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1970 Code of Ordinances• OP}?ICIALS Ui 'the V:CLLAG'C--. ~~i' N012TH PALM BEACF[ ITar.in~; ~]~e .Pr~!cess of this Codification OOU i'h.omas E. Lewis (Mayor) 000 Thomas R. Be11 Ilcrbert A. Watt H. Ma.ll.0ry Privett, Jr. Ronald B. Cadby (Councilmen) 000 -., 1 'I Lawrence .7. Kobbins (Village Manager) 000 Dolores K. Wal]<er ' (Village Cleric) 000 Herbert' L. Gildan (Village AttoY~ney) ~xeFACe ~• 'ihe Nort}i Palm b:~aci Code contains, in one volume, all. the clrearter and related :Laws of permanent application affecting the 'd.i.l.lag+~ of North 1'al.m beach, which in the opinion of the publisher, lrwe riot been :cepeal.ed or superseded, and a revision and codifi- ,.atio;i of a].1. genera.L arrd permanent ordinances which the village Pound de51T'Bb.le to retain. 'Phis is an entirely new codi.li.cation and supersedes a11. general eutd permanent ordinances not included herein nor expressly saved from repeal. The attention of the user is invited to the Adopting Ordinance, printed i.n the forepart of this Code, for 'the provis:i-ons under which thi:; Code was adopted. Aa.l ordinances inel.uded herein have been classified into icrty-five all-inclusive chapters, arranged alphabetically. Within ~ each chapter the various provisions have been arranged into logical sequences of sections, and in some instances, the chapters have been subdivided into ec;tvenient articles and divisions. A catchline has been provided for each section to facilitate usage. Footnotes have been used throughout the charter and code to direct the alrtention of the user to related state and federal provisions and to related provisions within the charter or code. Within. the code, references have also been :inserted to the underlying charter authority. The numbering system followed in the code consists of two numbers separated by a hyphen. The first nwnber refers to 'the chapter, iahiJ.e the number following the hyphen refe;'s to the sections iri.thir. tl.at. chapter. For example, the first section o.L Chapter. 1 o~oua.d be numbered 1-.1 , while the fourteenth section of Chap'tor 1.3 ~.~ou:Ld be. r;umbured 18-14. Section m~nibers ha~.~e bcc-n reae:rvcd at convenient .Locati.ons '.'o facilitate amendment as new mat~ari.al _i.s eir 1~• a~_ced in the a.`ut:ure. Diew material, and whole new chapters, may be added throug}r. the use of a decimal system. For examp:Le, new materia]. ;nay br inserted betwc:.en Sections 14-11 and 14-12 by ntmrbering it L4.il.l, and a new chapter may be inserted between Chapters .LS and 16 by .numbering it 15.].. The suureE~ cf the material .is fow d in parenl7eses :Polloc+;- ing C}re body oi' individual. sections. Through the use of the looseleaf system, this Code may be kept up to date and forever obviate the necessity of a recodific:at:ion. The successful operation of such a system, however, depends upon everyone concerned with the Code, from the Village Council, when it enacts rrew ordinances, to the user, who is ux•ged to remove • obsolete pages and insert new pages immediately upon receipt so that \V his copy of the Code will always be up to date and the pages will not become lost. An instruction sheet will be furnished with each supplement which will designate the pages to be removed and those to be inserted. The c}tarter and code indices found herein differ slightay from indices in bound volumes in that the ma'teriaL is usually formd only under one major topic heading, for example "Buildings," "Animal and lrotvl," and "'Loni.ng." The user is directed by Liberal use of cross-re~f.'erenr_es to these principal headings. B}~ this system, found to be roost practica], for looseleaf volumes, only ono. page need be repr:ir:ted when future changes are made i.n the body of the code; nether than several pages as would be necessary wexe the material • , se.t out in several locations. • The publication of this Code has been under the personal ~... supervision of Mr. Herbert L. Gildan, Village Attorney, who wishes to acknowledge the sincere cooperation and wholehearted efforts of Mr. Lawrence J. Robbins, Village Manager, and Mrs. Dolores R. 6Palker, Village Clerk. This Code is dedicated to the use and convenience of the citizens of the Village of North Palm Beach. Herbert L. Gildan Village Attorney ~i • ORDINANCE N0. 215-%U AN ORDINANCE OF T1iE VILLAGE Ol' NOR'.1'H PALM BEACH, F'LUk:[DA, ADOPTING AND ENACTING A CODE UP ORDINANCES FOR T6E VILLAGE-' O.F N+.-ih''~:+ PALM BEACH, FLORIDA; ESTABLISHING THE SAME; PP.OV'IDING .T.'OR T]iE R'L-'E,:.. OF CERTAIN ORDINANCES NOT INCLUDED T1{EREIN, EXCEPT AS HEREIN k'ROVIDEI); PROVIDING FOR THE MANNER OP AML'NDING S1JC1{ CODE OF ORDINANCES; PROVI:CING A PENALTY FOR VIOLATIONS THEREOF; AND PROVIDING WHEN TH15 ORDINANCE SHALL BECOME EFFECTIVE. BE IT RESOLVED BY THE-' VILLAGE COUNCIL 0'P NORTH PALM BEACH, FLORIDA: Section 1. That the Following eodi.fication and revision of ordinances, consisting of Chapters 1 through. 45, .inclusive., and attached hereto and being on file i.n 'the office of the Village Cler]< for the ten days next preceding the introduction of this ordinance, be, and the same is hereby adopted and enacted as the "North Palm Beach Code," and shall be treated and considered as a new and original codification and revision of the ordinances of the Village of North Palm Beach which shall supersede all other general and permanent ordinances passed and adopted by the Village Caunail or. or before August 14, 1969, except such as are by reference thereto expressly saved from repeal or continued in force and effect far any purpose. Section 2. That all provisions of such Code shall be in full force and effect thirty days from the date of passage of this ordinance, ~~ and all ordinances of a general and permanent nature of the Village of North Palm Beach, enacted on final passage on ox~ before August 14, 1969, and not incorporated 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. Section 3. That the repeal provided for in Section 2 shall not affect any offense or ac't committed ar done or any penalty or forfeiture incurred or imposed before the effective date of this ordinance; nor shall such repeal affect any ordinance or resolution promising or guaranteeing th_ e payment of money for the Village, or authorizing the issuance of any bonds af' the Village or any evidence of the Village's indebtedness, or any ;coiitract"'or obligatioriassumed by the Village; nor shall-such repeal affect-the .,administrative ordinances or resolutions of the Village Council not in conflict or inconsistent with the provisions of such Code; nor steal]. such repeal affect any right of franchise granted by any ordinance or resolution of the Village Council to any person, firm or corporation; nor shall such repeal affect any ordinance dedicating, naming, establishing, locating, relocating, opening,..clo.sing_,^pavng,; wi`l~ning,,_4.~.~sta ish~g 'grades of any street or public way i.n the Village; nor shall such repeal affect the annual approp~ation~d~nance; nor shall such repeal affect any ordinance levying or im osing taxes not included herein; nor shall such repeal affect any ordinance or.resolu'tion relating to_s_alaries of Village employees; nor shall such repeal (- affect any ordinance providing for local_improvQments_and_LeVYing~ special assessments therefor; nor shall such repeal affect any ordinance dedicatin or acce tin an lot or subdxv_ision in __- _.- g --- P - g .Y P . ,._ .. ~ ; _~_.._-~_ ,... the Village; nor shall such repeal-affect any ordinanet extending t'he boundaries of the Village; nor shall such repeal. affect any ordinance. or resolution establishlrig.. rz ~sta~ ~ >nv_ y~, z_ ti12. ast ~}u~~.es Of ZOtling districts, Or C}la;ig l.Ilr~ '~~= J^ i'" X53 .~, bt+G'! Ji a i~/ , '" er parcel of land. Each of the abosz n,c7.,~wlad ox iar.~n~es s}:alt. ~~ u.a ~+~ay be repealed by this ordinance except as the same may be in c:;r..t; i_r.~t cvi.th the provisions oP such Codc. Section 4. That any and all. additions or amzr:dments tc such Code, when passed in such form as to indicate the intention of the Village Council 'to make the same a past thereof; shall be deemed to be incorporated in such Code, so that reference to the "North Palm Beach Code" shall be understood and intended to include such additions arld arce:ldments. Section 5. That a copy of such Code shall be kept or. file in the office of the Village Cler]<, preserved in iccseieaf fcrm. It shall be the express duty of the `Tillage Clerk cr someone auths:^ized by him, to insert in their designated places all amendments or ordin- ances which indicate the intention of the Village Council to make the same a part of such Code when the same have been gx~inted or reprinted in page form, and to extract from such Code ail provisions which may be from time to time repealed by the Village Council. This copy of such Code shall be available to all persons desiring to examine the same and shall be considered the official Coda of the Village of North Palm Beach. • Section 6. That it shall be unlawful for any person, firm or corporation to change or amend by additions or delatiorls, any part or portion of such Code, or to insert or delete pages qr portions ~ thereof, or to alter or tamper with such Code in any manner whatsp-. ever which will cause the Code, any ordinance,. or 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 ppo- . vided in Section 1-9 of such Code. Section 7. That it is hereby declared to be the intention of the Village Council that the sections, paragraphs, sentences, clauses and phrases of such Code are severable and if any phrase, clause, . sentence, paragraph or section of such Code shall be declared un- constitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitationaiity or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of such Code. Section 8. That whenever irl this ordinance or in such Code an act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or whenever i71 this ordinance or in such Code the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of such provision of this ordinance or of such Code shall be punished by a. fine not exceeding five hundred dollars, or by imprisonment for a term not exceeding sixty days, or by both such fine and imprisonment in the discretion of the judge trying the case. Each day any violation of such Code ~• shall continue shall constitute a separate offense. - 2 - Section 9. That in addition tc tae: _:enaities ne:~~inaccve provided, any condition caused or permitter •.o exist ±n -vioiau o.. any of the provisions of such Code shall be deemed a public nu.~;:e~:c: and may be by the Village abated as provided b}, law, and each day such ca~dition shall continue shall be regarded as a new and se~a.>afic: offense. Section 10. That any person who shall violate any of the provisions of the building code, adopted by refe't~ence by Section 6-11 of such Code, shall be punished as provided in Section 8 of this ordinance. Section 11. That any person whe wall viola-te any of the provisions of the electrical code, adcpted by reference by Section 13-11 of such Code; shall be punished as provided ;.:. Section 8 of this ordinance. Section 12. That any person who shall-violate any of the provisions of the fire prevention code, adopted by reference by Section 16-11 of such Code, shall be punished as provided in Section 8 of this ordinance. Section 13. That any person who shall violate ary of the provisions of the plumbing code, adopted by reference by Section 28-11 of such Code, shall be punished as provided in 5ectiaz 8 of this • ordinance. Section 14. That any person who shall violate any of the ~' provisions of the State law relating to subdivisions, adcpted by reference by Section 36-1, shall be punished as provided in Section 8 of this ordinance. Section 15. That any person who shall violate any of the provisions of the model traffic ordinance, adop't'ed by reference by Section 39-22 of such Code, shall be punished as provided in Section 8 of this ordinance. Section 16. That any person who shall violate any of the provisions of the zoning reap, adopted by reference by Section 45-17 of such Code, shall be punished as provided in Section 8 of this ordinance. Section 17. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 18. That this ordinance shall take effect on the thirtieth day after the passage. PLACED ON FIRST READING THIS 13TH DAY OF AUGUST, 1970. PLACED ON SECOND, FINAL READING AND PASSED THIS 27TH DAY OF AUGUST, • 1970. i - 3 - /s/ Thomas F. Lewis MAYGR a ATTEST: /s/ Dolores R. Walker Village Clerk APPROVED AS TO FORM: /s/ 1{erbert L. Gildan Village Attorney 4 - TABLE OF CONTENTS ~• Charter 1 GeneralProvieiona 2 Administration Art. I In General Art. II Village Council Art. III Council Rules of Procedure Art. IV Village Manager Art. V Administrative Code 3 Alcoholic Beverages.. Art.I In General Art. II Licensee Art. III Sales 4 Animals and Fowl Art.I In General Art a II Dogs and Cata • 5 Reserved ,,~. 8 Buildings Art. I In General Art. II Building Code Art. III Appearance Code 7 Bulkhead Linea 8 Reserved 9 Civil Emergencies Art.I In General Art. II Civil Disorder and Disturbance 10 Contractors 10.5 Country Club Art. I In General Art a II Board of Governors Art. III Manager Art: IV Fiscal Year; Budgets and Audits Supp. No. 4 i Pa e 1 5A 5A 5A 5B 5C B 7 11 14 16 21 21 22 23 25 25 27 45 45 48 49 Chapter • 11 ~... 1`L 1.3 14 i5 lh • 17 y 38 17c;::1;.c+ a.nd ir.. .ct•n•a,pa H tt , i lt. t:;enera; h.r.: I? F~i ]:r „e. I3 Cxa La;: it<5 ~?'iz'o la t.'E;3 l1c~ Tit t'cttt,t:ructio, fteyu: re::: i:•rtie. /s r! I\' C?ffenses tilP,Ctl OilF:: i3lect z i f'it~~ Itese::'•. ecl Fire I',eloa;la:ea7r ftrt . I In General Ar. t I1 Personnel Art. ITI EcFuipmeut H rt . ! V Offenses Fire Preee:nii a7, f:.rt. I bt henera Art. 11. i~'ire Prevenltort C:'cde Art, fI(. Fi.re. I)istri.ct Deserved Garbe:ge and ^traaYi :4ri:, I lr. General F,rt ll. Garbage Art- 1TI '.Crass: e~t:t.lV Conta:.nez's f rt .~ \~ ~.O:IC r:i'lOtl P,at. VI CL'~rges 19 13asL',it ati:3 F;an.itatiun ~~r:.. I In CUrne.ral ;::'. .T1 La\l~i: Si}l'%ij`]I1 ~+, 19,:`t i~i:7a`a C`~l Art. 1 In Cien~:ra). Ari, IZ Librar•y'.8oa:rii ao Licenses: <7.rt~ 1 In Gener~i A r't II Oc:ctrpatianal 1.i cen rice • L1 Reser,-et1 Supp, :~~; 9 ii Page 5I1 5"l. 5i.~ 5'T 7 fi 77 78 7s 80 tr:; s~+,;; 82.1 8:t 8S 83 A3 A4 A4 84.5 A5 B5 87 8'i sn 92 Chapter _• 22 - Reserved `'°' 23 Nuisances Art. I In General Art. II Noise 24 Offenses 25 Parks and Playgrounds Art. I In General Art. II Permits for Use Art . III Offenses 26 Pensions and Retirement Systems Art. I In General Art. II Social Security for Village Employees Art. III Pension and Long-term Disability Income for Employees Art. IV Firemen's Relief and Pension Fund. Arta V Policemen's Relief and Pension Fund 27 Reserved • 28 Plumbing Art. I In General Art. II Plumbing Code 29 Public Safety Department Art. I In General Art. II Director of Public Safety Art. III Personnel Art. IV Reserve Police Force 30 Recreational Equipment 31 Registration of Certain Persona Art. I In General Art. II Certain Employees Art. III Felons s 32 Reserved 33 Reserved 34 Signs Supp. No. 4 111 Pa e 110 110 111 131.1 131.1 131.3 132 132 134 13B 137 139 139 140 140 140 140 142.10 143 143 144 147 • Chapter 35 Streets and ;idewalke • Art.I In General Art a II Excavation9 ~-- Art a III Sidewalks and Driveways 38 Subdivisions Art. I In General Art. II Procedure Art. III Plat Requirements Art. IV Design Standards Art a V Development Plans Art. VI Construction Arta VII Village Maintenance 37 Swimming Pools Art.I In General Art a II ~ Permits to Construct Art:' III Technical Requirements 38 Taxation Arta I In General Art: II Cigarette Excise Tax ~ ' ~ ARt. '.III Insurance Excise Tax • Art: IV Utility Tax 39 Traffic '-° Art a I In General Art a II Juvenile Traffic Offenders Art a III Trafiic Code Artv .N Speed Limits Art. V Abandoned.Vehicles Art a . VI Truck Routes 40 Reserved 41 Trees and Shrubbery Art.I In General Art. II Trees in Swale Arese Art:•III Landscaping 42 Reserved 43 Reserved 44 -Weeds and Brush . Art. I Is General . Art: II Weeds Near Thoroughfares Sapp. No: 4 iv Page 181 161 163 i67 168 172 .178.1 182 183 185 i86 187 187 190 '•:190 -:191 192.1 i93 193 .196 196 197 199 189.1 • 199.1 - 199.2 209 • 200 Ch_~ P~_ 45 Zoning Art. I In General 202 Art. II Generally 204 Art. III District Regulations 206 Art. iV Board of Adjustments 227 Art. V Planning and Zoning Advisory Board 228 Art. VI Amendments-Fees; Waiting Periods 230 Index • 235 Supp, No. 1 v • CODE OF ORDINANCES Chapter 1 GENERAL PROVISIONS Sec. 1-1. CODE. HOW DESIGNATED AND CITED---The ordinances embraced in the following chapters and sections shall constitute and be designated the Village of North Palm Beach Code and may be so cited. Sec. 1-2. RULES OF CONSTRUCTION---In the construction of this Code the following rules shall be observed unless such construction would be in- consistent with the manifest intent of the provisions. (1) General rule. All words and phrases shall be construed and under- stood according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. • (2) Acts by agents. When any provision of this Code requires an act to be done which may by law as well be done by an agent as by the w= principal, such requisition shall be. construed to include all such acts when done by an authorized agent. (3) County. The words "the county" or "this county" shall mean Palm Beach County, Florida. (4) Gender. Any word importing the masculine gender shall extend and be applied to females as well as to males. (5) Interpretation. In the interpretation and application of apy provision, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision imposes greater restrictions upon the subject matter than the general provisions imposed by the Code, the provision imposing the greater restriction or regulation shall be con- trolling. (6) Joint authority. All words purporting to give a joint authority to three or more city officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it shall be otherwise expressly declared in the provisions giving the authority. ~_ (7) Mme. "May" is always directory and not mandatory. (8) Number. Every word importing the singular number only shall extend and be applied to several persons or things as well as to one person or thing, and every word importing the plural number only shall extend and be applied to one person or thing as well as to several per- sons or things. (9) Oath. The word "oath" shall include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed." (10) Or, and. "Or" may be read "and" and "and" may be read "or" if the sense requires it. (11) Other town officials or officers. Whenever reference is made to officials, boards, commissions, departments, etc., by title only, they shall be deemed to refer to the officials, boards, commissions and de- partments of the Village of North Palm Beach. (12) Owner. The word "owner" applied to a building or land, shall • include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of part of such building or land. (13) Person. The word "persons" shall extend and be applied to firms, corporations, or voluntary associations, as well as to individuals, unless plainly inapplicable. (14) Personal property. Personal property shall extend and be applied to every species of property except real property. (15) Reasonable time. In all cases where any provisions shall re- quire any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty, or compliance with such notice. (16) Shall. "Shall" is always mandatory and not directory. (17) Shall have been. The words "shall have been" include past dnd future cases. (18) State. The words "the state" or "this state" shall 'mean the State of Florida. (19) Tenses. The use of any verb in the present tense shall in- elude the future when applicable. - 2 - (20) Time; how computed. The time within which any act is to be done, as provided in any provision of this Code or in any order issued. pursuant to any provision of this Code, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day be Sunday it shall be excluded; and when any such time is expressed in hours the whole of Sunday, from midnight to mid- night, shall be excluded. (21) Village. The words "the village" or "this village" shall be construed as if the words "of North Palm Beach" followed the word "village," and shall extend to and include its several officers, agents, and employees. (22) Village council. "Village council" shall be construed to mean the Village Council of the Village of North Palm Beach. (23) Week. The word "week" shall be construed to mean seven days; but publication in a newspaper or any notice or other matter indicated to be for a stated number of weeks shall be construed to mean one insertion in each week, unless specifically stated to be for each day of the week or for more than one day in each week. Seca 1-3. WHEN RULES OF CONSTRUCTION SHALL NOT APPLY---The rules of construction set forth in Section 1-2 shall not be applied to any chapter or article of this Code which shall contain any express provision ex- • eluding such construction, or when the subject matter or context of . such chapter or article may be repugnant thereto. Sec. 1-4. CATCHLINES• REFERENCES TO CHAPTERS OR SECTIONS---In addition to the rules of construction set out in Section 1-2, the following rules shall be observed in the construction of this Code: (1) catchlines. The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines are amended or re-enacted. (2) References to chapters or sections. All references to chapters or sections are to the chapters and sections of this Code unless other- wise specified. Sec. 1-S. EFFECT OF REPEAL OF ORDINANCES---When any ordinance repeal- ing a former ordinance, clause or provision of this Code, shall be it- self repealed, such repeal shall not be construed to revive such former ordinance, clause or provision of this Code, unless it shall be expressly so provided. - 3 - The repeal of an ordinance, clause or section of this Code, shall not affect any~~punishment or penalty incurred tiefore~the repeal took effect, nor any suit, prosecution or proceeding ,pending at the time of the repeal, for an offense committed under the ordinance, clause or section of this Code repealed. Sec. 1-6. SEVERABILITY OF PARTS---If any phrase, clause, sentence, paragraph, section or subsection of this Code shall be declared uncon- stitutional by a court of competent jurisdiction, such unconstitution- ality shall not affect any~of the remaining phrases, clauses, sentences, paragraphs, sections or subsections of this Code. Sec. 1-7. AMENDMENTS TO CODE---(1) All ordinances passed subsequent to this Codes which amend, repeal or in any way affect any section or subsection of this Code, shall be numbered consecutively, but shall refer specifically to the section or subsection affected, and printed for inclusion therein, When subsequent,ordinances repeal any chapter, section or subsection or any portion thereof, such repealed portions shall be excluded from said Code by omission from reprinted pages. The sub- sequent ordinances, as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as this Code and subsequent ordinances numbered or omitted are re-adopted as a new Code by the Village Council. • (2) Amendments to anycof the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following language: "That Section of the Village of North Palm Beach Code is hereby amended to read as follows: ...." The new provisions shall then be set out in full. (3) In the event a new section not heretofore existing in the Code is to be added, the following language shall be used: "That the Village of North Palm Beach Code is hereby amended by adding a new section to be numbered Section which said Section shall read as follows: ...." The new section shall then be set out in full. (4) All sections, articles, chapters or provisions desired to be repealed shall be specifically repealed by section, article or chapter number in the following language: "That Section (Chapter or Article) of the Village. of North Palm Bach Code is hereby repealed." Sec. 1-8. ALTERING CODE---No person in the village shall change or amend by additions or deletions, any part or portion of this Code, or insert or delete pages, or portions thereof, or alter or tamper with such Code in any manre r whatsoever which•.~ill cause the law of the Village of North Palm Beach to be misrepresented thereby. Sec, 1-9, GENERAL PENALTY; CONTINUING VIOLATIONS---(1) Whenever in this Code any act is prohibited or is made or declared to be unlawful or an Supp. No. 1 -4- • offense, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, where n®,¢pecific penalty is pro- vided therefor, the violation of any such provision of this Code shall be punished by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding two months, or by both such fine and imprisonment. (2) Each day a violation of any*provision of this Code shall continue shall constitute a separate offense, •and each act in violation of the provisions of this Code shall be considered a separate and distinct offense. (3) In addition to the penalties herein provided, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be, by the Village, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense. Sec. 1-10. COURT COSTS---(1) The municipal court shall assess One Dollar as a court cost against every person convicted for violation of a municipal. ordinance. In addition, One Dollar shall be added to every bond estreature or forfeited bail bond related to such penal ordinances; provided, however, that no such dollar assessment shall be made against any person convicted f'or violation of any municipal ordinance relating to the parking of vehicles. • (2) Such One Dollar cost collected by the municipal court shall be deposited in the village general fund and shall be separately accounted „~„ for. The proceeds of such assessment shall be limited for law enforcement education expenditures for the law enforcement officers of the village in accordance with Chapter 69-111., Florida Statutes. Editor's Note---The. provisions of Ordinance No. 214-70, from which Section 1-10 was derived, became effective as of August 13, 1970 and did not pertain to convictions or bonds in effect prior to the date of its passage. Amendment Note---Ordinance No. 214-70, from which Section 1-10 was derived, did not specifically amend the Code and has been codified as such section in the discretion of the editors, u Supp. No. 1 -5- • CHAPTER 2 ADMINISTRATION Cross reference.--~Pensi.ons and Retirement Systems, Chapter 26 Art. I In General, Sections 2-1---2-6 Art. II Village Council, Sections 2-7---2-16 Art:,~III Council Ru'las of Procedure, Sectinns 2-17---2-20 Art. IV Village Manager, Sections 2-25---2-30 Art. V Administrative Code, Sections 2-31---2-42 Art. I. IN GENERAL Sec. 2-1---2-6. RESERVED. Art. II. VILLAGE COUNCIL .Charter reference---Art. III, Sections 14, 15 and 16 '• Sec. 2-7. COMPENSATION---The compensation of all members elected ~-'° to the Village Council is hereby fixed at the sum of One Hundred ($100.00) Dollars pe.r month. (Res. No. 264-66, Sec. 1) Sec. 2-8. REGULAR MEETINGS---WHEN HELD---The regular meetings of the Village Council sh>11 be held on the second and fourth Thursdays of each month. (Res. No. 399-69) Sec. 2-9. MEETINGS; PRESIDING OFFICER---(1) The Mayor shall preside at all meetings, if prasent, and in his absence, the Vice Mayor. In the absence of both the. Mayor and Vice Mayor, the President Protem shall preside. (2) The. presiding officer shall preserve order and decorum. He shall appoint all commitee.es unless the Council shall otherwise direct. (Ord. No. 1, Sec. 2; Ord. No. 218-70, Sec. 1) Sec. 2-10---2-16. RESERVED. Art. III, COUNCIL RULES OF PROCEDURE Charter reference---Art. III, Sec. 15 Supp. No. 3 -SA- (a~ Sec. 2-17. ORDER OF BUSIIdsS--The following order shall be observed in the transaction of business, but such order may be varied by unanimous consent of the councilmen present: 1. Roll Call 2 . Invocation 3. Pledge of Allegiance 4. Approval of Minutes 5. Report of Mayor 6. Statements from the public 7. Petitions and Communications B. Reports of special committees and recommendations of advisory boards 9. Village Manager's Report 10. Ordinances 11. Resolutions 12. Miscellaneous business 13. Adjournment (Ord. No. 6-74, § 1) Sec. 2-18. COMMITTEES AND BOARDS---(1) No person may be a member of any board created by the Village Council to advise the Village Council on any matter unless such person shall be and remain a resident of the Village of North Palm Beach `°" during the term of office. (2) Any person who, when appointed to any such advisory board is a resident of the Village of North Pehn Beach but who later terminates such residency, shall immediately upon termination of residency be deemed to be no longer a member of such advisory board and shall have no right or privilege to vote or participate in matters of such board. (Ord. No. 119-85) (3) Any person who within the term of his appointment to the board is absent from any three regularly scheduled meetings of said board without such absence being excused by affirmative action of the board shall automatically be deemed to no longer be a member of such advisory board and shall have no right or privilege to vote or participate in matters of such board. The chairman of the board shall advise the Village Council when any member fails within the purview of this subsection Sea. 2-19. RULES---PARLIAMENTARY---The presiding officer, when the Council is in session, shall enforce parliamentary rules for its government so far; ae they are applicable to such legislative body. • Sections 2-20---2-25. RESERVED. REV. 6/30/74 -SB- ,~ Art. IV. VILLAGE MANAGER Charter reference---Article V Sec. 2-28. RESIDENCY---At the time of hie appointment the Village Manager need not be a resident of the Village or State, but shall attain residence within the Village limits within 80 days of hie appointment and retain Village residence during hie period of appointment. (Ord. No. B1, $ 2) Sec. 2-27. REMOVAL---The Village Council may remove the Village Manager at any time by a majority vote of the members, and shall pay REV . 8/30/74 -5B (1)- his salary for one calendar month following the removal date, and • such payment shall relieve the Village of all obligations to the j Manager including accr..eed vacation time. (Ord. No. 80, Sec. 3) `~. Sec. 2-28. BOND---Th~~. Village Manager shall furnish a surety bond to be approved by the Council, said bond to be conditioned on the faith- ful performance of his duties. The premium of the bond shall be paid by the Village. (Ord. No. 81, Sec. 6) Sections 2-29---2-30. RESERVED. Ar.t. V. ADMINISTRATIVE CODE Sec. 2-31. DEFINITIONS---As used in this Article, unless the context otherwise requires: (1) "Chief Administrator" or "Administrator" is the Village Manager of the Village of North Palm Beach. (2) "Village" is t.h.e Village of North Palm Beach. • (3) "Village Council" or "Council" is the council of the Village of North Palm Beach. ~-' Sec. 2-32. DEPARTMENTAL ORGANIZATION---(1) The Administrative Service of the Village shall be divided under the Administrator into the following departments and head; thereof: Department of Financ.e ......................Director of Finance Department of Public Safety... .......Director of Public Safety Department of Public Services. .....Director of Public Services Department of Recreation ...... ..........Director of Recreation Department of Library ......... .......................Librarian (2) In addition, tF.er.^ shall be a Department of Records headed by the Village Clerk and a Bepartment of Treasury headed by the Village Treasurer. under th.r-: Village Council, which departments shall be coordinated into th.e. administrative service and cooperate with the Administrator so as to coordinate the entire administrative service of the Village. Sec. 2-33. OATHS OF OFFICE---(1) Persons required to take oathiof office. Each of tFie following officers and employees in the administra- tive service shall bP required to take an oath of office before entering upon the discharge. of his duties, which oath shall be subscribed by the Person taking it and shall be filed and preservE:d in the office of the Village Clerk: (a) Officers. The Village Manager and each department head. Supp. No. 3 - SC - (b) Public Safety Officers, Evary member of the Department of Public. Safety (incl,i,ding any private, special, temporary or substitute. police.m<•n whi::h. the Village might find it necessary to appoint.) (2) Form of Oa,t:h for th.> C'hief Admf:ni.etrator and Officers. State of Florida ) County of Palm Beac't+. ) ss. Village of North Pa1m.B:,ach ) I, do solemnly swear that I will support the Constitution of th.e United States, tha Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Be.a.ch; t'h.at I will faithfully, honestly and impartially discharge my d:u.ties as __ d~.r.ing my continuance therein; that I am not directly or indirectly peaunia.r.ily interested in any public se.xvfce corporation engaged in business in the Village of North Palm Beaoh, or. in or with any person or corporation having contracts with said Village, so help me Cod. Subscribed and sworn to before me this day of 19_ (3) Form of Oath for Members of Department of Public Safety. State of Florida ) County of Palm Beach ) ss. ti~ Village of North Palm Be,aah ) Notary Public I, do solemnly swear that I will support the Constitution of thr. United States, the Constitution of the State of Florida and the. Chart.e.r and Ccde of the. Village of North Palm Beach; and that I will, to the best: of my ability, faithfully perform the duties of t:ne office of Pu:blfc Safety Officer during my continuance therein, so he.:Lp me. God. Subscribed and sworn to before me this day of 19_ Sec, 2-34. BONDS---REQUIRED OF CERTAIN OFFTGERS°--The following named Village officials shall each, before entering upon the duties of their respective offices, give a good «nd sufficient surety company bond to the Village, duly approcr.d by t:he. Vi.l.lage Attorney, and conditioned upon the faithful performance and df:seharge of their respective duties, and for the prnper app.l.i.cat.f.on and payment of a.ll money or property coming into their. hands by virtue of their offices f.n the .following amounts: Supp. No. 3 ° SD ° Village. M'anagzr 3200,000.00. Village Trees+srer $200,000.00 ' Village Clerk $ 10,000,00 Village Tax Colleetoc $200,000,00 Sec. 2-35. ADMINISTRA.T1't~ POL1'GY AND PROCtiDURE---(1) Officers. Each officer shal.i pa:form ai,l d~ .i.es z'egaixed of his office by State law, the. Cha.rte:r., ['nc Gode of the Village, and such other duties not in conflict. tine:reui.ch as may be required by the Village Manager, (2) Department haaos. The Heads eE De~.partments sha.11; (a) Responsi;bil~ to Admini.stra.tnr. 62 immediately respon- sible to the. Village. Manager for the. effective administration of their respective de:pa.rtm_rnts and al.l a.tiviti,es assignc,d thereto, except as provided in Section 2-32, (b) Inaugcnrate. Sound Practices. Keep informed as to the latest practices in their. par ti solar field and shall inaugurate, with the approval of the. Vi.ll.age Manager, such new practices as appear to be of benefit. to the service and to the. public, (c) Report to Village Marna ar, Submit monthly and annual reports of the activities of his department to the Village Manager, • (d) Maintain Record. Establish, a:nd maintain a system of filing and indexing r.r.cords and reports in sufficient detail to ~'° furnish all information necessary for proper control of depart- mental activities and to foam a basis for the periodic reports to the Village Manager, (e) Authority Oc~~r E:mployecs. Have power, -~Hhan authorized by the Village: Mana.ger., to a.ppeint a.nd :r.emove, s+~bject to Personnel Policy regalat.icns f.'or pe.rsonnel., al.l s;~bordinates under him. (f) Maint.e.i.n rG+:.i.prtaent, Be. cesponsi.ble for the proper maintenance of a1.1. Vil'lag4 propa.rty and egetipman.t used in his department, (3) Departmenca, Each d.rpartment shall fL~:rnish, upon the direction of r.h.e Villag-; Ma:nagar, any otha:r department such service, Labor, and materials ae. may be requisi.tione.d by the. h.e.ad of such department, and as its own. facil.itias permit, through the same. procedure and ssib3ect: to tF eamt: ata.dit and control as other expenditures are inc~~rre.d, Sec. 2-36. DEPARTMENT OF' TREASURY--(1) P~;t.i.es of Tre.asv.rer.. In all cases where: th~a dxzay is not. e:xp:r-=:,; ly changed to any other de- • Partment or office., it shall be thy,. d:;:t:y of the. TrGasur~r to act to promote, semure and pr~=.a~~.x:%c the-- finan:ial and property interests of the Village., Th:~ Traas;zra:r ~:ha.lle Supp, No, 3 - SE (a} Fiscal Supervision Over Officers. Exercise general supervision over all officers of the Village regarding t he proper management of the fiscal concerns of their respective offices. (b) Examine books. Examine the books of each department from time to time, and see that they are kept in proper form. (c) Report delingtient payments and financial reports. See that officers receiving money pay the same into the Village Treasury, when thereto required, and that all necessary financial reports are made by officers, and shall report all delinquents in such payments or reports to the Village Manager and Council. (d) Duty Upon Default of Officer. Report the default of any officer of the Village to the Village Manager who shall direct the Village Attorney to take immediate legal measures for the recovery of the amount for which such officer may be in default. (e) Responsibility for Proceeds of Bonds. Deposit the proceeds of all sales of bonds with the Village Treasurer immediately after he shall have received the same; until such deposit he shall be responsible for the amount thereof. (f) Accounts of receipts and expenditures. Keep in proper books, a full and accurate account of all the moneys received and disbursed by him in bahalf of the Village, specifying the time of receipt and disburse- . ment, from whom received and to whom disbursed, and on what account received and disbursed, and how paid. ~~ (g) Cancellation of evidences of debt. Cancel all warrants and other evidences of debt, against the Village, whenever paid by him, by writing or stamping across the face thereof the words "Paid by the Village Treasurer," with the date of payment written or stamped thereon. (h) Receive and disburse moneys. Receive and have custody of all moneys paid to the Village and shall disburse all Village moneys. (i) Pay Village employees. Pay Village employees upon presenta- tion of the properly certified payroll. (j) Collect moneys and fees due Village. Demand and receive all moneys and fees owing to the Village whenever any person is indebted to the Village in any manner, and the means of collectian of such debt is not otherwise provided by law. When any claim shall not be collectible by other methods, he shall report the same to the Village Attorney for prosecution. (k) Permits and licenses. Issue all permits and licenses except those which are required by ordinance to be issued by a pa'rticula'r department or office. (1) Monthly report to Finance Director. Make a detailed report to the Finance Director on the first day of each month, as to the busi- ness of his office during the month preceding, showing the balance on hand to the credit of the different funds at the time of his last report, Supp. No. 3 - SF - the amounts received during the month, and on what account, together with such other items and facts as the Director of Finance may require. Sec. 2-37, DEPARTMENT OF FINANCE---(1) The Department of Finance shall be headad by the Finance Director, who shall: (a) Audit accounts. Examine and audit the accounts of all offi- cers and departments subject to the approval of the Village Manager and Council. (b) Prescribe form. Prescribe the form of accounts and reports to be rendered by him. (c) Certify contracts. Certify according to law all contracts, agreements, or other obligations for the expenditure of public funds entered into by any official of the Village government, and no such con- tract, agreement or other obligation shall be valid until so certified by him. (d) Budget duties. Prepare estimates of revenue, and shall give such other assistance in the preparation of the budget as may be required bf him by the Village Manager. (e) Financial statements. Transmit to the Village Manager at least semi-monthly audited statements of cash on hand and of classified • unincumbered appropriation balances for the Village as a whole, and such other financial statements as the Manager may from time to time require. He shall keep all departments, boards, commissions, or institutions ~""" currently informed of its classified unincumbered appropriation balances. (f) Keep accounts. Keep all general accounts of the Village government and of the respective departments, offices, boards,' commissions and institutions thereof. , (g) Custodian of bonds, contracts, etc. Be charged with the cus- tody of the official bonds of Village employees, except his own, which shall be in the custody of the Village Treasurer, and with the custody of all deeds, mortgages, contracts, judgments, notes, debts and choses in action, He shall keep and administer all securities, bonds, or other forms of negotiable instruments owned by or belonging to the Village, Sec. 2-38. DEPARTMENT OF RECORDS---The Department of Records shall con- sist of a Village Clerk, who shall: (a) Clerk of Council. Serve as clerk of the Council and perform such other duties of a like nature as shall be required by that body. i (b) Keep Records of Council. Be responsible for the recording, filing, indexing and safekeeping of all proceedings of Council. (c) Record Ordinances. Record in full, uniformly and permanent- ly, all ordinances and shall authenticate the same. Supp. No. 3 - SG - (d) Publish Council Action, Publish all adopted ordinances and resolutions of the Council, and all legal notices required by law or ordinance. (e) Keep Election Records. Keep and maintain all election records and have custody of all property used in connection with elections. (f) Keep Vital Statistics. Prepare, attest and report on the vital statistics of the Village. (g) Notice of Expiration of Term, Notify the appointing authority of the impending expiration of the term of office of a member of any board or commission, said notice to be given at least 30 days before such expiration. (h) Keep Official Seal. Be the custodian of the official seal of the Village. Sec, 2-39. DEPARTMENT OF PUBLIC SAFETY--- (1) Duties of Director of Public Safety, The Director of Public Safety shall direct the police and fire work of the Village, be responsible for the enforcement and main- tenance of law and order and shall: (a) Make Assignments. Assign officers to their duties. • (b) Designate Instructor. Designate a competent officer of the department to act as Instructor. Such officer shall conduct such schools as the Director shall order. ._..- (2) Divisions of the Department of Public Safety, The Department of Public Safety shall be divided into the following Divisions: Police and Fire. (a) The Police Division shall have the following duties: 1. Records. Provide and maintain (a) the central complaint desk and dispatching police records, (b) criminal and non-criminal identification, (c) the identification of property, (d) the custody of property, and (e) the operation of detention centers. 2, Patrol. To provide and maintain motor and foot patrol units, and make routine investigations. 3. Investigation, To conduct the investigation of crimes and to prepare evidence for the prosecution of criminal cases. 4. Crime Prevention, To make plans and procedures for the prevention and control of juvenile delinquency, to handle cases in which women are involved, to remove crime hazards and to coordinate community agencies interested in crime prevention, 5. Traffic. To plan and conduct the control of traffic, the traffic educational program, the school patrols, the coordination of traffic accident prosecution. Supp. No. 3 - SH - 6. Radio. To operate and maintain radio equipment. (b) The Fire 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 extinguishment 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 educational fire prevention program. Sec. 2-40. DEPARTMENT OF PUBLIC SERVICES---(L) Duties of Director of Public Services. The Director of Public Services shall be responsible for all matters relating to construction, management, maintenance and opera- tion of the physical properties of the Village. (2) Divisions of the Department of Public Services. The Department of Public Services shall be divided under the Director of Public Services • into the following divisions and bureaus and supervisors thereof. (a) Division of Permits and Inspections, which shall issue all °r` permits for, and inspect the work involved in, the construction of side- walks, curb cuts, street cuts; inspect all work done under the provi- sions of the electrical, plumbing and building codes of the village; and inspect all premises, including structures and appurtenances thereon, for safety features. (b) Division of Parks, which shall operate and maintain all Village parks except that the recreational areas and facilities shall be under the supervision of the Director of Recreation. (c) Division of Signal Service, which shall construct, install, repair and maintain all facilities of the fire and police signal systems, traffic control signals and other electrically operated signals but excluding the police radio system. (d) Division of Municipal Garage, which shall operate the municipal public works complex, and shall maintain and provide for. Village uses all automotive equipment owned by the Village. (e) Refuse Disposal Division, which shall collect garbage and rubbish. (f) Street Maintenance Division, which shall maintain and pro- vide for adequate drainage on all streets, sidewalks and bridges. Supp. No. 3 - SI - Sec. 2-41. DEPARTMENT OF LIBRARY---The Department of Library shall be supervised by the Village Librarian, who shall operate and maintain the • free public library. Sec. 2-42. DEPARTMENT OF RECREATION---(1) Duties of Director of Recreation. The Director of Recreation shall plan, promote, organize and supervise a comprehensive municipal recreation program, and administer the same in the interest of the entire. community, and shall: (a) Supervise Recreation Areas. Supervise the recreational use of playgrounds, play fields, recreation centers, ball diamonds and such other recreation areas and facilities as may be made available to carry out the Village's recreation program. (b) Conduct Community Activity. Conduct and supervise any form of recreational, cultural or social actieity that will employ the leisure time of the citizens in a wholesome and constructive manner. (Ord. No. 15-Z1, Sec. 1) • ~,e" ~~ Supp. No. 3 - SJ - CHAPTERi3 ALCOHOLIC BEVERAGES Charter reference--- Art. I In General, Sec. 3-1---3-8 Art. II Licenses, Sec. 3-9---3-32 Art. III Sales, Sec. 3-33---3-40 Art. I IN GENERAL Sec. 3-1. DEFINITIONS---As used in this Chapter, the following words and phrases shall have the meanings indicated: (1) Beer. The term "beer" or the words "malt beverage" shall extend to and include brewed beverages containing malt. (2) Wine. The term "wine" shall extend to and include all vinous • beverages created by natural fermentation, or by natural fermentation with brandy added in the manner required by the laws and regulations of the United States; and the term "wine" shall further include all spark- `-- ling wines, champagnes, combinations of vinous beverages and vermouths; (3) Fortified wine. The. term "fortified .wine" shall extend to and include all wines containing more than fourteen per centum of alcohol by weight. (4) Li uor. The term "liquor" shall be taken to include the words, "distilled spirits" and shall extend to and include all spiritous beverages created by distillation and by mixture of distilled beverages by what is commonly termed "blending." (5) Alcoholic beverage.. The term "alcoholic beverage" shall in- clude all beverages containing more than one per centum of alcohol by weight. (6) Intoxicating beverage. The term "intoxicating beverage" and the term "intoxicating liquors" shall include only those liquors, wines and beers containing more than three and two-tenths per'centum of alcohol by weight. (Ord. No. 7, Sec. 1) Sec. 3-2 OFFICERS AND EMPLOYEES PROHIBITED FROM ENGAGING IN BEVERAGE BUSINESS---No person, official or employee authorized to enforce the pro- • visions of this Chapter shall be permitted to engage in the sale of liquors or beverages provided under this Chapter, nor shall they be employed, directly or indirectly, in connection with the operation of any business license under this Chapter. Nor shall they be permitted to own any stock - 6 - or interest in any firm, partnership or corporation dealing wholly or partly in the sale or distribution of alcoholic beverages or distilled liquors. (Ord. No. 7, Sec. 20) Sec. 3-3---3-8. RESERVED Art. II LICENSES Sec. 3-9. REQUIRED---No beverage containing alcohol of more than one per cent by weight shall be sold within the village except by persons holding licenses permitting such sales issued by the village. (Ord. No. 7, Sec. 2) Sec. 3-10 ISSUED BY TAX COLLECTOR---All licenses referred to in this Chapter shall be issued by the tax collector of the village in the name of the village and under the terms and conditions as prescribed in this Chapter. (0'rd. No. 7, Sec. 8) Sec. .3-11. APPLICATION---(1) Any person, before engaging in the business of manufacturing, selling, bartering or exchanging, or in anywise dealing in liquors, wines, beers or other beverages containing more than one per centum of alcohol by weight, shall file under oath with the tax collector of the village a written or printed application for license to conduct such business. ....~- (2) The application shall be made on forms to be provided by the tax collector of the village. (3) The application shall state the character of the business to be engaged in and the kind of license, as hereinafter defined, which the applicant desires, and such other data as such forms may require. (Ord. No. 7, Sec. 4) Sec. 3-12. QUALIFICATIONS OF APPLICANT---(1) Licenses shall be issued, only to persons of good moral character who have not been convicted of any offense involving moral turpitude, who are of sober reputation and who are not less than twenty-one years of age. Licenses to corporations shall be issued only to corporations whose officers and directors are persons of good moral character and who have not been convicted of any offense involving moral turpitude. (Ord. No. 7, Sec. 6) (2) No person under sentence or parole and no person now a fugitive charged with violating the prohibition laws of the State of Florida or of the United States shall be granted a license to manufacture, sell or distribute alcoholic beverages as defined under the terms of this Chapter. No license shall be issued under this Chapter within two years after such ,• conviction or revocation to any person who shall be convicted .of a violation under this Chapter, or to any corporation, any of whose officers or directors shall be convicted of a violation under this Chapter, or to any person or corporation whose license under this Chapter shall be revoked. (Ord. No. 7, Seca 10) - 7 - Sec. 3-13. INVESTIGATION OF APPLICANT---No license shall be issued under this Chapter unless and until the tax collector, chief of police, and health officer of the village, or a majority of those officials, have investigated the application for such licenses for the purpose of as- certaining and determining whether or not the applicant has complied with the laws and the provisions of this Chapter, and such application shall have been approved by a majority of the aforesaid officials. If such application be disapproved, the majority of the officials disapproving the same shall give their reasons therefor in writing to the tax collector. A minority report, if there be any, shall not be required. (Ord. No. 7, Sec. 5) Sec. 3-14. LIMITATION ON NUMBER ISSUED---(1) No license under subsections 3 to 8 inclusive, of Section 561.34, Florida Statutes, 1953, shall be issued so that the number of such licenses within the limits of the village shall exceed one such license to each twenty-five hundred residents, or major fraction thereof, as shown by the last regular state-wide census, either federal or state, of such village. (2) No such limitation of the number of licenses, as herein pro- vided, shall be applicable in the cases provided for by subsection 2 of Section 561.20, Florida Statutes, 1953, as amended. (3) When additional licenses are available by reason of an increase in population in the village, then no person shall be issued or permitted • to have any interest, directly or indirectly, in more than one such license. (Ord. No. 7, Sec. 11) v Sec. 3-15. RIGHTS AND PRIVILEGES OF LICENSEES---A licensee holding a license under and in compliance with the terms of this Chapter shall have all the rights and privileges authorized by this Chapter and the laws of the State of Florida. (Ord. No. 7, Sec. 9) Sec. 3-16. ANNUAL LICENSES---The following license taxes shall be assessed and collected. Each vendor shall pay an annual license tax as follows:. (1) Vendors operating places of business where beverages are sold only in sealed containers for consumption off the premises where sold, $562.50. (2) Vendors operating places of business where consumption on the premises is permitted, $750.00. (3) Vendors selling only beverages containing not more than fourteen per cent of alcohol by weight and wine regardless of alcoholic content, $50.00. (4) Vendors of beverages containing alcohol of more than one per cent by weight, and not more than three and two-tenths per cent by weight, $15.00. - 8 - (5) Vendors of beverages containing alcohol of more than one percent by weight and not more than three and two-tenths per cent by weight for consumption off the premises only, $7.50. (6) Vendors of beverages containing alcohol of more than one per cent by weight and not more. than fourteen per cent by weight, and wines regardless of alcohol content, for consumption off the premises only, $25.00. (7) Vendors of alcoholic beverages licensed under the provisions for "club licenses" as defined in and provided for under Sections 561.20 (6) and 561.34(ll), Florida Statutes, 1959, $125.00. (Ord. No. 7, Section 14; Ord, No. 57, Section 1) Sec. 3-17. PRORATING FEES---(1) Except as herein otherwise provided, no license shall be issued except annual. licenses, which shall. be paid for on or before the first day~of October, and sha:tl expire the first day of the succeeding October. (2) Any person beginning business after the first day of October may obtain a License upon the payment of the annual license tax, and such license shall expire on the first day of the succeeding October. (3) Any~person beginning business on or after the first day of April of any year may procure a license expiring the first day~of October • of the same year upon the; payment of one-half of the license tax regaiied for the annual license. ~~ (4) Vendors may at any time obtain a license for periods of six months from the. date of the license upon payment of two-thirds of the annual license tax required, (Ord. No. 7, Sec. 16) Sec. 3-1.8. CLASSIFICATION---Licenses referred to in this Article shall be classified as follows: Vendors. Vendors shall include all persons selling the beverages referred to in this Chapter. No vendor shall. purchase anyoof the bever- ages described in this Chapter from any person not duly licensed under this Chapter. No vendor shall. import or engage in the importation of any such beverages from places beyond the limits of the State of Florida. No licensed manufacturer or distributor of any of [he beverages herein referred to shall have any financial interest, directly or indirectly, in the establishment or business of any vendor licensed under this Chapter, nor shall such licensed manufacturer or distributor assist any vendor by any gift or loan of mo~~.ey or property of any de.scriptfon or by giving of any rebates of any kind whatsoever. No licensed vendor shall accept, directly or indirectly, any gift or loan of money or property of any description or take any rebates from any such licensed manufacturer or distributor; provided, however, that this sha1.Y. not apply to any bottles, barrels or other containers necessary for the legitimate transportation of such beverages or advertising materials and shall not apply to the extension of credit in the usual course of trade. or to the giving of trade Supp, No. 1 -9- discounts in the ordinary course of business. (Ord. No. 7, Sec. 13) • ~. Sec. 3-19. LOCATION---DES CRIBED IN LICENSE---Each license shall describe the location of the place of business where such beverages may be sold and no such beverage shall be permitted to'be sold except at such place of business. (Ord. No. 7, Sec. 17) Sec. 3-20. SAME---CHANGE OF LOCATION---(1) Any licensee may move his place of business and sell at `his new place of business upon surrendering his license to the tax collector and making application for a new license describing the new location of his business. (2) Upon the surrender of such license with the application for a new license in a different location, there shall be issued to such licensee without the payment of any further fee or'tax, such new license for the new place of business. (Ord. No. 7, Sec. 18) Editor's note---The following language has been deleted by the Editor from Sec. 3-20(2) as being inappropriate: "provided, however, that if the old place of business be outside the corporate limits. of the village, an additional village license shall be paid by the licensee before the issuance of the new license." • Sec. 3-21. SAME---CONFORMITY WITH ZONING PROVISIONS---No license shall be issued to a place of business where business authorized by such license is prohibited by Chapter 45. (Ord. No. 7, Sec. 12; Ord. No. 133-66, ~-' Sec. 1) Sec. 3-22. SAME---NEAR CHURCHES, SCHOOLS, ETC.---(1) No license shall be issued under this Chapter where the proposed place of business is within 1000 feet of a church, public or private school, hospital, park or play- ground, or a place of business of another licensed retail seller of alcoholic beverages. (2) The measurement provided above for 1000 feet shall be made or taken from the main front entrance or entrances of such church, public or private school, hospital, park or playground, or place of business of another licensed retail seller of alcoholic beverages, to the main front entrance of the applicant's proposed place of business along the route of ordinary pedestrian traffic. (Ord. No. 133-66, Sec. 1) Sec. 3-22. SAME---EXCEPTIONS---(1) The restrictions of Section 3-22 shall not apply to the sale of beer, ale or wine at retail, not to be consumed on the premises. (Ord. No. 133-66, Sec. 1) ~ (2) The restrictions of Sections 3-21 and 3-22 shall not apply to any presently existing licensed retail seller of alcoholic beverages so long as such licensee continues to be so licensed at his present location. (Ord. No. 133-66, Sec. 2) - 10 - (3) That portion of Section 3-22 which states that no license shall be issued under this Chapter where the proposed place of business is within 1000 feet of a place of business of another licensed retail seller of alcoholic beverages shall not apply to hotels or motels con- taining 100 or more guest rooms or to restaurants containing indoor seats for 200 or more patrons, provided that the said hotel, motel or restaurant shall not contain a store front in connection with said business and said business shall only be entered from within the interior of said hotel, motel or restaurant. (Ord. No. 147-67, Sec. 1) Sec. 3-24. EXEMPTIONS PROHIBITED---There shall be no exemption from the license taxes herein provided to any person, association of persons or corporation, any other ordinance to the contrary notwithstanding. (Ord. No. 7, Sec. 7) Sec. 3-25. RENEWALS---Where an applicant shall have been granted a license under this Chapter and such license and continuation thereof have not been revoked and his qualifications not impaired, such applicant shall be entitled to receive licenses for succeeding years as a matter of course upon application to the tax collector, the payment of the tax, and giving.., of any bond required hereunder. (Ord. No. 7, Sec. 10) Sec. 3-26. REVOCATION---(1) Any license issued to a person or corporation • prohibited from obtaining such license by this Chapter shall be revoked. (Ord. No. 7, Sec. 10) Sec. 3-27. TRANSFERABILITY ON SALE OF BUSINESS---Licenses issued under the provisions of this Chapter shall not be transferable except as follows: When a licensee shall have made a bona fide sale of the business which he is so licensed to conduct, he may obtain a transfer of such license to the purchaser of such business; provided, however, that the purchaser shall prove to the satisfaction of the tax collector 'and chief of police of the village that the purchaser possesses all of the qualifications required of a person to whom a license may be issued. (Ord. No. 7, Sec. 15) ' Sec. 3-28---3-32. RESERVED. Art. III SALES Sec. 3-33. PROHIBITED PERSONS---No alcoholic beverages or intoxicating liquors shall be sold to: (1) Any person less than twenty-one years of age. (2) Any person who is intoxicated, nor to any person who is known to be a habitual drunkard. .11 - (3) Any Patient under the supervision or control of any state hospital, whether such patient be on furlough or otherwise. (Ord. No. • 7, Sec. 21) Sec. 3-34. HOURS OF SALE---It shall be unlawful for any person to sell, serve or consume, or to permit the sale, service or consumption of any intoxicating liquors or beverages except beer, ale and wine in any place holding a license from the village under this Chapter, 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 beverages except beer, ale and wine in sealed containers for consumption off the premises: (1) Between the hours of 3:00 o'clock A.M. and 7:00 o'clock A.M. of any day, except January 1st of any year; or (2) Between the hours of 3:00 o'clock A.M. and 12:00 o'clock ngon on Sundays, or (3) Between the hours of 5:00 o'clock A.M. and 7:00 o'clock A.M. on January 1st of each and every year. (Ord. No. 7, Sec. 22; Ord. No. 113-64, Sec. 3) Amendment note---Ord. No. 226-71 dated Feb. 25, 1971 repealed Subsection (3) of Sec. 3-34, which subsection read "On any day of a general or primary election during • the hours the polls are open; or". Subsection (4) was re-numbered Subsection (3). Sec. 3-35. DISTRIBUTORS---SALE TO LICENSED VENDORS ONLY---No distribu- tdr licensed under this Chapter shall sell to any person for resale within the village any intoxicating liquors or beverages except to those persons holding a license under this Chapter. (Ord, No. 7, S.ec. 19) Editor's note: No provision for licensing of distributors is set forth in village ordinances. Sec. 3-36. UNLAWFUL BEVERAGES---(1) It shall be unlawful for any person to manufacture or to possess, or to offer for sale or to sell intoxicating liquors, wines or other beverages within the corporate limits of the village which have not been manufactv.red and licensed pursuant to th.e laws of the United States and of the State of Florida. (2) No liquor or intoxicating beverages shall be sold by any person holding a license under this Chapter, where the container thereofidoes not have and bear the stamps, marks and labels required by the laws of the United States and the State of Florida relating to intoxicating beverages. (Ord. No. 7, Sec. 3) Editor's note: The following language has been deleted at the discretion of the editor from Section 3-36(2) as being Supp. No. 3 - 12 - inappropriate: "and by proving the manufacture or possession • or sales thereof by the defendant." Sec. 3-37---3-40. RESERVED. • - 13 Chapter 4 ANIMALS AND FOWC Art, I In Gene.ral., Sections 4-1---4-10 Art, II Dogs .and Cats, Sections 4-~:LL---4-34 Axt. 'I IN GENERAL Se.c. 4-1. DEFINITIONS---As used in this Chapter, unless the context otherwise indicates, (1.) "Bite" shall include. an abrasion of the skin. (2) "Dog" shall include any canine. (3) "Cat" shall include an feline. • (4) "License Year" sha.l_L mean the period between the first day of June in any calendar year and the :Last day of May in the following calendar year. ~~ (5) "Owner" shall. include. any person, firm, partnership, trustee, association or corporation owning, keeping, harboring or otherwise maintaining a dog or cat. In any prosecution under this Chapter where it sha:LL be found that a ca.t or dog is in the custody or under control of a minor, it shall be presumed that the owner of such cat or dog is the parent or legal guardian of. such. minor. (Ord. No-. 206-70, Sec, 1) (6) "Person" shall include any person, firm, partnership, trustee, a ssociation or corporation. (7) "Running at large" shall refer to a dog or cat off the premises of. its owner and not under the immediate eye and control of the owner or person acting for the owner. (Ord. No. 28, Sec. 1; Ord. No. 112-65, Secs. 1., 2) Sec. 4-2. BIRD SANCTUARY---(1) The. land lying within the municipal limits of the village is hereby declared to be a bird sanctuary. (Ord. No, 184-68, Sec. 1) i (2) It shall be unlawful. to intentionally kill, injure or otherwise destroy any bird found within the bird sanctuary, (Ord. No. 184-68, Section 2) Supp. No. 1 -14- Sec. 4-3. KILLING; POISONING---(1) No person sh;~.ll coill,fully• anal maliciously kill, maim, or disfigure any dog, cat or other::aaimal: . of .another person; or willfully and maliciously administer'poison:to any dog, cat or other animal~of another person, or expose: any' poisonous.subetance with intent that the same shall be taken and swallowed by them. '"."" (2) No person shall leave or deposit any poison'.or any,sub•stance containing poison, in any common street, alley, lane'or thoroughfare,' or in any yard or enclosure other than the,yard.or enclosure oecupied or owned by,auch person; provided, however, that it shall not be•.• unlawful to leave or deposit insecticides that are not prohibited by. any village ordinance on a swale area in the village., (Ord. No. 28; Sec. 17; Ord. No. 112-65', Sec. 1; Ord. No. 206-70, Sac. 4) Sec. 4-4. IiINDF.RING ENFORCEMENT---It shall be unlawful•to,:hinder or molest any police officer,••or other authorized person engaged in.the enforcement of this Chapter.•• (Ord. No. 28; Sec: 18) Sec. 4-5. GENERAL ENFORCEMENT---The director of public ,safety and such other persona as may be designated by.him or the,v111age manager are hereby•authorized and••directed to enforce this Chapter. (Ord. No. 28, Sec. 20; Ord. No. 218-70, Sec. 2) • Sec 4-6 KEEPING PROHIBITED; EXCEPTIONS---(1) No person shall keep, possess or maintain any live animal, including fowl, within the village, except as follows: Doga,,cate, parrots, parakeets, canaries,,rabbita, ~ guinea pigs; hamsters; gerbils and turtles may be kept, possessed and' maintained as houeehold,peta within the village so long ae.they are kept, possessed and maintained 1n compliance with the provisions of this Chapter, and provided, further, that these household pets do not, constitute'a nuisance to neighbors because of excessive noise or odors. Proper sanitary measures shall .be observed and followed at all.timee in connection with~the keeping,-maintaining or possessing of such pets. (2) Any person desiring to keep, possess or.maintain any live animal, including fowl; which ie not enumerated in Subsection (1) may do so only after written request therefor to the village manager, who shall at hie discretion either grant or deny such rkqueat based upon coneiderationa•of protecting public health, safety and; welfare., (Ord. No. 206-70, Sec. 2) Sac."4-7'.''ABANDONING---No person.ehall desert or abandon any dog or other animal within the .village. (Ord. No. 206-70, Sec. 3) Sec. 4-8=--4-10. RESERVED. s Supp. No. 2 -15- Amendment note---Ordinance No. 206-70, from which the following sections were derived, did not specifically amend the Code and were codified as such sections in the discretion of the Editors: Sec. 4-1(5); Sec. 4-3; Sec. 4-6 and Sec. 4-7. Art. II DOGS AND CATS Sec, 4.-ll. PROHIBITED IN CERTAIN AREAS-,--(1) The owner of any dog or cat shall not permit or allow such dog or cat to be or enter upon any church premises, public hall or building, school premises, restaurant, store, market, or any place where food or drink is commercially dispensed or sold, (Ord. No. 28, Sec. 19; Ord. No. 112-65, Sec. 1) (2) No person, being the owner of any dog or cat, shall permit the. same to be in any public park of the village. (Ord. No, 206-70, Sec. 9) (3) Any dog or cat found running at large in any public park of the village shall be impounded by the police department in the manner provided for in Section 4-34, (Ord. No. 206-70, Sec. 9) • Sec, 4-1.2. SAME---EXCEPTIONS---The provisions of Section 4-11 shall not apply to dogs Leading blind persons, or to dogs and cats exhibited at dog or pet shows or dog training schools. (Ord. No. 28, Sec. 19; a.... Ord. No. 112-65, Sec, 1) Sec. 4-1.3. REGISTRATION; INOCULATION---(1) No person owning or having the care, custody or control of any dog or cat, more than six months old, shall. permit such dog or cat to be in the village unless it has been inocu.Lated against rabies within one year next preceding and unless such dog or cat shal'1 wear a currently valid license from Palm Beach County, (2) Failure to have a dog or cat properly licensed shall result in a.n automa.tic fine of at :Least ten dollars for each separate offense, (Ord. No. 28, Sec, 2; Ord. No. 94, Sec. 2; Ord. No. 112-65, Sec. 1; Ord. No. 206-70, Sec. 7; Ord. No. 210-70, Sec. 1) Sec, 4-L4---4--1.8. REPEALED. Amendment note.---Sections 4-14 through 4-18, both inclusive, were automatically repealed by Ordinance No. 206-70 and Ordinance No. 210-70, which amended the requirements for registration and inoculation of dogs and cats when Palm Beach County passed legislation requiring the same for all dogs and cats in Palm Beach County. Supp. No. 1 -16- Sec. 4-19, COLLAR AND TAG---REQUIRED---Every owner shall provide each dog and cat more than six months of age kept, harbored, or otherwise mainta.ine.d by him in the village with a sturdy collar to which the afore- said License tag shall be securely fastened and it shall be the owner's duty to make certain that the collar and tag are worn at all times by the dog or cat when off' the owner's premises. (Ord. No. 28, Sec. 6; Ord. No. 112-65, Sec, 1) Sec. 4-20, SAME---UNAUTHORIZED REMOVAL---No person, other than the owner or keeper, shall remove or cause to be removed the collar or tag from any dog or cat within the village. (Ord. No. 28, Sec. 7; Ord. No, 1L2-65, Sec. l; .Ord. No. 206-70, Sec. 8) Sec. 4-21., RUNNING AT LARGE---No person owning, harboring, or having in his possession any 'dog shall knowingly 'permit or allow such dog to run at large within the village or knowingly allow such dog to be upon any street, boulevard, road or alley of the village, unless accompanied by an attendant who shall have such dog firmly held by collar and leash, which leash is not to exceed eight feet in length. No person owning, harboring, or having in his possession any cat shall knowingly permit or allow such cat to run at large within the village, or knowingly allow such cat to be upon any street, boulevard, road or alley of the village or in any yard or enclosure other than the yard or enclosure occupied or owned by such cat owner between the hours of 11:00 P.M. and 7:00 A.M, (Drd, No. 28, Sec. 8; Ord. No. 112-65, Sec. 1; Ord. No. 206- 70, Sec, 1.2) Sec. 4-22. REPEALED. Amendment note---Section 4-22 was automatically repealed by Ordinance No. 206-70, Section 12, which did not provide a. specific penalty for violation of Section 4-21. Sec. 4-23---4-24, REPEALED. Amendment note---Sections 4-23 and 4-24 were automatically repealed by Ordinance No. 206-70, Sec. 5, which encompassed the same general subject matter. Section 5 of Ordinance No. 206-70 is codified herein as Section 4-26. Sec. 4-25, REPEALED. Amendment note---See Amendment note under Sections 4-23---4-24. Sec. 4-26. BITING AND ATTACKING DOGS---(1) It shall be the duty of the ~~ owner of any dog to prevent such dog from biting or attacking any person in the village, and if a person is bitten by a dog he shall report the Supp. No. 1 -17- incident to the department of public safety immediately. (2) Whenever any dog shall have bitten any person, the director of public safety may order such dog quarantined in the Palm Beach County Animal Rescue League shelter, or in a veterinarian's kennel, or on the owner's premises, for a period extending not longer than fourteen days from the date of the biting. (3) All expense incurred while the dog is in quarantine shall be borne by the owner, keeper or harborer of the dog. (4) Any dog which may unprovokedly bite or attack any person in the village is hereby der.Aared to be a public nuisance:.and such dog may be apprehended and impounded at any time by any police officer, or other person charged with the enforcement of this Chapter. If such dog is impounded, the owner shall have no right to redeem the dog if it has unprovokedly attacked or bitten any person or persons in the village on two or more separate occasions within any twenty-four month period unless he shall remove such dog from the village, immediately upon redemption and shall not thereafter keep, harbor, or otherwise maintain such dog in the village at any time. A dog bite or attack shall be considered unprovoked if the dog which bites or attacks is unleashed or not confined on the owner's premises at the time. (Ord. No. 28, Sec. 10; Ord. No. 112-65, Sec. 1; Ord. 195-69, Sec. 1; Ord. No. 206-70, Sec. 5) • Sec. 4-27. REPEALED. ~- Amendment note---Section 4-27 was automatically repealed by Ordinance No. 206-70, Section 5, which encompassed the same general subject matter. Section 5 of Ordinance No. 206-70 is codified herein as Section 4-26. Sec. 4-28. REPORTING DEATH OR DESTRUCTION---In all cases where any dog or cat which has bitten a person is slain or dies within fourteen days from the time of the bite, it shall be the duty of the person slaying such dog or cat and the owner of such dog or cat to notify the police department and to immediately deliver such dog or cat intact to said department, or cause the same to be done. (Ord. No. 28, Sec. 11; Ord. No. 112-65, Sec. 1) Sec. 4-29. BARKING, HOWLING DOGS---PROHIBITED---No person shall own, harbor, or keep within the village any dog, bitch or .cat that becomes a nuisance to the community by barking or causing other disturbances. (Ord. No. 28, Sec. 12; Ord. No. 112-65, Sec. 1; Ord. No. 206-70, Sec. 6) Sec. 4-30. RABID ANIMALS---DECLARED NUISANCE---Any dog or cat suffering from rabies ss hereby declared to be a public nuisance and such dog or cat may be slain by any;,~police officer, or such other person Supp. No. 1 -18- charged with the enforcement of this Chapter, if the same cannot be safely apprehended and impounded. (Ord. No. 28, Sec. 13; Ord. No. 112-65, Sec. 1) Sec. 4-31. SAME---CONFINEMENT---It shall be the duty~of any person keeping, harboring, or otherwise maintaining any such dog or cat to place it immediately in a veterinary hospital or, upon demand, to surrender such dog or cat to apy police officer, or other person charged with the enforcement of this Chapter. (GId. No. 28, Sec. 13; Ord. No. 112-65, Sec. 1) • • Sec. 4-32. SAME---DUTY TO REPORT---IMPOUNDING---(1) 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 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. (2) Any such dog, cat or other animal shall be immediately con- fined 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. (Ord. No. 28, Sec, '13; Drd. No. 112-65, Sec. 1) ASES---RUNNING AT 'GARGE- DESTRUCTION---(1) No persons owning any dog or cat, knowing it bo be afflicted with any contagious disease or in an unhealthy condition, shall permit such dog or cat to be out in public within the. village .limits. Sec. 4-32.1. (2) If the police officer for any reason suspects that a dog or cat while running at large is not in a healthy condition or that it is suffering from any contagious disease, such officer shall impound such dog or cat and deliver it to a licensed veterinarian in North Palm Beach or vicinity thereof, and if it be determined by such veterinarian that the disease is incurable, such dog or cat shall be humanely destroyed or otherwise humanely disposed of in the discretion of the police officer. (Ord. No. 206-70, .Sec. 10, 11) Sec. 4-33. MUZZLES---WHEN REQUIRED---Whenever the mayor, by proclamation, shall declare 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. (Ord. No. 28, Sec. 14; Ord. No. 112-65, Sec. 1) Sec. 4-34. IMPOUNDING---(1) Whenever a dog or cat is within the corporate limits of the village in violation of the provisions of this Chapter, Supp. No. 1 -19- • .• it shall be the duty of any police officer of the village, when such fact shall be called to his attention, to take charge of such dog or cat and impound it. (2) Within forty-eight hours thereafter, the owner of such dog or cat may apply for its release, and such release shall be granted providing the owner shall have paid whatever fine may have been imposed by the muni- cipal judge for the violation of this Chapter, and providing the owner shall also pay all expenses incurred in the capture, feeding and care of such dog or cat during the period of its retention by the village or under its authority, which shall be a minimum of $10.00 to cover such expenses. (Ord. No. 8-73) (3) If the owner of the dog or cat shall not make application for its release within forty-eight hours, or shall not pay the charges and fines above referred to, then the director of public safety will release such dog or cat to the Palm Beach County Animal Rescue League. (Ord. No. 8-73) (4) Any police officer or other employee of the village who impounds or otherwise acquires possession of a dog or cat who has a license tag affixed to such animal, shall make every effort to notify the owner as soon ae is reas- onably possible. (Ord.. No. 28, Sec. 15; Ord. No. 94; Ord. No. ll2-85, Sec. 1; Ord. No. 208-70, Sec. 13. Sec . 4-35---4-38 . REPEALED . Amendment note---Sections 4-35 and 4-38 were auto- matically repealed by Ordinance No. 208-70, Section 13, which encompassed the same general subject matter. Section 13 of Ordinance No. 206-70 is codified herein as Section 4-34. Amendment note---Ordinance No. 206-70, from which the following sections were derived, did not specifically amend the Code and were codified as such sections in the discretion of the Editors: Secs. 4-ll(2)(3); 4-13; 4-20; 4-21; 4-28; 4-29; 4-32.1; and 4-34. u REV 7/31/73 -2o- Chapter. 8 ~• .BUILDINGS Art.. I In. General,. Sectione..6-1.---6-10 Art..II .Building. Code,. Sectione..6-11---8-19 Art.-III Appearance. Code, Sectione_8-21-.--8-38 Art. I IN GENERAL -Sec.. 6-1. . CONSTRUCTION. ON. PUBLIC. LAND.-.--PROHIBITED . . It. shall. be:.unlawful .for any.person..to erect or.maintain,-or.to.permitahe.erection..or maintenance of .any structure of any. kind.; including a.wall. upon,.acrosa;..over-or.:under-.any. . portion of any. publicly dedicated. utility. or. drainage. easement. area. in. the: village. Sea. 6-2---6-10. .RESERVED. Art. II BUILDING. CODE • Sec... 6-11. .ADOPTED. BY REFERENCE-.--Under._the authority.. of. Section- 165.191, Florida. Statutes, the. Village... of._North. Pahn..Beach. hereby. adopts: by. reference . . ..,.~ thereto,..the. Southern. Standard: Building- Code, 1989...Edition.tyith. 1972_Reviaion.. . .thereto, including-Appendices: A,. B.,. G,. E.,. F. and. H, .as..the....building-code::for:.the Village ....There. has. been. for...at' least.:.ten-days: ast. paet.:and.. shall. be.. during...the .. ..time- that..this. Code. is. in .effect,...three.copies. of. such.. code. kept available:.for. public ..use, inspection and examination... (Ord. No. 18-72, . §. 1) Sec.. 6-12. .AMENDMENTS---The. following..amendments, - corrections,.. and .- additione to said-Code. are-hereby. made. and_adopted; . said. amendments;:-corrections and..additiona.teing. set forth..herein-tyith: reference-to. and. prefaced by_.the: Section number and. title of said Code, as. follows: SECTION .105..-.APPLICATION. FOR: PERMIT ..105..1 -WHEN REQUIRED Delete. existing- paragraph..(a) and. rewrite aa.:followe: (2) .Any owner, authorized. agent, . or:.contractor: who: deairea.xa construct, enlarge,..repair,.movc,. demolish. or. change..the. occupancy. of. a-.building.or.._ ... structure; .repair, resurface-or.:install.: roofing;.. instaA: air.. conditioning...syatema, window or .wall .air conditioning units,-heating;. installation-of.asteam..boiler,_. .furnace, incinerator. or other heat.producing.apparatus. or. other.. appurtenances, Supp. No..4 -21- -the installation _of. which.. ~s.. regulated. by this. code; . Elevators, . Escalators.; .:jalousies,. • .storm stops or .shutters;: fences,..walls.;-television antenna over.:.ten _(10!.):. feet. high .above. last.. anchorage ,_.maete.'and.aowera,: private. tight- poets ..in.'any..Commercial `„ _or Industrial. Diatrict;.fuel..tanke,..pumps,-.bottled-gas...and.related equipment;. . groins, bulkheads, docks.,. Dolphin. Polea;:.::aidewalks, ..driveways; .swimming,......... . Therapy. or. wading. pools, water- proofing..and. sand.. blasting.; or_.inatall. awnings-,.-.. . signs, pacing, drainage,. Potable..water:..or. sanitary. sewerage systems.;: fire. sprinkler systems,-Irrigation eprinkler.:.eystema,.screen: enclo~ures;aow.voltage.inter-.. .... communication,Burglar .and. Fire alarm.-systeme..or. cause. any..auch work-.to.: be .done, . shall: first make application. to the. Director. of. Public- Services.'and obtain the. required .permit. therefor. (b) .Delete 105,3 .DRAWINGS. AND. SPECIFICATIONS Delete- existing paragraph (c) and. rewrite. as. follows: (c) ..All drawings and specifications. and. accompanying .data. shall. bear...the name, .signature. and address..of.ahe: de~igner.~.In. case_.of:.buildinga.or.: structures of. group G,.D-and. E.occupancy,.and.:all: buildings..or..structures..exceeding,500. square. feet; such: designer. shall: be .an.architect. or: engineer.aegally. registered . under..the awe of..the. State. of: Florida .regulating..the. practice.:of. architecture.: and engineering,- and. shall. fix. hie. official. seal..and..aignature...to> said-drawings, specifications and. accompanying. data..> No..building..permit..will:..be_ given..for., any • .building or structure. under .jurisdiction. of. the..Hotel_ Commission: until said: plans and. ~pecification~..have been. approved:.by, said. Commission... Any structural .remodeling or' alteration..plans ahall...be..prepared:.by. a..regiatered architect. or engineer..when..required: by the. Director of= Public :Services. 105.7. -STREET: LINES...- - Delete.existing. paragraph and rewrite aa..followa: No. permits. ehall..be :given: by the Director.,of: Public-.Services.-for-,the ..... construction .of any- building, or for.-the:., alteration.oE.. any:.building:,...where. said .... :.building .is. to. be changed- and such change.: will.affect.'the .exterior:.walla; • bays, balconies,. or .other appendages: or. projections: fronting. on. any..atreet, : alley. or.. public .lane, .lot. line.,. ar. for..the. placing.. on any.:.lot..ar. premises. of any.-building..... removed- from .another lot_or. premises. unlesa.ahe. applicant has..caused .a. certified.. survey of the. property: and. atreef. lines.-to'..be-:made .:for. said..proper-ty; and furnishes to the. Director.. of Public Services a certified. plat :of?this. survey. .:All provi~ion~..for.setbacke.as aet:forth.in:.the-:Village.:af.North_Pa1m=Beach ...Zoning. Code as amended,•are.hereby-adopted-.and=.made-a part .of .the=Building ..Code of -the. Village- of. North Palm Beach,. Florida. , -21.1- Supp. No. 4 108.2.. > QUALIFICATIONS. OF: APPLICANT ~• Delete- existing. paragraph. and rewrite. aa..follows: Application..for. permits. will: be accepted:. only:-from. contractors.. currently. licensed.:in. aheir. respective:. field .and>for.: whom. no. revocation- or. suspension.. of license :is-pending; .except_:that..an::ittdividual..owner_ may. make. application.:.for..... . :.permit and supervise or.. accomplish::the work: in..connection>with:-the. construction maintenance,...alteration or. repair. of. a .eingle.:family. or..two::family. residence.: for hie own. use and occupancy..and not.:intended.:for.sale:.. ,The .construction-.of.. more than.. one. residence by .an .individual. owner...in;, any..12: month..period.. ahail: be> con- atrued as. contracting, :and..such. owner:. shall.,then:_be..required.,to: be:.licensed~as, a ..contractor... Such_ licensed. contractor.. or. owner::ahall..be: held. reaponaible::.to =the ..:Director. of. Public. Senvicea. for .the. proper. supervision. and. conduct of all. work covered .thereby. An owner. of any .building. may: make.:application:,for. permit. to .repair- or. remodel any building when. non-structural: work is involved. :..106.3. CONDITIONS. OF. THE. PERMIT.. . Delete existing. paragraph and. rewrite. ae-follows: (a) Every.permit-iesued.by:the..Director.of:Public_Services..under.the..-._ provisions. of. this. Section. shall expire.. by: limitation. and..become: null .and:.void:.if. • .the. work suthorized..by such. permit::is..not. commenced:.withm: 90. days::from the date. of such. permit,- or. if-.work. authorized: by:: such permit ie:.. suspended or ._ „_, abandoned at any;.time...after. the..work: ie. commenced;..for. a period...of..90..days..:.. Work shall not. be deemed- .to-have. started.. or. shall; be. deemed .to. have: been. suspended ': when such work-is-being= done intermittently. (b) .Before:.work., :.for. which.:the. permit. has; ..for:..'any> reason;. become.: void, may: be. subsequently:. commenced, .. recommenced,.. a: new.: permit. shall: first be ... . obtained..: A. voided. permit.: may be-renewed.: by..-the original. applicant. only,.- for . . a. prorated. amount. of~.the .original..fee,•.provided.:the:.proposed..work.. conforms;. with. all. requirements, ordinances;.. rules and regulations.. effective .at. the: time :o£ such renewal . Change heading to. read: 106.5: SPECIAL.. INSPECTOR . _. .. Delete existing. paragraph:- and- rewrite ae. follows: (a) . On new-buildings. or.. additions,.. of: Type.>I_.conatruction,:. on .all_.major... structural. welding, .. on; major.. structural: alterations,.. on..:concrete.-..work: iwhere:.:the. . design .ie. based_.on: fle in .excess of..1:,500:.pounds.-.per, square:3nch;..on:.buildinga of area.greater:ahan.20,000..~quare.:;feet;.on:. b..uildinga:.moreahan:two: atoriea_in height, and on buildings and atructurea.of.unuaual.design or.:methods.of Supp. No..4 -21.2- construction,. the: Director. ~f Public..Services..may:.require..the.owner..to .employ. a • special. inspector::for. the inapection.of:;the:. structuralframework. and..auch~.apecial... inspector shall..be. present at all:. timea.:.that..work..is .in. progresa...on.ahe::structural: frame. ~ The_ Director.. of. Public Services shall require a. special inspector. on:•pile driving . (b) Such special inspector-. shall: be a. registered..architect..or.,engineer,.:..or.. an. accredited employee-of either;..or..any;other.competent..peraom..or.agency:.whose qualifications are. approved:.by .the: Director.: of: Public Services who: shall: be_ . __. .. . responsible for..the control.. of. the: materials andt:methoda .of.: construction..:. He. shall be. responsible: for compliance .with:.this: Code. and..ahall .submit :weekly. progress reports of daily. inspections. to. the: Director- of. Public Services. (c) At. the :completion.. of. the conatruction::work. or. project;.ahe special . _ . inspector. shall submit a. certificate: of. compliance:ao:ahe_Director:.of:.Public: Services, stating. that -the , work..was:.. done..in. compliance..with.ahis.:.Cods .and- in . accordance- _ with..the approved. plan..or. plans; . and :his, dutiea.ahall. end.: with :the _ submieaion..of... such. certificate.....Final inspection. shall. be: made: by the. Director of. Public. Services .before a. Certificate, of: Occupancy. is:issued. (d) In lieu of she.above,..the Director_.of:.Publio Senvicea.may.accept a written certification- by. the. designing .architect. or. engineer.ahat_.he . has.. full.... superviaion.of..the.construction;. and.in~.addition.:.the.Director_of-.Publi.c:.Servicea.. .. may requir..e ahatahe..supervising architect..or.engineer...provide::.testing. laboratory • .reports. as to welding,:.concrete: strength,..:etc. ..from.''.a..recognized and.:approved testing.laboratory or similar. facility .....Upon. completion :khe..Director..of: Public.._ ,,d ..Services may require. that. the..designing .architect-or. engineer submit :a-:certificate of compliance,.. stating. that ;all.work:.was-done -in. accordance with the Village ..Building. Code. and. the approved. plans. (e) .In lieu .of_ Section. 108.51a) . (b.) ..(c) and.-(d) .'.the. Director.of:.P.ublic..... . ..Servicesmayrequire,.at..his.diacretiom,:.the..contractor...of.a commerical:.building of. 5000_ square:-feet or..more of: floor..area,.on -the..ground.floor or.. an. apartment...-... .. house .of .thirty:...(30).. or-more. apartments_:to. pay. the: V.i]lage..of North..Pa1m:.Beach- an hourly inspection...fee, monthly. on:demand...,.:.The.certification...of..the number..of_,..., hours to. be .charged: ahall:.be. made..by..the:.Building.:Official .monthly.. The..hourly rate .for .the. inspection. fee: shall-.be.. established yearly: by the. Village. Manager prior. to 1_ November of each:.fiacal= year. (f).. Factory. Built Housing, as.. defined. in; the Florida: Factory Built- Housing Act..of 1971, Part_IV,..of..Chapter.443.,~.Florida..Statutes;: ~hall:.be,.inapected.by he... :Building. Department..during. ahe:.placing of...the:.buildings-.on. the..;foundations:-.: This inspection shall- cover..the; unloading,. and erection:..of, she: building.. components and .the. hook-up of. he utility~.lines.... An.: hourly...inapection; fee,. in:. addition .to :the.- ... regular. building. permit fee; .shall be. charged•.by, the: Village..to::the -contractor .for . this inspection. time : .The certification of the: number. of hours 'inspection'. time. to • Su No. 4 -21.3- PP be charged shall be made by the Building Department. The hcnsly rate for the inspection fee shall be established yearly by the Village Manager prior to y:st November of each fiscal year. SDCPI@I 107.4 - S(~-~TLE OF PEFdKIT FEES, CHA1~S AND EXI'INSES On all buil~i*+gs, structures or alterations requiring a building permit as set forth in Section 105, fee shall be paid as required at the time of filing application, in acwrdance with the following schedule: A. BUILDING PEFSffTS. Amount Fee Amount Fee Under $100. $ 5.00 $36,000. - 36,999. $167.00 100. - 499. 8.00 37,000. - 37,999. 191.00 500. - 1,999. 15.00 38,000. - 38,999. 195.00 2,000. - 2,999. 20.00 39,000. - 39,999. 199.00 3,000. - 3,999. 25.00 40,000. - 40,999. 203.00 4,000. - 9,999. 30.00 41,000. - 41,999. 207.00 5,000. - 5,999. 35.00 42,000. - 42,999. 211.00 6,000. - 6,999. 40.00 43,000. - 43,999. 215.00 7,000. - 7,999. 45.00 44,000. - 44,999. 219.00 8,000. - 8,999. 50.00 45,000. - 45,999. 223.00 9,000. - 9,999. 55.00 46,000. - 46,999. 227.00 10,000. - 10,999. 60.00 47,000. - 47,999. 231.00 11,000. - 11,999. 65.00 48,000. - 48,999. 235.00 ,000. - 12,999. 70.00 49,000. - 49,999. 239.00 ,000. - 13,999. 75.00 50,000. - 50,999. 243.00 14,000. - 14,999. 80.00 51,000. - 51,999. 247.00 15,000. - 15,999. 85.00 52,000. - 52,999. 251.00 16,000. - 16,999. 90.00 53,000. - 53,999. 255.00 17,000. - 17,999. 95.00 54,000. - 54,999. 259.00 18,000. - 18,999. 100.00 55,000. - 55,999. 263.00 19,000. - 19,899. 105.00 56,000. - 56,999. 267.00 20,000. - 20,999. 110.00 57,000. - 57,999. 271.00 21,000. - 21,999. 115.00 58,000. - 58,999. 275.00 22,000. - 22,999. 120.00 59,000. - 59,999. 279.00 23,000. - 23,999. 125.00 60,000. - 60,999. 283.00 24,000. - 24,999. 130.00 61,000. - 61,999. 287.00 25,000. - 25,999. 135.00 62,000. - 62,999. 291.00 26,000. - 26,999. 140.00 63,000. - 63,999. 295.00 27,000. - 27,999. 145.00 64,000. - 64,999. 299.00 28,000. - 28,999. 150.00 65,000. - 65,999. 303.00 29,000. - 29,999. 155.00 66,000. - 66,999. 307.00 30,000. - 30,999. 160.00 67,000. - 67,999. 311.00 31,000. - 31,999. 165.00 66,000. - 68,999. 315.00 32,000. - 32,999. 170.00 69,000. - 69,999. 319.00 33,000. - 33,999. 175.00 70,000. - 70,999. 323.00 34,000. - 34,999. 179.00 71,000. - 71,999. 327.00 35,000. - 35,999. 183.00 72,000. - 72,999. 331.00 •REV 12/31/73 -21.4- :.' :.' • Annunt Fee Amount Fee . $73,000. - 73,999. $ 335.00 $87,000. - 87,999. $391.00 74,000. - 74,999. 339.00 88,000. - 88,999. 395.00 75,000. - 75,999. 343.00 89,000. - 89,999. 399.00 76,000. - 76,999. 347.00 90,000. - 90,999. 403.00 77,000. - 77,999. 351.00 91,000. - 91,999. 407.00 78,000. - 78,999. 355.00 92,000. - 92,999. 411.00 79,000. - 79,999. 359.00 93,000. - 93,999. 415.00 80,000. - 80,999. 363.00 94,000. - 94,999. 419.00 81,000. - 81,999. 367.00 95,000. - 95,999. 423.00 82,000. - 62,999. 371.00 96,000. - 96,999. 427.00 63,000. - 83,999. 375.00 97,000. - 97,999. 431.00 84,000. - 84,999. 379.00 98,000. - 98,999. 435.00 85,000. - 85,999. 383.00 99,000. - 99,999. 439.00 86,000. - 86,999. 387.00 100,000. -100,999. 493.00 $101,000. - $444.00 plus $1.50 per $1,000. valuation over $101,000. NGVING BUILDING - $10.00 DFS'C7LTTICN -- $10.00 ' DRIVIWAYS AND SIDEWALKS -- $15.00 CONDfS'A1ID BY CITY - No fee for SPId~'PORAI. PEST CONTROL - $5.00 denolition UNDII~LJND FUII, - Value as above plus $10.00 fire inspection fee. • When the valuation of the proposed construction exceeds $5,000.00 and a plan ~. is required to be sub<ni.ttexi by Section 105.3, a plan-checking fee shal l be paid to the Vi llage at the time of sulmitting plans and specifications for checking. Said plan-checking fee shall be equal to twenty percent (20B) of the building permit fee as set forth in this section. (Oxrl. No. 18-73, § 1) C7 REV 12/31/73 -21.5- 109.1 (a) REQUIRED. FOR CERTIFICATE=OF.OCCUPANCY A certificate of occupancy ahall,not.be issued .by .the Director. of Public Services until a certified eurvey..of the.properly:, locating<all existing buildings and property lines for said property.shall be furnished ta.the Director of Public Services. SECTION 111. -• Delete section -See Contractors. Board Ordinance. SECTION. 112. -. Delete section: -See Contractors Board Ordinance. SECTION. 113. -Delete section: -See Contractors Board Ordinance. 114 VIOLATIONS AND. PENALTIES . . Delete existing paragraph and- rewrite as'Sollows: • • Any person,: firm.; or corporation.who shall violate a proviaion.of.this Code.,. or. fail to comply..therewith;.or.'with.any;.of;the.requirementa:thereof ;. shall be guilty of a misdemeanor, .Each :such personshall be: deemed guilty of,a . separate offense for each'and.every.day.or,portion thereof:during which 'any-- violation. of any. of .the proviaiona.of>thia Code.is.:committed .or. continued,;, and..upon. . conviction of any..such violation., such.person. ahal1..be.punishable.by a.fine of not less than fifty d$50). dollars nor-.more.-than.five• hundred .($500)..dollars;• or by. . imprisonment not exceeding sixty (80) days.,. or. by both such fine'and imprisonment. 201.. 2 .GRADE -. MINIMUM FLOOR ' Minimum floor.. grade Sor. reaidential,.buildinga.ta be .18 inchea.above: ai'dewalk. or .crown of road grade;-:commercial-or.:dnduatrial..bvi.ldinga:.to be.five..(5). inches..... above sidewalk or. crown of road grade;: unlesa'satiafactory.drainage,. natural or mechanical., is provided. 201-.2 . STRUCTURE -..means.that:wluch.,ia built.or.. constructed,..an.ediface.or.. building of any kind,..or. any-piece;.of;.work:anti~ficially-.built. up or: composed of parts joined together-..in some.definite.manner.<•:.-The.term :'structure:'. ahall.be -. construed as if followed.by_-the words_':or..part..thereof!!..,. Auto,trailera.and_mobile homes parked, deaigned..or. intended..ta.be.used.b..y..any.'.occupancy,.except:thoae in existing bona Side trailer. parka.; shall be construed to be structures. 201..2 BUILDING OFFICIAL - (Addahis sentence .to definition) • Building Official and Director of Public Services are synonymous. Supp. No. 4 -21.s- (Add this after definition o+' !'Dead Load!!J•z Director. of Public Services - Building Official and Director. of Public Services ara synonymous. 301.4. (c) The Director.oEPubliaServices.;..ar.:his.de~ignated.employee,.ahall ..__. make recommendations aa. toahe .estab]ashment:ofzEire. Diatricta.based..on customary - usage ...These .recommendations shall be' a necessary prerequisite ,to •the eatab.liah- >ment of Fire Districts within the Village. 304... Add paragraph as>followe:..-..._:._. ,:'.._.,. .. ... (k) .one and two family-.dwellings and.private:garages_may-be:erected of .type VI wood frame construction _in:zoningrclassification,R-l:andR-.2.only.providing ... such buildings are set back from side and:'rear-.property: lines at-least-ten (10) feet. 405..5 . GROUP "B" BUSINESS OCCUPANCY-HEIGHT: AND: AREA: RESTRICTIONS ALLOWABLE HEIGHTS....:::. ALLOWABLE .AREAS as TYPE CONSTRUCTION. _` .' .. SQUARE:-FEET. PER: FLOOR Story.. .:First:: :Second Third Floor Hei hb .' Floor....: Floor . and Above sea. Type VI -Wood Frame. B-1-.Offices, etc. one.':. 9,OOQ- Not.permitted Not permitted (• B-2-. Mercantile . one _.: 8,000.: .Not permitted Not permitted ~° °ae Building to be set back from. common property -Linea a minimum of the (10) feet. 406..5 "C" SCHOOL- OCCUPANCY•.:-:;.HEIGHT AND AREA RESTRICTIONS Story.... ..:: First.::.. Second.: Third Eloor. Hei ht ... .: ~ Floor -,: Floor .. - . ' and Above .. Type VI -Wood Frames. one ::. ..>~8,000::...:.. .;.Not.permitted.:.. _ Not permitted ea. At least one-hour interior.fire-resistive .construction. eha1L be used in all Group !'C" (Schools) , regardless of height.. 407.5 . GROUP. !'D!' INSTITUTIONAL .OCCUPANCY-HEIGHT.-AND: AREA RESTRICTIONS Type VI -Wood Frame Group D-2 Not permitted 504.1 PERMIT .Before such permit is issued;.permission:muat.be.:obtained:.in:writing from.khe . Village Manager and/or administrative'awtksority,-except construction sheds. Supp. No..4 -23.7- .505 _ AUTOMOTSVE SERVICE STATIONS ' -Add at end of paragraph`.(a) ' ~•~ Automotive Service stations ehall.be_of;construction providing.aminimum.of one hour fire reaietance.inaide and.outaide..:: No.opening..ahall be.placed.in:the. ._ .exterior walls when located within five.(5'): feet from common property lines or adjacent structures. . 505 .(d) LIQUID. FUEL REQUIREMENTS' 1. -Permit required.when,'capacity;.nver-one,:gallon:..:It ehall.be unlawful for any. person to install;.:place';:locate;.bury,;:.erect; or:maintain;. or.to:aid.or. assist in the installation;..placing:,>looating.;:,.burying.,::erecting.;.or:.maintaining.... any tank designed or intended::to be,u~ed:.for theatorage.:of:any.liquid. commonly used for .fuel, such aa, Liquefied.Petroleum,.Gas.;, gasoline.;:keroaene,::diesel:oil..... or like substances; havingtaaotal:;capacity::.©f.over.one gallon ,..upon any.property or premises within the.Village;: unleesahere first be secured from the Village Building Department a written permit'. 2..Information to.be furnished hy,;applicant.for...permif...lt shall.be'the duty of an applicant for,.such:a.:permit,.to::fuxniah;.a.written.application..to,the ..Director of Public Services.;-.accompanied:with.payment..of.:a.fee.:in:ihe 'sum.of.._....... $10, OO to cover the. coat of investigation, which- application ehali show the following information: (a) The name and address ofahe applicant...-.... ~- (b) The name.and.addreea of<the.owner.:of the.premiaea. (c) The legal description: o£:the premiaee and its street ...location . .. ...............:..:.:.:...:_..: . (d) .The zoning: district in:whichauch.property is located.....--...... (e) . A aketch.ehowing;the.`exact propoaed.location.ofaank.upon or under:.the premiaee;•::aleoahe:exact>location.of any other existing, tanks. span. or•, under the. premises........... (f) .The size';::.type.;:..construction..capacity.;:.and.purposeof the proposed tank and any other: existing: tanks. 3 .. Type ,. Construction,: Deaigcy. and'dnstaliation -to Meet Regulations of National Board- of Fire Underwriters . ` (a) The:location;: design, 'construction.and.:installation.of'.a11 such __.. tanks must: comply:.with:: all ordinances:;of::the.Village. of .North Palm Beach., including all zoning..and.building:code.:regulations;.andin..addition;ahe .. type, construction,•.design.and:installation:thereof:must:conform.:atrictly to.the xulea..and.regulationa:.of;-the..NationahBoard:of Fire Underwriters and the. National Fire Protective Association Code. (b) .Location of Tanks: '-Underground'-tanks or tanks under buildings ~~ Supp. No. 4 -21,8- shall be so located with reapect.to existing. building foundations and _ .. . supports.that.the.lo..da.carried.by.the.:latter cannot be.tranamitted to:the • tank.. The distance between tanks or.:from.any.part.of.a,tank storing.. Class 1 or.ll liquids to the nearest wall of any.basement.;.pit;.or cellar... . `°" shall not be less than:2 .ft. , and.from any property line -that may be built upon, not leae.than 5 ft.:.The diatance.rfrom any part of. a tank storing. . Class lll.liquida to the.neareat wall of any basement,: pit; or property line, shall not be less than 2 ft. 4. Gasoline Storage........ It shall be unlawful for.any. person .to'conatruct. or install.within. the..... . Village of North Pa1m.Beach, facilitiea::forahe.:atorage :of more than.10.0, gallons. of :gasoline aboveground at any one gasoline filling station or automotive gasoline service station site. 5. A permit will be refused.when<fire,hazard.ia increased.or.ordinancea... violated. No permit shall.be granted .where.::a.violation of any:Village ordinance.is.. _ -- involved or where the,Building.Department 'determines :the.operation.or. maintenance.. `_ of any such proposed.tank would.unduly:increase-.the:.fire.hazard ofahe.surrounding neighborhood or property, or where the public safety or welfare is jeopardized. '' 8 . This ordinance shall. not. be conatrued.to require':a carrier....to .obtain:.a permit for the transportation of atorage,.tanka or for:the etorage:of'same pending delivery to the consignee; or to require':a.mannfacturer..or dealern:auch;aanka • to.obtain a permit in order to display. he same for sale or where not used for the storage of any liquid commonly used fon fuel. ..508 (b) _ PUBLIC GARAGES . Delete existing paragraph (b) and substitute-the following: (b) Public garages shall be.TYPE.I;.II, III,.IV; or..V.:conatruction.. Type VI wood frame shall in no.case be..permtted.::If..of .Type V.conatruction.it shall not exceed one story in..height;.and.ahall..not :exceed ,the:.maximum.height... and areas allowed for. Group F storage. building.. All public garages- shall have at least one. hour fire resistance throughout. 808.5 FIRE PROTECTIVE REQUIREMENTS--• TYPE V: -: ORDINARY **# Exterior wall shall extend notaeae. han.eighteen:(1&!): aboveahe.roof.;.except that parapet: walls ,need. not.be conatructed.on.bufldings: where ahe.:roofalopes . . more than four..(4"). inches vertical.to.twelve (12'!) :inches horizontal from -the back of the exterior. wall of such_buildings.or where she. exterior..wall..of such.. building is located five :(5!). feet. or more distance .from.the.property.line..or ie.... located on a public way. of five Feet or more in width; or where the roof is.of non- combustible construction. • Supp..No..4 -21.9- 607.2 LOCATION ON PROPERTY . All exterior.walls.of. Type VI, Wood Frame Buildings shall be located not less than 10 feet from property. lines. \`. 607.3 BUILDING LOCATED ON. THE SAME LOT Any Type VI Wood Frame Building must be 10. feet from any other building. 703.1 WHERE PROTECTION IS REQUIRED (a) Delete existing 2nd paragraph and substitute the' following: (a) Second paragraph - Every building: (excepS:one and.iwo family.dwell- ings which are lees than three.(3) stories in height„.churches and.buildings: of .. Type VI, Wood Erame_Conatruction) shall.haue.approvedfire windows, fire doors or other approved protectives in every opening-.in the exterior walls under khe following conditions: 1. In all buildings .where _the distance.from.tha property.line is five (5') .feet or less .(property lines does not apply to street line or the like . ) 2: In buildanga-.where such openings are above and>leas thanaen.(30'). feet distance from any part of a neighboring roof. .. 706.4 : TYPE G ROOF: COVERINGS* .Delete existing paragraph (b) and rewrite as-follows: (b) Type C: Roof Coverings will.be.permitted.only.on. Group A residential. buildings .not exceeding 7,000 sq:ft. of roof area; nor more than two stories in height. Add new. paragraph (d) (d) Non-rated labeled: No :.1. or. No .: 2.red...cedar, or redwoodshingles. and . Handsplit Shakes. may- be. inatalled..only: on. Group. A..Residential.build- inga not exceeding 3,500 aq.-ft. of roof area., nor more than :two stories in height. Delete existing Sections 706.8 and 708,7; and rewrite as follows: 706.6 ,ROOF COVERINGS -GENERAL (a) :ROOF SLOPES (MINIMUM) • (MAXIMUM) 1. Slate,:wood, asbestos; asphalt*, metal.:or:aluminum. - shingles,.clay. on.cement file .. . , 3" in 12" minimum 2. Built np roofs :(gravel or slag surfaces).... _.. . ..Flat roof specifications.. 1" .in: 12".maximuum. 4" in 12" maximum .Steep roof specifications Supp. No. 4 -21.10- 3. Built up roof with mineral surfaced . Cap sheet 2" in 12" Minimum 4. Metal roofing shall .be 41° in 12t1.minimum,. unless. epecifically._. ~ recommended.by the manufacturer with.a particularly designed metal roof system. -*: Asphalt shingles may be installed.on..roof projectiona.of.2!l.in 12:! minimum,. -. providing projection does not. exceed .6>feet and.an additional.underlay.of l.layer of 15# asphalt felt be inetalled..over:the 30# asphalt felt as per manufacturers specs, or hot mopped in asphalt. NOTE: On built-up flat roof specifications, it is required that positive slope for drainage be provided. (b) UNDERLAY 1. For clay and. cement tile. or shingles.:. One layer of 30 lb. asphalt:felt tintagged.to:solid.sheathing.and one. layer of 85 1b. mineral surfaced roll roofing mopped on with hot asphalt. 2.: Asphalt, as or slate shfn~les- or- 85 lb . mineral. surfaced. roll .:roofing :....... ..... .. . One layer of 30 1b..asphalt:felt.tintagged,ao.solid. sheathing.., (minimum.).. The underlay. ahall.be tintagged:.to #he_roof sheathing 12" o.c. throughout and 6" o.c. on the perimeter of each sheet. (c) MATERIALS. AND APPLICATION 1. Cement shingles must meet>the requirements for concrete roofing the as adopted.by the City of Miami and Dade County: Building Departments as of May 1, 1067. 2. Asphalt shingles shall have a.minimum.weight:of.235.1bs:.pera00.square .feet and shall be:installed:according.to.the..manufacturera..specifications.... Either self sealing shingles shall be used; or each shingle tab shall be set in mastic. 3: Asbestos- shingles shall.have:the.minimum.weight requirements per.. .100 square feet.American.Method.470;1bs:,:..Dutch:Method.28.5:1bs;,.French or Hexagonal Method :2.5.0aba. and shall be:inatalled according to the manufacturers specifications. i• 4. Slate shingles shall be':a minimumahickness.of.3/36"-. and.weigh..a..... minimum .of SOO.dbs. per 100 sq:-ft: and be installed aspenmanufacturers specifications . ~ 5. Built-up- roofing shall be applied. according. to the approved specifi- cations of national roofing:manufacturera. Supp. No. 4 -21.11- 6: Clay the and cement. shingles shall be proper-ly. treated to insure bond.and.shall.. be. laid .in cement mortantype M, in such a.way:that.natural .drainage:: along the:alopes of the roof is not impeded. All starter: the are.to.be nailed and. cemented:.::All::field. the on roofs with pitch of 6". in .12" and.over.must.be spoE nailed_every.::third tile.in. every. Fifth row or other approved manner. Cement and clay the shall be laid with a minimum of 2" headlap. 7, Wood Shingles:. The combined thickness of each:five:(5).~hingles:measured at the butts shall not be less than..two:(2) inches..-.The. exposure of.such.wooden .... . shingles to the weather shall not exceed; on roofs with: pitch of,5!'.in :12!'. or..steeper, five.inchea for 16 inch.ahinglea,. five:and.one-half inches.for.l8:inchshingles;.and seven and one-half inches. for 24 inch. shingles; nor on roofs.with less than.5!!. in 12" pitch, four.inches for l6.inch shingles;.:four.and.one-half.inches.for..l8l':inch ........ shingles and six .and one-half.inches:for 24 inch.shingles...:_Minimnm. pitch..is 3!' in 12" Such shingles shall be firmly nailed..to the.roof:with.non-corrodible and rust.... . .resistive nails according_to.accepted.good.practice:.• Unless otherwise.specified by ordinance.or. du)y promulgated.rulea;.the.Commercial.Standard.for..Wood...... .. Shingles, CS 31-38 of the U. S..Department of Commerce shall be accepted as means of establishing the grade of shingles. 8: Metal- Roofs: To be. installed according- to manufacturers recommendations with the following minimum requirements: (a) Galvanized sheet metal 28_ ga,- minimum (b) Copper. - 16 ounce. {Roofing-temper,.J._ . .. . . (c) Corrugated :aluminum .024 minimum-thickness. (d) Metal Shingles:_.28..gauge..minimum.and.8'! x,.12!' maximum. size.... _ Joints locked or soldered.and:madewatertight.:Aluminum shingles .019 minimum and.12!'x48".maximum size: .Must be'.four-way, inter- locking type. with. each shingle.fastened:.with: six :.040.gauge;; formed nailing tabs, .Aluminum shingles will.be. accepted .as a C1ass.C.roof only, unless applied .with..an.underlayment rated by the National Board of Fire Underwriters.as..a:Claea.A or. B. roof..... .. (e) Corrugated. or: flat sheet: metal roofing or.ading.will be. permitted.. - . only in Zoning Diatrict_C-.2; .and:,thabmetalaiding..as a.veneer maybe. used in both residential.and.commercial :zones.;.as: a sheathing and roof covering combined under the following conditions: (1) Scope. This Section. shall.govern;the.design. of.metalxoof deck:con-.._. struction used on spans of.not over_ten>(10'):feet,-:and_shall:goxern when:in:conflict with other provisions of this Code: ' No span in excess of ten (10'J. feet will. be allowed . All roof decks under this Section shall be made ofimetal not less :than .032" in thickness. Sapp. No. 4 -21.12- (2) Uaes. Metal roof decks may be used only in structures opened on one or more sides including screen enclosures. • ` (3) -Design: (a) The maximum working stress shall in no case exceed the ultimate divided by two point five (2.5) . (b) For purposes of determining-.the structural properties o£ corru-,.... gated metal roof.decka,. the effective wdth.ofhe..top flange between ribs shall. be limited to 75; of width.of top flange, for metal thickness of :048!' and 62$ for ...032". (c) Moment co-efficients of 1/10 shall be used where,metahroof deck un'f5: ~: extend over. three or more spans ; provided. deck units extend. over hree..or more spans, provided .deckunits.are.bolted.or. riveted.tosupports. All other metal deck installations shall be designed. as•aimple spans. (d) Maximum. Deflection:._: The maximum deflection. of.metal-roof decks under design live load.of thirty (30.ibs:): pounds square feet; plus dead load, shall not exceed 1/150 of clean span. {e) Anchorage and.Loading:.: Metal.decks. shallbe.anchored .with..... bolts or.riveis.o£ stainlesa_ateel or .aluminum to ahe.supporbing:.frame work, to. .. • resist,the following.groas.uplift.45 pound.aquane feet for eaves and overhangs, 30 pound square feet for all other roof areas. The live load acting. downward. shall. be. thirty..(30)-..pound square -foot or a concentrated• live Goad. of 300. pound .acting. on. the.:center. of span. and.the center of the panel. Loads. given will not be acting simultaneously. .Most -effective load shall govern. (f) Sandwich.panels.with:a.honey-combed.core:thai.is.glued.to faces. shall have.metal.facea of.not leas:ahan .024P.in. thickness:-:~The.acceptanee.of such panels as to length; and loading shall be determined by performance tests. >TESTS _. In lieu of designing .according to Section:708,8c7e;. teats may.be.made.to..determine -the structural propertiea::of:a.deck, based.onahe.maximum allowable.unit stress . .and. maximum deflection speeified.herein:.:.Suchaest shall be. performed.on.bare metal deck on simple.spans supported.on.knife edges,::wth:.concentratedaoada........ applied at the center point of.the .span or uniform:diatributed:aoada. applied... Deck panel.shall.be_not leas-.than:_032:': in:thickness:;..:.Draw.ing..ahall.be.snbmitted. showing method .of testing::. Testa shall .be .observed.and:interpreted by an ....... . .:Engineer registered _in the State of Florida, and subject to approval of Building Official. .. Supp No. 4 -21.13- (4) MISCELLANEOUS: (a) Insulation:. The.uae:of.Cork,: fiberboard or other approved..... . insulation shall be permitted in: all:.typea :of conatruction.on •top of -the roof. deck .. _. provided that such insulation is..properly:.secured-ao-the~roof_deck and,is covered with. an approved type of roofing applied-thereto and conforming to the fire zone requirements . _.. _ (b) Fastenings::.All.nails.-to.be.galvanized.or of.better.ruat.prevenbive .. quality except on aluminum rooting to be' aluminum; and on copper-to be of copper or copper alloy. (c) Replacement.of Damaged.Roofing:..:.Any.non-conforming-.roofing...... . damaged more than 50$.of.the area of;the:roof shall.not.be.reconetructed_and used as.before such.damage,:.b.ut:E.lesa:than;50.$damage.dit`.may.be.:reconstructed.or used-provided.that:a.huilding permit.is:iasued.and:-the:.work..done withinaix__...... . months. next succeeding the time.of :damage::::.Any.non-conforming xoofing:;that.is . to be.entirely replaced..ahall.be changed-_to.a-conforming use; and may not=there- after be changed to any non-conforming :roofing. _. .. ... . (d) Equipment: ,All tar heating. pota..or.kettles:ehall.be.'equippsd;_with... a !'Flash. Guard'!..or:the:other_device which.eliminates-the-fire..hazard:from heating.. and melting of .tar.,: pitch. or:asphalt:.:,All.tar.heating_kettles..ahall.be. an:approved .type. and shall.be.checked.byahe.Fire.Chief:.: Tar• pota.w:ill .he.placedao.inaure....... _ maximum safety during. operation ..: All tar. heating. pots. on kettles.not approved> moat • have .a fire. permit for. each. job.:.All open .tar pots or•-kettles muai be .mounted .on. steel,pipes or .blocke:....No.concxete brick;: or masonry.supports..are to-be..uaed..... No open tar.pota or kettle~.are..to..be used.,in;the.First:.Fire.Z:one.;:nor..tranap.orted v on. any public street:::All.tar-kettles,:when..beingaowed.or':.tranaported.on. any....... public street must be closed with covers adequate.to prevent epiiling or slopping of contents. (e) If shingles..are.of.a.corrosive type; rosin paper sha11 be used under metal in addition to underlay. ..., (.f) :Concrete and concrete mixture roofingsshall comply with Fire ,_.... : Underwriters and manufacturers specifications..: When:a.roof;is:constructed..using these:material~.and.is.regturedto.be:waterproof; the'installation'shallbe made .using acceptable materials and methods. (g) Dissimilar metals shall not be used in immediate contact in any roof construction. 706.7 FLASHINGS Valle s: Flashing at valleys shall not be less than. 36!' wade and for slate; cement Supp.•No, 4 -23.14- or clay the or.asbestoa shingles muat.be:a.minimum of .18.ounce_copper or.soft_ 28 gauge stainless steel. Flashing at valleys .for mineral. surfaced roll.roofing or. • asphlat shingles shall not be leas. than .two ;thicknesses of 85 lb .:mineral, surfaced ~ roll roofing. Bottom strip not less than i2" wide and the top strip not less than 18" wide. `• Drip Edge and Gravel. Stop: At all. eaves. and.gablea there shall be.installed a metal drip edge.etrip.of galvanized steel,: atainlese:steel, copper. or aluminum.. with a minimum overlap .of 2'!..On built.up tar. and gravel roofs there shall:also be a gravel stop of galvanized steel,.: atainlesaateel;.copper or aluminum:.with a minimum overlap of 2!! which: muat..be. soldered; lapped 4!1_and. set in mastic or have installed a minimum 5" cover plate of like material set in mastic. Intersections of Flat and Pitched Roofer . Whenever:flat.and. pitched roofs-meet or intersect, .a minimum flashing.not.lesa.than :12.'!. wide or 16 oz. copper or 28 gauge stainless steel shall be provided. . Roof and Wall and Parapet Intersections::,I£walls.are of:masonry.or masonry.. . veneer and felt flashinga are.used; cant. atripa.shall .be installed.. Base fleshings shall be a minimum.of 2-15 lb. asbestos:felta.or.:3-.15.1b. asphalt:.felta.aet.in....... plastic roof cement.as.permanufacturera..apecifications....Base:.flashing of.a6.oz. copper, or 26. gauge stainlesa.steel.shall be.uaed.under:clay. tile;.:cement tile, asbestos or elate shingles ..: If metal base flashing is used.,.na.cantstrip is required and it shall turn up 8" and.flange..onto .roof. 4!L... A„ metal: thru wall.. flashing, counter flaakung or, metal .stucco:atop. counter flashing. shall. be .used... . Counter flashing shall overlap. base. flashing a minimum of 411 and turn into masonry a minimum of 1 1/.1" with 1/4" turned up. If walls are of wood and, felt flaehinga.are.used;..cant: strip shall.be:installed.-.Base flashinga shall be.same. as..deacribed above.: Sf:metal base; flashing is..used., .no cant strip ie required... Metal base flashing shall turn up.8.!! underneath the........ exterior wall covering.._If finish is stucco and:felt base flashing is used, a metal stucco stop counter flashing shall be installed. All chimney and roof intersections shall be base flashed and counter flashed with metal . Crickets or saddle coveringa_ahall. be. of. metal, or when acceptable.to the Building Department may be of the same material ae -the roof. if parapet walla are covered with a minimum of 1-.15:1b:.asbestos,.felt or 2-15'lb. asphalt felts set in. plastic cement as per. manufacturers specifications , no counter flashing is required. 708 . B EXTERIOR GUTTERS AND: DOWNSPOUTS Exterior gutters and downspouts shall be constructed of a minimum of 1B ounce Supp. No. 4 -21.15- hard copper,. 26 gauge stainless.steel;.28.gauge.galvanized:eteel, .032: aluminum, or other materials as appro. ved.by the Building Inspector :.:.The size of the downspouts shall be 1 square inch for each 100 square feeb of roof area. 706.9 ROOF DRAINS AND INTERIOR LEADERS Where roof drains and interior leaders. are.carried..down inside. of.ahe building, the requirements of the.Plumbing-Code,for eize.and,material shall-be followed. Proper screens shall be placed at all roof drains to prevent stoppage of flow of water by debris. 706.1.0 ROOF OUTLETS AND OVERFLOW SCUPPERS Roof outlets shall be a minimum of 2 square inchea.:for. each i00_aquare feet of roof area, and overflow scuppers of.the.same ~ize.shall.be-provided.not.less than 2:inchea nor more ahan.4 inches above the:roof.deck.unless.the.:roof is.. ...... designed for water coaling', in which case the overflows>may be raised to provide for retaining the water. 708 .11 ROOF OR AIR CONDITSONING DRAINAGE .Any water from .the roof or air conditioning system.of.any.building.which.would flow-by gravity over any public..propenty:or.adjacent.private.propeaty.ahall_be carded by means. of conductors.under the sidewalk.and through.the. curb .to..the .gutter.. Pravided, however, that-if.astorm sewer.or:catch.basin.is.available.,. the. Director cf Public Services:may require.ahe waterao be..connected.by: means of conductors. to .the storm sewer or.catch.basin.:,..:.Condensate.drains. shall.... _....._. . Germinate in storm sewers,: dry wells .or.on,the...ground,_or:.wth:apecial.permission of the Director of Public Services it may terminate in the sanitary sewer. 714. COOLING TOWERS Add new paragraph . Positive provision shall he made :for adequate disposal of:bleed water,. overflow and maintenance drainage to-storm sewers,or properly.designed dry-wells._. .Allcooling towers shall. be sited or.constructed..to.prevent.any.nuisance.due.to spray., spatter, foaming, drainage or. excessive noise or: ,the; like.on.orao:any .. buil.ding,.walk, alley. oratreet;or.the.p.ublic..in..general:.-When:after._erection such nuisances are found in.the opinion .of.the..Director:of Public Services to. occur, abatement shall be commenced immediately and completed within ninety (80) days. Cooling Towers and air' conditioning units on roofs are required to be anchored Supp. No.. 4 -2L,16- dawn to withstand wind loads as specified in Section 1205 "Wind Loads," and `-- all anchors shall be attached to roof structural manbers through the roof with approved pitch pans. Mounting shall oonfoxm to the roofing irenufacturers recarnnendations and the Director of Public Services approval. 814.1 -Add to paragraph (a) the following: Cooking Equipment: Grease Filters (Type AKUS) as listed by Underwriters Laboratories, Inc. shall be used. Amendment Note: Section 2 of Ordinance No. 13-73, from c i ove ant requiring Grease Filters (Type ARUS) was derived, stated such requiranent shall take effect immediately for all future restaurant building permits and shall apply to all existing restaurants as of July 1, 1974. 819.7 PLENUM CI-TArIDERS AND AIR DUCTS Change last portion of last sentence to read as follaas: NFPA 90B-1968, and to the Design and Installation Manuals of the National Environmental Systems Contractors Association. 829.2 FIRE PROTECTION • (d) Add after the words, "insulating material," the following: "or U. L. approved fibrous glass ducts with one (1) inch wall thiclmess." 829.3 (e) Change as follaas: Public corridors shall not be used as a supply or a return plenum in hotels, multi-family residences and institional occupancies. 824.3 (g) Change NFPA 90B-1965 to NFPA 90B-1968, and delete last pardon of paragraph "except as otherwise provided herein." 826 CODE STANDARDS in every case where no specific type or class of material, cr no specified standard of construction is prescribed by the Statutes of the State of Florida, or the regulations issued under the authority of .the Building Section of the Building Code or by this Code, then conformity with the standards and regula- tions listed belay shall be lima facie evidence of conformity with the latest editicm of the approval standards of construction for safety to health, life and property: (a) USA B9 1 USA Standards Institute Safety Code for Mechanical Refrigeration. (b) USA Z95 1 USA Standards Institute for the Installation of Oil Burning Frn~i FillPSlt. (c) NFPA Standard No. 90-A for the installation of Air Conditioning and Ventilating • Systems of other than Residence type as recartrended and published by the National Fire Protection Association. REV 12/31/73 -21.17- ~~ (d) NFPA Standard No. 90-B for the installation of Residence type Waxen Air Heating ar~d Air Conditioning Systems, as recarmended and published by the National Fire Protection Association. (e) A.S.M.E. Boiler and Pressure Vessel Code, Section iV covering Heating Boilers as xe~rt~ended and published by the American Society of Mechanical Engineers. 828 ADDITIGNAL STANDA1mS 828.1 SERVICE ACCESSIBILTTY (a) All equipment in attics or concealed spaces shall be accessible. Access hatches, walkways and lights shall be provided. (b) Where equipment is mounted on roofs, it shall be readily accessible. 828.2 UNIT SUPPORTS AND ANCF~RS A7.1 Prn,;pment shall be supported prcoperly on adequate structural supports. Cooling tokens and air conditioning units are required to be anchored down to withstand wind loads as specified in Section 1205 "Wind Loads" and all roof anchors shall be attached to roof structural manbers through the roof with approved pitch pans. D7ounting shall conform to the roofing manufacturer's reca:mendations and the Director of Public Services approval. • 828.3 C(R~IDFNSATE DRAIN LIIdE.S (a) Main condensate drain lines shall be installed using approved materials, .,~ not less than 3/4" I.D., properly sloped for drainage and containing only one trap. PVC schedule 90 plastic pipe shall be an acceptable material. (b) An external drain pan made of suitable material, at least 1 1/2" deep and 9" larger in each dimension than the unit it serves, together with an eme~~gency condensate drain line, shall be installed to catch overflow condensate water on any cooling coils installed above any ceiling. The arergmcy drain lines shall be at least 1/2" I.D. and xvn to the exterior of the building. If the emergency drain line is terminated to the exterior of a building it shall be placed where the overflow will be oonspicucus. (c) Condensate drains shall fermi-Hate in storm sewers, dry wells, or on the ground, or with special pernussion of the Director of Public Services, it may texmin8te in the sanitary sewer. (d) Condensate drains shall Vent to atmosphere, preferably at roof level, on multiple story buildings where two or more air handling units are connected to a cccmm~ condensate riser. Multiple air handling units in one equipment roan need not be Vented. (e) Condensate drain lires shall be insulated to prevent dripping. 828.4 AIR CQ9DITICfIII4G DRAINAGE ' Any water fmn air conditioning system of any building which would flow by gravity over any public property or adjacent private property shall be cai-Tied by means of conductors under the sidewalk and through the curb to the gutter. REV 12/31/73 -21.18- Provided, however, that if a storm sewer or catch basin ie. available; .the.._ .., . . Director of Public Servicea.:~ay require.She:air..conditioning.syatem: waste: water to be connected by means of a conductor to the'atorm sewer or catch basin. 828.5 . COOLING TOWERS Positive provision shall be .made.for.adequate:disposal of bleed: water;.overflow and maintenance drainage. to storm sewers. or properly designed dry<we11s...All.... cooling.tower~ ahall.beaited or constructed.to.prevent.any nuisance .due.to..spray, spatter,- foaming.;. drainage. or excessive. noiae_or the .like. on_orao. any. building.,.. _..... walk, alley or.etreet,.or. the public in, general:..::When'.after erection.such.nuisancea are found in the opinion ofahe Director of.Public Services .to.occur;. abatement shall be commenced immediately and completed within ninety :(90) days. Cooling Towers and air conditioning.unita. are required .to be.anchored.:down..to . . withstand wind loads as specified in.Sectiona2U5 !!Wind.Loads'!.:: All.roof anchors shall be attached to. roof:atructural membera..:through the roof .with.approved......._ pitch pans . Roof mounting. shall conform to .the .roofing manufacturers recommend- ations and the Director of Public Services approval. 1103, 2 . MINIMUM NUMBER, OF. EXITS .... -. Delete existing paragraph (c) and substitute She following: (c) There shall be.not.less.than_two {2) .exita.aerving every floor area,. except that in the. following.cases.there.may.be.acce~s.to:one. (1) .ext.provided..... • such exit ie enclosed by.conatruction.as, specified in Section 3108; but affording in no case less than one-hour fire resistance: -Where one exit is permitted: In Group A, Multiple Family. Residential.buildings..having.no floor....... . over three thousand five hundred. (3,500). aq.: ft... in .area;:.oE.Type.:.LFireproof or of .Type 11 Fire-Resistive construction; or. of.other.:types of construction....... . provided not over two storiea:in height:. Maximum distances of:.travel.to reach an exit from the entrance door to any living unit shall not exceed 30-feet. 1118 (c) FIRE ESCAPES All openinga.located.:within six (8)-feet_of.exterior:stairways:.or.fire.escapes:.shall be protested with approved self-closing fire doors or approved fire windows. 1117.1 DOORWAY, .GENERAL . Delete existing 1117.1 (i) and substitute the following: (i) Locks, if. provided;.ahall not require.any.keyto..operate from the inside, except as may be required for mental and penal institutions. Supp. No. 4 -21.19- ..1203, 2 _ ROOF LIVE LOADS Where the>riae is.lessahan.thirty degrees.; roofs shall be..deaigned:for..a.vertical ..:live .load .of.not.less .than :thirty: pound~..per. square<foob.of .horizontal..projection .. applied.to..any and.all slopes.; :when the-:riae is greater than whir-ty degrees; the roof shall be designed for wind loan only. _.. .1205 . L : MINIMUM.DESIGN. LOADS_.... ..... ....... . ...._ Change first line in chart under "For Southern- Coastal. Region" Prom 25 to 30. 1205,5 SIGNS Delete . 1302.6 TIMBER FOOTINGS... . .Delete and substitute the following: 1302.6 _ FOUNDATION: MINIMUMS ..For frame buildings, conatructed.on.solid:original.gronnd.,::concrete piers..and ....... footinge.or poured concrete footings.with.masonry..:(solid ox-..concrete filled).. piers for.interior.aupporta:may: be. used; .or if.preferred;,continnous.masonry. and... .concrete .footings .and, foundations constructed as shown in Table of Minimum . Allowable Dimensions. • :FOUNDATION WALLS AND FOOTINGS • Supp. No_ 4 ~, All exterior foundations shall form continuous: walla;. footinga.shaIl .be .at.least .411 wider on each side than the. walls next. above.them.:.::.When. concrete.:blocks are .. used.for foundation..walls.in:frame.buildings;::footings..:and:reinforcing:ateel.are_.. required as in. Table of:.Minimum:.Allowable. Dimenaione_herein.,.;Blocka. shall be.. bonded with 8!' thick.cap..extending.:full.width..of:blocks.reinforced.with_2._No....3 xeinforcing bars ..:Anchor.bolta shall _extend:through.blocka...to the.:footing>steel... ..Hollow unite shall be.filled with.groutin:cells..:containingaheae.:anohor.bolts: For all other .types of buildings ; footings and foundations shall be as follows: All exterior walls and.interior. bearing..wallashall be supported on..continuous masonry.or .reinforced. concrete .walls.. or footings aa.liated in :the, followingaable.... . and.must be. of.sufficientsiza and'strength #o safely support-the loads imposed as determined by the character of -the soil. -21.,20- • _.. MINIMUM- ALLOWABLE DIMENSION.. FOUNDATIG~N WALLS .AND' FOOTINGS Continuous ...... .... ........ .:. -- Steel. Thicknesa.Bottom Height -. >Min..Depth:Below,Finish:..Rods Min.: 3" Width ..... Finish:grade to<top of- clear from " footing°#°° bottom Frame 2-story 8" 18" lU" 6" Frame . 1-story 8## 16 8 6 Masonry 2-story 8*°'° 2U lU 6 Masonry 1-story 8'k°" 18 10 6 3-No.4# 2-No . 4 3-No . 5 ~` 3-No. 4# * One rod in top of footing.... . . *"` 6" if or reinforced concrete poured monolithic.with.footings......... **° 12" to provide ledge for joist bearing where other than slab floors on grade are used.. . _#~`* .Top of footing shall not be above top of natural or compacted grade. For buildings.over one story high;.the:minimum.footing..thicknesa..under:isolated ::piers. and columns or:.poata shall.be..l2:inches;:.; The.:above.minimum sizes.apply for soil bearing. values :of 250U pounds per.~quare.foot_or..greater.:: F.oraesser soil bearing.values_or for.excesaive.building loads she foundations shalb be properly designed to suit the particular conditions. .. _ .. .. :Properly designed footings proportioned.to loada.and with.specified-.minimum grades.. may,.be.substituted: for_theae minimum.footinga~..when.bearing.the seal: of a registered architect or engineer or subject to the approval of the: Building. Official. _. .. _. .. When soil conditions. require.ahe._uae:of.grade.beams_on::piling..or.spread:footings... arminimum.outside finish. grade:of .4:inchea.:above.:the.bottom..of ahe.:.concrete.:grade. beams..shall.be required.:.: Where monolithic slab_foundations.are.used';ahey shall... be .a minimum .of.14'!..deep from she. top.: ofahe slap.,to_bottom,of:footing. anda:minimum .outside finish grade. of 8". above the bottom:.of:.theahckenedalab. shall:be xequired. unlesa,a.probable ground..erosion.condition exists at the discretion-of the Building .Official,- more than 8" may be required. 3402.6. PLAIN. CONCRETE ...... Delete existing section and substitute the following: Cast-in-place concrete construction reinforced only for shrinkage or temperature Supp. No. 4 -2.1.21- changes. shall be classified as plain concrete:. Plain. concrete,,:.otherthan.fill, . shall conform to •the requiremPnta for reinforced concrete .and. have: a minimum ultimate.compreasive strength.at 28.days of.2500:.pounds.per square:inch ..All .concrete. used for footings ; columns., .beama.:and slabs must have a.minimum ....- ~~ ultimate.compresaivestrength at 28 days.of 2500,pounda per. square inch .Slabs on.ground or..fill.ahall.be. a:minimum.of 4 inches:thickness., muat.be.reinforced...-._ with.a.minimum of 6 x 6x.10/l0 welded.wire.meshaapped 6:inchea or: its equivalent in reinforcement. Make adequate provisions for waterproofing slabs on grade in all structures. 1404.5 HOLLOW UNITS (a) The minimum thickness of exterior walls of hollowmasonry shall be•eight (8).inches. Masonry=walls (including .walls. of plaim concrete) ahallbe supported at.such intervals that the wall panel .within.the..vertical.and:.horizontal.supporta..ahall.....__.. not .exceed 258 square .feet. in area,:. provided. howaver.ahat. for.solid. masonry walla the. distance between vertical ~upport~.ahall..in no.case.exceed.20 feet.; .and for.... hollow walla of masonry or walls of hollowmasonry units such distance shall not exceed 16 feet. (b) Such vertical and.horizontal.aupport.ehall.be.obtained.by reinforced concrete -columns. at all. corners. and . at :interval~.as . specified..above.;. and_by reinforced. concrete tie beams .below each:.tier; of: floor,.or ceiling..joists. and..on _.. . tope.of all walls to form a coping.:.:In.one-story reaidentialbuildings.ahe corner columna..may be omitted:. For non-load. bearing..exterior.walla in. one story...... ~,, residential buildings columns are.not.required.provided.the.wall..panel within. . the. closest.vertical.and horizontal supports.:ahall not exceed.256..square:feet.in......... area,. and in .which case. the..columns in she Goad, bearing,.walls. shall be aocated. not greater than six d8). feet from corners and thereafter at spacings as specified in paragraph (a) above. _. (c) Reinforced concrete columns. apecified_in.:(b): shall.be. not. smaller... than: 8. x .12 inches.and.have. not.lesa than four..5/8.inch reinfoxcing..roda.with,_., 1 /flinch- ties spaced.l2. inches .apart.,..:.All..column..reinforcing.: steel. shall .extend into. tie beams.and .footings. a minimum:of.tlurty.: (3.OJ :diameters. or. shall. have....._ ... . .connections designed to develop the full strength of-the column reinforcing steel. (d) Reinforced.concrete:.tie.beams specified,in...(b)..aha3l.be.notsmaller than S x..12 inches., and have notaeas.than~four..(4)= 5/8.inch.reinforcing mda., two. at the. top and two at the bottom.: Minimum lap of steel shall be thirty (30) diameters . (e) Reinforced-concrete coping beams specified-in. (b) .on.walls.up.to..., four. (4) feet;high shall.be. notaeas.than..aix. (.BJ, inches.thick.and.notaesa than 48.aquare.inches.in,.cross. section..and.ehall.have.not aess:~thanaw.e:(2):. 1/2 inch reinforcing- rode, Such beams shall be anchored to the'tie beam immediately • Supp.• No. 4 -21.22- underneath with reinforced concrete:atruta.not smaller.than 8.x,12 inches having not leas than four.(4). 1/2 inch. reinforcing rods.and..placed oneatrut.over.each, column. Coping beams shall be installed along the top of the rakes of the gables. (f) Masonry walls shall be.thoroughly bonded and..anchored,at_points. where they intersect and where they .abut or join the reinforced concrete or fireproofed steel framework of a building. (g) .Piers and buttresaea.relied.on.for.:lateral.s.upport..eha11 have sufficient strength and .stability to.tranafer :the wind:: forces, to..:the_ground...;..When:w~lls are dependent upon floors for theiraateral .support.,: provisiona..ahall be.made in the building to transfer the lateral force resisted by allfloor~ to the ground. (h) Mortar used.in masonry.construction.~hall.be.:cement.mortar.or. cement lime mortar, provided.that>foundation walls; rubble stone walls; and isolated piers shall be laid in cement mortar only. (i) Where columns carry concentrated loads and are more than one story high; the minimum size shall be 12" x 12". (j) In one story reaidencea.only.,:.8.!! x 38".fllled.column.block.maybe.uaed in lieu of poured concrete columna.with.two:.No..5 (5/8!` diameter) reinforcing.. rode.securely positioned by means of metal.tiea or spacers;:: Filled blocks.ehall, not be used.for.any.beam or•lintel.over.eight:{,8):feet in.height.,.In.using:filled building blocks for columns or lintels..:the:block:must..beahoroughdy:.wet..down... immediately prior.to pouring..: Pea-rock..aggregate _containing:maximum:size .rock of.3/8" moat be used, with a minimum.:concretestrength.of:2.500 lbs.per. square...... `~.,, .inch. at 28 days. All filled building.blocks..moat.be.thoroughly.rodded.when.being .poured to prevent.voida in.the.pour.:.Ttie.outside..of.bottom.block.of.columns must be broken out prior to pouring to facilitate clean out 'and inspection. (k) Above minimums: may be .waived .when the structure. is designed, by. a . . registered architect or engineer; subject to the approval of ;the Building Official. (1) Where.hollowmasonry-units.bear-.ona.concrete.surface.;..an.:effective. water stop, as approved.by the:.Building:Official, shall be provided to prevent water entering the interior of the structure. 1405 LATERAL SUPPORT .. _ .: .. Delete only such parts as are in conflict with this addendum. 1408.2 ROOF ANCHORAGE . Delete existing paragraph (a). and (b) and substitute the following: (a) Roof anchorage.shall.be.provided.with.:1/2!!,x..30",bolts.;: four.:(.4) feet 0'! o.c. with a 2" x 6" minimum plate or with approved joist or truss anchors without the plate. • . Supp. No. 4 -21~.23- d409:.2.:CHASES ., Add paragraph {d) (d) • Soil lines larger.than.~three.:{3)•inches.dneide diameter shall nob be ~ ~ permitted in minimum size exterior perimeter beams . 1414.4 MASONRY. VENEER ON WOOD OR STEEL:.FRAMING : Delete existing Section and enbstitute the following: . Except as.provided..elsewhere..in thie.'section,:.masonry-.veneer applied-to .wood.or steel.framing shall.be. anchored::to.She::structural:framing:.members:.by..approved ::non-ferrous metal. ties. or.40:d.galvanized..nails:at:ntervals.of.not:.more.than sixteen (16) inches vertically and twenty-four•(24) inches horizontally. _. . __ .. Masonry.veneer.on framed.walla..shall.be.supported.upon:foundation~.except.that such veneer. attachedao-.eteei framing may..be supported .upon other. approved ...... . non-combustible. supports.:.. Masonry.veneer.over:.wood :frame.exterior:_walls.shall. provide.:aminimum.3/4.inch.air.apace>. ..The:wood.shallbe covered with a water- proof membrane of 30 pound felt or: its equivalent. _... _ _ The bottom course. of masonry-ehall..be.ataeast four.,(.4) inches_below;:wood•sills.. . :(sole glatee):with.adequate~.weep_holes..provided..(minimum:3/8'~..every 15':lineal. -length of.exterior:wall):, Weep.holee_musb.be.above..fmish.grade+_line:..:.Masonry...... .veneer. extending below finish..grade•.line:must besolidly.:joined.-to. the.foundation wall, so as to prevent undergrade voids that encourage hidden-termite entrance. • 1701.4 MUD SILLS -Delete 1702.2 ~ UNEXCAVATED SPACES When .wood joists or.the.bottom:of.woodstructural floors_.without:joiats are::cloaer -..than_18:inches;. or. wood. girders..are..closer.ahan r12:incheaao. exposed :ground located: within .the periphery of.the.building.over..crawl.space:or..unexcavated area, whey.ahall.be apprAVed,..wood..or..natural.decay:.resistance..;-or_preasure.treated . . wood..In no case.aha3l.;theae;treated mem~er~.have;leas than six (6) inches of clearance between the joist and the ground below. 1705.1 SILLS_ ON:FOUNDATIONS.............. ......... ........_ :Delete existing Section and substitute the •following: All masonry: shall be: finished ao .provide.,a arue..and even<.bearing-surface: for -._ _.. wooden atructuralmembexa...Such.atru,cturalmembere,shall.be.securely fastened to the masonry or concrete hearang::surface. in •the::following: manner:..... _ _ ._ ,All sills endplates:in..all..buildinga.ehallbe.bolted:.with.notleas..-than.one~half (i/2) inch diameter bolts; corrosion resistant;:of'alsngth to provide a minimum Supp. No. 4 -21.24- six (6") inch embedment in the masonry or.concrete..and.spaced.not~more.than ... four.. (4)_feet apart.- There.shall. be one. auch..bolt in.addition at each..corner or offset.in the.wall. ,Alternate :aethoda.of.equal..attachment.may. be.uaed:when...... supported by proper engineering documentation.and.approved-by.the..Building Official: In exterior:frame.wall.conatruction,:where:foundation:.walla..are..not__ _..... ~•. poured monolithic with. the.footings,..bolta:must.extend through..the. walls. and into.. . she footings, regardless of:whether.the..walls.are solid.:.:.One.half inch;ateel.dowels extending. from .the footing. and. adequatelyaapping ahe...bolta are. construed .as ... complying..with.ths. requirements .of this. Section ::.'If .hollow walls .are: used ;..the... cell .in which the dowels.are..lncated=must be solidly.filled.with.concrete or.grout. .All .foundation. sills. shall be of approved pressure treated wood for protection against decay and termites. 17U6.1 EXTERIOR WALL. FRAMING._ . Delete existing paragraph (b) and substitute the following: (b) Studs in all exterior walls or in any bearing partitions shall be spaced not more than 16" o.c. 1706.2 : BRACINGOF: EXTERIOR STUD WALLS....... _ Add to paragraph .(d2) !'Plywood must be bonded with exterior glue." • 1706,5 INTERIOR BEARING PARTITIONS ... . . Delete existing paragraph (b)' axrd substitute the-following: (b) Studs in all bearing partitions shall be spaced nob more than :16°! o.c. 1706.7 ~ EXTERIOR WALL COVERINGS.... . ~~d.*~ Add "Approved.aheathing.shall.be.used-.whenevenahe.wall.covering conaiata.of.._. wood. shingle or shakes or asbestos shingles; stucco or hardboard-Mesa :than 3/6" in thickness. 1707.4 ROOF SHEATHING......... _... .. . . Correct under_(a): Plywood. reference table number-to S7U5.6A and add !'Plywood must be bonded with exterior glue." 1707, 6 ;ANCHORAGE: OF ROOF_.FRAMING~ TO WALLS Add-to existing paragraph the-following: . All :wood roof:member~. shall be _securely. fastened.to._the :exterior,:.walls.:with...~ approved hurricane, anchora..or. clips.::..Show..rafters :ia:eave::overhanga.must.be . extended inside of.ahe supporting.members approximately:.ths_same:rliatance.as.._ the .cantilever extende.outside; and must be securely fastened to cats cut between the main roof framing. _ .. ._ :.Table 3705.6A - Add.:'In. no case. shall any roof sheathing be less than 5/6'! {30/12 plywood), at more than 16" o.c. • Supp. No. 4 -21.25- 2882.1 : TOILET FACILITIES: Add: .In:officea; stores, warehouses.or.ahopa.of. not more.•than.2,000 s.quare;feet.in.area--and/or: where.the.number of.employees ie.8_or;less.; one :(1):aoilet 'acility.ahall be.deemed.sufficient.regardlesa of the_. sex-of ahe .employeea..at ahe- discretion of :the:.Director. oE.Public.Services . =.All..... i parlcingaots or.diaplay..areas: where any employees: are..employed.on.premises,..... toilet..facilitie~:must also_be provided subject-to modification or reduction by the : Director of Public Services. 22U1.3:. Delete existing section and substitute the following: 2281.3 :.REGULATION&.GOVERING METAL: AND CLOTH: COVERED CANOPIES AND CLOTH: AND MOVABLE METAL AWNINGS 1; -Definitions (a) : Awnin : 'The:word "AWNING!' ahail mean.any,cloth.or plasticized::cloth or: metal on . a .frame. supported..entirely..by: a.building:.and..designed. and intended to be .used . to shelter- a:window. or .door::from the sun ,>.weather. or. visions ., A........ _ . _... stationary awning. is an. awning on a rigid frame which.nannot..be.railed.or.aowered.. • , A. movable awning is.an awning: on a,folding.frame;.which.may..be:raised-or lowered by-means of ropes,• pulleys;.rallera.,:hingea ar. other mechanical. devices.. ,.A...._.. ... • movable .awning: may have collapsible:metal.columna. and=must: be able to be closed and secured against a wall during a hurricane warning or alert. _. (b) Cano :..:The word !'CANOPY!',.ehail-means metal;::.a.detachable. cloth. or. plasticized elothcover.on a:rgid:frame.:designed_and intended.to-be.used.:as.a. . protection against 3he.sun,:weather.or,viaion; provided.how.ever:4hat.suchaerms . ~, as.herein. and. hereafter used shall not apply to any umbrella having-a diameter of less than sixteen (16') feet. __ .. _ (c) Umbrella:Erame-Canopy:....The:termllUMBRELLA.FRAME;_CANOP.Y!`.~hall mean any canopy having a:diameter of sixteen (16!)• feet or more; and supported by only one. central standard . (d) : V alance:.:. The:.word !' VALANCE!4. ahall<mean. any.:: cloth: or•.plasticized cloth below the lowesbframing member of a stationary or:movable frame. 2: Permit Required:: No permit. shall-be:required for..any_:cloth.awning.designed . to.be.and.used.upon private.:residential_property.;:.on•for:ahe_renewal..or.repair. of any cloth cover. of ,any canopy.or.awning::.Such:plana.:and..drawnge..as: may.be.. deemed necessary. to fully advise and.acquaint,ahe..Building:Depaxtment:with.the. _ location,. method. of:attachment,:.conatruction.; and.:material .of .the.installation_and. the.power .meter location. and .drop .ehail accompany the application and shall be subject to review of the Building. Of5cial. 3a .Approval-Procedure: Master:plane shalL.be..anbmitted in .duplicate.;;along... .. . with complete calculationa.and.details.of:all:structural.membera.and..connections,... and shall be designed by an Engineer or: Architect-who is registered in the State • :. Supp.• No. 4 -21.28- of Florida. • All.design.calculations, details;; plana.and.specificationa. shall.bear his..seal.andsignature:on.ea h.sheet::.If:auch:master-pl~na,meet,:the.miaimum..-.. • design,requirements,ofthis..Code;.the•.Building.Official.~hall.isaue:in:.wrating.an-.-.- approval letter and plan within twenty-one (21) days of the date of receipt of such plan. . Any member or members; component~,.or. assembliea.ahalL be-.teated:at;ihe requeat.of the Building..Official....Coat of:all.teata.shail.be: at .the.expenae<.of.the contractor: A detail of the teat procedure will be required prior to conducting any test, 4: Design• Standards:. (a) When wooden or-metal headrods.are.used;to:faeten..awnings.or .............. canopies. to face .of.building-with. expansion_holts or.expansion~.fittings.; fibre or metal shields-may be used but in no case will>wood plugs be permitted. _. (b) -The: clothpart:ofcanopiee:amdratationary-awnings:.musi.be.securely....... laced;. tied or otherwise securely.fastened..to .the metal frame.;. and is no case shall roller curtains be used to cover the roofs of stationary. frames. {c) Canvas awnings and_canopiea:may not.be. encloaed:with.any:material other than a.valance not:more.than eighteen=(18!!)•.inchea:ix~. vertical.depth._._.-.... ...Canopies having sidewalla ox.ualances greaterthan-eighteen. (38") inches:of any • material shall be class-ified ae a tent. ~~~ (d) Canvas may-be.inatalled in.auch:manner •that it will release from the frame with a wind load of 10# per square foot. (e) All movable metal awnings• must be designed to be secured against the wall of the building. (f) .All structural members. of.canopies; ~.stationary..awnings.-or movable . awnings in closed: poaition.ahall.be. designed to:resist.5.0.tk per square •fooblive load across the entire surface of the awning or canopy (g) .All movable..awnings must be-closed and secured to the wall during a hurricane warning or alert. _. (h) • Other design. requirement~ao be as per-other applicable sections of .this Code where n©t in conflict. 5; -Construction Over, Public: Property:..,.No canopy or.awning.shall,be.erected,. conatructed.or:maintained over sidewalks or other public ways owned or•main- tained by said Village. • No. 4 -2.1,2.7- Supp 6 , No Repairs- Unless, Frames* Comply:. No cover,of any canopy or awning. shall be repaired.or replaced unless and until the frame thereof shall be made to comply with the requirements of :his Section. 7. Setbacks and Yards. Canopi.ea are structures and shall. meet.allaetbacks as required for any other structures. Awnings without collapsible.columns.are . excepted from the side and rear yard provisions of .the Zoning Code, but must be no leas than twelve (12") inches from the lot line in its normal open position. 8. Certain Ordinances and Regulations Made Inapplicable to Canopies and Awnin s: .All ordi:,ancea and parts of.ordinances and rulea.and regulatrons predicated upon Fire Zones and hereby made and declared.to be inapplicable to any canapy or awning constructed., erected or maintained ir. accordance with the provisions of this Section and Section.3G1 of the. Building Code of said Village are also declared inapplicable to such canopies and awnings, 8. Uae: Canvas. awnings and canopies may not be used.for public garages, retail or wholesale or general storage of combustible materials or goods.paclsedin combustible materials. `demporary.drop curtains may be used only in conjunction with canopies if used to protect customers .from sun, rain or weather for small cafes or roadside vegetable or fruit stands. 'L301 Delete Chapter XX1II -SIGNS t1ND OUTDOOR DISPLAYS (See Sign Code) Chapter. XXV • Section 2504 ~„ay Change existing paragraph (c) to paragraph (d) and rewrite paragraph (c) as follows: (c) The Building Department may appoint for the. Village; one or more Registered Professional Architects and/or Engineers authorized. to practice in the State of E'lorida, whose principal occupation is structural engineering, any one of whom sha)1 be selected by the Building Department to examine master plans.. of any prefabricated construction for conformance with this ode, and .this Engineer and%or Architect shall issue, in writing, to the. Director of PublicServices.a.. recommendation of approval or disapprov.al.on the plan presented, within.fifteen_ (15) days of the date of receipt of such plan.. The.examiring architect or. engineer shall, in the event of an.unfavorable recommendation., .provide a.list of discrepancies or omissions which shall include all apparent to him at the time of the initial examination. ' A $100,tninimum initial..fee for the. examination-of the master plan shall be provided by the applicant at the time. of application., and shall be conaider.ed. as a necessary part thereof:. However,.if the. fee exceeds.$100,. the full cost must be ' paid by the applicant prior to informing him of the report. Re-submission after Supp, No. 4 ~~a" -21.28- ~'• unfavorable recommendations will not require .an.additional initial examination fee to be provided by the applicant., but.tlxe applicant shall be.required.ao pay:..... . any additional fees charged by the architect or engineer, prior to each necessary report. In the event an application far an.ixstallation or .construction permit.is... based on a previously approved ffaster plan, unrevised reprints of the master.. plan shall accompany each application fur permit, for the purpose of providing...... the Building Department with rueans for comp;~rison, and.as.an aid_to.identification; each application of this type shall be accompanied.by the plot plan of the.intended ,location and the necessary fee: The structs,:ses shall be required to meet the setbacks otherwise established. 2507 ALUMINUM SCREI3N ENC1.C)ul?k1kiS (a) Definition: A unit framed with ai:euc9,u~^aI aluminum,.having screened.walls or walls and roof erected on a concrete founilatiorx whose primary function is to provide protection from insects: (b) General: 1 . Permit: A permit must i;~ ohtained for all screen enclosures.. Such plans and drawings as may be deemed necessary to fully advise and acqualnt.the .Building Department with the location, method of attachment, construction,. aztd . material of the installation.and the po~a~er meter location and drop.ahall accompany the application and shall be subject to review of".the Director of Public Services< 2 . Approval Procedure: Screen enclosure design. need .not meet .the. requirement of.Section 2504, however, master plans.shall be submitted.in duplicate, . .along with complete calculations ae:d alloy identification and..details of. all structural. members and connertiot:y, an3 shall be designed by an Frgirteer regkstered.in the State of Florida. All design calculatic:;s, details, plena aai~f.apecificationa.shall . bear his seal and signature on ea::h sheet. If s:ach master plena-meet the minimum design requirements of this Code, the Director of .Public Services.ahall isaue.in writing as approval letter and plaza within twenty-one (21) days of the date of receipt of such plan. Any member or mem[.~Ears, canpo eut:>, or assemblies sk;al! be tested at the request of the Director of f~ublic Services, i:osi of a!2 tests shall be at the expense of the contractor- A detail of tk:e test i:procedure will Fns required prwr to conduct- ing any test. Screen enclosures are st•:::_ctures and sl:al! meet all setbacks required for any other structure. ic) Structural Design 1. Foundation. (a) 'Phe mir,:raunrrno:a:;i.?ht: k~e~ting shall be ti"x12" with two (2) #4 steel reinf'orLrng bars. (b) Exterior walls of ail scrier czc:closures shall be set back Supp. No. 4 -Z1.LO- a minin;urn of"~"° from edge of slab. 'l.. Anchors a^.d Connections:. (a) itnrhors used to fasten .the screen enclosure to the slab. . . shall bas tcsled F;y a recognized testing.laboratory and such test results furrrished to the f3atilding Uepartrnert.. Maximum allowable hotding power fur' each anchor. . ahaJl be based or: tPre test results..with a.safety factor cf 2.25. Only rust resistant approve:! anchor halts shall be.uaed on all. structural ronneetions, . fb1 APP connections shall be.designed for positi•>e fast~nir;g with a minimc:rct sntety factor of 2.25, Rivets or bolts shall be used on all structural cornectr,~ne . (._) ::ateraP support shall be by self staa°dng c:otumns ar calumns tt•ttft Yrrat.ci; r:,actr~ o[ ccamb;nation compression, and Ce¢;sion members, 4ables wiA ¢;ot t:e .:crsl;~afa]<~ :rs reyuie•ed structural supports. td! i'o;,tY:~osite section will aaly be figured as 33t1'a of utat stress ::nt, ::crc,posaie sccY¢on. {ei A ¢.,sccaunam facia of 2 ir¢ch n¢aerial prnperP~° anchored to the rafter ~r,:?a, si'.:+P1 t,e :ey~,raz°ed to support a screen ea,e:osure. 1. kr.rce:rin~{: -1i1 ~ecr'er: ¢,g shall be a mi¢;imcut ul'ti~J';. ur' more apeu ana shall be i,.stsiYi,tr; ar, s+,ch rr<¢,,:;er that. it will release from the f:°ame with a loading of lOt1 !ter s:i~_.;er_ i.~ot. X11^ str~.:a;t=.;ra; u:embc.rs shall he desagned tc resrst :Stf# 1>er s~Zrtare jr=ot hcr:2o,.uar,ve. Puad or, tlae screen. PYat roof of a screen er:caosure eshould be dez;¢gare.i !c;r t.'f per scluare toot vertical live !tract, . Detlect.Pcn shall be llmitecl to • L:iFiU v.~aP: ;ci,:za ~:nr rr~~uvery of 90°s "'L'°° being the uistaace betaeeen supports, `r. <:nl:t:.r acsrgt; reyaireraenks to be as per outer apple+~atile sections ~"' of thtr: ~::-c,.° :~ czere !,o. s,>. conflict, -21.so- :,~tpp. No. •i Art. III APPEARANCE CODE Sec. 8-21. CITED---This Article, including any regulation hereafter adopted, _ shall hereafter be known, cited sad referred to ae the "Appearance Code." Sec. 8-22. INTENT AND PT.JRPOSF,$---This Appearance Code is adopted, for the following purposes: (1) Te promote the public health. safety, morals, comfort and general welfare of the citizens of She village. (2) , To enhance the values of property throughout the village. (3) To protect and to stabilize the general appearance of buildings, structures, landscaping and open areas, in the multiple dwelling, commercial and public zoning districts of the village. (4) To insure adequate light, air and privacy for property is the multiple dwelling, commerdal and public zoning districts of the village. (5) To encourage and promote acceptability, attractiveaeee, coheaive- aeee sad compatibility of new buildings,..ievelopmente, remodeling sad additions eo as to maintain and improve the established standards of property values • within the multiple dwelling, commercial and public zoning districts of the village . `~ 8-23. APPEARANCE BOARD---CREATION AND ie hereby created an Appearance Board, to ceneist of ffve members appointed by the village council. The initial appointments of members of the bonrd.ahall be for the f®llowing respective forme:. two for one year; three for two years. Thereafter, all appointments shall.be fora.term of.two years. Two alternate members shall be appointed by the Village. council sad may sit aa. members. whenever the chairman of the board. is advised er learns that one or two. regular members will be unable to attend its meetings. Alternates will be designated ae First Alternate and Second Alternate by the village council. Alternate members will Supp. No. 4 -22- be appointed for a one year term. Sec. 6-24. SAME°--QUALIFICATIONS---All members shall be residents of the village and shall serve without compensation. At least two members shall be registered architects in the State of Florida. One member of the board shall be the owner and operator of a business or an officer and manager of a corporation owning commercial or multiple dwelling property in the village. In making appointments to the boazd, the council shall seek to appoint as members persons who are recognized as expert in matters of aesthetic judgment by virtue of training, education and experience (such as registered architects, landscape architects, real estate appraisers and land planners) and possess qualities of impartiality and broad judgment. No member of the board shall participate in discussions or vote on requests for a Certificate of Appropriateness from any client he is serving or from any business with which he is directly or indirect- ly connected. Sec. 6-25. SAME---CHAIRMAN---The board shall appoint one of the members to serve as Chairman, one member to serve as Vice-Chairman and the Building Official shall provide a village employee to serve as Secretary to the Board. Sec. 6-26. SAME---VACANCIES---Vacancies on the board shall be filled for • the unexpired term of the member whose place has become vacant in the same manner in which original appointments are required to be made, ~....+' Sec 6-27 SAME---MEETINGS; QUORUM; RECORDS---Meetings of the board shall be held at the.-call of the Chairman, and shall be called whenever an application for a Certificate of Appropriateness is submitted for consid- eration. Three members shall constitute a quorum. The Chairman shall be entitled to be counted in determining a quorum and to vote as a member. All meetings shall be open to the public and held on -village owned property. The board shall keep minutes of its proceedings and shall keep records of its examinations and other official action. The board may adopt its own rules of procedure not inconsistent with this Article. Sec. 6-28. SAME---POWERS AND DUTIES---The appearance board shall have the following powers and duties: (1) To hold public hearings on and make recommendations for an appearance plan as provided in Section 6-29 hereof. (2) To consult with and cooperate with the Planning and Zoning Advisory Board, the beautification committee and other village depart- ments, and any other municipal or governmental bodies on matters affecting the appearance of the village. (3) To study exterior design drawings, landscape and site plans and materials for any proposed public works or public improvements and to make recommendations to the council or village manager as to the archi- tectural or aesthetic aspects thereof. Supp. No. 3 - 22.1 - (4) To study and review preliminary and final plats and make recommendations to the Planning and Zoning Advisory Board and the Village Council. (5) To hold hearings, when required, on the issuance of Certifi- cates of Appropriateness as provided in Section 6-36 hereof, in con- nection with questions pertaining to applications for building permits and to issue or deny such Certificates pursuant to the provisions of said Section 6-36 hereof. Sec. 6-29. VILLAGE APPEARANCE PLAN---(1) The appearance board shall, within six months after their appointment, prepare a proposed appearance plan to apply to the multiple family, co~nercial and public zoning districts of the village, and within budgetary limitations and appropriations are authorized to seek the advice and counsel of local qualified professionals in the field. of architecture and land planning in the creation of the appearance plan. Said appearance plan shall be based on the intent and purposes of this Article, as set forth in Section 6-22, and said plan shall be intended as the standards or guidelines for future physical developments, in said zoning districts, and should consider, among other features: (a) The external architectural features (as herein defined) of proposed buildings and landscaping and site planning thereof. • (b) Existing village ordinances and provisions of the Village of North Palm Beach Code, as amended, as to, but not limited to, zoning,. ~, building, subdivision, trees and shrubs; provided, however, nothing in said appearance plan shall conflict with, modify, or alter any provisions of the ordinances. Sec. 6-30. PUBLIC HEARING---After agreeing on a proposed appearance plan, the board shall hold a public hearing thereon. A copy of the proposed plan shall be on file during regular business hours at the office of the village clerk in the village hall for public inspection for at least ten days prior to the public hearing. Notice of the public hearing shall be published in a village newsletter and placed on three bulletin boards in the village for at least ten days prior to said hearing. Within thirty days after final adjournment of the hearing, the board shall recommend a final appearance plan to the council. Sec. 6-31. ADOPTION BY VILLAGE COUNCIL---The council shall thereafter at a regular meeting consider the proposed plan and if it so desires may adopt the same in whole or in part, with or without change. The appear- ance plan, as adopted, shall be by ordinance. Sec. 6-32. AMENDMENTS---The appearance plan may be amended, from time to time, by the council by ordinance with or without a recommendation • from the Board regarding the proposed amendment. The board can make a recommendation only after holding a public hearing after notice as set forth in Section 6-30 hereof. Supp. No. 3 - 22.2 - Sec. 5-33. CERTIFICATE OF APPROPRIATENESS---YKELIM1NAiCT VVLVJLLntcHllvw--- The appearance board shall, at the written request of a prospective licant fur a Certificate of Appropriateness, give consideration to a pp preliminary exterior drawings, sketches, landscape and site plans and materials on a specific project before a formal application is filed, and shall provide such advice, counsel, suggestions and recommendations on matters pertaining to aesthetics as they may deem necessary to guide said prospective applicant in the development of a plan which would comply with the requirements and purposes of the appearance plan; except that the board shall act in an advisory capacity only, with regard to preliminary plans, and shall provide consultation only on projects for which preliminary drawings and materials are furnished by said pro- spective applicant, and shall not participate in the development of the basic concept, plans or drawings. Upon finding the preliminary exterior drawings, sketches, landscape and site plans and materials are appropriate to, or compatible with, the character of the immediate neighborhood and will tend to effect the general purposes of the appearance plan, the board will issue a preliminary approval. Said approval will be irrevocable, and makes the issuance of the certificate of appropriateness mandatory upon application, unless the final presentation does not comply in all respects with the preliminary pre- sentation upon which the Preliminary Approval was based. Sec. 6-34. SAME---FINAL HEARINGS---Upon the filing of an application for building permit for a multi-family or commercial building, the building inspector shall immedia tely tr~smit said application to the • appearance board. The fact that an application for a certificate of appropriateness has been filed shall not be cause for the building ~ inspector to delay the review of plans relating to the building and zon- ing aspects of the project, while said application is pending, The board shall thereupon fix a reasonable time, within two weeks, for a hearing and give a written five day notice thereof to the applicant. Upon such hearing the board shall consider the application for building permit and receive additional evidence (such as exterior renderings) from the appli- cant or his agent or attorney and from village personnel or other persons as to whether the external architectural features of the proposed building or structure comply with said appearance plan. Sec. 6-35. ACTION OF APPEARANCE BOARD---Prior to making its decision the board may make recommendations to the applicant as to changes in the exterior drawings, sketches, landscaping, site plans and materials which in the judgment of the board would teed to effect the general pur- poses of the appearance plan. The board shall make its decision within one week after the hearing is closed and shall issue to the building inspector a certificate of appropriateness, unless the board finds that the said plan does not conform to the said appearance .plan and that the proposed building or structure will be inappropriate to, or incompatible with, the character of the .immediate neighborhood or cause substantial depreciation in property values. If the latter finding is made, the board shall provide such advice, counsel, suggestions a.nd recommendations on matters pertaining to aesthetics as they may deem necessary to guide • said prospective applicant in the development of a plan which would com- ply with the requirements and purposes of the appearance plan. If pre- Supp. No. 3 - 22.3 - • limiaary hearings have been held.on the.prejed for: which.application.is. .. . being made; and Preliminary Approval has>beea:iasued..by the. hmard as provided . is Sectima 8-.33; the. board. shallieaue'a Cartiflcate.rif:Approprinteneee..immediately, provided that :the Snal. drawiage,: plans sad material as.presented-c®mply.in.nll . reepeds.with the preliminary preeent~ticm upon which tha Preliminary• Approval was- based . • •• Seca 8-38. .APPROVAL BY APPEARANCE BOARD---The board shall issue a Certiffcate mf Apprmpriateaeaa upma cmncurring vmte mf.at least..three .members ::.No building or.mther permit, mtherwiae required under.the.ordiaancee of the .village, for.the erection,. construction., alterat~an. mr repair of any. building mr structure in a multiple dwelling, commercial, or.public zoning dietrict.ehali be.iasued by the Building.Inspector except upma the. granting of a. Certificate of Appropriatene~~.by. the Appearance Board. The:fmregming requiremeate shall not preclude the issuance of a building permit without auch.certiffcate if the Building Inapector.ehall.deter- mine that.no external..ardittectural fentura as defined in Section 8-39 ie involved in the wmrk for which the building permit is sought. Sec. 8-3?. .APPEALS ANH REVIEW-~-The applicant or. any. interested party .may file an. appeal tm the Village Council oz} any. ruling lay the appearance. board made pursuant tm this Article. Aa appeal e~iali be mn Yorms provided by the village.. The appeal shall be ffled or made within.ten (18) days.:after decieima of the . appearance board. Appeala.ahall eetiorth.the alleged inconaietency.or mm~con- formity with proceduree.mr criteria eat fmrth in this Article or standards eet.forth • - in .mr pursuant to this Artida . The vfllage couaeil shall decide an .appeal within - ••- -- thirty (30) days of the filing of such dppeal.unleee an extension mf time is consented to by the .applicant, and such filing shall suspend .say .building permit. issued . • -.pursuant tm the ruling m4 the appearance board. until the village cmnncil has decided the appeal.. The village council may ~eview. any decieimn of the appearance board and their diepmaition of the matter shall be ffnal. Sec. 8-38. • FOLLOWrUP BY BUILDING IIJSPECTOR---Upon the granting of a Certificate of Appropriateaeea; tha.exterivr drawiage, eketchee,:landscape.and site.plene, renderings and materials upon which.eaisi Ceztificate.was granted. ehall..be turned aver tm the huilding-inepectmr:.whose reepoaaibility it shall .be to determine; from time to time .ns the project is in prmgreea and finally upon its completion; that there. have. baen.am ynauthvrized deviations frmm the. evidence up~m which the granting mf. the Certificate mf .Appropriateness was. mriginally based.. The Building Inepector.ehail sot issue a.Certiffcate.of.Occupaacy for..any building or structure where there haye.beea any deviations from the Certificate of Appropriateness which has been granted. • .Seca 8-39. DEFINITIONS--- (1) The~term !'external architectural feature'!. ie,. . defined to. mean the architectural style. and.general.arraagement of.auch portion of.a building or etrudure.aa.ia designed tm.be open to view frmm a public street, place or way, or irmm adjoining preatieee. (Ord. No. 4-71, § 1; Ord. No. 2-72, § 1) Supp. Nm. 4 -22:4- Sec. 8-40. APPEARANCE 'PLAN---Pursuant to Section 8-31, the Village of !~ .North Palm Bench hereby adopte.by reference theretathe Appearance Plan .. attached as Exhibit A to Ordinance No':.3-72.of tha Village of North Palm Beach. Said Appearance Plaa ie set forth at length in Appendix A of this Code. (Ord. No. 3-72, § 1) • Supp. No. '4: -22.5- i • ...~ APPENDIX A THE APPEARANCE PLAN i. Sec. 6-40 (Ord. No. 3-72, §I) • Supp. No. 4 22.6 ., THE APPEARANCE PLAN • VILLAGE OF NORTH PALM BEACH FLORIDA • n • • C O N T E N T S INTRODUCTION 1 Section I 2 BASIS FOR TI-~ APPEARANCE PLAN . Section II 2 STATEMENT OF POLICY . Objectives Section III 4 AREAS OF NRISDICTION . Areas and Elements under Jurisdiction Areas of Particular Note and their Added Requirements Areas and Elements outside Jurisdiction but Influential Map of the Village of North Palm Beach, Florida 9 Section IV 10 CRITERIA FOR APPEARANCE Relationship of Buildings to~Site Relationship of Building and Site to Adjoining Area Landscape and Site Treatment Building Design Signs Miscellaneous Structures and Street Hardware Maintenance--Planning and Design Factors Factors for Evaluation Section V ' ADMINISTRATION 17 Section VI PARTICIPATION AND INCENTIVES 18 Participation Community Pro,~ects Incentives for Better Design Solutions Section VII 20 MAINTENANCE FOR GOOD APPEARANCE . Site Buildings and Appurtenances Public Property Section VIII DEFINITIONS . , . 23 • INTRODUCTION What we see daily in our community, consciously and unconsciously, influences our lives. Good community appearance is the product of orderly and har- monious relationships established between man-made objects and nature. A pleasing and attractive scene results from skillful combinations and interrelations'of these elements of contrasts and similarities. Appearance has a direct bearing on the economic value of pro- perty. When the appearance of public areas, business estab- lishments, and the residential community is good, shoppers, businessmen, and home owners are all attracted to the community. Poor appearance, congestion, and lack of proper maintenance bring about blight, decay, decreased property values, and loss of• revenues. New building programs, along with improvement and preservation of the existing, are necessary in order to maintain good com- munity appearance. Expanded building programs and land develop- ments have greatly reduced open spaces in our towns -- an aware- ness of the importance of good design and land use has resulted. Government bodies and private agencies are seeking tivays to re- vitalize our cities and to+rm s. The recognition of this need to • protect the distinctive character of our communities and then ' beauty has elicited sympathetic judicial decisions in matters involving esthetics. ~: • ,_ ~~ srcTlort z >3nslsrorl Tttr_ nPPrnctnnrct PLnnt ~ l~ The r~~r;;h Palm T3~ach V;._linge Council adopt , an nppearance Code, Ocdanancn Anamhe,- r1 .7)., nn ri~y 27, .1971. This Qcd:inancc pro-- vidod :'o:, the appointment ar an nppearance Board which riould concern S.tse1.'' with anc.l ac'1: in matters a..ec•L•:ing the physical appearance of designated aroas, The Boa~.,d eras empoi-rer.ecl to develop an nppearance Plan to serve as standards or gui.de.l:ines fo~~ physica.l developments in the Village. Tho F.l_an ~ s amended, x~ol.lo4•ri.ng public hea;~ings, t•ias adopted by the North Palm Beach grillage Council, by Osdl.nance Number 3-72, dated 10 Feb. .1972, The Appearance 0--dinanee, and applicable sections of tt1e Appear- ance Plan, vrill be adm:inister.ed through the Office of the North Palm Beach Director of. Public Services, ~^ri.th the Aopea:cance Board acting upon ma-t'cors a~elating 'to appearance as auihor.i^ed by the Appearance Code , SECTION II STATEMENT OP POLICY To function in a mannoa: most appropriate to its responsi.b5.lity, a municipal boars? should act i.n the public in'teres't and v~elfare as a servant of the people, and operate consis•ren't.ly t°~ithin its ju~~i.sd:iction~ It should be completely fair. an<l ob- 3ect9_ve i_n a1.1. public matters, 3.mpar•tial and understand3.ng, and above and beyond reproach, If it can also 1>o a sou?°co o'- in~ sp.'i.rata.on, encouragement, and leades;sh:ip, it fulf.'ills the pub- lie trust 1. Consequently the POLICY of the Appearance Board is to: ® Operate in all matters brought before it, in an objective and understanding manner, free from discrimination and selfish interests, and above and beyond reproach. ® Work toward the esthetic growth of the community and against deterioration of its visual character, harmony, and beauty. ® Encourage and inspire both public and private participation in the enhancement of community appearance and provide the neces- sary leadership. ® Act as counselor, guide, and consultant on matters of appearance to those who desire to develop, redevelop, maintain, or improve properties which are under the jurisdiction of the Board. ® Participate in matters regarding appearance with other govern- mental, municipal, civic or private bodies, and enhance com- munication, understanding, and appreciation between them and the Appearance Board. OBJECTIVES are the fostering of: ® Greater interest in the development and redevelopment of business, multi-family, and public areas with an emphasis on appearance as it relates to each specific project, its surroundings, and the community, by giving encour- agement, guidance, and direction. ~• 3 O Better maintenance of properties through encouragement of i preservation, upkern, protection, and care. O Modifications or additions to existing ordinances as they pertain to i.mprovinc7 community appearance. O Greater public interest and enthusiasm in overall community beauty, appearance, cleanliness, and order. SECTION III AREAS OF ,TUR]:SDICTION AREAS AND ELEMENTS UNDER NRISDICTION i The Appearance Ordinance provides that the jurisdictional areas of the Appearance Aoard are a].1 areas within the Vi.7.~ lage o North Palm Beach that are zoned: • o R1 SINGLF. FAMILY DISTRICT - applies to all usages except ~ single family and their. normal accessory buildings. o R2 MULTIFLE FAP.7ILX DWELLING DISTRICT o R2A LIMITED NB,iLTIPL,E FAh1ILY DWELLING DISTRICT o R3 APARTMENT DWELLING DISTRICT ,' o CA RESTRICTED COMJ~1ERCIAL DISTRICT .• o C1A LIMITED CObM~RCIAL DISTRICT o C1 NEIGHBORHOOD COPl~htERCIAL DISTRICT o C2 GENERAL CO,MMERCIAI. DISTRICT o p PUBLIC DISTRICT o FUTURE ZONING CLASSIFICATIONS AS DETERMINED BY VILLAGE ORDINANCE These areas include both privately and publicly owned proper- ties. Elements within these areas include: O improved and unimproved land, including open spaces, streets • and parkways, plaY9rounds, gardens, malls, waterarays, yar"d s, ' rights-of-way, and other elements. 4 external architectural features of buildings r~nd structures of all types, exi:,ting and future, visible to the eye, and above grade. C.I landscaping, .land topography and plant life, natural and man-made. G walks, drives, parking areas, and plazas. u3 exterior furniture, hardware, signs and markers, posts ~:nd fences, barriers, lights and lighting, supplementary str~,c- tares and appurtenances. AREAS OF PARTICULAR NOTE AND THEIR ADDED REQUIREMENTS The following is a .list of natural and man-made areas and thorough- ~~ fares of particular note with their descriptions and added re- quirements. l~ OCEAN BEACH AND STATE ROAD 703 The existence of t7ie ocean on our east imparts more direc- tional and esthetic influence than any other natural at- tribute. We should maintain an awareness of it in the de- velopment of the community. It is felt that i.t is essential to maintain and develop physical and visual contact w9.th it through vistas, overlooks, adjacent roads and access parts. The ridge between State Road 703 and the beach should he preserved as it provides a natural barrier between traffic • and the beach, and defines the beach as an entity in it- self. State Road 703 is a north-south highway between the 5 Intracoastal Waterway and the ocean traversing the length - of North Palm Beach. It is the only man-made artery where the true character of the coastal community can be experi- enced in its fullness. Its variance in elevation allows unparalleled views of the ocean and of the sloping terrain to the Intracoastal Waterway. The natural topography of the slope as well as the ocean ridge must be preserved. The natural landscape adjacent to this artery is all but destroyed in other South Florida communities. This land- scape must be fully considered and preserved to the great- est extent in development, and because openness both to the east and west must be maintained, buildings shall be designed and sites planned in such a manner as to allow 1. maximum visual contact with the beach, ocean, and slope to the Intracoastal. A INTRACOASTAL WATERWAY, NORTH PALM BEACH WATERWAY, MUNYON ISLAND AND LITTLE Iu9.JNY0N ISLAND The Intracoastal Waterway, a natural north-south thorough- fare, has two main inherent attributes. One is the natural vistas from parks, bridges and other points of public access. The second is the imparting of an esthetic experience to- gether with an insight into the basic character of the Village of North Palm Beach when traversing the waterway, i with its winding and varied width course. Therefore, build- ings within view of the waterway must present to it their • facade of greatest or equal to greatest importance. All 6 accessory buildings and facilities shall be either screened from the public view or designed to the standards of adja- cent buildings. O U.S. HIGHWAY N0. 1, NORTHLAKE BLVD., AND PROSPERITY FARMS RD. U.S. Highway No. 1 is presently our major north-south artery of interurban traffic. Even though U.S. Highr~ay No. 1 and Northlake Blvd have a diversity of zoning and uses, and con- sequently a variety of form, all projects shall meet criteria of the Appearance Plan. The importance of site planning ' and landscaping is stressed on these roads in order to re- duce the chances of the undesirable features of over-adver- tising and confusion, and to develop an identity to the natural landscape and desired character of the Village of North Palm Beach. The character of the roadways themselves are enhanced by curves, standard width, island planting, and the extremely wide open space between lanes at the south and east ends. Buildings set in locations of impact, such as at the end of a long vista (curve in road) shall be designed with this aspect in mind (termination of a vista). The north entrance to the Village is enhanced by the vistas from U.S. Highway No. 1 and Parker Bridge to the east and west along the Intracoastal 1Naterway. The north entrance possesses natural beauty, and projects proposed on the Village side of the ~~ater~vay shall make all efforts to pre- • serve this beauty. 7 U/LIAGE OF NOR7h'., PgLM BEACH, FLOR/pA AF.EAS OF JURISDICTION OF THE APPEARAA'CE BOARD R1 SINGt,E F.4.414i_T..1.' DTSTRTCT - applies to alt usages except sincJ7.e ami].y and their normal accesso~:y bui idings° F.2 MJLTPLK? F!t!',9SLY U6,~Lt.IN^v DISTRICT °• R2A LIIr1.TTF;D ft'U~..A_iPLE, FA!~7_iLY DI+JEi_LIA~G DI.STRYCT . RC AI'AR.IByN'i D6'fL:~1C,~l:A'G DIS1'iIIC'A CA RESTR?:CTif) C.:O~'~n11Et;CI~t U:CSTRICT C1A LIb1ITED CO?.'N4£F,CIAL DISTRICT ° Cl NEIGHBORHOOD C0~4MERCIAL DISTRICT • , C2 GENERAL COP:'fMcRCIAL DISTRICT P PUBLIC DISTRICT FUTURE ZONING CLASSIFICATIONS AS DETERMINED BY VILLAGE ORDINANCE. 2/10/72 9 SECTION IV CRITERIA FOR APPEARANCE The purpose'of these criteria is .to establish a'checklist of, those items which affect the physical aspect of `the Village environment. Pertinent to appearance is.tho design of the site, building and structures, planting, signs, street harde~are,~and miscellaneous other objects which are observed by the public. 1 ~~ These criteria are not intended to restrict imagination, in- novation, or variety, but rather to assist in focusing on design principles which can result in creative solutions that will, develop a satisfactory visual appearance within the Village. ,`~ 4 5. •,.. 1. The site shall be planned to accomplish a desirable transition with the streetscape,~and to provide for adequate planting, pedestrian movement, and parking areas. Site planning in which setbacks and yards 'are .in hex- cess of zoning restrictions is encouraged to provide an'interesting relationship: between buildings. ..Parking areas shall.~be~treated.with decorative elements, ..building wall extensions; plantings,: berms or other innovative means so :as 'to largely screen parking areas from view from public ways and adjoining;.propeTties; The height and scale~'of each building shall be con- patible with its site and adjoining buildings. -> .Newly installed utility services, and service revisions ,necessitated by exterior alterations, shall be under- ground. 10 .. v, ~ i~ ~ A RELATIONSHIP OF BUILDINGS TO SITE •~.6. In relating buildings to site, the provisions of the _ Zoning Ordinance in regard to bulk regulations, stan- dards, and off-street parking shall be part of this criteria. This shall also apply to sub-section B which follows. B RELATIONSHIP OF BUILDING AND SITE TO ADJOI M NG AREA 1. AdJacent buildings of different architectural styles shall be made compatible by $uch means as screens, site breaks, and materials. 2. Attractive landscape transition to adjoining proper- • ties shall be provided. 3. Harmony in texture, lines, and masses is required. Monotony shall be avoided. 4. Buildings shall have similar scale to those in the surrounding area. C LANDSCAPE AND SITE TREATMENT Landscape elements included in these criteria consist. of all forms of planting and vegetation, ground forms, rock groupings, water patterns, and all visible construction except buildings and utilitarian structures. The provisions of the North Palm Beach Village Code, Chapter 41, and those portions of the Village Code which directly affect appearance, shall be past of the criteria • of this sub-section. ,. 11 3. Materials' shall have good architectural character and shall be selected for harmony of~the building,:'.'"~ ; with adjoining buildings. Materials shall be selected for suitability to the ' type of buildings and the design in which they are'"- used. Buildings shall have the same materials.l, or • those which are architecturally harmonious, used for all building walls and other exterior building compo- nents wholly or partly visible from public ways and - adjoining properties. • Inappropriate materials and methods, and those r:hich will produce inconsistency with the structure of the building, shall be avoided. Materials shall be of durable quality. In any design in which the structura'1 frame is eic- ~. posed to view, the structural materials shall meet the other criteria fior materials. °. ,'; 1 i ~~ ' .. .~. i ,~,~. . . I,j . . =:~T rhf ., :. 4.. ~ , , ;, Building components such as windows; doors, eaves, . 1 1, t ,f. ~ ; and parapets -- shall have-igood~proportions and rela . ti ` . .. tionship to one another `1 ,; 5. Colors shall be harmonious, with bright or brilliant, . .colors used only for accent. ,;'; '_ f 6. Mechanical equipment. or other utility ,Hardware on roof, ground, or buildings ,shall be screened from '~ „ ~, public .view with.materials'liarmonious with.'the build . ' : I . I ing, or they'shall be located sous not to be .visible ~' from any public ways, including waterways, service :' .. ' . . , alleys, and adjoining properties: ~ ''~ t s ' +F, v 7. +~ '~ Exterior ligh"ting shall be part of the architectural ~. ' `,~. , ,, ,: r.:' , s. ti. . concept. Fixtures, .standards, ;and all exposed acces- ,;r' ~ ,:: ~ :~ ~ I sories shall be harmonious with building. design . : ,. ;1, ` ., -; :. 4. 8 ~: Refuse and waste removal areas, :service 'yards, 'storage ' a; , . , yards, and exterior work areas shall be `screened from . . ,. :. ,. , public ways, .including waterways, service alleys, and ~(' , .. y adjoining .properties,,using materials as stated ins,, criteria foi.equipment screening I , 9.~ Monotony of design in single or multiple'building pro ~` jects shall be avoided. Variation of detail,'form,~: I and siting'~,shall be,,used to provide visual interest.~,~ +~. a': : ,;. Inmultiple building projects, variable` siting, or ~`'' individual buildings may be used to prevent a~mon otonous appearance. .2/10/72 13,; 10. Inappropriate, incompatible, bizarre, and exotic designs shall be avoided. 11. The provisions of the North Palm Beach Village Code in regard to bulk regulations and standards, and those portions of the Village Code which directly affect appearance, shall be part of the criteria of this sub-section. E SIGNS 1. Wall signs shall be part of the architectural con- cept. Size, color, lettering, location, and arrange- ment shall be harmonious with the building design, and shall be compatible with signs on adjoining ~. buildings. Signs shall have .good proportions. 2. Ground signs shall be designed to be compatible with the architecture of the building. The same criteria applicable to vrall signs shall apply to ground signs. 3. Identification signs of a prototype design shall con- form to the criteria for building and ground signs. 4. Materials used in signs shall have good architectural character and be harmonious with building design and surrounding landscape. 5. Every sign shall have good scale in its design and in ,. • its visual relationship to buildings and surroundings. 14 • 6. Colors shall be used harmoniously and with restraint. ~ Excessive brightness and brilliant colors shall he avoided. Lighting shall be harmonious with the design. If external spot or Floor fighting is used, it shall be arranged so that light: source is shielded from view. 7. The sign provisions of the North Palm Beach Village Code shall be part of the criteria of this sub-section. F MISCELLANEOUS STRUCTURES AND STREET HARDWARE 1. Miscellaneous structures incJ.ude any structures, other_ than buildings, visible to vice! rom any public tivay or ways. Street hardware includes all objects not ~~ commonly referred to as structures and located in streets and public v!ays and outside of buildings. (See Section VIIC,DEFINiTIONS): 2. Dliscellaneous structures and street hardware located on private property shall be designed to be part of the architectural concept of design and landscape. Materials shall be compatible v!ith buildings, scale shall be good, colors shall be in harmony with build= ings and surroundings, and proportions shall be at- tractive. 3. Aiscellaneous structures and street hardware located • i.n public clays and other public property shall be harmonious vaith design of adjacent buildings and other 15 structures and Village landscape. l~ 4. Lighting in connection with miscellaneous structures and street hardv+are shall meet the criteria applicable to site, landscape, buildings, and signs. 5. The provisions of the Village of North Palm Beach Village Code in regard to bulk regulations and standards, and those portions of the Village Code which directly affect appearance, shall be part of the criteria of this sub-section. G MAINTENANCE - PLANNING AND DESIGN FACTORS ~ ~ --sic= 1. Continued good appearance depends upon the extent and quality of maintenance. The choice of materials and their use, together with the types of finishes and other protective measures, must be conducive to easy maintenance and upkeep. ^ 2. Materials and finishes shall be selected for their durability and wear as well as for their beauty. Pro- per measures and devices shall be incorporated for protection against the elements, neglect, damage and abuse. 3. Provision for washing and cleaning of buildings and structures, and control of dirt and refuse, shall be included in the design. Such configurations that . • tend to catch and accumulate debris, leaves, trash, dirt, and rubbish shall be avoided. 16 H FACTORS FOR EVALUATION ~. • The follotiring factors and characteristics relating to a development, and crhich affect appearance, will govern the Appearance Boards evaluation of a design submission after the Board has been advised by the Office of the Buildang Official •that the plan conforms to Village ordinances: LOGIC OF DESIGN EXTERIOR SPACE UTILIZATION ARCHITECZURAL CHARACTER ATTRACTIVENESS f.1ATERIAL SELECTION HAR1l90NY AND C0;9PATIB%LITY CIRCULATION - VEHICULAR AND PEDESTRIAN MAINTENANCE ASPECTS SECTION V ADA'IINISTRATION The Appearance Board vrill meet in public session in accordance viith the authority granted it under the Appearance Code. The schedule and agenda of meetings will be made public and pro- perly posted. meetings will be held as called by the Chairman. Procedures for conduct of meetings and public hearings, sub- mission and review of proposals, and processing of all other matters that come before the Appearance Board, Brill be in accordance with the Rules of Procedure as established by, the Village Appearance Board. • 17 ~ • SECTION VI PARTICIPATION AND INCENTIVES PARTICI PATI OPJ Significant success of the program to improve and sustain the visual appearance of North Palm Beach will depend in a large measure upon broad cooperation and participation of all segments of the community. An attractive and ~:~ell maintained Village t^rill result in stable property v~aluos and a better environment in which to live and 4YOPk. It is the responsibility of individuals, business and ci~eic groups, public officials and agencies, and the residen- tial community to participate in programs to achieve this purpose. The public-at-large must be made aware of the objectives and i• duties of the Appearance Board through programs o£ public re- lations and education. COMN,IJNITY PROJECTS Privately and publicly supported projects which improve the physical appearance of the Village should be encouraged. Examples are those sponsored by the service and garden clubs of No~:th Palm Deach and the Village Beautification and Recre- ation Boards. Opportunities for many other projects exist. One of these is the improved appearance of commercial properties along Northlake Boulevard and U.S. Highway #1. Another is the encouragement • of improved design and location of all types of public and utility structures. iR In order to be most effective, efforts of this type shall be coordinated through the Appearance Board. INCENTIVES FOR BETTER DESIGN SOLUTIONS Excellence in design and planning, tivhich may be achieved through appropriate innovation and imaginative concepts, should be encouraged. To accomplish this, incentives should be deve- loped for guidance to designers and planners of future develop- ments within the Village. Such incentives to good appearance will possibly involve jurisdictional areas of other Boards of the Village. Changes to existing ordinances and regulations may also be • suggested. Specific incentives, therefore, are not included ~,,, in the Appearance Plan. The Appearance Board may, however, make recommendations to other Village Boards so that incentives for improving the appearance of the Village can be considered. For example, consideration may be given to variations in build- ing height, required yards, building set-backs, and other bulk requirements, provided that such change will produce a more logical and attractive use of property, and that it will be beneficial rather than detrimental to the surrounding area and the community. Outstanding projects shall be `given pRblic recognition and ade- quate publicity along with citations to those responsible for ., • their development. Such a program will be sponsored by the Appearance Board as an incentive for higher quality in appearance. 19 ~~ SECTION VII MAINTENANCE FOR GOOD APPEARANCE G Maintenance and upkeep are required for all the parts and objects which compose the Village image. The owner, tenant and their agent, if any, shall be jointly and severally re- sponsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. The responsibility for maintenance as set forth herein shall include the swale areas between the sidewalk and •road pavement directly in front of the site. Lawns and planting require considerably more periodic attention than do buildings -- nonetheless both require maintenance in order to retain a good appearance. Therefore, it is necessary that maintenance be a concern of the Appearance Board. A SITE 1. Landscape materials, other than plantings, which have deteriorated or have been damaged or defaced, shall. be properly repaired or replaced. 2. Plant materials which have deteriorated or died shall be replaced with healthy plantings, or the area shall •. • be re-designed with other treatment to provide an at- tractive appearance. 20 3. Plantings shall. be kept watered, fed, cultivated, i\ and pruned as required to give a healthy and well groomed appearance during all seasons. 4. Parking areas shall be kept in good repair, properly marked, and clear of letter and debris. 5. Vacant property shall be kept free of refuse and de- bris in accordance with the Village Code. B BUILDINGS AND APPURTENANCES 1. Buildings and appurtenances, including signs, sh all. be cleaned, painted or repaired as required to present a neat appearance. 2. Deteriorated, worn, or damaged portions sh all be rebuilt or replaced. 3. Building and sign illuminating elements shall be replaced as required to maintain the effect for which designed. C PUBLIC PROPERTY 1. Swale areas shall be maintained by the adjacent property owner or tenant in order to add to the esthetic enhancement of the private property and the overall attractiveness of the streetscape."' • 2. Sideevalks, curbs and gutters, roadside berms, and other public improvements in the public right-of- way shall be repaired and maintained as necessary. 21 • 3 5 . 22' .. ' ijio/~a SECTION VIII DEFINITIONS Definitions included in this section are of those words or terms used in the Appearance Plan, and which are not in common usage or the meaning of which differs from the usual definition or could be misconstrued as to meaning. APPEARANCE - The outward aspect visible to the public. APPURTENAA~CES - The visible, functional ob3ects accessory to and part of buildings. ARCHITECTURAL CHARACTER - The composite or aggregate of the ,characteristics of structure, form, materials, and function of a building, group of buildings, or other architectural composition. ARCHITECTURAL CONCEPT - The basic esthetic idea of a building, or group of buildings or structures, including the site and landscape development, which produces the architectural char- (~ acter. ARCHITECTURAL FEATURE - A prominent or significant part or element of a building, structure, or site. ARCHITECTURAL STYLE - The characteristic form and detail, as of. buildings of a particular historic period.. ATTRACTIVE - Having qualities that arouse interest and pleasure in the obsexver. BERM - A raised form of earth to provide screening or to improve the esthetic character. COHESIVENESS - Unity of composition between design elements of a building, or a group of buildings, and the landscape develop- ment. COMPATIBILITY - Harmony in the appearance of tv/o or more build- ings, structures, and landscape developments in the same vicinity. CONSERVATION - The protection and care v/hich prevent destruc- tion or deterioration of significant structures, buildings, or natural resources. • 23 DECORATIVE SCREEN - A wall or fence intended to partially or ~. entirely cut off visibility to the area behind it. EXTERIOR BUILDING COMPONENT - An essential and visible part of the exterior of a building. EXTERNAL ARCHITECTURAL FEATURE - The architectural style and general arrangement of such portion of a building or structure as is designated to be open to view from a public street, place, or way, including the kind, color, and texture of the building material of such portion and the type of windows, doors, lights, attached or ground signs, and other fixtures appurtenant to such portion. HARMONY - A quality tivhich produces an esthetically pleasing whole as in an arrangement of varied architectural and land- scape elements. LANDSCAPE - Elements of nature, topography, buildings, and other man-made objects combined in relation to one another. LOGIC OF DESIGN - Accepted principles and criteria of validity in the solution of the problem of design. MECHANICAL EQUIPMENT - Equipment, devices, and accessories, the use of which relates to water supply, drainage, heating, venti- lating, air conditioning, and similar purposes. MISCELLANEOUS STRUCTURES - Structures, other than buildings, visible from public vrays. Examples are: memorials, stagings, antennas, water tanks and tovaers, sheds, shelters, fences and walls, kennels, transformers, drive-up facilities. PLANT MATERIALS - Trees, shrubs, vines, ground covers, grass, perennials, annuals, and bulbs. PROPORTION - Relationship of parts of a building, landscape, structures, or buildings to each other and to the vahole --balance. SCALE - Harmonious relationship of the size of parts to one another and to the human figure. SCREENING - Structure or planting which conceals from viev+ from public ways the areas behind such structure or planting. SHRUB - A multi-stemmed woody plant other than a tree. SITE BREAK - A structural or landscape device to interrupt long vistas and create visual interest in a site development. e' • STREET HARDWARE - Objects other than buildings, structures, and plantings located in streets and public ways and outside of buildings. Examples are lamp posts, utility poles, traffic lights, traffic signs, benches, litter containers, planting containers, letter boxes, and fire hydrants. 24 ~~ SIREETSCAPE - The scene as may be observed along a public street or eaay composed of natural and man-made components, 9.naluding buildings, paving, planting, street hardriare, and miscellaneous structures. UTILITARIAN STRUCTURE - A structure or enclosure relating to mechanical or electrical services to a building or develop- ment. UTILITY HARDWARE - Devices such as poles, cross-arms, trans- formers and vaults, gas pressure regulating assemblies, hydrants, and buffalo boxes that are used for water, gas, oil, sewer, and electrical services to a building or a project. UTILITY SERVICE - Any device, including e~ire, pipe, and con- duit which carries gas, water, electricity, oil, and communi- cations into a building or development. VILLAGE - The Village of North Palm Beach, Florida. WATERWAY - Any canal, lake, river, tributary, channel, lagoon, or connecting water within the boundaries of the Village. • 25 Chapter 7 BULKHEAD LINES Cross reference---Docks and Waterways, Ch. 11 Sec. 7-1. ESTABLISHED; DESIGNATED---There is hereby established a com- prehensive system of bulkhead lines in the waters of Lake Worth and other tidal waters within the territorial limits of the village, and said bulk- head lines shall be along the lines indicated and shown in red on the maps attached hereto, made a part hereof, and which are marked respective- ly Bulkhead Maps No. 1, 2, 3 and 4. (Ord. No. 31, Sec. 1; Ord. No. 52, Sec. 1; Ord. No. 61, Sec. 1) Editor's note---Copies of the Bulkhead Maps mentioned in Sec. 7-1 are attached to Ordinance No. 61. Sec 7-2 FILLING OPERATIONS BEYOND BULKHEAD LINE; PROHIBTTED---That fr. an and after the effective date of this ordinance, no fill shall be made, deposited or maintained in the waters of Lake Worth or other tidal waters within the territorial limits of the village, watetward or outward from any shoreline, in such a manner so that such fill shall extend beyond any bulkhead line as established and designated on the bulkhead maps referred to in Section 7-1 above. (Ord. No. 31, Sec. 2) Editor's note---The effective date of Ordinance No. 31 is February 25, 1958. Sec. 7-3. FILLING PERMIT---REQUIRED---No person, firm or corporation may make or deposit any fill or undertake the filling, creation or extension of land by pumping, dredging, pumping sand, rock or earth or otherwise within the water of Lake Worth or other tidal waters within the limits of the village without first having received a permit therefor from the village. council. All filling shall be made in accordance with the plans and specifications designated in the application for such permit. (Ord. No. 31, Sec. 3, 4) Sec. 7-3.1. SAME---PUBLIC HEARING REQUIRED---(1) Before any petition or application for a permit to fill or dredge submerged lands located within the corporate limits of the village may be considered by the village coun- cil, the advisability of issuing such permit shall be considered at a public hearing at least ten days prior to the meeting at which such petition or application shall be considered by the village council. (Ord. No. 194, Sec. 1) (2) Notice of said public hearing shall be given not less than ten days prior to the public hearing by means of the Village Newsletter. or other direct mail to all residents of the village and also by posting in • three conspicuous places in the village, one of which places shall be at the Village Hall. (Ord. No. 194-69, Sec. 2) Supp. No. 3 -23- (3) The terms of this Ordinance shall be in addition to any terms set forth in this Code which are concerned with applications for dredge and fill permits, and shall not be considered So be in lieu of any require- ments contained herein. (Ord. No. 194-69, Sec. 3) Amendment note---Ordinance No. 194-69, from which Section 7-3.1 was derived, did not specifically amend the Code and has been codified as such section in the discretion of the editors. Sec. 7-4. SAME---APPLICATION; ISSUANCE---(1) Applications for such permit shall be in writing and directed to the village clerk and shall be accompanied by a surveyor's sketch plan of what is proposed to be done and shall also show the details of any proposed construction, the proposed area to be filled, the area to be dredged for procuring fill materials, if the proposed construction is intended to be created from dredged material, and such other information and data as may be pertinent to the proposed filling. (2) In the event such application be found by the village council not to be violative of anyistatute, zoning law, ordinance or other restriction which may: be applicable thereto, or that no harmful obstruction to or alteration of the natural flow of the adjacent navigable waters will arise from the proposed construction, or that no harmful or increased erosion, shoaling of channels or stagnant areas of water will be created thereby, or that no material injury or monetary damage to adjoining land will accrue therefrom, a permit shall be granted to the applicant, subject, however, to approval by the Trustees of the Internal Improvement Fund of the State of Florida and by the U. S. Army Corps of Engineers. (Ord. No. 31, Secs. 3, 6) Sec. 7-5. SAME---APPLICATION FEES---Each application for permit submitted to the village clerk shall be accompanied by a fee of. Ten Dollars and such!'fee shall be payable whether or not the permit therefor be granted or approved. Each change in plans and specifications subsequent to the issuance of a permit shall be the subject of a new or supplemental application and a like fee shall be paid upon the filing ,of such appli- cation as was paid in the case of the original application. (Ord. No. 31, Sec. 4) Sec. 7-6. SAME---EXPIRATION DATE; RENEWAL; REVOCATION---(1) All permits issued under this Chapter shall be valid for a period of two years from the date thereof, but shall be automatically revoked if the proposed work is not completed within such period except for good cause shown. (2) The renewal of any permit prior to sixty"days after its expiration may be granted. • (3) For violation of or non-compliance with the terms of a permit, such permit may be revoked after notice of intention so to do has been communicated to the holder and opportunity afforded within a reasonable Supp. No. 1 -24- ~• time for a hearing thereon. (Ord. No. 31, Sec. 5) Sec. 7-7. UNLAWFUL FILL; REMOVAL---Any fill which shall be made contrary to the provisions of this Chapter shall be unlawful and subject to removal upon order of the village council. (ord. No. 3'L, Sic, 7) Supp. No. 1 -24,1- Chapter 9 CIVIL EMERGENCIES Art. I In General, Sections 9-1---9-10 Art. II Civil Disorder and Disturbance, Sections 9-11---9-20 Art. I IN GENERAL Sec. 9-1---9-10. RESERVED. Art. II CIVIL DISORDER AND DISTURBANCE Sec. 9-11. MAYOR AUTHORIZED TO PROCLAIM STATE OF EMERGENCY---The mayor be and he is hereby authorized to declare and determine by proclamation to that effect tHnat an emergency situation exists within the village upon any of the following factors: (1) The health, safety and well-being of persons within the village ~~ is threatened or endangered by the existence of disorder and civil disturbance within the village. (2) The secure possession and use of property-and the free exer- cise of rights by persons within the village is threatened and endangered by said disorder and civil disturbance. (3) The orderly functioning of the government of the village is interfered with or disrupted or threatened with interference or.dis- ruption by said disorder and civil disturbance. (Ord. No. 182-68, Sec. 1) Sec. 9-12. EMERGENCY REGULATIONS---In the event that the mayor proclaims an emergency in accordance with Section 9-11 of this Chapter, the follow- ing emergency regulations may be ordered and directed to take effect immediately: (1) Curfew. That a curfew be declared in the village beginning and ending at a time to be specified by the mayor under the circumstances involved daily until further notice. All persons other than law enforce- ment officers, firemen, physicians, nurses and medical personnel and employees of the village department of sanitary engineering shall be off the streets and away from public places within said area during the period of the curfew, - 25 - (2) Certain activities prohibited. That the following activities in the village may be prohibited: (a) The sale or dispensing of alcoholic beverages, including beer and wine; (b) The sale or dispensing of gasoline or other inflammable materials or liquids except when dispensed and delivered directly into the main and customary tank of a motor vehicle; (c) The sale, gift or exchange of any firearms or ammunition. (3) Possession of firearms, explosives. No persons except law enforcement officers, shall possess or carry firearms, ammunition, explosives, inflammable materials or liquids other than in the main and customary tank of a motor vehicle, or other dangerous weapons within the village. (Ord. No. 182-68, Sec. 2) Sec. 9-13. EFFECTIVE DATE---TERMINATION---The emergency proclamation may take effect immediately and shall extend until the mayor proclaims the termination of said emergency. (Ord. No. 182-68, Sec. 4) • - 26 - Chapter 10 • CONTRACTORS i Croce reference---Buildings, Ch. 8; occupational licensee' for contractors ; Ch . 20 . Sec. 10-1 . .PURPOSE---It is hereby. declared to be the intent of this. Chapter that, in order. to safeguard the life, health; property and public welfare of its. citizens , the business of construction and' home improvements. is a' matter affect- ing the public interest, and any. person engaging in the business as herein defined should be required to eatabliah his competency and qualifications to' be certified as herein provided. Sec. 10-2. DEFINITIONS AS USED IN THIS CHAPTER---(1) "Contractor" means any person, firm or corporation who engages in business under expressed or implied contract in any of the trades as defined in this chapter or who under- taken or offers to undertake or purports to have the capacity to undertake, or submits a bid to, or does himself, or by or through others, engage in the business of doing a trade, and who holda.a certificate.of competency. as provided by this chapter to perform work of the particular trade in which such person,. firm, or corporation is engaged. (a) "General contractors" shall be unlimited as to height, area and complexity of construction he undertakes. He shall have the knowledge gained by ten (10). years of experience as a superintendent for a general contractor or building contractor or as a licensed building contractor for said period or.shall have an education and experience equivalent- thereto. ' He shall subcontract to a qualified contractor all work being the exclusive work of plumbing,.electrical and HARV-unlimited contractors, provided,' however, on new site development work, site redevelopment work, and commercial properties, .the obligation to subcontract shall not prohibit the general contractors from constructing the' main sanitary sewer collection system and the' main water distribution system not including the continuation of utility lines from the' mains to the buildings, which utility lines shall be constructed by plumbing contractors. A general contractor may do, contract for, and take out permits for installing room air..conditions and.. for the work of any specialty contractor, as defined herein, excepting that of air conditioning contractors, .refrigeration contractors, and elevator contractors. (b) "Building contractors" are those whose services.are limited to construction of commercial buildings and single or multiple dwelling residential buildings, neither to exceed three (3) stories in height, and accessory use • Supp. No. 4 -27- x.:, structures in connection tF::rewith. He shall have the knowledge gained by not • less than five (5) years experience as a superintendent for a general contractor or a b+.;ikliug contractor or has been a licensed residential building contractor for sui:h period. He shall subcontract to a qualified contractor all work being the exclusive work of plumbing, electrical, and HARV unlimited contractors. A building contractor may take out permits For installing room air conditioners and for the work of any specialty .contractor within the limits of work of a building contractor, except that of air conditioning contractors, refrigeration contractors, and elevator contractors, Further, a building contractor shall be limited to three (3) story construction consisting of.type VI frame construction and/or.type V ordinary masonry construction as defined in the Southern Standard Building Code. No large public buildings or places of assembly should be built by a building contractor unless udder the supervision of a general contractor. (c) "Residential building contractors" are those whose services are limited to construction, remodeling, repair or improvement of one, two or three family unit residences not exceeding two (2) stories in height and accessory use structures in connection therewith.. He should have the experience, knowledge and skill gained by not less than three (3) years experience as a superintendent for a general, building or residential contractor or education equivalent thereto or any combination thereof. He shall subcontract to a qualified contractor all work being the exclusive work of plumbing, electrical and HARV unlimited contractors. A residential building contractor may-take out permits for installing room air conditioners, and for the work of any specialty contractor within the limits. of work of a residential building contractor except that of air conditioning contractors, ~, refrigeration contractors, HARV unlimited contractors, demolition .contractors, and elevator contractors. (d) "Plumbing contractors" are those who can qualify as a' master plumber with a minimum of three (3) years experience as a journeyman plumber or equivalent education or combination thereof, who can aeaume.responsible charge and direction of other pex•sons in the installation. of plumbing which shall mean all work done in connection with the installation,' maintenance, extension and alteration of all piping fixtures, appliances, well drilling, sprinkler and' irrigation systems, appurtenances thereto and apparatus or equipment used in connection. with the water supply and sewage disposal system; to install., maintain, repair. alter or extend any system of piping, tubing, vessels, containers, pumps, apparatus and appurtenances in connection with such pressure piping usedio~a' the circulating, transporting, holding or processing, of any vapor, fluid, q semi-liquid or solids, inside of, or attached to, any building, lot or premises. He shall subcontract to a qualified contractor all other work. incidental to the work which is specified herein as being the work of a trade other than that of a plumbing contractor. (e) "Electrical contractors" are .those who can qualify .ae a master electrician • No. 4 -28- Supp. with at least three (3) years .as a. journeyman electrician or the equivalent • education to assume reapor_3ible charge and' direction of other persona in'the installation of electrical work which ahaiT mean all work' done in connection with the installation, maintenance, extension and alteration.of.a system for. electrical wiring for lights, heat or power and' all appurtenances. thereto and all apparatus or equipment used in connection therewith, including that of a room air conditioning unit only, and all electrical specialties. He shall sub- contract to a qualified contractor all other. work of a trade other than that of an electrical contractor. (f) "HARV unlimited" (Heating, air conditioning, refrigeration and ventilation) contractors are those who can qualify by experience and knowledge and skill to perform the following: Install, maintain, .repair, alter or extend air conditioning, refrigeration, heating, ventilation, unlimited in horsepower or tone, including all duct systems, boiler and unfired pressure vessel systems and all appurtenances, apparatus or equipment used in connection therewith; also, piping, duct work, insulation of pipes, vessel and ducts.: He shall sub- contract to a qualified contractor all other work incidental to the work which is herein specified as being the work of a trade other than that of a HARV unlimited contractor. (g) "Specialty contractors" are those contractors who specialize in one or more of the crafts of a building construction and related contracting trades. whose scope is less than those contractors defined herein and is' limited under • his certificate of competency. Specialty contractors shall be as classified and defined from time to time by the Palm Beach County Construction Industry ~~ Licensing Board. (h) The "Owner-Builder or sole owner'.'' is defined as' a single natural person who performs and/or supervises work in connection with-the construction, repair or alteration of a single-family.or duplex residential structure foa his own private occupancy. However, the application for a building permit for the construction of more than one residence or duplex in one years-time shall be construed as engaging in the construction business, and therefore, comes within the operation of this ordinance. (2) "Journeyman" is a person qualified by: experience and/or education to perform work in the plumbing and electrical trades while employed by licensed plumbing or electrical contractors . (3) "Contracting" means, except as herein exempted,' engaging in business as a contractor. (4) "County Board" means the Palm'Beach'County Construction Industry Licensing Board. No. 4 -29- Supp. (5) "\%illage Board" meuns the North Palm Beach Contractors Board, (6) "Certificate" means a Certificate of Competency issued by the County Boarc9 as provided herein. (7) "Certil'i~ation" meuns the act of obtaining or holding a Certificate of Competency from the County Board as provided herein. Sec. 10-3. CERTIFICATION---(1) To obtain a certificate, an applicant shall submit an application in writing to the County Board containing the statement that the applicant desires the issuance of a certificate and the class of certificate desired on a form containing the information prescribed by the County Board and shall be accompanied by the fee fixed by this act. (2) When a certificate holder presents his certificate to the North Palm Reach Building Department, accompanied by the requisite fee for the applicable occupational license, he shall be entitled to obtain said occupational license providing he presents evidence of public liability insurance in amounts not less than $100,000 - $300,000 and $5,000 property damage, and a surety bond in an amount not less than .$2,000, showing the interest of the Village, as it may appear. If the County Board requires a surety bond and public liability insurance in amounts equal to or in excess of the above amounts, covering the Village as its interest may appear, and so notifies the North Palm Beach' Building Department, the Village shall not regiii>_•e a duplication thereof. The surety bond is required • for all contractors . ~~-~ (31 The holder of a journeyman's certificate need only exhibit his certificate to the local building official, which shall be sufficient evidence of holding a valid certificate under this ordinance when the same shall be required by the Building Official. (4) The certificate shall not be transferable. (5) Upon the effective date of the ordinance, any person presently holding a certificate of competency from the Village of North Palm Beach may continue, providing the other requirements of the Village are met, to operate under that certificate of competency. Editor's note---Ordinance' No. 6-72, from which the above subsection was derived, was enacted on March 23, 1973. Sec. 10-4. REVOCATION, SUSPENSION, OR PROBr1TION OF. OCCUPATIONAL LIC:ENSL;---(1) The Occupational License of any contractor shall be automatically suspended should the required insurance or bonds lapse or be cancelled for Supp. No. 4 -30- any reason. (2) On its own motion or the verified written complaint of any person, the Village Board may investigate the action of any contractor licensed under this ordinance and hold hearings; the Village Board may take appropriate disciplinary action if the contractor is found to be guilty of or has committed any one or more of the acts or omissions constituting cause for disciplinary action set out herein or adopted as rules or regulations by the Village Board. (3) The following acts constitute cause for disciplinary action: (a) Willful or deliberate disregard and violation of the applicable building codes or ordinances of this Village. (b) Aiding or abetting any uncertified person to evade any provision of this ordinance. (c) Knowingly combining or conspiring with an uncertified person by allowing one's certificate to be used by any uncertified person with intent to evade the provisions of this ordinance. When a certificate holder allows his certificate to be used by one or more companies without having any active participation in the operation, management, or control of said companies, this act constitutes prima facie evidence of an intent to evade the provisions of this ordinance. (d) Acting in the capacity of a contractor under any certificate issued hereunder except in the name of the certificate holder as set forth on the ~~" issued certificate, or in accordance with the personnel of the certificate holder as set forth in the application for the certificate, or as later changed as provided by law . (e) Diversion of funds or property received for prosecution or completion of a specified construction project or operation where as a result of the diversion the contractor is or will be unable to fulfill the terms of his obligation or contract. (f) Failure in any material respect to comply with the provisions of this ordinance. (g) Failure to maintain insurance coverage and bonds as may be required by ordinance or law. (4) The Village Board is authorized to take the following disciplinary action: i (a) Suspend the occupational license holder for all operations as a contractor during the period fixed by the Village Board but the' Village Board `. Supp. No. 4 -31- may permit the occupational license holder to complete any contracts then uncompleted. (b) Revoke the occupational license. (c) Place the occupational license holder on probation, setting forth a specific period of time for the probation. (5) After suspension of the occupational license on any grounds set forth in thin Section, the' Village Board may remove the suspexsion on proof of com- pliance by the contractor with all conditions prescribed by the Village Board for removal of suspension or, in the absence of such conditions, as in the sound discretion of the' Village Board . (8) After revocation of ttny occupational license, the' license shall not be renewed or reissued for at least one year; after revocation. The effective date of revocation shall be specified by the Village-Board. (7) The lapse or suspension of any occupational license by operation of law or by order of the Village Board or.a court, or its voluntary surrender by an occupational license holder does not deprive the Village Board of jurisdiction to investigate or act in disciplinary proceedings against the' occupational license holder. • (8) The filing of a petition in bankruptcy, either voluntarily or involuntarily, or the' making of a composition of creditors or the appointment of a receiver for ~~,, the business of the occupational license holder may be considered by the Village Board as just cause for suspension of an occupational license . (9) The' Village Board may restrain any violation of this ordinance by action in a court of competent jurisdiction. Sec. 10-5. EXEMPTIONS---The provisions of this ordinance do not apply to the following: (1) To an authorized representative of the United States Government, State of Florida, County of Palm. Beach, or the Village .of North Palm Beach, or any political corporation or subdivisioxi thereof, provided that the operation of a trade ie done' by its own salaried employees . (2) The owner or tenant of business property repairing, altering, or otherwise non-structurally improving his own property. (3) Sale or installation of any finished products,' materiais, or articles Supp. No. 4 -32- of merchandise which are not actually fabricated on the job and which do not become a permanent fixed ?art of the building or structure. _~ (4) Any person who furnishes materials or supplies without fabricating them into or consuming them in the performance of the work of a contractor. (5) Excepting journeymen electricians and plumbers, any person who individusily performs labor for another, receiving only the compensation of an hourly wage. (6) The owner-builder or sole owner is defined as a single natural person who performs and/or supervises work in connection with the construction, repair or alterations of asingle-family or duplex residential structure for his own private occupancy. However, the application for a building permit for the construction of more than one residence or duplex in one year's time shall be construed as engaging in the construction business and therefore, comes within the operation of this ordinance. Qualified owner-builders or sole owners shall be exempt from filing and obtaining a' contractors license only after complying with the following: (a) File plans and specifications and obtain approval of the Building Official prior to commencement of work. (b) File with the' Building Official a notarized affidavit to the effect that he is the sole owner of the lot on which. construction is to occur, that he ~. has read this ordinance , that he will supervise and control the work personally , '~ and will observe all of the Code .requirements of the Village of North Palm Beach . (c) Apply for and secure a permit for such work or construction. (d) Pay the required fees. (e) Apply for inspection. (f) 'File with the' Building Official, certificates showing that proper provisions have been made to carry the necessary Workmen's Compensation as. required by law, Public Liability and Property Damage Insurance in the minimum amounts of $100,000 per person, $300,000 per accident, and $5,000 property damage. (g) Presents a surety bond in an amount not less than $2,000 showing the interest of the Village, as it may appear. (h) File with the appropriate government agency, certificates show- ing the payment required by the Federal Social Security Act. Supp. No. 4 -33- (i) Shall not employ contractors: other than' properly licensed contractors, licensed by tte Village of North' Palm Beach ffor any part or portion • of the work. (j) Any owner desiring to perform himself repairs,. alterations or additions to hie own residence, shall not be required to comply, but may comply, with subparagraphs 8, 7, and 8, and of this Section, provided,' however, that. the building repairs, alterations or additions shall not exceed'in dollar amount, 50 per cent of the moat recent Village Tax valuation on said residence. Sec. 10-8. CLASSIFICATION OF CONTRACTORS; NECESSITY OF CLASSIFICAT' RIGHTS---The contracting business as contemplated under this ordinance shall be divided into seven different fields: (a) General Contractor (b) Building Contractor (c) Residential Building Contractor (d) Plumbing Coutrnetor (e) Electrical Contractor • (f) HARV Unlimited Contractor (g) Specialty Contractor Each having heretofore been defined,' and' a .separate occupational license is hereby required for each of said fields, the annual fee for which shall' be- provided in the general occupational license ordinance of the' Village of North Palm Beach. And further px•oviding that each classification of a specialty contractor shall require a license except that the above proviso shall not prohibit a specialty contractor from taking sad executing a contract involving use of two or more crafts or trades if the performance of the work in the craft or trade other than that in which he is licensed is incidental to the performance of work in the craft for which the specialty contractor is licensed. Sec. 10-?. LICENSE HOLDERS PREVIOUSLY CERTIFIED. BY THE VILLAGE AND NOT CERTIFIED BY THE COUNTY OR STATE---(1) Their certificate shall automatically be renewed each year upon the purchase of their.occupational license; if they do not wish to renew the occupational license, they ahall.be required to obtain an inactive certificate renewable annually. They shall obtain • Supp. No. 4 -34- an inactive certificate within 90 calendar days after September 30. The coat of an inactive certificate shall b^ $10.00 a year renewable annually. Failure to ~aeclire an inactive certificate within 90 calendar days after September 30 shall cause the certificate Ito become immediately suspended; provided, that the contractor shall have~90 days prior to the next September 30~it~in which to apply to the Village Board for a restoration of his certificate. At the end of. the period of suspension, if the contractor has not restored his certification, it shall automatically become revoked . Any holder of an .inactive certificate desir- ing to activate hie certificate may do so upon making application. to. the Village Board and fulfilling the requirements set. forth.. for a contractor. (2) An applicant for a new occupational license made prior to July 1 shall pay. the full annual fee; if made after July 1, ahall~pay one half the annual fee. No quarter-year license will be issued. (3) All contractors shall report. to. .the. Village Board. within 7 days any changes of address of business. If the contractor.ia other than a sole.proprietor, he shall report to the. Village Board changes .of officers and. their addresses, changes of name, bueineae addreases,.within 7 days after such. changes take place. (4) Occupational licensee issued. to a firm. through certification. of the firm's representative shall be suspended immediately after. the certified representative of the. firm severe. his connection with.. the. firm, or if. the. firm revokes any of the authority of the representative set out herein. .The secretary • of the. Village Board. shall. give notice of..the .suspension. to. the Building. Official of the. Village, and. shall instruct him not. to issue new. permits. for construction by the said. firm or the certified representative. unless. the certified representa- tive holds an individual license, nor shall any. further construction. under building permits already issued. be. permitted until the. firm shall certify another representative. The: Village. Board.ahall.hold a. hearing. to revoke..the occupa- tional license issued. to..the. firm. for lack of a certified representative after..the expiration of. 90 day. period, if the firm has. not. employed a certiffed representa- tive . Sec. 10-8. PROCEDURE. FOR REVISING CERTIFICATE---(1) .Any. person. desiring to revise a certificate other. than a County or. State. Certificate; shall make application. for same on a. form. prescribed. by the. Village. Board. .Should. the .applicant be representing a business entity other than for his own sole proprietorship, then the application.ahall.be executed by the pres~idpnt or one legally. qualified to fully act and. bind said. business. entity, and showing hie authority. to. do so on said application, and naming an authorized agent on. behalf of. the. bueineae entity showing his authority, and (1). to fully act and. bind. the bueineae entity, in all matters in any manner connected with the contracting business, and. (2) to auperviae.the construction under..the occupational license issued. the bueineae. entity, and. (3) the. business. entity .shall. be. qualified only through the certificate. holder. •.Supp. No. 4 -35-.. (2) The applicant shall. give all of. the information as required on the application. form designated .Village of North, Palm. Beach,. Florida, Application for Revision of Certificate," as herein appears in. the appendix. to this ordinance, and wherever the information is required to be aworn.to, the oath. shall. be on best knowledge, information and belief. Provided, however, .that said. form. may be amended and revised. from time to time ,by the. Village Board in keeping with the intent of this ordinance. (3) Anon-refundable fee of $20 shall.accompany.the application. for a revised certificate. Sec. 10-9 . NORTH. PALM BEACH CONTRACTORS. BOARD--- (1) The North: Palm Beach. Contractors Board shall be composed. of 7 members as. follows: One. General Contractor; one Building Contractor; one. Plumbing Contractor; one. Electrical. Contractor; one.HARV unlimited ..Contractor; one Architect; one Registered Engineer. In addition.. to-the. regular.membera.there shall. be. two alternates; .one of whom shall be. a.Residential: Building..Contractor; and. one. of whom shall. be a. Specialty Contractor. In the event that a regular member is unable-to.serve,.the. residential building contractor.shall.serve. in the event two or more regular. members are unable to serve, or the residential building contractor is-unable to aerve,_the • specialty contractor shall also serve. No member or alternate shall.aerve.on_the North.Palm-Beach. Contractors Board. unless. he is authorized to do business in.the:Village of North. Palm: Beach. (2) .Terms. of. Members- -.Originally, .three of-.the. members ~hall..be appointed for terms of 3. years, 2 of the members. shall: be. appointed. for. terms of 2. years; 2 of..the members. for terms of 1. year. .The alternates' shall. be appointed for terms of 3 years. Thereafter, the. term of office of each: member and alternate shall be 3 years. Vacancies occurring in the membership of .the Village. Board shall be. filled by appointment of a member. from the same. branch of. the Construction Industry. Each. member and alternate shall. hold office..until. his: successor. has. been- duly appointed and. qualified, unless removed: by_ the: Village Council.... The Village Council may remove any member or alternate of. the Village Board. for .misconduct, incompetency or neglect of.duty. (3) Officers of the Village Board shall. be elected by majority vote each. October. A chairman and vice chairman. shall serve. for. the. ensuing- year. The secretary of. .the Village.Board shall-be-the-Building Official. .The secretary shall. be responsible. for recording the minutes-of..the.meetings, and shall.be..the custodian of all. records of the Village. Board. -36- Supp. No. 4 (4) .Meetings- (a) ..The: Vi]'age.Board. shall_hold...not:.lesa:.than four regular meetings. each- fiscal. year. l (b) .The meetings, regular. or. special, . shall:.be called. by-the chairman of. the Board, and.in his absence. from.the:.Village or.disability,:by the vice chairman of. the. Village. Board, at anytime. (c) .All minutes .of. the: Village:.Board .meetings _shall:.be. public records except. those portions . of which. are. of a confidential nature, such. as credit. reports, .financial statement, .and communications received. by. the. Village Board in respect. to. the applicant's. qualifications:.. Such: information: may be released only by the secretary or chairman-of.the: Village. Board, and: then: only to authorized officials having. a bona. fide. reason: for: knowledge. of: such. facts . (d) .Five members of. the: Village. Board: shall. constitute. a. quorum at any meetings, and a majority vote: of-.those: present shall be-required. to enable the. Village. Board to act. (e) The: Village. Attorney: or his. designated assistant shall. attend the meetings whenever requested to do so:by.the:Village:Board.Chairman. (5) :For..the.purpose.of administering: this. ordinance;:.the:Village:Board . may call. on. the. Building and. Zoning: Department. of..the. Village .of..North: Palm • Beach to furnish ~uch.employees.as.may:be necessary. to carry on: or assist the Village Board in performing its. duties. (6) .The: Village. Board. may make such..rules and. regulations. as: are consistent with. the. general-policies. of. this ordinance as it may deem necessary to carry out the.provisiona of. this. ordinance. (7) The. Village Board shall. have. the- duty of determining. the .qualifi- cation~ of applicants. for contractor's:license;•to:hold'hearings,:to:determine if a. license. of any contractor should be suspended,.placed.under.probation . or revoked- for any. violation: of: this ordinance, and. fix. the: length. of: time:-for ..such suspension,.probation,:or'to.revoke_.the. same;under.:the:provisions:of. this ordinance,. or. to request. the: Board: secretary. to investigate any.complaints made against the licensed: contractor. and: determine: whether' it shall. take administrative action against. the contractor or. direct. the: secretary to °file a complaint for. prosecution. for the violation against. the. contractor: in. the: CouYts in the: Village of North. Palm. Beach, .Florida, or: both. .The: Village: Board shall hear all appeals. pertaining. to the: Building= Code, the Sign Code; the. Swimming Pool Code,. Plumbing Code, Gas'Code," and..those items: of. any: Village, State, or. Federal. Code affecting air-conditioning, refrigeration,. ventilation, fire, or sanitary codes. (8) (a) .The secretary. of the: Village Board may, upon. his. own motion, or shall, upon a sworn complaint in .writing of any. person, :investigate or • No. 4 -37- Supp. cause to be investigated: by a. special.inspector:appointed:by:the secretary~.of ..the: Village. Board,-the charges:againat: any.'contractorilicensed:hereunder;.::and submit a written report. to. the: Village: Board. Or; .upon the: filing df. Petition ~• of Bankruptcy, by or againat a licensed. contractor: under:.this ordinance, or should a licensed contractor. fail. to: keep in.force:.the:insurance: policy and surety. bond required.by.thia ordinance,...the secretary. of: the: Village: Board shall immediately suspend. the license. and report. the: matter to .the: Village: Board for appropriate action. (b) .The: Village: Board,: upon. receipt of. the .report aforesaid, shall examine the same and, if in the opinion of. the: majority. of..the: board; ' it appeara..that there is a. prima. facie showing: of a: violation: of: the .ordinance, shall-take- one of. the. following actions or. both: (1) 'Instruct:the:Secretary. to .send,. by. registered: mail; a letter. to-the licensed contractor: to his: last: known: address: as shown .by: the board's. records, setting out-the: name:.nf-the. name of: the: complainant;: the': time: of commission of the alleged offense, and: the: substance of: the section: of:.this ordinance alleged. to be. violated,: giving the section: number, and: notifying:ihe licensed contractor. to appear before:.the:Board at a:time.and.place:fixed;:not sooner. than. five days: from the mailing of. .the: registered: letter;. to: show .cause why his license. should: not be. placed: under: probation, auspended;:or revoked. (2) ..Instruct. the: Secretary .to: file a sworn affidavit: for..the • arrest of the licensed contractor. for' appearance: before:.the: Court: of:.the: Village of North Palm Bpach, Florida. (c) The administrative hearing: provided for above shall be open to the public. (1) .The. proceedings at. the hearing: shall: be recorded 'and :may be transcribed at. the expense of the.pasty requesting the transcript. (2) .The hearing should be conducted. according to:esta- blished rules relating to the evidence: and. witnesses. .Any .rel'evant .evidence shall be admitted' if it is the. sort: of: evidence: on: which responsible. persons: are accustomed .to rely. in the conduct of: civil: actions: :The: rules: of. privilege: shall be effective. to the same. extent. that they are. now; : or.: hereafter:' may be,- recog- nized in civil actions; and irrelevant and unduly: repetitious.evidence<shall be excluded. (3) :Each party shall have:.these .rights: To call and examine witnesses; to introduce exhibits;.to cross-examine.oppoaing: witnesses on -any matter relevant to the issues even- though: that matter: was not: covered in=.the ' direct examination; . to impeach: any'. witnesses:.regardless of which: party: first called him to: testify; and to rebut:the<evidence:.againat.him. :If respondent. does not testify in-his own: behalf, he may be called and. examined as if. under • cross-examination. Supp. No, 4 -38- ~h.='~ ' (4) A decision shall be made by. the.Village Board ljy a majority vie .within five days after th.: close of the hearing and shall' be as follows: i• a. 'Not guilty. b . Probation of license, stipulating .the' beginning"and .period of time. ~ c. Suspension of license, stipulating the' beginning and period of time. ;, d. Revocation of license,' nami~xg effective date. (8) Whenever the Building Official shall reject or: refuse to:approve the' mode or manner o€ any. building; electrical,. plumbing; gas,: fire;'. sign;' air-.conditioning or swimming pool construction or installation,. proposed to be followed.; or materials to be used in any construction or installation; or: when it is claimed that the provisions of any of.the Gmdes specified in Section .10-9 do not: apply,. or. that an equally. good.. or more desirable. faun of.construction or installation can: be employed_in any caee;:.or when it is claimed that the~•ue intent and' meaning of any. of these Codes or.any: of the regulations thereunder. have been misconstrued or wrmngly interpreted., .or any aggrieved party, or his. duly authorized agent,' may appeal from the decision of the ,. Building Official to the Villa e ~ " d.. Tf the a sal. concer a however, a e er,~fie building or property,. the owner-.and architect and/or engineer shall be notified' by certified mail of the appeal. Notice of appeal shallbe in writing and filed within :30 days after-the decisian.is rendered~bythe;$uilding Official. A feri,of $100.00. shall ~,,, accompany such notice of appeal. Any person: desiring approval of any. product not previously approved for use under any Code,: may request approval from:.the' Village Board and present such testimony and' evidence as' may have bearing' on'-such product approval to the , Board..9 $100.00. fee- shall accompany said request.for. product approval. The Board- may•collect additional .reasonable fees in connection with any request fos product approval regarding any Code'in any case wherein' special testa and/or special expert opiniommust be obtained before the' Board can' issue its decision or recommendations.: Fmr prefabricated' construction' ){oocedures, see Section 2564, paragraph (c) ,Southern Standard' Building Code. • • Sec:: 10-10. INSURANCE: REQUIREMENTS---Any coniractoi•'coveied.byahis-ordinance shall be required- to' maintain at all times, with' an insurance company.suthorized .to do business in the State' of Flmrida,: Employers Liability lnaurance.:or Workmen's Compen- eation Insurance;: Surety Bond: of.$2;000; and' Public Lialiility'#etsurance with minimum limits on each .of not.lesa than $l00 ; 000.. for one person;: $300,600: for more than.one person in any one accident, and Public Property Damage Insurance with a' minimum limit of not less than .$5,000 for any one accident. Supp. No. 4 -38- In the event of a can -.ellation of a policy or policies or surety bond of any contractor covered by this ordinance, the' license .of such contractor shall automatically be revoked. The' license may be reinstated by the Secretary of the Village- Board when the' licensee has. furnished certificates of insurance in compliance with this Section. i ~~ . The surety bond, public liability insurance 'and: public property ''. ~'' damage insurance provisions referred to' in this Section ailall be complied with if any contractor has such surety bond, public liabilityinaurance and public property damage insurance in effect with Palm Beach: County. A r~ _, Sec. 10-11. PENALTIES---(1) Any person, firm or corporation who shall violate any one or' more of the p;pv7,siona of this ordinance, shall upon conviction be. punished by a fine net exceeding $500.. or by imprisonment, for: a period not exceeding sixty days, or by both such fine and imprisonment; in the discretion of the. judge of the Municipal Court for each' offense. (2) Any. person, firiu or corporation who shall violate any: o£.the provisions of this ordinance, ahgil not be issued a' building:permiti.by: the Village of North Palm Beach, so long as said violation remains unrectified. Editor's :Note---Those forms designated for use in connection with. the' requirements of this Chapter. have been codified as Appendix B. to this Code . Chapter 10 of this Code .was derived from Ordinance' No... 8-72 of the Village of North Palm Beach enacted March: 23;..1972 . and as amended by. Ordinance No. 21-72 enacted September 28, 1972. • Supp. No. 4 -40- .. . Supp. No. 4. 41 APPENDIX B CONTRACTORS'FORMS ~• ~' (Ord. No. 7-72, § 1) • Supp. No. 4 B APPENDIX B Cert. No. Space for Village Seal CONTRACTORS CERTIFICATE OF COMPETENCY i• This is to certify that in accordance with the provisions of Ordinance Number G-72 of the Village of North Palm Beach, in Palm Beach County, Florida, enacted on the 23 day of March A.D. 19 ~? Name: Name of Firm or Company: has been duly certified as a and is entitled to apply to the Tax Collector of said Village fox• a Village License, subject to compliance with all other terms, conditions and provisions of said Ordinance Number ordinances. 6-72 and other applicable This Certificate and any licenses issued pursuant thereto, shall be subject to suspension or revocation as provided for in said Ordinance Number x-72 i IN WITNESS WHEREOF, the Board has caused this Certificate to be executed and issued in its name on this day of A. D. 19 Attest Secretary NORTH PALM BEACH CONTRACTORS BOARD OF THE VILLAGE OF NORTH PALM BEACIi IN PALM BEACH COUNTY, FLORIDA. BY r~, 30/ ~. APPENDIX B Inactive Cart. No INACTIVE CERTIFICATE OF COMPETENCY • This is to certify that in accordance with the provisions of Ordinance Number 6_72 of the Village of North Palm Beach, in Palm Beach County, Florida, enacted on the 23 day of March Name: Name of Firm or Company: certified as a Space for Village Seal CONTRACTORS 19 ~Z entitles the holder to be placed in an inactive status for a period of one year, and shall entitle the holder to no privilege except exemption of a reexamination ending September 30 of each year. This certificate must be renewed each year, upon the resumption of an active status as a contractor, upon applying to the Contractors Board. This inactive Certificate is subject to compliance with ell other terms, conditions and provisions of said Ordinance Number 6-~Z and other applicable ordinances. This Certificate shall be subject to suspension or revocation as provided in Ordinance Number 6-72 (continued) IN WITNESS blHEREOF, the Board has caused this Certificate to be execated and and issued in its name or. this the day of A.D. 19 NORTH PALM BEACH CONTRACTORS BOARD OF THE VILLAGE OF NORTH PALM BEACH IN PALM BEACH COUNTY, FLORIDA. B,y Chairman Attest: Secretary • Official Receipt No. - Amount • APPENDIX B NORTH PALM BEACH CONTRACTORS BOARD APPLICATION TO ACTIVATE CERTIFICATE License Deposit Official Receipt No. Amount Date ACTION OF CONTRACTORS BOARD CERTIFICATE NO APPROVED DENIED DATE CLASSIFICATION SECRETARY OI' CONTRACTORS INSTRUCTIONS: Applicant is required to furnish a certificate of required insurance and required bond before application can be accepted by the Secretary of the North Palm Beach Contractors Board. Applicant is required to submit a credit report by a credit bureau and a financial statement signed by the applicant. Applicant agrees to authorize the Secretary of the North Palm Beach Contractors Board to obtain from any source dealing with the applicant, even though said business might be deemed confidential, such additional information concerning the applicant's financial condition as he deems necessary. TO THE NORTH PALM BEACH CONTRACTORS BOARD-VILLAGE OF NORTH PALM BEACH, FLORIDA (Submit in triplicate; print or type all information) • (continued) Under the provisions of Ordinance No. ~ 6-~Z Defining, Regulating ~. and Governing Contractors within the Village of North Palm Beach, Florida, I hereby apply to activate my certificate to qualify as a conts•actor in North Palm Beach, Florida. My classification No. of Employees My name Name of Firm or C Business Addres Phone City County State, Present Occupation or Title No, of Yrs Home Addres Phone City County State I have ndt been convicted of a misdemeanor or felony during the past five years and am not presently under a charge of committing a felony or misdemeanor. Signature of Applicant ~~. ,, / I, J State of Florida County of Palm Beach Before me the undersigned authority personally appeared, who after being duly sworn deposes and says that he has read the above and fore- going application and that the matters contained therein are true and correct, ~~ and that he has executed the same for the use and purposes therein expressed this day of 19 Notary Commission Expires: Seal: • APPENDIX B PJORTH PALM BEACH CONTRACTORS BOARD APPLICATION FOR REVISION OF CERTIFICATE Application Fee: i)fficial Receipt No. Amt. Date ACTION OF CONTRACTORS BOARD APPROVED DENIED Da REMARKS CLASSIFICATION SECRETARY OF CONTRACTORS BOARD INSTRUCTIONS: Filing fee of X20 must accompany this application. Filing fee is not returnable. Check should be made payable to the Village of North Palm Beach. For Further information, read Ordinance of tY~e Village Code. ~,...-' A signed financial statement MUST BE submitted with this application. A credit report MUST BE submitted by a credit biu•eau before application can be approved, and paid for by applicant. Certificate of required insurance and required bond are required to be filed with the Secretary of the Board in the revised company name before occupational license issued. Applicant agrees to authorize the Secretary of the Contractors Board to obtain from any source dealing with the applicant, even though said business might be .. deemed confidential, such additional information concerning the applicants financial • condition as he deems necessary Two letters of recommendation are required. TO THE CONTRACTORS BOARD - VILLAGE OF NORTH PALM BEACH, FLORIDA (Submit in Triplicate: print or type all information) Under the provisions of Ordinance No. 6-72 , Defining, Regulating and Governing Contractors within the Village of North Palm Beach, Florida, I hereby apply for a revision to the certificate to qualify as a contractor in North Palm Beach, Florida. My present classification I am requestingio revise my certificate No. of Employees ~~,. My name is My present company name is My proposed revised company name is New business phone My new business address County State City No. of yrs. Present Occupation or title Home Phone Home Address County State City Place of Birth Date of Birth i Citizen of United States Yes or No) ( Sex Grade School Completed Yr. High School Jr. College Yr. • Trade School If the applicant is a firm, show the name and business address of the firm; the ~,• name and residence of all directors and officers o£ the firm and their interest therein; the name and residence of the applicant's qualified representative or partner. President Vice Pres: Secretary, Treasurer I am now duly licensed as a Contractor ties I have not been convicted of a misdemeanor or felony during the past five years and • am not presently under a charge of committing a felony or misdemeanor. ~,r. Signature of Applicant State of Florida County of Palm Beach Before me the undersigned authority personally appeared, who after being duly sworn deposes and says that he has read the above and foregoing application and that the matters contained therein are .true and correct, and that he has executed the same for the uses and purposes therein expressed this___.____-_- day of 19 ~ Notary • II Commission Expires: Seal ~~ ro- ro x 0 F F N ~~ (~ ~. ro z 0 F w c b ro z 0 • ~• ~• F F Chapter 10.5 COUNTRY CLUB Charter reference--- i Art. I In General, Sections 10.5-1---10.5-10. Art. II Board of Governors, Sections 10.511---10.5-25: Art. III Manager, Sections 10.5-26---10.5-35. Art. IV Fiscal Year, Budgets and Audits, Sections 10.5-36---10.5-39. Art. I IN GENERAL . Sec. 10.5-1---10.5-10. RESERVED. Art. II BOARD OF GOVERNORS Sec. 10.5-11. CREATION---There is hereby created and.established-a Board of Governors for the North Palm Beach Country Club which is' wholly owned by the Village of North Pa1m.Beach in Palm Beach County,, Florida, to be known and designated as the North Palm Beach.Country CSUb Board of Governors, to be referred to herein ae the ,board of governors. (Ord. No. 91, Sec. 2) ~.....~ Sec. 10.5-12. COMPOSITION; QUALIFICATIONS.---The. board of governors shall be composed of-seven members,. who, in order to qualify for such position must: (1) Be a resident freeholder of the Village, over 21 years of. age, who is not either an•official, officer, or employee'of the village. (2) Hold an annual membership card entitling such person to the privilege of the~North.Palm Bosch Country Club golf course and dining room, or swimming pool andidining room, and must have held such member- ship for 3 period of at least four months prior to his appointment or election. (Ord. No. 91, Sec. 2; .Ord. No. 149, Sec. 1; Drd. No. 151-67; Sec. 1; Ord. No. 217-70, Sec. 1) Sec.'10.5-13: APPOINTMENT: TERM OF OFFICE---(1) Four members of the Board of Governors shall~be appointed by the village council for a term of two years each commencing May^l; with two members' terms expiring in odd numbered years and`two members' terms expiring in even numbered years. • Supp. No. 2 -45- (2) Three members of the Board of .Governors shall he electedr,.by the adult paid members of the North Palm Beach Country Club,fors•a_'term of.two years commencing May 1, with two elected members.'" terms_aexpiring in odd numbered years and one elected member's term expiring in the' even numbered years. (3) At the first regular meeting of the .village council. in3Apri1 of each year the village council shall appoint by resolution.the..proper number of members to the Board-of Governors under the Kerms and condi- tions of this Chapter. (4) On the first Wednesday in April of each year the adult paid members of the North Palm Beach Country Club shall meet.to:electcthe proper number'of members to the Board of Governors under.the terms and conditions of this Chapter. (Ord. No. 91, Secs. 2, 3; Ord. No. 149-67, Sec. 2; Ord. No. 217-70, Sec. 2). Sec. 10.5-14. VACANCIES---Upon. the death; resignation, removal, or failure of any-member~•of the board of governors to .maintain the qualifications set fotth in,Section 10.5-12 of this Chapter, the village council will appoint a qualified succesaor'to serve the remainder of the term of a member appointed by the village council, or will appoint a qualified successor to serve until May 1 for a member of the ,board of governors elected'by the members of the North Palm Beach Country Club. Any vacancy created for a member elected by the membership of the. North Palm Beach~Country Club shall be .filled at.the'meeting held on. the first Wednesday in April of each year to serve the remainder of the term of the disqualified member. (Ord. No. 91, Sac. 2; Ord. No. 217-70, Sec. 3) J Sec. 10.5-18. SERVICE WITHOUT COMPENSATION---Each member.of the board of'governora shall serve without compensation, and shall not be, direct- ly or indirectly, interested in the^profits derived from the operation of the North Palm Beach'Country Club. (Ord. No. 91, Sec. 4) Sec. 10'.5-16.' REPEALED. Editor's Note---Sec. 10.5-16, which concerned the oath of office required"by members of the Board of Governors was repealed by Ord. No. 217-70, Sec. 4. Sec 10.5-17'. REMOVAL; HEARING PROVIDED---.(1), Any member of the board of governors may be•removed from his office for malfeasance, misfeasance; nonfeasance, conflict of interest, or neglect of duty, or for his fail- ure to retain and possess the qualifications for such office specified in Section 10.5-12 of this Chapter. (2) Such removal shall occur only after a hearing before the village council upon written charges made against such member of the board of governors, which written charges shall be filed in the office • Supp. No. 2 -46- of the village clerk. A copy cf such written charges and notice of the • time and place of said hearing shall be served upon. or delivered to. the member ~ of the board of governors sought to be removed at least five. days. prior to the -date of said hearing, at which any. person interested. in .the_ result.thereo£ may offer such evidence. for or against the member-. of-the boardao-charged. and sought to be removed. (3) .If,.after such hearing,.a majority-of the members.. of the village.:council . shall determine in. the exerciae.of their reasonable..diacretion_and:judgment.that .the. charges. are. true,. the member. of the board.of'governora. so charged shall be removed- from. offfce, and a successor appointed. as provided for. in: this Chapter. (4) . Notwithstanding.any- language to the.'contrary, the members appointed by. the Village Council to She Board. of Gouernora. shall serve-at.the-pleasure. of ...the Village Council, and the members..elected_toShe.Board-of Gouernora: may: be removed from. the Board. of Gouernora. at.the pleasure of four-members.. of .the ..Village Council.- (Ord. No. 22-72,_§ 1) . Sec. 10..5-18.. ORGANIZATION.---The Country Club. Manager. shall arrange for a meeting to be held within .the- first ten days.. of May, at. which: time-the.Board..shall.. meet and elect from among its. members a chairman and vice-chairman,: who..shall hold office.for..terma..of one year..thereafter, or..until'.their. successors are elected. The secretary..to.the Board shall be furnished-through..the:officea..af the North Palm Beach. Country. Club- Manager. (Ord. No.. 9.1,. Sec.. 6;_ Ord: No..:217-70, Sec.. 6) ~• . . Sec_- 10.5-19... MEETINGS--- .(1).. The board-of governors. shall hold at-lease.:one. business meeting per: month. to be determined by- vote:of the board,:. which_meeting . . shall take place during evening hours,. except in. the. ev..ent_that an. emergency- exists necessitating that a meeting be held during normal.buaineas hours. :(Ord.. No. 149-87, Seca 4;.Ord._ No. 217-70, Sec..7} ..Sec. 10.5-20..- POWERS,.DUTIES AND. FUNCTIONS.---The board. of gouernors.ahall: (1) Have the. right,. power and authority,. and it shall be.the.duty..of the. board of governors. to advise and. recommend to-the village council .concerning. the.. super-. . vision, control and management over. .the North Palm Beach Country.-Club which shall include the dining facilities, .swimming facilities; and golf course and pro shop operations;. except as modified in this Chapter. (2) .Advise. concerning. reasonable rules. and regulations:for:-the:.:conduct.and operation..o£ the. North Palm Beach. Country- Club , 'and. the. use: of its::facilities. by ..its members and the general public and shall incorporate:these rules. and .regula- lion~ in a written document and present same to .the village council... No such. . rules or. regulations shall be effective until :approved by. resolution:. of the village council and~any amendments. thereto shall likewise be approved- before they are effective . • -47- Supp. No. 4. •., , (3) Advise and recommend the village council concerning.the, appointment of a cou ntry club manager, who shall ba the chiaf'sdmin- ietrative officer of the country club. (4) Advise and recommend to the village council on the advantages ar dlsadvaneagee of any bid proposals for purchases in'exceae of $7.,000 each. (5) Recommend end.adviso the village council concerning khe mem- bership, greens and clubhouse fees ,CO be charged for auch.£acilities at the North Palm Beach Country Club and for any and all'concesaions in connection therewith. All fees shall be set by the village"council only. In recommending the amount of all fees, charges, ate. the board of governors shall take into consideration the coet.of the operation and maintenance and'davelopmenC of the ,North Palm Beach Country,~Club and its faciliCles and shall attempt to recommend such fees ae will provide.. sufficient funds to reduce the coat to the taxpayers of the Village,of North Palm Beach of the operation of the North Palm Beach Country Club. '(6) Shall conduct the election for the thrree members of the Board of Governors who shall be elected by the membership of. the North Palm Beach Country Club;'provided, however, any member of the Board of Gover- nore who has been nominated for ge-election shall not participate in the election procedure except that his presence et the meeting shall be counted is determining that a quorum of the members of,the Soard of Governors ie present to hold ouch a meeting. The election shall be held • eo that nominations shall be made from the floor at a meeting to be called for the first Wednesday in April of each year. Members shall be elected by secret ballot, provided, however, that if only one person ie nominated for the position, the chairman may direct Che secretary of the Board of Governors to cast one ballot for that person and thereby declare him elected. The board shall take all reasonable steps to pro- - perly~advertise the d.ection meeting, and the election shall be conducted ae nearly ae•~poeeible in accordance with Robert's Rules of Procedure. The number of persons to constitute a quorum shall be no_t less than forty (40) persons. (Ord. No. 9l, Sec. 7; Ord. No. 110, Sec. 1; Ord. No. 149, Sec. 3; Ord. No. 217-70, Sec. 6) Sec. 10.5-21---10.5-25. RESERVED. Art. III MANAGER Sec' 105-26'.° APPOINTMENT---QUALIFICATIONS---The council shall appoint a Country Club Manager who shall be the administrative head of tho North Palm~Beach Country Club under the lawe~of the village.as enacted by.tha council, and under general supervision of the council. Ne shall be cho- sen by the council solely on the basis of .hie executive and administra- tive qualifications with special reference to his actual experience in • or his knowledge'of accepted practice in respect to the duties of his office hereinafter set forth. During any vacancy in the of~iee of Country .. Supp. No. 2 -48- Club Manager, the council may designate any competent person, including the Mayor or any member of the council to execute the functions of the office of Country Club Manager. (Ord. No. 217-70, Sec. 10) Sec 10.5-27. TERM OF OFFICE; COMPENSATION---(1) The council shall ap- point and remove the Country Club Manager by a majority vote of its members and the Country Club Manager shall hold office at the pleasure of the council. (2) The Country Club Manager shall receive compensation comnen- surate with his duties as the council shall prescribe by resolution. Any vacancy in the office of Country Club Manager shall be filled by the council at the earliest possible date. (Ord. No. 217-70, Sec. 1) Sec. 10.5-28. POWERS AND DUTIES---The Country Club Manager shall be responsible to the council for the proper administration of all affairs of the North Palm Beach Country Club coming under his jurisdiction, and to that end his powers are and they shall be: (1) To see that the laws, ordinances and resolutions concerning the North Palm Beach Country Club are enforced. (2) To attend the second regular meeting of the Village Council each month and all meetings of the North Palm Beach Country Club Board of Governors. (Ord. No. 10-71, Sec. 1) • (3) To recommend to the council for adoption such measures as he may deem necessary or expedient in the interest of the Village of North Palm Beach Country Club. To keep the council fully advised as to the needs of the Country Club and to submit for its consideration an annual budget. (4) To appoint, suspend or remove all department heads and all employees thereunder. He may authorize the head of a department or office to appoint, suspend or remove subordinates in such department. (5) To advise and consult with the council appointed officers and to make such recommendations to the council with respect thereto, ,as he may see fit. (6) To perform such other duties as the council may prescribe. (7) He shall be the purchasing agent for the. Country Club, by whom all purchases of supplies shall be made, and he shall approve. all vouchers for the payment of same. In the capacity of purchasing agent he shall conduct all sales of personal property which the council may authorize to be sold as having become unnecessary or unfit for the Country Club's use. All purchases and sales shall conform to such regula- tions as the council may from time to time prescribe. Purchasesiof materials or supplies of any nature amounting to Five Hundred Dollars or more shall not be made without the approval of the council after first receiving at least three competitive quotations, and such purchases amounting to One Thousand Dollars or more shall only be made on competi- tive bidding on a public call for bids which shall be opened and accepted Supp. No. 3 - 49 - at public meetings. (Ord. No. 217-70, Soc. 12) 1~ ~ , .. ~.~, .'. Sec. 10.5-29• ANNUAL REPORT TO COUNCIL--•-The•Country Club Manager; shall prepare and submit•'to'the council within thirty days after::the'¢lase of each fiscal year a complete report.of'.the operatlon and administrative activities of the North Palm Beach Country Club for the preceding fiscal year. (Ord. No. ?.17-70, Soc. 13) Neither'the council nor any. of •ita .members. ehail'' dir®nt or request. the appointment of any person to, or his removal from, office.by the Country Club Manager or any of his subordinates,^or°in any manner Cakerpar.t'in the appointment or removal of officers and employees 'in the administrative services of the Country Club. Except for the purpose of inquiry,. the council and its members shall deal with the administratider~eervi¢ea•solely through the Country Club Manager and neither.tha council nor.any,member thereof shall give:ordare to any subordinates-of the 'Country Club Manager, either publicly or privately.. (Ord. No". 217-70,,Sec. 14) Sec. 10.5-31. EOND---The North Palm Beach Country Club Manager. shall be subject to the same°.bonding requirements ae are eet:'forth by the village •council for the•.North Palm Beach Village Manager, as to both .amount of bond, terms of bond and requirements to be bonded. (Ord. No. 217-70; Sec. 15) • Sec: 10.5-32~---10.5-35 .. .RESERVED.. .,. Art. IV ~•FISCAL YEAR, BUDGETS AND AUDITS Sec. 10:5-36:-°FISCAL YEAR--.-The faecal year of the North Pa1m.Beach Country Club shall be .the same as that of the Village; viz: .November 1st of one year to October 31et•of the next succeeding year. (Ord. No. 91, Sec. 8; Ord. No. 217-70, Sec. 16) • Sec.°10.5-37r •FISCAL CONTROL---(1) All fiecal.controL concerning the bountry club shall be handled,tbxough the office of-'the village treasurer and all contracts•for•~the•^purchaee of goods, materials, supplies and equipment shall be let by 'the village council ae other contracts and. purchases of the village are'.handled. (2) All checks,'•vouchere, and"'payment of expenses shall'be.paid through the office of the'^.village•treasurer as all other expenses era' handled by the•village. • (3) All income from the operation of the country club shall be handled through the office of the°village treasurer. Supp. No. 2 -50- (4) All fiscal records concerned with the operation of the country club shall be kept by the office of the village treasurer, (Ord. No. 149-67, Sec. 3) Amendment note---The transfer of fiscal control from the country club to the office of the village treasurer became effective as of November 1, 1967, as set forth in Ordinance No. 149-67. Sec. 10.5-38. BUDGET---PREPARATION---(1) each year, the country club manager shall his estimate of receipts and expenditures year, statement of the amount of supplies date of the preparation of said estimate, may be required by the village council, a charter of said village and Ordinance No. On or before August 1st of deliver to the village council for the:•next ensuing fiscal and materials on hand at the and such other information as L1 as provided for by the 69. (2) The village council in its annual budget may appropriate such additional funds from the general fund of the village as in its sole discretion shall be necessary and proper for the operation of the country club, if the estimates of income and expense submitted as set forth above indicate an operating deficit for the country club, (Ord. No. 91, Sec. 8; Ord. No. 149-67, Sec. 3; Ord. No. 217-70, Sec. 17) Sec. 10.5-39. REPEALED. Amendment note---Section 10.5-39 was repealed by Ordinance No. 217-70, Sec. 18. ~' Sec. 10.5-40. DELINQUENT ACCOUNTS---PENALTIES---(1) 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 percent of the amount due for each thirty days the account is past due on all accounts where the past due indebtedness is Ten Dollars or more. (2) Effective November 1, 1971, all past due membership fees at the country club shall carry a penalty of one and one-half percent of the amount past due for each thirty days the membership fee is past due on all accounts where the past due indebtedness is Ten Dollars or more. (Ord. No, 9-71, Sec. 1) (3) All future* billings for membership fees and for goods or services purchased at the country club shall contain information ad- vising the customer of the penalty charge for late payment, with at least a thirty-day notice of such penalty. (4) In addition to the penalties set forth in subsections (1) and (2) above, any person whose account for membership fees or. for goods and services purchased at the country club is delinquent for sixty days or more shall have his membership privileges suspended at the country club and shall no longer be entitled to purchase goods and services on • credit at the country club until he has brought his account current. (Ord. No. 211-70, Sa:. 1) *Editor's note---Ordinance No. 211-70, from which Section 10.5-40 was derived, was enacted on July 23, 1970. Supp. No. 3 -50.1- L L Amendment. Note---Ordinance No. 211-7D, from which Section 10.5-40^wae~ derived,••d3d••not~;apecifically amend th'e Code. and~hae been'codified~ae such section in"the discretion of the editors. Supp. No. 2 _50.2 Chapter 11 DOCKS AND WATERWAYS Cross reference---Bulkhead Lines, Chapter 7 Art. I In General, Sections 11-1---11-10 Art. II Village Boat Launching Area, Sections 11-11---11-20 Art. III Construction Requirements, Sections 11-21---11-40 Art. IV Offenses, Sections 11-41---11-60 Art. I IN GENERAL Sec. 11-1. DEFINITIONS---(1) Boat. Boat is any watercraft, including seaplanes when not air-borne, in or upon, or docked or moored at any place in any waterway within the boundaries of the village. (2) Waterway. Waterway is any waters, waterway, lake, river, tri- butary, canal, lagoon or connecting waters within the boundaries of the village. (Ord. No. 212-70, Sec. 2) Amendment note---Ordinance No..212-70, Section 2, from which • Section 11-1(1)(2) was derived, did not specifically amend the Code and has been codified as such section at the discretion of the Editors. Art. II .VILLAGE BOAT LAUNCHING AREA Sec. 11-11. DESIGNATED; USE---BY WHOM_---The board launching area which is leased liy the village from North Palm Beach Utilities, Inc. by instrument dated May 10, 1960, and more particularly described in Resolution No. 81 of the village council, shall hereafter be known as the village boat launching area, and shall at all times be used solely and exclusively for recreational purposes by village taxpayers or residents. (Ord. No. 87, Sec. 1) Sec. 11-12. REPAIRS PROHIBITED---At such boat launching area no repair work upon boats, boat trailers, or other boating equipment shall be permitted with the exception of minor repairs or adjustments essentially necessary to make such boat, trailer or equipment operable or trans- portable to a professional facility devoted to such repair service. (Ord. No. 87, Sec. 2) • Supp. No. 3 -51- • Sec. 11-13. PERMITS---WHEN REQUIRED---At such boat Launching area no boats or boat trailers shall be allowed to remain more than twenty-four hours unless a written permit therefor has been secured from the village manager. Such permits shall be issued upon such reasonable regulations and upon such cost as shall be .determined from time to time by the village council. (Ord. No. 87, Sec. 3) Sec. 11-14. ABANDONED BOATS AND EQUIPMENT---DISPOSITION---(1) Effective February 1, 1964, it shall be presumed that the owner of each boat, each boat trailer, and each piece of boat equipment found on said boat launching • Supp. No. 1 -51.1- area as to which there is not then outstanding a currently effective permit issued under Section 11-13 of this Chapter, has abandoned such boat, boat trailer, or piece of boat equipment. (2) Thereupon, it shall be lawful for the village, through its officers or employees, to remove such abandoned material from said area, destroying that which is junk and disposing of all other material 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. (Ord. No. 87, Sec. 4) Sec. 11-15. SAME---RECOVERY---At any time within ninety days after the disposition of any boat, boat trailer or equipment under Section 11-14 of this Chapter, the owner, or any person having any alleged interest in such disposed of property, may, upon making proof of such ownership ~, or interest, recover back from the village the proceeds of the sale, less all the expenses of caring for, moving, advertising and making such sale. (Ord. No. 87, Sec. 4) Sec. 11-16---11-20. RESERVED. Art III CONSTRUCTION REQUIREMENTS Sec. 11-21. CANAL CONSTRUCTION---REGULATED---All canals for navigation • and/or drainage purposes to be dug or constructed within the corporate limits of the village, either in whole or in part, whether or not said canal is dedicated to the public, shall be subject to the requirements set forth in this Chapter. (Ord. No. 118-65, Sec. 1) Sec 11-22 SAME---NAVIGATION CANAL REOUIREMENTS---Canals which may be used for navigation shall have a minimum width of eighty feet face to face of bulkheads constructed on the sides thereof, with the exception of the bottom profile requirements dictated by the bulkhead design, all such canals shall have a minimum bottom elevation of -8.0 feet mean sea level. (Ord. No. 118-65, Sec. 1) Sec 11-23 SAME---DRAINAGE CANAL REQUIREMENTS_---Canals which are con- structed or dug for drainage purposes only arru which may be used for drainage purposes only shall be of the width required to provide sufficient cross section for drainage requirements and shall have a minimum bottom elevation of -8.0 feet mean sea level. The determination of whether or not the intended use of a canal is for drainage purposes onlyishall be set forth on the dedication of a plat if such canal is included in.a platted area, and such determination for canals in unplatted areas shall be made by the village building inspector. The village building inspector • - 52 - shall determine that a canal has been constructed for drainage purposes only if said canal cannot be used for navigational purposes by virtue of its width, other construction features or by virtue of inability of boats to travel thereon continuously to open water. (Ord. No. 118-65, Sec. 1) Sec 11-24 SAME---GENERAL REQUIREMENTS---(1) All canals shall be pro- vided with reinforced or prestressed concrete bulkheads which shall meet the requirements of the village building code and the village ordinances concerning zoning as they are concerned with bulkheads. (2) All canals to be constructed in areas proposed to be platted shall meet the requirements of Chapter 36 of this Code and amendments thereto, and must be approved as part of the plan of development of the proposed platted area. (3) Canals to be constructed in unplatted areas shall meet the requirements of the village building code and all ordinances of the village relating to zoning, and plans for the construction of any canal must be approved by the engineers of the village prior to the issuance of a building permit for said canal. (Ord. No. 118-65, Sec. 1) Sec 11 25 CANAL CROSSINGS---REQUIREMENTS---All roadway crossings for all proposed canals for navigation purposes or for navigation and • drainage purposes shall have a"minimum vertical clearance of sixteen feet above mean high water and a minimum horizontal clearance of twenty feet face to face of piling or bulkhead. Plans for all crossings of navigation canals or navigation and drainage canals shall be submitted to the village engineers and must be approved by them in writing prior to being con- structed. (Ord. No. 118-65, Sec. 1) Sec. 11-26. BULKHEAD AND SEAWALL CONSTRUCTION---REGULATED- - All bulkheads or sea walls to be constructed within the corpora~e limits of the village shall meet the requirements set forth in this Chapter. (Ord. No. 118-65, Sec. 2) Sec. 11-27. SAME---SUBMISSION OF PLANS AND SPECIFICATIONS---Plans and specifications for any bulkhead or sea wall to be constructed within the corporate limits of the village shall be submitted by an engineer registered in the State of Florida and shall bear his certification and seal on the face thereof. (Ord. No. 118-65, Sec. 2) Sec 11-28 SAME---REOUIREMENTS---All bulkheads and $ea walls to be henceforth constructed shall be of reinforced or prestressed concrete construction and shall be subject to the following minimum requirements: (1) All materials and construction methods utilized in the con- • struction shall conform to the applicable portion of the latest Florida - 53 - State Road'Department standard specifications. (2) Bulkheads and sea walls may be of either the king pile-and- f slab type or of the tongue-and-groove-concrete-sheet-pile type or o any other type which contains comparable or better qualities for the purposes of bulkheads or sea walls, depending upon the recommendation of the designing engineer. All bulkheads and sea walls shall be capped with a continuous reinforced concrete cap a minimum of ten inches in depth and fifteen inches in width and shall be provided with a two-inch chamfer on the top edges of the cap. All bulkheads or sea walls shall be of the anchored type using a suitable tie-back system. The bulkhead cap shall be placed at elevation S.5 feet mean sea level, or shall conform to the elevation of the bulkhead caps in existence on adjacent property insofar as possible. Special exceptions to this elevation requirement may be granted if the installation is in connection with commercial or industrial development. (3) All reinforcing steel shall be provided with a minimum of . two and one-half inches of concrete cover. Exposed steel and anchors, tie rods, etc. shall be coated with a protective coating of an approved type to prevent corrosion. (4) All exposed concrete shall be troweled or rubbed smooth prior to setting whether concrete is cast in place or precast con- struction. (5) Plans submitted for the construction of bulkheads and sea • walls shall contain a cross section of the proposed channel on the canal side of the bulkhead wall. (Ord. No. 118-65, Sec. 2) Sec. 11-29. SAME---PERMIT FEE REQUIRED---All applications for permits for bulkheads or sea walls shall be subject to a permit fee equal to $3.00 per $1,000.00 of estimated construction cost, which sum shall be payable upon application for permit. (Ord. No. 118-65, Sec. 4) Sec 11-30. SAME---INSPECTION REQUIRED---After issuance of a con- struction permit and commencement of construction on any sea wall or bulkhead, the work shall be subject to the following inspection re- quirements by the building inspector of the village: (1) The village building inspector shall be present during the first installation of king pile or support sheet and shall inspect the site prior to back filling any .anchors or tie rods and before pouring any cast-in-place construction and before final cap pouring. (2) All precast prestressed section shall be certified by the manufacturer to the effect that the section is in conformance with the plans and specifications accompanying the permit, and copies of said certification shall be furnished to the building inspector. (Ord. No, 118-65, Sec. 4) • - 54- • Sec. 11-31. SURETY BOND PREREQUISITE TO ISSUANCE OF BUILDING PERMIT IN CERTAIN CASES--- (1) Before a building permit ie issued for the digging or construction of a canal in an unplatted area or in an area where said canal is not to be dedicated to the gublic, the applicant for such permit shall furnish a surety company bond satisfactory to the village council, guaranteeing that within twelve months from the date of the permit the construction of the canal, together with the bulkhead or sea wall requirements set forth herein, shall be entirely completed in full accordance with the approved plane submitted under this Chapter, and copies of these regulations shall be attached to and constitute a part of the bond agreement . (2) No permit shall be issued for the construction or digging of any such canal without ouch bond. r: (3) Extensions of the bond required herein or waiver of such bond may be made by the village council where it is determined by the council that the financial resources and the integrity and reliability of the applicant for permit is satisfactory and acceptable to the village council and such bond is not nec- essary for the performance of the terms of this Chapter. (Ord. No. 118-65, Sec. 1) Sec. 11-32. DOCKS AND PIERS---DEFINITIONS---(1) Private Dock. Private dock is one which will be used by the owner, his family, and occasionally by family friends and shall be constructed only in R-1 and R-2 Zoning Districts. (2) Commercial Dock. A wharf, dock or pier facility for tenants of hotels, apartment houses, condominiums and for commercial uses and shall be con- structed only in zoning districts other than R-1 and R-2. (3) Wave Break. Structure designed only to break up waves or boat wakes. Not to be used for mooring or docking boats. (4) Pier. A dock that extends more than five (5) feet perpendicular to a bulkhead or shoreline. (Ord. No. 3-71, Sec. 2) (5) Batter Pile. Pile that is designed and installed on a elope other than vertical in order to resist horizontal as well se vertical forces . (Ord. No. 1-73) Sec. 11-33. SAME---IN GENERAL---(1) Docks, piers and other approved structures shall be owned and constructed only by upland land owner. (2) Boat davits and other boat lifting devices shall require a building permit . (3) Docks, piers and other waterside structures shall require a building permit. (Ord. No. 3-71, Sec. 2) tec. ll-34. SAME---MINIMUM DESIGN REF sun, wind or REV 7/31/73 covering to -55- MENTS---(1) Coverings. Any over a dock or pier shall '~• require a permit and shall be classified a canopy and shall meet the building code as such . (2) Decking Elevation. The main deck of a dock or pier shall be placed at a minimum of 3.5 feet above mean aea level. The steps from the ground or bulkhead cap shall not exceed ten (10) inches for each step. (3) Wave Break Bottom wave breaking stringer shall not extend below mean low water. (4) Floating Docks. Free standing piling for floating docks shall be a minimum schedule 40, six (8) inch diameter, pea rock concrete filled steel pipe or si.x (8) inch plastic pipe Filled with pea rock concrete and two equally spaced #4 reinforcing bars, suitably tied. Attaching rings shall be steel or chain. Smaller piling may be allowed when properly structurally designed. (5) Construction Material. (a) Pilin 1. Minimum bottom penetration to be four (4) feet. I• 2. Concrete piling to be minimum 6" x 6" or 6" diameter reinforced ~'~' with 4 #5 rods with #2 hoops eight (8) inches on center. 3. Wood piling to be minimum eight (8) inch butt diameter, creosoted or Greenliart with suitable cap . 4. All piling to be set a maximum of ten (10) feet on center for timber deck construction. If prestressed concrete stringers or decking is used, plane shall be submitted Lo the Building Department for approval. (b) Stringers and bracing, if lumber, shall be minimum 2" x 6" (c) Decking. If lumber, shall be minimum 2" by 4", or if smaller, proper spacing and lumber grade to be structurally adequate. (d) Fasteners. 1. All bolts, nuts, washers and nails shall be hot dipped galvan- ized or zinc plated or equal. ~ 2. Stringers and braces to be fastened with minimum 1/2" bolts. (e) All dock lumber to be pressure treated or equal. (f) All concrete to be a minimum strength of 3500 psi in 28 days. REV 7/31/73 -55.1- (g) If dock is to be supported by a bulkhead, 4" x 4" blocks or equal shall be bolted to bulkhead wall. Stringer to be bolted to 4" x 4" blocks. (8) Docks and piers of other design and material may be permitted when structurally equivalent to the above. (7) .All commercial docks and piers to be designed by a Florida Regis- tered Professional Engineer. (8) All docks and piers to be constructed in Lake Worth and the Atlantic Ocean shall be of reinforced concrete construction and be faxed docks and piers. (8) Dolphins and Tie Poles. (a) Bottom penetration to be minimum of four (4) feet. (b) Materials and construction to be the same as dock and pier pilings. (10) All fixed docks and piers to be constructed in commercial marinas shall be concrete or equal. (• (11) Batter Piles. (a) To be designed by a Florida Registered Professional Engineer. (b) To be constructed of prestressed concrete. (c) A building permit shall be required prior to construction for all batter piles . (d) Batter piles shall be installed only under the following conditions: (1) Obstructions prevent use of standard tiebacks and anchors to reinforce bulkheads. (2) Existing bulkhead has failed or is in danger of failing. (3) Not to be used in the construction of new bulkheads. (e) Base of batter pile shall extend a maximum of five (5) feet from the waterside face of the bulkhead. (f) REPEALED. (Ord. No. 4-74, 4 1) Sec. 11-35. SAME---REGULATIONS GOVERNING CONSTRUCTION IN WATERS OTHER THAN LAKE WORTH AND ATLANTIC OCEAN---All docks or other REV . 8/30/74 -55.2- i• ./ approved structures to be constructed waterside of bulkheads or land in the lagoons, waterways or other bodies of water in the Village of North Palm Beach, other 4han the waters of Lake Worth and the Atlantic Ocean, shall be constructed in accordance with the following requirements and regulations: (1) Prior to permit being issued by the Village, a permit shall be obtained from such other authority that has a vested interest in the waterway. (2) Construction waterside of any lot having 50 foot or less frontage on the water: (a) Docks shall not be placed within five (5) feet of the side property line extended. (3) Construction waterside of any lot having greater than 50 foot frontage on the water: (a) Docks shall not be placed within ten (10) feet of the side property line extended. (4) Docks shall extend a maximum of five (5) feet out from the face of the bulkhead wall. (5) Piers not exceeding six feet in width may extend waterside a maximum of fifteen feet in lagoons, twenty feet in the North Palm Beach Waterway and Prosperity Harbor, twenty-five feet in West Lake, North Lake and the Earman River; provided, however, that a pier may extend waterside a maximum of fifty-five feet when connected with a commercial marina operation in a commer- cial zonrd piece of property so long as said construction leaves a minimum clear water distance of forty feet between the pier and any opposite bulkhead or other water structure which has been constructed in accordance with Chapter 11 of the Village of North Palm Beach Code. No pier shall be located closer to the side property line extended than its extension waterside." (Ord. No. 6-73) (G) In lagoons, dolphin poles, wave breaks, mooring posts, mooring buoys or floating anchors shall be placed a maximum of twenty (20) feet REV 7/31/73 -55.2a- from the face of the bulkhead or the shore. Wave breaks shall be allowed only at lagoon entrances opening into Lake Worth. (7) In the North Palm Beach Waterway and Prosperity Harbor, dolphin poles, mooring posts, mooring buoys or floating anchors shall be placed a maximum of thirty (30) feet from the face of the bulkhead or the shore. (S) In the Earman River, dolphin poles, wave breaks, mooring posts, mooring buoys or floating anchors shall be placed a maximum of forty (40) feet from the face of the bulkhead or the shore. Wave breaks shall be allowed only at the entrance m Lake Worth. (9) In West Lake and North Lake, dolphin poles, mooring posts, mooring buoys or floating anchors shall be placed a maximum of fifty (50) feet from the face of the bulkhead or the shore. (10) Dolphin or mooring post location shall be determined by the Building Department. (11) In no instance shall any structure extend more than 25% of the width of the water. (Ord. No. 3-71, Sec. 2) • Sec. 11-36. SAME---REGULATIONS GOVERNING CONSTRUCTION IN LAKE WORTH AND ATLANTIC OCEAN---All piers, docks or other approved structures to be constructed waterside of the bulkhead line or land of the Village in ~'' Lake Worth, or the mean low water mark of the Atlantic Ocean, shall meet the following regulations and requirements: (1) The design of any pier to be constructed under the provisions of this ordinance shall be performed by an engineer registered in the state, and detailed construction drawings shall be submitted bearing the certification and seal of such engineer. (2) Prior to permit being issued by the Village, a permit shall be obtained from such other authority that has a vested interest in the water- ways. Nothing contained in this ordinance shall be construed to affect the rights or obligations connected with spoil areas located in Lake Worth within one hundred feet lakeward of the bulkhead line referred to above and the granting of a permit by the Village does not release the applicant from personally determining what, if any, effect such spoil areas may have upon any construction done in accordance with this ordinance. (3) No pier shall extend beyond a line fifty feet waterside from and parallel to the bulkhead line of the Village. ~ (4) The centerline of all piers shall be on a uniform alignment. • (5) Piers may be constructed with ~~L~~ heads of twenty-five feet or "T" heads of fifty feet. A finger pier shall not exceed twenty-two feet in Length and a maximum of six feet and a minimum of three feet Supp. No. 3 -55.3- in width. It shall not extend in any direction beyond the main pier. (B) No point on any pier shall be closer than twenty feet to either aide property line projected along a line parallel to the pier centerline or closer than forty feet to any part of another pier. (7) All piers shall be constructed with all major components includ- ing piling, beams, decks, etc., constructed of reinforced concrete. Piero shall have a maximum width of ten feet, and a minimum width of six feet. (8) Dolphins or mooring poets may ba installed adjacent to piers, with location to be determined by the Building Department. (9) Construction waterside oP any lot having 50 feet or less frontage on the water: (a) Docks shall not be placed within five feet of the aide property line extended. (10) Construction waterside oP any lot having greater than 50 feet frontage on the water: (a) Docks shall not be placed within ten feet of the aide property ~~-- line extended. (11) Wave breaks shall not be allowed. (Ord. No. 3-71, 4 2) Sec. 11-37---11-39. RESERVED. Sec. 11-40. EROSION CONTROL STRUCTURES---(1) Definition. Erosion control structures are seawalls and/or groins designed to control and prevent erosion of existing land masses which lie outside established bulkhead lines or property lines in waterways, lakes, rivers, lagoons or other bodies of water in the Village of North Palm Beach. (2) Permitted. Erosion control structures shall be permitted to be constructed in The Village of North Palm Beach only where land masses exist waterward of any property line or bulkhead line in the Village of North Palm Beach and within the rights of way of any waterway, lake, river, lagoon or other body of water in the Village of North Palm Beach other than the Atlantic Ocean. Erosion control structures shall be permitted when the Village Engineer and Village Council determine that • such structure is necessary to prevent a land mass as described above from eroding into the adjacent body of water. (3) Construction. Construction plane and location of erosion control structures AFV Riani7a -55.4- shall be prepared by a Florida Registered Engineer and be approved by the Village Engineer. Prior to a permit being issued, permits shall also be obtained from any other authority having a legal interest in the waterway, lake, river, lagoon or other body of water involved. (4) Control. Every erosion control structure shall be owned and maintained by the Village and shall be altered or removed under the authority and decision of the Village Council. Erosion control structures may be constructed by upland land owners under the supervision of the Building Official of the Village of North Palm Beach. All erosion control structures shall meet the minimum design requirements set forth in this chapter„ including permits, fees, surety bonds, minimum design requirements and other regulations. (Ord. No. 4-74, § 2) Art. IV OFFENSES ~• • REV. 6/30/74 -55~5- Sec, 11-41. RECKLESS OPERATION OF BOATS---No person shall operate a boat in a reckless manner, or at an excessive rate of speed so as to endanger, or be likely to endanger, the life or property of any person, having due regard for the presence of other boats, or persons, or other objects in or on a waterway. Nor shall any such person operate any boat at a rate of speed which causes waves to damage docks, wharves, seawalls, or boats moored to docks or wharves along a waterway (Ord. No. 50, Sec. 1; Ord, No. 212-70, Sec. S) Amendment note---Ord. No. 212-70, Section 5, from which Section 11-41 was derived, did not specifically amend the Code and has been codified as such section in the discretion of the Editors. Sec. 11-42. REPEALED Amendment note---Section 11-42, which concerned the creation of wakes, was: automatically repealed by Ordinance No. 212-70 by'including the subject matter in Section 11-41. Sec. 11-43. SPEED LIMIT---No person shall operate a boat at a speed in ezcess of five miles per hour in any of the waterways within the • corporate limits of the village, with the exception of the waters of Lake Worth and the Intracoastal waterway, except in cases of fire or extreme emergency. (Ord. No. 50, Sec. 3; Ord. No. 212-70, Sec. 6) Amendment note---Ord, No. 212-70, Section 6, from which Section 11-43 was derived, did not specifically amend the Code and has been codified as such section in the discretion of the Editors. Sec. 11-44. SWIMMING IN RESTRICTED WATERS---No person shall engage in swimming in any waters lying within one thousand feet of the inter- section of the Earman River and the North Palm Beach Waterway. (Ord, No. S0, Sec. 4) Sec. 11-45. MUFFLER REQUIRED---No person shall operate a boat with outboard motor or with' nboard motor unless quipp d with an adequately muffled exhaust. Nor shall any such person se an siren or other noise producing or noise amp ying in strum t o boat in such manner that the peace and goo or //~~e. ei~,orhood is disturbed. Provided, however, that nothi s"~s~ ion shall be construed to prohibit the use of whistl s, s or as signals as required by the United States Motorboat Act oth ~ deral law for the safe navigation of motorboats or vessels q (0 d. o. 50, Sec. S;.Ord. No. 212-70; Sec. 9) ~ ~ ~ r Amendment note---Ord. No. 212-70, Section 9, from which • Section 11-45 was derived, did not specifically amend Supp. No. 1 -56- the Code and has been codified as Section 11-45 in the discretion of the Editors. Sec. 11-46. LICENSE COMPLIANCE---No person shall operate a boat unless properly licensed as required by applicable State and Federal laws and regulations. (Ord. No. 212-70, Sec. 3) Sec. 11-47. U. S. COAST GUARD REGULATIONS---No person shall operate a boat which does not meet all applicable equipment requirements of the United States Coast Guard. (Ord. No. 212-70, Sec. 4) Sec. 11-48. EXHIBITION BOATS EXEMPTED---The provisions of this Article shall not be construed to prohibit the running of racing or exhibition boats, muffled or unmuffled, during a publicly:announced and supervised and adequately patrolled regatta or speed trial or exhibition. (Ord. No. 212-70, Sec. 7) Sec. 11-49. OPERATING UNDER INFLUENCE OF ALCOHOLIC BEVERAGES AND NARCOTICS---No person shall operate a boat while under the influence of intoxicating Liquor, narcotic drugs or opiates. (Ord. No. 212-70, Sec. 8) • Sec. 11-50. WATER SKIING---No person shall water ski in any of the waterways located within the corporate limits of the village. Nor shall any person operate any boat for towing a person on water skis in any of the waterways located within the corporate limits of the village. Provided, however, that nothing in this section shall be construed to prohibit water skiing in the waters of Lake Worth or the Intracoastal Waterway. (Ord. No. 212-70, Sec. 10) Sec. 11-51. DISTURBING OTHER BOATS---No person shall operate a boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupants of any other bbat, or throw up a dangerous wake when approaching another boat. (Ord. No. 212-70,' Sec. 11) Sec, 11-52, USE OF SEARCHLIGHTS---No person operating a boat shall use searchlights indiscriminately or in such manner as to annoy or disturb other persons or boats. (Ord. No. 212-70, Sec. 12) Sec. 11-53. ABANDONED BOATS---Every boat in a waterway which is abandoned or unseaworthy, or sinks, grounds, or becomes otherwise disabled, is hereby declared to be a nuisance and the person in charge thereof shall abate such nuisance within ten days after notice from the director of public safety. (Ord. No. 212-70, Sec. 13) • Supp. No. 1 -56.1- • Sec. 11-54. AUTHORITY TO BOARD---Any member of the department of public safety shall have authority to board any boat in violation of this Article, or which becomes a menace to navigation, and move or cause it to be moved to another location and he shall have the right to hold such boat for the payment of costs incurred in its removal or storage. (Ord. No. 212-70, Sec. 14) Sec. 11-55. LIGHTS DURING NIGHTTIME---No person in charge of any boat in operation in any waterwayror moored at any wharf, dock or pier shall allow the same to operate or to remain during the nighttime unless properly lighted in compliance with any applicable U. S. Coast Guard regulations. (Ord. No. 212-70, Sec. 15) Sec. 11-56. MOORING AT PRIVATE DOCKS WITHOUT PERMISSION---No person shall moor a boat at a private sea wall or dock or beach it upon private property within the village without the permission of the owner thereof. (Ord. No. 212-70, Sec. 16) Sec. 11-57. OBSERVANCE OF VILLAGE HEALTH AND CONDUCT RULES---No person in~charge of or occupying boats docked at or moored to land, docks, piers or ~.h arves abutting waterways shall fail to observe all the health and sanitary regulations of the village, and all ordinances of the • village relating to the conduct~•of persons and prohibiting acts contrary to public health, morals, safety or public peace. (Ord. No. 212-70, Sec. 17) v. Sec. 11-58. CLEANLINESS OF DOCKS---Persons in charge of or occupying boats shall at all times keep the docks, seawalls and premises adjacent to such watercraft in a neat and orderly manner and free from trash, rubbish, repair parts, machinery, equipment and debris of all kinds. (Ord. No. 212-70, Sec. 18) Sec. 11-59. GARBAGE DISPOSAL---No person in charge of or occupying a boat shall dump or throw garbage, paper, bottles, cans, refuse or debris into waterways. Persons in charge of boats moored or docked in the waterways shall provide garbage cans of sufficient size to hold garbage and refuse. (Ord. No. 212-70, Sec. 19) Sec. 11-60. HOURS FOR RUNNING ENGINES IN RESIDENTIAL DISTRICTS--- No person shall run or operate any boat engine for the purpose of charging batteries, running auxiliary equipment or testing between the hours of 10:00 P.M. and 8:00 A.M. (Ord. No. 212-70, Sec. 20) i Amendment note---Ordinance No. 212-70, from which Sections 11-46 through 11-60 were derived, did not specifically amend the Code, and has been codified as such sections in the discretion of the Editors. Supp. No. 1 -56.2- Chapter 12 ELECTIONS Charter reference--- Editor's note---By Resolution No. 308-67 the village council adopted the permanent registration system of Palm Beach County, Florida; pursuant to Chapter 98.091, Florida Statutes, Laws of 1965. All refer- ences to supervisor of registraion or supervisor in this Chapter shall refer either to the supervisor of voter registration of Palm Beach County, Florida or to his appointed deputy permanently located at the village hall of North Palm Beach, Florida, as the context of this Chapter or Chapter 98, Florida Statutes, may require. Sec. 12-1. APPLICABLE STATE LAW5 ADOPTED---For the purpose of providing for any contingency not covered by this Chapter, the, provisions of the General Laws of the State of Florida relating to electors and elections so far as the same may be applicable and not inconsistent with .this Chapter are adopted as a part hereof. (Ord. No. 42, Sec. 73) Sec. 12-2. SALE OF INTOXICATING BEVERAGES PROHIBITED---The sale of all • intoxicating beverages, whiskey, wine and beer, shall be prohibited on any election day whether general or special., between the hours of 7:00 a.m. and 7:00 p.m., and all bars and package stores and other places '" selling intoxicating beverages within the village shall be required to strictly comply with the provision of the law. (Ord. No. 42, Sec. 71) .. Sec. 12-3. WHO ARE QUALIFIED ELECTORS---Any person who has reached the age of twenty-one years who shall, at the time of the election at which such person may tender his or her vote, be a citizen of the llnited States and of the State of Florida, and shall have resided within the corporate limits of the Village of North Palm Beach for a period of more than six months preceding said elections, and shall have complied with the ordinances of the Village of North Palm Beach relating to the registration of electors therein, and shall have complied in all other respects with the provisions of the laws of the State of Florida and the Constitu- tion of the State of Florida, shall be entitled to vote in any municipal election of said village and shall be deemed a qualified elector at any such election held under and pursuant to the authority and laws of the Village of North Palm Beach. (Ord. No. 42, Sec. 1) Sec. 12-4. PERSONS NOT OUAL_IFIED TO VOTE---The following perbons are not entitled to vote, to wit: a. Persons not registered -57- J• b. Persons under guardianship or confined in any state prison c. Persons insane or idiotic d. Persons convicted of any felony by any court of record ~,,.~ ~~h~~P r;v;l r;ohts have n.ot been restored e. Persons convicted of bribery, perjury, larceny or any infamous crime in this or other states, or interested in any wager depending upon the result of any election. (Ord. No. 42, Sec. 2) • r..> Sec. 12-5. FREEHOLDER DEFINED---Any person is deemed a freeholder who has an immediate ownership, interest or equity in the title to a fee simple estate in land situate in the Village of North Palm Beach. (Ord. No. 42, Sec. 9) Sec. 12-6. SAME---REGISTRATION---The supervisor of registration shall require every person registering to state under oath or affirmation whether he is a freeholder and record i't opposite his name in the registration books. The village council may at any time call for a registration of freeholder electors for the purpose of securing a new and up-to-date list of freeholders to be used for qualifying freeholder electors to participate in any election called for the purpose of approving the issuance of bonds of the village or for the purpose of approving an act with reference thereto. The latest list of re-registered, qualified freeholders shall supersede prior lists and. in any bond election held after a re-registration of freeholders, the power to issue bond shall be based upon the approval by a majority of votes cast in an election in which a majority of re-registered freeholders who re-registered and are qualified shall participate. The village council shall be respon- sible for calling for such re-registration, notifying the supervisor, and shall publish the calling of such re-registration in a newspaper of general circulation in the village and once eac_h.week for four consecutive weeks, stating the purpose and use of such re-registration. The regis- tration books shall be kept open for at least sixty days and closed at least twenty days prior to the holding of any bond election at which time. a certified number of re-registered freeholders shall be available as provided by law. (Ord. No. 42, Sec. 10) Sec. 12-7. SAME---PROOF REQUIRED---Qualifications and registration of electors participating in any bond election are the same as prescribed in voting in any election under the general election law and in addition they shall submit proof by affidavit, tax receipt, deed or certified copy of deed before the registration officer that they are freeholders who are qualified electors residing in the village. (Ord. No. 42, Sec. 11) ec. 12- OF ---TERM OF OFFICE--- il shall be by groups - 58 - to be known as Groups 1, 2, 3, 4 and 5. The councilmen in Groups 1, 3 and 5 shall be elected in the even years and councilmen in Groups 2 and • 4 shall be elected in the odd years. (2) 'Phe term of office of councilmen shall commence on the First Monday in April and shall continue for two years thereafter and until 'their successors are elected and qualified. (Ord. No. 42, Sec. 35) Editor's note---That portion of Ordinance No. 42, Section 35, which set forth the term of office of councilmen elected at the first election .in the village has been omitted from this Code at the discretion of the editor. Sec. 12-9. METHOD OF DETERMINING PERSON ELECTED---The candidate for each group receiving the highest vote cast for such office shall be deemed elected to such office. In the event of a tie vote between candidates receiving the highest number of votes cast for any office, the names of all such tied candidates shall be placed on the ballot and be voted upon at an ensuing runoff election to be held on the succeeding Tuesday. Such election shall be held in the same manner and by the same officers holding the previous election. No notice need be given of such election or of any other runoff election. In the event of such runoff election, there shall appear on the ballot, and be voted upon, only the names of the two persons receiving the highest vote cast for such office or offices. (Ord. No. 42, Sec. 36) • l annual h e genera Sec. 12-10. DATE OF GENERAL AND RUNOFF ELECTIONS---T election in the village shall be held in the village on the thir Tues- day in March o.f each year, and special runoff election shall be held on the fourth Tuesday of March in each year. (Ord. No. 42, Sec. 15) Sec. 12-11. SPECIAL ELECTIONS---WHEN HELD---Special elections shall be held for such purposes as may be required and as provided for by law. (Ord. No. 42, Sec. 16) Sec. 12-12. BOND ISSUE DEFEATED NUT TU riE KEI.NLLt~ll tVx H rnaliru ~~ ~~~~ MONTHS---If any bond election is called and held for approving the issu- ance of bonds for a particular purpose and such election shall not result in the approval of the bonds, then no other election for the approval of bonds for the same purpose shall be called for at least six months, provided that this section shall not prohibit the calling of another election for the approval of bonds for the same purpose when the bonds were not approved because of the fai'.ure of a majority of the freeholders qualified to vote to participate in the election. (Ord. No. 42, Sec. 72) Sec. 12-13. NOTICE OF GENERAL ELECTIONS---The village clerk shall cause - 59 - to be published at least fifteen days next preceding any general election, once, in a newspaper of general circulation in the village, a notice stating the date of such election, the offices to be filled, and the time and place where such election shall be held; and if there be one or more propositions to be voted upon, state in substance the character of the propositions to be voted upon. In addition, such notice shall be given by posting a copy thereof in at Least three public and conspicuous places in the village, one of which shall be the bulletin board in the village hall. (Ord. No. 42, Sec. 17) Sec. 12-14. NOTICE OF SPECIAL ELECTION---Whenever any special election for any purpose is required to be held, the village council shall, by resolution, declare on what day the same shall be held, whereupon notice thereof shall be published in one or more newspapers of general circu- lation in the village and not less than thirty days or more than sixty days prior to said election. Notice shall also be given by posting within said time copies thereof in three public and conspicuous places in the village, one of which shall be the bulletin board of the village hall. .Such notice shall state the date upon which the election is to be held, the vacancies to be filled or the purpose or purposes for which such election is to be held, as the case may be. (Ord. No. 42, Sec. 18) Sec. 12-15. POLLING PLACE---DESIGNATED---The polling place of the village shall be as hereinafter designated from time to time by the village • council. (Ord. No. 42, Sec. 19) ~ Sec. 12-16. SAME---HOURS OPEN---The polls shall be open at 7:00 o'clock a.m. on election day and shall remain and be kept open continuously until 7:00 o'clock p.m. on the same day. (Ord. No. 42, Sec. 20) Sec. 12-17. SAME---DISTRIBUTION OF LITERATURE NEAR---On the day of any election it shall be unlawful for any person to distribute any political pamphlets, cards or literature of any kind, or solicit votes, or approach any elector in an attempt to solicit votes within 100 feet of any polling place. All peace officers or election officials shall arrest any person violating the provisions of this section in their presence. (Ord. No. 42, Sec. 70) Sec. 12-18. SAME---POLICEMAN TO BE PRESENT---The council may designate one of the officers of the police force of the village for each polling place, who shall be required to be present during .the whole of the time. the polls are kept open and until the election is completed. He shall be subject to all lawful commands of the inspectors, and shall see that there is ho interruption of good order. Such police officer 'shall have the power to maintain peace and to summon a posse from among the by- standers to aid him in maintaining the peace and good order at the polls. (Ord. No. 42, Sec. 27) - 60 - Sec. 12-19. (1) A watch who has been candidate at but only one place. • WATCHERS AT POLLING PLACE---DEFINED =_r is any duly registered, qualified authorized by a qualified candidate the polling place. A candidate may watcher for each candidate shall be --DUTIES, ETC.--- elector of the village to represent such act as his own watcher, allowed in each polling (2) No watcher shall be allowed to come closer than fifteen feet from the officials` table or voting machines, but are allowed within the polling room to watch and observe the conduct of electors and officials. Except that he may remain in the room where the election is being held, a watcher may have no privileges or immunity not enjoyed by other electors of the village. (3) The watchers are required to furnish their own materials and necessities and shall not obstruct the orderly conducting of any election. During the election, the officials are required to call out the names of electors loud enough to be heard by the watchers. (Ord. No. 42, Sec. 28) Sec. 12-20. SAME---CERTIFICATE REQUIRED---Except where a candidate acts as his own watcher, a watcher, before being permitted to act as such, shall file with the inspectors of the election a written certificate,' signed and acknowledged by the candidate whom such watcher is to repre- sent, before an officer duly authorized to administer oaths, in sub- stantially the following form: Village of North Palm Beach, Florida A.D., 19 To the Inspectors of Election of the Village of North Palm Beach, Florida This is to certify that I have appointed > a registered and qualified elector of the Village of North Palm Beach, Florida, to represent me as watcher at the election to be held in the Village of North Palm Beach on the day of , A.D. 19, Candidate for • Sworn to and subscribed before me this 19 (Ord. No. 42, Sec. 28) - 61 - day of , Sec. 12-Z1. PERSONS ALLOWED IN POLLING PLACE---As many electors .are • permitted to vote as there may be booths or voting machines available, but no person is permitted, under any pretense, to come within fifteen feet from any polling place whatever from the opening of the polls until the completion of the counting of the ballots and certificates of return except the police, the inspectors and clerks of election., No sheriff, deputy sheriff or city policeman shall enter the polling place without the permission of a majority of the inspectors, except to cast his ballot. (Ord. No. 42, Sec. 29) Sec. 12-22. INSPECTORS AND CLERK---APPOINTMENT---(1) For the purpose of carrying on and conducting of general and special elections, it shall be the duty of the village council, at least twenty days prior to .the holding of any election in the village, to appoint at least three in- telligent, discreet, fair-minded, qualified inspectors and one clerk of el.ec~iq}} for each polling place, all of whom shall be residents and registered, qualified electors of the village. (2) The village council shall cause the names of each inspector and clerk of said election to be published }n a newspaper of general circulation in the village and by posting such notice on the bulletin board at the village hall for a period of not less than fifteen days next preceding such election, whether the same be general or special. Only the names of the inspectors and clerks first selected by the village council shall be required to be published for the prescribed fifteen • day period. (Ord. No. 42, Sec.. 21) ..-. Sec. 12-23. SAME---OATH REQUIRED---The inspectors and clerks of election shall before entering upon the duties of their offices take and sub- scribe an oath or affirmation to the effect that they will perform the duties of inspector and clerk respectively, according to law, and endeavor to prevent any fraud, deceit or abuse in conducting the election. Such oath may be taken before the village clerk or any officer authorized to administer oaths and shall be filed with the supervisor of registration. (Ord. No. 42 ,. Sec. 23) Sec. 12-24. SAME---FILLING VACANCY---In the case of absence or refusal to act of any inspector or clerk appointed by the village council, the remaining inspectors and clerk at any polling place may fill all vacancies from the registered and qualified electors of the village, and provided that the council shall not have filled such vacancy prior to the date of holding any such election. (Ord. No. 42, Sec. 22) Sec. 12-25. SAME---COMPENSATION---Inspectors and clerks of any election shall be paid for their services by the village in such sum as may be determined from time to time by the village council. (Ord. No. 42, Sec. 30) - 62 - Sec. 12-26. SAME---DUTY TO MAINTAIN GOOD ORDER _A_ND REPORT VIOLATIONS--- • (1) The inspectors of election shall have full authority to maintain order at the polls and enforce obedience to their lawful commands during an election and during the canvass and estimate of the votes. (Ord. No. 42, Sec. 31) (2) It shall be the duty of the clerk and inspectors to report any violation of this code to the Village Council. If ordered by a majority of the board at any precinct, any person presenting himself to vote may be arrested by any peace officer attending such pre- cinct, for known violations of the election code. (Ord. No. 42, Sec. 58) Sec. 12-27. SAME---ORGANIZATION---One inspector shall act as the chairman of the election board at each polling place. In any and all questions that may arise before said inspectors of election, the decision of the majority of them shall decide the question. (Ord. No. 42, Sec. 24) Sec. 12-28. SAME---INSTRUCTION PRIOR TO ELECTION---The supervisor of registration and the village council shall, prior to each election, give such instruction as necessary to the members of the election board concerning their duties for the proper conducting of the election and for the proper operation of voting machines. Such instruction • shall be given not more than ten days prior to the date of the election and as near to each election as practicable. This shall not be con- strued 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 instruction in order to properly perform their duties. (Ord. No. 42, Sec. 25) Sec. 12-29. CANDIDATES FOR OFFICE---QUALIFYING---(1) Any qualified elector a~nc ree i~Ter witTi~in t7ie viYlage may become a candidate for any office to be filled at any election by paying to the village clerk a qualifying fee in the sum of ten dollars and by filing with the village clerk, during the last ten days of February in the year of the election, a written notice that he or she intends to be a candi- date of such elction. Such written notice shall state the number of the group in which the candidate seeks to be elected, his place of residence, his age, and a description of the real property owned by him in the village. Such notice shall also request that the name of the candidate be placed upon the ballot to be prepared for said election and, in addition, shall be signed by said candidate. (2) The deadline for the qualifying of candidates in any election shall be at 5:00 o'clock P.M., Eastern Standard Time, on the last day for qualifying prior to the election. (Ord. No. 42, Sec. 32) - 63 Sec. 12-30. PRESERVATION OF NOTICE OF CANDIDACY---The village clerk `• shall preserve all notices of candidacy filed under the provisions of this Chapter for a period of six months after the election for .which such notices are filed. (Ord. No. 42, Sec. 33) Sec. 1C-31. VU1'1NLi MAl:H1NY:S MHY ~t US nu; al[-alt i,t+w Hrri..l~r+ni,n--- Voting machines may be used in any general, runoff and special elections held with the village. In such event, the provisions of Chapters 101 and 102, Florida Statutes 1957, as relevant to machine voting shall apply and by reference are made a part hereof. (Ord. No. 42, Sec. 38) i Sec. 12-32. BALLOTS---DIRECTION FOR PREPARATION---Immediately upon the expiration of the time for .the filing of notice of candidacy for any election, the village council shall determine the names which should appear upon the ballot and the supervisor of registration shall arrange for the preparation of the ballots. (Ord. No. 42, Sec. 34) Sec. 12-33. SAME---NUMBER REQUIRED---Where voting machines are not used, there shall be as many official ballots printed and delivered as shall be equal to 110% of the registered electors in the .voting place. (Ord. No. 42, Sec. 50) • Sec. 12-34. SAME---SPECIFICATIONS---GENERAL AND RUNOFF ELECTION--- General election and runoff election ballots shall substantially ~-~-' conform to the following specifications: (1) The ballot shall be printed on paper of such thickness that the printing cannot be distinguished from the reverse side. (2) Across the top of the ballot shall be printed "Official Ballot - General (or Runoff) Election", beneath which shall be printed the date of the election, the name of the village and the precinct number, if any. Above the caption of the ballot shall be two stubs with, perforated lines between the stubs and between the lower stub and ~hhe top of the ballot. The top stub shall be Stub #1 and shall have printed thereon, "General (or Runoff) Election, Official Ballot" and then shall appear the village's name, the precinct number, if any, and the date of the election. On the left side shall be a blank line under which shall be printed "signature of elector." On the right side shall be "initials of issuing officer", and there shall be a blank line. The second stub shall be the same, except there shall not be a space for the signature of the elector. Both Stubs #1 and #2 for each precinct shall be prenumbered consecutively, beginning with Num- ber 1. ~ (3) Beneath the captions and preceding the names of the candidates shall be the following words: "To vote for a person whose ~: - 64 - name is printed on the ballot, place a cross (X) mark in the square at the right of the name of the person for whom you desire to vote." • The ballot shall have headings under which shall appear the names of the offices followed by the names of the respective candidates for the offices. Immediately following the name of each office on the ballot shall be printed, "Vote for one." In addition to the names of candidates who have qualified for such election, space shall be provided for a write-in candidate as to each office, and the ballot shall con- tain an instruction, "To vote for a person whose name is not printed on the ballot, write his name in the blank space provided for that purpose, and indicate your choice with a cross (X) mark." (4) Substantial compliance with the foregoing requirements shall be sufficient. (5) All elections within the village shall be non-partisan and no ballot shall contain any reference to or insignia of any political party. (Ord. No. 42, Sec. 48) Sec. 12-35. SAME---SAME---PUBLIC MEASURE---Whenever a public measure shall be submitted to the vote of the people, the substance of such public measure shall be printed on the ballot one time, after the list of candidates, if any, followed by the phrase, "For the Amendment" and also by the phrase, "Against the Amendment" with a sufficient blank space thereafter for the placing of the symbol "X" to indicate the voter's choice. (Ord. Na. 42, Sec. 49) • Sec. 12-36. BALLOT BOXES---PREPARATION---The village council, except where voting machines are used, shall prepare one ballot box for each polling place in the village of sufficient size to contain all the ballots of the particular precinct, and the ballot box shall be plain- ly marked with the name of the precinct for which it is intended. Be- fore any general or special election, they shall place in the ballot box as many ballots as provided in Section 12-33. -After securely locking the ballot box, and sealing up the keyhole. and other opening, they shall send the key in a sealed envelope, to the inspector of elections of the precinct, together with the box. The custodian is placed under oath or affirmation to perform his commission faithfully and without favor or prejudice to any political party. (Ord. No. 42, Sec. 53) Sec. 12-37. SECRET VOTING---In all elections held on any subject which may be submitted to a vote and for all public officials, the voting shall be by secret, official ballots, printed and distributed as provided by this Chapter, and no ballot shall be received or counted in any election except as prescribed by this Chapter. (Ord. No. 42, Sec. 41) - 65 - Sec. 12-38. ELECTION INSPECTOR TO KEEP LI5T OF THOSE VOTING--- When • any person has been admitted to vote, his name shall be checked on the margin of the page opposite his name, or at the place indicated upon the registration books, by one of the inspectors. One of the in- spectors, shall, at the same time, keep a poll list containing names of electors who have voted. The inspectors may prevent any person from voting a second time when they have reason to believe that the person has voted. They may refuse to allow any person to vote who is not a qualified elector, or who has become disqualified to vote in the precinct or prevent any elector from consuming more than five minutes in voting. But no inspector shall handle the ballot being voted or interfere with the voting of any elector. (Ord. No. 42, Sec. 52) Sec. 12-39. INSTRUCTIONS FOR ELECTORS---The village council shall provide instructions for the electors in preparing their ballots. They shall provide not less than four cards for each voting precinct and furnish them to each supervisor at his request. It is the duty of the supervisors to send a sufficient number of these cards with the ballot boxes to the precincts prior to an election. It is the duty of the election inspectors to display the cards in the election booths as information for electors. The cards shall contain information about how to obtain ballots, how to prepare ballots for depositing in the ballot box, how to obtain a new ballot in place of one accidentally spoiled and such other information as the village council may deem necessary. (Ord. No. 42, Sec. 40) • Sec. 12-40. ELECTOR TO OCCUPY BOOTH ALONE---TIME ALLOWED---When the the election official shall ascer- lf to vote t hi , mse s elector presen ~..o tain whether his name is upon the register of electors, and if his name appears and no challenge interposes, or if interposed, be not sustained, one of the election officials stationed at the entrance shall announce the name of the elector and permit him to enter through the entrance to the booth to cast his vote, allowing only one elector at a time to pass through to vote. No elector while receiving, pre- paring and casting his ballot, shall occupy a booth longer than five minutes or be allowed to occupy a booth already occupied, or to speak with anyone except as provided by Sections 42 and 43 hereof, while in the polling place. If an elector requires longer than five minutes, then upon a sufficient reason he may be granted a .longer period of time by the election officials in charge. After casting his vote, he shall at once leave the polling room by the exit opening, and shall not be permitted to re-enter on any pretext whatever. After the elector has voted, declined or failed to vote within five minutes, he shall immediately withdraw from the place and go beyond the prohibited distance. If he refuses to leave after the lapse of five minutes, he shall be removed by the election officials. (Ord. No. 42, Sec. 44) Sec. 12-41. VOTING PROCEDURE---(1) When ballots are used, each elector shall be given a ballot by the inspectors. a - 66 - (2) Before any ballot is delivered to an elector ,. one of the • inspectors shall affix his initials or name on the line provided on each of the two ballot stubs and the elector shall sign his name on the line on the top stub, and if he is unable to write, he shall sign his mark with the assistance of one of the inspectors. (3) The inspector shall compare the signature on the ballot stub with the signature on the elector's registration and, if necessary, require other identification. If the inspector is reasonably sure that the person is entitled to vote, he shall then detach and retain the upper stub. (4) Then the elector shall, without leaving the polling place, retire alone to a booth or compartment, and place an "X" mark by the name of the candidate of his choice for each office to be filled, and likewise mark an "X" after the answer he desires in case of a question submitted to a vote. (5) After preparing his ballot, the elector shall fold the ballot so as to conceal the face and show the stub attached with the name or initials of the inspector, and hand it to the receiving inspector. The inspector shall compare it with the stub he retained and if it is the ballot he delivered to the elector, he shall detach and retain the remaining stub and the elector shall then deposit the folded ballot in the ballot box in the presence of the inspector. Detached stubs are numbered consecutively and filed by the inspectors. • (6) If the marked ballot returned proves to be a different one from the one delivered to the inspector, the inspector shall then and there search the elector and if the original ballot is found on or about his person, the inspectors shall take possession of the ballot and dis- charge the elector from the polling place without permitting him to vote. (7) Any elector who shall,by mistake, spoil a ballot so he cannot safely vote the same, may return it to the inspectors who shall immediately detach the stub and destroy the ballot; without examination, and give the elector another ballot. In no case shall an elector be furnished with more than three ballots,. or carry a ballot outside the polling room. The clerk of inspection shall keep a record of all ballots destroyed. (8) It shall be unlawful for any person casting a ballot at any election to use stickers, rubber stamps, or carry into a voting booth any mechanical device, paper or memorandum other than the official ballot. In casting a write-in ballot, the elector shall cast the same in his own handwriting or in the handwriting of an author- ized person aiding him. (9) Inspectors of elections, where ballots are used, are clothed with police power as is necessary to carry out the provisions of this section. (Ord. No. 42, Sections 39, 45, 47, 51, 68) - 6 7' - Sec. 12-42. PHYSICALLY INFIRM ELECTORS---EXAMINATION OF---(1) Where • any elector is unable to write, or is incapacitated for writing, or because of blindness, or inability to read, or physical incapacity, or is unable to prepare his ballot and such disability is shown on the registration record, the clerk or one of the inspectors shall place the person under oath and orally examine him according to the form provided below, which form the clerk or inspector shall fill out in his own handwriting and certify to in the space provided for his signature. The form is in lieu of identification slips, and the elector shall present the form to the clerk or inspector in charge of the booth, which clerk or inspector shall also certify, sign and deposit the form in the container for identification slips. This form shall be as follows: "I hereby certify that an applicant to vote stated that he could not write, whereupon I propounded the following questions to the appli- cant. 1. Hold up your right hand. Do you solemnly swear that the answers you give to these questions are true, so help you God? 2. What is your name? 3. Your age? Your sex? 4. Your address? 5. Your occupation? 6 7 Your political party? Why are you unable to write? 8. Did you previously present yourself and have your name, entered on the registration books in time for this election? 9. Are you a duly qualified elector in this precinct?, 10. Are you physically able to cast your vote? the answer is "no", then ask: (a) Do you now request assistance in voting? (b) Why do you need such assistance? I further certify that ~ correctly wrote in the answers as given by the applicant and compared them with the information on the regis- tration books opposite the name given by the applicant and found the applicant qualified to vote. ~ • (clerk or inspector) - 68 - (I f I hereby certify that this form, filled out and signed by an !• election official of this precinct, was handed to me by the applicant who was personally known to me or who told me that his name and address was that shown on the form; and I admitted the applicant to the booth. (signature of official preparing ballot) When assistance is given, election official or person giving assistance must sign below: NOTE: (It is unlawful to assist, or be in the booth with any elector unless such elector. is blind, unable to read, or so physically incapacitated as to be unable to prepare his ballot and requests such assistance.) I certify that I assisted this elector in voting at his request. • (signature of clerk or inspector '~ or person assisting elector to vote) (2) It shall be the duty of the village council to furnish a sufficient number of these forms to the supervisor who shall deliver a sufficient number thereof to each voting precinct along with other election paraphernalia. (Ord. No. 42, Sec. 42) Sec. 12-43. SAME---REQUEST FOR ASSISTANCE IN VOTING BOOTH---It shall be unlawful for any person to be in the voting booth with any elector, except as provided in Section 12-42. In such cases,. only the elector may, upon request, be assisted by two election officials that he may select or some other person of his own choice who has not previously so acted for any other person during the election. The officials or person giving the assistance shall first be required to sign the certificate last provided above. (Ord. No. 42, Sec. 42) Sec. 12-44. ASSISTANCE TO BLIND, DISABLED AND ILLITERATE ELECTORS IN MARKING BALLOTS---Any elector applying to vote in any electron who is blind, or has lost the use of his hand or hands, or because of illiteracy, and is unable to prepare his ballot may request assistance - 69 - of two inspectors of his choice or some other person of his own choice • who has not previously so acted for any other person during the election to mark his ballot without suggestion or interference from the in- spectors. In all cases, any elector before retiring to the booth may have one of the clerks of the election read over to him the title of the offices to be filled and the candidates therefor. After the elector requests the aid of the two inspectors, they shall retire to the booth for the purpose of marking the elector's ballot for the candidates according to the elector's choice. All electors after voting are required to withdraw immediately from the voting place. (Ord. No. 42, Sec. 43) Sec. 12-45. DISCLOSING HOW ELECTORS VOTE---It shall be unlawful for any election official or person assisting any elector to disclose how any elector voted except when required to do so upon trial in court. (Ord. No. 42, Sec. 69) Sec. 12-46. ABSENTEE ELECTOR; DEFINED---The term absent elector shall mean any registered and qualified elector who, due to physical disability, is unable without another's assistance to attend the polls, or any qualified elector, wherever he may be, except persons confined in prison or jail, so long as he will not be in the county of his residence during the hours the polls are open for voting on the day of any election. Such person may cast an absentee ballot upon compliance • with the absent elector provisions of this code. (Ord. No. 42, Sec. 59) V Sec. 12-47. ABSENTEE BALLOT---APPLICATION, TIME AND FORM---(1) At any time during the forty-five days preceding any election, any elector intending to be absent on the day of election from his home county may make application to the supervisor either in person or by mail, upon a blank furnished by the supervisor for the official ballot to be voted at such election. The application may be made on a blank prepared by the elector if the application is substantially in the form required by this code. When any written request of an elector for an absentee ballot sets forth statutory grounds for making application for such ballot, it shall be accepted as a bona fide application if the signature on the application agrees with the elector's signature on the'regis- tration books. The application 61ank shall be sent immediately, by mail, to the absent elector by the supervisor, together with the absentee ballot if they are ready for distribution or at the super- visor's office. (2) The application blank shall be in substantially the follow- ing form, and signed by the applicant and witnessed as required under this code. `~ - 70 APPLICATION FOR ABSENT ELECTOR'S BALLOT • I duly qualified and regis- tered as an elector of the Village of North Palm Beach, and County of Palm Beach, and State of Florida, and a (give occupation) , not confined to prison or jail, and intending to be absent from the said village and county on the day for holding such election because (check appropriate reason): (1) I am physically disabled and unable, without the assistance of another, to attend the polls on election day. (2) I intend to be absent from the village and county during the entire period the polls are open for voting on the day of election and cannot without manifest inconvenience vote in person, I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in on (date) • Send "absent elector's ballot" to me at postoffice, county, city address, if any Home address of applicant Date Signed and sealed in presence of: (Two witnesses) (SEAL) Signature of absent elector Sworn to and subscribed before me this day 19 (SEAL) Notary Public or other officer authorized to administer oaths (Ord. No. 42, Sec. 60) Sec. 12-48. SAME---FILING AND RECORD---Upon receipt of application for absentee ballot, filled out and signed, the supervisor shall file it in his office and enter the same and address of the applicant to which the ballot is to be sent, upon a list to be kept by the supervisor or clerk, for that purpose, together with the date of receiving the application, the date of mailing or delivering the ballot to the elector, the date of receiving the ballot from the elector and such other information as he may deem necessary. (Ord. No. 42, Sec. 61) In witness whereof, I have hereunto set my hand and seal this day of ~ 19 - 71 - Sec._ 12-49 .__ SAME---MAILING, NUMBERING; RETURN ENVELOPES;FORM---(1) • The supervisor shall, after the printer delivers the ballots, prepare the first numbered ballot for the first applicant, the second ballot for the second applicant, and so on. The supervisor shall initial both stubs No. 1 and No. 2 and enter the name of the elector in the place indicated for the elector to sign. If the applicant appears in person, he shall sign the stub No. 1 as if he were voting on election day. The supervisor shall then detach the ballot and stub No. 2 from No. 1 and forward by mail, postage prepaid, or deliver personally, one of such ballots with stub No. 2 attached (or if there be more than one kind of ballot to be voted, then one of each kind) to each applicant as shown by Section 63, provided such applicant is properly registered. The supervisor shall not receive such applications after the deadline provid- ed in Section 12-52. (2) The supervisor shall enclose with such ballot two envelopes, a plain white envelope into which the absent voter shall enclose and seal his marked ballot and then place the sealed white envelope, to- gether with detached stub No. 2 in the second envelope which is address- ed to the supervisor and also bearing on the back side a printed state- ment in substantially the following form: I, do solemnly declare that I am a resident of the Village of North Palm Beach, in the County of Palm Beach, State of Florida, and have been a resident of such village for six months and of this State for one year and am entitled to vote in said village; that the enclosed ballot was marked by me personally and en- closed in this envelope and sealed by me without being exhibited to any other person. In the presence of: (Signature of absent elector) (Two witnesses) The statement shall be so arranged that the signature of the absent elector and two witnesses shall be across the flap of the envelope. The absent elector shall sign the said envelope and the two witnesses shall then sign certifying that the person is personally known to them and the name signed as the absent elector is the correct name. (Ord. No. 42, Sec. 62) Sec. 12-50. SAME---INSTRUCTION TO ABSENT ELECTORS---The supervisor shall enclose with each ballot sent to an absent elector separate printed instructions furnished by him containing substantially the following: "Upon receipt of the enclosed ballot, you will mark the same according to the instructions, then detach stub No. 2 bearing the initial of the supervisor from the ballot. Place the marked ballot in the enclosed plain envelope and securely seal it, and then place stub No. 2 and _ 72 _ sealed plain envelope in the second envelope addressed to the super- . visor. Fill out the statement printed on the back of the envelope, sign and have the envelope signed by two witnesses who have seen you sign, place the necessary postage upon the envelope and deposit it in the postoffice or in some government receptacle provided for the deposit of mail, or deliver it personally to this office so that absent elector's ballot will reach the supervisor of registration not later than 5 o'clock in the afternoon of the day preceding the general or special election." (Ord. No. 42, Sec. 63) Sec. 12-51. SAME---SIGNING, SEALING, MAIL receipt of the absentee ballot and printed Section 63, the absentee shall, in secret, instructions enclosed with his ballot, and of registration. (Ord. No. 42, Sec. 64) 12-52. OF MA NG BY ELECTOR---Upon the' instruction as provided in make his ballot, follow the return same to the supervisor DEADL G--- The supervisor shall safely keep in his office any envelopes receives containing marked ballots of absent electors, and he shall, before the canvassing of the election returns, deliver the envelopes to the can- vassing board and his list kept regarding same. All marked absent elector's ballots to be counted must be received by the supervisor by 5 o'clock in the afternoon of the day preceding any election, all ballots received thereafter shall be marked with the time and date of • receipt, and filed in his office. No application for an absent elector's ballot shall be received or handed out to an elector unless there re- mains time for the ballot to be mailed to the supervisor by United States mail or personally voted in the office of the supervisor before the deadline for receiving said ballots. (Ord. No. 42, Sec. 65) Sec. 12-53. SAME---CANVASSING---(1) The supervisor of registration shall receive the voted ballot and shall safely keep the ballot unopen- ed in his office until the canvassing board canvasses the vote according to law. The canvassing board shall compare the information on the back of the envelope with the registration book to see that the elector is duly registered in the village, has not voted on election and to determine the legality of the absent elector's ballot. If it is deter- mined, by the canvassing board that any vote is illegal, then some member of the bm rd shall, without opening the envelope, mark across the face of the envelope, "rejected as illegal." The envelope and the ballot contained therein shall be preserved in the manner that official ballots voted are. preserved. (2) The canvassing board shall then open the covering envelope and record the ballot upon the poll book of the proper polling place in the same manner as clerks of elections record votes. The ballots for the entire village still in the plain sealed envelope shall be mixed up so as to make it impossible to determine which plain envelope came out , of which signed envelope. The vote of all absent. electors shall be added to the total of the poll of the village. (Ord. No. 42, Sec. 66) - 73 - Sec. 12-54. VOTING IN PERSON; RETURN OF BALLOT; DOUBLE VOTING---The • provision of this code shall not be construed to prohibit any absent elector, returning to his home, from voting at any election notwith- standing that he may have made application for an absent elector's ballot and same may have been mailed to him; provided that the elector has not voted the ballot and provided also that he returns the ballot if he received same to the election board at his polling place. The returned ballot shall be marked "cancelled" by the board and placed in the regular box of other cancelled ballots. (Ord. No. 42, Sec. 67) Sec. 12-55. COUNTING: CLOSING POLLS; DUTIES OF ELECTION BOARD---(1) In counting the ballots, the election inspection board shall use either (a) the tally call system of counting; or (b) a system whereby the ballots are opened and placed in piles according to the candidate voted for, then the number of ballots in each pile is counted. The ballots are then reshuffled and the process repeated until the total votes cast for each candidate for every office has been determined; and no other system of counting shall be used. (2) Where voting machines are used, the procedure and the~tabu- lating of results shall conform to the provisions of the law relating to voting machines. (3) At the close of the election at each precinct, the election inspection board that conducted the election shall turn the ballot box, • registration books and other records over to the relieving board when more than one board is conducting the election, which shall proceed to open the ballot box in presence of the public desiring to witness the ~ canvass, count the ballots without adjournment,or interruption until the count is completed. The ballots are first counted, and if the number of ballots exceeds the number of persons voted, as may appear by the poll list kept by the clerk, and by the stubs detached by the inspectors, the ballots are replaced in the box and one of the inspectors shall publicly draw out and destroy unopened as many ballots as are equal to such excess. If two or more ballots are found folded together to present the appearance of a single ballot, they are laid aside until the count is completed and, if upon comparison of the count and the appearance of such ballots a majority of the inspectors are of the opinion that the ballots were voted by one person, such ballot shall be destroyed. (Ord. No. 42, Sec. 54) (4) If the elector marks more names than there are persons to be elected to an office, or if it is impossible to determine the elector's choice, his ballot shall not be counted for the office, but this shall not vitiate the ballot as to those names which are properly marked, and nothing in this code is construed to prevent any elector, at any general election, from voting at a general election for any qualified person other than those whose names are printed on the ballot. (Ord.;No. 42, Sec. 46) (5) No ballot shall be voided or declared invalid in any election by reason of the fact that the same is marked other than with an "X" so long as there is a clear indication thereon to the election officials - 74- that the person marking such ballot has made a definite choice and -• provided further that the mark placed on said ballot with respect to any candidate by any such voter shall be located in the square or indicated space on the ballot opposite such candidate's name. (Ord. No. 42, Sec. 39) Sec. 12-56. TABULATION OF VOTES AND PROCLAMATION OF RESULTS wHtxt; BALLOTS ARE USED---The election board shall post at the polls, for the benefit of the public, the results of the voting for each office, or other item on the ballot as the count is completed. Upon completion of all counts in all races, certificates of the results shall be drawn up by the inspectors and clerk at each polling place, which shall con- tain the name of each person voted for, for each office, the number of votes cast for each person for such office, and if any question is sub- mitted, the certificate shall also contain the number of votes cast for and against the question. The certificate shall be signed by the in- spectors and clerk and delivered without delay to the supervisor for immediate publication. All of the ballot boxes, ballots, ballot stubs, memoranda and papers of all kinds used in the election shall also be transmitted to the supervisor. (Ord. No. 42, Sec. 55) Sec. 12-57. VILLAGE COUNCIL TO CONSTITUTE CANVASSING BOARD---The village council shall constitute the canvassing board and on the day after the election, officials have certified their returns, the village council • shall canvass the returns and the absentee ballots, if any, and officially proclaim the results of the election by appropriate resolution. (Ord. No. 42, Sec. 56) Sec 12-58 PROTEST OF ELECTION RETURNS; INSPECTION BY CANVASSING BOARD---Whenever any elector, believing that election returns are erroneous and fraudulent, protests, he sYiall have a right to file a written protest against the canvass of such returns with the canvassing board specifying the polling place in which he believes such returns are erroneous or fraudulent. Such protest may be filed with the canvassing board up until the time the canvass has been completed and the totals of votes tabulated. (Ord. No. 42, Sec. 57) - 75- Chapter 13 • Fr.Fi'mRrCITY Cross reference-- SE7CPION 13-1... ~7..---By nothing contaiaed.in..this.sec.•tion..or_elsewhere in this apter sit. to be construed that.an electxician!s,occupational_license or permit ,sha11_be..required under this..chapter..or.other:_village..ordinanees.for any work inwlved.in the.erectien,.installation..repairing,. renodeling,_.ancl.maintenance of elevators,.dumb_waiters.and.moving stairways._.Such_.excepti~_shall..not, haaever, extend to work. on conductors.and..equipmant-..for .,supplyiug._power,..to the control panels. of..such..,elevators,. dumb waiters, _or.:moaing stairurays. SDCTI~V..]3-2...DEFIDIITIONS---For._the_purposes_.of.this.,chapter,..the_.following words ases..s . aue,. _mew;s:.respect3.vely..ascribed:..to..them..by,.this section: .. _ .;. _ ._ .... ............_.Certificate means a Certificate_.of:.Ccag~etencg.issued.by..the~County Board as`:x '` ,prwid ein. _..,.....,,...._ ..Certification.means_.the_act-of_obtaining-.or..holdiag,.a:.certificate of Cadet-_~,- ._._ancy.fr~e.County._.Boa~..as_provided herein. '~.~• •,. _, .. .village Board_meati::.the Village_Contractors Board. ... `J ............ ___. County-...Board .means_.the P.a1m.Bearh..County ..COnsixuctiN3:.Indus#x~r,.Licensirtg Board. _._..._......_,._.Electrical..eonstruction.such..term.shall~include.and.goxrern:.all.works and mater- ials..used ~.r..u~ra7. ing,.maintaining...or..extending..a_syst~.of:electrical.wiring for' Lic~t,_,heat or:.pcwer.,.and,all.. appurtenances,..apparatus:..or~.equiinient:.used..in connection _ therewith,..whether.outside,:inside_or;_attached:_to:.any:.building_or.structure,r' lot or .;. premises. ;. ,_... .Electrical:..contractors_...Are.:.those:.who..can.qualiflr as. a~master_elect~acian r,ri,%,' .:.:..at..least. ee ..years.-as:_a journeyman..electrician or tkie.egaivalent eclucatt ~s ' r ,.., assume...responsible._charge:_and..direction._oL other persmis.in_the...installaton of ? .,.~, r~ electrical..work. wlu.ch.shalLmean.all._work..done_in..connection. with. the, .installation., maintenance.,. extension_and.alteration:.o£ _a_.systaa:: for:.electsiaaL.wiring for lights . ...,.heat. or paaer:.aYU1_a1l.aprn,~~^~^^__ #hereta..and.-all-..appurtus_ar_a3uignent used in~;:~ connection..thersrith:.including..that_of`a~~roan:.air..conditioning~,uait._oniY, an3 all ...electrical .specialties..._.He..shall . subcontract..to .a..qualified::.oontractor all other work..of _a. trade.nther:.than.that:.of.:.an electrical .contractor. _...... __.. Electrician-.. A: person-who:.is.engaged:.in:.the:.trade..ox: business: o£ electrical construct~~on,..and..who:.is,gualifiedunder;.thy,teans'.and.proxrisions.:of:this diapter. _... .,. Industria~l.~lant...Premises devoted..to:.the manufacture.;-..assembly: or production of. ite~.:of. tang- a~le...pessanaL:property,.and:.equipped..with;'machinerg and fixtures _ '' £or-cazxying.oa..such activity. , Supp. No. 4 ..._...... - 76 - • ........ Industrial_ loot.o1P,-±~riral..~uainteranee..5 '~v~:Sar..A_perscei-r?c~larlY~E<nP1oY ed~ in. an r~us'txi :,.p,Lant -to..perform..electrical .woxk..so.~.elY.oa.behalf ~f enplayer. and..only._upon.the_.premises-of :.his ..employes's::irsiumtrial.:.plant, qualified _. by:.training: and.:technical.knaaledge..to.glan,,.lag.out.and;:super¢isaelectrical work . . ,. pennitted..to.be:done..uruiex'.annnal..-industrial .perm~.ts. :..:..._.~_.;.:.. -.Industrial..~l.ant.,maintenance.:el2oCrician-_,Apezson~xegul.aslY-~P~-oYea in an _ industrial p~ant:.to. form. electrccai..w~x...solelY..on.belia]f..o£,.kus-employer and .P~ upon..the.premises.of:..b3.s..employes's.:.industrial.plant.and_.underWthe:.supervision of a. 1ic~.nsed..master:.electrician...ar:.au..i~zlustcial.::plant::slectric:a:L,.maintenance super- visor. ...._ ._~ournepman:elect~.cian :is_a._person:.quali£ied.l~z:.experience:.and/or education .._'~ ...... .. r s s_ S _ ` eleCtY ° Cal to'.,petfotzn:worx:_ui..the._eiec~-iiCa7:_trade..sahile.. 1~~~ 1+ .:contractors. ::..... Maintenance; electrica.an._.A.pers~ who.possesses.-.the:.qualifications prescribed _ .. _ . _ in_this..secti.on.:. r..a __.3ouxneymarn:electrician"ybut.who:.must:be:.regularly. e~loy ta.maintain:and.'.make:minor:.repairs.:.to~.the~elec3s'ical~_sv~susg.r. apparatus and equip- meat-Which.is_.i.nstalled, .contained--and-used-upon--"r-==L`''os`>in..buildings owne3, occupied .ox..~ntrolled~'bY.~the-.per-son=bY-.;whan;.the=~oe:-electrician is employed• {„' Mos.ter:.electrician :: &:.persc¢n::who..possesses._we-necessa~~._y.+~.~~~~u~-~.-., tr g.and.- :knoticledge;_to..pl.an.,•-1aYout_and_supea~rise~the-installation of. e].ectrical..wiring,_apparatus_.on-equipaeat...for_1s.ght~,:~Yveat_rx=r.o as. codered `J by the terms.and.-prouisions-:af..this.chapter. .... .. .. ~ _ _ __________dt.,~ ......n~.carar rnialifiCat _... .... .... .5~1 .r Ollrlle ll1~L1..Cy.-, _. y~„~~...,.. ca._i^'w""-'_'""_"r _____. _ _ ° ~. ° ~ and e: +~ i ~+~1].:.electrical..za~z~ing..:apparatus or equip' ai Wing - ~tlae.._te~-.and.~a¢isicros>of--~tl~is _.chapter, ment..in..and..on:sicp~sr:.as.:msiesed.by- - i~y~si -work accord- . _ Sign-.journeyman_electriraaas:.nalst•be~capable..af:dai.t'sg:.e7.eets` 9r' _ing._to_the-.plans.and.:speez.Licata.ons_.furnished..to...them:and~in.accordance with the standax'd rules.-and.regulations.:governing:.sign_wprk..in~the Village. _. _......trainng-• and - ca1_ ledge-to.plaa,...~ ^„t_aad..supesuas ,- . __... ...:.of..electrical_zriring.,..apparatus_..or_equigneat..ia.:.atr3-on-signs*.as;~overed by the _ .........teuns~and.pxoVinicns--of_this chapt~r. ..._sDCliCm7..'13-3....CEEiTIEICATI~-.-.T~~-detain.-a-~sti'f'%cate_an..applicant shall sub- ...- _ mit.an-.appl~.cata.on.. .opupl3r_.wick..a7.1.of-..the~;requrements of Chapter .10_.and-_acyc.o+t,p___r_~1°^-hip Gn^''°nnc ~_tYna_North..Ealui.Beach~Certification .......and.. Lioersing-.Law...Clnapter_1D.,.,.of~.the~Village Code. ....... ..- - - - SECTS~1_.13-4..-REiIOC]1T3~7.,._SUSEFlv'sIC1N ._OR,PI~DBTnTl~Lan ..pp~UP.ATSCJNAL iICENe -- On..its._aan..crotuul.or. .uexifiod_written.ca~ aint- Y-p~ son licensed Contractors..Board..maY...inuestigate,-tbe..action_of -anlc..contxackor,.or,:.per ~._. _ supp. No. 4 .... _. ... -76.1 - • under .this .Ordinance..and..tvlce..any_.action.,.de~rn~x3.n~:.:es~aicy.as,._per...autlwrity granf:ed in..Chapter _ 1U._and _an3r.. other..app:Lic:abie..8a:c:tions_ ot:..tize-.Nacth .:~J.cu...Beach...Certifieation and.Lic~nsing...Laws_Chaptec..ln,-_of._tbe:4iiYage CodF. SECfi:CON:_13-5m _..:L1CF~ISE..HOI.TIERS.Y12E77IUUSLY,.CGE~.CIE:7~LD,..BY..Tt7E.V.LGCd~.iE AND NOT Code. and the North Palm Code. .SECTS~1...13-Z._.__.TNSUf2AN(~:...FtEUULRFF;MENTS---Same..,as..:the..North..PZ1m..Beach Certifi- catioa_and..L~.cens .Lawn °.;~ter.,:i .,,Af.. ~STillage Code. i. SDCPICDT._1308......._.ELF'1'FCLCAL._INSPFG'TOR..WTLfiS.,AND-.POWERS--1l'he..duti.es and pcx~rers of the_electr ..inspector (a)....,TO..enforce_the_prouis.i.ons_of..this...chapter.-under. the general supervision of..the village building official uillage_:btu.ld:itig official. ` (b) to receive applications Ta.receiue..applcations...axul' 7.caiat..permits..ther:ecm..far:. the. installation .or..altexati~_of_electsa.cal.-ec~upmenty¢i.n..~.xz~ance.with_.trae..provsions of this chapter. fc) ..TO.:make_inspe~ions.of..e;lecL•ric~~l..installatlor~s.,_as.,prava.ded.by tiv.s chapter., and_to._issue..a_cex-tifiu3te._of.approval. on._wiraug,..installation, apparatus, equipment.or_light_£fixtures:-aftes:....uvstal7.ation,_.thereof-, ._pursuant._to.pexmit granted provided.cad._samerc~m~lg._with_thE.ru].es.and..r~u:Latl.ons_.of...this.,chapter and other ordinancPS_:of_the~cit}r.,...faze-_permits..t]zerefor.,._.and..f;he...currect...issue.of..the National. Electrical..Code.._._HOwezrer.,._if..defects.,_.onu.ssicu~s_or,.vio7.ati.ons..exist,~_no certificate of_approual..sha:Ll.be_issued..until_,corrections..have been made. (d)....7b..keep_cup...fi.1.e_;uihis_o£ficy..a.13.sL-_of_inspectad...e].ectrical equignent, aswi.sued.dzy._or'~for..Vwriter.'s_Laboratories, _Inc_,_which._lisfr-sha11 be access- ible.for_.publio~.xefcsence_duriszg.egu].ar_office hears. (e) _...TO_keep_.caa;a~:Lete:.rernxds..of..a11._permits..issued.,__inspect~.ons..and reinspec- tions_made.,_arul_.oth~...official_wcirk.-perforrn~..in_accordance_wth~he,.pravisions of .this chapter. (f~.......TO.fASpecct::any:.wa.r}.ng..or_~w.pziert..cotuluc:tiug..or...usting..elec4xic current for:...light,...heat_or:.po<aer_::i.n:.the..Uillagey _and...if_ r,.onductars_.and-equipment are found to_be_unsafe_.to_life_or_propex~fry.,..he:_shad-.notify_.the:_gerson..a~ning.or operati.tzg such..wirittg_or..equi~it_to.correct..the...condition...wlthin...a..for,ty-ea.ght. hour period or_within..such:.larger._time_lianits..as..he..shall specify. • .Sapp. No. 9 - '76.2 - (g) He shall,.haue..-the..authority..to...cliseonnect;_service.-.in-any..builcling or premises.containing.llefect.~ue_or_hezardous_.w9.ring_.or._equipment..upon.failure to correct_ihe.uiolations._specified_in_subsectioxiw_(f)_._of_.this_section....._He sha11 also have.. the.authority_to_disconnec:t_service_in any.. building_or.:premises imnediatalY . upon insp~on.when.emergency.,_hazardous.eo~nditions..arise,-.such.as.fires, starm damage, etc. fh). To..enforce..a11 provisions._of this_.chagter.,.:and_far-..such.-Purposes, he sha11_have..all..the_poJrers..of_a.police_officer._of._{he..V.illage...He_or his repre- s~ntatiue..may..enter_an)r.-building..or. premises..for._the.:purpose.-of_maki.ng electrical inspecta.ons..or to..preuent_violations_of_this_chagter_:upoa.presentation of proper credentials. (i) wheneuer_any_.electrica]...work..is_being_done_cbatsaxy._to_.the provisions of..this..chapter.or.is..being.done_in_.an..unsafe_ar..dangerous._manner.,-the electrical insgector_,may._crder_the_work_stopped..by.-notice.in.writing..serued_.on any person encaaged..in..doing_or..causing-.surh..work-.to...be.-done.,. _aixl._any..such--person._shall forth- with stop ..such work...until.authorizeci_l~y-..the._electrical...inspect~_to..secom~ence and proceed -with the work. If,..in._the.judglaent..or:.the.:.electrical._inspector.,..any..electrica.l work or portion..thereof..is/deemed._unsafe,•.he_shall_cause_all..persons..to._be-excluded from access..thereto-.or_use thereof. The..electrical._a.nspecfnr.shall...notify...the_aaner..or..his_.agent,.of.such unsafe ~Onditicns.,..and _the.-owner...or_his_agent_shall. wdthin._turenty-fwr..hours .thereafter, appoint.:an..arrhitect,_engineer..or_e1eG.trician-#.o..re~esent.him.,-and.the electrical inspector.,.with.such..:architect,._engineer_or...electriciaa.:shall...appoint.,and additional Party. as .referee-._.ILt.case_the...electrical_.>nspectar.-and_~aner:_s..representative fail to .agree_.upon .a..referee,._it_.sha11._be_the._duty..of...the 17~.llage_Dlauager.to. appoint a o~petent-.person..as .a-_refereer..__r~e....decision_of..the...majority-~of._t]zis_.cx~mtnitt~ shall . be final......If.xourui..necessary.,. the o~ner.or..lus._agentshall_inmediately make the condition__safe.~._or.,.in.:ttie_event.of.failure_on their .part•to_do...so..within.twenty-four hours..after._the-.decisioa_of..the..oortmittee,-the..electrical-:,i.aspector-may make such condition.safe..and_secure.:and_charge~.the--expense_o£,.same..against.such property, or_may_order the .electricalsaork ranovcad. (3)..:...The-e;.ectrical.:inspec~or,_.hi.s_di.~.-authorized assistant,..members of the nntractors..Hoard_a11_charged.with..the._enforcement..of..th}s_chapter-,..:and acting for the .Village.._in..the_discharge_o£_the~'_duti.es.,.._sha.L1_.not_therehlc.-carrier themselves liable_.personally-,.-and. *h~,--are-.her£ley-relieued-fran_a1.L.personal..-liability for any damage_that_may._oecsxr..to-_Persons._or...propertu.as..a._result..of.-any._act-r?m,;Yed or .+~+;ttarl._in_the..discharge~£._.their duties, v)3 chapter P..or._Hha•_doea.not_possess..a..currently..effeckiue...certificate t11is..c•h~~or'., -,to..do..any_electrieal._construction..in..the.-uillage.Ar._c wiring„ .apparatus:,_cxl:.._equiplcent..for_light, heat_or...paaer...with9.n..tho .as otherwise...prouidecl~in_this chapter.. INSZP.LL laWYUI roc ally isions of this as..provided by aka any repairs .:city, except Supp. No, 4 - 76.3 - _• Sizr.f'~[...13-7.1. P+U:~PC. ciA. rf:C;i[~~T~.FL'P1CSY_HAVSNG..FLLt.~:CPFitCali:FRANCHISE--lt..shall..l~e._unlawxul for any per:se:Aa.t;:,. .~scc,~.nnect,..a.1.k:er__cr,..t~in~.c..PaitTi-any-sezvice aguzprc~nt,..sueh a's se~v~.e~2 drop,.. c5azr'r_c¢.~crs.,_mr~t:ar:~_cr.grrottr_•t;.ve. devAc+es .cssmed.bi=._a..mcapany.r~r corparation hold5ng..a_:Eranc:taia_faz..e:Lectc.caf._current_.for..light,.hea°c...and._powec_.in.the Village except:,.,,n,~.~.y..aufiaoriai~_.ager+t:,,...i.icensees._c.r_ecr~plcsy~s..of..such carry, 5k!'7~ic&d...L3-:7.2., RLGISTRI~[`IGN--A1L.master_.and.sign~as'cez:.•e].ec~ta icians whose ~:rtificata:~,_are_u:;ed_#:ei.~ilif~;~.._for_,,~aupational 1ic~:nses..as...defined._in..this chaptex and_.all.ma,~~.irler:;~~c~._elect:ric:ians:.aa3._i.nchastsial plant_,eleotricaL.maintenance super-: -. visors_.mu:~L-_re7is3zr..wif•1i_.tFae..electrical_inspector..thexa;ue-.aad-.adclress._of the person by.:vY:cm:they..zxre..regu.larEy_ezcplo+~cd,._and_they-.may atuat.be_c~pLoyed_by_srore than one p<:rsoc~. _aE_.any-.one...timee __Suc~a xegistrationr_in...the.-cG,.se_of.a.mas.tez_.electrician, rmast_Lau_i.n_fYae_f~~u_a~.a_l.etter_fran_the..master._elechxician.aud_.the..pexson enploying hi.m. ' SD:_'CIGN...1:3-i3. EMC'.LAYL16'NS..Ol~'.C)NI,1C~iSEt]._EJ~7.iiLl:.LA.yS..ria~riyts~•~r+,~... ~• NAY C;C7L~1~~).RYC .E:{C.'EP'I'` OaIDEFt_ L1(~FSvSE,D NASTL•'R---No.-ma.ster._.e7ectrician _or..other person :~naT~~irC~!,?y any_pu.>on..to W ...ir- ..tIe capa.:a.t1Z_of._azi...electeiaizn_:Ln._the Village ua.Less..w+.rcl:..tss~:i.eyiree_ha:~._i.n I~.a.,..passessican..a.._cu~~:t1y_effecatiue..~stifi.:ate of ce.~:ryc~_t.x:~y. psi w>d_unc'.earl:k~e...pc~,risions_of..ttaus..chapterv,_or. a_.tew~,aor_a:.y_peimit issued by.tlae.!:_h:i~>i:_i:leers::i~-c`l._Ti?sr.r,.•c:L-or_Frrnding_the•-~.lvy~.taking._ttae-.ne~ct scheduled.. exa3risu-i~;tarn~.-_.__No...3r~tzx:rlelZmar>r_P1es:tcician_Shall.~o.~].ectra.cal._cxrrk._of_..any characte.. in...the.Vi:~.i~z_,unless..Yic:.:is..r'~t3.y..c~xt.i.fic~i.uxxdPx-.Rtai.s..chapt~s.and.,.est~.oyed by axid:: wacky .s?>.tiie~ .,ch+a_.da.a:ec~_Mufert~.is~;.an_o£_a.masfec_e:Lectsiciaxi..duly_cext:ified under the prov:~sAOr,:waf_..:bis clairptt~:r, '1C) . .:_...PLtuVS. AND. at saa.~_::ir,~..ap<~].icati.oir_.is._made..fac-_a_bu.ilding:_perlnit, if any. 7"hFw..ptaas..rrur>L..}ie_.legibl~C_dsawu_.or._LuinterT._to.a..defina.te_scale.,..by..an architect ;, enc_ri.n?rr..,_.rraat~.~-_electriczan.,_elp-•+r-~~=1..contractor-..oe._oxmer....One.floar plan being ~ sufficniert._if_it..can.ifs.aazdn•.._to,_:,b6ia._all~the_.psoposed._elactric~l._worlc;. otherwise; Y ... two..ur..zt~r:e_.~'Laes_sua3.7.~e..submS.tts3..--1`lae_plaaas.shal.l.sba~t._tb~.tstal._floor area,!, ttie ; syuaz~~ few=f=...cf...3:he~bua.lding_uardei:_r~oasiderati.or..,__the_paint_to..~ai.ch -the servioe i conneK:t.ic~ra..~_tca..sr~ cn3cie.,,_the..~iLe_of.._sesu~.ce_~and..subfeed..wires,._tiva locat:.ari of sezi+.a.rc~.sv.,,inrsiaea.:.aud.~~.r~.x_of..disY:r:uatrtion_y._and._tl~_arrang~nt.-of,.c:Lrcuits sh~r- . irg•.3:?ae..nut._os_ou~ei:s..oanx~ect.,ed..t.Pier"rtob_...The~plans.,.:arf:_tound„in,.order, must L>€~st=aar~'~L~osre3°...blt.the..e7.ec.°ke:real,.a.nspectox_orr..a_duly-authox:ized assistant r bafore~_th~_lrui~d£nc~,.c~zmit.o~fhe.xlectrical_.petiznit_d:an,he..obta3ned-..and before any e:1e<,trzcaX~~arxk_can~a..star-.cad.._._Copaes..of_.all.hluepri.tats-.and.clrawings__of. tlu.s nature1 . must_lw__..E'zlrzi...iai_tFe_uff~c~._ot'_fbe_.bva..ld~g-inspector_of..the.uilSage•-for safekeep- i.ng..rwiu~._rant:ur:e_;re,`:e.:s:en~.,_if..r~u:i.rrxi.la~e..the..latter.._... _.The_..installation,of the wiring apr'+azatus_or._-:yes,F.anent_._for_5_,~~}at:,_.heat_or pow~s'_w.thsri.-or._ar+=~h _to~ny building or_.preznr`s~,.._L-ia~~o'r_p~ciuaY:e_r..x_public..use,--uarst-be..done_stractly_iaa accordance wak.hh...tb~_p:iazr.s__~,zu1._s1~eci~a.eat:~~rs,,..s~.:mi.ttaim._-1S~r..char~7es--o~.~.:,saons._.in the wiring ~, Sys.tin..st-Mxna.on..tJ~..p:~,an_=.ri~.lsf _Eir_st..}ae_apprrrzed.by-_the..e7.ectxiczl.._inspac~or and sucia _.aT~rov _u. _notr'd i.n writir+a o Supp. Lia~+ -• '7G.4 _• • ~~ 13-15. COfICF.HLIDTG. wS12I1~]G_OE2. person wing-.tFie'-pexm:t..tci..notify_t~e ready_for insPec-tion._.~ailuxe...to-.make violation..of~this chapter. lt._shald._be_unlawful..far_.any~pessc>n...ar-his_agents..o~:._employees to cover or_.conceal..an}e_w.ixiny...unt_il._a..cFr~.ifi ~te_of.inspec~tion.P...~-..form of a sticker.:placed._en...the-_switclp--has_been_:isswed_b}e...the.•e7.ec~ical,-~.nspector er h5.s..uss.iswntP..certify.iaig-that....the..war.ing-has~een.-i.Y~pected..ancl_apprwed and is ready...to be_covereda._,_:I:t.sbaY1_be_unlawful_fo~aa~c_:cnrpcu'ation holding a francksise...for..the-..purpose..of.._furnishing_current_far_.light, _heat- or -pouaer in the Village_to_cone'sect.-its..sow:~of_pczaer._to._any_electrical_.installation in the Village_wi~lwut._f3.rst..harix~_.appcoual-._thesefo~.fran._the-electrical--inspector to ' a.t,.~, otffor+ that citt~h_ v".[ysf'3llation hoc n incr~at~l-ec3_.and apprOVed. Whet~_a_job ]S fina5'L out _the..persatt.. to_notity... f rii'~1:, inspecti~_ _ ..Sai.luc of..this chapter. ~aub1~Y x.`~^i t_£ee:~will_be_c permit... Violations.~sbal.l -2:-e_ ~aY'r noticei:rom_.electu.ca7..inspectcr. F1 .pC'YIAYt.IC0.15L -De..SSI.:.'U7..- ~ • w~•.uic._c.w..-........-.........~~~_.- QSI._b'hal.~._YJ~.-tHIILJO ln..the...TJ..l.,].lagE_Can-bB-..CalYl~n"' C~.r-~'F'"~"he~r the inata1'7 ati rary Or permanP.nt,_ancl..wkaetilaaawfor..wiring.,-aPParatusr-•equi~snent_.or..fos'.-making extensions or..chall9eS....to.,exi3~.s3 -wiring_~stEms_or..,L'or_..:LicPub,.._heat_~_paeTer,..and..whether upon premises_or_inside~..outside•,_or_attached-to.buildings._cxr_stzuctures._of airy chara- ter, _ _It_shall..bes_unlawfu:Lfor_an~c..person--to.-Proceedaaitki.,suGh-.wczrk without such pay,r~it..oy:yx~..~zaz-y..the_texm~....of_such_~rm~t_ar_nf_the.xec~}ze~nl'.s-af.-this chapter witlwut._the ctri~+~ r _?~T~asral..of...tbe_electri.cal.inspectord.:_FIowe~rer_r-any..oorporation holding..a_fe'aachise~fraa.the~iLi.lla~Je--fnr-the--p~Pcee-.o£._f,,,-,,; ri„Q_.electrical c~srent for_light.~_.heat..or.._poCaer...sha:Ll_haue_a..r';h*-tD-install,_mnnect.-.disconnect or remcnze_etc-:.cs..ox._ttaeas..proLecstiue_deuices_without_ohtaining-a-Pesm~.t under this section_af ter ~a_cez~tifa..crate.-o:E.~p~caval_has-.been.-issued..r~n-the_-~-nstallati~. under .this A master and ~i.s_chapteY'. t0 • v+mers._v~o_s ,a't ° i=}~-acoar'd:Yng:.to_the_provisions.-o£..this_chaptezv.~to..duly re Inainteaance._electrici.ans.,..but-only_to the-.ext~t_.pravidecLin..this chapter- ;:; i~al'1-5e _ uty of the tcr._that_suc;h job is shall _be deemed a the person tak]1lg h..is ready for clee~.d_a violation electrical receipt of SECPZG,~i.~.3~18r-~_CAMF' - Y~7AT1~}TF.NEI~K.'F.,Gi:F_C!f'R2(TZ1NS-.--.Pecmits_may.he.,a.sslled tO dllly e,_extent..of _gernritt~ng reasonable qua ~.ific3._maintenance..e rS°r,cs.ans_ - Y-~- liatic~ns_.A~G.saising~ apparatus altpsations ~-. aciditions__or. _eas`~.ta_ eoc:istinr3-.insta or..equa~nent_iastalls3.,_ocwtainecl_or-_used._upan-~ i~~ _oz_a.n_buildiuigs v+med < .Sapp. No. 4 -76.5 - • or.occupied_by..tl~e_pexson...by:_whcsas>uch.main+~nan~...elecErician.is..tegul.arly employed. Such._alterations.,.~dd~.tions.-or.?Y* ~^^ ..must .be of...a minor .characten..and shall be oonfined..to.any..existing..branch_ciscui.ts-..and..fixtures,.-apparatus.,or.ecnu.Fanent connect- ed .thereto, .hut_sha1.]L._not..include .the•.-installation._ar. repla~n~nt•_of service eonduc- tors -service..equipment..or._subfeed_.circuits_up..to -the . final..center ~.of ..distributiml. No..alterations., .additions..ar--extensions.-shall-.be...made.~.ahi.ch..weuld .place an overload upon...the.service..conductors,-subfeed-or.branohfeed-seruice..ooirluctars, or overload the .prntectiue_deuices _through_which_electsical_p++A~)-is applied. SEC"f20AI.:I3::19r__.~_:SAME.:O1~RtS~-.P.ermits-shall..be.-issued.,to.a.bona fied owner .. of..property- t -to_ tall., or..repairer..personally,..electrical wiring on property owned.by..such_person.--providing....the..follaaing..rules and regulations are followed: (a) . Such owner-.must..su}sni.t_plans..and...specifications. to .the -electrical inspect- or-.for approval. (b).. Such canes.-mustsat5.sfg-.the.-.inspector.~as-.to-the-owner's ability and qual- ifications to.-install electrical wiring. ' (c) Such owner..-must~ake-.application for and secure and electrical perniit before coicmenci.ng...such..electrical work. • (d).. such vanes..am~.st.fi]z.an_affidauit that he.is.-the .bona fide owner personally installing..the..work..-on_his..premises only. ~- (e) . Such. owner..must..pay-the_requize3.peuni-t~_fees-.set.:forth .in .ttu.s apter, (f).. Such.oaner.must-perform._the-electrical.~rk,~ocord-ing..to-'she rules and regulations.eonr~+ncvl tn-Phis-chapter .and-ia.the•c~rrect tissue of-the National Electrical Code. , (g) . Such owner.lm~st -notify__the-. elec.-trical _inspector.when the work is ready for .inspection. (h)...Such.work..Aa:st--be-done..ksy..the.-aaner...personally.,. without_compensatiem or _pay-.-fran .anyona~c~r. hi..s...SaMr_,_and..such-.camer.,shali..not.-be -permitted to employ anyone.-else..to- assist.him_with_such..-electrica:L -installation. SEGTI~I .13.20.. __Sa1ME.:= :FEB.S-~he..electrical.inspector:,_on. behalf. of the Village sha11 ge- or..e ical-parn~i.ts-.at.the_following rates: fie. minion xn-.fee-..for..any.-pe~ut-far.. electrical .wock_.wa.ll be $3.00 FB~UQi WIFtiNG Outlets: Ceiling , Bracket Supp..No. 4 -76.6 - _. Receptacle. 1._through._5..outlets.......« .............$ 1.50 Switch Earh:.additioa~al-outlet-.........~..,..... .20 ...Sign outlet Door bell Floodlight .. .. Service: ~ T~orary..and._.oonstructio¢i.-seruice-~.....-.......-.~-9 ...... • ... • $ 3.00 100..ampere..and'_under--..._.. .................................... 1:50 , lO1:Gampere_to...200_e•--_._•....,... ......................:. 3.00 ..... 200 ampere. to-400_ampere_........~....~ ......:.............,..,,., 8,00 401.ampere.tp._6D0..anq~erew,. ............ ..>.................... 12'.00 " 601 ampPSe..to 800.ampere..._.. ..........................W......:'16.D0 _. BOT ~ere..to_1000_.ampere_-..._........ ...............:~::...... 20.00 Over 1000.a¢~g~ese-....... .............................-.:.....: 25.00 A charge.of.$1.00_.for.each.additional.meter.except.for first meter. FIXTURES • T,fights.l.thmugh_l0.bulb_socket..or fluorescent-tube .........$x1.50 Each additional. light..bulb-,socket::.or-fluorescent..tube ....... _ One_and.two..family..dwellings .................:.......... .10 ,, Commercial_or other occupants .......................... EQU'IPN~T7T For-each .range,.oven,,.surface.cook top.,-clothes dryer, .clothes washer., ..diswasher,.deep.-fryer outlets $ 1.00 One_and'..two_famil„y .dwellings ..........-......-..b-. .......... . Camiercial_.or_other-occupazits.. .........................• 1.50 _ For.each_wrater-heater,..disposalr._sma11.-fixed appliance One_.and.,two-family.dwellings_~......_........................$ 1.00 Ca[mercial._or_other..occupants--~._. ...................... 1.50 For.electric_heating.,less_Phan 1.5 K.W. ...._$ 1.00 .One ..and.two..facni.ly..dwellings_ ..............•....•.. 1.50 Cemnercial_or-ether.occupants _............•....._....,... .Each.additional-K.W..-ar-fraction thereof ,10 One~.and..t~ro..family.dwellingsY.-. .............•............. Commercial ..or._other occuPaTl~ ... • -....... • • ..... '.'• ... • .. .15 s Motors_or.generators...including controls .......$ 1.00 Each.motor_up_to..and .including-l..h.p. ........... Each motor ouer...l.h. through•3.h.p. ..........~....... 2.00 p"" 3.00 .Each motor_~~er.3-h.p._-through..5.h.p.. ................. _..., Each.motor...otAerS..h..p..-through._8_h.p, ........ • • . ~ .. 4.00 Each-motox-over_.8.h.g.._ttv:ough..LO_h.p~ ..........-..••••. 5.00 ....... Each..motor...over. 10..h.p..-thtcaugh...25_h,p, ....,-...., 8.00 Each.motor....over-25..h.p._through 100..h,p. .....•••••..... 15.00 Supp. No. 4 - 76.7 - . All.. over 100..h.pa.-.$15..00._plus_..10..each.additional h.p. or.fraction thereof Storage batteries For.each._set..of..stor:age-batteries.for.light, heat or .. ,power .installed..in.mnneclion_.w3.th generators ar _.., rectifiers.___•_-d..... .......................................$ 2.00 Rectifiers For_each.rectifier.less than 1 K.V.A...: ...................... 1.00 .Over 1 K.V,A..ancl.le~^ than..l0.K.V.A, .. .- ........>... 1.50 10 K.V.A.. and aver-- $2,OO.p1us..50.each additional K.V.A..or fraction thereof. ' The fee.f'or.any equipment not oovered..by-this section shall be $1.SO..for..the first.K..W...and..ten cents for each additional K.W. WELDING MACHINES Deteruune_the_ampexage..as follows:) ...Up,to.6.~npere .......................................... ......1.00 Over 6 ampere..to 12.ampere .............................. ......2,00 Over.12 ampere_tn.18..ampere ............................. ......3.00 Over.18 ~npere.to_25..ampere,... .......................... ......4.00 ..Over.25.aag~ere.to.30.ampere:.. ........................>.. ......5.00 ..,. Over.30 ~npere.to 35.ampere._. .......................... • ......6.00 Over 35.ampere..to 40 ampere..... ........................., ...,..7.00 Over..40.ammere.. ...................................>..... ......8.00 MEAT CASES AND.SHOWCASES Detete m nenum~er of lights) First 10 lights or fraction thereof ............ .....1.50 Each additional light in case ................. ..... .10 ELECTRIC ELEVATORS Determine' y motor size. DRY.TYPES.OR..AUTO.TRANSFORMERS Less t an K.W. .. .. ......... ~ ~ ~ ~ .....1.00 $2.OO plus .l0 each 5 K.W. and over - additional K.W.. or fraction thereof POOLS Each .wet niche lighting transformer. ................•.3.00 COMERCIAL FLOODLIGHT. OR SPOTLIGHT ......................1.00 MOTION PICTURE BOOTHS For each .motion picture booth, including ' all panelboaxd, switches and machines......,.....<..5.00 • X-RAY EQUIPMENT Eac x-ray or high frequency machine including switches and control .....................5.00 E ."N®. 4 -76.7-• 19 • CAPACITORS Eac~i capacitor, installed for. power factor..correction........ :........... 1.00 LOAD REGULATORS Eac ... ... ..................... .. 1.00 CARNIVAL. OR ROAD..SHOW ...... ... ..••• ...• ..1©.00 FOR. EACH CIRCUS ............... ...... . .,..25.00 FOR EACH.. SPECIAL'. PURPOSE OUTLETS. ' NOT HERETOFORE. SPECIFIED... ... ........ ...... 1.00 SUBWAYS O through.100.feet.,. each..foot .................... .15 Each. foot. over 100.feet ....... ................. .10 TRANSFORMERS.. OR. BALLASTS.PERTAINING --TO ELECTRIC STGNS µ, Each.. .. .. ... .. ........ 1.00 Lights~l•through~l0.bulb.sockets or fluorescent tube.. .. .............. 1.50 Each additional..light~bulb~socket~ or fluorescent-tube ... .......................... '.10 • But not-.to-.exceed.-.$10.00 for .any - electrical:sign. that.-contains.: only;-bulb sockets V Streamers.. or .festoon lights ~ , -.. First 10 ].,fights .. .... ......... ......'•1.50 Each additional. l0~or~fraction..,......... _ .50 RE-INSPECTION When extra inspection_trips_are,-necessary..due.to any one of .the following.reasons,. a. charge.of...$3..OO..will.be:;made for each: . trip: (a) Wrong Address. (b). Condemned work (c) .Repairs..or..correction..not made when inspection.,.called for. (d) Work.not.ready..for inspection..when called.,;. The payment. of..re-inspection.fees..shall..be...made.before any ......further permits..will..be...issued..to.the..persom'owning the same'. ;i, .SECTION 13-21.. SAME:TERM:-'-PERMIT PERSONAL..TO APPLICANT e' EXPIRATION---Any permit. slue ;.un er t s,~ chapter.shall..be persona~to..the applicant-and.if. not exercised within three.months_after-.the.date.of_.issuance: shall become ,. void. .If.the electrical..work.authorized..by.such permit is ~~ Supp. No. 4 76.8 . ~. ~• suspended..or--abandoned._.at..any..time_-after the-work_is commenced for a period-.of..sixty...days.,. such... permit. shall..likewise become vmid...... Before. such work. can.. be.. recommenced.,.. a. new_ permit shall. be..first obtained.to...do_so,.._and..the-. fee... therefor...shall be one- . Tha1f. the_amoun.t..required-.for..a.,new permit. ,SECTION. 13-22 ... _. APPEALS--- Any person who..feels._aggrieved of any decision..or.act on...o .t t electrical=.inspector_or..who..,may consider that the. provisions.. of this chapter.do not,.cover._the.point raised or that.any particular_provision..would_cause.manifest injury to be.done..may appeal_to_the_Board_of..Contractors.by.seraing written _ .. notice...on the. electrical.. inspector. SECTION.. 13.-23. .SP.ECIAL._RULER._AND..REGULATIONS..EOR.SERVICES AND ..FEEDERS--- A.. ..A l.service..con uctors.s a 1_. e...encase n a U.L. ;: _ .approved raceway.__.This.,.shall..not.apply..to..single _family dwellings. or. primary_ cable-..on..any. buildings_ so-.long_as..these .services are, installed,_operated_and_maintained..by.-a_public_utility company or.a communications company. They shall.-be...required.to submit a plot.plan.showing.the.secondary-..service. layout. The raceway- may be: (1) Galvanized_or-sheridized_threaded.conduit. •. _(2) .Aluminum..conduit._.(not_approved..when..used..as.mat) shall .not be installed-.in.concrete._.unless_U..L__approved~for .this usage. ~, (3)..Electrical..metallic tubing (4) . Rigid_ non. metallic_ raceways..on._load. side of meter.:wr, ~ !: _ _ _ .(B) ..All. feeder. conductors.,._except_existing..serv.ice<,entrai?cea~cable; shall.. be encased_.in.U~L..approved_raceway<..,.The_raceway may be: (1) Galvanized or .sheridized.:threaded conduit. ~~ ' ... ... ..._(2)..Aluminum.conduit. shall .not_be.installed..in.-concrete unless U.L. approued_for.this usage. (3j..Electrical_.metallic_tubing_.may...be...used_.onlg.above grade. .. __.._._..(4).._Rigid..non_metallic raceways. - .GC )._ . The_ service,for. a_store..shall~be.-a_ minimum one...inch raceway . . -_ 60_ampere..capacity,...3W_115/_23OV.,_single phase.:.. (D). Conductors_.in_commercial _.buildings..from.meter to-:panelboard shall.be..minimum..60_ampere _.capacityy~3W..115/23OV,-single phase, installed_in_.one.inch raceway. ;, (E)...All..main..switches..and.submain_switches..and_.branch circuits must.be.plamly..marked..so_,that_the-.division,_subdivisions or .• seperate.occupancies.-of ..the..building_which..they_control can.be, quickly.and_positively..identified. (F).-ln.multiple_meter_.installations.,.only-.one..set.of service conductors shall_be.installed_.in..service..raceways.beyond the assembly of_meter.sockets.,....gutters..or_other_..approved wire encl®sures used exclusively for wiring. of meters. Supp. No. 4 -76.9- , • (G) That. the service conductors.from the poinr of ..entry into the build}ng.to..the_.main..service..disconnects shall.be.rio.more than six feet. ., .. RRCTION 13'-24. OTHER GENERAL kL;QUIkEMEN'PS..FUK E1,ECTkICA1, WO1tK--- 1 a U.L. approved_rigid meta:l...condu~'to_n~n met~a~~ia conduit, surf ace.metal.raceways.or electrical metaliic..tubing.shall be req- uirements for_.three_families..or.more,..and.ir:.churches, schools, hotels.,. theatres,_public.buildings, commercial.buildings, manufac- turing.establishments and a1l.buildings in..the.. fire zone._ (b)..U.L,..approved.non..corrosive.raceways,..fittings, boxes, and. related.accessories.shall.be..used.on_marine.docks. and sea~~walls and. other.similar_type..and..related_structures,. (2).....(a)..In.all..stores,_office.buildnlgs,.public.a~sembly halls, and.commercial.buildinysti..all.receptac`le.circuit.outlets sha1.1 be rated.at.3.75...amperes.eacha...A11._general_lighting circuits shall be raged 2>5..amperes..for._each.outlet....A11 comPanation receptacles and general,lightiny.c:ircuit_shall be rated,3.75.amperes.for,each outlet (b)..In.all..s.tores,..office.buildings, public assembly halls, and commercial buildingsthat..are.equipped..with summer. and wintier air..conditioners,_each_electric.outlet.shall.berated at 2.5 amperes _each ,...except.. those...autlets..specified.. iu .. subsect~cn . 3.. below. . These .values...are..to..bs._used..for computiny..sexx~ice..conductar sizes and .number.. of.outlets.on..brancki circuits. (3) The.maximum.number.-of,_MOgul.basv light.. sockets shall not ..exceed..three..per....15._ampere.circuit_or.four.per_20..ampere circuit:. No..convenience..receptacles_shall.. be .pc:rmitted,on_.a_branch-circuit supplying.MOgul..base..light.sockets. (4)_.Every..commercial..building,.other_than..warehouses, shall be .provided.with..a.minimum 20.ampere.sign circuit.and,.outlet switch .. to same. (5)..New..o+itlets..fo.t..all.electric.stoves,..ouens.and..water heaters _.._....shall..be.equipped..with_an.appx•oved.receptacle,which. must be located. .within..six.feea...oE.the.stove., .. oven. or.water.heater,..and which must _......_be..of_.sufficient..sizeo...These_.units.shall..be connected to .the receptacle...prouidec}.~by__use...of..proper detachable..plug ands=cord. _. (6) All.water..heaters.,...except .the..fully..automatic..type, shall be equipped_with.. a. pi lot,.light_.and.indicatin+y switch.... The switch and pilot.light_.must...ine.located..in..a_conspicuous place inside the build- . ing.,-preferably in .the kitchen or hall, • (7) Any.building.t.o..be..used.for.other..tkian..warehousing purposes .or...residences...shall_..ha¢e_.receptacles.installed each_twenty feet of ..wall space...All receptacles.shall.be installe.d.at accessible locations. and.this...accessibility. shall..be..retained regardless of wall_fixtures_or.other..modifications._required...by_.the tenant. Supp. No. 4. -''/6 .10- • (8) The. use.-of...non_metallic_sheathed_cable_shall_be..restricted to..residences._of-_not_more_than..two...occupancies..._..No.metallic sheathed. cable..shall..be_run..on..top._of_.ceilings.foists_within.eighteen inches of the junction of_..the_joist..with.-the..roof.rafter._...Non metallic ~. sheathed.cable..shall-...not_be..run..on_.top.of.ceiling.j'oists at other locations. ...structual..members-.of.buil(~gs_shall...not.be..cut, except as. shown..on...the.building plans ... (9).:...Non..metallic..sheathed..cable ..shall_not..be..used_,in._the hollow space,. of _masonry_.walls_or...embedded._.in._masonry-.:__.If...run_of .furring . :...:. ...... ,.,:. .strips.. .there..sha11_be...a_minimum_.of..one..:inch..free._ai~r.-space between the .cable..and.masonry...If.-not*_the-.conductors_shall.'be encased in . me.tal..from..outlet.to outlet. -(10)...Be11...or..signalling_transformers...shall...not...be..;bnstalled in attic..space_.or_.clothes._lockers.._-_-In..new_CBS.construction, the same provisions..sha11_.apply.for-low_voltage-.installations. that apply to _circuit wiring. ..(111...Any.kitchen,-.bathroom.,....utility-room., ,workshop, garage or equivalent...car...storage_.space_shall__be.provided with-an.electrical outlet_to..prouide_proper_.illumination. (12).._Elexible_metallic_conduit..:-(Greenfield)_may...be used for ~~ flexible.. connections_.to equipment-only_;.except_.that:three-eightsr- inch..may..be._used_for..show_case_.lighting,-_recessed_fixtures, boiler ~..controls.and-.motor_tails.._..Otter._uses_by_special•.permission of the ~' .. electrical...inspector only. (13)._..Armored_cab.le__(BX).._shall_not_be_.used_due_.to-.climatic condi- tions. - (14) Only:one..short..ninety_degree_.(telephone).-.ell.~shall be used in..any.one'.conduit r+in.~-.and_.it_.shall._not_.be.._.more_thaa- six inches from_an.accessible..pu11 box. (15)...P.ortable..cords_.attached._to._music..boxes, marble machines, floor..or..table_lamps_.and_other..similar...equipment_shall-.~oinexc~sd six.feet_in...legth_.form~the. pquipment_to_.the_outlet_supp Y g current.,.... and_,the_cords._must.not be..metallically attached. (16)....A.minimum..conductor..capacity.of..20. amperes.,.`.property pro- tectedf._shall..texmiaate...in_.a..shout_window..area_~..The...maximum number ...fo.outlets. shall.. not_exceed_eight..per circuit. (17).,..In.each..branch..circuit._panelboard..cf.an..residential occup- ancy.,.there_shall._be_a_minsn~m..of_two,.extra~fuse--holders. or breakers. An.empty.raceway_terminating_in..an-.accessible...attic..and an empty. raceway..terminating_to..aa_accessible_plaee._either..under the floor or-to..the. exterior_of.the_building_above-finish.:.grade shall be . installed. Supp. No. 4 -76.11- ~.. ,~ ., , ~• a'(19). Built_in.ranges,_.broiler_ouens and.q~cills.shall each be _~ controlled. by, a__disconnect..or_.breaker._.of_proper_s.ixe for each section... They... shall_.be,. connected.. to_.branch_ circuit_.conductors ,.....by.approued._receptacles,.attachment_cap.and_cord.,__Receptacle shall _ ....._ .... be_accessible.. for..quick..disconnect. _..1201•...A.sma11_appliance.circuit_shall._.not_feed_more_.than.four out- ........ lets. .... _ . .(211..A11_air._.conditioners.shall..be_.installed~.on_a._saperate cir- ,_cuit.,.. not.smaller...than_a..#12_gauge wire. ... ' _,(22).,..A11-.diswashers_.and..garbage_disposals_shall_be._installed on . _ ., _ .... _ seperate._ circuits,,.. not._smaller_, than. ~12_B_.&.. S ..gauge wire. .. .. .(23)....A11..1ightiny.outlets_in..bathrooms., ..toilets._,_or~.over sinks ...._....~..or..washbowls..shall_be_controlled...by_a..wall switch. .. .(291__A1T...electrical.conductors.._installed._underground shall be _... .. ..encased_.in_.an_.approved raceway. .. _ _ ...(25) .. _All.. electrical_equipment_ shall_.be_ accessible~.for ,servi.cp or removal. (261...Groundiag_tgpe_receptacles_shall_be..inStalled.on all new _ .installations. L- ~' . ...~...(27)..._Water_.tight.compression_type_EMT_fittings,_.sha11"be used ......when..installed_..underground_or_in_concrete, _ _ _(28)....NOn,.metallic_,sheathed_,cable_.shall_.not_be...used_.to connect ................appliances. or. equipment. ......,.(291..-_.Rigid.metal_conduit_or_approued_.mon_metallic...raceways shall _ _.-. _.. ....be~.used,_on._a11_.underground,.installations_and._~n_.or~under slabs .. _ _,......poured..on earth. _ ..~ .(30)...,. A.. seperate.. grounding.. conduce*or. shall_be.. installed .from the . ...__...grounding_..bus_to_each_.swimming..pool_light_junetion box. (a)...The._use..of._120_uo1t._equipme*+t,_when.,.assembled_.in: submersible ......_. units.for_disply_fountains~and....reflector_pools..shall,comply with .. .,. N.E..C. article 680.. (311. .(a)., .Cable:.heating..units...exceeding.three..thousand_.six hundred .. ... watts..shall_be..ins.Called_on_.seperate.circuit"~;. . (b) .Automatic..devices..used...with_cab1~~Theat_sha11 disconn- _......_ ect..all..ungrounded_conductors_simultaneousTy `. :. .....(32)..._Exit..lights._shall._be..,shown...on...electrical_.drawings.,.as requir- .. ed__by_.Southern_.Standard_.BUilding..Code, and_Na~ioaal_.Eire. Prevention. Code. •_. SECTION_13-26..._.. _AEPRO3TED..MATERIALS-rrAll...electrical..equipment shall be_ in_ conformity:.wi .. e.. prov sions_of._this..chapter.,._,the statutes. _. . of the..State..and,..the..rules..and..re ulations_.issued..b ..ahe State 9 Y ' .. H~tel._Cornmissione.. _They..shall_.be 9 nstalled_and~used.so as' to be ' _.._~......_.reasonably_ safe._io._perspny,._and. property, ,' Conformity..-of_.electrical_.equipment_with..a~plieable standards . ,,_ _ _ ,.of..Underwriter°s..Laboratori.es.o .Lnc.. _shal.l_be_~ima:.:facie evidence that.such.. equipment_is.reasonabl~c..sake: .to...persons_a,`ud'~property. ~.. The._.section._sha11_.noti;.apply_.to equipment. owned_andoperatdd bp' -•;,- public...utility_company_or_.a_communications agency. _~ . _..........SECTTON..13-27a~._..EMERGENCY..LIGHTINGr-r.(.a)._._Scope.....Emergency light- -..._, ing..s all_.include_all..required_.exit_lights~and.all..other lights that are .necessary.to.-provide_sufficient_.illuminatibn to enable ._.....persons_to..see.,their..way.out..of_.a.buildingP.. ..Such_lighting shall include.exit_signs,_directional_exit...signs,.,and.emergency ilium- ....inating.lights.,.dNFPA..101-10112) (b.) General~__.(1).. In..places._of..public...assembly..and in other _._._..._.occupancies_as_specified_in,.this. article,:emergency.lighting facil- ....ities_shall..be_.provided...for_exits_so...arraaged_.that.,_necessary exit illumination_will_be_maintained_.in_the._euent-_of_failure of the normal...lightirig_of..-the build'alg. ..(2).._._Emergency_lighting..facilities_shall..be_arranged to main- ~._.. tain._the...specified_degree_..of_illumination._of_the_noimal lighting ...: _...... ~ for..a..period_.of._at_.least__1,C2..hour,_and_fora_period._of at least .........1...houAAr,.in...hospitals_.and_institutions_._._.(NEPA101-5-10212) ". °...specir~ed~~'~iet~Y§Z~~~icl~m~~~~~~'~'_.~.~g~~~ga~~i~S~fA~eb~rdu~~i~~i~~ere -having....jurisdiction_as_to.-the._suitabilityof..the.equipment for its __.._...__intended_use..and_the..eonditions_.in the...individual-premises. .. __(NFPA_.10 1- 5-102 13 ) (4)..Electric.batterg_.operated_emergency..lights.shall only ____...use_reliable__types..of_storage_..batteries_auitable_for_.their intend- ..... _ ....ed._use,._and..sha11_be::prouided_saith_.suitable..facilities for main- .. _. .. .. .._._tenance_in...properly_charged...condition.._..(NEPA._101-5-10214) ,._. (5). .Required_.emergency_lighting..facilities_shall be auto- ..... _._.matic,..not..requiring_aay.,manual..action_to_put_.them._into operation .... after.failure_.of_normal..lighting._._(NEPA_101-5-10215.)' (6). Where..maintenance_.of_illumiaation_depends..upon changing ..from one..energy....source-_to_.another,_Cher.e_.sha17. _be_.no,_appreciable .. _._ ..interruption__of_the_illumination..during~.the.-changeouer._except that .....in. hospitals_where..emergency_.lighting_is_.provided'-bg.:a_.prime mover _'..,_n...:.operated....electric_generator.,_a_dela}r_.of_aot..to_exceed;l0 seconds . _,is...permitted....(NEP.B...101-510216) ' .,. __ ..:..........(c)......Type_1_.Emergency.Lighting , ._._..._.._......(1).._Type_1..Emergency-.lighting_shall_.be_.so..arranged as to ......_.provide.the_required._illuminati.on..aui-omatically-in~the;;event_ of._any_failure..of._.normal_lighting..due..to-any_fault..in the main • .. _..Supp, No. 4 .. _........., -"76.13- .~,...lighting..system_due_to_any..failure..of_public_utila.ty or other ... .___......outside._electric_power_supply,.._.or_any.,.single_manuul_act such as _. ........accidental.opening_of_a_switch_controlling_normal..lighting facil- ities......(NEb'R_101-5-10221) ~~ f71 -:~ype_1_emergency_.lighting_shall...be..eikiier_continuously is _.._ .. ~ opera~ion,_or_sha11_.be_capable... of`_repeatc:.d...automat.i.c.operation ' wih'7$lit.manual._.interuent.ion._.(NEPA.;1-O1-5-10222),-•~ _ .. (3) Type 1...emergency__1ig1~._sub3ect._.to_the...approval_.of the Fire Marshall.and.Building..Official,__may..be_prauided_b~c..any method or ... .combination_of_.me+-hads_.which...wi11_.produce...the..desir.ed results, such.~ass...(NFPA.101-5-1022.3) . ... (a) Two..separate__electric_ligh~ing_sys-tems.,_with indepen- ,....dent wiring., _.each..adequate._alone..to._provide_the....specified exit ._...;........lighting,.one_supplied._from..an_outside..source_such.as public .;. .. .._;.utility.service_and....the..other._from_an_electric _generator.on tY~e __. ,premises.: driven_by_aa...independant..source.,of,_power,.both sources .......of..il'tumination..being..in...regular_.simultaneous_ope,ration when- .....-.. ..ever the..building..is..occupied.._.NFPA_.101-5-10223) (b)~..An electric_circuii.or..circuits..used_only for exit ~illumination,..with_2 independant..electric-.sources_so arranged _ . _ . that..on_.the. failure_.of_.oue..t_he..other._wi11__come..automatically _. .. ... ..and...immediatelg_.into..operation.-..One..source..sha11_.be..a._connection from_a_public.utility..er_.similar_outside._power_source and the other._an._€~pproved..storage_.battery ..with_.suitable..provis.ions to _.. _ __keep..it_atitomatically...charged®_..Such..battery_shal]._be so provided _with.automatic.controls_.that_after_the...battery_comes into ~,-........operation_.due_to..failure.. of_the_.primary_.power_source., or due to .. ... .. ..._turning..off_.the..primurg_electrical_source_for_the_exit lights, ...........it..will..shut..off._after_its_specifi.ed..period_of._opAration, and will ... ...__....._.be_automatically_rechargec..and.ready..for ..further service when the . rpimary_current.source..is..again..turned_on._.-(NEPA..101-5-10223) _. ..(c)...Unit.._devices_:with individual..batteries._providing for .. .. _.. ...the,same_functions_as._.specified_as_item.,,(b)._above,.except that •c:;..the..batkery..supplied._light_masr..be_..operated_.on..a_seperate circuit _. ``'at..a..voltage..differenct..from..that_of_the_primarg_lightp.. Dry cel-1 batteries..may..bemused_.in..unit_.equipment..sub~ect_to specific approval_of_the._authority.,.having_}urisdictian..._(NFPA..TO1-5-10223) ....... ......... (d) Type...2..Emergeaoy Lighting _ .. . _ ... (1) _ ..Type.. 2.. emerQen;:y_ lighting.. shall..be..so.. arranged as to provide_.the._requ.ired_illumination automatically:..in...the event of .,.any failure..of:normal.lighting_due_.to_an~e_.faul.t.:~ri.thin_.the building 16^'uch.,as.opening._of..a_circuit,breaker_or.-melting....of_a fuse due .... to..a..short..circuit._due._~o_.fire_or_.other..cause_or..due`to over- ...... loading....NFPA_.101-5.-10231) . . _ (2)._.Type._2..emergency._lightinu_-may .be..either~continuously _:. .._.. in .operation_or_shall.be_capable..of.repeated_autoffiati.c operation without_manual~intervention..___(NFPA_1D1-5-10232) •'' (3) Type 2..emergency_.lighting_may,.be.~provided.by method or_combination..of..me.thods_that_will_produce_the_desired results, ...,.sub~ect.to the..approval_o£_the.authority_having~jurisdiction, ..........Supper No. 4, ,.._..... -76.14- • such. as. an arrangement_whereby.exit lights..are.,on-a. separate - ~- ,.electric circuit...or c.rcuits,...used-for no..other..purpose other then exit. lights.and..signs.,...such. circuit.or_.circuits..being Conn- . ected.to the.electrical.service.wires.ahead_of..any_circuit break- . ers.ar.fuses.controlling the_normal_electric_supply...to.the building _~ .. .(NFPA.101-5-10233) (e) Type.3_Emergency Lighting , il) Type.3..emergency fig)iting..shall.be.such~.as...to maigtain the required..illumination...automatically._in..the..event_.of failure- qf public utility electric.. service...or.other...outside source of energy. CNFPA 101-5-10241) ' (2) Type .3.emergency.lighting_shall_either_.be;..continuously in operation..while..the.building:is.occupied.or.s.ha11 come into , _operation.automatically and,..where automatic,.-shall .be capable of .'..-.-.repeated.operation._without...manual.interuention.....-(NFPA._101-5-10242;) _ . •• (3) .Type_3_emergency.lighting...may...be=provided..by any method , . or combination.. of ..methods..that.wil l.. produce..the_.desirEd results. (NFPA.101-5-10243) .- (f)....Type Ocupancy.in-.which.Emergency..Lighting.is Required. c• (1)...PUb.1ic Assembly `~-~ '.. a...For.the..purpose_of.. this_section..pubh.c assembly ..shall be classed.. as. follows: F 1. E-l.(laxge assembly)._7D0,persons oz more (NF.PA 10i-8-1132) 2. E-2 (sr,:all assembly)' 7.,5 to 700 persons NFPA .101-8-1132) , b. A11.p1aces..of assembly, shall have_emergency exit illuminati.on.as follows: 1.. All class.E-.1..places..of..large. assembly 'shall be provided..with..Type...l.emergency_.exit..illumination....(NFPA 101- s-12x1) 2....All..class E-2 p].aces.of.small assembly shall be provided..with.Type..1,.2 or.3.emergency.exit....illumin«tion, provided' that churches.. of_Class., B. or...C,.used_exclus.ively.for religious worship,.shall..not..be.required"to.-.h3ue..emer~ency.lighting. (NFPA..101-8-1281) ' (2) Educational Occupancy Buildings..designed...for.night occupancy: shall have .' • Type 1 or 2 emergericy.exit..illumination...-(N~PA_101-9=1411) Supp. No, 4, .. -76.15- ~~ All Class A. stores-.shall..haz~e..emergency..lighting • . ities....conforming..to•.Type_ 1..or..Type..2.specifications.. (NFPA 12-1292) - • -- facil- 101- b...Class_B_ merc~ntile_.-..-All-.stores_.of...less.than 30,000 square.feet_.agregate gross.: area,_but.over_3_,OOO..square feet, or :, _. utilizing.any.floors abhve.-or.below._street:_floor_level for sale .. .purposes except. that_.if.-more_.than...thr~e..floors.. are. utilized, the ,. ..._ store_shall..be.Class A. _. .. A11 Class..B...stores~shall...have..emergency...lighting facil- .. sties. convormiag..to..Type..1.,..2_..or.,.3:,specifications....~NFPA 101-12- - 1293) c....C1ass.C..mercantile..-..All.,.stores..3,000..square_feet or less gross ..area,.used.for_.sales:purpose., on.street._lev.el..only, balcony permitted.. _.(NFPA.. 101-12-1121) ' (11) Office.Buildings_-.Office .buildings.sub.ject..to occupancy . .. by 1,OOO.or..more.,.persons, ..emergency...lightiag_of..Type 1, 2 or 3 shall..be.providedt.....(NFPA.101-13-1283) SECTION.13-28_..STANDARDS'..FOR..ELECTRICAL...SIGNS.---Electrica). signs shal ear..t e..U.L..,..Inc., e , _ SECTION.13-29.... .. P.RIMARY_.SIGN_WIRING--.-All-.primary._wiring in conn- a licensed done by shall be f si ns ll t h . .. . _ . _ g ion.o e.insta a ection.wit _t - electrical.contractor._._Primary_wiring~.shall..be.defined as all work. in connection...with_.the. entrance- service- and:.to . an approved power source..within-_ten_ .(10.! )... feet_.of .the sign. _ SECTION. 13.-30......_MANNER..OF..OBTAINING.ANTENNA_CERTIF.ICATE OF APPRO- vAL..AFTER_PERMIT...GRANTED---W en. any.insta ation_..o .an antenna .system covered. y..a.permit.has.,.been•completed.,.the.person in whose name. the permit-therefor-..has...been..granted_shall..immediately notify ...the eletrical and building.inspection_departments.of...the city that .work. is_ready..for..final_.inspection.-.whereupon..the..same shall be .promptly inspected_by.representatives..of,_such.departments, and, if the work complies.:in_all_respects_wi.th_the provisions of this chapter and with the.-permit,_a._certificate..of_.approval shall be granted. . .SECTION..13-31._., .RIGHT_OF_..C REr ... REPAIRS.OR.ALTERATIONS---NO ing,containe ._a.n.ahis..chapter, nor t e fact..t at.any,.persoa._has_heretofore.obtained a.cer,tificate of approval,..shall..be.construed...to...prevent-. the_ci.ty,..through its duly _ authorized..inspectors,.from..inspecting-aay...installation provided for .in .this_chapter...in..use..in-..such..city.in-.order..to ascertain ~.._.._...._.Supp. No. 4 :.___.._, -76.17- • whether or not the same continues to remain in a safe condition and in compliance with this cizapter. In case any condition is found which might result in danger to life or property or a violation of any provisions of this chapter, the electrical and building inspection departments of the city are authorized to give written notice to the owner or operator of such installation at his last known address, pointing out such conditions and requiring the correction of same within twenty-five days from the date of such notice. If such aonditions,are not corrected within such time, the maintenance in place thereafter of any such defective installation by the saner or user thereof shall be unlawful. The issuance or granting of a permit or approval of plans ar specifi- cations shall not be deemed or amstrued to be a permit far or an approval of any violation of any of the provisions of this chapter. No permit presum- ing to give autharity to violate or to fail to amply with the provisions of this chapter shall be valid except insofar.,as the work or use which it authorizes is unlawful. The issuance of a permit upon plans and specifications shall not prevent the electrical inspector fran thereafter requiring the correction of errors in such plans and specifications or fron preventing electrical operations being carried on thereunder when in violation of this chapter or any other provision of this Code or other oxrlinance of the city. • SDCTION 13-32. NATI~lAL ELECiRiCAL ODDE ADOP7`ETr--The 1972-1973 Edition of e Natrona E ectric C e shall part of s chapter by reference as if the same were incorporated herein. Wherever there shall be a ~-inflict " between the National Electric Cale and the .provisions of this ulapter, the more stringent requirement shall apply. - (Ord. No. 12-73, § 1) SECPICN 13-33. II4L7iJSTRIAL PLANPS--PEf2MPI'S---Upon written request to the e.ectrica inspector, any ustria p ant shall be issued,an annual permit for electrical. work, installation, maintenance, and equipment rearranganent, covering pager, light signals, electric consuming and generating equipment and devices in or on the premises owned or occupied by the holder as described in the pern~it but to be issued subject to the following conditions: (a) The payment of annual fee of fifty dollars for each calendar year and monthly fees cacgaated aabrding to the fee schedule appearing in section 19-20. (b) The regular employment of one or more full-time electricians cony patent in the safe installation, extension, maintenance and repair of industrial electrical systems and equipment. • ggv 12/31/73 -76.18- • (~) 'i'he unrestricted r~.ght of the electrical..inspector to . checY. the pxecises of the permit holder.at r~ny reasonable time unless nrel?ibited by;'gov~r.nment re3ulations. y (d) Perfcs^?ance of 111 ~•~ork shall comply with .the_:applicable }~r.ovisions of this chaptei. Ce) The annaal.i.ndusi:ria.l permit.chall.cover.the original connection and any rearrangement cf.machines.and..other.aidustrial equipment.,- incl.ucJ.tnc! n:'P.en~.i~n cf elc>_ctrical.systems required therefor. and inspection fees therefor. (f) In the original 4aneral distribution and installation , ' of .power and L~.c}hts. in. ~n}> ricw building. or ..major extension of a pxesent.l~uildiud., tha provisions of.this..section.shall..not apply. r SECTION ].3-39. :;A.ME••IJdDf1~:TP..LA,L PI,AidT.MAINTENANCF...ELECTRICIANS--=,~y. Industrial .plant. maintenance..electricians..may..perform..any a ectri~~~'`" cal work on behalf .of t;heir.cmployer which..is.authorized to be porfermed under an annu~:il industrial permit. . (a~. Cer.tificate.of Competency .and Examination '~:. ... No person shall be. employed.as..an..industrial...plant.maintenance e.].ectrician.until.he.secures. a.certificate_of..competency issued • by tine County Aoar~i; or, a•s to persons.havnig_.four._years.'.experience as industria.i,msi!aenance olectric:pans,.the..chief..electrical'insp- ector u:ay, .on'satisfactory proof. of. such .experience_at.the time of ..such applicats~n, iE satisfied.that.sucb.,applicant...is.-a qualified . maintor,ar^~.electrician~...waive the_Coun.ty certification, Applica- ,. tions foi exan:i.nations- as.heiein..provided..shall..be..made in tr,,~ ..manner provided in..this Code. (b) Temporary Permit t]pon appiicaticn. tc,. tr,.}:c tha electrical.exa}nination'for induc- , . trial plant.maintennnec.elc?ctrici,~n, the applicant.n,ay• if he so .desires, be issued a.t~amp~rary permit, by-the.. chief. electrical inspector. effective.until.t]!e ne::t scheduled .examination: G!zch _. temporary permit sh;;l''l..aut`,ar_ized...t.he.applicant to'work as-~m,_ . industrial..plant-maintenance.:~~ectrician only. until the d.,,ta: of such regular examination. If the a}?nlicant.fails. to take the next regularly schedul.c.d.rxamination or fails to successfuly c.•omple.*.;• suc::li examan,3t:ion, t_he temporary permit shall be revoked. Te:npora.ry.permi.ts..Zre not ienewabl.ea ~:t?CTION ].3-3~i. SAME'.-:CPt~tis:'~^?7'.A.L~ _F'i,AN'r ELECTRICA7,. tRA1a•1Glvrf,v..n . .`iUPERNISGRb---Inr nstr~ ~il.~.?+J_ant .~1.ect:r~.ca .m~.inte??ante-.supervisors.. may. perform .and super.+risc all..electri.cal work.-done .on .the employer's ,~icmisos !•r!icl; is authc~ra.zed under an. annual..industrial permit;.. (;;) t'erti.`:ic.ate of Competency and.l:xamination r Supp. No. 4 -76.13- • ~`..-, s NC ~):::YS^T: ~'}7 ii1 ~ ~;r: of 1(11.0, L?i~. 1.^: cri iridll3 tri AZ plant elect- rician m~~intenarcr: ^-.t:~+':nrvisc~i^ ~,ratil 1~~ sFCi~res a Certificate of Competency i5s.u~d ~~; c0n Cc:.nY.y~ Board .as an industrial plant electrical_maintenance snc:e?.vi..lor. or a master electrician. Sapp. ilr!, 76.,2G- Chapter 15 FIRE DEPARTMENT - Editor's note---On August 27, 1968 the village entered into a mutual fire-fighting aid or protection pact with other municipalities and fire control districts located in Palm Beach County (see Resolution No. 363-68). Charter reference--- Cross reference--- Art. I In General, Sections 15-1---15-15. Art. II Personnel, Sections 15-16---15-30. Art. III Equipment, Sections 15-31---15-38 Art. IV Offenses, Sections 15-39---15-43. Art. I IN GENERAL • Sec. 15-1. CREATED---FUNCTION---A department to be hereafter known as the Village of North Palm Beach Fire Department, the object of which ~~.-- shall be the prevention and extinguishment of fire and the protection of life and property within the limits of the village, is hereby created. (Ord. No. 15) Sec. 15-2. COMPOSITION---(1) The department shall consist of a chief and such other officers as the village council may'deem necessary for the effective operation of the department. (Ord. No. 15, Sec. 1) (2) The membership of the department other than the chief shall consist of such persons as may be appointed by the chief who are willing to serve on a voluntary basis, all of whom shall be able-bodied citizens, preferably property owners whose business activities are normally within the confines of the general area of the village, and who have telephones in their homes. Determination of whether candidates for appointment are able-bodied shall be made by the chief after a medical and physical examination has been made in a manner prescribed by the chief and approved by the village manager. Such voluntary members of the depart- ment shall not be considered employees of the village. (Ord. No. 15, Sec. 3) ~ Sec. 15-3. EMERGENCY VEHICLES---DEFINED---All motor equipment and all • _ 77 _ personal cars of department members shall, when responding to an alarm, be deemed emergency vehicles. (Ord. No. 15, Sec. 5) Sec. 15-4---15-15. RESERVED. Art. II PERSONNEL Sec. 15-16. FIRE CHIEF---APPOINTMENT---TERM OF OFFICE---The chief shall be appointed by the village council for an indefinite period, and his tenure of 'office shall depend upon his good .conduct and efficiency. (Ord. No. 15, Sec. 1) Sec. 15-17. SAME---QUALIFICATIONS---The chief shall be technically qualified by training and experience and shall have ability to command men and hold their respect and confidence. (Ord. No. 15, Sec. 1) Sec. 15-18. SAME---ACCOUNTABLE TO VILLAGE MANAGER---The chief shall be held accountable to the village manager, and shall make written and verbal reports thereto as the village manager or village council may require. (Ord. No. 15, Sec. 1) • Sec. 15-19. SAME---POWERS AND DUTIES---The chief shall: ~°°-- (1) Formulate a set of rules and regulations to govern the department, and shall be responsible to the village manager for the personnel, morale and general efficiency of the department. (2) At least once a month conduct suitable drills or instruction in the operation and handling of equipment, first aid and rescue work, salvage, a study of buildings in the village, fire prevention, water supplies, and all other matters generally considered essential to good firemanship and safety of life and property from fire. (3) Be required to assist the proper authorities in suppressing the crime of arson by investigating or causing to be investigated the cause, origin, and circumstances of all fires. (4) Be empowered to enter any and all buildings and premises at any reasonable hour for the purpose of making inspections and to serve written notice upon the owner or occupant to abate, within a specified time, any and all fire hazards that may be found. Any person so served with notice to abate any fire hazard or hazards shall comply therewith and promptly notify the chief. (5) See that complete records are kept of all fires, inspections, • apparatus and minor equipment, personnel and other information about the work of the department. _ 7g _ (6) Report monthly to the village manager the conditions of the apparatus and equipment; the number of fires during the month, their location and cause, and date of same and loss occasioned there- by; the number and purpose of all other runs made; and the number of members responding to each fire or other run, and any changes in membership. (7) Make a complete annual report to the village manager within one month after the close of the fiscal year, such report to include the information specified in Subsection 6, together with comparative date for previous years and recommendations for improving the effectiveness of the department. (8) Perform such additional duties as shall be directed by the village manager or village council. (Ord. No. 15, Sec. 2) Sec. 15-20. OTHER DEPARTMENT OFFICERS---ACCOUNTABLE TO CHIEF---All other department officers shall be accountable to the chief. (Ord. No. 15, Sec. 1) Sec. 15-21. SPECIAL POLICE POWERS---All regularly appointed members of the department are hereby given the necessary special police powers for the purpose of enforcing the provisions of this Chapter. (Ord. No. 15, Sec. 5) • Sec. 15-22. BADGES---Each member of the department shall be issued a `-~" badge designating his rank. (Ord. No. 15, Sec. 5) Sec. 15-23. CAR INSIGNIA---Each member of the department driving a car shall be issued a suitable insignia to be attached to the car. (Ord. No. 15, Sec. 5) Sec. 15-24. POLICE ASSISTANCE---It is hereby made the special duty of all village police who may be on duty and available for fire duty, to respond to all fire alarms and assist the department in the protecting of life and property, in regulating traffic, maintaining order, and in enforcing observance of all sections of this Chapter. (Ord. No. 15, Sec. 6) Sec. 15-25---15-30. RESERVED. Art. III EQUIPMENT • - 79 - Sec. 15-31. PROVIDEll F~;IR---`1'he department shall be equipped with such apparatus and other equ:.pment as may be required from time to time to maintain its efficiency and properly protect life and property from fire. (Ord. No. 15, Sec. 4) Sec. 15-32. ACQUISITION---Recommendations of apparatus and equipment shall be made by the chief, and after approval by the village manager and village council shall be purchased in such manner as may be designated by the village council.. (Ord. No. 15, Sec. 4) Sec. 15-33. FIRE ALARM SYSTEM---Suitable arrangement or equipment shall be provided for citizens to turn in an alarm, and for notifying all members of the department so that they may promptly respond. (Ord. No. 15, Sec. 4) Sec. 15-34. I[OUSING---A:LI.. eipaipmcnt oP the department shall be safely and conveniently housed in such places as may be provided by the village. (Ord. No. 15, Sec. 4) 34---15-38. RESEfiVED. ArAt. 1'V OFFENSES Sec. 15-39. PRIVATE USE OF EQUIP'MEN'T---No person shall use any fire appar- atus or equipment for any private purpose, nor shall any person wilfully and without proper authority take away or conceal any article used in any way by the department. (Ord. No. 15, Sec. 4) Sec. 15-40. TAMPERING WITI{ EQUIPMENT---No person shall enter any place where fire apparatus is housed or handle any apparatus or equipment belonging to the department unless accompanied by, or having the special permission of, an officer or authorized member of the department. (Ord. No. 15, Sec. 4) Sec. 15-41. DRIVING OVER FIRE HOSE---No person shall drive any vehicle over fire hose except upon specific orders from 'the chief or other officer in charge where the hose is issued. (Ord. No. 15, Sec. 6) Sec. 15-42, PARKING NEAR FIRE STATION OR HYDRANT---No person shall park any vehicle or otherwise cause any obstruction to be placed within twenty-five feet of the entrance to any fire station or other place ' - 80 - where fire apparatus is stored, or within ten feet of any fire hydrant or cistern. (Ord. No. 15, Sec. 6) Sec. 15-43. FALSE ALARMS---No person shall maliciously turn in or cause to be turned in a false alarm. (Ord. No. 15, Sec. 6) - 81 - L Chapter 16 FIRE PREVENTION Editor's note---On August 27, 1968 the village entered into a mutual fire-fighting aid or protection pact with other municipalities and fire . control districts located in Palm Beach County.. (See Resolution No, 383-68). Cross reference---Fire department, Chapter 15. • ~. ,/ I1 u Art. I In General, Sections 18-1---16-10 Art. II Fire Prevention Code, Sections 16-11---18-22 Art. III Fire District, Section 16-23 Art. I IN GENERAL Sec. 16-1---18-10. RESERVED Art. II FIRE PREVENTION CODE Sec. 18-i1. ADOPTED BY REFERENCE---Under the authority of Section 105.191, Florida Statutes, the village hereby adopts by reference thereto the "Fire Prevention Code" recommended by the American Insurance Association', 1970 Edition, ae the fire code for the village. There has been for at least ten days last past and shall be during the time this Code is in effect in the village three copies of such Code available for public use, inspection and examination in the office of the village clerk. (Ord. No. 7-74, §1) Sec. 18-12. AMENDMENTS---The following amendments shall be made in the fire prevention code adopted by Section 18-11:. (1) Article 14, Section 14.5 (a) shall be, amended to read as follows: Standpipe systems for Class Land Class III services shall have risers which are not leas than 4 inches in size for buildings not exceeding five stories or fifty feet in height, and six inches for buildings in excess of five stories or fifty feet in height. (Ord. No. 7-74, § 2) Sec. 18-13--- uFV aisni~a 22. RESERVED. -82- Art. III FIRE DISTRICT ~•Sec. 18-23. FIRE DISTRICT---All property within the village shall be included within the Fire District. (Ord. No. 12-72, § 1) "~• Supp . ~ No . 4 -82.1- Chapter 18 • / ~, GARBAGE AND TRASH Cross reference---Weeds and brush, Chapter 44. Art. I In General, Sections 18-1---18-6. Art. II Garbage, Sections 18-7---18-12. Art. III Trash, Sections 18-13---18-22. Art. IV Containers, Sections 18-23---18-40. Art. V Collection, Sections 18-41---18-47. Art. VI Charges, Sections 18-48---18-53. Art. I IN GENERAL Sec. 18-1. DEFINITIONS---As used in this Chapter, the following words and phrases shall have the meanings indicated: (1) Commercial Qarbage. "Commercial garbage" shall mean every • refuse accumulation of animal, fruit, or vegetable matter that attends the preparation, use, cooking and dealing in, or storage of meats, fish, fowl, fruits, or vegetables, and any other matter of any nature whatso- °-°' ever which is subject to decay and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects. (Ord. No. 162-67, Sec. 1) Art. II GARBAGE Sec. 18-8---18-12. RESERVED. Art. III TRASH Sec. 18-13---18-22. RESERVED, Art. IV CONTAINERS .. - 83 - Sec. 18-23. GARBAGE CANS---REQUIRED---(1) The occupant of each commer- cial establishment, within the village shall provide garbage containers which can be utilized by the village garbage collection units and must meet the approval of the village manager. (Ord. No. 162-87, § 2) Sec. 18-24. SAME---KEEPING COVERED---All commercial garbage cans shall be kept tightly covered at all times, except when necessary to lift the covers for the purpose of depositing garbage in the garbage can or for the purpose of emptying such garbage into a garbage truck. (Ord. No. 182-67, § 3) Sec. 18-25---18-40. RESERVED Art. V COLLECTION • Sec. 18-41. FREQUENCY---COMMERCIAL GARBAGE---All commercial garbage shall be collected by the village at least three times a week, and with greater frequency and in such manner as shall be directed by the village -- manager. (Ord. No. 162-67, § 4) Sec. 18-42---18-47. RESERVED Art. VI CHARGES Sec. 18-48. COMMERCIAL---FEE FOR EXCESS AMOUNTS---In the event any commercial eatabliahment has more than two cubic yards of garbage at any one pickup, the occupant thereof shall pay one dollar per cubic yard for all garbage collected in excess of two cubic yards. In the event any commercial eatabliahment has more than six cubic yards of garbage picked up during any one week, the occupant thereof shall pay one dollar per cubic yard for all garbage collected in excess of six cubic yards per week. (Ord. No. 162-87, § 5) ' • Sec. 18-49. FEES---(1) All property within the Village which is improved by a structure for which a certificate of occupancy is issued after February lat of any year and for which garbage and trash collections are made by the Village of North Palm Beach shall pay the following fees for collection and disposal of garbage and trash • during the remainder of that calendar year in which the certificate of occupancy is issued: (a) One and two-family homes, $4.23 per dwelling unit per month, or fraction thereof. (b) Dwellings of three unite or more, $4.23 per unit per month, or fraction thereof. Where a dwelling of three or more unite is a condominium and the condominium association or the developer of the condominium notifies the Director of Public Services, garbage and trash fees shall be billed to the individual owners of condominium unite. (c) For commercial establishments, $4.23 per month, or fraction thereof. (Ord. No. 2-74, § 1) Sec. 18-50---18-52. RESERVED. Sec. 18-53. WHEN AND WHERE PAID---All payments required by this Chapter '• shall be made to the Village by the 15th of the month for which service is rendered. All delinquent accounts are subject to stoppage of service without notice. If a delinquent account is not paid within thirty (30) days, the Director `"` of Public Services shall cease all refuse collection for that account unless other- wise directed by the Village Manager. Service shall be resumed thereafter only upon payment of the accumulated fees for the period of collection and the period of non-collection unless the Village Manager specifically directs otherwise. The stoppage of service herein authorized for non-payment of collection charges shall be in addition to the right of the Village to proceed for the collection of such unpaid charges in a manner provided by law. (Ord. No. 2-74, § 2) • REV . 8/30/74 -64.1- Chapter 18.5 GAS Art. I In General, Sections 18.5-1---18.5-10. Art. II Gae Code, Sections 18.5-11---18.5-20. Art. I IN GENERAL Sec. 18.5-1---18.5-10. RESERVED. ,• • Art. II GAS CODE Sec. 18.5-11. ADOPTED BY REFERENCE---Under the authority of Section 185.191, Florida Statutes, the Village of North Palm Beach hereby adopts by reference thereto, the Southern Standard Gas Code, 1969 Edition with 1973 Revisions thereto, as the gas code for the village. There has been for at least ten days last past and shall be during the time that this code is in effect, three copies of such code kept available for public use, inspection and examination. (Ord. No. 3-74, § 1) Sec. 18.5-12---18.5-20. RESERVED. REV . 6/30/74 -84.5- • Chapter 19 HEALTH AND SANITATION Cross reference--- Art. I In General, Sections 19-1---19-10. Art. II Lawn Spraying, Sections 19-11---19-14 Art. I IN GENERAL Sec. 19-1---19-10. RESERVED. Art. II LAWN SPRAYING Cross reference---Contractors, Chapter 10. • Sec. 19-11. LICENSES---EXAMINATION OF APPLICANT BY COUNTY HEALTH DEPARTMENT---Before a license shall be given to any commercial lawn ~' spray man to engage in the occupation of commercial lawn spray, the applicant for the license shall present himself to the Palm Beach County Health Department in West Palm Beach, Florida, to determine: (1) That his vehicle complies with the rules and regulations of the Florida State Board of Health regarding cross connections, identi- fication of vehicle, locked compartment for storage and disposal of con- tainers, available masks, protective clothing such as rubber boots, etc. (2) That he has sufficient knowledge of the rules and regulations of the Florida State Board of Health regarding lawn spraying so as not to endanger the health, lives and welfare of the residents and citizens of the village. (Ord. No. 100, Sec. 2) Sec. 19-12. SAME---ISSUANCE---Any applicant for a commercial lawn spray man's license who has been examined and whose examination has been approved by the Palm Beach County Health Department, in writing, shall then be granted a license to engage in the occupation of a commercial lawn spray man. (Ord. No. 100, Sec. 2) ' Sec. 19-13. SAME---DENIAL---Failure to obtain the approval of the Palm • Beach County Health Department shall result in the application for license being denied. (Ord. No. 100, Sec. 2) - 85 - ~. Sec. 19-14. PROHIBITED PESTICIDES---No person, partnership, firm or corporation shall use within the village the following listed chemical pesticides in any form on lawns,. turfs or ornamental plants: CONIINON NAME Tepp Parathion Phorate (Thimet) Demeton (Systox) Di-Syston Phosdrin Schradan Guthion Methyl Parathion Endrin Potasan Epn (Ord. No. 100, Sec. 1) CHEMICAL NAME Tetraethyl pyrophosphate or Ethyl pyrophosphate 0, 0-diethyl 0-p-nitrophenyl thiophosphate 0, 0-diethyl S-(ethylthio methyl phosphoro- dithioate 0, 0-diethyl 0(and S)-2-(ethylthio) ethyl phosphorothioate 0, 0-diethyl S-2 (ethylthio)-ethyl phosphoro- thioate 2-carbomethoxy-l-methylvinyl dimethyl phos- phate Octamethyl pyrophosphoramide 0, Odimethyl S-(4-oxo-1, 2, 3-benzotriazinyl- 3 methyl) phosphorothioate 0, 0-dimethyl 0-p-nitrophenyl thiophosphate Hexachloroepoxyocatahydro-endo, endo-dimethano- naphthalene 0, 0-diethyl 0-(4-methylumbelliferone) phos- phorothioate 0-ethyl 0-p-nitrophenyl benzenephosphonoth3oate Editor's note---Section 5 of Ordinance No. 100 which set forth the necessity of regulating the use of pesticides and set forth an effective date, has been omitted from the Code at the discretion of the editor. ., - 86 - Chapter 19.5 LIBRARY Charter reference---Establishing public library, Art. VI, Sec. 2(f f) Art. I In General, Sections 19.5-1---19.5-10. Art. II Library Board, Sections 19.5-11---19.5-19. Art. I IN GENERAL Sec. 19.5-1. UNLAWFUL TO DAMAGE LIBRARY PROPERTY---No person. shall trespass, cause injury 'to, or destroy any library grounds, rooms, books or other property constituting a part of the municipal library system of the village or violate any of the by-laws or regulations adopted by the library board and approved by the village council relative to operation of said municipal library system. ' • Sec. 19.5-2---19.5-10. RESERVED. Art. II LIBRARY BOARD Sec. 19.5-11. ESTABLISHED---There is hereby established a library board hereinafter referred to as "board" for the village. (Ord. No. 117-65, Sec. l) Sec 19.5-12. COMP0SITi0N• APPOINTMENT; TERM OF OFFICE---The board shall consist of five members who shall be appo37:ted by the village council. Two members of the board initially appointed shall serve until the date of the first meeting of the village council in May, 1966. Three members of the board initially appointed shall serve until the date of the first meeting of the village council in May, 1967. Thereafter, members shall. be appointed for a term of two years or until their successors have been appointed and qualified. (Ord. No. 117-65, Sec. 1) Sec. 19.5-13. VACANCIES---In the case of vacancy by resignation, removal or otherwise, the village council shall fill such vacancy for the un- expired term. (Ord. No. 117-65, Sec. 1) _ g7 _ Sec. 19.5-14. RESIDENCE R.EQIJIREMENTS---Members of the board shall be residents of the vil.l.age; however, neither the mayor nor any member of the village council shall be eligible to be a member of the board. (Ord. No. 117-65, Sec. 2) Sec. 19.5-15. SERVICE WITHOUT COMPENSATION---No member of the board shall receive any pay or compensation for any services rendered as a member of such board. (Ord. No. 117-65, Sec. 2) Sec. 19.5-16. ORGANIZATION---The memtiers of the board shall, immediately after their appointment, meet and organize by electing one of their members as chairman and such other officers as the board may deem necessary. Three members of the board shall constitute a quorum. The board may make and adopt such by-laws, rules and regulations for their own guidance and for the government and operation of any municipal library and reading room in the village as they may deem expedient, subject to the approval, supervision and control of the village council and not inconsistent with law. (Ord. No. 117-65, Sections 2, 3) Sec. 19.5-17. POWERS AND DUTIES---Subject to the control and direction of the village council, the board: (1) Shall aet in an advisory capacity (nonadministrative) to the village council to assure representation of the ideas of citizens and . taxpayers of the village relative to the function and operation of a municipal library and reading rooms in the village, and such advisory ~ assistance shall include, but not be limited to, recommendations relative to control of expenditures of moneys collected, or donated to the credit of a municipal library in the village, and the supervision, care and custody of the grounds, rooms, property and buildings constructed, leased, or set aside for municipal library purposes. (2) Shall make recommendations for the appointment of a suitable librarian and assistants and their respective rates of compensation; establish regulations for the government and control of a municipal library as may be deemed necessary for its preservation and to maintain its usefulness and efficiency; fix and impose by general rules, penalties and forfeitures for failure to return any book or for violation of any by-laws or regulation of the board. (3) Shall annually in an advisory capacity assist the village manager in preparing a budget for the maintenance and expansion of municipal library facilities. (4) Shall keep records, inventories and accounts, budgetary or otherwise, of all of the activities of the board and the municipal library system and make annual reports to the village manager and the village council relative thereto or whenever requested to do so by the council. (Ord. No. 117-65, Sec. 4) • - 88 - Sec. 19.5-18. MEETINGS---In the performance of their duties set forth in this Chapter, the board shall hold at least one regular meeting every two months. Special meetings may be called by the board chairman upon prior notification. Minutes shall be kept during all meetings and a copy given to the village manager and the village council. (Ord. No. 117-65, Sec. 5) Sec. 19.5-19. REMOVAli FROM OFFICE---Members of the board may be removed by an affirmative vote of a majority of the total members of the village council.. (Ord. No. 117-65, Sec. 6) • ~~ s _ g9 _ _. Chapter 20 LICENSES -~ Charter.reference----Council-.imposing-license .taxes, Art. VI, _ Section - Cross reference-~axation~ ~apter 38 Art. I.. in General._Sections.20-1--20-10. Art. II. Occupational.Licenses,-.Secti.ons..20-11--20-21. Art. I. IN GENE1tI1L Amesx7ment note---Ordixu'moe.NO. -11-Z2 amended ChaPtei~,, ~c"'~ses, .to read as set;-forth ca~.Pages 90. through both inclusive, of this Cade. Sec. 20-1. ..LICENSE .TAX.IN~~SED.: A-tax--is.hereby..imposed by the village upon .ea ..every... iness,_profession.and,-occupation.engaged in. or carried on, either wholly or-i.n.part, within the..oorporate-li~ts of the village in the.respective amounts set.forth.in..Secti~.20-21, and evP-rY person engaging in,.carxying-on, 9~g or-practicing-anY business, profession ar occupation,.either whotly o~in.P~t,~~llage ~r~ • limits of the village is .hereby rer3uired ~' ified.shall be on the _ the amount designated. ...The aamui'it of.such..tax spec basis..of .one year..-(~'d•-No..13,-§-1~.Ord...NO. 11-72, § 1) Sec..20-2. DLTPY ZU.FI7E APPLICATICN~FOR..LICENSE---~Bef~ carry~g on ~Y it ~ r~u ed~to_,rssue,a icense. or eng ~4 ified.and set forth ,.w caa rofessions .or .oac~~pati~ .spec' . of ..the .bus_-s` . P . in. Section .20-21, it .shall be .the duty..of.= sum ~~~ti~ ~ be in the ~..... application.with..the.viLlage_tax..collec,'tor',_ 2~ per, No. .......form,provided.by.the_village_tax_collector.-_(Ord...No._13,_§. 11-72, §1) Sec.:20.3. ISS[IANCE_UPCR,i..idAY~r:~'-TAX-.: 01xn PaY~t of the full ... yssue_to.. ..pesson..paying.-the_s~ne a receipt tax, e.ul lage c~ich receipt or - or license signed_by an .official..of..the.vilod.for which .such license . license .shall expire at the, end .of .the -per' is .issued. (Ord. No. 13~,,~~§~ 3j,Ord• No. 11-72, § 1) Sec. 20-4. EO I~TION~ .-'-N ~i~~~~~lis~~efor more than o Sep (Ord. No. 11-.72, § T) one year Supp. No. 4 -90- Sec. 20-5.. PARTIAL_YEAR.LICENSES---(1)....FOr_each.license..obtained between;. .::~=: .:. "::~:~ ~: . Mar 1st. Sep 3 , -one.half .of _the._full._tax._for one year •• "-'-j shall .be.paid,.except..as.otheLwise..provided for. (2)....FOr each ..license..obtained.between January-lst_and March 31st ~..three-quarters. of_the.full_tax_fox_.one_year.shall.be_paid, except as .., •:., otherwise..provided for. ~ ,~•• . ,~~, .._ , , a Sec..20-6.._LICENSE.BASED..~1 SR'OCK_(g'_ME~7DISE-.:.AEFILIAVIT REQUIRF.C`- :V . ever.. a amount.o ,hcense.apphed.for. pends_upon the amount ;~'• - _ . of stock . in .trade . carried..by _ the.. applicant, - or .the _number of rooms in ,~ ? , .. ..._....a..hotel.or..rocniing_house,..or..the_nucnber.of_employees,.,or on any other ,~~' ~'~~, -~ ... ... facts_not_wi.thin.the..personal..knaaledge..of.the viLlagetax collector :.;r- ~':'"`"' ~`"~"`~ no .license_shall._be. issued.until._the._applicant.therefor..has..made and filed ' ` :~'~. , •'+ .with the village tax.collector.an.affidavit,.duly..autheaticated, setting forth. the airount.of.his..stock.in..trade,_number of.rooms.in his hotel or.rocming..house, or other.facts.upon_which,_the..amount..oisuch, license depends.. (Ord. No._13,_§.4;_Oxd..NO. 11-72, § 1) __.. .Sec. .20-7. .TRANSFERABILITY--All..licenses~y.be..transferred to a new owner.. ere.is-a. a..fide.sale .of ~the_business..upon.:paymant of a transfer_fee.of.$3.OO.and.presentation.of.evidence..of.ahe sale and the original.license.. Upon..written..request..and.presentaticaz..of..the original license, any license..may..be.transferred_frcm_one.location to another location in.the.village..upon.paymant._of ..a..transfer_fee of $3.00. (Ord. No. 11-72, § 1) •..Sec..20-8.. LI(~iSE.DQES_NUP.PRf.7PECP_PERSON..FROM..PR.OSEC[TPICN FOR .CARRYING ON BUSINESS,..ETC..NOT COVERED--:-NO.- cense._iss the provisions..of.this apter.. all .protect..any.person.from prosecution ... for transacting.any..business, trade or.pmfession.not_covered by such license, or.shall protect any merchant doing business with agreater stock.in..trade.than covered_by such license,.or.any.hotel keeper or roaning.house..operator having.a..greater.rnm~ber of.rooms.than is covered ... .._...by_such.license.. (Ord...No. 13,.§.6;..Ord..No. 11-72, §1) . .Sec. 20-9..._LICENSE ISSUED..UPON-FALSE_STATII~FIS..CONSIDERED VOID--- . _ Any tense issued.upon..auy..false..statement_.ma ..under_oa 1 be considered_.as.void.ab.initio..and_shall.not.protect_the.holder thereof _-fran.pmsecution far.transacting..business.without..a..license. Ord. No. _..13,_§.6;...Ord. No. 11-72, § 1) _ ..._.. Sec._ ON BY .. ~,.r.........-......_~..r__-~_,. __-__ - wi t e.prwisions_.of_this.Chapter,..it_shall_be..unnecessaxy for his agent, servant.or..eay~loyee_to.canply.herewith unless otherwise expressly .provided for herein. ..... _ .. (2)... In.the.event..such_pri.ncipal,.~aster.or..employer shall not .....have .complied .with._thi.s .Chapter., .each . of ..his _agents, servants or Supp. No. 4 -91- - '~., employees.shall_.be.subject..to.-prosecution,.and_upon._wnviction, to . fine_or...imprisonment..to_.the..same.-axteut_.as_his_.grincipal, master _. or e[[~loyer.....(Ord...Nc .13,.§.:Z;...o~..No. 11-72, ~ 1) -• • Supp. No..4... .. ., .. -91.1- ART. IT OCCCiPATI~]AL LYCENSES Sec. 20-11. SUSPENSII.~T; REVOCATION; CANCELLATI~I--REFUND---(1) Any license ere ter.issu- e.vi age .may te~orari y suspended or absolutely.i:evoked.or.Cancelled.by a.majority vote.of.the.village council, when such.ec:wicil.shall..have..ascertaine3._and_dP+-~*~++t;,ed.,.in the exercise oL- its_sound.cliscretion, that.such.acta.on.will prarote._the_public peace, health, safety, welfare,_haximny or.good.order..of..the_neighborhood in' which the.lic~nsee:s..place..of.business is located. (2) In the case.of.revocation .and.cancellation_of..such license the village shall.refund.to_..such.licensee..the..pro..rata..unearried or unvse3 portion.of his lioa~se. (3) No refund_shall..be.made_where.the.lio..nse_is temporarily suspended.. (Ord. No...13,.§..8;.Ord..NO. 11-72, §1) Sec. 20-12. EXF.T~'PIONS---Disabled_veterans.of. World_War..I,.Fbrld War II e Spans war, a 1.oonfinn?d..cripples,.deaf_and..dumb.persons and invalids physically incapable..of.manual.labac,.widows.with.mi.nor depend- ents and persons..sixty-five years_of..age,.or..older,.shall..be alla~aed the same exemptions..as..such persons .are_nda..or..shall..hereafter.be entitled to by law in .connection..coi'th state._and_county..licenses._...(Ord..No. 13, § 9; Ord. No. 11-72, § 1) • .Sec. 20-13. FutGAGII~TG .IN. EUS7NESS..WITHOiTr..LIC3~7SE--PENALTIES---It shall 5eunlawful_for any persw~ to _engage..in_any.tr ,. usiness, profession, or occupation within the village without a license or.upon.a license "' issued upon false. statFSr~nts.made.by any..person,_or,.in..his..behalf. All licenses.shall.be sold .by the village.tax .collector. beginning_September 1st of each .year. and. shall.be_due and_payable on.October.lst..of..each year .and shall .expire on.5eptemlrx.30th..of..the.succeeding_year....Li~nses not ienewed..by October.lst.shall.be.considered..delinquent_and..shall be subject to .a .delinquency ..penalty..of..ten..per._cent_for_the_.month..of..October plus an..addi.tional._five..per..vent.penalty..for..each_month_of.the .delinquency .thereafter until paid;. provided,_hvaever,..that.the.total..de~tpncy'penalty shall .not .exceed .twenty-five per cent of. the occupaiimal.license fee for the delinquent establishc~nt....Any...person..engaging..in..or .managing any _business,..oc~ipatiom.or.profession..without first..abtaining.a local occu- pational. license..if.req~ured_herevnder_.shall..be...subject.to.a..penalty of . twenty-five .per _ cent of .the _ license . determined ~.to .be..due _ in._addition to any other.penalty. provided-by_1aw.or ordi.Hance...... .(Ord_..No~...13,._§..10; Ord.. No. 11-72, § 1) Sec. 20-14. OPEN FOR BUSYNESS PRIMA.FACIE.EVIDENCE..OF ENGAGING IN BUSINESS---Ln any prosecution..un er-. s. apter,.. e.fact t any person s.open for_business,.shall.be..prima..facie.evidence of engaging in such trade, .business, profession_or.occupation,..and.the burden shall be.uponn the defendant.to_rebut_the.same.....(Ord._NO. 13, § 10; • Ord.. No..51; Ord, No. 11-72, § 1) Sec...20-15-..-20-2U. RESERVED. Supp. No. 4 -92- Sec. 20-21.. LICFT7SE..St:E~Di7LE--1i'he..amotmt..which..shall.be_paid by the several.f~sms, persans._ar associations..engaging_in.or..manag~.ng businesses, +- professions,.or oa^~±pations.for.which_a.license..is.reyuired are hpxrhy fixed as follaas: • .. Supp. No. 4 -92.1- AMUSEMENTS ~~ Archery Range, 1 to 5 lanes 50.00 Each additional lane 10.00 Astrologist 50.00 Athletic Club 75.00 Billiard, Pool or Bagetella Tables 1 to 5 tables 50.00 Each additional table 10.00 Bowling Alleys, Box Ball, or Ten Pins 1 to 5 alleys 50.00 Each additional alley 10.00 Carnival, Per Week 250.00 Clairvoyants 1,000.00 Dance Halls, Variety Exhibitions,'ete. 125.00 (Covers places operating for a profit, where dancing is primary activity engaged in or entertainment such as variety programs or exhibitions are offered). Shall be in addition to • any other license required by law, and the operation of such dance facilities ~-~-' may not be construed to be incidental to some other business. Dancing, other than dance halls, issued in connection w ith beer parlors and with other business, not to exceed 15 couples 25.00 Fortune Teller or Palmist, where fees are charged 800.00 Fortune Teller or Palmist, where fees are not charged but contribution s are accepted 1,500.00 Golf Driving Ra nge or Practice C ourses 50.00 Golf, Miniature Course, each 50.00 Golf, Club 150.00 Hypnotist 35.00 Moving Picture Show or Theater, each location 150.00 Plus each seat .20 - 93 - ~• Music, furnished by lease wire, Operator or Dealer Night Club, alone or connected with bar or other business Night Club Photographer, taking pictures in club Riding Academy, office or headquarters Skating Rink, Bicycle or Motorbike Rink Swimming Pool Miscellaneous or General Amusements Any person operating for profit, any game, contest, exhibition, parade, amusement or recreation dance, con- trivance or faculty not otherwise specifically provided for herein COIN OPERATED OR OTHER MACHINES 75.00 125.00 35.00 50.00 125.00 75.00 75.00 Every person selling, leasing, renting, distributing, operating or placing for operation any machine as described below: Amusement machines (hereby defined as machines or devices, not gambling devices, which are played or operated for amusement or score and not for vending merchandise or rendering service, and whether or not a charge is made for play. Example: Marble Boards). Operator or Distributor 150.00 Each Machine 12.50 Music Playing Machines Operator or Distributor 25.00 Each Machine 12.50 Merchandise Vending Machines (hereby described as automatic trade machines, where the only incentive to operate the same is to produce or receive merchandise of the reasonable value or cost of operating the same, such as gum, peanuts, candy, ice, coffee, tea, milk, soft drinks from bottle and/or paper cup,E'J{G~PT unadulterated Florida Produced Citrus Juice which is exempt under Fla. Sta. 1957, Sec. 205.632, and except other vending machines exempt under other State Laws); also is not applicable to those machines specifically defined elsewhere in the License Classification: - 94 - Operator or Distributor (a) Vending mdse. for 1¢ only, each (b) Vending mdse. for 5~ only, each (c) Vending mdse. for over SQ, each • Service Vending Machines (Except those specifically defined elsewhere in this Chapter and except those exempt or pro- hibited by State Law) Operator or Distributor (a) Coin operated photograph machine, each (b) Record transcription or voice recording, each (c) Coin operated typewriter, each (d) Coin operated radio, each (e) Coin operated TV, each (f) Coin operated mechanical rocking horse, each (g) Coin operated miniature jet planes, ferris wheels, merry-go-rounds, each (h) Air conditioner, each (i) Coin operated tape recordings (j) Coin operated reducing slenderizing machine, each AND similar service vending machines not listed zs.oo 1.00 2.50 5.00 25.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 (1) PROVIDED, however, that the following machines are and shall be exempt from license hereunder: (a) Machines vending cigarettes, postage stamps, drinking cups, or unadulterated Florida produced citrus juice; and (b) Parcel checking lockers and toilet locks used in hotels and restaurants. (2) No license shall be required for any of the machines listed above, where the entire proceeds of such machine is used for recognized charitable or benevolent purposes. (3) Coin operated machines for amusement or trade or service purposes not herein specifically classified shall pay such tax as shall be determined from time to time by the Tax Collector on a basis comparative with other coin operated or vending machines. Weighing Machines, penny, each 1.00 Laundry, coin operated and/or automatic: Covers any type of self-service laundry, including those where washing and drying machines are actuated by a coin; or where the -95 - operator furnishes the machine for use of the customer by the pound; or where the work is completed by the operator for the customer: 1 to 20 washers and/or dryers (coin operated or not) 50.00 Each additional washer and/or dryer 2.50 Soaps,starches, detergents, bleaches 1 to 4 machines (coin operated or not) 10.00 Each additional machine 2.50 CONTRACTORS: (For certification and licensing, see Ord. No. 46) Electrical Contractors: Rate includes master electrician & 5 employees 75.00 7 to 10 employees 125.00 11 to 15 employees 20D.00 16 to 20 employees 250.00 Over 20 employees 350.00 Plumbing, gas or steam fitting contractors: Rate includes master plumber & 5 employees 75.00 7 to 10 employees 125.00 • 11 to 15 employees 200.00 16 to 20 employees 250.00 Over 20 employees 350.00 .~ General contractors, building contractors, sub-building contractors, specialty contractors: 1 to 6 employees 75.00 7 to 10 employees 125.00 11 to 15 employees 200.00 16 to 20 employees 250.00 Over 20 employees 350.00 NOTE: Where the specialty contractor is self-employed and has no helpers in the pursuit of his work, and upon submittal of a sworn affidavit to this effect, he may qualify for a special rate of $35.00 per year under the category Specialty Contractor - lA. Examples of specialty contractors include the following specific classifications, but shall not be limited to: Accoustical Air conditioning and sheet metal Asphalt the - wall - 96 - Artificial stone • Awnings and tents `°' Bahama shutters Blocks, cement, concrete or brick Boiler installations Cabinet and millwork Carports Carpenter shop Concrete placement and finisher Conduit contractor Demolition-(moving and wrecking) Dragline operator Dredging contractor Drainboards Door & window installation Dumb waiters Ducts of sheet metal Escalators Elevators Engineering contractors Fire sprinkler systems • Floors, wood (laying floors) Floor covering and finishing Formica installations Glass contractor Gunite and sandblasting Granite, marble and stone Heating Housemoving Insulation Iron reinforcing and steel Irrigation Jalousies and awnings Land filling Landscape contractor Lawn sprinkler contractor Monuments and tombstones Maintenance and repair Masonry contractor Mildew removing (inside and outside) Millwork • _ g7 _ Oil equipment installation Ornamental metals `" Painting contractor Pile contractor Plastering contractor Paving and grading Pool construction Pole erectors Power lines Refrigeration Reinforcing (steel and iron) Roofing Roof cleaning and painting Service station equipment Sheet metal Sprinkler systems Structural steel erectors Statuary Stone cutter Screen enclosures Tile (walls, drainboards, Tile, marble, terrazzo • Telephone lines Tank builder Tin shop u Tree surgery installation ceramic, plastic, etc.) Ventilation and air conditioning Waterproofing Water mains INSURANCE COMPANIES: Insurance agency or broker 50.00 Insurance adjuster 15.00 Insurance salesman, each 10.00 FACTORY OR MANUFACTURING: Factory permitted to manufacture and sell the product manufactured. (Employees. counted are engaged in the manufacturing process and not in auxiliary or separate parts of~the business). Does not include manufacture of alcoholic beverages. ~ 1 or 2 persons 15.00 3 or 4 persons 25.00 • _ 9g _ 5 or 6 persons 40.00 7 to 10 persons 75.00 11 to 20 persons 125.00 More than 20 persons 200.00 REAL ESTATE: Real Estate Agency or Broker 50.00 Real Estate Branch Office 35.00 Real Estate Salesman, each 10.00 RETAIL MERCHANT: (Provided license shall permit but one location) Merchant, when average value of stock in goods carried is as follows: Not exceeding $1,000 15.00 Each additional $1,000 or fraction thereof 4.00 Where retail merchant also carries on repair work, additional license is required for this work. .See category, "Repair Shop." Flower Stand; • Selling flowers only, in an established place of business alone, or within a grocery store or similar place of `~°°' business 15.00 Fruit and Vegetable Stand: Not connected with another business 15.00 Florist 35.00 Radio and TV Sales & Service - See Retail Merchant rate above, plus Repair Shop rate. SOLICITORS, PEDDLERS AND ITINERANTS: Each and every solicitor, peddler and/or itinerant shall be required to be fingerprinted by the Police Department of the Village of North Palm Beach, and obtain an identification card which shall be carried on the person at all times. Fee for I.D. card and fingerprinting: 2.00 i Each solicitor, per year 200.00 Each solicitor, per month 50.00 a _ g9 _ Examplese Catalogue and/ar sample solicitor Lecturer and/or instructor w/mdse for sale Mail. order salesman Reducing machine salesman Sewing machines or vacuum machine salesmen NOTE: Bible canvassing and soliciting, house to house, restricted sol"ly to Holy Bibles ,. shall be exempt from occupational licenses. Each salesman, however ,. shall be required to be f.inge'rprinted and have an I. D. card. SUBSCRIPTION AGENTS; Temporarily engaged in taking orders for magazines, encyclo- pedias, books, etc. to be deT.ivered at later date. Each person, ten days or less 10.00 Each person, more than ten days, but not' over 30 days 30.00 • Each person shall be required to be fingerprinted and have an I. D. card. TELEPHONE SOLICITATION: Each place of business Each solicitor 75.00 15.00 J Each person shall be required to be fingerprinted and have an I. D. card. RESTAURANTS, LUNCH OR BARBECUE STANDS: (Including soda fountains, cafes, cafeterias, dining rooms, tea rooms, boarding houses where food is sold for consumption on the premises, light lunr_h stands, etc.) Does not include sale of tobacco, candy, etc. Price based on seating or standing spaces, per space 1.00 Drive-in restaurants, including a soda fountain 35.00 Sandwiches, wrapped or infra-red, sold from retail concession in bars or other similar bus- inesses where sale of food is not the primary line of endeavor 15.OOi REPAIR SHOPS AND MACHINE SHOPS: Includes all persons working in the business and not in auxiliary - 100 - or separate parts of this business. A repair and machine shop permits a stock of parts without a merchant's license but only if parts are used solely in the repair business and not otherwise sold. 1 or 2 persons 15.00 3 or 4 persons 25.00 5 or 6 persons 40.00 7 to 10 persons 75.00 11 to 20 persons 125.00 More than 20 persons 200.00 Examples: Auto machine shop Auto painting shop Auto radiator repair Auto tire and tube repair Auto top & upholstering Auto tune-up Bicycle repair Body, top & fender And other repair shops not Electrical appliance Furniture refinishers Gunsmith Jewelry repair Radio & TV repair Stove repair Typewriter repair Welding & brazing specified herein SERVICES: (PERSONAL) CLASS A 10.00 • Each person engaged in any business, as owner, agent or otherwise, whereby services are performed for the public in return for a consideration, and where no part of such business consists of sale of merchandise or other tangible property. Examples: Bicycles for rent (not connected with other business) Boats for hire, canoes, rowboats, each Boats, motor, for hire, each Bootblack stand or shop Boot and shoe repairing Cigars & tobacco, retail, in connection with other business Cleaning, pressing & laundry station, where no work is done on the premises. (If truck is used on connection with station, extra $25.00 license required for truck). Fruit juice stand, alone Locksmith and/or keymaker Manicurist, not connected with barber shop or beauty parlor News stand, retail Stenographer, public and/or Telephone secretarial service Tuner, piano or organ, etc. ~ SERVICES: (PERSONAL) CLASS B 35.00 • Accountant or bookkeeper (but not CPA) -101- Addressing, mailing or duplicating service Aerial photo service • Answering telephone service ~- Animal grooming Automobile cleaning and/or polishing service Baby sitting agency service Barber shop, including one manicurist Bath, Turkish, Swedish, Russian or Vapor, including massage. (State certificate of approval required). Beauty parlor, face massaging & hairdressing (including manicurist) Bookkeeping service and/or income tax service Boom equipment operator Bulldozer operator Butcher shop Caterer shop Children's nursing home (includes kindergarten). Special health application form required. Cigars and tobacco, retail - alone Citrus fruit shippers Clipping bureau Collection agency Crane service Delicatessen.- alone (Where meals are served, a restaurant license is required in addition). Display room, where no stock for sale is carried on floor Doughnut machine, not in connection with a bakery • Exterminator Filling station - public drive-in or curb service, not ~ exceeding 4 gasoline or other type of fuel or oil pumps. (This permits tire repairing and washing and greasing). Extra license required for: (a) merchandise and tires, and (b) tobacco and soft drink sales. Fence erector Film developing, photo finishing, etc. Ice cream or frozen custard products (If truck is also used for sales, additional $25 fee) Import-export agency (no merchandise sold) Inspection service of buildings Lawn and shrubbery maintenance (Covers persons doing yard work and lawn maintenance on contract or job basis, where employees are hired and used in the business. Does not include persons working as day laborers). Microfilming Motor sales and service, including motorcycles, scooters, motorbikes Nurseryman Pet shops (includes birds, fish, aviaries, etc.) i Poultry retail Public address system, rental or sales and installation Sign contractor (painter and hanger, including neon) -102 - U-Haul-It auto trailer rental headquarters -• Well driller Window cleaning and janitor services Rental service establishments (For all kinds of personal property except automobiles, trucks, motor vehicles, or .other classifications specifically named in the license schedule). Examples: costumes, linens, sickroom and surgical supplies, uniforms, baby furniture, lawn mowers, paint sprayers, vacuums, well point equipment, etc. SERVICES (PROFESSIONAL) CLASS C 50.00 Appraisers, (including real property, personal or intangible, diamonds, jewels, motor vehicles, boats, etc.), each Architect Artist (including retouching, sketches, cartooning, silhouettes, commercial, crayon, etc.), each ' Attorney-at-law and lawyers, each Auditors and/or certified public accountants (Certificates required from State Board of Accountancy) Auto driving and/or motor vehicle school Bondsman (professional) (Sale of firearms and merchandise extra) Building Estimator • Business Administrator Business college for profit Chiropodist `--- Chiropractor Court Reporter Dancing Teacher Dental Hygienist Dentist Detectives and detective agencies, each operator Dramatic school Dog trainer and obedience school Electrolysis service (first operator), each additional operator, $15.00 extra Engineer, civil ,. consulting, drafting, electrical, mechanical, or similar lines where a contractor's license is not required Homeopathic or drugless physician Interior Decorator Modeling school and/or booking agency Music teacher, each Naprapath or naturopath Oculist, optician (no lens grinding), optometrist Osteopath Physician and/or surgeon Picture enlargers Podiatrist • Professional license, where not specifically named herein - 103 - Psychiatrist Psychologist l Public relations counsel, each firm Record searchers, each firm Riding academy and/or riding school, office or headquarters School of instruction (for artisan, workers, etc.) Schools, private Surveyor Taxidermist Veterinary surgeon or veterinarian, each (No additional charge for animal hospital to carry on services) ALSO General professional or bordering on professional (Each person engaged in any other business not specifically listed herein, as owner, agent or otherwise, whereby services are performed for the public in return for a consideration, and where no part of such business consists of sale of merchandise or other tangible property). SERVICES: (SPECIALIZED) CLASS D 75.00 Abstract company (If company furnishes title insurance, additional title insurance license is required) Advertising agency (Extra license for door'to door solicitation, covered by canvasser or solicitor's license) Advice bureau (No securities or other commodities may be • bought and sold in connection with this service) Ambulance service Animal hospitals (Not required if licensed veterinarian uses same in confection with this service) Antiques Athletic club Automobile wrecking service, each wrecker Blueprinting, including maps and plats Boats, ferrys, and sight-seeing coaches Booking agency (for entertainment, music, shows, etc.) Broadcasting wire music Building and loan association Burglar alarm system contractor Commercial freight and passenger agency Conservatory of music (Permits, if under one roof, teaching music by staff. Also booking musical events, shows, and orchestras; and stock of sheet music and small musical instruments. Retail merchant's license is required for pianos, organs, etc.) Credit bureau (credit information on persons) Decorators, bunting, flags, pennants Employment. agencies (except U. S.) Funeral chapels (no embalming) Plus additional fee"of $75 for ambulances Gymnasium i. -104- Hospitals, private or institutions of like character operated for profit \ Investment securities - consultant service (No securities to be bought or sold in connection with this service) Kennels, animal Laboratory, dental, chemical, X-ray, optical, etc. Land development management office Old coin and stamp dealer (solicitors require extra license) Optician, dispensing and filling prescriptions and grinding for licensed doctors Solarium Swimming pool (If admission price is charged) Trailer sales (new and used) Yacht broker , AND any other person engaged in any other such business not specifically listed herein, as owner, agent or otherwise, whereby services are performed for the public in return for a consideration SERVICES (SPECIALIZED) CLASS E: - Advertising on motor vehicles, base - 75:00 Plus 2~ per sq. ft. of surface panel This classification covers every person, firm, corporation and/or association, operating motor buses, motor trucks, auto- . mobiles, or other vehicles over and upon the streets of the Village of North Palm Beach which shall have attached thereto any advertising `-~'' matter, posters, pictures, cards, or other advertising matter, advertising any article or business other than the business of the owner and operator of such vehicles, and for which the owners and operator of such vehicle charge a fee. (Example, American Railway Express, local bus line, taxi cabs) Auctioneers, each 50.00 Auctions (jewelry, glassware, leather goods, china and art objects) per day 50.00 Automobiles for hire, taxi, etc. Each vehicle 25.00 Each place of business 35.00 Boats, motors, boat trailers 50.00 This classification covers any person, persons, corporation or agency engaged in sale of boats and inboard or outboard motors or boat trailers; provided same is conducted from one location. This classification shall ' not permit merchants nor merchandising establish- ments or individuals who are paying a merchant's license to sell boats, to carry and pay for same as a portion or part of their retail merchant`s license. -105 - ~• • r (a) Permitted to deal in secondhand boats taken in exchange on sales of new boats. (b) Repair shop requires an extra license based on the number of men. (c) Merchant`s license extra on stock other than boats, motors, and boat trailers. (d) An additional location for sale of boats taken in exchange for new boats. . Boats, motors and boat trailers,. second hand, sold from a lot or building: 1 to 10 boats 11 to 15 boats Over 15 boats Boat yard, covers boat or yacht repair, boat overhauling or boat building In addition, where boats are stored, per storage space Bond brokers or dealers - in state, county and municipal bonds and debentures of private corporations. Also covers con- sultant and fiscal advisory service Brokers in options and futures (stocks and commodities). Stipulated privilege of buying or selling a stated property or security. Brokers, mortgage or loan - advertising, making or negotiating for loans between companies and individuals, but not actually lending the money Cleaning and pressing Where cleaning and pressing or dyeing is done on premises. No charge for vehicles when owned by plant and operators are on payroll; otherwise, vehicles are extra. Fur storage, extra. Does not permit laundry without an extra license. 25.00 100.00 150.00 200.00 70.00 1.00 2D0.00 500.00 50.00 50.00 Discount corporations (where paper is bought on refrigerators, cars, stoves, washing machines, etc. and does not cover personal or small loans where interest is charged). 150.00 Electric light or power companies 500.00 - 106 - Electro-magnetic waves, produced or generated for purpose of broadcasting by radio 250.00 Express companies 200.00 Firearms 100.00 (Where connected or not connected with other business. This classification does not cover fireworks Gas companies, illuminating and cooling 500.00 Gypsies, traveling or wandering or nomadic people in bands or troops, engaged in peddling, trading, fortune telling or other occupations, each band 1,000.00 Hawkers or street vendors of proprietary or patent medicine or other preparations represented to have or possess medical virtues 350.00 Hotel, motel, boarding houses, lodging and apartments containing 3 'to 5 bedrooms, base price 5.00 Over 5 bedrooms C $.1.00 per bedroom plus above base price. Does net include dining rooms or other eating facilities operated in connection with any establishment above, ~.-~ for which a separate restaurant license shall be required. Additional license required for news stand, tobaccos, packaged candies and/or other merchandise. Laundries, steam, electrical or hand: Based on number of employees: 1 or 2 persons 15.00 3 or 4 persons 25.00 5 or 6 persons 40„00-- 7 to 10 persons 75.00 11 to 20 persons 125.00 More than 20 persons 200.00 Loans and mortgages - advertising for and/or making and actually loaning money at interest. Does not cover discount companies. 150.00 Loan companies - small or personal, for short term at interest. Licensed by State of ~ Florida as small loan business. Does not cover discount corps. 150.00 Marathon, walkathon 1,500.00 -107- • Parking spaces 1 to ZS cars 10.00 26 to 50 cars 15.00 51 to 100 cars 30.00 101 or more cars 50.00 Patrol agency and merchant police including business or service of opening and closing homes, and watchman service therefor: One patrolman or agent 35.00 Each additional patrolman or agent 10.00 (Shall be required to be fingerprinted and have I. D. card) Photographer Includes taking and finishing pictures for profit; also enlarging and framing pictures, but no house to house, without solicitor's license. 25.00 Phrenologist, where no fees are charged but contributions are accepted 1,500,00 Phrenologist, where fees are charged 1,000.00 Tailor Includes sales but does not permit cleaning and pressing 1 or 2 persons 15.00 3 or 4 persons 25.00 Telegraph company 350.00 Telephone company 50.00 Tourist court Base rate 35.00 Plus room rate, 3 to 5 rooms 5.00 Plus room rate, over 5 rooms, each 1.00 Trading stamp or coupon redemption and/or dis- play room 200.00 Trade inducement company (redemption store extra) 300.00 Plus each outlet serviced by trade inducement company 10.00 Trailer court Base rate 50.00 Plus each place 2.00 - 108 - Undertaker or funeral parlor 150.00 Plus ambulance service, connected or not 75.00 State embalmers certificate required Water companies 500.00 SERVICE FROM TRUCK: EACH VEHICLE 25.00 Includes any business using vehicles to perform services in homes and business houses and not otherwise specifically classified in the license schedule. Each vehicle shall re- quire separate license. Examples: Animal grooming Bakery, retail route Bottled gas dealer Cleaning, pressing, la~uidry & rug cleaning Dairy, retail route Diaper service Fire extinguisher service Fruit, vegetables or produce, retail Crass or sod dealers Grease salvage collection • Home repair Janitor service Junk gatherer `~--' Knife, scissors & tool sharpener Linen, towel & uniform rental service Lunches or wrapped sandwiches Merchant, rolling grocery Motor precision service to garages (portable) Nursery, shrubs, trees or plants sold from truck Oil tank delivery wagon or truck, retail delivery of oil, kerosene or gasoline Paper, waste Poultry (brought in on trucks and not sold from established place of business) Water, bottled Water softener service (Ord. No. 51, Sec. 1) -109- Chapter 23 NUISANCES Cross reference---Health and sanitation, Chapter 19; Offenses, Chapter 24. Art. I In General, Sections 23-1---23-10 Art. II Noise, Section 23-11 Art. III lnoperative, Abandoned and Junked Property, Sections 23-15---23-31 Art. I IN GENERAL Sec. 23-1---23-10. RESERVED. Art. II NOISE • Sec. 23-11. MACHINE NOISE---(1) All automatic, semi-automatic, or manually controlled refrigeration machinery, compressors, and air conditioning units which emit noise in the operation thereof shall be instsll d and operated either -" within the confines of the building served by such eq i ent or, if placed out- side of said building, shall be soundproo to the ex that the operation of such machinery will not dist.nrb persons r i 'n e vicinity thereof in the normal use of their property. (2) Upon complaint either by a propert wn in the village or by a village official, the village building inspector sh%~ i mckee,U~rmination as to whether such refrigeration machinery, compress s r x nditioning units emi4 such noise as to be considered a nuisance, d suc determination is made by the building inspector, then the machinery determined a nuisance shall be either repaired if such repair is possible, or removed so that it shall no longer be a nuisance. (Ord. No. 5B, Sections 1, 2) Art. III INOPERATIVE, ABANDONED AND JUNI{ED PROPERTY Sec. 23-15. PROHIBITED CONDITIONS---ENUMERATED EXCEPTIONS---(1) No person shall park, store, leave or allow or permit the parking, storage, leaving, or allowing of any abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled motor vehicle, boat, trailer, machinery, • appliance ,plumbing fixtures or any similar articles of any kind or parts thereof, whether attended or not, upon any public or private property within the Village of North Palm Beach for a period of time in excess of seventy-two hours. The presence of an abandoned, wrecked, dismantled, inoperative, P.EV 7/31/73 -ll0- • rusted, junked or partially dismantled motor vehicle, boat, trailer, machinery, ~- appliances, plumbing fixtures or any similar articles of any kind or parts thereof on private or public property is hereby declared a public nuisance, which may be abated as such in accordance with the provisions of Code Sec- tions 23-15 to 23-30. These Code sections shall not apply to any motor vehicle, boat, trailer, machinery, appliances, plumbing fixtures or any similar articles of any kind or parts thereof which are enclosed within a building on private property or held in connection with a business enterprise lawfully licensed by the Village and properly operating in the appropriate commercial zone pur- suant to the zoning laws of the Village. (Ord. No. 7-73) Sec. 23-16. DEFINITIONS---(1) The term "motor vehicle" as used herein shall include all vehicles as defined in Chapter 320.01(1) , Florida Statutes, or as elsewhere defined in Florida Statutes, and shall include in addition any vehicle which is self-propelled and designed to travel along the ground or water and shall include, but not be limited to, automobiles, buses, motor scooter, motor bicycles, motorcycles, trucks, tractors, go-carts, golf carts, campers, trailers and motor boats. (2) "Private property" shall mean any real property within the Village which is privately owned and which is not public property as de- • fined in this Section. v (3) "Public property" shall mean any street or highway which shall include the entire width between the b oundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility. (Ord. No. 7-73) Sec. 23-17. PRIMA FACIE EVIDENCE OF VIOLATION---Any such motor vehicle, boat or trailer which shall not have lawfully affixed thereto a cur- rent license registration as required by the State of Florida and a current motor vehicle inspection sticker, where required, shall constitute prima facie evidence of a violation of Section 23-15, unless said motor vehicle, boat or trailer shall be so located as to be excepted in said Section. Sec. 23-18. NOTICE TO REMOVE---Whenever it comes to the attention of the Village Manager that any nuisance as defined in Section 23-15 of this Code exists in the Village of North Palm Beach, a notice in writing shall be served upon the occupant of the land where the nuisance exists, or in case there is no such occupant, then upon the owner of the property or his agent, notifying them of the existence of the nuisance and requesting its removal in the time specified in this ordinance. (Ord. No. 7-i3) • Sec. 23-19. RESPONSIBILITY FOR REMOVAL---Upon proper notice and opportunity to be heard, the owner of the abandoned, wrecked, dismantled, REV 7/31/73 -I10.1- • or inoperative property and the owner or occupant of the private property on which the same ie located, either or all of them, shall be responsible for its removal. In the event of removal and disposition by the Village, the owner or occupant of the private property where same is located, shall be liable for the expenses incurred. (Ord. No. 7-73) Sec. 23-20. NOTICE PROCEDURE---The Director of Public Safety of the Village shall give notice of removal to the owner or occupant of the private property where it is located, at least five days before the time of compliance. It shall constitute sufficient notice, when a copy of same is posted in a con- spicuous place upon the private property on which the abandoned, wrecked, dismantled or inoperative property is located and duplicate copies are sent by registered mail to the owner or occupant of the private property at his last known address. (Ord. No. 7-73) Sec. 23-21. CONTENT OF NOTICE---The notice shall contain the request for removal within the time specified in this Chapter, and the notice shall advise that upon failure to comply with the notice to remove, the Village or its designee shall undertake such removal with the cost of removal to be levied against the owner or occupant of the property. (Ord. No. 7-73) -• Sec. 23-22. REQUEST FOR HEARING---The persons to whom the notices are directed, or their duly authorized agents may file a written request for hearing before the Board of Adjustment of the Village of North Palm Beach within the five day period of compliance prescribed in Section 23-20 for the purpose of defending the charges by the Village. (Ord. No. 7-73) Sec. 23-23. PROCEDURE FOR HEARING---The hearing shall be held as soon as practicable after the filing of the request and the persons to whom the notices are directed shall be advised of the time and place of said hear- ing at least five (5) days in advance thereof. At any such hearing the Vil- lage and the persons to whom the notices have been directed may introduce such witnesses and evidence as either party deems necessary. (Ord. No. 7-73) Sec. 23-24. REMOVAL OF PROPERTY FROM PREMISES---If the violation described in the notice has not been remedied within the five (5) day period of compliance, or in the event that a notice requesting a hearing is timely; filed, a hearing is had, and the existence of the violation is affirmed by the Board of Adjustment of the Village of North Palm Beach, the Director of Pub- lic Safety or his designee shall have the right to take possession of the aban- • doped, wrecked, dismantled, inoperative or junked property and remove it from the premises. It shall be unlawful for any person to interfere with, hinder, or refuse to allow such person or persons to enter upon private REV 7/31/73 -ll0.2- • • ., property for the purpose of removing such property under the provisions of this ordinance. (Ord. No. 7-73) Sec. 23-25. NOTICE OF REMOVAL---Within forty--eight (48) hours of the removal of such property, the Director of Public Safety shall give notice to the registered owner of such property, if known, and also to the owner or occupant of the private property from which the property was removed, that said property has been impounded and stored for violation of this ordinance . The notice shall give the location of where the property is stored and the costs incurred by the Village for removal. (Ord. No. 7-73) Sec. 23-26. DISPOSITION OF PROPERTY---Upon removing property under the provisions of Section 23-24, the Village shall after ten (10) days cause it to be appraised. If the property is appraised at $75.00 or less, the Director of Public Safety shall execute an affidavit so attesting and describing the property, including the license plates, if any, and stating the location and appraised value of the property. The Director of Public Safety, after com- plying with the above, may summarily dispose of the property and execute a certificate of sale. If the property is appraised at over $75.00, the Dir- ector of Public Safety shall give notice of public sale not less than five (5) days before the date of the proposed sale. (Ord. No. 7-73) Sec . 23-27 . CONTENTS OF PUBLIC SALE NOTICE---The notice of sale shall state: (a) The sale is of abandoned property in the possession of the Village. (b) If the abandoned property is a motor vehicle, the description shall include the make, model, license number and any other informa- tion which will accurately identify it. Other property shall be described as accurately as possible. (c) The terms of the sale. (d) The date, time and place of the sale. Sec. 23-28. PUBLIC SALE---The property shall be sold to the highest and beat bidder. At the time of payment of the purchase price, the Director of Public Safety shall execute a certificate of sale in duplicate, the original of which to be given to the purchaser, and the copy thereof to be filed with the Village Clerk of the Village of North Palm Beach. Should the sale for any reason be invalid, the Village's liability shall be limited to the return of the purchase price. (Ord. No. 7-73) Sec. 23-29. R] property seized REV 7/31/73 CION OF IMPOUNDED PROPERTY---The owner of any the arovisions of this ordinance may redeem such -110.3- ;• property at any time after its removal but prior to the sale or destruction thereof upon proof of ownership and payment to the Village Treasurer of such sum ae he may determine and fix for the actual and reasonable expense of removal, and any preliminary sale advertising expenses, not to exceed $50.00 plus $2.00 per day for storage of such property. (Ord. No. 7-73) Sec. 23-30. LIABILITY OF OWNER Oft OCCUPANT---Upon the failure of the owner or occupant of property on which abandoned, wrecked, dismantled, inoperative or junked property has been removed by the Village to pay the unrecovered expenses incurred by the Village in such removal, a lien shall be placed upon the property for the amount of such expenses. (Ord. No. 7-73) Sec. 23-31. PENALTY---Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed Five Hundred Dollars or imprisonment for a term not to exceed sixty days, or by both such fine and imprisonment. Each act in violation of any of the provisions of this ord- inance shall be deemed a separate offense. (Ord. No. 7-73) • ,~ I REV 7/31/73 -110.4- Chapter 24 l~ OFFENSES Sec. 24-1. DEFINITIONS---For the purposes of this Chapter, the follow- ing terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not. merely directory. (1) Barbiturate. "Barbiturate and other hypnotic or somni- facient drugs" includes the salts and derivatives of barbituric acid, also known as malony-urea, having hypnotic or somnifacient action, and compounds, preparations, and mixtures thereof. The term also in- cludes amytal, varonal, barbital, acid diethyl-barbituric, or any salts, derivatives, compounds, preparations and mixtures thereof having hypnotic or somnifacient action. The term also includes para-amini- benzene sulfonamide, sulfanilamide, sulfamidyl, prontylin, prontosil, neo prontosil, neo protylin edimalin, sulfonamid, or salts, derivatives, compounds, preparations and mixtures thereof. The term also includes any registered, trademarked, or copyrighted preparation or compound registered in the United States Patent Office containing more than one grain of avoirdupois of fluid ounce of a substance within its definition. ~, (Ord. No. 121-65, Sec. 2) (2) Bill posting agency. The term "bill posting agency" shall be construed to mean any person posting advertising matter or distribut- ing advertising matter throughout the village. (Ord. No. 121-65, Sec. 9) (3) Model glue. The term "model glue" shall mean any glue or cement of the type commonly used in the building of model airplanes, boats, and automobiles, containing toluene, acetone, or other solvent or chemical having the property of releasing toxic vapors. (Ord. No. 187-69, Sec. 1) (4) Narcotic drug. "Narcotic drug" includes opium, coca leaves, demerol, and the several alkaloids derived therefrom,the best known of these alkaloids being morphia, heroin, and codeine, obtained. from opium, and cocaine derived from the coca plant; and all compounds, salt, preparations, or other derivatives obtained either from the raw materials or from the various alkaloids of opium, coca leaves, and demerol. The term also includes India hemp and its various derivatives, compounds, and preparations, and peyote in its various forms; demerol and its derivatives, compounds, salts, and preparations. The term also includes marijuana, being a product of the plant Cannabis sativa L. and r ~J J - 111 - any preparation or derivative of the fibers of the plant Cannibis sativa L. The term also includes opiates which are drugs known to have ` addiction-forming or addiction-sustaining liability similar to morphine and cocaine, and the term "opiat.es" shall include by way of example, but not by way of limitation, the drugs Amidone, Isoamidone, and Keto- Bemidone, and Tropacocaine Hydrocholoride, a synthetic narcotic drug. (Ord. No. 121-65, Sec. 2) (5) Person. ation, corporation, 121-65, Sec. 2) (6) Official Chapter, they shall village. (Ord. No. (7) Topless clothing which does shall include those 140-67, Sec. 1) "Person" is any person, firm, partnership, associ- company or organization of any kind. (Ord. No. time. Whenever certain hours are named in this mean standard time as may be in current use in the 121.-65, Sec. 1.5) costume. "Topless costume" shall be defined as any not cover a mayor part of the female breasts and devices commonly known as "pasties." (Ord. No. (8) Vagrant. The following persons shall be deemed vagrants: (a) No lawful means of support, Any person having no lawful means of employment and having no lawful means of support realized solely from lawful occupations or sources; or any, person who lives idly and without visible means of support. • (b) Loitering. Any person found loitering or strolling in, ~,,,. about, or upon any street, alley, or other public way or public place, or at any public gathering or assembly, or in or around any store, shop, or business or commercial establishment, or on any private property or place without lawful business and conducting himself in a lewd, wanton or lascivious manner in speech or behavior. (c) Burglar's tool's. Any person upon whose person or in whose possession shall be found any instrument, tool, or other implement for picking locks or pockets, or any implement that is usually employed or that reasonably may be inferred to have been designed to be employed in the commission of any felony, misdemeanor or the violation of any ordinance, and who shall fail to account satisfactorily for the possession of the same. (d) Unlawful occupancy. Any person wandering abroad and occupying, lodging, or sleeping in any vacant or unoccupied barn, garage, shed, shop, or other building or structure, or in any auto- mobile, truck, or other vehicle, without owning the same or without permission of the owner or person entitled to the possession of the same, or sleeping in any vacant lot during the hours of darkness and not giving a satisfactory account of himself. (e) Begging. Any person wandering abroad and begging; or any person who goes about from door to door of private homes or • commercial and business establishments, or places himself in or upon - 112 - any public way or public place to beg or receive alms for himself, • (f) Abroad at unusual hours. Any person who wanders about the streets, alleys, or other public ways or places, or who is found abroad at Late or unusual hours in the night without any visible or lawful business and not giving a satisfactory account of himself. (g) Illegal association. Ary-,person who keeps;coperates, frequents, lives in, or is employed in any house or other establishment of ill fame, or who (whether married or single) engages in or commits acts of fornication or perversion for hire. (h) Illegal employment. Any person who frequents or loafs, loiters, or idles in or around or is the occupant of or is employed in any gambling establishment or establishment where intoxicating liquor is sold without a license. (i) Fraudulent schemes. Any person who shall engage in any fraudulent scheme, device, or trick to obtain money.or other valuable thing from others; or any person who aids or assists such trick, device or scheme. (j) Concealing stolen property. Any. person who keeps a place where lost or stolen property is concealed. (k) All persons who by the common law are vagrants, whether embraced in any of the foregoing classifications or not. (Ord. No. ~ • 121-65, Sec, 3) J Sec. 24-2. ALCOHOLIC BEVERAGES; CONSUMPTION ON PLAYGROUNDS AND ' / (((/// ' .vinous, malt or PUBLIC PARKS---No person shall drink any spiritous, 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, (Ord. No. 138-66) Sec. 24-3. ANIMALS---CRUELTY TO---No person shall overdrive, overload, drive when overloaded, overwork, torture, cruelly beat, mutilate or ~/ needlessly kill, or carry~,or transport in any vehicle or other convey- ance in a cruel or inhuman manner, any animal, or cause any of these acts to be done. (Ord. No. 121-65, Sec. 7) ,dec. 4-24. SAME---FOOD AND SHELTER---No person shall fail to provide J / any animal in his charge or custody with necessary sustenance, drink, (/// and protection from the elements, or cause any of these acts to~be done. (Ord. No. 121-65, Sec. 7) • Sec. 24-5. REPEALED. Amendment note---Section 24-5 was automatically repealed by Ordinance No. 206-70, Sec. 3, which is codified herein as Section 4-7. Supp. No. 1 -113- Sec, 24-6. SAME---FIGHT UPON EXHIBITION---No person shall maintain ~ / any place where fowls or any animals are suffered to fight upon ex- ~/ hibition, or for sport upon any wager. (Ord. No. 121-65, Sec. 7) Sec, 24-7. REPEALED. Amendment note---Section 24-7 was automatically repealed by Ordinance No. 206-70, Sec. 4, which is codified herein as Section 4-3 and which encompasses the same subject matter, Sec. 24.$, SAME---MOLESTING SONGBIRDS OR DOMESTIC PETS---No person shall frighten, shoot at, wound, kill, take, capture, ensnare, net, trap or in any other manner molest or injure any robin, lark, whippo - will, finch, sparrow, thrush, wren, martin, swallow, snowbird, bobolink, red-winged blackbird, crow, raven, oriole, kingbird, mockingbird, song-sparrow, or other song bird or insectivorous bird, or in any manner molest or injure the nest eggs or young of any such bird; or have in his possession the nest eggs, young or body of such bird, or wound or kill any domestic pets found within the village. (Ord. No. 121-65, Sec. 7) Sec. 24-9. BANNERS ETC.; PLACING ACROSS STREETS---No person shall, / • Place or extend any banner or canvas sign across any public street, park or other way of the village without first having obtained per- mission from the village manager. (Ord. No. 121-65, Sec. 9) ~.. Sec. 24-10. BARBITURATES AND OTHER HYP UNLAWFUL POSSESSION---No person in the use or possess for any purpose whatever hypnotic or somnifacient drugs, except and 24-13< (Ord. No. 121-65, Sec. 4) OR SOMNIFACIENT DRUGS--- '/ village shall sell, give away, any barbiturates and other as provided in Sections 24-12 Sec, 24-1.1. SAME---UNLAWFUL ASSOCIATION---No person in the village shall }establish, contribute to, support, maintain, become an inmate of, or ~~i. in any way be connected with any building or part thereof, or place of any description whatever, or permit such building or part thereof, or place of any description whatever owned by or under the control of such person to be used for the manufacture, preparation, sale, storage, smok- ing, or use of any barbiturates and other hypnotic or somnifacient drugs, except as provided in Sections 24-12 and 24-13. (Ord. No, 121-65, Sec. 4) Sec, 24-12, SAME---DISTRIBUTION BY LICENSED PRACTITIONERS---(1)~ Physicians, A licensed physician, dentist, or veterinary surgeon shall / be permitted to dispense or distribute barbiturates and other hypnotic ~/ or somnifacient drugs to a patient in the course of his professional • practice only, and such licensed practitioner shall not be permitted to possess barbiturates and other hypnotic or somnifacient drugs for any other purpose. Supp, No, 1 -114- (2) Pharmacists. A licensed pharmacist shall be permitted to dis- pense or distribute barhiturat~:s and other hypnotic or somnifacient drugs to patients under and in ,p'arsu.ance of written prescriptions issued by any licensed physician, dentist, or veterinary surgeon, and such licensed pharmacist shall not be pe:~iitted to possess barbit,u~ates and other hyp- notic or somnifacient drugs for any other purpose. (3) Record of Distx°i:b~tion. All instances of professional dis- tribution of barbiturates and ether 2^tiypnotic or somnifacient cL^ugs as provided herein shall b?. recorded in a suitable £orm and filed and pre- served in a manner so as '~ be readily accessible for inspection by any law enforcement officers of the village. V (4) Renewal prohibited. No prescription for barbiturates and other hypnotic or somnifacient drugs shall be renewed, (Ord. No, 121-65, s 4) Sec 24-13 SAME---POSSESS.;ON BY CERTAIN PERSONS---(1) Bs patients. Any patient shall be permitted 'to possess barbiturates and other hyp-L/// notic or somnifacient drugs distributed or dispensed to him under the provisions of this Chapter, but such possession and use must be in accordance with the terms of ',h~ prescription and prescribed treatment. (2) By Manufacturer. A person who is a licensed manufacturer or wholesaler of barbiturates and other hypnotic or somnifacient drugs shall be permitted to possess barbiturates azid other hypnotic or somnifacient drugs for the purpose of wholesale delivery, compounding, preparation, and manu-~ • facture only, and the same shall only be resold to other persons permitted by this Chapter to resell, or dispense or distribute barbiturates and other hyp- ~,,, notic or somnifacient drugs in the course of a licensed manufacturing or whole- sale, a licensed professional practice, or a licensed pharmaceutical business. (a) Pharmacist as manufacturer. A licensed manufacturer or wholesaler permitted to possess barbiturates and other hypnotic or som- nifacient drugs in Subsection (2) may also be a licensed pharmacist and may dispense or distribute barbiturates and other hypnotic or somni- facient drugs upon written prescription as provided in this Chapter, but shall not consume or permit to be consumed arty barbiturates and other hypnotic or somnifacient drugs except upon written prescription as provided in this Chaptc;r. (Ord. No. 121-65, S 4) Sec 24-14 SAME---SEIZURE CONFISCATION. ETC.---A11 barbiturates and other hypnotic or somnifacient drugs in the possession of any person convicted of a violation of th-s Chapter, shall be seized by, confis- cated by, and forfeited to the director of public safety, who shall make proper disposition 'thereof. (Ord. No. 121-6Q, S 4) Sec 24-15 SAME---EXEMPTED PREPARATIONS---Exempt preparations shall include any compound, mixture, or preparation containing salts or derivatives of any barbiturate or other hypnotic or somnifacient drug • which is sold in good faith for the purpose for which it is intended - 115 - and not for the purpose of evading 'the provisions of this Chapter, pro- vided that: (1) Such compound, mixture, or preparation contains a sufficient quantity of another drug or drugs, in addition to the barbiturate or other hypnotic or somnifacient drug to cause it to produce an action other than its hypnotic or somni£acient action, or (2) Such compound, mixture, or prepartion is intended for use as a spray or gargle or for external application and contains, in addition to such salts or derivatives, some other drug or drugs rendering it unfit for internal administration. (Ord, No. 121-65, S 4) Sec 24-16 BATHING REGULATIONS---(1) No person afflicted with infec- tious, contagious or communicable disease shall bathe in any public pool or place within the village limits. (2) No person shall beach or bathe in a mannersci3jrary to the posted regulations of the village. (Ord, No. 121-65, Sec, 24-17. BONFIRES---No person shall make or assist in making any bon- fire in or upon any public street or place within the village without the permission of the director of public safety. (Ord. No. 121-65, S 4) • Sec 2 -1S i BURGLARY TOOLS---POSSESSION OF---No any pick larso nippers n as bur k person shall possess lock, skeleton key, key ppers any n , g now to be used with bit or bits, jimmy, or any other burglars instruments r,®,,. or tools of whatever kind or description, unless it be shown that such s 6 ) possession is innocent, or for lawful purposes. (Ord. No. 121- 4 5, Sec 24-19 BURNING CROSSES--No person shall cause any cross or similar device to be burned or erected upon any other persons property or make any similar demonstration or place any similar exhibits upon the private property of another unless such person shall have first obtained from the occupier or owner of the property where such cross or other device is to be burned or erected such owners permission to do so, and in addition shall have first obtained a written consent from the village manager, (Ord. No, 121-65, S 12) Sec 24-20 CHILDREN OFFENSES AFFECTING---No person having the care, custody, control, or confidence o£ or influence over any child shall willfully cause or permit the life of such child to be endangered, or the health of such child to be injured, or the morals of such child to be impaired; or shall willfully cause or permit such child to be placed in such a situation, business, or occupation that its life, health, or morals shall be endangered; or to willfully abandon such child; or shall torture, torment, cruelly punish, or willfully or • negligently deprive of necessary food, clothing or shelter, or in any other manner injure such child unnecessarily. (Ord. No. 121-65, Sec. S) - 116 - Sec. 24-21. CIGARETTE SALES TO MINORS---(1) Na person shall sell, barter, furnish or give away, directly or indirectly, to any person who is under seventeen yearn of age; any cigarette, cigarette wrapper or any substitute for either; ' sel or compel any child under or procure for, or pursuade, advise, coup- said age to smoke any cigarette. (2) Any person violating 'the provisions o£ this section shall, for the first offense, upon a conviction thereof, be fined not more than fifty dollars, nor less than ten dollars; and for a second and any subsequent offense, upon conviction thereof, be fined not more than one hundred dollars nor less tYian ten dollars, and to which may be added imprisonment for any pe riod not exceeding sixty days. (3) Any police officer shall enforce the provisions of this section, and he may summon any person who is under seventeen years of age who may have or have had in his possession any cigarette or ciga- rette material, and compel him to testify before any judge ad litem of the village as to where and from whom he obtained such cigarettes or cigarette material. (Ord. No. 173-65, Sec. 1-3) Sec 24-22 COIN-OPERATED AMUSEMENTS---No coin-operated amusement table, marble board or other similar game and device shall be located or kept or allowed to be operated on any premises within three hundred feet of any school grounds. (O:rd. fdo. 121-65, Sec. S) Sec. 24-23. CURFEW---(1) No person under the age of sixteen years shall be on the streets of the village after ten o'clock P.M. until ,• daylight, unless such person be accompanied by parent, guardian or adult chaperon, or unless such person is on direct route home from a gathering supervised by an adult chaperon. (2) No parent or guardian shall suffer or permit any person under sixteen years of age who is under such parents or guardians care, custody or control to be on the streets any night after ten o~clock until daylight unless such person be accompanied by parent, guardian or adult chaperon, or unless such person is on direct route home from a gathering supervised by an adult chaperon. (Ord. No. 121-65, Sec. S) Ser 24-24 DISTURBING THE PEACE---No person shall disturb, tend to disturb, or aid in disturbing the peace o£ others by violent, tu- multuous, offensive, or obstreperous conduct, and no person shall knowingly permit such conduct upon any premised owned or possessed by him or under his control. (Ord. No. 121-65, Sec. 3) Sac 24-25 DISTURBING RELIGIOUS WORSHIP---No person shall disquiet or disturb any congregation or assembly for religious worship by making a noise or by rude or indecent behavior, or profane discourse within their place of worship, or so near the same as to disturb the order or solemnity of the meeting. (Ord. No. 121-65, Sec. 3) • -117- Sec 2 -26 ESCAPE OF PRISONERS---(1) No person shall while a pris- oner in the village jail, or in any other place where prisoners are confined, or otherwise in custody of and confined by the village, escape or attempt to escape or 'to assist others to escape or attempt to escape from such custody or confinement. (2) No person shall assist or aid, or attempt to assist or aid any person in the custody of or confined under the authority of the vil- lage to escape from jail, place of confinement, or custody. (3) No person stall make available to, present to, or place within the reach of, any person confined under authority of the village any in- toxicating or malt liquors, or any tool, implement, or other thing calcu- lated to aid in the escape of such person so confined or any other person confined under authority of the village. (Ord. No. 121-65, Sec. 4) Sec 2 -27 EXPECTORATION---No person in the village shall expectorate upon any sidewalk, street, floor in public buildings or upon any other public place. (Ord. No. 121-65, Sec. 5) Sec 24-25 FALSE ALARM---No person shall intentionally make, turn in, or give false alarm of fire, or of need for police or ambulance assistance, or aid or abet in the commission of such act. (Ord. No. 121-65, Sac. 4) • Sec 24-29 FALSE REPORT OF CRIME---No person shall make to, or file with, the department of public safety of the village any false, mis- ~. leading, or unfounded statemer_t or report concerning the commission of alleged commis ion of any crime occurring within the village. (Ord. No. 121-65, Sec. 4) Sec 24-30. FIGHTING---No person shall fight another person except in boxing exhibitions duly authorized and licensed under law. (Ord. No. 121-65, Sec. 3) Sec 24-31 FIREWORKS---USE PROHIBITED---No person shall cast, throw, light, or fire any squib, rocket, cracker, torpedo, grenade, gun, re- volver, pistol, or cartridge, or other combustible firecrackers or fire- works o£ any kind. (Ord. No. 121-65, Sec. 4) Sec 2•-32 SAME---EXCEPTIONS---(1) Section 24-,_ shall not apply to any such article or articles by wholesalers to each other, or to the sale of any such article or articles at wholesale to merchants conducting business entirely without the village, or to the sale by wholesalers for public demonstrations as provided in Subsection 2. i (2) Section 24-_ shall not apply to the sale, storage, or • -115- use of railroad track torpedoes, or other signalling devices used by railroads, or to the sale, storage, or use of flashlight composition by photographers, or dealers in photographic supplies, or to prevent any public demonstration or display of fireworks of any kind if con- ducted under proper police and fire supervision after application made l~- and permit issued by the director of public safety for such demonstra- tion. (Ord. No. 121-65, Sec. 4) Sec. 24-33. GAMBLING---(1) No person shall engage in a game of chance prohibited by the statutes of the State of Florida or this Code.' (2) No person shall have in his possession any evidence of il- legal gambling in the nature of policy or pool tickets, slips or check or memoranda of any combination or bet, or any policy wheel, dice, imple- ment, apparatus or material of any form of illegal gambling or lottery. (3) No person being the owner or person in control of premises shall knowingly permit the use or occupancy thereof for gambling or any game of chance prohibited by the statutes of the State of Florida. (Ord. No. 121-65, Sec. 7; Ord. No. 155-67) Sec. 24-34. HITCHHIKING---No person shall hitchhike, "thumb rides" or go upon the public streets and highways for the purpose of soliciting free transportation. (Ord. No, 121-65, Sec. 4) • Sec 24-35. HANDBILLS. DISTRIBUTION OF---(1) No person shall distribute or give out any handbills, tickets, samples or merchandise or other kind of advertising matter, unless such person is a licensed bill posting ~'~'~ agency; provided, however, that this section shall not be_aonsttued to prevent persons from distributing advertisements of their own business through the United States mail. (2) No person shall give to another or attempt to give to another any handbill, ticket, sample or other advertising matter upon any public street, alley, park or other public way or place within the village, or pass the same from.pYivate property to any person on any street, alley, park or other public way or place, or place such advertising matter in any auto- mobile belonging to another within the corporate limits of the village, or throw or leave the same in any private yard or upon private property so that the same may be blown or scattered upon private or public property. (ord. No. 121-65, Sec. 9) (3) No person shall distribute, deposit, place, throw, scatter or cast any printed or written matter, any sample or device, dodger, circu- lar, leaflet, pamphlet, newspaper, magazine, paper booklet, or any other printed or otherwise reproduced original or copies of any matter or literature upon any premises,..if requested by the owner, or someone authorized by the owner, not to do so. (ord. No. 228-71, Sec. 1) Sec. 24-36. INDECENT EXPOSURE---(1) No person shall swim or bathe in • water in the village where such conduct is allowed unless wearing a bathing suit or other suitable garment to protect his person from exposure. (Drd. No. 121-65, Sec. 4) Supp. No. 3 -119- • (2) No person shall publicly expose his person or make any indecent gestures. (ord. No. 121-65, Sec. 7) ~1m \• ~~ C] Supp. No. 3 -119.1- OFFICIAL--- 1 No person shall hold himself out as, or falsely assume or impersonate himself 'to be a police officer or fireman of the village or any other village official or employee, or assert falsely that he l has the authority or right 'to exercise the powers of any such officers or officials. (Ord. No, 121-65, Sec. 12) (2) No person, other than official police officer of the village, shall wear or carry the uniform, apparel, badge, identification card or any other insignia of office like or similar to, or a colorable imitation of that adopted and worn or carried by the official police officers of the village. (Ord. No, 121-65, Sec. 4) (3) No person while wearing a mask or device such as described in Subsection (1) shall demand entrance or admission to or attempt to enter in or come upon or into 'the premises, enclosure or house of any person in the village. (Ord. No. 121-65, Sec. 12) Sec. 24-38. INTERFERENCE_4IITH POLICE---(1) No person shall resist any police officer, any member of the department of public safety, or any parson duly empowered cr'Lt;h police authority, while in the discharge or apparent discharge of his duty, or in any way interfere with or hinder him in the discharge of his duty. '°"'""-- (2) No person shall offer or endeavor to assist any person in the custody of a police officer, a member of the department o£ public safety or a person empowered with police authority to escape or to • attempt to escape from such custody. (Ord. No, 121-65, Sec. 4) l Sec. 24-39. LITTERING WATERFRONTS---No person shall throw, cast, lay or deposit a glass bottle or piece of crockery or any glassware, tin cans, or any sharp metals, or any rubbish or debris or bury the same in any beach or other part of the water front in the village. (Ord. No. 121-65, Sec. 13) NAME---No person shall write or cause to be written, or knowingly permit to be written in any register in any hotel, lodging house, rooming house, or other place whatsoever where transients are accommodated in the vil- lage, any other or different name or designation than the true name o£ the person so registered therein, or the name by which such person is generally known. (Ord. No. 121-65, Sec. 7) Sec. 24-41 SAME---UNLAWFUL OCCUPANCY---No persons of the opposite sex, except husband and wife or parent and minor child, shall jointly and privately occupy any room or rooms in any dwelling unit, apartment, lodging house, hotel or any other place where transients are accommo- dated. (Ord. No. 121-65, Sec. 7) • - 120 - Sec. 24-42, SAME---RENTING TO PERSONS OF OPPOSITE SEX---(I) No pro- ( prietor, manager, or other person in charge of such hotel, lodging house, rooming house, or other place where transients are accommodated shall rent or assign rooms for joint, private occupancy by persons of the opposite sex unless such persons shall be registered as husband and w~fe, or as parent and minor child. (2) No proprietor, manager, or other person in charge of any hotel, lodging house, rooming house, or other place where transients are accommodated shall rent or assign rooms for joint, private occupancy if, notwithstanding the lawful appearance of the registration, he has reason- able cause to believe such transients not to be husband and wife or parent and minor child, and when such transients are unknown to him, he shall not receive them as guests without first requiring some reasonable evidence of a lawful relationship. (Ord. No. 212-65, Sec. 7) Sec. 24-43. SAME---MULTIPLE NIGHT RENTALS---No proprietor, manager, or other person in charge of any place where transients are accommodated for sleeping or lodging purposes shall let any room or rooms more than once between the hours of 6:00 P.M. and 6 A.M. the next day, except to bona fide travelers with baggage. (Ord. No. 121-65, Sec. 7) Sec, 24.-43.1, LOITERING; PROWLING---(1) No person shall loiter or prowl • in a place, at a time, or in a manner not usual. for 'law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immed ~ to concern for the safety of persons or property in the vicinity. (Ord, No. 203-69, Sec. 1) (2) Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the actor takes flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. (Ord. No, 203-69, Sec. 2) (3) Unless flight by the actor or other circumstances makes it impracticable, a peace officer shall prior to any arrest for an .offense under this Section afford the actor an opportunity to dispel any alarm or immediate concern which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this Section if the peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the peace officer at the time, would have dispelled the alarm or immediate concern. (Ord. No. 203-69, S~c. 3) Amendment note---Ordinance No. 203-69, from which Section 24-43.1 was derived, did not specifically amend the Code a.nd has been codified as such section in the discretion of the editors. • Supp. No. 1 -121.- Sec. 24-44. LOOKOUTS FOR ILLEGAL ACTS---No person shall act as a guard or lookout for any building, premises or establishment used for gambling, prostitution, or any other form of vice or illegal act, or where intoxi- cating liquors are illegally kept, spld or purchased, or for any person soliciting, offering or engaging in prostitution, gambling or any other form of vice, or illegal act, or any prostitute, on any street or side walk. Nor shall any person give any signal intended to, or calculated tp warn, or give warning of the approach of any peace officer to any person in or about such building or premises or places mentioned herein. (Ord. No. 212-65, Sec. 7) C7 Sec. 24-45. MASKS, WEARING OF_---(1) No person, while wearing any mask or device whereby any portion of the face of such person is so hidden or covered as to conceal the identity of the wearer, shall enter, be or appear upon any public or private property within the village limits. (Ord. No. 121-65, Sec. 12) (2) The following persons are exempted from the provisions of Subsection (1): (a) Any person wearing traditional costumes of the holiday during any such holiday period. (b) Any person under the age of seventeen years who is wear- ing such mask or device for a bona fide play or amusement purposes. (c) Any person wearing any such mask or device in connection with bona fide dramatic or theatrical entertainment. (Ord. No. 121-65, Sec. 12) Supp. No. 1 -121.1- Seco 2 -t6 MODEL GLUE---SNIFFING PROHIBITED---No person shall, for the purpose of causing a cond:i.tian of intoxication, euphoria, excitement, ex- hilaration, stupefaction, o;° dulling of the senses or nervous system, in- tentionally smell or :inhale t:he fumes from arty model glue or any of the volatile solvents used and cortaitied in "model glue", or any other solvent, material, substance, chemical or combination thereof, having the property of releasing toxic vapors; provide=.d, however, that this section shall not apply to the inhalation of any anesthesia for medical or dental purposes. (Orde No. .187-69, Sec. 2; Urd~ No. 191-69, Sec. 1) Sec. 24-47. SAME---POSSESSI:ON BX OR SALE TO MINORS REGULATED---No person under twenty-one years of age shall possess or buy any model glue, and no person shall sell or trans£e:r possession of any model glue to another per- son under twenty-one years of age:, except under the following conditions: (1) A person may se:11 or transfer possession of model glue to a person under twenty-one years of age for model building or othv=r lawful use where said minor has in his possession and exhibits the written con- sent of his parent or guardian, (2) A parent or guardian, may 'transfer possession of model glue to his child or ward under twe~rrty-ono years of age for model building or other lawful use, (3) A person may 'bransf<.r possession of 'model glue to a person under twenty-one years of age:: ir.. i.;he presence o£ and with the vsrbal cn.rsr,r.' of said minor's par.=rr~ o:r guardian2 for model building or other i.aUrS.t,:L cs~.. (Oi'd, No, 1~i7-E~`~~ Sc~c, r) °-`-'-L•~;"!,?SAME-._ RECORD, OI' SAFES RE~UI:P~F,'~,---A pe:rso:a mak=rag a sal.o or ra_isC~ r of possession of mods; gl:u ro a pa:rso-i n:uder twenty nc y;aars oi' age who ex:h:bits tbF .'~~ co:~sc•:u.n o.C his par sat or guard~a,, shall record. the name, address, sex, dry age of ''the m:i.roc and the nam_ grad address of the. consenting pares or guardian, All dai;a required by this Section shall be kept in a p,rmana.n`,'type :register available for inspec- t;i_aa by i;he director of puhlic safo-„ty for a period of at least six. monY;hs, (Ord, No, 1S'i-69, Sec.. 5) Sec,_2~j0, NARCOTICS-- ;l) Ur,~;lawful Possession. No person shall sell, g:v~r: away, use or possess fo.^ a1:y purpose wh.atov:;r any narcotic drug, except as praaided hereir_, (2) Unlawful Assa_a"coo No person. shall establish, cor..tribute to, support, maLnta.n, b~com an i:amat~~ of, or in any way be connected with any building or pan t,'~hercol", or places of any descripUion whatever, or pr-rm~.t such building o:r part the:rc~o£, or place of any descr`_ption whotE;~%r owned 'by or under ~ihe control of such person to be used for t;he manufacture, preparation, sale.., stnrage, smoking, or use of qtly aarcor:5.c dx•ug, except as provided ha:rn.in.o • -122_ (3) Exceptxr.:s. U~~.E'r~sicians and Pharmacists, A licensed (a) Di~triha~,~o^. l _ physician, dent:isr, .~~: ti';~tFrinary surgeon shall be permitted to dis- pense or distribut'k naxcobic drugs to a patient in the course of his professional practice: on'_;,, acrd such licensed practioner shall not be permitted to posse=ss ilax°co cac drugs for arty other purpose. A licensed pharmacist st:.all bct permitted to dispense or distribute narcotic drugs to pat:ie.x:ts under and in pursuance of written pre- scriptions issued by ax:y ;~cersed physician, dentist, or veterinary surgeon, and such l.icensad pharmacist shall not be permitted to possess narcotic drags .fey any other purpose. All instances of professional distr:ihtc';on o£ narcotic drugs as provided herein shall be recorded in suitak;l> for!n and filed and preserved in a manner so as to be readily aceess:ibl-.1'o:r inspection by any law enforcement officers of the village. No pr.°escription for narcotic drugs shall be renewed. (b) Possession by Patients. Any patient shall be permitted to possess narcotic drugs d:istr:i.buted or dispensed to him under the provisions o£ Subsection l.3) (a), but such possession and use must be in accordance with the rt;rms of the prescription and presoribed treatment. ~ufacturer. A person who is a licensed (c) Possession b~Mar , manufacturer or wholesaler of narcotic drugs shall be permitted to possess narcotic druga fcr the ptarposes o£ wholesale delivery, com- pounding, Preparation, ar_a m.a:nufacture only, and the same shall only • be resold to other pex°sons pe=.rmitted by this section to resell, or dispense or distribute rarcot:lc drugs in the course of a licansed ~""'~ manufacturing or wholesale, a licensed professional practice, or.a licensed pharmaceutical business. A licensed manufacturer or whole- saler may also be a licensed pharmacist and may dispense or dis- tribute narcotic drugs upon w~itt:n prescription as provided herein, but shall not consume or pex°mit to bo consumed any narcotic drug except upon written prescription as herein provided. (d) Exempted Pr~arations. This section shall not apply to the administering or dis trihuting or dispensing o£ any medical preparation that contains in one fluid ounce, or >f a solid or semi- solid preparation in one avoirdupois ounce, not more than one grain of codeine or any of its salts. Provided, that the preparation ad- ministered or distributed or dispensed shall contain some drug or drugs of medicinal qualities in addition to those possessed by the . narcotic drug alone. Such preparation shall be administered, or distributed or dispensed in good faith and not for the purpose of evading this section. However, no person shall administer, dispense, or sell, under the exemption of this subsection, any preparation included in this sub-section, when he lmows, or can by reasonable diligence ascertain, that such administering, dispensing, or sell- ing will provide the person to whom or for whose use such preparation is administered, dispensed, or sold, within any forty-eight consecu- tive hours, with more than four grains of codeine or any of its • salts, -123- (e) ExemF'r_~d :Pa:rseas, The provisions of this section re- stricting the possf>ss':.o~:. ar,d control of narcotic drugs shall not apply to common oarri•aes or warehousemen, engaged in lawfully trans- l~ porting or storing such.:nareo'tic drugs, or to any employee of such common carriers or wac°thousemrn within the scope o£ his employment, or to public officors or .~aployees in 'the performance o£ official duties requiring posscass_on or ccntrol of narcotic drugs, or to persons aiding suck.~.~ffi~ars e'r employees in performance of such duties. • (Q) Seizure of_N3rce'~~^. :Drues, All narcotic drugs in 'the posses- sion of any person ca:_~•iotcd of a violation of this section, shall be seized by, confiscatF°.d t:y, and forfoited to the director of public safety who shall make pr rp:~r d~sposi'tion thereof. (5) Seizure of U~hicl~,, Any vehicle from which seized drugs are removed, the vehicle being owned by the person convicted of a viola- tion of this section, shall be seized by, confiscated by, and forfeited to the director of public say°.ety in the name of the village and sub- sequently sold at public auction to tho highest bidder by the village manager. (Ord. No, 121-H5, Se:.. 4) Sec. 24-51. NOISE---POR ADV'F.RTIS:IrJG PURPOSES---No person shall, either as principal, agent or employee, play, use or operate for advertising purposes, or for any other parpose whatsoever, on or upon the public streets, alleys, parks or t.h..a_~^ughfares in the village, any device known as a sound truck, loud speaker or sound amplifier, or radio or phonograph with a loud speaker or sound amplifier, or any other instru- ment known as a calliope ox° instrLUnant of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle or mechanism or standing upon such streets or places; provided, however, that such devices may be permitted for public or charitable purposes after written permission 1'or same is granted by the director of public safety. (Ord. No, 121-65, Sec. 9) i `^Y ~S"-7f Sec 24-52 SAME---RADIOS PHONOGR.APHS,__ETC.---No person shall operate, play or cause to be oparat~od or played within that portion of the village which has been zoned and designated as business property or business section of the village, betweer. the hours of eleven P.M, and seven A.M, and within that section or those sections. of the village which have been zoned and designated as residential districts, between the hours of ten p,m, and eight. a,m, on weekdays and between the hours of ten p':m. and f"_ ~s noon on Sundays, any radio, phonograph, television, appliances, lawn mowars, or any machine, instrument or appliance which makes music or noise, in such manner that the music or noise produced by the same may be heard at a greater distance than fifty feet therefrom, (Ord, No, 121-65, Sec, 10) i Sec 24-53 SAME---SHOUTING, YELLING, ETC,---No person shall engage k V '~ =`~f -124- • L' • in yelling, shouting or creating such noises either indiviudally or in concert with others at the same time and place within that section or those sections of the village which have been zoned and designated as residential, between the hours of eleven p.m. and eight s.m. in such manner that the yelling, shouting or other noises produced by same may , _ ~s, be heard at a distance greater then fifty feet therefrom. (Ord. No. 121-65, Sec. 10) Sec. 2 - SAME---CONSTHUI:'1'lUIV• 1J15MUL1'1'iV1u• ruwl~,n ru~~. ntlvr,nl r, i~+.--- 1 No person shall cause or permit the erection, demolition, altera- tion or repair of any building in any portion o£ the village zoned and designated as a residential district or section, other than between the hours of eight a.m. and eight p.m. on weekdays, and between the hours o£ twelve noon and six p.m. on Sundays. (2) No person shall cause or permit the use of any power driven machinery, tools or equipment in any portion of the village zoned and r ~r designated as a residential district or section other than. between the hours of eight a.m. and six p.m. on weekdays and between the hours of twelve noon and six p.m. on Sundays. Power mowers shall be used only between the hours of eight a.m. and eight p.m. weekdays.,_and,_on;;Sundays only between the hours o£ twelve noon. and six p:m. (3) If application is made to perform any work under this section before eight a.m. or after six p.m., the village manager shall determine whether said work is of urgent necessity or in the interest of public health and safety, and i£ he should so determine, and if he should further determine that the public health and safety would not be impaired by said work within the hours of six p.m. and eight a.m. and if he should further determine that loss or great inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of six p.m. and eight.alm., such permit may be granted for a period of one week ur~].ess a longer time is authorized by the village manager. (Ord. No. 22, Sec. 1, 2, 4) Sec 24-55 SAME---ANIMALS AND FOWL---No person shall keep any animal ~~ /~ or fowl which shall disturb the comfort or rest of any person in the ~U/.LPt~ vicinity, with frequent or long continued noises of any kind whatsoever ~~" including the barking, howling, yelping or crowing of any animal or ~f- fowl, in any portion of the village zoned and designated as a resi- .S ' dential district or section. (Ord. No. 22, Sec. 3) Sec 24-56 POLLUTION OF WATERWAYS---No person in charge of any house- boat or other boat or vessel in motion, anchored or tied up at any marina or any other waterways within the village limits shall permit any trash, garbage, or the excreta or refuse from any toilet or privy on said boat, to be thrown from, to be ejected from, or to be allowed to escape from such boat into the waters;in which said boat is in' motion, tied up or anchored. (Ord. No. 86, Sec, l,) - 125 - .,Sec. 24-5'l. P05TING BILLS---No person shall post, any bills or other advertising matter upon any permanent or temporary atructure,or build- ings, pole or trees located in any streets Park or other public way or place within the corporate limits of the village. (Ord. No. .12165, Sec. 9) Sec 24-58 PROSTITUTION: MORAL PPRVEI25ION;_LCWA ACTS---(1') Committin . No person shall commit or agree to commit,a lewd act or an act of prostitution or moral perversion. (2) Securing. No person shall secure or offer another person for L'he purpose of committing a Lwd ac.t or an acC of prostitution or moral perversion. (3) ;le retricious dienlav. No person shall make a meretricious dl.spl.ay in or near any public place, any place frequented by the public, or any place: open to the public view. (4) TransT porting• No person shall knowingly transport any p~r- son to any place for the purpose of committing a lewd eat or an act of prostitution or moral perversion. (5) Permitting. No person shall knowingly receive, or offer or agree to receive any person into any place or building for thapurpoae of performing a lewd act, or an act of prostitution or moral perversion, or knowingly permit any person to remain in any place or building for • such purpose. (6) Directing. No person shall direct or offer to direct any person to any place or building for the purpose of committing any lewd act or act of prostitution or moral perversion. (7) Aiding. No person shall aid, abet, allow, permit, or par- ticipate in the commission of any of L•ho acts prohibited in subsections C1) through (6) of this Section. (Ord. No. 121-65, Sec. 7) Sec. 24'59, PUBLIC PROPERTY---(1) Tampering. No person shall tamper with, injure, deface, destroy or remove any sign, notice, marker, fire- alarm, fire-plug, topographical survey monument or any other personal property erected or placed by the village. (2) Obstructing oassagewave. No person shall place or erecC upon public way or passageway to any building an obstruction of any type; provided that this subsection shall not prevent the duly authorized or required placing of temporary barriers or warning signs for the purpose of safeguarding the public; and providing further that ewale markers may. be placed at the edge of swale areas to protect the edges of lawns from being driven an by passing vehicles, with the ewale markers to be round button cement markers with anchor rode attached, not to exceed 12 inches in diameter and 4 inches 1n height. (Ord. No. 218-70, Sec. 3) • Supp. No. 2 -126- (3) No person shall move, disturb, or take any earth, stone or other material from any public street, alley, park or other public ground, (Ord, No. 121-65, Sec. 6; Ord. No. 7..48-67) Sec 24-60, PUBLIC AND PRIVATE PROPERTY---(1) In.iurv or removal. No person shall willfully, maliciously, wantonly, negligently or other- wise injure, deface, destroy or remove real property or improvements thereto, or moveable or personal property, belonging to the village or to any person in the village. (2) Scatterine rubbish. No person shall throw or permit to be deposited or scattered upon any sidewalk, alley, street, bridge, or public passageway, or upon any private property, any waste or other material of any kind, (3) Posting notices. No person shall fasten in any way arty show-card, poster or other advertising device upon public or private property in the village unless legally authorized to do so, (Ord. No. 121-65, Sec. 6) No person shall abandon any refrigerator, ice box, home freezer or other such device without having either removed the door, the lock or the catch or made the same inoperative in such a fashion as to make closing of its door impossible. (Ord. No. 121-65, Sec. 13) l• Sec 24-62 SMOKE DUST ODORS, LIQUIDS, ETC.---No owner or occupant ~- , of any building, structure, or premises in the village shall cause, allow or permit any smoke, dust, steam, odors, fumes, liquids or other obnoxious matters of things to emanate therefrom over and upon any public street or sidewalk in the village, unless the same shall be so deflected or bona fide attempts made to deflect same away from persons using such streets or sidewalks so as not to annoy, vex, irk or bother persons in the use thereof; provided, however, that water from sprinkling lawns and other vegetative matter may emanate from private property over and upon sidewalks in the village except from 7:00 a.m. to 8:30 a.m, and £ram 1:30 p.m. to 4:00 p.m. during days when the public or parochial schools of Palm Beach County are in session. (Ord. No. 121-65, Sec, 11; Ord. No. 126-65, Sec. 1) Sec 24-63 SOLICITATION OF DRINKS---(1) No female person shall frequent or loiter in any tavern, cabaret, or night club, with the purpose of soliciting men to purchase drinks. (2) Na proprietor or operator of any such establishment shall allow the presence in such establishment of any woman who violates the provisions of this Section. (Ord. No. 121-65, Sec. 7) • -127- Sec. 24-64. STATE MISDEMEANORS ADOPTED---No person shall commit within the corporate limits of the village any act which is or shall be recog- nized by the laws of the State of Florida as a misdemeanor, and the com- mission of such acts is hereby forbidden. (Ord. No. 192-69, Sec. 1; Ord. No. 213-70, Sac. 1; Ord. No. 11-71, Sec. 1) Sec. 24-65. STENCH BOMBS---(1) Throwing or depositing. No person shall throw, drop, pour, deposit or discharge, upon the person or property of another any liquid gaseous or solid substance which is injurious to per- son or property, or which is nauseous, sickening, irritating or offensive to any of the senses with the intent to wrongfully injure, molest, dis- comfort, discommode or coerce another in the use, management, conduct or control of his person or property. No person shall attempt, or aid in the attempt or commission of any of these prohibited acts. (2) Possession Prohibited. No person shall manufacture or prepare or have in his possession or under his control, any liquid, gaseous or solid substance or matter of any kind which is injurious to person or property, or which is nauseous, sickening, irritating or offensive to any of the senses, with the intent to use the same in violation of section (1) or with intent that the same shall be used in violation of sub-section(1). ~- The possession or control by any person of any such liquid, gaseous or solid substance or matter shall be deemed prima facie evidence of intent to use the same or cause the same to be used in vitiation of sub-section(1). (3) Excepted Uses. The prohibitions of sub-sections (1) and (2) • shall not apply to police officers acting in line of duty or to proprietors of business places or their employees using such substances for the pro- tection of their property and their business places when the substances ~--y'' referred to herein are kept solely for the purpose of repelling robbers, thieves, murderers or other law violators. (Ord. No. 121-65, Sec. 5) Sec. 24-66. THROWING MISSILES---No person shall throw any stone or any other missile upon or at any vehicle, building, tree, or other public or private property, or upon or at any person in any public or private way or place or enclosed or unenclosed ground. (Ord. No. 121-65, Sec. 4) Sec. 24-67. TOPLESS COSTUMES---(1) No female person over the age of twelve years shall appear in any public place or private place where the public is invited or any place open to the public view in a topless costume. (2) No person shall knowingly employ or permit a female person who is wearing a topless costume within the confines of any premises which he controls and to which the public is invited or is open to public view. (Ord. No. 140-67, Sec. 1, 2) Sec. 24-68. TRANSVESTISM---No person shall appear in public in the dress of the opposite sex. (Ord. No. 121-65, Sec. 7) I ~ Jl Supp. No, 3 -128- Sec. 24-69. VAGRANCY---No person shall have the status or condition of a"vagrant." (Ord. No. 121-65, Sec. 3) Sec 2 -70 VEHICLES UNLAWFUL PARKING---No person shall leave any truck, trailer, boat, or any vehicle of a similar type parked upon any public street or highway within the village between the hours of 12:30 A.M: and 6:00 A.M. (Ord. No. 21, Sec. 1) Sec 24-71. VULGAR LANGUAGE---No person shall use vulgar,~profane, or indecent language on any public street or other public place or in any public dance hall, club dance, skating rink, or place o£ business open to public patronage. (Ord. No. 121-65, Sec. 7) Sec 24-72 WEAPONS---POSSESSION---(1) No person shall have i.n his possession, except within his own domicile, or carry or use, a revolver or pistol of any description, shotgun, or rifle which may be used for the explosion of cartridges, or any air-gun, "B-B gun°, gas-operated gun or spring-gun, or any instrument, toy or weapon commonly known as a "peashooter", "slingshot° or "beany" or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above or by any other name. (Ord. No. 121-65, Sec. 4) (2) This section shall not apply to licensed shooting galleries • or in private grounds or premises under circumstances when such instru- ment can be fired, dlacharged or operated in such a manner as not to endanger persons or property, and also in such manner as to prevent . `"' the projectile from traversing any grounds or apace outside the limits of such gallery, grounds or residence; and further provided, that nothing herein contained shall be construed to prevent the concealed carrying of any type of gun whatsoever when unloaded and properly cased, to or from arty range or gallery or to or from an area where hunting is allowed by law. (Ord. No. 121-65, Sec. 4). e.... ~i_n~ SpME__~AppyING CONCEALED WEAPONS---(1) No person shall wear under hie clothes, or conceal about his person, or display in s threatening manner, any dangerous or deadly weapon including, but not by way of limitations, any pistol, revolver, sling shot, cross-knuckles, or knuckles of'lead, brava, or other metal, or any bowie knife, or any knife resembling a bowie knife, or any knife with a switch-blade or device whereby the blade or blades can be opened by a flick of a but- ton, pressure on the handle, or other mechanical contrivance. (2) Thia section shall not be construed to forbid United States marshals, sheriffs, constables, and their deputies, and any regular, special, or ex-officio police officer, or any other law' enforcement officer from carrying or wearing, while on duty, such weapons as shall be necessary in the proper discharge of their duties. (Ord. No. 121-65, Sec. 4) • -129- Sec. 24-74. SAME---SALE OF---(1) Sale of Switchblade Knives Prohibited. l No person shall sel'1, offer for sale, or display any nife or knives hav- ing the appearance of a pocket knife, the blade or blades of which can be opened by a flick of a button, pressure on the handle, or other mechanical devices. Such knife is hereby declared to be a dangerous or deadly weapon within-the meaning of Section 24-72, and shall be subject to forfeiture to the village as provided in this Chapter. (Ord. No. 121-65, Sec. 4) (2) Display and Sale of Specified Weapons. No pawnbroker, second- hand dealer or other person engaged in business in the village shall display or place on exhibition in any show window or other window facing any street, any pistol, revolver, or other firearm, with barrel less than twelve inches in length, or any brass or metal knuckles, or any club loaded with lead or other weight, or any blackjack or billyclub. (3) Sales to Intoxicated Persons and Minors. No person shall purchase from, or sell, loan, or furnish any weapon in which any explosive substance can be used, to any person under the influence of alcohol or any narcotic drug, stimulant, or depressant, or to any person in a con- dition of agitation and excitability, or to a minor under the age of eighteen years. (4) Record of Sales Required. Every second-hand dealer, pawn- broker, or other person engaged in the sale, rental, or exchange of any weapons described in Sections 24-72 and Subsection (2) of this Section • shall keep a record of each such weapon purchased, sold, rented or exchanged at retail.. ~, (a) Time of Recordation. The record shal'1 be made at the time of the transaction, in a book kept for that purpose, and shall include the name of the person to whom such weapon is sold or from whom such weapon is purchased; his or her age, physical description; occupation,' residence, and, if residing in a municipality, the street and number where he or she resides; the make, caliber, and finish of the firearm, together with the. number or serial letter thereof-, if any; the date of the. purchase, sale, rental, or exchange of such weapon; and the name of the employee or other person making such purchase, sale, rental, or exchange, (b) Daily reports shall be delivered to the director of public safety of every such purchase, sale, loan, or gift. The re- port shall be on forms provided by the director of public safety and shall set forth the name in full, the residence, age and physical description, and the occupation of the person to whom or from whom such; gun, pistol, firearm or other dangerous or deadly weapon has been purchased, sold, loaned or given. (Ord. No. 121-65, Sec. 4) i Sec. 24-75., SAME---FORFEITURE---DISPOSITION---(1) Every person con- victed of a violation of Sections 24-72 through 24-75 shall forfeit to the village such dangerous or deadly weapon so concealed or displayed. • (2) Every police officer, upon making any arrest and taking a Supp. No. 1 -130- • weapon used in violation of this Chapter, shall deliver the same to the village judge to be held by him until the final determination of the prosecution for such offense; and upon the finding of guilt, it shall then be the duty of said village judge to deliver said weapon forthwith to the director of public safety who shall make disposition of the weapon. (Ord. No. 121-65, Sec. 4) Sec 2 - 6. WOUNDS TREATMENT OF BY PHYSICIANS ETC.---Every phVeician or surgeon duly admitted to the practice of medicine or surgery in the State of Florida, whenever he shall treat any person in the village for a wound inflicted by a dangerous or deadly weapon of any kind, shall notify the Village Department of Public Safety within one hour o£ the time when he renders such professional service, or is called upon to render the same. (Ord. No. 121-65, Sec. 4) Sec 24 77 WINDOW PEEPING---No person shall look, peer, or peep into, or be found loitering around or within view o£, any window not on his own property with intent of watching or looking through said window. (Ord. No. 121-65, Sec. 7) • Chapter 25 PARKS AND PLAYGROUNDS Art. I In General, Secs. 25-1---25-15 Art. II Permits for Use, Secs. 25-16---25-28 Art. III Offenses, Sec. 25-29---25-36 Art. I IN GENERAL Sec. 25-1. USE BY RESIDENTS AND GUESTS ONLY---The use of the public parks and recreation facilities of the village shall be limited to residents and invited guests of residents of the village. (Ord. No. 201-69, Sec. 2) Sec. 25-2. RESPONSIBILITY FOR ENFORCEMENT OF PROVISIONS---The recreation director, park attendants and police officers shall, in connection with their duties imposed by law, diligently enforce the provisions of this Chapter. (Ord. No. 201-69, Sec. 2) • Sec. 25-3. EJECTMENT OF VIOLATORS---The recreation director, park attendants and police officers shall have the authority to eject from any park in the village any person acting in violation of this Chapter. (Ord. No, 201-69, Sec. 3) Sec. 25-4, CONFISCATION OF PROPERTY USED TO VIOLATE PROVISIONS---The recreation director., park attendants and police officers shall have the authority to seize and confiscate any property, thing or device in any village park used in violation of this Chapter. (Ord: No. 201-69, Sec. 4) Sec. 25-5---2.5-1.5, RESERVED. Art. II PERMITS FOR USE Sec. 25-16. PERMIT REQUIRED---If a meeting, gathering or other assemblage for a common purpose, cause, activity or reason, in any park or recreation area, will involve an attendance of over ten persons and is not a part of a scheduled program or activity either sponsored or officially recognized by the village, or participation or attendance in a sports event at an appropriately designated park area, the person responsible for or.in charge of such meeting or gathering shall obtain a permit from the • Supp. No. 3 -131.1- recreation director before participating or engaging in such activity in a park area. (Ord. No. 201-69, Sec. 5) Sec. 25-17. FORM OF PERMIT---The permit required by Section 25-16 shall be in such form as may be established by the recreation director. (Ord. No. 201-69, Sec. 6) Sec. 25-18. APPLICATION---An application for a permit required by Section 25-16 shall contain the following items: (1) The name and address of the applicant. (2) The name and address of the person, corporation, or association sponsoring the activity, if any. (3) The day and hours for which the permit is desired. (4) The park or portion thereof for which such permit is desired. (5) An estimate of the anticipated attendance. (6) Any other information which the recreation director shall find reasonably necessary to a fair determination as to whether a permit should be issued. (Ord. No. 201-69, Sec. 7) • ( th ~ , e Sec. 25-19. STANDARDS FOR ISSUANCE---The recreation director or , village manager shall issue a permit hereunder when he finds: (1) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park. (2) That the proposed activity or use will not unreasonably inter- fere with or detract from the promotion of public health, welfare, safety and recreation.. (3) That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct. (4) That the proposed activity will not entail unusual, extra- ordinary or burdensome expense or police operation by the village. (5) That the facilities desired have not been reserved for other use at the day and hour required in the application. (Ord. No. 201-69, Sec. 8) i Sec. 25-20. APPEAL FROM REFUSAL TO ISSUE---(1) Within five days after receipt of an application, the recreation director or village manager • shall apprise an applicant in writing of his reasons for refusing a permit. Supp. No. 1 -131.2- • (2) Any aggrieved persons shall have the right to appeal in writing within five days to the village council, which shall consider the application under the standards set forth in Section 25-19 and sustain or overrule the recreation director's or village manager's decision within seven days. (3) The decision of the village council shall be final. (Ord. No. 201-69, Sec. 9) Sec. 25-21. PERMITTEE---BOUND BY RULES AND REGULATIONS---A permittee shall be bound by all park rules and regulations and all applicable ordinances and provisions of this Code as fully as though the same were set out at length in the permit. (Ord. No. 201-69, Sec. 10) Sec. 25-22. SAME---LIABILITY FOR LOSS OR INJURY---The person to whom a permit is issued shall be liable for any loss, damage or injury sus- tained by any person whatever by reason of the negligence of the persoq to whom such permit shall have been issued. (Ord. No. 201-69, Sec. 11) Sec. 25-23. REVOCATION OF PERMIT---The recreation director may revoke a permit upon a finding of a violation of any rule, ordinances or provision of this Code, or upon good cause shown. (Ord. No. 201-69, Sec. 12) ~ Sec. 25-24---25-28. RESERVED. Art. III OFFENSES Sec. 25-29. FAILURE TO COOPERATE IN KEEPING RESTROOMS NEAT OR SANITARY--- No person shall fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. (Ord. No. 201-69, Sec. 13) Sec. 25-30. DEFACING OR REMOVING IMPROVEMENTS OR EQUIPMENT---No person shall wilfully mark, deface, disfigure, injure, tamper with, or displace or remove, any buildings, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts of appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal. (Ord. No. 201-69, Sec. 14) • Sec. 25-31. REMOVING NATURAL RESOURCES, EXCAVATIONS---No person shall dig or remove any beach sand, whether submerged or not, or any soil, Supp. No. L -13L:3- rock, stones, trees, shrubs or plants, down-timber or other wood or materials or make any excavation by tool, equipment, blasting or other means or agency. (Ord. No. 201-69, Sec. 15) Sec. 25-32. ERECTING BUILDINGS OR STRUCTURES---No person shall construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across, any public parks or recreational facilities except on special written permit issued hereunder. (Ord. No. 201-69, Sec. 16) Sec. 25-33. INJURING TREES, ETC.---(1) No person shall damage, cut, carve, transplant, or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant. (2) No person shall attach any rope, wire or other contrivance to any tree or plant. (3) No person shall dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area. (Ord. No. 201-69, Sec. 17) Sec. 25-34. CLIMBING TREES, ETC.--::=No person shall climb any tree or walk, stand or sit upon monuments, Vases, fountains, railings, fences, • or guncarriages, or upon any other property not designated or custom- arily used for such purposes. (Ord. No. 201-69, Sec. 18) l ~` AmendmenC note---Ordinance No. 201-69, from which Chapter 25 was derived, did not specifically amend the Code but has been codified as such in the discretion of the Editors. Sec. 25-35. TRAFFIC---No person in any park in the Village of North Palm Beach or at the North Palm Beach Country Club sh;ll: (1) State Motor Vehicle Laws Apply. Fail to comply with all applicable provisions of the state motor vehicles traffic laws in regard to equipment and operation of vehicles together with such regulations as are contained in this Code. (2) Enforcement of Traffic ReEUlations. 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 Safety. (3) Obey Traffic_ Signs. Fail to observe carefully all traffic • signs, indicating speed, direction, caution, stopping, or parkins, and all others posted for proper control and to safeguard life and property. Supp. No. 3 -131.4- (4) Speed of Vehicles. Ride or drive a vehicle at a rate of speed ® exceeding five (5) miles per hour, except upon such roads as the Director of Public Safety may designate, by posted signs, for speedier travel. (5) Operation Confined to Roads. Drive any vehicle on any area except the paved park roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas by the Director of Public Safety. (6) Designated Parking Areas. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions there at and with the instructions of any attendant who may be present. (Ord. No. 8-71, Sec. 1) Sec. 25-36. BICYCLES---No person in any park in the Village of North Palm Beach or at the North Palm Beach Country Club shall: (1) Prohibited in certain areas. Ride a bicycle in any area where signs have been erected by order of the Director of Public Safety specifically prohibiting bicycles being ridden in that area. Wherever convenient bicycles should be ridden on paved vehicular roads or paths designated for that purpose. (2) Operation. Bicyclists shall at all times operate their machines • with reasonable regard to the safety of others, signal all turns, pass to the right of any vehicle they are overtaking, and pass to the right \ of any vehicles they may be meeting. (Ord. No. 8-71, Sec. 1) • Supp. No. 3 -131.5- Chapter 26 • PENSIONS AND RETIREMENT SYSTEMS Art. I In General, SS 26-1---26-10. Art. II Social Security for Village Employees, SS 26-11---26-23 Art. III Pension and Long-term Disability Income for Employees, SS 26-24---26-35. Art. IV Firemen's Relief and Pension Fund, SS 26-36---26-45. Art. V Policemen's Relief and Pension Fund, SS 26-49---26-56. Art. I IN GENERAL Sec. 26-1---26-10 RESERVED. Art II SOCIAL SECURITY FOR VILLAGE EMPLOYEES ~.J State law reference---Social security for public employees, ch. 650, Florida Statutes. Sec. 26-11. DECLARATION OF POLICY---It is hereby declared to be the policy and purpose of the village to extend effective as of October 1, 1956 to the employees and officials thereof, not excluded by law, nor excepted herein, the benefits of the system of Old Age and Survivors Insurance as authorized by the Federal Social Security Act and amend- ments thereto, and by Chapter 650, Florida Statutes, as amended; and to cover by such plan all services which constitute employment as de- fined in Section 650.02, Florida Statutes, performed in the employ of the village by employees and officials thereof, except elected officials and except part time employees. (Ord. No. 9, Sec. 1) Sec. 26-12. EXCLUSIONS FROM COVERAGE---There is hereby excluded from this article any authority to include in any agreement entered into under Section 26-13 of this article any service, position, employee, or official now# covered by or eligible to be covered by an existing retirement system. (Ord. No. 9, Sec. 2) Editor's note---Ordinance No. 9 from which the above section was derived, was enacted on final reading on February 11, 1957 C~ Sec 26-13. AGREEMENT WITH STATE AGENCY---The mayor is hereby -132- authorized and directed to execute all necessary agreements and amend- ments thereto with the Florida Industrial Commission, as state agency, • for the purpose of extending the benefits provided by said system of Old Age and Survivors Insurance to the employees and officials of the village as provided in Section 26-11, which agreement shall provide for such methods of administration of the plan by the village as are found by the state agency to be necessary and proper, and shall be effective with re- spect to services in employment covered by such agreement performed on and after the First day of October, A.D. 1956. (Ord. No. 9, Sec. 3) Sec 26-14 WITHHOLDING FROM WAGES---Withholdings from salaries, wages, or other compensation of employees and officials for the purpose provided in Section 26-11 are hereby authorized to be made, and shall be made, in the amounts and at such times as may be required by applicable state or Federal laws or regulations, and shall be paid over tb.the state agency designated by law or regulations to receive such amounts. (Ord. No. 9, Sec. 4) Editor's note---The "state agency" referred to in the above section is the Florida Industrial Commission. Sec 26-15 APPROPRIATIONS BY VILLAGE---There shall be appropriated from available funds, derived from the general fund, such amounts, at such times, as may be required to pay promptly the contributions and assess- ments required of the village as employer by applicable state or federal laws or regulations, which shall be paid over to the lawfully designated State aQency at the times and in the manner provided by law and regula- tion. (Grd. No. 9, Sec. 5) Editors note---The "state agency" referred to in the above section is the Florida Industrial Commission. Sec. 26-16. RECORDS AND REPORTS---The village shall keep such records and make such reports as may be required by applicable state or federal laws or regulations, and shall adhere to the regulations of the state agency. (Ord. No. 9, Sec. 6) Editors note---The "state agency" referred to in the above section is the Florida Industrial Commission. • is hereby designated the custodi sation o£ officers and employees contribution o£ the village. RTING AGENT---(1) The village treasurer n of all sums withheld from the compen- and of the appropriated funds for the (2) The village clerk is hereby made the withholding and re- porting agent and charged with the duty of maintaining personnel records for the purpose of this Article. (Ord. No. 9, Sec. 8) - 133 - Sec. 26-18. SOCIAL SECURITY ACT ADOPTED---The village does hereby • adopt the terms, Conditions, requirements, reservations, benefits, privileges, and other conditions thereunto appertaining, of Title II of the Social Security Act as amended, for and on behalf of all offi- cers and employees of its departments and agencies to be covered under the agreement. Federal law referent<;---Title II of the Social Security Act is found ir. the United States Code (and United States Code Annotated), Title 42, SS 401---425. Sec. 26-19---26-23. RESERVED, Art. III PENSION AND LONG-TERM DISABILITY INCOME FOR EMPLOYEES Sec. 26-24. AUTHORIZED---Pursuant to Chapter 167-421, Florida Statutes, the mayor and the village clerk be, and they are hereby, authorized to enter into an agreement with Aetna Life Insurance Company on behalf of the village to provide group annuity insurance for pensions and long- term disability income for the employees and officers o£ the village according to the standard, nor.-contributory, deferred annuity contract plan of the Aetna Life Insurance Company. (Ord. No. 158-67, S 1) Editors note---A copy of the contract plan referred to in Section 26-24 is attached to Ordinance No. 158-67 and in- corporates the provisions set forth in the following sections d, of this Article. Sec. 26-25. PURPOSE---It is the declared purpose and intent of this Article to make available upon a voluntary participation basis to the employees and officers of the village the economic protection and bene- fits of group insurance not available to each employee as an individual and to aid the village in obtaining and holding competent, skilled and experienced employees and officers. (Ord. No. 158-67, S 10) Sec. 26-26. PENSION PLAN---WFIO IS ELIGIBLE---All full-time employees and officers o£ the village, except policemen and firemen (who are covered under separate pension plans under other Florida Statutes) shall be eli- gible to participate in the village pension plan upon condition that they have attained the age o£ thirty years and have completed two years of service, or have completed five years of service prior to attaining age thirty years, (Ord. No, 158-67, S 2) Sec. 26-27. SAME---VILLAGE TO PAY ENTIRE COST---The village shall pay the entire cost o£ the insurance premiums for the pension plan. (Ord. No. 158-67, S 3) • -134- ~~ Sec. 28-28. SAME---BENEFITS DERIVED---(1) The benefits to be derived from the pension plan is a guaranteed yearly retirement annuity equal to one and one-half percent of the employee's or officer's earnings, multiplied times the eligible years of service with the village beginning September 1, 1967. (2) In addition, those employees and officers who have served the village prior to September 1, 1967 shall have one and one-half percent of their current rate of earnings credited for all full years of completed service, less the first two years of service; provided, however, that the maximum number of years credited for peat service before September 1, 1987 shall be four years. (Ord. No. 158-87, § 4) .Editor's note---Ordinance No. 158-87 from which the above section was derived, was enacted on final reading on September 28, 1967. Sec. 26-29. BENEFITS VESTED IN EMPLOYEE AFTER CERTAIN YEARS--- Retirement benefits in the Village Pension Plan shall become fifty percent vested after an employee or officer has accumulated five years of service with the Village, and said retirement benefits shall become seventy-five percent vested after an employee or officer has accumulated seven years of service with the • Village, and said retirement benefits shall become one hundred percent vested after an employee or officer has accumulated nine years of service with the ~ Village. (Ord. No. 1-74, § 1) •~,. Sec. 26-30. LONG-TERM DISABILITY INCOME PLAN---WHO IS ELIGIBLE--- All full-time employees and officers of the village, including policemen and firemen, shall be eligible to participate in a long-term disability income plan. (Ord. No. 158-67, § 8) Sec. 26-31. SAME---PARTICIPATION VOLUNTARY---Participation in the long- term disability income plan by any officer or employee is entirely voluntary at all times and any employee or officer may appoint any pay day to withdraw or retire from such group insurance plan upon giving the village written notice thereof and directing the village to discontinue deducting premium amounts from hie wages. (Ord. No. 158-67, § 8) Sec. 26-32. SAME---PAYMENT OF PREMIUMS---Each employee and officer who desires to voluntarily participate in the long-term disability income program shall participate in the coat of such program to the extent of one per cent of hie earnings and the village shall participate in the remaining coat of premiums. • (Ord. No. 158-87, § 6) REV . 8/30/74 -135- Sec. 26-33. SAME---BENEFITS---(1) The benefit to be derived from the long- term disability income program entitles the participant to receive a sum of money equal to 80$ of the first $400.00 of his monthly earnings and 80$ of his earnings in excess of that, all of which shall be coordinated with Social Security; Workmen's Compensation and other employer-sponsored' plane. Individual long-term disability income policies owned by a participant will not affect the plan's benefit payments. (Ord. No. 158-87, § 7) I• ~~ • REV . 8/30/74 -135.1- (2) The benefit period £or long-term disability income partici- pants shall be for a minimum of one year or a period equal to the number of months the employee has worked for the village, but not beyond age sixty-five. Benefits will become payable after the participating em- ployee or officer has been disabled for one month. (Ord. No, 158-67, S 8) (3). The long-term disability income program will be effective regardless of whether tho employee or officer becomes disabled on or off the job, either through sickness or accident. (Ord. No. 158-67, S 9) Sec 26-34.---26-35. RESERVED. Art. IV FIREMEN~S RELIEF AND PENSION FUND State law reference---Municipal firemen~s pension trust fund, ch. 175, Florida Statutes. Sec. 26-36. ESTABLISHED---A retirement system for the firemen of the village is hereby established. (Ord. No. 170-68, S 1) • Sec 26-37 REFERENCE TO GROUP ANNUITY CONTRACT---The retirement system referred to in Section 26-36 shall be operated in accordance with Group Annuity Contract No. GA-2368 issued by Aetna Life Insurance Company to the village. Said contract and the terms thereof are hereby made a part of this Article by reference thereto. (Ord. No, liJ-68, S 2) Editors note---A copy of Aetna Life Insurance Company Group Annuity Contract No. GA-2368 referred to in Section 26-37 is attached to Ordinance No. 170-68: Sec 26-38 REFERENCE TO FLORIDA STATUTES---Except as they conflict with the terms set forth in Aetna Life Insurance Company Group Annuity Contract No. GA-2368, the provisions o£ Chapter 175, .Florida Statutes, are hereby incorporated and made a part of the retirement system for the firemen of the village. (Ord. No, 170-68, S 3) Sec 26-39 BOARD OF TRUSTEES---CREATED---A board of trustees of the firemen~s relief and pension fund is hereby created. (Res. No. 293- 1967, S 1) Sec 26-40. SAME---COMPOSITION---The board of trustees shall consist o£ the mayor, the chief of the fire department, two members of the fire • department to be chosen by motion of the village council upon the -136- recommendation of a majority of the members of the fire department, and a citizen of the village. (Res. No. 293-1967, S 2) Sec 26-41 SAME---POWERS AND DUTIES---The powers and duties of the board of trustees shall be as set forth in Chapter 175, Florida Statutes. (Res. No. 293-1967, S 3) Sec 26- 2 DEPOSITORY---DESIGNATION• DEPOSIT OF FUNDS IN---All funds of the firemen's relief and pension fund shall be deposited in a bank to be designated from time to time by the village council in an account entitled "Firemen's Pension Fund." (Res. No. 293-1967, S 4) Sec 26-43. SAME---WITHDRAWALS---All withdrawals from the account pro- vided in Section 26-L,2 shall be signed by the village treasurer and countersigned by the mayor. (Res. No. 293-1967, S 5) Sec. 26-l,1,.---26-48. RESERVED. Art. V POLICEMEN'S RELIF~F AND PENSION FUND State law reference---Municipal police officer's retirement • trust fund, ch. 185, Florida Statutes. Sec 26-49. ESTABLISHED---A retirement system for the policemen of the village is hereby established. (Ord. No. 170-68, S 1) Sec 26-50 REFERENCE TO GROUP ANNUITY CONTRACT---The retirement system referred to in Section 26-49 shall be operated in accordance with Group Annuity Contract No. GA-2368 issued by Aetna Life Insurance Company to the village. Said contract and the terms thereof are hereby made a part of this Article by reference thereto. (Ord. No. 170-68, S 2) Editor's note---A copy of Aetna Life Insurance Company Group Annuity Contract No. GA-2368 referred to in Section 26-50 is attached to Ordinance No. 170-68. Sec 26-51 REFERENCE TO FLORIDA STATUTES---Except as they conflict with the terms set forth in Aetna Life Insurance Company Group Annuity Contract No. GA-2368, the provisions o£ Chapter 185, Florida Statutes, are hereby incorporated and made a part of the retirement system for the policeman of the village. (Ord. No. 170-68, S 3) • Sec 26-52 BOARD OF '.?'f~USTEES---CREATED---A board of trustees of the -137- policemen's relief and pension fund is hereby created. (Res. No. 294, S 1) Sec. 26-53. SAME---COMPOSITION---The board of trustees shall consist of the mayor, chief of the police department, two members of the police de- partment to be chosen by motion of the village council upon the recommenda- tion of a majority of the members of the police department, and a citizen o£ the village. (Res. No. 294-1967, S 2) Sec. 26-54. SAME---POWERS AND DUTIES---The powers and duties of the board of trustees shall be as set forth in Chapter 185, Florida Statutues. (Res. No. 294-1967, S 3) Sec. 26-55. DEPOSITORY---DESIGNATION: DEPOSIT OF FUNDS IN---All funds of the policemen's relief and pension fund shall be deposited in a bank to be designated from time to time by the village council in an account en- titled "Policemen's Pension Fund." (Res. No. 294-1967, S 4) Sec. 26-56. SAME---WITHDRAWALS---A11 withdrawals from the account provided in Section 26-55 shall be signed by the village treasurer and counter- signed by the mayor. (Res. No. 294-1967, S 5) C] • -138- (b) The sum of two {$2.00) dollars for each and every fixture roughed in, either in new or reconstructed or additional plumbing work. (c) Two ($2.00) dollars Tor each and every sewer connection either in new or reconstructed or additional plumbing.work. (d) Two ($2..00) dollars for each and every grease trap installed,either in new or reconstructed or additional plumbing work.. ... ... (e) The sum cf three ($3.00) dollars for each repiping installation up to ten fixtures and twenty (20 cents) cents for each additional fixture. (f) The sum of one ($1.00) dollar for each and. every water connection to or outlets for an appliance or installation not covered. by fixture permit. . (g) The sum of three ($3:OOj dollars for each and.every supply or drainage well up to and including two (2") inch in diameter. and: four {$4.00) dollars for each.aupply or drainage well over. two (2'!) inches in .diameter. (h) The sum of three ($3.00) dollars for.each.and every solar, water heater complete, including heating unit and storage tank:. geplacement.of.. . heating unit three ($3.00) dollars, replacement of storage tank three ($3.00) dollars . (i) The sum of four ($4 , 00) dollars .for each :reinapection: made. due'ao. . condemnation of.work, or.due to the.fact'that„work was .not :ready at the. time ... . . specified in the application for inspection; or for failure to call for final orrother inspection.. (j) The sum-.of two ($2.00) dollars for each raof.drain.._. ... (k) The sum of three ($3.00) dollars for. each.gas.piping system of.l to • 5 outlets and twenty (20) cents for each additional outlet.... . . (1) -The sewer connection fees shall be as are-from time to time prescribed by the Village, (2) Building sewers and water service pipes shall.connect.to-.the public sewer and water main at a point designated by the proper muni- cipal authority. - (1) A fee, double the regular fee shall be charged-for every job started without a permit. (m) Annual Industrial Permits: Upon.written.requeat.to the plumbing inspector, any industrial plant shall be issued an.annnal permit.for plumbing. .work, installation, maintenance and equipment.rearrangemenb covering sewers, fixtures,. and piping irx or on the premises owned or occupied. by the holder as described in the permit, but to be issued subject toahe:following conditions:... (1) The payment of an annual fee of one hundred F$10.0.00) .dollars for each calendar year, and monthly fees computed according to the fee schedule above. (2) The regular employment of one or: more full time.plumbere ...... . competent in the safe installation, extension, maintenance and repair of industrial plumbing systems and equipment... (3) The unrestricted right of •the Plumbing Snepector. to check the premises of the permit. holder at a reasonable time; unless prohibited by government regulations. ,~ Sapp. No. 4 -139.1- \~ Chapter 28 PIdII~1BING Art. I In General, §§ 28-1--28-10 Art. II Plumbing Code, §§ 28-11---28-17 0 Art. I IN GE[~RAL Sec. 28-1--28-10. RESERVED. Art. II PLiP7BING CODE • Sec. 28-11. ADOPTED BY REFEEtII~CF:--Under the auttnrity of Section 165.191, F on Statutes, e Vi ge o North Palm Beach hereby adopts by reference thereto the Southern Standard Plumbing Code, 1973 Edition, including Appe~ix A thereto, as the plumbing Dods for the village. There has been for at least ten days last past and shall be during the time that this erode is in effect, three copies of such code kept available for public use, inspection and examination. (Ord. No. 14-73, § 1) Sec. 28-12. AMEPIDMENPS, OORRFS.'PIONS AAID ADDPPIONS---The following ~nenc3nents, correcticros, a itions to sai C e are r made and adopted; said amendments, crorrections and additions being set forth herein with reference to and prefaced by the Section number and title of said Code, as follo.~s: 104.1 N7FgTI REQUII~D Change to read as follows: No person, firm or corporation shall connect any plumbing work with any sewers, sanitary or storm, septic tanks or sewage disposal of any kind, or private connection or install fixtures or appliances in new or existing systems, structures or premises, or repair, or add to any existing plumbing without first applying for and obtaining a separate plumbing permit therefor fran the Plumbing Official. SECPICN 106 FEES Delete existing Section 106.3 and rewrite as folloYus: 106.3 SCFIEDULE OF PERMIT FEES (a) A mininnan of three ($3.00) dollars for any one perntit issued. REV 12/31/73 -139- ' (9) The perfornanoe of all work shall early with the applicable provisions of this chapter. (5) The annual industrial permit shall ewer the original ~nnection add any rearranganent of machine and other industrial equiFment including extension of plumbing systems rerniired therefor and inspection fees therefar. (n) The sun of three ($3.00) dollars per $1,000 contract price or portion thereof for each irrigation sprinkler systen. (o) The sum of three ($3.00) dollars per thousand far every steam boiler, hat water boiler, or air arnpressar. (p) The sum of three ($3.00) dollars per thousand for all process piping not covered by other fixture permits. 107.2 DKyP]FICATION Change tD read as follows: (a) Advance Notice: It shall be the duty of the permit holder to give reasonable advance Mice to the Plumbing Official when plumbing work is ready far test or inspection (b) Permit Holder Responsibility: It shall be the duty of the permit • holder to make sure that the work will stand the test prescribed before giving the above notice. `"""` (c) Retesting: If the Plunbing Official firms that the work will not pass the test, the permit holder shall be requirEZl to m~Dce necessary oorrecti.ons and the work shall then be resutmitted for inspection. 107.3 hP~'T'F'RTAT. p~ IABOR FOR TESL i Charxle to read as follows: The equignent, material, power an:l labor necessary for the inspection and test shall be furnished by the permit holder. 107.5 N~1RiODS OF TESPING DRAINAGE AND VENT' SY~TII~YS Change subsection (c) to read as follows: (c) Final Test. The final test of the oa~leted drainage and vent system shall be tiisual and in sufficient detail to ;n~,~ that the provisions of this Code have been ocmplied with, provided however', that for cause it may be required to subject the plumbing to either a smoke or p~ ~**"'-nt test. Where smoke test is preferred, it shall be made by filling all traps with water and then introducing into the entire system a pungent, thick smoke produced by one ar more smke machines. When the smoke appears at stack openings on the roof, they shall be closed and a pressure equipalent to a 1-inch water coluim shall be built and maintained for 15 minutes before inspection starts, Where the peppermint test is Fseferred, 2 ounces of oil of peppermint shall be introduced for each line of stack. 107.7 TEST ~ BUII,UING SEF~R Delete entire Section. REV 12/31/73 -139.2- s I • ~~ i. SDCfICN 109 LICII95ING AND BINDING OF PLUhIDEFS Delete entire Section. See North Palm Beach Certification and Licensing Iaw. 110.1 EXCAVATIONS IN STRE~~'S Delete existing paragraphs (a) aad (b) and substitute the following: (a) A peami.t shall be required fmn the Building Department for each excavation within the public right-of~ay within the Village. Issuance of such permit requires that all work be done in caiformity with the requirements of the Village Building Departrment procedure for securing permit to work in the public right-of~way within the Village and with a~ other pxvvisions of the Village Code or Ordinances pertaining to work or excavation within public right-of-way. (b) Where such work or excavation occurs in a state or federal highway, the persons or firm applying for a pesmtit shall first obtain the permission frexn the state or federal agency having jurisdiction. 110.2 PUBLIC Pfu7I'DCTION REQUIRFME~lP Delete existing paragraphs (a) arcl (b) C[lAPI'ER II SECTION 201 BASIC PRINCIPLES Add the followirx3 Principles: Principle No. 23 -All appliances and equipment shall be accessible for service ancT reroval. Appliances and equipment installed in attics shall have a twenty-four (24") inch runway frrm access to service area of appliance or REV 12/31/73 -139.2a- equipment. An electrical outlet shall be provided for illumination. CHAPTER III DEFINITIONS Principle No. 24,- All hot wales heaters and water storage vessels installed in attics or above the first floor of a building that may cause water damage shall have pans installed under fihe e..luipment and a safe waster installed to the outside of the building or other. acceptable point of discharge. For external drain pans and emergency drain lines required under air conditioning coils, refer to the Southern Standard Building Code 302 DEFINITION OF TERMS Change, delete or add the following definitions as shown: Building Drain Change 10 fY. to 5 feet. Building Storm Drain Delete definition and rewrite as follows: A building (house) storm drain is a building drain used for conveying rain water, ^"l surface water, ground water, subsurface water, condensate, cooling water, • or other similar discharge to a building storm sewer. '- Building Storm Sewer Delete the words "combined sewer. " .. Building Trap - Delete Combined Building Sewer Delete Combination Waste and~Vent System Delete definition and substitute new definition as follows: A combination waste and vent system is a specially designed system of waste piping embodying horizontal and vertical stack wet venting of one or: more fixtures by means of a common waste and vent pige adequately. sized :to provide free movement of air in the vertical stack and above the flow line of the horizontal drain pipe. Domestic Add new definition as follows: -• In tha classification of plumbing fixtures; domestic applies-to fixtures and Supp. No. 4 -139.3- equipment i.n single family dwellings or apartment unite. and shall also extend to fixtures in private ba'rarooma of hotels and similar.installations•tyhere khe fixtures are intended for the use of a family or an individual. Durham S~stetn Delete Fr~roof Closet Delete House-Trap Delete Industrial Plant Add new deiinition as follows: "industrial plant" shall rnean prexnisea devoted to :the manufacture; assembly, or production of items to tangible personal property and equipped with machixzery and fixtures for carrying on such activity. Journeyman Plumber -~ ---- Delete • Master Plumber Delete ''~ Plumber Add new definition as follows: The term plumber is defined to mean a person who is, engaged in :the trade. or business .of plumbing, and who is qualified under the terms and provisions ' of this Code. Plurnbing Coxztractor .. Add nev/ definition "plumbing contractor" ae follows: The term !'plumbing contractor" is,defined to-mean a person,: firm.or... corporatiou engaging in the bueS.n.~sa. of,plumbing.either...by.:contract;:.fee basis, .cost plus or. otherwise. The person.%n charge:of.the plumbing:instaliation. for.said person, firm or corporation shall have.passedkhe.rnaster:plumber.'s.. . examination according to theaerma of this Code_and..possess:a:master plumber's certificate issued.hereunder that is paid. up.to.date..~.Said:person:;.:firm.or ....... . corporation shall designate by a legally notarized statement the master plumber representing them . / 1 :upp.~ No. 4 -139.A- `~ Plumber, A~?~renCice Add new definition as folly;ws: The term "apprentice plumber" is defined to mean.a.pereon who is engaged in learning the plumbing trade by working. with and under. the.superviaion.of journeyman plucnbers holding a valid certificate of competency; who shall be held reapensible for the work of such apprentices. Plumber,. Joanneyman Add new definition as follows: The term "Journeyman Plumber" is defined to mean. a.peraon..who possesses she necessary qualifica.tiona; training and technical i<.nowledge.:to install, or repair plumbing edui.pment; piping or apparatcs as covered by the terms- and provisions of this Code. Plumber, Maintenance Add new definition as follows: A person reguaax~ly employed in an industrial plant to.perform plumbing work solely on. behalf of his employer eeztd upon the premises of ,hie employer's... industrial giant under the supex-vsioxx of au.industrial plant plumbing main- tcrlanCE ti 111?Cr V19or. • ~ .Plumbing maintenance :iuperviaor ,~,,, Add new definition as follows: A person regularly employed in an industrial plant..to gerform plumbing work solely on behalf of his employer and only upon the premises. of his employer's industrial plant,. qualified by training and technical knowledge to plan, lay .. out and supervise plumbing work permitted to be done under annual industrial permits , P. lumber. ; Master Add new definition as follows: The term "Master Plumber° is defined to.mean a person who possesses the. necessary qualifications; training and .technical.knowledge to plas;.lay.out,_. and supervise the installation of plumbing.equipment,'.piping or apparatus, as covered by the terms and provisions of this Code. Private or, Private Use Delete existing definition and rewrite as follows: In the classification of plumbing fixtures; private applies.ao:fixtures in.. residences or apartments where the fixtures are intended for the use of a • family or an individual. Supp. No. 4 -139.6- Public or Fublic Use Add the following sentence: Plumbing fixtures installed in hotels; motels and rooming houses shall be classified as for public use. Sanitary Sewer Collection System Add new definition as t'ollows: A "Sanitary Sewer Collection System" receives the .discharge from buildinu sewers and may be public or private, and may be located on public or private property. Waste Arm Add ne~.v definition as follows: A "Waste Arm" is a horizontal pipe that connects from the fixture trap or traps to the soil vent or waste stack. CHAP'.I'LR IV GENERAL RF~GUI,A"'IONS 403.'L SITORT SWIsEI'S • Delete ~xfsting Section and rewrite as follows: -.,~,. Short sweeps may be used in eoi-1 and. waste lines wb.ere the change in direction of flow is from either the hori•-ontal :o the vertical or from. the.verticai to the. horizontal, and may be used for making necessary changes :in direction in the horizontal plane . 404.1 RITTINGS PROIdIBITED Delete the word "bands" in c;econd sentence. • 407.1 SUPPORT OP PIPINiA Delete existing Section and .retvriae as .i'ol.iows: Buried L~iping shad be supported throughout its entire length in such a manner as to prevent misalignment or settlement. 407.2 TUNNELIN(.; AND DRIVING; Add the Following to the end of exiutirig Section "... , or the drive pipe may be used if it has- no joints under the area being driven . " 417.1 Delete Sul;p. No. 4 -1.39.0- 417.2 SERVICE STATIONS new section to read as follows: All service stations, garages, used car lots, new car lots and like places of business that wash autarobiles, trucks, or like oquiFxnent shall have adequate drain connected to the city sewer. Automotive wash drains, under cover, shall be connected to the sanitary sewer. Area drains not under roof must be oonnected into the storm drain. Grease, oil and said interceptors shall be installed in accordance with Chapter VIII requiranents. 422.2 Add new Section to read as follows: All individual sewerage disposal systems that are being used. where public sanitary sewers are provided shall be eliminated within ten days after notification by the Plumbing Inspector. Septic tanks shall have the lids renoved and pumped clean and filled with sand. The house sewer shall connect direct to the public sanitary sewer. 427.1 CLOSET BfSIDS Delete existing Section and rewrite as follows: Closet bends shall be full bends without joints fxcan flange to waste line. All cast irron closet bends shall be full length bends without joints from ~lange to soil line. "~~ CHAPTER V QUALITY AMID WEZ(3-1T 506.1 ASBESTOS C~1P SEWFIt PIPE Delete existing Section and rewrite as follows: For uses, see Sections 601.11, 1501.5 and 1502.5. 506.2 BITUNffNIZED SENIER PIPE AND FITTINGS Delete existing Section and rewrite as follaus: For uses, see Section 1501.5 and 1502.5. 506.6 -Delete entirely. 506.7 PLASTIC PIPE AND FITTINGS FOR DRAIN 4~II.STE AND VENT Amend to read as follaas: For plumbing drainage, waste and vents, both above and belay ground, irxlirect waste and storm drains in all buildings up to and including three stories and/or thirty-six (36) feet in height. (Ord. No. 18-72, § 1) • REV 12/31/73 -139.7- 602.3A RAT PROOFING Add new Section to read as follows: All concealed lead work within a.building.ahall.be.made.rat-proof by covering with new bronze or copper screen: wire; securely soldered on. 602.6 HOT-POURED JOINTS Delete existing Section in its entirety. 603.2 CONCRETE SEWER PIPE Delete existing Section and rewrite'as follows: Joints in concrete sewer pipe or between such pipe and metal pipe shall' be made as in paragraph 602.7 and 607,.3. 605,2 WATER-SUPPLY SYSTEM Add to end of existing Section the following: "excepting dielectric unions may have composition gaskets." 607,3 WATER DISTRIBUTION S`15"I'EM Delete existiuK Section in .:•Y,;iiiitf-'t:\a :J trat''d.ard',hillmbing'Code; 1971 Edition, and rewrite as follows: • ]Drilling, tapping or ?addle fittins rnay.be. usc;d only on cast iron or cement asbestos water service pipes out~:i~e'of buildings. _,,,~ 701,1 FIXTURE TRAYS Delete existing paragraph {b) and rewrite as foilows: (b) Slip joints or couplings may be used on 'the trap inlet or within the trap seal of the trap • 702.4 DRUM TRAPS . Delete Section in its entirety. 002.1 CO114MERCIAL BUILDINGS. Delete existing Section and rewrite as follows: A grease interceptor shaiJ be installed in the vraste:ine leading.from,sinks.,. drains, or other fi.xturen'in the follo'aving establishments.:.:.reataurants, hotel "kitchens or bars, factory_cafeterias.or.-estaurants.;;clubs.;:or'other.establiah- rnents where.greaee can be introduced into :the drainage_system in•.quantities that can affect 7.ine stoppage or hinder..sewage..disposal-:When:in the opinion of the Plurnbi.ng O1`ficial a grease interceptor ie not necessary; he may waive the requirement of same. ., Supp. No. 4 -130..71- 813.'l Mll`~IMUM DIMENSJ7Iv Add to the end of the existing Section the following: The outlet opening of the separator shall have not less than an eighteen (18") inch water seal, 904.3 SECURING FIXTURES Add .the word "non-corrosive" before the word "screws. °` 908.3 TROUGH URINALS Delete existing Section in its entirety and add the following sentence: Trough urir[als of any type are prohibited. 908.4 Et~UIVALJ3NT LENGTH Delete Section ir. its entirety. 908.5 FLOOR-TYPE URINALS Delete Section in its e[xtix•ety . 900.'7 URINALS Add new 3c~lion as follow;,: • All ur..inaJ:v in tnilr.t ;-.noms in pruhlic buildings must he of the i'ollowing types: (a) Floor stall uriurl; or (b) Pedestal urinal; or ^`'r~ (c/ Wall urinal. (s,-/piton let or blew out.) with. a visible body of water and one and one-fouxtlt (]. 7./411) inch top inlet spud., Not more than one wall urinal may be ircinlied vn a horizontal waste arm; . . . length of waste arm [xot to exceed 25" fro[n verticalatack. .All.urinala must be furnished with flush valve or pirxtora or dia,hram aype.: Whc:n two wall hung., urinals are connected i.ni:o one ts~aritt:.stacl,;.khe stack. shall .be three (3!'.). inches in diameter. and the army rhaJl i>r connected. into-a double wye located ten (10") inches below the outlet of [,:xi.r.? ur:[:al. Section 911,1 SIiUWERS Delete existing Section and rewrite as follows: All shower compartments except approved shower unite or those having metal enamel receptors, or precast reo-optores, shall: have. lead; copper or other approved shower pan material. -The pan. shall turn.up on all sides at least. six (6") inches . Traps shall be so nonstructed :thatahe.pan: may.-.be. securely. fastened to the trap at the seepage.entrance making.a::watertight.joint between the pan and trap.: Pan linnra for built-inrrplace4ubs..ahallralsa.be:made of ... lead, copper or other approved material and shall extend to~a point two {'l") • Sapp. No. 4 •-1;i9.0- inches above the tub overfl^w . All lead and. copper pans where in .coni;aci with masonry materials must be protected agearst deterioration. by: completely coating with asphaltum base materials.:Thirty (303b.) pound felt paper shall be placed between base of pan and floor. 911.2 CONSTRUCTION Delete existing Section and rewrite as follows: Under the fo.Liowing conditions, shower compartments and built-in-place tubs are not required to have lead or copper pans; on tkze first floor only where the floor construction. consists of concrete; the pan. may be formed by recessing the shower floor at least four {4") inches below the rough floor: line in the case of a shower enclosure; or by recessing the floor for abuilt-in-place tub so that the tub overflow is two (2") inches. below the rough floor line: Floor recesses shall be poured monolithically with the flaor slab. TABLE 923.2 MINIMUM FACILITIES Add to end of Table the following: In offices, stores, warehouse: or shops of nobmoreahan 2,000 sq.: ft:.in.area and/or where the number of em;~loyees is 0 or less, .one (1) toilet facility shall be deemed sufficient rcl;arc.,7~r;:;> of t.e: <;ex o€ the employees, st the discretion o the Buil3in~_* C)ffiria?.. kll nx:~ACi~:ig lots or display areas where .any • employee~z are employed on the premises o °toil^t facilities must also 'be provided subjeot: !~ rnadificatioxx or reductioax by t1,e .`Su._iding Official. 7.001. ]. C:Ei4ERAL Add the following to existing Secties:z: This provision shah not apply to er_gansion; contraction or structural settle- ment damages caused by hurricanes; floods; or other Acta of God. 1CI02,4 COPPER TUBE llelete existing Section and rewrite as follows: Capper ~.i.ihes Fh.all he supported a.t etich story level. 1003.2 CAST-TRON SOIL PIPE Add to the en1 of existing Section the following: . No kxub pipe shall have supports provided on both sides of couplings. 1003.4 COPPER TUBINU Delete existing Section and rewrite as follows: Copper tubing shall be supported to prevent sagging and not to exceed 20 foot intervals. :;upp, No. 4 -i39.10- 1003.6 IN GROUND Add new paragraph {a) at end of Section to read as follawa: {a) Cast. iron soil and waste pipe installed under.a specially designed slab, required because of poor sub-soil conditions., shall be hung into the Blab at each hub or no-hub band with a '1/9" inch steel rod or equivalent. 1005 STRAINS AND STRESSES Delete 1005.1 PIPING IN COIVCRET:E llelete Section in its entirety. 1006.1 SUPPORTS Add to end of existing Section the following: Methods such as concrete ,• brick laid on mortar; or metal brackets attached to the bw.lding construction is acceptable. 110 L.2 FOOD HANDLING Delete existing Section and rewrite as follows: Establishrnente engaged in ¢he :-;tarage.; preparation; .selling; serving; pro- cessixxg, or otherwise han:llinlr :~` food sb.nll have the waste piping from all • refrigerators, ice boxt>.e r coming, a:r refrigerating coils;ateam.tables, egg. boilers; coffee urns or similar egmpmer_t P.ischarge indirectly into properly ", vented. traps Gras l receptors ;- anal khe. waste outlet shall terminate above the traps and%ar x•eceptore p-revidi.ng air gsp. 1101 . ~ l:N 1'ER,CEl?'POR Delete 1101 , 5 C.ONNEC'I'JON Delete existing Section aexil rewrite ss follows: Indirect waste connections shall: he provided'for. drains;: overflows,. or. relief vents 1'roix~ tJx~ w ter.-,;~appi.,r s~:~t,.,n or. Fir conditioxxang..urxits:. Ai.r condition- ing condensate. Grains may terminate in Rhe following methods: (1) To the atmosphere at grade. (2) Into drywalls... {3) Connection at ground..floor level: af:the storm-.drainage.system... _.. {4) Safewaste aver suitahl.e vented fixtures and receptacles• not subject to trap evaporation.. ~ - (5) - Condensate drains shall vent 40: atmosphere;..preferably at roof.... level, on multiple story. buildings:.where:two.or:more:air handling units are connected to a common condensate riser. Multiple air Supra. t~lu, .l -i;YJ.ii- handling uni"~ .cone equipment- room need not be vented. Condensate drain lines shall be insulated•to prevent dripping where such dripping could.cattae a.hazard._... (~i) Any waterrfrom air conditioning.syatem of.any_.building which wculd flow by gravity over any public property..or.adjacent .... private property shall be carried.by means:of.conductore..under the sidewalk and through the curb:to the gutter:, Provided,.... . h.otvever; that if a storm sewer or .catch..basin.is available., she. Building Official may require. the .air. conditioning system.waate water to be collected by means of a conductor to the storm sewer or catch basin. 1103.2 MAXIMUM LENGTH Delete existing Section and rewrite as follows: The maximum length an indirect waste can be installed-without a .vent. is fifteen (15' 1 feet; however ; if the length. of she indirect waste .exceeds (35.'.),. feet, a properly sized. vent shall be provided and run separately through the roof. REFER TO TABLE # 1421..2. 1105 , 3 ;;TRAINERS AND BASK.E'CS Delete Section in its entirety. 1110,2 Add new Section as follows: '~'. No pool waste water or drains on deck around pools shall disnharge-into the sanitary system. 1110.3 Add new Section 11.10.3 as follewz:: Refer to separate swimming pool ordinance. 1205.3 TROUGH TJR,INAhS Delete Secti.o:x in its entirety. 1205.7 P_iR GliI? POTABLE WATER DISCHARGE TO SEWER Add new Section as follows: There shall not be any direct connFrtion.between.potableu+uater.piping..and sewer connected wastes. :Where potabl.e.water•is elischarged•to.rthe.drainage_system it shall be by means. of an approved:air. gap.of.iwo ~(?~)-.pipe: diameters of the supply inlet, but in no case shall the gap be less-than two (2!') inches. r~ Supp, No. 4 -13a~.11.- 1205.8 POTABLE WATP ~t PIPE THROUGH CONTAMINATED VESSELS -Add new Section as follows: There shall be no potable water piping installed or maintained .within. any piping or device conveying sewage wastes or other materials hazardous- to health and safety. 1205.9 TANK INLETS Add new Section as follows: Inlets to tanks; vats, sumps and other receptors when protected by an approved vacuum breaker shall have. such device installed on the diacharge;side,of the last valve with .the critical .level. notlesa.than.eix (8'!) inches.above.:the over- flow. rim of such equipment.. Water supply inlets. not protected.by..vacuum.... . . breakers shall be installed. not lesa.ahan.two..(2) pipe diameters; but in.no'case less than two {2") inches above the overflow rim of such tank,. vat or similar equipment . 1205.10 SURGICAL, MEDICAL EQUIPMENT, ETC. Add new Section as follows: Medical, therapeutic; surgical; mortuary or imilar places shall have all .water outlets protected by approved vacuum breakers.on.the. diechargeaide ofahe... • last valves and installed not less ahan.five.and.one-.half (5 3/2!) :feet.above.the floor and at .no .time less than thirty-six (38!!) inches above any: fixture or ~,. equipment having an approval ae a.unit,: and provided the."unit4_vacuum breaker will not be subjected to back pressures under any condition. 1205.11 WATER COOLED EQUIPMENT Add new Section as follows: Water cooled compressors;,degreasers or any other.:.water cooled-equipment...... shall be protected by an. approved .vacuum. breaker installed. ahead. of.ahe.equip- went on the discharge aide of theaaet valve and.at.ieastaix.:(8!') inches- above. the. highest point reached by any water passing through or discharging from such equipment. Equipment subject to continuous flows for periods: o! more than .twelve (12) .. hours shall.be. provided with. an. approved..!'pressure.aype"~ vacuum' breaker.. . installed at. least twelve (12"):.inches above :the.highest.point reached by any water passing Through or discharging from such equipment. 1205.12 ASPIRATORS Add new Section as follows: Aspirators shall not be directly connected to aew.en.connected waete:pipe,• but • may be connected to the inlet side of a trap and shall be equipped with an Supp. No: 4 -138-.13- ~• approved vacutun breaker installed at least six (6") inches above the aspirator unit. The discharge pipe from the aspirator unit shall be designed for free flora and shall discharge through an approved air gap. The length of such discharge pipe ar tube fran the aspiratar shall at no time exceed twelve (12") inches. 1205.13 HO'iS~FtTER VACUUM BREAIdRS Add new section as follows: Vacutm breakers for hot water over 160° shall be of approved type, designed to operate at te~erattu-es of one hundred sixty (160°) degrees ar more without rendering any portion of the device inoperative. 1206.1 Change paragraph (a) to read as follows: (a) Materials for ur~dergrourri water supply system and water service pipe may be a minitmnn of Type L copper tube, brass or cast iron pressure water pipe. Appropriate approved fittings shall be used on the water supply system or water service piping. Materials used for lawn sprinkler systems may be a~ of the above, or galvanized steel pipe, plastic pipe, or any combination thereof. Change paragraph (b) by deleting "water service" in Line one (1). • 1207.2 RTP.TER-SUPPLY TANKS Add to erg of existing section the following: Gravity tanks for potable water shall be tightly covered and have not less than a sixteen (16) square inch overflaa screened with copper screen having not less than fourteen (14) nor more than eighteen (1B) opeztings per linear inch. 1211.7 H0.SE THREAD VALVES P,dd new :'action 1211.7 as follows: A hose thread valve ar bibb shall be considered as the control stop ahead of an autanatic washing machine, and an additional control valve ar hose Bibb is not required. 1211.6 MULTIPLE FAMII.Y VALVE Add new Section as follows: Each family unit shall be controlled by a separate main shut off valve or valves. 1212,1 NY~TFRTAT S Cringe paragraphs (a) and (b) to read as follows: (a) Above Grourrl -Materials for water distribution pipes acid tubing shall be brass, wppes' water tube, miniman Type M, stainless steel water tube, mininnm Grade H lead ar cast iron pressure water pipe, all to be installed • with the appropriate approved fittings. ~ tinder floar slabs (b) Under Gmurr] - Inaccessible water distribution piping shall be a minurnun Type L copper tubing, brass, lead, or cast iron pressure water pipe, all to be installed with the appropriate .approved fittings. • 1213.6 IAW PRESSURE CCTP-0FF Add after first sentence the following: In addition a vacuum valve shall be installed above the roof level on a pipe connected to the suction side of the pump. 1214.1 f87P FiP.TER DISTRIBVi'ION PIPIIIG Pdd to bcisting Section the following: (a) On hot water piping mt more than three (3) fixtures will be permitted on one-half (1/2") inch pipe. 1215.5 RELIEF OUTLET 4Z4S'PES Delete existing Section acid rewrite as follows: 1. The outlet of a pressure, tm~erature, or other relief valve shall not be connected to the drainage system as a direct waste. The pressure and tenper~ afore relief valve drain lines shall not be c~oauiected into wndensate waste lines from air conditioning equipment. The drain piping from pressure, temperature or other relief valves may be discharged as follows: (a) Solar hot water storage tanks placed above the roof may discharge upon the roof surface, as stated in (b) and (c). (b) In cases where a building covers an entire lot, or has a mechanical ~`~' equipment room, the discharge shall be to any suitable plumbing fixture or floor drain germinating above the floor level except a water closet. (c) In all other instances except those described in (a) and (b), the discharge shall be to an observable point outside a building. The terminus of all drip pipes shall be threadless, and shall be tinned dean 'with six (6") inches of ground level. 2. Pressure arxi temperature relief valve discharge lines fran more than one heater may be o~nected together withrnit increasing the size, if safe pans do mt connect into the pressure and tei~erature line, acxi the total B.T.U. input does not exceed the following: 1/2 inch drain up to 15,000 B.T.U. 3/4 inch drain up to 150,000 B.T.U. 1 inch drain up to 300,000 B.T.U. 1215.7 SAFE PANS UNDER 4~1TER HEPA~RS Delete existing Section "Heaters Over 200,000 BTU/Hr Input", and rewrite as follows: (a) All hot water heaters installed in attics or above the first floor of a building that may cause water damage shall have pans with drains installed • under the heater. (b) The drain piping from safe pans may be discharged as follows: REV 12-31-73 -139.15- • (1) To an observable point outside a building terminating with a threadless pipe turc~d down within 6" of ground level. (2) Into an indirect waste. (3) Into an air conditioning condensate drain line. (c) Where drains frun more than two (2) heater safe pans tie together in the vertical plane, the ornmion drain shall be increased one (1) size la=ger than the pan drain. Mi.nimtan size pan drain shall be 3/4" indi. 1301.3 ABOVE GR,~i]DID PIPING WITfiIN BUILDINGS AND PIPING IN RACE WAYS OR TUN[g'SS Change paragraph (a) to read as follaas: (a) Soil and waste piping for drainage systems shall be cast iron, lead, brass or nipper tube, plastic piping, or borosilicate giass. 1301.4 UPIDII2GI33[1ND PIPING WITHIN BUILDINGS Change paragraph (b) to read as follows: (b) For buil~i*+gs over six (6) stories in height the underground pipe shall be extra heavy cast iron soil pipe, lead or Type K copprs. • 1301.6 ACID SOII, WASTE PIPING Delete existing 1301.6 and rewrite as follows: ~~" Acid soil and waste piping for drainage systems shall be of a material as recamiexded by the specifying authority and approved by the manufactwrer. Fittings shall conform to the type of piping used. Acid soil and waste piping shall not be connected to the o~ventional plumbing system unless an approved acid neutralizing device has been installed. 1302.1 SEPARATE TRII~ Delete existing Section and rewrite as follaus: The building sewPS, when installed in a separate trench fran the water service pipe, shall be cast ira~ pipe or vitrified clay sewer pipe. Joints shall be watertight and root proof, and all materials shall be installed acoordixag to the manufacturer's re~¢nerrlations. Provided however, that when vitrified clay sewer pipe is used, there shall be a minimun of 18 inches of Dover in unpaved areas, and 30 Indies of cover in paved areas. (See Appendix "A") B11 pipe and fittings shall bear the manufacturer's name or trademark. 1303.3 LARC;E PIPING Delete existing Section 1303.3 and rewrite as follaas: Horizontal drainage piping larger than 3 inch diameter shall be installed with a fall of not less than 1/8 inch per foot, or as noted in Table 1305.2, or as • provided in Section 1305.8. TABLE 1304.2 FI)CR]RE UNITS PER FIX4VRE OR GROUP Additional Footnotes to Table 1304.2 REV 12/31/74 -139.16- v (a) Bathtub-To be rated as 3 fixture units only when waste airl overflow is 2 inches, not when P-trap alone is 2 inches. (b) Urinal, wall hung-Syphon jet or blovx>ut shall have fixture unit rating of 9. (c) Dishwashing machines-Domestic, that discharge through the trap of a kitchen sink shall not increase the fixture rating of the sink. (d) Washing machine-Residential, may be installed on a 1 1/2 inch trap, mininn~ 1305.6 SANITARY SEWIIt COLLFX'PION SYSTEM Add new Section as follows: The sanitary sewer collection system shall be designed by an engineer licensed to practice engineering in the State of Florida and shall be designed in accrord- ance with, good er~ineering practice and meet the current mininnan requirements of the Florida Air and Water Pollution Control Cacmission. 1401.3 PIPING ABOVE GADUrID Change section to read as follows: Vent piping shall be cast iron, lead, brass, copper pipe, copper tube of a weight not less than that of copper drainage tribe Type DWV, plastic piping or borosilicate glass. • ~... • RE<7 12/31/73 -139.16a- 14G6..l VER'I'1CA1. RISE Daiete existing Sectioc 1106.2 and rewrite as follows: i l• Where vent pipes connect. to a horizontalsoil or waste pipe, the vent shall be taken cfC above the center line of the soil pipe. 1409.1 DiSTrtNCE OF TRAP FROM VENT Delete existing Section 1409.1 and rewrite as follows: Ea<:h tixture trap shall have a protecting vent so locatedahat thealooe and the ~.la•.eioped Sergth in the fixture drain from theix•ap weir, to the vent fitting are :,: i,};.i:i the requa.rements set: forth in Table 1409..3, (al No s.-•al. t;nder 2 inches shall be placed more than five {5'). horizontal de~•eioped length, from its vent. The distance shall be n:easurea.along he c:raxai lice of fhe waste oc soli Iripe from the trap weir to the vent operrirg. (b) The maximum distance of a water closet trap from-its vent shall .~ci exceed 24" vertical and 36" horizontal. (c) '.('he distance of a wall hur:g urinal trap from its veal. shaY1 not exceed 2~". Prot ; ;ore lhau one urfr;al ma}~ be installed on a horizontal waste arm.. When 2 • wa;.I hunk; ~:arirals are connected into a commor. waste stack,. the stack shall be 3" inches ttr dinmete^ and t::e waste arms shall.be connected into a double "Y" '~ it~caLa:i 1D" inches t>e.low the outlet of said urinal t 4D9 .:i DISTANCE Ol'' !r'IXTURE 'PRAP FROM VENT Delete existing Section ar:d rewrite as follows: 81IE OF' 1=IX1'URS DRAIN DISTANCE 'TRAP TO VENT i 1/4 inch 5 feet 1 lie inch 5 feet 2 xr~~.;.r 5 feet 3 inch kl feet 4 inch 15 feet A 4 inch t7oor drain may. be.piaced 15 feel froin a vented house or building drain without reventing. 1 31:--1 ti[NGI,E BA'TIIRUOM G'ftOUPS lull ro existing Section a nev/ paragraph (c) as follows: (c) hlo.rtzcr,ta] wet venis shall not exceed-fifteen (15') feet and shall onlg~ receive discharge from £fxtare drains, K~~y • pp. Nu. 4 -139,17- 1412.5 SIZING v VLN'I' Sl~h: ?. u:ch ., 1%l.. in::h ;! rnch 4 ir.cit 4° 10" 18' 32° " i::xceptione: [ixtchen sinks, urinals or pressure discharge fixt~ires slraii nni be allowed on a 2 inch vent.. Water closets or fixtures r~yuiring waste openings.greater..than 2 inches on a 2 lit ir:ch ;:eut, 3 rr~ches on a v inch vent or 4 incises or: a ~} inch ve:;t stall. riot Ise i~errnitted. tlbave the points of intersection of fixture weL vents, vent size .can. l:,e reduc:ed do the minimum requirement for dry vents providing all frxtcres are on the same floor level. • ~~ • 41i , l liA'I''l EIiY' VCN'I'INC~ ~, pr:•Lrtr• nt ht•st ::ent~nce "iexcept. blowout type) 3 A 3.5 :i FlX'1'URES BACK-'fO-Bt1CK WITH ['I'PTINGS 1N HOIt7'LON'1'AI, POSI'iION ~~id nett' Section 1415 5 as•fotlows: i';i;~.: ;:riures are cor:ue<ted into one horizontal branch Through a double wye ar ;~ ci~.,~.:l~le cornb;naito;: wye un8 :l ('8 bend., in the horizontal position, the vent shall 1:.:' ;:tlc,+:: off In fro:tt pf t};e iast fixture connection. In addition. lower hoar in ~:,~ hay wall be provided with a relief vent taken oft in front of the first li:;t;~re c•;:~r,raection 7 ~~i:. G L~l[t; i"~ti 1'GR t:'1Rl;Ui'i' AND LOOP HORIZONTAL BRANCH FSI'IN(i' `,r_c ::cw Section as follows: I)iarr:eter of Water closets,- pedestal i;oriror:tal urinals, or trap standard brancg fixtures i::ci; ~ none ~ rr.ctr 2 9 inch 6 5 .nch. 16 s rnclt 24 1'rvu: •'1'i,irnb~r+g fdlanual," Report BMS 66 tardards. ,ul,I,. No. 4 -139.18- MAXIMUM P'IXT'liFI.G UNC.S rrxture units far fixture:; other than desi rated rn C;oityrnn C"w) (3) 0 20 60 1'v0 160 p.. 20, National Bureau of i ?-d''i,~i SIZE OP INDIVIDUAL, RELIEF, AND CiRCUi'f' 1,OC11' VIsCu"l t: l:e,i~et~,: ex;taiin;° tiect;.on and rewrite as follows: 'i'I;e cYi;.a~eter of un irldnadual, relief., circuit.or loop Valet :ihihEl il.^•t 1)i! ICS:: i}:a77 l ~~ue.-i:alf the pipe size of4he line. it is venting, bui in no ~~u:;c iesr; Yt~,rl~ 1.1(4 inci;~:a and shat] l:e, determined from its length ,lad file Iuta; of fixt:xre .o=~it.s •~r-ran~'cte~.l thr-~;.ei,i, as provided in Table 1421.2. 'Gwent, perci:~it :; t' cl;.a tatal :~iittv;;,!".a6 ;i?G~':h :;:: 4' i~C' installed in a horizontal pos3ti,cc;. ,,,....; 1r~llERliPfLifi1C'I"fGD Y„a?etz" eslat.l:~~ ;section and rewrite as follows: r.;.~a.,;;,:.;rani.hr-.:, nrty be installed on a combined waste ar.:'. ver;t stack s ~„1I~:,;; .. T;iihl;~!li'1'i.;li. ~ • FIXTURE UNITS I'41i~~1fv1UM ON STACKS I,iiNGTiI iii' S'I'AC;Kg --- .--° -.~_.._ :' Itat:}; 4 :lta feet. 4U te~:i i~ i ; Z inol' lU 5U fee! :3 l:.ch 16 25 'f5 rca. i,/'1, u:^l: 4 ;iLCti 32 IO(1 fees :i i:~,ui; 50 40u feel. \• ~.,- '~ t ; \.'slel +::iuaets or other fixtures requiring a. fh,~ho:r.etr:r valve an C::e u~.~ter supply shall not be permitted. ( 1 '.1'he combined waste and vent stack shall ertels:_ t;;'ldir;li~i;:ihed in _;i;,e through the roof with no offsets. (3) hilr..ilc°n ,inks are not permitted on a 2 inci~i cc:.~l)cn;iq;vr~ waste ,.:~d vent l;tac;k. c4j For drin;cing fountains, the fixture units nay tie! vlcreaseci IO t.ltllF':? and permitted length increased 2 times as spec;f;ed. i0 f . •L 'iiUl1'.DiNG S'1'ORIl4 DRAINS I;rlele the «:~;rr3:: "vitrified clay pipe" and bituminized iitler p:tvts. 1 ti0.: , ;• t_+tJ[t::?1NG S'1.'OTtM SEWERS iir.ic:i.e, r!;e war;is "bituminized fiber pipe." • • ~~. • 1546 1 1sA'Pt?RlOli GIJ'1'T);RS AND DOINNSYO?~':`:i l)r:~k~le existing Section in its entirety, and rewrite r;ew SecUOn as follows: Fiatericr ;;utters and downspouts shall be constructed of a minimum of 16 ounce. hard copper. 26 gauge stainless.steel, 26 gauge galvanised steel, -.032-aluminum, or other materials as approved by the Building h;shector. '1'he. size of khe dowi;spoi:,:; shall be 1 square inch for each i0G sq. it. of roof area. (Ord. No. 8-7'l, § 2) Sapp. No, 4 -139.20- Chapter 29 FUBLTC SAFL'TY llEPARTMENT Editor`s note---On November 14, 1961, the Village entered i.ntn a mutual poli.cc ai_d and protection agreement with the ',.own of Lake ?ark, Palm Beach County, .Florida. r?n Tovember 20, 1962, the Village entered into a mutual poJ.ice aid ar:d protection agreement with the City of Palm Beach Gardens, Palm Beach County, Florida. On Aug'us't 2~, 19ii~, the Village entered into a mutual fire aid agreement between said Village and other municipalities Bind f:i.rc control districts located in Palm Beach County, F7_orida. Charter reference--- Cross reference---L'olicemen's and -firemen`s relief and pension Funds, ch. 26; insurance excise tax, ch. 38. A:c~_. I In General, SS 29-1---29-20. Art. II Director of Pu blic Safety, SS 29-21---29-30. Art. III Personnel, SS 29-31---29-4D. • 1 Art. 7:V Reserve Police Porce, SS 29-41---29-50. Art. I IN GENERAL Sec. 29-I.---29-20. RESERVED. Art. II DIRECTOR OF ]?UBLIC SAFETY Sec. 29-21---29-30. RESERVED, Art. III PERSONC7EL~ Sec, 2~i-;;1---29-40. RESERVED, Art. IV RESERVE POLICE FORCE • -_ - 1.40 - Sec 29-41. CREATED---PURPOSE---In order to provide for the public safety in time of emergency and in order to supplement the effective- . ness of the village department of public safety at all times, there is hereby created and established a reserve police force for the vil- lage. (Ord. No. 90, S 1) Sec 29-42 APPLICATION FOR MEMBERSHIP---(1) Applications for membership in the reserve police force shall be made in writing by interested persons, addressed and delivered to the village manager on forms supplied by him for such purposes. (2) The village manager shall be authorized to require all such applicants to stand such examinations as to physical and mental fitness as may be prescribed from time to time by the council and the manager shall investigate or cause to be investigated the character and reputa- tion of applicants for membership in the reserve .police force. (Ord. No. 90, S 2) Sec 29-43 RESERVE POLICE LIST TO BE MAINTAINED---The name of every applicant found by the village manager to be pk~ysically, mentally and' morally fit for service in the reserve police force shall be placed upon an eligible list to be kept by the manager and such list shall be kept on file in the village hall. Such list shall be revised from time to time and the names of all persons thereon who have not been appointed members of the reserve police force within a year after th@ Mama of such person was placed upon said list shall be stricken by the village manager; • However, this shall not prevent the person whose name has been so strickgn l from making a new application for such reaerve police service.. (Ord. No. __.. 90, S 3) _ __ .. .--__ .............. ..... nv ninon mnn nL+ vTT[1T T(? C~Ti I%TV_--ThP. ~. director of public safety is hereby authorized and directed to appoint £rom the list provided for in Section 29-43, reserve police perspnnel 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 causal upon written notice given by the village manager. (Ord. No. 90, S /.) Sec. 29-45. RESIGNATION---Appointees to the reserve police force may at any time resign upon submitting their written resignations to the village manager. (Ord. No. 90, S 4) Sec 29-46. OATH REQUIRED---Before entering upon his duties as a re- serve police officer, each officer shall make oath before the village clerk that he will uphold and defend the Constitution of the United States and of the State of Florida, and that he will enforce the ordinances of the village, and sll lawful orders, rules or regulations promulgated under authority of the chartrer and ordinances of the village, (Ord. No. 90, S 5) • -' 11,1 - Sec 29-45 POWERS AND DUTIES---While on duty under the orders of the director of public safety, reserve police officers shall possess all of the powers and perform all of the duties and functions o£ members of the regular police force of the village. (Ord. No. 90, S 7) Sec 29-49 UNIFORMS AND INSIGNIA---(1) Whan called for training in service, or for active duty, reserve police officers are hereby required to wear such identifying uniform and insignia as may be provided from time to time by the village. (2) It shall be unlawful for any reserve police oi'ficer to wear such identifying uniform and insignia except while on duty. (3) It shall also be unlawful for any reserve police officer to attempt to enforce any ordinance, or to carry out any order, rule or regulation of the village while such reserve police officer is not wearing such identifying uniform and insignia. (Ord. No. 90, S 8) Sec 29-50. COMPENSATION---Reserve police officers shall not receive any wage or pay for their service as reserve police officers of the village. (Ord. No. 90, 5 9) • - 142 - Chapter 30 i • RECREATIONAL EQUIPMENT i Sec. 30-1. RECREATIONAL BOATING AND CAMPING EQUIPMENT--- R.ecreational, boating and camping equipment in the form of travel and camping trailers, boats on trailers and truck trailers designed and used as temporary living quarters for recreation, boating, camping or travel use may be parked in the open on sites containing a single family or duplex residence, subject to the following conditions: (1) Such parking shall be limited to such equipment owned or leased by the occupant-owner or occupant-lessee of the site concerned; provided, however, that a guest of an occupant-owner or occupant-lessee may park such equipment in the front yard for not more than three days in any fourteen-day period. (`L) The location for such parked equipment shall be in the rear yard or in the side yard to the rear of a line established by the front building line adjacent to the side yard where the equipment is located; pro~~ded, hovrever, that on corner lots such equipment shall not be parked on the side yard which faces a • gublic street. (3) Such equipment and the area of parking shall be maintained i.n a clean, neat and presentable manner and the equipmen4 shall be in a usable condition at all times. (4) Such equipment shall, at all times, have attached a current vehicle registration license plate and, if required, a current inspection sticker. (5) No major repairs or overhaul work on attch equipment which constitute either a public or private nuisance shall be made or performed on the site . (8) When parked on the site, such equipment shall not be used for living or sleeping quarters, or for housekeeping or storage purposes and shall not have attached thereto any service connection lines, except as may periodi- cally be required to maintain the equipment and appliances. (7) Such equipment shall not exceed the maximum length, width, height and weight permitted under applicable provisions of the Motor Vehicle Laws of the State of Florida; provided, however, the maximum length, shall not exceed 30 feet from the trailer hitch to the rear bumper and the maximum Supp. No. 4 -142.10- height shall not exceed ten feet. (9) Such equipment ah.sll be so secured so that it will not be a hazard • or menace diax•ing high winds or hurricanes. At least four hurricane anchors must be available at each site where recreational and camping equipment is ~._ stored pu.rauant to this Oode section. (9) All such recreational vehicles when parked in the side yard shall be screened from the view of the nearest adjacent neighbor. with an opaque, vertical wall, fence or hedge to the height and length of the recreational equipment . (1Q) The Village Council finds that as a matter of fact recreational ramping and boating equipment is a customary accessory use. rf land in R-1 and R-2 zones in the Village of North Palm Beach. (Ord. No. 28-72, §1) Editor's Note---Ordinance No. 28-72, from which the above section was derived, became effective as of July 1, ].973. • '~ Supp. No. 4 -142.11- Chapter 31 (• REGISTRATION OF CERTAIN PERSONS Art. I In General, Secs. 31-1---31-10 Art. II Certain Employees, Secs. 31-11---31-20 Art. III Felons, Secs. 31-21---31-27 Art. I IN GENERAL Sec. 31-1---31-10. RESERVED. Art, II CERTAIN EMPLOYEES Sec 31-11 REGISTRATION• FINGERPRINTING AND PIOTOGRAPHING---Each person engaged as a driver of a taxi cab or a for hire car within the village, and each person employed in any auction, bar, saloon, night club, hotel, restaurant, pool and billiard parlor, bowling alley, barbecue stand, soda fountain or other place where food is served, each person employed as a golf caddie, messenger or delivery body; and every solicitor, peddler, hawker, itinerant merchant or transient vendor .of merchandise who go from house to house for the purpose of soliciting orders for the sale of goods, wares or merchandise; and every meter reader are hereby required to regis- ter with the director of public safety of the village their name, descrip- tion, date of birth, last place of employment, if any, and shall also be fingerprinted and photographed by or under the direct3~.of the director of public safety of the village prior to engaging in any of the foregoing trades, businesses or occupations. (Ord. No. 12, Sec. 1; Ord. No. 130-66, Sec. 1, 2 ) Sec. 31-12. COST OF FINGERPRINTING AND PHOTOGRAPHING---For the purpose of defraying the expense of fingerprinting and photographing, there shall be paid by all persons so required to register the sum of One Dollar and fifty cents. (Ord. No. 12, Sec. 2) Sec. 31-13. IDENTIFICATION CARDS---(1) Identification cards will be issued by the director of public safety to all persons after they have been duly registered, which such persons shall carry at all times during which they shall be engaged in any of the trades, businesses or occupa- tions set forth in 31-1. (2) If investigation. shows that such person has a criminal record, • then such application for an identification card shall be denied; provided, however, that if the criminal record shows no violations for a period of at least fifteen years, then such application for an identification card may be granted. (Ord. No. 12, S 3; Ord. No. 130-66, S 3; Ord. No, 183-68, S 1; Ord. No. 12-71, S 1) Supp. No. 3 -143- Sec. 31-1~. EMPLOYING UNREGISTERED PERSONS---It shall be unlawful for any person to employ any person that is required to secure an identifi- cation card as set forth in this Chapter unless such person has prior to ~" such employment obtained an identification card as required by this Chapter, (Ord. No, 12, Sec, 4) ~• `~ • Sec. 31-15. REPORTING CHANGE OF ADDRESS---Any person who is required to register under the terms of this Chapter is likewise hereby required to inform the director of public safety of any change of address within twelve hours after such change is made. (Ord. No. 12, Sec. 5; Ord. No. 130-66, Sec. 1, 2) Sec. 31-16, FILES MAINTAINED OF REGISTERED PERSONS---(1) The files of all persons required to be registered under the provisions of this Chapter shall be kept in such manner as may be prescribed by the vil- lage manager and the director of public safety. (2) No person, except the duly authorized identification officer in charge of registration files, the director of public safety, and the village manager shall have access to or be permitted to examine the registration files. (Ord. No. 12, Sec. 6, 7; Ord. No. 130-66, Secs. 1, 2) Sec. 31-17---31-20. RESERVED. Art. III FELONS Sec, 31-21. REGISTRATION REQUIRED---Every person who within the past five years has been convicted of a felony under the laws of the United States, of the State of Florida, or of any other State, or any other government or country, or who has violated any national or state law relating to the possession, sale, or transportation of any narcotic, and who is residing in the village or who comes into the village. from any point outside the village, whether in transit through the village or otherwise, shall report to the director of public safety within forty- eight hours after his arrival within the village and shall furnish to the director of public safety a written statement signed by such person, giving the following information: Supp. No. 3 - 144 - (1) His true name and all aliases which he has used or under which he may have been known. (2) A full and complete description of his person. (3) The kind, character and nature of each crime of which he has been convicted. (4) The place where such crime was or crimes were committed and the place o£ conviction of the same, (5) The name under which he was convicted in each instance and the date thereof, (6) The name, if any, and the location of each prison, reformatory, jail or other penal institution in which he was confined or to which he was sentenced. (7) The location and address of his residence, stopping place, living quarters or place of abode in the village; if he has mare than one residence, stopping place, or place of abode, that fact must be stated and the location and address of each given. (S) A statement of the kind or residence, stopping place or place of abode in which he resides, whether the same is temporary or permanent, i,e „ whether the same is a private residence, hotel, apartment house, or other building or structure. (9) The length of timo he has occupied each such place of resi= • dente, stopping place or place of abode, and the length of time he expects or intends to remain in the village. (10) Such other information as the director of public safety shall find reasonably necessary to carry out the intent of this Section. (Ord. No. 121-65, Sec. 4) strued to apply to any person who ha whereof he shall have been convicted PTED---This Article shall not be con- received a full pardon for each crime (Ord. No. 121-65, Sec. 4) Sec 31-23 PHOTOGRAPHS AND FINGERPRINTS---At the time for furnishing the information required by Section 31-21, the parson registering shall be photographed and fingerprinted by the director of public safety and photographs and fingerprints shall be made a part of the permanent record provided for in this Article. Sec 31-24. FALSE INFORMATION---It shall be unlawful for any person required by any provision of this Article to furnish any report to furnish in such report any false or fictious address, or ax~y address other than a true address or intended address, or to furni sh in making any such report any false, untrue, or misleading information or statement relating to • a ~p information required by any .provision of this Article to be made or - 145 - furnished. (Ord. No. 121-65, Sec. 4) Sec 31-25 RECORDS CONFIDENTIAL---The statements required in this Article shall at all times be kept by the director of public safety in a file or files separate and apart from other files and records maintained and kept by the department of public safety of the village and shall not be open to inspection by the public or by at~y person other than a regular member of the department of public safety of the village. (Ord. No, 121-65, Sac. 4) Sec 31-26 DISCLOSURE OF INFORMATION ILLEGAL---It 'shall be unlawful for any police officer or employee of the department of public safety to dis- close to any person any information contained in a statement required under this Article. (Ord. No. 121-65, Sec. 4) Sec 31 27 RECORDS AVAILABLE TO POLICE OFFICIALS---The director of pub- lic safety shall have the authority to transmit copies of records re- quired herein to the sheriff of any county of the state, to the head of any organized police department of any municipality in the State, or to the head of any department of the State engaged in the enforcement of any criminal law of this State, or to the head of any Federal law enforcement agency, or to any sheriff or chief of police of a municipality, or to the head of any other law enforcement agency of any state in any state or territory outside of the State, when request is made in writing by-such sheriff or other head of a law enforcement agency asking for the record • of a certain person named therein, and stating that such record is deemed necessary for the use of such law enforcement officer or agency for the investigation of arty crime, or any person who is accused of committing a _ crime, or any crime which is reported to have been committed, and further stating that the record will be used only for such purpose. (Ord. No. 121-65, Sec. 4) 146 - Chapter 34 C7 SIGNS Cross reference---Buildings, ch. 8; zoning, ch. 45. Sec. 34-1 . DEFINITIONS---Ae used in this Chapter, unless the context other- wise indicates , the following words and phrases shall have the meanings indicated: (1) 'Builder-Developer Sign is a temporary sign advertising construction projects, and real estate for sale or lease. (2) : Buildin means any structure built. for. the support, shelter or.encloaure' of persons, animals, chattels, or property of any kindwhich'has enciosing..wails for 500 or more of its Ierimeter. The term "building" shall be construed as if. .. followed by the words "or part thereof." (For the purpose of.this' Code' each:.portion of a building separated f•. om other portions by a fire wall aha1T be considered as • a separate building) . (3) Shed means any structure built for the'support;'shelter or. enclosure _.,,_,, of persona , animals , chattels ,. or property of any kind which' has enclosing' walls for less than 50$ of its perimeter. (4) Open Shed means any structure that has' no enclosing walls. (5) Building Ins ~e~ ctor shall mean the duly appointed'BuildingInspector of the' Village of North ['alm Beach, or his' deputy. (6) Erect shall mean to build, construct, attach,' hang, place; suspend, or affix. (7) Facin or Surface shall mean any sign which has characters, letters, figures , designs or outline illuminated by electric lights or' luminous tubes as a part of the sign proper. (8) Illuminated Sign shall mean any sign which has:charactera.,.letters, figures, designs or outline illuminated by electric lights or luminous tubes' as apart of the sign proper. (8) 'Incombustible Material shall mean any raterial which- will not ignite at or below a temperature of 1200° Fahrenheit and will not continueto'burn or -147- Supp. No. 4 at this temperature. (10) Number. For. the purpose of determining number of signs, a sign shall be considered. iv t:e a single display surface or display device containing elements organized, related and .composed to form a unit..Where_matter is.. displayed in a random manner. without organized relationship of elements,. or. . where. there is reasonable doubt about the relationship of elements, each element shall be considered tca be a single sign. (11) On-site Sign shall mean and include any sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services or activities on the premises. (12) .Painted Wall Sign shall mean a sign painted on a wall, pavement, or any other surface of a building or structure, (13) .Person shall mean and include any pereon,..firm, partnership, association, corporation; company or organization of any kind. (14) .Pole. Ground or Free Standing Sign shall mean a sign which.is supported by one or more columias, uprights or. braces in or upon the ground. (lb) . Si n shall mean and include any device. designed. to inform. or. attract the attention of pereons..not on the premises on whichahesign-is located...-It shall • also include any announcement, declaration,..demonatration, display illustration or itsignia used to advertise. or..promote the.interests.of. any person..whea.the same is placed in view of t'he geAaral public or is visible and legible from. public ways !° or from off the premises. (18) .Surface Area. In.computing. surface area in square feet;.,ataadard.. mathematical formulas for. known or common ahapea~will.be.ueed.. In the.casa.of- irregular_ehapee,, straight lines drawn closest to. the extremities of the.shape wiA be used:.. On. signs with. morn than one fnce; only. that face or faces visible from uny one. direction at ono time will. be computed. (17) Temporar~g~ shall.mean a alga which.ia intended to.advertise .. community ar civic protects; coa.atruction projects,. real estate for sale or lease or other special events on a temporary basis. (16) .Wall: Sign is a sign which ie.in any manner affixed to.any exterior wall of a building or structure and which projecta.not more than. l8 inches.-Prom the building or structure wall and.which. does not extend above the parapet, eaves or building roof of the building on which it is located. Sec. 34-2. P1sIiPQI'I'5--- (1) Permits Required. It shall be unlawful for any. person to erect, repair, alter or relocate or maintain within the village any sign '. -148- Supp. No. 4 ~• defined.in this Chapter without first obtaining a permit from the Building Department and making payment of the fee required by this Section. All illuminated aigne shall, in addition, be subject to the provisions of the Electrical Code, and the permit fees required thereunder. (2) Fees. (Based on sign valuation): Not exceeding $100 valuation, $3.00; ~ from $100 to $500 valuation, $5.00; from $500 to $1,000 valuation, $10.00; over $1,000 valuation, $10.00 plus $3.00 for each additional $1,000 or fraction thereof. (3) Revocation. The Building Department is hereby authorized and empowered to revoke any permit issued upon failure of the holder thereof to comply with any provisions of this Chapter. Sec. 34-3. UNSAFE AND UNLAWFUL SIGNS---(1) Only aigne that are specifically set forth hereafter as being permitted in the various zones can be erected and ' all signs not specifically permitted are hereby expressly prohibited from being erected in such zones, provided, however, that motor vehicles with advertising devices or signs of any nature attached or affixed in any manner to a motor vehicle may be permitted on a parcel of land for not more than 24 consecutive hours and for not more than 24 hours in any 48-hour period. Non-motorized • vehicular signs or sign structures attached or affixed in any manner on or to any non-motorized wheeled vehicle are expressly prohibited in any zone. e.o (2) Painted wall aigne are expressly prohibited,in any zone. (3) If any sign regulated herein is found by the Building Department to be unsafe, insecure, a menace to the public, constructed, erected or maintained in violation of the provisions of this Chapter, written notice shall be given to the owner thereof. If the owner fails to remove or alter the structure so as to comply with the provisions herein set forth within ten (10) days after such notice, such sign shall be removed or altered to comply by the Building Department at the expense of the owner of the property upon which it is located. The Building Department shall cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. (Ord. No. 8-74, § 1) Sec. 34-4. IDENTIFICATION OF SIGNS---Every outdoor advertising sign hereafter erected, constructed or maintained, for which a permit ie required, shall be plainly marked with the name of the person, Firm or corporation erecting and maintaining such sign and shall have affixed on the front thereof the number of permit issued for said sign by the Building Department. Sec. 34-5. MAINTENANCE---All aigne for which a permit is required, together with all their supports, braces, guys, anchors and plastic faces, shall be kept in repair and unless constructed of galvanized or non-corroding material shall be thoroughly painted at least once every two years. The Building Department REV. 6/30/74 -149- may order the removal of any. sign that is not maintained.in.acaordance:with the provisions of this Section. Such removal shall be at the expense:oE the owner or4esaee. Seca 34-8 . :DESIGN REQUIREMENTS---All signs shall be dESigned. and constructed to withstand a wind load of fifty. (50). pounds per.equare foot:.: The Building Depart- ment shall require sufficient design datay in.every case;.to determine.whether.the sign complies with the applicable codes of the Village. All ground:aigna-which exceed. forty. (40) square feet in area ahallbe. designed; signed, sealed and... _.,.. certiffed by a Florida registered engineer, who shall.submit sufficient design data to enable the Building Department to determine whether the:aign complies-with the applicable Codes of the village. Sec. 34-7. OBSCENE MATTER PROHIBITED---It.shall be unlawful for any. person to display upon any sign or other advertising structure any obscene, indecent or immoral matter. Sea. 34-8. SIGN NOT COVERED---Any sign not covered by the provisions of this Chapter will be erected only upon approval, of the Building Department-.. The Building Department shall approve any such structure;. provided it is found.-the proposed design ie satisfactory and that the materiel, method .or work offered.is, • for. the purpose intended, at least equivalent of that prescribed in this. Chapter in quality, strength, effectiveness, fire-reeietance,• durability and safety. Sec. 34-9. LOCATION RESTRICTIONS---No sign shall be erected,. constructed or maintained eo ae. to obstruct any fire. escape .or.any window or door. or.opening used ae a means of egress or so as to prevent free passage. from one partof.a- roof to any part thereof. No sign shall be attached in .any. shape or manner. to a ffre escape nor be placed, in such a manner as to interfere with any opening required for legal ventilation. Sec 34-10. CONSTRUCTION REQUIREMENTS---(1) Lighting of.signa.by... flashing or intermittent illumination, rotating, revolving, oscillating or: moving .signs, the use oY neon.tubea or other illuminating. devices>to outline.part.orali.. of a building shall be prohibited. Exposed neon tube and lamps are prohibited. (2) .The use of roflector-type spot or flood lamps and exposed incandescent lamps larger than 16 watts, unless properly shielded to prevent glare upon.:the street or ad~aoent prperty, shall be prohibited. (3) All ground aign® shall be greeted within landscaped areas. • Minimum dietnnoe fY~om the edge of the landeoapod area to eigr~ supports shall be -three (3) • feet. ` Supp. No. 4 -180- (4) All electric wiring to signs shall be installed in .conduit ...The. conduit. shall be installed under the ground. in accordance with the Village Electric Code. Sec. 34-11. REMOVAL OF• CERTAIN SIGNS---Any.aign now or hereafter.existing which no longer advertises a bona fide business conducted;. or: a product.sold, shall betaken down and removed by the owner; agent, .or. person having the ... beneficial use of the building or. structure-upon: which such sign. may be:found .within ten (10) days after written notification from .the..Building Official; .and, ........ upon failure to comply .with such notice within. the time specified. in, such order; the ... Building Official is hereby authorized to cause removal of such sign;. and any..expenae incidentthereto shall be paid by the owner of 4he building oratructure to which such sign is attached. Sec. 34-12. .SPECIFIC SIGN. REQUIREMENTS BY ZONING: DISTRICTS---(1) .For District R-1, the following are. permitted:aigne: (a) One sign, not exceeding one: (1). square foot in anrface area and bearing only property numbers, street address and/or names of occupants of premises. {b) -One Real Estate Sign not exceeding.five (5). square feet in surface. area which advertises-the sale; rental or lease of she premises upon which said signs are located only. • (c) One or two signs denoting the architect;. engineer and/or.:contractor.... when placed upon work under construction, and not exceeding eight (8)- square ,.. .feet in surface area in total. (d) Traffic or other municipal signaraegal notices.;: danger and such temporary or emergency signs as may be approved by the Village Council. (e) No ground.aign may be located.cloaer•than'.10. feet.of the•front..property line or three feet of the side and rear property line; except sign allowed in Subsection (a) above. (2) For. Districts. R-2 and R-2A, the-following signs are permitted: (a) One sign, not exceeding one (1) square-feet in surface.area and bearing only property numbers; street address and/or names of occupants of premises. (b) One Real Estate Sign.not.exceeding.fiue.:(5) square feet in. surface.. area which advertise -the sale ; rental or lease of the premises upon: which said signs are located only . (c) One or two signs denoting.the architect, engineer and/or.contractor when placed upon work under construction, and not exceeding eight .(8} square feet in surface area in total. Supp. No. 4 -151- yA~ (d) .Traffic or other munidipal signs; legal notices,: danger.; and such temporary or emergency signs' ae may-be approved by the Village Council. _• (e) Bulletin Boards not over twenty-four (24) square:feet ~in surface area. for public, charitable or religious institutions when the same are-located on the premises of said inatitutiona . (f) Memorial signs on taliTeta,.namea of buildings and dates of erection .when:. ' cut into.any masonry surface.or: when constructed of bronze .or other incombustible materials and not exceeding eight (8) square feet in surface area. (g) In addition to the above listed signs; the following are permitted: 1. Type. On-site ground and wall signs which may be indirectly illuminated only. 2. Number. One sign only permitted. 3. Size. The maximum surface area shall be-eight (8) square feet. 4: Hei ht. The maximum total height of a ground sign shall be six (6) feet above ground level. (h) -Location. No ground sign may be located closer than ten. (10) feet. of. • the front property line or three:(3) feet of the aide and.rear property line: This provision does not apply to the:sign allowed by Subsection (a) above. `r . (3) For District R-3, the following signs are permitted: (a) One sign, not exceeding ahree :(3) square-feet in surface area. and . bearing only property numbers; street address and/or names of occupants of premises. {b) One real Estate Sign not.exceeding-.five, {5) square-feet in..surface. area which advertise the sale; rental or lease of 4he premises upon which said-signs are located only. (c) One or two signs denoting the architect; engineer and/or contractor . when placed upon work under construction; and not exceeding eight (8)- square feet in surface area in-total. (d) Traffic or other municipal signs; legal noticea;:.danger.;.and such temporary or emergency signs as may be approved by the Village Council. (e) • Bulletin Boards not_over twenty-four (24) .square feet in surface. area . for public, charitable or religious inatitutiona when the same are located on the premises of said inatitutiona. • Supp. No. 4 -152- _ (f) Memorial Sign23,ortableta`, name`s'of'buildings 8nd'datea of ereCtxon a- - when cut into. any; masons;jsurface•or;whAa.oonefructed of.bronze.or:.other. ~:. ": incombustible materiala,arid~not.e~CCeeding eight ~B)" square feet in surface area {g) in addition:~toethe=abotte;+hated-signs; the-follorying are permitted: .. - l.• Type. Orr`-~ite~grpundand•wall signs which may be indirectly illuminated o~ ailloiietted:. 2.:Number:•~ One_•sigrironly permitted'. " .. ~, - 3; Size:;fihe.maxicrium surfaice area shall be'thirty-two •(32}square. feet. --. :., , : :r~ - 4: Hei ht ,'the?maximum_to4a1'height of a ground sign shall be ten '(lU) -feet above ground level. • {h) Location. No ground sign m"ay,be-locaEed`~cloaerahan.ten -(lU).>feet of .. the front property line or. three.: (3) feet of .the aide and. rear property sine : This provision does not apply to the sign allowed by Subsection (a) above. . {i) Builders anal developers•signa.advertising the sale; rental,orlesae.of , the premises .upon which said signe.are:located. .Builders and.developers.signa ., shall be.permitted:to exceed, the,'-,ebove sizes hut:shall:not,exceed.one..hundred.: f4UU) square.feet:in surface area.. Permit~'are:renewable.every:aix {6.): months- Wall '• •••. signs shall be.;removed-one yeai~after:iseuance of.a~..Certificate.of.Occupancy:• Ground signs shall be removed one year~.a€ter issuance.of .Certitlcete. of Occupancy or :eighteen {38) months after erection,-whichever occurs first. (4) ~ For District CA the fgllow;ing signs are permitted: (a) . T~+pe. On-site wall and.,ground signs are permitted. {b) Number:, 1: Ground• Signs. One~~aign permitted per building. 2. Real Estate::Si'gna ..One;aign permitted to.~advertiseahe-sale:,. `: rental; oraease of the premises upon which said sign is located: Maximam surface or sign shall be::ten {lU) square-feet. (c) • Size. 1. Ground Sign. Total ground sign surface area shall not exceed • Supp. No. 4 -153- fifty (50) square feet for lots of one hundred (300) -feet or 3esa; in width, and .... may be increased in total surface area.by five (5) square feet for each .additional . ~ twenty (20) feet of lot width. The maximum total surface area perm-fitted in any i case is seventy-five (75) square feet. 2. Wall Sign. The total surface area of.all .wailaigna.ahail..not .. . exceed the ratio of one-half (1/2) square foot of az.ea.for.each.lineal. foot .of build- ing frontage with the maximum of one hundred (100) square feet o£ wall sign area per building. (d) Hei ht. 1. Ground Sign.. Maximum total height permitted is twenty (20) feet above ground level. 2. Wall Sign. The bottom edge of wall signs which exceed six. (6) -. inches in thickness shall bea minimum of: eight (6) feet aboveahe ground or.side- walk level. No wall sign shall.exceed.iwelve {32) inchea.inahickness. -The-top edge of the sign shall not extend above ,the parapet; save or building facade. (e) • Location.. 1. Ground Signs . Ground signs shall be set back a minimum of forty. (40) feet from any right-of-way and twenty (20). feet from any side property line. • 2. Wall Signs. Wall signs may be erected on the-front building walls ' or on the front one-half (1/2) of side walls. (f) In addition to the above; the following non-illuminated signs are permitted: 1. Ore sign, not exceeding one {1) square foot.in surface area and bearing only property. numbers; street address- and/or names of occupants of premises . 2. Up to three (3) signs denoting the architect; engineer.or contractor when placed upon work under. construction; and not exceeding a total combined of sixteen (16) square feet in surface area. Traffic or other municipal signs, aegal•.notices; danger;:.and such 3 . temporary or emergency signs as may be approved by 4he. Village Council. Bulletin boards not over twenty-four (24) .square feet in.surface 4 . area for public, charitable or religious institutions,-when the same are3ocated on the premises of said institutions. 5. Memorial signs or•tableta; names-of buildings and dates. of. erection when cut into any masonry surface or when constructed of bronze or • ~-1.54- Supp. No. 4 other incombustible materials and not exceeding eight (8) square fee4 in surface area. 8. Occupational wall:aigna .denoting only:the.name and profession. of an occupant.in a commercial building, public institutional building or dwelling house, and not exceeding two (2) square feet in surface area. 7. • Professional memo wail plates not exceeding one (1) square-foot in surface area permitted. (g) Directional Signs. Parking. area signs may be erected at each point. of ingress and egress to a parking lot or parking.area,.and such signs shall .not.... exceed two (2). square feet in area.nor.extend.to:a.greater.height than.three:(3). . feet above the ground. Only one such sign ahall.be:silowed.at each point of ingress and egress; provided auchaigns do not create a-traffic or pedestrian hazard. (h) Removal. All signs erected in CA Zone that. do not conform.toahe-terma_. of this Chapter shall conform, prior to the 39th day of December; 1874, or be removed from the property upon which it is erected. (5) For Districts C-1; C-lA and C-2 the following signs are permitted: (a) .Type. On-site ground and wall signs which may be illuminated. • (b) Number. Not more than three {3) .on-site signs shall be permitted for each street frontage and for each.place of business . -These .signs .may .be any .. . combination of signs providing, however; only one ground sign shall be permitted for any one building. (c) Size. 1. For each lineal foot.oflot frontage measured: alongahe.front. of line which is used to calculate she allowed aze..oEs ground sign;- the.size: of a ground sign shall not contain more than 1-.1/2 square feet of surface area. 2 . For each lineal. foot of lot frontage measured: along the-front sot line which is used to calculate.~the:allowed size of: a. ground.aign,.the total size of wall signs shall not contain more than 2 square #eet of surface area. 3. A combination of one ground sign. and one. or more wall signs. _. shall be permitted provided that the total surface area'of the combined: signs shall not exceed the maximum. permitted. area.set forth above; for example, a lot . frontage of 100.feetwould permit:a ground aign.with..7.5 aquare:fee4 of surface areartogsther-with wall-signs with 100 square-feet:of surface area. (d) Height and Location. • No . 4 -155- Supp 1. Wall Sign. The bottom edge;of wall:aigns.which exceed six {8). inches in thickness shall he a minimum of eight (8) feet above •the grade. No wall sign shall exceed twelve (12) inches in thickness. 2; Ground° Sign. .A graund;aign.shall.be aet.back a minimum of fifteen (15) feet from any right-of-wayz:line.'Snd~zthe:maximum.height of the sign above. ground shall be fifteen (15) feet:at•the aetback~line:: For each two .(2) feet that a sign is located behind the. fifteen.:(:14): footr.setback3ine;shs height.of.the. sign-.may be increased one {1) foot..The maximum height of aground.sign shall .beawenty (20): feeb. ~No ground sign ahall.be.ere.eted nearer:thamtwo:(2). feet of any:other sign, building or structure:, : No.part:of.any:aign shall be erected cloaer•than eighteen {18) inches of any property line,, ;; a :,, (e) In addition to the above, 4he following:aigna are permitted. .: fi,.:. One sign, not exceeding oae: (i) square foot in. aurface.area'and 1 . bearing only property numbers;:9treet address and/or names of occupants of premises. One Real Estate :Sign..not.;:exceeding.fivs (5) square :feet in. surface 2 . area which advertises the sale; rental or;dease of the premises upon which said signs are located only. Up to three d3) eigne.:denotingahe architect, engineer.or contractor 3 . when placed upon work under construction; and not exceeding a total combined I• of sixteen {16) square feet in surface area. ~`~' Traffic or other: municipal aigna:;aegal notices; danger;..and such 4 . temporary or emergency signs as maybe approved by the Village Council. Bulletin Boards nof.over twenty-four (24) square feet in..area for 5 . public, charitable or religious institutions when the same are located on the premises of said institutions. Memorial signs.and tableta:;namea:of.buildinga and.datea..of. 6 . erection when. cut into any masonry-snrface.or.when conatructed.of.bronae.or. uare-feet in surface ht (8) s q other incombustible materials and not exceeding eig _.. area, 7. Occupational.walheigns.:denoting..only name.and profession.o£ an.- . r dwelling house, i ng o occupant in a commercial building;. public: instikutional build and not exceeding two {2): square•feet•in area. 8. Profesaional~memo:platee not exceeding one {i}square:foot in area. 9. • Builders and developers-.aigna.aduertiaing the.saie; :rental or . ilders and developers B u lease of 4he premises upon whchcaaid signs'sre located: PP t` signs shall be permitted to exceed the above:sizes but shall not exceed one hundred (100) square feet in surface area. Permits are renewable every six (6) months. Wall signs shall be removed one year after issuance of a Certificate of Occupancy. Ground signs shall:be removed one year after issuance.of Certificate of Occupancy or eighteen (i8) months after erection, whichever occurs first , Sec. 34-13. REMOVAL OF SIGNS BY VILLAGE---Upon.the failure; neglect. or refusal of any owner, agent or person to remove or repair..any sign. in .violation of this Chapter, after notification so to.do.by the .Building Inspector., she Village. Manager is hereby authorized and. em~aowered to pay for the removal of such sign wkiich is in violation, or to order the'removal by the village employees. ,Sec. 34-19. SAME---OWNER-TOrBEAR .EOST---When the village has effected....-.. the removal of such signor. has pair`for :the:removsl>.thereofy: the actual. coat thereof plea accrued interest at the rate. of-eix,per..cent.per. annum from the.date.ofahe.... completion of the work, if not:pai~.~iy:sue~.~'ner:or agent.prior.ahereto;. shall be charged to the owner of sucki prop~y=-~-next regular tax bill forwarded to sv~ch owner by the village; an@szr~chacge.ahall be due and payable by said owner at the time of payment of auclt tax-:bill. • ,Sera, 34--1fi. SAME---RECORDED~S'TATEMENT CONSTITUTES LIEN--.. (1) Where the full amount due the village is not,paid by_Ruch-owner within sixty days after the removal of such signs which aYtialt tktaRle4ion of'.this Chapter, then, and.in.that case, the village manager shall cause ~to.be;r;ecorded.in ahe..Official Record Books of Palm Beach County, Florida a s~a;etatement showing the cost and. expense. incuxred for such removal.andahe:dnfe;; ~2acenr:,property omwhieh seid.work... was done, and the.recordation.ofauch sworn>atatement. shall.constitute a lien:and. privilege on the property;_and.ahgll>:e~eixt'iD'~uu.force.and effect for he amount d~?e in principal and interest; plus cost+~'o€~ur,#: `if any, for collection; until final payment has been made, (2) Said costs and experiaeashah:be:collected:in the manner-fixed.by._law for. the collection of taxes, and further: she3l besukalect-to a.delinquent.penalty . of s:x per cent in the eventaameae>no'i~.paielsn:,full.on.or before the date •the°tax bill upon which said charge appears. bec®m~ delinquent. (3) Sworn statements.recorded sts acc°rdance:with the provisions hereof..... shall be prima facie .evidence that ar>sllegalrformalitiee have been. complied-. with and that the work has been done properly,:.aadsarisfaetorily done; and.shallbe.full.. notice to every person concerned3hat:.4he..am°~trofhhe.atstement:plus.interest..,.. constitutes a:chargeagainst the:progerLy-deaignated.or.described in the': statement' axrci that the same is due and co2lectibte!'as provided by law . • Supp, No, 9 -15.7- Sec. 34-16. NONCONFORMING SIGNS---All signs erected within the Village, except those in the C-A Zoning District, that do not conform to the terms of,this Chapter shall conform by July .13, 1880 or be removed from the premises. Sec. 34-17. PENALTY CLAUSE---Any violation'of any provision of this. .Chapter shall be punished by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding two months, on by.both such fine and imprisonment... Each day a violation of any provision of this Chapter shall continue shall consti- tute aseparate offense. • :~,.,;, No. 4 -458- Supp. • .~,, Supp. No. 4 159 • • I ~ ~J Supp. No. 4 160 Chapter 35 STREETS AND SILIEWALKS Cross reference---Subdivisions, ch. 36; traffic, ch. 39; zoning, ch. 45. Art. I In General, SS 35-1---35-10. Art. II Excavations, SS 35-17---35-z2. Art. III Sidewalks and Driveways, SS 35-23---35-34. Art. I IN GENERAL Sec. 35-1. DEFINITIONS---For the purpose of this Chapter, the following terms, phrases, words and their derivations shall have the meanings in- dicated: (1) Excavation work. "Excavation work" is the excavation and other work permitted under an excavation permit and required to be per- • formed under this Chapter. (2) Person. °Person" is any person, firm, partnership, associa- ~~ tion, corporation, company or organization o£ any kind, including a pub- lic utility. (3) Street. "Street" is any street, highway, sidewalk, swale, alley, avenue or other public way or public ground in the village. Sec. 35-z---35-10. RESERVED. Art. II EXCAVATIONS Sec. 35-11. PERMITS---REQUIRED---Aqy person intending to make any in- stallation, construction, alteration, extension or repair, or otherwise do any work, either necessary or incidental, which shall require arty ex- cavation in, upon, under or through any street within the village shall, before making any such excavation, make written application to the building official upon blanks to be furnished by the village and receive from the building official a permit to do the work so intended and to make such excavation. (Ord. No. 53, S. 2) - 161 - Sec. 35-12. SAME---FEES---A person making application for permit shall, as a condition precedent thereto, Pay to the village at the time of making such application a fee therefor as follows: ` (1) Permit for excavation in an unimproved street, avenue, alley or thoroughfare, Three Dollars. (2) Permit for excavation in an improved street, alley or thorough- fare where the top sur£9ce thereof is of asphalt, oil or like substance, Five Dollars. (3) Permit for excavation in an improved street, avenue, alley or thoroughfare where the top surface thereof is of cement, concrete or a like substance, Five Dollars. (Ord. No. 53, S. 3) 1) The person making any excavation in any street, under a permit as provided in this Article, shall immediately upon the completion of the work of such excavation, re-fill, puddle and tamp the backfill in a goad and workmanlike manner so that such street is in the same condition as it was before such excavation was made, in all respects, save that of re-surfacing the surface thereof, (2) Re-surfacing shall in all cases be made by the village. The cost of re-surfacing shall be paid for by the person opening such street and the cost thereof, as estimated by the village manager, shall • be collected when the permit fee is paid and before the permit is issued. (Ord. No. 53, S. 4) ~~ Sec 35-14 ATTRACTIVE NUISANCE---It shall be unlawful for. the permittee to suffer or permit to remain unguarded at the place of excavation or opening any machinery, equipment or other device having the characteris- tics of an attra~ive nuisance likely to attract children and hazardous to their safety and health. (Ord. No. 53, S. 5) Sec 35-15 PROTECTIVE MEASURES---(1) The permittee shall erect such fence, railing or barriers about the site of the excavation work as shall prevent danger to persons using the village street or sidewalks and such protective barriers shall be maintained until the work shall be completed or the danger removed. (2) At twilight, there shall be placed upon the place of excava- tion and upon any excavated materials or structures or other obstructions to streets, suitable and sufficient lights which shall be kept burning throughout the night during the maintenance of such obstruction. (Ord. No. 53, S. 6) Sec 35-16 LIABILITY OF VILLAGE---This article shall not be construed r~ - 162 - as imposing upon the village or any official or employee thereof any liability or responsibility for damages to any person injured by the ~ performance of any excavation work for which any excavation permit is `.- issued hereunder. (Ord. No. 53, Sec. 7) , Sec. 35-17---35-22. RESERVED. Art. III SIDEWALKS AND DRIVEWAYS Sec. 35-23. SIDEWALKS---CONSTRUCTION REQUIRED IN CERTAIN CASES---(1) Before a building permit shall be issued for the erection of any struc- ture upon any plot of land in the village not improved by a paved and usable. sidewalk f'.ronting such plot, the plans for. such construction must include provisions for construction concurrently with the construction of the building of a sidewalk in accordance with specifications as set forth in Sec. 35-29. Subject to the approval of the village engineer, such sidewalk shall be built at the expense of the owner of such property. No certificate of occupancy shall be issued as to such building unless and until such sidewalk is completed. (2) The provisions of this section shall also apply to permits for the repairs of existing buildings upon any plot of land not improved • by such a paved and usable sidewalk in the case where the total cost of such repairs, as determined by the building inspector., shall equal or ex- ceed twenty-five per cent of the last assessed village tax valuation of ~-- the buildings to be repaired. (Ord. No. 17, Sec. 1) (3) Where a sidewalk would have to be constructed under Section 35-23(1) above, in that it fronted on a dedicated public street, and where a portion of such public street had not yet been constructed, the provisions of Section 35-23(1) shall be waived and the property owner shall deposit with the village a sum of money equal to the cost of con- structing said sidewalk. The cost of constructing said sidewalk shall be determined by the Building Inspector securing three bona fide bids and taking the lowest such bid as the determination of cost. It shall not be necessary in acquiring these bids to publicly advertise for same in a newspaper. The monies acquired by the village in lieu of the construction of a sidewalk under this subsection may be added to the general fund and notation made thereof on the building permit for said property. Upon the construction of the street in the dedicated right- of-way adjacent to the property under construction, it shall be the obligation of the village to construct a sidewalk at the same time that the street is constructed so that all improved properties in the village shall have sidewalks wherever the properties front upon a paved and usable public street. (Ord. No. 7-71, Sec. 1) ~ Se.c. 35-24. SAME---RIGHT OF APPEAL---Upon application in writing to the • building board of appeals of the village, the requirements set forth in Section 35-23 may be excepted upon the finding o:E the building board of appeals that the following rules are complied with Supp. No. 3 - 163 - • (1) That in any case where the cost of making such sidewalk im- provements shall be sho•,an to work an undue haxc}ship upon the owner, the l village council, upon recommendation by the board of appeals, may `~- enter into an agreement on behalf of the village with the owner whereby the village will furnish the materials and labor for construction of such sidewalk, such agreement to contain suitable provisions for the reimbursement of the cost of such labor and materials by the owner to the village over a term of years, secured in such manner as shall be provided for in such agreement. (2) That no building within the entire subdivision shall have a sidewalk in front of it. (3) That the subdivision without sidewalks would not be contiguous to an existing plat containing buildings with sidewalks. In other words, • ~- • Supp. No. 3 - 163.1 - that the platted subdivision without sidewalks would be wholly self- contained and its entrances to remaining lands in the village would be the sole connection between it and other subdivisions in the village. (4) That in any subdivision where sidewalks are excepted on road rights-of-way of sixty feet or less, there will be a minimum of twenty-eight feet o£ paved street provided. (5) That in any subdivision where sidewalks are excepted on road rights-of-way of eighty feet or less, there will be a minimum of thirty-£our feet of paved street provided. (Ord. No. 17, S. 1; Ord. No. 131-66, S. 1) Sec 35-25 DRIVEWAY CONSTRUCTION---PERMIT REQUIRED---No person shall construct initially, nor lower any curb, or change the grade o£ any sidewalk, for the purpose of providing a driveway across any sidewalk, or construct eny driveway across village property or street right of way, except upon complying with the provisions of this Chapter and upon a permit granted by the village. ord. No. 17, S. 2) Sec 35 26 SAME---PERMIT PROHIBITED IN CERTAIN INSTANCES---The vil- lage shall not grant a permit to lower any curb or change the grade o£ any sidewalk for the purpose of providing a driveway across such curb or sidewalk or to construct any driveway across village property when, in its opinion, the actual or intended use of such driveway would en- • danger pedestrians. In no case shall a permit be granted to use the space within the radius of a curb or street return, or of any sidewalk intersection, as a driveway. (Ord. No. 17, S. 2) .,c~,. -ti ......... ..._--_-~____. 1 Application for a permit, required by Section 35-25, shall be made in writing to the building official by the owner of the abutting premises, (2) Such application shall set forth the points at which such driveway shall begin and end, as measured from the property line of the first street intersecting such curb or sidewalk and shall be accompanied by a plan, if so required by the village engineer. (Ord. No. 17, S. 2) STRUCTION-•-AVseparate permit shall be required for sidewalk or drive- way construction or reconstruction. (Ord. No, 17, S. 1) Sec 35-29. SPECIFICATIONS---(1) In General. Sidewalks and driveways shall be constructed in accordance with the following specifications: (a) Sidewalks and driveways shall be constructed of Portland - 164 - Cement Concrete, using durable materials in such proportions that a hard dense product with a minimum twenty-eight day strength of two thousand five hundred pounds per square inch shall result. (b) Excavation shall be made to the required depth and the sub-grade or base, upon which the sidewalk or driveway is to be set shall be compacted to a firm even surface true to grade and cross section, by means of rolling and tamping, adding water if required to secure optimum compaction. (c) Grading shall be carried to a width of two feet beyond the edge of the proposed work. (d) Joints shall be of the open type. The joint shall be formed by staking a metal bulkhead in place and placing the concrete on both sides of it. After the concrete has set sufficiently to' preserve the width and shape of the joint, the bulkhead shall be removed. After the walk has been finished over the joint, the slot shall be opened and edged with a tool having a one-half inch radius. (e) The concrete shall be given a wood float finish, if appropriate, or a steel troweled finish, lightly brushed to remove slipperiness. The surface variations shall not be more than one- quarter of an inch under a ten foot straight edge nor more than one- eighth of an inch on the transverse section. The edge of the side- walk shall be carefully finished with an edging tool, having a radius of one-half inch. • (f) The concrete shall S be cured 1) by ponding or other recog- nized means. (Ord. . No. 17, ~~ (2) Sidewalks. Sidewalks shall be ~ at least five feet ~.n width and a minimum of four inches in thicknesstt subject to the approval of the village engineer. (Ord. No. 17, S. 1) (3) Drivewa s. In addition to the specifications set forth in Subsection (1 , driveways shall conform to the following specifications: (a) Minimum of six inches in thickness, including the side- walk section, with edges thickened to a minimum of eight inches. (b) Minimum of eight feet wide at the sidewalk and shall flare uniformly to a width of fourteen feet at the edge of the paving, unless extenuating circumstances as determined by the building official suggest a variance of this flare width, and in such instances the flare requirements shall be determined by the building official. (c) The profile shall follow the roadside swale so as not to interfere with drainage. (Ord. No. 17, S. 2) ~ - 165 - ENGINEER---Every driveway shall be constructed under the supervision of and subject to the direction of the village engineer, and according to plans and specifications of the village. Upon Failure to comply with all the terms of the permit, the permit may be revoked and the sidewalk and curb restored to its original line and grade and paid for out of the deposit required by Section 35-31. (Ord. No. 17, S. 2) Sec. 35-31. INSPECTION__FEES---DEPOSITS PENDING APPROVAL---(1) In consideration of the granting of a permit, the village is hereby authorized to charge a fee of ten dollars to cover expenses in con- nection with the inspection o£ the construction o£ a sidewalk, or driveway, including in the case of driveways across an existing walk, its ultimate restoration to original line and grade. No work shall be commenced until after grade elevations have been furnished by the village engineer. (2) The village is also authorized to require a deposit of Fifty cents per square foot for the returns, ramp and sidewalk to be altered to insure proper construction, such deposit being returned on final approval of the construction by the village engineer. (Ord. No. 17, S. 2) case any driveway, curb or sidewalk shall not be paved, repaved, re- • paired or restored according to the provisions of the permit, or this Chapter, the village engineer may order the same to be done under .his direction and For the owners account and the expense thereof, until ~'" paid, shall be a lien upon the abutting property and be filed as therefor provided. (Ord. No. 17, S. 2) applicant For a permit to make alterations as provided by this Chapter shall pay for the changing or removal of all public utilities occasioned by the construction covered by such permit, and shall post an additional deposit in an amount equal to the village engineers estimates of the cost of same. (Ord. No. 17, 5. 2) Sec. 35-34. DANGEROUS OR ABANDONED DRIVEWAYS---Should the vehicular or other use of any driveway, in the opinion of the village engineer, be or become dangerous to pedestrians, or should the use of such drive- way be discontinued or such driveway abandoned, then the village en- gineer shall give notice in writing to the owner o£ record of the abutting property to restore within thirty days such curb and sidewalk to the original or proper condition. (Ord. No. 17, S. 2) - 166 - Sec. 35-35. SODDING SWALE AF EA---It shall. be the obligation of the ~ owner of any residential property in the village w here a residence is ` under construction to sod the area between the lot line thereof and the s'tree't pavement, in a manner to be approved by the village engineer before the building inspector shall be authorized to issue an ocCUpai;cy permit for the residence upon said lot. (Ord. No. 8, Sec. 1) • ~~ - 166A - ' Chapter 36 SUBDIVISIONS Cross reference---Streets and sidewalks, ch. 35; zoning, ch. Q5. Art. I In General, SS 36-1---36-10. Art. II Procedure, SS 36-11---36-22. Art. III Plat Requirements, SS 36-23---36-43. Art. IV Design Standards, SS 36-l~G---36-60. Art. V Development Plan, SS 36-61---36-72. Art. VI Construction, SS 36-73---36-79. Art. VII Village Maintenance, SS 36-50---36-B1. Art. I IN GENERAL Sec 36-1. STATE AND LOCAL LAW ADOPTED---That for purposes of this Chapter the provisions of Chapter 177, Florida Statutes, 1953, as amended, and Chap- ter 31113, Special Acts, 1955, pertaining to the platting of lands within • the state and Palm Beach County respectively, are hereby adopted, and said measures taken together with the provisions of this ordinance shall consti- tute the regulations for the platting of land and development of subdi- -" visions within the territorial limits of the Village of North Palm Beach, Florida. (Ord. No. 25, S. 1) Sec. 36-2. DEFINITIONS---As used in this Chapter, the following words and phrases shall have the meanings indicated: (1) Council. The term "council" refers to the Village Council of the Village of North Palm Beach, Florida. (2) Surveyor. The term "surveyor" refers to a land surveyor registered in Florida and engaged by the developer to survey and plat the land proposed for subdivision. (3) Developer's Eneineer. The term "developer's engineer! refers to a professional engineer, registered in Florida and engaged by the de- veloper of the subdivision to plan and supervise the construction o£ the work. (k) Work. The term "work" includes all construction, and facilities and features of every kind, in, under and over the dedicated rights-of-way and drainage easements within and furnished in connection with the plat; -167- except domestic water supply, gas, sanitary sewage, electric power, tele- phone and street lighting facilities, and fire plugs, fire mains and i related facilities. (5) Prima.rv Roads a.nd Streets. The term "primary roads and streets" includes al.l existing and proposed roads and streets which are part of the primary road network of the county, or village, and all other existing and proposed roads and streets designated as primary roads by the council. (6) Secondary Roads and Streets. The term "secondary roads and streets" includes all existing and proposed roads and streets that are not primary roads and streets. (7) State Road Department Specifications. The term "state road department specifications" refers to the latest current road and bridge specifications adopted as standard by the State Road Department of Florida. (8) Current. The term "current" with reference to specifications, design standards, etc., refers to the time when a plat or development plan is presented for acceptance or approval. (9) Dead-end. The term "dead end" refers to a road or street that terminates within the subdivision, as distinguished from one that terminates at the subdivisions boundary. (Ord. No. 25, S. 2) • (10) Electrical transmission line (69KV---240KV). The term ~ "electrical transmission line" (69KV--240KV) refers to a main trunk ~--- line which is a line from power plant to substation. (11) Electrical main distribution feeder line (23KV--13KV). The term "electrical main distribution feeder line" (23KV--13KV) refers to a line from substation to transformer to serve single phase lateral. (Ord. No. 223-71, Sec. 1) Sec. 36-3. RESPONSIBILITY FOR ENFORCEMENT OF PROVISIONS---The village engineer shall administer these regulations under the direction of the village council. (Ord. No. 25, S. 2) Se.c. 36-4---36-10. RESERVED. Art. II PROCEDURE Sec. .36-11. PLAT AND DEVELOPMENT PLAN---PREPARATION---(1) When land is to be subdivided, a plat and a development plan shall be prepared. • (2) The plat shall be prepared by a registered surveyor, and the development plan by a registered engineer, all in accordance with the provisions of this Chapter. Supp. No. 3 - 168 - (3) To aid in avoiding unnecessary expense and delay, the sur- • veyor and the engineer shall furnish a plan to the village council for review preliminary plat and development and approval prior to the prepara- 1 a. tion of final developments plans and plat. As a further aid in the case • `.rr' ,r ~J Supp. No. 3 - 168.1 - of large tracts which are: to be developed in two or more increments, the village council will review and give tentative approval of proposed plat and proposed development plans o£ the whole of such tracts, whereupon the de- veloper may proceed with final plats, plans and development of the incre- l~ ments one at a time. (4) Tentative plats and tentative development plans will be reviewed for option holders, prospec,tivs buyers, etc., as well as for owners. (5) In reviewing a preliminary plat and development plan, the ' village council may require such changes and revisions as are deemed necessary in the interest and needs of the community. (6) The approval of a preliminary plat and development plan by the village council is tentative only, involving merely the general ac- ceptability o£ the layout submitted. Subsequent to approval o£ general acceptability of the layout and prior to filing a final plat, the village council shall review proposed plans and specifications pertaining to storm water drainage, street l.g'hting, street signs, fire hydrants, grading, and gradients. (7) Prior to review by the village council, the village engineer shall approve or make recoirmmendations for revision in the proposed plans and specifications, and he shall certify approval of final plans and specifications prior to approval of final plat by the village council. (Ord. No. 25, S. Q; Ord. No. 59, S. 1) • Sec. 36-12. SAME---REVIEW BY VILLAGE ENGINEER---(1) The plat and one white print of the development plan shall be submitted to the village ,,`~ engineer who shall review them for conformity with these regulations. (2) He shall furnish the develaper~s engineer with a written approval o£ the development plan if it is found to comply with these regulations, otherwise he shall furnish a written statement o£ its de- ficiencies. (3) He shall Furnish the developers surveyor with a written tenta- tive approval o£ the plat if it is found to comply, otherwise he shall furnish a written statement o£ its deficiencies. (Ord. No. 25, S. 4) Sec. 36-13. CONSTRUCTION OF WORK---After the development plan has been approved, the developer shall proceed according to one of the following methods: (1) The work shall thereupon be constructed under the supervision o£ the developers engineer and the village council shall accept the plat for filing as hereinafter prescribed in Section 36-1Q, or (2) The developer shall furnish a surety company bond as~herein- after prescribed in Section 36-15, guaranteeing the completion of the work within eighteen months, or v -169- (3) The developer shall enter into engineering and construction contracts for completion of the work within a realistic time limit speci- fied by the council, but not exceeding eighteen months, and shall cause a surety bond by the contractors named in such contracts running in favor of such developer and such village to be delivered to the village, all as hereinafter prescribed in Section 36-15. (Ord. No. 25, S. 4; Ord. No. 59; Ord. No. 73) Sec. 36-14. FILING PLAT---(1) Should the developer wish to construct the work without a bond or escrow agreement, in accordance with Section 36-13, his engineer shall, upon completion of the work, furnish the vil- lage engineer with a written certificate o£ such completion, accompanied by certain records and plans as prescribed in Section 36-7Q whereupon the village engineer shall recheck the plat, and if same is found to com- ply with this Chapter, the village council shall, on the recommendation of the village engineer, accept the plat for filing and accept the work for village maintenance. (2) Should the developer elect to furnish a bond guaranteeing completion of the work within eighteen months, in accordance with Section 36-13, the village engineer shall recheck the plat, and if same is found to comply with this Chapter, the village council shall, on the recom- mendation of the village engineer, accept the plat for filing contingent on the approved bond being furnished within ten calendar days. If the bond is not thus furnished the acceptance of the plat shall automatically • be voided, and the plat shall not be filed. On completion of the work the developers engineer shall furnish the village engineer with a written certificate of such completion, accompanied by certain records and plans as prescribed in Section 36 74, whereupon, the village council, ~"J on the recommendation of the village engineer, shall accept the work for village maintenance and release the bond. (3) Should the developer elect to enter into engineering and construction contracts for completion of the work within a realistic time limit specified by the village council, but not exceeding eighteen months, and place funds in escrow to finance said contracts, in accordance with Section 36-13, the village engineer, after the required contracts and escrow agreements have been made and approved, shall recheck the plat, and, if same is found to comply with this Chapter, the village council shall on the recommendation of the village engineer, accept the plat for filing, and upon completion of the work the developers engineer shall furnish the village engineer with a written certificate of such completion, accompanied by certain records and plans as prescribed in Section 36-74, whereupon the village council, on the recommendation of the village engineer, shall authorize final payments from escrow on the contract, release the escrow agreement, and shall accept the work for village maintenance, provided the developers engineer and contractor have been paid in full, i (4) The above bond and escrow requirements may be waived by the village council where it is determined by the council that the financial resources are satisfactory and acceptable. (Ord. No. 25, S• 4) - 170 - Sec 36-15 BONDS AND ESCROW AGREEMENTS---(1) After the development plan has been approved, and after the village council has accepted the plat for filing contingent on an approved bond being furnished within ten calendar days, the developer shall so furnish a surety company bond satisfactory to the village council, guaranteeing that within eighteen months the work shall be entirely completed in £ull accordance with the approved development plan and 'this Chapter. Copies of both shall be attached to and constitute a part of the bond agreement. If the bond is not thus furnished, 'the acceptance of the plat shall automatically be voided, and the plat shall not be filed. Extensions of the bond may be granted at the discretion of the village council. (2) In lieu of the bond arrangement mentioned in Subsection (1), and after the developer has entered into written contracts with a regis- tered engineer to perform all required engineering services in connection with the construction, completion and acceptance of the work, and after the developer shall have entered into written contracts with a qualified contractor or contractors for the construction of the work within a period of eighteen months or less, in full accordance with the approved develop- ment plan and this Chapter, the developer may cause to be delivered a surety bond by the aforesaid contractor or contractors in £orm satisfactory to the village attorney in the full amount of his or 'their contracts binding the surety to the developer and the village both jointly and separately to complete the work in full accordance with the contract or contracts in case the contractor or contractors default, and also containing provisions guaranteeing the payment of all labor and material in connection with such work. In any such Casa an executed copy of the complete engineering contract and an executed copy of the construction contract or contracts • shall be filed with the village concurrently with the aforesaid bond. (3) The above bond requirements and escrow agreements may be ,~ waived by the village council where it is determined by the council. that the financial resources are satisfactory and acceptable. (Ord. No. 25, S. 11; Ord. No. 59; Ord. No. 73) Sec 36-16 APPROVAL REQUIRED FOR PLAT RECORDING---No plat df any sub- division shall be entitled to record in the office of the Clerk of the Circuit Court of Palm Beach County or have any validity until it shall have been approved in the manner herein prescribed. (Ord. No. 25, S. 13) Sec 36-17 WHEN BUILDING PERMITS MAY BE ISSUED---Until the development plan and plat are submitted and approved, and the plat authorized to be filed for record in the office of the Clerk o£ the Circuit Court of Palm Beach County, Florida, no building in such development or subdivision shall be erected or commenced, and no building permit shall be issued by the village or in its name. (Ord. No. 25, S. 13) Sec 36-1B---36-22. RESERVED. - 171 - Art. III PLAT REQUIREMENTS Sec. 36-23. GENERALLY---(1) Overall requirements and conditions, In order to file a plat for any purpose except merely to record the boundaries of an ownership, the roads, streets, alleys and publicly owned parking areas shall be paved according the village requirements; all the require- ments of these regulations shall be met. The village shall then maintain the completed work as herein defined. (2) Villaae~s .iurisdiction. All facilities and construction of every kind built or performed within the public rights-of-way and drainage easements, including but not livnited to clearing, grubbing, earthwork, stabilization, bases, prime coats, seal coats, asphalt surface treatment, asphalt pavement, concrete bases and pavements, curbs, gutters, turnouts, sidewalks, sodding, landscaping, culverts, storm sewers, side drains, in- lets, catch basins, manholes, junction boxes, headwalls, endwalls, retain- ing walls, bridges and bridge work of all kinds, seepage wells, french drains, ditches, canals, and the like shall be subject to the village requirements in full. In addition, the village shall have jurisdiction over the location of poles, braces, guy wires, meter boxes, valve boxes, light standards, fire hydrants, and the like, to the extent of requiring them to be in the area which would become the planting space in the ulti- mately completed construction of primary roads and streets or within one foot of the sidewalk as shown for ultimately completed secondary roads and streets, jurisdiction over the locations and elevations of water piping, sanitary sewers, fire mains, underground cables and conduits, gas mains, and the like, to the extent of requiring that none of them • be located under either present or future pavement areas except where it is necessary to cross under the pavements, in which case the minimum ~, cover from top of future pavement to top of the underground installation shall be at least thirty inches; jurisdiction of the top elevations of meter boxes, inlets, catch basins, manholes, valve boxes and the like, to the extent of requiring that all water, sewer, gas, electric and communi- cation stubs, and the like, which cross under the pavement, be provided as part of the subdivisions development; and jurisdiction over the se- quence of construction to the extent of requiring that all underground installations of every kind that come under the pavement or within eight feet of its edges, shall be installed prior to the stablization of sub- grade and construction of pavement, to the end that the subgrade or pavement shall not be cut after it is built. (3) Limitations as to village maintenance. Nothing in these regulations shall be construed to mean that the village council shall take over for village maintenance any road, street, alley, public park- ing or other public area, or drainage facility related hereto, except those designed and built in accordance with the village requirements and taken over for village maintenance by specific village council action. Nothing in these regulations shall be construed as obligating the village to drain any land, except that which lies in the public rights-of-way and drainage easements. (Ord. No. 25, S. 3) ' - 172 - Sec, 36-24, CONFORMITY TO GENERAL LAW---(1) A plat shall be furnished, prepared by a registered surveyor. ~, (2) Tt shall comply with Chapter 177, Florida Statutes, 1953, and amendments thereto, and Chapter 3113, Special Acts, 1955, and with the requirements of this Article. (Ord, No. 25, Sec. 5) Sec. 36-2.5, DEDICATOR SHALL OWN LAND---The dedicator of the plat shall be the owner of record of the land at the time the plat is accepted for filing. (Ord, No. 25, Sec. 5) Sec, 36-26, TAXES SHALL SE PAID---All due taxes shall have been paid at the time the plat is accepted for filing. (Ord, No. 25, Sec. 5) Sec, 36-27. POSITIVE DRAINAGE---(1) The developer shall provide such facilities as may be needed to drain the subdivision to positive outlets that can be legal.l,y maintained in permanent use, or into a public drainage system of adequate capacity which discharges into such positive outlets, including all rights-of-way, easements and necessary construction, at no expense to the village. (a) Side ditches along public roads shall not necessarily be • considered as such public drainage systems or positive outlets. (Ord. No. 25, Sec, 5) L Sec. 36-27.1. DEDICATION OF PARK LANDS REQUIRED---(1) Every plat. of lands within the village shall provide for a dedication to the village of "usable land" equal:'in size to five per cent of the sul;~~vision tract, This land shall be used by the village for parks, playgrounds or for other recreational purposes as seems desirable by the village council, The term "usable land" shall mean land so located in relation to public streets or rights-of-way as to be accessible to the public and shall be of such grade and shape as to be usable by the village for the purpose of parks, playgrounds or other recreational facilities as is con- sistent. with other parks, playgrounds or recreational facilities in the village existing at the time of dedication. (2) If the village council determines that a suitable park, playground or other recreational facility of adequate size cannot be properly located in a plat or if the subdivided tract is less than twenty-five acres, the vil.:l.age council may require as a condition to approval. of any such plat a payment to the village of an amount equal to five per cent of the appraised value of the subdivision, which said money~sha:Ll be used by the village for parks, playgrounds or other i recreational. purposes in existing village parks, as close to the platted property as possible, or can be used tpward the acquisition. of property for parks, playgrounds or other recreational facilities in the neigh- borhood of the subdivision. (Ord. No. 196-69, Sec. 1) Supp. No. 1 -173- • Amendment note---Ordinance No. 196-69, from which Section 36-27.1 was derived, did not specifically amend the Code and has been codified as such section in the discretion of the Editors. Sec. 36-28. DEDICATION; WIDTHS OF RIGHTS-OF-WAY AND EASEMENTS---Rights- of-way for roads, streets and a7~ eys, casements.fior utilities, and rights- of-way and easements for drainage shall be dedicated to the public. The following widths shall be required: (1) State Roads. Right-of-way widths shall be determined separately in each case by the council after coordination with the State Road Department, (2) Primary Roads and Streets. Right-of-way width shall be at least eighty feet, forty feet each side of center line; provided however, that width in addition to the above required widths shall be provided if necessary to accommodate drainage. (3) Secondary Roads and Streets. Right-of-way width shall be sixty feet, thirty feet each side of center line, ~acept dead end roads which may be fifty feet; twenty-five feet each side of center line. (4) Alleys, Right-of-way width shall be twenty feet, ten feet each side of center line, (5) Utility Easements. Utility easements shall be five feet wide on each side of center line, parcel, and shall be identified on the plat as utility easements, Supp. No. 1. -173.1- • (6) Drainage Easements and Rights-of-Way. Easements and.right- of-way for drainage shall be of such widths as to adequately accommodate the drainage facilities to be put on them. Drainage easements shall be ' identified as such on the plat. (Ord. No. 25, Sec. 5) Sec, 36-29, CONTINUATION OF EXISTING ROADS AND STREETS---Primary roads and streets on the plat shall be Located so as to provide continuations and extensions of existing pr2mary roads and streets in adjoining sub- divisions. (Ord, No. 25, Sec. 5) Sec. 36-30, ACCESS---(1) Roads and streets shall provide access to adjoining land at intervals of not over 1/4 mile unless blocked by natural obstacles. (2) Every parcel of land in a subdivision shall have access to a public road or street. (Ord. No. 25, Sec. 5) Sec, 36-31. AI;LEYS---Alleys shall be provided behind all property zoned, restricted or used for other than residences, and may be provided behind residences,. (Ord. No. 25, Sec. S) Sec. 36-32, CONSTRUCTIONS ON EASEMENTS---The plat shall. contain a re- • striction prohibiting the placing of buildings on utility easements. It shall contain a restriction prohibiting buildings or any kind of consEruc- tion, or the planting of shrubs, or trees on drainage easements. (Ord. `~'~ No, 25, Sec, 5) Sec, 36-33, RESIDENCE LOTS---(1) Lots zoned, restricted, used or in- tended for use for residences shall have a width of not less than seventy- five feet. at the. setback line and an area of not less than 7500 square feet, (2) Corner lots shall have a width of not less than ninety feet at the setback Line and area of not 'less than 9000 square feet. (Ord. No. 25, Sec, 5) Sec, 36-34. BLOCKS---Maximum block size, as measured between center lines of•°Bbunaing roads and streets, shall be nominally 2000 feet, Any deviation from the above must have the approval of the council. (Ord. No. 25, Sec. 5) Sec, 36-35, CANALS---Canals used for boating shall have a minimum width of eighty feet, (Ord, No. 25, Sec. 5) • Sec. 36-36. RADII AT STREET INTERSECTIONS---Block corners at road and Supp, No. L -174- street intersections shall b2 rounded off if necessary to such radii as to enable adherence 'to the design standards of the American Asso- ciation of State Highway Off=vials both currently and when the inter- section is ultimately completed, (Ord. No. 25, 5. 5) Sec. 36-37. NAMES---(1) Names previously used for subdivisions in the village shall not be given to a new subdivision. (2) Roads and streets which form extensions or are located along the general projections of existing roads and streets, shall be named after the existing roads and streets; (3) New roads and streets shall not be named after existing roads and streets. (Ord, No. 25, S. 5) Sec 36-35 DEAD-END ROADS AND STREETS---(1) There shall be no dead-end alleys and no dead-end primary roads and streets. Secondary roads and streets, if dead-ended, shall terminate in a circle having a radius of not less than fifty £eet to the right-of-way line. The right-of-way line around the circle shall be joined to the right-of-way along the street by curves having at least. a fifteen-£oot radii. At least 100 feet shall intervene between the right-of-way of the circle and right-of-way of the nearest road or street or the nearest plat boundary. (2) As exceptions to Subsection (1), dead-end roads and streets • may be as long as: necessary 'to properly serve narrow island or narrow peninsulas bounded by watercourses, canals, or other bodies of water the crossing of which would require a bridge; and dead-end roads and ~, streets may be as long as necessary to properly serve other narrow land areas formed by such water or waterways in combination with permanent obstructions such as railroads, sewage treatment plants, limited access highways, and the like. (Ord. No. 25, 5. 5) Sec. 36-39. STREET LTGHTS---(1) Street lights shall be located at every intersection within the newly platted area, with the exacted corner to be as determined by the village building official and street lights to be placed at the end of every cul-de-sac. (2) There shall be no more than 300 feet between light standards on any single street. (3) These requirements shall apply to all streets, alleys, and service drives. (Q) The location of all light fixtures must be shown on the plat plan at time of submittal and must be erected in accordance with this Chapter prior to Final acceptance by the village, i (5) The plat shall also show on its face the location of the underground electrical distribution system along with the easements -175- for such, the dedication of this underground distribution system and • easements to the village by proper dedication clause. (Ord. No. 113- ` 65, S. 16) Sec. 36-w0. UNDERGROUND UTILITIES---(1) When required. The provisions of this section shall apply throughout all areas of the village which have not yet been platted, or if now platted, which have not been developed with buildings or other structures, including any areas of the village to be developed in the future without requesting that a~lat be filed on said property. Amendment note---Ord. No. 223-71, from which Section 36-40 was derived, became effective January 28, 1971. (2) Utilities, including franchised utilities, power and light, cable television, telephone and telegraph, water, sewer and gas, shall be con- structed and installed beneath the surface of the ground; provided, however, that this section is not applicable to the erection on the ground or flush to the ground of transformers, pull-boxes, service terminals, pedestal-type telephone terminals, telephone splice closures or other similar on-the- ground facilities normally used with and as a part of an underground dis- tribution system; nor to main feeder electric lines the principal purpose of which is delivering power between substations or from substations to local single-phase distribution systems. It is the intent of this section, in the case of electric power, that the underground requirement • is applicable to the underground residential systems set forth by the standards of the electric utility involved, using single-phase primary laterals, secondary and services necessary to serve a subdivision. It is ~.,,., not the intent to include an underground requirement for transmission or main distribution feeder lines serving more than the immediate area. (3) The subdivider or developer shall make the necessary cost and other arrangements for such underground installation with each of the persons, firms or corporations furnishing utility services involved. (4) The Village Council may grant modifications to any of the provi- sions of this section on its own initiative or upon application from the utility or developer whenever the property to be divided is of such size or shape or is affected by such topographical location or sub-surface or topographical conditions that it is impractical or economically unfeasible to conform to the sL-rict application of the requirements of this section. (5) The posting of a performance bond by the developer may be necessary to carry out the intent and purpose of this section. Utilities shall be constructed in assigned lanes where possible. (Ord. No. 223-71, Sec. 2) Sec. 36-41---36-43. RESERVED. Supp. No. 3 - 176 - Art, IV DESIGN STANDARDS ~• Sec. 36-44. USE OF ENGINEERING PRINCIPLES---The design of the work shall be in accordance with accepted engineering principles, with such limitations as are provided by this Chapter. (Ord, No. 25, `s. 6) Sec. 36-45. FLOOD PREVENTION---Such filling shall be done as may be needed in conjunction with an adequate drainage system to make the subdivision immune to flooding. (Ord. No. 25, S. 6) Sec. 36-46. PAVEMENT---PRIMARY ROADS AND STREETS---(1) Primary roads and streets shall be paved at least twenty-four feet wide. (2) The pavement shall consist of any eight-inch compacted thickness base topped with an asphalt prime coat and seal coat with 1'~ inches of asphaltic concrete. (3) The base shall consise of an approved lime rock, shell or any other material meeting the State Road Department specifications, and shall be two feet wider than the paving. The shell shall be capable of obtaining a density of 125 lbs. per cubic foot as determined by the modified AASHO maximum density procedure. • (4) Laboratory test data shall be submitted and approval received before shell is placed on subgrade. w (5) The shell shall be compacted to 100% of maximum density as determined by the modified AASHO maximum density procedure. (6) The base shall be thoroughly compacted and smoothly finished to the grades and cross sections shown on the plans. (7) The prime coat shall consist of cutback asphalt or tar uniformly applied over the completed and dried base, at the rate of 0.15 gallons per square yard, covered with clean sand, allowed to cure under traffic, then swept clean, (The rate of prime coat application shall be 0.25 gallons per square yard if a shell base is used.) (8) The previously prepared base shall be primed and a tack coat applied in accordance with the provisions of Section 100~of the • Supp. No. 3 - 176.1 - Florida State Road Department Specifications and the surface course consist of a 1'~ inch thick .Asphaltic Concrete Surface Course, Type shall II, applied in one course, in accordance with the provisirohs of Secffon 120 of the Florida State Road Department Specifications. (Ord. No. 25, Sec. 6) Sec. 36-47. SAME---SECONDARY ROADS AND STREETS---Secondary roads and streets shall be paved at least twenty feet wide, to the same specifi- cations in all respects as primary roads and streets, except that the thickness of the asphaltic concrete shall be one inch and the base shall be two feet wider than the wearing surface. (Ord. No. 25, Sec. 6)~ Sec, 36-48. ALTERNATE TYPES OF PAVEMENT AND SUBGRADE---(1) Alternate types of pavements and subgrades which, in the opinion of the village engineer, are equal or superior to those specified in Sections 36-46 and 36-47 may be approved, Applications for such approval shall be accompanied by written data, calculations and analyses which show by accepted engineering principles that the alternate types are equal or superior to the specified types. (2) Where a previously built pavement on primary roads and streets is being improved under the provisions of this Section, the thickness of previously laid asphalt tops of all kinds shall be counted as part of the thickness of the base, except that the thickness of previously laid hot mix asphaltic concrete tops in condition sub- • stantially as good as new may be counted as part of the thickness of the new asphaltic concrete surface course. Deficiency in base thickness ~, may be made up by a corresponding increase in thickness of the new as- phaltic concrete surface course. A prime coat shall not be required where the top of the base consists of previously laid asphalt. The prime coat, otherwise required, shall consist of cutback asphalt or tar uniformly applied over the completed and dried base, at the rate of 0.15 gallon per square yard, covered with clean local sand, allowed to cure under traffic, then swept clean. (The rate of prime coat appli- cation shall be 0.25 gallon per square yard if the base consists of approved local shell.) The tack coat shall consist of cutback asphalt, asphaltic cement of emulsified asphalt uniformly applied over the cured and swept primed base at the rate of 0.1 gallon per square yard. The 1'~ inch asphaltic concrete surface course shall be Asphaltic Concrete Surface Course, Type II, meeting State Road Department Specifications amended to provide that its thickness shall be determined from the lengths of cores bored or punched from the pavement at regular intervals of not more than 200 feet a.t various points on the cross section, and that the asphaltic concrete surface course on a given road or street shall be acceptable provided all cores measure at least 1'~ inches in length, and provided the average of all core lengths is at least l~Z inches, allowing only 1 3/4 inches for cores over 1 3/4 inches long. (3) Where. a previously built pavement on secondary roads and streets is being improved under the provisions of this Subsection, the thickness of previously Laid asphalt tops of all kinds shall be counted • as part of. the thickness of the base, except that the thickness of Supp. No. 1 -177 previously laid hot mix asphaltic concrete tops in conditions substanti- ally as good as new may be counted as part of the thickness of the new asphaltic concrete surface course. Deficiency in base thickness may be made up by a corresponding increase in thickness of the news asphaltic concrete surface course. A prime coat shall not be required where the top of the base cosnsists of previously laid asphalt. The prime coat, otherwise required, shall consist of cutback asphalt or tar uniformly applied over the completed and diced base, at the rate of 0.15 gallon per square yard, covered with clean local sand, allowed to cure under traffic, then swept clean. (The rate of prime coat application shall be 0.25 gallon per square yard if the base consists of approved local shell.) The tack coat shall consist of cutback asphalt, asphaltic cement or emulsified asphalt uniformly applied over the cured and swept primed base at the rate of 0.1 gallon per square yard. The one - inch asphaltic concrete surface course shall be Asphaltic Concrete Surface Course, Type II, meeting State Road Department specifications amended to provide that its thickness shall be determined from the lengths of cores bored or punched from the pavement at regular intervals of not more than two hundred feet at various points on the cross section, and that the asphaltic concrete surface course on a given road or street shall be acceptable provided all cores measure at least 3/4 inches, in length, and provided the average of all core lengths is at least one inch, allowing only 14 inches for coxes over 1-~ inches long. (Ord. No. 25, S. 6) Sec 36-49 PAVEMENT INTERSECTIONS---(1) Intersecting pavement edges shall be joined by circular returns of such radii as to meet the current • design standards of the American Association of State Highway Officials. .~ (2) Flush curb shall be installed around all radii at inter- sections. (3) Flush curb shall be considered as part o£, and included with, required pavement width. (Ord. No. 25, S. 6) Sec. 36-50. ALLEYS---Alleys behind other than residences shall be paved twelve feet wide to the same specifications as primary roads and streets, except subgrade stabilization shall not be required. (Ord. No. 25, S. 6) Sec 36-51 PUBLICLY OWNED PARKING AREA---(1) Publicly owned parking areas, except road shoulders and parking lanes along streets, shall be paved to such dimensions as properly fit the publicly owned area to be used for parking, and in all other respects they shall comply with the requirements for paving secondary roads and streets. (2) They shall have slopes not flatter than 0.003 £oot per £oot in the direction of flow. (Ord. No. 25, S. 6) Sec 36-52 MISCELLANEOUS ROADWAY STRUCTURES---(1) Curbs, gutters, - 178 - sidewalks, and all other construction in the rights-of-way and ease- ments pertaining to roads, streets, alleys and publicly owned areas, including the drainage thereof, shall be designed in accordance with accepted engineering principles, (2) Flush curbs shall be of concrete, twelve inches wide and ten inches thick. (3) Raised curbs, if provided, shall be of concrete, approxi- mately 7z inches wide, approximately 17 inches high, and standing approximately six inches above the gutter. (4) Sidewalks shall be four inches thick, with outside edge along the right-of-way line. They shall be five feet wide. (Ord. No. 25, S. 6) Sec. 36-54. DRAINAGE---(1) A complete system shall be provided for draining the roads, streets, alleys and other publicly owned areas in the subdivision, and for handling drainage runoff that comes into or across the subdivision from the outside. (2) The system shall be designed by accepted engineering prin- ciples for rainstorms of the maximum intensity predicted for the Palm Beach County area at three year intervals according to current State Road Department charts and data. (3) The water in the Swale may flow to the edge of the pavement. • (4) The runoff coefficients used shall be those which will be te de- l ft e er comp applicable to the areas involved in ,the calculations a ~, velopment has occurred. (5) The drainage systems shall be designed £or long life, low maintenance cost, and ease of maintenance by normal maintenance methods. (6) Roadside Ditches and Swales. Swales and small ditches within the rights-of-way, and Swales and small ditches of similar size and capacity elsewhere, shall have slopes not flatter than 0.001 £oot per foot in the direction of flow. Ditch pavement or other adequate permanent protection against scour shall be provided where necessary. Runo££ may be accumulated and carried in the Swales or ditches in the right-of-way along primary roads and streets up to but not above the point where flooding of the pavement or flooding of roadside property occurs; and runoff may be accumulated and carried in the Swale in the right-of-way along each side o£ a secondary road or street until the quantity is such as to result in a wetted area of 3.75 square feet or until the quantity is such as to result in flooding of roadside property after ultimate completion of the road or street, whichever quantity is the least. Water in excess of these quantitites shall not be carried in the roadside Swales or ditiches in the rights-of-way, but shall in- stead be diverted therefrom and carried away in storm sewers, or in outfall ditches or by other approved means separate from the roads or streets, All Swales shall be solid sodded with St. Augustine bitter -17'3- blue grace sod. No planting other than grass may be placed inside right-of-way except by village. (Ord. No. 218-70, Sec. 4) (7) Onen Channels. Out£all ditches and other open channels shall Ue designed eo they will not overflow their banks, and if practicably they shall bo designed for flow velocities that will not cause scour. Where higher velocities must A@ used, ditch pavemenC or other adequate permanent protection agAinst scour shall be provided. (8) 1:nverted Sinhone. Inverted siphons, if used, shall be da- signed for a low velocity sufficient to scour sand up and out of their downstream ends, and they shall not cause ponding in the*roadeide swales or. dit:ahes which will, produce wetted areas or conditions in excess of those allowed in this Chapter. (9) l;ridues. Bridles shall be designed in general accord wl.th current State Road Department practices: They ahall'be of reinforced concrete, or reinforced concrete and structural steal, with H-15-44 loading, and clear'roadway width between curbs and shall be at least as wide ae the paving approaching it. They shall have sidewalks at least 36 inches wide on one side and 12 inches safety curb on the other lido. (10) Miscellaneous DrainaQe.Structures.. Drainage piping of all kinds shall be fitted with headwalls, endwalls, inlets, or other appro- priate terminating or intermediate structures; except 12 inch and smaller • pipes under turnouts rosy be left with unprotected ends. The design of headwalls, inlets, endwalls, catch basins, manholes, ditch paving, box culverts, and minor drainage and related structuree in general, shall ~~' broadly follow current State Road Department practices. (Ord. No. 25, Sec. 6) Sec. 36-55. PROPER USE OP EASEML+NTS---UCilitiea shall not be placed on drainage easements or rights-of-way, and vita versa. (Ord. No. 2S, Sec. 6) Sec. 36-56. STREET LIGHTS---Mercury vapor lamps of at least seven thousand lumens shall be provided in accordance with the ,following specifications: (1) Light Poles. Light poles shall be: (a) Precast, prestressed concrete poles. (b) Tinted light green by manufacturer at time of pouring (painting not acceptable). (c) Class I or Type 1 style of pole; equate with minimum dim mensione of 8.9 inches by 8.9 inches at base end 4 inches by four inches at top; minimum breaking strength 1200 pounds; hollow core with borings to handle side mounted lamp and bracket and underground lead. Supp. No. 2 -180- (d) Thix°ty feet high. (2) Fixture Globe Lamp and Photo Control, Globe and fixture shall be Star-Lux Luminaries, Series 2330, side mounting, or equal, as approved by the building official. (a) Fourteen inch refractor and aluminum reflector with globe. (b) Automatic Latch type, (c) A.A.A.-I,E.S. Type light distribution of globe to be determined by the building official which shall be determined by the location of the light pole. (d) Receptable for photo cell on top. (3) In addition to the specifications set forth in Subsections (1) and (2), there shall be provided a photo control unit, all necessary bal- last, six-foot mounting brackets or mast arms made of aluminum, two-inch pipe size. All fixtures and arms are to be aluminum; only galvanized hard- ware is to be used; electrical work is to be performed in accordance with all village ordinances and subject to inspection. Underground leads to the pole shall be used, together with sll necessary accessories to put the light in operation. (Ord. No. 113-65, S. 16) • Sec 36-57 SAME---EXCEPTIONS---An exception may be granted to Section 36-56 by application to the building board of appeals o£ the village. Such exception may be granted by the building board of appeals if it ~~ finds that the applicant seeking a departure from the provisions of Sec- tion 36-56 meets the following standards or rules of guidance., (1) That the subdivision shall provide for the installation o£ lamps of at least 150 watts installed on private property throughout the entire platted subdivision with not less than one such light for each building lot within said subdivision. These lights must be erected on each building lot prior to the issuance o£ a Certificate o£ Occupancy for such building. The location of all such private light fixtures must be shown on the plat plan at the time of submittal. (2) Such street lighting must be controlled by a single switch £or the entire subdivision, which is operated by a mechanical device such as an electric eye, etc. (3) Such street lighting must be continually supplied by power and bulbs, and upon the failure of the private owners to furnish these, the village must have the power to replace bulbs and supply power to the lights. (¢) All such light fixtures shall be o£ the same design sand built to the same specifications, thus insuring uniformity of lighting within the entire subdivision. (Ord. No. 129-66) c: - 181 - Sec 36-58---36-60. RESERVED. Art. V DEVELOPMENT PLAN Sec 36-61 GENERAL DESCRIPTION---(1) The development plan shall be prepared by a registered engineer. (2) It shall consist of a set of engineering drawings which show the roads, streets, alleys, publicly owned parking areas and other publicly owned areas, and the drainage facilities relating thereto, plus certain other facilities, all of which are to be con- structed in, or in connection with, the subdivision. (3) It shall be accompanied by a copy of the engineering data, calculations and analyses upon which the drainage and other important features of design are based. (Q) It shall consist of one or more sheets, each 23 inches by 36 inches in outside dimensions; and insofar as lot, block, easemenhic right-of-way and boundary lines are concerned, and natural topograp features, it shall coincide exactly with the plat, though it may be drawn to different and various scales as appropriate. (5) It shall have a title, and shall show such general and detailed drawings of the entire work, including dimensions, elevations • and other data, as will enable a qualified contractor, working in ac- cordance with the plans and this Chapter under competent engineering ~V, supervision, to construct the roads, streets, alleys, and publicly owned parking areas, together with all related drainage facilities in entire compliance with the villages requirements. (6) The plan shall include all facilities needed to drain the subdivision to positive outlets that can be legally maintained in permanent use, or into a public drainage system of adequate capacity which discharges into such positive outlets. Sec 36-62. CONTGURS---(1) The development plan shall show, at one foot intervals, .using United States Coast and Geodetic Survey dattmt, MSL, the contours existing after development. (2) All elevations on the develspm~jt plan shall refer to the above referenced datum. (Crd. No. 25, Sec 36 63 WATER SUPPLY• SEWAGE DISPOSAL---The development plan shall show a statement as to the type of water supply and type of sewage dis- posal proposed for the subdivision. (Grd. No. 25, S. 7) (~ Sec 36-64 DESIGN DATA---(1) The engineering data, calculations and `' - 182 - analyses shall cover important features affecting design, and important Features of construction for which commonly accepted standards are not used, including but not limited to high water, subsurface soil data in mucky areas, drainage facilities o£ all kings, radii at intersections when the minimum standards of the American Association o£ State High~in Officials are inadequate, and alternate pavement and subgrade types which case similar and comparable data, calculations and analyses shall also be supplied for the specified types.) (2) The village engineers decision shall be final as to what data, calculations and analyses will be required; and they shall be sufficiently clear, concise and complete as to readily enable conclu- sive review by a registered engineer without £urthersre~jarch, investi- gations or calculations on his part. (Ord. No. 25, Sec 36-65 MATERIALS---STREETS AND ROADS-- Except as otherwise pro- vided in this Article, all materials used in the work shall meet State Road Department specifications. Of the materials included in said specifications, those selected for use shall be the ones appropriate for the intended purpose. (Ord. No. 25, S. 8) Sec, 6-66. SAME---METAL PIPE---Corrugated metal pipe shall not be used, except for culverts and shall be bituminous coated. (Ord. No. 25, S. 8) • SAC 36-67 SAME---DONCRETE---(1) Portland cement concrete having a 28-day compressive strength o£ not less than 2,500 p.s.i., or Portland ~~ cement concrete meeting State Road Department specifications, shall be used for construction such as but not limited to inlets, catch basins, manholes, sidewalks, curbs, gutters, gravity type headwalls, gravity type retaining walls, concrete turnout and roadway pavements, ditch paving, riprap, sign posts and right-of-way markers. (2) Portland cement concrete meeting State Road Department specifications shall be used for structures such as but not limited to cantilever headwalls, cantilever retaining walls, concrete culverts, concrete piling, concrete beams, structural columng)and slabs made of concrete, and concrete bridges. (Ord. No. 25, Sec 36-68---36-72 RESERVED. Art. VI CONSTRUCTION SPA '~6-73 METHODS---Construction methods shall be those prescribed in State Road Department specifications, except as follows: (1) Flexible bases shall be compacted in two layers, each ~. - 183 - aPProximately four inches thick, by one of the following methods: (a) By moistening the leveled out four-inch layer of material and rolling with a three wheeled or tandem roller weighing not less than eight tnns, at a rate not faster than one hour of rolling per 140 square yards of area. (b) By any method which, as measured by engineering tests, produces the density required by State Road Department specifica- tions. (Ord. No. 25, Sec. 8) Sec. 36-74. SUPERVISION---(1) Registered Engineer Shall Supervise. The work shall be constructed under the supervision of the developer's en- gineer, who shall be authorised to require and who shall require that it be constructed in accordance with the development plan and the re- quirements. He shall have authority to make minor changes in the de- velopment plan consistent with the requirements, but major changes shall not be made without the prior approval of the engineer. (2) Measurements and Tests Required. During construction the developer's engineer shall cause to be made field and Laboratory tests as are needed to assure that the work and materials conform with the development plan and the requirements of this Chapter. The results of these tests shall be submitted to the village engineer in duplicate. Road subgrades shall be sampled at 100 foot intervals and tested for the Florida Bearing Value. If a shell base is used field density tests shall be taken at 100 foot intervals to determine the in place dry ~. density. The methods of testing shall be those prescribed by the State Road Department or the AASHO. (3) Inspection by village engineer. The village engineer shall make such inspections as may be needed, before, during and after the construction of the work, to keep informed of the status of the develop- ment, and to generally assist all agencies involved in the work in main- taining the standards envisioned by these regulations. (4) Co~letion Certificate. On completion of the work the developer's engineer shall furnish the village engineer with a certifi- cate stating that the work has been entirely completed, that it was constructed under his supervision, and that it conforms to the develop- ment plan and the requirements of this Chapter. (5) Final Project Records. thecdeveloler'shengineertshallealsol care required by Subsection (4), P furnish the following: (a) One white print of the development plan, correctedi to show the work and all other facilities in the rights-of-way and drainage easements as actually built. (b) A copy of the results of the measurements and tests made (. on the work and materials to assure that they complied with the de- velopment plan and the county's requirements. -184- Supp. No. 1 (6) Completion Certificate ana r'inal rro:tec~ ne~~iu~ .~c4~.~«~• The work shall not be considered complete until the completion certificate and the final project records called £or in Subsections (4) and (5) have been furnished. (Ord. No. 25, S, 10) Sec 36-75---36-79. RESERVED. Art. VII VILLAGE MAINTENANCE Sec 36 80 VILLAGE SHALL MAINTAIN COMPLE4ED WORK---Upon its comple- tion in accordance with the development plan and the provisions of this Chapter, the work shall be taken over for maintenance by the village. (Ord. No. 25, S. 12) Sec 36-81 CONSTRUCTIVE ASSUMPTION OF MAINTENANCE---During the course of construction the council at its discretion may designate completed sections of the work as eligible for village maintenance, with such maintenance to actually begin only when the entire work is completed, and with the developer fully responsible in the meantime for proper maintenance of the designated section at his expense, and for turning it over to the village in condition equal to new when the entire work is completed. (Ord. No. 25, S. 12) • ~,• - 185 - Chapter 37 5W'IMMING POOLS Cross references---Buildings, ch. 6; plumbing, ch, 38; zoning, ch. 45; electricity, ch. 13; water, ch, 43. State law reference---Swimming pools and bathing places; ch. 170C, Florida Administrative Code. Ar't, I In General, SS 37-1---37=10, Art. II: Permits to Construct, SS 37-11---37-18. Art, III Technical Requirements, ss 37-19---37- Art. I IN GENERAL Sec. -1, DEFINITIONS---As used in 'this Chapter, the following words • and phrases shall have the meanings indicated: \~ (1) Private swimmine pools "Private swimming pool" is defined as any receptacle for water having a depth at any point greater than two feet, used or intended to be used for swimming or bathing, and constructed, inst',alled er maintained in or above 'the ground as an accessory structure to a single-family or multiple-family residence building, including hotels, motels, apartment houses, condo~uiniums, cooperatives, duplexes anal single-family residences,. all of which are .for the exclusive. use of the occupants of said residential buildings and their guests, (Ord, No. 165-67, S. 1; Ord. No, 14, S. 1) (2) Public swimming pool. "Public swimmning pool" is defined as any pool subject to the regulations of Chapter 1700-3, Florida Admir..istrative Code. (Ord. No. 14, S, 1) Editor's note---Chapter 1700-3, Florida Administrative Code, deals with swimming pools and bathing places. It was formerly Chapter 20, Florida State Sanitary Code. Se.c.. 37-2, FINAL APPROVAL BEFORE USE---A final approval by the building official shall be issued prior to any use made of any pool. (Ord. No. 14, S, 16) • S~.c 37-3---37-10, RESERVED. - 186 - Art, II PERMITS TO CONSTRUCT SPC 37 11 RE UQ IREll. APPLICATION: FEES---No person or firm shall con- struct, cause to be constructed, or maintain a public or private swim- ming pool without first obtaining a permit therefor. Application for the permit shall be made to the village building official and shall be accompanied by payment of a fee of Ten Dollars and by plans and speci- fications and other data prepared by a competent engineer or architect registered in the State of Florida sufficiently detailed for the pur- poses of this Chapter, The ten dollar permit fee is in addition to other construction permits for which fees have been established. (Ord. No. 14, S, 2; Ord. No. 23, 5. 1) Sec 37-12. PLANS---The plans, specifications and other data submitted shall be in duplicate and in sufficient detail to show: (a) Plot plan, (b) Pool dimensions, depths, and voltune, in gallons, (c) Type and size of filter system, filtration and backwash capacities, • (d) Pool piping layout with all pipe sizes shown and type of material, ~~' (e) Pool pump capacity, (f) Water disposal system. (Ord. No. 14, S• 3) Sec 37-13---37-15 RESERVED. Art III TECHNICAL REOUIRE[~NTS Sec 37-19. SETBACK---All village zoning set-back requirements shall be complied with in the plot location of any pool but in no event shall the set-back of the outside rim of a private pool be less than seven and one- half feet from the back property line and not less than five feet from the side property line, including a two and one-half foot walk around the pool. (Ord. No, 14, S. 15) 3~-20 Sec WATER CIRCULATION; VACUUM CLEANER---Every private swimming t t ~ . pool shall be either a £low-through type with a water turn-ove or a re-circulating type equipped with h e no r ra either a ~ exceeding ours, twenty roved equal of sufficient r an a t capacity pressure a id pp em o nd filter sys a water turn-over rate not exceeding twenty hours. An approved to prov e lR7 - type vactnan cleaner with suction hose shall be provided together with a l proper inlet fitting or fittings to attach the hose on the suction side of the filtration equipment. In pools up to and including thirty-six feet in length, at least one vacutan outlet in the mid-section of the pool shall be provided. Two outlets shall be provided for pools longer than thirty-six feet. (Ord. No. 14, § 4) Sec. 37-21. HAIR AND LINT STRAINIIt An approved hair and lint strainer o a type ease y access a arc aping shall be installed in the filter suction line to the pump. (Ord. No. 14, § 5) Sec. 37-22. SCAM-GUTTERS-There shall be an accepted type of scim-gutter at east across a eep earl of a rectarxlular shaped pool or along the edge of a mi.nvman of twenty-five per cent of the perimeter of an irregular shaped pool. (Ord. No. 14, § 6) Sec. 37-23. CROSS-~IV[~CPION OF FILTRATION A'~V~'~ ~ ~R SUPPLY-- No cross connections tween i tration equipment a is water supply lines will be allowed. The inlet pipe or valve for filling the pool shall be a minittnm of six inches above the rim of the pool. (Ord. No. 14, § 7) Sec. 37-24. FJ,FX'TR1•CAL D2UIPMINI~-Any electrical equipment connected to the poo s ina a approved by the Electrical Inspector. An electric junction boot supplying current for any under water light shall be located above any possible water height in the pool. (Ord. No. 19, § 8) Sec. 37-25. RD~iJIRII4QTTS EUR RDCIRCiJI.ATING PIPING AND FITTINGS-- (1) The rec>.rcu ating pipang ittuigs or swinmi.ng poo s s meet the following ra~cnii cements (a) The vacuum fitting(s) shall be located in an accessible position(s) below the water line. Vacuian or suction piping shall be schedule eighty (80) PVC, copper Type "L", brass or an apprr~ved equal. All other piping shall be equal to schedule forty (40) PVC. (b) Amain drain outlet shall be placed at the deepest point in every pool for recirculating aryl emptying the pool. Mininnan size shall be 2 inch T;D. (c) Pool recirculating piping, passing through the pool structure, shall be copper tubing with a minumun wall thickness of Type "L", schedule eighty (80) PVC, brass or an approved equal. Metal Pipe shall be bituminously coated. (d) Where pool heaters are installed, recirculating piping within four feet of the heater must be either copper Type "L", schedule eighty (BO) PVDC, or brass pipe. (Ord. No. 16-73, § 1) Sec. 37-26. TAMPING BA(3c-FIT3r--A11 back fill arwnd the pool shall be tamped in eig t sn ayers up to finish grade. (Ord. No. 14, § 11) REV 12/31/73 -188- Sec. 37-27. GRADE--The top of the rim of any pool shall rat k~e in excess o ee eet the average grade of the lard ~ rrowd?ng the pool. Sec. 37-28. PRIVATE POOIS--~ONSTRUCPICN-Private swiurming pools shall i • REV 12/31/73 -168.1- ~• be constructed of reinforced concrete, concrete block reinforced and ` poured after laying up, or of reinforced gunite construction, or of such equal alternate materials as approved by the building official. (Ord, No, 14, S, 13) Sec 37-~9 SAME---FENCES---(1) A fence or screen enclosure, designed to prevent children from inadvertently wandering into the pool, shall completely surround any private swimming pool; provided, however, that where a swimming pool is located on a lot which backs onto a public waterway, the fence or screen enclosure may be omitted across the back of the lot where the sides o£ the lot are protected by a fence which extends 'to the end of the lot where it meets the waterway in such a way that access to the swimming pool from adjacent lots on either side cannot be made. (2) The fence shall be a minimum of four feet high, and of such design, type and location as approved by the building official. The screen enclosure shall completely enclose the swimming pool. (3) All gates or doors opening through the fence or screen enclosure shall be equipped with a self-closing and self-latching dev.-ice designed and capable of keeping such door or gate securely closed at all times when not in actual use, and prevent any child from opening such door or gate, The door of ax~y dwelling Forming • part of the enclosure hereinabove required need not be so equipped. (Ord. No, 165-67, S, 2, S, 3, S, 4) (4) The building official is directed to conduct an inspection of all private swimming pools to determine compliance with this Section not less than one time per year and to enforce the provisions of this Section. (Ord. No, 165-67, S. 7) Sec 37-30 SAME---E7CCEPTIONS---(1) The village council may make modi- fication in individual cases, upon written petition making a showing of good cause with respect to the height, nature or location of the fence, wall, gates or latches, or the necessity therefor, or may permit other protective devices or structures in lieu thereof. (2) In making said modifications or special exceptions, the village council shall be governed by the following standards: The purpose of the Fencing requirement herein is to prevent small children from inadvertently wandering into family swimming pools. The council realizes that there are locations within the village where an unfenced family pool would not create an obvious hazard. In these areas where, due 'to the nonexistence of a substantial number of small children, no obvious hazard exists, the village council may grant modifications or special exceptions and may even dispense with the requirement for Fencing, (3) All such decisions shall be conditional and subject to revocation in the event circumstances or conditions change in the particular location. (Ord. No. 165-67, S. 5) - 189 - Chapter 38 TAXATION Charter reference---Taxation, Sec. Art. I In General, Secs. 38-1---38-10 Art. II Cigarette Excise Tax, Secs. 38-11---38-18 Art. III Insurance Excise Tax, Secs. 38-19---38-20 Art. IV Utility Tax, Secs. 38-21---38-25 Art. I IN GENERAL Sec. 38-1---38-10. RESERVED. Art.. II CIGARETTE EXCISE TAX • Sec. 38-11. LEVIED---RATES---An excise or privilege tax, in addition ~~ to all other taxes of every kind imposed by law, is imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution and use of cigarettes sold or to be sold at retail within the terri- torial limits of the village in the following amounts, except as other- wise provided by general law, for cigarettes of standard dimensions: (1) (a) Upon ali cigarettes, as herein defined,.four inches long or less, five and one-half mills on each cigarette. (b) Upon all cigarettes, as herein defined, more than four inches long and not more than six inches long, eleven mills on each cigarette. (c) Upon all cigarettes, as herein defined, more than six inches long, twenty-two mills on each cigarette. (2) The description of cigarettes contained in paragraphs (a), (b), and (c) of subsection (1) are hereby declared to be standard as to dimensions for taxing purposes as provided in this ordinance and should any cigarette be received, purchased, possessed, sold, offered for sale, given away or used of a size other than of standard dimensions, the same shall be taxed at the rate of one cent on each:such cigarette. • C3) Where cigarettes as described in subsection C1)(a) above, are packed in varying quantities oftwenty cigarettes or less, the Supp. No, 1 -190- follcwirg rato shall govern: (a) Packages containing ten cigarettes or less require a five and one-half cent tax; and (b) Packages containing more than, ten but not more than twenty cigarettes require an eleven cent tax. (Q) Where cigarettes, as are packed ir. varying quantities lowing rates shall govern: described in subsection (1) (b) above, of twenty cigarettes or less, the fol- (a) Packages containing ten cigarettes o:• less require an eleven cent t.ax; and (b) Packages containing more than ten but not more than twenty cigarettes require a twenty-two cent tax. (5) Where cigarettes, as described in subsection (1) (c) above, are; packed in varying quantities o£ twenty cigarettes or less, the fol- lowing rates shall govern: (a) Package containing ter. cigarettes or less require a twenty-two cent tax; and • (b) Packages containing more than ten but not more than twenty cigarettes require a forty-four cent tax. (Grd, No. 175-65, S, 1) Sec 38-12, COLLECTION---The tax levied and imposed herein shall be collected by the beverage department of the state in the manner pre- scribed in Chapter 210, Florida Statutes. (Grd. No, SC, S, 2) Sec ~5-13 CIGARETTE FUND• USE OF PROCEEDS_---All funds received by the village by virtue of this Article shall be paid into a separate fund to be designated ~~cigarette tax £und^ and shall be used and ex- pended only £or the purposes specified in Section 210,03, Florida Statutes. (Grd, No. SC, S. 3) SAC 35-14---3S-1S RESERVED, Art. III INSURANCE EXCISE TAX Sec, 35-19. CASUALTY INSURANCE PREMIUMS---In accordance with Chapter 1S5.GS, Florida Statutes, the village does hereby assess and impose on •• et.~ery insurance company, corporation or other insurer now engaged in or carrying on, or who shall hereafter engage in or carry on the business - 191 - (~ of casualty insurance as shown by the records of the state treasurer in his capacity as state insurance commissioner, an excise or license tax in addition to any lawful license or excise tax now levied by the village amounting to one per cent of the gross amount of receipts of premiums from policyholders on all premiums collected on casualty in- surance policies covering property within the corporate limits of the village. (Ord, No, 1Q3-1967, S, 1) Soc. 35-20, PROPERTY INSURANCE PREMIUMS---(1) In accordance with Chapter 175.101, Florida Statutes, the village does hereby assess and impose on every insurance company, corporation or other insuror now engaged in or carrying on, or who shall hereafter engage in or carry on, the business of property insurance, as shown by the records of the state treasurer in his capacity as state insurance commissioner, an excise or license tax in addition to any lawful license or excise tax now levied by the village amounting to two per cent of the gross amount of receipts of premiums from policyholders on all premiums collected on property insurance policies covering property within the corporate limits of the village: (2) In the case of multiple peril policies with a single premium for both the property and casualty coverages in such policies, seventy per cent of such premiums shall be used as the basis for the two per • cent excise tax referred to herein. (3) Said excise or license tax shall be payable annually on the ~,. first day of March of each year. (Ord. No. 159-67, S. 1) 1r 1 - 19z - Ar.t. IV UTILITY TAX ( Sec. 38-21.. LEVIED; FATE----(1) A tax in the amount of ten per cent is '.,e, hereby imposed and levied on each and every purchase. of.e.lectricity, fuel oil., metered gas and bottled gas (natural liquefied petroleum gas or manu- factured ga.s) within the corporate. limits of the village. (Ord. No. 199-69, Sec. 1; Ord. No. 222-71, Sec. 1) (2) Beginning January 1, 1971 the rate of taxation as set forth in Subsection (1) shall become five per cent instead of ten per cent, and all other provisions of this Article shall apply as they did to the ten pe.r cent imposition and levy of taxes; provided, however., that all moneys derived from the five per cent tax beginning January 1, 1971 shall be appropriated for recreational purposes only. (Ord. No. 199-69, Sec. 6) Sec. 38-22. COLLECTION---(1) The tax imposed and levied in Section 38-21 shall be collected from the purchaser of such utilities services and paid by such purchaser for the use of the village to the sellers of such electricity, fuel oil, metered gas and bottled gas (natural liquefied petroleum gas or manufactured gas) at the time of the purchaser paying the charge therefor to the seller. (Ord. No. 199-69, Sec. 2) (2) The sellers of electricity, fuel oil, metered gas and bottled gas (natural liquefied petroleum gas or manufactured gas) within the cor- • Porate limits of the village shall act as the tax collection mediums or agencies for the village, and they shall collect from the purchasers of such utilities services for the use of the village the tax imposed ~'° and levied by this Article and shall report and pay over to the village all such taxes imposed, levied and collected in accordance with the accounting methods and other provisions of this Article. (Ord. No. 199-69, Sec. 3) (3) The sellers of such electricity, fuel oil, metered gas and bottled gas (natural liquefied petroleum 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 fifteentfi day of each month. The accounting and reports which shall accompany such payment shall be v.pon 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 is determined by the village treasurer. (Ord. No. 199-69, Sec. 5; Ord. No. 222-71, Sec. 1) "Amendment note---Ord. No. 222-71 dated January 14, 1971 i added the words "fuel oil" wherever the phrase "Electricity, metered gas and bottled gas (natural liquefied petroleum gas or manufactured gas)" appeared in Sections 38-21 and 38-22. Sec. .38-23, F,XEMPTIONS---Th.e municipal government of the village, its commissions and agencies, shall be exempted from the payment of the tax imposed and levied by this Article.. (Ord. No. 199-69, Sec. 4) Supp. No. 3 - 192.1 - • Editor's note---Ordinance No. 199-69, from which Sections ~ 38-21 through 38-23 were derived, was enacted on November 13, 1969. Amendment note---Ordinance No. 199-69, from which Sections 38-21 through 38-23 were derived, did not specifically amend the Code and has been codified as such sections in the discretion of the Editors. I J1 J Supp. No. 1 -192.2- [7 Chapter 39 TRAFFIC Art, I In General, Sec. 39-1---39-10 Art. II Juvenile Traffic Offenders, Sec. 39-11---39-21 Art. III Traffic Code, Sec. 39-22---39-28 Art. IV Speed Limits, Sec. 39-29---39-36 Art. V Abondoned Vehicles, Sec. 39-37---39-45 Art, VI Truck Routes, Sec. 39-46 Art. I IN GENERAL • ~~, Sec. 39-1. DEFINITIONS---As used in this Chapter, the following words and phrases shall have the meanings indicated: (t) Reckless Driving. Any person who drives any vehicle within the village in such a manner as to indicate either a willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Driving a motor vehicle while under the influence of an intox- icating Liquor or narcotic or any other drugs when affected to the extent that the driver's normal faculties are impaired shall be determined to indicate either a willful or wanton disregard for the safety of persons or property in the village within the meaning of this Chapter. (Ord. No. 205-70, Secs. 1, 2) Amendment note---Ordinance No 39-1(1) was derived, did not and has been codified as such the Editors. 9-2---39-L0. RESERVED . 205-70, from which Section specifically amend the Code section in the discretion of Art, II JUVENILE TRAFFIC-OFFENDERS Sec. 39-I1. DEFINITIONS---As used in this Article, the following words and phrases shall have the meanings indicated: (1) "Juvenile Court" means the juvenile court of Palm Beach i County, Florida. (2) "Villa.ge Court" means the village court of the village. (3) "Child" means any married or unmarried person under the age Supp. No. 1 -193- of seventeen years, or any person who is charged with a violation of law occurring prior to the time that person reached the age of seven- teen years. (4) "Adult" means a person other than a child. ~,. I 11 J (5) "Parent" means the father or mother of a child or the natural mother but not the natural father of an illegitimate child. If a child has been legally adopted, the term "parent" means the adoptive rather than the natural mother or father. (6) "Lega'L custodian" means the legal guardian of a child, or the person who stands in loco parentis to and has the custody of a child. (7) "Violation of law" means violation of any provision of this Code relating to the regulation of traffic and the operation of motor vehicles. (ord. No. 66, Sec. 2) Supp. No, 1 -193.1- Sec ~o-~o VILLAGE ASSUMING JURISDICTION---The village does hereby assume jurisdiction over the apprehension, trial, hearing and dispo- sition of offenses committed in violation of the provisions of this Code relating to the regulation of traffic and the operation of motor vehicles when such offenses are committed by persons under seventeen years o£ age, and over which the juvenile court in Palm Beach County, Florida has heretofore been clothed with exclusive jurisdiction. (Ord. No. 66, S. 1) Sec 39-13 WHEN JURISDICTION OF COURT ATTACHES---The jurisdiction of the village court shall attach to the child and case when the child is taken into custody for any violation of law within the scope of this Chapter. (Ord. No. 66, S. 4) Sec 39-14 TAKING JUVENILES INTO CUSTODY---(1) Any child taken into custody for a violation of the law shall be released to a parent or legal custodian of the child upon agreement of the parent or legal custodian to produce the child in village court at such time as the coux•t may. direct. (2) The person taking and retaining a child in custody shall notify the parents or legal custodians of the child at the earliest practicable time thereafter. During the time the child is in custody, he shall not under any circumstances be placed in any police or other vehicle which at the same time contains an adult under arrest, nor in • a jail, police station, or other place of detention, except on general or special order of the judge; providing, however, where the child is ( involved in the same offense or transaction with adults, then such `~, child may be transported in the same vehicle with the adults so in- volved. (3) Whenever the person taking and retaining a child in custody is unable, for any reason to obtain agreement o£ the parent or legal custodian to produce the child in village court at such time as the court may direct, then and in that event such person taking and retain- ing such child in custody shall, without delay, deliver the child, by the most direct practicable route, to the juvenile court of Palm Beach County, Florida, or, if the juvenile judge has so ordered, to a deten- t9.on home or licensed child caring institution or county or city jail, within the county or district designated by the juvenile judge, and shall at the earliest practicable time report in writing to the court the facts by reason of which the child was taken into custody. (4) No child taken into custody shall be fingerprinted or photographed except by special order of the juvenile court judge, and no original nor any copy of any so taken shall be filed or recorded in any place other than the juvenile court of Palm Beach County, Florida. (Ord, No. 66, S. 3) Sec 39-15 FINDING• DISPOSITION OF CASE---(1) If the village judge • shall find that the child named in the charge or charges filed is not guilty of the violation of law therein specified, the judge shall enter an order so finding and dismissing the case. - 194 - r~ (2) If the village judge shall find the child named in the charge or charges to be guilty of the violation of law specified therein, then the village court shall have the power, by order, to: (a) Impose reasonable fines, costs of court, probation, and the suspension of any drivers license issued to such child, and the observance of any other special conditions which the judge of such court may legally impose under the charter and this code, In disposing of any such case, the village court may also require any such child to attend the sessions of any school conducted for the instruction of motor vehicle drivers in Palm Beach County, Florida. (h) If it should appear necessary or desirable in the dis- cretion of the village judge hearing any such case for any child to be detained or ordered confined £or any period of time in lieu of any other type o£ penalty or punishment, then in that event such case shall be transferred to the jurisdiction of the juvenile court, which court may thereafter hear and dispose of the same ab initio, and such offender shall be forthwith delivered to the proper offi- cials o£ such juvenile court, and a report of the proceedings had in village court be made in writing to the said juvenile court. In disposing of any such case, the village judge may exercise the right to suspend the drivers license of any such child for such time • and under such conditions as may be within the discretion of the judge hearing and disposing of such case. (Ord. No. 66, 5. 6) Sec 39-16. PROCESS AND PROCEDURE---(1) Process and procedure shall be identical as that followed for violations of law committed by adults, except that the age of the child shall be alleged therein. The hearing upon the charge or charges brought against the child shall be held as soon as practicable after the same are filed, but reasonable delay for the purpose of investigation or procuring counsel upon request of the child or a parent or legal custodian of the child shall, whenever practicable, be granted. (2) Hearings shall be conducted in an informal manner by the village judge, applying the rules of evidence in use in equity cases in circuit courts, and adjourning the hearing from tune to time as necessary. It shall not be necessary to the validity of any hearing concerning a child that the parents or legal custodians be present; howevex•, only the child involved in the case, the parents or legal custodians of the child, their attorneys, and such other persons as they may request or the village judge may direct, shall be permitted to be present. Hearings in cases involving more than one child may be held simultaneously where the several children involved are related to each other or were involved in the same transaction. The child and the parents or legal custodian of the child may be examined separately and apart from each other. (Ord. No. 66, S. 5) Sec. 39-17---39-21. RESERVED. - 195 - Art. III TRAFFIC CODE t ~. • `~ Sec, 39-22. MODEL TRAFFIC ORDINANCE ADOPTED---The Florida Model Traffic Ordinance. set forth as Chapter 186, Florida Statutes, 1957, is hereby adopted in its entirety as the traffic code in and for the village. (Ord. No, 41., Sec. 1.) Sec, 39-23. DELETIONS---(1) Sections 186.12, 186.39 and 186.0194 are speciffcall.y omitted and shall in nowise be considered a part of the traffic code of the village. (Ord. No. 41, Sec. 1) Sec. 39-24.. AMENDMENTS---(1) Section 186.0106(2) is amended to read as follows; "On streets where no curbing is provided and where park- ing is permitted by this Ordinance, every vehicle stopped or parked shall be so stopped or parked with the right hand wheels of such vehicle parallel with and not more than twelve inches from the right hand edge of the roadway." (Ord. No. 139-67, Sec. 1) (2) Section L86,0106 is amended by adding thereto Section 186.0106(3) to read as follows: "Between the hours of Two A.M. and Six A.M. on streets where no curbing is provided, the parking of a vehicle shall not ®surp more. than twelve inches of the paved portion of the. street." (Ord, No. 139-67, Sec. 2) Sec. 39-25---39-28. RESERVED. Art, IV SPEED LIMITS Sec. 39-29.. VEHICLES---In accordance with Section 186.77, and when signs are erected giving notice thereof, the speed limit shall be as set forth in this schedule upon those streets or portions thereof, and at the times specified herein: (1) On all streets within the corporate limits of the village, except those listed below, the speed limit shall be twenty-five miles per hour at all times, (2) On Prosperity 'Farms Road within the village, from the southern village boundary line to Teal Road, north, the speed limit shall be thirty miles per hour at all times. (3) Speed limit on all state highways located in the village shall be as designated by the Florida State Road Department. (4) The approaches to Lighthouse Bridge on Lighthouse Drive, in • Supp. No. 1. -196- either direction, shall have a maximum speed limit of twenty miles per hour at all times. (5) Betweer. the hours of 7:30 A.M. and 9:00 A.M. and between the hours of 2:00 P.M. and 3:30 P.M, the speed limit in the vicinity of schools or at such street intersections where heavy school traffic is found, the speed limit shall be fifteen miles per hour where signs are erected to that effect. Where public health, welfare and safety necessitates the use of school speed limits, such determination shall be made by the director of public safety. (Ord. No. 105, S. 1) Sec 39-30---39-36. RESERVED. Art. V ABANDONED VEHICLES Sec 39-37 PRIMA FACIE EVIDENCE OF ABANDONMENT---The leaving of any motor vehicle or bicycle on any public street or other public way, park or other public place within the village for a continuous period of forty-eight hours shall be prima facie evidence that such motor vehicle or bicycle has been abandoned. (Ord. No. 124-65, S. 4) • NOTIFYING OWNER---(1) When any motor vehicle ING ; Sec 39-35 IMPOUND or bicycle shal'1 remain upon. any public street or other public way, public park or other public gs•ounds of the village £or a continuous period of forty-eight hours or more, such motor vehicle or bicycle shall be taken possesion of by the director of public safety or any policeman of the village and stored at some convenient place. (2) If the owner of such motor vehicle or bicycle be known, he shall at once be notified that the motor vehicle or bicycle is in the custody of the department of public safety and directed to repossess himself of such motor vehicle or bicycle. (Ord. No. 124-65, S. 1) Sec 39-39 REPOSSESSION PRIOR TO SALE---The owner or any person having a lien upon such motor vehicle or bicycle may take possession of same at any time prior to the sale provided for in Section 39- but such per- son shall reimburse the village for all reasonable expenses for storage, advertising or other expense incurred in connection therewith. (Ord. No. 124-65, S. 3) Sec 39-40 SALE• NOTICE• CERTIFICATE TU PURCHASER---(1) If the residence or address of the owner or any person holding a lien upon such motor ve- hicle or bicycle cannot be ascertained, or if the owner or person holding • a lien upon the motor vehicle or bicycle fails to take possession of the motor vehicle or bicycle within ten days of ter the mailing of notice ~ hereinbefore provided for, such motor vehicle or bicycle shall be sold -197- at public outcry by the director of public safety at some place within the village. (2) A notice o£ said sale shall be posted in three conspicuous places in the village at least ten days prior to the date o£ sale. Such notice shall give the time and place of sale and describe the motor vehicle or bicycle to be sold. A copy o£ such notice shall be mailed to the owner and each person holding a lien on such motor vehicle or bicycle, if their address be known, at least ten days be- fore the date of such sale. (3) The village shall not guarantee title to such motor ve- hicle or bicycle or to deliver a title of ownership, but shall furnish the purchaser a certificate in substantially the following form: ~~Certificate No. CERTIFICATE OP SALE Village of North Palm Beach Police Department ° North Palm Beach, Florida • THIS IS TO CERTIFY that the following described motor vehicle/bicyycle was abandoned on the public highway of .~ North Palm Beach, Florida, and was placed in the custody of the Police Department, where it was held for twenty days, after which time, it having been impossible to find the owner o£ the same, or if found he failed to repossess same, this motor vehicle/bicycle was sold to the highest bidder after legal advertisement. This certificate o£ sale is therefore issued to , residing at ~, Make Year Engine No. Chassis No. ,~ u Dated at North Palm Beach, Florida, this day o£ 19 -198 - ...• Director of Public Safety N.B, This form to be in duplicate, the original given to the purchaser and the duplicate bound in a book. (ord. No. 124-65, S. 2) VILLAGE---(1) If any motor vehicle or bicycle shall be sold, the proceeds of such sale after paying all the costs actually expended for advertising or otherwise in such sale shall be deposited in the general fund of the village. (2) In additior, to the expenses actually incurred, the vil- lage shall be allowed a commission of five per cent on the gross receipts of such sale as compensation to the director o£ public safety for his time in caring for such property and making such sale, which amount shall also be paid into the general fund of the village. (Grd. No. 124-65, S. 5) • Sec. - aeu•~---iiviwlivv lui~ivai .. ......... .... ..._.....--------- --- - --(1) The proceeds of any sale paid into the general fund shall not be expended or disbursed for ninety days after the date of such ~'' sale, (2) At any time during such period the owner or any person having an interest in the motor vehicle or bicycle may, upon making proof of such ownership or interest, recover from such fund the pro- ceeds of the sale, less all the expenses of caring for such motor vehicle or bicycle, advertising and making such sale. (Ord. No. 124-65, S. 6) Sac 39-43---39-45. RESERVED. Art. VI TRUCK RGUTES Sec 39-46 WEIGHT LIMITATIONS ON CERTAIN STREETS---(1) It shall be unlawful for any person to operate or drive any truck in excess of three-quarters ton capacity over, across, or upon Anchorage; Drive and Lighthouse Drive in the village.. (2) This section shall not apply where such trucks are making deliveries to or picking up merchandise at residences or places of 'business located upon such streets. (Grd. No. 67, S. 1) - 199 - Chapter 41 ~• TREES AND SHRUBBERY Art. I In General,, Sec. 41-1---41-10 Art, II Trees in Swale Areas, Sec. 41-11---41-14 Art. III Landscaping, Sec. 41-16---41-23 Art. I IN GENERAL Sec. 41.-1---41-10. RESERVED. Art. II TREES IN SWALE AREAS Sec. 41-11. SWALE AREAS DEFINED---As used in this Article, the term "Swale areas" shall mean those areas lying between the street and the sidewalk which are the property of the village as part of its road and drainage right-of-way. (Ord. No. 207-70, Sec. 1) • Sec 41-12 PLANTING AND REMOVAL---WRITTEN APPROVAL REQUIRED---No trees shall be rcinoved or planted in the Swale areas except by the village or by private citizens who have obtained the written approval -_.- of the building inspector to plant or remove any tree. (Ord. No. 207-70, Sec. 2) Sec. 41-13. VARIETY AND LOCATION---The following regulations shall govern the variety and location of trees planted in Swale areas: (1) Only those trees set forth below may be planted in any Swale area. The Village Manager shall give due. regard to creating harmoni- ous tree plantings in each street and subdivision in determining what trees shall be planted in Swale areas: Palm: Adonidia; Cocos Plumose, Flowering Trees: Hong Kong Orchid; Bottle Brush; Tabebuia. Others: Black Olive; Mahogany; Tamarind; Silver Buttonwood; Mimusop; Clusia Rosea. The Manager should seek and consider the recommendation of the Beautification Committee in making such above determination. (Ord. No. 207-70, Se.c. 3; Ord. No. 6-71, Sec. 1) (2) Trees shall be planted at least five feet from the sidewalk except on cul-de-sac areas. (Ord. No. 207-70, Sec. 3) i Amendment note.---Ord. No. 6-71 repealed Subsection (3) of Sec. 41-13, which subsection regulated the number of trees planted per lot frontage. Sec. 41-14. CONFORMITY---EFFECTIVE DATE---The. terms of this Article Supp. No. 3 - 199.1 - shall apply to all new plantings in Swale areas and the village manager shall undertake a program to make all nonconforming tree plantings existing as of the date. of this Ordinance* conform to the plantings a,-, set forth i.n Secti.on 41-13(1) over a period of time not to exceed seven years from the date of passage of this Ordinance*. However, no plantings existing as of the date of this Ordinance* may be removed without the permission of the property owner adjacent to the Swale within five years of the date of this Ordinance* unless the planting is in terCering with drainage or ixtility lines. (Ord. No..207-70, Sec. 4) *Editor°s note---Ordinance No. 207-70, from which Section 41-14 was derived, was enacted on February 12, 1970. Amendment. note---Ordinance No. 207-70, from which Sections 41-1 through. 41-14 were derived, did not specifically amend the Code and has been codified as such sections in the discretion of the Editors. Art. III LANDSCAPING Sec. 41-1.6. OBJECTIVE---The objective. of this Article is to improve the appearance of certain setback and yard areas and including off- • street vehicular parking and open lot sales and service areas in the village, and to protect and preserve the appearance, character and value of the surrounding neighborhoods and thereby promote the general --- welfare by providing for installation and maintenance of landscaping for screening and aesthetic qualities, since the village council finds that the peculiar characteristics and qualities of the village justify regulations to perpetuate its aesthetic appeal on a village wide basis. (Ord. No. 14-71, Sec. 1) Sec 41-17 APPLICATION OF ORDINANCE; ENFORCEMENT---This Article shall be a minimum standard and shall apply to all areas i:n the village limits. (Ord. No. 14-71, Sec. 1) Sec. 41-18. DEFINITIONS---In construing the. provisions of this article and each and every word, term, phrase or part thereof, where the context will permit, the definitions provided in Section 1.01, Florida Statutes, and the following definitions shall apply: (1) Encroachment. "Encroachment" is defined as any protrusion of a vehicle outside of a parking space, display araa or accessway into a landscaped area. ~ (2) Landscaping. "Landscaping" shall consist of any of the. follow- ing or combination thereof: material, such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and nonliving durable material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving. Supp. No. 3 - 199.2 - (3) Shrubs. "Shrubs" regv.ired by this article shall be self-supporting, woody, eve:rgraen species, as normally grown in this area or this county. a.• (4) Trees., "Trees" shall be defined as self-supporting woody plants of species which normally grow to an overall height of a minima;m of fifteen feet i:n this area or this county. (.5) Vines. "Vines" are plants which normally require support to reach mature foam. (Ord. No. 14-71, Sec. 1) Sec. 41-1.9. LAN_DSCA_P_1'NG REQUIREMENTS FOR CERTAIN YARD AREAS, OFF-STREET PARKING AND OTHER. VEHICULAR USE AREAS---(1) All areas used for the. dis- play o.r parking of any a.nd all types of vehicles, boats or heavy con- struction equipment, wheaher such. vehicles, boats or equipment are self- propel.led. or not, a.nd all 'land v.pon which vehicles traverse the property a,s a Function of the primary use., hereinafter referred to as "other vehicular uses" including but not limited to activities of a drive-in nature such as, but not. Limited to, filling stations, grocery and dairy stores, banks, restaurants, and the like, shall conform to the minimum landscaping requirements hereinafter provided, save a.nd except areas used for parking or other vehicular uses under, on or within buildings, and parking areas serving single and two-family uses as normally such resid- ential areas are. voluntarily landscaped:. (2) Installation. All landscaping shall be installed in a sound work- . manship like. manner and according to accepted good planting procedures with the quality of. plant materials as hereinafter described. All elements of 13ndscaping exclusive. of plant material except hedges shall be its talled -r- so as to meet all other applicable code requirements. Landscaped areas shall re.quir.e. protection from vehicular encroachment as herein provided in Section 41-19(6)(7). A qualified representative of the agency charged with the issuance. of a building permit shall inspect all landscaping and no certificate of occupancy or similar authorization shall be. issued unless the. landscaping meets the re.gv.ir.ements herein provided. (3) Maintenance. T"r,.e owner, tenant and their agent, i.f any, shall be jointly and severally responsible for the maintenance of all landscaping which. shall be maintained in good condition so as to present a healthy, neat. and orderly appearance and shall be kept free from refuse and debris. The responsibility for maintenance as set forth herein shall include the Swale areas between the sidewalk and road pavemenC directly in front of the site. All landscaped areas shall be provided with a 'readily available water supply with a.t. least one oatlet located within fifty feet of all plant ma.teri.al to be ma.intaine.d. (4) Pl.an.t Material. (a) ual.it Plant materials used in conform- ance with provisions of this article shall conform to the Standards for u Florida No. 1. or better. as given in Grades and Standards for Nv:rsery Plants", Part I, 196.3, and Part II, State of Florida, Department of Agriculture, Tallahassee, or equal thereto. Grass sod shall be clean and reasonably E.r.ee of weeds and noxious pasts or diseases. Grass seed shall be delivered to the jobsi.te in bags with Florida Department of Agriculture tags attached indicati:tg tl;e se.ecl growers complian.:e. with. the department's quality control program. Supp. No. 3 - 199.3 - (b) Trees shall be species having an avarage mature spread of crown of. greater than fifteen feet i.n this area or this county and having tr:xnk(s) which can be. maintained in a clean condition over five feet of clear. wood. Tress h.a:ving an average mature spread of. crown less than fif- teen fe;e. t. ma.y be. s~..bstituted by grouping same so as to create the equiva- lent of a fi.ftc,en foot crown spread.. Palms shall be considered trees in accord with standards promulgated by the village co•~ancil. Tree species shall be a minimam of fiF.taen feet overall height immediately after planting. T. r.e.es of species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than twelve. £ee.t to such pub .ic works unless the tree root syse.em is completely contained within a harrier for which the minimam interior cont.a.ining dimensions shall be five feet square and five feat deep, aid for w"ri:ch th.e cons traction requirements shall be four inch thick concr.ate reinforced with ~F6 road mesh (6x6x6) or equivalent, A list of such tree species shall be maintain ad by the village. for the guidance. of the public. (c) Shrubs and hedges. Shrubs shall be a minimum of two feet in height when measured immediately after planting, liedges, where required, shall be planted and maintained so as toform a continuous, unbroken, solid, visual screen within a maximum of one (1) year after time o£ plant- ing. (d) Vines. Vines shall be a minimum of thirty inches in height, immediately after planting, and may be used in conjunction with fences, screens, or walls to meet physical requirements as specified. • (e) Ground covers. Ground covers used in lieu of grass in whole or in part shall be. planted in such a manner as to present a finished appear- s ance and reasonably complete coverage within three months after planting. (f) Lawn grass. Grass areas shall be planted in species grown as permanent lawns in this county. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas snbjact to erosion, and providing that in areas where other than solid sod or grass seed is used, n'ursegrass seed shall be sown for immediate effect. and p.rote.ction until coverage is achieved. (5) Required landscaping adjacent to public. rights-of:-w~. On th e site of a building o:r. stricture or open lot use providing an off-street parking area or. other vehicular usa area, where such area will not be entirely screened visually by an intervening building or structure from any abutting right-of.-way, excluding dedicated alleys, there. shall be provided landscaping between such area and right-of-way, as followse (a) A strip of land at least five (.5) feet in depth located between the. abutting right-ofi-way and the off-street parking area or other vehicu- lar use area which is exposed to an abutting right-of-way shall be land- scaped, such landscaping to inclade one tree for each fifty lineal feet or fraction the.'eof.. Such trees shall be located between the abutting right-of-way and eff-street par. king area or other vehicular use area and shall be planted i.n a planting area of aC least twenty-five square feet with a minimum dimension of at least five fact. In addition, a hedge or other durable landscape barrier of at. least two feet in height shall be placed along only the. perimeter of such landscaped strip. If such Sapp. No. 3 -1199.4 - durable barrier is of nonliving material, for each five feet thereof, one shrub or vine shall be planted abutting such barrier bnt need not be spaced five feet apart. Such shrubs or vines shall be planted '~ along the street side of such barrier unless they are of sufficient height at the time of planting to be readily visible over the top of such barrier.. T.he remainder of th.e required landscaped areas shall be land- scaped with grass, ground cover or other landscape treatment excluding paving; provided, however, that a non-living durable wall may be erected on the perimeter o:E the required landscaped area opposite the sidewalk or at any point at least three feet from the sidewalk within this landscaped area., No such landscape barrier wherever located under this subsection shall exceed three feat in height or ba less than two feet in height. (b) All property other than the required landscaped strip lying between the right-of-way and off-street parking area or other vehicular use area shall be landscaped with at least grass or other, ground cover. (c) Necessary accessways from the public right-of-way through all such landscaping shall be permitted to service the parking or other vehicular use areas and such accessways may be subtracted from the lineal dimensions used to determine the number of trews required. (6) Perimeter landscaping relating to abutting properties. On the site of a building or structure or open lot use providing an off-street parking area or other vehicular use area, where such areas will not be • entirely screened visually by an intervening building or structure from abutting property, that portion of such area not so screened which lies between the front edge of the property and the front building line shall -- be provided with a hedge or other durable landscape barrier not greater than three feet in height nor less than two feat in height to form a continuous screen between the off-street parking area or other vehicular use area and such abutting property; provided, however, that that portion of such area not so screened which lies between the front building line and the rear line of the property shall be provided with a hedge or other durable landscape barrier not greater than six feet in height or less than two feet in height to form a continuous screr..n between the offstreet parking area or other vehicular use area and Bach abutting property. Such landscape barrier shall be located between the common lot line and the off-street parking area or other vehicular use area exposed to the abutting property provided the purpose of screening off= street parking area and other vehicular use areas is accomplished, If such barrier consists all or in part of plant materials, such plant materials shall be planted in a planting strip of not less than two and one-half feet in width. In addition, one tree shall be provided for each seventy-five lineal feet of such landscape barrier or fractional part thereof. Such. trees shall be located between the common lot line and the off-street parking area or other vehicular use area. Each such tree shall be planted in at least twenty-five square feet of plan*_ing area with a minimum dimension of at least five feet. Each such planting area shall be l~rdscaped with grass, ground cover or other lands:ape material excluding paving in addition to the required tree. The provi- • sions of this subsection shall not be applicable in the following situations: Supp. No. 3 - 199.5 - (a) When a. property line abuts a dedicated alley, or to those • Portions of the property that are opposite a building or other structure located on th.e abutting property. (b) Where a proposal parking area or other~behic:ylar use area abuts an e:xi.=_~t.i.ng h.e.dge o.r other durable. landscape barrier on an abutting property, said existing barrier may be used to satisfy the landscape barrier requirements of this subsection provided that said existing barrier meets all applicable. standards o:f this article and protection against vehicular encroachment is provided for hedges. (c) Where the abutting property is zoned or used for nonresidential uses, only th.e. tree prevision with its planting area'as prescribed in this subsection shall 'be required; however, the number of trees may be reduced to one tree for e.'t~ary one hundred twenty-fiva lineal feet or fraction thereof but al.l perimeter requirements shall apply within the front setback ax~~a.. (d) Where abutting property owners desire to share their parking lots, the requirements of a perimeter hedge between the two owners may be eliminated provided that the gross area of landscaping which has been eliminated is placed elsewhere in the parking area, so that the total amount of landscaped area will not be lessened by eliminating the perimeter hedge. (7) Parking area. interior, landscaping. Off-street parking areas • shall have at Least ten square feet of interior landscaping for each parking space excluding those spaces abutting a perimeter for which landscaping is required by other sections hereof and excluding all park- -- ing spaces which are directly served by an aisle abutting and running parallel to such a perimeter.. In addition, other vehicular use areas shall have one square foot of landscaped araa for each one hundred square feet or fraction thereof of paved area for the first fifty thou- sand square feet excluding the first five thousand square feet of paved area plus one square foot. of landscape area for each two hund.rad square feet or fraction thereof of paved area for all paved area over. fifty thousand square feet; prowided,however, in areas zoned for industrial use these requirements shall ba reduced by fifty percent. Where the property contains both parking areas and other vehicular use areas, the two types of areas may be separated for the purposes of datermining the other Fehicular use arFa by first multiplying the total number of park- ing spaces by four hundred and subtracting the resulting figure from the total square footage of the paved area. Each separata landscaped area shall contain a minimum of fifty square feet and shall have a adnimum dimension of at least five feet and shall include at least one true having a clear trunk of at least five feat, with the remaining area adequately landscaped with shrubs, ground cover or other authorized landscaping material not to exceed three feet in height. The total num- ber of trees shall be not less than one for each one hundred squares feet or fraction thereof of required interior landscaped area. Such land- scaped areas shall be located in such a manner as to divide and break up the expanse of paving. In other vehicular use areas where the strict appli.:ation of this subsection will seriously limit the function of said area, the required Svpp. No. 3 - 199.6 - landscaping may be located near the perimeter of the paved aria includ- ing such perimeters which may be adjacent to a building on the site. Such required interior landscaping which is relocated as t+erein provided ~ shall be in addition to the perimeter landscaping requirements. Tha Front of a vehicle may encroach upon any interior landscaped area when said area is at least threw and one-half fact in depth par abutting parking space and prot~:cted by wheel stops or curbing. Two feet of said landscaped area may be part of the required depth of each abutting park- ing spa.ce.. (8) SiR'ht distantz f:r la.ndscaping adjacent to przblic rights-of-way anal. points of access. When an accessway intersects a public right-of- way or when the subject property abuts the intersection of two or more public rights-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between three feet and six feet, provided, however, trees or palms having limbs and foliage trimmed in such a manner that no limbs or: foliage extend into the cross-visibility area shall be allowed, provided they are su located so as not to create a traffic hazard. Landscaping except required grass or ground cover shall not be located closer than three feet from the edge of any accessway pavement. The triangular areas above referred to are: (a.) The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right- . of-way line with two sides of each triangle being ten feet in length from the point df intersection and the third side being a line connect- ing the ends of the two other sides. (b) The area of property located at a corner formed by the intersection of two or more public rights-of-way with two sides of the triangular area being thirty feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a ling connecting the ends of the other two lines. (9) Existing plant material. In instances where healthy plant material exists on a site prior to its development in part or In whole, for thr_ purpose of off-street parking or other vehicular use areas, the agency charged with the issuance of building permits may adjust the application of the above mentioned standards 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. (Ord. No. 14-71, Sec. 1) Sec, 41-20. COMMITTEE OF ADJUSTMENT CREATED---MEMSN: LCS HIY---YttuGGllu ttr, FOR ADJUSTMENT OF STANDARDS---APPEAL TO VILLAGE COUNCIL---(1) Committee of Adj+istment. There is hereby created a committee of adjustment to consist of the village manager, the chairman of the beautification committee, the building inspector and the chairman of the village appear- ance board. (2) Proced-u.re: for adjustment of standards. The committee of adjust- ment, upon receipt of an application for adjustment of landscaping re- quiremenes provided herein which is filed on forms prescribed by the Supp. No. 3 - 199.7 - village and executed and sworn to by the owner or tenant of the property concerned or by authorized agents as evidenced by written power of attorney, and accompanied by a fee of twenty-five dollars ~, shall have the authority and duty to consider and act upon such application. The applicant shall, in the application, clearly and in detail state what adjustment of requirements are being requested, and the reasons such adjustments are warranted, and shall accompany the application with such supplementary data, such as sketches, surveys and statistical information as is deemed necessary to substantiate the ad- justment. The committee may approve, modify or deny the requested adjustment, but shall approve or modify only if it determines that approval of any adjustment would not be contrary to the public interest and would be in keeping with and would preserve the intent of this article and that literal enforcement of the above standards would be impracticable and would result in unreasonable and unnecessary hard- ship. The committee of adjustment shall act as expeditiously as poss- ible on the application, and shall post their decision in the form of a short, concise statement of the action taken on a conspicuous bulletin board in the village hall. (3) Appeal to Vi11aQe Council. Within ten days after posting of d ecision, but not thereafter, any decision of the committee of adjust- ment may be appealed by the applicant upon the payment of a fee of twenty-five dollars, to the Village Council; otherwise, it shall become final. The appeal shall be on a form prescribed by the Village and filed with the building inspector and the petitioner shall be notified • of the time and place the appeal will be heard by the village council. The appeal shall state in brief, concise language the grounds and rea- sons for reversal of the ruling made by the committee of adjustment; ~' and the village council may affirm, modify, or reverse the ruling of the committee of adjustment subject to the guides and standards govern- ing the committee. Neither the committee nor the village council shall entertain requests for adjustments from higher standards required by this article. (ord. No. 14-71, Sec. 1) Sec. 41-21. OTHER APPLICABLE REGULATIONS---(1) The provisions of this article shall apply only to new off-street parking uses or other vehi- cular uses. (2) The provisions of this article shall be subject to other applicable regulations where such regulations are more restrictive and are not otherwise inconsistent with the provisions of this article. (3) The builditi~.g inspector shall have the authority to issue a certificate of completion to the owner or to the contractor or subcon- tractor which shall. indicate the portions of the construction and development which Y.iave been completed according to plan and building code requirements. Certificate of completion shall not authorize ' occupancy or partiasl occupancy of the building or premises. (4) Accessways., The maximum width of a residential accessway through the perimeter landscaped strip to an off-street parking or other vehicular uses area shall be twenty feet fc~r two-way vehicular Supp, No. 3 - 199.8 - • mevemr_nt and ten feet for one-way vehicular movement. For commercial and industrial rssas, the maxiar:m width for accessways shall be two times that for residential uses. No more than one two-way acccssway a~ shall be permitted for any street frontag_ up to one hundred lineal feet or no more than two one-way accessways shall be permitted for any street frontage up to one hundred lineal feet, such standards to be applicable to any property under one ownership. Where. such ownership involves over one hundred feet of street frontage., one additional two•-way or two additional one-way drives may be permitted for earl: additional on: hundred feet of frontage or major fraction thereof. The balance of such street frontage. not involved with accassways shall be landscaped in accordance with the provisions of this a.rticl•~. (5) The provisions of this article shall not apply to properties upon which single family or two-family dwellings are or a.re to be erected. (Ord. No. 14-71, Sec. 1) Sec 41-22 PLOT USE PLAN APPROVAL PREREQUISITE TO ISSUANCE OF YERML'PS FOR BUILDING AND PAVING---COMPLETED LANDSCAPING REQUIRED FOR CERTIFICATE OF USE AND OCCUPANCY---Except for single family and two-family dwellings, prior to the issuance of any permit for paving which is included under the provisions aE this article, a plot use plan shall be submitted to and approved by the agency charged with the issuance of building permits, subject to review and approval of such other agencies as may be deemed advisable by the building permit agency. The plot plan shall be drawn • to scale, including dimensions and distances, and clearly delineate the existing and proposed parking spaces, or other vehicular use areas, access aisles, driveways, sprinklers or water outlet locations, and "' the location,•size and description of all other landscape materials, the location anal size of buildings if any to be served, and shall desig- nate by name and location the plant material to be installed, or, if existing, to be used in accordance with the requirements hereof. No permit shall be issued for such building or paving unless such. plot plan complies with the provisions hereof, and no certificate of vse and occu- pancy shall be issued until `.the landscaping is complete, and it shall be unlawful to occupy the premises unless the landscaping is installed in accordance with the approved plot plans and the requirements hereof. (Ord. No. 14-71, Sec. 1) Sec, 41-23. OFF-STREET PARKING LANDSCAPE MAN"JAL---The building inspector's office siaall prepare and from time to time revise an off-street parking landscape manual and make the same available to the public, which manual shall provide an illustrative interpretation of tl:e above. standard; and suggested guides for landscaping in accordance with the abooa standards. (Ord. No. 14-71, Sec, 1) Editor's note---Section 2(b) of Ordinance No. 1/+-71, from ~ which Sections 41-16 Chrough 41-23 were derived; stated that "if any regnirement of this ordinan~.e shall conflict with the..location or height of walls a5 set forth in Section 45-36 of the Village of North Palm Beach Code, then the provisions of Section 45-36 of the Village o:E North Palm Beach Cod: shall prevail." Stipp. No. 3 - 199.9 - Sec. 41-24. LANDSCAPING REQUIREMENTS FOR EXISTING IMPROVED NON-RESIDENTIAL PROPERTIES---(1) Objective. The objective of this • Section is to improve the appearance of commercial areas in the Village which were improved prior to the adoption of Ordinance No. 1.4-71 on September 23, 1971 and to protect and preserve the appearance, character and value of the surrounding neighborhoods and thereby. promote the general welfare by providing for installation and maintenance of landscaping for screening and aesthetic qualities; for additional drainage capabilities and for the improvement of the quality of air within the Village. The Village Council finds that the peculiar characteristics and qualities of the Village . .. justify these regulations to.be applied to improved nonrreafdential properties which were in existence prior to the adoption of Ordinance No. 14-71, which requires landscaping for new construction. Editor's Note---Ordinance No:.14-71, referred to. above, appears in this Code as Sections 14-16 through Section 14-23. (2) Landscaping Requirements. Except as provided hereafter, the provisions of Sections 41-18 through 41 20, both inclusive, of this Code shall apply- to all non-residential propertg which was improved prior.to the adoption of Ordinance No. 14-71, which adopted Code Sections 41-18 through 41-20, both inclusive, of the Village of North Palm Beach Code. (3) Exceptions. (a) For the purposes of this Section, Section 41-19 (5) (a) • is amended to read as follows: °-~ "A strip of land at least three. feet in depth located between. the abutting right-of-way and the off-street parking area or other vehicular. use. area, .which.ia exposed to an abutting. right-of-way. ehall.be landscaped. In addition, a hedge.or other. durable landscape. barrier of at least two . feet in height shall be placed along only.the perimeter.of such landscaped at.rip, If a.durable barrier ia.of a..non-living.material;.for each.five feet thereof .one shrub or.vine. shall be planted.ab.utting. auch.barrier.,..but need not be spaced .5ve feet .apart.: •. Such ahruba_or.:vines .ahall.be.......... planted along the street aide:of such barrier unless- they are of sufficient height at the time of planting to .be.readily visible.over. the top of such barrier: The remainder of the required landscaped.area shall. be. . landscaped with grass, ground..cover. or other landscape treatment,. excluding paving; provided;. however, that a non-living durable wall - may be erected on the perimeter of she. required.landscaped area oppo site the sidewalk within. this landscaped area::.No.such landscape barrier wherever located under.this. subsection shall. exceed three feet in height or be less than two feet in height. i (b) Section 41-19 (8) shall not be applicable to properties covered by this Section. 4 -199.10- Supp, No. • (c) The provieione of Section 41-19 as applied to properties under this Subsection shall be amended by adding at the end thereof, the follow- ing paragraph: "In no event shall the provieione of Subparagraph 41-19(7) be applied so as to cause the property to have less than the minimum number of park- ing spaces required under the applicable provisions of the zoning chapter of the Village of North Palm Beach Code. (4) Effective Date. The provieione of this Section shall be in effect on or befgFesDecember 31, 1974. All landscaping plane intended to comply with the provisions of this Section shall be first presented to the Community Appear- ance I~+oard of the Village for its review and recommendations. Sec. 41-25 REFUSE CONTAINER AREAS---(1) On the site of a building or structure where refuse containers are not or will not be entirely screened visually by an intervening building or structure from any abutting right-of-way (excluding dedicated alleys) or any parking lot where the public is invited to park, there shall be provided landscaping or fencing between such refuse containers and the abutting right-of-way or parking area to which the public is invited so as to screen the refuse containers from such areas . The provi- sions of Sections 41-19(2) (3) (4) . 41-20, 41-21,41-22,41-23 and 41-24 shall • pertain to refuse container screening where applicable. '-' (2) Effective date. The provisions of this section shall be in effect on or before December 31, 1974. All screening plans intended to comply with the provisions of this section shall be first presented to the Community Appear- ance Board of the Village for its review and recommendations." (Ord. No. 2-73) REV 7/31/73 -199.11- Chapter 44 WEEDS AND BR:OSH Cross reference---Garbage and txas'h, ch. 18; health ar_d. sanitation, ch. 1.9. Art. I In. General, SS 44-1---44-1G• Art-„ II Weeds Near Thoroughfares, SS `4._.1]----.,%1~-)-5. Art. I IN' G13N~:R.AI, Sec. 44-1---44-10, RESERVED. Art. II WEEDS NEAR ;'HORO~iri~FARE`', • Sec. 44-11. PROHIBITED---No owner o.f any l.ot, pl.aco or area within the village, or the agent of such owner, shall permit on such Lot, p-ace or area, or upon any sidewalk abutting tkte same, any weeds which are -- eighteen inches in height or over that may be growing, lying or. located thereon. (Urd. 124-65, S. 5) Sec. 44-12. NOTICE TO DESTROY---(1) TYte villag•~ manager is hereb}r authorized and directed to notify in writing the owner of any such lot, place or area within the village or the agent, of such owner t;o cut, destroy and/or remove any such weeds which are eighteen inches in height or over, from gx•owing, lying or located iu such owr_c;r's property, or upon the sidewalk abutting same. (2) Such notice shall be by registxred mail addressed to said owner or owttsr's agent at his last known address and shall be sent one time each year on or about .April lst, advising said owner or owner's agerrL o£ the necessity to cut, destooy and/or remove any such weeds which are in violation of this ordinance. throughout the forthcoming year at any and. all times that such weeds exceed eighteen inches. (3) No other notice shall be sent hereunder t:rt]-ess the owner or ownex•'s agent requests such notice in writing. If such written re- quest is made, the village manager shall notify said. owner or owner's agent each time weeds on his property reach eighteen. inches by direct mail and shall wait £ive days £rom date of mailing for the weeds i:o • be cut, destroyed and/or removed before pror..eeding as set forth in Section 44-13 0£ this Chapter. (Ord. No. 124-6~, S. 5; Ord. No. 144.-67) - 200 - Sic 44-13 REMOVAL BY VLLLAGE---Upon the failure, neglect o'r ref:_sal of any owner or agent so notified, to cut, destroy azld/or remove wends which are eighteen inches i.n height or over, growing, lying, or located upon such owners property, or upon the sidewalk abutting same, the vialage manager is hereby authorized anal empowered to pay .for the cut- ting, destroying and/or removal o£ such weeds which are eighteen inches in height or over, or to order the removal by the village employees.. (Ord. No. 124-65, S. 5), Ord. No. 144-6'7) Se.c. ~<-14. OWNER TU BEAR CUST---When the village has e.ffec'ted the removal of such weeds or has paid for their removal, the actual cost thereof, plus accrued interest at 'the rata of six per cent per annum from the date o£ the completior. of the work, if noC paid by such owner prior thereto, shall be charged 'tv the owr~t;r of such property oxi thu next regular tax bill forwarded to such owni:r by i~tte; vill.agas, ar.d said charge shall be due and payable by said owner a't thtr. time oi' payment, of such tax bill. (Ord. No. 124-65, S. 5) Sec 44 15 RECORDED STATEMENT CONS1'1:TIJTES L:LGN---(1) W1'rer~e the full amount due the village is not paid by such owner wi.th:i.n sixty days after the cutting, destroying artd/or removal of such weeds which art: eighteen inches in height or over, then, and in Char, case, the vil- lage manager shall cause t~o be recorded in the mortgage office of the village a sworn statement showing the cost and expense incurred For the work and the date, place or property on which sa:i.d work was done, • and the recordation of such sworn statement shall const:it'ute a lien and privilege on the property, and shall remain in full force and effee't for the amount due in principal and interest, plus costs of court, if ~' any, for collection, until fi:rral payment has been made. (2) Said costs azxd expenses shall be collected in the xnanxier faxed by law for the collection o£ taxes and, further, shall. be suL-jec't to a delinquent penalty of six per cent in the event same is not paid i.n full on or before the date the tax bill upon which sa:i.d charge ap- pears become delinquent. (3) Sworn statements recorded in accordance; with the provisions hereof shall be prima facie evidexrce that all legal formalities have been complied with and that 'the work has been done properly and satisfactorily done, and shall be full notice to every person conce>rned that the amouxrt of the statement, plus interest, constitutes a chaz•ga agairs t robe property designated or described in the statement and 'that the same is due and collectible as provided by law. (Ord. No. 124-65, S. 5) J -201- ZONING Cross reference---Buildings, Ch. 6 Chapter 45 Art. I In General, Sec. 45-1---45-15 Art. II Generally, Sec. 45-16---45-26 Art. III District Regulations, Sec. 45-27---45-39 Art. IV Board of Adjustment, Sec. 45-40---45-43 Art. V Planning and Zoning Advisory Board, Sec. 45-44---45-48 Art. VI Amendments-Fees; Waiting Periods, Sec, 45-49---49-50 Art. I IN GENERAL Sec. 45-1. SHORT TITLE---The provisions embraced within this Chapter shall be known as the "Zoning Code" and may be so cited. Sec. 45-2. DEFINITIONS---For Che purpose of this Chapter certain words • and terms are defined as follows: ~`, Accessory use is a use customarily incident and accessory to the principal use of land or building located on the. same lot. Accessory building shall include a building customarily incident and accessory to the principal use of land or building located on the same lot. In R-1 and R-2 residential dwelling districts an accessory building shall be limited to an automobile garage. (Ord. No. 16-71) Detached fence storage area is a storage area attached to a fence erected on the. property line in conformance with fence requirements of the North Palm Beach. Code. Such storage area shall not excaed three feet in depth nor be longer or higher than the fence to which it is attached. Said storage area shall be constructed of the same material, design and color as the fence to which it is attached and the fence and storage area shall be constructed of opaque materials which properly screen the interior of the storage area from the view of the adjacent property owners. Detached fence storage areas shall not be erected closer to the street than the adjacent front wall of the main building. No such storage area shall be erected unless its constrsetion conforms to Village ordinances. (Ord. No. 16-71) i Drug store. is a store engaged in the sale of prescription drsgs and other items not necessarily related to pharmaceuticals. Dwelling is any building or. structure designed exclusively for residential occupancy. A dwelling may be designed for one family,, two family or arsltiple Supp. No. 3 - 202- family occupancy, but not including hotels, clubs, motels, boarding or lodging houses or house trailers whether such trailers be mobile or located in stationary fashion as when on blocks or other foundation. Floor area is all -usable floor space within the exterior walls of a structure. The front, side and rear line of a building shall be deemed and construed to include both the main portion of such structure and all projections therefrom, including any garage, carport, or an extended roof beyond the normal eave or cornice forming a cover or roof over an enerance to such dwelling. Any awnings or shutters supported by vertical posts, columns, or pipes shall also constitute the building line. The building line shall not include the eaves of such stractures nor any open terraces, stoops, steps, or planting boxes which do not extend more than four (4) feet above the level of the yard grade. Front yard is that area between the front building line and the front line of the lot, and extending from one side line to the other, Living area is that area within any dwelling or rooming unit, measured between the inner sides of the exterior walls, made usable for human habitation, with the following exceptions: any utility room or storage space that is not accessible from within the principal structure; all common corridors, hallways or exits provided for access or vertical travel between stories of apartments of anilti-family • units. A lot is a parcel of land occupied or to be occupied by one main .._._ / ,I J Supp. No. 3 - 202.1 - building and its accessory buildings with such open and parking spaces as are required by the provisions of this ordinance, and having i.is principal frontage upon a street. A lot of record is a part of the land subdivision, t:he map of which has been. recorded in the office of the Clerl: of the Court of Palm Beach County, Florida. A motel is a group of two or more attached, detached, or semi- detached buildings containing guest rooms or apartments with auto- mobile storage or parking space provided in connection therewith, designed and used primarily by automobile transients, A pharmacy is an establishment engaged in the preparation of prescription drugs and the sale of drugs, prosthetic supplies, surgical instruments and supplies, and sale and/or retrial of aids for invalids. A rear yard is that area between the rear building line and the rear Lot line, and extending from one side line to the other. On all lots the rear yard shall be in the rear of the front yard facing the street. A side yard is that area between the side building line and the side line of the lot and extending from the front building line to the rear building line. The word "occu ied" shall be deemed to include 'the words "arranged" • "designed" or "intended to be occupied." A story is that portion of a building between the surface ~..~ of any floor and the surface of the floor next above i't, or, if there be no floor above it, then the space between any floor and the ceiling next above it. A street is any public or private thoroughfare which affords the principal means of access to abutting property. It may be designated on the map as a street, avenue, boulevard, drive, .place, court', road, terrace, way, circle, Lane, walk, path or otherwise. The word "used" shall be deemed to include the words "arranged", "designed" or "intended to be used." A yard is the open space on the same lot with 'the main building, unoccupied and unobstructed from 'the ground upward. Cross reference---Definitions for code in general, Sections 1-2. Sec 45-3. :INTERPRETATION OF PROVISIONS---In interpreting and apply- ing the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of 'the public health, safety morals and general welfare of the community. (Ord. No. 20, Sec. 13) `• Sec. 45-44, CONFLICT OF PROVISIONS---(1) Tt is not intended by this - 203 - ordinance to interfere with or abrogate or annul any easements, covenants ar other agreanents between parties. (2) That where this Chapter imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, ccrvenants, or agreeirnnts, the provisions of this Chapter shall control. (Ord. No. 20, Sec. 13) Sec. 45-5. CHANGES AND AMENDMENTS--~1'Ite village c~uicil may from time to tune, on its Gwn motion or on petition, amend, supplement, charxJe, modify or repeal by ordinance the bourriaries or districts or regulations or restrictions herein established, after public hearing. (Ord. No. 20, § 14) Sec. 45-6. PIIIALTSt FOR VIOLATION OF PROVISIONS- Any person who shall o ate any o e provisions o s pter or fail to oanply therewith or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved thereunder, upon oce;viction thereof shall be punishe9 as provided in Section 1-B, and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any buildings or premises or part thereof, where anything in violation of this Chapter shall be placed, or shall exist, and any architect, builder, contractor, • agent, person or corporation employed in connection therewith shall each be guilty of a separate offense and upon conviction thereof shall be punished as provided in Section 1-9. (Ord. No. 20, § 16) .a.. Sec. 45-7--45-15. RESERVID. Art. II (~FT1FRAr.r.y Sec. 45-16. DIVISION OF VILLAGE INFO DISTRICTS; DISTRICTS in er to c s1 , regu ate an restrict a uses o ui dings, the height and bulk of buildings, the amount of open spaces about buildings, intensity of land use, the Village of North Palm Beach, Florida is divided into eight districts, as follows: R-1 - Single Famti.ly Dwelling District R-2 - Multiple Family Dwelling District R-3 - Apartment Dwelling District C-A - Camiercial District C-lA - Limited Camtiercial District C-1 - Neighborhood Ca~mercial District REV 12/31/73 -204- C-2 - General Cmmercial District P - Public District C7 :~ J In the creation of this Chapter of the respective districts, the village council has given due and careful consideration to the peculiar suitability of each district for the partiailar uses and regulations applied thereto and to the densities of population, all in accordance with the comprehensive develogrent plan of the village. (Or+d. No. 20, Sec. 3; Ord. No."29; Ord. No. 169; Ord. No. 180; Ord. No. 208-70, §1; Ord•. No. 10-73, § 1) Sec. 45-17. OFFICIAL ZQdING MAP- (1) Adopted by reference. The aforesaid stricts a es ereof are as own upon e Official Zoning Map" which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this Chapter as if the inforniation set forth on the Map was all fully described and set out herein. (2) Identification. The Official Zoning Map shall be identified by the signature o~ a I~ attested by the Village Clerk, and bearing the seal of the Village under the following words: "'This is to certify that this is the Official Zoning Map referred to in Section 3 of Ordinance No. 20 of the Village of North Palm Beach, Florida, as amended," together with the date of the adoption of this ordinance.* *Editor's Note--OLdinanoe No. 208-70, fran which S ectton above was derived, was enacted on March 12, 1970. entry shall be signed by the mayor and attested by the Village clerk,, and the official changes shall be made upon the Official Zoning Map by hatchiux7 or other appropriate means, including redraft by an engineer so as to reflect the original map and the d~anges thereto with all official notations thereon. (b) No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in ocnformity with the procedures set forth in Subsecti~ (3)(a). Any unauthorized change of whatever kind or any failure to make a change when directed (3) Stan es. (a) If, in accordance with the provisions of this Chapter changes are in district bourrlaries or other matter pc~trayed on the ~ Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the ~nerdment has been approved ~i' the village council, with an entry on the Official Zoning Map as follows: "On (date), by official action of the village council, the following change(s) were made in the Official Zoning Map: (brief description of nature of change)," which REV 12/31/73 -205- by ordinance by any person or persons shall be considered a violation of this Chapter and punishable as provided under Section 45-6 of this Code. (4) Location; Final Authority. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the office of the village clerk shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the village. (5) Damaged; Destroyed, etc. In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to inter- pret because of the nature or number of changes and additions, the village council may by resolution adopt anew Official Zoning Map which'.shall supersede the prior Official Zoning Map.; The new official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such corrections shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereto. The new Official Zoning Map shall be identified by the signature of the Mayor attested by the village clerk and bearing the seal of the village under the following words; "This is to certify that this Official Zoning Map supersedes anij replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. 20 of the Village of North Palm Beach, Florida." • Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prier map or any significant parts J thereof remaining shall be preserved, together kith all available records pertaining to its adoption or amendment. Each replacement Official Zoning Map shall be numbered in consecdtive order as adopted. (Ord. No. 20, Sec. 3; Ord. No. 208-70, Sec. 1) Sec. 45-18. BOUNDARY CONFLICT INTERPRETATIONS---Where uncertainty exists as to the boundaries of any district shown upon the zoning map, the following rules shall apply: (1) Where district boundaries are indicated as following street, alley or lot lines, said lines shall be construed to be such boundaries. (2) Where any public street or alley'is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting land shall apply to the portion of such street or alley added thereto by virtue of said vacation or hbandonment,. (3) In case any further uncertainty exists, the village council shall interpret the intent of the map as to the location of such boundaries. (Ord. No. 20, Sec. 3) • Sec. 45-19. BUILDINGS AND USES TO CONFORM TO DISTRICT REGULATIONS--- Except as hereinafter provided: Supp. No, 1 -205.1- A. No building. shall be erected, reconstructed or structurally altered, nor shall any building or land be used which does not comply with the regulations for the district in which such building or land is located. B. No building shall be erected, reconstructed or structurally altered to exceed the height or bulk limits herein established for the district in which such building is located. C. The minimum open spaces around a main building as provided for in this Chapter shall not be encroached upon or be considered as open spaces for any other building. D. There shall not be more than one main building and its customary accessory building on a lot as defined by this Chapter. E. The uses of buildings and land publicly owned and used in • Supp. No, 1 -205.2- [ne performance of a public function may be permitted in any district provided sucli use is approved by. the .Village Council; (Ord. Na: 20, Sec.. 4) • Sec. 45-20. ANNEXED LAND IN R-1 DISTRICT---Any land hei•eaft~r annexed to the Village of North Palm Beach, Florida, by ordinance or by legislative definition of the municipal boundaries, shall be designated ae part of the R-1 Single Family I;lwelling District until rezoned by, ordinance after public hearing with published notice as prescribed by law.. (Ord. No. 35") Sec. 45-21. OCEANFRONT LAND IN R-1 DISTRICT---That portion of the Village of North Palm Beach, land and water, lying between the west bulkhead line of Lake Worth ae eatab~iahed by Ordinance No. 18, and the mean high water line of the ocean., is classified by this ordinance as R-1 Single Family Dwelling Da'stt'ict until Such time,as a comprehensive plan of development for said area has'tieen prepared and the. ordinance is amended accordingly, (Ord. No. 20,E 4) Sec. 45-22... OCEANFRONT LAND---OCEAN SETBACK---There shall lie's building setback. line of not less than fifty feet from the dune line, or one hundred feet from the.highwater line, whichever distance is. greater, for all property bordering on the Atlantic Ocean. The measurement of the setback from the dune'-line and' 4he highwater line shall be to the closest edge of any building to be constructed on-' the Atlantic oceanfront. (Ord. No. 23-72, § 1) • Sec. 45-23---45-28. RESERVED. ' Art. III DISTRICT REGULATIONS Sec. 45-27. R,1 SINGLE FAMILY DWELLING DISTRICT---A. USES PERMITTED. Within any R-1 Single Family Dwelling District no building, structure, land or water shill be used except for one or more of the following uses: 1. Single family dwellings with accessory buildings customarily'incidb:at~ . thereto. . 2. Public schools. 3. Parks and recreation facilitiea..owned or leased by or operated under the supervision of the Village of North Palm Beach. 4, Detached fence storage areas. (Ord. No. 17-71) ° •- ~- B. BUILDING HEIGHT REGULATIONS. No main building shall exceed two (2) atosies in height and na e~ccessory building more than one (1) story. Supp. No. 4 -208- , C. BUILDING SITE AREA REGULATIONS. The minimum lot or building site area for each single family de :lling shall be seven thousand five hundred (7,500) square feet and have a width of not less than seventy-five (75) feet, measured at the building line. D. YARD SPACE REGULATIONS. 1. Front yard. There shall be a front yard of not less than twenty-five (25) feet measured from the street line to the front building line. • Supp. No. 4 -206.1- • 2. Rear Xard. There shall be a rear yard of not less than twenty (20) feet measur~~ran the rear building. line to the rear lot line. 3. Side Yards. There shall be a side yard on each side of the side kuilding~ine of not less than ten (10) feet.. In the case of cbxner lots, no building and no addition to any building shall be erected or placed nearer than twenty (20) feet to the side street line of any such lot. (a) For a distance of one block on streets intersecting U. S. #1, measured fran the right-of-way line of said U. 5. #1, side yards of at least twenty-five (25) feet in depth shall be provided. E. OFF STREET PARKING RDG[R,ATIONS. At least one parking space of at least two unfired square feet shall be provided, consisting of a durable surfaced azea, enclosed in the dwelling, in an accessory building or in an unenclosed area, exclusive of the driveway connecting the parking space with the street. Sec. 45-28. R-2 MULTIPLE FAMILY DWELLING DISTRICT--A. USES PERt~PPID. Wi any R- Mu tip a Family Dwe .Lng District, r~ boil gnu structure, land or water shall be used, except for one or mare of the follaaing uses: 1. Any use permitted in the R-1 Single Family Dwelling District. • 2. Churches '`-~' 3. Multiple family dwelling structzire_~ of not more than four (4) dwelling units. 4. Detached fence storage areas. (Ord. No. 17-71, Sec. 2) B. BUILDING (-IEIGKf REGULATIONS. No main building shall exceed two (2) stories or eet in eig t, be less. C. ~JILDING SITE AREA REC1JId,TIONS. 1. For single family dwellings the same as for the R-1 Family Dwelling District. 2. For two family dwelling structures the minimum lot or building site. area shall be eight thwsand (8,000) squaze feet and have a width of not less than seventy-five (75) feet. 3. For dwelling structures having in excess of two (2) dwelling units not less than four thousand (9,000) squaze feet of lot area shall be added to the . site for each dwelling unit in excess of t~.o (2). No main building, 'however, shall occupy mare than thirty-five (35) per cent of the site area. (Ord. No. 10-73, § 3) REV 12/31/73 -207- • 1. Front Yard. There shall be a front yard of not lass than twes~ty-five (25) feet measured frrni the street line to the front building line. 2. Rear Yard. There shall be a rear yard of not less than twenty (20) feet measur from the rear building line to the rear lot line. 3. Side Yards. There shall be a side yard on each side of the side building in~e o not less than ten (10) feet. in the case of corner lots, no building and no addition to any bui~~;n~ shall be erected ar placed nearer. than twenty (20) feet to the side street line of any such lot. (a) For a distance of one block on streets intersecting U. S. #1, measured fran the right-of-Dray line of said U. S. #1, side yarcLs of at least twenty-five (25) feet in depth shall be provided. E. FIAOR AREA REGULATIONS. In multiple-family dwelling structures, each dwelling umt vu~g one shall have a mininwn floar area of seven hundred and fifty (750) square feet. An additional one hundred and fifty (150) square feet of floor area shall be required far each additional bedroan provided. (Ord. No. 204-69, § 2) Amendment note--Ordinance No. 204-69, fmn which Subsection E wasid not specifically amend the Code and has been codified as such subsection in the discretion of the Editars. • F . GFF STREET PARKING F~E7GfJiATIONS . ' 1. For single family dwellings, the same as for the R-1 Single Family ,,,~ Dwelling District. 2. For each multiple-family dwelling unit, there shall be provided two ar more parking spaces of 200 square feet each, in accordance with the follaving formula: Two such spaces shall be provided for each dwelling unit containing not more than two bedxoans, and two and one-half .of such spaces shall be provided for eadi dwelling unit containing three or more bedrooms, with the provision that for an uneven number of units, the fractional space result produced by the application of such formula shall munt as a full space. (For examples: four dwelling units containing three or more bedroans shall require 10 off-street parking spaces; three dwelling units containing three of more bedroac~s shall ran ' e eight off-street parking spaces.) (Ord. No. 204-69, § 1; Ord. No. 10-73, § 4) REU 12/31/73 -208- • 3. For clnaches, there shall be provided one (1) off street parking space of at least two hundred (200) square feet for each four (4) people aocrnmodated within the church auditorium. 4. For schools, there shall be one (1) off street parking space of at least two hundred (200) square feet for every one thousand (1,000) square feet of floor area. Sec. 45-29, u~ar.~.n, Editor's note-Sec. 45-29 setting forth regulations or a R- Limited Multiple Family Dwelling District, was repealed by Ordinance No. 10-73, § 2, enacted on September 13, 1973. Sec. 45-30. R-3 APARTN~NS' DWELLING DISTRICT-A. Uses peunitted. Within any R- AAr tip a Fame y Dwe u~g D15trict, no building stnrcture, lard or water shall be used, except for one or more of the following uses: 1. Any use permitted in the R-2 Multiple Family Dwelling District. • REV 12/31/73 -209- 2. Nhiltiple family dwelling structures having five or more dwelling traits. • B. BUIIDING HEIGHT kEQILATICNS. For buildings in excess of two (2) stories .,.,, or thirty feet rn ght, five (5) feet shall be added to the recf+ired fruit, rear and side yard setbacJcs for each story in excess of two (2). No main building, however, shall occupy more than thirty five (35) percent of the, site area so required. C. BUILDING STTE AREA RD~JIATIONS. 1. For two family dwelling structures the m;n;rtnm~ lot ar building site area shall be eight thousand (8,000) square feet, and have a minuman width of not less than seventy-five (75) feet. 2. For dwelling structures having in excess of two dwelling units, not less than two thousand (2,000) square feet of lot area shall be added to the site for each dwelling unit in excess of two (2). 3. No structures shall occupy more than thirty-five (35) per cent of the site area. (Ord. No. 10-73, § 5) D. YARD SPACE REGULATIONS. 1. Front Yard. (a) For a main structure of two (2) stories ar less, there shall be a front • yard of not less than thirty-five (35) feet measLU+ed from the street line to the front building line. (b) For structures in excess of two (2) stories in height, the front yard depth shall be controlled by the provisions defined in paragraph B of this section. 2. Rear Yard, (a) For structures of two staries or less, the same as far the R-1 and R-2 district. (b) For structures in excess of two (2) stories in height, the rear yard depth shall be controlled by the provisions defined in paragraph B of this section. 3. Side Yard. (a) Far structises of two (2) stories ar less, the same as for the R-1 and R-2 district. (b) For structures in excess of two (2) stories in height, the side yard requirements shall be controlled by the provisions defined in paragraph B of this sectice~. ' E. OFF-STREEP PA.R[~IG • 1. For each multiple-family dwelling structure, there shall be provided two ar more parking spaces bf 200 square feet each, in accordance with the following fonmila: REV 12/31/73 -210- Two such spaces shall be provided far.each dwelling unit containing not more than two bedroat~s, and two and one-half of such spaces shall be ~wided for each dwelling unit containing three or more bedrooms, with the pro- vision that for an uneven number of units, the fractional space result producFxl by the application of such formula shall wont as a full space; provided, however, that in multiple-family dwellings wntaininy more than thirty dwell- ing amts, for each dwelling unit in excess of thirty units and up to sixty units one such space shall be provided far each dwelling unit wntaining not more than two bedrooms, and for each dwelling unit in excess of sixty dwelling units one and one-half such spaces shall be provided for each dwelling unit con- taining not more than two bedrooms, and two and one-half of such spaces shall be provided for each dwelling unit containing three or more bedrooms, with the provision that for an uneven number of units, the fractional space result produced by the application of such formula shall count as a full space. (For examples: thirty dwelling units c~taining two bedroans each shall require sixty off-street parking spaces; sixty dwelling units wntaining tcx~ bedrooms each shall require ninety off-street parking 5-paces; and ninety dwelling units containing two bedroans each shall require one hundred thirty-five off- street parking spaces. (Ord. No. 10-73, § 6) 2. For churches, the same as for the R-2 Multiple Family Dwelling District. 3. For schwls, the same as for the R--2 Multiple Family Duelling District. • F. FLOOR ARFA REGULATIONS. ,~;. 1. In multiple family dwelling structures, each dwelling unit having one bedroom shall have a mininnan floor area of seven hundred and fifty (750) square feet. An additional one hundred and fifty (150) square feet of floor area shall be required for each additional bedroom provided. Sec. 45-31. C-A COMMERCIAI~ DISTRICT- A. General Description. This tourist- oonnercial district is es li to provide areas witTin which the principal use of land is devoted to ca~mercial establishments and tourist oriented trade. The intent is to reserve land which, because of particular location and natural features, are adapter to local and tourist uses, and to encourage the developrent of these locations for such uses and in such a manner as to minimize traffic hazards and interference with other land uses. B. USES PEFMITTID. The following uses be permitted in the C-A Carrnercial District: 1.. Hotels and motels. 2. Restaurants and cocktail lounges where food and drink may be con$umed on the premises only and where eating and serving areas are entirely contained within the building--not including drive-in hamburger, ice cream, soft drink, ar other drive-in and/or carry-out eating establishments. 3. Golf clubs and their accessory uses-such as restaurant, REV 12/31/73 -211- bar-cocktail lounges, driving ranges and golf equipment stores. 4: Financial institutions. 5. Professional offices, studios and plinics. 6. Private clubs and lodges. 7. Veterinary establishments, provided that all animals shall be kept inside soundproof and air conditioned buildings; provided there are, no animal cemeteries used in connection there- with. 8. Funeral homes; provided that np process for the disposal of bodies is used in connection therewith, including cremation. 9. Churches and/or auditoriums. 10. Personal service establishments, such as barber shops, beauty shops, health salons. 11. Utility company offices. 12. Florist shops. 13. • 14. 15. 16. 17. 18. 1~. Clothing stores. Stationery stores, book stores and/or art supply shops: Pharmacies or apothecaries. Photographic studios and .camera shops. Bakery shops, where products are sold at retail only.' Sporting goods stores. Personal gift shops. 20. Jewelry stores.. 21. Marinas and their acce$sory uses, such as wet boat storage facilities, gasoline supplies, minor repair facilities that are incidental to wet boat storage and do not invplve large boats and/or engine Pverhaul. C. CONDITIONS FOR PERMITTED USES. 1. All activities (except golf clubs, swimming pools and wet boat storage), sales and storage of goods must be condycted entireiy within completely enclosed buildings with permanent non-moving outside walls. 2. No outside sidewalk or parking lot storage or display - 212 - of merchandise will be permitted. 3. No manufacturing, or production of products for retail or wholesale will be permitted except for bakeries and their related retail sales items. D. BUILDING HEIGHT REGULATIONS. No building or structure shall exceed four (4) stories or forty-four (44) feet. Elevatpr towers and mechanical apparatus are not restricted to the forty-fouz~ (44) foot limit. E. BUILDING SITE AREA REGULATIONS. Min.imurn Building Lot Size. 1. The minimum lot of building site area for each commercial building shall be 16,000 square feet and have a width of not less than 80 feet measured at the front and rear lot lines and at the front building line. Maximum Lot Coverage 2. Main and accessory buildings shall' cover no more than thirty-five percent (35%) of the total lot area. Minimum Lot Coverage 3. No main and accessory buildings shall be constructed that would occupy less than ten percent (10%) of the total lot area or • 2,000 square feet, whichever is greater.- F. YARDS. Front Yards All buildings facing U. S. 1 shall set back from the r}ght-of- way to provide a front yard of not less than seventy (70) feet. All buildings shall set back from the rigJrt~of-way of streets w]rich inter- sect with U. S. 1 providing a yard of not less than twenty-five (2 S) feet. Side Yards All buildings less than twenty-five (25) feet in height or two stories in height shall set back from side lot lines so as to provide side yards of not less than twenty (20) feet. All buildings three storms in height shall set back from side lot lines so as to provide side yards of not less than twenty-five (25) feet. All buildings four stories in height shall set back from side lot lines so as to provide side g4ards of not less than thirty (30) feet. Rear Yard All buildings less than twenty-five (25) feet in height or - 213 - two stories :i.n height sha1.1. be set bade from the 'rear l.ot line so as to provide a rear yard of not less than 'thirty (30) feet. • All buildings three stories in height shall. set back from t:he rear l.ot line so as to provide a 'rear yard of not less than ~thirty- five (35) feet. All. buildings four stories in height shall set back from the 'rear l.ot line so as to provide a rear yard of not less than forty (40) feet. G. OFF-STREET PARKING AND LOADT.NG REGULATIONS. 1. 0.£f-street parking shall be either on 'the same lot or within two hundred (200) feet of the building it i.s intended to serve measured from the nearest point of the building to the nearest point of the off-street parking lot, without crossing any major thoroughfare. 2. Any area once designated as requ.ir.ed oi'f-•strreet parking shall. not be changed to any other use unless and unt:ia. equal facil.it.ies are provided elsewhere. 3. Off-street parking existing at: the effeca ive date of these regulations in connection with the operation of an existing building or use shall not be reduced to an amount Less tlt.att her•e:ina:Eter re- quired for a similar new building or use. 4. Two or more buildings or uses may col.lecti.vely provide • the required off-street parking,in which case,the required number of parking spaces shall be not less than the stun of the requirements •~` for the several individual uses computed separately. 5. The required off-street parking shall be for occupants, employees, visitors, patrons and shall be limited i.n use to motor vehicles. The storage of merchandise, motor vehicles for sale, or the repair of vehicles is prohibited. TABLE OP PAFKTNG SPACES R1iQUIREU 17SES PARKING SPACES li:i lll'RED Banks, business or pro- fessional. offices excluding doctors and dentists. One (1) per three 'hw~dred (300) square feet of usable floor area, plus on.e (L) per each three employees. Barber shop or beauty shop Churches • Country Club Two (2) per barber or three (3) per beautici.ar. based nn the design capacity of the structure. One (1) pe'r four (4) seats; or one (1) per thirty (30) square feef of usable floor area of audiaori.t.un, whichever is greater. One (1) pe'r five (5) members. - 214 - USES Restaurants and cocktail lounges where food and drink may be carvsumed on the premises only and where eating and serving areas are entirely contained within the building, not including drive-in hamburger, ice cream, soft drink, or other drive-in and/or carry-out eating establishments . Hotels, irotels and tourist courts Marina • Medical and dental clinics; doctors and dentists offices Mortuaries or funeral parlors Private clubs, lodge or union headquarters Retail stores, and personal service establishments except as othenaise specified herein PARKING SPACES REQUIRED One space for each 75 square feet of area demoted to patron use, or one space per three fixed seats, whichever is the greater, plus one space for each one and one-half projected employees who would be actually working during peak employment hours. (Ord. No. 10-72, § 1) Three spaces plus an additional space for each guest bedroom plus an additional space for each 15 rooms or portions thereof. For example, a fifteen room motel would need 19 parking spaces. Two (2) for each three (3) boat mooring or storage space, boat for rent, as based on the design capacity of the facility. If public boat launching facilities are provided, the parking spaces shall be increased fifty (50) percent of that number as ccs~uted above . Under "parking spaces required" delete first paragraph of second column and insert "one (1) space for each arse hundred and fifty (150) square feet of floor area up to three thousand (3,000); one additional space. for each additional two hundred (200) square feet up to five thousand (5,000); one additional space for each additional two hundred and fifty (250) square feet over five thousand (5,000)." Five (5) spaces per parlor or chapel unit; or one (1) per four (4) seats, whichever is greater. One (1) per three (3) members based on the maximum design capacity of the facility. One (1) per hundred (100) square feet of retail floor space. Supp. No. 9 -215- • USES PARKING SPACES REQUIRED Shopping centers containing There shall be a ratio of four (4) square 5 or more stores, or 15,000 feet of parking (including driveways re- square feet of building quired for ingress and egress and circu- lation) to each one (1) square foot of re- tail floor space. Auditoriums and places of One (1) per three (3) people based on the assembly without fixed seats. maximum design capacity of the structure. Veterinary establishments Five (5) spaces per veterinarian based on the maximum design capacity of the facility or five (5) spaces for every four hundred (400) square feet of usable floor space, whichever is greater. H. OFF-STREET PARKING LOT LAYOUT, CONSTRUCTION AND MAINTENANCE. Whenever the required off-street parking requires the build- ing of a parking lot, and wherever a parking lot is built, such parking lot shall be laid out, constructed and maintained in accordance with the following regulations: 1. Each parking space shall be not less than two hundred (200) square feet in area and shall be a definitely designated and marked stall adequate for one motor vehicle. 2. All areas devoted to permanent off-street parking as required under this section shall be built in accordance with specifications for streets and parking of the Village of North Palm Beach and maintained in such manner that no dust will result from continuous use. 3. The parking lot shall be drained to eliminate surface water. 4. Where parking lot abuts a residential district which has common frontage in the same block with the parking lot, there shall be established a setback line of twenty-five (25) feet from the street lot line for the first twenty-five (25) feet from the residential zone. 5 . Plans for the layout of a parking lot must be approved by the village engineer based on design standards approved by the Institute of Traffic Engineers. 6. The parking lot shall not have access from a more restrictive zoning district. • 7. No parking shall be permitted in the first ten (10) feet of the required front yard depth, measured from the front property line or the first ten feet of a aide or rear yard when the side or rear yard abuts a residential zoning REV ?/31/73 -218- • district, except as modified in Paragraph 4 above. The restriction against parking in the first ten feet of the required front yard depth measured from the front property line shall not apply to those properties which have complied in full with the landscaping provisions of Chapter 41-16 through 41-25, both inclusive. (Ord. No. 4-73) • -._.. • REV 7/31/73 -216.1- 8. Clearly defined driveways entering on U. S. 1 shall be constructed using a raised curb of at least six (6) inches in height to delineate the driveways. All streets intersecting with U. S. 1, currently designed driveways shall be constructed using both concrete button markers of at least four (4) inches in height placed twenty-four (24) inches apart to delineate the driveways. Such driveways shall have separate ingress and egress lanes not to exceed twenty (20) feet in width, exclusive of curb returns. The ingress and egress driveways shall be separated by six (6) inch raised curb island of not less than three (3) feet in width and ten (10) feet in depth back from the right-of-way. Driveways for two adjacent, separately owned parcels may be located on their joint property line. In all cases, driveways may not be located closer than forty (40) feet to an intersection, Except in cases where driveways are located on joint property lines, all driveways must be not less than twenty-five (25) feet from the adjacent property line. Only one such combined driveway shall be permitted for each lot with a width of one hundred (100) feet or less. 9. The rear yard of all lots in the C-A District shall be designed and improved to facilitate loading and unloading. There shall be adequate space for standing, loading and unloading services to avoid undue interference with public use of streets or alleys. • Amendment note---Section 45-31 (I) (1,2,3) entitled "Landscaping" was repealed by Ord. No. 19-72 enacted September 14, 1972. Landscaping requirements can be found in Chapter 41 of this Code. J. ARCHITECTURE. To provide the Village with harmonious develop- ment, but without undue restrictions, the following features are required: 1. All building fronts and sides must be completely enclosed except for necessary doorways for ingress and egress. 2. No canopies are permitted unless constructed of metal, or other permanent materials and are installed parallel to the store front sidewalks not less than nine (9) feet above the sidewalk. Amendment note---Section 45-31 (K) entitled "Signs" was repealed by Ord. No. 13-72 enacted July 13, 1972. Sign regulations can be found in Chapter 34 of this Code. ' Supp. No. 4 -217' • Sec. 45-32. C-lA LIMITED COMMERCIAL DISTRICT---A. Uses Permitted. Within any C-lA Limited Commercial District, no building, structure, land ~' or water shall be used, except for one or more of the following uses: 1. Any use permitted in the R-3 Apartment Dwelling District. 2. Hotels and motels. 3. Restaurants other than drive-in. restaurants, including cocktail lounges. • ..> ~I Supp. No. 4 -218- ~ ~ ( • • ro ro z 0 N r ~o 4. Nursery-and private schools. 5. Golf club and its accessory uses such as restaurant, bar, driving range and equipment store. 6. Professional offices including real estate offices, finance offices, medical and dental clinics atxl the like, providing same are architecturally and structurally in harmony with the spirit of the canmuuty. 7. Marinas and their accessary uses such as wet boat storage facilities, indoor dry boat storage facilities, gasoline supplies, and such minor repair facilities as are incidental to boat starage and which do not involve major boat and/or engine overhaul, provided all facilities are architecturally and structurally in harmony with the spirit of the ar[rtnuiity, and provide3 further that the following off-street parking regulations are adhered to: a. For each 3,000 cubic feet of designated boat storage space connected with indoor dry boat storage facilities, there shall be provided one 200 square foot parking space, exclusive of workshop and office areas. b. For each one and one-half designated boat str~rage spaces connected with wet boat storage facilities, there shall be provided one 200 srniare foot park- ing space, exclusive of workshop and office areas. • c. For each 100 square feet of workshop floor area, there shall be provided one 200 square foot parking space, and for each 200 square feet of workshop area above the first floor, there shall be provided one 200 square foot parking space. d. For each 300 square feet of floor area used for office purposes, there shall be provided one 200 square foot parking space. 8. Convalescent hospitals and nursing homes. B. BLTIII)ING HEIGHT' REG[JLATICNS. No main building shall exceed two (2) stories or thuty 30) feet in height at the required front, rear and side building lines. Far structures in excess of two (2) stories in height, five (5) feet shall be added to the required front, rear and side yards for each story added to the building in excess of two (2). No main building, however, shall occ~y more than thirty five (35) percent of the site area so required. C. BUiT~ING SITE AREA REG[7IATIONS. 1. For single and multiple family dwelling structures, the same as required in the R-1 and 1~3 districts, respectively. (Ord. No. 10-73, § 7) J REV 12/31/73 -220- D. YARD SPACE REGULATIONS 1. Front Yards • (a) For main structures of two (2) stories or less, there shall be a front yard of not less than fifty (50) feet measured from the street line to the front line of the main building. (b) For structures in excess of two (2) stories in heifht, the front yard depth required shall be controlled by the provisions defined in Paragraph B of this Section. 2. Rear Yard (a) For main structures of two (2) or less stories, same as for R-1 and R-2 district. (b) For structures in excess of two (2) stories in height, the rear depth required shall be controlled by the provisions defined in Paragraph B of this Secti~. 3. Side Yards (a) For structures of two (2) stories or less, same as for R-1 and R-2 districts. (b) For structures in excess of two (2) stories in height, the side yard requirements shall be controlled by the provisions defined in • Paragraph B of this Section. (c) For a distance of one block on streets intersecting U. S. 1, ,,,_ measured from the right-of-way line of said U. S. 1, side yards of at least twenty-five (25) feet in depth shall be provided. E. OFF-STREET PARKING REGULATIONS, 1. For single and multiple family structures, the same. as for the R-1 and R-3 districts, respectively. 2. Churches, the same as for the R-2 Multiple Family Dwelling District. 3. For hotels, one space for each three (3) bedrooms plus one additional space for each five (5) employees. 4. Hotel apartments, one space for each dwelling unit. 5. Motels, one space for each guest bedroom plus one space for the resident manager or owner. 6. Restaurants, one space for each seventy-five (75) square feet ' of floor area demoted to patron use, or one space per three (3) fixed seats, whichever is the greater, and one (1) space for each one and one-half projected employees who would be actually working during peak employment hours. (Ox3. No. 10-72, § 2) Supp. No. 4 -221- 7. No parking shall be permitted in the first ten (10) feet of the required • front yard depth, measured from the front property line. The restriction against parking in the first ten feet of the required front yard depth measured - from the front property line shall not apply to those properties which have complied in full with the landscaping provisions of Chapter 41-16 through 41-25, both inclusive. (Ord. No. 4-73) • • REV ?/31/73 -221.1- Each convalescent hospital and nursing home shall be provided with one • parking space (200 square feet) for eadi six beds in the establistmient, plus one parking space for each 300 square feet of administrative and service area within the building (kitchen, service halls, chapel, dining roan, lounge, visiting areas and treatment roams). F. FLOOR AREA RECULATICNS. 1. In multiple-family dwelling structures, each dwelling unit having one bedroom shall have a mini~mnn floor area of seven hundred and fifty (750) square feet. An additional one hundred and fifty (150) square feet of floor area shall be required for eadi additional bedroan provided. Sec. 45-33. C-1 NEIC~IDDPHCCD COM~IAL DISTRiCI~-A. Uses Perniitted. Wi any C- Neig Camiercia Distnct, no builduig, s~tnicture, land or water shall be used, except for one ar irore of the follaairx3 uses: 1. Any use permitted in the C-lA Limited Camrrcial District. 2. Any retail business or oartnercial use which does not involve the manufacturing ar processing of products. 3. Personal service establishments, including but not limited to banks, barber shops, hauling alleys, beauty salons, medical and dental clinics, professional and other offices, funeral homes, filling stations, shoe repair • shops, laurrizy pickup stations and self-service laundries, furniture display stores and drug stores. ~" 4. Theatres but not drive-in theatres. 5. Dry cleaning plants usirx~ modern, automatic cleaxLUlg systems with a ornpletely enclosed process and with solvent and vapor recovery units designed to prevent the emission of objectionable odors and effluents, provided: (a) That such establishments employ~mt more than five (5) persces on the premises, exclusive of uuner or manager and employees who spend the greater part of their time outside of, rather than an the premises, such as delivery men, salesmen or business solicitors. (b) That such cleanirxJ process meets with the approval of the Building Official and the fire chief, that it oa~lies with all building code provisions and fire prevention provisions of the Village of North Palm Beach. B. BUII,DING HEIGHT RDGULATIONS. For bui7r~;ngs in excess of twv stories or thirty feet in eig t, five (5) feet shall be added to the r aired front-yard setbac]c for each story in excess of two (2) or in excess of thirty (30) feet in height. No structures how~}ver, shall occupy more than thirty-five (35) per cent of the site area so required. (Oxd. No. 10-73, § 8) REU 12/31/73 -222- C. BUILDING P,F~'A ~Ip,TIONS. FOY sR 3ldistricts~respectively~. lung structures a same as or a R-1 and (Ord. No. 10-73, 5 9) D. YARD SPPGE IiEQJI.ATI~ • There shall be a front yard of not les~than fifty ( feet measur ran the street line to the front builclirxJ i both sides of U. S. 1, no setback less than one hundred (100) feet except along line shall be provided. >n depth measured from the front building of one block on streets intersecting U. S• 1, ~~~ve For a distance fran the right-of~aay line of said U. S. 1, side yards of at least twentY- (25) feet in depth shall be Pr'ov~~' (a) For single family and for multiple family residential structures, there shall be rear Yard and side yard setbacks the sane as set forth in the R-1 and R-3 zoning districts, resPectlvely, except an ~ified belva: (i) pn corner lots intersecting U. S. Highway No. 1 where the building is on the intersecting street arul the side yan3 of the a No. 1, the minim side Yid setback on U. S. front of the street line to the building is on U. S. Highw y fran the Highway No. l shall be one hundred feet meas~ excess of twenty stories in side building line, and ply for stsuctur reel side yatid for each story bight shall five feet ~ess of t~~tY~- t added to the building ad Line,the Intra- (ii) On lots bordering the~es~ ~sh~ Bu ~n r~~ired rear yard • Line or any existing the established Bul]chead Line. coastal Waterway shall be twenty feet frccn and side yard setbacks ~~~~ whichever is c~ Line,n dis ~°"~ Intracoastal Waterway Line or exist-nghovever, that said Bulkhe Lance to the building line% Provided, Line or pYlsting bulkhead is at least five hundredbulkhead. Intracoastal Wa~erwa~h~ L]ne, Intracoastal Waterway Line or existing fran the oPPos ~chever is closest. s. (prd. No. 20-72, §1) All other space regulations shall apply to such building G RE~JLATZCNS . E, OE'F-STREEP PAS s, churches,. 1, gene as for the C-lA Limited C~rcial District for dwelli.rr3 motels, hotels and restaurants. liskments, 2, For general business, ~roial e~~t of non-sror qe first floor for each one hundred (100) ~r a feet of non-storage one space ce for each two hundred. (200) ~r area, Ply one spa area above the first floor. e feet of 3, Medical or dental offices or clinics, one space for each 150 squar ~~ FtEV 12/31/73 -223- • floor area, up to 3,000 square feet; one additional apace for each additional 200 square feet of floor area up to 5,000 square feet; one additional apace for each additional 250 square feet of floor space in excess of 5,000 square feet. 4. Offices, one apace for each three hundred (300) square feet of floor area used for office purposes. 5. Schools and public buildings, one space for each four (4) seats in the main auditorium or place of assembly. 6. Theatres, auditoriums, one apace for each four seats. 7. No parking shall be permitted in the first ten (10) feet of the required front yard depth, measured from the front property line. The restriction against parking in the first ten feet of the required front yard depth measured from the front property line shall not apply to those properties which have complied in full with the landscaping provisions of Chapter 41-16 through 41-25, both inclusive. (Ord. No.4-73) 8 . Furniture display stores, one space for each 400 square feet of sales area. • F. FLOOR AREA REGULATIONS. .~. 1. In multiple-family dwelling structures, each dwelling unit having one bedroom shall have a minimum floor area of seven hundred and fifty (750) square feet. An additional one hundred and fifty (150) square feet of floor area shall be required for each additional bedroom provided. Sec 45-34. C-2 GENERAL COMMERCIAL DISTRICT---A. Uses permitted. REV 7/31/73 -223.1- Within any C-2 General Commercial District, no building, structure, land or water shall be used, except for one or more of the following uses: 1. Any use permitted in the C-1 Neighborhood Commercial District. 2. Automobile laundry. 3. Bakery. 4. Cold storage and frozen food lockers. 5. Contractor's storage and equipment yards. 6. Dry cleaning, dyeing and laundry establishments. 7. Mechanical garage. 8. Plumbing sales room, shop and storage yards. 9. Printing and publishing establishments. 10. Building materials storage and sales. 11. Wholesale distribution warehouse. 12. Boat building, repair and storage. 13. Establishments similar in character to those enumerated • above, su bject, however, to the express approval of the Village .._.: Council. 14. Assembly, precasting and precutting of concrete, steel, wood or other construction components. B. PERFORMANCE STANDARDS. Every commercial use located within the C-2, General Commnercial District, shall be so operated as to comply with the fallowing maximum performance standards: 1. Objectionable noises due to intermittence, beat frequency or shrill ness shall be muffled or eliminated so as not to become a nuisance to adjacent uses. Sound levels shall be measured with a sound level met er and associated octave band filter manufactured according to the Am erican Standards Association. 2. Every use shall be so operated that ground vibration in- herently and recurrently generated is not perceptible. 3. Every use shall be so operated as to prevent the emission of smoke, from any source whatever, to a density greater than described as Number 1 on the Ringlemann Chart. 4. Every use shall be so operated as to prevent the emission into the air of dust or other solid matter which may cause damage to - 224 - property or discomfort to persona or animals at or beyond the lot line of the property on which the uae is located. 5. Every uae shall be so operated as to prevent the discharge into any drainage ditch, stream, lake or ground of any waste which will be dangerous or discomforting to persona or animals or which will damage plants or crops or the public water supply beyond the lot line of the property on which the use is located . 6. Every use shall be so operated as to prevent the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located. 7. Each use shall be operated so as to lessen the danger from fire and explosion. C. BUILDING HEIGHT REGULATIONS, BUILDING AREA REGULATIONS, YARD SPACE REGULATIONS, OFF-STREET PARKING REGULATIONS, FLOOR AREA REGULATIONS. The height of buildings, the site area of buildings, yard spaces, off-street parking and floor area regulations in Zoning District C-2 for all structures shall be the same as required in the C-1 Neighborhood • Commercial District. (Ord. No. 15-72, § 1) .~ Sec. 45-35. PUBLIC DISTRICT---Within any P- Public District, uses shall be restricted to those necessary or essential to the administration and operation of the village, including but not limited to city hall, recreation facilities, waterworks, pumping stations and sewerage Facilities. Sec. 45-38. GENERAL PROVISIONS---The provisions of this Article shall be subject to the following provisions and exceptions: A. Chimneys, water tanks, radio or television towers, church spires, elevator lofts, flagpoles and parapet walls may be erected above the height limits herein established. A-1. No addition to any building and no structure or object shall be erected, placed or maintained or built to a height which exceeds four stories or sixty feet where any portion of said building or of the property upon which it is located is within five hundred feet of any R-1, Single Family Dwelling District. (Ord. No. 209-70, Sec. 1) Amendment note---Ord. No. 209-70, from which Subsection A-1 was derived, did not specifically amend the Code and has been codified as such subsection in the discretion of the Editors. B . Swimming pools shall be set back at least seven and one-half Supp. No. 4 -225- (7 1/2) feet from the back property line measured from the rim of the pool and not less than five (5) feet from the side property line including the two and one-half (2 1/2) feet walk around the pool. The highest projection of the swimming pool shall not exceed two (2) feet. Outdoor fireplaces not exceeding six (6) feet in height may be erected and maintained, said structure, however, shall not be erected within five (5) feet of any rear lot line . (a) Swimming pools may be enclosed by screening provided same are not erected closer than five (5) feet from the side and rear yard lines. (b) No swimming pool shall be located in the area lying between the front property line and the front building line in the R-1 and R-2 zoning districts. C. Detached garages not more than one story in height may be erected and maintained within seven and one-half (7 1/2) feet of the rear line of any such lot. D. Walls and fences built within the area between the property line and the building setback line shall not exceed six (B) feet in height; provided, however, that no walls or fences may be erected between the • front yard setback and the street line, nor may walls or Fences exceed four (4) Feet in height for a distance of forty (40) Feet from any .~ body of water located within the Vfllage. On corner lots, walls or fences shall not exceed four (4) feet in height within the area between the aide line of the lot which fronts on a street, and the front building setback line extended of the adjacent side street lot. On all building permits for walla or fences greater than four (4) feet in height that are to be located outside building setback lines, there shall be a prominent notice that a Village building permit in no way offsets the deed covenants, and that the applicant should also check the deed covenants to protect himself. (Ord. a Supp. No. 4 -225.1- • E. In the event one lot, or portion thereof, and the whole or a portion of a contiguous lot, all in one ownership, shall be used as one building site for one residence building, and its appurtenant outbuildings permitted by this ordinance, then while so owned and used the aide lines and rear line of such site shall be deemed to be the side and rear lot lines of such sites. F. No business, professional or otherwise, and no home occupations shall be carried on in any dwelling structure unless approved specifically by the village council, after review of facts and public hearing thereon. G. In all multi-family residential buildings two stories or greater in height, and in all commercial buildings over four'stories in height, which are not equipped with elevators provided with standby emergency power and having minimum cab dimensions which will permit the use of the elevator cab by normal size emergency ambulance stretchers, and in all commercial buildings two stories to four stories in height which are not equipped with elevators having minimum cab dimensions which will permit the use of the elevator cab by normal size emergency stretchers, there shall be a minimum of one access stairway serving every story . Such stairway shall have the following minimum dimensions: (1) Minimum width of stairway to be five (5) feet. (2) Minimum dimensions of all landings to be 10 feet by • 6 feet, 6 inches. (Ord. No. 1-72, § 1) H. Patios connected to the rear of a dwelling unit may be enclosed by screening provided there shall be a rear yard of not leas than fifteen (15) feet measured from the rear of the screened enclosure to the rear lot line. I. There shall be a front yard of not less than forty (40) feet measured from the street line to the front building line in the case of Lots 11 to 35 inclusive, Block 3, as shown on the plat of Village of North Palm Beach, Plat 1, recorded in Plat Book 24, Page 205, Public Records of Palm Beach County, Florida. J. Whenever, by this ordinance, off-street parking is required in any Commercial District or in any R-3 Apartment Dwelling District, no such parking facilities shall be hereafter constructed until a permit therefor shall have been issued by the building inspector, and until the plans and specifications therefor are such that: a. Such off-street parking area is designed with appropriate means of vehicular access to a public street or alley. , Supp. No. 4 -228- • b. Such off-street parking area is designed with appropriate vehicular maneuvering areas. c. Such off-street parking area is paved with an asphaltic or concrete surfacing, or other material designed to prevent dust. d. Such off-street parking area is so constructed, graded and surfaced as to prevent surface water from draining onto pubkic right- of-way, or on adjoining properties, the outlets for such surface waters to be connected directly or indirectly to storm sewer conduits ter- minating.in existing publicly controlled waterways or in other seepage areas approved by the buildins department. Supp. No. 1 -226.1- ;.... e. Such off-street parking areas shall be used for vehicular traffic only, with no sales, dead storage, repair work, dismantling or servicing of any kind unless expressly permitted by the zoning of the district in question. f. If lighting of such areas is to be provided, the plans therefor shall be such that such lighting. shall reflect away from any public street and at such an angle as to prevent glare or undue illumination of residential properties in the neighborhood, K. No carnival, fair, amusement park or circus shall be carried on in any residential or commercial zoning district in the Village of North Palm Beach, including Zoning Districts R-1, R-2, R-2A, R-3, C-A, C-lA, C-1 and C-2. L. No gasoline or oil filling stations and no service station shall be erected within 500 feet of any church, hospital, school or other similar institution where large numbers of pedestrians congregate, nor within 1,000 feet of the location in said Village of another gasoline or oil filling station or service station. (Ord. No. 154) The method of measurement that shall apply in such cases shall be by measurement of the airline distance made or taken from the nearest boundary of the lot or premises where such proposed station would be located to such building or structure used as a church, hospital, school or other similar institution to the boundary of the lot or premises where the existing station is erected. Nothing in this section shall prohibit, however: a. The operation of existing gasoline or oil filling stations "; or service stations. b. The improvement, alteration or reconstruction of any presently existing gasoline or oil filling station or service station. c. The construction of gasoline or oil filling stations o'r ser- vice stations for which permits have been issued prior to the date of this ordinance, but which are not presently under construction. Sec. 45-37---45-39 reserved. Art. IV. BOARD OF ADJUSTMENT Sec. 45-40. CREATED---A Board of Adjustment is hereby established. The word "Board" when used in this 'Article shall be construed to mean the Board of Adjustment. S Pf 45-~41_ (:nMPnCTTTnN---The Board shall consist of five (S) members aPPointed by the Council. - 227 - • Sec. 45-42. ORGAb7IZATION; PROCEDIIRE; 14EFPINGS; APPEALS--The organization and procedure o e Board, its rose me od o ling appeals and other related matters, shall be in conformity with the provisions of Florida Statutes of 1941, Section 176. where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Chapter, appeals to the Board may be taken by any person aggrieved. The Board shall have the follaaing duties and pacers: 1. To hear aryl decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official in the enforcanent of this Chapter. 2. To authorize upon appeal in specific cases such variances fran the terns of this Chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforopnent of the provision of this Chapter will result in unnecessary hardship, and so that the spirits of this Chapter shall be observed and substantial justice done. in exercising the above mentioned powers, the Board by the ocncurr~.ng wte of four members may reverse ar affian, wholly or partly, or may modify the order, req~urement, decision or determination appealed from and may make such • order, requirement, decision or determination as ought to be made. Sec. 95-43. STANDARDS FOR GRANPING VARIANCES--In considering all Proposed Variations to s Ater, a Board 1, before making any finding in a specific case, first determine that the proposed Variation will not constitute any change in the districts shvan on the zoning map and will not impair an ade3uate supply of light and air to adjacent property, or materially increase the congestion in public streets, or increase the public danger of fire and safety, or materially diminish or impair establisher) property Values wlthln the surrounding area, or in any other respect impair the public health, safety, morals and general welfare of the Village of North Palm Heath. Art. V. PIANNING AND ZONING ADVISORY HOARD Sec. 45-44. CREATF~----There is hereby established a planning and zonin4 advisory to hereafter knam as the Village Planning and Zoning Advisory Board. Sec. 45-45. CCD9P06TTION- (1) Said Board shall be cacgwsed of seven members o rest ent freeholders of the Village; the members shall hold office for a term of two years fran the date of appointment; provided any manber • may be removed at any time by a majority vote of the REV 7/31/73 -228- • Village Council; and further provided, that in the event of a vacancy, the Village Council shall appoint a successor to the vacancy to serve fox• the remainder of tlxe term so left vacant; any member shall be eligible to succeed himself. (2) The village building inspector shall si't as an ex-ofi.ci.o member o.f this Board. •S'ec. 45-4G. OR.GANIZATION---At the first meeting after the new board members take office eaclx year, they slxall elect from among their members a chairman, vice-chairman and secretary; such o:Lficexs ;nay succeed themselves. Sec. 45-47. MEETINGS---Meetings of said board shall be held at 'l'he ca b.5 of the chairman or at such other times as the board may determine, but in no event shall the board meet less than once a month. Meetings of the board shall be open to the public and the time and place of the meetings shall be announced sufficiently in advance to notify 'the public. Board shall keep minutes of its proceedings, showing the vote of each membex• upon each question, and shall keep records of its official actions, all of which shall be promptly filed in the office of the village r_lerk and shall be a public record. Such board may establish any rules and regulations and order of business it may deem necessary • in the conduct of its meetings. ~'' Sec. 45-48. POWERS AND DUTIES---(1) The Planning and Zoning Advisory Board shall be advisory to the village council and shall have no official powers, except those specifically prescribed in this Chapter, and shall be deemed to be, in all events and in all transactions, directly under the supervisiorr of the village council, which shall have power to alter, modify or change any action or ruling of said board. (2) All requests made to the vil.l.age council involving annexa- tion, commercial development, subdivision and residential development, long range and master planning shall be referred to t]-re board for study and recommendation. The board may request any parties involved or affected by its investigations to appear before the board in order to discuss the matter more fully and to acquire all facts necessary to reach a final recommendation. In its discretion, the board shall have the power to include as conditions in its recommendations that the right to be granted shall be personal to the applicant, and that the same rtiust be exercised within a reasonable time, else the same will become void, or may recommend any other reasonable limitation as a condition precedent to such grant by the village courrcil. (3) The village council, in acting upon such recommendations shall not be bound thereby, but shall give consideration to all such reconunendations and determine the same as in the judgment of the village council shall be to the best interests of the public health, safetY> comfort, morals, or general welfare of t}re inhabitants of the village, or for the best government of t}xe village. - 229 - (4) It shall also be the duty of the board to make studies and recommendations for the improvement of the overall general plan op the village, with a vista to the present and future growth and develop- ment of the community, movement of traffic, the convenience, health, recreation, general welfare, and other needs of the village dependent on the general plan of the village; to consider public highways, land, buildings, bridges, and all other public places and structures, additions to and alterations in those already existing, and the layout or platting of new subdivisions of the village. (5) The board may of its own volition report to the village council with recommendations on any matter which in the opinion of the board affects the growth, plan or zoning of the village. (6) The board shall have the power to call upon any branch, official or employee of the village government for information and advice which in the opinion of the board will insure the .efficiency and reliability of its work. (7) Any matter referred by the village council to Che board shall be acted upon by thh board within thirty days of the date of reference, unless otherwise specifically stated. The board's recommend^ ations to the council shall be in writing and shall state the basis or reasons for its recommendations. (8) The board shall submit to the village council an annual • report on or before January 1 of each year summarizing the activities of the board for the calendar year and the action of the council during the year on any and all recommendations made by the board in that or °°c'~ former years. (Ord. No. 92) Art. VI. AMENDMENTS - FEES: WAITING .PERIODS Sec. 45-49. APPLICATIONS FOR RE'I.ONING, ETC.---(1) All applications for rezoning and all applications to amend, supplement, modify or repeal the boundaries, districts, regulations or restrictions established by this Chapter shall be done by application to the Planning and Zoning Board of the village. The application to the Planning and Zoning Board may be made by any property owner or tenant or by a governmental office, depart- ment, board or bureau. Such applications shall be filed with .the Budding Department of the village, which shall transmit the same, together with all the plans, specifications, application blank and other papers per- taining to the application, to the Planning and Zoning Board. Any such application, except by a governmental agency, must be accompanied by a filing fee of $100.00. (2) All applications to the Planning and Zoning Board concerning ~ rezoning shall be upon forms to be supplied by the Building Department. Editor's note---A~cvPY of the forms to be used are attached to Ordinance No. 185-68 as Exhibit 1, from which ordinance Sec. 45-49 was derived. G Supp. No. 2 ^230- (3) Whenever, in its wisdom, after review, investigation and hearing, any application for a change of district classification has been denied, an application for a like change cannot be reinstated for a period of at least one (1) year after said denial. Sec. 45-50. APPLICATION FOR VARIANCES---(1) All applications for variances to regulations or restrictions established by this Chapter shall be done by application to the Board of Adjustment of the village. The application to the Board of Adjustment may be made by any property owner or tenant or by a governmental office, department, board or bureau. Such applications shall be filed with the Building Inspector of the village, who shall transmit the same, together with all the plans, specifications, application blank'and`other-gapers pertaining to the application, to the Board of Adjustment. Any such application, except by a governmental agency, must be accompanied by a filing fee of $25.00. (2) All applications to the Board of Adjustment concerning variances shall be upon forms to be supplied by the Building Inspector°s office. Editor's note---A copy of the forms to be used are attached to Ordinance No. 186-68, as Exhibit 1, from which Ordinance Section 45x50 was derived. • J Supp. No, 3 - 231 -