2011-21 Code Amendment - Public Safety ORDINANCE NO. 2011-21
•
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES TO REFLECT THE DIVISION OF THE PUBLIC SAFETY
DEPARTMENT INTO THE LAW ENFORCEMENT (POLICE)
DEPARTMENT AND THE FIRE RESCUE DEPARTMENT; AMENDING
CHAPTER 1, "GENERAL PROVISIONS, BY AMENDING SECTION 1-9;
AMENDING ARTICLE III, "ADMINISTRATIVE CODE," OF CHAPTER 2,
"ADMINISTRATION," BY AMENDING SECTIONS 2-40, 2-41, 2-75, 2-76
AND ADDING NEW SECTIONS 2-81, 2-82 AND 2-83; AMENDING
ARTICLE I, "IN GENERAL," ARTICLE II, "DOGS AND CATS," AND
ARTICLE III, "RABIES CONTROL," OF CHAPTER 4, "ANIMALS AND
FOWL," BY AMENDING SECTIONS 4-5, 4-12, 4-29, 4-30 AND 4-44;
AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 5, "BOATS,
DOCKS AND WATERWAYS," BY AMENDING SECTIONS 5-17, 5-19, 5-20,
5-21 AND 5-22; AMENDING ARTICLE II, "CIVIL DISORDERS AND
DISTURBANCES," OF CHAPTER 8, "EMERGENCY MANAGEMENT," BY
AMENDING SECTION 8-22; AMENDING ARTICLE I, "IN GENERAL," OF
CHAPTER 9, "COUNTRY CLUB," BY AMENDING SECTION 9-2;
AMENDING ARTICLE II, "EMERGENCY MEDICAL SERVICES," OF
CHAPTER 11.5, "EMERGENCY SERVICES," BY AMENDING SECTION
11.5-21; AMENDING ARTICLE II, "FLORIDA FIRE PREVENTION CODE,"
AND ARTICLE IV, "RECOVERY OF COSTS FOR CLEANUP, ABATEMENT
AND REMOVAL OF HAZARDOUS SUBSTANCES," OF CHAPTER 12,
"FIRE PREVENTION AND PROTECTION," BY AMENDING SECTIONS 12-18,
12-102, 12-103, 12-104 AND 12-105 AND DELETING ARTICLE III, "FIRE
DIVISION," IN ITS ENTIRETY; AMENDING ARTICLE II, "GARBAGE,
TRASH AND REFUSE," OF CHAPTER 14, "HEALTH AND SANITATION,"
BY AMENDING SECTION 14-31; AMENDING ARTICLE II, "OPERATION
OF VEHICLES GENERALLY," OF CHAPTER 18, "MOTOR VEHICLES AND
TRAFFIC," BY AMENDING SECTION 18-19; AMENDING ARTICLE VI,
"NOISE CONTROL," ARTICLE VII, "WEAPONS," AND ARTICLE X,
"ALARMS," OF CHAPTER 19, "OFFENSES AND MISCELLANEOUS
PROVISIONS," BY AMENDING SECTIONS 19-116, 19-117, 19-185, 19-186,
19-207, 19-209, 19-210, 19-211, 19-213, 19-215 AND 19-217; AMENDING
ARTICLE I, "IN GENERAL," OF CHAPTER 20, "PARKS, PLAYGROUNDS
AND RECREATION," BY AMENDING SECTIONS 20-5 AND 20-6;
AMENDING ARTICLE III, "RESERVE FORCE," OF CHAPTER 23,
"POLICE," BY AMENDING SECTIONS 23-42, 23-45 AND 23-48;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE.
•
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WHEREAS, through the adoption of the Annual Budget for Fiscal Year 2011-2012, the
• Village Council recognized the elimination of the position of Director of Public Safety and the
division of the former Public Safety Department into two separate departments: the Law
Enforcement (Police) Department and the Fire Rescue Department; and
WHEREAS, the Police Department and Fire Rescue Department are headed by the Police
Chief and Fire Chief, respectively; and
WHEREAS, the Village Council wishes to amend the Village Code of Ordinances to
reflect the division of the Department of Public Safety into two separate departments and divide
the duties, responsibility and obligations of the former department between the Police Department
and Fire Rescue Department; and
WHEREAS, the Village Council also wishes to make other minor corrections to bring the
Village Code of Ordinances into compliance with current practices and procedures; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the
best interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Chapter 1, "General Provisions," of the
Village Code of Ordinances by amending Section 1-9 to read as follows (additional language is
underlined and deleted language is stricken ):
Sec. 1-9. Assessment of additional court costs for criminal justice
education expenditures.
* * *
(b) All court costs assessed and collected pursuant to this section shall
be utilized for criminal justice education degree programs and training courses,
including basic recruit training, for law enforcement officers and support
personnel, provided such education degree programs and training courses are
approved by the public-safety-di-etc-ter police chief of the village. Workshops,
meetings, conferences, and conventions shall be individually approved by the
police chief of the village prior to attendance.
Section 3. The Village Council hereby amends Article III, "Administrative Code," of Chapter 2,
"Administration," of the Village Code of Ordinances to read as follows (additional language is
• underlined and deleted language is strieken-threugh):
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ARTICLE III. ADMINISTRATIVE CODE
• DIVISION 1. GENERALLY
* * *•
Sec. 2-40. Departmental organization.
(a) The administrative service of the village shall be divided under the
administrator into the following departments and heads thereof:
(1) Department of finance, director of finance.
(2) Department of public-safety law enforcement (police department),
director of public saf ty chief of police.
(3) Department of fire rescue, fire chief
(3-4) Department of public works, director of public works.
(4 5) Department of community development, director of community
development.
(5 6) Department of recreation, director of recreation.
(6 7) Department of library, librarian.
(7 8) e - ... ... . . , . . . . . .. .- . . .
* * *
Sec. 2-41. Oaths of office.
(a) Each of the following officers and employees in the administrative
service shall be required to take an oath of office before entering upon the
discharge of his or her duties, which oath shall be subscribed by the person
taking it and shall be filed and preserved in the office of the village clerk:
(1) Officers. The village manager and each department head.
(2) Law enforcement officers. Every member of the
police department of-public-safety (including any private, special,
temporary or substitute policemen law enforcement officer which
the village might find it necessary to appoint).
• * * *
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(c) Form of oath for members of police department
The following shall be the form of oath for the members of the police department
• of-public-safety:
State of Florida )
County of Palm Beach ) ss.
Village of North Palm Beach )
I, , do solemnly swear that I will support
the Constitution of the United States, the Constitution of the State of
Florida and the Charter and Code of the Village of North Palm Beach; and
that I will, to the best of my ability, faithfully perform the duties of the
officer of Public Safety Law Enforcement Officer during my continuance
therein, so help me God.
* * *
DIVISION 5. DEPARTMENT OF PUBLIC SAFETY LAW
ENFORCEMENT (POLICE DEPARTMENT)
Sec. 2-75. Director's Chief of police's duties.
The chief of police shall direct the-police-and-ire
order and shall: and oversee the operations and budgeting of the police
department, including the planning and direction of all law enforcement personnel
in the village. The chief of police designs and implements various law enforcement
programs and is responsible for the maintenance of law and order.
(2) Designate instructor. Designate a competent officer of the
the director shall order
Sec. 2-76. Divisions Composition.
(a) Generally. The police department of-public-safety shall be divided
inte composed of the following divisions, each of which is commanded by a police
captain: Police-and-€ e operations and operations support.
(1) Records. Provide and maintain:
c. The operation of detention centers.
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(2) Patrol. Provide and maintain motor and foot patrol units; and
(3) Investigation. Conduct the investigation of crimcs and prepare
(5) Traffic. Plan and conduct the control of traffic, the traffic
..ident p utie
(b) Operations division. The operations division consists of four road
patrol squads, each supervised by a patrol sergeant. Each day squad generally
includes a police motorcycle officer. In addition to road patrol, the operations
division includes the following law enforcement components:
(1) Police service aides;
(2) School crossing guards., and
(3) Bicycle patrol.
(c) Operations support division. The operations support division shall
consist of the following components:
(1) Criminal investigations, including crime scenes and evidence
(conduct the investigation of crimes and prepare evidence for the
prosecution of criminal cases);
(2) Records;
(3) Communications;
(4) Marine unit;
(5) Canine unit;
(6) Police explorers; and
• (7) Police reserve officers.
Secs. 2-77-2-83 80. Reserved
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DIVISION 6. FIRE RESCUE DEPARTMENT
• Sec. 2-81. Fire chief's duties.
The fire chief shall direct and oversee the operations and budgeting of the
fire department, the planning and direction of all fire rescue personnel in the village
and the implementation of the department's fire suppression and emergency
medical services programs. The fire chief shall also be responsible for the
enforcement of the fire code.
Sec. 2-82. Functions.
(c) Fire. The fire rescue department division shall be charged with the
prevention of fires and the protection of life and property against fire and shall:
(1) Report losses. Report all fire losses to the village manager.
(2) Maintain equipment. Be responsible for the maintenance and care
of all property and equipment used by the department.
(3) Fire fighting. Be responsible for the extinguishing of fires, the
saving of life and property from fire, and the performance of
various miscellaneous public services of an emergency nature.
(4) Fire prevention. Be responsible for the inspection of potential fire
hazards, the abatement of existing fire hazards and the conducting
of an education fire prevention program.
(5) Emergency medical services. Provide emergency medical and
trauma treatment and emergency transportation in and for the village.
(6) Disaster response. Respond to natural and man-made disasters,
protect life and property, evaluate the scope and magnitude of the
disaster and request additional resources from the appropriate
agencies to mitigate the disaster when necessary.
Sec. 2-8(36). Composition,
(a) The fire rescue department shall employ an adequate force of
personnel, certified by the state as both firefighters and either emergency medical
technicians or paramedics,to meet the minimum countywide level of service standard.
(b) The department shall employ an adequate number of personnel,
certified by the state as fire inspectors, to enforce the fire code through the
inspection of new and existing properties and the review of building plans for new
projects and renovations for code compliance.
• (c) The department shall maintain a volunteer force of personnel,
certified by the state as both firefighters and either emergency medical technicians or
paramedics,willing to serve without compensation to supplement the employed force.
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DIVISION 6 7. DEPARTMENT OF PUBLIC WORKS
DIVISION 7 8. DEPARTMENT OF LIBRARY
* * *
DIVISION g 9. DEPARTMENT OF COUNTRY CLUB
* * *
DIVISION 9 10. DEPARTMENT OF RECREATION
* * *
DIVISION X011. DEPARTMENT OF COMMUNITY DEVELOPMENT
* * *
Section 4. The Village Council hereby amends Article I, "In General," of Chapter 4, "Animals
and Fowl," of the Village Code of Ordinances to read as follows (additional language is
underlined and deleted language is stricken):
ARTICLE I. IN GENERAL
* * *
Sec. 4-5. General enforcement.
The chief of police and such other persons as may
be designated by him the chief or the village manager are hereby authorized and
directed to enforce this chapter.
* * *
Sec. 4-12. Animals creating nuisances.
* * *
(b) Upon receipt of an "affidavit of complaint," signed by two (2) or
more residents of the village, each complainant residing in separate dwellings in the
vicinity in which the violation and issue occurred, made under oath before an
individual authorized by law to take acknowledgments, setting forth the nature and
the date of the act, the owner of the animal, the address of the owner and a
description of the animal doing such act, the public—safety law enforcement officer,
animal control officer or his or her agent shall investigate the complaint to
determine whether the act complained of violates this section.
• Section 5. The Village Council hereby amends Article II, "Dogs and Cats," of Chapter 4,
"Animals and Fowl," of the Village Code of Ordinances to read as follows (additional language is
underlined and deleted language is stloen-thfeugh):
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ARTICLE II. DOGS AND CATS
• Sec. 4-29. Vicious, biting and attacking dogs.
(b) Whenever any dog shall have bitten any person, the director of
public-safety chief of police may order such dog quarantined in the county animal
rescue league shelter or county animal control center or in a veterinarian's kennel,
or on the owner's premises, for period extending not longer than fourteen (14)
days from the date of biting.
* * *
Sec. 4-30. Impoundment.
* * *
(d) Disposition upon owner's failure to redeem. If the owner of the
dog or cat shall not make application for its release within forty-eight (48) hours,
or shall not pay the charges and fines above referred to, then the director of public
safety chief of police will release such dog or cat to the county animal rescue
league.
Section 6. The Village Council hereby amends Article III, "Rabies Control," of Chapter 4,
"Animals and Fowl," of the Village Code of Ordinances to read as follows (additional language is
underlined and deleted language is stricken
ARTICLE III. RABIES CONTROL
* * *
Sec. 4-44. Same—Duty to report; impounding
(a) It shall be the duty of every person who discovers 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 director o f pub'"' saf ty chief of police.
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.
Section 7. The Village Council hereby amends Article I, "In general," of Chapter 5, "Boats,
Docks and Waterways," of the Village Code of Ordinances to read as follows (additional
language is underlined and deleted language is stficlen-thfeugh):
• ARTICLE I. IN GENERAL
* * *
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Sec. 5-17. Authority of eity village to board boats violating chapter.
• Any member of the police department of public saf ty shall have authority
to board any boat in violation of this chapter, or which becomes a menace to
navigation, and move or cause it to be moved to another location and he or she
shall have the right to hold such boat for the payment of costs incurred in its
removal or storage.
* * *
Sec. 5-19. Unlawfully anchored or moored vessels—Department of publie
safety law enforcement to impound.
The police department of the village is authorized and
directed to take into custody and impound any vessel unlawfully anchored or
moored in the prohibited area and any such vessel taken into custody and
impounded under the authority of the police department of p blic saf ty shall not
be released therefrom until the charges for towing such vessel and storage charges
have been paid. The charge for towing or removal of any such vessel and storage
charges shall be the customary charges prevailing in the village for such services.
Sec. 5-20. Same—Owner to be notified upon impoundment.
Whenever any vessel is taken into custody and impounded by the authority
police department as authorized herein, and the name and
address of the of the owner of such vessel can be ascertained by the op lice department of
pull c saf ty, it shall within forty-eight (48) hours give in writing or cause to be
given notice in writing to such owner of the fact of such removal and the reason
therefor and the place to which such vessel has been removed.
Sec. 5-21. Same—Procedure in event owner cannot be found.
Whenever the police department a lick authorizes the removal of
such vessel from the prohibited area as authorized herein and the police
department of public saf ty does not know and is not reasonably able to ascertain
the name and address of the owner of such vessel or for any reason is unable to
give the notice to the owner, and in the event the vessel is not returned to the
owner within a period of three (3) days after same has been taken into custody and
impounded, the police department of publ c saf ty shall immediately send or cause
to be sent a written notice of such impoundment by mail to the division of marine
resources of the department of natural resources, and shall file a copy of such
notice with the person who has been authorized to have custody of the impounded
vessel for the purpose of storage. Such notice shall include a complete description
• of the vessel, the date, time and place from which it was removed, the reason for
such removal, and the name of the storage facility or place where the vessel is stored.
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Sec. 5-22. Same-Unclaimed vessel to be sold; certification of sale.
• (a) If the owner fails to claim the vessel within twenty-one (21) days
after the police department of-public-safety has sent its notice to the division of
marine resources, such vessel shall be sold to the highest bidder at public auction by the
police department of p"blic safety at some place within the village; but, prior to the
sale, a notice shall be published once a week for two (2) consecutive weeks in a
local newspaper published in the county and circulated in the village. Publication shall
be at least ten(10)day prior the date of sale. Such notice shall give the time and place
of sale and describe the vessel to be sold. A copy of such notice shall be mailed to the
owner if his or her name and address be known at least ten(10)days before the date of
such sale. The village shall not guarantee title to such vessel or to deliver a title of
ownership;but shall furnish the purchaser a certificate in substantially the following form:
Certificate Number:
CERTIFICATE OF SALE
VILLAGE OF NORTH PALM BEACH, FLORIDA
POLICE DEPARTMENT OF PUBLIC SAFETY, FLORIDA
THIS IS TO CERTIFY that the following described vessel was impounded and
placed in the custody of the Police Department of-Public-Safety, where it was
held for twenty-five (25) days, after which time the Police Department of
Public-Safety made every reasonable effort to find the owner of the same or if
found, such owner failed to repossess same, this vessel was sold to the highest
bidder at public auction after legal advertisement.
* * *
Section 8. The Village Council hereby amends Article II, "Civil Disorders and Disturbances,"
of Chapter 8, "Emergency Management," of the Village Code of Ordinances to read as follows
(additional language is underlined and deleted language is stricken-through):
ARTICLE II. CIVIL DISORDERS AND DISTURBANCES
* * *
Sec. 8-22. Declaration of state of emergency.
(a) Whenever the infector-of-public-safety chief of police determines
that there has been an act of violence or a flagrant and substantial defiance of, or
resistance to, a lawful exercise of public authority and that, on account thereof,
there is reason to believe that there exists a clear and present danger of a riot or
other general public disorder, widespread disobedience of the law, and substantial
injury to persons or property, all of which constitute an imminent threat to public
peace or order and to the general welfare of the village or a part or parts thereof,
he the chief of police shall certify to the village manager, in writing, who in turn
• shall certify to the Mayor, in writing, that an emergency exists within the village or
any part or parts thereof.
* * *
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(e) A state of emergency, when declared as provided herein, shall
1111 commence upon the declaration thereof and shall terminate at the end of seventy-
two (72) consecutive hours, unless, prior to the end of such 72-hour period, the
director of public saf ty chief of police shall have recommended termination of the
emergency. An extension of the seventy-two (72) hour period must be
accomplished by request of the director of public safety chief of police and
concurrence of the village council,by duly enacted resolution.
* * *
Section 9. The Village Council hereby amends Article I, "In General," of Chapter 9, "Country
Club," of the Village Code of Ordinances to read as follows (additional language is underlined and
deleted language is strieken-tbfough):
ARTICLE I. IN GENERAL
* * *
Sec. 9-2. Same—signs; enforcement; penalties.
* * *
(b) All employees at the North Palm Beach Country Club and the
village's police public-safety department ..-: . . . . - - . •- _- shall,
in connection with their duties imposed by law, diligently enforce the provisions of
section 9-1 and 9-2. The • ' . . : -. . . Manager All
persons employed at the North Palm Beach Country Club shall have the authority
to reject from the country club premises any person acting in violation of sections
9-1 and 9-2. The North Palm Beach Pubic Safety Police Department and any
North Palm Beach Public Safety law enforcement officer shall have the authority
to enforce sections 9-1 and 9-2 and to arrest any person trespassing upon the
country club property in violation of the hours of use and other provisions of
sections 9-1 and 9-2.
* * *
Section 10. The Village Council hereby amends Article II, "Emergency Medical Services," of
Chapter 11.5, "Emergency Services," of the Village Code of Ordinances to read as follows
(additional language is underlined and deleted language is stricken ):
ARTICLE II. EMERGENCY MEDICAL SERVICES
Sec. 11.5-21. Emergency medical services.
The department of public—safety fire rescue is hereby authorized and
directed to obtain and maintain any and all necessary State of Florida licensing,
vehicle permits and all necessary Palm Beach County Certificates of Public
• Convenience and Necessity, pursuant to F.S., ch. 401, and Palm Beach County
Emergency Medical Services Ordinance and any subsequent applicable revised
laws and ordinances, for the purpose of providing emergency medical and trauma
treatment and emergency transportation services in and for the village.
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Subject to an annual appropriation for such purposes, the department of
1111 public su ety fire rescue is authorized and directed to staff and maintain any and all
necessary equipment, materials and personnel to provide the appropriate level of
emergency services capabilities at all times. The appropriate level of emergency
services shall be determined by the village council.
The department of public safety fire rescue shall maintain all necessary
licenses and certifications as required and be designated as the primary provider of
all manner of emergency medical and trauma treatment and emergency
transportation services within the limits of the village.
* * *
Section 11. The Village Council hereby amends Article II, "Florida Fire Prevention Code," of
Chapter 12, "Fire Prevention and Protection," of the Village Code of Ordinances to read as
follows (additional language is underlined and deleted language is stricken n-through):
ARTICLE II. FLORIDA FIRE PREVENTION CODE
* * *
Sec. 12-18. Review of construction plans and fire suppression, detection
and alarm systems and establishment of fee schedule.
(a) All construction, reconstruction or renovation plans and all fire
suppression, smoke detection and fire alarm systems requiring review by the fire
rescue division department shall be submitted to the division department for review
to ensure compliance with all applicable requirements of this article. As required
by the provisions of this article, the fire rescue division department shall inspect all
new structures to ensure that all requirements have been met prior to the issuance
of a certificate of occupancy.
* * *
Section 12. The Village Council hereby repeals Article III, "Fire Division," of Chapter 12,
"Fire Prevention and Protection," of the Village Code of Ordinances in its entirety.
Section 13. The Village Council hereby amends Article IV, "Recovery of Costs for Cleanup,
Abatement and Removal of Hazardous Substances," of Chapter 12, "Fire Prevention and
Protection," of the Village Code of Ordinances to read as follows (additional language is
underlined and deleted language is striekenough):
ARTICLE IV. RECOVERY OF COSTS FOR CLEANUP,
ABATEMENT AND REMOVAL OF HAZARDOUS SUBSTANCES
* * *
Sec. 12-102. Authority of public safety fire rescue department.
• The public saf ty fire rescue department is hereby authorized to take such
steps as necessary to clean up, remove or abate the effects of any hazardous
substances discharged upon or into public or private property, or facilities within
the corporate limits of the village.
Page 12of19
Sec. 12-103. Reimbursement of costs to village.
• Any person or persons responsible for causing or allowing an unauthorized
discharge of hazardous substances, which requires action by the public-safety fire
rescue department of the village or its authorized agents in order to protect the
public health, safety or welfare, shall reimburse the village for the full amount of all
costs, as defined herein, associated with the investigating, mitigating, minimizing,
removing and abating any such discharge. Reimbursement shall be made within
thirty (30) days after receipt of an itemized bill for such costs from the village of
North Palm Beach.
Sec. 12-104. Records.
When responding to the emergency caused by the unauthorized discharge
of hazardous substances, the fire rescue department of the village or
its authorized agents shall keep a detailed record of the costs attributable thereto.
Sec. 12-105. Exceptions for fire suppression services.
The authority to recover costs under this section shall not include costs
incurred for actual fire suppression services which are normally or usually provided
by the village's public safety fire rescue department or its authorized agents.
Section 14. The Village Council hereby amends Article II, "Garbage, Trash and Refuse," of
Chapter 14, "Health and Sanitation," of the Village Code of Ordinances to read as follows
(additional language is underlined and deleted language is stricken n-thr-eugh):
ARTICLE II. GARBAGE, TRASH AND REFUSE
DIVISION 2. GARBAGE COLLECTION AND DISPOSAL
* * *
Sec. 14-31. Collection of residential yard trash.
* * *
(c) Violations. The provision of this section shall be enforced by the
village's code compliance division or pub afety police department. Each
performance of any act prohibited by this section or failure to perform an act
required by this section shall constitute a separate offense.
Section 15. The Village Council hereby amends Article II, "Operation of Vehicles Generally,"
of Chapter 18, "Motor Vehicles and Traffic," of the Village Code of Ordinances to read as
• follows (additional language is underlined and deleted language is stricken thr- ug ):
ARTICLE II. OPERATION OF VEHICLES GENERALLY
* * *
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Sec. 18-19. Combat Auto Theft(CAT).
• * * *
(b) Administration of program. A"combat auto theft" (CAT)program
is hereby established for the Village of North Palm Beach, Florida. The program
shall include:
* * *
(4) The chief of police shall charge a nominal fee
for the administration of the program and the cost of the CAT decal.
* * *
Section 16. The Village Council hereby amends Article VI, "Noise Control," of Chapter 19,
"Offenses and Miscellaneous Provisions," of the Village Code of Ordinances to read as follows
(additional language is underlined and deleted language is stria-en-through):
ARTICLE VI. NOISE CONTROL
Sec. 19-116. Enforcement—Authority.
(a) The provisions of this article except those requiring the use of a
decibel meter shall be enforced by the police department ty.
* * *
Sec. 19-117. Same—Procedure.
* * *
(b) All other noises. In all other cases, the procedure for enforcing the
provisions of this chapter shall be as follows:
* * *
(3) If enforcement action is deemed necessary by the police department
ef-publ c-safety, the person in possession or control of the cause of
the unnecessary, excessive or offensive noise may be arrested by the
police department of publie-safety and charged with violating this
article. In the case of enforcement action by the department of
community development, a notice of violation shall be issued
requiring the responsible party to appear before the code
• enforcement beard special magistrate.
* * *
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Section 17. The Village Council hereby amends Article VIII, "Weapons," of Chapter 19,
• "Offenses and Miscellaneous Provisions," of the Village Code of Ordinances to read as follows
(additional language is underlined and deleted language is stricken):
ARTICLE VIII. WEAPONS
Sec. 19-185. Sales restricted.
* * *
(c) Record of sales required. Every secondhand dealer, pawnbroker or
other person engaged in the sale, rental or exchange of any weapons described in
sections 19-183 and paragraph (b) of this section shall keep a record of each such
weapon purchased, sold, rented or exchanged at retail.
* * *
(2) Daily reports. Daily reports shall be delivered to the direeter-ef
public saf ty chief of police of every such purchase, sale, loan or
gift. The report shall be on forms provided by the difeeter-ef-publie
safety chief of police and shall set forth the name in full, the
residents, age and physical description and the occupation of the
person to whom or from whom such dangerous or deadly weapon
has been purchased, sold, loaned or given.
Sec. 19-186. Forfeiture; disposition.
* * *
(b) Every police officer,upon making any arrest and taking a weapon used
in violation of articles I through V and this article of this chapter, shall deliver
the same to the judge to be held by him or her until the final determination
of the prosecution for such offense; and, upon the finding of guilt, it shall then
be the duty of such judge to deliver such weapon forthwith to the director
of public saf ty chief of police who shall make disposition of the weapon.
Section 18. The Village Council hereby amends Article X, "Alarms," of Chapter 19, "Offenses
and Miscellaneous Provisions," of the Village Code of Ordinances to read as follows (additional
language is underlined and deleted language is stricken-through):
ARTICLE X. ALARMS
Sec. 19-207. Definitions.
* * *
False alarms means all activated alarms, responded by the police public
safety department or fire rescue department, which do not qualify as permitted
110 alarms, including, but not limited to, alarms activated through inadvertence,
neglect, accident, faulty installations or maintenance.
* * *
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Sec. 19-209. Application for alarm system permit.
• (a) Applications for alarm system permits shall be made to the director
e ety chief of police on forms provided by the police
department. The application shall be signed by the alarm user and shall provide the
following information:
* * *
Sec. 19-210. Term of permit; fee; nontransferable.
* * *
(d) The alarm system permit shall be issued to the alarm user by the
director of public saf ty chief of police prior to the alarm system being placed into
service. The fee for this permit is twenty-five dollars ($25.00) and shall be
renewed each calendar year.
(3) The public-safety police department shall issue a decal specifying
the permit number with each permit issued. The alarm user shall post the initial
decal prominently on or near the front entrance to the premises such that the
permit number provided on the decal is visible from outside the structure.
* * *
Sec. 19-211. Issuance of alarm system permit.
An alarm system permit shall be issued to the alarm user by the di'�vctorof
public-safety chief of police within thirty (30) days after receipt of the completed
application by the director of public saf ty chief of police. An alarm system permit
shall be denied if:
* * *
The police department of public saf ty shall give notice of the permit expiration
date and the need for renewal, with a due date specified in said notice. Application
for renewal will require a twenty-five-dollar permit renewal fee and updated
information required in subsections 19-209(a)(1) through(9). Failure to return the
renewal application and renewal fee by the due date specified in the notice shall
result in a twenty-five-dollar late fee being assessed.
* * *
Sec. 19-213. False alarm service charge; collection.
An alarm user shall pay the following fees to the village for responses to
excessive false alarms by the public--safety police and fire rescue departments
within the calendar year.
* * *
Commercial; industrial properties:
* * *
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The chief of police shall keep a record of whenever
• a false alarm has been responded to by the police or fire rescue
department, and shall note the frequency of such false alarms for each alarm user.
The police pubis-safety department shall notify each alarm user. The police phis
safety department shall notify each alarm user of the service fee charges to be paid
within thirty (30) days after demand. If the alarm user fails to comply with his
notice, the police pubis-safety department will notify the village clerk to send
notice for the alarm user to appear before the code enforcement beard special
magistrate.
Sec. 19-215. Interference with police and fire rescue
department telephone trunk lines prohibited; alarm business
central office required; identification required.
(a) No person shall use or cause to be used a telephone or electronic
device or attachment that automatically selects a public primary telephone trunk
line of the publie-safety police department, fire rescue department or any other
department or bureau of the village, and then reproduces any prerecorded message
to report any burglary, unauthorized entry or other emergency.
* * *
(c) Any staff member of a private alarm service system reporting an
alarm activation to which the pu' ety police or fire rescue department
response is requested shall identify him or herself and state the name and telephone
number of the alarm business by which such response is requested.
* * *
Sec. 19-217. Enforcement through code enforcement board special magistrate.
The director ofpublic saf ty chief of police or fire chief may initiate action
before the code enforcement beard special magistrate of the village to obtain
compliance with this article. Any notices of appearance before the code
enforcement beard special magistrate shall be sent to both the alarm user and
property owner, if different, on the authority of the code enforcement beard
special magistrate through the village clerk's office. The beard special magistrate
shall have the authority to place a lien against the property served by the criminal
detection or fire alarm systems in the amount of all service charges assessed by the
village pursuant to section 19-213 above. If the alarm user and property owner are
different, the code enforcement beard special magistrate shall have the authority to
proceed against the alarm user who receives the written notice even though the
chief of police or fire chief has been unable to serve notice
upon the property owner.
Section 19. The Village Council hereby amends Article I, "In General," of Chapter 20, "Parks,
Playgrounds and Recreation," of the Village Code of Ordinances to read as follows (additional
language is underlined and deleted language is stricken4breugh):
Page 17 of 19
ARTICLE I. IN GENERAL
• * * *
Sec. 20-5. Traffic.
No person in any park in the village or at the North Palm Beach
Country Club shall:
* * *
(2) Enforcement of traffic regulations. Fail to obey all traffic officers
and park employees, such persons being hereby authorized and
instructed to direct traffic whenever and wherever needed in the
parks and at the North Palm Beach Country Club and on the
highways, streets or roads immediately adjacent thereto in
accordance with the provisions of these regulations and such
supplementary regulations as may be issued subsequently by the
director of public saf ty chief of police.
* * *
Sec. 20-6. Bicycles.
No person in any park in the village or at the North Palm Beach
Country Club shall:
(1) Operation prohibited in certain areas. Ride a bicycle in any area
where signs have been erected by order of the dire
safety chief of police specifically prohibiting bicycles being ridden in
that area. Wherever convenient,bicycles should be ridden on paved
vehicular roads or paths designated for that purpose.
* * *
Section 20. The Village Council hereby amends Article III, "Reserve Force," of Chapter 23,
"Police," of the Village Code of Ordinances to read as follows (additional language is underlined
and deleted language is stricken-through):
ARTICLE III. RESERVE FORCE
Sec. 23-42. Created; purpose.
• In order to provide for the public safety in time of emergency and in order
to supplement the effectiveness of the village police department of lis-safety at all
times, there is hereby created and established a reserve police force for the village.
* * *
Page 18of19
Sec. 23-45. Appointment to service by chief of police.
• The director fety chief of police is hereby authorized and
directed to appoint from the list provided for in section 23-44, reserve police
personnel to serve in the village reserve police force in such total number as shall
be prescribed, from time to time, by the village manager. Such appointees shall
serve an indefinite period and may be removed at any time, with or without cause,
upon written notice given by the village manager.
Sec. 23-48. Powers and duties.
While on duty under the orders of the director of pub';.. saf ty chief of
police, reserve police officers shall possess and perform all of the duties and
functions of members of the regular police force of the village.
* * *
Section 21. The provisions of this Ordinance shall become and be made part of the Code of
Ordinances for the Village of North Palm Beach, Florida.
Section 22. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is
for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or
void, such holding shall not affect the remainder of the Ordinance.
Section 23. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 24. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS 27th DAY OF OCTOBER, 2011.
PLACED ON SECOND,FINAL READING AND PASSED THIS 10th DAY OF NOVEMBER,2011.
(Villag 'Seal) ',,,,,,�,, /\ i
,:) MAYOR
('.e rr ,(-)iU1),\ .,1da
ATTEST:,, , -� A�'
./,
' >' •' /;, ,fj I,f':- e e
VILLAGE CLERK
APPROVED AS TO FORM AND
IIILEGAL SUFFICIENCY:
VILLAGE ATTORNEY
Page 19 of 19