast corner 4 CHARTER Art. II, § 1 thereof; thence westerly, along the north line of sured at right angles to, the north line of said said southeast one-quarter (SE 1/4) of the north- Section 10; thence westerly, along said parallel west one-quarter (NW 1/4) of the northeast one- line, to a point in the westerly boundary of the quarter (NE 1/4), to the northwest corner thereof; submerged land area conveyed by the Trustees of thence northerly, along the east line of the east the Internal Improvement Fund of the State of one-half (E 1/z) of the northwest one-quarter (NW Florida, to Lake Worth Realty Company, a Florida 1/4) of the northwest one-quarter (NW i/4) of the corporation, by Trustees' Deed No. 17,146, re- northeast one-quarter (NE 1/4), to the northeast corded in Deed Book 205, page 82, Public Records corner thereof and a point in the north line of said of Palm Beach County, Florida; thence southerly, Section 8; thence easterly, along the north line of along said westerly boundary to a point in the Sections 8 and 9 of said Township and Range, as easterly extension of the south line of Govern- shown on Florida Inland Navigation District's ment Lot 1 of said Section 21, thence westerly, Right-of--Way Map on pages 10 and 29 of Plat Book along said easterly extension, across Lake Worth 17, Public Records of Palm Beach County, Florida, to the point of beginning, at the waters edge on to the center line of the R/W of State Road No. 5 the west shore of said Lake Worth. (U.S. Highway #1) as shown on Florida State Road Department's Right-of--Way Map recorded in State And commencing at a point located by mea- and County Road Plat Book 2, pages 43 to 56, measur ing from the northwest corner of Government inclusive; thence northerly, along the center line Lot 7, Section 4, Township 42 South, Range 43 East; thence run east on the north line of said of said State Road No. 5, to its intersection with Government Lot 7 to the point of intersection of the north line of Government Lot 8, Section 4 of the east right-of--way line of Federal Highway (U.S. said Township and Range; thence easterly, along No. 1); thence in a southwesterly direction along the north line of said Government Lot 8, to the the east line of said Federal Highway, a distance waters of Lake Worth; thence continue easterly of 400 feet to the point of beginning; thence con- along the same course, to a point in the southerly tinue southwesterly along said east line of said extension of the line between Government Lots 3 Federal Highway, a distance of 200 feet; thence and 5 of said Section 4, as shown on Plat of Sem- run east parallel to the north line of said Govern- inole Beach recorded in Plat Book 22, page 37, ment Lot 7, to the point of intersection of the east Public Records of Palm Beach County, Florida; line of said Government Lot 7; thence north along thence southerly, along said southerly extension said east line of said Government Lot 7, to a point to a point in the westerly extension of the north where a line running east and west through the line of Section 10 of said Township and Range; point of beginning and parallel to the north line of thence easterly, along said westerly extension of said Government Lot 7 would intersect; thence the north line of said Section 10 and along the west on a line parallel to the north line of said north line of said Section 10; to the waters of Lake Government Lot 7 to the point of beginning. Worth; thence southerly, along the waters of Lake Worth, to the south line of the Marshall Morton And a tract of land in Lots 3 and 4 of a subdi- Estates, according to the Replat thereof recorded vision of.. Government Lot 8, Section 4, Township in Plat Book 24, page 1, Public Records of Palm 42 South, Range 43 East, Palm Beach County, Beach County, Florida; thence easterly, along the Florida, according to the Plat thereof, recorded in south line of said Marshall Morton Estates, to the Plat Book 18, page 4, Public Records of Palm Beach east boundary of said Marshall Morton Estates at County, Florida, said tract of land being more par- the waters of a lagoon; thence northerly, along titularly described as follows: the easterly boundary of said Marshall Morton Estates and along the waters of said lagoon, to the Begin at the point of intersection of the north _ north line of said Section 10; thence easterly, along right-of--way line of McLaren Road with the east the north line of said Section 10, to the waters of right-of--way line ofEllison-Wilson Road, said point the Atlantic Ocean; thence southerly, along the being the southwest corner of Lot 3; thence run waters of the Atlantic Ocean, to a point in a line N-3°-04'-10"-W along the east right-of--way line of parallel to, and 8,000 feet southerly from, mea- Ellison-Wilson Road 303.89 feet to the northwest 5 Art. II, 1 NORTH. PALM BEACH CODE c o r n~er o f the s.a i d Lot 3 ; .thence run the village council shall be by groups to be known 5-89 °-54'-55"-E, along the north line of Lot 3 and as Groups 1, 2, 3, 4 and 5. The councilmen in continue along the north line of Lot 4, 693:61 feet; Groups 1, 3 and 5 shall be elected in the even thence run south 130.0 feet; thence run years and councilmen in Groups 2 and 4 shall be N-89°-54'-55"-W, 100.0 feet to a point in the west elected in the odd years. The term of office of a line of the said Lot 4; thence run south along the councilman shall commence upon his election and west line of Lot 4, 172.53 feet to a point in the qualification and shall continue for two (2) years north right-of--way line of McLaren Road; thence thereafter and until his successor is elected and run west along the north right-of--way line of qualified; provided, however, that the terms of of- McLaren Road, 210.0 feet; thence run north 152.84 fice of those councilmen whose terms. expire in feet; thence run N-89°-54'-55"-W, 157.33 feet; March of 1981 and March of 1982 shall be short- thence run south 153.06 feet to a point in the ened by a period of one week. north right-of--way line of McLaren Road; thence (Ord. No. 1-76, § 1, 2-19-76; Ord. No. 29-80, § 1, run west 210.0 feet to the point of beginning. 10-9-80) Excepting from the above described area the following described parcel of land: Section 3. Mayor. A parcel of land in Government Lot 2, Section 10, The council shall elect from among its members Township 42 south, Range 43 East, described as a mayor, a vice mayor, and a president pro tem to follows: serve at the pleasure of the council. Election of "Starting from a certain stake in a pile of stones the mayor, vice mayor and president pro tem shall be done annuall at the first (1st) re lar council I Y i~ on the east side of Lot 2, Section 10, Township 42 South, Range 43 East, from which a large rubber meeting after the village election. The mayor shall tree, marked J.S.J. on the south side and LR.H. Preside at meetings of the council, shall be recog- on the north side, bears west 160 links, running nized as head of village government for all cere- south along the lagoon, four chains; thence west monial purposes, by the governor for purposes of to stake and rocks on bank of Lake Worth; thence military law, for service of process, execution of north four chains to stake and rocks; thence east contracts, deeds and other documents, and as the to the point of beginning. village official designated to represent the village in all agreements with other governmental enti- Containing 5 acres." ties or certifications to other governmental enti- (Laws of Fla., Ch. 73-564, § 1) ties, but shall have no administrative duties ex- cept as required to carry out the responsibilities herein. The vice mayor shall act as mayor during ARTICLE III. LEGISLATIVE the absence or disability of the mayor. The pres- ident pro tem shall preside at council meetings in Section 1. Village council; powers and com- the absence of the mayor and vice mayor. position. The mayor shall have power, for sufficient cause, There shall be a village council with all legis- to suspend any Village officer or official appointed lative powers of the village vested therein con- by the council. In case of the suspension of any sisting of five (5) members who shall be electors of such person, the mayor shall, within fifteen (15) the village, who shall be elected by the electors of days thereafter, deliver to the village clerk, or his detn,~ty ~ a grneri~ra+inn in writing of the charges the village. (Ord. No. 1-76, § 1, 2-19-76) preferred to the officer suspended; and it shall be the duty of said clerk to present such charges to Section 2. Election and terms. the council at its next meeting following the re- ceipt of such charges by him. Thereafter the On the second Tuesday in March of each year a council shall proceed to hear and determine the general election shall be held to elect members of said charges after reasonable notice of such the village council. The selection of members of hearing to the suspended officer, who shall be 6 CHARTER COMPARATIVE TABLE Chapter Disposition Number Section Article/Section 31481 (1956) Art. I I 73-564 1 II 1 Ordinance Disposition Number Date Section Article/Section 29-80 10- 9-80 1 III 2 11-86 9-11-86 1 III 11 [The next page is 77] 65 l GENERAL PROVISIONS § 1-8 to revive such former ordinance, clause or provi- (c) In the event a new section not heretofore sion of this Code, unless it shall be expressly so existing in the Code is to be added, the following provided. language shall be used: "That the Village of North Palm Beach Code is hereby amended by adding a The repeal of an ordinance, clause or section of new section to be numbered Section , this Code shall not affect any punishment or pen- which said Section shall read as follows: alty incurred before the repeal took effect, nor The new section shall then be set out in full. any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under (d) All sections, articles, chapters or provisions the ordinance, clause or section of this Code re- desired to be repealed shall be specifically re- pealed. pealed by section, article or chapter number in (Code 1970, § 1-5) the following language: "That Section (Chapter or Article) of the Village of North Palm Beach Code is hereby repealed." Sec. I.5. Severability of parts. (Code 1970, § 1-7) If any phrase, clause, sentence, paragraph, sec- tion or subsection of this Code shall be declared Sec. 1.7. Altering Code. unconstitutional or invalid by a court of compe- No person in the village shall change or amend, tent jurisdiction, such unconstitutionality or in- by additions or deletions, any part or portion of validity shall not affect any of the remaining this Code, or insert or delete pages, or portions phrases, clauses, sentences, paragraphs, sections thereof, or alter or tamper with such Code in any or subsections of this Code. manner whatsoever which will cause the law of (Code 1970, § 1-6) the village to be misrepresented thereby. (Code 1970, § 1-8) Sec. 1-6. Amendments to Code. (a) All ordinances passed subsequent to this Sec. 1-S. General penalty; continuing viola- tions. Code which amend, repeal or in any way affect any section or subsection of this Code, shall be (a) Whenever in this Code any act is prohibited numbered consecutively, but shall refer specifi- or is made or declared to be unlawful or an of- cally to the section or subsection affected, and fense, or whenever the doing of any act is re- printed for inclusion therein. When subsequent quired or the failure to do any act is declared to be ordinances repeal any chapter, section or subsec- unlawful, where no specific penalty is provided tion or any portion thereof, such repealed portions therefor, the violation of any such provision of shall be excluded from said Code by omission from this Code shall be punished by a fine not ex- reprinted pages. The subsequent ordinances, as ceeding five hundred dollars ($500.00) or impris- numbered and printed, or omitted in the case of onment for a term not exceeding six (6) months, or repeal, shall be prima facie evidence of such sub- by both such fine and imprisonment. sequent ordinances until such time as this Code Each day a violation of any provision of this and subsequent ordinances numbered or omitted Code shall continue shall constitute a separate are readopted as a new code by the village council. offense, and each act in violation of the provisions (b) Amendments to any of the provisions of this of this Code shall be considered a separate and Code shall be made by amending such provisions distinct offense. _ by specific reference to the section number of this (c) In addition to the penalties herein provided, Code in the following language: "That Section any condition caused or permitted to exist in vio- ofthe Village of North Palm Beach Code lation of any of the provisions of this Code shall be is hereby amended to read as follows: The deemed a public nuisance and may be abated by new provisions shall then be set out in full. the village, as provided by law, and each day that s1 § 1-8 NORTH PALM BEACH CODE such condition continues shall be regarded as a new and separate offense. (d) Zoning, buildings, etc.: (1) The village council shall provide for the en- forcement of a zoning ordinance enacted pursuant to this part. Each day such of- fense continues after written notice shall be deemed a separate offense. (2) In tease any building or structure is erected, :constructed, reconstructed, altered, repaired or maintained or any building, structure, land or water is used in violation ofthis i. Code or any ordinance or other regulation made under authority conferred hereby, the proper local authorities, in addition to other remedies, may institute any appropriate ac- tion or proceedings in a civil action in the circuit court to prevent such unlawful erec- tion, construction, reconstruction, alter- ation, repair, conversion, maintenance or use, and to restrain, correct or abate such violation, to prevent the occupancy of such building, structure, land or water, and to prevent any illegal act, conduct of busi- ness, or use in or about such premises. (Code 1970, § 1-9; Ord. No. 1-77, § 1, 1-13-77; Ord. No. 4-86, § 5, 4-24-86) Sec. 1.9. Assessment of additional court cost for law enforcement education ex- penditures. Pursuant to F.S. section 94325(5), the village hereby assesses a court cost of one dollar ($1.00) against every person convicted for the violation of a village municipal ordinance, to be assessed in addition to the one-dollar court cost assessed pur- suant to F.S. section 943.25(3). The additional one- dollar assessment is for law enforcement educa- tion expenditures for the law enforcement officers of the village. (Ord. No. 8-81, § 1, 8-27-81) l;ditor°s note-Ordinance No. 8-81, § 1, enacted Aug. 27, 1981, did not expressly amend the Code; hence, inclusion as § 1-9 has been at the editor's discretion. Cross references-Offenses, Ch. 19; police, Ch. 23. [The next page is 133J 82 Chapter 2 ADMINI~TI~TION* Art. I. In General, 2-1-2.15 Art. II. Council, 2-16-2-38 Div. 1. Generally, 2-16-2-25 Div. 2. Rules of Procedure, 2-26-2-38 Art. III. Administrative Code, 2-39-2-114 Div. 1. Generally, 2-39-2-50 Div. 2. Department of Treasury, 2-51-2-58 Div.. 3. Department of Finance, 2-59-2-66 Diu:. 4:. Department of Records, 2-67-2-74 Div._ 5. Department of Public Safety, 2-75-2-83 Div. 6. Department of.Public Services, 2=84-2-92 Div.- 7. Department of Library, 2-93-2-101 Div. 8. Department of Country Club, 2-102-2-109 Div. 9. Department of Recreation, 2-110-2-114 Art. IV. Manager, 2-115-2-128 Art. V. Pensions and Retirement Systems, 2-129-2-170 Div. 1. Generally, 2-129-2-135 Div. 2. Social Security, 2-136-2-145 Div. 3. Pension and Certain Other Benefits for General Employees, 2-146-2-158 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees, 2-159-2-170 Art. VI. Code Enforcement Board, 2-171-2-180 *Charter reference-Administrative provisions generally, Art. IV. Cross references-Rabies control, § 4.42 et seq.; elections, Ch. 10; fire division, § 12-29 et seq.; library board, § 16-16 et seq.; impersonation of village officers, § 19-14; enforcement procedures for noise regulations, § 19-117; local planning agency designated, § 21-12; taxation, Ch. 26; appearance plan, App. A; subdivision regulations, App. B; zoning regulations, App. C. 133 t 1 1' .ADMINISTRATION § 2-16 ARTICLE I. IN GENERAL of each year, which ordinance shall fix and deter- mine the amount of money to be raised by taxa- Sec. 2-1. Committee and boards. tion in the village for the following fiscal year and shall also make separate and several appropria- (a) No person may be a member of any board tions for the payment of all necessary operating created by the village council to advise the village expenses of the village and for the payment of council on any matter unless such person shall be interest and principal of any indebtedness of the and remain a resident of the village during the village, and to set forth an estimate of all income term of office. from all sources whatsoever which shall be re- (b) Any person who, when appointed to any such ceived by the village. advisory board is a resident of the village but who (c) Before final passage of the budget ordinance, later terminates such residency, shall, immedi- the village clerk shall cause the same as intro- ately upon termination of residency, be deemed to duced to be posted at the village hall and in at be no longer a member of such advisory board and least one (1) other conspicuous place in the vil- shall have no right or privilege to vote or partic- lage. At those places the village clerk shall post a ipate in matters of such board. notice stating the time and place the budget will (c) Any person who, within the term of his ap- be acted on finally and shall also state in such pointment to the board, is absent from any three notice that the estimate of the village manager (3) regularly scheduled meetings of the board upon which the budget is based is on file for in- without such absence being excused by affirma- spection of the public at the office of the village tive action of the board shall automatically be clerk. The budget ordinance shall not be passed deemed to no longer be a member of such advisory by the council until twelve (12) days after such board and shall have no right or privilege to vote posting, but not later than September 30. or participate in matters of such board. The (Ch. 31481 (1956), Laws of Fla., Art. VII, § 3; Ch. chairman of the board shall advise the village 65-1969, Laws of Fla., § 5; Ord. No. 21-76, § 1, council when any member falls within the pur- 10-14-76; Ord. No. 15-77, 1, 2, 8-25-77) Charter reference-Provisions of former charter not em- vlew of this Subsection, braced in or inconsistent with 1976 revision continued in ef- (Code 1970, § 2-18) fect as ordinances, Art. VI, § 1. Sec. 2-2. Budget procedures. Secs. 2-3-2-15. Reserved. (a) The village manager shall prepare and submit to the members of the council, at least forty-five (45) days prior to the first regular meeting of the council in September of each year, .ARTICLE II. COUNCIL* a budget for the operation of the village govern- ment during the next fiscal year, including an estimate of the revenues and expenditures in such DIVISION 1. GENERALLY forms as to afford the council a comprehensive understanding of the needs and requirements of the various divisions of the village government Sec. 2-16. Compensation. for the ensuing year. Sufficient copies of this The compensation of all members elected to the budget shall be prepared so that there shall be at village council is hereby fixed at the sum of three least three (3) copies on file in the office of the hundred dollars ($300.00) per month. village clerk. (Code 1970, § 2-7; Ord. No. 20-78, § 3, 8-10-78; - (b) The council is hereby authorized and em- Ord. No. 2-88, § 1, 1-14-88) powered to prepare and adopt a budget for each Charter reference-Compensation, Art. III, § 4. fiscal year by ordinance to be introduced at the *Charterrefereoce-Legislative provisions generally, Art. first regular meeting of the council in September III. 135 i § 2-17 NORTH PALM BEACH CODE j Sec. 2-17. Regular meetings-When held. DIVISION 2. RULES OF PROCEDURE* The regular meetings of the village council shall Sec. 2-26. Order of business. be held on the second and fourth Thursdays of The following order shall be observed in the each month. transaction of business, but such order may be (Code 1970, § 2-8) varied by unanimous consent of the councilmen Charter reference-Meetings procedure, Art. III, § 9(a). present: (1) Roll call; Sec. 2-18. Same-Presiding officer. (2) Invocation;. (a) The mayor shall preside at all meetings, if (3) Pledge of allegiance; present, and in his absence, the vice-mayor.. In the (4) Approval of minutes; absence of both the mayor and vice-mayor, the president pro tem shall preside. (5) Report of mayor; (b) The presiding officer shall preserve order (6) Statements from the public; and decorum. He shall appoint all committees un- (7) Petitions and communications; i less the council shall otherwise direct. (g) Reports of special committees and recom- (c) Terms of mayor. No person may serve more mendations of advisory boards; ~ than one-year term as mayor of the village. A (9) Village manager's report; person who served as mayor of the village for one (10) Ordinances; (1) term shall not serve as mayor during the fol- lowing council year, but beginning one (1) year (11) Resolutions; after termination of his one-year term as mayor of (12) Miscellaneous business; the village, he may again serve as mayor for a period not to exceed one (1) year. (13) Adjournment. (Code 1970, § 2-9; Ord. No, 218_.-70, § 1; Ord. No. (Code 1970, § 2-17; Ord. No. 6-74, § 1) 8-82, § 1, 4-22-82) Sec. 2-27. Parliamentary rules. ~ The presiding officer, when the council is in ses- Sec. 2-19. Adjournment of all meetings. Sion, shall enforce parliamentary rules for its gov- ernment so far as they are applicable to such leg- All regular meetings, special meetings and isl,ative body. . workshop meetings for the village council shall be (Code 1970, § 2-19) adjourned on or before 11:00 p.m. on the date when Secs. 2-28-2.38. Reserved. the meeting convened. In the event there is pending business on the floor at 11::00 p.m. during one (1) of the meetings, the chair shall at that ARTICLE-III. ADMINISTRATIVE CODE time entertain a motion that the meeting be re- DIVISION 1. GENERALLY convened at a time and date certain, but upon failure of the council to agree upon such motion, Sec. 2.39. Definition. the meeting shall be adjourned and the business As used in this article, unless the context oth- pending at the time of adjournment shall be the erwise requires: first item on the agenda of the next meeting of the Chief administrator or administrator is the vil- village council pertaining thereto. (Ord. No. 24-79, § 1, 11-8-79) lage manager.. (Code 1970, § 2-31) *Charter reference-Authority to determine rules of pra- Secs. 2-20-2-25. Reserved. cedure, Art. III, § 9(b). 136 ADMINISTRATION § 2-41 Sec. 2.40. Departmental organization. (b) Form of oath for the chief administrator and off acers. The following shall be the form of oath for (a) The administrative service of the village the chief administrator and officers: shall be divided under the administrator into the following departments and heads thereof: State of Florida ) County of Palm Beach ) ss. (1) Department of finance, director of finance. Village of North Palm Beach ) (2) Department of public safety, director of I, , do solemnly swear that public safety-. I will support the Constitution of the United (3) Department of public services, director of States, the Constitution of the State of Florida, public services. and the Charter and Code of the Village of North .Palm Beach; that I will faithfully, honestly and (4) Department of recreation, director of recre- impartially discharge my duties as ation. during my continuance therein; that I am not directly or indirectly pe- (5) Department of library, librarian. cuniarily interested in any public service cor- poration engaged in business in the Village of (6) Department of country club, country club North Palm Beach, or in or with any person or director. corporation having contracts with said Village, (b) In addition, there shall be a department of so help me God. records headed by the village clerk and a depart- ment of treasury headed by the village treasurer under the village council, which departments shall Subscribed and sworn to before me this be coordinated into the administrative service and day of , 19s. cooperate with the administrator so as to coordi- (c) Form of oath for members of department of pate the entire administrative service of the vil- public safety. The following shall be the form of lage. oath for the members of the department of public (Code 1970, § 2-32; Ord. No. 1-75, § 4, 4-10-75) safety: Cross references-Country club, Ch. 9; library, Ch. 16; parks, playgrounds and recreation, Ch. 20; police, Ch. 23; State of Florida ) streets, sidewalks and public places, Ch. 24. County of Palm Beach ) SS. Village of North Palm Beach ) Sec. 2-41. Oaths of office. I, , do solemnly swear that I will support the Constitution of the United (a) Persons required to take oath of office. Each States, the Constitution of the State of Florida of the following officers and employees in the ad- and the Charter and Code of the Village of North ministrative service shall be required to take an palm Beach; and that I will, to the best of my oath of office before entering upon the discharge ability, faithfully perform the duties of the of- of his duties, which oath shall be subscribed by Tice of Public Safety Officer during my contin- the person taking it and shall be filed and pre- uance therein, so help me God. served in the office of the village clerk: (1) Officers. The village manager and each de- partment head. Subscribed and sworn to before me this day of , 19_. _ (2) Public safety officers. Every member of the department of public safety (including any private, special, temporary orsubstitute po- Notary Public licemen which the village might find it nec- essary to appoint). (Code 1970, § 2-33) 137 I ~ / - § 2-42 NORTH PALM BEACH CODE Sec. 2-42. Bonds required of certain officers. (4) Maintain records. Establish and maintain a system of filing and indexing records and The following named village officials shall each, reports in sufficient detail to furnish all in- before entering upon the duties of their respective formation necessary for proper control of offices, give a good and sufficient surety company departmental activities and to form a basis bond to the village, duly approved by the village for the periodic reports to the village man- attorney, and conditioned upon the faithful per- ager. formance and discharge of their respective duties, and for the proper application and payment of all (5) Authority over employees. Have power, when money or property coming into their hands by authorized by the village manager, to ap- virtue of their offices in the following amounts: point and remove,. subject to personnel policy regulations for personnel, all subor- (1) Village manager, two hundred thousand dinates under him. dollars ($200,000.00). (6) Maintain equipment. Be responsible for the (2) Village treasurer, two hundred thousand proper maintenance of all village property dollars ($200,000.00). and equipment used in his department. (3) Village clerk, ten thousand dollars (c) Departments. Each department shall fur- ($10,000.00). nish, upon the direction of the village manager, any other department such service, labor and ma- (4) Village tax collector, two hundred thou- terials as may be requisitioned by the head of sand dollars ($200,000.00). such department, and as its own facilities permit, (Code 1970, § 2-34) through the same procedure and subject to the same audit and control as other expenditures are incurred. t Sec. 2-43. Policy and procedures. (Code 1970, § 2-35) (a) Officers. Each officer shall perform all du- ties required of his office by state law, the charter, Secs. 2-44-2-50. Reserved. the Code of the village, and such other duties not in conflict therewith as may be required by the DIVISION 2. DEPARTMENT OF TREASURY village manager. (b) Department heads. The heads of departments Sec. 2-51. Treasurer's duties. shall: In all cases where the duty is not expressly (1) Responsibility to administrator. Be imme- charged to any other department or office, it shall diately responsible to the village manager be the duty of the treasurer to act to promote, for the effective administration of their re- secure and preserve the financial and property spective departments and all activities as- interests of the village. The treasurer shall: signed thereto, except as provided in sec- (1) Fiscal supervision over officers. Exercise tion 2-40. general supervision over all officers of the (2) Inaugurate sound practices. Keep informed village regarding the proper management as to the latest ractices in their articular of the fiscal concerns of their respective of- p P field and shaii inaugurate, with the ap- fices. proval of the village manager, such new (2) Examine books. Examine the books of each practices as appear to be of benefit to the department, from time to time, and see that service and to the public. they are kept in proper form. (3) Report to village manager. Submit monthly (3) Report delinquent payments and financial and annual reports of the activities of his reports. See that officers receiving money department to the village manager. pay the same into the village treasury, 138 ADMINISTRATION § 2-138 within sixty (60) days of his appointment and re- ARTICLE V. PENSIONS AND taro village residence during his period of appoint- RETIREMENT SYSTEMS ment. (Code 1970, § 2-26) DIVISION 1. GENERALLY Secs. 2-129-2-135. Reserved. Sec. 2.116. Removal. DIVISION 2. SOCLAL SECURITY* The village council may remove the village man- ager at any time by a majority vote of the mem- Sec. 2.136. Declaration of policy. tiers. In the event the village manager is removed from office by the village council without good It is hereby declared to be the policy and pur- cause during a time that the village manager is pose of the village to extend, effective as of Oc- willing and able to perform his duties, then, in tober 1, 1956, to the employees and officials that event, the village shall pay the village man- thereof, not excluded by law, nor excepted herein, ager a lump sum cash payment equal to one (1) the benefits of the system of old-age and survivors month's salary after a village manager has served insurance as authorized by the Federal Social Se- the village for at least twelve (12) months and curity Act and amendments thereto, and by F.S. shall pay him two (2) months' salary after a vil- chapter 650, as amended; and to cover by such lage manager has served the village for at .least plan all services which constitute employment as two (2) years, and shall pay the village manager defined in F.S. section 650.02, performed in the three (3) months' salary after a village manager employ of the village by employees and officials has served the village for three (3) years or more, thereof, except elected officials and except part- with the payment never to exceed three (3) months' time employees. aggregate salary, and such payment shall relieve (Code 1970, § 26-11) the village of all obligations to the manager. (Code 1970, § 2-26; Ord. No. 11-89, § 1, 5-25-89) Sec. 2-137. Exclusions from coverage. There is hereby excluded from this article any Sec. 2.117. Bond. authority to include in any agreement enter$d into under section 2-138 of this article any service, po- Thevillage manager shall furnish a surety bond sition, employee, or official covered as of Feb- to be approved by the council, such bond to be ruary 11, 1957, by or eligible to be covered by a conditioned on the faithful performance of his du- then existing retirement system. ties. The premium of the bond shall be paid by the (Code 1970, § 26-12) village. (Code 1970, § 2-28) Sec. 2-138. Agreement authorized. The mayor is hereby authorized and directed to execute all necessary agreements and amend- Secs. 2-118-2.121. Reserved. ments thereto with the division of retirement of the department of administration, as state agency, for the purpose of extending the benefits provided Secs. 2-122, 2.123. Reserved. by the federal system of old-age and survivors in- Editor's note-Ord. No. 15-80, § 3, adopted July 24, 1980, surance to the employees and officials of the vil- repealed 2-122 and 2-123, relative to the appointment and lage as provided in section 2-136, which agree- dutiesoftheassistantvillagemanager,respectively. Such sec- meat shall provide for such methods of tions formerly derived from Ord. No. 5-79, § 2, adopted Mar. 8, administration of the plan by the village as are - 1979' found by the state agency to be necessary and *State law reference-Social security for public employees, Secs. 2.124-2-128. Reserved. F.S. Ch. 650. 143 I § 2-138 NORTH PALM BEACH CODE proper, and shall be effective with respect to ser- Sec. 2-143. Social Security Act adopted. vices in employment covered by such agreement The village does hereby adopt the terms, condi- performed on and after the first day of October, tions, requirements, reservations, benefits, privi- 1956. leges and other conditions thereunto appertaining, (Code 1970, § 26-13) of title II of the Social Security Act as amended, for and on behalf of all officers and employees of Sec. 2.139. Withholding from wages. its departments and agencies to be covered under Withholdings from salaries, wages, or other com- the agreement. pensation of employees and officials for the pur--- (Code 1970, § 26-18) pose provided in section 2-136 are hereby autho- Editor's note-Title II of the Social Security Act is found in the United States- Code (and United States Code Annotated), rized to be made, and shall be made, in the Title 42, 401-425. amounts and at such times as may be required by applicable state or federal laws or regulations, and Secs. 2-144, 2.145. Reserved. shall be paid over to the state agency designated by law or regulations to receive -such amounts. (Code 1970, § 26-14) ~ 'DIVISION 3. PENSION AND CERTAIN OTHER BENEFITS FOR GENERAL EMPLOYEES* Sec. 2-140. Appropriations by village. There shall be appropriated from available Sec. 2-146. Definitions. funds, derived from the general fund, such amounts, at such times, as may be required to pay As used herein, unless otherwise defined or re- promptly the contributions and assessments re- quired by the context, the following words and quired of the village as employer by applicable phrases shall have the meaning indicated: state or federal laws or regulations, which shall Accruad benefit is the benefit earned to date be paid over to the lawfully designated state using the normal retirement benefit. agency at the times. and in the manner provided by law and regulation. ~ Actuarial equivalence or actuarially equivalent (Code 1970, § 26-15) means that any benefit payable under the terms of this plan in a form other than the normal form Sec. 2-141. Records and reports. of benefit shall have'the same actuarial present value on the date payment commences as the The village shall keep such records -and make normal form of benefit. For purposes of estab- suchreports as may be required by applicable state lish}ng the actuarial present value of any form of or federal laws or regulations, and shall adhere to payment, other than a lump sum distribution, all the regulations of the state agency: future payments shall be discounted for interest (Code 1970, § 26-16) and mortality by using seven-percent interest and the 1983 group annuity mortality table for males Sec. 2.142. Withholding and reporting agent. with ages set ahead five (5) years in the case of disability retirees. In the case of a lump sum dis- (a) The village treasurer is hereby designated tribution, the actuarial present value shall be de- the custodian of all sums 'withheld from the com- termined on the basis of the same mortality rates pensation of officers and employees and of the ap- . a., f^ +h „ +hn ~~l_ *Editor's note-Section 13 of Ord. No. 1-83, adopted Jan. propriated funu~ ~r ~ e contribu„'o~. ~f lage pursuant to this division. 13, 1983, repealed Ord. No. 10.82, adopted June 10, 1982, from which ordinance 2-146-2-156 formerly derived. At the dis- I (b) The village clerk is hereby made the with- cretion of the editor, 1-11 of Ord: No. 1-83 have been cod- holding and reporting agent and charged with the ified as herein set out in 2-146-2.156. All funds and assets from the former system, as aet out by Ord. No. 10-82, are duty of maintaining personnel records for the pur- transferred to this system, as set out by Ord. No. 1-83, and all pose of this dlvlsi0n. rights and benefits of members in that system will be credited I (Code 1970, § 26-17) to and maintained by this fund. 144 ADMINISTRATION § 2-147 as just described and the pension benefit guar- ment and will become a participant on the Oc- anty corporation's interest rates for terminating tober 1 of the next following year. single employer plans which rates are in effect on the October 1 immediately preceding the mem- Spouse means the lawful wife or husband of a tier's date of termination. member at the time of preretirement death or re- tirement. Agreement means the written ordinance from System means the Village of North Palm Beach which this division derived, setting forth the pro- general. retirement fund as contained herein and visions of the retirement system. all amendments thereto. Beneficiary means the persons or persons enti- (Ord. No. 1-83, § 1, 1-13-83; Ord. No. 13-83, § 1, tied to receive benefits hereunder and who has or 9-8-83; Ord. No. 36-90, § 1, 10-25-90) have been designated as such in writing by the Cross reference-Definitions and rules of construction gen- member and filed with the board. If no such des- erally, § 1-2. ignation is in effect at the time of death of the member, or if no such person so designated is Sec. 2.147. Membership. living at that time, the beneficiary shall be the estate of the member. (a) Conditions of eligibility. All employees as of the effective date and all future new employees, Board means the board of retirement, which except members of the fire department and police shall administer and manage the system herein department, shall become members of this system provided and serve as trustees of the fund. as a condition of employment. Credited service means the total number of years (b) Application for membership. Each current and fractional parts of years of actual service with and future eligible employee shall complete an the village, beginning after one (1) year of contin- application form covering items set forth below, uous service. and provide other information, as may be pre- scribed by the board. Earnings means gross salary, (including over- time) but excluding bonuses or any other nonreg- (1) Acceptance. of the terms and conditions of ular payments such as unused sick leave and va- the retirement system. cation time pay. (2) Designation of a beneficiary or beneficia- Effective date means the date on which this di- ries. vision becomes effective [January 13, 1983]. Plan (3) A certified statement as to prior medical year is from October 1 to September 30. history. Employee shall mean any actively employed full- (4) A written release allowing distribution of time general employees of the village, except all medical records to the board. firemen and policemen. For the purposes of all benefits hereunder, an Final average earnings means the arithmetic application for membership shall be considered to average of the twelve (12) months earnings for the have been in effect from date of employment, even highest sixty (60) months of the one hundred though officially accepted and approved by the twenty (120) consecutive months of service imme- board at a later date. Failure to complete an ap- diately preceding the retirement or termination plication within ninety (90) days of employment of a member, and written notice of this agreement shall consti- tute adeliberate choice to be excluded from the Fund means the trust fund established herein system. . as part of the system. (c) Change in designation of beneficiary. A Member means an actively employed full-time member may, from time to time, change his des- employee who fulfills the prescribed participation ignated beneficiary without approval by the board requirements, after twelve (12) months employ- of trustees or previous benef"iciary by written no- 145 § 2-147 NORTH PALM BEACH CODE tice to the board upon forms provided by the board. Termination o f employment. A participant Upon such change, the rights of all previously who terminates his employment for reason other designated beneficiaries to receive any benefits than death or retirement shall be entitled to a under the system shall cease. deferred monthly retirement benefit commencing (Ord. No. 1-83, § 2, 1-13-83) at his normal retirement date equal to the product of his vested percentage, as determined from the following schedule,. and his accrued benefit: Sec. 2-148. Benefit amounts and eligibility. credited Service Vested Percentage (a) Retirement date. A member's normal retire- ment date shall be the first day of the month co- Less than 5 0 incident with, or next following, attainment of his 5 but less than 7 50 sixty-fifth birthday. A member may retire on his 7 but less than 9 75 normal retirement date or on the first day of any 9 or more 100 month thereafter, and each member shall become (Ord. No. 1-83, § 3, 1-13-83) one-hundred-percent vested in his accrued benefit on his normal retirement date. Sec. 2-149. Normal and optional forms of ben- (b) Retirement benefit. A member retiring here- efits. under on or after his normal retirement date shall (a) The normal form of retirement benefit is a receive a monthly benefit which shall commence monthly benefit for life. on his retirement date and be continued there- Each member entitled to a normal or early after during his lifetime, ceasing upon death. The retirement benefit shall have the right, at any member's annual pension benefit shall equal. two time prior to the date on which benefit payments (2) percent of final average earnings multiplied by begin, to elect to have this benefit payable under the member's credited service for the first twenty any of the options hereinafter set forth in lieu of (20) years of credited service and one (1) percent such benefits and to revoke any such elections for each year of credited service thereafter. and make a new election at any time prior to the (c) Late retirement. A participant who retires actual beginning of payments. The value of op- after his normal retirement date shall be paid the tional benefits shall be the actuarial equivalent of monthly benefit otherwise payable to the partici- the value of benefits otherwise payable. The pant at his normal retirement date increased by member shall make such an election by written using the benefit formula for normal retirement request to the board, such request being retained together with consideration of his additional years in the board's files. or fractional parts of years of credited service and Option 1. Joint and last survivor option. The final average earnings. member may elect to receive a benefit Burin his lifetime and have such benefit ember ma retire after (d) Earl retirement. A m y g y age fifty-five (55). If a member does retire early; (or a designated fraction thereof) continued his or her pension shall be actuarially reduced. after his death to and during the lifetime of (e) Preretirement death. If a member is age fifty- his designated beneficiary. The minimum five (55) and has five (5) years of continuous ser- joint and survivor percentage shall be fifty vice and dies prior to normal retirement date, a (50) percent, reduced actuarially to the age of the beneficiary. The election of option 1 pension benefit of fifty {50) percent of the an?o,~nt shall be nuii and void if the designated ben- the member would have been entitled to, actuar- eficiary dies before the member's benefit Tally reduced for early retirement, shall be paid to payments commence. the surviving beneficiary for as long as the bene- ficiary shall live. Such amount shall be based on Option 2. Life annuity with ten years certain. the amount payable under the fifty-percent joint The member may elect to receive a monthly and survivor option, reduced actuarially to the benefit for one hundred twenty (120) age of the beneficiary. monthly payments certain. In the event the 146 ADMINISTRATION § 2-151 member dies after his retirement, but be- Two (2) members of the board shall be employees fore he has received retirement benefits for of the village. The employee members shall be a period of ten (10) years, the same monthly elected at large by full-time village employees who benefit will be paid to the beneficiary (or are not firemen or policemen. Employees who are beneficiaries) as designated by the member elected cannot work in the same departments of for the balance of such ten-year period or, if the village. The term of service of employees on no beneficiary is designated, to the sur- the general retirement board shall be indefinite viving spouse, or estate of the member. or until the time such employee member of the Option 3. Other. In lieu of the optional forms retirement board is retired, disabled, resigns, ter- enumerated in this section, benefits may urinates village employment or is removed for mis- be paid in any form approved by the board conduct by majority vote of the employees or the so long as it is the actuarial equivalent of council of the village or for nonparticipation by the benefits otherwise payable. missing two (2) or more consecutive meetings. The election to the board shall be arranged by the vil- Option 4. Social security adjustment option. If a lage clerk, who shall give reasonable notice of the member retires before being eligible for so- election to the eligible voters. One (1) member of cial security benefits, he or she may elect the general retirement board shall be a resident an option to receive a larger pension up to of the village, selected by the village council, one the date he or she begins receiving social (1) member shall be the village manager and one security benefits. The member's pension (1) member shall be the village mayor who shall benefits shall be appropriately reduced after serve as nonvoting chairman except in case of a social security payments begin. The amount tie vote of the retirement board. The mayor may of reduction shall be actuarially determined designate another member of the village council by the actuary. to serve in his place, from time to time. (Ord. No. 1-83, § 4, 1-13-83) Sec. 2.150. Village contributions. (b) Should a vacancy occur in the position of a member serving as an employee member, the vil- la) Generally. So long as this system is in effect, lage employees shall, within thirty (30) days, hold the village shall make a contribution to the trust an election and elect a successor to serve. Should fund in an amount equal to the total cost for the the member appointed by village council resign or year as shown by the most recent actuarial valu- relinquish his duties on the general retirement ation of the system. The total cost for any year board, his successor shall be appointed by the vil- shall be defined as the total normal cost, plus the lage council within thirty (30) days. additional amount sufficient to amortize the un- funded accrued past service liability over aforty- (c) The retirement board hereby created shall year period. perform all duties and enjoy all rights and powers vested by law or ordinance, and the village at- (b) Other. Private donations, gifts and contri- torney may give advice and legal assistance to butions may be deposited to the fund, but such said retirement board in all matters pertaining to deposits must be accounted for separately and kept the performance of their duties, whenever re- on asegregated bookkeeping basis. Funds from quested and may prosecute and defend all suits these sources may be used only for additional ben- which may be instituted by or against it; pro- efits for members, as determined by the board, vided, however, the retirement board may, in its and may not be used to reduce required village discretion, employ independent legal counsel for contributions. such purposes, if funded by the village council, (Ord. No. 1-83, § 5, 1-13-83) the expense of such employment to be paid by the Sec. 2-151. Retirement board, establishment. village. (a) There is hereby created a general employees (d) The retirement board shall have full au- retirement board of the village which shall con- thority to administer all the provisions of this di- sist of five (5) members. vision and shall cause all disbursements and re- 147 § 2-151 NORTH PALM BEACH CODE ceipt for all monies received by the fund through village and shall be liable in the same manner the office of the village treasurer. The retirement and to the same extent as is liable for the safe- board shall appoint a secretary who shall keep a keeping of the funds of the village as provided for complete record of all actions and proceedings by by law. All funds now held by the village for this the board. retirement system are hereby transferred to the (e) The retirement board shall continue to exist fund established by this division. exclusively for the purpose provided by this divi- (Ord. No. 1-83, § 8, 1-13-83; Ord. No. 11-85, § 1, sion and related legislation, and the responsi- 7-11-85) bility for the administration and proper operation thereof and for effectuating the provisions of the Sec. 2-154. Oaths of office; meetings; quorum. law relating thereto, is vested in the retirement Before entering upon their duties as members board. of the board, each member shall take and sub- (Ord. No. 1-83, § 6, 1-13.83) scribe to the oath of office required by the village Charter, which oath shall be filed with the village Sec. 2.152. Additional rules and regulations clerk. The board shall meet as often as necessary authorized. or upon the call of the chairman or any member The retirement board shall have the power to thereof or upon request of the village clerk. A adopt rules and regulations, not inconsistent with majority of the board shall constitute a quorum the provisions of this division, governing its ac- for the transaction of any business. Notice ofineet- tivities and providing for the certification of the logs shall be given to council and the public at sum to be paid a retired member from the general least seven (7) days in advance. retirement fund. (Ord. No. 1-83, § 9, 1-13-83) (Ord. No. 1-83, § 7, 1-13-83) Sec. 2-155. Id.epeal or termination of system. Sec. 2-153. Investing funds; custodian of se- curities. (a) This division establishing the system and fund, and. subsequent ordinances pertaining to the (a) The retirement board shall have the power system and fund, maybe modified, terminated or and authority to direct the village treasurer to amended in whole or in part; provided that if this invest and reinvest the assets of the general re- division or any subsequent ordinance shall be tirement fund in a manner consistent with laws amended or repealed in its application to any and statutes governing the investment of the vil- person benefiting hereunder, the amount of ben- lage. Each of the foregoing powers and functions efits which at the time of any such alteration, reposed in the retirement board may be performed amendment or repeal shall have accrued to the and carried out by the village treasurer, at the member or beneficiary shall not be affected direction of the retirement board through duly thereby, except to the extent that the assets of the authorized agents, provided that the village trea- fund may be determined to be inadequate. surer shall, at all times, maintain continuous su- If this division is repealed and not super- ervision over the acts of an such agent(s); pro- p y ns ion lan or if contributio vided further, that legal title to the funds shall seded by another pens p , remain at all times in the name of the village. to the system are discontinued, the board shall continue to administer the system. in accordance ~7,~ m •i + .74' .a' rr~.rnnt ~;it}: th° nrn_nginng of thig r~ivicinn_ for tl'tP_. sole (b) 1 he Village, Or IBS desisiiiateu illiiuin5 ~6" f Y ~ shall be the custodian of all securities, and the benefit of the then members, any beneficiaries accretion thereof shall become a part of the gen- then receiving retirement allowances, and any fu- eral retirement fund. All funds and securities of ture persons entitled to receive benefits under one the general retirement fund shall be deposited (1) of the options provided for in this division who with the village treasurer, who shall keep then in are designated by any of such members. In the a separate fund, and shall be liable for the safe- event of such repeal, or if contributions to the keeping of the same under the bond given to the system are discontinued, there shall be full vesting 148 ADMINISTRATION § 2-156 one hundred (100) percent of benefits on a propor- (3) If there be any asset value after the appor- tionate basis to the person entitled to benefits in tionments under subparagraph (1) and (2), accordance with the provisions thereof. apportionment shall be made in respect of (c) The following shall be the order of priority each member in the service of the village for purposes of allocating the assets of the system on such date who is not entitled to an ap- as of the date of such repeal of thin division, or if portionment under subparagraphs (1) and contributions to the system are discontinued with (2)` in the amount equal to his accumulated the date of such discontinuance being determined benefits, provided that, if such remaining by the board: asset value be less than the aggregate of the .amounts apportioned hereunder, such (1) Apportionment shall first be made in re- latter amounts shall be proportionately re- spect to each retired member receiving a duced so that the aggregate of such reduced benefit or each person receiving a benefit amounts will be equal to such remaining on such date on account of a retired (but asset value. since deceased) member, and each member who has, by such date, become eligible for (4) If there be any asset value remaining after normal retirement but has not yet retired, the apportionments under subparagraphs an amount which is the actuarial equva- (1), (2) and (3), apportionments shall lastly .lent of such benefit, based upon the actu- be made in respect of each member included arial assumptions used for purposes of the in subparagraph (3) above to the extent of most recent actuarial valuation, provided the actuarial equivalent, as described in (1) that, if such asset value be less than the above, of the accrued normal retirement aggregate of such amounts, such amounts benefit, less the amount apportioned in sub- . shall be proportionately reduced so that the Paragraph (3), based on the credit service aggregate of such reduced amounts will be and average monthly earnings as of such equal to such asset value. date, provided that, if such remaining asset value be less than the aggregate of the (2) If there be any asset value remaining after amounts apportioned hereunder, such the apportionment under subparagraph (1), amounts shall be reduced so that the ag- apportionment shall next be made in re- gregate of such reduced amounts will be spect of each member in the service of the equal to such remaining asset value. village on such date who has completed at least ten (10) years of credited service and (d) After all the vested and accrued benefits pro- who is not entitled to an apportionment vided hereunder have been paid and after all other under subparagraph (1), in the amount re- liabilities have been satisfied, then and only then quired to provide the actuaxial equivalent, shall any remaining funds revert to the general as described in (1) above, of the actuarial fund of the village. normal retirement benefit, based on the (Ord. No. 1-83, § 10, 1-13-83) credited service and average monthly earn- fee. 2-156. Miscellaneous. ings as of such date, and each vested former member then entitled to a deferred benefit (a) Discharged members. Members entitled to a who has not, by such date, begun receiving pension as approved by the pension board shall benefit payments, in the amount required not forfeit the same upon dismissal from the vil- to provide said actuarial equivalent of the lage, but shall be retired as herein described. accrued normal retirement benefit, provided that, if such remaining asset value be less Nonassignability. No benefit provided for _ than the aggregate of the amounts appor- herein shall be assignable or subject to garnish- tionedhereunder, such latter amounts shall ment for debt or for other legal process. be proportionately reduced so that the ag- (c) Pension validity. The board of retirement gregate of such amounts will be equal to shall have the power to examine into the facts such remaining asset value. upon which any pension shall heretofore or here- 149 § 2-156 NORTH PALM BEACH CODE after have been granted or obtained to determine Agreement means the written ordinance from if such pension was granted erroneously, fraudu- which this division derived setting forth the pro- lently or illegally for any reason. The board is visions of the retirement system. empowered to purge the pension rolls of any person heretofore or hereafter granted a pension under Beneficiary means the person or persons enti- prior or existing law or heretofore granted under tled to receive benefits hereunder at the death of this division if the same is found to be erroneous, a member who has or have been designated in fraudulent or illegal for any reason; and to reclas- writing by the member and filed with the board. sift' any pensioner who has heretofore under any If no such designation is in effect at the time of prior or existing law or who shall hereafter under death of the member, or if no such person so des- this division be erroneously, improperly or ille- ignated is living at that time, the beneficiary shall Bally classified. be the estate of the member. (d) Incompetents. If any member or beneficiary Board means the board of retirement, which is a minor or is, in the judgment of the board, shall administer and manage the system herein otherwise incapable of personally receiving and provided and serve as trustees of the fund. giving a valid receipt for any payment due him under the system, the board may, unless and until Credited service means the total number of years claims shall have been made by a duly appointed and fractional parts of years of actual service with guardian of such person, make such payment or the village, beginning after one year of contin- anypart to such person's spouse, children or other uous service. person deemed by the board, in its sole discretion, to have incurred expenses or assumed responsi- Earnings means gross salary, including over- bility for the expenses of such person. Any pay- time, but excluding bonuses, or any other nonreg- ment so made shall be a complete discharge of ular payments such as unused sick leave pay or any liability under the system for such payment. vacation time pay. (Ord. No. 1-83, § 11, 1-13-83) Effective date means the date on which this di- Secs. 2.157, 2-158. Reserved. vision becomes effective [June 10, 1982]. Plan year is from October 1 to September 30. DIVISION 4. PENSION AND CERTAIN Employee shall mean all actively employed full- OTHER BENEFITS FOR FIRE AND POLICE time fire and police employees of the village. EMPLOYEES* Final average earnings means the arithmetic Sec. 2.159. Definitions. average of annual earnings for the highest five (5) years of the ten (10) consecutive years of service As used herein, unless otherwise defined or re- immediately preceding the retirement or termi- quired by the context, the following words and nation of a member. phrases shall have the meaning indicated: Accrued benefit is the benefit earned to date Fund means the trust fund established herein using the normal retirement benefit. as part of the system. Actuarial equivalent means a benefit or amount Member means an actively employed full-time of equal value, based upon the 1971 group an- fire and police employee who fulfills the prescribed nuity mortality table. participation requirements, after twelve (12) months employment, and will become a partici- *Editor's note-Ordinance No. 9-82, enacted June 10,1982, pant on the October 1 coincident or next following. did not expressly amend the Code; hence, codification of 1-11 as herein set out in 2-159-2-169 was at the discretion Spouse means the lawful wife or husband of a of the editor. Cross references-Fire division, § 12-29 et seq.; police, member at the time of preretirement death or re- Ch. 23. tixement. 150 ADMINISTRATION § 2-161 System means the Village of North Palm Beach come one-hundred-percent vested in his accrued fire and police retirement fund, as contained benefit on his normal retirement date. herein and all amendments thereto. (Ord. No. 9-82, § 1, 6-10-82) (b) Retirement benefit. A member retiring here- Crossreference-Definitions and rules of construction gen- under on or after his normal retirement date shall erally, § 1-2. receive a monthly benefit which shall commence on his retirement date and be continued there- Sec. 2.160. Membership. after during his lifetime, ceasing upon death. The (a) Conditions of eligibility. All fire and police member's annual pension benefit shall equal two employees as of the effective date, and all future and one-fourth (21/4) percent of final average earn- new fire and police employees, shall become mem- ings multiplied by the member s credited service. bers of this system as a condition of employment. The maximum benefit is fifty (50) percent of final average. (b) Application for membership. Each current and future eligible employee shall complete an (c) Late retirement. A participant who retires application form covering certain items, and pro- after his normal retirement date shall be paid the vide other information, as follows or may be pre- monthly benefit otherwise payable to the partici- scribed by the board. pant at his normal retirement date increased ac- (1) Acceptance of the terms and conditions of tuarially to his actual benefit commencement date. the retirement system. (d) Early retirement. A member may retire after (2) Designation of a beneficiary or beneficia- age fifty (50). If a member does retire early, his or ries. her pension benefits shall be actuarially reduced. (3) A certified statement as to prior medical (e) Preretirement death. If a member is age fifty- history. five {55) and has five (5) years of continuous ser- (4) A written release allowing distribution of vice and has been married for one (1) year and all medical records to the board. dies prior to normal retirement date, a pension benefit of fifty (50) percent of the amount the For the purposes of all benefits hereunder, an ap- member would have been entitled to, actuarially plication for membership shall be considered to reduced for early retirement, shall be paid to the have been in effect from date of employment, even surviving spouse for as long as the spouse shall though officially accepted and approved by the live. Such amount shall be based on the amount board at a later date. payable under the fifty-percent joint and survivor (c) Change in designation of beneficiary. A option. The spouse's pension benefit shall be ad- member may, from time to time, change his des- justed for changes in the cost of living benefit. ignated beneficiary by written notice to the board The cost of this death benefit is to be borne by the upon forms provided by the board. Upon such participant in the form of an actuarial reduction change, the rights of all previously designated ben- in the participant's or spouse's annuity. eficiaries to receive any benefits under the system shall cease. (f) Cost o f living. The amount of pension benefit (Ord. No. 9-82, § 2, 6-10-82) will be increased or decreased in accordance with the changes in the consumer price index pub- Sec. 2.161. Benefit amounts and eligibility. fished by the U.S. Bureau of Labor Statistics. Ad- justments of pension payments will be made on (a) Retirement date. A member's normal retire- October 1 of each year reflecting the change in ment date shall be the first day of the month co- the consumer price index over the twelve-month ' incident with, or next following, the attainment period ending three (3) months before that date. of his sixtieth birthday. A member may retire on The maximum increase or decrease in the mem- his normal retirement date or on the first day of ber's pension benefit for any one (1) year is three any month thereafter, and each member shall be- (3) percent. However, the member's pension ben- 151 fill § 2-161 NORTH PALM BEACH CODE efit can never be reduced below the amount the total and permanent disability as a result member received at date of retirement. of a disability commencing prior to his normal retirement date is the monthly in- (g) Termination of employment. A participant come payable for ten (10) years certain and who terminates his employment for reasons other life which can be provided by the single-sum than death or retirement shall be entitled to a value of the deferred monthly retirement deferred monthly retirement benefit commencing income beginning at normal retirement ' at his normal retirement date equal to the product date which has accrued to his date of dis- of his vested percentage,. as determined from the ability (where the amount of such accrued following schedule and his accrued benefit: deferred monthly retirement income is com- Credited Service Vested Percentage puted by multiplying his number of years of actual credited service as of his date of Less than 10 0 disability by two and one-fourth (21/4) per- 10 or more 100 cent of his average final compensation). (h) Disability retirement. (5) a. The monthly retirement income to (1) A member having ten (10) or more years of which a member is entitled in the event credited service may retire from the service of his disability retirement will bepay- ofthe village under the plan if, prior to his able on the first day of each month. normal retirement date, he becomes totally The first payment will be made on the and permanently disabled as defined insub- first day of the month following the section (2) hereof; on or after the effective later to occur ofi date of the plan. Such retirement shall 1. The date on which the disability herein be referred to as disability retire- has existed for six (6) months; and ment. 2. The date the board of trustees ap- (2) A member will be considered totally dis- proves the payment of such retire- abled if, in the opinion of the board- of ment income. trustees, he is wholly prevented from ren- b. The last payment will be: dering useful and efficient service as a po- lice officer or fireman, and a member will 1. If the member recovers from the be considered permanently disabled if, in disability prior to his normal re- the opinion of the ~ board of trustees, such tirement date, the payment due member is likely to remain'so disabled con- next preceding the date of such re- tinuously and permanently. covery; or (3) No member shall -be permitted to retire If the member dies without recov- under the provisions of this section until eying from his disability or attains examined by a duly qualified physician or his normal retirement date while surgeon, to be selected by the board of still disabled, the payment due trustees for that purpose, and is found to be next preceding his death or the one disabled in the degree and in the manner hundred twentieth monthly pay- specified in this section. Any -member re- ment, whichever is later. tiring under this section shall be examined periedic?lly by a d„ly q,~alifed physician c. ?~lYlY monthly retirement income pay- or surgeon or board of physicians and sur- ments due after the death of a disabled geons to be selected by the board of trustees member shall be paid to the member s for that purpose, to determine if such dis- designated beneficiary (or beneficia- ability has ceased to exist. ries): (4) The benefit payable to a member who re- (6) If the board of trustees finds that a member tires from the service of the village with a who is receiving a disability retirement in- -152 ADMINISTRATION § 2-163 come is, at any time prior to his normal one hundred twenty (120) monthly pay- retirement date, no longer disabled, as pro- ments certain and then continuing there- vided herein, the board of trustees shall di- after only during the lifetime of the rect that the disability retirement income member. be discontinued. Recovery from disability as used herein shall mean the ability of the Option 3. Other. In lieu of the optional forms member to render useful and efficient ser- enumerated in this section, benefits may vice as a police officer or fireman. be paid in any form approved by the board so long as it is the actuarial equivalent of (7) If the member recovers from disability and the benefits otherwise payable. reenters the service of the village as a po- lice officer or fireman, his service will be Option 4. Social security adjustment option. If a deemed to have been continuous, but the member retires before being eligible for so- period beginning with the first month for cial security benefits, he or she may elect which he received a disability retirement this option. A member may elect to receive income payment and ending with the date a larger pension up to the date he or she he reentered the service of the village will begins receiving social security benefits. not be considered as credited ser~~ice for the The member's pension benefits may be re- purposes of the plan. duced or terminated after social security (Ord. No. 9-82, § 3, 6-10-82; Ord. No. 20-82, § 1, ,payments begin. The amount of reduction 11-18-82) shall be actuarially determined by the ac- tuary. Sec. 2.162. Optional forms of benefits. ~ (Ord. No. 9-82, § 4, 6-10-82) Each member entitled to a normal or early re- tirementbenefit shall have the right, at any time Sec. 2.163. Village contributions. prior to the date on which benefit payments begin, to elect to have this benefit payable under any of (a) Village contributions. So long as this system the options hereinafter set forth in lieu of benefits is in effect, the village shall make a contribution provided herein, and to revoke any such elections to the trust fund in an amount, minus the annual and make a new election at any time prior to the amount received from F.S. chapters 175 and 185, actual beginning of payments. The value of op- equal to the total cost for the year as shown by the tional benefits shall be the actuarial equivalent of most recent actuarial valuation of the system. The the value of benefits otherwise payable. The total cost for any year shall be defined as the total member shall make such an election by written normal cost, plus the additional amount sufficient request to the board, such request being retained to amortize the unfunded accrued past service li- in the board's files. ability over aforty-year period. Option 1. Joint and last survivor option. The (b) Other. Private donations, gifts and contri- member may elect to receive a benefit butions may be deposited to the fund, but such during his lifetime and have .such benefit deposits must be accounted for separately and kept (or a designated fraction thereof) continued on a segregated bookkeeping basis. Funds arising after his death to and during the lifetime of from these sources may be used only for addi- his spouse or a relative other than his tional benefits for members, as determined by the spouse. The minimum joint and survivor board, and may not be used to 'reduce what would percentage shall be fifty (50) percent. The have otherwise been required village contribu- election of option 1 shall be null and void if tion. the designated beneficiary dies before the (c) Member contributions. Each member shall member's benefit payments commence. contribute towards the cost of the system one (1) Option 2. Life annuity and ten years certain. The percent of his/her salary as required by F.S. chap- member may elect to receive a benefit for ters 175 and 185. Such contributions may not be 153 § 2-163 NORTH PALM BEACH CODE ~~- used to reduce what would have otherwise been ployment to be paid by the village, providing the required village contributions. expense has been funded by the village council. (Ord. No. 9-82, § 5, 6-10-82; Ord. No. 23-86, § 1, (d) The retirement board shall have full au- 12-11-86) thority to administer all the provisions of this act [division] and shall make all disbursements and Sec. 2.164. Retirement board established. receipt for all monies received by the fund. The . retirement board shall appoint a secretary who (a) There is hereby created a fire and police re- shall keep a complete record of all actions and tirement board of the village, consisting of five (5) proceedings by the board. members; two (2) of whom shall be firefighters of (e) The fire and police retirement board shall the village; and two (2) of whom shall be policemen continue to exist exclusively for the purpose pro- of the village. One (1) member of the five (5) mem- vided by this [division] and related legislation, and hers of the fire and police retirement board shall the responsibility for the administration and be a resident of the village and shall be selected proper operation thereof and for effectuating the by the village council. The members shall, by ma- provisions of the law relating thereto, is vested in jority vote, elect from its [the board's] members a the retirement board. chairman and a secretary. The above-mentioned (Ord. No. 9-82, § 6, 6-10-82; Ord. No. 14-87, § 1, village employees shall be elected at large by the 9-10-87) village fire and police employees. The term of ser- vice on the fire and police retirement board shall be indefinite or until such time as such fire and Sec. 2-165. Additional rules and regulations police employee member of the retirement board authorized. is retired, disabled, otherwise leaves the employ- The retirement board shall have the power to ment of the municipality as a fire or police em- adopt rules and regulations, not inconsistent with ployee; is removed for misconduct by majority vote the provisions of this act [division], governing its of the fire and police employees of the village or activities and providing for the certification of the for nonparticipation by missing two (2) or more sum to be paid from the fire and police retirement consecutive regular meetings. fund. (Ord. No. 9-82, § 7, 6-10-82) (b) Should a vacancy occur in the fire and po- lice members serving. as employee member, the village fire and police employees shall, within Sec. 2-166. Investing funds; custodian of se- thirty (30) days, hold an election and elect a suc- curities. cessor to serve. Should the member appointed by (a) The retirement board shall have the power village council resign or relinquish duties on the and authority to direct the village treasurer to fire and police retirement board, his successor shall invest and reinvest the assets of the fire and po- be appointed by the village council within thirty lice retirement fund. Each of the foregoing powers (30) days. and functions reposed in the retirement board may j (c) The retirement board hereby created shall be performed and carried out by the village trea- perform all duties and enjoy all rights and powers surer, at the direction of the retirement board vested by law or ordinance, and the village at- through duly authorized agents, provided that the t ~ ~ » ~~p advice and lesral -village treasurer shall, at all times, maintain con- ~orney ~f h„ ~i~~age ma, a- tinuous supervision over the acts of any such assistance to the retirement board in all matters agent(s); provided further, that legal title to the pertaining to the performance of their duties, funds shall remain, at all times, in the name of whenever requested, and may prosecute and de- the village. fend all suits which may be instituted by or against it; provided, however, the retirement board may, (b) The village, or its designated funding agent, in their discretion, employ independent legal shall be the custodian of all securities, and the counsel for such purposes, the expense of such em- accretion thereof shall become a part of the fire 154 ADMINISTRATION § 2-168 and police retirement fund. All funds of the fire any future persons entitled to receive benefits and police retirement fund shall be deposited with under one (1) of the options provided for in this the village treasurer, who shall keep them in a division who are designated by any of the mem- separate fund and shall be liable for the safe- hers. In the event of repeal, or if contributions to keeping of the same under the bond given to the the system are discontinued, there shall be full village, and shall be liable in the same manner vesting (one hundred (100) percent) of benefits ac- and to the same extent as it is liable for the safe- trued to date of repeal and the assets of the system keeping of the funds of the village as provided for shall be allocated in an equitable manner to pro- by the law. All funds now held by the village for vide benefits on a proportionate basis to the person this retirement system are hereby transferred to so entitled to benefits in accordance with the pro- the fund established by this division. visions thereof. (Ord. No. 9-82, § 8, 6-10-82; Ord. 1Vo. 12-85, 1, 2, 7-11-85) (c) The following shall be the order of priority for purposes of allocating the assets of the system as of the date of repeal of this division, or if con- Sec. 2.167. Oaths of office, meetings, quorum tributions to the system are discontinued with the of board. date of such discontinuance being determined by Before entering upon their duties as members the board: of the board, each member shall take and sub- scribe to the oath of office required by the village (1) Apportionment shall first be made in re- Charter, which oath shall be filed with the village spect of each retired member receiving a clerk. The board shall meet as often as is deemed retirement or disability benefit hereunder necessary or upon the call of the chairman or any on such date, each person receiving aben- member thereof or upon request of the village efit on such date on account of a retired clerk. A majority of the board shall constitute a (but since deceased) member, and each quorum for the transaction of any business. No- member who has, by such date, become el- tice of the meetings shall be given to council and igible for normal retirement but has not the public at least seven (7) days in advance. yet retired, an amount which is the actu- (Ord. No. 9-82, § 9, 6-10-82) axial equivalent of such benefit, based upon the actuarial .assumptions in use for pur- poses of the most recent actuarial valua- Sec. 2-168. Repeal or termination of system. tion, provided that, if such asset value be (a) This division establishing the system and less than the aggregate of such amounts, fund, and subsequent ordinances pertaining to the such amounts shall be proportionately re- system and fund, maybe modified, terminated, or duced so that the aggregate of such reduced amended, in whole or in part; provided that if this amounts will be equal to such asset value. division or any subsequent ordinance shall be (2) If there be any asset value remaining after amended or repealed in its application to any the apportionment under subparagraph (1), person benefiting hereunder, the amount of ben- efits which, at the time of any such alteration, apportionment shall next be made in re- amendment, or repeal, shall have accrued to the spect of each member in the service of the member or beneficiary shall not be affected village on such date who has completed at thereby, except to the extent that the assets of the least ten (10) years of credited service and fund may be determined to be inadequate. who is not entitled to an apportionment under subparagraph (1), in the amount re- (b) If this division shall be repealed, or if con- quired to provide the actuarial equivalent, . tributions to the system are discontinued, the as described in (1) above, of the accrued board shall continue to administer the system in normal retirement benefit, based on the accordance with the provisions of this division, for credited service and average monthly earn- the sole benefit of the then members, any benefi- ings as of such date, and each vested former ciaries then receiving retirement allowances and member then entitled to a deferred benefit 155 § 2-168 NORTH PALM BEACH CODE who has not, by such date, begun receiving plan such excess shall be divided proportionately benefit payments, in the amount required to the total contributions made by the village and to provide said actuarial equivalent of the the state. accrued normal retirement benefit, provided (Ord. No. 9-82, § 10, 6-10-82; Ord. No. 20-82, § 2, that, if such remaining asset value be less 11-18-82) than the aggregate of the amounts appor- Sec. 2.169. Miscellaneous. tinned hereunder, such latter amounts shall be proportionately reduced so that the ag- (a) Discharged members. Members entitled to a gregate of such amounts will be equal to pension as approved by the pension board shall such remaining asset value. not forfeit the same upon dismissal from the de- partment, but shall be retired as herein described. (3) If there be any asset value after the appor- (b) Nonassignability. No benef"it provided for tionments under subparagraphs (1) and (2), herein shall be assignable or subject to garnish- apportionment shall be made in respect of ment for debt or for other legal process. each member in the service of the village on such date who is not entitled to an ap- (c) Pension validity. The board of retirement portionment under subparagraphs (1) and shall have the power to examine the facts upon (2) in the amount equal to his accumulated which any pension shall heretofore have been benefits, provided that, if such remaining granted or obtained erroneously, fraudulently, or .asset value be less than the aggregate of illegally for any reason. The board is empowered the amounts apportioned hereunder, such to purge the pension rolls of any person heretofore latter amounts shall be proportionately re- granted a pension under prior or existing law or duced so that the aggregate of such reduced heretofore granted under this division if the same amounts will be equal to such remaining is found to be erroneous, fraudulent or illegal for asset value. any reason; and to reclassify any pensioner who has heretofore under any prior or existing law or (4) If there be any asset value remaining after who shall hereafter under this division be errone- the apportionments under subparagraphs ously, improperly, or illegally classified. (1), (2) and (3), apportionments shall lastly (d) Incompetents. If any member or beneficiary be made in respect of each member included is a minor or is, in the judgment of the board, in subparagraph (3) above to the extent of otherwise incapable of personally receiving and ! the actuarial equivalent, as described in (1) giving a valid receipt for any payment due him above, of the accrued normal retirement under the system, the board may, unless and until benefit, less the amount apportioned in sub- claims shall have been made by a duly appointed paragraph (3), based on the credited service guardian or committee of such person, make such ' hil- and average monthly earnings as of such payment or any part to such person s spouse, c date, provided that, if such remaining asset dren or other person deemed by the board in its value be less than the aggregate of the sole discretion to have incurred expenses or as- amounts apportioned hereunder, such sumed responsibility for the expenses of such amount shall be reduced so that the aggre- person. Any payment so made shall be a complete gate of such reduced amounts will be equal discharge of any liability under the system for to such remaining asset value. such payment. LL (Ord. No. 9-82, § 11, 6-10-82) (d) After all ttie vest^cd and aiii ~.ed bc°+n°vfito pr v' vided hereunder have been paid and after all other Sec. 2.170. Reserved. liabilities have been satisfied, then and only then ARTICLE VI. CODE ENFORCEMENT shall any remaining funds revert to the general BOARD fund of the village, less return of state's contribu- tions to the state, provided that, if the excess is Sec. 2.171. Declaration of legislative intent. less than the total contributions made by the vil- It is the intent of this article to promote, protect lage and the state to date of termination of the and improve the health, safety and welfare of the 156 ADMINISTRATION § 2-174 citizens of the village and to provide an equitable, ante code and Appendix A, appearance plan, expeditious, effective and inexpensive method of and the sign code. enforcing the hereinafter described codes and or- dinances of the village where a pending or re- Chapter 7, Village of North Palm Beach Code, peated violation continues to exist. containing the bulkhead lines code. (Ord. No. 19-79, § 1, 9-17-79; Ord. No. 9-80, § 2, Chapter 11, Village of North Palm Beach 4-24-80; Ord. No. 16-82, Art. 1, 9-9-82; Ord. No. Code, containing the electrical code. 2-86, § 1, 3-27-86) Chapter 12, Village of North Palm Beach Code, including the fire prevention: code. Sec. 2-172. Definitions. The following words, terms and phrases, when Chapter 14, Village of North Palm Beach used in this article, shall have the meanings as- Code,. containing the health and. sanitation code. cribed to them i~n this- section,. except where the Chapter 15, Village- of North- Palm Beach context clearly indicates a different meaning: Code; containing the housing code. Attorney. Attorney for the village who will ad- Chapter 17, Village of North Palm Beach vise the code enforcement board of legal rules or Code, containing the occupational license code. give other legal assistance as required. Code inspector. Those authorized agents or em- Chapter 19, Village of North Palm Beach ployees of the village whose duty it is to insure Code, containing the noise control code. code compliance with the codes referred to above, Chapter 24, Village of North Palm Beach including, but not limited to, the village man- Code, containing the streets, sidewalks and ager, building official, director of public safety, driveways code. and finance director. Enforcement board. The Village of North Palm Chapter 25, Village of North Palm Beach Beach Code Enforcement Board. Code, containing the swimming pool code. Repeat violation. A violation of a provision of a Chapter 27, Village of North Palm Beach code or ordinance by a person whom the code en- Code, containing the trees and shrubbery code, forcement board has previously found to have vi- including landscaping of yards and parking lots. olated the same provision within five (5) years prior to the violation. Chapter 28, Village of North Palm Beach (Ord. No. 19-79, § 3, 9-27-79; Ord. No. 9-80, § 4, Code, containing the franchise ordinance for the 4-24-80; Ord. No. 16-82, Art. II, 9-9-82; Ord. No, use of the Village rights-of--way for utilities. 8-90, § 1, 4-12-90) Chapter 36, Village of North Palm Beach Code, containing the subdivision code. Sec. 2.173. Applicability. Chapter. 45, Village of North Palm Beach The code enforcement board shall enforce and Code, containing the zoning code. have jurisdiction of the following codes: (Ord. No. 19-79, § 2, 9-27-79; Ord. No. 25-79, § 1, 12-13-79; Ord. No. 9-80, § 3, 4-24-80; Ord. No. Chapter 4, Village of North Palm Beach Code, 15-86, § 2, 10-9-86) containing the animals and fowl code. Chapter 5, Village of North Palm Beach Code, - containing the docks and waterways code. Sec. 2-174. Organization of board. Chapter 6, Village of North Palm Beach Code, (a) Qualifications and terms. The village council including the building code, the gas code, the shall appoint aseven-member code enforcement mechanical code, the plumbing code, the appear- board and legal counsel for the board. The mem- 157 i § 2-174 NORTH PALM BEACH CODE hers shall have the following qualifications and (c) Attorney. The village attorney shall be terms of office: counsel. to the code enforcement board. (1) Members of the enforcement board shall be (Ord. No. 19-79, § 4, 9-27-79; Ord. No. 9-80, § 5, 4-24-80; Ord. No. 16-82, Art. III, 9-9-82; Ord. No. residents of the village. Appointments shall g_g0, § 3, 4-12-90) be made by the village council on the basis of experience of interest in the fields of zoning and building control. The member- Sec. 2-175. Enforcement procedure. ship of the enforcement board shall, when- (a) It shall be the duty of the code inspector to ever possible, include: initiate enforcement proceedings of the various a. An architect; codes. b. A businessman; (b) If a violation of the codes is found, the code c. An engineer; inspector shall notify the violator, unless para- d. A general contractor; graph (c) of this section applies, and give the vio- e. A subcontractor; lator a reasonable time to correct the violation. f. A realtor; Should the violation continue beyond the time g. No particular profession. specified for correction, the code inspector shall (2) In order that the terms of office of all mem- notify the enforcement board and request a -- hers will not expire at the same time, the hearing pursuant to the procedure in section 2-176. initial appointments to the enforcement Written notice shall be mailed to the violator as board shall be as follows: provided herein.. a. Two.(2) members shall be appointed for (c) If the code inspector has reason to believe a a term of one (1) year; violation presents a serious threat to the public b. Three (3) members shall be appointed health, safety and welfare, the code inspector may for a term of two (2) years; proceed directly to the procedure in section 2-176 c. Two (2) members shall be appointed for without notifying. the violator. a term of three (3) years. (d) If a repeat violation is found, the code in- Thereafter, all appointments shall be made fora Spector shall notify the violator, but is not re- term of three (3) years. A member may be reap- quired to give the violator a reasonable time to pointed for one (1) successive term upon approval correct the violation. The code inspector, upon no- of the village council. Appointments to fill any tifying the violator of a repeat violation, shall no- vacancy on the enforcement board shall be for the tify the code enforcement board and request a remainder of the unexpired term of office. If any hearing pursuant to the procedure in section 2-176. member fails to attend two (2) of three (3) succes- The case may be presented to the code enforce- sive meetings without cause and without prior ment board even if the repeat violation has been approval of the chairman, the board shall declare corrected prior to the board hearing, and the no- the member's office vacant and the village council tice shall so state. Written notice, with a sched- shall promptly fill such vacancy. The members uled hearing, shall be provided pursuant to sec- shall serve at the pleasure of the village council. tion 2-180. (Ord. No. 19-79, § 5, 9-27-79; Ord. No. 9-80, § 6, (b) Officers; quorum; compensation. The mem- 4-24-80; Ord. No. 8-90, § 4, 4-12-90) hers of the enforcement board shall elect a ~ chairman from among its members who shall be a Sec. 2-176. Conduct of hearing. voting member. The presence of four (4) or more members, shall constitute a quorum of the enforce- (a) The chairman of the enforcement board may ment board. Members shall serve without com- call hearings of the enforcement board and hear- pensation, but may be reimbursed for such travel ings may also be called by written notice signed expenses, mileage expenses, and per diem ex- by at least three (3) members of the enforcement penses as may be authorized by the village council. board. The enforcement board, at any hearing, 158 ADMINISTRATION § 2-177 may set a future hearing date. The enforcement mony and evidence as it deems necessary board shall attempt to convene no less frequently to remedy the violation or punish the of- than once every two (2) months, but yet meet more fender. If the alleged violator states he is or less often as the demand necessitates. Minutes not guilty of violating the village Code [sec- shall be kept of all hearings by the enforcement tion] in question, then the board shall hear board and all hearings and proceedings shall be first from the village, village witnesses and open to the public. The village clerk shall provide evidence, and the alleged violator shall have clerical and administrative personnel as may be the right to cross examine village witnesses. reasonably required by the enforcement board for At the close of the presentation of the vil- the proper performance of its duties. lage's case against the alleged violator, the (b) Each case before the enforcement board shall alleged violator shall be permitted to be presented by the village's administrative staff. present his evidence, testimony of the other witnesses and his own testimony in defense. (c) The enforcement board shall proceed to hear The village shall have the right to cross the cases on the agenda for that day. All testi- examine the alleged violator and his wit- mony shall be under oath and shall be recorded. nesses. The burden of proving the alleged The enforcement board shall take testimony from violation of the village Code as described the code inspector and alleged violator and from above shall be on the village to prove be- any witness called on behalf of either the village yond a reasonable doubt that the alleged or the alleged violator. Formal rules of evidence violator is guilty of violating the code sec- shall not apply; however, fundamental due pro- tion of which he is accused. cess shall be observed and govern said proceed- (2) Subpoena alleged violators and witnesses ings. Both the village and the alleged violator shall to its hearings. Subpoenas may be served have the right to subpoena witness to testify at by the village's police department. the hearing. (3) Subpoena records, surveys, plats and other (d) At the conclusion of the hearing, the enforce- material. ment board shall issue findings of fact and con- (4) Take testimony under oath. elusions of law and shall issue an order affording the proper relief consistent with powers granted (5) Issue orders having the force of law com- herein. The findings shall be by motion approved manding whatever steps are necessary to by a majority of those present and voting, except bring a violation into compliance. A certi- that at least four (4) members of the enforcement fied copy of such order may be recorded in board must vote in order for the action to be offi- the public records of the county, and shall cial. constitute notice to any subsequent pur- (Ord. No. 19-79, § 6, 9-27-79; Ord. No. 9-80, § 7, chasers, successors in interest or assigns, if 4-24-50; Ord. No. 16-82, Art. IV, 9-9-82; Ord.,No. the violation concerns real property, and 19-85, § 1, 10-24-85) the findings therein shall be binding upon the violator, and, if the violation concerns real property, any subsequent purchasers, Sec. 2.177. Powers of the enforcement board. successors in interest or assigns. If the order The enforcement board shall have the power to: is recorded in the public records pursuant to this subsection and the order is complied (1) Adopt rules for the conduct of its hearings. with by the date specified in the order, the The chairman of the enforcement board enforcement board shall issue an order ac- hearing shall advise the alleged violator of knowledging compliance that shall be re- the Code section of which he is accused, corded in the public records. A hearing is and shall first seek to determine if the al- not required to issue such an order acknowl- leged violator pleads guilty or innocent to edging compliance. such charge. If the alleged violator admits (Ord. No. 19-79, § 7, 9-27-79; Ord. No. 9-80, § 8, guilt, then the board shall hear such testi- 4-24-80; Ord. No. 8-90, § 5, 4-12-90) 159 r I § 2-178 NORTH PALM BEACH CODE Sec. 2-178. Fines; liens. ~ merit except for enforcement purposes. After three {a) Generally. The enforcement board, upon no- (3) months from the filing of any such lien which tification by the code inspector that a previous remains unpaid, the enforcement board may au- thorize the local governing body attorney to fore- order of the enforcement board has not been tom- close on the lien. In an action to foreclose on a plied with by the set time or, upon finding that lien, the prevailing party is entitled to recover all the same violation has been repeated by the same costs, including a reasonable attorney's fee. No violator, may order the violator to pay a fine in an lien created pursuant to the provisions of this sec- amount specified in this section for each day the tion maybe foreclosed on real property which is a violation: continues past the date set for compli- homestead under article X, section 4 of the state ante, or, in the case of a repeat violation, for each Constitution. day the repeat violation continues past the date of (Ord. No. 19-79, § 8, 9-27-79; Ord. No. 9-80, § 9, notice to the violator of the repeat violation. If a 4-24-80; Ord. No. 16-82, Art. V, 9-9-82; Ord. No. .finding of a violation or a repeat violation has 2-86, § 2, 3-27-86; Ord. No. 8-90, § 6, 4-12-90) been made as provided in this article, a hearing shall not be necessary for .issuance of the order Sec. 2-179. Appeal. imposing the fine. A fine imposed pursuant to this section shall not exceed two hundred fifty dollars An aggrieved party, including the village ($250.00) per day for a first violation and shall not council, may appeal a final administrative order exceed five hundred dollars ($500.00) per day fora of the enforcement board to the circuit court of the repeat violation. _ county. Such an appeal shall not be a hearing de I novo but shall be limited to a elIate review of PP (b) Determination of amount of fine. In deter- the record created before the enforcement .board. mining the amount of the fine, if any, the enforce- p~ appeal shall be filed within thirty (30) days of merit board shall consider the following factors: the execution of the order to be appealed. t (1) The gravity of the violation; (Ord. No. 19-79, § 9, 9-27-79; Ord. No. 9-80, § 10, 4-24-80; Ord. No. 16-82, Art. VI, 9-9-82; Ord. No. (2) Any actions taken by the violator to correct 2-86, § 3, 3-27-86) the violation; and (3) Any previous violations committed by the Sec. `2=1$0. Notices. violator. All notices required by this article shall be pro- vided to the alleged violator by certified mail, re- (c) Reduction o f fine. The code enforcement turn.receipt requested; by hand delivery by public board may reduce a fine imposed pursuant to this safety officer, code inspector or other person des- section. Afine imposed pursuant to this article ignated by the village council; or by leaving the shall continue to accrue until the violator comes notice_ at the violator's usual place of residence into compliance. or until judgment is rendered in a with any person residing therein who is above suit to foreclose on a lien filed pursuant to this fifteen (15) years of age and informing such person section, whichever occurs first. of the contents of the notice. In addition to pro- (d) Copies of orders imposing fines, A certified viding notice set forth above, the .code enforce- copy of an order imposing a fine may be recorded merit board may implement the notice provisions in the public records and thereafter shall consti- of F.S. section 162.12(2), as amended, for asup- tute alien against the land on which the violation - plemental means of providing notice. exists or, 'if the violator does not own the land, (Ord. T1o. i9-79, § i0, 9-27-79; ord. i1o. 9-8v, § 10, 4-24-80; Ord. No. 8-90, § 7, 4-12-90) upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced im the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judg- ' [The next page is 211] 160 ALCOHOLIC BEVERAGES § 3-3 Sec. 3-1. State law definitions adopted. As used in this chapter, the terms defined in F.S. sections 561.01, 563.01, 564.01 and 565.01, shall have the same meanings as indicated in such sections. Sec. 3.2. Sales restricted; hours of sale. It shall be unlawful for any person to sell, serve or consume, or to permit the sale, service or con- sumption of any intoxicating liquors or beverages except beer, ale and wine in any place holding a license from the state, or in any public place within the village, and it shall be unlawful for any person to buy, sell or deliver, or to permit the purchase, sale or delivery of any intoxicating liquors or bev- erages except beer, ale and wine in sealed con- tainers for consumption off the premises: (1) Between the hours of 3:00 a.m. and 7:00 a.m. of any day, except January 1 of any year; (2) Between the hours of 3:00 a.m. and 10:00 a.m. on Sundays; or (3) Between the hours of 5:00 a.m. and 7:00 a.m. on January 1 of each and every year. (Code 1970, § 3-34; Ord. No. 226-71, § 1, 2-25-71; Ord. No. 8-80, § 1, 4-24-80) Sec. 3.3. Consumption on playgrounds and public parks. No person shall drink any spirituous, vinous, malt or other intoxicating beverages in or upon any of the following public parks, playgrounds or school grounds within the village: Anchorage Park, Osborne Park, North Palm Beach public school playground, Yacht Club recreation area on Lake Worth. (Code 1970, § 24-2) [The next page is 263] 213 1 ANIMALS AND FOWL § 4.29 license for each dog or cat from the county animal or dog training schools during the time said shows control, and training schools are being conducted, all of (b) Failure to have a dog or cat properly li- `Which must be within the confines of premises tensed shall result in an automatic fine of at least and areas set out in paragraphs (a) through (c) ten dollars ($10.00) for each separate offense. above. (Code 1970, § 4-13; Ord. No. 206-70, 7; Ord. No. (Code 1970, 4-11, 4-12; Ord. No. 206-70, § 9; 210-70, § 1; Ord. No. 10-76, § 1, 6-10-76) Ord. No. 13-80, § 1, 6-12-80) Sec. 4.25. Collar and tag-Required. Sec. 4.28. Running at large. Every owner shall provide each dog and cat more . (a) Dogs on streets and sidewalks. No person than four (4) months of age kept, harbored or oth- owning or having possession, charge, custody or erwise maintained by him in the village with a control of any dog shall cause, permit or allow the sturdy collar to which the license tag referred to dog to stray, run, be, go or in any other manner to in section 4-24 of this Code shall be securely fas- be at large in or upon any public street or side- tened and it shall be the owner's duty to make walk unless accompanied by an attendant who certain that the collar and tag are worn at all shall have such dog firmly held by collar and leash, times by the dog or cat when off the owner's pre- which leash is not to exceed eight (8) feet in length. mises. (Code 1970, § 4-19; Ord. No. 10-76, § 2, 6-10-76) (b) Dogs on property of others. No person owning or having possession, charge, custody or control of Sec. 4.26. Same-Unauthorized removal. any dog shall cause, permit or allow the dog to stray, run, be, go or in any other manner to be at No person, other than the owner or keeper, shall large in or upon private property of others within remove or cause to be removed the collar or tag the village without the express or implied consent required by section 4-25 of this Code from any dog of the owner of such private property. or cat within the village. (Code 1970, § 4-20; Ord. No. 206-70, § 8) (c) Cats. No person owning, harboring or having in his possession any cat shall knowingly permit or allow such cat to run .at large within the vil- Sec. 4.27. Prohibited in certain areas; exeep• lage, or knowingly allow such cat to be upon any tions. street, boulevard, road or alley of the village or in (a) The owner of any dog or cat shall not permit any yard or enclosure other than the yard or en- or allow such dog or cat to be or enter upon any closure occupied or owned by such cat owner be- church premises, public hall or building, school tween the hours of 11:00. p.m. and 7:00 a.m. premises, restaurant, store, market or any place (Code 1970, § 4-21; Ord. No. 206-70, § 12; Ord. No. where food or drink is commercially dispensed or 3-75, § 1; Ord. No. 10-76, § 3, 6-10-76) sold. (b) No person, being the owner of any dog or $ec. 4-29. Vicious, biting and attacking dogs. cat, shall permit the same to be in any public park of the village. (a) It shall be the duty of the owner of any dog to prevent such dog from biting or attacking any (c) Any dog or cat found running at large in person in the village, and if a person is bitten by any public park of the village shall be impounded a dog he shall report the incident to the depart- by the police department, in the manner provided ment of public safety immediately. for in section 4-30. (b) Whenever any dog shall have bitten any (d) The provisions of paragraph (a) through (c) person, the director of public safety may order shall not apply to dogs leading blind persons, nor such dog quarantined in the county animal rescue shall the provisions of paragraphs (a) through (c) league shelter or county animal control center or apply to dogs and cats being exhibited at pet shows in a veterinarian's kennel, or on-the owner's pre- 267 § 4-29 NORTH PALM BEACH CODE mises, for period extending not longer than four- day the dog or cat is impounded following the first teen (14) days from the .date of biting. day of impoundment. (c) All expense incurred while the dog is in quay- (d) Disposition upon owner's failure to redeem. amine shall be borne by the owner, keeper or har- If the owner of the dog or cat shall not make ap- borer of the dog. plication for its release within forty-eight (48) hours, or shall not pay the charges and fines above (d) Any dog which may unprovokedly bite or referred to, then the director of public safety will attack any person in the village is hereby de- release such dog or cat to the county animal rescue Glared to be a public nuisance and such dog may league. be apprehended and impounded at any time by (Code 1970, § 4-34; Ord. No. 206-70, § 13; Ord. No. any police officer, or other person charged with g=73, § 1; Ord. No. 13-80, § 2, 6-12-80) the enforcement of this chapter. If such dog is impounded, the owner shall have no right to re- Sec. 4-31. Persons walking dogs responsible deem the dog if it has unprovokedly attacked or for removal of waste: bitten any person or persons in the village on two It shall be unlawful for any person, while (2) or more separate occasions within any twenty- walking a dog, to permit such dog to defecate upon four-month period unless he shall remove such private property not owned by such person or not dog from the village,- immediately upon redemp- owned by the owner of the dog, or upon public tion and shall not thereafter keep, harbor or oth- property, including, but not limited to, public side- erwise maintain such dog in the village at any walks and swale areas, without removing the fecal time. A dog bite or attack shall be considered un- matter immediately after such defecation has provoked if the dog which bites or attacks is un- ended. leashed or not confined on the owner's premises (Ord. No, 8-79, § 1, 5-10-79) at the time. t (Code 1970, § 4-26; Ord. No. 206-70, § 5; Ord. No. Sec. 4-32. Persons walking dogs to carry 10-76, § 4, 6-10-76) waste-removal implements. Any person who walks a dog off the premises Sec. '4-30. Impoundment. where the owner of the dog resides or off the pre- mises where the person who is walking the dog (a) Required; Whenever a dog or cat is within resides shall carry with him, at all times when so the corporate limits of the village in violation of walking a dog, appropriate implements to remove li the provisions. of this chapter, it shall be the duty any -fecal matter deposited by the dog on pub c of any police officer of the- village, when such fact property or upon private property not owned by h do nor owned b the erson hall be called to his attention to take char e of the owner of t e g y p s g such dog or cat and impound it. walking the dog, together with adequate con- tainers to carry the fecal matter back to the pri- (b) Notice. Any police officer or other employee vate property of the owner of the dog or back to of the village who impounds or otherwise acquires the private property of the person walking the possession of a dog or cat who has a license tag dog. affixed to such animal, shall make every effort to (Ord. No. 8-79, § 2, 5-10-79) notify the owner as soon as is reasonably possible. Secs. 4.33-4-41. Reserved. (c) Rede,-nptian ~y awne, .Within forty-eight (48) hours thereafter, the owner of such dog or cat may apply for its release and such release shall be ARTICLE III. RABIES CONTROL granted providing the owner shall have paid what- Sec. 4.42. Rabid animals-Declared nui- ever fines, if any, may have been imposed for the violation of this chapter and providing the owner sance. shall also pay a pickup fee of ten dollars ($10.00) Any dog, cat or other animal suffering from ra- plus aboarding fee of three dollars ($3.00) for each hies is hereby declared to be a public nuisance 268 ANIMALS AND FOWL § 4-46 and any such animal may be slain by any police cat or other animal, and the owner of such dog, officer, or other person charged with the enforce- cat or other animal to notify the police depart- ment of this chapter, if the same cannot be safely ment and to immediately deliver such dog, cat or apprehended and impounded. other animal intact to such department, or cause (Code 1970, § 4-30) the same to be done. (Code 1970, § 4-28) Sec. 4-43. Same-Confinement. It shall be the duty of any person keeping, har- boring or otherwise maintaining any dog, cat or other animal suffering from rabies to place it im- mediately in a veterinary hospital or, upon de- mand, to surrender such dog, cat or other animal to any police officer, or other person charged with the enforcement of this chapter. . (Code 1970, § 4-31) Sec. 4.44. Same-Duty to report; impounding. (a) It shall be the duty of every person who dis- covers that any dog, cat or other animal has been bitten by a dog, cat or other animal suffering with rabies to report such fact immediately to the di- rector of public safety. Such report shall give the name, if known, the place of residence of the person keeping, harboring or otherwise maintaining any such dog, cat or other animal, the place where the same can be found, and the license numbers of any such dog or cat, if known. (b) Any such dog, cat or other animal .shall be immediately confined in a veterinary hospital or taken up and impounded and securely kept until it can be determined whether any such dog, cat or other animal is suffering with rabies. (Code 1970, § 4-32) Sec. 4-45. Muzzles; when required. Whenever the mayox, by proclamation, shall de- clare that danger from rabies is great, it shall be unlawful to permit or allow any dog or cat upon the public street, alley or sidewalk or other place unless such dog or cat is securely muzzled. (Code 1970, § 4-33) Sec. 4-46. Reporting death or destruction. In all cases where any dog, cat or other animal which has bitten a person is slain or dies within fourteen (14) days from the time of the bite, it shall be the duty of the person slaying such dog, (The next page is 319] 269 i BOATS, DOCKS AND WATERWAYS § 5-$ ARTICLE I. IN GENERAL Sec. 5.3. Swimming in restricted waters. No person shall engage in swimming in any Sec. 5-1. Definitions. waters lying within one thousand (1,000) feet of As used in this chapter, unless the context in- the intersection of the Earman River and the dicates otherwise, the following terms shall have North Palm .Beach Waterway. the indicated meanings: (Code 1970, § 11-44) Boat means any watercraft, including seaplanes Sec. 5-4. Exhibition boats exempted from cer- whennot airborne, in or upon, or docked or moored tain restrictions. at any place in any waterway within the bound- aries of the village. The provisions of this chapter shall not be con- strued to prohibit the running of racing or exhi- Vessel is synonymous with boat as referenced bition boats, muffled or unmuffled, during apub- in section 1(b), Art. VII of the state Constitution licly announced .and supervised and adequately and includes every description of watercraft, barge patrolled regatta or speed trial or exhibition. and air boat, other than a seaplane on the water, (Code 1970, § 11-48; Ord. No. 212-70, § 7) used or capable of being used as a means of trans- portation on water. .Sec. 5-5. Water skiing. Waterway means any waters, waterway, lake, No person shall water ski in any of the water- river, tributary, canal, lagoon or connecting wa- ways located within the corporate limits of the ters within the boundaries of the village, other village, nor shall any person operate any boat for than the Florida Intracoastal Waterway. towing a person on water skis in any of the wa- (Code 1970, § 11-1; Ord. No. 212-70, § 2) terways located within the corporate limits of the Cross reference-Rules of construction and definitions gen- village; provided, however, that, nothing in this erally, § 1-2. section shall be construed to prohibit water skiing in the waters of Lake Worth or the Intracoastal Sec. 5-2. Speed limit; wakes. Waterway. No person shall operate a boat or any other (Code 1970, § 11-50; Ord. No. 212-70, § 10) vessel, including water sport apparatus or other physical object capable of transporting human be- Sec. 5-6. Disturbing other boats. ings or cargo on water, at a speed in excess of five No person shall operate a boat in such a manner (5) miles per hour, in any of the waterways within as to unjustifiably or unnecessarily annoy or the corporate limits of the village, with the excep- frighten or endanger the occupants of any other tion of the waters of Lake Worth and the Intrac- boat, or throw up a dangerous wake when ap- oastal Waterway, except in cases of fire or ex- proaching another boat. treme emergency. (Code 1970, § 11-51; Ord. No. 212-70, § 11) In addition to the five-mile-per-hour speed limit, no person shall operate a boat or any other vessel, Sec. 5-7. Use of searchlights. including water sport apparatus, or other phys- No person operating a boat shall use search- ical object capable of transporting human beings lights indiscriminately or in such manner as to or cargo on water, which shall cause a wake in annoy or disturb other persons or boats. any of the waterways within the corporate limits (Code 1970, § 11-52; Ord. No. 212-70, § 12) of the village, with the exception of the waters of Lake Worth and the Intracoastal Waterway, ex- Sec. 5-8. Abandoned boats. cept in cases of fire or extreme emergency. A - "wake" is defined as causing "white water to be Every boat in a waterway which is abandoned seen breaking off the bow" of the boat or vessel. or unseaworthy, or sinks, grounds or becomes oth- (Code 1970, § 11-43; Ord. No. 212-70, § 6; Ord. No. erwise disabled, is hereby declared to be a nui- 5-87, § 1, 2-26-87) sance and the person in charge thereof shall abate 321 I~ § 5-8 NORTH PALM BEACH CODE such nuisance within ten (10) days after notice from such boat into the waters in which such boat from the director of public safety. is in motion, tied up or anchored. (Code 1970, § 11-53; Ord. No. 212-70,. § 13) (Code 1970, § 24-56) Sec. 5.9. Mooring at private docks without permission. Sec. 5-14. Hours for t~~nning engines in resi- dential districts. No person shall moor a boat at a private sea- wall or dock or beach it upon private property No person shall run or operate any boat engine within the village without the permission of the for the purpose of charging batteries, running aux- owner thereof. diary equipment or testing between the hours of (Code 1970, § 11-56; Ord. No. 212-70, § 16) 10:00 p.m. and 8:00 a.m. in any residential dis- trict. Sec. 5-10. Observance of village health and (Code 1970, § 11-60; Ord. No. 212-70, § 20) conduct rules. No person in charge of or occupyingboats docked Sec. 5-15. Living aboard boats restricted. at or moored to land, docks, piers or wharves abut- ~ Living aboard boats in commercial wet storage ting waterways shall fail to observe all the health marinas is permitted; provided, further, that, the and sanitary regulations of the village, and all following regulations apply to commercial wet ordinances of the village relating to the conduct of storage marinas where persons live aboard boats: persons and prohibiting acts contrary to public health, morals, safety or public peace. - (1) Not more than ten (10) percent of the dock (Code 1970, § 11-57; Ord, No. 212-70, § 17) spaces at a commercial wet storage- marina Cross reference-Health and sanitation, Ch. 14. may be occupied by boats where persons live aboard for more than. eight (8) months Sec. 5-11. Cleanliness of docks. out of any twelve-month period. These dock Persons in charge of or occupying boats shall at spaces are for the purpose of providing se- all times keep the docks, seawalls and premises curity against vandalism and theft at ma- adjacent to such watercraft in a neat and orderly rinas. All live-aboard boats must be ~ manner and free from-trash, rubbish, repair parts, equipped with a marine sanitation device machinery, equipment and debris of all kinds. acceptable under the current regulations of (Code 1970, § 11-58; Ord. No. 212-70, § 18) the TJ.S. Environmental Protection Agency, the U.S. Coast Guard and the state depart- - ment of environmental regulation. i osal. Sec. 5-12. Refuse d sp No person in charge of or occupying a boat shall (2) Marinas where persons may live aboard dump or throw or permit to be dumped or thrown overnight shall be equipped with potable garbage, paper, bottles, cans, refuse or debris into water and sanitary sewage facilities, in- waterways. Persons in charge of boats moored or eluding showers, rest rooms and bathhouses docked in the waterways shall provide garbage located within the marina area available cans of sufficient size to hold garbage and refuse. for use by all persons who live aboard boats- (Code 1970, § 11-59; Ord. No. 212-70, § 19) overnight. In addition, all such marinas shall provide adequate electrical and po- Sec. 5-33. t oiiution of waterwways. table water service, dockside, to each boat. Sewage- service may be provided to each No person in charge of any houseboat or other boat where persons are permitted to live boat or vessel in motion, -anchored or tied up at ~ aboard overnight, but in no event may -any marina or any other waterways within the holding tanks or sewage facilities aboard .village limits. shall permit any excreta or refuse any boat be flushed within the marina area from any toilet or privy on such boat, to be thrown so as to cause any pollution, damage or de- from, to be ejected from, or to be allowed to escape bris to any waters. 322 BOATS, DOCKS AND WATERWAYS § 5-37 (3) A dockmaster or person shall be in charge Sec. 5.34. Repairs prohibited. of each marina and shall maintain a log No repair work upon boats, boat trailers or other which shall include a current list of per- boating equipment shall be permitted at the vil- sons registered to live aboard boats in that lage boat launching area with the exception of marina, the register number of all boats minor repairs or adjustments essentially neces- docked in the marina, and a description of sary to make such boat, trailer or equipment op- the marine sanitation devices installed in erable or transportable to a professional facility each boat, available at all time for use and devoted to such repair service. inspection by the village public services de- (Code 1970, § 11-12) partment. This requirement is to aid in the protection of life and property at marinas and to deter unauthorized persons from Sec. 5-35. Permits required. being in the marina areas. No boats or boat trailers shall be allowed to (4) The administrative, enforcement and ap- remain more than twenty-four (24) hours at the peal procedures of the village housing code village boat launching area unless a written shall apply to this section. permit therefor has been secured from the village (Ord. No. 14-76, § 2, 7-8-76) manager. Such permits shall be issued upon such Cross reference-Housing code adopted by reference, § reasonable regulations and upon such cost as shall 15-1. be determined, from time to time, by the village council. Sec. 5.16. Authority of city to board boats vi- (Code 1970, § 11-13) olating chapter. Sec. 5.36. Abandoned boats and equipment- Any member of the department of public safety Disposition. shall have authority to board any boat in viola- tion of this chapter, or which becomes a menace to (a) It shall be presumed that the owner of each navigation, and move or cause it to be moved to boat, each boat trailer, and each piece of boat another location and he shall have the right to -equipment found on the village boat launching hold such boat for the payment of costs incurred area as to which there is not then outstanding a in its removal or storage. currently effective permit issued under section (Code 1970, § 11-54; Ord. No. 212-70, § 14) 5-35 of this chapter, has abandoned such boat, boat trailer or piece of boat equipment. Secs. 5-17-5-32. Reserved. (b) Thereupon, it shall be lawful for the village, through its officers or employees, to remove such abandoned material from .such area, destroying that which is junk and disposing of all other ma- ARTICLE II. BOAT LAUNCHING AREA terial for the best price, and upon the best terms available. The net proceeds of any such sale shall be deposited in the general fund of the village. Sec. 5.33. Designated; use restricted. (Code 1970, § 11-14) The boat launching area which is leased by the Sec. 5-37. Same-Recovery. village from North Palm Beach Utilities, Inc., by instrument dated May 10, 1960, and more partic- At any time within ninety (90) days after the ularly described in Resolution No. 81 of the vil- disposition of any boat, boat trailer or equipment lage council, shall hereafter be known as the vil- under section 5-36 of this chapter, the owner, or lage boat launching area, and shall at all times be any person having any alleged interest in such used solely and exclusively for recreational pur- disposed of property, may, upon making proof of poses by village taxpayers or residents. such ownership or interest, recover back from the (Code 1970, § 11-11) village the proceeds of the sale, less all ,the ex- 323 § 5-37 NORTH PALM BEACH CODE. penses of caring for, moving, advertising and Sec. 5-58. Navigation canals. making such sale. Canals which may be used for navigation shall (Code 1970, § 11-15) have a minimum width of eighty (80) feet face to Secs. 5.38-5.48. Reserved. face of bulkheads constructed on the sides thereof, with the exception of the bottom profile require- ments dictated by the bulkhead design. All such ARTICLE III. CONSTRUCTION canals shall have a minimum bottom elevation of REQUIREMENTS* minus eight (-8) feet mean sea level. (Code 1970, § 11-22) DIVISION 1. GENERALLY Sec. 5.59. Drainage canals. Secs. 5.49-5.55. Reserved. Canals which are constructed or dug for drainage purposes only and which may be used DIVISION 2. CANALS for drainage purposes only shall be of the width required to provide sufficient cross section for drainage requirements and shall have a minimum Sec. 5-56. Compliance with division required. bottom elevation of minus eight (- 8) feet mean All canals for navigation andJor drainage pur- sea level. The determination of whether or not the poses to be dug or constructed within the corpo- intended use of a canal is for drainage purposes rate limits of the village, either in whole or in only shall be set forth on the dedication of a plat part, whether or not such canal is dedicated to the if such canal is included in a platted area, and ~ public, shall be subject to the requirements set such determination for canals in unplatted areas forth in this division. shall be made by the village building inspector. (Code 1970, § 11-21) The village building inspector shall determine that a canal has been constructed for drainage pur- Sec. 5-57. General requirements. poses only if the canal cannot be used for naviga- tional purposes by virtue of its width, other con- (a) All canals shall be provided with reinforced struction features or by virtue of inability of boats or prestressed concrete bulkheads which shall to travel thereon"continuously to open water. meet the requirements of the village building code (Code 1970, § 11-23) and the village ordinances concerning zoning as they are concerned with bulkheads. Sec. 5-60. Canal crossings. (b) All canals to be constructed in areas pro_ All roadway crossings for all proposed canals posed to be platted shall meet the requirements of for navigation purposes or for navigation and the subdivision ordinance of the village, as set out drainage purposes shall have a minimum vertical in Appendix B of this volume, and amendments clearance of sixteen (16) feet above mean high thereto, and must be approved as part of the plan water and a minimum horizontal clearance of of development of the proposed platted area. twenty (20) feet face to face of piling or bulkhead. Plans for all crossings of navigation canals or nav- (c) Canals to be constructed in unplatted areas igation and drainage canals shall be submitted to shall meet the requirements of the village building the village engineers and must be approved by code and all ordinances of the village relating to them in writing prior to being constructed. zoning, and plans for the construction of any canal - (Code 1970, § 11-25) must be approved by the engineers of the village prior to the issuance of a building permit for such Sec. 5-61. Surety bond prerequisite to issu- canal. ante of building permit in certain (Code 1970, § 11-24) cases. Cross reference-Zoning, App. C. (a) Before a building permit is issued for the *Cross references-Buildings and building regulations, digging or construction of a canal in an unplatted Ch. 6; coastal construction code, § 6-151 et seq. area or in an area where such canal is not to be 324 BOATS, DOCKS AND WATERWAYS § 5-72 dedicated to the public, the applicant for such Crete construction and shall be subject to the fol- permit shall furnish a surety company bond sat- lowing minimum requirements: isfactory to the village council, guaranteeing that (1) All materials and construction methods uti- within twelve (12) months from the date of the lized in the construction shall conform to permit the construction of the canal, together with the applicable portion of the latest state de- the bulkhead or seawall requirements set forth partment of transportation standard speci- herein, shall be entirely completed in full actor- fications. dance with the approved plans submitted under this chapter, and copies of these regulations shall (2) Bulkheads and seawalls may be of either be attached to and constitute a part of the bond the king pile-and-slab type or of the tongue- agreement. and-groove-concrete-sheet-pile type or of any other type which contains comparable or (b) No permit shall be issued for the construe- better qualities for the purposes of bulk- tion or digging of any such canal without such heads or seawalls, depending upon the rec- bond. ommendation of the designing engineer. All (c) Extensions of the bond required herein or bulkheads and seawalls shall be capped waiver of such bond may be made by the village with a continuous reinforced concrete cap a council where it is determined by the council that minimum of ten (10) inches in depth and the financial- resources and the integrity and re- fifteen (15) inches in width and shall be pro- bability of the applicant for a permit is satisfac- vided with atwo-inch chamfer on the top tory and acceptable to the village council and such edges of the cap. All bulkheads or seawalls bond is not necessary for the performance of the shall be of the anchored type using asuit- terms of this chapter. able tie-back system. The bulkhead cap (Code 1970, § 11-31) shall be placed at elevation five and five- tenths (5.5) feet mean sea level, or shall Secs. 5.62-5.68. Reserved. conform to the elevation of the bulkhead caps in existence on adjacent property in- DIVISION 3. BULKHEADS AND SEAWALLS* sofar as possible. Special exceptions to this elevation requirement may be granted if Sec. 5.69. Compliance with division required. the installation is in connection with com- mercial or industrial development. All bulkheads or seawalls to be constructed (3) All reinforcing steel shall be provided with within the corporate limits of the village shall a minimum of two and one-half (21/2) inches meet the requirements set forth in this division. of concrete cover. Exposed steel and an- (Code 1970, § 11-26) chors, tie rods, etc., shall be coated with a protective coating of an approved type to Sec. 5.70. Submission of plans and specifica- prevent corrosion. tions. (4) All exposed concrete shall be troweled or Plans and specifications for any bulkhead or rubbed smooth prior to setting whether con- seawall to be constructed within the corporate Crete is cast-in-place or precast construc- limits of the village shall be submitted by an en- tion. gineer registered in the state and shall bear his certification and seal on the face thereof. (5) Plans submitted for the construction of (Code 1970, § 11-27) bulkheads and seawalls shall contain a cross section of the proposed channel on the Sec. 5.71. Specifications. canal side of the bulkhead wall. (Code 1970, § 11-28) All bulkheads and seawalls to be henceforth con- Sec. 5-72. Permit fee. strutted shall be of reinforced or prestressed con- All applications for permits for bulkheads or *Cross reference-Bulkhead lines generally, Ch. 7. seawalls shall be subject to a permit fee equal to 325 § 5-72 NORTH PALM BEACH CODS f three dollars ($3.00) per one thousand dollars strutted only in R-1 and R-2 zoning districts. A ($1,000.00) of estimated construction cost, which private dock shall not be rented or leased. sum shall be payable upon application for such a Wave break means a structure designed only to permit. break up waves or boat wakes, not to be used for (Code 1970, § 11-29) mooring or docking boats. Sec. 5.73. Inspection required. (Code 1870, § 11-32; Ord. No. 3-71, § 2; Ord. No. 1-73, § 1; Ord. No. 35-90, § 1, 9-27-90) After issuance of a Construction permit and COm- Cross reference-Rules of construction and definitions gen- mencement ofconstruction on any seawall or bulk- erally, § ~-2. head, the work shall be subject to the following Sec. 5.82. Generally. inspection requirements by the village building inspector: (a) Docks, piers and other approved structures shall be owned and constructed only by upland (1) The village building inspector shall be landowner. present during the first installation of king pile or support sheet and shall inspect the (b) Boat davits and other boat-lifting devices site prior to backfilling any anchors or tie shall require a building permit. rods and before pouring any cast-in-place (c) Docks, piers and other waterside structures construction and before final cap pouring. shall require a building permit. (2) All precast prestressed sections shall be ter- (Code 1970, § 11-33; Ord. No. 3-71, § 2) tified by the manufacturer to the effect that Sec. 5.83. Minimum design requirements. the sections are in conformance with the plans and specifications accompanying the (a) Coverings. Any sun, wind or weather cov- / ~ permit, and copies of the certification shall Bring to be constructed over a dock or pier shall be furnished to the building inspector. require a permit and shall be classified as a canopy (Code 1970, § 11-30) and shall meet the building code as such. (b) Decking elevation. The main deck of a dock Secs. 5.74-5-80. Reserved. or pier shall be placed at a minimum of three and five-tenths (3.5) feet above mean sea level. The DIVISION 4. DOCKS AND PIERS steps from the ground or bulkhead cap shall not exceed seven (7) inches for each step. Sec. 5-81. Definitions. (c) Wave break. The bottom wave breaking As used in this division, the following terms stringer shall not extend below mean low water. shall have the indicated meanings, unless the con- (d) Floating docks. Free-standing piling for text clearly indicates otherwise: floating docks shall be a minimum schedule 40, Batter pile means pile that is designed and in- six-inch diameter, pea rock concrete filled steel stalled on a slope other than vertical in order to pipe or six-inch plastic pipe filled with pea rock resist horizontal as well as vertical forces. concrete and two (2) equally spaced number four Commercial dock means a wharf, dock or pier reinforcing bars, suitably tied. Attaching rings facility for tenants of hotels, apartment houses, shall be steel or chain. Smaller piling may be al- condominiums and fer commercial uses and shall lowed when properly structurally designed. be constructed only in zoning districts other than (e) Construction material. Construction mate- R-1 and R-2. rial for piers and docks shall meet the following Pier means a dock that extends more than five requirements: (5) feet perpendicular to a bulkhead or shoreline. (1) Piling. Private dock means one which shall only be used a. Minimum bottom penetration is to be / by the owner and his family and shall be con- six (6) feet. t\ 326 BOATS, DOCKS AND WATERWAYS § 5-84 b. Concrete piling is to be minimum eight- (i) Dolphins and tie poles. inch :by eight-inch or eight-inch diam- eter reinforced with four (4) number (1) Bottom penetration is to be a minimum of five (5) rods with number two (2) hoops six (6) feet. eight (8) inches on center. (2) Materials and construction are to be the c. Wood piling is to be minimum ten-inch same as dock and pier pilings. butt diameter and the treatment shall conform to AWPB MPI, MP2 or MP4. Commercial marinas. All fixed docks and Pile cutoff shall be treated in actor- Piers to be constructed in commercial marinas dance with AWPA M4. shall be concrete or equal. d. All piling are to be set a maximum of (k) Batter piles. ten (10) feet on center for timber deck construction. (1) Batter piles are to:be desgned.byaFlorida registered professional engineer. (2') Stringers and' bracing:. Stringers. and (2) Batter piles. are: to be. constructed of pre- bracing, if lumber, shall be a minimum.. two- inch by eight-inch. stressed concrete. (3) Decking. Decking, if lumber, shall be amin- (3) A building permit hallbe required-prior to construction for all batter pilesa imum two-inch by six-inch. (4) Fasteners. (4) Batter piles .shall be installed only under the following conditions: a. All bolts, nuts, washers and nails shall a. Obstructions prevent use of standard be hot dipped galvanized or zinc plated tiebacks and anchors to reinforce bulk- or equal. heads. b. Stringers and braces shall be fastened b. Existing bulkhead has failed or is in with minimum one-half inch bolts. danger of failing. (5) Dock lumber. All dock lumber shall be pies- c. Not to be used in the construction of sure treated or equal.. new bulkheads. (6) Concrete strength. All concrete shall be a (5) Base of batter pile shall extend a maximum minimum strength of thirty-five hundred of five (5) feet from the waterside face of the (3,500) psi in twenty-eight (28) days. bulkhead. (Code 1970, § 11-34; Ord. No. 4-74, § 1; Ord. No. (7) Blocks. If dock is to be supported by abulk- 35-90, 2-6, 9-27-90) head, four-inch by four-inch blocks or equal shall be bolted to bulkhead wall; stringer shall be bolted to four-inch by four-inch Sec. 5.84. Regulations .governing construc- blocks. tion in watere other than Lake Worth and ltlantic Ocean. (fl Structural equivalents permitted. Docks and piers 'of other design and mate"rial may be per- ~1 docks or other approved structures to becon- mittedwhen structurally equivalent to the above. strutted waterside of bulkheads or land in the lagoons, waterways or other bodies of water in the (g) Commercial docks and piers. All commer- village, other than the waters of Lake Worth and cial docks and piers are to be designed by a:Florida the Atlantic Ocean, shall be constructed in accor- registered professional engineer. dance with the following requirements and regu- _ (h) Fixed, reinforced concrete construction re- lations: quired in certain cases. All docks and piers to be (1) Prior to a permit being issued by the vil- constructed in Lake Worth and the Atlantic Ocean lage, a permit shall be obtained from such shall be of reinforced concrete construction and be other authority that has a vested interest fixed docks and piers. in,the waterway. 3~7 I § 5-84 NORTH PALM BEACH CODE j (2) In regard to construction waterside of any head or the shore. Wave breaks shall be lot having fifty-foot or less frontage on the allowed only at the entrance to Lake Worth. water, docks shall not be placed within five (g) In West Lake and North Lake, dolphin (5) feet of the side property line extended. poles, mooring posts,. mooring buoys or (3) In regard to construction waterside of any floating. anchors shall be placed a maximum lot having greater than fifty-foot frontage of fifty (50) feet from the face of the bulk- on the water, docks shall not be placed head or the shore. within ten (10) feet of the side property line (10) Dolphin or mooring post location shall be extended. determined by the building department. (4) Docks shall extend a maximum of five (5) (11) In no instance shall any structure extend feet out from the face of the bulkhead wall. more than twenty-five (25) percent of the width of the water. (5) Piers not exceeding six (6) feet in width may (Code 1970, § 11-35; Ord. No. 3-71, § 2; Ord. No. extend waterside a maximum of fifteen (15) 6-73, § 1) feet in lagoons, twenty (20) feet in the North Palm Beach Waterway and Prosperity Harbor, twenty-five (25) feet in West Lake, Sec. 5-85. Regulations governing construc- North Lake and the Eaxman River; pro- tion in Lake Worth and Atlantic vided, however, that, a pier may extend wa- Ocean. terwise a maximum of fifty-five (55) feet when connected with a commercial marina All piers, docks or other approved structures to operation in a commercial zoned piece of be constructed waterside of the bulkhead line or property so long as said construction leaves land of the village in Lake Worth, or the mean a minimum clear water distance of forty low-water mark of the Atlantic Ocean, shall meet (40) feet between the pier and any opposite the following regulations and requirements: bulkhead or other water structure which (1) The design of any pier to be constructed has been constructed in accordance with under the provisions of this division shall this chapter. No pier shall be located closer be performed by an engineer registered in to the side property line extended than its the state, and detailed construction draw- extension waterside. ings shall be submitted bearing the certif'i- (6) In lagoons, dolphin poles, wave breaks, cation and seal of such engineer. mooring posts, mooring buoys or floating (2) Prior to a permit being issued by the vil- anchors shall be placed a maximum of lage, a permit shall be obtained from such twenty (20) feet from the face of the bulk- other authority that has a vested interest head or the shore. Wave breaks shall be in the waterways. Nothing contained in this allowed only at lagoon entrances opening division shall be construed to affect the into Lake Worth. rights or obligations connected with spoil areas located in Lake Worth within one (7) In the North Palm Beach Waterway and hundred (100) feet lakeward of the bulk- Prosperity Harbor, dolphin poles, mooring head line referred to above and the granting posts, mooring buoys or floating anchors of a permit by the village does not release shall be placed a maxdm~.:m of thirty (30) ~L_ r ~_i__W____ one appllczui~ iruiii persuuauy uC~eriiiiiiuig feet from the face of the bulkhead or the what, if any, effect such spoil areas may shore. have upon any construction done in accor- (8) In the Earman River, dolphin poles, wave dance with this division. breaks, mooring posts, mooring buoys or (3) No pier shall extend beyond a line fifty (50) floating anchors shall be placed a maximum feet waterside from and parallel to the bulk- of forty (40) feet from the face of the bulk- head line of the village. 328 BOATS, DOCKS AND WATERWAYS § 5-86 (4) The centerline of all piers shall be on a uni- undue hardship. In order to authorize any vari- form alignment. ante from the terms of those sections of the vil- (5) Piers may be constructed with "L" heads lage Code, the board of adjustment must find the or "T" heads of fifty (50) feet. A finger pier factors set forth in F.S. section 163.225(3)(a), (b), shall not exceed twenty-two (22) feet in (c)' length and shall be a maximum of six (6) "(3) (a) To authorize upon appeal such vari- feet and a minimum of three (3) feet in ante from the terms of the ordinance as width. will not be contrary to the public interest (6) No point on any pier shall be closer than when, owing to special conditions, a literal twenty (20) feet to either side property line enforcement of the provisions of the ordi- projected along a line parallel to the pier nance would result in unnecessary and center line or closer than forty (40) feet to undue hardship. In order to authorize any variance from the terms of the ordinance, any part of another pier. the board of adjustment must find: (7) All piers shall be constructed with all major "1. That special conditions and circum- components including piling, beams, decks, stances exist which are peculiar to the etc., constructed of reinforced concrete. Piers land, structure, or building involved shall have a maximum width of ten (10) and which are not applicable to other feet, and a minimum width of six (6) feet. lands, structures, or buildings in the (8) Dolphins or mooring posts may be installed same zoning district; adjacent to piers, with location to be deter- " 2. That the special conditions and circum- mined by the building department. stances do not result from the actions (9) In regard to construction waterside of any of the applicant; lot having fifty (50) feet or less frontage on 3. That granting the variance requested the water, docks shall not be placed within will not confer on the applicant any spe- five (5) feet of the side property line ex- cial privilege that is denied by this or- tended. dinance to other lands, buildings, or structures in the same zoning district; (10) In regard to construction waterside of any "4. That literal interpretation of the pro- lot having greater than fifty (50) feet visions of the ordinance would deprive frontage on the water, docks shall not be the applicant of the rights commonly placed within ten (10) feet of the side prop- enjoyed by other properties ~n the same erty line extended. zoning district under the terms of the (11) Freestanding wave breaks shall not beper- ordinance and would work unnecessary mitted. and undue hardship on the applicant; (Code 1970, § 11-36; Ord. No. 3-71, § 2; Ord. No. "5. That the variance granted is the min- imum variance that will make possible 35-90, § § 7, 8, 9-27-90) the reasonable use of the land, building or structures; Sec. 5-86. Variances. "6. That the grant of the variance will be The board of adjustment created and described in harmony with the general intent and in section 21-21 of this Code shall have the power purpose of the ordinance and that such to .authorized upon appeal such variance from the variance will not be injurious to the terms of sections 5-69 through 5-96, both inclu- area involved or otherwise detrimental slue, as will not be contrary to the public interest to the public welfare. when, owing to special conditions, a literal en- "(b) In granting any variance, the board of ad- forcement of the provisions of those sections of the justment may prescribe appropriate condi- village Code as they pertain to properties located tions and safeguards in conformity with this on Lake Worth will result in unnecessary and part and any ordinance enacted under its 329 § 5-86 NORTH PALM BEACH CODE i' authority. Violation of such conditions and shall also be obtained from any other authority safeguards, when made a part of the terms having a legal interest in the waterway, lake, under which the variance is granted, shall river, lagoon or other body of water involved. be deemed a violation of the ordinance. (Code 1970, § 11-40; Ord. No. 4-74, § 2) "(c) The board of adjustment may prescribe a reasonable time limit within which the ac- Sec. 5-96. Control.. tion for which the variance is required shall Every erosion control structure'shall be owned be begun or completed or both." and maintained by the village and shall be al- (Ord. No. 1-82, § 1, 1-28-82) tered or removed under the authority and deci- sion of the village council. Erosion control struc- Secs. 5-87-5-92. Reserved. tures may be constructed by upland landowners under the supervision of the building official of DIVISION 5. EROSION CONTROL the village. All erosion control structures shall STRUCTURES* meet the minimum design requirements set forth in this chapter, including permits, fees, surety Sec. 5-93. Definition. bonds, minimum design requirements and other As used in this division, "erosion control regulations. structures" shall mean seawalls and/or groins de- (Code 1970, § 11-40; Ord. No. 4-74, § 2) signed to control and prevent erosion of existing Iand masses which lie outside established bulk- Secs. 5-97=5.100. Reserved. head lines or property lines in waterways, lakes, rivers, lagoons or other bodies of water in the vil- lage. ARTICLE IV. MARINE SANCTUARIES' ~ (Code 1970, § 11-40; Ord. No. 4-74, § 2) - Cross reference-Rules of construction and definitions gen- SeC. 5.101. Designation of waters as marine erally, § 1-2. sanctuaries. Sec. 5-94. When permitted. (a) Definition. Marine sanctuary is defined as Erosion control structures shall be permitted to those areas within the village where the tide ebbs be constructed in the village only where land . and flows including, but not limited to, Lake masses exist waterward of any- property line or Worth, the Intracoastal Waterway and other water bulkhead line in the village and within the rights- ax'eas throughout the village which under normal of-way of any waterway, lake, river, lagoon or circumstances support vegetation typically other body of-water in the village other than the adapted for life in the water and for the preserva- Atlantic Ocean. Erosion- control structures shall tion and growth of fish breeding, recreation and be.permitted when the village engineer and vil- aesthetic areas. lage council determine. that such structure is nec- (b) Areas designated. The village nominates all essary to prevent a land mass as described above water areas within its corporate limits, and, in from eroding into the adjacent body of water. particular, Lake Worth and the Intracoastal Wa- (Code 1970, § 11-40; Ord. No. 4-74, § 2) terway, to be designated as "a marine and wild- . life sanctuary" as provided for under Title III of Sec. 5.95. Construction. the Marine Protection, Research and Sanctuaries Construction plans and location of erosion con- Act of 1972. The village clerk is hereby directed to trol structures shall be prepared by a Florida reg- request the secretary of commerce to so designate istered engineer and be approved. by the village 1'Editor's note-Ordinance No. 18-79, § 1, adopted Sep- engineer. Prior to a permit being issued, permits tember 13, 1979, amended the Code by adding § 7-25. How- ever, for purposes of classification, the new provisions have *Cross reference=Coastal construction code, 6-151 et been redesignated as Ch: 5, Art. IV, § 5-101, at the editor's seq.- discretion. 330 BOATS, DOCKS AND WATERWAYS § 5-101 those portions of North Palm Beach to be marine sanctuaries. (c) Area to be regulated. The village hereby de- clares the waters of Lake Worth and the Intrac- oastal Waterway within its municipal boundaries to be a marine sanctuary in accordance with its findings that these waters support substantial fish breeding and are one of the last known fish breeding areas in Lake Worth, and contain therein unique mangrove species, mud flats and other areas conducive to fish breeding and ecological conservation of marine life. Further, that such areas are necessary to be conserved for their eco- logical purposes, as well as for the substantial recreational purposes of fishing and boating which occur thereon, as well as for the aesthetic value of the substantial expanse of water, together with the marine life, mangroves and foliage connected therewith. Accordingly, the village council hereby undertakes to regulate water areas, mangrove areas and other fish breeding and recreation areas within the village to the extent that such regula- tions do not conflict with either state or federal law, and no disturbance of existing areas within the village where the tide ebbs and flows may occur without the specific authorization, permit and license of the village, after due notice and hearing as to the ecological, conservation, recre- ation and aesthetic affect upon these areas shall be had. (d) Construction o f section. The terms of this section shall be in addition to any other terms set forth in this Code which are concerned with ap- plications for dredge and fill permits, applications for building, setback applications, etc., and shall not be considered to be in lieu of any require- ments contained in the village Code. (Ord. No. 18-79, § 1, 9-13-79) Cross reference-Filling permits, 7-16-7-20. [The next page is 381] 331 i BUILDINGS AND BUILDING REGULATIONS § 6-19 ARTICLE I. IN GENERAL and the following ordinances: Sec. 6.1. Construction on public land prohib- Ord. No. Date Section ited. 7-72 2 It shall be unlawful for any person to erect or 16-72 1 maintain, or to permit the erection or mainte- 10-75 7-10-75 1, 2 nance of any structure of any kind, including a 9-78 5-25-78 1, 2 wall upon, across, over or under any portion of 3-80 2-14-80 1 any publicly dedicated utility or drainage ease- 25-80 10- 9-80 1, 2 ment area in the village. 17-82 9-23-82 1 (Code 1970, § 6-1) 12x83 8-25.83 1, 2 16-86~ 11-13-86 1, 2 Sec.. 6-2. Accessibility to buildings by handi- capped persons; state law adopted. Sec. 6.17. Codes adopted.. Pursuant to F.S. section. 553..73(2).,. F.S: part V The Standard Building,. Gas, Mechanical and of chapter 553, relating toy accessibility to build- Plumbing•Codes, 1988 editions, attached to Ordi- ings by handicapped persons, is hereby adopted nance No. 4-90, including Appendix B, C, E, F, I by reference. and R of the Standard Building Code, the county- wide amendments, and Appendix 3 of the amend- See. 6.3. Fire district. ments to the Standard Building Code, all of which All property within the village shall be included have been reviewed by the building code advisory within the fire district. board of the county, are hereby adopted and in- (Code 1970, § 16-23; Ord. No. 12-72, § 1) corporated herein, as part of the minimum con- - struction standards for the village. Sec. 6.4. Reserved. (Ord. No. 4-90, § 2, 3-8-90) Note-See the editor's note following § 6-16. Editor's note-Pursuant to advice of the city, and at the Cross references-Electrical code adopted, § 11-11; fire editor's discretion, Ord. No. 2-83, adopted Feb. 10, 1983, cod_ prevention code adopted, § 12-16; housing code adopted, § 15-1. ified as Ch. 12.5 of this Code, has been treated as superseding former § 6.4 relative to duties of the building official con- SeC. s-18. Reserved. cerning flood management building requirements. Such sec- tion derived from Ord. No. 7-77, § 1, adopted April 28, 1977 Editor's note-Section 1 of Ord. No. 10-89, adopted April and Ord. No. 19-78, § 1, adopted July 27, 1978. 27, 1989, repealed former § 6-18, which pertained to the ex- emption of building permit applicants from the county fair Secs. 6-5-6-15. Reserved. share ordinance, and derived from Ord. No. 15-79, § 1, adopted June 28, 1979. ARTICLE II. MINIMUM CONSTRUCTION Sec. 6.19. Violations; penalty. STANDARDS ~y person, firm or corporation who shall vio- See. 6-16. Authority. late a provision of this article, or fail to comply therewith, or with any of the requirements thereof, This. article is promulgated in accordance with shall be guilty of a misdemeanor. Each such person F.S. chapter 166, and chapter 74-565, Laws of shall be deemed guilty of a separate offense for Florida, as amended. each and every day or portion thereof during which (Ord. No. 4-90, § 1, 3-8-90) any violation of any of the provisions of this ar- Editor's note-The provisions of 6.16 and 6-17 were title is committed or continued and, upon convic- deleted as being superseded by the provisions of 1, 2 of Ord. tion of any .such violation, such person shall be No. 4-90, adopted Mar. 8, 1990, included herein as new 6-16 punished by a fine of not less than fifty dollars and fi-19. The deleted provisions pertained to the adoption of the Standard Building Code, 1985 edition and the county ($50.00) nor more than five hundred dollars amendments, and derived from Code 1970, 6-11 and 6-12, ($500.00), or by imprisonment not exceeding six 383 § 6-19 NORTH PALM BEACH CODE 6 months orb both such fine and im rison- 3 To rotect and to stabilize the eneral a - Y P P g P ~ ment. pearance of buildings, structures, land- ~ (Ord. No. 25-80, § 3, 10-9-80; Ord. No. 12-83, § 3, scaping and open areas, in the multiple 8-25-83) dwelling, commercial and public zoning dis- Editor's note-Ordinance No. 25-80, § 3, adopted Oct. 9, tricts of the village. 1980, was nonamendatory of the Code; hence, its inclusion as § 6-19 was at the editor's discretion. (4) To insure adequate light, air and privacy for property in the multiple dwelling, com- Secs. 6-20-6-29. Reserved. mercial and public zoning districts of the village. (5) To encourage and promote acceptability, at- ARTICLE III. APPEARANCE CODE* tractiveness, cohesiveness and compatibility of new buildings, developments, remodeling DIVISION 1. GENERALLY and additions so as to maintain and im- prove the established standards of property Sec. 6-30. Short title. values within the multiple-dwelling, com- mercial and public zoning districts of the This article, including any regulation hereafter village. adopted, shall hereafter be known, cited and re- (Code 1970, § 6-22) ferred to as the "Appearance Code." (Code 1970, § 6-21) Sec. 6.33. Appearance plan. Sec. 6-31. Definition. The village hereby adopts by reference thereto the appearance plan attached as exhibit A to Or- Theterm "external architectural feature" is de- dinance No. 3-72 of the village. The appearance fined to mean the architectural style and general plan is set forth at length in Appendix A of this arrangement of such portion of a building or strut- Code. ture as is designed to be open to view from a public (Code 1970, § 6-40; Ord. No. 3-72, § 1) street, place or way, or from adjoining premises. (Code 1970, § 6-39; Ord. No. 4-71, § l; Ord. No. Sec. 6.34. Reserved. 2-72, § 1) Editor's note-Ordinance No. 4-79, § 1, adopted March 8, Cross reference-Rules of construction and definitions gen- 1979, amended Ord. No. 6-77, § 5, enacted April 28, 1977, to erally, § 1.2. ~ repeal 6-29-6-32 of the 1970 Code, of which 6-30, 6-32 were codified as § 6.34 of this Code. Former § 6-34 pertained to Sec. 6-32. Intent and purposes. amendments of the appearance plan. This appearance code is adopted for the fol- Sec. 6.35. Appeals and review. lowing purposes: The applicant or any interested party may file (1) To promote the public health, safety, an appeal to the village council on any ruling by morals, comfort and general welfare of the the planning commission made pursuant to this citizens of the village. article. An appeal shall be on forms provided by the village. The appeal shall be filed or made (2) To enhanced the values of property throughaut the village. within ten (10) days after decision of the planning commission. Appeals shall set forth the alleged *Editor's note-Ordinance No. 6.77, § 6, enacted Apri128, inconsistency or nonconformity with procedures 1977, adopted 6-30-6-36, 6-56-6-60, concerning the ap- or criteria set forth in this article or standards set pearance code, as part of the comprehensive plan for the vii- forth in or pursuant t0 this article. The village lage. Ord. No. 4-79, adopted March 8, 1979, removed the ap- council shall decide an appeal within thirty (30) pearance code from the comprehensive plan. Cross references-Planning and development, Ch. 21; ap- days Of the filing Of such appeal unless an exten- pearance plan, App. A. Sion of time is consented to by the applicant, and 384 BUILDINGS AND BUILDING REGULATIONS § 6-57 such filing shall suspend any building permit is- DIVISION 2. RESERVED* sued pursuant to the ruling of the planning com- mission until the village council has decided the Secs. 6.43-6.55. Reserved. appeal. The village council may review any deci- sion of the planning commission and their dispo- DIVISION 3. CERTIFICATE OF sition of the matter shall be final. APPROPRIATENESS (Code 1970, § 6.37; Ord. No. 6-77, § 5, 4-28-77) Sec. 6-56. Preliminary consideration. Sec. 6.36. Powers and duties of planning The pianning commission shall, at the written commission concerning the ap- request of a prospective applicant for a certificate pearance code. of appropriateness, give consideration to prelimi- nary exterior drawings, sketches, landscape and The planning commission shall have the fol- site plans and materials on a specific project be- lowing powers and duties: fore a formal application is filed, and shall pro- (1) To hold public hearings on and make rec- vide such advice, counsel, suggestions and recom- ommendations for amendments to the ap- mendations on matters pertaining to aesthetics pearance plan. as they may deem necessary to guide such pro- spective applicant in the development of a plan (2) To consult with and cooperate with the plan- which would comply with the requirements and ning and zoning advisory board, the beau- purposes of the appearance plan; except that the tification committee and other village de- planning commission shall act in an advisory ca- partments, and any other municipal or pacity only, with regard to preliminary plans, and governmental bodies on matters affecting shall provide consultation only on projects for the appearance of the village. which preliminary drawings and materials are fur- nished by such prospective applicant, and shall (3) To study exterior design drawings, .land- not participate in the development of the basic scape and site plans and materials for any concept, plans or drawings. Upon finding the pre- proposed public works or public improve- liminary exterior drawings, sketches, landscape menu and to make recommendations tothe and site plans and materials are appropriate to, council or village manager as to the archi- or compatible with, the character of the imme- tectural or aesthetic aspects thereof. diate neighborhood and will tend to effect the gen- eral purposes of the appearance plan, the board (4) To study and review preliminary and final will issue a preliminary approval. Such approval plats and make recommendations to the will be irrevocable, and makes the issuance of the planning and zoning advisory board and the certificate of appropriateness mandatory upon ap- village council. plication, unless the final presentation does not (5) To hold hearings, when required, on the comply in all respects with the preliminary pre- sentation upon which the preliminary approval issuance of certificates of appropriateness was based. as provided in section 6-59, in connection (Code 1970, § 6-33; Ord. No. 6-77, § 5, 4-28-77) with questions pertaining to applications for building permits and to issue or deny Sec. 6.57. Final hearings. such certificates pursuant to the provisions of such section 6-59. Upon filing of an application for building permit (Code 1970, § 6-28; Ord. No. 6-77, § 5, 4-28-77) for a multifamily or commercial building, the Editor's note-Section 6-48 has been redesignated as § 6.36 building inspector shall immediately transmit the - at the editor's discretion for purposes of classification. Cross reference-Planning commission, § 21-11. *Editor's note-Ordinance No. 6-77, § 5, adopted Apri128, 1977, repealed 1970 Code 6-23-6-27, which were Div. 2, 6-43-6-47 of the 1978 Code, pertaining to the appearance Secs. 6-37-6.42. Reserved. board. See also the editor's note for § 6-36. 385 § 6.57 NORTH PALM BEACH CODE application to the [planning commission]. The fact finding is made, the planning commission. shall that an application for a certificate of appropri- provide such advice, counsel, suggestions and rec- ateness has been filed shall not be cause for the ommendations on matters pertaining to aesthetics building inspector to delay the review of plans as they may deem necessary to guide the prospec- relating to the building and zoning aspects of the tive applicant in the development of a plan which project, while the application is pending. The [plan- would comply with the requirements and pur- ning commission] shall establish regularly sched- poses of the appearance plan. If preliminary hear- uled monthly meetings at which to review all ap- ings have been held on the project for which ap- plications.Applications shall be submitted at least plication is being made, and preliminary approval fourteen (14) days prior to the scheduled monthly has been issued by the planning commission as meetings in order to be considered at that sched- provided in section 6-56, the planning commission uled monthly meeting. The building official's of- shall issue a certificate of appropriateness imme- fice shall prepare an agenda containing a list of diately, provided that the final drawings, plans all applications filed for each scheduled monthly and material as presented comply in all respects meeting, which shall be submitted to all members with the preliminary presentation upon which the of the [planning commission] at least ten (10) days preliminary approval was based. prior to the scheduled monthly meetings. The (Code 1970, § 6-35; Ord.. No. 6-77, § 5, 4-28-77) building offiicial's office shall further notify each applicant of the date and time of a hearing on his Sec. 6-59. Approval by planning commission. application, in writing, which notice shall be mailed at least seven (7) days prior to such hearing. The planning commission. shall issue a certifi- Upon such hearing, the [planning commission] cate of appropriateness upon a concurring vote of shall consider the application for building permit at least three (3) members. No building or other and receive additional evidence (such as the exte- permit, otherwise required under the ordinances rior renderings) from the applicant or his agent or of the village, for the erection, construction, alter- attorney and from village staff or other persons as ation or repair of any building or structure in a to whether the external architectural features of multiple-dwelling, commercial or public zoning dis- the proposed. building or structure comply with trict shall be issued by the building inspector ex- the appearance plan. cept -upon the granting of a certificate of appro- (Code 1970, § 6-34; Ord. No. 19-77, § 1, 10-27-77) priateness by the planning commission. The foregoing requirements shall not preclude the is- suance of a building permit without such certifi- Sec. 6-58. Action of planning commission. Cate if the building inspector shall determine that no external architectural feature as defined in sec- Prior to making its decision on an application tion 6-31 is involved in the work for which the for a certificate of appropriateness, the planning building permit is sought. commission may make recommendations to. the (Code 1970, § 6-36; Ord. No. 6-77, § 5, 4-28-77) applicant as to changes in the exterior drawings, sketches, landscaping, site plans and materials Sec. 6.60. Follow-up by building inspector. which in the judgment of the planning -commis- sion would tend to affect the general purposes.of Upon the granting of a certificate of appropri- the appearance plan. The planning commission ateness, the exterior drawings, sketches, land- shall make its decision within one (1) week after scape and site plans, renderings and materials the hearing is closed and shall issue to the building ~ upon which such certificate was granted shall be inspector a certificate of appropriateness, unless turned over to the building inspector whose re- the planning commission finds that the plan does sponsibility it shall be to determine, from time to not conform to the appearance plan and that the time as the project is in progress and finally upon proposed building or structure will be inappro- its completion, that there have been no unautho- priate to, or incompatible with, the character of rized deviations from the evidence upon which the the immediate neighborhood or cause substantial granting of the certificate of appropriateness was depreciation in property values. If the latter originally based. The building inspector shall not 386 BUILDINGS AND BUILDING REGULATIONS § 6.112 issue a certificate of occupancy for any building or Sec. 6.112. Definitions. structure where there have been any deviations from the certificate of appropriateness which has As used in this article, unless the context indi- been granted. Cates otherwise, the following words and phrases (Code 1970, § 6-38) shall have the meanings indicated: Animated sign means a sign visible from out- Secs. 6.61-6-71. Reserved. side a building with action or motion, flashing, color changes requiring electrical energy, elec- tronic or manufactured sources of supply, but not including wind actuated elements such as flags, ARTICLE IV. RESERVED* banners, or specialty items. This definition does not include time and temperature signs. Secs. 6.72-6-110. Reserved. Architectural projection means any projection . which is not intended for occupancy and which extends beyond the face of an exterior wall of a building, but shall not include signs. ARTICLE V. SIGNS AND OUTDOOR Background area of sign means the entire back- DISPLAYSI' ground area of a sign upon which copy could be placed. In computing area of sign background, only Sec. 6-111. Outdoor advertising displays gen- that face or faces which can be seen from any one erally. direction at one time shall be counted. "Outdoor advertising display" .means any letter, .Changeable copy panel means a panel which is figure, character, mark, plane, point, marquee characterized by changeable copy, regardless of sign, design, poster, pictorial, picture, stroke, method of attachment and visible from outside a stripe, line, trademark, reading matter or illumi- building. nated service, constructed, placed, attached, Copy area of sign means the actual area of the painted, erected, fastened or manufactured in any sign copy applied to any background. Compute manner whatsoever, and displayed in any manner copy area by straight lines drawn closest to copy whatsoever out of doors so that the same shall be extremities encompassing individual letters or used for the attraction of the public to any place, words. subject, person, firm, corporation, public perfor- mance, article, machine or merchandise, whatso- Directional signs means on-premises .incidental ever. Every outdoor display shall be classified and signs designed to guide or direct pedestrians or conform to the requirements of that classification vehicular traffic. as set forth in this article. (Ord. No. 10-80, § 2, 5-22-80) Freestanding sign means a sign which is sup- ported by one (1) or more columns, uprights or *Editor's note-Section 3 of Ord. No. 4-90, adopted Mar. 8, braces in or upon the ground. 1990, repealed former Art. IV, "Contractors," which contained 6-72-6-81 and 6-89-6-99. The repealed provisions derived Illuminated sign means a sign in which a source from Code 1970, § 10-1-10-11, and Ord. No. 19-82, 1-s, of light is used in order to make the message read- adopted Oct, 14, 19s2. able. This definition shall include internally and fiEditor's note-Ordinance No. 10-80, § 1, adopted May 22, 1950, repealed formerArt. V, 6.111-6-147, relative to signs. externally lighted signs. The repealed sections derived from Code 1970, 34.1-34-14, Lot means a parcel of land declared as a building 34.16; Ord. No. 8-74, § l .and Ord. No. 2-78, § 1, adopted Feb. 9, 1978. Section 2 of the Ord. No: 10-80 enacted 6-lil- site under one ownership. 6-136 as hereinabove set out. Cross .reference-Appearance plan, App. A; zoning, App. Marquee means a permanent rOOfed Structure C. attached to and supported by the building and 387 § 6.112 NORTH PALM BEACH CODE projecting over public or private sidewalks or right Under marquee sign means a lighted or un- of ways. lighted display attached to the underside of amar- Marquee sign means any sign attached to or quee protruding over public or private sidewalks constructed in a marquee. or rights of way. Neon tube sign means a sign electrically lighted Wall sign means a sign which is in any manner by tubes containing inert gas, visible from outside affixed to any exterior wall of a building or struc- a building. ture and which projects not more than eighteen (18) inches from the building or structure wall On premises sign means a sign which carries and which does not extend above the parapet, only advertisements strictly incidental to a lawful eaves, building roof, or cornice of the building on use of the premises on which it is located, in- which it is located. This includes stucco relief cluding signs or sign devices indicating the busi- signs. ness transacted, services rendered, goods sold or (Ord. No. 10-80, § 2, 5-22-80; Ord. No. 19-89, § 1, produced on the premises, name of the business, 9-14-89) .name of the person, firm or corporation occupying the premises. Sec. 6.113. Permits. Painted wall sign means a sign painted on a (a) Required. An outdoor advertising display wall, or any other surface or part of a building or sign shall not hereafter be erected, constructed, structure. altered or maintained except as provided in this Projecting double-faced building sign means a Code, until after permit for the same has been double-faced sign which projects more than twelve issued by the building official. (12) inches over private or public sidewalks or right of ways and which uses a building wall as its main Fees. Fees shall be based on the construc- source of support. tion valuation as set forth in the building code. Reuoluing sign means a sign which revolves and (c) Exemptions. The following signs are exempt is visible from outside a building. from the requirement of obtaining a permit or paying a fee, but they shall be subject to the other Roof sign means a sign erected upon or above a provisions of this chapter: roof or parapet wall of a building and which is wholly or partially supported by said building. (1) Temporary signs. Sign structure means any structure which sup- (2) Signs of religious, charitable, or other non- ports or is capable of supporting any sign as de- ~ profit organizations located on the premises fined in this Code. A sign structure may be a single of the organizations. pole or may or may not be an integral part of the (Ord. No. 10-80, § 2, 5-22-80; Ord. No. 19-89, § 2, building. 9-14-89) Cross reference-Licenses and miscellaneous business reg- Standard Building Code means the current edi- ulations, Ch. 17. tion of the Standard Building Code as has been officially adopted by the village. Sec. 6.114. Identification of signs. Temporary sign. means a sign which is intended 60 dUVertl$e l:Oll lil~,lnl~y eVellt$, %iVi% prilje%ts, po- ~ Every outdoor advertising display sign here- litical candidacy, political issues, real estate for after erected, constructed or maintained, for which sale or lease or other special events on a tempo- a permit is required, shall be plainly maxked with rary basis. the name of the person, firm or corporation erecting and maintaining such sign and shall have Time and temperature sign means a display con- affixed on the front thereof the permit number twining illuminated numerals flashing alternately issued for the sign by the building official. to show the time and the temperature. (Ord. No. 10-80, § 2, 5-22-80) 388 BUILDINGS AND BUILDING REGULATIONS § 6.119 Sec. 6.115. Sign inspection. within the time specified in such order, the Eve freestandin si roof si building official is hereby authorized to cause re- ry g gn, gn, wall sign and moval of such sign and any expense incident projection sign may be inspected by the building thereto shall be paid by the owner of the building official or his authorized representative at inter- or structure to which such sign is attached. vals as required by the building official. (Ord. No. 10-80, § 2, 5-22-80) (Ord. No. 10-80, § 2, 5-22-80) Sec. 6-116. Unsafe signs. Sec. 6.119. Unlawful signs. Should any sign become insecure or in danger (a) In any case any sign shall be installed, of falling or otherwise become unsafe in the erected or constructed in violation of any of the opinion of the building official, the owner thereof terms of this Code, the building official shall no- or the person or firm maintaining the same, upon tify the owner or lessee thereof by registered mail written notice from the building official, shall se- or written notice served personally to alter such cure the same forthwith in the case of immediate sign so as to comply with this Code or the zoning danger and, in any case, within ten (10) days, in a regulations and to secure the necessary permit manner to be approved by the building official in therefor or to remove the sign. If such order is not conformity with the provisions of this Code or shall complied with within ten (10) days, the building remove such sign. If such order is not complied official shall remove such sign at the expense of with within ten (10) days, the building official shall the owner or lessee thereof. Procedures shall follow remove such sign at the expense of the owner or section 102.50 'of the Palm Beach County Wide lessee thereof. Procedures shall follow section Administrative Code, 1988 edition. 102.50 of the Palm Beach County Wide Adminis- (b) The following are prohibited in all zoning trative Code, 1988 edition. districts: (Ord. No. 10-80, § 2, 5-22-80) (1) Animated signs. Sec. 6-117. Ndaintenance. (2) Searchlights. All signs for which a permit is required, to- (3) Revolving signs. gether with all their supports, braces, guys and anchors, shall be kept in repair and unless of gal- (4) Changeable copy panels, subject to the fol- vanized or noncorroding metal, shall be thoroughly lowing exceptions: painted at least once every two (2) years. The a. Sign for public, charitable, and reli- building official may order the removal of any gious institutions. sign that is not maintained in accordance with b. All changeable copy panels permitted the provisions of this section. Such removal shall and in existence prior to May 22, 1980. be at the expense of the owner or lessee. c. Motor vehicle service station signs; pro- (Ord. No. 10-80, § 2, 5-22-80) vided, however, that the signs are: See. 6.118. Removal of signs advertising de- 1. Limited to a maximum of twenty funct businesses, discontinued (20) percent of the total sign area products. for the vehicle service station. 2. Changeable copy is limited to price Any sign now or hereafter existing which no of fuel and the words "cash" and longer advertises a bona fide business conducted, "credit." or a product sold, shall be taken down and re- 3. The maximum height of change- moved by the owner, agent or person having the able numbers shall be twelve (12) beneficial use of the building or structure upon inches. which such sign may be found within ten (10) days (5) Roof signs. after written notification from the building offi- cial; and upon failure to comply with such notice (6) Painted wall signs. 389 § 6-119 NORTH PALM BEACH CODE (7) The use of neon tubes or other illuminating that it is both visible and legible from the public devices to outline part or all of a building; street. exposed neon tubes and lamps. (b) Commercial buildings with wall facing alley. (8) Portable signs, folding signs and similar Every commercial building with a wall facing an movable signs, flags, banners and alley shall have each individual tenancy street streamers, unless such signs are first ap- number affixed to the building above or next to proved by the village manager. the rear door serving each tenancy so that the (9) Off premise signs. (See exception in section number is both visible and legible from the alley. 6-127(f).) The street numbers shall be reflective. (Ord. No. 10-80, § 2, 5-22-80; Ord. No. 32-80, § 1, (c) Height; color. All street numbers shall be a 10-23-80; Ord. No. 7-85, § 1, 5-9-85) minimum of three (3) inches in height and shall be a sharply contrasting color with the building. Sec. 6-120. Location restrictions. An outdoor advertising display sign shall not (d) Maintenance. It shall be the duty of the owner of the building to maintain the numbers on be erected, constructed or maintained so as to ob- the building in good condition. struct any fire escape or any window or door or (Ord. No. 10-80, § 2, 5-22-80; Ord. No. 5-89, § 1, opening used as a means of egress or so as to 2.9.89) prevent free passage from one (1) part of a roof to any other part thereof. A sign shall not be at- tached in any form, shape or manner to a fire Sec. 6-124. Design and stress diagrams re- escape, nor be placed in such manner as to inter- quired. fere with any opening required by law for venti- lation. Before a permit shall be. granted, the erector of (Ord. No. 10-80, § 2, 5-22-80) every outdoor advertising sign, except real estate and contractors' temporary signs, shall submit to Sec. 6-121. Signs projecting over public prop- the building official a design and stress diagram ~I ert or plan, containing the information necessary to 3'' enable the building official to determine that such Signs projecting from a building or extending sign complies with all the regulations of this Code. over public property shall maintain a clear height (Ord. No. 10-80, § 2, 5-22-80) of nine (9) feet above the sidewalk and shall not extend more than eighteen (18) inches of [over] Sec. 6-125. Wind pressure. the curbline. (Ord. No. 10-80, § 2, 5-22-80) In the design and erection of all outdoor adver- tising display signs, the effect of wind shall be Sec. 6-122. Placing banners, etc., across carefully considered. All signs shall be so con- streets. strutted as to withstand the wind pressure as spec- No person shall place or extend any banner or ified in chapter 12 of the Standard Building Code, canvas sign across any public street, park or other with a minimum wind load of fifty (50) pounds per way of the village without first having obtained square foot. All signs exceeding forty (40) square permission from the viilage manager. feet in background area shall be designed by a (Ord. No. 10-80, § 2, 5-22-80) Florida registered engineer. (Ord. No. 10-80, § 2, 5-22-80) Sec. 6-123. Street numbers required. Sec. 6.126. Working stresses. (a) Generally. Every building in the village shall have its street number so affixed to the building In all outdoor advertising display signs, the al- or premises upon which the building is located loveable working stresses shall conform with the 390 BUIL' DINGS AND BUILD'ING' REGiJIATIONS § 6-129 requirements of chapter 12 of the Standard four hundred fifty (450) square feet in background Building Code, except as specified below: area, counting all sides. Any sign permitted by (1) The allowable working stresses for steel and this subsection shall comply with all other provi- wood shall be in accordance with the pro- sions of this article and the provisions of this sub- v i s i o n s o f Chapter X V , ` `Steel section shall in no way increase the number of Construction," and Chapter XVII, "Wood signs permitted in a given area, nor increase the Construction,'' of the Standard Building amount of surface area of the sign itself. Code. (Ord. No. 10-80, § 2, 5-22-80) (2) The working strength of chains, cables, guys Sec. 6.128. Wall signs. or steel rods shall not exceed one-fifth of the ultimate strength of such chains, ca- Wall signs attached to exterior walls of solid tiles, guys or steel rods. masonry,.. concrete or stone shall. be: safely and se- (Ord. No. 10-80, § 2; 5-22-80) curely attached to the same by means of metal anchors, bolts or expansion screws of not less than Sec. 6.127. Freestanding signs. three-eighths-inch in diameter and shall be em- bedded at least five (5) inches. Wood blocks shall (a) Lighting reflectors on freestanding signs not be used for anchorage, except in the case of may project beyond the face of the sign. wall signs attached to buildings with walls of wood. A wall sign shall not be supported by anchorages (b) Every freestanding sign shall be of rigid con- secured to an unbraced parapet wall. struction to withstand wind action in all direr- (Ord. No. 10-80, § 2, 5-22-80) tions. (c) Any person, partnership, firm or corpora- Sec. 6.129. Projecting signs. tion occupying any vacant lot or premises by ~ (a) All projecting signs shall be constructed en- means of a freestanding sign shall be subject to tirely of metal or other noncombustible material the same duties and responsibilities as the owner and securely attached to a building or structure of other lot or premises, with respect to keeping by metal supports such as bolts, anchors, sup- the same clean, sanitary, inoffensive and free and ports, chains, guys or steel rods. Staples or nails clear of all obnoxious substances and unsightly shall not be used to secure any projecting sign to conditions on the ground in the vicinity of such any building or structure. freestanding sign. (d) Wherever anchors or supports consist of The dead load of projecting signs, not par- wood embedded in the soil, the wood shall be pres- allel to the building or structure, and the load due sure treated with an approved preservative. to wind pressure shall be supported with chains, guys or steel rods having net cross sectional di- (e) All freestanding signs shall be erected within mension of not less than three-eighths-inch in di- landscaped areas. Minimum distance from the ameter. Such supports shall be erected or. main- edge of the landscaped area to sign supports shall tained at an angle of at least forty-five (45) degrees be three (3) feet. Irrigation water shall be pro- with the horizontal to resist the dead load and at vided for the landscaping. an angle of forty-five (45) degrees or more with (f) Where a parcel of land by one (1) legal entity the face of the sign to resist the specified wind has a commercial enterprise located thereon which Pressure. If such projecting sign exceeds thirty lies partly within and partly without the munic- (30) square feet in one (1) facial area, there shall ipal boundaries of the village, there may be erected be provided at least two (2) inch supports on each on that part of the parcel lying within the village, side not more than eight (8) feet apart to resist the • one (1) freestanding sign advertising products, ac- v~nnd pressure. commodations, services or activities available on (c) All supports shall be secured to a bolt or that part of the parcel lying without the village; expansion screw that will develop the strength of provided, however, that the sign shall not exceed the supporting chain, guys or steel rod, with a 391 § 6-129 NORTH PALM BEACH CODE minimum five-eighths-inch bolt or lag screw by (c) Electrically lighted signs shall be automat- an expansion shield. Turnbuckles shall be placed ically controlled to be disconnected daily at mid- in all chains, guys or steel rods supporting pro- night or at the close of the business if the adver- jecting signs. tised closing is later than midnight. (d) Chains, cables, guys or steel rods used to (d) All illuminated signs erected in the village support the live or dead load of projecting signs that do not conform to the terms of this paragraph may be fastened to solid masonry walls with ex- shall conform by July 1, 1981, or be removed from pansion bolts or by machine screws in iron sup- the premises. ports, but such supports shall not be attached to (Ord. No. 10-80, § 2, 5-22-80) an unbraced parapet wall. Where the supports must be fastened to walls made of wood, the sup- porting anchor bolts must go through the wall Sec. 6.132. Vehicle signs. and be plated or fastened on the inside in a secure manner. Motor vehicles with advertising devices or signs (e) A projecting sign shall not be erected on the of any nature attached or affixed in any manner wall of any building so as to project above the roof to the motor vehicle may be permitted on a parcel or cornice wall or above the roof level where there of commercial land for not more than twenty-four is no cornice wall. A sign attached to a corner of a (24) consecutive hours and for not more than building and parallel to the vertical line of such twenty-four (24) hours in any forty-eight-hour pe- corner shall be deemed to be erected at a right riod. Nonmotorized vehicular signs or sign struc- angle to the building wall. tures attached or affixed in any manner on or to (Ord. No. 10-80, § 2, 5-22-80) any nonmotorized wheeled vehicle are expressly prohibited in any zone. (Ord. No. 10-80, § 2, 5-22-80) Sec. 6-130. Marquee signs. Marquee signs shall be constructed entirely of Sec. 6-133. Use of plastic materials. metal of noncombustible material and may be at- tached to or hung from a marquee and such signs, (a) Flammability. Notwithstanding any other when hung from a marquee, shall be at least eight provisions of this Code, .plastic materials which (8) feet at its lowest level above the sidewalk or burn at a rate no faster than two and one-half ground level and further, such signs shall not ex- (2.5) inches per minute, when tested in actor- tend outside the line of such marquee. Marquee dance with "Test for Flammability of Rigid Plas- signs may be attached to the sides and front of a tics Over 0.050 Inches in Thickness, ASTM D635," marquee and such sign may extend the entire shall be deemed approved plastics and may be length and width of the marquee, provided such used as the display surface material and for the si des n gn o of extend more than six (6) feet above, nor one (1) foot below such marquee, but under no letters, decorations and facings on signs and out- circumstances shall the sign or signs have a ver- door display structures, provided, that in the fire tical dimension greater than eight (8) feet. district the structure of the sign in which the (Ord. No. 10-80, § 2, 5-22-80) plastic is mounted or installed is noncombustible. (b) Size of facings. Individual plastic facings of Sec. 6-131. Illuminated signs. electric signs shall not exceed two hundred (200) (a) All illuminated signs shall belighted by elec- square feet in area. If the area of a display surface tricity only. exceeds two hundred (200) square feet, the area occupied or covered by approved plastics shall be (b) All electric wiring to signs shall be installed limited to two hundred (200) square feet plus fifty in conduit and concealed. The conduit shall be (50) percent of the difference between two hun- installedunder the ground in accordance with the dred (200) square feet and two thousand (2,000) village electric code. square feet. 392 BUILDINGS AND BUILDING REGULATIONS § 6-136 (c) Letters and decorations. Letters and decora- (2) One (1) real estate sign not exceeding five tions mounted upon an approved plastic facing or (5) square feet in background area which display surface may be made of approved plastics. advertises the sale, rental or lease of the (d) Definition of approved plastic. An approved premises upon which the sign is located plastic is as defined in the Standard Building Code. only. (Ord. No. 10-80, § 2, 5-22-80) (3) One (1) sign denoting the architect, engi- neer and/or contractor, when placed at the Sec. 6.134. Regulations and guidelines for construction site, and not exceeding five (5) various height and area computa• square feet in background area in total. tions. (4) Reserved. (a) Computing background area of sign. In com- puting background area in square feet, standard (5) No freestanding sign maybe located closer mathematical formulas for known or common than ten (10) feet of the front property line shapes will be used. In the case of irregular shapes, or three (3) feet of the side and rear prop- straight lines drawn closest to the .extremities of erty line, except sign allowed in subsection the shape will be used. On signs with more than (1) above. one (1) face, only that face or faces visible from (b) District R-2. For districts R-2, the following any one (1) direction atone (1) time will be counted. on-premises signs are permitted: (b) Computing copy area. In computing copy (1) One (1) sign, not exceeding one (1) square area, straight lines drawn closest to copy extrem- foot in background area and bearing only hies encompassing individual letters or words property numbers, street address and/or shall be used. names of occupants of premises. Editor's note-Included with Ord. No. 10-80, § 2, adopted May 22, 1980, and § 6-134 above, were drawings numbers 1 (2) One (1) real estate sign not exceeding five and 2. At the editor's discretion, such figures have not been (5) square feet in background area which codified. advertises the sale, rental or lease of the Sec. 6.135. Signs in commercial districts. premises upon which the sign is located only. One (1) building identification sign which is in- stalled flat against the main front wall of a (3) One (1) sign denoting the architect, engi- building maybe provided for each building street neer and/or contractor, when placed at the frontage provided.such sign does not exceed twenty construction site, and not exceeding five (5) (20) square feet in background area. Additionally, square feet in background area in total. business signs which are installed flat against the (4) Reserved. main front wall of a building are permitted for each licensed business frontage, which has direct (5) One (1) sign not over twenty-four (24) square ground level walk-in access from a public or pri- feet in background area for public, chari- vate roadway or sidewalk. table or religious institutions when the (Ord. No. 10-80, § 2, 5-22-80) same are located on the premises of the in- stitutions. Sec. 6.136. Specific sign requirements by (6) Memorial signs on tablets, names of build- zoning districts. ings and dates of erection when cut into (a) District R-1. For district R-1, the following any masonry surface or when constructed on-premises signs are permitted: of bronze or other incombustible materials (1) One (1) sign, not exceeding one (1) square and not exceeding eight (8) square feet in background area. foot in background area and bearing only property numbers, street address and/or (7) No freestanding sign maybe located closer names of occupants of premises. than ten (10) feet of the front property line 393 ~ § 6.136 NORTH PALM BEACH CODE or three (3) feet of the side and rear prop- e. Location. No freestanding sign maybe erty line. This provision does not apply to located closer than ten (10) feet of the the sign allowed by subsection (1) above. front property line or three. (3) feet of the side and rear property line. This (c) District R-3. For district R-3, the following provision does not apply to the sign al- on-premises signs are permitted: lowed by subsection a. above. (1) One (1} sign, not exceeding three (3) square f. Builders' and developers' signs adver- feet in background area and bearing only tising sale, rental or lease of premises property numbers, street address and/or upon which signs are Zocated. Builders' names of occupants of premises. and developers' signs shall be per- mitted to exceed the above sizes but (2) One (1) real estate sign not exceeding five shall not exceed one hundred (100) (5) square feet in background area which square feet in background area. Per- advertises the sale, rental or lease of the mits are renewable every six (6) premises upon which the sign is located months. These signs shall be removed only. prior to issuance of a certificate of oc- - cupancy. (3) One (1) sign denoting the architect, engi- neer and/or contractor, when placed upon (d) District CA. For district CA the following work under construction, and not exceeding signs are permitted: thirty-two (32) square feet in background (1) Type. On-premises wall and freestanding area in total. signs are permitted. (4) Reserved. (2) Number. r (5) One (1) sign not over twenty-four (24) square a. Freestanding signs. One (1) sign per- l feet in background area for public,. chari- mitted per lot. table or religious institutions when the b. Wall signs. See section 6-135. same are located on the premises of the in- c. Real estate signs. One (1) sign per- stitutions. mitted to advertise the sale, rental or -lease of the premises upon which the (6) Memorial signs or tablets, names of build- sign is located. Maximum background ings and dates of erection- when cut into of sign shall be ten (10) square feet. any masonry surface or when constructed Minimum front setback to be ten (10) of bronze or other incombustible materials feet.. and not exceeding eight (8) square feet in background area. (3) Size. (7) In addition to the above-listed signs, the a. Freestanding sign. Total freestanding following are permitted: sign background area shall not exceed fifty (50) square feet for lots of one hun- a. Type. On-premises freestanding and dred (100) feet or less, in width, and wall signs which may be indirectly il- maybe increased in total surface area luminated or silhouetted. by five (5) square feet for each addi- b. Number. One (1) sign only permitted, - tional twenty (20) feet of lot width. The either one (1) wall sign or one (1) free- maximum total background area per- . standing sign. mitted in any case is seventy-five (75) c. Size. The maximum background area square feet. shall be thirty-two (32) square feet. b. WaII sign. The background area of a d. Height. The maximum total height of a wall sign shall not exceed the ratio of freestanding sign shall be ten (10) feet one-half square foot of area for each - above surrounding grade. lineal foot of licensed building frontage. -394 BUILDINGS AND BUILDING REGULATIONS § 6-136 A maximum of one hundred (100) g. Builders' and developers' signs adver- square feet of wall sign background using the sale, rental or lease of the area per building is allowed. premises upon which the signs are lo- (4) Height. Gated. Builders' and developers' signs shall be permitted to exceed the above a. Freestanding sign. Maximum total sizes but shall not exceed one hundred height permitted is twenty (20) feet (100) square feet in background area. above surrounding grade. Permits are renewable every six (6) b. Wall sign. The bottom edge of wall months. These signs shall be removed signs which exceed six (6) inches in prior to issuance of a certificate of oc- thickness shall be a minimum of eight cupancy. (8) feet above the ground or sidewalk level. No wall sign shall exceed twelve (7) Directional signs. Parking area signs may (12) inches in thickness. be erected at each point of ingress and (5) Location. Freestanding signs. Freestanding egress to a parking lot or parking area and signs shall be set back a minimum of forty such signs shall not exceed two (2) square (40) feet from any right-of--way and twenty feet in background area nor extend to a (20) .feet from any side property line. greater height than three (3) feet above the ground. Only one (1) such sign shall be al- (6) Additional nonilluminated signs. In addi- lowed at each point of ingress and egress, tion to the above, the following nonillumi- provided such signs do not create a traffic nated signs are permitted: or pedestrian hazard. a. One (1) sign, not exceeding one square (e) District CB. For district CB the following foot in background area and bearing signs are permitted: only property numbers, street address and/or names of occupants of premises. (1) Type. On-premises wall and freestanding b. One (1) sign denoting the architect, en- signs are permitted. gineer or contractor, when placed upon the construction site, and not exceeding (2) Number. a total combined thirty-two (32) square feet in background area. a. Freestanding signs. One (1) sign per- t. Reserved. mitted per lot. d. One (1) sign not over twenty-four (24) b. Wall signs. See section 6-135. square feet in background area for c. Real estate signs. One (1) sign per- public, charitable or religious institu- mitted to advertise the sale, rental or bons, when the same are located on lease of the premises upon which the the premises of the institutions. sign is located. Maximum background e. Memorial signs or tablets, names of area of sign shall be ten (10) square buildings and dates of erection when feet. Minimum front setback to be ten cut into any masonry surface or when (10) feet. constructed of bronze or other incom- (3) Size. bustible materials and not exceeding eight (8) square feet in background a. Freestanding sign. Total freestanding area. sign background area shall not exceed f. Occupational wall signs denoting only fifty (50) square feet for lots of one hun- the name and profession of an occu- died (100) feet or less, in width, and pant in a commercial building or public may be increased in total background institutional building and not ex- - area by five (5) square feet for each ad- ceeding two (2) square feet in back- ditional twenty (20) feet of lot width. ground area. The maximum total background area 395 § 6-136 NORTH PALM BEACH CODE permitted in any case is seventy-five £ Occupational wall signs denoting only (75) square feet. the name and profession of an occu- b. Wall sign. The background area of a pant in a commercial building or public wall sign shall not exceed the ratio of institutional building and not ex- one-half square foot of area for each ceeding two (2) square feet in back- lineal foot of licensed building frontage. ground area. A maximum of one hundred (100) g. Builders' and developers' signs adver- square feet of wall sign background tising the sale, rental or lease of the area per building is allowed. premises upon which the signs are lo- (4) Height. Gated. Builders' and developers' signs shall be permitted to exceed the above a. Freestanding sign. Maximum total sizes but shall not exceed one hundred height permitted is twenty (20) feet ~ (100) square feet in background area. above surrounding grade. Permits are renewable every six (6) b. Wall sign. The bottom edge of wall months. These signs shall be removed signs which exceed. six (6) inches in prior to issuance of a certificate of oc- thickness shall be a minimum of eight cupancy. (8) feet above the ground or sidewalk level. No wall sign shall exceed twelve (7) Directional signs. Parking area signs may (12) inches in thickness. ~ be erected at each point of ingress and egress to a parking lot or parking area and (5) Location. Freestanding sign. Freestanding such signs shall not exceed two (2) square signs shall be set back a minimum of fif- feet in background area nor extend to a teen (15) feet from any right-of--way and greater height than three (3) feet above the twenty (20) feet from anyside property line. ground. Only one (1) such sign shall be al- (6) Additional nonilluminated signs. In addi- lowed at each point of ingress and egress, tion to the above, the following nonillumi- provided such signs do not create a traffic nated signs are permitted. or pedestrian hazard. a. One (1) sign, not exceeding one square (fj Districts C-1, C-IA, and C-2. For districts C-1, foot in background area and bearing C-1A and C-2 the following signs are permitted: only property numbers, street address and/or names of occupants of premises. (1) Type. On-premises freestanding and wall b. One (1) sign denoting the architect, en- signs are permitted. gineer or contractor, when placed upon the construction site, and not exceeding (2) Number. a total combined thirty-two (32) square feet in background area. a. Freestanding sign. One (1) sign per- t. Reserved. mitted per lot. d. One (1) sign not over twenty-four (24) b. Wall sign. See section 6-135. square feet in background area for (3} Size. public, charitable or religious institu- tions, when the same are located on a. For each lineal foot of lot frontage mea- the premises of the institutions. Scared along the front lot line which is e. Memorial signs or tablets, names of used to calculate the allowed size of a buildings and dates of erection when freestanding sign, the background area cut into any masonry surface or when of a freestanding sign shall. not contain constructed of bronze or other incom- more than one and one-half (11/2) square bustible materials and not exceeding feet. eight (8) square feet in background b. For each lineal foot of licensed busi- area. ness frontage, the total background 396 BUILDINGS AND BUILDING REGULATIONS § 6-137 area of wall signs shall not contain e. One (1) sign not over twenty-four (24) more than two (2) square feet. square feet in background area for c. A combination of one (1) freestanding public, charitable or religious institu- sign and one (1) or more wall signs shall bons when the same are located on the be permitted provided that the total premises of the institutions. background area of the combined signs f. Memorial signs and tablets, names of shall not exceed the maximum per- buildings and dates of erection when mitted area set forth above. cut into any masonry surface or when constructed of bronze or other incom- (4) Height and location. bustible materials and not exceeding a. Wall sign. The bottom edge of wall eight (8) square feet in background signs which exceed six (6) inches in area. thickness shall be a minimum of eight g• Occupational wall signs denoting only (8) feet above-grade. No wall sign shall name and profession of an occupant in exceed twelve (12) inches in thickness. a commercial building or public insti- b. Freestanding sign. A freestanding sign tutional building and not exceeding two shall be set back a minimum of fifteen (2) square feet in background area. (15) feet from any right-of--way line and h. Builders' and developers' signs adver- the maximum height of the sign above using the sale, rental or lease of the grade shall be fifteen (15) feet at the premises upon which the signs are lo- setback line. For each two (2) feet that Gated. Builders' and developers' signs a sign is located behind the fifteen-foot shall be permitted to exceed the above setback line, the height of the sign may sizes but shall not exceed one hundred be increased one (1) foot. The maximum (100) square feet in background area. height of a freestanding sign shall be Permits are renewable every six (6) twenty (20) feet. No freestanding sign months. These signs shall be removed shall be erected nearer than two (2) feet prior to issuance of a certificate of oc- of any other sign, building or strut- cupancy. ture. No part of any sign shall be i. Directional signs. Parking area signs erected closer than eighteen (18) inches maybe erected at each point of ingress of any property line. and egress to a parking lot or parking area and such signs shall not exceed (5) Additional signs. In addition to the above, two (2) square feet in background area the following signs are permitted: nor extend to a greater height than a. One (1) sign, not exceeding one (1) three (3) feet above the ground. Only square foot in background area and one (1) such sign shall be allowed at bearing only property numbers, street each point of ingress and egress, pro- address and/or names of occupants of vided such signs do not create a traffic premises. or pedestrian hazard. b. One (1) real estate sign not exceeding (Ord. No. 10-80, § 2, 5-22-80; Ord. No. 19-89, § 4, ten (10) square feet in background area 9-14-89) which advertises the sale, rental or lease of the premises upon which the Sec. 6-137. Signs in P, public district. signs are located only. c. One (1) sign denoting the architect, en- For district P, the following signs are permitted: gineer or contractor, when placed upon (1) Type. On-premises, wall and freestanding the construction site, and not exceeding signs are permitted. a total combined thirty-two (32) square feet in background area. (2) Number. Such number as shall be permitted d. Reserved. by the village council, in its discretion, to 397 § 6-137 NORTH PALM BEACH CODE assist in the administration and operation Florida Model Energy Efficiency Code, for of the village and its various governmental, Building Construction, 1986 edition, as the en- recreation and proprietary operations. ergy code for the village. There have been for at (3) Size; height and location. Shall be no greater least ten (10) days last past and shall be during than that permitted in other comparable the time that this code is in effect, three (3) copies areas of the village as presently regulated of such code and recommended amendments kept by section 6-136. It being the intention that available for public use, inspection and examina- the size, height and location of signs shall tion. be commensurate with the zoning districts (Ord. No. 6-79, § 1, 4-26-79; Ord. No. 23-80, § 1, adjacent to the P public area where the 10-9-80) signs are to be erected. In :addition to the above, the following signs are permitted: Locational and direction signs at out- ARTICLE VII. COASTAL CONSTRUCTION door public recreation park and sporting events, CODE* which may include advertising logo of the entity sponsoring the activity or event being held onpub- licly owned property, including, but not limited Sec. 6.161. Title. to, youth athletic association, organized team com- The provisions contained herein shall consti- petitions, swimming meets, tennis tournaments, tuts the coastal construction code for construction and golf course benches with direction and ball- within the coastal building zone and coastal bar- washing facilities at each tee area. rier islands in the village and shall be referred to (Ord. No. 1-88, § 1, 1-14-88) as the "coastal code." Sec. 6.138. Permitted signs in all zoning dis- (Ord. No. 22-86, § 1, 12-11-86) tricts. Notwithstanding any other provisions of this Sec. 6.162. Purpose. chapter, the following signs are permitted in all The purpose of the coastal code is to provide districts: minimum standards for the design and construc- (1) Not more than three (3) temporary political tion of buildings and structures to reduce the signs, each sign not exceeding five (5) square harmful effects of hurricanes and other severe feet in background area, and such other storms occurring along the coastal area of the vil- temporary signs not to exceed one (1), such lags which front on the Atlantic Ocean. These sign not exceeding five (5) square feet in standards are intended to specifically address de- background area, provided all temporary sign features which affect the structural stability signs shall be removed not more than seven of the beach, dunes and topography of adjacent (7) calendar days following the respective properties. The coastal code is site specific to the event advertised by the temporary sign. coastal building zone as defined herein and is not (2) In all zoning districts of the village, traffic applicable to other locations. In the event of a or other municipal signs, legal notices, conflict between this article and other sections of danger and emergency signs are permitted. this Code, the requirements resulting in the more i (Ord. No. 19-89, § 3, 9-14-89) restrictive design shall apply. No provisions in Secs. f:-139-~-149. Rese*_wed. this article shall be construed to permit any con- *Editor's note-Ordinance No. 22-86, § 1, adopted Dec. 11, ARTICLE VI. ENERGY EFFICIENCY 1986, amended Art. VII in its entirety to read as herein set out BUILDING CODE in 6-151-6.156. Formerly, Art. VII, 6-156-6-164, rela- tive to the coastal construction code, derived from Ord. No. Sec. 6.150. Adopted by reference. 3.86, § 1, adopted March 27, 1986. Cross references-Boata, docks and waterways, Ch. 5; con- . Under the authority of F.S. section 163.296, the struction requirements for canals, etc., § 5-66 et seq.; bulk- village hereby adopts, by reference thereto, the head lines, Ch. 7; flood damage prevention, Cli. 12.5. 398 Chapter 12 FIRE PREVENTION AND PROTECTION* Art. I. In General, 12-1-12-15 Art. II. Fire Prevention Code, 12-16-12-25 Art. III. Fire Division, 12-29-12.62 Div. 1. Generally, 12-29-12-38 Div. 2. Personnel, 12-39-12-50 Div. 3. Equipment, 12-51-12-62 Div. 4. Reserved *Editor's note-On Aug. 27, 1968 the village entered into a mutual firefighting aid or protection pact with other municipalities and fire control districts located in Palm Beach County. (See Resolution No. 363.68). Cross references-Pension and other benefits for fire employees, § 2-159 et seq.; enforcement of Ch. 12 by code enforcement officer, § 2-171 et seq.; buildings and building regulations, Ch. 6; electricity, Ch. 11; housing, Ch. 15. 723 l FIRE PREVENTION AND PROTECTION § 12-30 ARTICLE I. IN GENERAL division and the person in charge shall be known as the fire official and fire chief. Secs. 12.1-12-15. Reserved. Section 105.1. Amend section 105.1 to read as follows: 105.1 Appointment. ARTICLE II. FIRE PREVENTION CODE There is hereby established a board to be called the fire prevention board of adjustments Sec. 12'•16'.. Adopted by reference. and, appeals. The board shall be appointed' by Under the authority of the Florida Statutes, the the village council. The construction board of village hereby adopts, by reference thereto, the adjustments and appeals: established by Chapter Standard Fire Prevention Code, 1988 edition, and 6 of the Village Code shall act as the fire pre- the Life Safety Code, 1988 edition,, as published vention board of adjustments and appeals. by the National Fire Protection Association,. as (Code 1970, § 16-12; Ord. No. 16-75,, § 2, 10-9-75; the fire prevention code for the village. There have Ord. No. 13-77, § 1, 7-14-77; Ord. No. 22_-80, § 2, been for at least ten (10) days past and shall be 10-9-80; Ord. No. 7-83, § 2, 8-25-83; Ord. No. 3-87, during the time that this code is in effect, three (3) § 2, 1-22-87;_ Ord. No. 6-90, § 2, 3-22-90) copies of each code and recommended amendments kept available for public use, inspection and ex- Secs. 12-18-T2-28. Reserved. amination. (Code 1970, § 6-11; Ord. No. 16-75, § 1, 10-9-'T5; Ord. No. 13-77, § 1, 7-14-77; Ord. No. 22-80, § 1, ARTICLE III. FIRE DIVISION* 10-9-80; Ord. No. 7-83, § 1, 8-25-83; Ord. No. 3-87, § 1, 1-22-87; Ord. No. 6-90, § 1, 3-22-90) DIVISION 1. GENERALLY Cross references-Building, gas, mechanical and plumbing codes adopted, § 6.17; electrical code adopted, § 11-11; housing code adopted, § 15.1. Sec. 12.29. Created; function. A division to be hereafter known as the Village Sec. 12.17. Amendments. of North Palm Beach Fire Division, the object of The following amendments and additions are which shall be the prevention and extinguish- herebymade to the Fire Prevention Code adopted went of fire and the protection of life and property by section 12-16 of this Code: within the limits of the village, is hereby created. (Code 1970, § 15-1). Section 101.3.5. Add new section 101.3.5 as fol- lows: Sec. 12.30. Composition. 101.3.5 Maintenance. All buildings or struc- (a) The division created by this article shall con- tures both existing and new, and all parts sist of a chief and such other officers as the village thereof, shall be maintained in a safe condition. council may deem necessary for the effective op- ~All devices or safeguards which are required by eration of the division. this code shall be maintained in good working order. The owner, or his designated agent, shall (b) The membership of the division other than be responsible for the maintenance of buildings the chief shall consist of such persons as may be and structures. appointed by the chief who are willing to serve on a voluntary basis, all of whom shall beable-bodied Section 101.4. Amend section 101.4 to read as follows: *Editor's note-Ori Aug. 27, 1968 the village entered into ' a mutual fire-fighting aid or protection pact with other mu- 101.4 Fire Division. nicipalitiea and fire control districts located in county (see Resolution No. 363-68). There is hereby established a division of the Cross reference-Administrative code provisions on de- public safety department to be called the fire partment of public safety, Ch. 2, Art. III, Div. 5. 725 § 12-30 NORTH PALM BEACH CODE j citizens, preferably property owners whose busi- Sec. 12.40. Special police powers. ness activities are normally within the confines of All re larl a ointed members of the divi- the general area of the village, and who have tele- ~ y pp phones in their homes. Determination of whether sion are hereby given the necessary special police candidates for appointment are able-bodied shall Powers for the purpose of enforcing the provisions be made by the chief after a medical and physical of this article. examination has been made in a manner pre- (Code 1970, § 15-21) scribed by the chief and approved by the village manager. Such voluntary members of the division Sec. 12-41. Badges. shall not be considered employees of the village. Each member of the division shall be issued a (Code 1970, § 15-2) badge designating his rank. Sec. 12.31. Motor equipment and members' (Code 1970, § 15-22) cars designated emergency vehi- ~ cles. Sec. 12-42. Car insignia. All motor equipment and all personal cars of Each member of the division driving a car shall division members shall, when responding to an be issued a suitable insignia to be attached to the alarm, be deemed emergency vehicles. car. (Code 1970, § 15-3) (Code 1970, § 15-23) Sec. 12.32. Emergency medical technician -- volunteers. Sec. 12-43. Police assistance. The membership of this unit shall consist of It is hereby made. the special duty of all village able-bodied individuals who are state-certified police who may be on duty and available for fire emergency medical technicians, state-certified duty to respond to all fire alarms and assist the paramedics or duly licensed physicians appointed division in the protecting of life and property, in by the director of public safety and who are willing regulating traffic, maintaining order, and in en- to serve on a voluntary basis. Determination as to forcing observance of all sections of this article. whether candidates for appointment are physi- (Code 1970, § 15-24) tally qualified shall be made by the director after a medical examination in a manner prescribed by Secs. 12-44-12.50. Reserved. the director and approved by the village manager. Duties shall consist of riding in the advanced life DIVISION 3. EQUIPMENT support rescue vehicle with the paramedics and assisting at emergency medical scenes and per- See. 12.51. Generally. forming such other duties as prescribed by the on-duty paramedic employee. Such voluntary The division created by this article shall be members of this unit shall not be considered em- equipped with such apparatus and other equip- ployees of the village but shall be covered by vil- ment as may be required, from time to time, to lage insurance programs while engaged in per- maintain its efficiency and properly protect life forming described duties. and property from fire. (Ord. No. 12-84, § 1, 5-10-84) (Code 1970, § 15-31) Secs. 12-33-12.38. Reserved. DIVISION 2. PERSONNEL Sec. 12-52. Acquisitio.~. Sec. 12.39. Other officers accountable to Recommendations of apparatus and equipment chief. shall be made by the chief and, after approval by the village manager and village council, shall be All other officers of the division created by this purchased in such manner as may be designated article shall be accountable to the chief. by the village council. (Code 1970, § 15-20) (Code 1970, § 15-32) 726 FIRE PREVENTION AND PROTECTION § 12-62 Sec. 12.53. Fire alarm system. Suitable arrangement or equipment shall be pro- vided for citizens to turn in an alarm, and for notifying all members of the division so that they may promptly respond. (Code 1970, § 15-33) Sec. 12.54. Housing. All equipment of the division created by this article shall be safely and conveniently housed in such places as may be provided by the village. (Code 1970, § 15-34) Sec. 12.55. Private use of equipment. No person shall use any fire apparatus or equip- ment for any private purpose, nor shall any person willfully and without proper authority take away or conceal any article used in any way by the division. (Code 1970, § 15-39) Sec. 12.56. Tampering with equipment. No person shall enter any place where fire ap- paratus is housed or handle any apparatus or equipment belonging to the division unless accom- panied by, or having the special permission of, an officer or authorized member of the division. (Code 1970, § 15-40) Secs. 12-57-12-62. Reserved. DIVISION 4. RESERVED* *Editor's note-At the discretion of the editor, Ord. No. - 9-82, 1-11, adopted June 10, 1982, codified as Ch. 2, Art. V, Div. 4, § 2-159 et seq. of this Code, has been treated as super- seding provisions formerly codified as 12-63-12-70, rela- tive to the firemen's relief and pension Fund. The deleted sec- tions derived from Code 1970, 26-36-26-43. [The next page is 777] 727 - . _ i i HEALTH AND SANITATION § 14-28 ARTICLE I. IN GENERAL Sec. 14.26. Frequency of collection. Secs. 14-1-14.15. Reserved. Commercial garbage shall be collected at least three (3) times a week, and with greater frequency and in such manner as shall be directed by the village manager. ARTICLE II. GARBAGE, TRASH AND (Code 1970, § 18-41) REFUSE* DIVISION 1. GENERALLY Sec. 14.27. Charges-Generally. All property within the village which is im- Secs. 14-16-14-22. Reserved. proved by a structure for which a certificate of occupancy is issued after February first of any DIVISION 2. GARBAGE COLLECTION AND Year and for which garbage and trash collections DISPOSAL are made by the village shall pay the following fees for collection and disposal of garbage and trash Sec. 14.23. Definition. during the remainder of that calendar year in which the eertif"icate of occupancy is issued: As used in this division, "commercial garbage" shall mean every refuse accumulation of animal, (1) One- and two-family homes, four dollars and fruit or vegetable matter that attends the prepa- twenty-three cents ($4.23) per dwelling unit ration, use, cooking and dealing in, or storage of per month, or fraction thereof. meats, fish, fowl, fruits or vegetables, and any (2) Dwellings of three (3) units or more, four other matter of any nature whatsoever which is dollars and twenty-three cents ($4.23) per subject to decay and the generation of noxious or unit per month, or fraction thereof. Where offensive gases or odors, or which, during or after a dwelling of three (3) or more units is a decay, may serve as breeding or feeding material condominium and the condominium associ- for flies or other germ-carrying insects. ation or the developer of the condominium (Code 1970, § 18-1) notifies the director of public services, gar- Cross reference-Rules of construction and definitions gen- bage and trash fees shall be billed to the eraliy, § 1-2. individual owners of condominium units. Sec. 14.24. Garbage cans-Required. (3) For commercial establishments, four dol- Garbage containers at each commercial estab- Lars and twenty-three cents ($4.23) per lishment within the village and at each multi- month, or fraction thereof. family dwelling which contains three (3) or more (Code 1970, § 18-49; Ord. No. 2-74, § 1) units shall provide dumpster-type garbage con- tainers which can be collected by village garbage Sec. 14-28. Same-Fee for excess amounts vehicles using the dumpster collection method. from commercial establishments. (Code 1970, § 18-23; Ord. No. 6-75, § 1, 6-12-75) In the event any commercial establishment has more than two (2) cubic yards of garbage at any Sec. 14-25. Same-To be kept covered. one (1) pickup, the occupant thereof shall pay one All commercial garbage cans shall be kept dollar ($1.00) per cubic yard for all garbage .col- tightly covered at all times, except when neces- .lected in excess of two (2) cubic yards. In the event sary to lift the covers for the purpose of depositing any commercial establishment has more than six garbage in the garbage can or for the purpose of (6) cubic yards of garbage picked up during any emptying such garbage into a garbage truck. one (1) week, the occupant thereof shall pay one (Code 1970, § 18-24) dollar ($1.00) per cubic yard for all garbage col- lected in excess of six (6) cubic yards per week. *Cross reference-Refuse disposal divisions, § 2-85(e). (Code 1970, § 18-48) 891 r ~I § 14-29 NORTH PALM BEACH `CODE Sec. 14.29. Same-When and where paid. tax rolls. Failure to pay the.fees when due may result in the discontinuance of the waste removal All payments required by this division shall be service and/or the placing of a lien by the village made to the village by the fifteenth of the month council in the amount of the fees due against the for which service is rendered. All deh~nquent ac- property to which service is available. counts are subject to stoppage of service without notice. If a delinquent account is not paid within (d) The collection of garbage and trash by a pri- thirty (30) days, the director of public services shall vate person, firm, or corporation hired for such cease all refuse collection for that account unless purpose is prohibited except where dumpsters of otherwise directed by the village manager. Ser- greater than two-cubic-yard. capacity are used. vice shall be resumed thereafter only upon pay- (Ord. No. 37-90, § 1, 10-25-90) ment of the accumulated fees for the period of collection and the period of noncollection unless Secs. 14-31-14-36. Reserved. the village manager specifically directs other- wise. The stoppage of service herein authorized DIVISION 3. ABANDONED, INOPERATIVE for nonpayment of collection charges shall be in AND JUNKED PROPERTY* addition to the right of the village to proceed for . the collection of such unpaid charges in a manner Sec. 14-37. Definitions. provided. by law. As used in this division, the following terms (Code 1970, § 18-53; Ord. No. 2-74, § 2) shall have the indicated meanings: Sec. 14.30. Commercial use property waste Motor vehicle includes all vehicles as defined in disposal fees and collection pro- F.S. section 320.01(1), or as elsewhere defined in cedures. the Florida Statubes, and. shall include,. in addi- tion, any vehicle which is self-propelled and de- (n) For purposes of this section, commercial use signed to travel along the ground or water and property shall include all property parcels in the shall include, but not be limited to, automobiles, village upon which a building exists with the ex- buses, motor scooters, motor bicycles, motorcy- ception of residential use property, village-owned Iles, trucks, tractors, go-carts, golf carts, campers, property and other property used for governmental trailers and motorboats. purposes. Private property means any real property within (b} Monthly disposal fees for garbage and trash the village which is privately owned and which is collected by the village department of public ser- not public property as defined in this section. vices shall be charged as herein provided, except public property means any street or highway as otherwise stated. which shall include the entire. width between the _ 0 to 3 30-gallon cans, per month . $ 26.00 boundary lines of every way publicly maintained 4 to 6 30-gallon cans, per month . 52.00 for the purposes of vehicular travel, and shall also mean any other publicly owned property or fa- 7 and more 30-gallon cans, per cility. month 117.00 (Code 1970, § 23-16; Ord. No. 7-73) Crow reference-Rules of construction and definitions gen- t-yard dumpster each, per month. 117.00 erally, § 1-2. Minimum monthly charge, per Sec. 14.38. Prohibited conditions; enumer- month 26.00 ated exceptions. (c) Waste disposal fees shall be due and pay- No•person shall park, store, leave or allow or able to the village yearly in advance on October 1 permit the storage, leaving or allowing of any of each year regardless of occupancy or use of the abandoned, wrecked, dismantled, inoperative, property charged. The fees shall be billed to the property owner of record as shown on the countiy *Crose reference-Motor vehicles and traffic, Ch. 18. 892 HOUSING § 15-2 Sec. 15-1. Housing code-Adopted by refer- and all other accessory structures shall bemain- ence. tained and kept in good repair and sound struc- Under the authority of the Florida Statutes, the tural condition. All sections of this code are ap- village hereby adopts, by reference thereto, the Plicable as determined by the building official Standard Housing Code, 1988 edition, as the subject to standard appeal as outlined in sec- housing code for the village. There have been for tion 107. at least ten (10) days last past and shall be during (Code of 1970, § 19.3-12; Ord. No. 8-75, § 1, 7-10-75; the time that this code is in effect, three (3) copies Ord. No. 14-77, § 1, 7-14-77; Ord. No. 28-80, § 1, of such code and recommended amendments kept 10-9-80; Ord. No. 21-86, § 1, 11-13-86; Ord. No. available for public use, inspection and examina- 5-90, § 2, 3-8-90) Editor snote-Chapter 45 of the 1970 Village Code ap- tion. pears as Appendix C of this Code of ordinances. (Code 1970, § 19.3-11; Ord. No. 8-75, § 1, 7-10-75; Ord. No. 14-77, § 1, 7-14-77; Ord. No. 28-80, § 1, 10-9-80; Ord. No. 8-83, § 1, 8-25-83; Ord. No. 21-86, § 1, 11-13-86; Ord. No. 5-90, § 1, 3-8-90) Cross references-Restrictions on living aboard house- boats, § 5-15; building, gas, mechanical and plumbing codes adopted, § 6-16; electrical code adopted § 11-11; fire prevention code adopted § 12-16. Sec. 15-2. Same-Amendments. The following amendments and additions are hereby made to the housing code adopted by sec- tion 15-1 0£ this code: Section 106.1. Amend section 106.1 to read as follows: 106.1 APPOINTMENT. There is hereby established a board to be called the housing board of adjustments and ap- peals. The board shall be appointed by the vil- lage council. The construction board of adjust- ments and appeals established by Chapter 6 of the village Code shall act as the housing board of adjustments and appeals. Section 107. Add the following to section 107: Appeals shall be on forms provided by the building department and shall be accompanied by a filing fee of one hundred fifty dollars ($150.00). Section 305.15. Amend section 305.15 to read as follows: 305.15 Accessory Structures. Garages, storage buildings, docks, piers, boat hoists, dolphin poles, bulkheads, swimming pools and the waters therein, screen enclosures, fences, walls, driveways, sidewalks, antennas [The next page is 997] 947 l LIBRARY § 16-22 ARTICLE I. IN GENERAL any member of the village council shall be eli- gible to be a member of the board. Sec. 16.1. Unlawful to damage property. (Code 1970, § 19.5-14) No person shall trespass, cause injury to, or de- stroy any library grounds, rooms, books or other Sec. 16-20. Service without compensation. property constituting a part of the municipal li- No member of the library board shall receive brary system of the village or violate any of the any pay or compensation for any services ren- bylaws orregulations adopted by the library board dered as a member of such board. and approved by the village council relative to (Code 1970, § 19.5-15) operation of such municipal library system. (Code 1970, § 19.5-1) Sec. 16-21. Organization. Secs. 16.2-16-15. Reserved. The members of the library board shall, imme- diately after their appointment, meet and orga- nize by electing one (1) of their members as ARTICLE II. LIBRARY BOARD chairman and such other officers as the board may deem necessary. Three (3) members of the board Sec. 16.16. Established. shall constitute a quorum. The board may make and adopt such bylaws, rules and regulations for There is hereby established a library board for their own guidance and for the government and the village. operation of any municipal library and reading (Code 1970, § 19.5-11) room in the village as they may deem expedient, subject to the approval, supervision and control of Sec. 16.17. Composition; appointment; term the village council and not inconsistent with law. of office. (Code 1970, § 19.5-16) The library board shall consist of five (5) mem- berswho shall be appointed by the village council. Sec. 16-22. Powers and duties. Two (2) members of the board initially appointed Subject to the control and direction of the vil- shall serve until the date of the first meeting of lage council, the library board shall: the village council in May, 1966. Three (3) mem- bers of the board initially appointed shall serve (1) Act in an advisory capacity (nonadminis- until the date of the first meeting of the village trative) to the village council to.assure rep- council in May, 1967. Thereafter, members shall resentation of the ideas of citizens and tax- be appointed for a term of two (2) years or until payers of the village relative to the function their successors have been appointed and quali- and operation of a municipal library and fied. reading rooms in the village, and such ad- (Code 1970, § 19.5-12) visory assistance shall include, but not be limited to, recommendations relative to con- Sec. 16-18. Vacancies. trol of expenditures of moneys collected, or donated to the credit of a municipal library In the case of vacancy on the library board by in the village, and the supervision, care and resignation, removal or otherwise, the village custody of the grounds, rooms, property and council shall fill such vacancy for the unexpired buildings constructed, leased or set aside term. for municipal library purposes. (Code 1970, § 19.5-13) (2) Make recommendations for the appoint- Sec. 16-19. Qualifications. ment of a suitable librarian and assistants and their respective rates of compensation; Members of the library board shall be residents establish regulations for the government of the village; however, neither the mayor nor and control of a municipal library as may 999 I § 16-22 NORTH PALM BEA H C CODE III be deemed necessary for its preservation and to maintain its usefulness and effi- ciency; fix and impose by general rules, pen- alties and forfeitures for failure to return any book or for violation of any bylaws or regulation of the board. , (3) Annually, in an advisory capacity, assist the village manager in preparing a budget for the maintenance and expansion of mu- nicipal library facilities. (4) Keep records, inventories and accounts, budgetary or otherwise, of all of the activ- ities of the board and the municipal library system and make annual reports to the vil- lage manager and the village council rela- tive thereto or whenever requested to do so ' by the council. (Code 1970, § 19.5-17) Sec. 16.23. Meetings. In the performance of their duties set forth in this article, the library board shall hold at least one (1) regular meeting every two (2) months. Spe- cial meetings may be called by the board chairman upon prior notification. Minutes shall be kept during all meetings. and a copy given to the vil- lage manager and the village council. (Code 1970, § 19.5-18) Sec. 16-24. Removal from office. Members of the library board may be removed by an affirmative vote of a majority of the total members of the village council. (Code 1970, § 19.5-19) _ I [The next page is lObl] 1000 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-20 ARTICLE I. IN GENERAL and set forth herein, it shall be the duty of the applicant to file an application with the licensing Secs. 17-1-17-15. Reserved. officer, such applicant to be in the form required by the village and such applicant shall be re- quired to furnish to the village such other infor- ARTICLE II. OCCUPATIONAL LICENSES* oration not contained in the application as the village manager may require. Sec. 17-16. License required; basis of one (Ord. No. 7-81, § 1, 7-23-81) year. Sec. 17-19. Issuance of license; duration; half- A tax is hereby imposed by the village upon Year license; when due and pay- each and every business, profession and occupa- able. tion having a business location or branch office All licenses shall expire on the thirtieth day of within the village, in the respective amounts set September of each year. No license shall be issued forth in section 17-33 of this Code. In addition, for more than one (1) year. For each license ob- each and every such business, profession and oc- tained between September 1 and .March 31, the cupation which directly engages in interstate tom- full tax for one (1) year shall be paid except as merce, or which competes with any business, pro- hereinafter provided. For each license obtained fession or occupation engaged in interstate between April 1 and September 1, one-half of the commerce shall be licensed pursuant to this Code full tax for one (1) year shall be paid except as in the respective amounts set forth in section otherwise provided. Ahalf--year license issued pur- 17-33. Unless otherwise stated, the amount of such suant to the provisions of this article, however, tax specified .shall be on the basis of one (1) year. shall be granted only as an initial license. Subse- (Ord. No. 7-81, § 1, 7-23-81) quent licenses must be issued on a full-year basis regardless of the date of application, except where Sec. 17-17. Registration required. a period of at least five (5) subsequent consecutive Any person who engages in any business, occu- Years without a license has elapsed in which case pation or profession within the village not re- the characteristics of an initial license will apply quired to be licensed hereunder shall be certified Provided all other provisions of this article are with the licensing officer by executing an infor- fully satisfied. Upon payment of such tax, the li- mation form provided by the village. The purpose tense shall expire at the end of the period for which of such certification is to provide the village with such license is issued as hereinabove specified. information concerning those who are doing busi- (Ord. No. 7-81, § 1, 7-23-81) ness within the village and, where appropriate, to Sec. 17.20. License renewal; delinquency assure the village that such persons are licensed penalty. countywide by the county. The fee for this certi- All licenses issued hereunder may be renewed fication shall be two dollars ($2.00). Anyone vio- without penalty no later than September 30 by lating this provision by failing to register the re- application of the license holder. Licenses not re- quired information with the licensing office shall newed by October 1 shall be considered delin- be deemed guilty of a misdemeanor of the second quent and subject to a delinquency penalty of ten degree. (10) percent of the full year license fee for the (Ord. No. 7-81, § 1, 7-23-81) month of October, plus an additional five-percent penalty for each month of delinquency thereafter Sec. 17.18. Application for license. until paid. The total delinquency penalty shall Before the village shall be required to issue a never exceed twenty-five (25) percent of the full license for engaging in or carrying on any of the Year license fee for that applicant, in addition to businesses, professions or occupations specified the license fee set forth herein. (Ord. No. 7-81, § 1, 7-23-81) *State law references-Municipal home rule powers, F.S. State law reference-Delinquency penalties, F.S. § § 166.021; local occupational license tax act, F.S. Ch. 205. 205.053. 1053 § 17-21 NORTH PALM BEACH CODE Sec. 17-21. How tax construed as to speci- rant, etc., or the number of employees, or the fled professions. number of vehicles, or any other facts not within The tax provided in section 17-33 for architects, the personal knowledge of the licensing officer, no auctioneers, auditors or accountants, dentists, license shall be issued until the applicant therefor draftsmen, civil engineers, lawyers, osteopaths, has made and filed with the licensing officer a chiropractors, chiropodists, phrenologists, physi- declaration setting forth the amount of stock in clans or surgeons, real estate salesmen, or other trade, the number of sleeping rooms, the amount similar professions, shall be construed to mean of invested capital, the number of seats or spaces, that each individual shall pay the tax herein pro- the number of employees, the number of vehicles, vided, whether practicing by himself or in part- or other facts upon which the amount of such li- nership or employed by another. cense depends, which, to the best of the appli- (Ord. No. 7-81, § 1, 7-23-81) cant's knowledge and belief, is true, correct and complete. Sec. 17-22. Special permit for nonprofit en- (Ord. No. 7-81, § 1, 7-23-81) terprise. Sec. 17-24. Transfer of license to new owner. 1 The licensing officer shall issue special permits, without payment of any license fees or other Business licenses granted or issued under the charges therefor, to any person or organization provisions of this article maybe transferred with for the conduct or operation of a nonprofit enter- the approval and written authorization of the li- prise, either regularly or temporarily, when he tensing officer endorsed thereon, with the busi- finds that the applicant operates without private Hess for which they were taken out when there is profit, for a public, charitable, educational, lit- a bona fide sale and transfer of the property used erary, fraternal or religious purpose. and employed in the business, but such trans- ferredlicense shall not be held good for any Longer t (1) Application for special permit. An appli- time or any other place than that for which it was cant for a special permit shall submit an originally issued; provided, that the original li- applicationtherefor to the licensing officer, cense shall be surrendered and filed with the li- upon forms prescribed by the officer, and tensing officer at the time application for transfer shall furnish such additional information is made, and such transferred license after being and make such affidavits as the licensing approved shall be of the same force and effect as officer shall require. the original license. At the time any such license (2) Special permittees must conform. A person is transferred, the person applying for such . operating under a special permit shall op- transfer shall pay to the licensing officer a transfer erate his nonprofit enterprise in compli- fee of three dollars {$3.00). ante with this section and all other rules (Ord. No. 7-81, § 1, ?-23-81) and regulations. State law reference-Transfer to new owner, F.S. § (Ord. No. 7.81, § 1, 7.23-81) zo5.o43(z). State law reference-Exemption for charitable, etc., activ- ities, F.S. § 206.192. Sec. 17-25. Transfer of license to new loca- tion. Sec. 17.23. Declaration where fee depends on Business licenses may also be transferred from variable factors within appli- ,,,,,,,,,;S~„ t^ ~ „~*.o y uri+>, +h annr ~ 1 ar,rl cant's knowledge. LVI.a.Vl`111 L'..... ' r' ...,,...,..e ...j„i., o . a_ written authorization of the licensing officer endorsed Whenever the amount of the license applied for thereon, provided no change of ownership has oc- depends upon the amount of stock in trade carried curred or is in process and the license classifi.ca- by the applicant, or the number of sleeping rooms tion in which the license was originally issued in a hotel, motel, apartment or rooming house, remains unaffected, but such transferred license. etc., or the amount of capital invested in the busi- shall not be held good for any longer time or any Hess, or the number of seats or spaces in a restau- other place than that for which it was originally 1054 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS. § 17.31 issued; provided that the original license shall be Sec. 17-29. Compliance by principal deemed surrendered to and filed with the licensing officer compliance by agent; noncompli- at the time application for transfer is made, and ante of principal. such transferred license after being approved shall Where the principal, master or employer has be of the same force and effect as the original complied with the provisions of this article, it shall license. At the time any such license is trans- be unnecessary for his agent, servant or employee ferred, the person applying for such transfer shall to comply herewith, unless otherwise expressly pay to the licensing officer a fee in the amount of provided for herein; provided, however, that in three dollars ($3.00). the event such principal, master or employer shall (Ord. No. 7-81, § 1, 7-23-81) not. have complied with this article, each of his State law reference-Transfer to new -location, F.S. § 2os.o4a(s). agents;. servants or employees. shall.be subject to prosecution, and, upon conviction, to fine or im- prisonment.- to. the same extent as his principal, Sec. 17-26, License to be posted or carried. master. or employer.. All licenses granted: hereunddr shall be posted (Ord: IVo. 7-81, § 1, 7-23-81) i1 a conspicuous place on the premises where the licensed business is being conducted, either sta- tionary or mobile or in case of solicitors and can- Sec. 17-30. Suspension or revocation of li- vassers, said license must be carried upon their tense; refund of fee. person. Any license hereafter issued by the village may (Ord. No. 7-81, § 1, 7-23-81) be temporarily suspended or absolutely revoked or cancelled by a majority vote of the village Sec. 17-27. Duplicate licenses. council, when such council shall have ascertained and determined, in the exercise of its sound dis- The licensing officer shall make a charge of one cretion, that such action will promote the public dollar ($1.00) for each duplicate license issued to peace, health, safety, welfare, harmony or good replace any license issued under the provisions of order of the neighborhood in which the licensee's this article which has been lost, stolen, defaced or place of business is located; provided, however, destroyed, without any willful conduct on the part that in the case of the revocation and cancellation of the licensee, upon the filing by the licensee of a of such license,.the village refund to such licensee statement attesting to such fact. the pro rata unearned or unused portion of his (Ord. No. 7-81, § 1, 7-23-81) license, provided, further, that no refund shall be made where the license is temporarily suspended. Sec. 17.28. Doing business not covered by li- (Ord. No. 7-81, § 1, 7-23-81) tense; license obtained by false statements void ab initio. Sec. 17.31. License tax exemptions. No license issued under the provisions of this (a) All persons entitled to license tax exemp- article shall protect any person from prosecution tions by law in connection with state and county for transacting any business, trade or profession licenses shall be entitled to exemption under this not covered by such license, nor shall it protect any merchant doing business with a greater stock article. in trade than covered by such license, or any hotel (b) Any person entitled to an exemption pro- keeper or rooming house keeper having a greater vided by this section shall, upon application and number of rooms than is covered by such license. furnishing of the necessary proof, execute an af- Anylicense issued upon any false statement made fidavit supporting his right to exemption, and be under oath shall be considered as void ab initio issued a license which shall have plainly stamped and shall not protect the holder thereof from pros- or written across the face thereon the reason for ecution for transacting business without a license. exemption. (Ord. No. 7-81, § 1, 7-23-81) (Ord. No. 7-81, § 1, 7-23-81) 1055 § 17-32 NORTH PALM BEACH CODE Sec. 17.32. Engaging in business without li- thercto any advertising cense or under license issued on matter, posters, pictures, cards false statements. or other advertising matter, It shall be unlawful for any person to engage in advertising any articles or any business, profession or occupation required to business other than the busi- be licensed hereunder without a license or under ness of the owner and. oper- a license issued upon false statements made by ~ ator of such vehicles, and for such person, or in his behalf. Any person engaged which the owner or operator in any such business, profession or occupation of such vehicle will charge a without first obtaining a license, if required fee, shall pay an annual fee of herein, shall pay a penalty of twenty-five (25) per- $100, plus $0.04 per square cent of the full year license fee for such trade, in foot of surface panel. addition to the license fee set forth herein. Advice bureau (no securities or com- In any original prosecution under this section, modities bought or sold) 150.00 the fact that such person is open for business, shall Alleys, bowling, boxball or ten pin: be prima facie evidence of engaging in such trade, business, profession or occupation, and the burden 1-5 alleys 100.00 shall be upon the defendant to rebut the same. Each additional alley............ 20.00 (Ord. No. 7-81, § 1, 7-23-81) Alterations, clothing 30.00 Sec. 17.33. License tax schedule. Ambulance service 150.00 ~ Amusement machines (see vending 1 The amount which shall be paid by the several machines) firms, persons or associations engaging in or man- County Code reference-County licensing aging businesses, professions or occupations for of amusement machines, § 31/2-23. which a license is required is hereby fixed as fol- lows: Amusement, general, any person op- erating for profit, any game, con- Abstract, title or security company (no test, exhibition, parade, amuse- title insurance) $ 150.00 ment or recreation dance, Accountant or bookkeeper (not CPA). 70.00 contrivance or facility not other- wise specifically provided for Accounts and claims collecting (see herein 150.00 collection agency) Animal and/or dog grooming service 70.00 Adding machines, calculators, cash registers, etc. (see merchant) Animal hospitals (not required if li- censed veterinarian uses) 150.00 Addressing, mailing or duplicating business 70.00 Answering service, telephone....... 70.00 Adjustors insurance (see insurance) Appraisers, everything except real es- tate 100.00 Advertising: Archery, range: (i) Ageiic;,y 150.00 100.00 1-5 lanes . (2) On motor vehicles. Every person operating motor buses, Each additional lane 20.00 motortrucks, automobiles or Astrologist 100.00 other vehicles over and upon the streets of the Village Athletic club (tennis, health spa, which shall have attached figure salon) 150.00 1056 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-33 Attorneys-at-law and lawyers (see pro- Bond brokers or dealers 300.00 fessional) County Code reference-County licensing of dealers in intangible personal property, § Auctions and auctioneers: 31/2-52. (1) Auctioneers, each 100.00 Bondsman, professional 100.00 (2) Auctions 100.00 Book and/or magazine agent (see sub- scription agents) Automobile cleaning and polishing cars 70.00 Bookkeeper (see accountant) Automobiles for hire, taxi, etc.: Booking agency, for entertainment, music, shows, orchestras. , 150.00 Each vehicle 50.00 Bookkeeping/income tax service 70.00 Each place of business or stand 70.00 Boom equipment operator 70.00 Automobiles for rent (see U-Drive-It) Boot and shoe repairing 20.00 Awning (see factory licenses) Bootblack stand 20.00 Bakery (see merchant) Bottling works or wholesale distrib- Banks, state or national 225.00 utor of soft drinks (see factory Barbershop, including one mani- schedule) curist 70.00 Bowling (see alley) Bath, Turkish, Russian, Swedish, or Broadcasting wire music, not radio vapor, including massage 70.00 station 150.00 Beauty parlor, manicurist, face mss- .Brokers: saging and hair dressing 70.00 (1) In options and futures (stocks Bicycles, rental 20.00 and commodities) 625.00 Bicycle Rink (see skating rink) (2) Merchandise, lumber and Billiards, pool, ping pong or bags- other goods (see manufactur- er sagent and/or broker) telle tables: - (3) Yacht 150.00 1-5 tables 100.00 Each additional table 20.00 (4) Mortgage or loan, not actually lending money 100.00 Blueprinting, including maps and County Code references-County li- plats 150.00 tensing of dealers in intangible personal prop- erty, § 31/2-52; in intangible personal prop- Boat storing, per space 2.00 erty, § 31/2-3. Boats, motors, trailers 100.00 Building and loan associations 150.00 Boats: Building inspection service.......... 70.00 (1) For hire, canoes, .row boats, Bulldozers, operating . 70.00 each 20.00 Butcher shops, alone 70.00 - (2) Motorboats, for hire, each 20.00 Cabinet shops (see factory) Boats, ferries and sightseeing coaches 150.00 Cable television service 375.00 Boatyard, repair, building 140.00 Calculating machines (see merchant) 1057 I § 17.33 NORTH PALM BEACH CODE Candy or peanut vending machines ~ (4) 16-20 employees 375.00 (see vending machines) (5) Over 20 employees 435.00 Canoes for hire (see boats) ~ County Code references=County li- _ tensing of contractors, § 31~/z-29; countywide Carpenter shop (see factory) licensing of contractors, § 7-31 et seq. Cash register (see merchant) Conservatory of music ~ 150.00 Caskets and coffins, sale -(see mer- Cool drinks, vending machines, each chant) machine (see vending machines) Caterer 70.00 Crane service 70.00 Child care facility (as defined by 1989 Credit bureau, information on per- Florida Statutes section 402.302(4)) 1:5.00 sons........ 150.00 Chiropodist and chiropractors (see Dance halls, variety exhibitions, etc. 185.00 professional) Dancing, other than dance halls, is- Christmas trees, peddling or stand, ~ sued in connection with other busi- for afew weeks 50.00 ness, not to exceed 15 couples.... 50.00 ' County Code reference-County licensing Cigar manufacturer (see factory) of dance halls, variety exhibitions, §$1'/z-30. Cigars and tobacco, retail ~ Delicatessen: (1) Alone '70.00 (1) Not serving................. 70.00 (2) In connection with other busi- (2) Serving (see restaurant. ness ~ 20.00 Dental laboratory (see professional li- Clairvoyants 1,250.00 tenses) Cleaning and pressing . ~ 100.00 Dentist (see professional licenses) Cleaning, pressing and laundry Detectives and detective agencies (see. i pickup station.:- 20.00 professional licenses)'' Clipping bureau 70.00 Discount corporations 225.00 Coin-dealer (see old coins) ,Display room (no stock sold) 70.00 Collection agency 70.00 .Doughnut machine (not in bakery) . 70.00 Commercial freight and.passeizger Dry cleaning and pressing (see _ agency . 150.00 cleaning and pressing) Community residential home (as de- . ` . Electric light and power companies, fined by Chapter 419, Florida Stat- franchise 500.00 utes) 125.00 -.. Electrolysis: Contractors, all contractor"s and sub- ~ ~ ' ~c~ntract~rs as defined by the ,- Health inspection operator....... 100,00 _ county licensing board, whether re- Each additional operator 30.00 `siding in village or not, employing: Employment agencies 150.00 (1) 1-6 employees, including self 150.00 Express companies 300.00 (2) 7-10 employees 185.00 Exterminators (if structure is broken (3) 11-15 employees 300.00 ~ building inspector approval) 70.00 1058 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-33 Factory or manufacturing, factory Gasoline, kerosene and lubricating... permitted to manufacture and sell oil, retail dealer (service station): the product manufactured (employ- ees counted are engaged in the ' 1-4 pumps 70.00 manufacturing process and not in Each additional pump 17.50 auxiliary or separate parts of the - business), does not include manu- Tire repairing,: washing and facture of alcoholic beverages: greasing automobiles -per= mitted without extra charge. 1 or 2 persons . 30.00 - Glaziers and glazing windows, no 3 or 4 persons 50.00 stock carried (see factory) - 5 or 6 persons 80.00 Gold, silverplating and nickel plating 7 to 10 persons 150.00 (see factory) ~ - 11 to 20 persons 185.00 Golf club .225.00 More than 20 300.00 Driving range or practice courses, each X00.00 Family day care home (as defined by 1989 Florida Statutes section Guns (see firearms) 402.302(5)) 22.00 Gymnasium ~ - 150.00 Ferry boats (see boats for hire, ac- Gypsies, traveling, wandering`or~rio-' cording to passengers) - madic people in bands or troops, Film developing, photo finishing 70.00 engaging in trading horses, ped- dling, trading, fortiznetelling, or Firearms, connected or not with other - other occupations, each band 'or business 200.00 troop........ 1,250.00 Florist - 70.00 Hawkers or street vendors of propr-i- etary or patent medicines or other , Flower stand, selling flowers only, in preparations represented to have an established place of business or possess medical virtues - 435.00 alone, or within a grocery store or similar place of business......... 30.00 Hospital, animal (see animal) Fortunetellers (see palmist) Hospitals, private or institutions of like character operated for profit . 150.00 Fruit juice stand, alone 20.00 Hotels, motels, boardinghouses, Fruit shippers 70.00 rooming houses and apartments: Fruits, vegetables or produce, ..stand 1-5 sleeping rooms, rental 10.00 not connected with other business, retail (no shipping) 30.00 Each additional sleeping room, rental 2.00 Funeral chapel (no embalming)..... 150.00 If meals are served, a restaurant Plus additional. for ambulance 150.00 license must be taken in addition - Gas companies, illuminating and' to the above. Exemptions provided cooking under franchise 500.00 by law are granted only in accor- dance with those allowed by -the Gasoline, bulk, naphtha or kerosene Florida Hotel and Restaurant Com- and lubricating oils, wholesale 125.00 .mission. This classification in- 1059 § Ifi-33 NORTH PALM BEACH CODE:' eludes hotel, apartment hotel, (3) Company 100.00 motel, apartment motel, resort or The occupational license for beach motel, apartment, rooming insurance companies to do house, guest house, cabin, board- business in the village shall inghouse, and/or any place kept, used and maintained, advertised as be based on the rate of $100.00 or held out to -the public to be a per agency or per branch of- , place where sleeping or living... ac- fice. commodations are supplied for pay (4) Salesman 20.00 to transient or permanent 'guests County Code reference-County licensing or tenants. Sleeping rooms used by of insurance adjusters, § 31~/z-35. the owner of such establishments Import/export service (no merchan- as a permanent year-round resi- dise sold) 70.00 dente are not counted in fixing the license fee. This exemption does Interior decorator 100.00 not apply to sleeping rooms used Iron works (see factory) by relatives of the owner, or by managers or other employees of the Janitorial orgeneral cleaning service, owner, nor to sleeping rooms occu- I.D. registration required of each pied by the owner part-time and person, each vehicle 70.00 rented part-time. Sleeping rooms Jellies and preserves (see factory) occupied by the owner and his family (persons dependent upon Job printing (see factory licenses) the owner, blood-related to a close degree constituting a family unit Kennel, dog, animals 150.00 { generally subject to parental and Knit shop, (see merchant) family control) are not limited, and more than one (1) unit may be oc- Laboratory, dental, chemical, x-ray, cupied. Occupation by adult chil- optical, etc 150.00 dren of the owner and' their fami- Land development management of- lies, by inlaws or relatives of Tice • • • • • • • • • . • • • • • • , 150.00 distant degree does not qualify for exemption. Laundries, steam, electrical or hand: County Code reference-County license 1 or 2 ersons 30.00 for hotels,§31~la-24. P 3 or 4 persons 50.00 Hypnotist, (orie who practices hypno- therapy), each 70.00 5 or 6 persons 80.00 Ice cream parlor or stands, alone 7 to 10 persons 150.00 (where merchant or restaurant li- 11 to 20 persons 185.00 tense paid, none) 70.00 20 or more 300.00 Income tax service (see bookkeeping -Lawn maintenance, permits yard and service) lawn maintenance including cut- Insurance: ting, trimming, anil care of grass and shrubs, ordinary and inci- (1) Adjustors (independent of li- dental transplants of shrubs and tensed insurance companies) . 30.00 plants, and noripower fertilization, extermination or insect eradi- (2) Agent or broker 100.00 eating. I.D. registration required 1060 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-33 for each operator. Requires Braziers and welders $2,000.00 surety bond when li- censed for tree trimming 70.00 Electric appliance Loan companies, small or personal . 225.00 Furniture refinishers and repairs, Loan, finance and mortgage compa- upholstering nies, each 225.00 Glaziers Locksmith 20.00 ~ Gunsmith Machine and repair shop, license. The following machine and repair Jewelry repairing shops are required to cover the op- Locksmith erating of the different lines of business by taking out amachine -Radio and T.V. repair and repair license; machine and re- pair shop, not licensed as an auto- Repair shops, not otherwise speci- mobile agency, or under any item fied in this section. (Permitted to carry Stove repairing stock in parts necessary and to be used only in making repairs in the Typewriter repair shop shop hereby licensed. If any por- tion of stock is sold in any other Manicurist, alone, not in barbershop manner, a merchant's license is re- or beauty parlor 20.00 quired.) Employing, including Marble boards (see vending ma- owner and operators: chines) (1) Not exceeding 2 persons 30.00 Meat market (see butcher shops) (2) Not exceeding 4 persons 50.00 Merchant, retail, when average value (3) Not exceeding 6 persons 80.00 of stock in goods carried is as fol- (4) More than 6 and not exceeding lows: 10 persons 150:00 Not exceeding $1,000.00.. 30.00 (5) More than 10 and not ex- Each additional $1,000.00 or frac- ceeding 20 persons 185.00 tion thereof 8.00 (6) More than 20 persons 300.00 Where retail merchant also car- [Examples:] ries on repair work, additional li- cense isrequired for this work. (See Auto machine shop repair shop) Auto painting Merchant police or protection service: Auto radiator and repairing 1 operator 70.00 Auto tire and tube repairing Each additional patrolman or Auto top and upholstering agent 20.00 Auto tune-up Microfilming 70.00 Bicycle repair Modeling school 100.00 Boat and marine repair Motorbike rink (see skating rink) 1061 § T,7-33 NORTH PALM BEACH CODE Moving picture s'lzow or theater, 'in- Phreno"Zog'ist, no:fees but accepts-eon- door -or drive=in 225.00 tributions , 1,875.00 (1) Plus,, ;per .seat for indoor the- Phrenologist, fee charged 1,250:00 titers...... 0.40 physicians and surgeons, each (see (2) Plus, per space for drive-ins.. 0.40 professional licenses) County Code-reference-County licensing of motion picture shows, § 31-41. Piano tuners _ . . 20.00 Music playing machines :(see vending Pinball machines {see vending ma- machine) chines) Music, furnished by lease wire, oper- Ping pong .tables (see billiards) ator or dealer 150.00 Poolroom (see billiards)' Newsstand, xetal 20.00 potato chip manufacturer {see fac- Nightclubs 185100 `tort' licenses) Nurseny.man 70.00 Pou'~try, retail 70.00 Old .coins and stamp dealer,, addi- Professional licenses, professional tianalilicense,requ:iredfor: o~licita_ practitioners such as, but. not lim- tion ...................-.................... 150.00 ited to the following, are classed - as professional and each person en- Optiean, {di~pensrng_grindirFg=far'li- gaged in the practice- of any pro- eensed :doctors 50.00 fession shall take out a professional license as follows 100:00 Optometrist. (see professional li- censes) Attorney-at-law Palmist, fortuneteller, or the like, in Accountant- and auditor, certified all cases where fees charged, or col- by state lections taken, or thing of value received 1,000.00 Architect - Palmist, fortuneteller, or the like, in Architect, landscape all eases where fees are not Artist, including retoucher, charged but contributions are ac- sketcher, cartoonist, crayon cepted 1,875.00 ferrotyper, silhouettist, etc.. Parking space: Business administrator or office (1) 1-25 cars 20.00 otherwise unclassified (2) 26-50 cars 30.00 Cartoonist (3) 51-100 cars 60.00 Chemist, analytical (4) 101 or more cars 100.00 Chiropodist Pet shops 70.00 Chiropractor Photo engraver (see professional li- Civil, consulting or drafting engi- censes) neera Photo service aerial 70.00 Clinical laboratory Photographer 50.00 Court reporter 1062 LICENSES .AND MISCELLANEOUS BUSINESS REGULATIONS § 17-33 Crayon artist Public address system, rental or sales Dentist ~ and installation 70.00 ' Radio broadcasting station......... 375.00 Detective, including civil, commer- cial, corporation, criminal, in- Radio and TV repair shop (same as dustrial, insurance, railroad machine shop license) and other similar investiga- Real estate: tors ' ~roken~„each 10.0.00 Dancing teachers , - (2) SaIe~men;. each- 2,0.00 Engineers,. consulting„ a11. and sur- veyors (3) Appraisers 100.00 Engravers, photo. Rental service establishment and/or agency 70.00 Healers, magnetic Merchants license required if mer- Homeopathic ordrugless physician chandise is sold. Covers rental of: Lawyers ~ cabanas, chairs, cranesand/or con- struction equipment, formals, wed- Music teachers. ding attire:and linens, office equip- ment, sickroom and surgical Naprapaths or naturopath , supplies, moving equipment, Optician, oculist (no lens grinding) doctor, nurse, waiter and waitress 0 tometrist uniforms, coveralls, baby furni- p ture, paint sprayers, tables., well Osteopathic physician ~ equipment, appliances, vacuums, lawnmowers, etc. Physician, drugless or homeo- Repair shop (see machine and repair) pathic Physician, medical doctor ~or sur- Restaurant or lunch stands, per seat or standing space 2.00 geon County Code reference-County licensing Podiatrist ~ of eating establishments, § 31i/z-28. Psychologist Rooming houses .(see hotels) CountyCodereferente-County licensing Psychiatrist of schools, § 31~/z-49. Sketching artists School, auto driving.. , , , 100.00 Schools, -private 70.00 Tex expert - Secretarial service, including mimeo- ' -Tax consultants ~ graph, multigraph, addressing and Veterinarian duplicating=services; public stenog- rapher incidental 20.00 General professional or bordering on professional not specifically Securities, investment, consultant, no named herein. buying or selling 150.00 - County Code reference-Countylicensing Self-service kzuitdry: of professions, § 31/2.46. - Psychologist (see professional l- 1-20 washers/dryers _ 100.00 tenses) Each additional washer/dryer -.. .5.00 1063 i I § 17-33 NORTH PALM BEACH CODE Service from truck, includes any busi- Poultry (brought in on trucks and ness using vehicles to perform ser- not sold from established place vices in homes and business houses of business) and not otherwise specifically clas- sified in the license schedule (each Water, bottled vehicle shall require separate li- Water softener service tense), each vehicle 50.00 Sign painters, individual, firm or cor- Examples: ~ poration painting signs, only..... 70.00 Animal grooming Skating rink, bicycle or motorbike.. 185.00 Bakery, retail route Soaps, starches, detergents, bleaches: Bottled gas dealer 1=4 machines 20.00 Cleaning, pressing, laundry and Each additional machine 5.00 rug cleaning Solarium 150.00 Dairy, retail route Solicitors and/or canvassers 150.00 Diaper service A solicitor or canvasser shall mean any individual, whether a resident Fire extinguisher service of the village or not,- who, trav- Fruit, vegetables or produce, re- eling either by foot, motor vehicle tail ~ or other type of conveyance, from place to place, house-to-house or Grass or sod dealers street to street or through the use Grease salvage collection of the telephone, is taking or at- tempting totake orders for the sale Home repair of goods or other property for fu- ture delivery, or for services to be Janitor service furnished or performed in the fu- Junk gatherer ture, whether or not such indi- vidual has, carries or exposes for Knife, scissors and tool sharpener sale a sample of the subject sales • or not. Linen, towel and uniform rental service Individual solicitor or canvasser: Lunches or wrapped sandwiches Per year 300.00 Merchant, rolling grocery Per month 100.00 No license shall be required for so- Motor precision service to garages licitors or canvassers who solicit (portable) or canvass exclusively fora non- pr.,~.~ Nursery, shrubs, trees or plants or charitable ^.,a~~se. sold from truck Applicants for a license under this Oil tank delivery wagon or truck, section shall file with the licensing retail delivery of oil, kerosene officer an application upon the or gasoline form prescribed by the licensing of- ficer, which shall include the fol- Paper, waste lowing information: 1064 I LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-33 (1) Name and address of appli- Telephone solicitation: cant. Each place of business........... 150.00 (2) Purpose of activity of appli- Each solicitor 30.00 cant. (3) Method and dates of solicita- Television broadcasting, cable televi- sion 3 75.00 tion. Ten pin alley, box ball, bowling alley (4) If applicant is incorporated, ~ or other similar game, not in- the names and addresses of of- chiding those belonging to hotels ficers, directors and resident or clubs for use of members and agent. guests only (see alleys) (5) Name of local agent or repre- Trade inducement company (redemp- sentative. tion store extra) . 450.00 (6) A photograph of the applicant Trading stamp or couponredemption taken within 60 days immedi- and/or display room 300.00 ately prior to the date of filing of the application, the. photo- Trailer rental 70.00 graph being 2 inches by 2 Trailer sales (new and used) 150.00 inches showing the head and shoulders of the applicant in a Tree trimming, $2,000.00 surety bond clear and distinguishing and I.D. registration required.... 150.00 manner. U-Driue-It car: (7) Fingerprints of applicant. (1) Each place of business....... 70.00 Spiritualist, crystal gazer, character (2) Each car 50.00 reading, palmist, fortuneteller (see palmist) Undertaker or funeral parlor....... 225.00 ' Stamp dealer (see old coins) Plus ambulance services......... 150.00 Stenographers, public 20.00 Vending or other machines, coin- operated. For amusement trade or Subscription agency. I.D. registration service purposes not herein specif- required for each solicitor, each so- ically classified, a tax shall be paid licitor: as -shall be determined from time 10 days or less 20.00 to time by the licensing officer on a basis comparative with other 10-30 days 60.00 coin-operated or vending machines. Swimming pool, admission charged. 150.00 The chief of police and other of- ficers ofthe municipality shall con- Taxi (see auto for hire) fiscate any and all machines as herein defined upon which licenses Taxidermist 100.00 have not been paid or which are Telegraph companies 435.00 used and operated in violation of County Code reference-County licensing any provision Of this Code, Or Of of telegraph systems, § 31~/z-5o. the laws of the state. These classi- Telephone company, franchise...... 50.00 fications cover every person County Code reference-County licensing selling, leasing, reritirig, distrib- of telephone systems, § 31~/z-51. utirig, operating or placing for op- 1065 § 17-33 NORTH PALM BEACH CODE f eration any machine as described (4) Vending machines, vending below: merchandise of any kind ex- cept hereinafter provided, op- (1) Amusement machines: erator 50.00 a. Each operator ~ 225.00. In addition thereto, for each b. In addition thereto for machine as follows: each machine........... 25.00 a. Requiring deposit of $0.01 (2) Music machines: only.. 2.00 b. Requiring deposit of $0.05 a. Operator 50.00 only........:........... 5.00 b. In addition thereto, each c. Requiring deposit of over machine 25.00 $0.05................... 10.00 (3) Service machines (other than Combination machines vending machines): take highest rate in the combination. a. Operator 50:00 b. In addition thereto for The following coin-operated ma- each machine as follows: chines are and -shall be exempt from license hereunder: 1. Air conditioning 20.00 = 2. -Auto wash: (5) Cigarette vending machines " (Florida Statutes,. section Machines, $0.25 and 210.03) over 20.00 (6) Federal postage stamp ma- chines Machines under " $0.25 10.00 (7) Parcel checking lockers ' 3. Laundry , coin - (8) Unadulterated Florida pro- - operated and/or auto- duced citrus juice vending ma- matic. (See self- chines service laundry) Furthermore, no license shall be 4. Mechanical rides, all required for coin-operated ma- kinds , - -20.00 chines where the vending ma- y. Picture, showing still chines are owned and operated by or motion. -....'.....". 20:00 charitable or benevolent nonprofit 6. Photographing, pho- `organizations and where the en- ~ tocopying, lami- ~ tire proceeds of such machines are nating 20.00 used solely for recognized chari- . 7. Radios 20.00 table or benevolent purposes. 8. Record transcription and / o r voice r e - ~ For the purpose of this section, - cordin . ` 20.00 amusement coin-operated devices g............ 9. Reducin ,slender= " ~ are defined and classified as fol- g izing, etc......:...:: 20.00 lows: Any game, machine, contriv- 10. Tape recording...:.. 20.00 ante or device, or any amusement 11. ° Television r:.::.. 20.00 or recreational device, contrivance 12. Typewriter or other or facility, which is set in motion office machine 20.00 or made or permitted to function 13. Weighing........... 2:00 by the insertion of a coin or slug 1066 LICENSES AND .MISCELLANEOUS BUSINESS REGULATIONS § 17-34.3 and which does not disburse any whose regulation has not been preempted by the prize or reward and which has no state or county and to protect the general welfare, feature of gambling, and which safety and public health .and morals of the resi- game, machine, contrivance or de- dents of the village. Unless otherwise stated, the vice or the use or operation thereof amount of such regulatory fee specified shall be does not conflict with, nor is con- on the basis of one (1) year. trary to, and is not prohibited by, (Ord. No. 7-81, § 1, 7-23-81) the laws of the State of Florida. Water company, franchised 500.00 Sec. 17-34.1. Registration required. Water companies selling bottled water 35.00 Any person who engages in any business, occu- pation or profession within the village not re- Well drillers 70.00 quired to obtain a certificate of regulation as County Code reference-Regulation of herein provided such as general contractors and well drilling, § 12-73 et seq. subcontractors, shall be certified with the licensing Wrecker service, auto, each wrecker. 150.00 officer of the village by executing an information (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 7-90, § 1, form provided by the village. The purpose of such 4-12-90; Ord. No. 18-90, § 1, 6-28-90) certification is to provide the village with infor- mation concerning those who are doing business Sec. 17-33.1. Maridng of commercial vehicles. within the village and, where appropriate, to as- (a) It shall be the duty of every person doing sure the village that such persons are licensed business within the village, to have each and every countywide by the county. The fee for this certi- truck or other vehicle used on a job within the fication shall be two dollars ($2.00). Anyone vio- villagepaintedwith or otherwise display the name lating this provision by failing to register the re- ofthe person owning same, together with the busi- quired information with the licensing officer shall ness address, and the telephone number of the be deemed guilty of a misdemeanor of the second place of business. degree. (Ord. No. 7-81, § 1, 7-23-81) (b) Each such vehicle shall be lettered either on the door or on the body in such a manner as to be Sec. 17-34.2. Application for certificate of legible. regulation. (Ord. No. 7-81, § 1, 7-23-81) Before the village shall be required to issue a certificate of regulation for engaging in or car- ARTICLE_III. BUSINESSES LOCATED tying on any of the businesses, professions or oc- OUTSIDE VILLAGE LIMITS cupations specified and set forth herein, it shall be the duty of the applicant to file an application Sec. 17-34. Certificate of business regulation with the licensing officer, such application to be required; basis of one year. in the form required by the village and such ap- plicant shall be required to furnish to the licensing Pursuant to section 166.221, Florida Statutes, a officer such other information not contained in regulatory fee is hereby imposed by the village in the application as the village manager may re- the respective amounts set forth in section 17-33 quire. of the Code, for the regulation of any business, (Ord. No. 7-81, § 1, 7-23-81) profession and occupation carried on within the municipal boundaries of the village when such Sec. 17.34.3. Issuance of certificate of regu- business, profession and occupation does not have lation; duration; half-year certif- a place of business within the village. This regu- icate; when due and payable. lation is instituted and is related to consumer pro- tectionafforded the citizens of the village and such All certificates of regulation shall expire on the classes of business, profession and occupation thirtieth day of September of each year. No cer- 1067 ~ § 17-34.3 NORTH PALM BEACH CODE tificate shall be issued for more than one (1) year. private profit, for a public, charitable, educational, For each certificate obtained between September literary, fraternal or religious purpose. 1 and March 31, the full fee for one (1) year shall be paid, except as hereinafter provided. For each (1) Application for special permit. An appli- certificate obtained between April 1 and Sep- cant for a special permit shall submit an tember 1, one-half of the full fee for one (1) year application therefor to the licensing officer, shall be paid, except as otherwise provided. Ahalf- upon forms prescribed by the officer, and year certificate issued pursuant to the provisions shall furnish such additional information of this article, however, shall be granted only as and make such affidavit as the licensing an initial certificate. Subsequent certificates must officer shall require. be issued on a full-year basis, regardless of the (2) Special permittees must conform. A person date of application, except where a period of at operating under a special permit shall op- leastfive (5) subsequent consecutive years without erate his nonprofit enterprise in compli- a certificate has elapsed in which case the char- ance with this section and all other rules acteristics of an initial certificate will apply, pro- and regulations. vided all other provisions of this article are fully (Ord. No. 7-81, § 1, 7-23-81) satisfied. Upon payment of such fee, the licensing officer shall issue to the person paying the same, Sec. 17-34.6. Duplicate certificates of regula- areceipt for the certificate of regulation signed by tion. such licensing officer, which receipt or certificate The licensing officer shall make a charge of one shall expire at the end of the period for which dollar ($1.00) for each duplicate certificate of reg- such certificate is issued as hereinabove specified. ulation issued to replace any certificate issued (Ord. No. 7-81, § 1, 7-23-81) under the provisions of this article which has been lost, stolen, defaced or destroyed, without any Sec. 17.34.4. Certificate of regulation re- willful conduct on the part of the certificate holder, newel; delinquency penalty. upon the filing by the certificate holder of a state- ment attesting to such fact. All certificates of regulation issued hereunder (Ord. No. 7-81, § 1, 7-23-81) may be renewed without penalty no later than September 30 upon application of the certificate Sec. 17-34.7. Doing business not covered by holder. Certificates not renewed by October 1 shall certificate of regulation; certifi- be considered delinquent and subject to a delin- sate obtained by false state- quent penalty of ten (10) percent of the full year menu void ab initio. certificate fee for the month of October, plus an additional five-percent penalty for each month of No certificate of regulation issued under the pro- delinquencythereafter until paid. The total delin- visions of this article shall protect any person from quency penalty shall never exceed twenty-five (25) prosecution for transacting any business, trade or percent of the full year certificate fee for that ap- profession not covered by such certificate. Any cer- plicant. tificate issued upon any false statement made (Ord. No. 7-81, § 1, 7-23-81) under oath shall be considered as void ab initio and shall not protect the holder thereof from pros- ecution for transacting business without a certif- Sec. 17-34.5. Special permit for nonprofit en- , icate of regulation. terprise. (Ord. No. I-81, § 1, 7-~3-8i} The licensing officer shall issue special permits, Sec. 17-34.8. C o m p f a n c e b y p r i n c i p a l without payment of any certificate of regulation deemed compliance by agent; fees or other charges therefor, to any person or noncompliance of principal. organization for the conduct or operation of a non- profit enterprise, either regularly or temporarily, Where the principal, master or employer has when. he finds that the applicant operates without complied with the provisions of this article, it shall 1068 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 1?-34.13 be unnecessary for his agent, servant or employee plainly stamped or written across the face thereon to comply herewith, unless otherwise expressly the reason for exemption. provided for herein; provided, however, that in (Ord. No. 7-81, § 1, 7-23-81) the event such principal, master or employer shall not have complied with this article, each of his agents, servants or employees shall be subject to Sec. 17.34.11. Engaging in business without prosecution and, upon conviction, to a fine or im- certificate of regulation or prisonment to the same extent as his principal, under certificate issued on master or employer. false statements. (Ord. No. 7-81, § 1, 7-23-81) (a) It shall be unlawful for any person to en- gage in any business, profession or occupation re- quiring acertificate of regulation hereunder Sec. 17-34.9.. Suspension or revocation of cer- without a certificate or under a certificate issued tificate of regulation; refund of upon false statements made by such person on his fee. behalf. Any person engaged in any such business, Any certificate of regulation hereafter issued profession or occupation without first obtaining a by the village may be temporarily suspended or certificate, if required herein, shall pay a penalty absolutely revoked or cancelled by a majority vote of twenty-five (25) percent of the full year certifi- ofthevillage council, when such council shall have cate of regulation fee for such trade, in addition to ascertained and determined, in the exercise of its the certificate of regulation fee set forth herein. sound discretion, that such action will promote In any original prosecution under this sec- the public peace, health, safety, welfare or har- tion, the fact that such person is open for business mony of the village; provided, however, that in shall be prima facie evidence of engaging in such the case of the revocation and cancellation of such trade, business profession or occupation, and the certificate, the village shall refund to such certif- burden shall be upon the defendant to refute the icate holder the pro rata unearned or unused por- same. tion of his certificate, provided, further, that no (Ord. No. 7-81, § 1, 7-23-81) refund shall be made where the certificate is tem- porarily suspended. (Ord. No. 7-81, § 1, 7-23-81) Sec. 17.34.12. Certificate of regulation fee schedule. Sec. 17-34.10. Certificate of regulation fee ex- The amount which shall be paid by the several emptions. firms, persons or associations engaging in or man- aging businesses, professions or occupations for (a) Disabled veterans of the Spanish-American which a certificate of regulation is required is War, World War I, World War II, Korean War, hereby fixed as provided for in Article II, section and Vietnam War, all confirmed cripples, blind, 17-33 of this chapter. deaf and speech-impaired persons, invalids phys- (Ord. No. 7-81, § 1, 7-23-81) ically incapable of manual labor, widows with minor dependents, and persons sixty-five (65) years of age or older shall be allowed the same exemp- Sec. 17-34.13. Marking of commercial vehi- tions as such persons are now or shall hereafter cles. be entitled to by law in connection with state and (a) It shall be the duty of every person doing county licenses. business within the village, to have each and every (b) Any person entitled to an exemption pro- truck or other vehicle used on a job within the vided by this section shall, upon application and village painted with or otherwise display the name furnishing of the necessary proof, execute an af- of the person owning same, together with the busi- fidavit supporting his right to exemption, and be ness address, and the telephone number of the issued a certificate of regulation which shall have place of business. 1069 f f § 17-34.13 NORTH PALM BEACH CODE f I ~ (b) Each such vehicle shall be lettered either on ARTICLE VI. GARAGE AND OTHER the door or on the body in such a manner as to be SALES* legible. (Ord. No. 7-81, § 1, 7-23-81) Sec. 17.61. Garage sales. All so-called "garage sales" or other sales in- 5ecs. 17-35-17-39. Reserved. volving the offering for sale of multiple items of personal property on property occupied as a resi- dence shall be subject to the following rules and regulations: (1) No one shall accept or take in for sale any ARTICLE IV. RESERVED goods from any commercial business or en- terprise on a consignment basis. Secs. '17.40-_17-49..Iieserved. (2) No signs shall be posted anywhere in the village advertising such sales, except that the property owner may install on the res- idential lot on which such sale is to be held one (1) sign not larger than two (2) feet by ARTICLE V.:Al!!IBITLANCES three (3) feet, advertising such sale. Such signs shall be erected not sooner than one (1) day prior to the date of the sale, and shall be removed at the end of the last day Sec. 17.50. Defiriftion. upon which the sale is held. For the purpose of this article, the term (3) No more than two (2) such sales per annum "ambulance" shall mean any vehicle designed, shall be held at the premises if occupied by equipped and used to carry or transport sick. or the same family or any member of such injured persons. family. (Ord. No. 4-80, § 1, 2-14-80) (4) Any sale conducted pursuant to the provi- l sions hereof shall be confined to the period between 8:00 a.m. and 9:00 p.m. of any day Sec. 17-51. Unlawful ®peration. and shall not extend in excess of two (2) days. It shall be unlawful for any person to engage in (Ord. No. 12-80, § 1, 6-12-80) the business of operating an ambulance within the village or from within the village to a point Sec. 17-62. Permit required. outside the village without first having obtained from the county a certificate of public convenience ~Y Person conducting a garage sale or other and necessity to operate an ambulance service in sale involving the offering for sale of multiple zone 2 of the county, except that such ambulance(s) items of personal property on property occupied maybe operated within zone 2 at the request of a as a residence shall be required to obtain a permit representative of the holder of a certificate of therefor from the village. Applications for such Hermit shall be made to the village building offi- public convenience and necessity for zone 2 of the `---- cial in such form as may be required. county. (Ord. No. 12-80, § 1, 6-12-80) (Ord. No. 4-80, § 1, 2-14-80) *Editor's note-Ord. No. 12-80, § 1, adopted June 12, 1980, amended Ch. 15 with the addition of new 17-50-17-52. Secs. 17.52-17.60. Reserved. However, since the Code already contained sections with these numbers, the editor has redesignated said provisions as 17-61-17.63 as herein set out. 1070 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-63 Sec. 17-63. Violations. Any person violating any of the provisions of this article shall be deemed guilty of a misde- meanorand upon conviction thereof, shall be fined a sum not to exceed five hundred dollars ($500.00).. Each day during which any violation of this ord- nance continues or exists shall be deemed to be a separate violation. (Ord. No. 12-80, § 1, 6-12-80) [The next page is 1121] 1071 4 ~i MOTOR VEHICLES AND TRAFFIC § 15-34 ARTICLE I. IN GENERAL Sec. 18-18. Weight limitations on certain roads. Secs. 18.1-18.15. Reserved. (a) It shall be unlawful for any person to op- erate, drive or park any truck in excess of three- fourths ton over, across or upon any street right- ARTICLE II. OPERATION OF VEHICLES of-way except those indicated below, in the village: GENERALLY* Northlake Boulevard Sec. 18.16. Speed limits-Generally. Prosperity Farms Road In accordance with law, and when signs are State Road 703 erected giving notice thereof, the speed limit shall U.S. Highway #1 (State Road 5) be as set forth in this schedule upon those streets (b) This section shall not apply where such or portions thereof, and at the times specified 'trucks are making deliveries to or picking up mer- herein: chandise at residences or places of business lo- (1) On all streets within the corporate limits of Gated upon such streets. the village, except as set out in section (Code 1970, § 39-46; Ord. No. 4-81, § 1, 3-26-81) 18-17, twenty-five (25) miles per hour at all times. Secs. 18.19-18.33. Reserved. (2) On all state highways located in the vil- lage, as designated by the state depart- ment of transportation. ARTICLE III. STOPPING, STANDING AND (3) Between the hours of 7:30 a.m. and 9:00 PARKING' a.m. and between the hours of 2:00 p.m. and 3:30 p.m. in the vicinity of schools or at Sec. 18-34. Parking restricted. such street intersections where heavy school (a) Between the hours of 2:00 a.m. and 6:00 a.m. traffic is found, fifteen (15) miles per hour. on streets where no curbing is provided, the Where public health, welfare and safety ne- parking of a vehicle shall not usurp more than cessitates the use of school speed limits, twelve (12) inches of the paved portion of the street. such determination shall be made by the director of public safety. (b) No person shall leave any truck, trailer, boat (Code 1970, § 39-29) or any vehicle of a similar type parked upon any public street or highway within the village be- Sec. 18-17. Same-Specific streets. tween the hours of 12:30 a.m. and 6:00 a.m. In accordance with law, it shall be unlawful, (c) No truck in excess ofthree-fourths ton shall when signs are erected giving notice thereof, to be parked at any time on public or private prop- operate avehicle at a greater rate of speed than erty in an R-1, R-2 or R-3 residential zoning dis- that indicated on the following streets or indi- trict unless making deliveries or picking up mer- cated portions thereof: chandise. Lighthouse Bridge, approaches thereto in either Exception: Vans with and without factory- direction, twenty (20) miles per hour. installed seats are excepted since vans with factory-installed seats are not vans in accordance Prosperity Farms Road, from the .southern vil- with state law. lage boundary line to Teal Road, north, thirty (30) (Code .1970, 24-70, 39-24; Ord. No. 4-81, § 2, miles per hour. 3-26-81) (Code 1970, § 39-29(2), (4)) 1'Cross reference-Parking near a fire station or hydrant *CrossreferenGe-Driving over fire hose prohibited, § 12-1. restricted, § 12-2. 1173 it § 18-35 N.QR4iH;PALIVI~)~ACl3 CQDE Sec. '18.35..Recreational, boating. and (6) .Such equpmerit~s'hallbe so secured so that camping equipment; parking on 'it wild :not be a :`hazard or menace during residential;proper'ty:restricted. .high-winds or?hurricanes. At least four (4) 'hurricane anchors must be available at each Recreational, boating and camping equipment ;~itewhere recreational and camping equip- in the form of travel and camping trailers, boats ;merit ~is stored pursuant to this Code sec- on trailers and truck trailers, or motor homes or tion. vans which exceed twenty (20) feet in length de- signed and used as temporary living quarters for (7) All such recreational vehicles when parked recreation, boating, camping or travel use maybe in the side yard shall be screened from the parked in the open on sites containing asingle- view of the nearest adjacent neighbor with family or.cluplex residence,:subject to the following an opaque, vertical wall, fence or hedge to conditions: the height and length of the recreational equipment. (1) Such parking shall be limited to such equip- (g) The village council finds that, as a matter ment owned or leased by the occupant- of fact, recreational camping and boating owner or occupant-lessee of the site con- equipment is a customary accessory use of cerned; provided, however, that a guest of land in R-1 and R-2 zones in the village. an occupant-owner of occupant-lessee may (Code 1970, § 30-1; Ord. No. 26-72, § 1; Ord. No. park such equipment in the front yard for 11-79, § 1, 6-14-79) not more than three (3) days in any fourteen-day period. Sec. 18-36. Parking in violation of signs. (2) The location for such parked equipment It shall be unlawful, when signs have been shall be in the rear yard or in the side yard erected giving notice thereof, to stop, stand or park to the rear of a line established by the front a vehicle in violation of signs regulating or pro- building line adjacent to the side yard where hibiting the stopping, standing or parking of ve- the equipment is located; provided, how- hicles. ever, that on corner lots such equipment shall not be parked on the side yard which Sec. 18-37. Violations; fines-Handicap faces a public street. ~ spaces. (3) Such equipment shall, at all times, have The fine for stopping, standing or parking in attached a current vehicle registration li- handicap parking spaces in violation of F.S. sec- cense plate and, if required, a current in- tions 316.1955, 316.1956 shall be in the amount spection sticker. of one hundred dollars ($100.00). (Ord. No. 32-90, § 1, 8-9-90) (4) When parked on the site, such equipment Editor's note-Ordinance No. 32-90, adopted Aug. 9, 1990, shall not be used for living or sleeping quay- did not specifically amend this Code; hence, inclusion of § 1 as ters, or for housekeeping or Storage pur- § 18-37 was at the discretion of the editor. poses and shall not have attached thereto any service connection lines, except as may Sec. 18-38. Same-Article provisions. periodically be required to maintain the The fine for stopping, standing and parking in equipment and applicants. violation of provisions, other than handicap parking provisions, of this article shah be in t he (5) Such equipment shall not exceed the max- amount of ten dollars ($10.00). imum length, width, height and weight per- (Ord. No. 40-90, § 1, 12-13-90) mitted under applicable provisions of the Editor's note-Ordinance No. 40.90, adopted Dec.13,.1990, motor vehicle laws of the state; provided, did not specifically amend this Code; hence, inclusion of § 1 as however, the maximum length shall not ex- § 18-38 was at the discretion of the editor. teed thirty (30) feet, and the maximum - height shall not exceed ten (10) feet. [The next page is 1225] 1174 OFFENSES AND MISCELLANEOUS PROVISIONS § 19-207 sistent with the context, words used in the present Sec. 19-204. Same-Emergency power. tense include the future, words in the plural in- In the event a further emergency arises which clude the singular, and words in the singular in- needs immediate remedial action, the mayor is clude the plural. authorized to take such .action without prior The word "shall" is always mandatory and not council approval. merely directory. (Ord. No. 6-81, § 9, 5-14-81) Village means the Village of North Palm Beach. Sec. 19.205. Exception to maintain sanita- Water means water taken from any ground- tion. water system, surface water system or public water supply. The village manager upon the recommendation of the appropriate .local authority or department Water shortage or water shortage emergency of environmental regulation or upon his own re- means the declaration of such by the governing cognizance shall have the authority to permit a board or the executive director of the South Florida reasonable use of water in .any case necessary to Water Management District pursuant to F.S. maintain adequate health, public safety, and san- chapter 373. itation standards. (Ord. No. 6-81, § 1, 5-14-81) (Ord. No. 6-81, § 6, 5-14-81) Sec. 19.201. Application. Sec. 19-206. Penalties. The provisions of this article shall apply to all Violation of any provision of this article shall users of water within the corporate limits of the be subject to the following penalties: village. (Ord. No. 6-81, § 2, 5-14-81) (1) First violation-Warning; (2) Second violation-Twenty-five dollars Sec. 19.202. Implementation. ($25.00); (a) Authority to implement. The village council (3) Third violation-Fifty dollars ($50.00); finds that a water shortage exists when a water shortage or water shortage emergency is declared (4) Fourth violation .and subsequent viola- by the South Florida Water Management District tions-Misdemeanor as authorized by the which includes the corporate limits of the village, village Code. (Ord. No. 6-81, § 5, 5-14-81) (b) Water shortage plan. Chapter 40E-21, Florida Administrative Code, as same may be amended from time to time, is incorpox'ated herein by ref- ARTICLE X. ALARMS* erence as part of the village Code, and shall be the water shortage plan of the village which shall be Sec. 19-207. Definitions. implemented whenever a water shortage emer- gency is declared by the South Florida Water Man- For the purpose of this article, whenever any of agement District in accordance with its terms. the following words or terms are used herein, they (Ord. No. 6-81, § 3, 5-14-81; Ord. No. 6-85, § 1, .shall have the meaning ascribed to them in this 5-9-85) section. Alarm means any device which is used in a Sec. 19.203. Enforcement-Generally. building or premises for the detection of unautho- Every police officer or code enforcement officer rued entry, burglary, or any other criminal ac- of the village shall in connection with all other tivity or fires, and which when activated emits a duties imposed by law, diligently enforce the pro- #Crosa references-False fire alarms, § 12-3; licenses and visions of this law. miscellaneous business regulations, Ch. 17; false alarm of need (Ord. No. 6-81, § 4, 5-14-81) for police or ambulance assistance, § 19-7. 1237 § 19-207 NORTH PALM BEACH CODE sound signal, or message to alert others, whether plication shall be signed by the alarm user and emitted on or off the premises or to the central shall provide the following information: office of an alarm business. (1) Name, address and telephone number of the Alarm business means any person engaged in alarm user; the business of selling, leasing, monitoring, main- taining, servicing, repairing, altering, replacing, (2) Address and telephone number of the alarm moving or installing any alarm for any building user s premises or building to be served by place or premises. the alarm; Alarm user means any person using an alarm (3) The name, address and telephone number or occupying and controlling a premises or of the person or persons in charge of the building, or a portion of a premises or building, premises or building served by the alarm; served by an alarm. (4) The name, address and telephone number Class A alarms means all those alarms acti- of the person or entity installing the alarm; vated by illegal entry or in response to criminal (5) The name, address and telephone number activity or fire and includes alarms activated solely of the person or entity monitoring the by an act of nature not contributed to by faulty alarm; maintenance, installation or use. (6) The name, address and telephone number False alarms means all activated alarms, re- sponded to by the public safety department, which of the person or entity providing mainte- do not qualify as class A alarms, including, but nance and repair service to the alarm; not limited to, alarms activated through inadvert- (7) An agreement by the alarm user, binding ence, neglect, accident, faulty installations or upon the alarm user's heirs and successors maintenance. in interest, to promptly pay or lawfully con- Person means an individual, partnership, asso- test any penalties assessed against the ciation or corporation, alarm user for a excessive number of false (Ord. No. 11-81, § 1, 11-12-81) alarms as described in this article. Sec. 19.208. Alarm permit required. ~ amended application shall be filed within ten (10) days after any change in the information No person shall have an alarm installed to be provided in the application. Upon such amend- operational, or use an existing alarm serving a ment, a new alarm permit shall be issued without premises or a building, or portion thereof, occu- charge or fee. pied or controlled by such a person, unless an (Ord. No. 11-81, § 1, 11-12-81) alarm permit has been issued hereunder, and is in force, authorizing the use of such alarm. The Sec. 19-210. Term of permit;. fee; nontransfer- alarmpermit shall constitute a regulatory license. able. For any alarm existing prior to the effective date of the ordinance from which this article derived,* A permit fee shall be charged the alarm user by an alarm permit application shall be made within the village in accordance with village ordinances sixty (60) days of the effective date hereof. for each permit issued. Any alarm permit issued (Ord. No. 11-81, § 1, 11-12-81) pursuant to this article shall not be transferable ..or assignable and shall cover only one (1) building Sec. 19-209. Application for alarm permit. or premises. (a) Applications for alarm permits shall be made (Ord. No. 11-81, § 1, 11-12-81) to the director of public services on forms pro- vided by the public services department. The ap- Sec. 19.211. Issuance of alarm permit. *Note-Ordinance No. 11-81, adopted Nov. 12, 1981, is the ~ alarm permit shall be issued to the alarm ordinance from which this article derived. The ordinance be- user by the director of public services within ten came effective immediately upon passage. (10) days after receipt of the Completed appllca- 1238 OFFENSES AND MISCELLANEOUS PROVISIONS § 19-215 tion by the director of public services. An alarm (4) There shall be a service fee charge of one shall be denied if: hundred dollars ($100.00) for response to any false alarm in excess of five (5) in any (1) The requested information is not supplied six-month period. on the application. The director of public safety shall keep a record (2) Material information on the application is of whenever a false alarm has been responded to incorrect. by the public safety department, and shall note (3) Any person or entity listed on the applica- the frequency of such false alarms for each alarm tion under items (a)(4), (5) and (6) of section user. The village shall notify each alarm user of 19-209 does not possess any required occu- the service fee charges owed to the village pur- pational or regulatory license to conduct the suant to this section and shall make demand there- activities required by items (a)(4), (5) and fore with the charges to be paid within thirty (30) (6), unless the person or entity is the alarm days after demand. user. The director of public safety or the village at- (Ord. No. 11-81, § 1, 11-12-81) torney may proceed by a suit in a court of proper jurisdiction to collect such service fee charge after Sec. 19.212. Excessive false alarms declared demand therefore has been made by the village public nuisance. and the alarm user has failed to pay same within thirty (30) days after such demand. The emission of more than three (3) false alarms (Ord. No. 11-81, § 1, 11-12-81) within any six-month period of time is excessive and constitutes a serious public nuisance, and is Sec. 19-214. Penalty. hereby declared to be unlawful and a violation of this section. No person shall allow, permit, cause Any person who shall violate the provisions of or fail to prevent, the emission, for any reason, by this article shall, upon conviction thereof, be pun- any alarm used by him, or any alarm serving pre- fished as provided in section 1-8 of this Code. mises or a building occupied and controlled by (Ord. No. 11-81, § 1, 11-12-81) such person, of more than three. (3) false alarms within any six-month period of time. (Ord. No. 11-81, § 1, 11-12-81) Sec. 19.21b. Interference with public safety department telephone trunk Sec. 19.213. False alarm service charge; col- lines prohibited; alarm business lection. central office required; identifi- cation required. An alarm user shall pay the following fees to the village for responses to excessive false alarms (a) No person shall use or cause to be used any by the public safety department within any six- telephone or electronic device or attachment that automatically selects a public primary telephone month period: trunk line of the public safety department or any (1) There shall be no charge for a response to other department or bureau of the village, and the first three (3) alarms. then reproduces any prerecorded message to re- port any burglary, unauthorized entry or other (2) There shall be a service fee charge of emergency. twenty-five dollars ($25.00) for response to the fourth false alarm. (b) No person shall provide alarm service system programmed to a central alarm reception office (3) There shall be a service fee charge of fifty unless it shall have the central office staffed at all dollars ($50.00) for response to a fifth false times, twenty-four (24) hours a day, including hol- alarm. idays. 1239 § 19-215 NORTH PALM BEACH CODE (c) Any staff member of a private alarm service Seca 19-221. Regulation of business activities system reporting an alarm activation to which with potential to contaminate the public safety department response is requested land and water resources. shall identify himself and state the name and tele- A business must notify the county department phone number of the alarm business by which of environmental resources management of its in- such response is requested. (Ord. No. 11-81, § 1, 11-12-81) tent to use, store and/or dispose of those haz- ardous or toxic substances cited in the county well- Sec. 19.216. Audible alarms. field protection ordinance. This requirement shall be implemented and monitored through the an- All alarms which may be heard in any public nual renewal of village occupational licenses. At place shall be equipped and maintained to auto- the time of annual renewal, the applicant shall matically cut off no longer than thirty (30) min- present proof to the village in the form of a re- utes after being set off. turned receipt of such notification to the county (Ord. No. 11-81, § 1, 11-12-81) department of environmental resources manage- ment. Sec. 19.217. Enforcement through code en- (Ord. No. 22-90, § 1, 6-28-90) forcement board. Cross reference-Licenses and miscellaneous business reg- ulations, Ch. 17. The director of public safety •and director of publicservices .maynitate ac6ion before the code enforcement'boand :of?the-dihlage'to obtain compli- ance with this article. 'The board shall have au- thority to place a lien against the property served by the -criminal .detection ,or 'fire <alarm in the { amount-of<allaerviee,charges assessed'by the vil- lage ~puxsuarit=to section !19 213:abov~. (Ord. No. 1:.1f8~1s, § 1, 1.1=12-81:) Sec. 19.218. Exem~p~tions. This article shall not apply to any alarms at- tached to motor vehicles or attached to any pub- licly owned property. (Ord. No. 11-81, § 1, 11-12-81) Sec. 19.219. Alarm system standards. -All alarm systems installed within the village shall meet or exceed the standards of, and be listed, by, Underwriters Laboratory, Inc., and the Stan- dards of the National Fire Protection Association. (Ord. No. 11-81, § 1, 11-12-81) ARTICLE XI. WELLFIELD PROTECTION Sec. 19.220. County wellfield protection ordi• nance adopted by reference. The village adopts, by reference, the county well- . field protection ordinance (Ordinance No. 88-71). (Ord. No. 22-90, § 1, 6-28-90) [The next page is 1289] 120 Chapter 20` PARKS, PIaAYGROUNDS AND R~CREATION* Art. I. In General, 20.1-20.21 Art. II. Meetings and Gatherings, 20-22-20-36 Div. 1. Generally, 20-22-20.30 Div. 2. Permit, 20-31-20-36 *Croas references-Parks division, § 2.85(b); department of public services, § 2-84 et seq.; department of country club, § 2-102 et seq. 1289 I PARKS, PLAYGROUNDS AND RECREATION § 20-36 Sec. 20.32. Form. (5) That the facilities desired have not been The permit required by section 20-31 shall be in reserved for other use at the day and hour such form as maybe established by the recreation required in the application. director. (Code 1970, § 25-19; Ord. No. 201-69, § 8) (Code 1970, § 25-17; Ord. No. 201-69, § 6) Sec. 20-35. Appeal from refusal to issue. (a) Within five (5) days after receipt of an ap- Sec. 20-33. Application. plication, the recreation director or village man- An application for a permit required by section ager shall apprise an applicant, in writing, of his 20-31 shall contain the following items: reasons for refusing a permit required by this di- vision. (1) The name and address of the applicant. (b) Any aggrieved person shall have the right (2) The name and address of the person, corpo- to appeal, in writing, within five (5) days to the ration or association sponsoring the activity, village council, which shall consider the applica- if any. tion under the standards set forth in section 20-34 (3) The day and hours for which the permit is and sustain or overrule the recreation director's desired. or village manager's decision within seven (7) days. (4) The park or portion thereof for which such (c) The decision of the village council shall be permit is desired. ~n~' (Code 1970, § 25-20; Ord. No. 201-69, § 9) (5) An estimate of the anticipated attendance. (6) Any other information which the recreation Sec. 20-3G. Revocation. director shall find reasonably .necessary to The recreation director may revoke a permit a fair determination as to whether a permit required by this division upon a finding of a vio- should be issued. lation of any rule, ordinances or provision of this (Code 1970, § 25-18; Ord. No. 201-69, § 7) Code, or upon good cause shown. (Code 1970, § 25-23; Ord. No. 201-69, § 12) Sec. 20.34. Standards for issuance. The recreation director or the village manager shall issue a permit under this division when he finds: (1) That the proposed activity or use of the park will not unreasonably interfere with or de- tract from the general public enjoyment of the park. (2) That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation. (3) That the proposed activity or use is not rea- sonably anticipated to incite violence, crime or disorderly conduct. (4) That the proposed activity will not entail unusual, extraordinary or burdensome ex- pense or police operation by the village, [The next page is 1343] 1293 I l Chapter 21 PLANNING AND DEVELOPMENT* Art. I. In General, 21-01-21-10 Art. II. Planning Commission, 21-11-21-20 Art. III. Board of Adjustment, 21-21-21.40 Art. IV. Concurrency Management, 21-41-21-60 Art. V. Stormwater Management, 21-61-21.70 *Cross references-Administration, Ch. 2; boats, docks and waterways, Ch. 5; buildings and building regulations, Ch. 6; bulkhead lines, Ch. 7; civil emergencies, Ch. 8; electricity, Ch. 11; fire prevention and protection, Ch. 12; housing, Ch. 15; streets, sidewalks and public places, Ch. 24; appearance plan, App. A; subdivision regulations, App. B; zoning regulations, App. C. 1343 l i~ PLANNING AND DEVELOPMENT § 21-45 LOS for capital potable water facilities means a LOS for capital sanitary sewer facilities means minimum of ninety-nine (99) gallons/capita/day for a minimum of sixty-six (66) gallons/capita/day for average daily water consumption for residential; residential and one thousand sixty (1,060) gallons/ one thousand eight hundred seventy-four (1,874) acre/day for nonresidential (which includes com- gallons/acre/day for average daily water consump- mercial, public buildings, educational and other tion for nonresidential (which includes commer- public buildings) for average day sewage genera- cial, public buildings, educational and other public tion rate; and one hundred four (104) gallons/ buildings); one hundred forty-seven (147) gallons/ capita/day for residential and one thousand seven capita/day residential and two thousand seven hundred twenty-one .(1,721) gallons/acre/day for hundred eighty-two (2,782) gallons/acre/day non- maximum day .sewage generation rate. residential maximum per-day consumption; and a LOS for capital solid waste facilities means an storage capacity of the average daily flow x 0.5. average generation rate of 0.926 tons/capita/year LOS for capital recreation and open space facil- for single-family residential, 0.588 tons/capita/ ities means level of service standards as follows: Year for multiple-family residential, and six (6.0) tons/acre/year for nonresidential. Unit Population LOS (interim) for capital storm drainage facili- Neighborhood parks 2 ac/1,000 ties means standards to accommodate the following Community parks 1 ac/1,000 storm flow criteria: three-year frequency, twenty- Beaches 1 mile/31,250 four-hour duration (one-day); rainfall intensity Marinas 1 slip/2,500 curve, as established by the South Florida Water Boating 1 ramp/6,250 Management District. Golf courses 9 holes/30,000 public facilities mean capital potable water fa- Swimming 1 pool/31,250 cilities, capital recreation and open space facili- Tennis 1 court/6,250 ties, capital road facilities, capital sanitary sewer Basketball 1 court/6,250 facilities, capital solid waste facilities and capital Shuffleboard 1 court/6,250 storm drainage facilities. Baseball/softball 1 field/7,200 (Ord. No. 16-90, § 3, 6-28.90) Football/soccer 1 field/4,800 Handball/racquetball 1 court/6,000 Playground areas 1 area/3,600 Sec. 21-45. Adequate public facilities to be Volleyball 1 court/7,200 available to service development. In order to implement the provisions of the LOS (interim) for capital road facilities means North Palm Beach Comprehensive Plan to ensure that the interim LOS that county collector road- that adequate potable water, sanitary sewer, road, ways, state minor arterials and state principal arterials within North Palm Beach must be able solid waste, drainage, recreation and open space to provide on atwenty-four-hour and peak-hour Public facilities are available to accommodate de- basis shall be as follows: velopment in North Palm Beach concurrent with the impacts of development on such public facili- (1) County collector roadways-LOS standard ties, the village council establishes, pursuant to C/peak hour D the terms of this article: (2) State minor arterials-LOS standard (1) A management and monitoring program that evaluates the conditions of public fa- C/peak hour D cilities to ensure they are being adequately planned for and funded to maintain the LOS - (3) State principal arterials-LOS standard for each public facility, and C/peak hour D (2) A regulatory program that ensures that (4) Exception: Prosperity farms road-LOS each public facility is available.to serve de- standard D/peak hour D velopment concurrent with the impacts of 135.1 § 21-45 NORTH PALM ,BEACH -CODE development on such public facilities, or and storm drainage public facilities, determine that development orders are conditioned on and summarize the available capacity of these the availability of public facilities to serve public facilities based on their LOS, and. forecast the development concurrent with the im- the capacity of existing and ,planned capital im- pacts of development. provements identified in the five-year capital im- (Ord. No. 16-90, § 4, 6-28-90) provement schedule for each of the five (5) suc- ceeding:years. The forecasts shall be-based on the most recently updated schedule of capital improve- Sec. 21.46. IVianagement and monitoringpro- ments for each public facility. The AUR shall also gram; annual public facli"ties up- revise population projections, update public fa- datereport, CIE amendments; an- cility inventories; update unit costs, and update nuai budget. revenue forecasts. The findings of the AUR shall (a) Generally. In order to ensure that adequate form the basis for any proposed amendments to potable water, recreation and open space, road, the CIE, any proposed amendments to' the vil- sanitary sewer, solid waste, and storm drainage lage s annual budget for public facilities, and the public facilities are available concurrent with the review of and issuance of development orders imparits cof development on the public facilities, during the next fiscal year. the dil~lgg'e .shall establish the following manage- (c) Recommendations on amendments to CIE merit anal monitoring practices. The purpose is to .and annual budget. Based upon analysis of the evaluate and coordinate the timing, provision and AUR, the village manager shall propose to the funding of :potable water, ~reoreation and open v1'11age :council each year, any necessary amend- space, road, sanitary sewer, solid waste and storm ments'to the CIE, and any proposed amendments dr_ ainage public facilities ~so that: to the village"s annual budget for public facilities. (1) They are being-adequately planned for:and (Ord. ~No 16=90y § 5, 6-28-90) funded to maintain -the LOS for the public facilities and Sec. `2iY-:47. Regulatory program; review of (2) To evaluate `the.capacty ~of the.public ~facil'- development to ensure adequate ities for use in she regulatory ;program to public facilities are available. ensure that: (a) fGenerally. In order to ensure that adequate a. There are no development orders is- ~°table water, sanitary sewer, road, solid waste, sued unless there are adequate public drainage, and recreation and open space public facilities available to serve the devel- facilities are available concurrent with the im- opment concurrent with the impacts of Pacts of development on each public facility, the development on the public facilities, or village shall establish the following development b. No development orders are issued un- review procedures so that no development order is less they are conditioned on the avail- issued unless there are- adequate public facilities ability of public facilities to serve the available to serve the proposed development, or development concurrent with the im- that the development order is conditioned on the pacts of development on the public fa- availability of public facilities. to serve the devel- cilities. opment concurrent with the impacts of develop- ment on the public facilities. r) Annual pudic fa%Llitie"a^ update i ep0 ~ (nJR)• (b) Exemptions. The following development By March 1 of each year, beginning in 1991, the shall be exempt From the requirements of this ar- village manager shall complete and submit to the title: village council an annual public facilities update report (hereinafter "AUR") for the period ending (1) Construction of public facilities (potable September 30. The AUR shall determine the ex- water, sanitary sewer, solid waste, roads, fisting conditions of all potable water, recreation recreation and open apace) that are consis- and open space, road, sanitary sewer, solid waste tent with the village comprehensive plan; 1352 PLANNING AND DEVELOPMENT § 21-70 Sec. 21.69. Stormwater retention systems. Where stormwater retention systems are re- quired, any modification to, or construction of ca- nals shall incorporate water and habitat quality enhancement features such as planted littoral zones or shallow shelves, bank slopes conducive to shoreline vegetation and immediate vegetative stabilization of any bare ground adjacent to the system, as appropriate. (Ord. No. 34-90, § 1.1(i), 9-27-90) Sec. 21-70. Water quality. (a) In order to minimize the degradation of water quality in receiving bodies,. alI develop- ment will be provided with landscaped' areas,. grassed areas. or other natural vegetated areas to- receive runoff from buildings, pavement or other impervious areas. to the degree that pollutants from tfiese~ areas. may be absorbed by the vegeta- tion or percolated into the soil. No runoff from such impervious- areas shall be discharged directly into any inlet or storm sewer without first being given the opportunity to pass through a natural vegetated area. All potential areas of soil erosion shall be protected to minimize siltation transport by flowing water. (b) To protect and preserve water quality, Best Management Practices (BMPs) for construction site runoff, as contained in Chapter 4.0 of the Palm Beach County, 208 Areawide Waste Treatment Management Plan, shall be employed. (Ord. No. 34-90, § l.l(f), (j), 9-27-90) [The next page is 1411] 1361 Chapter 26 TAXATION* Art. I. In General, 2&1-26-15 Art. II. .Insurance Excise Tages, 26-16-26.28 Art. III. Utility Tag, 26-29-26.31 *Cross references-Administration generally, Ch. 2; licenses and miscellaneous business regulations, Ch. 17. 1627 TAXATION § 26-30 ARTICLE' L. IN G"ENERAL~ (b) In the case of multiple-peril policies with a single premi2t~m. for both the property and casu- Secs. 26-1-26-15. Reserved. alty coverages• in such policies, seventy (70) per- cent of such premiums shall be used as the basis for the two-percent excise tax referred to herein. ARTICLE II. INSURANCE EXCISE TAXES (c) The excise or license tax shall be payable annually on the first day of March of each year. Sec. 26.16. Casualty insurance premiums. (Code 1970, § 38-20) (a) In accordance with F.S. section 185.08, the village does hereby assess and impose on every Secs. 26.18-26-28. Reserved. insurance company, corporation or other insurer now engaged in or carrying on, or who shall here= after engage in or carry on the business of casu- arty ins~z~rance as slownbythesecord`s of the. state AR,TICI.E:III. UTILITY TAX* treasurer in his capacity as' state insurance: com- missoner, an excise or license tax. in adclition to Sec. 26=29: Levied; rate. any lawful licensee or excise tax now levied by the village amounting to one (1) percent of-the. gross A tax rmt~lie amount of five (5) percent is hereby amount of receipts of premiums from policyholders imposed and levied on each and every purchase of on all premiums collected on casualty insurance electricity, fuel oil, metered gas and bottled gas policies covering property within the corporate (natural liquefied petroleum gas or manufactured limits of the village. gas) within the corporate limits of.the village. (Code 1970, § 38-21; Ord. No. 199-69, 1, f; Ord. (b) In the case of multiple-peril policies with a No. 222-71, § 1, 1-14-71; Ord. No. 22.79, § 1, single premium for both property and casualty 9-27-79; Ord. No. 9-81, § 1, 9-24-81) coverages in such policies, thirty (30) percent of such premium shall be used} as tle Basis for the one-percent tax above. Sec. 2~6-30. Collection.. • (c) The excise or license tax shall be payable The tax imposed and levied in section 26-29 annually 1VIarch l._of eachsyear after: the passing of shall be collected from the purchaser of such util- an ordinance assessing and. imposing the tax ities services and paid by such purchaser for the herein authorized. use of the village to the sellers of such electricity, (Code 1970, § 38-19) fuel oil, metered gas and bottled gas (natural liq- uefied petroleum gas or manufactured gas) at the Sec. 26-17. Property insurance premiums. time of the purchaser paying the charge therefor to the seller. (a) In accordance with F.S. section 175.101, the ~- village does hereby assess and impose on every The sellers of electricity, fuel oil, metered insurance company, corporation or other insurer gas and bottled gas (natural liquefied petroleum now engaged in or carrying on, or who shall here- gas or manufactured gas) within the corporate after engage in or carry on, the business of prop- limits of the village shall act as the tax collection erty insurance, as shown by the records of the mediums or agencies for the village, and they shall state treasurer in his capacity as state .insurance collect from the purchasers of such utilities ser- commissioner, an excise or license tax in addition vices for the use of the village the tax imposed to any lawful license or excise tax now levied by and levied by this article and shall report and pay the village amounting to two (2) percent of the over to the village all such taxes imposed, levied gross amount of receipts of premiums from poli- and collected in accordance with the accounting cyholders on all .premiums collected on property methods and other provisions of this article. insurance policies covering property within the *State law reference-Public service tax authorized, F.S. corporate limits of the village. § 166.231. 15~J i i 1 i § 26-30 NORTH PALM BEACH CODE - j (c) The sellers of such electricity, fuel oil, me- 1 tered gas and bottled gas (natural liquefied petro- leum gas or manufactured gas) shall account for, report and pay over all moneys received by them on or before the fifteenth day of each and every month under the provisions of this article, and shall submit such moneys, reports and accounting to the village treasurer on or before the first day of the month following the fifteenth day of each month. The accounting and reports which shall accompany such payment shall be upon such forms as can be mutually agreed upon by the village treasurer and the sellers of such electricity, fuel oil, metered gas and bottled gas (natural liquefied petroleum gas or manufactured gas), and if no such agreement can be reached, they shall be upon such forms as are determined by the village trea- surer. (Code 1970, § 38-22; Ord. No. 199-69, § 5; Ord. No. 222-71, § 1, 1-14.71) Sec. 26-31. Exemptions. (a) The munfcipal government of the village, its commissions and agencies, shall be exempted from the payment of the tax imposed and levied by this article. (b) The tax imposed by this article shall not be applied against any fuel adjustment charge, and such charge shall be separately stated on each bill. "Fuel adjustment charge" shall mean all in- creases in the cost of utility services to the ulti- mate consumer resulting from an increase in the cost of fuel to the utility subsequent to October 1, 1973. (c) The purchase of natural gas or fuel oil by a public or private utility, either for resale or for use as fuel in the generation of electricity, or the purchase of fuel oil or kerosene for use as an air- craft engine fuel or propellant or for use in internal-combustion engines shall be exempt from taxation hereunder. ~ (d) The tax imposed by this article shah not apply to purchases by any recognized church in the state for use exclusively for church purposes. (Code 1970, § 38-23) [The next page is 1681] 1630 TREES AND SHRUBBERY § 27-63 Swale areas between the sidewalk and road pave- within a maximum of one (1) year after time of ment directly in front of the site. planting. (Code 1970, § 41-19(3); Ord. No. 14-71, § 1; Ord. No. 2-81, § 9, 1-22-81) (d) Vines. Vines shall be a minimum of thirty (30) inches in height, immediately after planting, and may be used in conjunction with fences, Sec. 27.62. Plant material. screens: or walls_to> rneet physicali requi-cements as specili"ed!.. (a)' Qu~alzty_ Plant materials used in conform= once with provisions: of this article shall, conform, (e) Ground covers. Ground.. covera, used in lieu to the Standards for Florida No. 1 or~ better° as of grass in whole or in part shall be planted in given in ``Grades and Stand~ards~ for Nursery such a manner as to present a finished. appear- Plants,''' Part. T, 1963'.„ and Part II, State of Florida, anee and_ reasonably complete coverage within Department of Agriculture, Tallahassee,, or equal three {3) months. after planting, thereto. Grass sod shall be clean and reasonably- free of weeds and noxious pests or diseases. Grass (f7 .Lawn grass. Grass areas shall be planted in seed shall be delivered to the jobsite in bags with species grown as permanent lawns in this county. state department of agriculture tags attached.. in.- Grass areas may be sodded, plugged„ sprigged or dicating the seed grower's compliance with. the seeded except that solidsod"shall be used-nswales department's quality control program. or other- areas subject to erosion, and' providing tI1at in areas. where other than solid sod or grass (b) Tree species. Trees shall be species having seed is used, nursegrass seed shall be sown for an average mature spread of crown of greater than immediate effect and protection until coverage is fifteen (15) feet in this area or this county and achieved. having trunks which can be maintained in a clear (Code 1970, § 41-19(4); Ord. No. 14-71, § 1) condition over five .(5) feet of clear wood. Trees having an average mature spread of crown less Sec. 27-63. Required landscaping adjacent to than fifteen (15) feet may be substituted by public rights-of--way. grouping the same so as to create the equivalent of a fifteen-foot crown spread. Palms shall be -con- On the site of a building or structure or open lot sidered trees in accord with standards promul- use providing an off-street parking area or other gated by the village council. Tree species shall be vehicular use area, where such area will not be a minimum of fifteen (15) feet overall height im- entirely screened visually by an intervening mediately after planting.. Trees of species whose building or structure from any abutting right-of- roots are known to cause damage to public road- way, excluding dedicated alleys, there shall be ways or other public works shall not be planted provided landscaping between such area and right- closer than twelve (12) feet to such public works of-way, as follows: unless the tree root system is completely con- tained within a barrier for which the minimum (1) A strip of land at least five (5) feet in depth interior containing dimensions shall be five (5) located between the abutting right-of--way feet square and five (5) feet deep, and for which and the off-street parking area or other ve• the construction requirements shall be four-inch hicular use area which is exposed to an thick concrete reinforced with no. 6 road mesh (6 abutting right-of--way shall be landscaped, x 6 x 6) or equivalent. A list of such tree species such landscaping to include one (1) tree from shall be maintained by the village for the guid- each fifty (50) lineal feet or fraction thereof. once of the public. Such trees shall be located between the abutting right-of--way .and off-street parking (c) Shrubs and hedges. Shrubs shall be a min- area or other vehicular use area and shall imam of two (2) feet in height when measured be planted in a planting area of at least immediately after planting. Hedges, where re- twenty-five (25) square feet with amin- quired, shall be planted and maintained so as to imam dimension of at least five (5) feet. In form a continuous, unbroken, solid, visual screen addition, a hedge or other durable land- 1687 § 27.63 NORTH PALM BEACH CODE i - scape barrier at least two (2) feet in height three (3) feet in height nor less than two (2) feet in shall be placed along only the perimeter of height to form a continuous screen between the such landscaped strip. If such durable bar- off-street parking area or other vehicular use area rier is of nonliving material, for each five and such abutting property; provided, however, (5) feet thereof, one (1) shrub or vine shall that that portion of such area not so screened be planted abutting such barrier but need which lies between the front building line and the not be spaced five (5) feet apart. Such shrubs rear line of the property shall be provided with a or vines shall be planted along the street hedge or other durable landscape barrier not side of such barrier unless they are of suf- greater than six (6) feet in height or less than two ficient height at the time of planting to be (2) feet in height to form. a continuous screen be- readily visible over the top of such barrier. tween the off-street parking area or other vehic- The remainder of the required landscaped ular use area and such abutting property. Such areas shall be landscaped with grass, landscape barrier shall be located between the ground cover or other landscape treatment common lot line and the off-street parking area or excluding paving; provided, however, that other vehicular use area exposed to the abutting a nonliving durable wall maybe erected on property provided the purpose of screening off- the perimeter of the required landscaped street parking area and other vehicular use areas area opposite the sidewalk. or at any point is accomplished. If such barrier consists all or in at least three (3) feet from the sidewalk part of plant materials,. such plant materials shall within this landscaped area. No such land- be planted in a planting strip of not less than two scape barrier wherever located under this and one-half (2i/z) feet in width. In addition, one subsection shall exceed three (3) feet in (1) tree shall be provided for each seventy-five (75) height or be less than two (2) feet in height. lineal feet of such landscape barrier or fractional part thereof. Such trees shall be located between (2) All property other than the required land- the common lot line and the off-street parking scaped strip lying between the right-of--way area or other vehicular use area. Each such tree and off-street parking axea or other vehic- shall be planted in at least twenty-five (25) square ular use area shall be landscaped with at feet of planting area with a minimum dimension least grass or other ground cover. of at least five (5) feet. Each such planting area (3) Necessary accessways from the public right- shall be landscaped with grass, ground cover or of way through all such landscaping shall other landscape material excluding paving in ad- bepermitted to service the parking or other dition to the required tree. The provisions of this vehicular use areas and such accessways subsection shall not be applicable in the following • may be subtracted from the lineal dimen- situations: sions used to determine the number of trees (1) When a property line abuts a dedicated required. alley, or to those portions of the property (Code 1970, § 41-19(5); Ord. No. 14-71, § 1) that are opposite a building or other struc- ture located on the abutting property. Sec. 27.64. Perimeter landscaping relating to abutting properties. (2) Where abutting property owners desire to share their parking lots, the requirements On the site of a building or structure or open lot of a perimeter hedge between the two (2) use providing an off-street parking area or other owners may be eliminated provided that the vehicular use area, where such areas wiii not be gross area of landscaping which has been entirely screened visually by an intervening eliminated is placed elsewhere in the building or structure from abutting property, that parking area, so that the total amount of portion of such area not so screened which lies landscaped area will not be lessened by between the front edge of the property and the eliminating the perimeter hedge. front building line shall be provided with a hedge (Code 1970, § 41-19(6); Ord. No. 14-71, § 1; Ord. or other durable landscape barrier not greater than No. 2-81, § 10, 1-22-81) 1688 I TREES AND SHRUBBE1I.Y § 27.66 Sec. 27.65. Parking area interior land- (c) The front of a vehicle may encroach upon scaping. any interior landscaped area when such area is at least three and one-half (31/z) feet in depth per (a) Off-street parking areas shall have at least abutting parking space and protected by wheel ten (10) square feet of landscaping located within stops or curbing. Two .(2) feet of such landscaped the perimeter of the parking area for each parking area may be part of the required depth of each space excluding those spaces abutting a perim- abutting parking space. eter for which landscaping is required by other (Code 1970, § 41-19(7); Ord. No. 14-71, § 1; Ord. sections hereof. In addition, other vehicular use No. 2-81, 11, 12, 1-22-81') areas shall have one (1) square foot of landscaped area for each one hundred (100) square feet or fraction thereof of paved area for the first fifty Sec. 27-66. Sight distance for landscaping ad- thousand (50,000) square feet excluding the first jacent to public rights-of-way and five thousand (5,000) square feet of paved area points of access. plus one square foot of landscaped area for each two hundred (200) square feet or fraction thereof At any place within the corporate limits of the of paved area for all paved area over fifty thou- sand (50,000) square feet; provided, however, in village, when an alley, service lane, service road areas zoned for industrial use these requirements or private driveway intersects a public right-of--way shall be reduced by fifty (50) percent. Where the or when the subject property abuts the intersec- property contains both parking areas, and other tion of two (2) or more public rights-of--way, the vehicular use areas, the two (2) types of areas may landscaping or any solid installation within the be separated for the purposes of determining the triangular areas described below shall provide un- other vehicular use area by first multiplying the obstructed cross-visibility at a level between three total number of parking spaces by four hundred (3) feet and six (6) feet; provided, however, trees or (400) and subtracting the resulting figure from palms having limbs and foliage trimmed in such a the total square footage of the paved area. Each manner that no limbs or foliage extend into the separate landscaped area shall contain amin- cross-visibility area shall be allowed, provided they imum of fifty (50) square feet and shall have a are so located so as not to create a traffic hazard. minimum dimension of at least five (5) feet and Landscaping except required grass or ground cover shall include at least one (1) tree having a clear shall not be located closer than three (3) feet from trunk of at least five (5) feet, with the remaining the edge of any accessway pavement. The trian- area adequately landscaped with shrubs, ground gular areas above referred to are: cover or other authorized landscaping material not to exceed three (3) feet in height. The total (1) The areas of property on both sides of an number of trees shall be not less than one (1) for alley, service lane, service road or private each one hundred (100) square feet or fraction driveway formed by the intersection of each thereof of required interior landscaped area. Such side of the alley, service lane, service road interior landscaped areas shall be located in such or private driveway and the public right- amanner as to divide and breakup the expanse of of-way line with two (2) sides of each tri- paving. angle being ten (10) feet in length from the point of intersection and the third side being (b) In other vehicular use areas where the strict aline connecting the ends of the two (2) application of this section will seriously limit the other sides. function of such area, the required landscaping may be located near the perimeter of the paved (2) The area of property located at a corner area including such perimeters which may be ad- formed by the intersection of two (2) or more jacent to a building on the site. Such .required public rights-of--way with two (2) sides of interior landscaping which is relocated as herein the triangular area being thirty (30) feet in provided shall be in addition to the perimeter land- length along the abutting public right- scaping requirements. of-way lines, measured from their point of 1:689 _ NORTH PALM BEACH CODE § 27 66 intersection, and the third side being a line connecting the ends of the other two (2) lines. (Code 1970, § 41-19(8); Ord. No. 14-71, § 1; Ord. No. 22-77, § 1,12-8-77; Ord. No. 2-81, § 13,1-22-81) Sec. 27-67. Existing plant material. In instances where healthy plant material ex- fists on a site prior to its development in part or whole, for the purpose ofoff-street parking or other vehicular use areas, the building official may ad- just the application of the above mentioned stan- dards to allow credit for such plant material if, in its opinion, such an adjustment is in keeping with and will preserve the intent of this article. (Code 1970, § 41-19(9); Ord. No. 14-71, § 1; Ord. No. 2-81, § 5, 1-22-81) C [The next page is 1739] 1690 Chapter 28 USE ®F RIGHTS-®F•WAY F®R UTILITIES* `Editor's note-Ordinance No. 15-86, 1, 2, adopted Oct. 9, 1986, did not specifically amend the Code; at the advice of the city • and at the editor's discretion, the substantive provisions of the ordinance were codified as a new Ch. 28, Use of Rights-of--Way for Utilities, 28-1-28-3. Cross references-Enforcement of Ch. 28 by code enforcement board, § 2-171 et seq.; buildings and building regulations, Ch. 6; electricity, Ch. 11; housing, Ch, 15; streets, sidewalks and public places, Ch. 24; landscaping, § 27-31 et seq.; subdivisions, App. B. 1739 r i USE OF RIGHTS•OF-WAY FOR UTILITIES § 28-3 Sec. 28-1. Rules and regulations adopted. be given notice of the cost of such restora- The village hereby prescribes and adopts the tion and a copy of a resolution requiring the payment of the cost thereof, and shall rules and regulations [set out in this chapter] with be given reasonable time, which shall not reference to the placing and maintaining along, be less than twenty (20) nor more than across or on any road under the village's jurisdic- thirty (30) days, in which to appear before tion any electrical transmission, telephone, or tele- the village council to contest the reason- graph lines, pole lines, poles, railways, ditches, ableness of the resolution. Should the owner sewers, water, heat, or gas mains, pipelines, fences, or his representative not appear, the deter- gasoline tanks and pumps, or other structures, hereinafter referred to as the "utility". urination of the cost to the owner shall be (Ord. No. 15-86, § 1, 10-9-86) final. The final resolution of the village shall constitute a lien on any property of the owner and maybe enforced by filing an Sec. 28-2. Written permit (franchise)-Re- authenticated copy of the resolution in the quired; term. office of the clerk of the circuit court of the (a) No utility shall be installed, located or re- county wherein the owner's property is lo- located along, across or on any road under village Gated. The owner may obtain judicial re- jurisdiction, unless authorized by a written permit, view of the resolution of the village within hereinafter referred to as a "franchise," issued by the time and in the manner provided for by the village. the Florida Appellate Rules by filing in the circuit court of the county in which the (b) No franchise shall be issued for a term in utility was located a petition for a writ of excess of thirty (30) years. certiorari in the manner prescribed by such (c) Franchises shall not be granted to any person rules. who is not a resident of this state, or to any cor- (3) The franchise holder shall be responsible poration which is not organized under the laws of for any damage resulting from the issuance this state or licensed to do business within this of such franchise, and shall indemnify the state. village against and assume all liabilities (Ord. No. 15-86, § 1(1-3), 10-9-86) for damages which may arise or accrue to the village for any injury to persons or prop- Sec. 28-3. Same-Contents. erties from the doing of any .work autho- rized by the franchise, or the neglect of the All franchises shall contain the following terms franchise holder or any of its employees to and conditions: comply with any ordinance regulating the use of the streets to the village, and the (1) The installation and repair of a utility lo- acceptance by the franchise holder of the Gated along, across or on such road shall be franchise shall be an agreement by it to done subject to the supervision of the vil- pay to the village any sum of money for lage. which the village may become liable from (2) When any public road or right-of--way is or by reason of such injury. damaged or impaired in any way because (4) The franchise holder shall obey and comply of the installation, inspection or repair of a with the village Code and all village ordi- utilitylocated along, across or on such road nances, including, but not limited to, sec- or right-of-way, the owner of the utility tion 36-32 of the village Code*, as the same shall, at its expense, restore the road or may be amended, from time to time. right-of--way to its original condition before such damage or impairment. If the owner (5) The franchise holder shall grant to the vil- fails to make such restoration, the village lage, as a condition for issuance of the fran- is authorized to do so and charge the cost *Editor's note-Section 36.32 of the 1970 village Code ap- thereofagainst the owners. The owner shall pears in Appendix B, Subdivisions, of this Code of Ordinances. 1741 § 28.3 NORTH PALM BEACH CODE j chise, the right, at and after the expiration limits of the village by such telephone com- of the term of the franchise, in the event parry, as provided in F.S. section 337.401(3). the franchise holder fails or refuses to renew (7) The franchise holder shall be entitled to the franchise, to purchase the property, con- retain five (5) percent of the total franchise sisting of all the works constructed and used fee due the village in order to defray its in the operation and use of the utility, to- administrative expenses in complying with gether with the appurtenances, materials, the terms and conditions of this franchise. fixtures, machinery and real estate per- taining thereto, which is on hand at the (8) Nothing in the franchise shall be construed time of the expiration of the franchise, at a as limiting or affecting in any way the right price to be mutually agreed upon; provided, or power of the village to pass ordinances however, if the price for same cannot be regulating the use of its streets and rights- agreed upon, the price shall be determined of-way. by an arbitration board consisting of three (g) In the event the village, or any other gov- (3) persons, one (1) of whom shall be se- ernmental authority with jurisdiction lected by the village, one (1) shall be ap- thereof, changes or requires a change of a pointed by the franchise holder and the two street or alley configuration or placement, (2) persons so selected shall select a third the owner of the utility shall, at its ex- member of the board; and provided further pense, remove, move, rearrange, relocate, that in the event the board cannot agree as repair and restore the utility in accordance to the price to be paid by the village, then and in compliance with the changed street the village shall file appropriate condem- or alley configuration or placement. The nation proceedings. provisions of subsection (2) above shall apply / to this section. (6) As a condition for granting permission to (Ord. No. 15-86, § 1(4a-i), 10-9-86) occupy the village streets and rights-of--way, the franchise holder shall pay to the village a fee of five (5) percent of the gross receipts of the franchise holder from local service revenues for services provided within the corporate limits of the village by the fran- chise holder. Such fee shall be collected for all commodity utility services provided within the village and shall apply equally to all persons and/or institutions, whether not-for-profit or for-profit. This fee shall not apply to one-time charges, such as meter installations, late fees or capital recovery fees. Such fees shall be paid on or` before the first day of March, June, September and December, based upon. the receipts of the preceding quarter of the fiscal year of the franchise holder, the first of such annual ' payment to be paid on or before the first day of March. to occur during the. term. of the franchise. Notwithstanding the above, - the fee required of any telephone company may not exceed one (1) percent'of the gross receipts on recurring local service revenues for services provided within the corporate [The next page is 2043] 1'742 APPENDIX A-APPEARANCE PLAN § II INTRODUCTION The Appearance Ordinance, and applicable sec- tions of the Appearance Plan, will be adminis- What we see daily in our community, consciously tered through the Office of the North Palm Beach and unconsciously, influences our lives. Director of Public Services, with the Appearance Good community appearance is the product of or- Board acting upon matters relating to appearance derly and harmonious relationships established as authorized by the Appearance Code. between man-made objects and nature. A pleasing SECTION II STATEMENT OF POLICY and attractive scene results from skillful combi- nations and interrelations of these elements of To function in a manner most appropriate to its contrasts and similarities. responsibility, amunicipal board should act in the public interest and welfare as a servant of the Appearance has a direct bearing on the economic people, and operate consistently within its juris- value of property. When the appearance of public diction. It should be completely fair and objective areas, business establishments, and the residen- ~ ~ public matters, impartial and understanding, tial community is good, shoppers, businessmen, and above and beyond reproach. If it can also be a and home owners are all attracted to the commu- source of inspiration, encouragement, and leader- nity. ship, it fulfills the public trust. Poor appearance, congestion, and lack of proper Consequently the POLICY of the Appearance maintenance bring about blight, decay, decreased Board is to: property values, and loss of revenues. Operate in all matters brought before it, in an New building programs, along with improvement objective and understanding manner, free from and preservation of the existing, are necessary in discrimination and selfish interests, and above order to maintain good community appearance. and beyond reproach. Expanded building programs and land develop- ments have greatly reduced open spaces in our Work toward the esthetic growth of the commu- towns-an awareness of the importance of good nity and against deterioration of its visual char- design and land use has resulted. Government acter, harmony, and beauty. bodies and private agencies are seeking ways to Encourage and inspire both public and private revitalize our cities and towns. The recognition of participation in the enhancement of commu- this need to protect the distinctive character of pity appearance and provide the necessary lead- our communities and their beauty has elicited ership. sympathetic judicial decisions in matters involving ' esthetics. Act as counselor, guide, and consultant on mat- SECTION IBASIS FOR THE APPEARANCE ters of appearance to those who desire to de- PLAN velop, redevelop, maintain, or improve proper- ties which are under the jurisdiction of the The North Palm Beach Village Council adopted Board. an Appearance Code, Ordinance Number 4-71, on participate in matters regarding appearance May 27, 1971. This Ordinance provided for the with other governmental, municipal, civic or pri- appointment of an Appearance Board which would vate bodies, and enhance communication, un- concern itself with and act in matters affecting derstanding, and appreciation between them the physical appearance of designated areas. and the Appearance Board. The Board was empowered to develop an Appear- OBJECTIVES are the fostering of: ance Plan to serve as standards or guidelines for physical developments in the Village. The Plan as Greater interest in the development and rede- amended, following public hearings, was adopted velopment of business, multi-family, and public by the North Palm Beach Village Council, by Or- areas with an emphasis on appearance as it re- dinance Number 3-72, dated 10 Feb. 1972. lates to each specific project, its surroundings, 2045 § II NORTH PALM BEACH CODE ~ " and the community, by giving encouragement, External architectural features of buildings and guidance, and direction. structures of all types, existing and future, vis- ible to the eye, and above grade. Better maintenance of properties through en- couragement of preservation, upkeep, protec- Landscaping, land topography and plant life, tion, and care. natural and man-made. Modifications or additions to existing ordinances Walks, drives, parking areas, and plazas. as they pertain to improving community appear- ance. Exterior furniture, hardware, signs and markers, posts and fences, barriers, lights and Greater public interest and enthusiasm in lighting, supplementary structures and appur- overall community beauty, appearance, clean- tenances. liness, and order. AREAS OF PARTICULAR NOTE AND THEIR SECTION III AREAS OF JURISDICTION ADDED REQUIREMENTS AREAS AND ELEMENTS UNDER JURISDIC- The following is a list of natural and man-made TION areas and thoroughfares of particular note with their descriptions and added requirements. The Appearance Ordinance provides that the ju- risdictional areas of the Appearance Board are all OCEAN BEACH AND STATE ROAD 703 areas within the Village of North Palm Beach The existence of the ocean on our east imparts that are zoned: more directional and esthetic influence than any R1 SINGLE FAMILY DISTRICT-Applies other natural attribute. We should maintain an to all usages except single family and awareness of it in the development of the tom- . their normal accessory buildings munity. It is felt that it is essential to maintain R2 MULTIPLE FAMILY DWELLING DIS- and develop physical and visual contact with it TRICT through vistas, overlooks, adjacent roads and R2A LIMITED MULTIPLE FAMILY access parts. The ridge between State Road 703 DWELLING DISTRICT and the beach should be preserved as it pro- R3 APARTMENT DWELLING DISTRICT viees a natural barrier between traffic and the CA RESTRICTED COMMERCIAL DIS- beach, and defines the beach as an entity in TRICT itself. State Road 703 is a north-south highway C1A LIMITED COMMERCIAL DISTRICT between the Intracoastal Waterway and the C1 NEIGHBORHOOD COMMERCIAL ocean traversing the length of North Palm DISTRICT Beach. It is the only man-made artery where C2 GENERAL COMMERCIAL DISTRICT the true character of the coastal community can P PUBLIC DISTRICT be experienced in its fullness. Its variance in elevation allows unparalleled views of the ocean FUTURE ZONING CLASSIFICATIONS AS DE- and of the sloping terrain to the Intracoastal TERMINED BY VILLAGE ORDINANCE Waterway. The natural topography of the slope as well as the ocean ridge must be preserved. These areas include both privately and publicly ~ The natural landscape adjacent to this artery is owned properties. Elements within these areas in- all but destroyed in other South Florida com- clude: munities. This landscape must be fully consid- eyed and preserved to the greatest extent in de- Improved and unimproved land, including open velopment, and because openness both to the spaces, streets and parkways, playgrounds, gar- east and west must be maintained, buildings dens, malls, waterways, yards, rights-of--way, shall be designed and sites planned in such a and other elements. manner as to allow maximum visual contact 2046 APPENDIX B-SUBDIVISIONS § 36-22 able intersection separation of one hundred veloper of the adjoining area shall pay the fifty (150) feet. cost of restoring the street to its original (5) Minimum street design specifications. All design cross-section and extending the streets to be established in a subdivision street. shall be designed in accordance with the (8) Half streets. Half streets shall be prohib- following minimum specifications: ited, except that where a previously platted half street, improved or unimproved, abuts Collector Local Marginal a tract to be subdivided, the second half of Street Street Access the street shall be platted within the tract Minimum right- 80 ft. 60 ft. 40 ft. being subdivided and the entire street shall of--way be improved when and as required in Ar- Percent grade of title N of these regulations. roadway center (9) Street names. Street names shall not be used line: which will duplicate or be confused with Minimum 0.30% 0.30% 0.30% the names of existing streets, except that new streets which are an extension of or in Geometric design shall comply with the latest alignment with existing streets shall bear AASHTO requirements, the same name as that borne by such ex- (6) Culs-de-sac. fisting streets. The names of all courts and circles shall not duplicate those of streets. (a) Culs-de-sac shall be provided with a turnaround having an outside roadway diameter of at least eighty (80) feet, and Sec. 38-20. Alleys. a street property line diameter of at In single-family residential districts, alleys shall least one hundred (100) feet. Culs-de-sac be discouraged. When provided in any district, shall have a minimum length of two alleys shall have a minimum right-of--way width hundred (200) feet including the turn- of twenty (20) feet. around. (b) Dead-end roads and streets may be as long as necessary to properly serve Sec. 36-21. Sidewalks. narrow island or narrow peninsulas bounded by watercourses, canals or Where provided, sidewalks shall be designed as other bodies of water the crossing of an integral part of the total circulation system which would require a bridge; and and shall be located within the street right-of--way dead-end roads and streets may be as or common open areas. long as necessary to serve properly other narrow land areas formed by such Sec. 36-22. Easements and rights-of--way. water or waterways in combination with permanent obstructions such as Easements for utilities including water, sewer, railroads, sewage treatment plants, electric, CATV, telephone and gas, and drainage limited access highways and the like. easements, shall be provided as follows: (7) Street access to adjoining property. Street (a) Utilities. Utility easements centered on side stubs to adjoining unplatted areas shall be or rear lot lines shall be provided where provided at intervals of not over one-quarter deemed necessary, and shall be at least fif- mile when required to give access to such teen (15) feet in width. Additional width areas or to provide for .proper traffic circu- may be required for sewer or drainage ease- lation. Street stubs in excess of two hun- ments. Side lot line easements may be de- dredfifty (250) feet shall be provided with a creased to ten (10) feet in width when temporary cul-de-sac turnaround. The de- serving a single electric or telephone utility. 2367 § 36-22 NORTH PALM BEACH CODE. (b) Drainage. Where a proposed subdivision is or navigable waterway, the subdivider shall pro- traversed by or abuts a watercourse, vide adequate public access to the shoreline at drainage way or stream, there shall bepro- intervals. that average not more- than one thou- vided a stormwater or drainage right-of--way sand (1,0'00) feet by designation of public access which shall conform substantially with the easements Having; widths not less than twenty- limits of such watercourse, drainage way, five (25) feet. These easements are to be improved canal or stream, and such further width or by the subdivider as approved by the planning construction, or both, as will be adequate commission. for the purpose. Where a drainage way or canal is required to be constructed, right- (b) The village council may require that the sub- - of-way approved as adequate by the village divider shall perpetually maintain said public ac- engineer shall be provided for maintenance cess easements by the creation of a trust fund to purposes. Parallel streets or parkways may bear cost of same or some other such provision be required in connection therewith. No assuming perpetual care. The village council may open drainage ditches shall be permitted impose any condition or restriction it deems in within any subdivision boundaries. Storm the public interest upon any public access ease- sewers shall be covered and open ditches ment it may require under this ordinance in- may be permitted across undeveloped land eluding restrictions of improvements placed only as an outlet into an established water- thereon. course, if aright-of--way is provided. See sec- Sec. 36-25. Subdivision entrances. tion 36-31(e). (c) Access waterways. Waterways which are Areas for subdivision entrances may be per- constructed or improved for the purpose of mined in all subdivisions whether residential, providing access by water to lots within a commercial or industrial. In the event such en- subdivision shall have a minimum right- trance areas are authorized, the village council t of-way width of eighty (80) feet. (See section may require that the subdivider shall perpetually 36-31(e). maintain said entrance areas by the creation of a Sec. 36.23. g'ublic sites and open spaces. trust fund to bear cost of same or some other such provision assuming perpetual care. The village Where a proposed school site, park, playground council may impose any condition or restriction it or other public area shown on the adopted village deems in the public interest upon any entrance plan is located in whole or part within the pro- area it may authorize under this ordinance, in- posed subdivision, such sites shall be indicated on eluding restrictions of improvements placed the preliminary plat. As a condition for the ap- thereon. proval of the preliminary plat, the governing body shall require the dedication to the public of such reasonable portions of such public sites as are at- AI~,TICI,E IV. Id~EQIJIR.ED tributable by the village to the demand created by I11~I~.OV~MENTS the subdivision. In any event, a minimum of five (5) percent of the gross land area of the subdivi- Sec. 36-26. General (requirements.] sion shall be dedicated to public use. At the dis- cretion of -the village council, the developer may A Florida registered professional engineer shall be required to pay in cash an amount equal to the " be employed to design and inspect the installation fair market value of the required land, said fair of all required improvements such as street, market value to be appraised on the basis of the drainage structures, bridges, bulkheads, and water ` value of platted-land without improvements. and sewer facilities. All plans- for improvements Sec. 36.24. Access to water bodges. shall be prepared by such engineer and approved (a) Whenever a subdivision is situated with a by the village engineer prior to construction. property frontage of one thousand. (1,000) feet or The designated inspector of the village shall re- more abutting the shoreline of an ocean, gulf, lake ceive notice in adequate time to arrange for in- 2368 APPE1`iDIX C Z®NING* Art. I. In General, 45.1-45-15 Art. II. Generally, 45-16-45-26 Art. III. District Regulations, 45-27-45-39 Arts. IV, V. Reserved, 46-40-45-45 Art. VI. Amendments-Fees; Waiting Periods, 45.49-45.59 [Art. VII. Non-Conforming Uses of Land and Sti°uctures,] 45.60-45.65 *Editor's note-The zoning ordinance of the village, and amendments thereof, are printed herein as set out in the 1970 Code of the village. Amendatory provisions adopted after August 14, 1969, the cut-off date for the 1970 Code, are cited in parentheses following the amended section. Words appearing in brackets [ ]herein have been added by the editor for clarification, except that obviously misspelled words have been corrected without notation. Ordinances changing the zoning maps are not included herein. The zoning map referred to in this ordinance is not printed herein but is on file. The zoning ordinance of the village was included as Chapter 45 of 1970 Code, hence the prefix "45" to the section numbers. Cross references-Enforcement of App. C by code enforcement board, § 2-171 et seq.; planning and development, Ch. 21; streets, sidewalks and public places, Ch. 24; appearance plan, App. A; subdivision regulations, App. B. 2479 i APPENDD~ C-ZONING § 45-2 ARTICLE I. IN GENERAL the street than the adjacent front wall of the main building. No such storage area shall be erected Sec. 45-1. Short title. unless its construction conforms to village ordi- nances. The provisions embraced within this ordinance shall be known as the "zoning code" and may be Drug store is a store engaged in the sale of pre- so cited. scription drugs and other items not necessarily related to pharmaceuticals. Sec. 45-2. Definitions. Dwelling is any building or structure designed exclusively for residential occupancy. A dwelling For the purpose of this ordinance, certain words may be designed for one-family, two-family or and terms are defined as follows: multiple-family occupancy, but not including ho- Accessory use is a use customarily incident and tels, clubs, motels, boarding or lodging houses or accessory to the principal use of land or building house trailers whether such trailers be mobile or located on the same lot. located in stationary fashion as when on blocks or other foundation. Accessory building shall include a building cus- tomarily incident and accessory to the principal Dwelling unit is a single unit providing com- use of land or building located on the same lot. In plete, independent living facilities for one (1) or R-1 and R-2 residential dwelling districts an ac- more persons including permanent provisions for cessory building shall be limited to an automobile living, sleeping, eating, cooking and sanitation. garage. Family day care home is an occupied residence Child care facility means a licensed facility with in which child care is regularly provided for five more than five (5) children that are unrelated to (5) or fewer preschool children from more than the operator of the facility and which complies one unrelated family and which receives apay- with F.S. chapter 402. went, fee or grant for any of the children re- ceiving care, whether or not operated for profit. Community residential home, as defined in F.S. The maximum five (5) preschool children shall in- chapter 419, means a dwelling unit licensed to elude preschool children living in the home and ' serve clients of the department of health and re- preschool children received for day care and not habilitative services, which provides a living en- related to the resident caregiver. Elementary vironment for seven (7) to fourteen (14) unrelated school siblings of the preschool children receiving residents who operate as the functional equiva- day care may also receive day care outside of school lent of a family, including such supervision and hours provided the total number of children, in- care by supportive staff as may be necessary to eluding the caregiver's own and those related to meet the physical, emotional, and social needs of the caregiver, does not exceed ten (lU). the residents. , Detached fence storage area is a storage area Floor area is all usable floor space within the ` attached to a fence erected on the property line in exterior walls of a structure. conformance with fence requirements of the North Front, side and rear line of a building shall be Palm Beach Code. Such storage area shall not deemed and construed to include both the main exceed three (3) feet in dE~pth nor be longer or portion of such structure and all projections there- higher than the fence to which it is attached. Said from, including any garage, carport or an extended storage area shall be constructed of the same ma- roof beyond the normal eave or cornice forming a terial, design and color as the fence to which it is cover or roof over an entrance to such dwelling. . attached and the fence and storage area shall be Any awnings or shutters supported by vertical constructed of opaque materials which properly posts, columns or pipes shall also constitute the screen the interior of the storage area from the building line. The building line shall not include view of the adjacent property owners. Detached the eaves of such structures nor any open ter- fence storage areas shall not be erected closer to races, stoops, steps, or planting boxes which do 2481 § 45-2 NORTH PALM. BEACH CODE j not extend more than four (4) feet above the level shall be in the rear of the front yard facing the l of the yard grade. ~ street. Front yard is that area between the front Resident of a community residential home means building line and the front line of the lot, and any of the following: an aged person as defined in extending from one (1) side line to the other. F.S. chapter 400;. a physically disabled or handi- Liuing area is that area within any dwelling or capped person as defined in F.S. chapter 760; a rooming unit, measured between the inner sides developmentally disabled personas defined in F.S. of the exterior walls, made usable for human hab- chapter 393; a nondangerous mentally ill person itation, with the following exceptions: Any utility as defined in F.S. chapter 394; or a child as de- room or storage space that is not accessible from fined in F.S. chapter 39. Residents, as defined in within the principal structure; all common corri- F.S. chapters 400, 760, 393 and 394, shall not re- dors, hallways or exits provided for access or ver- side in the same community residential home as a tical travel between stories of apartments of mul- child as defined in F.S. chapter 39. tifamily units. Satellite television antenna is an apparatus ca- Lot is a parcel of land occupied or to be occupied gable of receiving communications from atrans- by one (1) main building and its accessory build- mitter or a transmitter relay located in planetary ings with such open and parking spaces as are orbit. Usable satellite signal is a signal which, required by the provisions of this ordinance, and when viewed on a conventional television set, is having its principal frontage upon a street. at least equal in picture quality to that received from local commercial television stations or by Lot of record is a part of the land subdivision, way of cable television. Satellite dish antennas the map of which has been recorded in the office of may be erected as an accessory structure in R-1 the clerk of the court of Palm Beach County, and R-2 zoning districts, subject to the following Florida. restrictions: Mobile home park means a residential tenancy 1. The satellite television antenna shall be. in which a mobile home is placed upon a rented or mounted on the ground only, and shall be leased lot in a park in which ten (10) or more lots located only in the rear yard of any lot. The are offered for rent or lease. satellite television antenna shall be placed so that there shall be a rear and side yard Motel is a group of two (2) or more attached, of not less than five (5) feet, or if a corner detached, or semidetached buildings containing lot, a side street yard of not less than twenty guest rooms or apartments with automobile (20) feet. storage or parking space provided in connection therewith, designed and used primarily by auto- 2. Such antenna shall not exceed fifteen (15) mobile transients. feet in height, including any platform or structure upon which said antenna is Occupied shall be deemed to include the words mounted or affixed. Such antenna may not "arranged," "designed" or "intended to be exceed fifteen (15) feet in diameter. occupied." 3. Installation of a satellite television antenna Pharmacy is an establishment engaged in the shall. comply with the village building codes, preparation of prescription drugs and the sale of ~ electrical codes, zoning codes and other vil- drugs, prosthetic supplies, surgical instruments lage codes that may apply thereto. and supplies; and sale and/or rental of aids- for 4. Not more- than one {1} satellite television invalids. antenna shall be allowed on any lot. Rear yard is that area between the rear building 5. Satellite television antennas shall meet all line and the rear lot line, and extending from one manufacturer specifications, be of noncom- (1) side line to the other. On all lots the rear yard bustible and corrosive-resistant material, 2482 APPENDIX C-ZONING § 45-6 and be erected in a secure, wind-resistant Xeriscape means a method of water conserva- manner. Every such antenna must be ade- tion gained through the utilization of trees, shrubs, quately grounded for protection against a vines, plants, groundcover and turf grasses which direct strike of lightning. are drought tolerant. The implementation of ap- 6. Satellite television antenna shall be propriate planning and design, use of soil amend- screened from all adjoining private prop- menns, efficient irrigation, practical turf grass, use erty by an opaque fence, an opaque wall or of drought tolerant plants, mulches and appro- by natural landscape planting so planted priate maintenance results in reduced water con- as to provide maximum opacity that is a sumption but still provides a very wide range of minimum of six (6) feet in height from attractive landscaping alternatives. grade. (Ord. No. 16-71; Ord. No. 22-82, § 1, 12-9-82; Ord. No. 9-85, § 1, 6-27-85; Ord. No. 17-90, § 1, 6-28-90; Setback means the distance measured from a Ord. No. 21-90, § 1, 6-28-90; Ord. No. 23-90, § 1, side, rear and front lot line or from the currently 6-28-90) designated ultimate right-of way line (i.e., fed- Cross reference-Definitions for Code in general, § 1~2. eral, state, county and village) to the closest point within the lot that may be occupied by a building Sec. 45-3. Interpretation of provisions. or an accessory structure. Front setbacks shall be In interpreting and applying the provisions of based on the platted front line of the property or this ordinance, they shall be held to be the min- on the ultimate right-of--way line as determined imum requirements for the promotion of the public by the village. health, safety, morals and general welfa~.°e of the Side yard is that area between the side building community. line and the side line of the lot and extending Sec. 45-4. Conflict of provisions. from the front building line to the rear building line. (1) It is not intended by this ordinance to inter- fere with or abrogate or annul any easements, Story is that portion of a building between the covenants or other agreements between parties. surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then (2) That where this ordinance imposes a greater the space between any floor and the ceiling next restriction upon the use of buildings or premises, above it. or upon the height of buildings, or requires larger open spaces than are imposed or required by other Street is any public or private thoroughfare ordinances, rules, regulations or by easements, which affords the principal means of access to abut- covenants, or agreements, the provisions of this ting property. It maybe designated on the map as ordinance shall control. a street, avenue, boulevard, drive, place, court, road, terrace, way, circle, lane, walk, path or oth- Sec. 45-5. Changes and amendments. erwise. The village council may, from time to time, on Time-share unit is a dwelling unit in which the its own motion or on petition, amend, supple- - right of use or occupancy circulates among var- meet, change, modify or repeal by ordinance the ious persons for specific periods of time less than boundaries or districts or regulations or restric- one (1) year in accordance with a fixed time tions herein established, after public hearing. schedule. Sec. 45-6. Penalty for violation of provisions. Used shall be deemed to include the words . "arranged", "designed" or "intended to be used." ~Y Person who shall violate any of the provi- sions of this ordinance or fail to comply therewith Yard is the open space on the same lot with the or with any of the requirements thereof, or who main building, unoccupied and unobstructed from shall build or alter any building in violation of the ground upward. any detailed statement or plan submitted and ap- 2483 § 45-6 NORTH PALM BEACH CODE ff t` proved thereunder, upon conviction thereof shall Sec. 45.17. Official zoning map. ' be punished as provided in section 1-8 [of the vil- lage Code], and each day such violation shall be (1) Adopted by reference. The aforesaid districts permitted to exist shall constitute a separate of- and the boundaries thereof are as shown upon the fense. The owner or owners of any buildings or "official zoning map" which, together with all ex- premises or part thereof, where anything in vio- planatory matter thereon, is hereby adopted by lation of this ordinance shall be placed, or shall reference and declared to be part of this ordinance exist, and any architect, builder, contractor, agent, as if the information set forth on the map was all person or corporation employed in connection fully described and set out herein. therewith shall each be guilty of a separate of- fense and upon conviction thereof shall be pun- (2) Identification. The official zoning map shall fished as provided in section 1-9. be identified by the signature of the mayor at- Editor's note-Section 1-9 of the 1970 Code is found in § tested by the village clerk, and bearing the seal of 1-s o£ this Code. the village under the following words: "This is to certify that this is the official zoning map referred Secs. 45-7-45-15. Reserved. to in section 3 of Ordinance No. 20 of the Village of North Palm Beach, Florida, as amended," to- gether with the date of the adoption of this ordi- nance. ARTICLE II. GENERALLY (3) Changes. (a) If, in accordance with the provisions of this Sec. 45.16. Division of village into districts; ordinance changes are made in district districts enumerated. boundaries or other matter portrayed on the In order to classify, regulate and restrict the official zoning map, such changes shall be uses of land and buildings, the height and bulk of entered on the official zoning map promptly buildings, the amount of open spaces about build- after the amendment has been approved by ings, intensity of land use, the Village of North the village council, with an entry on the Palm Beach, Florida is divided into ten (10) zoning ~ official zoning map as follows: "On (date), districts, as follows: by official action of the village council, the following change(s) were made in the offi- R-1 Single-family dwelling district cial zoning map: (brief description of na- R-2 Multiple-family dwelling district ture of change)," which entry shall be R-3 Apartment dwelling district signed by the mayor and attested by the C-A Commercial district village clerk, and the official changes shall C-lA Limited commercial district be made upon the official zoning map by CB Commercial district hatching or other appropriate means, in- C-1 Neighborhood commercial district eluding redraft by an engineer so as to re- C-2 General commercial district fleet the original map and the changes P Public district thereto with all official notations thereon. C-OS Conservation and open space No changes of any nature shall be made in In the creation of this ordinance of the respec- the official zoning map or matter shown tive districts, the village council has given due ~ thereon except in conformity with the pro- and careful consideration to the peculiar suit- cedures set forth in subsection (3)(a). Any ability of each. district. for the particular uses and unauthorized change of whatever kind or regulations applied thereto and to the densities of any failure to make a change when directed population, all in accordance with the comprehen- by ordinance by any person or persons shall sive development plan of the village. be considered a violation of this ordinance (Ord. No. 208-70, § 1, 3-12-70; Ord. No. 10-73, § 1, and punishable as provided under section 9:13-73; Ord. No. 20-90, § 1, 6-28-90) 45-6 of this ordinance. 2484 APPENDIX C-ZONING § 45.20 (4) Location; final authority. Regardless of the regulations applicable to each parcel of existence of purported copies of the official zoning abutting land shall apply to the portion of map which may, from time to time, be made or such street or alley added thereto by virtue published, the official zoning map which shall be of said vacation or abandonment. located in the office of the village clerk shall be the final authority as to the current zoning status (3) In case any further uncertainty exists, the of land and water areas, buildings, and other struc- village council shall interpret the intent of tures in the village. the map as to the location of such bound- aries. (5) Damaged; destroyed, etc. In the event that the official zoning map becomes damaged, de- Sec. 45.19. Buildings and uses to conform to stroyed, lost or difficult to interpret because of the district regulations. nature or number of changes and additions, the village council may, by resolution, adopt a new Except as hereinafter provided: official zoning map which shall supersede the prior A. No building shall be erected, reconstructed official zoning map. The new official zoning map or structurally altered, nor shall any may correct drafting or other errors or omissions building or land be used which does not in the prior official zoning map, but no such cos- comply with the regulations for the district sections shall have the effect of amending the orig- in which such building or land is located. final official zoning map or any subsequent amend- ment thereto. The new official zoning map shall B. No building shall be erected, reconstructed be identified by the signature of the mayor at- or structurally altered to exceed the height tested by the village clerk and bearing the seal of or bulk limits herein established for the dis- the village under the following words: "This is to trict in which such building is located. certify that this official zoning map supersedes C. The minimum open spaces around a main and replaces the official zoning map adopted (date building as provided for in this ordinance of adoption of map being replaced) as part of Or- shall not be encroached upon or be consid- dinance No. 20 of the Village of North Palm Beach, ered as open spaces for any other building. Florida." D. There shall not be more than one (1) main Unless the prior official zoning map has been building and its customary accessory lost, or has been totally destroyed, the prior map building on a lot as defined by this ordi- or any significant parts thereof remaining shall nance. be preserved, together with all available records pertaining to its adoption or amendment. Each E. The types, location and uses of buildings replacement official zoning map shall be num- and land publicly owned and used in the bered in consecutive order as adopted. performance of a public function may be (Ord. No. 208-70, 3-12-70) permitted in any district, provided such type, location and use is approved by the village council. The village council may Sec. 45-18. Boundary conflict interprets- limit the length of time of such type, lots- tions. tion and use. Where uncertainty exists as to the boundaries (Ord. No. 2-82, § 1, 1-28-82) of any district shown upon the zoning map, the following rules shall apply: Sec. 45.20. Annexed land in R-1 district. (1) Where district boundaries are indicated as Any land hereafter annexed to the Village of following street, alley or lot lines, said lines North Palm Beach, Florida, by ordinance or by shall be construed to be such boundaries. legislative definition of the municipal boundaries, (2) Where any public street or alley is here- shall be designated as part of the R-1 single-family after officially vacated or abandoned, the dwelling district until rezoned by ordinance after 2485 i § 45.20 NORTH PALM BEACH CODE public hearing with published notice as prescribed 7. Family day care home. t by law. B. wilding height regulations. No main building shall exceed two (2) stories in height and See. 45-21. Reserved. no accessory building more than one (1) story. Editor's note-Section 45-21, relative to oceanfront land in C..Butlding site area regulations. The minimum the R-1 district, has been repealed by Ord. No. 4-82, § 1, en- lot or building site area for each single-family acted Jan. 28, 1982. The former section did not bear a history dwelling shall be seven thousand five hundred note. (7,500) square feet and have a width of not less than seventy-five (75) feet, measured at the Sec. 45.22. Oceanfront land®cean setback. building line. There shall be a building setback line of no't D. Yard space regulations. less than fifty '(5`0) feet from fhe dune line, or one 1. p'ront yard. There shall be a front yard of hundred {1:00) feet from the highwater line, which- not less than twenty-five (25) feet measured ever distance is greater, for all property bordering from the street line to the front building on. the Atlantic Ocean. The measurement of the line. setback from the dune line and the highwater line shall be to the closest edge of any building to be 2. Rear yard. There shall be a rear yard of not constructed on the Atlantic oceanfront. less than twenty (20) feet measured from (Ord. No. 23-72, § 1) the rear building line to the rear lot Iine. 3. Side yards. There shall be a side yard on .Secs. 45.23-45.26. Ii.eserved. each side of the side building line of not less than ten (10) feet. In the case of corner lots, no building and no addition to any AIi,TICLE III. DISTFLICT I$EGULATI®I~S building shall be erected or placed nearer than twenty (20) feet to the side street line Sec. 45.27. I$-1single-family dwelling district. of any such lot. A. Uses permitted. Within any R-1 single-family (a) For a distance of one block on streets dwelling district no building, structure, land or intersecting U.S. #1, measured from the water shall be used except fox- one (1) or more of right-of--way line of said U.S. #l, side the following uses: yards of at least twenty-five (25) feet in depth shall be provided. 1. Single-family dwellings with accessory E. Off-street parking regulations. At least one buildings customarily incident thereto. parking space of at least two hundred (200) square 2. Public schools. feet shall be provided, consisting of a durable sur- 3. Parks and recreation facilities owned or faced area, enclosed in the dwelling, in an acces- leased by or operated under the supervi- sory building or in an unenclosed area, exclusive sion of the Village of North Palm Beach. of the driveway connecting the parking space with the street. 4. Detached fence storage areas. (Ord. No. 17-71; Ord. No. 9-85, § 2, 6-27-85; Ord. 5. Satellite dish antenna. Sec. 45.28. R-2 multiple-family dwelling dia- 6. Community residential homes. Community t~ict. residential homes of six (6) or fewer resi- A. Uses permitted. Within any R-2 multiple- dents which otherwise meet the definition family dwelling district, no building- structure, of a community residential home, provided land or water shall be used, except for one (1) or that such homes shall not be located within more of the following uses: a radius of one thousand (1,000) feet of an- other existing such home with six (6) or 1. Any use permitted in the R-1 single-family fewer residents. dwelling district. 2486 APPENDIX C-ZONING § 45-31 Table of Parking Table of Parking Uses Spaces Required Uses Spaces Required M e d i c a 1 and One (1) space for each one .such spaces shall be pro- dental clinics; doc- hundred fifty (150) square vided for each dwelling tors and dentists feet of floor area up to unit containing not more offices three thousand (3,000); one than two (2) bedrooms, and (1) additional space for two and one-half (21/z) of each additional two hun- such spaces shall be pro- dred (200) square feet up vided for each dwelling to five thousand (5,000); unit containing three (3) or one (1) additional space for more bedrooms, with the each additional two hun- provision that for an un- dred fifty (250) square feet even number of units, the over five thousand (5,000) fractional space result pro- Mortuaries or fu- Five (5) spaces per parlor or duced by the application of neral parlors chapel unit; or one (1) per such formula shall count as four (4) seats, whichever is a full space; provided, how- greater ever, that in multiple- family dwellings con- P r i v a t e clubs , One (1) per three (3) mem- taining more than thirty lodge or union bers based on the max- (30) dwellings units, for headquarters imum design capacity of each dwelling units in ex- the facility cess of thirty (30) units and Retail stores and One (1) per hundred (100) up to sixty (60) units one ersonal service s uare feet of retail floor (1) such space shall be pro- p q vided for each dwelling establishments ex- space unit containing not more cept as otherwise than two (2) bedrooms, and specified herein for each dwelling unit in Shopping centers There shall be a ratio of four excess o f sixty (6 0 ) containing five (5) (4) square feet of parking dwelling units one and one- or more stores, or (including driveways re- half (11/z) such spaces shall fifteen thousand quired for ingress and be provided for each (15,000) square egress and circulation) to dwelling unit containing feet of building each one (1) square foot of not more than two (2) bed- retail floor space rooms, and two and one- half (21/z) of such spaces Time-share units Off-street parking regula- shall be provided for each tions. For each time-share dwelling unit containing unit structure, there shall three (3) or more bedrooms, be provided two (2) or more with the provision that for parking spaces of two hun- an uneven number of dred (200) square feet each, units, the fractional space in accordance with the fol- result produced by the ap- lowing formula: Two (2) plication of such formula 2493 § 45-31 NORTH PALM BEACH CODE Table of Parking 3. The parking lot shall be drained to elimi- Uses Spaces Required pate surface water. shall count as a full space 4. Where parking lot abuts a residential dis- . (For examples: Thirty (30) trict which has common frontage in the dwellings units containing same block with the parking lot, there shall two (2) bedrooms each shall be established a setback line of twenty-five require sixty (60) off-street (25) feet from the street lot line for the first parking spaces; sixty (60) twenty-five (25) feet from the residential dwelling units containing zone. two (2) bedrooms each shall. 5. Plans for the layout of a parking lot must require ninety (90) off- be approved by the village engineer based street parking spaces; and on design standards approved by the Insti- ninety (90) dwelling units tute of Traffic Engineers. containing two (2) bed- 6. The parking lot shall not have access from rooms each shall require amore restrictive zoning district. one hundred thirty-five (135) off-street parking 7. No parking shall be permitted in the Brst spaces). ten (10) feet of the required front yard depth, measured from the front property line or Auditoriums and One (1) per three (3) people the first ten (10) feet of a side or rear yard places of assembly based on the maximum de- when the side or rear yard abuts a residen- w i t h o u t fixed sign capacity of the strut- tial zoning district, except as modified in seats ~ ture paragraph 4 above. The restriction against parking in the first ten (10) feet of the re- Veterinary estab- Five (5) spaces per veteri- quired front yard depth measured from the lishments narian based on the max- front property line shall not apply to those ~ imum design capacity of properties which have complied in full with the facility or five (5) the landscapingprovisions of Chapter 41-16 spaces for every four hun- through 41-25 [chapter 27, article III] both dyed (400) square feet of us- inclusive. able floor space, whichever g, Clearly defined driveways entering on U.~. is greater [Highway No.] 1 shall be constructed using H. Off streetparking lot layout, construction and a raised curb of at least six (6) inches in maintenance. Whenever the required off-street height to delineate the driveways. All parking requires the building of a parking lot, streets intersectingwith U.~. [Highway No.] and wherever a parking lot is built, such parking 1, currently designed driveways shall be lot shall be laid out, constructed and maintained constructed using both concrete button in accordance with the following regulations: markers of at least four (4) inches in height placed twenty-four (24) inches apart to de- l. Each parking space shall be not less than lineate the driveways. Such driveways shall .two hundred (200) square feet in area and have separate ingress and egress lanes not shall be a definitely designated and marked to exceed twenty (20) feet in width, exclu- stall adequate for one (1) motor vehicle. sive of curb. returns. 2. All areas devoted to permanent off-street The ingress and egress driveways shall parkingas required under this-sectionshall be separated by [a] six-inch raised curb is- be built in accordance with specifications land of not less than three (3) feet in width for streets and parking of the Village of and ten (10) feet in depth back from the right-of--way. Driveways for two (2) adja- North Palm Beach and maintained in such cent, separately owned parcels may be lo- manner that no dust will result from con- Gated on their joint. property line. In all tinuous use. cases, driveways may not be located closer -2494 APPENDIX C-ZONING § 45-31.1 than forty (40) feet to an intersection. Ex- adapted to local and tourist uses, and to encourage cept in cases where driveways are located the development of these locations for such uses on joint property lines, all driveways must and in such manner as to minimize traffic haz- be not less than twenty-five (25) feet from ards amd interference with other land uses. the adjacent property line. Only one (1) such combined driveway shall be permitted for B. Uses permitted. The following uses are per- each lot with a width of one hundred (100) mitted in the CB commercial district: feet or less. 1. Reserved. 9. The rear yard of all lots in the C-1A district 2. Restaurants and cocktail lounges where shall be designed and improved to facili- food and drink may be consumed on the tate loading and unloading. There shall be premises only and where eating and serving adequate space for standing, loading and areas are entirely contained within the unloading services to avoid undue interfer- building, not including drive-in hamburger, ence with public use of streets or alleys. ice cream, soft drink or other drive-in and/or I. Time-share structures; floor area. In time- carry-out eating establishments. share structures, each dwelling unit having one 3. Financial institutions. (1) bedroom shall have a minimum floor area of seven hundred fifty (750) square feet; an addi- 4. Professional offices. tional one hundred fifty (150) square feet of floor 5. Churches. area shall be required for each additional bed- room provided. 6. Personal service establishments, such as barbershops, beauty shops and health sa- J. Architecture. To provide the village with har- Ions. monious development, but without undue restric- tions, the following features are required: 7. Florist shops. 1. All building fronts and sides must be tom- 8. Clothing stores. pletely enclosed except for necessary door- 9. Stationery stores, bookstores and/or art ways for ingress and egress. supply shops. 2. No canopies are permitted unless con- 10. Pharmacies or apothecaries. strutted of metal, or other permanent ma- terials and are installed parallel to the store 11. Photographic studios and camera shops. front sidewalks not less than nine (9) feet 12. Sporting goods stores. above the sidewalk. (Ord. No. 10-72, § 1; Ord. No. 13-72, 7-13-72; Ord. 13. Personal gift shops. No. 4-73; Ord. No. 10-73, § 6, 9-13-73; Ord. No. 14. Jewelry stores. 22-82, 2, 3, 9, 12-9-82; Ord. No. 23-90, § 2, 15. Bakery shop, retail. 6-28-90) Editor's note-Section 45-31(K) entitled "Signs" was re- 16. Candy shop, retail. pealed by Ord. No. 13-72 enacted July 13, 1972. Sign regula- tions can be found in Chapter 6, Article V, of this Code. 17. Cigar/tobacco Shop. 18. Seamstress. Sec. 45-31.1. CB commercial district. 19. Shoe repair shop. A. General description. This tourist-commercial 20. Tailor shop. district is established to provide areas within which the principal use of land is devoted to tom- C. Conditions for permitted uses: mercial establishments and tourist-oriented trade. The intent is to reserve lands which, because of 1. All activities, sales and storage of goods particular location and natural features, are must be conducted entirely within com- 2495 § 45.31.1 NORTH PALM BEACH CODE pletely enclosed buildings with permanent [3.] Rear yard. All buildings less than twenty- nonmoving outside walls. five (25) feet in height or two (2) stories in 2. No outside sidewalk or parking lot storage height shall be set back from the rear lot [or) display of merchandise will be per- line so as to provide a rear yard of not less muted. than thirty (30) feet. 3. No manufacturing or production of prod- G. Off-street parking and loading regulations. ucts for retail or wholesale will be per- mitted. 1. Any area once designated as required off- street parking shall not be changed to any D. Building height regulations. No building or other use unless and until equal facilities structure shall exceed two (2) stories or twenty- are provided elsewhere. five (25) feet. Elevator towers and mechanical ap- paratus are not restricted to the twenty-five-foot 2. Off-street parking existing at the effective limit. date of these regulations in connection with E. Building site area regulations: the operation of an existing building or use shall not be reduced to an amount less than 1. Minimum building lot size. The minimum hereinafter required for a similar new lot of building site area for each commer- building or use. cial building shall be fifty thousand (50,000) square feet and have a width of not less 3. Two (2) or more buildings or uses may col- . than two hundred fifty (250) feet measured lectively provide the required off-street at the front and rear lot lines and at the parking, in which case the required number front building line. of parking spaces shall not be less than the sum of the requirements for the several in- 2. Maximum lot coverage. Main and accessory dividual uses computed separately. buildings shall cover no more than thirty- five (35) percent of the total lot area. 4. The required off-street parking shall be for 3. Minimum lot coverage. No main and acces- occupants, employees, visitors, patrons, and sory buildings shall be constructed that shall be limited in use to motor vehicles. would occupy less than ten (10) percent of The storage of merchandise, motor vehicles the total lot area or five thousand (5,000) for sale or the repair of vehicles is prohib- square feet, whichever is greater. ited. F. Yards. Table of Parking Spaces Required [l.] Front yards. All buildings facing U.S. [High- Table of Parking way No.] 1 shall set back from the right- Uses Spaces Required of-way to provide a front yard of not less i than twenty-five (25) feet. All buildings Banks, business or One (1) per three hundred shall [be] set back from the right-of--way of professional of- (300) square feet of usable streets which intersect with U.S. [Highway fices excluding floor area, plus one (1) per ~ No.] 1 providing a yard of not less than doctors and den- each three (3) employees. twenty-five (25) feet. tists [2.] Side yards. All buildings one (1) or two (2) Barbershop o r Two (2) per barber or three stories in height or less than twenty-five beauty shop (3) per beautician based on (25) feet in height shall have a combined the design capacity of the side yard minimum width of forty (40) feet. structure. Zero side yard setbacks are permitted pro- vided all other requirements of this section are complied with. 2496 APPENDIX C-ZONING § 45.31.1 Table of Parking Table of Parking Uses Spaces Required Uses Spaces Required Churches One (1) per four (4) seats; or Retail stores and One (1) per hundred (100) one (1) per thirty (30) personal service square feet of retail floor square feet of usable floor establishments, space. area of auditorium, which- except as other- ever is greater. w i s e s p e c i f i e d Restaurants and One (1) space for each herein cocktail lounges seventy-five (75) square Time-share units Off-street parking regula- where food and feet of area devoted to pa- tions. For each time-share drink may be con- tron use, or one (1) space unit structure, there shall sumed on the pre- per three (3) fixed seats, be provided two (2) or more mises only and whichever is the greater, parking spaces of two hun- where eating and plus one (1) space for each dred (200) square feet each, serving areas are one and one-half (11/z) pro- in accordance with the foI- entirelycontained jected employees who lowing formula: Two (2) within the would be actually working such spaces shall be pro- building, not in- during peak employment vided for each dwelling eluding drive-in hours. unit containing not more hamburger, ice than two (2) bedrooms, and cream, soft drink two and one-half (2i/z) of or other drive-in such spaces shall be pro- and/or carry-out vided for each dwelling eating establish- unit containing three (3) or ments more bedrooms, with the Hotels, motels and Three (3) spaces, plus an ad- provision that for an un- tourist courts ditional space for each even number of units, the guest bedroom, plus an ad- fractional space result pro- ditional space for each fif- duced by the application of teen (15) rooms or portions such formula shall count as thereof. For example, a a full space; provided, how- fifteen-room motel would ever, that in' multiple- neednineteen (19) parking family dwellings con- spaces: taining more than thirty (30) dwellings units, for M e d i c a 1 and One (1) space for each one each dwelling unit in ex- dental clinics; doe- hundred fifty (150) square cess of thirty (30) units and tors and dentists feet of floor area up to up to sixty (60) units one offices three thousand (3,000); one (1) such space shall be pro- (1) additional space for vided for each dwelling each additional two hun- unit containing not more dred (200) square feet up than two (2) bedrooms, and to five thousand (5,000); for each dwelling unit in one (1) additional space for excess o f sixty (6 0 ) each additional two hun- dwelling units one and one- dred fifty (250) square feet half (11/z) such spaces shall over five thousand (5,000). be provided for each 2497 45-31.1 NORTH PALM BEACH CODE r - H. O -street parking lot layout, construction and t maintenance. Whenever the required off-street Table of Parking parking requires the building of a parking lot, Uses Spaces Required and wherever a parking lot is built, such parking dwelling unit containing lot shall be laid out, constructed and maintained not more than two C2) bed- in accordance with the following regulations: rooms, _ and two and one- 1. Each parking space shall be not less than half (21/s) of such spaces two hundred (200) square feet in area and shall be provided for each shall be a definitely designated and marked dwelling unit containing stall adequate for one (1) motor vehicle. three (3) or more bedrooms, with the provision that for 2. All areas devoted to permanent off-street an uneven number of parking as required under this section shall units, the fractional space be built iri accordance with specifications result produced by the ap- for streets and parking of the Village of plication of such formula North Palm Beach and maintained in such shall count as a full space manner that no dust will result from con- (For example: Thirty (30) tinuous use. dwellings units containing 3. The parking lot shall be drained to elimi- two (2) bedrooms each shall nate surface water. require sixty (60) off-street 4. Where parking lot abuts a residential dis- parking spaces; sixty (60) trict which has common frontage in the dwelling units containing same block with the parking lot, there shall two (2) bedrooms each shall be established a setback line of twenty-five require ninety (90) off- (25) feet from the street lot line for the first street parking spaces; and. twenty-five (25) feet from the residential ! ninety (90) dwelling units zone. containing two (2) bed- rooms each shall require 5. Plans for the layout of a parking lot must i one hundred thirt -five be approved by the village engineer based Y on desi standards a roved by the Insti- ff-street arkin ~ pp (135) o p g spaces). tute of Traffic Engineers. Building lots con- There shall be a ratio of 6. The parking lot shall not have access from taining five (5) or four (4) square feet of amore restrictive zoning district. more stores, or fif- parking (including drive- 7, No parking shall be permitted in the front teen thousand ways required for ingress yard or the side yard. (15,000) square and egress and circulation) I. Time-share structures; floor area. In time- feet of building to each one (1) square foot share structures, each dwelling unit having one of retail floor space. (1) bedroom. shall have a minimum floor area of Veterinary estab- Five (5) spaces per veteri- seven hundred fifty (750) square feet; an addi- lishments narian based on the max- tional one hundred fifty (150) square feet of floor imum design capacity of .area shall be required for each additional bed- the facility, or five (5) room provided. spaces for every four hun- J. Architecture. To provide the village with har- dred (400) square feet of us- monious development, but without undue restric- able floor space, whichever tions, the following features are required: is greater. 1. All building fronts and sides must be com- pletely enclosed except for necessary door- ways for ingress and egress. .2498 APPENDIX C-ZONING § 45-32 2. No canopies are permitted unless con- with wet boat storage facilities, there strutted of metal or other permanent ma- shall be provided one (1) two hundred- terials and [unless the canopies] are in- square-foot parking space, exclusive of stalled parallel to the store front sidewalks workshop and office areas. not less than nine (9) feet above the side- c. For each one hundred (100) square feet walk. of workshop floor area, there shall be (Ord. No. 10-73, § 6, 9-13-73; Ord. No. 1-78, § 1, provided one (1) two hundred-square- 2-9-78; Ord. No. 22-82, 4, 5, 9, 12-9-82; Ord. No. foot parking space, and for each two 15-84, § 2, 7-12-84) hundred (200) square feet of workshop area above the first floor, there shall Sec. 46.32. C•1A limited commercial district. be provided one (1) two hundred-square- A. Uses permitted. Within any C-lA limited foot parking space. commercial district, no building, structure, land d. For each three hundred (300) square or water shall be used, except for one (1) or more feet of floor area used for office pur- of the following uses: poses, there shall be provided one (1) two hundred-square-foot parking space. 1. Reserved. e. All new marinas and major improve- 2. Hotels, motels and time-share units. ments to existing marinas shall pro- vide sewage pump-out service to boats 3. Restaurants other than drive-in restau- seven (7) meters (twenty-two and rants, including cocktail lounges. ninety-seven hundredths (22.97) feet) in 4. Nursery and private schools. length or more. 5. Golf club and its accessory uses such as res- B. Building height regulations. No main taurant, bar, driving range and equipment building shall exceed two (2) stories or thirty (30) store. feet in height at the required front, rear and side building lines. For structures in excess of two (2) 6. Professional offices including real estate of- stories in height, five (5) feet shall be added to the fices, finance offices, medical and dental required front, rear and side yards for each story clinics and the like, providing same are ar- added to the building in excess of two (2). No main chitecturally and structurally in harmony building, however, shall occupy more than thirty- with the spirit of the community. flue (35) percent of the site area so required. 7. Marinas and their accessory uses such as C. Building site area regulations. wet boat storage facilities, indoor dry boat storage facilities, gasoline supplies and such 1. For single- and multiple-family dwelling minor repair facilities as are incidental to structures, the same as required in the R-1 boat storage and which do not involve major and R-3 districts, respectively.. boat and/or engine overhaul, provided all D. Yard space regulations. facilities are architecturally and structur- ally in harmony with the spirit of the tom- 1. Front yards. munity. Provided further that: (a) For main structures of two (2) stories a. For each three thousand (3,000) cubic or less, there shall be a front yard of feet of designated boat storage space not less than fifty (50) feet measured connected with indoor dry boat storage from the street line to the front line of facilities, there shall be provided one the main building. (1) two hundred-square-foot parking (b) For structures in excess of two (2) sto- space, exclusive of workshop and office ries in height, the front yard depth re- areas. quired shall be controlled by the provi- b. For each one and one-half (11/z) desig- sions defined in paragraph B of this nated boat storage spaces connected section. 2499 § 45-32 NORTH PALM BEACH. CODE 2. Rear yard. 7. No parking shall be permitted in the first (a) For main structures of two (2) or less ten (10) feet of the required front yard depth, stories, the same as for R-1 and R-2 measured from the front property line. The district. restriction against parking in the first ten (b) For structures in excess. of two (2) sto- (10) feet of the required front yard depth ries in height, the rear depth required measured from the front property line shall shall be controlled by the provisions de- not apply to those properties which have fined in paragraph B of this section. complied in full with the landscaping pro- visions of chapter 41-16 through 41-25 3. Side yards. [chapter 27, article III], both inclusive. (a) For structures of two (2) stories or less, Each convalescent hospital and nursing the same as for R-1 and R-2 districts. home shall be provided with one (1) parking (b) For structures in excess of two (2) sto- space (200 square feet) for each six (6) beds ries in height, the side yard require- in the establishment, plus one (1) parking ments shall be controlled by the provi- space for each three hundred (300) square sions defined in paragraph B of this feet of administrative and service area section. within the building (kitchen, service halls, (c) For a distance of one (1) block on streets chapel, dining room, lounge, visiting areas intersecting U.S. [Highway No.] 1, mea- and treatment rooms). sured from the right-of--way line of said F. Floor area regulations. U.S. [Highway No.] 1, side yards of at least twenty-five (25) feet in depth shall 1. Inmultiple-family dwelling structures, each be provided. dwelling unit having one (1) bedroom shall E. Off-street parking regulations. have a minimum floor area of seven hun- dred fifty (750) square feet. An additional 1. For single- and multiple-family structures, one hundred fifty (150) square feet of floor the same as for the R-1 and R-3 districts, area shall be required for each additional respectively. bedroom provided. 2. Churches, the same as for the R-2 multiple- 2. In time-share structures, each dwelling unit family dwelling district. having one (1) bedroom shall have a min- a. For hotels, one (1) space for each three (3) imum floor area of seven hundred fifty (750) bedrooms, plus one (1) additional space for square feet; an additional one hundred fifty each five (5) employees. (150) square feet of floor area shall be re- quired for each additional bedroom pro- 4. Hotel apartments, one (1) space for each vided. dwelling unit. G. Conditions for permitted uses: 4.1. Time-sharing units, the same as for C-A commercial district. 1. All activities, sales and storage of goods must be conducted entirely within" com- 5. Motels, one (1) space for each guest bed- pletely enclosed buildings with permanent room, plus one (1) space for the resident nonmoving outside walls. manager or owner. - 2. No outside sidewalk or parking lot storage 6. Restaurants, one (1) space for each seventy- [or] display of merchandise will be per- five (75) square feet of floor area devoted to mitted. patron use, or one (1) space per three (3) (Ord. No. 10-72, § 2; Ord. No. 4-73; Ord. No. 10-73, fixed seats, whichever is the greater, and § '7, 9-13-73; Ord. No. 14-74; Ord. No. 14-76, § 1, one (1) space for each one and one-half (11/z) 7-8-76; Ord. No. 22-82, 6, 7, 9, 12-9.82; Ord. No. projected employees who would be actually 9-87, § 1, 5-28-87; Ord. No. 17-90, § 4, 6-28-90; working during peak employment hours. Ord. No. 23-90, § 3, 6-28-90) 2500 APPENDIX C-ZONING § 45-33 Sec. 45.33. C-1 neighborhood commercial dis• structures however, shall occupy more than thirty- trict. five (35) percent of the site area so required. A. Uses permitted. Within any C-1 neighbor- C. Building area regulations. For single- and hood commercial district, no building, structure, multiple-family dwelling structures, the same as land or water shall be used, except for one (1) or for the R-1 and R-3 districts, respectively. more of the following uses: D. Yard space regulations. There shall be a front 1. Any use permitted in the C-lA limited com- Yard of not less than fifty (50) feet measured from mercial district. the street line to the front building line, except along both sides of U.S. 1, no setback less than 2. Any retail business or commercial use one hundred (100) feet in depth measured from which does not involve the manufacturing the front building line shall be provided. or processing of products. For a distance of one (1) block on streets inter- 3. Personal service establishments, including, secting U.S. 1, measured from the right-of--way but not limited to, banks, barbershops, line of said U.S. 1, side yards of at least twenty- bowling alleys, beauty salons, medical and five (25) feet in depth shall be provided. dental clinics, professional and other of- fices, funeral homes, filling stations, shoe (a) For single-family and for multiple-family repair shops, laundry pickup stations and residential structures, there shall be rear self-service laundries, furniture display Ym'd and side yard setbacks the same as set stores and drugstores. forth in the R-1 and R-3 zoning districts, respectively, except as modified below: 4. Theaters, but not drive-in theaters. (i) On corner lots intersecting U.S. 5. Dry cleaning plants using modern, auto- Highway No. 1 where the front of the matic cleaning systems with a completely building is on the intersecting street enclosed process and with solvent and vapor and the side yard of the building is on recovery units designed to prevent the emir- U.S. Highway No. 1, the minimum side Sion of objectionable odors and effluent, pro- yard setback on U.S. Highway No. 1 vided: shall be one hundred (100) feet mea- (a) That such establishments employ not sured from the street line to the side more than five (5) persons on the pre- building line, and only for structures mises, exclusive of owner or manager in excess of twenty (20) stories in height and employees who spend the greater shall five (5) feet be added to the re- part oftheir time outside of, rather than quired side yard for each story added on the premises, such as delivery men, to the building in excess of twenty (20). salesmen or business solicitors. (ii) On lots bordering the established bulk- (b) That such cleaning process meets with head line, the Intracoastal Waterway the approval of the building official and line or any existing bulkhead, the max- the fire chief, that it complies with all imum required rear yard and side yard building code provisions and fire pre- setbacks shall be twenty (20) feet from vention provisions of the Village of the established bulkhead line, Intrac- oastal Waterway line or existing bulk- North Palm Beach. head, whichever is closest in distance 6. Mobile home park. to the building line; provided, however, that said bulkhead line, Intracoastal B. Building height regulations. For buildings Waterway line or existing bulkhead is in excess of two (2) stories or thirty (30) feet in at least five hundred (500) feet from height, five (5) feet shall be added to the required the opposite bulkhead line, Intracoastal front-yard setback for each story in excess of two Waterway line or existing bulkhead, (2) or in excess of thirty (30) feet in height. No whichever is closest. 2501 45-33 NORTH PALM BEACH CODE ~ - All other space regulations shall apply to have a minimum floor area of seven hun- such buildings. dyed fifty (750) square feet. An additional E. Off-street parking regulations. one hundred fifty (150) square feet of floor 1. Same as for the C-1A limited commercial area shall be required for each additional district for dwellings, churches, motels, ho- bedroom provided. tels, time-share units and restaurants. 2. In time-share structures,. each dwelling unit 2. For general business, commercial or per- having one (1) bedroom shall have amin- sonal .service establishments, one (1) space imum floor area of seven hundred fifty (750) for each one hundred (100) square feet of square feet. An additional one hundred fifty nonstorage first floor area, plus one (1) space (150) square feet of floor area shall be re- for each two hundred (200) square feet of quired for each additional bedroom pro- nonstorage area above the first floor. vided. 3. Medical or dental offices or clinics, one (1) G. Conditions for permitted uses: space for each one hundred fifty (150) square 1. All activities, sales and storage of goods feet of floor area, up to three thousand must be conducted entirely within com- (3,000) square feet; one (1) additional space pletely enclosed buildings with permanent for each additional two hundred (200) nonmoving outside walls. square feet of floor area up to five thousand i (5.,000) square feet; one (1) additional space 2. No outside sidewalk or parking lot storage for each additional two hundred fifty (250) (or) display of merchandise will be per- square feet of floor space in excess of five mitted. thousand (5,000) square feet. (Ord. No. 20-72, § 1; Ord. No. 4-73; Ord. No. 10-73, j 4. Offices, one (1) space for each three hun- 8, 9, 9-13-73; Ord. No. 22-82, 8, 9, 12-9-82; dred (300) square feet of floor area used for Ord. No. 9-87, § 2, 5-28-87; Ord. No. 23-90, § 4, office purposes. 6-28-90) 5. Schools and public buildings, one (1) space for each four (4) seats in the main audito- Sec. 45.34. C-2 general commercial district. rium or place of assembly. A. Uses permitted. Within any C-2 general com- b. Theaters, auditoriums, one (1) space for each mercial district, no buildnng, structure, land or four (4) seats. water shall be used, except for one or more of the 7. No parking shall be permitted in the first following uses: ten (10) feet of the required front yard depth, 1. Any use permitted in the C-1 neighborhood measured from the front property line. The commercial district. restriction against parking in the first ten (10) feet of the required front yard depth 2. Automobile laundry. measured from the front property line shall 3. Bakery. not apply to those properties which have complied in full with the landscaping pro- 4. Cold storage and frozen food lockers. visions of chapter 41-16 through 41-25 5. Contractor's storage and equipment yards. [chapter 27, article III], both inclusive. 6. Dry cleaning, dyeing and laundry establish- 8. Furniture display stores, one (1) space for menu. each four hundred (400) square feet of sales area. 7. Mechanical garage. F. Floor area regulations. 8. Plumbing sales room, shop and storage 1. In multiple-family dwelling structures, each Yards. dwelling unit having one (1) bedroom shall ~ 9. Printing and publishing establishments. 2502 APPENDIX C-ZONING § 45-35.1 10. Building materials storage and sales. sive odors in such concentration as to be 11. Wholesale distribution warehouse. readily perceptible at any point at or be- yond the lot line of the property on which 12. Boat building, repair and storage. the use is located. 13. Establishments similar in character to 7. Each use shall be operated so as to lessen those enumerated above, subject, however, the danger from fire and explosion. to the express approval of the village council. C. Building height regulations, building area regulations, yard space regulations, off-street 14. Assembly, precasting and precutting ofcon- parking regulations, floor area regulations. The Crete, steel, wood or other construction com- height of buildings, the site area of buildings, yard ponents. spaces, off-street parking and floor area regula- B. Performance standards. Every commercial tions in zoning district C-2 for all structures shall use located within the C-2 general commercial dis- be the same as required in the C-1 neighborhood trict shall be so operated as to comply with the commercial district. following maximum performance standards: (Ord. No. 15-72, § 1) 1. Objectionable noises due to intermittence, beat frequency or shrillness shall be muf- Sec. 45.35. PuTolic district. fled or eliminated so as not to become a nuisance to adjacent uses. Sound levels Within any P public district, uses shall be re- shall bemeasured with a sound level meter stricted to those necessary or essential to the ad- and associated octave band filter manufac- ministration and operation of the village or any tured according to the American Standards other governmental agency, including, but not lim- Association. ited, to village hall, recreation facilities, water- works, pumping stations and sewage facilities. 2. Every use shall be so operated that ground (Ord. No. 3-82, § 1, 1-28-82) vibration inherently and recurrently gen- erated is not perceptible. Sec. 45.35.1. Planned unit level®pgnent. 3. Every use shall be so operated as to pre- ventthe emission of smoke, from any source I: Statement of intent. whatever, to a density greater than de- A. The intent of this section is to provide, in scribed as Number 1 on the Ringelmann the case of a commercial planned unit de- Chart. velopment consisting of two and one-half 4. Every use shall be so operated as to pre- (2.5) or more acres and in the case of a res- vent the emission into the air of dust or idential planned unit development of five other solid matter which may cause damage (5) or more acres, an added degree of flexi- to property or discomfort to persons or an- bility in the placement and interrelation- imals at or beyond the lot line of the prop- ship of the buildings and uses within the erty on which the use is located. planned unit development, together with 5. Every use shall be so operated as to pre- the implementation of new design concepts. vent the discharge into any drainage ditch, At the same time the intensity of land use, stream, lake or ground of any waste which density of population and amounts of light, will be dangerous or discomforting to per- air, access and required open space will be sons or animals or which will damage plants maintained for the zoning district in which or crops or the public water supply beyond the proposed _project is to be located. The the lot line of the property on which the use village council hereby determines that the is located. regulations pertaining to intensity of land use, density of population and required open 6. Every use shall be so operated as to pre- space are the minimum requirements for vent the emission of objectionable or offen- the protection and promotion of the public 2503 i § 45-35.1 NORTH. PALM. BEACH. CODE. health, safety and general welfare. Nothing essary submittals demonstrating ac- herein should be construed as allowing de- ceptability of all factors and standards viation for uses other than those specified evaluated in subsection N(A). as permitted uses, nor any greater density 8. All dwelling unit sizes, parking cri- of population nor any less required open teria and building site coverage must space than that which is specified in this meet the requirements of the zoning chapter for the zoning district in which a code for each type of proposed use. proposed project is to be located. g. All land included for the purpose of de- B. Subject to the foregoing statement of in- velopment within a planned unit de- tent, the village. council may, in the case of velopment shall be owned or under the commercial and residential planned unit de- unified control of the applicant for such velopments, allow for minor modifications zoning designation, whether the appli- of the provisions of this chapter in accor- cant is an individual, partnership, cor- dance with the procedure set forth in sub- poration, trust or group of individuals, sections II, III, IV and V. partnerships, trusts or corporations. The applicant shall present satisfac- II. Filing of application. tort' evidence of the unified control of A. Any person may file an application with the entire area by applicant within the the village council for minor modifications proposed planned unit development and of the provisions of this chapter. This ap- shall state agreement that, if he pro- plicationshall contain at least the following: ceeds with the proposed development, 1. All application and review procedures he will: shall comply with section 21-12, a. Do so in accordance with the offi- Changes to zoning ordinances and sec- cially approved development plan tion 45-49, Application for rezoning, of and such other conditions or mod- ~ this Code. ifications as may be attached to the 2. A statement listing and fully ex- conditional use. plaining the specific modifications of b. Provide agreements, covenants, the provisions of this chapter 45 which contracts, deed restrictions or sure- are desired, as well as the purposes for ties acceptable to the village which the modifications are intended. council, both for completion of the 3. All application procedures shall be as undertaking in accordance with • required by the subdivision provisions the adopted development plan, and of this Code. also for the continuing operation 4. Compliance with the village compre- and maintenance of areas, func- hensive plan is required. tions and facilities which the plan 5. Land covered by the development plan shows are. not to be operated or shall be platted concurrently with final maintained at general public ex- approval of the development plan. pense. 6. The fee for filing an application fora c. Bind his development successors in planned unit development shall be one title to any commitments made hundred dollars ($100.00) per acre for under subsections a. and b., pre- each acre contained within the ceding. boundary of the development plan, plus a prorated amount of the per acre fee 10. Any tract of land for which a planned for any portion of the development plan unit development is made shall con- which exceeds evenly divisible acreage. tain sufficient width, depth and 7. The final approved development plan frontage on a public dedicated arterial shall include the plat drawings and nec- or major street or appropriate access 2504 I APPENDD~ C-ZONING § 45-35.1 which will accommodate the proposed fares and to street and road intersec- use and design. tions; and, the general character and 11. In the event any building or structure intensity of the existing and potential built under this section is destroyed or development of the neighborhood. In removed by or for any cause, said addition, where appropriate, the com- building or structure, if replaced, shall mission shall determine that noise, vi- be replaced with a building or strut- oration, odor, light, glare, heat, elec- ture of similar size and type not ex- tromagnetic or radioactive radiation, or reeding the dimensions of the original other external effects, from any source building or structure. The developer whatsoever which is connected with the shall include the appropriate deed re- proposed use, will not have a detri- strictions and/or covenants so as to re- mental effect upon neighboring prop- quire replacement as outlined above. erty or the neighboring area in gen- eral. III. Referral to planning commission. The vil- 3. The location and height of buildings, lage council shall refer each application fora the location, nature and height of walls planned unit development to the planning tom- and fences, and the nature and extent mission for study and recommendation. of landscaping of the site shall be such N. Action of planning committee (commission.] that they will not hinder or discourage the proper development and use of ad- A. After a study of an application for a planned jacent land and buildings nor impair unit development and the required public the value thereof. hearing, the planning commission shall 4. The standards of density and required make a recommendation to the village open space in the proposed project are council to approve, approve as modified, or at least equal to those required by this reject the application based upon the fol- ordinance in the zoning district in lowing standards: which the proposed project is to be lo- t. The proposed use or uses shall be of rated. such location, size and character as to 5. There shall be no uses within the pro- be inharmony with the appropriate and posed project which are not permitted orderly development of the zoning dis- uses in the zoning district in which the trict in which situated and shall not be proposed project is to be located. detrimental to the orderly development Exception: A mixed use occupancy may be of adjacent zoning districts. allowed if the existing zoning district usage 2. The location and size of the proposed is commercial. The mixed usage occupancy use or uses, the nature and intensity of shall only be residential and mercantile or the principal use and all accessory uses, residential and business. the site layout and its relation to streets B. The commission may recommend such giving access to it, shall be such that changes or modifications in the proposed traffic to and from the use or uses, and plan as are needed to achieve conformity to the assembly of persons in connection the standards as herein specified. The rea- therewith, will r_ot be hazardous or in- sons for the changes or modifications shall convenient to the neighborhood nor con- be included in the recommendation. flirt with the normal traffic of the neighborhood. In applying this stan- C. The commission shall not recommend the dard, the commission shall consider, project unless it finds that all of the stan- among other things: convenient routes dards as herein specified have been met. If for pedestrian traffic, particularly of there are minor modifications to the provi- children; the relationship of the pro- sions of this chapter, the commission may posed project to main traffic thorough- recommend its approval at the same time. 2505 Ilf § 45-35.1 NORTH PALM BEACH CODE It shall also, where it deems appropriate 4. Floadplain manag~xnent.. and necessary, recommend to the village council those conditions to be imposed upon 5. Fisheries management. the project, its operation, or both, that are 6. Protection of vegetatve~community or wild- needed to assure adherence to the aforesaid life habitats. standards. 7. Residential and administrative buildings V. Action of village council. The village council, for the protection of the C-OS district. upon the receipt from the planning commission of the report on the planned unit development and C. Coastal zone protection. The Village of North the minor modifications to the provisions of this Palm. Beach adopts, by reference, the Palm Beach chapter may, after the required public hearing, County Coastal Protection Ordinance No. 90-2 in approve or reject such project and modifications, its entirety. incorporating with an approval such conditions as (Ord. No. 20-90, § 2, 6-28-90; Ord. No. 25-90, § 1, the council deems appropriate. The approval shall 6-28-90) be by ordinance. VI. Effect of approval of village council. The ap- Sec. 45-36. General provisions. proval of the application by the village council shall allow the building official to issue a building The provisions of this article shall be subject to permit in conformity with the application as ap- the following provisions and exceptions: proved. This permit shall specify with particu- larity the exact modifications to the provisions of A. Chimneys, water tanks, radio or television this chapter which have been approved. The holder towers, church spires, elevator lofts, flag- of this permit may then proceed with his project poles and parapet walls may be erected in conformity with said permit. No deviations from above the height limits herein established. the conditions of the permit shall be allowed ex- A-1. No addition to any building and no struc- cept those which shall be in conformity with the ture or object shall be erected, placed or basic provisions of this ordinance as they apply to maintained or built to a height which ex- the zoning district in which the project is located. ceeds four (4) stories or sixty (60) feet where (Ord. No. 23-79, § 1, 10-25-79; Ord. No. 16-87, § 1, any portion of said building or of the prop- 10-22-87) erty upon which it is located is within five hundred feet of any R-1, single-family Sec. 45.35.2. C-OS conservation and open dwelling district. space district. B. Swimming pools shall be set back at least A. Intent. The intent of this section is to pro- seven and one-half (71/z) feet from the back vide for land uses and activities within land areas property line measured from the rim of the designated for the primary purpose of conserving pool and not less than five (5) feet from the or protecting natural resources of environmental side property line including the two-and- quality. one-half-foot walk around the pool. The highest projection of the swimming pool B. Uses permitted. Within any part of the C-OS shall not exceed two (2) feet. Outdoor fire- conservation and open space district,. no building, places not exceeding six (6) feet in height structure, land or water shall be used, except for maybe erected and maintained, said struc- one or more of the following uses: ture, however, shall not be erected within 1. Passive recreation. five (5) feet of any rear lot line. 2. Flood control. (a) Swimming pools may be enclosed by screening provided same are not 3. Protection of quality or quantity of ground erected closer than five (5) feet from water or surface water. the side and rear yard lines. '2506 APPENDIX C-ZONING § 45-36 (b) No swimming pool shall be located in power and .having minimum cab dimen- the area lying between the front prop- sions which will permit the use of the ele- erty line and the front building line in vator cab by normal size emergency ambu- the R-1 and R-2 zoning districts. lance stretchers, and in all commercial C. Detached garages not more than one (1) buildings two (2) stories to four (4) stories in height which are not equipped with ele- story in height may be .erected and main- vators having minimum cab dimensions tained within seven and one-half (71/z) feet which will permit the use of the elevator of the rear line of any such lot. cab by normal size emergency stretchers, (D. 1 Walls and fences built within the area be- there shall be a minimum of one (1) access ~-J tween the property line and the building stairway serving every story. Such stairway setback line shall not exceed six (6) feet in shall have the following minimum dimen- height; provided, however, that no walls or sions: fences may be erected between the front (1) Minimum width of stairway to be five yard setback and the street line, nor may (5) feet. walls or fences exceed four (4) feet in height (2) Minimum dimensions of all landings for a distance of forty (40) feet from any to be ten (10) feet by six (6) feet, six (6) body of water located within the village. inches. On corner lots, walls or fences shall not ex- H. Patios connected to the rear of a dwelling Geed four (4) feet in height within the area between the side line of the lot which fronts unit may be enclosed by screening provided on a street, and the front building setback there shall be a rear yard of not less than line extended of the adjacent side street lot. fifteen (15) feet measured from the rear of On all building permits for walls or fences the screened enclosure to the rear lot line. greater than four (4) feet in height that are I. There shall be a front yard of not less than to be located outside building setback lines, forty (40) feet measured from the street line there shall be a prominent notice that a to the front building line in the case of Lots village building permit in no way offsets 11 to 35 inclusive, Block 3, as shown on the the deed covenants, and that the applicant plat of Village of North Palm Beach, Plat 1, should also check the deed covenants topro- recorded in plat book 24, page 205, Public tect himself. Records of Palm Beach County, Florida. E. In the event one (1) lot, or portion thereof, J. Whenever, by this ordinance, off-street and the whole or a portion of a contiguous parking is required in any commercial dis- lot, all in one (1) ownership, shall be used trict or in any R-3 apartment dwelling dis- as one (1) building site for one (1) residence trict, no such parking facilities shall be building, and its appurtenant outbuildings hereafter constructed until a permit permitted by this ordinance, then while so therefor shall have been issued by the owned and used the side lines and rear line building inspector, and until the plans and of such site shall be deemed to be the side specifications therefor are such that: and rear lot lines of such sites. a. Such off-street parking area is designed F. No business, professional or otherwise, and with appropriate means of vehicular ac- no home occupations shall be carried on in cess to a public street or alley. any dwelling structure. b. Such off-street parking area is designed with appropriate vehicular maneu- G. In all multifamily residential buildings two verng areas. (2) stories or greater in height, and in all c. Such off-street parking area is paved commercial buildings over four (4) stories with an asphaltic or concrete surfacing, in height, which are not equipped with el- or other material designed to prevent evators provided with standby emergency dust: 2507 § 45-36 NORTH. PALM. BEACH. CODE d. Such off street parking area is so con- location in said village of another gasoline strutted, graded and surfaced as topre- or oil filling station or service station. vent surface water from draining onto public right-of--way, or on adjoining The method of measurement that shall properties, the outlets for such surface apply in such cases shall be by measure- waters to be connected directly or indi- ment of the airline distance made or taken rectly to storm sewer conduits termi- from the nearest boundary of the lot or pre- nating in existing publicly controlled miles where such proposed station would waterways or in other seepage areas be located to such building or structure used approved by the building department. as a church, hospital, school or other lim- e. Such off-street parking areas shall be filar institution to the boundary of the lot or used for vehicular traffic only, with no premises where the existing station is sales, dead storage, repair work, dis- erected. Nothing in this section shall pro- mantling or servicing of any kind un- hibit, however: less expressly permitted by the zoning a. The operation of existing gasoline or of the district in question. oil filling stations or service stations. f. If lighting of such areas is to be pro- b. The improvement, alteration or recon- vided, the plans therefor shall be such struction of any presently existing gas- that such lighting shall reflect away oline or oil filling station or service sta- from any public street and at such an tion. angle as to prevent glare or undue il- c. The construction of gasoline or oil lumination of residential properties in filling stations or service stations for the neighborhood. which permits have been issued prior K. No carnival, fair, amusement park or circus to the date of this ordinance, but which shall be carried on in any residential or are not presently under construction. commercial zoning district in the Village of M. Building height regulations. North Palm Beach, including zoning dis- (1) Within the area of the Village of North tricts R-1, R-2A, R-3, C-A, C-1A, C-1 and palm Beach which lies north of the In- C-2; provided, however, that a carnival, fair or circus may be carried by a nonprofit or- tracoastal Waterway and west of U.S. ganization to collect funds to further the Highway No. 1, no building or struc- purposes of such organization at the pre- ture shall exceed sixteen (16) stories or mises where the organization is located one hundred sixty (160) feet. Elevator within the Village of North Palm Beach. towers and mechanical apparatus are No such carnival, fair or circus shall ex- not restricted to the one-hundred-sixty- tend for more than three (3) consecutive foot limit. days, and no such carnival, fair or circus (2) Within the area of the Village of North may be open to the public between the hours Palm Beach which lies north of the In- of 10:00 p.m. and 10:00 a.m. during any tracoastal Waterway and east of U.S. day. A permit for such permitted carnival, Highway No. 1, no building or struc- fair or circus must be obtained from the ture shall exceed twenty-two (22) sto- office of the village manager. There will be ries or two hundred twenty (220) feet. no charge or fee for such permit. Elevator towers and mechanical appa- ratus are not restricted to the two- L. No gasoline or oil filling stations and no hundred-twenty-foot limit. service station shall be erected within five (3) Within the area of the Village of North hundred (500) feet of any church, hospital, Palm Beach which lies south of the In- school or other similar institution where tracoastal Waterway and east of U.S. large numbers of pedestrians congregate, Highway No. 1, no building or stru~- nor within one thousand (1,000) feet of the ture shall exceed four (4) stories or forty 2508 APPENDD~ C-ZONING § 45-37 (40) feet. Elevator towers and mechan- open for the sale and service of food; ical apparatus are not restricted to the provided, however, that the provisions forty-foot limit. of this subparagraph (4) shall not (4) Within the area of the Village of North permit a license to be issued under this Palm Beach which lies south and west ordinance for restaurants or other li- ofthe Intracoastal Waterway and west tensed retail sale of alcoholic bever- of U.S. Highway No. 1, no building or ages where the proposed place of busi- structure shall exceed four (4) stories ness is within one thousand (1,000) feet or forty (40) feet. Elevator towers and of a church, public or private school, mechanical apparatus are not re- hospital, public park or public play- stricted to the forty-foot limit. ground. N. [Location of business for retail sales of alto- O. Xeriscape landscaping practices. Properties holic beverages.] within all zoning districts are encouraged to uti- (1) No licensed retail sales of alcoholic Bev- lize xeriscape landscaping practices to simulta- neously enhance the appearance of the property erages shall be carried on where the while requiring less water and energy. Xeriscape proposed place of business is within one practices in the village shall be based on the latest thousand (1,000) feet of a church, public published South Florida Water Management Dis- or private school, hospital, park orplay- trict xeriscape manual. ground, or a place of business of an- (Ord. No. 209-70, § 1; Ord. No. 2-71, § 1; Ord. No. other licensed retail seller of alcoholic 1-72, § 1; Ord. No. 11-74, § 1; Ord. No. 11-75, § 1, beverages. 9-11-75; Ord. No. 2-76, § 1, 2-26-76; Ord. No. 3-77, (2) The measurement provided above for § 1, 2-24-77; Ord. No. 15-85, § 1, 9-12-85; Ord. No. one thousand (1,000) feet shall be made 21-90, § 2, 6-28-90) or taken from the main front entrance or entrances of such church, public or private school, hospital, park or play- Sec. 45.37. Historic site overlay district. ground, or a place of business of an- A. Purpose. The historic site overlay district is other licensed retail seller of alcoholic used to impose special development restrictions beverages, to the main front entrance on identified areas. The locations of this overlay of the applicant's proposed place of busi- district are established by the Village based on ness along the route of ordinary pedes- the need for special protective measures at those trian traffic. locations. The historic site overlay district im- (3) The restrictions of section 45-36 shall poses different standards than those that would not apply to the sale of beer, ale or wine otherwise apply. at retail, not to be consumed on the premises. B. Definitions. [For purposes of this section, the (4) The restrictions of section 45-36 shall following words shall have the meaning ascribed not apply to any presently existing li- to them in this subsection:] tensed retail seller of alcoholic Bever- Building. A structure created to shelter any ages so long as such licensee continues form of human activity. This may refer to a house, to be so licensed at its present location, barn, garage, church, hotel, or similar structure. nor to any bona fide restaurant as de- Buildings may refer to a historically or architec- fined and licensed under Florida Stat- turally related complex, such as municipal build- utes as a restaurant with full kitchen ings, or a house and barn. Parking lots and ga- facilities, regardless of size or seating rages are hereby deemed to be "buildings." capacity, where alcoholic beverages are served solely as an accessory use to the Cultural resource. A site, object, structure, .restaurant at tables only and not at a building or district listed in the Village's register bar and only when such restaurant is of historic sites. 2509 § 45-37 NORTH PALM BEACH CODE- . Demolition. The tearing down or razing of trict, by the owner of a site, building, structure, twenty-five (25) percent or more of a structure's object or area within the proposed district. By adop- external walls. tion of this ordinance, those sites within the Vil- lage of North Palm Beach that have been classi- District. Ageographically definable area pos- fied as a "Florida historic site" by the Division of sessing a significant concentration, linkage, or con- Archives, History and Records Management, tinuity of sites, buildings, structures, objects, or Florida Department of State, are hereby placed areas, which are united historically or aestheti- on the local register. cally by plan or physical development. A district may be comprised of individual resources which E. Placement on Zocal register. The following are separated geographically but are linked by procedure shall be followed for placement of sites, association or history. buildings, structures, objects, areas and districts Object. A material thing of functional, aesthetic, on the local register: cultural, historical or scientific value that anay 1. A nomination form, available from the de- be, by nature of design, movable, yet related to a partment of public services, shall be com- specific setting or environment. pleted by the applicant and returned to the Ordinary maintenance. Work which does not re- department. quire a construction permit and that is done to 2. Upon receipt of a completed nomination repair damage or to prevent deterioration or decay form, including necessary documentation, of a building or structure or part thereof as nearly the director shall place the nomination on as practicable to its condition prior to the damage, the agenda of the next regularly scheduled deterioration, or decay. meeting of the village planning commis- sion. If the next regularly scheduled Original appeara~ace. That appearance (except meeting of the planning commission is too for color) which, to the satisfaction of the village close at hand to allow for the required no- council, closely resembles the appearances of ei- tice to be given, the ,nomination shall be ther: placed on the agenda of the succeeding reg- (1) The feature on the building as it was orig- ularly scheduled meeting. finally built or was likely to have been built, Adequate notice of the planning commis- or lion's consideration of thenomination shall (2) The feature on the building as it presently be provided to the public at large, and to exists so long as the present appearance is the ownerO of the nominated property(ies), appropriate, in the opinion of the village at least fifteen (15) days in advance of the council, to the style and materials of the meeting at which the nomination will be building. considered by the council. C. Creation of local register of historic sites. A 4. The planning commission shall, within local register of historic sites is hereby created as thirty (30) days from the date of the meeting a means of identifying and classifying various at which the nomination is first on the plan- sites, buildings, structures, objects and districts ning commission agenda, review the nom- as historic and/or architecturally significant. The ination and write a recommendation local register will be kept by the director of public thereon for consideration by the village services. council. The recommendation shall include specific findings and conclusions as to why D. Initiation of placement on local register. the nomination does or does not meet the Placement of sites, buildings, structures, objects appropriate criteria for fasting on the local or districts on the local register may be initiated register. The recommendation shall also in- by the village council. In addition, placement may elude any owner's objection to the listing. If be initiated by the owner of the site, building, the nomination is of a district, the recom- structure, object or area; or, in the case of a dis- mendation shall also clearly specify, 25.10 APPENDI% D FItANCIIISES Included herein is a listing of franchises of the village: Ordinance Adoption Term Expiration No. Date Subject Franchise (years) Date 2 7-22-57 Electricity Florida Power 30 1987 & Light Co. 5 10-22-56 Water and North P a l m 30? 1986 sewage Beach, Utili- ties, Inc. 36 10-14-58 Telephone and Southern Bell 30 1988 telegraph Telephone and Telegraph 37 10-28-58 Gas Green's Fuel of 30 1988 Florida Corp. 116-1965 3-23-65 CATV Burnup & 30 1995 Sims, Inc. 156-67 9-19-67 Amends Ord. Burnup , & - - No. 116-1965 Sims, Inc. 168-67 12-19-67 Amends Ord. Green's Fuel of - - No. 37 Florida Corp. 216-70 9-10-70 Amends Ord. Burnup ~ - - No. 116-1965 Sims, Inc. 11-80 5-22-80 Gas Florida Public 30 2010 Utilities Co. 14-80 '1-10-80 Electric Florida Power 30 2010 & Light Co. [The next page is 2819] 2619 l STATUTORY REFERE1eTCE TABLE This table shows the location within this Code, either in the text or notes following the text of references to the state law or related matters. _ Section Section Section this Code Section this Code 1.01 27-31 205.053 17-20 1.01 et seq. 1-2 205.192 17-22 ch. 22F App. B, Art. II, § 210.03 17-33 36-10 ch. 252 Ch.8 ch. 39 App. C, § 45.2 253.125 7-19 ch. 98 Ch. 10 316.008 Ch. 18 ch. 101 10.7 316.1955, 316.1956 18-37 161.55(1)(d) 6-156 320.01(1) 14-37 161.041 6.153 ch. 327 Ch.5 161.053 6-154 335.065 App. B, Art. IV, § 162.12(2) 2.180 36-29.1 ch. 163 12.5-1 337.401(3) 28-3 21-1 342.03 Ch. 5 21-11 ch. 373 19-200 21-43, 21-44 ch. 380 21-44 App. B, Art. I, § App. B, Art. II, § 36-2, App. B, Art. I, 36-10 § 36-4 393 App. C, § 45-2 App. B, Art. II, § ch. 394 App. C, § 45-2 36-16 ch. 400 App. C, § 45-2 App. B, Art. VI ch. 402 App. C, § 45-2 163.161 et seq. 21-O1 402.302(4), ch. 163.170, App. B, Art. II, § 402.302(5) 17-33 §163.3164(17) 36.10 ch. 403 19-117 163.225(3)(a)-(c) 5-86 ch. 419 17-33 163.295 6-150 App. C, § 45-2 163.3161 et seq. Ch. 21, Art. II ch. 472 App. B, Art. I, § 36-6 163.3177 21-44 553.73 6-154 163.3178 6-155 11-11 21-44 553.73(2) 6-2 ch. 166 6-16 561.01 3-1 Ch. 24 561.01 et seq: Ch. 3 Ord. No. 2478 § 3 563:01 3-1 166.021 Ch. 17, Art. II 564.01 3,1 166.221 17-34 565.01 3-1 166.231 Ch. 26, Art. III ch. 650 Ch. 2, Art. V, Div. 2 ch. 170 21-2 2-136 170.01 Ch. 24 650.02 2-136 chs. 175 2-163 760 App. C, § 45-2 175.101 26-17 870.041-870.048 8-16 ch. 177 App. B, Art. I, § 36-2 943.25(3) 1-9 App. B, Art. II, § 943.25(5) 1-9 36.8 App. B, Art. II, § 36-15 App. B, Art. IV, § 36-27 185 2-163 - 185.08 26.16 ch. 205 Ch. 17, Art. II 205.043(2), 205.043(3) 17-24, 17.25 [The next page is 2869] 2818 t CODE COMPARATIVE TABLE-ORDINANCES Adoption Section Ord. No. Date Section this Code 15-84 7-12-84 1 Added 45-31,1(B) (15)-(20) 2 Rpld 45-31.1(B)(1) 6-85 5- 9-85 1 19-202(b) 7-85 5- 9-8~ 6-119(b)(4) 9-85 6-27-85 1 App.. C, § 45-2 2 App. C, 4'5.27(A)(5) 3 App. C, § 45-28(A)(5) 11-85 ~ 7-11-85 l 2-153(a) 12-85 7-11-85 1, 2 ~ 2-166(a), (b) 13-85 8- 8-85 I, 2 11-11, 11-12 14-85 8.22-85 1 14-44 2 14-46 I5-85 9-12-85 1 App. C, § 45-36(N) 18-85 10-24-85 1 19-18. 19-85 10-24-85 1 2-176(d) 2.86 3-27-86 1 2-171 - 2 2-178 3 2.179 3-86 3-27-86 1 Added 6-151-6-164 4-86 4-24-86 1 Rpld 21-1 2 21-11 3 ~ 21-12 4 21-21 5 1-8(d) 15-86 10- 9.86 1 28-1-28-3 2 2-173 16.86 i 1-13-86 1, 2 6-16, 6-17 17.86 11-13-86 1, 2 17.5-1, 17.5-2 18-86 11-13-86 1, 2 22-16, 22-17 19-86 11-13-86 1, 2 19-86 20-86 11-13.86 1 13-1, 13.2 21-86 11-13-86 1 15-1, 15-2 22-86 12-11-86 1 6-151-6-156 23-86 12-11.86 1 2-163(c) 1-87 1- 5-87 1 12.5-7, ]2.5-42(1), 12.5-42(2)c. 12.5-44 2 12.5-5 3 12.5.41(5), (6) 4 Rpld 12.5-46, 12.5-47 3-87 1-22-87 i, 2 12-16, 12-17 5.87 2.26.87 1 5-3 9-87 5.28-87 1 App. C, § 45-31(G) 2 App. C, § 45-33(G) 14.87 9-10.87 1 2-164(a) 16.87 10.22.87 1 45-35.1 18-87 11-12.87 1 21-1 19.87 11-12.87 1 21-2 1-88 1.14-88 1 6-137 2.88 1-14.88 1 2-16 6.88 1-28-88 1, 2 11-11, 11-12 10-88 2.11-88 1 22-17 20-88 8.11.88 1 19-183 _ 5.89 Z- 9.89 1 6-123 10.89 4.27.89 1 Rpld 6-18 11-89 5.25.89 1 2-116 19.89 9.14-89 1 6-112 2 6-113(c) 2881 NORTH PALM BEACH CODE. Adoption Section Ord. No. Date Section this Code 3 6-138 4 Rpld 6-136(a)(4), (b)(4), (c)(4), (d)(6)c., (e)(6)c.,(~(5)d. 23-89 11- 9-89 1 21-01 4.90 3- 8-90 1, 2 6-16, 6-17 3 Rpld 6.72-6-Si, 6-89-6.99 5.90 3- 8-90 1, 2 15-1, 15-2 6.90 3-22-90 1, 2 12-16, 12-17 7-90 4-12-90 1 17-33 8-90 4-12-90 1 2-172 2 2-174(a)(2) 3 2-174(b) 4 2-175(d) 5 2-177(5) 6 2-178 7 2-180 15-90 6-28-90 1 App. B, § 36.6(3.1) 2 App. B, § 36-10 3 App. B, § 36-29.1 4, 5 App. B, § 36-31, 36-32 6 App. B, § 36.38, 36- 38.1 16-90 6-28-90 1(A), (B) 21.41, 21.42 2-6 21.43-21-47 17.90 6-28-90 1 App. C, § 45-2 2 App. C, § 4-5-27(A)(6), (7) 3 App. C, § 45-28(A)(6), (G) 4 App. C, § 45.32(A)(9) 18-90 6-28-90 1 17-33 20-90 6-28-90 1 App. C, § 45-16 2 App. C, § 45-35.2 21-90 6-28-90 1 App. C, § 45-2 2 App. C, § 45-36(O) 22-90 6-28-90 1 19-220, 19-221 23-90 6-28-90 1 App. C, § 45-2 App. C, § 45-31(C)(4) App. C, § 45-32(A)(1)-(7) App. C, § 45-33(A) 24-90 6-28.90 1 App. C, § 45.37 25-90 6-28-90 1 App. C, § 45-35.2(C) 32-90 8- 9-90 1 18.37 34-90 9-27-90 1.1 21-fil(e), (b) 1.2 21-61(c) 1.1(a)-(e) 21-62-21-66 1.1(t1 21-70(a) 1.1(g)-(i) 21-67-21-69 1.1(j) 21-70(b) 35-90 9-27-90 1 5.81 2 ~-83(b) 3-5 5.83(e)(1)-(3) 6 5-83(i)(1) 7 5-85(5) . 8 5-55(11) 36-90 _ 10-25-90 1 2-146 37-90 10-25.90 1 14-30 39-90 11-19-90 1-7 9-16-9-22 2882 CODE COMPARATIVE TABLE-ORDINANCES Adoption Section Ord. No. Date Section this Code 40-90 12-13-90 1 18-38 [The next page is 2933] 2883 I i CODE INDEX A Section ALARMS-Contd. Section System standards 19-219 ABANDONMENT Telephone trunk lines Abandoned, inoperative and junked prop- Interference with public safety depart- erty 14-37 etseq, ment telephone trunk lines prohib- See: GARBAGE AND TRASH ited 19-215 Boats Violation and enalt 19-214 Boat launching area; abandoned boats and p y~ ~ ~ ~ ~ ~ ~ ~ ~ ~ equipment . 5-36, 5-37 ALCOHOLIC BEVERAGES Generally 5-8 Consumption on playgrounds and public Dogs, other animals 4-10 parks......,,,......,.............., 3-3 ACTS BY AGENTS Sales restricted; hours of sale 3-2 State law definitions adopted 3-1 Definitions and rules of construction...... 1-2 ADMINISTRATIVE CODE AMBULANCES Definition 17-50 Bonds required of certain officers......... 2-42 Unlawful operation 17-51 Definition 2-39 Departmental organization 2-40 AMUSEMENTS AND AMUSEMENT Oaths of office PLACES Chief administrator and officers, form of Coin-operated amusements; proximity to oath 2-41(b) schools restricted.................... 19-4 Members of department of public safety, form of oath 2-41(c) AND, OR Persons required to take oath of office 2-41(a) Definitions and rules of construction...... 1-2 Policy and procedures Department heads 2-43(b) ANIMALS AND FOWL Departments 2-43(c) Abandoning............................. 4-10 Officers 2-43(a) Birds . Molesting songbirds 4-9 ADVERTISING Village designated bird sanctuary; Handbil]s; distribution restricted 19-7 hunting prohibited 4-2 Noise control policy re loudspeakers and de- Cats. See herein: Dogs and Cats vices for advertising 19-105 Code enforcement board, applicability re 2-173 Signs and outdoor displays 6-111 et seq. Contagious diseases, animals with........ 4-11 See: SIGNS AND BILLBOARDS Cruelty to animals 4-7 AFFIRMATION. See: OATH, AFFIRMA- Definitions 4-1 TION, SWEAR OR SWORN Dogs and cats , Collar and tag AGREEMENTS. See: CONTRACTS AND Required 4-25 AGREEMENTS Unauthorized removal 4-26 Impoundment ALARMS Disposition upon owner's failure to re- Alarm business central office required 19-215 deem 4-30(d) Alarm permit required 19-208 Notice.............................. 4-30(b) Application for 19-209 Redemption by owner................ 4-30(c) Issuance 19-211 Required............................ 4-30(a) Terms; fees; nontransferable 19-210 Inoculation 4-24 Audible alarms 19-216 Prohibited in certain areas; exceptions.. 4-27 Code enforcement board, enforcement Rabies control. See herein that subject through 19-217 Registration 4-24 Definitions 19-207 Running at large Exemptions 19-218 Cats................................ 4-28(c) False alarms Dogs on property of others 4-28(b) Excessive false alarms declared public Dogs on streets and sidewalks........ 4-28(a) nuisance 19-212 Vicious, biting and attacking dogs 4-29 Service charge; collection 19-213 Waste removal Fire division equipment; fire alarm system 12-53 Persons walking dogs responsible for re- Identification required 19.215 moval of waste 4-31 2935 NORTH PALM. BEACH CODE. _ ANIMALS AND FOWL-Contd. Section ATLANTIC OCEAN Section Waste-removal implements, persons Bulkheads and seawalls; regulations gov- walking dog to carry 4.32 erning construction.................. 5.84 Enforcement General enforcement 4-5 g Hindering enforcement 4-4 Fight, causing animals to 4.g BATHING Keeping certain animals prohibited; excep- Diseased persons prohibited from bathing tion 4-6 in public pools, etc................... 19-3 Killing 4-3 BICYCLES Molesting songbirds or domestic pets 4-9 park regulations . 20-6 Noise control policy re animal noises 19-107 Subdivisions, required improvements re Nuisances, animals creating 4-12 bikeways 36-29.1 Poisoning 4-3 Rabies control BILLBOARDS. See: SIGNS AND BILL- Death or destruction, reporting......... 4-4'6 BOARDS Muzzles; when required 4-45 Rabid animals BIRDS. See: ANIMALS AND FOWL Confinement 4-43 BLOCKS Duty to report; impounding 4-44 Subdivision design standards 36-18 Nuisance, declared 4-42 BOARDS, COMMITTEES AND COMMIS- ANNEXATION SIONS. See: DEPARTMENTS AND Planning and development; filing fees and OTHER AGENCIES OF VILLAGE cost for voluntary annexation of land . 21-2 BOATS, DOCKS AND WATERWAYS Abandoned boats 5-8 APPEARANCE PLAN (Appendix A) Authority of city to board boats violating (Note-Section citations contained herein provisions 5-16 refer to section citations found within Boat launching area Appendix A) Abandoned boats and equipment Administration V Disposition.......................... 5-36 Areas of jurisdiction III Recovery......................... 5-37 Basis I Designated; use restricted.............. 5.33 Criteria for appearance .Permits required 5-35 'i Building and site to adjoining area, rela- Repairs prohibited 5-34 tionship of 1V(B) Bulkhead lines.......................... 7-1 et seq. Building design ]V(D) See: BULKHEAD LINES Buildings to site, relationship of........ IV(A) Coastal construction code 6-151 et seq. Evaluation, factors for 1V(H) See: COASTAL CONSTRUCTION CODE Landscape and site treatment IV(C) Code enforcement board, applicability re 2-173 Maintenance-planning and design factors 1V(G) Construction requirements Miscellaneous structures and street hard- Bulkheads and seawalls ware 1V(F) Compliance with provisions required.. 5-69 Signs 1V(E) Inspection required.................. 5.73 Definitions VIII Permit fee 5-72 Maintenance for good appearance Specifications 5-71 Buildings and appurtenances........... VII(B) Submission of plans and specifications 5-70 Public property VII(C) Canals -Site VII(A) Canal crossings 5.60 Participation and incentives............:. VI Compliance with provisions required.. 5-56 Statement of policy II Drainage canals..................... 5.59 General requirements ' b•57 ASSEMBLIES Navigation canals 5-58 Civil disorders and disturbances; mayor des- Surety bond prerequisite to issuance of ignated local authority for preserva- building permit in certain cases 5-61 tion of public peace 8-16 Doclcs and piers Park and recreation area; meetings and Construction in waters other than Lake gatherings 20-22 et seq. Worth and Atlantic Ocean, regula- 5ee; PARKS, PLAYGROUNDS AND tions governing 5.84 RECREATION Definitions 5.81 2936 - CODE INDEX BOATS, DOCKS AND WATERWAYS- Section BUILDINGS Section Contd. Appearance code Generally 5.82 Appeals and review.................... 6-35 Lake Worth and Atlantic Ocean, regu- Appearance plan 6-33 lotions governing construction in . 5-85 Certificate of appropriateness Minimum design requirements 5-88 Final. hearings 6.57 Variances 5-86 Follow-up by building inspector 6-60 Erosion control structures Planning commission Construction 5-95 Aetion of........................... 6.58 Control 5.96; Approval by....................... 6-59 Definitions 5-93 Preliminary consideration............ 6-56 Permitted, when 5-94 Definition............................. 6-31 Piers. See within this subheading: Docks Intent and purposes 6-32 and Piers Planning commission, powers and duties Seawalls. See within this subheading: re , , , , , , , , , , , , , , , , , , , , , 6-36 Bulkheads and Seawalls Short title 6.30 Definitions 5-1 Appearance plan (Appendix A). See that sub- Disturbing other boats 5-6 ject Exhibition boats exempted from certain re- Coastal construction code q. 6-151 et se strictions 5-4 See: COASTAL CONSTRUCTION CODE Flood damage prevention .provisions 12.5-1 et seq. Code enforcement board, applicability re 2.173 See: FLOOD DAMAGE PREVENTION Codes Health and sanitation requirements Cleanliness of docks 5.11 Adopted 6-17 Observance of village health and conduct Appearance code. See herein that subject rules 5-10 Coastal construction code 6-151 et seq. Pollution of waterways 5-13 Electrical code 11-11, 11-12 Refuse disposal 5-12 Energy efficiency building code......... 6-150 Living aboard boats restricted............ 5-15 Fire prevention code 12-16, 12-17 Marine sanctuaries Housing code 15-1, 15-2 Designation of waters as marine sanctu- Country club 9-1 et seq. See: COUNTRY CLUB aries Area to be regulated 5-101(c) Electrical code 11-11, 11-12 Areas designated 5-101(b) Energy efficiency building code Construction of provision 5.101(d) Adopted by reference 6-150 Definition 5-101 a Fire district.. 6-3 Parking Flood damage prevention 12.5-1 et seq. Boating equipment; parking on residen- See: FLOOD DAMAGE PREVENTION tial property restricted 18-35 Handicapped persons Private docks, mooring without permission 5-9 Accessibility to buildings; state law Running engines, hours in residential dis- adopted.. 6-2 tricts 5-14 Housing code...,........................ 15-1, 15-2 Searchlights, use of 5-7 Landscaping 27-31 et seq. See: LANDSCAPING Speed limits; wakes 5-2 Minimum construction standards Subdivision provisions re waterways...... 36-22 et seq. Authorit 6-16 See: SUBDIVISIONS (Appendix B) y~ ~ ~ ~ ~ ~ ~ ~ ~ Swimming in restricted waters........... 5-3 Codes adopted 6-17 Water skiin Violations and penalty 6.19 g 5-5 Missiles, throwing.......... 19-83 BOISTEROUS CONDUCT Noise from building 19.102 Noisy and boisterous 19.106 Obstructing passageway 19-47 BONDS Outdoor displays. See herein: Signs and Out- Administrative code; bonds required of cer- door Displays Park and recreation facilities; erecting build- . tain officers 2.42 ings or structures 20-3 Canal construction; surety bond prerequi• Public land, construction on prohibited..... 6.1 site to issuance of building permit 5-61 public services department; division of per- Finance director, duties re 2-59(7) mits and inspections................. 2.85(1) Treasure's duties re proceeds of bonds 2.51(5) Signs and outdoors displays 6-111 et seq. Village manager 2-117 See: SIGNS AND BILLBOARDS BRUSH. See: WEEDS AND BRUSH Smoke, dust, odors, liquids, etc........... 19-9 2937 NORTH PALM BEACH CODE BUILDINGS-Contd. Section BUSINESS REGULATIONS-Contd. Section Spitting in public places prohibited 19-5 Garage and other sales 17-61 et seq. Stormwater management; level of finished See: GARAGE AND OTHER SALES floor of structures 21-63 Occupational licenses 17-16 et seq. Subdivision regulations 36-1 et seq. See: LICENSES AND PERMIT See: SUBDIVISIONS (Appendix B) Wellfield protection Swimming pools 25-1 et seq. Regulation of business activities with po- See: SWIMMING POOLS tential to contaminate land and water Zoning regulations 45-1 et seq. resources 19-221 See: ZONING (Appendix C) BULKHEAD LINES C Code enforcement board, applicability re 2-173 CAMPING Established; designated 7-1 Recreational, boating and camping equip- Fillingoperation beyond bulkhead line pro- ment; parking on residential property hibited 7-2 restricted........................... 18-35 Filling permit Application fees CANALS 7-19 Application; issuance 7-18 Construction requirements 5-56 et seq. Expiration date; renewal; revocation..... 7-20 See: BOATS, DOCKS AND WATER- Public hearing prerequisite to consider- WAYS ation 7-17 CATS Required 7-16 Regulations enumerated................. 4-24 et seq. Unlawful fill; removal 7-3 See: ANIMALS AND FOWL BULKHEADS CERTIFICATES Bulkheads and seawalls, construction re- Appearance code; certificate of appropriate- quirements re 5-69 et seq. ness 6-56 et seq. See: BOATS, DOCKS AND WATER- See: BUILDINGS WAYS Businesses located outside village limits, BUSINESS REGULATIONS certificate of business regulations re 17-34 et seq. See: BUSINESS REGULATIONS Ambulances 17-50, 17-51 Historic site overlay district; certificate of Businesses located outside village limits appropriateness 45-37(H) Application for certificate of regulation . 17-34.2 Certificate of business regulation re- CIVIL DISORDERS AND DISTURBANCES quired; basis of one year 17-34 Mayor designated local authority for pres- Commercial vehicles, marking of 17-34.13 ervation of public peace 8-16 Compliance by principal deemed compli- ance by agent 17-34.8 CLERK Delinquency penalty 17-34.4 Department of records, provisions re village Doing business not covered by certificate clerk and deputy village clerk........ 2-67 et seq. of regulation 17.34-7 See: DOCUMENTS AND PUBLIC Duplicate certificates of regulation 17-34.6 RECORDS Duration 17-34.3 CLUBS False statements Country club 9-1 et seq. Certificate obtained void ab initio 17-34.7 See: COUNTRY CLUB Engaging in business without certifi- cate of regulation or under certifi- COASTAL CONSTRUCTION CODE cate issued on 17-34.11 Coastal construction requirements Fee exemptions 17-34.10 Location of construction................ 6-155(4) Fee schedule 17-34.12 Major structures, structural requirements Half-year certificate 17-34.3 for 6-155(1) Issuance of certificate 17-34.3 Minor structures, structural requirements Noncompliance of principal 17-34.8 for 6-155(3) Nonprofit enterprise, special permit for . 17-34.5 Nonhabitable major structures, structural Refund of fee 17-34.9 requirements for 6-155(2) Registration required 17-34.1 Public access.......................... 6-155(5) Renewal 17-34.4 Definitions.............................. 6.154 Suspension or revocation of certificate 17.34.9 Flood damage prevention 12.5-1 et seq. When due and payable 17-34.3 See: FLOOD DAMAGE PREVENTION 2938 CODE INDEX COASTAL CONSTRUCTION CODE-Contd. Section CONTRACTS AND AGREEMENTS Section Purpose 6.152 Finance director, duties re contracts...... 2-59(3),(7) References 6-156 COUNCIL. See: VILLAGE COUNCIL Scope Applicability 6.153(a) COUNTRY CLUB Exceptions 6-153(b) Administrative board Permits, application for 6-153(c) Compensation......................... 9-19 Title 6-151 Composition 9-17(a) CODE ENFORCEMENT BOARD Created 9-16 Alarm regulations, enforcement re........ 19-217 Duties Appeals 2-179 Finances............................ 9.21(c) A licabilit 2-173 Management and administration 9-21(a) pp y ~ ~ Rules and regulations 9-21(b) Declaration of legislative intent 2-171 Definitions 2-172 Meetings 9-20 Enforcement procedure 2-175 Officers'quorum 9-19 Fines; liens Removal 9-18 Copies of orders imposing fines 2.178(d) Terms 9-17(b) Determination of amount of fine........ 2-178(b) Vacancies 9-17(c) Generally 2-178(a) Village manager 9-22 Reduction of fine 2-178(c) Finances Hearing, conduct of 2-176 Delinquent accounts; penalties 9-32 Notices 2-180 Premises Organization Disfiguration and/or removal of building Attorney 2-174(c) or other property.................. 9-1(1) Officers; quorum; compensation 2-174(b) Enforcement 9-2 Qualifications and term 2-174(a) Hours 9-1(2) Powers 2-177 Signs................................. 9-2 Violations and penalties 9-2 CODE OF ORDINANCES* Altering Code 1-7 COUNTY Amendments 1-6 Definitions and rules of construction...... 1-2 Catchlines 1-3 COURTS Court cost Court coat Assessment of additional court cost for law Assessment of additional court cost for law enforcement education expenditures 1-9 enforcement education expenditures 1-9 Definitions and rules of construction...... 1-2 Designated and cited 1-1 References to chapters or sections 1-3 D Repeal of ordinances, effect of 1-4 DEPARTMENTS AND OTHER AGENCIES Severability of parts 1-5 OF VILLAGE Village clerk, duties re recording ordinances 2-67(3) Administrative code 2-39 et seq. Violations and penalty 1-8 See: ADMINISTRATIVE CODE COIN-OPERATED AMUSEMENTS Appearance board. See: APPEARANCE Proximity to schools restricted 19-4 PLAN (Appendix A) Code enforcement board 2-171 et seq. COMMITTEES, COMMISSIONS. See: DE- Committees and boards generally; residency PARTMENTS AND OTHER AGENCIES requirements 2-1 OF VILLAGE Country club administrative board 9-16 et seq. COMPUTATION OF TIME See: COUNTRY CLUB Definitions and rules of construction...... 1-2 Finance, department of 2-59 See: FINANCES CONCURRENCY MANAGEMENT Fire and police retirement board 2-164 et seq. Provisions enumerated 21.41 et seq. See: PENSIONS AND RETIREMENT See: PLANNING AND DEVELOPMENT Fire division 12-29 et seq. See: FIRE PREVENTION AND PROTEC- *Note-The adoption, amendment, repeal, omissions, effec- TION tive date, explanation of numbering system and other matters General employees retirement board...... 2-151 et seq. pertaining to the use, construction and interpretation of this See: PENSIONS AND RETIREMENT Code are contained in the adopting ordinance and preface which Library board 16-16 et seq. are to be found in the preliminary pages of this volume. Library, department of 2-93 2939 NORTH PALM BEACH CODE. f - DEPARTMENTS AND OTHER AGENCIES Section DOGS: Section OF VILLAGE-Contd. Regulations enumerated 4-24 et seq. Planning and development board of adjust- See: ANIMALS AND FOWL ment 21-21 Planning commission 21-11, 21-12 DRAINAGE Public safety, department of 2-75, 2-76 Stormwater management 21-61 et seq. See: PUBLIC SAFETY DEPARTMENT See: STORMWATER MANAGEMENT Public services, department of............ 2-84, 2-85 Subdivision design standards re easements See: PUBLIC SERVICES DEPARTMENT and rights-of-way 36-22(b) Records, department of 2-67 et seq. See: DOCUMENT AND PUBLIC DROUGHT RECORDS Water shortage emergencies 19-200 et seq. Recreation, department of 2-110 See: WATER SHORTAGE EMERGEN- Reserve police force 23-42 et seq. CIES See: POLICE Treasury department of 2-51 See: TREASURY DEPARTMENT E Village council 2-16 et aeq. ELECTIONS DEVELOPMENTS. See: PLANNING AND Ballots DEVELOPMENT ~ Direction for preparation 10-5 Public measure 10-10 DISABLED AND HANDICAPPED PERSONS Specifications; general and runoff elec- Buildings tions 10-9 Accessibility to handicapped persons; Candidacy state law adopted 6-2 Candidates for office; qualifying 10-5 Parking violations re handicap spaces 18-37 Preservation of notice of candidacy 10.6 Clerks. See herein: Inspectors and Clerk DISTRICTS General elections, notice of 10-3 Fire districts 6-3 Inspectors and clerk Signs, regulations re 6.135 et seq. Appointment.......................... 10-55 See: SIGNS AND BILLBOARDS Compensation 10-61 Zoning regulations 45-16 et seq. Filling vacancy........................ 10.60 See: ZONING (Appendix C) Good order, duty to maintain and report violations 10.62 DISTURBANCES. See: CIVIL DISORDERS Instruction prior to election 10-64 AND DISTURBANCES Oath required 10-59 Organization 10-63 DOCKS. See: BOATS, DOCKS AND WATER- Polling place WAYS Designated 10-76 Policeman to be present 10-77 DOCUMENTS AND PUBLIC RECORDS Protest of election returns; inspection by Department of records canvassing board 10-12 Deputy village clerk Special elections Appointment 2.68 Notice of.............................. 10-4 Duties 2-69 When held............................ 10-2 Village clerk; duties State laws Election records, keeping 2-67(5) Applicable state laws adopted 10-1 Expiration of term, notice of 2-67(7) Voting machines may be used; state law Official seal, keeping 2.67(8) applicable......................... 10-7 Record ordinances 2-67(3) Village clerk, duties re keeping election Village council records 2-67(5) Keep records of council 2-67(2) Village council to constitute canvassing Public council action 2-67(4) board............................... 10-11 Serve as clerk of council 2-67(1) Voting machines may be used; state law ap- Vital statistics, keeping 2-67(6) plicable............................. 10-7 Police division, duties re records.......... 2.76(b)(1) Treasurer's duties re examination ofdepart- ELECTRICAL CODE mental books 2.51(2) Amendments, corrections, additions....... 11-12 Village clerk and deputy village clerk. See Code and county amendments adopted 11-11 herein: Department of Records Code enforcement board, applicability re 2-173 .2940 CODE INDEX ELECTRICITY Section FINANCES-Contd. Section Swimming pools; electrical equipment 25.8 Budget duties 2-59(4) ELECTRONIC AUDIO EQUIPMENT Certify contracts 2-59(3) Custodian of bonds, contracts, etc..... 2-59(7) Noise control 19-104 Financial statements................ 2-59(5) EMERGENCIES Keep accounts 2-59(6) Ambulances 17-50, 17-51 Prescribe form 2-59(2) Civil disorders and disturbances Pensions and retirement. See also that sub- Mayor designated local authority for pres- ject ervation of public peace............ 8.16 Pension and certain other benefits for fitre Fire division 12-29 et seq. and police employees 2-159 et seq. See: FIRE PREVENTIONAND PROTEC- Pension and certain other benefits for gen- TION eral employees 2-146 et seq. Water shortage emergencies 19-200 et seq. Planning and development; filing fees and See: WATER SHORTAGE EMERGEN- cost for changes 21-1, 21-2 CIES Social security 2-136 et seq. See: SOCL4L SECURITY EMPLOYEES. See: OFFICERS AND EM- Taxation. See that subject PLOYEES Treasury, department of 2-51 ENCLOSURES. See: FENCES, WALLS, See: TREASURY DEPARTMENT HEDGES AND ENCLOSURES FINES, FORFEITURES AND OTHER PEN- ENERGY EFFICIENCY BUILDING CODE ALTIES Adopted by reference 6-150 Code enforcement board; fines and liens... 2-178 Code of ordinances, provisions re general ENGINE EXHAUST penalty and continuing violations 1-8 Noise control policy 19-108 Parking violation........................ 18-37, 18.38 EROSION CONTROL STRUCTURES FIRE DISTRICT Construction regulations 5-93 et seq. Property within village designated 6-3 See: BOATS, DOCKS AND WATER- WAYS FIRE PREVENTION AND PROTECTION Code enforcement board, apglicability re 2-173 EXCAVATIONS Department of public safety, provisions re Bulkhead lines 7-1 etaeq. fire division......................... 2-76(c) See: BULKHEAD LINES Fire di~~ision Stormwater management 21-61 et seq. Composition 12-30 See: STORMWATER MANAGEMENT Created; functions 12-29 Street excavations 24-16 et seq. Emergency medical technician volunteers 12-32 See: STREETS, SIDEWALKS AND Equipment PUBLIC PLACES Acquisition 12-52 EXCRETA Fire alarm system 12-53 Dog waste, removal provisions re 4.31, 4.32 Generally 12-51 Housing 12-54 F Private use of equipment 12-55 Tampering with equipment 12-56 FENCES, WALLS HEDGES AND ENCLO- Impersonating fireman 19-8 SURES ~ Motor equipment and members' cars des- Landscaping 27-31 et seq. ignated emergency vehicles 12-31 See: LANDSCAPING Personnel Swimming pool requirements 25-37, 25.38 Badges 12-41 Car insignia 12-42 FINANCES Other officers accountable to chief 12-39 Budget procedures 2-2 Police assistance 12-43 Country club, provisions re 9-21(c), 9-32 Special police powers 12-40 Court cost Fire prevention code Assessment of additional court cost for law Adopted by reference 12-16 enforcement education expenditures 1-9 Amendments 12-17 Department of finance Pension and certain other benefits for fire Finance director; duties and police employees 2-159 et seq. Audit accounts 2-59(1) See: PENSIONS AND RETIREMENT 2941 NORTH PALM BEACH CODE FIREARMS AND WEAPONS Section G Section Concealed weapons, carrying 19-184 GAMBLING Forfeiture; disposition 19-186 Possession 19-183 Aiumals, causing to fight 4-8 Sales restricted GARAGE AND OTHER SALES Record of sales required 19-185(c) Garage sales 17-61 Specified weapons, display and sale of 19-185(b) Permit required 17-62 Switchblade knives prohibited.......... 19.185(a) Violations and penalties 17-63 Stench bombs prohibited 19.82 See: STENCH BOMBS GARBAGE AND TRASH Abandoned, inoperative and junked prop- FLOOD DAMAGE PREVENTION erty Abrogation and greater restrictions....... 12.5.8 Definitions 14-37 Areas of special flood hazard Disposition of property 14-48 Basis for establishment 12.5.7 Hearing Warnings regarding designations....... 12.5-10 Procedure for hearing 14-45 Building official Request for hearing 14-44 Designated as flood damage control ad- Impounded property, redemption of 14-51 ministrator 12.5-21 Liability of owner or occupant.......... 14-52 Duties and responsibilities 12.5-23 Notices Definitions 12.5-5 Content of notice.................... 14-42 Development permit Contents of public sale notice 14-49 Required 12.5-22 Notice of removal 14-47 Findings of fact 12.5-2 Notice to remove 14-40 Flood hazard reduction provisions Procedure 14-41 Coastal high hazard areas 12.5-44 Prima facie evidence of violation 14-39 General standards Prohibited conditions; enumerated excep- Anchoring 12.5-41(1) tions 14-38 Construction materials and methods.. 12.5-41(2) Public sale 14-50 Enclosures below lowest floor 12.5-41(6) Removal of property from premises 14-46 Mechanical and utility equipment 12.5-41(5) Responsibility for removal 14-43 Subdivision proposals 12.5.41(4) Boats; refuse disposal.................... 5-12 Utilities 12.5-41(3) Garbage collection and disposal Regulatory floodways 12.5-43 Charges Sand dunes and mangrove stands....... 12.5-45 Commercial use property waste disposal Specific standards fees and collection procedures 14-30 Nonresidential construction 12.5-42(2) Fee for excess amounts from commer- Residential construction 12.5-42(1) cial establishments 14-28 Interpretation . 12.5.9 Generally........................... 14-27 Lands to which provisions applies 12.5.6 When and where paid 14-29 Methods of reducing flood losses.......... 12.5.4 Definition 14-23 Noncompliance, penalties for 12.5-11 Frequency of collection 14-26 Statement of purpose and objectives 12.5-3 Garbage cans Statutory authorization 12.5-1 Kept covered........................ 14-25 Variance procedure 12.5-24 Required............................ 14-24 Landscaping; refuse container areas 27.41 FLORIDA, STATE OF. See: STATE Public services department Refuse disposal division 2-85(5) FOLLOWING, PRECEDING Weeds and brush 14-79 et aeq. Definitions and rules of construction...... 1-2 See: WEEDS AND BRUSH GATHERINGS. See: ASSEMBLIES FORFEITURES. See: FINES, FORFEITURES AND OTHER PENALTIES GENDER Definitions and rules of construction...... 1-Z FOWL. See: ANIMALS AND FOWL GUNS. See: FIREARMS AND WEAPONS FRANCHISES H Enumerated. See Appendix D Use of rights-of--way for utilities 28-1 et seq. HANDBILLS See: UTILITIES Distribution restricted 19-7 2942 CODE INDEX HANDGUNS. See: FIREARMS AND Section J Section WEAPONS JOINT AUTHORITY HANDICAPPED PERSONS. See: DISABLED Definitions and rules of construction...... 1-2 AND HANDICAPPED PERSONS JUNK HEALTH AND SANITATION Abandoned, inoperative and junked prop- Animals and fowl, provisions re 4-11 et seq. erty 14-37 et seq.. See: ANIMALS AND FOWL See: GARBAGE AND TRASH Bathing regulations Diseased persons prohibited from bathing K in public pool, etc 19-3 Boats, docks, etc., provisions re........... 5-10 et seq. KNIVES. See: FIREARMS AND WEAPONS See: BOATS, DOCKS AND WATER- WAYS ~ L Code enforcement board, applicability re 2.173 Garbage and trash 14-23 et seq. r,nuF WORTH See: GARBAGE AND TRASH Bulkheads and seawalls; regulations gov- Park and recreation facilities; failure to co- erning construction 5-84 operate in keeping restrooms neat or Marine sanctuary, designation as......... 5-101 sanitary 20-2 LAND Rabies control 4-42 et seq. Buildings; construction on public land pro- See: ANIMALS AND FOWL hibited 6-1 Weeds and blush 14-79 et seq. Planning and development 21-O1 et seq. See: WEEDS AND BRUSH See: PLANNING AND DEVELOPMENT HEDGES. See: FENCES, WALLS, HEDGES Subdivision regulations 36.1 et seq. AND ENCLOSURES See: SUBDIVISIONS (Appendix B) HITCHHIKING LANDSCAPING Prohibitions 19-6 Accessways............................. 27-36 Appearance plan (Appendix A). See that sub- HORNS ject Noise control 19-103 Application of provisions; enforcement 27-33 Certain yard areas, off-street parking and HOUSING CODE other vehicular use areas Adopted by reference 15-1 Existing plant material 27-67 Amendments 15.2 Installation 27-60 Code enforcement board, applicability re 2-173 Maintenance 27-61 Parking area interior landscaping 27.65 I Perimeter landscaping relating to abut- ting properties 27-64 IMPERSONATION Plant material Impersonating police officer; fireman or Ground covers 27-62(e) other village official 19-8 Lawn grass 27-62(f) Quality 27-62(a) IMPOUNDMENT Shrubs and hedges 27-62(c) Abandoned, inoperative and junked prop- Tree species 27-62(b) erty Vines 27-62(d) Redemption of impounded property 14-51 Required landscaping adjacent to public Dogs and cats 4-30 rights-of-way...................... 27-63 INDECENCY AND OBSCENITY Scope, applicability 27-59 Topless costumes 19-64 Sight distance adjacent to public righta- Vulgar language 19.65 of-way and points of access 27-66 Window ee in 19.66 Certificate of completion 27.35 p p g' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' Code enforcement board, applicability re 2-173 INSURANCE EXCISE TAXES Completed landscaping required for certifi- Casualty insurance premiums............. 26-16 cate of use and occupancy............ 27.37 Property insurance premiums 26-17 Definitions 27-31 Improved nonresidential properties in exist- INTRACOASTAL WATERWAY ence on September 23, 1971 Marine sanctuary, designation as......... 5-101 Applicable requirements 27-40(b) 2943 i NORTH PALM BEACH CODE LANDSCAPING-Contd. Section LICENSES AND PERMITS-Contd. Section Exceptions 27-40(c) Noncompliance of principal 17-29 Objectives 27-40(a) Nonprofit enterprise, special permit for . 17-22 Planning commission, submission of plans Posted or carried, license to be 17-26 to 27.40(d) Refund of fee.......................... 17-30 Objectives 27-32 Registration required.................. 17-17 Off-street parking landscape manual...... 27.38 Renewal 17-20 Plot use plan approval prerequisite to issu- Required; basis of one year 17-16 ante of permits for building and paving 27.37 Specified professions, how tax construed Refuse container areas 27.41 as to.............................. 17-21 Scope; applicability 27-34 Suspension or revocation............... 17-30 Weeds and brush 14-79 et seq. Tax exemptions 17-31 See: WEEDS AND BRUSH Tax schedule 17-33 Zoning ordinance, conflict with 27-39 Transfer of license New location 17.25 LIBRARY New owner 17.24 Damaging property unlawful 16-1 Variable factors within applicant's knowl- Department of library edge, declaration where fee depends Librarian 2-93 on................................ 17-23 Library hoard When due and payable 17-19 Appointment 16.17 park and recreation facilities; meeting and Compensation, service without 16.20 gathering permits 20.31 et seq. Composition 16.17 See: PARKS, PLAYGROUNDS AND Established 16-16 RECREATION Meetings 16-23 Public services department, division of per- Organization 16-21 mite and inspections................. 2-85(1) Powers and duties 16-22 Seawalls. See herein: Bulkheads and Sea- Qualifications 16-19 walls Removal from office 16-24 Sidewalk and driveway permits 24-55 et seq. Term of office 16-17 See: STREETS, SIDEWALKS AND Vacancies 16-18 PUBLIC PLACES LICENSES AND PERMITS Sign permits 6-113 Alarm permit 19.208 et seq. Street excavation permits................ 24-28, 24-29 See: ALARMS Swimming pool construction permit....... 25-23, 25.24 Boat launching area permits 5-34 Treasure's duties re permits and licenses.. 2-51(11) Bulkhead lines; filling permit 7-16 et seq. Utilities See: BULKHEAD LINES Use of rights-of--way for utilities; written Bulkheads and seawalls 5-72 permit............................ 28-2, 28-3 Code enforcement board, applicability re 2-173 LOTS Driveways. See herein: Sidewalk and Subdivision design standards.............. 36.18 Driveway Permits Flood damage prevention development LOUDSPEAKERS permit 12.5-22 Noise control policy re loudspeakers and de- Garage,related sales 17-62 vices for advertisin 19-105 Noise control; special permits excepted.... 19-119 g ~ ~ ~ ~ • Occupational licenses Application for 17-18 M Commercial vehicles, marking of 17-33.1 Compliance by principal deemed compli- MANAGER. See: VILLAGE MANAGER ante by agent 17-29 Delinquency penalty 17-?.0 MANGROVE STANDS Doing business not covered by license... 17-28 Flood damage prevention provisions 12.5-45 Duplicate licenses 17-27 Duration 17-19 MAPS. See: SURVEYS, MAPS AND PLATS False statements Engaging in business without license MARINE SANCTUARIES or under license issued on........ 17-32 Designated 5-101 License obtained by void ab initio 17-28 Half-year license 17-19 MAY, SHALL Issuance 17-19 Definitions and rules of construction...... 1-2 2844 CODE INDEX MAYOR Section N Section Civil disorders and disturbances; mayor des- ignated local authority for preserva- NOISE tion of public peace 8-16 Animal noises........................... 19-107 Village council; presiding officer at meet- Buildings, premises or property ings 2-18 Noise from............................ 19-102 Code enforcement board, applicability re 2-173 MEASURES. See: WEIGHTS AND MEA- Conduct, noisy and boisterous 19-106 SURES Construction activity, permissible time for 19-111 Definitions 19-99 MEETINGS. See: ASSEMBLIES Electronic audio equipment 19-104 MISSILES, STONES, ETC. Enforcement Authority 19-116 Throwing missiles 19-83 procedure MONTH All other noises 19-117(b) Definitions and rules of construction...... 1-2 Motor vehicle noise enforcement, oper- ating 19-117(a) MONUMENTS Engine exhaust 19-108 Subdivisions, required improvements re... 36-27 Exemptions . 19.120 Fixed mechanical equipment 19-112 MOTOR VEHICLES AND TRAFFIC Horns and signal..devices 19-103 Ambulances 17-50, 17-51 Loading, unloading and unpacking 19-110 Businesses located outside village limits; Loudspeakers and devices for advertising . 19-105 marking of commercial vehicles 17-34.13 Measurement procedure 19-113 Fire division, provisions re cars and desig- Musical instruments 19-104 noted emergency vehicles 12-31 et seq. Noise control measurement standards other See: FIRE PREVENTIONAND PROTEC- than motor vehicle noise standards 19-118 TION Noise control policy 19-100 Hitchhiking prohibited 19-6 Periods of observation 19.114 Junked vehicles Radios 19.104 Abandoned, inoperative and junked prop- Special permits excepted 19-119 erty 14-37 et seq. Unnecessary, excessive or offensive noise See: GARBAGE AND TRASH Unlawful to make 19-101 Noise control policy, provisions re 19-103 et seq. Vehicle defect or condition of load 19-109 See: NOISE Voluntary compliance 19-115 Occupational licenses; marking of commer- cial vehicles 17-33.1 NORTH PALM BEACH, VILLAGE OF. See: Park regulations re traffic 20-5 VILLAGE Parking. See herein: Stopping, Standing and NUDITY Parking Topless costumes prohibited 19-64 Public safety department Police division, provisions re traffic..... 2-76(b)(5) NUISANCES Public services department Abandoned, inoperative and junked prop- Division of signal service 2.85(3) erty 14-37 et seq. Stopping, standing and parking -See: GARBAGE AND TRASH Parking restricted 18-34 Animals creating nuisances 4-12 Recreational, boating and camping equip- False alarms ment; parking on residential prop- Excessive false alarms declared public erty restricted 18-35 nuisance.......................... 19-212 Signs, parking in violation of........... 18-36 Rabid animals declared nuisance 4-42 Violations; fines Weeds and brush 14-79 et seq. Article provisions 18-38 See: WEEDS AND BRUSH Handicap spaces 18-37 Vehicular operation NUMBER Speed limits Definitions and rules of construction...... 1-2 Generally 18-16 Specific streets 18.17 O Weight limitations on certain roads..... 18.18 OATH, AFFIRMATION, SWEAR OR SWORN MUSICAL INSTRUMENTS Administrative code, provisions re oaths of Noise control 19-104 office............................... 2-41 2945 NORTH PALM BEACH CODE OATH, AFFIRMATION, SWEAR OR Section OR, AND Section SWORN-Contd. Definitions and rules of construction...... 1-2 Definitions and rules of construction...... 1-2 Election inspectors and clerk; oath required 10-59 ORDINANCES. See: CODE OF ORDI- Fire and police retirement board; oaths of NANCES office 2-167 OWNER General employees retirement board; oaths Definitions and rules of construction...... 1-2 of ooice 2-154 Reserve police force; oath required........ 23-47 P OBSCENITY. See: INDECENCY AND OB- pALM BEACH COUNTY. See: COUNTY SCENITY OBSTRUCTIONS PARKING Passa ewa s, obstructin 19-47 Landscaping, provisions re off-street parking 27-38, 27-59 g Y g et seq. OCCUPATIONAL LICENSES See: LANDSCAPING Regulations enumerated 17-16 et seq. Parks; designated parking areas.......... 20-5(6) See: LICENSES AND PERMITS Stopping, standing and parking 18-34 et seq. See: MOTOR VEHICLES AND TRAFFIC OFFENSES Zoning, provisions re off-street parking 45-27 et seq. Definitions 19-1 See: ZONING (Appendix C) Enumerated 19.3 et seq. See also specific offenses as indexed PARKS, PLAYGROUNDS AND RECRE- State misdemeanors adopted 19-2 ATION OFFICERS AND EMPLOYEES Alcoholic beverages Consumption on playgrounds and public Administrative code 2-39 et seq. parks.... 3.3 See: ADMINISTRATIVE CODE Bicycles Definitions and rules of construction...... 1-2 Operation in safe manner, etc.......... 20.6(2) Elections. See also that subject Operation prohibited in certain areas 20-6(1) Generally 10-1 et seq. Buildin or structure, erectin 20-3 Inspectors and clerk 10.58 et seq. ~ g Department of recreation Finance director 2-59 Director's duties See: FINANCES Conduct community activity 2-110(2) Impersonating village ofRcial 19.8 Supervise recreation areas 2-110(1) Librarian 2-93 Ejectment of violators 20-8 Mayor 2-18, 8-16 Enforcement of provisions, responsibility.. 20-7 Pensions and retirement. See also that sub- Hours regulated 20.1 ject Meetings and gatherings Pension and certain other benefits for fire Liability for loss or injury 20-23 and police employees 2-159 et seq. permit Pension and certain other benefits for gen- Appeal from refusal to issue.......... 20-35 eral employees 2-146 et seq. Application , . 20-33 Social security 2-136 et seq. Form 20-32 Public safety director 2-75 Issuance standards.................. 20-34 Public services director 2-84 Required............................ 20-31 Recreation director 2-110 Revocation.......................... 20-36 Social security . 2-136 et seq. Rules and regulations, permittee bound See: SOCL4L SECURITY by 20-22 Treasurer 2-51 property used to violate provisions, confis- See: TREASURY DEPARTMENT cation of 20-9 Village clerk and deputy village clerk 2-67 et seq. public services department See: DOCUMENTS AND PUBLIC Division of parks 2-85(2) RECORDS Restrooms, failure to cooperate in keeping Village manager 2-115 et seq. neat or sanit 20-2 See: VILLAGE MANAGER Traffic OFFICIAL TIME Enforcement of traffic regulations 20-5(2) Definitions and rules of construction...... 1.2 Operation confined to roads 20-5(5) Parking areas designated 20-5(6) OPEN SPACES. See: YARDS AND OPEN Signs 20.5(3) SPACES Speed of vehicles 20.5(4) 2946 I CODE INDEX PARKS, PLAYGROUNDS AND RECRE- Section PENSIONS AND RETIREMENT-Contd. Section ATION-Contd. Normal and optional forms of benefits 2-149 State motor vehicle laws 20.5(1) Pension validity....................... 2-156(c) Trees Repeal or termination of system 2-155 Climbing trees, etc 20-4 Retirement board Use by public only 20-1 Additional rules and regulations autho- rized 2-152 PENALTIES. See: FINES, FORFEITURES Established 2-151 AND OTHER PENALTIES Investing funds; custodian of securities 2-153 PENSIONS AND RETIREMENT Oaths of office; meetings; quorum 2-154 Pension and certain other benefits for fire Village contributions and police employees Generally 2-150(a) Benefit amounts and eligibility Other 2-150(b) Cost of livin Social security 2.136 et seq. g 2-161(f) See: SOCIAL SECURITY Disability retirement 2-161(h) Early retirement 2.161(d) PERMITS. See: LICENSES AND PERMITS Late retirement 2-161(c) Preretirement death 2-161(e) PERSON Retirement benefit 2-161(b) Definitions and rules of construction...... 1-2 Retirement date 2-161(a) PIERS Termination of employment 2-161(8) Docks and piers, construction requirements Definitions 2-159 re.................................. 5-81 et seq. Discharged members 2-169(a) See: BOATS, DOCKS AND WATER- Incompetents 2-169(d) WAYS Membership Application for membership 2-160(b) PLANNING AND DEVELOPMENT Changes in designation of beneficiary. 2-160(c) Appearance plan (Appendix A). See that sub- Conditions of eligibility 2-160(a) ject Nonassignability 2-169(b) Board of adjustment Optional forms of benefits 2-162 Composition; conduct generally Pension validity 2-168(c) Administrative orders, review of...... 21-21(d) Repeal or termination of system........ 2-168 Created 21-21(a) Retirement board Decision of administrative official, ap- Additional rules and regulations autho- peals to board from 21-21(e) rized 2-165 Hearing of appeals 21-21(g) Established 2-164 Judicial review of decisions of board.. 21-21(h) Investing funds; custodian of securities 2-166 Membership; terms; alternate; compen- Oath of office, meetings, quorum of cation 21-21(b) board 2-167 Powers and duties.:............:.... 21-21(c) Village contributions Stay of work and proceedings on appeal 21-21(f) Generally 2-163(a) Comprehensive plan Member contributions 2-163(c) Adoption.............................. 21-01 Other 2-163(b) Filing fees and costs for changes Pension and certain other benefits for gen- Enactment and authority 21-1(a) eral employees Fee; application 21-1(c) Benefit amounts and eligibility Jurisdiction 21.1(b) ' Early retirement 2-148(d) Planning commission, advise o£ 21-1(d) Late retirement 2-148(c) Concurrency management Preretirement death 2-148(e) Adequate public facilities available to ser- Retirement benefit 2-148(b) vice development.................. 21-45 Retirement date 2-148(a) Application , 21.42 Termination of employment.......... 2-148(f) Definitions 21-44 Definitions 2-146 Intent and purpose Discharged members 2-156(a) Comprehensive plan, implementation of 21-43(a) Incompetents 2-156(d) Management/monitoring and regula- Membership tort' program, establishment of 21-43(b) Application for membership 2-147(b) Minimum requirements 21-43(c) Change in designation of beneffciary.. 2-147(c) Management and monitoring program Conditions of eligibility 2-147(a) Amendments to CIE and annual Nonassignability 2-156(b) budget, recommendations on 21-46(c) 2947 NORTH PALM BEACH CODE PLANNING AND DEVELOPMENT-Contd. Section POLLUTION-Contd. Section Annual public facilities update report. 21-46(6) Stormwater management provisions re pol- Generally.. 21-46(a) lutantloads 21-67 Regulatory program Waterways, pollution of 5-13 Exemptions 21-47(6) Wellfield protection Generally 21-47(a) Regulation of business activities with po• Public facility adequacy, review to de- tential to contaminate land and water termine 21-47(c) resources 19-221 Short title 21-41 PRECEDING, FOLLOWING Filing fees and costs for voluntary annex- ation of land Definitions and rules of construction...... 1-2 Enactment and authority 21-2(a) PROFANITY Fees: application 21-2(c) Vulgar language prohibited in public places 19-65 Jurisdiction 21-2(b) Planning commission, advice o£ 21-2(d) PROPERTY Stormwater management , . , 21-61 et seq. Abandoned, inoperative and junked prop- See: STORMWATER MANAGEMENT erty 14-37 et seq. Subdivision regulations 36-1 et seq. See: GARBAGE AND TRASH See: SUBDIVISIONS (Appendix B) Appearance plan (Appendix A). See that sub- Zoning regulations 45-1 et seq. ject See: ZONING (Appendix C) Definitions and rules of construction...... 1-2 Dogs on property of others 4-28(6) PLANNING COMMISSION Insurance excise taxes; property insurance Composition; conduct generally premiums 26-17 Created 21-11(a) Noise from property 19.102 Meetings 21-11(c) Signs projecting over public property 6-121 Membership 21-11(6) Subdivision regulations.................. 36.1 et seq. Powers and duties 21-11(d) See: SUBDIVISIONS (Appendix B) Zoning ordinances, changes to............ 21-12 Weeds and brush 14-79 et seq. PLATS. See: SURVEYS, MAPS AND PLATS See: WEEDS AND BRUSH PLAYGROUNDS. See: PARKS, PLAY- PUBLIC PLACES. See: STREETS, SIDE- WALKS AND PUBLIC PLACES GROUNDS AND RECREATION PUBLIC RECORDS. See: DOCUMENTSAND POLICE PUBLIC RECORDS Court cost Assessment of additional court cost for law PUBLIC SAFETY DEPARTMENT enforcement education expenditures 1-9 Director's duties Department of public safety, provisions re Designate instructor 2-76(2) police division 2-76(6) Make assignments..................... 2-75(1) Elections; policemen to be present at polling Divisions place 10-77 Fire Fire division, provisions re police assistance 12-43 Fire fighting 2-76(c)(3) Impersonating police officer 19-8 Fire prevention 2-76(c)(4) Pension and certain other benefits for fire Maintain equipment 2-76(c)(2) and police employees 2-159 et seq. Report losses........................ 2-76(c)(1) See: PENSIONS AND RETIREMENT Generally 2-76(a) Reserve force Police Application for membership 23.43 Crime prevention 2-76(6)(3), (4) Compensation 23-50 Investigation........................ 2-76(6)(3) Created; purpose 23-42 Patrol 2-76(6)(2) Director of public safety, appointment to ~ Radio 2-76(6)(6) serve by 23-45 Records............................. 2-76(6)(1) Oath required 23-47 Traffic.............................. 2-76(6)(5) Powers and duties 23-48 Reserve list to be maintained 23.44 PUBLIC SERVICES DEPARTMENT Resignation 23.46 Director's duties......................... 2-84 Uniforms and insignia 23-49 Divisions Municipal garage 2-85(4) POLLUTION Parks 2-85(2) Smoke, dust, odors, liquids, etc........... 19-9 Permits and. inspections 2-85(1) "2948 CODE INDEX PUBLIC SERVICES DEPARTMENT-Contd. Section SIGNATURE, SUBSCRIPTION Section Refuse disposal 2-85(5) Definitions and rules of construction...... 1-2 Signal service 2-85(3) SIGNS AND BILLBOARDS Street maintenance 2-85(6) Code enforcement board, applicability re 2-173 Country club; provisions re signs 9-2 R Outdoor displays. See herein: Signs and Out- door Displays RABIES CONTROL Parking in violation of signs 18-36 Provisions enumerated 4-42 et seq. Parks, regulations re traffic signs 20-5(3) See: ANIMALS AND FOWL Signs and outdoor displays RADIOS Area regulations Regulations and guidelines for various Noise control 19-104 height and area computations 6-134 Police division, provisions re radio mainte- Banners nance 2-76(b)(6) Placing banners, etc., across streets... 6.122 REASONABLE TIME Definitions 6-112 Definitions and rules of construction...... 1-2 Defunct businesses, discontinued products Removal of signs advertising......... 6-118 RECORDS. See; DOCUMENTS AND PUBLIC Design and stress diagrams required.... 6-124 RECORDS District regulations Commercial districts, signs in 6-135 RECREATION. See: PARK, PLAYGROUNDS Permitted signs in all zoning districts. 6-138 AND RECREATION Public district, signs in 6-137 REFUSE. See: GARBAGE AND TRASH Specific sign requirements by zoning districts 6-136 RESTROOMS Freestanding signs . . 6-127 Parks and recreation facilities; failure to co- Height regulations operate in keeping restrooms neat or Regulations and guidelines for various sanitary 20-2 height and area computations.... 6-134 Identification of signs 6-114 RETIREMENT. See: PENSIONS AND RE- Illuminated signs 6-131 TIREMENT Inspection of signs 6-115 Location restrictions 6-120 S Maintenance 6-117 Marquee signs 6.130 SAND DUNES Outdoor advertising displays generally.. 6-111 Flood damage prevention provisions 12.5.45 Permits Fees 6-113(b) SANITATION. See: HEALTH AND SANITA- Required,_ 6.113(a) TION Plastic materials, use of Definition of approved plastic 6-133(d) SCHOOLS Flammability 6.133(a) Coin-operated amusements; proximity to Letters and decorations 6-133(c) schools restricted 19-4 Size of facings....................... 6-133(b) SEAWALLS Projecting signs 6.129 Bulkheads and seawalls, construction re- Public property, signs projecting over 6-121 quirements re 5-69 et seq. Street numbers required See: BOATS, DOCKS AND WATER- Commercial buildings with wall facing alley . 6-123(b) WAYS Generally 6-123(a) SHALL, MAY Height; color 6-123(c) Definitions and rules of construction...... 1-2 Maintenance . 6-123(d) Unlawful signs 6.119 SHRUBBERY. See: TREES AND SHRUB- Unsafe signs 6-116 BERM Vehicle signs . 6-132 SIDEWALKS. See: STREETS, SIDEWALKS Wall signs 6.128 AND PUBLIC PLACES Wind pressure 6.125 Working stresses 6-126 SIGNAL DEVICES SOCIAL SECURITY Noise control 19-103 Agreement authorized 2-138 2949 i NORTH PALM BEACH CODE SOCIAL SECURITY-Contd. Section STREETS, SIDEWALKS AND PUBLIC Section Appropriations by village 2-140 PLACES-Contd. Declaration of policy 2-136 Motor vehicles and traffic................ 18-16 et seq. Exclusions from coverage 2-137 See: MOTOR VEHICLES AND TRAFFIC Records and reports 2-141 Obstructing passageway 19-47 Social security act adopted 2-143 Profanity; vulgar language prohibited 19-65 Withholding and reporting agent 2-142 Public services department Withholding from wages 2-139 Division of permits and inspections 2-85(1) ' Streets maintenance division........... 2-85(6) SPITTING Sidewalks and driveways Spitting in public places prohibited 19-5 Dangerous or abandoned driveways..... 24-46 Inspection fees; deposits pending approval 24-45 STATE Performance of work by village upon Definitions and rules of construction...... 1-2 failure of compliance 24-47 Permits STENCH BOMBS Driveway construction Excepted uses 19-82(c) Application; information required 24-58 Possession prohibited 19-82(b) Prohibited in certain instances..... 24-57 Throwing or depositing 19-82(a) Required.......................... 24-56 STORMWATER MANAGEMENT Separate permits required for drive- ways and sidewalk construction 24-55 Adoption 21-61 Sidewalks Applicability 21-61 Constructed required in certain cases. 24-41 Design 21-61 Exceptions to requirements 24-42 Finished floor of structures, level of....... 21-63 Specifications Objectives of system design 21-68 Driveways 24-43(c) Open channels and outfall ditches 21-66 Generall 24-43(a) Post development runoff rates, volumes and Y pollutant loads 21-67 Sidewalks........................... 24-43(b) Storm drainage facilities generally 21-64 Village engineer, driveways to be con- structed under supervision of....... 24-44 Stormwater retention systems............ 21-69 Smoke, dust, odors, liquids, etc........... 19-9 Streets Spitting in public places prohibited 19-5 i Minimum street grades 21.62 Stormwater management, applicable provi- Roadside swales 21.65 lions re............................. 21-62, 21-65 Subdivisions, required improvements re... 36.31 Subdivision regulations 36.1 et seq. Water quality 21-70 See: SUBDIVISIONS (Appendix B) STREETS, SIDEWALKS AND PUBLIC Swale areas, sodding required in certain in- PLACES stances 24-3 Banners Trees in swale areas 27-16 et seq. Placing banners, etc., across streets..... 6.122 See: TREES AND SHRUBBERY Buildings Utilities Street numbers required 6.123 Public utilities, cost of changing or re- Code enforcement board, applicability re 2-173 moval of 24-4 Definitions and rules of construction...... 1-2 Use of rights-of--way for utilities 28-1 et seq. Dogs on streets and sidewalks............ 4-28(a) See: UTILITIES Excavations SUBDIVISIONS (Generally) Definition 24-16 Appearance plan (Appendix A). See that sub- Equipment to be guarded 24-18 ject Liability of village 24-20 Code enforcement board a licabilit re 2-173 PP ~ Y Permits Flood damage prevention provisions 12.5.41(4) Fees 24-29 Zoning regulations 45.1 et seq. Required 24.28 See: ZONING (Appendix C) Protective measures 24-19 Refilling, tamping by excavator 24-17 SUBDIVISIONS (Appendix B) Resurfacing by village 24-17 (Note-Section contained herein refer to sec- Handbills; distribution restricted 19-7 tions found within Appendix B) Hitchhiking prohibited 19-6 Amendments Landscaping 27-31 et seq. Public hearing required................ 36-39.1 See: LANDSCAPING Definitions Missiles,throwing 19.83 General terms......................... 36-5 2950 CODE INDEX SUBDIVISIONS (Appendix B)-Contd. Section SUBDIVISIONS (Appendix B)-Contd. Section Specific terms . 36-6 Clearing, Vegetation and Wildlife Design standards Protection and Preservation Alleys 36-20 Jurisdiction............................. 26-3 Blocks. See within this subheading: Lots Legal status and Blocks Conflicting regulations 36-41 Comprehensive plan, conformity with... 36.17(1) Effective date 36-42 36-40 Easements and rights-of-way Saving clause . Access waterways 36-22(c) plats, platting Drainage 36-22(b) procedures for subdivision plat approval. Utilities • • 36-22(a) See herein that subject Lots and blocks Procedures for subdivision plat approval Access 36-18(3) Construction plan specifications 36-13 Block lengths 36-18(6) Double frontage lots 36-18(5) Construction plans procedure Lot lines.......... Preparation of construction plans..... 36.12(1) 36-18(4) Lot size 36.18(1) Submission and review of construction Residence lots, minimum 36-18(2) Plans••••••••••••••••••••••••••• 36-12(2) Public sites and open spaces............ 36-23 Surety device, posting of 36.12(3) Rights-of-way. See within this sub- Final plat procedure heading: Easements and Rights- Application for final plat approval.... 36-14(2) Of-Way Generally . 36-14(1) Sidewalks 36.21 Planning commission action.... • 36-14(4) Soil and flood hazards, consideration of . 36-17(2) Planning commission review 36.14(3) Streets Recording of final plat 36.14(6) Adjoining property, street access to 36-19(7) Village council action . 36-14(5) Arterial streets, subdivisions on 36.19(2) Final plat specifications 36-15 Culs-de-sac 36-19(6) General prerequisites to 36-7 Halfstreets 36-19(8) Pre-application conference 36-9 Intersection design 36-19(4) Preliminary plat procedure Minimum street design specifications . 36-19(5) Application for preliminary plat ap- Minor streets 36-19(1) proval.......................... 36-10(1) Railroads or limited access highway, Developments of regional impact 36-10(2) subdivisions on 36-19(3) Effect of approval 36-10(9) Street names 36-19(9) Failure of planning commission to take Subdivision entrances 36.25 action 36-10(8) Water bodies, access to 36-24 Fees................................ 36-10(3) Enactment and authority 36-2 Notification of action 36-10(7) Enforcement provisions Planning commission action.......... 36-10(6) Appeals 36-35 Planning commission review 36-10(5) Erection of buildings and issuance of per- Review comments 36-10(4) mite 36-38 Preliminary plat specifications 36-11 General enforcement regulations 36.36 Qualification of person making survey 36-8 Land clearing, vegetation and wildlife pro- Reversion of subdivided land to acreage . 36-16 tection and preservation Purpose and intent 36.4 Application procedure for vegetation re- Required improvements moval unrelated to building permit Bikeways 36.29.1 applications...........•......... 36-38.1(3) Bridges 36-30 Exceptions 36-38.1(5) General requirements 36.26 Fees 36-38.1(6) Monuments Generally 36-38.1(1) Permanent control points 36-27(b) Vegetation protection during construe- Permanent reference monuments...... 36-27(a) tion 36.38.1(4) Planned unit development alternatives . 36.34 Vegetation removal permit, application ~ Screening walls and landscaping 36-33 procedure 36.38.1(2) Sidewalks..........................•.. 36-29 Required improvements 36.37 Storm water management.............. 36-31 Vegetation. See within this subheading: Streets Land Clearing, Vegetation and Wild- Arterial and collector streets 36-28(a) life Protection and Preservation Curb and gutter 36-28(c) Wildlife protection and preservation. See Marginal access streets 36-25(b) within this subheading: Land Pavement base..... • 36.28(f) 2951 NORTH PALM BEACH CODE SUBDIVISIONS (Appendix B)-Contd. Section T Section Subgrade 36.28(e) TAXATION Swales 36.28(4) Wearing surface 36.28(g) Insurance excise taxes 26-16, 26.17 Utilities Occupational licenses... . . . . . . . 17-16 et seq. Sanitary sewer 36.32(a) See: LICENSES AND PERMITS Septic tanks 36-32(e) Utility tax 26-29 et seq. Underground utilities 36-32(4) See: UTILITY TAX Water and sewer systems 36.32(c) TELEPHONES Water supply 36-32(b) Alarms; interference with public safety de- Wells partment trunk line prohibited....... 19-215 Individual wells prohibited in certain areas of village 36-32(f1 TENSE Short title 36-1 Definitions and rules of:construction...... 1-2 SURVEYS, MAPS AND PLATS TIME Official zoning map 45.17 Definitions and rules of construction...... 1-2 Subdivision regulations 36-7 et seq. TRAFFIC. See: MOTOR VEHICLES AND See: SUBDIVISIONS (Appendix B) TRAFFIC SWALE AREAS TRASH. See: GARBAGE AND TRASH Sodding required in certain instances..... 24-3 Trees in Swale areas 27-16 et seq. TREASURY DEPARTMENT See: TREES AND SHRUBBERY Treasurer's duties Accounts of receipts and expenditures... 2-51(6) SWEAR OR SWORN. See: OATH, AFFIRMA- Bonds, responsibility for proceeds of 2-51(5) TION, SWEAR OR SWORN Books, examination of 2-51(2) Collect moneys and fees due village..... 2-51(10) SWIMMING Debt, cancellation of evidences of....... 2-51(7) Bathing regulations; diseased persons pro- Default of officer, duty upon............ 2-51(4) hibited from bathing in public pool, etc. 19.3 Delinquent payments and financial re- Restricted waters, swimming in 5-3 ports 2-51(3) Fiscal supervision over officers......... 2-51(1) SWIMMING POOLS Monthly report to finance director 2-51(12) Code enforcement board, applicability re 2-173 pay village employees 2-51(9) Construction permits Permits and licenses 2.51(11) Plans 25.24 Receive and disburse moneys........... 2.61(8) Required; application; fees 25-23 Country club premises regulations........ 9-1 TREES AND SHRUBBERY Cross•connection of filtration equipment and Code enforcement board, applicability re 2-173 water supply............ 25-7 Landscaping 27-31 et seq. I " Definitions 25-1 See: LANDSCAPING Electrical equipment 25-8 Missiles, throwing....................... 19-83 Final approval before use 25-2 Parks and recreation facilities; climbing ~ Grade 15-11 trees,etc............................ 20-4 Hair and lent strainers 25-5 Swale areas, trees in ~ Public and private pools Definitions 27-16 Construction 25.36 Planting and removal; written approval Fencing required.......... 27-17 Modifications and exceptions......... 25-38 Scope 27-19 Requirements 25-37 Variety and location................... 27-18 Recirculating piping and fittings, require- ments for 25-9 IJ Scum-gutters 25.6 Setback 25.3 UTILITIES Tamping back-fill 25.10 Flood damage prevention provisions 12.5-41(3), (5) Vacuum cleaner 25-4 Franchises enumerated. See Appendix D Water circulations 25-4 Street construction work; cost of changing or removal of public utilities 24.4 SWITCHBLADE KNIVES Subdivision design standards re easements Sale prohibited 19-185(a) and rights-of--way.................... 36.22(x) 2952 CODE INDEX UTILITIES-Contd. Section WATER SHORTAGE EMERGENCIES- Section Subdivisions, required improvements re... 36-32 Contd. Use of rights-of--way for utilities Water shortage plan 19.202(b) Code enforcement board, applicability re 2-173 Sanitation, exception to maintain......... 19-205 Rules and regulations adopted.......... 28-1 Violations and penalties 19-206 Written permit (franchise) Contents 28-3 WATER SUPPLY AND DISTRIBUTION Required; term 28-2 Stormwater management 21-61 et seq. See: STORMWATER MANAGEMENT UTILITY TAX Wellfield protection 19-220;.19-221 Collection 26-30 WATERWAYS. See: BOATS, DOCKS AND Exemption 26-31 WATERWAYS Levied;rate 26-29 WEAPONS. See: FIREARMS AND V WEAPONS VILLAGE WEEDS AND BRUSH Definitions and rules of construction...... 1-2 Lien Recorded statement of removal costs con- VILLAGE COUNCIL stitutes lien; collection 14.53 Compensation 2-16 Notice to destroy........................ 14.80 Definitions and rules of construction...... 1-2 Owner to bear costs of removal........... 14-82 Elections; village council to constitute can- Prohibited over certain height............ 14-79 vassing board 10-11 Removal by village...................... 14-81 Meetings Adjournment of all meetings 2-19 WEEK Regular meetings Definitions and rules of construction...... 1-2 Presiding officer 2-18 WEIGHTS AND MEASURES When held 2-17 Motor vehicle operation; weight limitations Rules of procedure. See herein that sub- on certain roads 18-18 ject Noise measurement procedure............ 19-113 Rules of procedure Order of business 2-26 WELLFIELD PROTECTION Parliamentary rules 2-27 Business activities with potential to contam- Village clerk, duties re 2.67 inate land and water resources, regula- tion of 19-221 VILLAGE MANAGER County wellfield protection ordinance Administrative code, provisions re 2-39 et seq. adopted by reference 19-220 See: ADMINISTRATIVE CODE Bond 2-117 WRITTEN, IN WRITING Budget procedures, duties re 2-2 Definitions and rules of construction...... 1-2 Country club, provisions re resolution of manager conflict 9-22 y Removal 2-116 Residency 2-115 YARDS AND OPEN SPACES Landscaping 27-31 et seq. VOYEURISM See: LANDSCAPING Window peeping prohibited 19-66 Zoning regulations 45-27 et seq. See: ZONING (Appendix C) W YEAR WALLS. See: FENCES, WALLS, HEDGES Definitions and rules of construction...... 1-2 AND ENCLOSURES Z WATER SHORTAGE EMERGENCIES Application 19-201 ZONING (Generally) Definitions 19-200 Appearance plan (Appendix A). See that sub- • Enforcement ject Emergency power 19-204 ~ Code enforcement board, applicability re 2-173 Generally 19-203 Landscaping; conflict with zoning ordinance 27.39 Implementation Planning commission; changes to zoning or- Authority to implement 19.202(a) dinances 21-12 2953 i II t NORTH PALM BEACH CODE ZONING (Generally)-Contd. Section Signs, district regulations re 6-136 et seq. See: SIGNS AND BILLBOARDS Subdivision regulations 36.1 et seq. See: SUBDIVISIONS (Appendix B) i- [The next page is 2966] 2954 CODE INDEX ZONING (Appendix C) Section ZONING (Appendix C)-Contd. Section (Note-Sections contains herein refer to sec- Off-street parking lot layout, construc- tions contained within Appendix C) lion and maintenance 45-31.1(H) Amendments Permitted uses 45-31.1(B) Changes and amendments 45-5 Site area.............................. 45-31.1(E) Fees; waiting periods Yarda and open spaces 45-31.1(F) Application for variances 45-50 Changes and amendments 45-5 Applications for rezoning, etc......... 45.49 Conflict of provisions 45-4 Architecture C-OS Conservation and Open Space Dis- C-A Commercial District 45-31(~ trict CB Commercial District 45-31.10 Coastal zone protection 45-35.2(C) Buildings Intent 45-35.2(A) District regulations, buildings and uses Permitted uses 45-35.2(B) to conform to 45-19 Definitions.............................. 45-2 Floor area regulations. See herein: Floor Districts Area Division of village into districts 45-16 Height regulations. See herein: Height Enumerated 45-16 Nonconforming uses of land and strut- See also specific districts as indexed lures. See herein that subject General provisions 45-36 Site area regulations. See herein: Site Floor area Area C-1 Neighborhood Commercial District.. 45-33(F) C-1 Neighborhood Commercial District C-lA Limited Commercial District...... 45-32(F) Conditions for permitted uses 45-33(G) C-2 General Commercial District 45-34(C) Floor area 45-33(F) C-A Commercial District............... 45-31(I) Heights 45.33(B) CB Commercial District 45-31.1(I) Off-street parking 45.33(E) R-2 Multiple-Family Dwelling District 45-28(E) Permitted uses 45.33(A) R-3 Apartment Dwelling District 45-30(F) Site area 45-33(C) Height Yards and open spaces 45-33(D) C-1 Neighborhood Commercial District.. 45.33(B) C•lA Limited Commercial District C-lA Limited Commercial District...... 45-32(B) Conditions for permitted uses 45-32(G) C-2 General Commercial District 45-34(C) Floor area 45-32(F) C-A Commercial District............... 45.31(D) Height 45.32(B) CB Commercial District 45.31.1(D) Permitted uses 45-32(A) R-1 Single-Family Dwelling Districts 45-27(B) Site area 45-32(C) R-2 Multiple-Family Dwelling District.. 45-28(B) Yards and open spaces 45-32(D) R-3 Apartment Dwelling District 45-30(B) C-2 General Commercial District Historic site overlay district Definitions 45-37(b) Height, site area, yards and open spaces, Local register of historic sites off-street parking and floor area 45-34(C) Creation o£ 45-37(C) Performance standards 45.34(B) Initiation of placement on............ 45-37(D) Permitted uses. 45.34(A) placement on 45-37(E) C-A Commercial District Certificate of appropriateness 45-37(H) Architecture 45-31(J) Criteria for listing on................ 45-37(F) Conditions for permitted uses 45-31(C) Effect of listing on 45-37(G) Floor area 45-31(I) Purpose............................... 45-37(a) General description 45-31(A) Interpretation of provisions 45-3 Height 45-31(D) Map Off-street parking and loading.......... 45.31(G) Official zoning map. See herein that sub- Off-street parking lot layout, construc- ject lion and maintenance 45-31(H) Nonconforming uses of land and structures Permitted uses 45.31(B) Extension and enlargement 45.61 Yards and apen spaces 45-31(F) Intent................................ 45-60 CB Commercial District Land, nonconforming uses of 45-63 Architecture 45-31.1(J) Lots of record, nonconforming 45-62 - Conditions for permitted uses 45-31.1(C) Repairs and maintenance 45.66 Floor area 45-31.1(I) Structures and premises in combination, General description 45-31.1(A) nonconforming uses of............. 45.65 Height 45-31.1(D) Structures, nonconforming............. 45-64 Off-street parking and loading.......... 45-31.1(G) Temporary uses 45-67 2965 NORTH PALM BEACH CODE ~- - ZONING (Appendix C)-Contd. Section ZONING (Appendix C)-Contd. Section Oceanfront land Height 45-28(B) Ocean setback 45-22 Off-street parking..................... 45-28(F) Official zoning map Permitted uses 45-28(A) Adopted by reference 45-17(1) Site area.............................. 45-28(C) Boundary conflict interpretations....... 45.18 Yards and open spaces 45-28(D1 Buildings and uses to conform to district R-3 Apartment Dwelling District regulations 45.19 Floor area 45-30(F) Changes . 45-17(3) Height.............,.................. 45-30(B) Damaged, destroyed, etc 45.17(5) Off-street parking 45-30(E} Identification 45-17(2) Permitted uses......................... 45-30(A) Loeation;final authority 45-17(4) Site area.........................,.... 45-30(C) Off-street parking Yards and open spaces 45-30(D) C-1 Neighborhood Commercial District.. 45.33(E) Setbacks C-lA Limited Commercial District...... 45-32(E} Oceanfront land . 45.22 C-2 General Commercial District....... 45.34(C) Short title 45-1 C-A Commercial District 45-31(G),(H) Site area CB Commercial District 45-31.1(G),(H} C•1 Neighborhood Commercial District.. 45-33(C) R-1 Single-Family Dwelling Districts 45.27(E) C-lA Limited Commercial District...... 45.32(C) R•2 Multiple•Family Dwelling District 45-28(F) C-2 General Commercial District 45-34(C) R-3 Apartment Dwelling District 45.30(E) C-A Commercial District 45.31(E) Open spaces. See herein: Yards and Open CB Commercial District 45-31.1(E) Spaces R-1 Single-Family Dwelling Districts 45-27(C} Parking R-2 Multiple-Family Dwelling District 45-28(C) Off-street parkingregulations. See herein: R-3 Apartment Dwelling District 45-30(C) Off-Street Parking Violation and penalty 45-6 Performance standards Yards and open spaces C-2 General Commercial District 45-34(B) C-1 Neighborhood Commercial District.. 45-33(D) Permitted uses C-lA Limited Commercial District..... , 45.32(D) - C-1 Neighborhood Commercial District. , 45-33(A), (G) C-2 General Commercial District 45.34(C) C-lA Limited Commercial District...... 45-32(A), (G) C-A Commercial District 45-31(F) C-2 General Commercial District....... 45-34(A) CB Commercial District 45-31.1(F) ~ C-A Commercial District 45-31(B), (C) R-1 Single-Family Dwelling Districts 45.27(D) ! CB Commercial District 45-31.1(B), (C) R-2 Multiple-Family Dwelling District 45-28(D) C-OS Conservation and Open Space Dis- R-3 Apartment Dwelling District 45-30(D) trict 45-35.2(B) R-1 Single-Family Dwelling Districts 45.27(A) R-2 Multiple-Family Dwelling District 45.28(A) R-3 Apartment Dwelling District 45-30(A) Planned unit development Filing of application 45-35.1(II) Planning commission Action of 45.35.1(IV) Referral to 45-35.1(III) Statement of intent. . 45-35.1(I) Village council Action of 45-35.1(V) Effect of approval of 45-35.1(VI) Public district Restricted uses 45-35 R-1 Single-Family Dwelling District . Annexed land in 45.20 Height 45.27(B) Off-street parking 45-27(E) Permitted uses 45.27(A) Site area 45-27(C) Yards and open spaces 45-27(D) R-2 Multiple-Family Dwelling District Community residential home regulations 45-28(G) Floor area 45-28(E) I 2966 Chapter 9 COUNTRY CLUB* Art. I. In General, 9-1-9-16 Art. II. Administrative Board, 9-16-9-31 Art. III. Finances, § 9-32 *Charter reference-Country club administrator, Art. IV, § 6. Cross reference-Parks, playgrounds and recreation, Ch. 20. 559 r r COUNTRY CLUB § 9-2 ARTICLE I. IN GENERAL hour after sunset to one (1) hour before sunrise each day. b. Other areas at the North Palm Beach Sec. 9.1. Premises-General regulations. Country Club, including the clubhouse, tennis facilities, swimming pool area No person, other than village employees or per- and winter club except during daylight sons authorized by the village, on the premises of hours and during the hours of one (1) the North Palm Beach Country Cl'ub,, including hour after sunset and one (1) hour be- the North Palm Beach Country Club Golf Course, fore sunrise as the premises are lighted tennis club and tennis facilities, driving range, and use thereof has been expressly ap- swimmingpool area, dining room, bar, winter club proved by the village for the country facilities and all other premises included within club restaurant, bar facilities, swim- the property acquired by the village as part of the ming pool area, tennis courts, golf North Palm Beach Country Club, both under the course, driving range and the winter original purchase and under the option by which club. The opening and closing hours for it acquired the tennis club area, shall: such latter areas shall be posted at the (1) Disfiguration and/or removal o f building main entrance to the facilities for public and other property. information. One (1) hour after sunset and one (1) hour before sunrise, all por- a. Willfully mark, deface, disfigure, in- tions of the North Palm Beach Country jure, tamper with or displace or remove Club which are not lighted and per- any building, paving or paving mate- mitted for use as described above shall rials, lawn, sod, water line or other be closed to the public, and no person public utilities, parts of appurtenances or persons shall walk or be upon any thereof, signs, notices or placards, portion of the country club premises whether temporary or permanent, or which is closed to the public during any other structures, equipment, facil- those hours. itees or country club property or appur- (Ord. No. 5-50, § 1, 3-13-80) tenances thereto, either real or per- Editor's note-Ordinance No. 5-80, § 1, adopted Mar. 13, sonal. 1980, amended the Code with the addition of a new § 9-21. However, in order to maintain Code format, the editor has b. Dig or remove or disfigure any of the redesignated the provisions as § 9.1. • tee areas, fairways, greens or rough on the North Palm Beach- Country Club Sec. 9-2. Same-Signs; enforcement; penal- Golf Course. ties. c. Damage, cut, carve, transplant or re- move any -tree or plant or injure the (a) The village manager shall place appropriate bark or pick the flowers or seeds of any signs advising the public of the closing of country tree or plant. Nor shall any person at- club facilities at each entrance to the North Palm tach any rope, wire or any contrivance Beach Country Club and at each of the North Palm to any tree or plant. A person shall not Beach Country Club facilities main entrances. dig in or otherwise disturb grassy areas (b) All employees at the North Palm Beach or in any other `way injure or impair Country Club and the public safety department the natural beauty or usefulness of any and public safety office at the village shall, in area. connection with their duties imposed by law, dil- (2) Hours. Be physically present on: igently enforce the provisions of sections 9-1 and 9-2. The North Palm Beach Country Club Man- e a. The golf course at the Village of North ager and ail persons employed at the North Palm Palm Beach Country Club, including Beach Country Club shall have the authority to all tees, fairways, greens and rough reject from the country club premises any person areas during the :period from one (1) acting in violation of sections 9-1 and 9-2. The 561 § 9-2 NORTH PALM BEACH CODE North Palm Beach Public Safety Department and Sec. 9.18. Removal. any North Palm Beach Public Safety Officer shall Members of the board shall serve at the plea- have the authority to enforce sections 9-1 and 9-2 sure of the village council and maybe removed at and to arrest any persons trespassing upon the any time with or without cause. If any member country club property in violation of the hours of fails to attend two (2) successive meetings without use and other provisions of sections 9-1 and 9-2. a board's excused absence, the board shall declare (c) Penalties. Violation of any provision of this the member's office vacant and the village council Code section shall be punished as provided in sec- shall promptly fill such vacancy for the unexpired tion 1-8 of this Code. term of office.. (Ord. No. 5-80, § 2, 3-13-80) (Ord. No. 39-90, § 3, 11-19-90) Editor's note-Ordinance No. 5-80, § 2, adopted Mar. 13, 1980, amended the Code with the addition of a new § 9-22. At s Sec. 9-19. Officers quorum; compensation. the editor's discretion, in order to maintain Code format, the provisions have been redesignated as § 9-2. At the first organizational meeting Of the board, the members shall elect a chairman, vice chairman Secs. 9.3-9.15. Reserved. and secretary from among its members. Subse- quent to the initial organizational meeting where officers are elected, the members shall elect the ARTICLE II. ADMINISTRATIVE BOARD* officers from among its members at the first reg- ular meeting in October of each year. The pres- Sec. 9.16. Created. ence of four (4) members shall constitute a quorum A country club administrative board (hereinaf- and motions shall be approved by a majority of ter referred to' as the board) for the village is members present. The members shall serve hereby created. without compensation. (Ord. No. 39-90, § 1, 11-19-90) (Ord, No. 39-90, § 4, 11-19-90) Sec. 9-17. Composition; terms; vacancies. Sec. 9-20. Meetings. (a) Composition. The board shall be appointed The board shall meet and shall schedule reg- by the village council and shall consist of seven (7) ular meetings twice per month. In addition, the members who shall be residents of the village. chairman may call special meetings and special meetings may be called by written notice signed (b) Terms. The initial appointments to the seven by at least four (4) members of the board. Minutes (7) member board shall be as follows: shall be kept of all meetings. Notice of all meet- (1) Four (4) members shall be appointed fora ings shall be posted in accordance with the proce- two-year term each, dures established by the village council. All meet- ings shall be open to the public. The attorney for (2) Three (3) members shall be appointed fora the village may give legal assistance to the board three-year term each. as required. The board shall enact or adopt rules (3) Thereafter all appointments shall be made for the conduct of its meeting. All members shall for a term of two (2) years each. be apprised of the applicability of the "sunshine law" to the board and its members. (c) Vacancies. An appointment to fill any va- (Ord. No. 39-90, § 5, 11-19-90) cancy shall be for the remainder of the unexpired term of office. Sec. 9-21. Duties. (Ord. No. 39-90, § 2, 11-19-90) (a) Management and administration. The board *Editor's note-Ordinance No. 39-90, adopted Nov. 19, shall have the' right, power, authority and duty to 1990, did not specifically amend this Code; hence, inclusion of 1-7 as Art. II, 9-16-9-22, was at the discretion of the exercise full supervision, control and responsi- editor. bility for the management and administration over Cross reference-Administration generally, Ch. 2. the North Palm Beach Country Club (hereinafter 562 COUNTRY CLUB § 9-21 referred to as club) including the daily operation dining room areas and other food and bev- ofthe various club activities. The club is a village- erage areas through enforcement of con- owned facility operated for the recreational enjoy- tract provision with concessionaires or ment of the entire village resident population. through direct supervision of country club Physical access to club facilities to resident non- employees. members shall be on par with club members who have prepaid their fees. The village resident non- (5) Business activities. Organize, coordinate and member shall have equal physical access to facil- supervise the various aspects of member- ities as club members by payment of the estab- ship and membership development and ad- lished daily fee rate schedule. Village council minister the business office. policy is to direct the board to prohibit discrimi- natory practices, excepting the established fee (6) Termination of employees or contractors. schedules, between club members and village res- Termination of village employees is subject ident nonmembers which would favor the club to approval of the village manager. Termi- members' accessibility to club facilities. The re- nation of contractors with the village is sub- sponsibility ofthe board shall be to plan, promote, ject to the approval of the village council. organize, coordinate, conduct and supervise a com- prehensive club program, including all forms of Rules and regulations. The board shall enact recreational, athletic and social activities and ad- and amend rules and regulations for the use by minister the same in the interest of the residents the membership and public of the club and its of the village and the members of the club which facilities. The board shall, at no time, enact or will include the following: amend rules or regulations that would be in der- ogation of contracts entered into between the vil- (1) Coordinate golf course area. Coordinate the lage council and the golf professional, tennis pro- use and maintenance of the North Palm fessional, pool manager or any other person or Beach golf course, putting greens, golf corporation. driving range, the pro .shop, bag and cart storage, cart shed, golf carts, and all facil- (c) Finances. In administering the business of- ities needed to carry out the country club fice, the board shall have the responsibility to golf program. The board shall further see make expenditures of monies required for opera- to the enforcement of terms and provisions tion of the club as budgeted by the village council. of any contract with a golf professional. All expenditures shall be approved according to the village purchasing rules and regulations. All (2) Swimming pool actiuities. Coordinate the revenues from the club and its operations shall be use and maintenance of the North Palm deposited with the department of finance. The Beach swimming pool, locker room areas board shall supervise the purchase of all mate- andpool deck area. The board shall further rials for which funds are provided for in the see to the enforcement of terms and provi- Country club budget; let contracts necessary for sions of any contract with a swimming pro- operation of club services up to and including two fessional. thousand dollars ($2,000.00); receive bills for pur- (3) Tennis courts actiuities. Coordinate the use chases in excess of two thousand dollars and maintenance of North Palm Beach ($2,000.00). No contract in excess of two thousand tennis courts and pro shop, located on the dollars ($2,000.00) shall be let except by village northern side of the clubhouse. The board council. All purchases in excess of two thousand shall see to the enforcement of terms and dollars ($2,000.00) shall be upon presentation to provisions of any contract with a tennis pro- the board for its approval and the board shall fessional. thereafter advise the village council on advan- tages or disadvantages of the bid proposal. The (4) Snack bar, lounge and dining room. Admin- board shall have no authority or power to obligate ister the use and maintenance of the the village for any monies in excess of that bud- country club snack bar, cocktail lounge and geted by the village council and the village shall 563 § 9-21 NORTH PALM BEACH CODE be under no duty or obligation to expend any country club until he has brought his account cur- monies in excess of the budgeted amount. rent. (Ord. No. 39-90, § 6, 11-19-90) (Code 1970, § 10.5-40; Ord. No. 211-70, § 1; Ord. . No. 9-71, § 9; Ord. No. 3-76, § 1, 3-11-76) Sec. 9.22. Village manager. If a conflict or irreconcilable difference arises ' between a department head of the club and the board in its exercise of management and admin- istration of the club, either the board or depart- ment head may present such conflict or difference to the village manager for resolution. (Ord. No. 39-90, § 7, 11-19-90) Secs. 9-23-9.31. Reserved. ARTICLE III. FINANCES Sec. 9-32. Delinquent accounts; penalties. (a) Effective November 1, 1971, all past-due charges for..goods or services purchased at the _ country club shall carry a penalty of one and one- half (11/2) percent of the amount due for each thirty (30) days the account is past due on all accounts ' where the past-due indebtedness is ten dollars ($10.00) or more. (b) Effective November 1, 1971, all past-due membership fees at the country club shall carry a penalty of orie and -one-half (11/2) percent ~of the amount past due for each thirty (30) days the mem- bership fee is~ past due on-all accounts where the ' past-due indebtedness is ten dollars ($10.00) or ' f more. (c) All ;billings for membership. fees and for goods or services purchased at the country club shall contain information advising the customer of the penalty charge for late payment, with at least athirty-day notice of such penalty. (d) In addition to the penalties set forth in Para- graphs (a) and' (b) of this section, any person whose account for membership fees or for goods and ser- vices purchased'at the country club is delinquent beyond two (2) billing periods shall have his mem- bership privileges suspended at the country club and -shall no longer be entitled to purchase goods and services or to utilize the facilities at the [The next page is 615] 564 I ELECTIONS § 10-60 Sec. 10.10. Same-Public measure. ARTICLE III. INSPECTORS AND CLERI£ Whenever a public measure shall be submitted to the vote of the people, the substance of such Sec. 10.58. Appointment. public measure shall be printed on the ballot one (1) time, after the list of candidates, if any, fol- (a) For the purpose of carrying on and con- lowed by the phrase, "For the Amendment" and ducting of general and special elections, it shall also by the phrase, "Against the Amendment" be the duty of the village council, at least twenty with a sufficient blank space thereafter for the (20) days prior to the holding of any election in the placing of the symbol "X" to indicate. the voter's village; to appoint at least three (3) intelligent, choice. discreet, fair-minded, qualified inspectors. and one (Code 197.0„ § 12-35),. (1) clerk of election for each polling place,: all of whom shall be residents and registered, qualified Sec. 10-11. Village council' to constitute can- electors of the village. vassing board. (b) The village council shall cause the names of The village council shall constitute the can- each inspector and clerk of such election to be vassing board and on the day after the election published in a newspaper of general circulation in officials have certified their returns, the village the village and by posting such notice on the bul- council shall canvass the returns and the absentee letin board at the village hall for a period of not ballots, if any, and officially proclaim the results less than fifteen (15) days next preceding such of the election by appropriate resolution. election, whether the same be general or special. (Code 1970, § 12=57) Only the names of the inspectors and clerks first selected by the village council shall be required to Sec. 10-12. Protest of election returns; inspec- be published for the prescribed fifteen-day period. tion by canvassing board. (Code 1970, § 12-22) Whenever any elector, bel'i'eving that election returns:: are erroneous and fraudulent, protests, Sec. 10.58`. Oath required. he shall' Have a right to file a written protest The inspectors. ands clerks of election. shall, be- against the canvass of such returns with the can- fore entering upon the: duties of their offices,. take vassing board specifying the polling place in which and subscribe an oath or affirmation. to the effect he believes such returns are erroneous or fraud- that they will perform the duties of. inspector and ulent. Such protest may be filed with the can- clerk respectively, according to law, and endeavor vassing board up until the time the canvass has to prevent any fraud, deceit or abuse inconducting been completed and the totals of votes tabulated. the election. Such oath may be taken: before the (Code 1970, § 12-58) village clerk or any officer._ aut'hnr-i~edito admin- ister oaths and shall be filed with tli~:supervisor Secs. 10.13-10-37. Reserved. of registration. (Code 1970, § 12-23) ARTICLE II. RESERVED* Sec. 10.60. Filling vacancy. Secs. 10.38-10.57. Reserved. In the case of absence or refusal to act of any inspector or clerk appointed by the village council, *Editor's note-Ord. No. 3-79, § 1, adopted Feb. 22, 1979, the remaining inspectors and clerk at any polling repealed 10-38-10-46, which sections constituted Art. II, place may fill all vacancies from the registered pertaining to absentee voting. Such sections derived from Code and qualified electors of the village, and provided 1970, 12-46-12-54. Section 2 of Ord. No. $-79 provided that the council shall not have filled such vacancy "that the provisions of the general laws of the State of Florida relating to absentee voting are hereby adopted as a part of the prior to_ the date of holding any such election. Election Code of the Village of North Palm Beach." (Code 1970, § 12-24) 619 § 10-61 NORTH PALM BEACH CODE Sec. 10-61. Compensation. Secs. 10-65-10-75. Reserved. Inspectors and clerks of any election shall be paid for their services by the village in such sum ARTICLE N. POLLING PLACE as may be determined, from time to time, by the village council. Sec. 10-76. Designated. (Code 1970, § 12-25) The polling place of the village shall be as here- inafter designated; from time. to time, by the vil- Sec. 10.62. Duty to maintain good order and lage council. report violations. (Code 1970, § 12-15) (a) The inspectors of election shall have full au- thority to maintain order at the polls and enforce Sec. 10-77. Policeman to be present. obedience to their lawful commands during an The council may designate one (1) of the officers election and during the canvass and estimate of of the police force of the village for each polling the votes. place, who shall be required to be present during (b) It shall be the duty of the clerk and inspec- the whole of the time the polls are kept open and tors to report any violation of this chapter to the until the election is completed. He shall be subject village council. If ordered by a majority of the to all lawful commands of the inspectors, and shall board at any precinct, any person presenting him- see that there is no interruption of good order. self to vote may be arrested by any peace officer Such police officer shall have the power to main- attending such precinct, for known violations of tain peace and to summon a posse from among the this chapter. bystanders to aid him in maintaining the peace (Code 1970, § 12-26) and good order at the polls. (Code 1970, § 12-18) Sec. 10.63. Organization. One (1) inspector shall act as the chairman of the election board at each polling place. In any and all questions that may arise before such in- spectors of election, the decision of the majority of them shall decide the question. (Code 1970, § 12.27) Sec. 10-64. Instruction prior to election. The supervisor of registration and the village council shall, prior to each election, give such in- struction as necessary to the members of the elec- tion board concerning their duties for the proper conducting of the election and for the proper op- eration of voting machines. Such instruction shall be given not more than ten (10) days prior to the date of the election and as near to each election as practicable. This shall not be construed to mean that instruction is required to be given to each election board before each election but to provide for instruction of election boards needing instruc- tion in order to properly perform their duties. (Code 1970, § 12-28) [The next page is 671] 620 Chapter 11 ELECTRICITY* Art. I. In General, 11-1-11-10 Art. II. Electricial Code, 11-11, 11-12 *Editor's note-Ordinance No. 10-78, § 1, adopted May 25, 1978, repealed 13-1-13-35 of the 1970 Code, which had been codified as Arts. I-VI, 11-1-11.12, 11-24, 11-36-11-44, 11-56-11-66, of the 1978 Code. Such sections additionally derived from Ord. No. 12.73', § 1, and Ord. No. 17-75, § 1, Oct. 9, 1975. See also the editor's note to the title of Art. II. Cross .reference-Buildings and building regulations, Ch. 6; fire prevention and protection, Ch. 12; enforcement of Ch. 11 by code enforcement board, § 2-171 et seq.; housing, Ch. 15; use of rights-of--way for utilities, Ch. 28. 671 i ~ ELECTRICITY § 11-12 ARTICLE I. IN GENERAL 80-12. Violations and penalties. Delete entirely. (Ord. No. 10-78, § 3, 5-25-78; Ord. No. 7-79, § 2, Secs. 11.1-11-10. Reserved. 4-26-79; Ord. No. 6-82, § 2, 2-25-82; Ord. No. 13-85, § 2, 8-8-85; Ord. No. 19-86, § 2, 11-13-86; Ord. No. 6-88, § 2, 1-28-88) ARTICLE II. ELECTRICAL CODE* Sec. 11.11. Electrical code and county amendments adopted. Under the authority of F.S. section 553.73, the village hereby adopts, by reference thereto, the National Electrical Code, 1987 edition, and the recommended amendments of the building code advisory board of the county, as the electrical code for the village. There have been for at least ten (10) days last past and shall be, during the time that this code is in effect, three (3) copies of such code and recommended amendments kept avail- . able for public use, inspection and examination. (Ord. No. 10-78, § 2, 5-25-78; Ord. No. 7-79, § 1, 4-26-79; Ord. No. 6-82, § 1, 2-25-82; Ord. No. 13-$5, § 1, 8-8-85; Ord. No. 19-86, § 1, 11-13-86; Ord. No. 6-88, § 1, 1-28-88) Editor's note-It should be noted that the county amend- ments referred to herein are not set out; the amendments may be found in the office of the village clerk. Sec. 11.12. Amendments, corrections, addi- tions. The following amendments, corrections and ad- ditions to the recommended amendments of the building code advisory board of the county are hereby made and adopted, such amendments, cor- rections and additions being set forth herein with reference to and prefaced by the section number and title of the amendments, as follows: 80-8.10.4. Schedule of permit fees. Amend to read: See Chapter 6, Article II of the village Code. 80-10. Board of adjustment and appeals: The board referred to within this section shall be the village contractors board. *Editor's note-Ordinance No. 10.78, 2, 3, enacted May 25, 1978, adopted provisions designated as 13-1, 13-2 of the 1970 Code; the editor has redesignated the provisions as Art. II, 11-11, 11-12 of this Code. [The next page is 723] 673 1