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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. • Page 1 of 19 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): Page 2 of 19 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). • * * * Page 3 of 19 (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. Page 4 of 19 (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 Page 5 of 19 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. Page 6 of 19 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): Page 7 of 19 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 * * * Page 8 of 19 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. Page 9 of 19 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. * * * Page 10 of 19 (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. Page 11 of 19 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 * * * Page 13 of 19 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. * * * Page 14 of 19 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. * * * Page 15of19 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: * * * Page 16of19 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