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O85-45
ORDINANCE NO. AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF BOYNTON BEACH, FLORIDA; ESTABLISHING THE S~E; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR VIOLATING SUCH CODE; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVID%NG WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE CITY COUNCIL~.~DF~'THE CITY OF BOYNTON BEACH,FLORIDA: Section 1. That the Code of Ordinances, consisting of Chapters 1 to 26, each inclusive is hereby adopted and enacted as the "Code of Ordinances, City of Boynton Beach, Florida," which Code shall supersede all general and permanent ordinances of the City adopted on or before April 30, 1981, to the extent provided in section 2 hereof. Section 2. That all provisions of such Code shall be in full force and effect from and after the adoption of this Ordinance, and all 6rdinances of a general and permanent nature of the City of Boynton Beach, adopted on final passage on or before April 30, 1981, and not included in such Code or recognize~ and continued in force by referenc.e therein, are hereby repealed from and after the effective date of such Code. Section 3. That the repeal provided for in section- 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance. Section 4. It shall be unlawful for any person to violate or fail to comply with any provision of such Code, and where no speci'fic penalty is provided therefor, the maximum penalty which may be imposed upon any person who shall be adjudge to have violated any provision of such Code shall be a fine not exceeding five hundred dollars ($500.00) or a term of imprison- ment not in excess of o~e (1) year,, or both such fine and imprisonment; provided, however, that this Section shall not conflict with any penalties imposed for any offense under the laws of the State of Florida, and no penalty for violation of suc] Code shall exceed the maximum penalty provided for the violation of a comparable state law. Section 5. Any and all additions and amendments to such Code, when passed in such form as to indicate the intention of theCity Council to make the same a part of such Code, shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances, City of Boynton Beach, Florida," shall be understood and intended to include such additions and amendments Section 6. In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty am provided in Section 4 of this ordinance and Section 1- of such Code shall apply to the section as amended, or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another sectiom such other secnion shall be held to relate to the section so amended, unless such penalty is specifically declared inapplicable Section 7. A copy of such Code shall be kept on file in the office of the City Clerk preserved in looseleaf for, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone other- wise authorized by the City Clerk, to insert in their designated places all amendments or ordinances Which indicate the intention of the City Council to make the same a part of such Code, when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may from time to time be repealed by the City Council. This copy of such Code shall be available for all person desiring to examine the same. Section 8. It shall be unlawful for any person to change or amend, by additions or deletions, any part of or portio~ thereof, or to alter or tamper with such Code in any manner what- soever which will cause the law of the City of Boynton Beach to be misrepresented thereby~ Any person violating this section shall be punished as provided in Section 4 of this ordinance. Section 9. on the ~ This ordinance shall become effective day of~ 1985. FIRST READING this day of 1985. SECOND AND FINAL READING and PASSAGE, this day of ~~ 1985. CITY OF BOYI~ON BEACH, FLORIDA BY: MAYOR COUNCIL ~/BER ~C TL- MEMBER BiTTES T: '~P~ ~ CI~f CLERK(Corp. seal) COUNCIL MEMBER (a) ALL SECTIONS CITED BY THE MUNICIPAL CODE CORP. INCLUDING PAGES WE RECOMMEND FOR CHANGE AND PAGES WE RECOMMEND NOT BE CHANGED. § 2-5 BOYNTON BEACH CODE Sec. 2-5. Position of prosecutor created. Pursuant to the provisions of Section 23 of the charter of the city, there is hereby created the unclassified position of city be filled by appointment by the citj eryc at the pleasure of the city council, position of city prosecutor s and authorized' to practice law within i (Code 1958, § 2-4.4) Sec. 2-6. Duty and responsibility of prosecutor. The duty and responsibility of the city prosecutor shall be to prosecute all cases for violation of ordinances of the city, when requested to do so by the city council, any police official or officer or the city manager. (Code 1958, § 2-4.5) Sec. 2-7. Compensation of prosecutor. Compensation for the office of city prosecutor shall be established by resolution of the city council. (Code 1958, § 2-4.6) Sec. 2-8. Legal defense and indemnification of city officials, employees. (a) Definition. The term "city officials and employees," as used in this section shall include the mayor, council members, all appointed officers of the city (including members of the housing authority) all board members, commission members or committee members of the city and all administrative personnel and employees of the city. (b) Right of representation. The city attorney's office, insurance defense counsel, if applicable, or other counsel appointed by the city council shall undertake the represen- tation or defense without charge of city officials and employees with respect to any claim or cause of action arising out of or related to the performance by said city officials or employees of their public duties. (c) Indemnification. City officials or employees who are personally liable for the payment of any claims arising out 218 ADMINISTRATION § 2-10 of a civil action, or settlements, judgments, expenses, costs and awards of attorney's fees arising therefrom shall be entitled to indemnification from the city (except to the extent the city's insurance coverage provides payment where the claim resulted from activities): (1) Which were done in good faith; (2) In which the city has an interest; (3) Which were within the course of employment or in the course of performance of public duties of the persons so acting; and (4) Were not willful, wanton or malicious. (d) Reservations of rights. The undertaking of legal defense by the city under subsection (b) above shall automatically be under a reservation of rights regarding the eligibility of the subject claim for the benefits provided by this section. (e) No waiver of defenses. Nothing in this section shall be construed to waive any defense in any action which would be available in the absence of this section to the city or individual city officials or employees, including but not limited to, those defenses which could be asserted under Florida Statute 768.28 or any successor statute thereto. (Code 1958, § 2-4.11) Sec. 2-9. Duties of vice-mayor. The vice-mayor shall, when the mayor is officially absent, during vacation, on leave, or otherwise, act as head of the city and shall assume all of the duties and responsibilities of the mayor. (Code 1958, § 2-4) Sec. 2-10. Official designation of vice-mayor. The vice-mayor shall, while acting in such official capacity, designate himself as vice-mayor in any instru- ment which he may sign in behalf of the city, including checks, ordinances or other official documents. (Code 1958, § 2-2) 219 2-13 BOYNTON BEACH CODE Law 92-512) except the ten per cent (10%) of such federal revenue sharing funds allocated for ordinary and necessary maintenance and operating expenses for' social services for the ion 2-62, shall be deposited into the )rovements fund. Oil sba from time to time by the dl state revenue shall be operating capital improvements (e) fund. from time to time by the of the funds remaining in the ~ts fund at the close of each ail appropriated or encum- and revert to the general Sec. 2-13.1. ent trust fund; powers of agency, ont. (a) There i~, lished and created in accordance with Florida Statutes (1983), a rede- referred to as the "trust"). (b) The funds al and deposited into the trust are hereby Beach Community Redeve]- opment Agency (hereinafter referred to as the "agency"} to fi- nance or refinance each community redevelopment project it un- dertak, all utilize the funds and revenues paid into ant r all and every community rede- ve]opment purpc in the plan for redevelopment and as provided] ,. (c) The annual funding of the "trust" shall be in an amount not less than that increment in the income, proceeds, revenues, and funds of the city or county derived from or held in connection w~th ~ts undertaking and carrying out of community redevelop ment projects therein. Said increment shall be determined and appropriated annually, and shall be that amount equal to ninety- five (95) per cent 5f the difference between: Supp. No. 15 222 ~(1) Thru anount of ad valor~n taxes levied each · ~ ~ year,by each~ taxing authority, exclusive of any ~m~unt prom any debt~ service millage on taxable real property contained within the geographic boundaries of a c~,,,~%ity re- developmmnt area; and The amount of ad valor~n taxes which %x~ld have been produced by the rate ~ which, the tax is levied each year by or r.or each taxing authority, exclu?ive: of~ any~ ~bt upon the total o~ - ... ,.-/~ ADMINISTRATION .~ 2-13.1 l(l~)~a.t amount of ad valorem taxes levied each year by~l ! t~ax~Rg,.authorities except the school board of Patm~ch County~taxable real ~)roperty contained wit~ t~e geo- ~aphic ~ es of the comm~niW redeve~ent pro'e~.. (2) ~~~~:r'em t~es ~ would have been produ~ th~ .~~ ~[<~the t~ is levied each ye~ ~ for all ~i~~ies except the ~h~l bo~d upon th~otal of the.~s~e~lue of the taxable real p~o~~nity redeve~t proje~ as sho~ ~p~n ~e mo~~sme~ ;~d in connection with the~uc~~ by each~ng authori- ty, last~equalized prior to the effective date o he ordi- ~a'~e from which this section derived. ~ All relevant taxing jurisdictions' obligation to fund the of a community redevelopment project have been paid, but only to the the 1 described in subsection (c) accrues, shall make their appropriation to the beginni: ~g of their fiscal year. The trust shall receive th~ ,ed, only as, if.. and when such taxes are shall fund the trust for the duration of each undertaken by the agency and shall begin with tax revenue received ; to OCtober 1, 1984. (1) notes of every issue of the agency out of revenues pledged to and deposited to the trust. The lien crea~ed by such: bonds or notes shall not attach until the revenues referred to' herein are deposited in the trust at the times, and to the extent that, such revenues accrue. The holders ofi such bonds or notes shall have no right to require the imposition of any tax or the establishment of any rate of taxation in order to obtain the amounts neces- sary to pay and retire such bonds or notes. The trust shall receive the tax increment described in subsection (c) only as, if, and when such taxes are collected. Supp. No. 18 222.1 §2-13.1 (2) and BOYNTON BEACH CODE the ~ ~bdivisi rules~ the for thei (fl develo .ing and agency shall exercise all with the provisions of any community re- the comprehensive plan o~~ zonin the , except 83-41, Editor,s expressl 2-13.1 was Cross § 1, 2-21-84) Dec. 20, 1983, as amended, did nor §§ 1--5 as hereinabove set out in -~ !9; taxation, Ch. 23. Sec. 2-13:2. powers to community re- gency. (a) The city council of the City of Boynton Beach hereby dele1 gates to the Boynton Beach Community Redevelopment Agenc3: Supp. No. 18 222.2 ADMINISTRATION 2-13.2 the following powers as authorized by Section 163.370, Florida Statutes (1983): (1) To make and execute contracts and Other instruments nec- essary or convenient to the exercise of its powers under this part; to disseminate slum clearance and community development information; and to undertake and carry out community' redevelopment projects and related activities within its area of operation, such projects to include: a. Subject to the approval of the city council, the acquisi- tion of a slum area or a blighted area or a portion thereof. b. Subject to the approval of the city council, the demoli- tion and removal of buildings and improvements. c. The installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the community redevel- opment area the community redevelopment objectives of this part in accordance with the community rede- velopment plan. d. Subject to the approval of: the city council, the disposi- tion of any 'property acquired in the community rede- velopment area at its fair value for uses in accordance with the community redevelopment plan. e. The carrying out of plans for a program of voluntary repair and rehabilitation Of buildings or other improve- ments in accordance with the community redevelop- ment plan. f. Subject to the approval of ti~e city council, the acquisi- tion of real propertyin the community redevelopment area which, under the community kedevelopment plan, is to be repaired or rehabilitated for dwelling use or related facilities, repair or rehabilitation of the struc- tures for guidance purposes, and resale of the property. g. Subject to the approval of the city council, the acquisi- tion of any other real property in the community rede- velopment area when necessary to eliminate unhealth- ful, unsanitary or unsafe conditions, lessen density, eliminate obsolete or other uses' detrimental to the public welfare, or otherwise to remove or prevent the Supp. No. 18 222.2.1 §2-13.2 (2) related and li BOYNTON BEACH CODE spread of blight or deterioration, or to provide land for needed public facilities, Subject to the approval of the city council, the acquisi- the area be in an area , railwa~v or or other influence on sites ght- housing (and for, s of Iow or To repair by vices deve] nancial or the furnishing or of ser- ities or community re- other public im- that it may federal fi- to federal law connection undertaking or and let in ctivities provi- it may deem (3) Within its areas of operation: a. T¢ any building or property, in any commu- nit in order to make inspections, surveys, appraisals, Soundings~ or test borings and to obtai~ an ~rder for this purp°Sefrom a court of compe- tent jurisdiction in the e~ent entrv is denied or resisted. b. Subject to the approval of the cit.v council, to acquire, by purchase, lease, option, gift, grant, bequest, devise, Supp. No. 18 222.2.2 ADMINISTRATION §2-13.2 (4) (5) or otherwise, any real property (or personal property for its administrative purposes), together with any im- provements thereon. c. To hold, improve, clear, or prepare for redevelopment any such property. d. To mortgage, Pledge, hypothecate, or otherwise encum- ber or dispose of any real property subject to approval of the city council. e. To insure or provide for the insurance of any real or personal property or operations of the county or mu- nicipality against any- risks or hazards, including the power to pay premiums on any such insurance. f. To enter into any contracts necessary~ to effectuate the purposes of this part. To invest any' community redevelopment funds held in reserves or sinking funds or any such funds not required for immediate disbursement in property or securities in which' savings banks may legally invest funds subject to their control; and to redeem such bonds as have been is- sued pursuant to Florida Statutes, Section 163.385 of this part at the redemption price established therein or to pur- chase such bonds at less than redemption price, all such bonds so redeemed or purchased to be cancelled; provided, however, that the community redevelopment agency shall use the City of Boynton Beach Finance Department. To borrow money and to apply for and accept advances, loans, grants, contributions and any other form of finan- cial assistance from the federal government or the state, county, or other public body, or from any sources, public or private, for the purposes of this part, a~d to give such security as may be required and to enter into and carry out contracts or agreements in connection therewith; and to include in any contract for financial assiStance with the federal government for or with respect to a community redevelopment project and related activities such condi- tions imposed pursuant to federal laws as the county or municipality may deem reasonable and appropriate and which are not inconsistent with the purposes of this part. Supp. No. 18 222.2.3 § 2-13~2 (6) (7) BOYNTON BEACH CODE Within its area of operation, to make or have made all surveys and plans necessary to the carrying out of the purposes of this part and to contract with any person, public ~or private, in m out such plans and to adopt such plans, mited to: a. voluntary repair codes, land and the use Co es, and other the undertak- iects and related and techniques, activities, for urban new or im- for families and from the (8) To of not ments . (9) (10) direct the they may Supp. No. 18 222.2.4 of persons ~ncerns, nonprofit re- to or and losses compensation is of such pay- · expenditures as part. coordinate, and part, as )ality in order ghted areas ADMrNISTRATION § 2-14 and preventing the causes thereof within such county or municipality may be most effectively promoted and achieved, and to establish such new office or offices of the county or municipality or to reorganize existing offices in order to carry out such purposes most effectively. Co) The City of Boynton Beach retains all powers in Section 163.375, Florida Statutes, not delegated herein to the Boynton Beach.Community Redevelopment Agency. (Ord. No. 84-28, § § 1, 2, 7-3-84) Editor's note--Ord. No. 84-28, §§ 1, 2, adopted July 3, 1984, being nonamend- atory of the Code, has been included herein as § 2-13.2 at the discretion of the editor. Sec. 2-14. Salary incentive program for law enforce- ment officers. The city hereby adopts the salary incentive program for its law enforcement officers provided by Florida Statutes, Section 943.22. (Code 1958, § 2-4.9) Supp. No. 18 222.2.5 ADMINISTRATION § 245 Sec. 2-15, Per diem and travel expense schedule.~ (a) Definitions. The following words shall have the meaning indicated: (1) Officer or public officer: A member of the city council. (2) E~ on the city payroll whether com- officer, who is filling a )osition and is responsible to the ~. (3) Authorized person: A person other than a public officer or employee as defined herein, whether elected or commissioned or not, who is authorized by the city to incur travel ex- penses in the performance of his official duties. b. A person who is called upon by the city to contribute time and services as consultant or advisor. c. candidate for an executive or profes- sional city. Traveler: A public officer, public employee, or authorized person, when performing authorized travel. Travel expense, traveling expenses, necessary expenses while traveling, actual expenses while traveling, conven- tion or conference registration, or words of similar nature: The usual ordinary and incidental expenditures necessar- ily incurred by a traveler. Common carrier: Train; bus, commercial airline operating scheduled flights, or rental cars of an established rental car firm. Travel day: A period of twenty-four (24) hours consisting of four (4) quarters of six (6) hours each. Travel period: A period of time between the time of depar- ture and time of return. Class A travel: Continuous travel of twenty-four (24) hours or more away from official headquarters. (4) (5) (6) (7) (8) (9) Supp. No. 16 222.3 ~2-15 ~,BOYNTON BEACH CODE (10) Class B travel: Continuous travel of less than twenty-four (24) hours which involves overnight absence from official headquarters. (ll) Class C travel: Travel for short or day trips where the traveler is not away from his official headquarters overnight. (b) City to incur traveling expenses. (1) All travel, except that of a member of the city council, must be authorized and approved by the city manager priOr to the time of travel. Such requests should not be authorized unless it is accompanied, prior to the time of travel, by a signed statement by the traveler's supervisor stating that such travel is on the official business of the city and also stating the purpose of such travel. (2) Traveling expenses of travelers shall be limited to those expenses necessarily incurred by them in the performance of ~ public Purpose authorized by law to be performed for the ~ity an~ must. be within the limitati OhS prescribed by this sectionl (3) Travel by public officers or employees serving temporarily in behalf of another agency or l~artly in behalf of more than one agency at the same time, or authorized persons who are called upon to contribute time and services as consultants or advisors, may be authorized by the citv. Complete explanation and justification runs; bl shown on the ~'avel expense voucher or attached thereto. (4) Traveling expenses of public employees for the sole pur- pose of taking merit system or job placement examina- tions, written or oral, shall not be allowed under any cir- cumstances, except that upon prior writ;eh approval of the city manager, candidates for executive or professional po- sitions with the city- may be allowed traveling expenses as authorized by the city manag&r and available in the budget. (e) Official headquarters. The official headquarters of an offi- cer or employee assigned to an office shall be the City of Boynton Beach. Supp. No. 16 222.4 ADMINISTRATION § 2-15 (d) Computation of travel time for reimbursement. For purpose~ of reimburSement arid methods '~of calculating fractional days" of travel, the following principles are prescribed: (1) The tr~ A travel shall be a calendar da.? (mid- or Class B travel shall period. For Class B (2) each quarter, included within his the a. b. iness outside of regular offce places of employment when sar5~ to stay overnight are approved. a per diem basis for subsistence as provided in for meals shall be based on Breakfast, when travel begins before 6:00 a.m. and extends:beyond 8:00 a.m. Lunchi ~h~n, traCel begins before 12:00 noon and ex- tends beyond 2:00 p.m. c. Dinner, whe~ travel begins before 6:00 p.m. and ex- tends beyond 8:00 p.m., or when travel occurs during mghtt~me hours due to special assignment. No allow- ance Shall be made for meals when travel is confined to the city or town of the official headquarters or im- mediate viciniW; except assignments of official busi- ness outside of the traveler's regular place of employ- ment if travel expenses are approved. (e) Rates of per diem and subsistence allowance. For purposes of reimbursement rates and me~h0ds of calculation, per diem and subsistence alloWances are divided into the following groups, and maximum rates to be determined by the city: (1) All travelers may be allowed for subsistence when travel- ing to a convention, conference, or training course, or when traveling outside the state in order to conduct bona fide Supp. No. 16 222.5 § 2-15 BOYNTON BEACH CODE Supp. No. 16 city business, which convention, conference, or business serves a direct and lawful public purpose with relation to the city, in either of the following: a.Up to fifty dollars ($50.00) per diem for travel in Flor- ida~ ~~~--:-- _em~- - : ~ b. Up to the amounts permitted in paragraph (4) below of this subsection for meals, plus actual expenses for lodg- ing at a single occupancy rate to be substantiated by p~id bills therefor. (2) All other travelers may be allowed same as subsection (1) hereof. (3) When lodging or meals are provided at a state institution, the traveler shall be reimbursed only for the actual ex- penses of lodging or rheals, not to exceed the maximum provided for in this subsectiom (4) Meals only. All travelers may be allowed an amount for meals, while on officiaJ business, up to the following amounts: a. Breakfast, three dollars ($3.00). b. Lunch, six dollars ($6.00). c. Dinner,~f~==m~s (~4)). twelve, dollars ($12.00). d. Total for twenty-four-hour period,~ dollars t~enty one 00). e. Additiona] amounts where specia] circumstances are appropriate as approved by the city manager. (I~ Transportation. (1) All travel must be by a usually traveled rouse. In case a person travels by an indirect route for his own convenience any extra costs shall be borne by the traveler and reim- bursement for expenses shall be based only on such charges as would have been incurred by a usually traveled route. The most economical method of travel for each trip shall be determined, keeping in mind the following conditions: a. The nature of the business. b. The most efficient and economical means of travel (considering time of the traveler, cost of transporta- tion and per diem or sUbsistence required). 222.6 (2) ADMINISTRATION § 2-15 c, The number of persons making the trip, and the amount of equipment or material to be transported. Transportation by common carrier when traveling on off]- cia] business and Paid:for personally by the traveler, shah (3) (4) (5) Supp. No. I6 vmay be el~icle, ager. operatio: sha]] not carrier on a flight check or credit in excess of the approved class shall be the city. ~ owned vehicles for official travel 7 owned vehicles or common carriers the city if. a publicly owned traveler shall be entitled to a mileage ed rate not to exceed twenty ~ or the common carrier to be determined by the city man- for expenditures related to the and ownership of a vehicle when privately owned vehicles iC business and reimbursement is made paragraph, except as provided for in be shown from point of origin to when possible shall be corn- of the current map of the State of Fl, Vicinity mile- a the conduct of official business is shown as a separate item on the expense v0ucher. Transportation by chartered vehicles when traveling on official business may be authorized by the city manager when necessary or where it is to the advantage of the city, provided the cost of such transportation does not exceed the cost of transportation by privately owned vehicle pursuant to para- graph (3) of this subsection. The city may grant monthly allowances in fixed amounts for use of privately owned automobiles on official business in lieu of the mileag~, rate provided for in paragraph (3) of this subsection, iAllowances granted pursuant to this para- 222.7 ($0.20)'~ § 2-15 BOYNTON BEACH CODE graph ' shall be reasonable and budgeted, taking into ac- count the customary use of the automobile, the roads cus- tomarily traveled, and whether any of the expenses inci- dent to the operation, maintenance, and ownership of the automobile are paid from funds of the city or other public funds. Such allowance may be changed at any time. (6) No traveler shall be allowed either mileage or transporta- tion expense when he is gratuitously transported by an- other person or when he is transported by another traveler who is entitled to mileage or transportation expense. How-- ever, a traveler on a private aircraft shall be reimbursed the actual amount charged and paid for his fare for such transportation.up to the cost, of a commercial airline ticket for th~ same fligi~t, even though the owner or pilot of such aircraft is also entitled to transportation expense for the same flight under this subsection. (g) Other expenses. The following incidental traveling expenses of the traveler may be reimbursed: (1) Taxi fare. (2) Ferry fares; and bridge, road and tunnel tolls. (3) Storage or parking fees. (4) Communication expense. (5) Convention registration fee while attending a convention or conference which will serve a direct public purpose with relation to the city. A traveler may be reimbursed for actual and necessary fees for attending events which are not included in the basic registration fee that directly en- hance purpose of public participation in the conference. Such expenses may include, but are not limited to, ban- quets and other meal functions. It shall be the responsibil- ity of the traveler to substantiate that the charges were proper and necessary. However, any meals or lodging in- cluded in the registration fee will be deducted in accor- dance with the allowances provided above. (h) Advancements. Notwithstanding any of the foregoing re- strictions and limitations, the city manager may' make, or autho- Supp. No. 16 222.8 ADMINISTRATION § 2-25 rize the making of, advances to cover anticipated costs of tra~,el to travelers. Such advancements include the costs of Subsistence and travel of any person transported in the care or custody of the traveler performance of his duties. Final report and made within five (5) days of amend editor. schedule. and lodging. When approved by may request the city to pay his to the vendor and lodging imited to an amount in accordance where directly inconsistent with 116.061 of the Florida Statute No. 84-13, § 1, 3-6-84) March 6, 1984, did not expressly I as § 2-15 was at the discretion of the Secs. 2-16~2-24~ ReServed. ARTICLE II. CITY MANAGER Sec. 2-25. Appointment; qualifications. Pursuant to the provisions of section 49 of the city charter, the city council shall by resolution appoint a city manager for an indefinite term. The manr. ger shah b~ appointed solely on the basis of his executive and administrative qualifications. He need not be a resident of the city or :state at the time of his appointment but m~y reside outside the city while in office only with the approval of the council. (Code 1958, § 2-21) Supp. No. 16 222.9 ADMINISTRATION § 2-58 Sec. 2-45. False statements or affidavits. Any person who shah make, transmit or deliver, or cause to be made, transmitted or delivered, any false statement or affidavit with the intent that the same be used under any provision of this article, shall be guilty of a violation of this Code. (Code 1958, § 8~18) Secs. 2-46--2-55. Reserved. ARTICLE IV. CONSULTANTS Sec. 2-56. Incorporation of Florida Statutes Section 287.055. There is hereby incorporated by reference and made a part hereof the "Consultants' Competitive Negotiation Act," being Florida Statutes Section 287.055. Copies of the Consultant's Competitive Negotiation ACt are on file in the city clerk's office and interested parties may obtain copies 'of the act there. (C .ode 1958, § 2-70) Sec. 2-57. Intent; jurisdiction. It is hereby declared to be the legislative intent of the city council that the city and all of its constituent commissions, boards, authorities and the like, with purchasing or procurement authority, Comply to the fullest extent with the spirit and mandates of the Consultants' Competitive Negotiation Act, Florida Statutes Section 287.055 and this article. The city administration shah have jurisdiction to perform the functions set forth for the city and all its constituent commissions, boards, authorities and the like whether they were established or. brought into existence by ordinance, resolution or motion of the city council. (Code 1958, § 2-71) !eeC'-'~'~'~ouncement of need for services When the city administration ~a~been~ advised of~f~t,h~e,/the ed for~.professi5~ial services covered by th~ee-C~nsul , § 2-58 BOYNTON BEACH CODE ~C~9~mpetitive Negotiation Act, the administration the pu , as follows: so ( in a local (b) services nee study interested the city obtaine ment, an may (c) In counCil; for in writing to the city manager requested notification be mailed. ( 2-72) c. 2-59. specify the type of the iata, (1) Evaluate performance with those regarding the (2) Certify in Consultants' who are of and based (a) the apt Government Form 251, attached to Number 77-10 and made a part hereof. ~3) (c)of the Act those firms work required 228 . . ~:_. ~ · § 3-2 BOYNTON BEACH CODE .-3-2.Sales to minors, drunkards. incompetents, It~hall be unlawful to sell alcoho]i,c, beverages to ~ ~..e~r~so;n~. der the ~e of eighteen (18)~ea~.'s, or ~, who is in~icated~ or who: is mentally 'ncom~nt ~d known to he.by the vendor, and to any, pe~ who is ~ h~bitua~nk~and ~known to be so by l ~vendor. (C~e 1958, ~ Cross reference--Mino~i~epresenting or using non-minor for illegal purpose, § 15-6. State law reference intoxicants to drunkards, F.S. Sec. 3-3, Solicitation drinks. It shall be loiter ' ~, F.S. § 562.11; furnishing solicitation of for any female to frequent or cabaret or nightclub, wit~he purpose purchase drinks, or for any prbl~-rietor or such establishment to allow the pre~u~ce in nent of any woman who violates~e this section. (Code 1958, § 17-42) ~ Sec. 3-4. Hours of sale. It shall be unlawful to sell, deliver or consume or permit the sale, delivery,, service or consumption on the premises where such licensed business is conducted, of: (a) Alcoholic beverages of more than one per cent (1% ) of alcohol by weight between the hours of 2:00 a.m. and 12:00 noon Sunday; it being the intent of this provision that the sale, service and consumption of alcoholic beverages shall be permitted between 12:00 noon Sunday and 2:00 a.m. the succeeding Monday. (b) Alcoholic beverages of more than one per cent (1%) of alcohol by weight between the hours of 2:00 a.m. and 8:00 a.m. on all days except Sunday; it being the intent of this provision that the sale, service and consumption of alcoholic beverages shall be permitted between the hours of 8:00 a.m. and 2:00 a.m. on the following day except as modified hereinabove with reference to Sunday. 288 ~ 5-2 BO~NTON BEACH CODE Sec. 5-2. Certificate of treatment for term~te.s re- quired before slab inspection. ~!ven by the bu/Iding merits Sec. 5-3: Building The 73. ~ith uni- thereto, as ~le in the office of the and established as city, except that 5-4 of this 6-6-78; Ord. No. 79-9, No. 83-43, § 1, 12-6-83) Sec. 54. Permit fees. (a) Permits for new buildings and additions: (1) Permit fees include: a. Building b. Electric c. Plumbing d. Mechanical 19-17 et seq.; community appearance board, § 19-38 et seq.; approval of commu- nity appem-ance board prerequisite to building permit, § 19-45; sign regulations, Ch. 21; building official to designate streets, § 22-1; construction, repair or alter- ation of streets, § 22-16; traile~ generally, Ch. 25; use of trailers for construction offices, § 25-7; approval of utility service prerequisite to building permit for development, § 26-15; zoning generally, App. A; planned unit developments, App. B: subd~vmmns, App. C. State law reference--Building construction standards generally, F.S. Ch. 553. Supp. No. 19 406 § 5-4 BOYNTON BEACH CODE c. Construction over $3.,000.00 of value equals $30.00 plus $20.00 for each additional $1,000.00 of value over $3,000.00 or portion thereof. (Permit value to be based on the value of the signed contract furnished to the building department.) (Ord. No. 84-54, ~§ 3, 12-18-84) Editor's note--Ord. No. 84-54, §§ 2, 3 adopted Dec. 18, 1984, provided for the repeal of § 5~t and enacted new prOVisions in lieu thereof, relative to the same subject matter, to read as herein .~et Out. Formerly, § 5.4 had been derived from Ord. No. 80-1, § 1, adopted Feb. 19, 1980, and Ord. No 83-32, § 1 adopted Oct 18, 1983. ' ' ' Sec. 5-5. Accessibility by handicapped. All interior doors in all dwelling units, hotel rooms and mote] room. s. on first floor only or floors serviced by elevators shall have a m~mmum of twentymine (29) inches clear opening, (door of at least thirty-two (32) inches in width) with the exception of stor- age rooms and closets. (Ord. No. 83-31, § 1, 10-18-83; Ord. No. 84-16, § 1, 3-20-84) Secs. 5-6--5-15. Reserved. ARTICLE Ii. ELECTRICITY* Sec. 5-16. Code adopted. The National Electrical Code, 1984 Edition, together ~th uni- form minimum Palm Beach countywide amendments thereto, copies of which are now on file in the office of the building official of the city, is hereby adopted and established as the standard by which electrical work shall be done in the city. All work done under this article shall comply with such standards unless a different requirement appears herein. (Code 1958, § 9-16; Ord. No. 78-22, § 1, 6-6-78; Ord. No. 79-10, § 1, 3-20-79; Ord. No. 824, § 1, 1-19-82; Ord. No. 85-19, § 1, 3-5.-85) Secs. 5-17--5-27. Reserved. Editor's note--Oral No. 84-54, § 2, adopted Dec. 18, 1984, repealed § 5-17, electrical permit fees, derived from Ord. No. 80-2, § 1, adopted Feb. 19, 1980, and *State law references--Electrical standards adopted, F.S. § 553.19; local re- sponsibi]ity to enforce, F.S. § 553.20. Supp. No. 21 BUILDINGS, ETC. ~ 5-50 Ord. No. 83-35, §:1, adopted Oct 18. 1983. Provisions relative to such subject matter are currently set out in § 5.4. ARTICLE III. PLUMBING* Sec. 5,28. Code adopted. with uni- ents thereto, as in the office of the and established a~ city. (Ord. No. 78-20, § 83-44, § 1, 12~-83) Sec. 5.29, Reserved. 2, adopted Dec. 18, 1984, provided for the repeal of { fees, deri~ed from Ord. No. 80-4, § 1, adopted Feb. 19,: 83-33, § 1, adopted Oct 18, 1983. Current provisions relative set out in § 5-4. SeeS. 5-30--5,39. Reserved. ARTICLE IV. GAS Sec. 5-40. Code adopted; fees. The Standard Building Code, Part II, Gas, 1982 Edition, to- gether with uniform minimum Palm Beach countywide amend- ments thereto, as amended, copies of which arenow on file-in the office of the building official, is hereby adopted as the gas code for the city. (Code 1958, § 5-1; Ord. No. 79~9, § 1, 3-20-79; Ord. No. 81-2, § 1, 1-20-81; Ord. No. 8-4-8, § l, 2-21-84) Secs. 541--5-50. Reserved. Editor's note--Ord. No. 84-54, § 2, adopted Dec. 18, 1984, provided for the repeal of § 5-41, permit fees for gas installations, as~derived from Ord. No. 80-4, § 1, adopted Feb. 19, 1980, and Ord. No. 83-33, § 1, adopted Oct. 18, 1983. Current provisions relative to such subject matter are set out in § 5.4. *Cro~s reference--Wet, r, f~tate law references--State plumb/n~ contro/f~t, F.S. J 553.01 et req4 local duty to inspect plumbing, F.S. Supp. No. 19 409 §5-51 ~ BOYNTON BEACH CODE ARTICLE V. ENERGY EFFICIENCY Sec. 5-51. Code adopted. The Florida Model Energy Efficiency Building Code, November 1978 Edition (with alternate pages 1-2A, 1-4A, 5-15A, 5-16A, 5-17A and 6-5A), copies of which are now on file in the office of the building official, is hereby adopted as part of the building code of the city, subject to such amendments, corrections and additions as shall appear in this article. (Code 1958, § 5-1; Ord~ No. 79-9, § 1, 3-20-79;. Ord. No. 81-2, § 1, 1-20-81) Secs. 5-52--5-61. Reserved. ARTICLE VI. MECHANICAL REGULATIONS Sec. 5-62. Code adopted. The Standard Mechanical Code, 1982 I~dition, together with uniform minimum Palm Beach countywide amendments thereto, copies of which are now on file in the office of the building official of the city, is adopted and established as the Uniform Standard Mechanical Code of the city. (Ord. No. 78-21, § 1, 6-6- 78; Ord. No. 81-3, § 1, 1-20-81; Ord. No. 84-8, § 2, 2-21-84) Secs. 54~3--5-69. Reserved. Editor's note--Ord. No. 84-54, § 2, adopted Dec. 18, 1984, provided for the repeal of§ 5-63, permit fees for mechanical installations, as derived from Ord. No. 8(~3, § 1, adopted Feb. 19, 1980, and Ord. No. 83-34, § 1, adopted Oct. 18, 1983. Current provisions relative to such subject matter are set out in § 54. ARTICLE VI.I. HEATING, AIR CONDITIONING AND VENTILATION See. 5-70. Code'adopted. The NatiOnal Board of Fire Underwriters Code for the Installation of Heat-Producing Appliances, Heating, Venti- lating, Air Conditioning, Blower and Exhaust Systems, as published by the National Board of Fire Uhderwriters, Supp. No. 19 410 BUILDINGS, ETC. § 5-173 (e) If a decision of the building board of adjustments and appeals reverses or modifies a refusal, order or disallowance of the or varies the 9~rly P Secs. ~erved. TION OF DILAPIDATED, AND UNSAFE BUILDINGS Sec. 5-171. Purpose. The authority good in the article are in pursuance of the and laws of the city to L c]eanliness of the city and to insure private buildings and structures article further allows for the common unfit, unsani ~ary and unsafe within the city to insure the public '. (Ord. No. 80-31, § 1, 7-15-80) Sec. 5-172. Scope. Every building and structure within the City of Boynton Beach, Florida,~ shall be subject to the provisions of this chapter. Where s building or structure is found to be unfit pursuant to section 5-173 of this chapter, said building or structure may be removed and demolished in accordance with the procedures set forth in this article, notwithstand- lng any other demolition procedures outlined in any other section of the City Code. (Ord. No. 80-31, § 1, 7-15-80) Sec. 5-173. Conditions rendering buildings and struc- t'Ures unfit and a nuisance. Any building or structure which has been determined by the building official or his designated representative to be in *Editor's note--Ord. No. 80-31, § 1, enacted July 15, 1980, amended the 1958 Code by addhqg provisions designated as Art. II, §§ 5-4--5-18, which provisions have been included in this Code as Art. XII, §§ 5-171--5-185. Supp. No. I 453 '~ ' § 5-i73 ~' '::? :~ ·-''~-~O¥~ON BEACH CODE any of the following 'conditions shall be designated as an unfit building and a nuisance and subject to demolition pursuant to this article. (a) If said building or structure has been determined to be an unfit dwelling unit pursuant to the housing code of the city. (b) If said building or structure by reason of fire, age, decay, deterioration, structural defects, improper design, unstable foundation, termites, acts of God or other causes shall be dangerous to the occupants thereof or to surrounding buildings and occupants thereof, a menace to public health, a fire hazard, or so unsafe as to endanger life or property or render the use of public streets dangerous. (c) If said building or structure contains violations of the City Code or state statutes which the city building official determines shall cost more than fifty (50) per cent of the total value of the building or structure to rectify. (Ord. No. 80-31, § 1, 7-15-80) Sec. 5-174. Duties of building official upon determi- nation that building or structure is a nuisance. Upon determining that a building or structure is a nuisance as laid out in section 5-173, the building official may order the vacation, demolition or removal of any dilapidated, unfit, unsanitary or unsafe building or struc- ture, including accessory building or may order the repair, restoration or replacement of any part or parts of any such building or structure. In those cases, where the cost of repairing, restoring or rep]acing any such part or parts of such structure or building shah exceed fifty (50) per cent of the dwelling or structure or the necessary repairs shah take more than sixty (60) days to complete, the building official shall order the demolition of said property and may not issue a building permit for the repair of said building or structure without an Supp. No. 1 454 BUILDINGS, ETC. § $-176~ order from the building board of adjustment appeal~ after a proper appeal has been taken in accordance with this article. (Ord. No. 80-31, § 1, 7-15-80) Sec, 5-175. Order and notice of condemnation gener- ally. When ,the building official verifies the existence of a including accessory building which is unfit or or which constitutes a nuisance as set out in be his duty to determine the owner of estate upon which the building or , is located and send of condemnation to such party. In add ~ shall be given to the lessee or occupants, if any, record interest, including mortgagee, agent with power of attorney, person s pendens and the like. (Ord, 7-15-80) Sec. 5-176. COntents of notice of condemnation. The notice and order of condemnation provided for by section 5-175 shall be in writing with an accurate description of the dwelling or structure, including accessory~.~ the street address and the realty of which it is shall in general terms, describe the condition or structure, including accessory buil~ lation of this article and shall state what the cia] orders to be done about the condition andi within which the work ordered to be and order shall require the owner and intere., )arties within thirty (30) days to obtain a repairs or improvements or begin to demoli~, the building or structure or portion thereof, to be done shall be comPleted within thirty (30) more days or a total of sixty (60) days. Any dt necessary as a result of any condemna- tion herein not require a fee. (Ord. No. 80-31, § 1, 7-15-80) Supp. No. 1 455 Chapter 6 CEMETERIES Sec. 6-1. Described. The following shall be the cemeteries of the city: MUNICIPAL CEMETERY, CITY OF BOYNTON BEACH: Blocks A thru G (excluding Block A), Official Plat Book #21, Page 84. BOYNTON BEACH MEMORIAL PARK: Blocks H thru M, Official Plat Book #27, page 186. BoYNTON BEACH MEMORIAL PARK, ADDITION #1: Blocks N thru Y (excluding Q, U and Z), Official Plat Book #30, Pages 154 and 155. S.~A SIMS MEMORIAL GARDENS: Official Plat Book #26, page 84. Sec. 6-2. Applicability. Except as otherwise provided, the provisions ,of this chapter shall apply to all cemeteries of the city. (Coae 1958, § 6-1) Sec. 6-3. Cemetery fund established; use, investment- The City of Boynton Beach, Florida, is hereby authorized to establish a separate trust fund for the perpetual care, upkeep and maintenance of said cemeteries and to designate the trustees of aid trust and to provide that all funds derived from the sate of s .... ~ots shall be paid into said trust fund to be designated cemel~ ~ · as the cemetery trus~ fund, and used for the perpetual care, upkeep and maintenance of said cemetery. The city is authorized to transfer and pay over to the ~rustees all funds heretofore set aside pursuant to section 6-3 of Chapter 6 of the Code of Ordinan- ces of the City of Boynton Beach upon the establishment of said trust. Said trust is hereby established according to the declara- Supp. No. 12 501 Chapter 7 COMMUNITY AN~rENNA TELEVISION SYSTEMS* Art. I. In General,§§ 7-1--7-20 Art. II. Franchises,§§ 7-21--7-41 Art. III. Installation and Maintenance,§§ 7-42--7-49 ARTICLE I. IN GENERAL Sec. 7-1. Definitions.: For this chapter, the following terms, phrases, and their derivations shah ~ven herein. When not inconsistent with the the present tense include the future ten the plural number include the singular number, and is in the singular number include the plural number. CA TV. "CATV" shall mean a community antenna television system as hereinafter defined. City. "City~' shall mean the City of Boynton Beach, a municipal corporation of the State of Florida, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated.form. Community antenna television system. "Community antenna television system" shall mean a system of antenna, coaxial cab:les, wires wave guides, or other conductors, equipment or facilities designed, constructed or used for the purpose of providing television or FM radio service by cable or through its facilities as herein contemplated. CATV shall not mean: (a) The transmission of any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as "pay television." *Editor's note--Ord. No. 83-13, enacted May 3. 1983, granted a nonexclusive license to Cente] Cable Television Company of Florida. to operate a community antenna television system within certain areas of the municipal limits of the city. Supp. No. 12 559 §7-1 BOYNTON BEACH CODE (b) A private community antenna system, e.g., which is a system of equipment designed to receive and distribute televisions and radio signals serving a minimum of ten (10) residential units in a condominium or nonprofit homeowners' association. Council. "Council" shall mean the present governing body of the city or any future board constituting the legislative body of the city. Franchise. "Franchise" shall mean and include any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct, operate and 'maintain a CATV system in the city. Any such authorization, in whatever terms granted, shall not mean and include any license or permit required for the privilege of transacting and Carrying on a business within the city in accordance with .Chapter 13 of this Code of Ordinances. Grantee. "Grantee" shall mean the person,, firm or corporation to whom or which a franchise, as hereinabove defined, is granted by the council under this chapter, and the lawful successor, transferee or assignee of said person, firm or corporation. Gross annual receipts. "Gross annual receipts" shall mean any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by a grantee from subscribers or users in payment for television or FM radio signals or service received within the city. "Gross annual receipts" shall not include installation and line extension charges, or any taxes on services furnished by the grantee imposed directly on any subscriber or user by any city, state or other governmental unit and collected by the grantee for such governmental unit. Property of grantee. "Property of grantee" shall mean all property owned, installed or used by a grantee in the conduct of a CATV business in the city under the authority of a franchise granted pursuant to this chapter. Supp: No. 12 560 COMMUNITY ANTENNA TELEVISION SYSTEMS § 7-3 Street. "Street" shall mean the surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court,, sidewalk, parkway, or drive, now or hereafter existing as such within the city. Subs, any person or entity ATV service of a grantee. 81-20, § 1, 6-16-81) Sec. ~7-2. Licensee; when term to be used. When and in the ~ grantee of any franchise granted hereunder , operates and maintains a telephone company maintained pursuant to and offers satisfactory of such franchise shall ~he the streets independently of such facilities, said grantee shall be ali of the provisions hereof as a whenever the term "grantee" is deemed to mean and include 7A-2) ,,! used "licensee." Sec. 7-3. Franchise required; unlawful acts and prac- tices. (a) It shall be unlawful for any person to establish, operate or to carry On the business of distributing to any persons in this. city any television signals or radio signals by means of system unless a franchise therefor has first been ant to the provisions of this chapter, and unless such franchise is in full force and effect. (b) It be unlawful for any person to construct, install or maintair in any! public street in the city, or within any other pu of the city, or within any privately- the city which has not yet ~t is designated or delineated as a proposed public r tentative subdivision map approved by the equipment or facilities for distributing any television signals or radio signals through a CATV system, unless a franchise authorizing such use of Supp. No. 2 561 § 7-3 BOYNTON BEACH CODE such street or property or area has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect. (c) It shall be unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically, inductively or otherwise, with any part of a franchise CATV system within this city for the purpose of taking or receiving television signals, radio signals, pictures, programs, or sound. (d) It shall be unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised CATV system within this city for the purpose of enabling himself or others to receive any televiSion signal, radio signal, picture, program or sound, without payment to the owner of said system. (e) It shall be unlawful for any person, without the consent of the owner, to willfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound. (Code 1958, § 7A-3) Sec. 7-4. Violations. Any person, firm or corporation operating or attempting to operate a community antenna television system within the municipal limits of the city, without complying with the provisions of this chapter with particular reference to obtaining a franchise to conduct such business, or after having obtained such a franchise, by failing to comply with all provisions hereof, shall, upon conviction thereof, be punished as for a violation of this Code of Ordinances. Any day upon which a violation exists or continues shall be deemed a separate and distinct offense. (Code 1958, § 7A-4) Sec. 7-5. Filings to be with city manager. When not otherwise prescribed herein, all matters herein required to be filed with the city shall be filed with the city manager. (Code 1958, § 7A-5) Supp. No. 2 562 ENVIRONMENTAL REGULATION § 7.5-23.1 official designation certain trees located within the City of Boynton Beach as specimen trees. Upon receipt of such a written recommendation, the city manager shall review sa s own comments and recommenda- uch recommendation, the - or their by certified mail the of the proposed hearing and corn to consider the report of the city : recommendation of the city manager and deny same and shall designate ~deems appropriate as specimen trees $~ Every to uniq! create a, No. 81-21, § 1, 7-7-81) Natural growth to be preserved. be put forth on all undeveloped property natural vegetative cover that is to be a fragile ecosystem, extinct in our area. unless it use of surrounding property or hardship on said owner. (Ord. Sec. 7.5-23. Natural vegetative cover on beach dunes. The natural vegetative cover on beach dunes shall be preserved in an undisturbed state of growth as a fragile ecosystem cl~ beach dune vegetation, grass, sea grape and tree mi1 be altered, removed or changed only in accordance with the requirements of this article except as .to nature trails, walks or pathways which may cross over same. (Ord. No. 81-21, § 1, 7-7-81) Sec. 7.5-23.1. Preservation of mangrove areas. Well-documented scientific research has established that mangrove ar~eas are the ecological base of the biological food chain for many important species, including some species of fish which are important for sport and commercial fishing. Supp. No. 2 603 §7.5-23.1 BOYNTON BEACH CODE Mangrove trees also provide a habitat and shelter for birds and other organisms and are possessed of considerable aesthetic value as well as providing for a storm surge barrier. For these reasons, land development and construc- tion thereon, should be consistent with maximum possible conservation of mangrove wetlands. (Ord. No. 81-21, § 1, 7-7-81) Sec. 7.5-24. Procedures of city inspector to be fol- lowed. All necessary procedures outlined by the city inspector, shall be followed in instances where the grade site is to be raised or lowered around an existing plant, where ditching for utilities, foundations, swimming pools, driveways or the like will severely cut root systems, or where large paved areas will delete the water supply and aeration necessary for the life of the tree or shrub, or where a change in the grade or drainage of development will seriously harm natural areas to be retained. In making this determination of the necessary procedure, the city inspector shall use the "Tree Protection Manual for Builders and Developers" to determine what is reasonable under the circumstances. (Ord. No. 81-21, § 1, 7-7-81) Sec. 7.5-25. Public lands. No tree shall be removed from any city lands, public park or any areas of the public right-of-way except in accordance with the provisions of this article. (Ord. No. 81-21, § 1, 7-7-81) Sec. 7.5-26. Appeals from decision of the building department. Any person, organization, society, association or corpora- tion, or any agent or representative thereof, aggrieved by any decision of the building department or city inspector in the enforcement of any terms or provisions of this article, may appeal to the community appearance board by filing within fifteen (15) days after the date of the decision complained of, a written notice of appeal thereof with the Supp. No. 2 604 CHAPTER 8 EXCAVATION AND FILL REGULATIONS* Sec. 8-1. Short title. Excavation 12-15-81) referred to as the "Boynton Beach (Ord, No. 81-37, § 2, Sec. 8-2. Purpose and intent. The purpose of this chapter is to provide a set of regula- tions which govern the excavation of materials within the City of BoyntOn Beachi It is intended that these regulations provide a minimum sel of standards lo be followed when excavation o~ materials is proposed within the City of Boynton Beach in order to protect the health, safety and welfare of current and future residents. The issuance of a permit by the city pursuant to th'is chapter shall not relieve any party from obtainin ~ excavation and fill permits from state, fed~ local governmental agency which has juris- diction ove~ e proposed fill or excavation. (Ord. No. 81-37, § 2, 12-15-81) Sec. 8-3. Scope. These regulations shall be applicable to all lands within the corporate limits of the City of Boynton Beach. (Ord. No. 81-37, § 2, 12'15-8I) Sec. 8-4. Objectives. The objectives of these regulations include but are not limited to the following: *Editor's note--Ord. No. 81-37, §§ 1, 2, enacted Dec. 15, 1981, repealed former Ch. 8, §§ 8-1--8-7, relative to excavations, and enacted in lieu thereof a new Ch. 8, §§ 8-1--8-16, as herein set out. Former Gh. 8 was derived from Code 1958, §§ 10-1--10-4. Cross references--Buildings generally, Ch. 5; street construction, alteration or repeal, § 22-16 et seq.; zoning, App. A; dredge, fill and excavation in course of subdivision development, App. C, Art. XIV. Supp. No. 4 647 § $-4 BOYNTON BEACH CODE (a) To provide a maximum degree of safety and protection for the public through the orderly control of excavation operations; (b) To mitigate nuisances and reduce the negative impact of excaVation opi~ration on the residents of Bo}mton Beach and the environment; (c) To provide a living environment for future residents of Bo)retort Beach which is relatively free from hazards which could result from misdirected excavation opera- tions; and (d) To permit the landowner to benefit from his owner- ship by providing for the orderly excavation of land consistent ~-ith the public health, safety and welfare. (Ord. No. 81-37, § 2, 12-15-81) Sec. 8-5. Definitions of terms. For the purpose of this chapter, the following definitions shall apply: (a) Buildin# offic~l: The administrative head of the build- lng department. (b) City e~.#~neer: The cit~- engineer of the .City of Boyn- ton Beach as appointed by the city manager. (c) Dep~ri~eni: The building department of the City of Bo~mton Beach. (d) Ezcawi~o~: The removal of materials from either above or below the water table and/or the grading, mixing or Spreading of materials. Construction excava- tion for structural foundations and underground pools are hereby excluded from the permitting requirements of this chapter. (e) F~lli~#: Placing material removed from another area on site or hauled in from off-site. (f) Mater~l: Sand, clay, rock, muck, gravel, loam or like materials existing or hauled to the site. Supp. No. 4 648 FIRE PROTECTION AND PREVENTION § 9-16 system by local electric power. Such supplementary or emergency lighting system shall be automatically actuated in case of power failure. Every emergency lighting system good working order and shall be every ten (10) days. of the assembly occupancy not now above shall comply with the above re( one year from the 4th day of February, 1975. 12-2.2) Secs. 9. ~eserved. tRTICLE II. FIRE CODES Sec. 9-15. National codes adopted. ~ There is hereby by the city for the of adopted purpose ~ng regulations governing con~iitions*' hazardous to ~ ~. iife a~~:e~t~' from fire or explosion, the National Fire 1984 Codes,X~' -Ed~ition, recommen~led by the National Fire Protection Association. inciuding all revisions thereof made from time to time, save and except such portions as are hereinafter deleted, modified or amended, of which code not less than three (3) copies have been and are now filed in the office of the clerk of the ciW, and the same is hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the limits of the city. (Code 1958, § 12-1) Sec. 9-1:6. Where bulk storage of inflammable liquids in outside aboveground tanks prohibited. The limits in which bulk storage of inflammable liquids in outside aboveground tanks is prohibited, are hereby established as follows: Bounded on the east by the Florida Inland Navigation District Canal; on the north by the Boynton Canal; on the west by Seaboard Air Line Railroad; and on the south by Woolbright Road (South 15th Avenue). Such bulk storage 685 § 9-16 BOYNTON BEACH CODE is also prohibit-ed within t. wo hundred fifty (250) feet of U.S. Highway No. 1, and within five hundred (500) feet of any church, school, theater, or other public gathering place, or similar type bulk storage tank installation located on any noncontiguous parcel. Any building permit issued for the construction of bulk storage tanks contemplated hereinabove, shall be subject to the imposi- t-ion of any reasonable safety requirements deemed ~]llll~l~l~l~mcessary by the city council dictated by the physical .~of t-he proposed site of such tanks. (Code 1958,§ erence--Zoning generally, App. A. See. 9-17. Penetration of fire walls and fire breaks. Any material penetrating a fire break or fire wall shall have the equivalent fire rating of that break or wall which is penetrated. (Code 1958, § 12-2.1) Sec. 9-18. Automatic sprinkler systems required. Approved automatic fire sprinkler systems as hereinafter defined shall be installed throughout the following buildings and structures or appropriate sections thereof. (a) The following buildings of an institutional character: Hospitals, nursing homes, homes for the aged, convalescent centers, jails and penal institutions, nurseries caring for children who are bedridden; and all occupancies and uses of similar nature to those herein stated without regard to the type of construc- tion or height of the building or structure involved. (b) The following buildings devoted to residential use or occupancy: Apartment buildings, hotels, motels, boarding houses, condominiums, rooming houses, dormitories and orphanages, subject to the following exceptions based upon type of construction and height of structure: (I) All wood frame buildings and structures which are two (2) stories or less in height provided they do not exceed twenty (20) feet in height. 686 § 9-37 BOYNTON BEACH CODE two (2) days after the occurrence of the same, by the officer, in whose jurisdiction such fire has occurred. Such report shall be in such form as shall be prescribed by the chief of the fire department, and Shall contain a statement of all umstances of such other in hours, kept Sec. 0-40. Annu~ report required. The annual report of the bureau of fire made orl a school prevention shall be date decided upon by the city council and transmitted to the ~ proceedings un chief of the The chief' Of the fire · or city council. It shall contain all with such statistics as the wish to include therein. shall also recommend any which, in his judgment, shall be 12-15) desirable. (Code Secs. 9-41--9-50. Reserved. 692 Chapter 10 GARBAGE, TRASH AND OFFENSIVE CONDITIONS* Art. I. In General, §'§ I0-1--I0-21 Art. II. Refuse, Garbage and Trash, §§ 10-22--10-49 Art. III. Abandoned, Wrecked or Junked Vehicles, §§ 10-50--I0-56 ARTICLE 1, IN GENERAL Sec. 10-1. Penalties. Unless otherwise provided, any person violating any of the provisions of this chapter, shall be punished by a fine of not more than one hundred dollars ($100.00) or by imprisonment for not exceeding thirty (30) days, or by both such fine and imprisonment. (Code 1958, § 13-42) Sec. 10-2. Lands to be kept free from trash or filth. The owners of lands within the city shall keep the same and one-half (~ of any abutting s~reet, alley or easemem free from any accumulation of trash or filth, broken tree limbs or branches. uncontained garbage or refuse, any containers or mat erials which could hold or conceal pools of water, and heavy dense or dank growth of weeds, grass, underbrush, palmettos, Flo~'ida holly trees, or other uncultivated vegetation, or other dead or living plant life, which might constitute a fire hazard, serve as a breeding place for or harbor insects, rodents, wild animals, snakes or other pests or vermin, or give off an offensive odor, [which] shall in each constitute a nuisance when any parts or accumulation of growth are located within fifty (50) feet of the boundary of any developed or maintained adjacent property located in the corpo- rate limits of the City of Boynton Beach. In the event accumula- tion or growth constituting a nuisance is defined herein or lo- cated on acreage, then only that area which is within fifty (50) "*Cross references--Sanitation placed within department of public works, § 2-2; removal of dead animals, §§ 4-7. 4-8: nuisances arising from keeping of animals, § 4-9; open burning, § 9-3; stench bombs and other offensive matter, § 15-11; litter, § 15-26 et seq.; disposal of refuse and trash in beaches and parks, § 16-49. Supp. No. 9 747 § 10-2 BOYNTON BEACH CODE feet or less from the nearest boundary shall be declared to be a nuisance. It is further found and declared that said accumulation and growth are detrimental to the economic welfare of the adja- cent property, and injurious to the public safety~ health and welfare of the City of Boynton Beach and its inhabitants. Said nuisanCeS also adversely affect economic growth, stability and prosPerity of said cit~" and liS inhabitants. It is further found and declared that dense, undergrowth, weeds and vegetation either cultivated~ Or unCultivated that are allowed to grow so as to impede and obstruct the normal view of intersections, railroad crossin streets, roads and highways are traffic 'eby declared to be a nuisance. ¢Code Ord. No. 80-27, § 1, 7-15-80; Ord. No. ) Sec.' I0~3. ~ be ~t free from matter occa- hazards. All lands in the city shall be kept free from debris, vegetation (including trees) or any other matter, which by reason of height, proximity to neighboring structures, physical condition or other peculiar characteristics, might, in time of hurricane winds, cause damage to life or property within the immediate area surrounding the same. The existence of any debris, vegetation or other matter as shall create SUch a hazard' is hereby declared to be a nuisance. (Code 1958, § 13-17) Sec. 10-4. Designation of enforcement officer; pow- ers and duties; abatement of nuisances generally; penalty for failure to abate nuisance. (a) The city manager or his designated representative shall, as often as may be necessary, inspect lands within the city to discover nuisances that exist within the city. (b) If the city manager or his designated representative shall determine that a nuisance exists on any land within the city, he shall forthwith notify the person designated as the owner of the property on the public records of the county of such nuisance and direct him to abate the nuisance within Supp. No. 9 748 §t0-53 ~'~ B©YNToN BEACH CODE shall allow any partially dismantled, nonoperating wrecked, junked or discarded vehicle to remain on such property longer than seventy-two (72) hours; and no person shall leave any such vehicle on any property within the city for longer time than seventy-two (72) hours; except that this article shall not apply to a vehicle in an enclosed building; a vehicle on the premises of a bUsiness enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a~ vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city. (Code 1958, § 29-5) Sec. 10-54. Nuisance declared. The accumulation and storage of one or more of such vehicles as hereinbefore defined, on public or private property shall constitute a nuisance, detrimental to the health, safety and welfare of the inhabitants of the city and itshall be the duty of the owner of such vehicle, and it shall also be the duty of the private property owner, or lessee, or other person in possession of private property upon which such vehicle is located, to remove same from the city limits or to have the same housed in an enclosed building where it shall not be visible from the street. (Code 1958, § 29-6) ~ Sec. 10-55. Notice to owner. It shall be the duty of the city manager or his designee, to give written notice to the registered owner of any vehicle which is in violation of this article, or to give such notice to the owner, lessee or person in possession of the private land whereon said vehicle is situated where the identity of the registered owner is not readily ascertainable, advising such person, or persons that said vehicle violates this article and demanding that said motor vehicle be removed from the city within seventy-two (72) hours ,or that within seventy-two (72) hours same be housed in an enclosed building where it will not be visible from the street; Such notice may be given by personal service or by registered mail. (Code 1958, § 29-7) ~upp. No. 9 764 Chapter .13 LICENSES* Art. III. Garage Sales,§§ 13-52--13-58 ARTICLE L IN GENERAL Sec. 13-1. License tax imposed; basis of one year. A tax is hereh by the city upon each and every business, profession ant )ation having a business location or branch office in the respective The amount of shall be on the basis of one year. (Code 1958, § 15-1) State law reference--Authority to levy occupational license tax, F.S. ~ 13-2. Registration-required; fee;' basis of o~n~ ~scal Year; penalty. Any person-'~v~ engages in any bUsine~ ,s~cupation, or ~on within ~'"~unicipal bo~umt~ies of the City o! Boynton Beach, Flori~quired to be licensed h~i be ~eg~'~ere~'~nually with the city. b~ formto b~ed by_ the city andt by: paying t~t~h~city a registration fee of te~ ~ars ($10.00).[ 3]~n~o¢~e~rYl61~dting this provision by failing to regis~h .~r~._~q ~uiredI .~-,,fo~:mation with the city shall be deemed guilty of a misdei'r~4,j *Cross references--Code enforcement board generally, § 2-72 et seq.; enforcement of this chapter by board, § 2-75; county dog license required, 4-27; regulation of peddlers and solicitors, Ch. 17; taxation generally, Ch. 23; regulation of taxicabs, Ch. 24. Supp. No. 15 919 § 13-2 BOYNTON BEACH CODE [~ded hereinafter. (~ Sec. 13-3. Application for license. Before the city shall be required to issue a license for engaging in or carrying on any of the businesses or professions or occupations specified and set forth herein, it shall be the duty of the applicant to file an application with the city, such application to be in the form required by the city. (Code 1958, § 15-3; Ord: No. 79-8, § 1,3-6-79; Ord. No. 81-17, § 2, 6-2-81; Ord. No. 84-1, § 3, 1-17-84) Sec. 13-4. Issuance. Upon payment of the required tax, the city manager shall issue to the person paying the same, a license signed by such city manager. (Code 1958, § 15-4; Ord. No. 79-8, § 1, 3-6-79) Sec. 13-5. Dates due and delinquent; penalties. Licenses hereunder shall be sold beginning September first of each year and shall be due and payable on October first of each year, and shall expire on September thirtieth of the succeeding year. Those licenses not renewed by October first shall be considered delinquent and subject to a delinquency penalty of ten per cent (10%) for the month of October, plus an additional five per cent (5%) penalty for each month of delinquency thereafter until paid. However, the total delinquency penalty shall not exceed twenty-five per cent (25%) of the occupational license fee for the delinquent establishment. State law reference-~Similar provisions, F.S. § 205.053(1). Sec. 13-6. Engaging in business without license or under a license issued upon false state- merits; penalties; prima facie evidence. It shall be unlawful for any person to engage in any business, profeSsion or occupation taxable by license Supp. No. 15 920 LICENSES ~.~ 13-15. Compliance by prinCig pal. master or e § 13-16 as § 15-11) Sec. 13-16. Issuance, susp revocation of license; apPeal No license shall be issued unless it is found that the proposed business and location comply with the city zoning code and other applicable city ordinances. No license shah be issued for an occupation where certification is required under state law unles~ proof of said certifiCation is provided. A license may be upon a finding that the business is of the City Code. An initial determination upon issuance or revocation will be made by the building official or other appropriate city official. The applicant shall have ten (10) days after receiving notification in writing from the ~ity occupational license clerk of the suspension, or revocation to appeal the determination of the building official or appropriate city official to the city council. The request for appeal shall be filed with the city clerk in writing. Within fifteen (15) days after receipt of the appeal, the city council shall hold a quasijudicial hearing in the denial of the license application or the suspension or revocation. (Code 1958, § 15-12; Ord. No. 81-17, § 6, 6-2-81) Supp. No. 1 925 §13-16.1 BOYNTON BEACH CODE Sec. 13-16.1. Effect of issuance of license. The issuance of a license shall merely indicate that the applicant has paid the appropriate occupational license tax. The mistaken issuance of a license shall not be deemed to be a waiver of any provision of the City Code nor shall the issuance of a license be construed to be a judgment of the city as to the competence of the applicant to transact the licensed business. (Ord. No. 81-17, § 7, 6-2-81) Sec. 13-16.2i Posting of licenses. Ail occupational licenses issued to a business that has a permanent place of business within the city shall display the .same prominently within its place of business. In those occupations without a permanent place of business, the licenseholder shah be required to produce the license upon request. (Ord. No. 81-17, § 8~ 6-2-81) Cross referenCe--See also, § 13-13. Sec; 13-17. Records, reports required of dealers in used or secondhand goods. All persons who shall in any way whatsoever buy, sell or trade any used or secondhand personal property of any and all kinds shall keep a complete and true record of all transactions, showing the name and address of the person from whom each article of personal property was acquired, the date of acquisition, and the date and to whom each article of personal property was sold or traded. All such persons dealing in used or secondhand articles of personal property shall make a full and complete report of such transaction each and every week to the city police department. The records of such dealers in regard to the items as aforesaid shall at all times be open and subject to the inspection of any police or peace officers of the city. (Code 1958, § 15:13) Sec. 13-18. Exemptions. (a) Disabled veterans of the Spanish-American War, World War I, World War II and the Korean War, all Supp. No. I 926 LICENSES § 13-20 confirmed cripples, blind, deaf and dumb persons and invalids physiCally incapable of manual labor, widows with minor dependents and persons sixty-five (65) years of age or older, shall same exem persons law in county licenses. exemption provided by this and furnishing of the supporting his right to license Which shall have plainly the face thereon the reason for § 15-14) ons granted by state law, F.S. §§ 205.162, 205.171. Sec. 13-19. Method, of enforcement; injunction. Any and who fails to pay a license privilege tax re, or any other ordinance of the city or law of the State of Florida, shall upon petition by the city be enjoined by the circuit court from engaging in the busi he has failed to pay said license, until pay the same with all costs of such action. (COde :i958, § 15-16; Ord. No. 81-17, § 10, 6-2-81) Sec. 13-20. Licensing of used car lots. (a) Definition. For the purposes of this section, a "used car lot" shall be considered to be any business location within the municipal limits of the city engaged in the wholesale or retail sale of secondhand or used automobiles, or other type of used motor vehicles and other services normally attendant to Such business. (b) Approval: required. Prior to the issuance of any occupational license authorizing the operation of a used car lot within the city, such license must be approved by the city council. In addition to the other requirements set forth in this section ~d other existing sections of the Code, if it is the judgment of the city council that the issuance of such license shall result, in increasing or creating fire, traffic or Supp. No. 1 927 LICENSF_~ § 13-22 Sec. 13-21.1. Handyman and repair license. No license shall be issued for the occupations of handyman, home repairman or building repairman to any person or corporation that does not hold an effective occupational license for those professions on the effective date of this ordinance. Any person or corporation failing to reneWthe aforesaid license in a timely manner as provided in this chapter shall forfeit the right to obtain the aforesaid handyman, home repair or building repair license. (Ord. No. 81-17, § 12, 6-2-81) Sec. 13-22. License tax schedule. The amounts of tax which shall be paid by persons engaging in or managing businesses, professions or occupations for which a license is required are hereby fixed as follows: 30 32 34 36 38 40 Supp. No. 1 10 Abstract ................................ $ 100.00 12 Accountant, Auditor, Bookkeeper ......... 70.00 14 Adding Machines, etc., Sale (See Merchant) 18 Advertising .............................. 262.50 20 Agent or Agency ......................... 30.00 22 Airplane ................................ 30.00 24 Alterations to Clothing ................... 20.00 26 Ambulance Service, per vehicle ............ 30.00 28 Amusement Arcade, per machine and opera- tor (See Vending charge) Animal Grooming Service ................. 50.00 Answering Service ....................... 50.00 Appraiser ............................... 70.00 Aquarium ............................... 30.00 Archery Range .......................... 50.00 Architect ................................ 70.00 929 LICENSES ~ 13-22 694 Piano-tuner .............................. 30.00 698 Plays .................................... 30.00 700 Podiatrist ....: .......................... 70.00 701 Pressure Cleaning ........................ 30.00 702 Printer (See 420 Factory) 741 744 750 760 762 764 765 Supp. 704 Private SchOol ............................ 50.00 708 Promoter'. ..... .......................... 150.00 709 Property Management .................... 30.00 712 Psychiatrist .............................. 70.00 713 Psychotherapist .......................... 70.00 714 Public Steno ............................. 50.00 730 Railroad Company ........................ 150.00 731 Realtor Board ............................ 30.00 732 Real Estate Broker ........................ 50.00 734 Real Estate Salesman ...................... 20.00 736 Repair Shops (See 420 Factory, per em- ployee) 738 Restaurant, per seat ...................... 2.00 740 Reupholstery (See 420 Factory, per em- ployee) Retirement Home ......................... 50.00 Rinks, Skating, Etc ........................ 100.00 Salvage and Leasing ....................... 30.00 Secondhand Clothes ....................... 70.00 Secondhand Furniture ..................... 70.00 .Security Service .......................... 30.00 Service .................................. 30.00 No. 4 947 § 13-23 BOYNTON BEACH CODE Secs. 13-23--13-32. Reserved. ARTICLE II. CONTRACTORS* Sec. 13-33. Applicability of general provisions. Except as otherwise provided herein, the licensing of contractors shall be subject to the provisions of Article I of this chapter. Sec. 13-34. License required. Except as otherwise provided herein, it shall be unlawful for any one to engage in business as a contractor, as defined by the special acts and ordinances of the county, and having a business location or branch office in the city or engaging in or competing with any occupation engaging in interstate commerce, unless he has obtained a license in accordance with the provisions of this chapter. Sec. 13-35. RegiStration in lieu of license. (a) Holders of valid count~w~ide municipal contractors' licenses shall not be required to obtain city occupational licenses, but shall register with the city manager and pay the fee required by section 13-38. (b) Contractors certified by the State of Florida shall not be required to obtain ciW occupational licenses, but shall register with the city manager and pay the fee required by section 13-38. ~ders of valid contractors~-~ense_s ~s~~ l m~ni~' ~the State of Florida~Y~uired by t this cl~apter to off~i~al_license.s s~h.all I regis, ter ~w~ty~nager Lsection'l~3~38. Sec. 13-36. County or state certification prerequisite to license or registration. No person shall be licensed or registered as a contractor unless he has been and is currently certified by the state or *Cross reference--Building regulations general]y, Ch. 5. Supp. No. 1 952 LICENSES § 1340 Palm Beach County for the particular branch or type of contracting for which the license is sought. Sec. 13-37. or regis- No article registered: pursuant to this to the city, form by the county. uired as a prere, Sec. 13-38. Reservedi Editor's note--Ord. No. 83-1, § 1, enacted Feb. I, 1953, repealed § 13-38, speCifying license and registration fees for Contractors. Sec. 13-39. Renewal of masters' and journe~xnen's cards. Any ho]der of a current card as a master or journeyman plumber or electrician, which card was issued under prior ordinances of the city and has been kept continuously in effect, shall be enti- tied to have such card renewed Upon payment of the following fees: (a) Journeyman electrician ...................... $2.00 (b) Master electrician ........................... 5.00 (c) Journeyman plumber ........................ 2.00 (d) Master plumber ............................. 3.00 Such cards shall expire at the same time and in the same manner as is provided for licenses under the provisions of this chapter. SeC. 13-40. Partial year licenses. Contractor's licenses shah be subject to the provisions of sec- tion 13-7 relating to partial year licenses. Registrations and re- newals shall not, and the full fee therefor must be paid regardless of the time of registration or renewal. Supp. No. 12 953 Chapter 14 MOTOR VEHICLES AND TRAFFIC* city shall drive ~his section. (Code Sec. 14-2. Speed in construction areas. The speed of vehicular traffic over any portion of any street, avenue, road, highway or other thoroughfare within the city used by vehicular traffic, which area is under construction or repair and properly marked by signs as such, shall not exceed twenty (20) miles per hour, and the speed limits hereinabove established shall be altered accordingly :when: such construction conditions exist, except a loWer speed limit has been established and in ~event the lower speed limit Shall govern. (Code 1958, *Cross references--Identification of vehicles used in business, § 13-21; unnecessary use of horns, § 15-8(b); noisy vehicles, § 15-8(f), (h); parades, § 15-10; prevention of scattering of loads, § 15-33; traffic and parking regulations in beaches and parks, § 16-69 et seq.; recreational'vehicles, Ch. taxicabs, Ch. 24; trailers? Ch. 25; traffic control devices in subdivisions, pp. C, Art~ IX, § 16; design specifications for traffic control devices in subdivisions, App. C, Art. X, § 17. State law references--State traffic control law generally, F.S. Ch. 316; municipal legislation prohibited on matters covered by that law, F.S. § 316.007; powers of local authorities, F.S. § 316.008; municipal speed limits, F.S. § 316.189. Supp. No. I 1019 § 14-3 BOYNTON BEACH CODE payable to the City of Boynton Beach. (Code 1958, § 29-4; Ord. No. 81-10, § 1, 4-7-81) Cross reference--Zoning ordinance, App. A. Sec. 14-4.. Solicita business. (a) It hi the not be public where 'er thereon for .~ of State 316,008(1)(u). · to prohibit' hitchhiking, F.S. § mote . I vehi( ! ~ Supp, No. 18 1958, § 29-3) peed limit for ield. ' tracks [ at a speed in excess of 1022 power or than or other be i incapable of atic signal city, MOTOR VEHICLES AND TRAFFIC § 14-7.1 ~9~r and such vehicles shall yield the ri~- other ve~ pedestrian traffic-proce~edJ~_ ~a%~oss or ove~ ~ts a r~~ack at grad~ev6~, ~on~~mentcan~~with r~onablel Sec. 14-7. Trains blocking or obstructing crossings. (a) No two (2) or more consecutive street crossings, where the streets of the city intersect a railroad track at grade level shall be blocked by railroad traffic of any nature whatsoever, at the same time, for a period of ten (10) minutes, and in no case within the city by than twenty (20) been blocked by railroad traffic for a period of more than twenty (20) minutes, said crossing shall not again be blocked by railroad traffic until: it has been cleared for the use of vehicular or pedestrian intersect- ing streets for a at least t~.n (i0) minutes. (b) It shall be the responsibility trains or Other within or through the city to notify the city police and fire departments~ whenever any street crossing is to be blocked by railroad traffic for a period of ten (10) minutes or more. (Code 1958, § 29-3.2) Cross reference--Obstructing streets generally, § 22-4. Sec. 14-7.1. When sounding train whistle~orn prohibited; penalty. (a) It shall be unlawful and a public nuisance for any person, business or corporation operating a railroad train of a railroad company wholly within the State of Florida to blow, activate, or in any way permit or cause the blowing or activation of train whistles and/or horns from railroad trains between the hours of 10:00 p.m. ~and 6:00 a.m. on any day, when such train is traveling within the. City of Boynton Beach, Florida. Supp. No. 18 1023 § 14-7.] (b) This crossings having BOYNTON BEACH CODE aC-grade railroad train devi- fines and (a) shall be in addition and the at pu sale shall ha the city once a week for a days shall take title to ~ con city prior to Said to address of been owner an, affiant, shall Vehicle, as defined in the Statutes of ~ possession of the the city said two (2) consecutive least fifteen (15) sale property free ~ prior diligent search be official cond~ such sale, ascertain the and residence subject has addresses of the or that the are unknown to be set forth therein and filed in the sale proceedings. A copy of the notice of sale shall be mailed to each owner and lienholder, if known, at least ten (10) days Supp. No. 18 1024 MOTOR VEHILCES AND TRAFFIC § 14-8 prior to the date of sale. Failure of such owners and lienho]ders to receive such notice shal] not invalidate the sale. Any owner or lienholder shall have the right to redeem subject property prior to the time of sale by paying the city all costs incurred in connection with the proceedings, including moving costs incurred. Proceeds of sUch sales shall i~e part of the general fund of the city to be utilized pursuant to directions of the city council for any lawful purpose. (Laws of Fla., Ch. 63-1123, § l) Cross reference-~Alternative provisions for abandoned, wrecked or junked vehicles, ~ 10-50 et seq~ State law referencesmVehicle defined for purposes of traffic law, F.S. § 317.003(64); supplemental procedure for removal and destruction of abandoned property, includin~ definition of "abandoned property," F.S. § 705.16. Supp. No. 18 1025 [The next page is 1075] Chapter 15 OFFENSES--MISCELLANEOUS* one (1) year .... ARTICLE I. IN GENERAL Sec. 15-1. Adoption: of state misdemeanors. It shall be un!awful f0r any person to Commit, within the corporate limits of the city, any act which is or shall be recognized by the laws of the State of Florida as a misdemeanor, and the commission of such acts is hereby forbidden and declared a violation of this section. Whosoev- er shall violate the provisions of this section, upon conviction thereof, shall be punished by the same penalty as is provided therefor by the laws of the State of Florida, but in no case shall such penalty exceed a fine of five hun- dred dollars ($500.00)?r a term of imprisOnment not in excess o£~f~r ~oth such fine and imprisonment. (Code 1958, § 17-42.1; Ord. No. 79-33, § 1, 12-5-79; Ord. No. 80-43, § 1, 10-21-80) Annotation--Adoption of state misdemeanors, including future enact- merits authorized, MacFarland v. Roberta, 74 ~.2d 88 (Fit, 19~r~4); Jaramillo v. City of Hor~estead, 322 So.~x] 496 (Fla. 1975); State v. Smith, 189 So.2d 846 (FI~ 4th DCA 1966). Sec. 15-2. Advertising matter; unauthorized posting. It shall be unlawful for any person to fasten, in any way, any show card, poster or other advertising device upon public or private property in the city unless legally authorized to do so. 'Cross references--Offenses minting ~to alcoholic beverages, Ch. 3; prohibited acta pertaining to library, § 12-7; offenaea relating to motor vehicles and traffic, Ch. 14. Supp. No. 20 I075 15-3 Sec. 15-3. Reserved. Editor's note-Section 15-3, relative to the distribution of circulars, throw- sways and Bandbills, derived from Ord. No. 78-45, § 1, enacted Sept. 19, 1978, was repealed by Ord. No. 82-22, §' 2, adop'~d July 20, 1982. Sec. 15-4, Failure to respond to lawful proeeas. It shall unlawful and a violation of this Code for any to respond to or comply with any lawful proc~ or issued by any board, comm/s~ion or other city agency. $e~-15-5. Fireworks displays. (a) Permit required. Fireworks displays shall be lawi~ul only ff held and conducted in accordance with permits hsued pursuant to this ~ection. (b) Permit application. Application for a permit for a fireworks display shall be made in writing to the city manager at least fifteen (15) days in advance of the date of the display, ~tion referral. The application for a permit shslI be referred by the city manager to the chiefs and fire departments. (d) Conditior~s/or issuance. No permit required by this ~tion shah be granted unless the operator/z approved by both the chiefs of the police and f'n*e departments, or the chief of the fire department f'mds that the display i~ of such a .character and is so located, and that the firewori~ will be discharged or fired, so as not to be hazardous to property or endanger any person. (e) Permits not transferable. Fireworks display permits shall not be transferable. (Code 1958, § 17-15) 8tare l~w refer~nee--Pos~e~ion, ~al~ or u~ of fimworlm, F.S. ~ 791.02. ~5--6~ Minors misrepresenting ~age; using nonmi~ ~°r~le~- ptirpOs~ [~r to~furni~,-present or exhibit any 10'76 /*~ "') OFFENSES--MISCELLANEOUS §15-8.1 § 3-2. dhand Or junk dealers dealing with. licensed as a secondhand secondhand buyer, or licensee, to buy or accept censee may minors. (Code 1958, § Sec. 15.8. Sections ~ by the Short title of nanCe." Editor'., /;ar/lc 1, adopted May 18, 1982. Noise control--Short title. 15,8.8 shall be known and may be cited ~oynton Beach Noise Control 0rdi- adopted Mar. 19, 1985, provided for the new provisions relative to the to read as herein set ou~. I Code, § 17-22.2, and Ord. No. 82-12, § Sec.', 15-8.1. Same--Purpose and space. It is the purpose of this section to prevent, prohibit and provide for the abatement of excessive and unnecessary noise which may injUre the health or welfare or degrade the quality of life of the citizens and residents of the City of Boynton Beach. This section shall apply to the control of all sound originating within the limits of this juris.d,.iction. (Ord. No. 85-16, § 2, 3-19-85) Note--See the edit°r s note following § 15~. Supp. No. 21 1077 § 15-8.8 BOS~TON BEACH CODE SOUND LEVELS BY RECEIVING LAND USE LIO Sound Receiving Land Use Category Time Level Limit Exterior 7 am to 10 pm 60 Residential 10 pm to 7 am 55 Commercial At all times 65 Interior 7 am to 10 pm 50 Residential 10 pm to 7 am 45 Commercial At all times 55 The maximum sound level caused by these sound sources shall not exceed the L10 sound ]eve] limits by more than the values isted below: 6 ~ 10 dB from~am to 10,pm ';~ 5 dB from 10 pm to,.~m For any source of sound wh6mh emits a pure tone or impulsive type of sound, the sound level limits for L10 and maximum sound levels shall be reduced by five (5) dB. (Ord. No. 85-16, § 2, 3-19-85) Note--See the editor's note following § 15-$. Sec. 15-9. Obstruction of passageways. It shall be unlawful for any person to place or erect, upon any public way or passageway to any building, an obstruction of any type, proxdded this section shall not prevent the duly authorized or required placing of temporary barriers or warning signs for the purpose of safeguarding the public. (Code 1958, § 17-31) Sec. 15-10. Parades. (a) Permit required No parade, procession or other marching assembly, except the forces of the United States Armed Services, the military forces of this state and the forces of the county sheriffs department, local police and fire departments, and ex- cept any organized funeral procession under the direction and supervision of a duly licensed funeral director, shall occupy, march or parade along any street, thoroughfare or roadway within the Supp. No. 21 1080.4 § 15-12 BOYNTON BEACH CODE button, pressure on the handle or other mechanical devices. Such knife is hereby declared to be a dangerous or deadly weapon and shall be subject to forfeiture to the city. (Code 1958, § 17-44) Sec. 15-13. Throwing stones or missiles. It shall be unlawful for any person to 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. (Code 1958, § 17246) Sec. 15-14. Weapons; possession or discharge. (a) It shall be unlawful for any person within the city limits to have in his possession, except within his own domicile, or carry, use, fire or discharge a revolver or pistol of any description, shotgun or rifle which may be used for the explosion of cartridges, or any air gun, BB gun, gas-operated gun or spring gun, or any instrument, toy or weapon, commonly kn0Wh 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. (b) The prohibition of this section shall not apply to licensed shooting galleries or in private grounds or premises under circumstances when such instrument can be fired, discharged or operated in such a manner as not to en- danger persons or property, and also in such manner as to prevent the projectile from traversing any grounds or space 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 any range or gallery or to or from an area where hunt- ing is allowed by law. (c) The prohibition of this section shall not be construed to forbid United States marshals, sheriffs, constables and their 1082 OFFENSES MISCELLANEOUS §15-16 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' nece~ary in the proper discharge of their duties. (Code 1958, § 17-49) Cro~ reference--Po~ession, use of weapons/n beach~s, parks, § 16-53. State law reference--Weapons generally, F.S. Ch. 790. Sec. 15-15. Window peeping. It shall be unlawful for any person to look, peep into, or be found loitering around or within view of, any window not on his own property with the intent of watching or looking through such window. (Code 1958, § 17-55) State law reference--Loitering and prowling and prowl/ng generally, F.S. § $56.021. Sec. 15-16. Mandatory street numbers of all buildings. (a) The owners and/or occupants of all properties having a building within the city limits shall install and maintain in a conspicuous place a correc~ street number of sufficient size, shape and character, to be ~qsib]e and readable from the adjacent street. Incorrect numbers shall be removed by the owner of the real estate on which said numbers are located within thirty (30) days after this section takes effect. (b) The owner and/or occupants of any building located by the city building department: or the police department without a number or an incorrect number shall be notified by mail that they should place the correct number on the house within sixty (60) days after receiving notice. (c) The terms and provisions of this section shall be applicable to all apartments, condominiums or rental units within multi- family districts where the entrance to said unit is visible from the public right-of-way. (d) Any person who fails to comply with the provisions of this section following the aforesaid notice shall be in violation of the City Code. (e) The provisions of this section shall be enforceable by a complaint initiated by any city police officer or building depart- ment inspector and shall be prosecuted in front of the city's code enforcement board. Supp. No. 8 1083 § 15-]6 BOYNTON BEACH CODE (iq The fire department and police department with the aid of otb'er city departments shall establish and maintain a map of the city, reflecting the numbers on buildings herein provided. (Ord. No. 82~- enforcement board. § 2-72 et seq. Sees. 15-17--I5-25, Reserved. ARTICLE II. LITTER* Sec. 15-26. Defined. For the purpose !of this article, "litter" shall mean all rubbish and wastes such as paper, wrappings, cigars, cardboard, tin cans, con- tainers, wood, glass a:nd other materials of any kind. (Code 1958, § 17-41) SeC. 15-27. Prohibited generally. No person shah throw or deposit litter in or upon any street, sidewalk or other public place within the city except in public receptacles, in authorized private receptacles for collection, or in the official city sanitary landfill areas. (Code 1958, § 17-41) Cross reference--Depositing refuse in public places, § 10-24. Sec. 15-28. Sweeping, depositing into gutters or public places. No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. (Code 1958, § 17-41) *Cross references--Garbage, trash and offensive conditions generally, Ch. 10; deposits of refuse on vacant property, public ways, in waterways, § 10-24. State law reference--Florida litter law, F.S. § 403.413. Supp. No. 8 1084 OFFENSES MISCELLANEOUS § 15-45 wastes, litter or other similar substances without using a tarpaulin, tailgate or other device, if necessary, to prevent any litter or other materials from being dropped, scattered, blown or deposited upon any street, alley or other public place within the city. (Code 1958, § 17-41) Secs. 15-34--15-43. Reserved. ARTICLE III. CIVIL EMERGENCIES* Sec. 15-44. Definitions. As used in this article: A civil emergency is hereby defined to be: (1) A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute by three (3) or more persons acting together without authority of law. (2) Any natural disaster or man-made ca]amity including flood, conflagration, cyclone, tornado, earthquake or explosion within the city, resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety .and welfare. Curfew is hereby defined as a prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the city, excepting persons officially designated to duty with reference to said civil emergency. (Code 1958, § 6A-1) Sec. 15-45. Proclamation; regulations authorized. Whenever, in the judgment of the mayor, or in the event of his inability to act, the vice-mayor, or in the event of his *State law reference--Local declaration of states of emergency, F.S. § 870.042 et seq. 1085 § 15-45 BOYNTON BEACH CODE inability to act, any two (2) city councilmen, or in the event of their inability to act, the city manager, determines that an emergency exists as a result of mob action, civil any or all of the following peace and order of the city: (a) To impose ~ curfew upon all or any portion of the city the firing all persons in such designated forthwith remove themselves from the : streets,, alleys, parks or other public places; however, that physicians, nurses and oPerators performing medical services, maintaining essential Public serv- d city authorized or requested law ~ent officers and personnel may be exempted from such curfew. limi~ m To traffic. (b) To order the closing of any business establishments an)~,here within the city for the period of the such businesses to include, but not be those selling intoxicating liquors, cereal gasoline or firearms. (c) any public street, thoroughfare or vehicle closed to motor vehicles and pedestrian (d) To call upon regular and auxiliary law enforcement agencies and organizations within or without the city to assist in preserving and keeping the peace within the city. (e) Such other orders as are imminently necessary for the protection of life and property. (Code 1958, § 6A-2) Sec. 15-46. Filing, publication of emergency incas- ures, Any state of emergency or emergency measure declared or ordered and promulgated pursuant to this article shall, as 1086 PARKS AND RECREATION § 16-48 otherwise scatter lighted matches, burning cigarettes or cigars, tobaSco paper or other inflammable material, within any park area or on any highway, road or street abutting or contiguous thereto. (Code 1958, § 19-12) Sec. 16-44. Gambling. Gambling, Or the participation therein or the abetting thereof, is prohibited at any beach or park. (Code 1958, § 19-13) Sec. 16-45. Entering, using closed area. No person shall enter an area on a beach or park posted as "Closed to the Public" nor shall any person use or abut the use of any area in violation of posted notices. (Code 1958, § 19-14) Sec. 16-46. Sleeping, lounging; disorderly conduct generally. No person shall at any beach or park sleep or protractedly lounge on the seats or benches or other areas, or engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace. (Code 1958, § 19-15) Sec. 16-47. Cooperation in keeping rest rooms clean. It shall be unlawful for any person to 'fail to coope~a~ maintaining rest rooms and washrooms in a i~~tti~~ sanitary condition. (Code 1958, § 19-17) Sec. 16-48. Climbing trees; standing or s ng fixtures. It shall be unlawful for any person to climb any tree, or walk, stand or sit upon monuments, vases, fountains, railings, fences or gun carriages or upon any other property on any beach or park which is not designated or customarily used for such purposes. (Code 1958, § 19-21) 1149 § 16-49 BOYNTON BEACH CODE See. 16-49. Refuse and trash. It shall be unlawfu! for: any person to bring in or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans~ dirt; .rubbish, waste, garbage or refuse or other .... any beach or park. No such refuse or trash shall be place or ]' ~ ail the proper receptacles be carried responsible for to any park or beach, but shall be placed tere these are provided., Where all such rubbish or waste shall r, om the Park or beach by the person its presence and Properly disposed of Sec. 16-50, Swimmers to conform to regulations. It shah be unlawful for any person in a park or beach to swim, bathe, or wade in any waters or waterways in or adjacent to any park or beach, except, in such waters and at such places and during such hours as are provided therefor, and in compliance with such regulations as are herein set forth or may be hereafter adopted. Nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing, or congregate thereat when such activity is prohibited by the director upon a finding that such use of the. water would be dangerous or otherwise inadvisable. (Code 1958, § 19-39) .~~T-tO-SL~ exposure. ~_~~2~ .~ shall be unlawful~y~p, er~s-pi~~ any beach or park t J ~_to_ indecently ~iaose-hi~§~"rsOn. (C~a'~19~8,~ 17-6, 19-11, I Sec. 16-52. Dressing and undressing. No person shall dress or undress on any beach or in any vehicle, toilet or other place except in such bathing houses or structures as may be provided for that purpose. (Code 1958, § 19-41) 1150 PARKS AND ~--,CRF--.ATION ~ I~82 pass to the right of any vehicle they are overtaking and pass to the right of any vehicles they may be meeting. (Code 1958, § 19-36) Sec. 16-80. Passengers on bicycles; manner of parking or leaving. It shall be unlawful for any person on any beach or park to ride any other person on a bicycle, or to leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available, or to leave a bicycle lying on the ground or paving, so set against trees, or in any place or position where other persons may trip over or be injured by them. (Code 1958, § 19-37) Sec. 1681. Headlights, reflectors on bicycles. It shall be unla~ffu] for any person, on any beach or park to ride a bicycle on any road between thirty (30) minutes after - · . ~flect~o~ p~ainly_v, isib!e from at least . - -- - :--: ,feet from (500) e rea. o~such b~cycIe. (Code 1958, § 19-38) · /six hundred (600) Sec. 16-82. Rules, regulations controlling parking of vehi- cles at municipal beach property located within the Town of Ocean Ridge. The city manager is hereby directed to implement subject proce- dures at the earliest possible date. (Said regulations are set out below.) POLICY NO. 1. PARKING PERMITS Parking permits will be issued on an annual basis (October 1 through September 30) with issuance beginning September 1 each year to residents (see "definitions") of the City of Boynton Beach, for a charge of five dollars ($5.00) for the first decal issued to a resident vehicle, upon satisfactory completion of appropriate application forms. Applicants will be required to establish proof of residency in the City of Boynton Beach (see "definitions") and to present his official state motor vehicle tag registration certificate. Supp. No. 18 1155 Chapter 17 PEDDLERS AND SOLICITORS* Art. I. In General, §§ 17-1--17-12 Art. Il. Solicitors and Canvassers, §§ 17-13--17-33 Art. III. :Charitable Solicitations, §§ 17-34--17-42 ARTICLE I. IN GENERAL Sec. 17-1. Registration, photo and fingerprints re- quired. Every nonresident person employed as a house-to-house salesman or peddler, all ~id~t persons soliciting magazine subscriptions and all ~ persons solicit- ing charitable contributions are hereby required to register befor~ employment, or if already employed, to reg~ book to be kept by'the chief of police ;hall also be fingerprinted and furnish the chief ith a photograph of such size as may be desi of police. (Code 1958, § 20-1) Sec. 17-2. Identification card required; re-registra- tion; fee. An identification card shall be issued to each person registering under section 17-1 and such identification card shall be carried by :the employee at all times. In the event such registration card shall be lost or cannot be produced upon reasonable notice, such person shall promptly re-regis- ter and secure a new card from the chief of police. A fee of twenty-five cents ($0.25) shall be charged for the issuance of each identification card or renewal thereof. (Code 1958, § 20-2) Sees. 17-3--17-12. Reserved. · Cross references--License tax for itinerant or transient merchants, § 13-22(197)(f); license tax for peddlers, § 13-22(225); license tax for solicitors and canvassers, § 13-22(280). 1211 § 17-2~ BOYNTON BEACH CODE constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. (b) Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the ground of complaint and the 'time and place of hearing. Such notice shall be mailed, postage prepaid, to the permittee at least five (5) days prior to the date set for hearing. (Code 1958, § 20-13) Sec. 17-23. Appeals. Any person aggrieved by the action of the chief of police or the city clerk in the denial of a permit as provided in section 17-17 or in the revocation of a permit as provided in section 17-22, shall have the right of appeal to the city council. SuCh appeal shall be taken by filing with the city council, within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in section 17-22 for notice of hearing on revocation. The decision and order of the city council on such appeal shall be final and conclusive. (Code 1958, § 20-14) Sec. 17-24--17-33. Reserved. ARTICLE III. CHARITABLE SOLICITATIONS* Sec. 17-34. Applicability. The provisions of this article shall govern all charitable solicitations within the City of Boynton Beach. (Ord. No. 81-1, § 1, 1-20-81) *Editor's note--Ord. No. 81-1, § 1, enacted Jan. 20, 1981, repealed Artf IH of Ch. 20 of the 1958 Code from which Art. HI, §§ 17-34--17-42, of this Code was derived, and enacted in lieu thereof new provisions included herein as Ar~ III, §§ 17-34--17-45: Cross reference--Special permits for nonprofit enterprises, § 13-9, Supp. No. 1 1216 Chapter 19 PLANNING AND DEVELOPMENT GENERALLY* Art, L .16 37 ARTICLE I. IN GENERAL Sec. 19-1. Plsnrring and zoning board created; appointment, terms. ~,~ere is hereby created a municipal planning and zoning board, consist of seven (7) members to be appointed Two (2) members of the board shall serve for a term date of appointment; three (3) members shall ~ of two (2) years from the date of appointment; hers snail serve for a term of three (3) pp0intment. Vacancies created e~fter expi- filled by appointments for three- of the board shall be residents and electors ration of these year terms. of the city. [ also consist of two (2) alternate members ap- . One (1) alternate shall serve for a term of ¢ the date of appointment; the other alternate shall serve for a term of two (2) years from the date of appoi-ntment. S~id members shall serve in the absence of a regu- lar member from the meeting. (Code 1958, § 241; Ord. No. 82-47, § 1, 11-16-82; Ord. No. 83-19, § 1, 5-17-83; Ord. No. 85-24, § 1, 4-2-85) Sec. 19-2. Filling vacancies on board; removal. If a vacancy shall occur on the planning and zoning board, same shall be filled by appointment by the city 'Cross refereneesmC0de enforcement board generally, t 2-72 et ~1.; enforcement of this chapter by board, § 2-75; building r~gulations generally, Ch. 5; zoning, App. A; planned unit development~, App. B; subdivision regulations. App. C. Supp. No. 21 1367 PLANNING AND DEVELOPMENT Sees. 19-11--19-16. Reserved. § 19-17 ARTICLE II. SITE PLAN REVIEW AND APPROVAL* Sec. 19-17. Plan required. Any person owning property within the city desiring to obtain a building permit for the construction of any building or structure, other than single family or two-family dwellings, shall submit to the city planner a site plan, together with exterior elevations and such other data as will assist the technical committee in reviewing and evaluating the proposed use, building or structure. The site plan shall be drawn' to scale and shall indicate the following sufficiently for consideration of visual, safety and economic factors: (a) Dimensions and orientation of the parcel; (b) Location of buildings and structures, both existing and proposed; (c) Location of off-street parking and loading facilities; (d) Location and dimensions of present and proposed street and highway dedications required to handle the traffic generated by the proposed uses; (e) Location of points of entry and exit for motor vehicles and internal circulation pattern, together with location of all curb cuts; (f) Location of walls and fences and the indication of their height and the materials of their construction; (g) Indication of exterior lighting standards and devices adequate to review possible hazards and disturbances to the public and adjacent properties; (h) Preliminary landscaping plan;_ (i) Indication of the heights of buildings and structures; *Cross references--Building regulations generally, Ch. 5; site plan requirements of zoning ordinance, App. A. § llA. 1371 § 19q7 BOYNTON BEACH CODE (ji~ Indication of the proposed use of the buildings shown on the site plan; and (k) Such other engineering and technical data as may be req necessary findings as to compliance of the c~ty's Code of Ordinances; (1) existing development; (m) Any of the above requirements may be waived by the technical Committee if such information is deemed to be nanessential by the technical committee. (Code Sec. 19-:17.1. Fee to accompany plan. All applicants submitting an application for site plan review required, to pay the following fees at such time as )iication is submitted to the city for rewew: (a) For applications involving construction costs of one hundred thOUsand dollars ($100,000.00) or greater and/or requiring TRB review: Two hundred dollars ($200.00). (b) For applications involving construction costs of less than one hundred thousand dollars ($100,000.00) and not requiring TRB review: One percent C001) of the estimated complete cost of improvements or ten dollars ($10.00) whichever amount is greater. (Ord. No. 80}15, § i, 4-1-80) Sec. 19-18. Approval prerequisite to building permit. Except as otherwise provided in this article, no building permit shall be issued for the construction of any building, structure or. other development of property, or appurtenances or alterations thereto, other than for construction of single family or two-family dwellings, unless the site plan has been reviewed by the technical committee and by the planning and zoning board and approved by the city council. (Code 1958, § 31-2) 1372 Chapter 20 RECREATIONAL VEHICLES, BOATS AND BOAT TRAILERS* '\ Sec. 20-1. Purpose. The purpose of this chapter is to regulate the parking and storage of recreational vehicles and boats or boat trailers. These regulations are intended for and in the best interest of the citizens of the city to provide easy access to recreational vehicles while promoting the health, safety and welfare of all the citizens ~of the city. (Ord. No. 78-2, § 1, 2-7-78) Sec. 20-2. Scope. This chapter is intended to. be applicable in all residential- ly zoned areas within the city limits. (Ord. No. 78-2, § 2, 2-7-78) Sec. 20-3. Definition. As used in this chapter, "recreation vehicle" means any travel trailer, motor home, slide-in camper, or other unit built or mounted on a chassis, excluding vans, designed without a' permanent foundation, which is used for temporary dwelling or sleeping purposes and which may be legally driven or towed on a highWay, and which body length does not exceed thirty-five (35) feet and total body width does not exceed eight (8) feet, or any boat or boat trailer, and all other sport type recreational vehicles and the trailers used to store or transport all such recreational vehicles. (Ord. No. 78-2, § 3, 2-7-78) Sec. 20-4. More stringent regulations to apply. This chapter is primarily for the purpose of protecting residential zoning. Therefore, any ordinances of this city or *Cross references--Regulation of boats and boating generally, § 16-93 et seq.; trailers generally, Ch. 25. 1431 § 20-4 BOYNTON BEACH CODE laws of this state providing for the regulation of recreation vehicles, boats or boat trailers or motor vehicles are in 'sion of some motor vehicles or for re Strin 78-2 Sec. 20~5. Effect on private This Chapter shall not be restrictions, condominium limitation more restrictive herein. Further this creating an obligation limitations on land use~ private Sec. 20-6. Conditions to parking on private property. Parking or storing of recreation vehicles, boats or boat trailers on private property may be permitted under the following conditions: (a) That the recreation vehicle, boat or boat trailer maybe parked or st~red in a carport. (b) That the recreation vehicle, boat or boat trailer may be parked or stbred on a driveway. (c) That the recreation vehicle, boat or boat trailer may be stored in the rear yard, not closer than five (5) feet of the rear lot line or in the side yard not projecting beyond the front roof line. (d) That the recreation vehicle, boat or boat trailer must be owned or used by a resident of the premises. (e) That the recreation vehicle, boat or boat trailer must be currently registered and licensed as required by state and federal law. 1432 RECREATIONAL VEHICLES, ETC. § 20-8 (f) That no recreation vehicle, boat or boat trailer may be parked between the. right-of-Way and the structure unless on a driVeway or other hard surfaced area, such as asphalt, paving stones, shellrock or concrete. (g) That the total number of vehicles (other than passenger vehicles) so parked or stored shall be limited /to two (2), not including those kept in a garage. Only one recreation vehicle may be parked or stored between the right-of-way and the structure. (h) That the recreation vehicle, boat or boat trailer shall be or stored entirely on the owner's property in a ~, ~nd orderly manner and that vehicles parked or stored on a driveway shall not be a hazard to people en~ring the driveway or to persons passing on the sidewalk. recreation vehicle, boat or boat trailer is not in process of being constructed, reconstructed or j repairs that have taken more than consecutive days to complete. (Ord. No. 78-2, No. 80-23, § 1, 6-3-80) (i) Sec. 20~7. Time limit for parking on right,of-way. No recreation vehicle, boat or boat trailer shall be parked or stored on any public right-of-way for a period exceeding one hour. (Ord. No. 78-2, § 5, 2-7-78) Sec. 20-8. Occupying on private property. (a) Generally. It shall be unlawful to occupy any recreation vehicle while said vehicle is parked or stored on private property unless such use is specifically permitted in the applicable zOning district. (b) Construction trailers shall be permitted as outlined in Section 4(H) of Appendix A of this Code. (c) Mobile homes as defined in Section 1, General Definitions, of Appendix A of this Code shall be permitted in applicable zoned districts. (Ord. No. 78-2, § 6, 2-7-78) 1433 [The next page is 1483] SIGNS § 21-21 foot. Sign contractors or the owner(s) shall submit plans showin~ calcula- tions for wire square tgineer or the requirements of 1 shall require- cone con~ or cause to be as needed for may be require the owner or in unkept with the terms, to be repaired or date of written eer, that if said ~ermine that the iVersely affect the late removal at until such remedied. (Code 1958, § 24-16; Ord. Sec. 21-21. It shall misleadin services to fact that violation of at their 1958, § 24417; Or( g advertising. be unlawful fora person to display false or upon signs, or other public places, as to anything sold, any t disseminated. The contain words or a reasonable and prudent evidence of a such sign, such display of business. (Code 9-15, § 1, 5-16-79) 1503 SIGNS § 21-26 (b) No sign shall be placed, constructed or erected in such a manner as to obstruct or block any exit from any building nor shall any sign be so placed as to interfere with light or ventilation to any building or structure. (c) Where any wood or any sign penetrates the ground or is attached in any way to masonry or concrete, said wood shall be of an approved pressure-treated Wpe. Cd) All materials used ~in constructing signs shall be of a type to resist Weather exposure. Ce) Any plastic materials :used in signs shall be approved by the Underwriters Laboratory and shall bear its label. Electrical components shall be in accordance with the city's electrical code and U.L. approved. (Code 1958, § 24-19; Ord. No. 79-15, § 1, 5-16-79) Sec. 21-25. Procedure on violations. (a) If the building official shall find that any of the provisions of this chapter are being violated, he shall give written notice to the owner of record of the property where such violation occurs to have such sign or signs made to conform or be removed within thirty (30) days from receipt of this notice. In the event that such signs are not removed or made to comply, after notification, the city may cause such removal to be made and charge all expenses to the property owner. Should said property owner still fail to pay expenses incurred by the city, such expenses shall then be applied to the property in the form of a tax lien. (b) In the case of extremely hazardous signs, the building department shall have authority to immediately remove or cause to be removed such signs without the thirty (30) day notification normally required. (Code 1958, § 24-20; Ord. No. 79-15, § 1, 5-16-79) Sec. 21-26. Temporary political signs, advertising. Temporary political signs may be posted on private property within the city during the sixty (60) day period 1505 § 21-26 BOYNTON BEACH CODE preceeding any local, state, or national election with the consent of the property owner. Candidates or parties desirir signs shall file with the city clerk, a noti~ pc~t same prior to the posting of any No fee af sixty 24-23; Ord. No. 79.15, § 1, 5~16,79) 1506 [The next page is 1557] Chapter 23 TAXATION* Art. I. In General, §§ 23-1--23-13 Art. II. Public Service Tax, §§ 23-14--23-21 ARTICLE I. IN' GENERAL ~-1. Reports of collections. before the second ~Mo~th of the amounts mone~g the p~red by said ~pC~~ Fla. 1947, Ch. 24398, § 123) Sec. 23-2. Excise tax on casualty insurors. There is hereby assessed, .imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of insuring with respect to casualty risks, as sho~ by the records of the Insurance Commissioner of the State of Florida, an excise or license tax in addition to any license tax or excise tax now levied by the city which tax shall be in the ~mount of one per cent (1%) of the gross amount of receipts of premiums from policyholders on all premiums collected on Casualty insurance policies, covering property within the city. The license or excise tax herein lev/ed shall be due and payable annually on the first day of March of each year. (Code 1958, § 26-1) Cross references--License tax for insurance businesses, § 13-22(164); pensions for police officers, § 18-164 et seq. State law references--Casualty insurance tax authorized, F.S. § 185.08; proceeds to be paid to police officers' retirement fund or police pens/on fund, F.S. § 185.11. all property Sec. 23-3. Excise tax on~'-- ~ ~ ~ -~ !~o insurors. (a) There is hereby assessed and imposed on every insurance company, corporation or other insurer now *Cross reference--Occupational license t~xes, Ch. 13. Supp. No. 20 1619 § 23-3 BOYNTON BEACH CODE engaged in or carrying on, or who shall hereafter engage or carry on, the business of insuring property against loss or damage ~ · '-~ ~-_-~ - ~- , an excise or license tax amounting to two per cent (2%) of the gross amount of receipts on all premiums insurance poli. les covering limits The license other ense taxes pensi Stat~ city. the taxes imposed by this to the fireman,s relief and which shall be administered in of Chapter 175, Florida creation and administration of a ion fund in certain cities and ~ tax herein provided for shall be in the manner provided for by providing for the creation and fund in certain 26-10, 26-11) tax for insurance businesses. § 13-22(164); '~ seq. insurance tax authorized, F.S. § firemen's pension trust fund, F.S. § Sees. 23~4--23-13. Reserved. ARTICLE II.' PUBLIC SERVICE TAX* Sec. 23-14.. Levied. (a) Except as otherwise provided herein, there is hereby levied by the city on each and every purchase in the city of electricity, metered or bottled gas (natural, liquefied petroleum gas, or man- ufactured), and local telephone service, a tax based upon the charge made by the seller thereof, said tax to be at the rate of ten (10) per cent upon said charges, which tax, shall in every case, be *Cross references--License tax for gas companies, § 13-22(140); license tax for telephone companies, § 13-22(196). Supp. No. 20 1620 TAXATION § 23-16 paid by the purchaser, for the use of the city, to the seller of such electricity, gas or telephone service at the time of paying the charge therefor, to the seller thereof, but not less often than monthly. (b) Except as otherwise provided herein, there is hereby levied in the city on every sale in the city of fuel oil (fuel oil being defined as any bunker C oil, number one (1) and number two (2) fuel oil, and kerosene or any combination thereof for lighting, heating, cooking, power or any other purpose delivered to any purchaser thereof within the corporate limits of the City) a tax of four (4) cents per gallon of fuel oil purchased, which tax shall in every case be paid by the purchaser, for the use of the city, to the seller of such fuel Oil at the time of paying the charge therefor, to the seller thereof, but not less often than monthly. (Code 1958, § 26-5; Ord. No. 85-8, § 1, 1-15-85; Ord. No. 85-14, § 1, 2-19-85) State law reference--Levy authorized, F.S. § 166.231(1)(a). Sec. 23-15. Fuel adjustment charge excluded from tax. The tax imposed by section 23-14 above shah not be applied against any fuel adjustment charge, and such charge shah be separately stated on each bill. "Fuel adjustment charge" shall mean all increases in the cost of utility services to the ultimate consumer resulting from an increase in the cost of fuel to the utility subsequent to October 1, 1973. State law reference--Similar provisions, F.S. § 166.231(1)(b). ~Sec. 23-16. Exemption of small residential purch ~ases~ The tax on'~l'ee ~city levied by sectio~l~ shall not levied and c611ected o'~he first fif~ty~¢i~) kilowatt hours ofl electricity Per month p~~r residential use, begin-~ ning October 1, 1978~.~ucl~exe~ ~_hall apply to each separate residen~aPfin~t, regardless o~F~her such unit is! on a separa~te~b7~ central meter, and shall b~~ed on each indi~dhal tenant. . ,~ stg'~e !aw r~feren~~66.231(3). Supp. No. 20 1621 TAXICABS § 24-7 Sec. 24-5. Certificate issuance; factors to be consgd- ere& (a) If the city council finds that further taxicab service in the city is required by the public convenience and necessity and '~ fit, willing, and able to perform vnform to the provisions of this city council, then msue a the name applicant, )f vehicles certificate and the date of issuance; otht denied. findings, the city council shall the number of taxicabs already in transportation is adequate to ct of increased service 0nl and the character, experience, !Code 1958, § 27-4) Sec. 24'6. Certificate transfer. No convenience and necessity may be sold, ~erwise transferred without the consent of shall not unreasonably refuse the § 27-5) Sec.' 24,7. Certificate suspension and revocation. (a) A cate of public convenience and necessity issu. of this chapter may be revoked e-City council if the holder thereof has (a) violated any of the provisions of this chapter, (b) ~ for more than five (5) days, or (c) of the city, or the laws of the United Florida, t~-~v~' -. -- ~ -: :-~-- - : (b) pension or revocation, the holder shall be )sed action to be taken and shall be heard. (Code 1958, § 27-6) 1675 § 94-8 BOYNTON BEACH CODE two hundred thousand dollars t~~ .' _.- i~- ~ for injuries to more than ($200,000.00) .one person which are sustained in the same accident and three hundred thousand dollar~f~y-~ .: -':~-~-~ ~-: ~ ~ for property damage ($300,000.00) resulting from any one accident. Said liability- insurance policy shall inure to the benefit of any person who shall be injured or who shall sustain damage to property proximate- ly caused by the negligence of a holder, his servants, or agents. A Copy of the liability insurance policy shall be filed in the office of the city manager and insurance shall be with a company authorized to do business in the State of Florida. (Code 1958, § 27-7) Sec. 24-8: Liability insurance required. No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect a liability insurance policy for each vehicle one hundred authorized in the amount of ' - -- :" ::. ($b~ thousand 0O~for bodily injury to any one person; in the amount of dollars ooo. oo) Sec. 24-9. License fees prerequisite to continuance of certificate. No certificate of public convenience or necessity shall be continued in operation unless the holder thereof has paid an annual license fee as provided in Chapter 13 of this Code for the right to engage in the taxicab business. Such license fees shall be for the license year and shall be in addition to any other license fees or charges established by proper authority and applicable to the holder of the vehicle or vehicles under his operation and control. (Code 1958, § 27-8) Cross reference--Taxicab license fee, § 13-22(292). Sec. 24-10. Certain agreements to be furnished to council. It shall be mandatory for all holders to file with the city council copies of all contracts, agreements, arrangements, memoranda, or other writings relating to the furnishing of taxicab service to any hotel, theater, hall, public resort, railway station ~or other place of public gathering, whether such arrangement is made with the holder or any corporation, firm or association with which the holder may 1676 TAXICABS h of § 24-14 be interested or connected. Failure to file such copies wit'hin seven (7) days shall be sufficient cause for the revocation of a certificate of any offending holder or the cancellation of any cab, stand privileges. (Code 1958, § 27-21) Sec. 24-11. to have chauffeurs license. taxicab for hire upon the streets cab ed by time for hire, unless the first obtained and shall license issued by the State F.S. , chauffeurs' licenses required. Sec. 24-12. Driver's permit required. No person shall operate a taxicab upon the streets of the city and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the city shall be so driven at any time for hire, un]ess the driver of the taxicab shall have led and have in force a taxicab driver's permit issued ] Sec, 24,13. Investigation, report applicant for driver'~ permit on The police department shall conduct an investigation of each applicant for a taxicab driver's permit and a report of such investigation :and a copy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideratiOn of the city Council. (Code 1958, § 27-10) Sec. 24-14. Action on driver's permit application. The city council, upon consideration of the application for a taxicab driver's permit shall approve or reject the application. If the application is rejected, the applicant may request a persona] appearance before the city council to offer evidence why his application should be reconsidered. (Code 1958, § 27-11) 1677 Chapter 25 TRAILERS* Sec. 25-1. Defined. As used in this chapter, "trailer" shall mean any of the various types of vehicles with motor power, or designed to be towed by another vehicle, and adapted to human habitation either for the purpose of sleeping or eating or the preparation of meals, or both, or designed or adapted to use as an office or for the purpose of carrying on business. (Code 1958, § 30,1) Sec. 25-2. Parking on streets. It shall be unlawful to park any trailer on any of the public streets within the city for a period of time longer than one hour, and while so parked, it shall be unlawful to prepare or serve any meals involving the cooking of foods. (Code 1958, § 30-2) Sec. 25-3. Vehicle to be attached when parked on street. It shall be unlawful to park on any of the public streets within the city any detachable motor trailer unless the same shall be attached to the vehicle designed to tow the motor trailer at all times during the period in which the ssme shall be parked. (Code 1958, § 30-7) Sec. 25-4. Parking interfering with traffic. It shall be unlawful to park any trailer on any public street within the city in such a manner as to interfere with normal use of traffic upon the street. (Code 1958, § 30-6) *Cross references--License tax for trailer or mobile home parks, § 13-22(308); for trailer sales, (309); recreational vehicles and boat trailers, Ch. 20. 1733 25-5 BOYNTON BEACH CODE Sec. 25-5. Manner of attachment to towing vehicle. It is hereby declared to be unlawful to operate over or upon any of the public streets of the city any detachable trailer unless the Same shall be firmly connected to 'the towing vehicle by some mechanically sound device to with k or cable, the principal towi being detached from Sec, 25,6. No trailer which is ~ purposes, whether actually being so ~ kept, maintained, parked or oc owned property within the which the ~railer commercial trailer sales such trailer is~ not used for living recreation vehicle by Chapter 20 or stored in accordance 30-3) · or not, may be on and is is parked 1958, § Sec. 25-7. Exemption for construction trailers. Section 25-6 above shall not apply to the utilization of a trailer as a temporary construction office, located on a building site within the city provided that prior to= ~uch utilization, a specific permit for s~me shall be obtained from the city council after approval by the building official. The city council shall have the right and privilege 'to impose reasonable restrictions regarding the public health, safety and welfare in connection with the issuance of such temporary permits. (Code 1958, § 30-3) Sec. 25-8. Placing on roof or high place. It shall further be unlawful to place or store any trailer or other property upon the roof of any structure or any other 1734 TRAILERS § 25-9 high place within the city, such practice being deemed a nuisance and hazard to inhabitants of the city and to adjacent property. (Code 1958, § 30-3) Sec. 25-9. Limitation on number of trailers on parcel of land. The presence of more than one trailer on the same parcel of land other than in a properly zoned trailer park or cnrnp for the purpose of furnishing humar~ inhabitation therein, or for the purpose of carrying on any business, is hereby declared to be a public nuisance and the chief of police is hereby directed and instructed to abate the nuisance and prevent the same. A parcel of land as above referred to is hereby designated as having ten thousand (10,000) square feet. (Code 1958, § 30-4) 1735 [The next page is 1785] (b) ONLY SECTIONS RECOMMENDED FOR CHANGE. AD,MINISTRATJON t x.i ~.2 le ueo each geo- produced by the ~ tax is levied each year by or upon the total of tt proper~y in the redeve] project as sho~m upon as~essmen! in connecti on with the ty ~ualized prior t.o the effective date of'the ordi- i from which this sect.}on derived. (~l.i All relevant taxing jurisdictions' obligation to fund the- trust shall continue until all loans, advances, and indebtedness, if any, and interesl thereon, of the agency incurred as the resuli of a community redevelopmen~ project have been paid, but only to the extent that the tax increment described in subsection (~) accrues. Said taxing,jurisdictions shall make their appropriation to the trust at the beginning of their fiscal year. The trusl shalJ receive the increment above described, only as. if, and when such taxes are collected Said taxing jurisdictions shat] fund the trusl for the duration of each project undertaken by the agency and approved by the city. The first appropriation sh'al] begin wi~h tax revenue received subsequent to October 1. 1984. (1) The revenue bonds and notes of every issue of the a~encv shall be payable solely out of revenues pledged to received by the agency and deposited to the trum. The lien created by such bonds or notes shall not attach until the revenues referred to herein are deposited in the trust at the times, and to the extent that. such revenues accrue. The holders of such bonds or notes shall have no righ~ to require the imposition of any tax or the establishment of any rate of taxation in order to obtain the amounts neces- sary to pay and retire such bonds or notes. The trust shall receive the tax increment described in subsection lc) only as, fi, and when such taxes are collected. Supp. No. 18 (1) (2) ADMINISTRATION - _ 2 l:.: The amount of ad valorem taxes levied each year by each taxing authority, exclusive of any a~munt from ~n~v debt service millage on taxable real properny contained within the geographic boundaries of a coranunity re- development area; and The amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for each taxing authority, exclusive of any debt service millage, upon the total o~ the assessed value of the taxable real property in the conmanity redevelopment area as shown upon the ~aost recent assessment roll used in connection ~[th t_he taxation of such property by each taxing authority prior to khe ~ffectiVe date of the ordinance from which this section was derived. of ad valorem taxes levied each year ities except the school board of .able real property, contained withig/~th'e Eeo- red eve, i~oprn ent project. ~ies of the community ' of a~.Kalorem taxes ,a'h.ic~,ould have been the rate"~ppn ~'hieh~he tax is levied each all taxing au~'d~'~Q~dties excep~ the school board ~.l of the.~s'%sse"/dN4?tlue of the taxable rea] eco. qInmS'{m~-ty reseveiopmpnt project as ~no~n ',~ec. ent assessmem roh u~ea ~n connectloB tion of such property by each ta"x~,ng authori- ized prior t.o the effective date ofX-h~ ordi- hich this seclion derived .axing jurisdictions' obligation to fund the until al! loans, advances, and indebt.edness. :hereon, of the agency incurred as the resuti ?velopment project have been paid, but only ae tax incremen1 described in subsection (c) .jurisdictions shall make their appropriation ~o me u'u~t at. u,~ oeginning of their fiscal year. The trus~ shai] receive the increment above described, only as. if. and when suck taxes are collected. Said taxing jurisdictions shall fund ihe trust for the duration of each projec~ undertaken by the agency and approved by the city. The firs~ appropriation shall begin wi~h tax revenue received subsequem to October 1. 1984. (1) The revenue bonds and notes of ever:,' issue of the agency shall be payable solely out of revenues piedged to and received by the agency and deposited t.o the. trus~. The lien created by such bonds or no,es shall no~ attach un~il the revenues referred to herein are deposited in the trust at the times, and to the extent that. such revenues accrue. The holders of such bonds or notes shall have no right to require the imposition of any tax or the establishment of any rate of taxation in order to obtain the amounts neces- sary to pay and retire such bonds or notes. The trust shall receive the tax increment described in subsection lc~ only as, if, and when such taxes are collected. Supl~. No. 18 99o ] BOYNTON BEACH CODE city business, which convention, conference, or business serves a .direcl and ta'~-fu] public purpose with relation to the city, in either of the fo]lowing: a. U f$50.00t tot- ida. b. Up to the amounts permitted in this .subsection for meals ing at a slng]e occupanc by paid bills therefor. (2i All other travelers may be allowed same as subsection (1~ hereof. (3) VFhen lodging or meals are provided at a state institution, the traveler shall be reimbursed only for the actual ex. penses of lodging or meals, not to exceed the maximum provided for in this subsection. (4, Meals only. All travelers rnav be allov,,ed an amoun', for meals, while on ofiici al bm~iness, up ~o the foiiowin£ ~mounts: a. Brea].ffast, three dollars ($3.00J b. Lunch. six dollars ~$6.00). c. Dinner..~r_~ ¢~-~0~. twelve dollars ($12.00). i,~-- d. Tot.a] for Iwenty-four~hour period,~~,~ do]Jars Ewezl~ 01~i~-) m~0,. ($21.00). - ' e. Additional amounts where special circumstances are appropriate as approved by the city manager. (f~ Tran,~7,orlation. (1; All travel musl be bv a usually traveled route. ]n case a person travels by an indirect route for his own convenience any ex~ra costs shall be borne by the traveler and reim- bursemem for expenses shall be based only on such charges as would have been incurred by a usually traveled route. The most economical method of travel four each trip shall be determined, keeping in mind the following conditions: a. The nature of the business. b The mosz efficiem and economical means of travel (considering time of the traveler, cosz of transporta- tion and per diem or subsistence requiredt. Supp. Nc. 16 222.6 ADMINISTRATION .~ 2-15 ¢2~ (3} (4 (5) Supp. No. c. The number of persons making the trip, and the amount of equipment or material to be transported. Transportation by common carrier when traveling on offi- cial business and paid for personally by the traveler, shall be substantiated by a receipt therefor. In the event, trans- porlation other than the most economical class approved is provided by a common carrier on a flight check or credit card, the charges in excess of the approved class shall be refunded by the traveler to the city. a. The use o£privately owned vehicles for official travel in lieu of publicly owned vehicles or common carriers may be authorized by the city if a publicly owned vehicle, the traveler shall be entitled to a mileage al]owance at a fixed rate not to exceed twenty ~ ~i~i~'cents ~ per mite or the common carrier fare for such travel, to be determined bv the city man- ager. Reimbursement for expenditures related to the operation, maintenance, and ownership of a vehicle shall no.: be allowed when privately owned vehicles are used on public business and reimbm~sement is made pursuant to this paragraph, except as provided for in paragraph (7) of this subsection. b. Alt mileage shall be shown from point of origin ro point of destination and when possible shall b~ corn- pm. ed on the basis of the currem map of the Stare of Florida Department of Transportation. Vicinity mile- age necessary for the conduc~ of official business is allowable, but must be shown as a separate item on the expense voucher. Transportation by chartered vehicles when traveling on official bus/ness may be authorized by the city manager when necessao., or where it is m the advantage of the ciD'. pro~Sded the cost of such transportation does not exceed the cost of transportation by privately o~med vehicle pm~suant to para- graph (3~ of this subsection. The city may grant monthly al]owances in fixed amounts for use of privet.ely owned automobiles on official business in lieu of the mileage rate provided for in paragraph (3t of this subsec:ion. Allowances granted pm~suant to this para- 222.7 ($0.20) ADMINISTRATION { 2-58 Sec. 2-45. False statements or affidavits. Any person who shall make, transmit or deliver, or cause to be made, transmitted or delivered, any false statement, or any a violation of this ART] CLE IV. CONSULTANTS See. 2-56. Inc~ ida Statutes Section 287 There is hereby incorporated by reference and made a part hereof the ';C~s. ,- : , ~,,.,~ umants Competitive Negotiation Act," being Florida Statutes Section 287.055. Copies of the ConsultanUs Competitive Negotiation Act are on file in the city clerk's office and interested parties may obtain copies of the act there, (Code 1958, § 2-70) Sec. 2-57. Intent; jurisdiction. It is hereby declared te be the legislative intent of the city council that. the city and all of its'constituent commissiona, boards, authorities and the like, with purchasing or procurement authority, comply to the fullest extent with the spirit and mandates of the Consultants' Competitive Negotiation Act, Florida Statutes Section 287.055 and this article. The city administration shall have jurisdiction to perform the functions set forth for the city and ali its constituent commissions, boards, authorities and the like whether they were established or brought into existence by ordinance, resolution or motion of the city council. (Code 1958, § 2-71) !~ouncement of need. for VChen the city administration~h~oeem advised of the ~eed for rofe~ ' -' p ~s~ona] ser~:~ces covered by the Consultants' 227 ----~-~ § 2-58 BOYNTON BEACH CODE Xl~,ompetitive Negotiation Act, the administration shall commence the public announcement procedures requir~by said avl as follows: / / (a) Annbunce in a uniform and consistent rm~nner each occasi6n~when professional services are/g~quired to be purchase~t,...e, xcept in cases of valid p~d~lic emergencies so certified bx' the crv councd pubhshing a notice in a local newspaper. (b) The above referred-'xo notic~ shall specify the type of servmes needed, the na~Je of the project, planning or study activity, the./time., and manner in which interested applican(s may apply, a person or office in the city from ?~hom additionXak, information may be obtained with' regard to the subj'ec~ of the advertise- ment, and'"such other things as tlS~ administration may t.hink appropmate under the mrcu/n~tances. (c) In addition, the notice shall be mailed to ea'Xc~certified professional, fo, the t~pe" of services needed, ~hxo has in writing to the cit?- manager requested thatXs!{ch ~ ,- notification be mailec~. (Code 1958, § 2-72) -'~qc. 2-59. Method ~f-;-i~le~-£1'5~. ~ (A)~fter the expiration of the time limit for submiss"~of ~pphcat~1 "~, statements and qualifications and per~ance ~ (1) Evaluate c~nt statements of ¢ifications and Performanc~~on file wit~~~}her with thos~hat m~be s~itted by other firms re~arding the propose~ect. (2) Certify in a~cordanC~ith ~ion 287.055(3)(c) of the Con~~tive Nego~on Act those firms who (a) .In~rmation furnished by the applicant o~ederal -' Government Form 251, attached to Ordinance Number 77-10 and made 228 ~ 3-2 BOYNTON BEACH CODE c.3-2. Sales to minors, incompetents, drunkards. kBown to ~95s, § I~X~hall be unlawful ro sell alcoholic beverages to der the age of an or is an O be so by ~:-~{mors~mmrepresentm~ .~'-ire oz: u~{n£ nv~-minor for State reneer- F.S, [ ,o6~.11: furnmhm£ in,_o~ cants va Sec. 3-8. It shall be of solicil SLI CI~ provision E-lng solicitation of pers6n to frequent or :abaret or nightclub, wiCh.~the purpose purchase drinks, or for any proprietor or to allow the " in pres6nce ,.woman who ' , vmla~s '-the section. (Code 1958, § 17-42) Sec. sale. It sh. the sale. de] where such ] ~ sell. deliver or consume or permit or consumption on the premises nsed' bus.;ness is conducted, of: (a) Alcoholic beverages of more than one per cent (1%) of alcohol bx' :weight between the hours of 2:00 a.m. and 12:00 noon Sunday; it being the intent of this provision that the sale, service and consumption of alcoholic beverages shall be permitted between 12:00 noon Sunday and 2:00 a.m. the succeeding Monday. (b) Alcoholic beverages of more than one per cent (1%) of alcohol by weight between the hours of 2:00 a.m. and 8:00 a.m. on all days except Sunday; it being the intent of this: provision that the sale, service and consumption of alcoholic beverages shall be permitted between the hours of 8:00 a.m. and 2:00 a.m. on the following da), except as modified hereinabove with reference to Sunday. 288 FiRE PROTECT}ON AN[; PREV£NT}ON § 9-1f- system by local electric power. Such supplemem.ary or emergency lighting system shall be automatically actuated in case of power failure. Every emergency lighting system shall be maintained in good working order and shall be tested al least once every ten (10) days. (c) Every building of the assembly occupancy not now equipped as provided above shall comply with the above requirement within one year from the 4th dav of February, 1975. (Code 1958..8 12-9.2) Sees. 9.5--9-14. '~eserved. ARTICLE II. FIRE CODES Sec. 9-15. National codes adopted. Tbere is hereby adopted by ,,he city for the purpose of 'V ~ng regulations governing conditions hazardous i.o lif~ akld-~,kLp, erry from fire or explosion, the National Fire !98/4 Codes~Edition, recommenr~ed by the National Fire Protection Association, including all revisions thereof made from time to time. save and excepl such portions as are hereinafter deleted, modified or amended, of which code nm less than three (3) copies have been and are now filed in the office of the clerk of the oily, and the same is hereby adopted and incorporated as fully as if set our at length herein, and the provisions thereof shall be controlling within the limits of the city. (Code 1958, § 12-1~ Sec. 9-16.-Where bulk storage of inflammable liquids in outside aboYeground tanks prohibited. The limks in which bulk storage of infiarnmable liquids in outside aboveground tanks is prohibited, are hereby established as follows: Bounded on the east by the Florida Inland Navigation Distric~ Canal: on the north by the Boynton Canal: on the west by Seaboard Air Line Railroad: and on the south by Woolbright Road (South 15th Avenue). Such bull; storage 685 9-37 BOYNTON BEACH CODE two (2) days afler the occurrence of the same~ by the officer in whose jurisdiction such fire has occurred. Such report shah be in such form as shall be prescribed by the chief of the fire department, and shall contain a statement of all facts relating to the cause, origin and circumstances of such fire and extem of the damage thereof and the insurance upon such property and such other information as may be required. (Code '19:58, § 12-12) ~-38: City :attorney to assist in investigat~ ~ fires. requ~the bureau of ~re ~~~s in the mvest~gatmn of ~~~nio~icious origin. ~ (C~e~9~7712-13) S>~'~;43'~9. School fire drills; exists to be u~locked./} It shall~e the chmf o~ the~f!rfMe-iSartment to reqmre t~bI,, ~~ .c, ,:~p-arochml schools and educatio~ kuUons to_hwv-~re drill each month. All door~nl~ring school hours. (?~o.~{ t2-14) Sec. 9-40. Annual reporl required. The annual report of the bureau of fire prevention shall be .made on a date decided upon by the city council and transmitted to the mayor or city council. It shall contain all proceedings under this chapter, with such statistics as the chief of the fire department may wish to include therein. The chief of the fire department shall also recommend any amendments to this chapter which, in his judgment, shall be desirable. (Code 1958, § 12-15) Sees. 9-41--9-50. Reserved. 692 Chapter 13 LICENSES* Art. 1. l~General,§§ 13-1--13-32 Art. Il. Contractors,~J 13-35--I~-51 Art. III. Garage Sales, §§ 13-52--13-58 ARTICLE I. IN GENERAL Sec. 13-1. License tax imposed; basis of one year. A tax is hereby imposed by the city upon each and every business, profession and occupation having a business location or branch office within the city, in the respective amounts set forth in section 13-22 of this Code. ' · - : ....... ~.-.~ o~~ The amount of such ~ specified shall be on the b~i~ of one year. (C~e 1958, ~ 15-1) State law reference--Authority ~ le~ ~cupat/on~l li~n~ ~, F.S. J 205.~2 · ~ 1 3-2. Registration requlred;--f~'e?-'b~asis of i A~ny .perso~engages in any busin~e~ss, o~ccupafion, ~~on~t~in ~nicipal bo~aries of the City ~Bo~m~~~~o1-./f~quired ~ be licensed~ J by executing an i~m6tion form to be p~ed by the city and~ ~ bv paving to the city a re~strat/on fee'of ~l~s ($10 00) .~vone ~nolat~ng th~s pro~usmn by failing ~ re,star ~qu~ed ~ {~ormat/on with the city shall be deemed ~ilD' of a *Cross referenee~Code enforcement board generally, t 2-72 et seq.; enforcement of this chapter by board, { ~-75; county do/; license_ required, j 4-27, reguletion of p~:ldter~ and solic/tor~, Ch. 17; ga~Ation gener&lJy, Ch. 23: reg~ulation of taxicabs, Ch. 24. Supp. No. 15 919 § 13-2 BOYNTON BEACH CODE Sec. 13-3. Application for license. Before the city shall be required to issue a license for- engaging in or carrying on any of the businesses or professions or occupations specified and set forth herein, it shall be the duty of the applicant to file an application with the ciW. such app!ication to be in the form ~ city. (Code 1955. § 15-3: Ord. No. 79-8, § 1, 2, 6-2-8]: Ord_ No. 84-I, .§ 3, 1-17-84) Sec. !3-4. Issuance. Upon payment of the required tax, the city manager shall issue to the person paying the same, a license signed by such city manager. (Code 1958, § 15-4; Ord. No. 79-8, § 1, 3-6-79) Sec. 13-5. Dates due and delinquent; penalties. Licenses hereunder shall be sold: beginning September first of each year and shah be due and payable on October firs~ of each year. and shall expire on September thirtieth of ~he succeedin~ year. Those licenses not renewed by October firs~ shah be considered delinquent and subject to a delinquency penalty of ten per cent (10%) for the month of October~ plus an additional five per cent (5%) penalty for each month of delinquency thereafter until paid, Ho~fever, the total delinquency penalty shall not exceed twenty-five per cent (25%'~) of the occupational license fee for the delinquent establishment. Stale law reference--Similar provisions, F.S. § 205.053(1). Sec. 13-6. Engaging in business without license or under a license issued upon false state- ments; penalties; prima facie evidence. It shall be unlawful for any person to engage in any business, profession or occupation taxable by license Supp. No. 15 920 LICENSES § 13-16 Compliance by principal deemed ance by agent; noncompliance of.~-'rinCi ~,~. pal. whe. re the~ipal, master or em~ulo~r has complied: with the provisions~af, this chapte~r~t~shal} be unnecessary for his ,a.gent, servant'~e~m~oyee to comply herewitl~, unless 6therwise express)y'~vided for herein; provided, however~he~;e~t ~- l~rincipal, maser or employe~v~~d w~his cBap~r, each of his agen~ts or e~oyees s~be suUect ~ pr~e~io~, ~d upon ~n~ction, ~ fine or i~s°n~ent m the. s~me ex~nt as. his principal, maser or empl~~ Sec. 13-16. Issuance, suspension or revocation of license; appeal procedure. No license shall be issued unless it is found that the proposed business and location comply with the city zoning code and other applicable city ordinances. No license shall be issued for an occupation where certification is required under state law'unless proof of said certification is provided. A license may be suspended or revoked upon a finding t~,at the business is operating in violation of the City Code. An initia] determination upon issuance or revocation will be made by the building official or other appropriate city official. The applicant shall have ten (10) days after receiving notification in ~.iting from the city occupational license clerk of the suspension or revocation to appeal the determination of the building official or appropriate city official to the city Council. The request for appeal shall be filed with the city clerk in writing. Within fifteen (15) days after receipt of the appeal, the city council shall hold a quasijudicial hearing in the denial of the license application or the suspension or revocation. (Code 1958, § 15-12; Ord. No. 81-17, § 6, 6-2-81) Supp. No. 1 925 13-23 BOYNTON BEACH CODE Secs. 13-23--13-32. Reserved. ARTICLE II.'CONTRACTORS* See. 13-33. ApPliCabilitY of general Except as , this chapter. ~ Sec. 13-34. License required. Except as for any one to en by the special acts having a business l~ engaging in interstate commerce, unless visions: nsing of ~ icle I of it shall be unlawful contractor, as defined the county, and branch office in the city or engaging in ~as obtained a license in accordance with the pro~dsionS of this chapter. Sec. 13-35. Registration in lieu of license. (a) Holders of valid licenses shall not be licenses, but shall register the fee required by section 13-38. (b) contractors' occupational ~ger and pay of Florida shall not be required to obtain city ( ~al licenses, but shall register with the city manager and pay the fee required by section 13-38. ~ers o_f Valid contractors' license~s i_ss~ t m unicipal~mte. ~u~f~re~d~ I Sec. 13-36. County or ztate certification prerequisite to license or registration. No person shall be licensed or registered as a contractor unless he has been and is currently certified by the state or 'Cross reference--Building regulations generally, Ch. 5. Supp. No. 1 952 Chapter 14 MOTOR VEHICLES AND TRAFFIC* '~.~ 14-1. Careless driving. ~_,,E__v__e~~rson operating a motor vehicle ov.e~t_r.e,_e~, lic Or private thoroughfar~.s~rking lotsl r area located ~e~ withi~-~l~-~ endanger the ~e ~ no .~a~;e ~--o{ a ~ola~f this.section. (C~e 19~, ~ 29-9)~ Sec. 14-2. Speed in construction areaz. ~e s~d of vehicul~ tr~fic over ~y potion of ~y strut, avenue, road, highway or other thoro~e ~thin the city ~ed by vehicul~ tr~fic, which ~ ~ ~der ~tm~ion or rep~ ~d pro~rly m~k~ by si~ ~ such, shall not ex~d twenty (20) miles ~r ho~, ~d the s~ limi~ hereina~ve es~blish~ sh~ ~ ~r~ ~ccordingly when such construction conditions exist, except in ~y ~ea where a lower s~ed limit h~ ~en es~blish~ ~d in such event the lower s~ed limit sh~l govern. (C~e 1958, ~ 29-2) 'Cross references--Identification of vehicles used in businea~, § 13-21; unn~- use of horns, [ 15-8(b); n6isy vehicles, § 15-8(f), (h); parades, ~ lb-10; preventiOn of scattering of loads, ~ 15-33; traffic and parking regulations in beaches and parks, § 16-69 et seq.; recreational vehicles, Ch. 20; taxicabs, Ch. 24; trailers, Ch. 25; traffic control devices in subdivisions, App. C, Art_ IX, i 16; design specifications for traffic control devices in subdivisions, App. C, Art. X, ! 17. State law references--Stats traffic control law generally, F.$. Ch. 316; municipal legislation prohibited on matters covered by that law, F.S. ! 316.007; powers of Ioca} authorities, F.S. i 316.008; municipal speed limits, F.S. [ 316.189. Supp. No. 1 1019 § ]4-3 BOYNTON BEACH CODE payable to the City of Boynton Beach. (Code 1958, § 29-4: Ord. No. 81-10, § 1, 4-7-81) Cross reference--Zoning ordinance, App. A: Sec. 14-4. Solicitation of rides or business. fa) It shall be unlawful for any person to stand upon any s~cle~alk,:s~reet, avenue, alley or public highway or grounds within the limits of the City for the "thumbing," requesti operator of any vehicle. The provi:' construed to prevent apE highway, or a driver an emerge! signaling carrier for the purpose hire. the not be a public e, where from passenger thereon: for (b) No person shall stand in a roadway for the purpose of soliciting .oyment br business from the OCcupant of any vehicle. ( 1958, § 29-I0) State law reference--Authority to prohibi! hitchhiking. F.S. 316.008(1 )(u). ~-,Sec. 14-5. Speed limit for trains. It~s,k~tt~be unla~fful to operate an), train, either~ passenger cars,~reight cars, or both, more locomotives, ~ by diesel_~r~team power or otherwise, or any other ty~rail~'av vehicles, other than those set forth in secti~-14-6 of~is Code, upon railway tracks, within~t~e~it?at a speed in exce~-~hi~v-five (35) robes penhour. (Code 1:958, ~ 29-3) --' ]~~~. ~peed limit for other railroad vehicle~ devices, op~pon railroad tracks t~~ city, s~~rated at e ~eed in exces~ fifteen (1~_~ ~upp. No. 18 1022 ~0~'OR'VEH]CLES AND T~AFF]C § !4.7.] and such vehicles shall yield the righ~ other~edestrian traffic procee~oss or ore! ~ment can~n~'ith reasonable Sec. 14-7. Trains blocking or obstructing crossings. (a) NO two (2) or more consecutive street crossings, where the streets of the ciD' intersect a railroad track at grade ]eve] shall be blocked by railroad traffic of any nature whatsoever, at the same time, for a peri(~t of more than ten (10) minutes, and in no case shall any street crossing within the' city be blocked by railroad traffic for a period of more than twenty (20) minutes. Afver a railroad crossing has been blocked by railroad traffic for a period of more than twenty (20) minutes, said crossing shall not again be blocked by railroad traffic until it has been cleared for the use of vehicular or pedestrian traffic across or upon the intersect- ing streets for a period of at least ten (10) minutes. (b) Ii shall be the responsibility of all railroads operating trains or other railway vehicles of any nature whatsoever within or through the city to notify the city police and fire departments whenever any street crossing is to be blocked by railroad traffic for a period of ten (10) minutes or more. (Code ]958, § 29-3.2) Cross reference--Obstructing streets general]y, § 22-4. Sec. !4-7.1. Vghen sounding train whistle.~?norn prohibited; penalty. (a) It shall be unlawful and a public nuisance for any person, business or corporation operating a railroad train of a railroad company wholly within the State of Florida to blow, activate, or in an)' way permit or cause the blowing or activation of train whistles and/or horns from railroad trains between the hours of 10:00 p.m. and 6:00 a.m. on any day, when such train is traveling within the City of Boynton Beach, Florida. Supp. No. 18 1023 Chapter 15 OFFEN SE$--M I$CELLANEOUS* 15-45 Art. lb-44--1b-59 Art. 15-60-15-69 Art. V. Provisions, §§ 15-70, 15-71 one year .... ARTICLE I, IN GENERAL Sec. 15-1. Adoption of state misdemeanors. It shall be unlawful for any person to cornmit, within the corporate limits of the city, any act which is or shall be recognized by the laws of the State of Florida as a misdemeanor, and the cornrnission of such acts is hereby forbidden and :declared a violation of this section. Whosoev- er shMl violate the provisions of this section, upon conviction thereof, shall be punished by the same penalty as is pro~dded therefor by the laws of the State of Florida, but in no case shall such penalty~" exceed a fine of five hun- dred dollars ($500.00)?r a term of imprisonment not in excess of~,qSr lSoth such fine and imprisonment. (Code 1958, § 17-42.1; Ord. NO. 79-33, § I, 12-5-79; Ord. No. 80-43, § 1, 10-21-80) Annot~lio,~--Adoption of state misdemeanors, including futurt enact- n~ ~utborized, MocFarland t'. I~obert,, 74 ~.2d 8~ (1FD_ 1954); daramillo v. City of Hom~estead, 322 S~.2d 4D(; (FL~ 1975); State v. Srrdth, 18~2 So.2d ~ (FI~ 4th ]:)CA 19~7~). See. 1 5-2. Advert;.s~ng matter; unauthorized posting. It shall be unlawful for any person to fasten, in any way, any show card, poster or other advertising device upon public or private property in the city unless legally authorized to do so. 'Cross refere~ee~--Offense~ minting to nlcoholic beveragez, Ch. 3; prohibited act, pertaining to library, ~ 12-7; offerm~ relating to motor vehicles and traffic, Ch. 14. Supp. No. 20 1075 £Z Sec. !5-3. 1Reserx'ed. Editor's uot~-Section 15-.~, relative to the distribution ot c~cul~s, t~ow- ~w~y~ ~d handbil~, de~v~ &om O~. No. 7845, { 1, enn~ ~p~. 19, 1978, w~ re~]~ by ~d. No. 82-22, {' 2, adop~ Ju]y 20, 1982. Sec. 15-4. ,Failure to respond to lawful procesi. It sl~mll be unlawful and a violation of this Code for any person to to or comply with any Iav~al proce~ d or issued by any board, commission or Sec. 15-5. Fireworks displays. (a) Permit required. Firework~ display~ o~y ~ held ~d ~du~ in ac~rd~ ~ p~t W ~ ~ction. (b) Permit o~plication. AppOrtion for ~ ~mit for a firewor~ display ~h~ ~ m~de ~ ~t~ ~ the city m~er at le~t fif~n (15) da)~ in adv~ of the ~ of ~e dhp~y. (~ ~L--olication referral. ~e appli~tion for a ~it here,~er =E~II ~ refe~ by the city m~er ~ ~e c~ef~ :~:~ '~e ~li~ ~d fire dep~men~ ~ion shall ~ ~ ~]~ ~e o~ra~r ~th ~e c~ef~ of the ~Ii~ ~d f~ the c~ef of ~e F~e de~ent Fm~ ~t ~e ~p~y h of will ~ disc}~ged or fired, so ~ not prope~y or endanger any ~rson. (e) Permits not tra~ferable. Firewor~ display ~rmi~ shall not ~ tr~sferab]e. (C~e 1958, ~ 17-15) ert~.~. M~ors misreprese~t~g~ge; us~g I or ~.~umi~r~s~t or exhibit ; issued to a purpose of gaining OFFEN SE S--MI SC ELLANEOU S §15-8.1 ratification card or note or, for the >r for the pur- rohibited articles, the services .~n or not, t.o procure ]en by law to beverages to minors. § 3-2 ;unk dealers deMing ~Sth. person licensed as a secondhand secondhand buyer, or of such licensee, to buy or accept except that such licensee may such minors. (Code 1958, § Sec. 15-8. Noise control--Short title. Sections 15-8 through 15-8:8 shall be kno~m and may be cited 4' the short title of "City of B%vnton Beach Noise Control Ordi- nance.'' (Or&No. 85-16, § 2, 3-19-85) Editor's note--Ord. No. 85-16, §§: 1.2, adopted Nlax. 19, 1985, provided for the repeal :of § 15-8, noise, and enacted in:lieu thereof new provisions re!afire to the r. ame subjec~ mat~er, designated as §§ 15-8--15-8.8 to read as herein set out. Formerly, §15:E was derived from the 1958 Code, § 17-22.2. and Ord. No. 82-12, ~. !; adopted May' 18, 1982. Sec. '.15-8.1. Same--Purpose and space. It is the purpose of this section to prevent, prohibit and provide for the abatement, of excessive and unnecessar3" noise which may injure .the health or welfare or degrade the quality of life of the citizens and residents of the CiW of Boynton Beach. This section shall apply to the control of all sound originating within ~he limits of this jurisdiction. (Ord. No. 85-16, § 2, 3-19-85) Note--See the editor's note following § 15-8. Supp. No. 21 1077 Cid CODE SOUND LEVELS BY RECEIVING LAND USE LI O Sound t~eceiving Land Use Cate#ory Time Level Limit Exterior 7 am to 10 pm 60 Residential 10 pm to 7 am - 55 Commercial At all times 65 Interior 7 am to 10 pm 50 Residential 10 pm to 7 am 45 Commercial At all times 55 The maximum sound level caused by these sound sources shall not exceed the LI0 sound ]eve] lfmi~s by more than the values ~- ..... -~_ ,t/sl,ed below: .6 fron am 5 dB froTM 10 pm to ~m For any source of sound w~ch emits a p'~e tone or imnulsive t3~e of sound, the sound level limits for L10 and maximu~ sound levels shall be reduced by five {5~ dB./Ord. No. 85-16. ~ 2, 3-19~5) No~--~e the editor's note following ~ 15-8 ~c. 15-9. Obstruction of passageways. It shall be un]a~ffu] for any person to place or erect, upon any public way or passageway to any buil~ng, an obst~cfion of any ~a, provided this section shall not prevent the duly authorized or required placing of tempor~- ba~iers or w~n~ng si~s for the p~ose of s~re~ding the public. (Code 1958, ~ 17-31) ~c. 15-10. Parades. (a) Permit required No p~ade, procession or other m~ching assembly, except the forces of the United States ~med Semdces, the milit~ forces of this sta~ and the forces of the county sher~s depmment, local police and fire depmments, and ex- cept any organized funeral pr~ession under the direction ~d su~n~ion of,a d~y li~ed ~er~ ~r, shMl ~upy, m~ch or p~ade along any street, thoroug~e or roadway within the Supp. No. ~1 1080.4 § 16-49 BOYNTON BEACH CODE Sec. 16-49. Refuse and trash. h shall be un]awful for any person to bring in or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, wast.e, garbage or refuse or other .... any beach or park. No such refuse or trash shall be place , any waters in or contiguous to any park or beach, or t~ . any~'here ereof, but shall be placed . the proper are provided. Where receptacles are t all such rubbish or waste shall be carried away or' beach by the person responsible for presence and properly disposed of elsewhere. (Code 1958, ~ 19-23) See. 16-50. Swimmers to conform to regulations. 1! shall be unlawful for any person in a park or beach to swim, bathe, or wade in any waters Or waterways in or adjacent to any park or beach, except in such waters and at such places and during such hours as are provided therefor, and in compliance with such regulations as are herein set ,orth or may be hereafter adopted. Nor shall any person freouent_ any_ waters or places customarily~ designate'alL · for the purpose of swimming or bathing, or congregate thereat when such activity is prohibited by the director upon a finding that such use of the water would be dangerous or otherwise inadvisable. (Code 1958, § 19-39) ! Se'ET-. t0-~52k, Indecent exposure - ~ ~hall be unm~ffu]'TGF-~-~ ~ indeoentl}~3~°~ %-ig ~¢rson-~~ Sec. 16-52: Dressing and undressing. No person shall dress or undress on any beach or in any vehicle, toilet or other place except in such bathing houses or structures as may be provided for that purpose. (Code 1958, § 19-41) 1150 P-~PO~.S AND RE-CP. EATION i 1~82 pass to the right of any vehicle they ~e ove~aking and pass to the right of any vehicles they may he meeting. (Code 1958, ~ 19-36) ' ' Sec. 16-80. Passengers on bicycles; mariner of parking or leaving. It shall be unlawful for any person on any beach or park to ride any other person on a bicycle, or to leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available, or to leave a bicycle lying on the ground or paving, so set a£ainst trees, or in any place or position where' other persons may trip over or be injured by them. (Code 1958. § t9-37) . Sec. 16-81. Headlights, reflectors on bicycles. It shall be unla~-fu! for any person, on any beach or park to d - ride a bicycle on any road between thirty (30) minutes after sunset or before h 0 the bicycle, and w/thom a red tail light or ~e~~nc~red reflector plainly visible from at least _. _ ' k ,. TLk~feet from (500) the rear °fsuch bicycle. (Code 1958, .~ 19-38) /six hundred (600 Sec. 16-82. Rules, reg-alations co.n/rolling parking of vehi- cles at municipal beach property located within the Town of Ocean Ridge. The city manager is hereby directed to implement subject proce- dures at the earliest possible date. (Said regulations are set out below.) POLICY NO. 1. PARKING PERMITS Parking permits will be issued on an annual basis (October 1 through September 30) with issuance beginning September 1 each year to residents (see"denmt)ons" ' ' ") of the City of Boynton Beach, for a charge of five dollars ($5.00) for the first decal issued to a resident vehicle, upon satisfactory completion of appropriate application forms. Applicants will be required to establish proof of residency in the City of Boynton Beach (see ....definmons") and to present his official state motor vekficle tag re,-tis(ration certificate. Supp. No. 18 1155 Chapter 17 PEDDLERS AND SOLICITORS* Art. Ii In General,§§ 17-1--17-12 Art. ii. Solicitors and Canvassers,§~ 17-13-17-33 Art. IlL Charitable Solicitations, §§ 17-34--17-42 ARTICLE I. IN GENERAL Sec. 17-1. Registration, photo and fingerprints re- quired. Every nonresident person employed as a house-,o-house salesman or peddler, all .... ;' _-t persons soliciting magazine subscriptions and all ~ persons solicit- ing charitable contributions are hereby required to register before beginning their employment, or if already employed, to regis~.er in a registration book to be kept by the chief of police. The registrant shall also be fingerprinted and furnish the Chief of police with a photograph of such size as may be designated by the chief of police. (Code 1958, § 20-1) Sec. 17-2. Identification card required; re-registra- 'tion; fee. An identification card shall be issued to each person registering under section 17-1 and such identification card shall be carried by the employee a; all times. In the event such registration card shall be lost. or cannot be produced upon reasonable notice, such person shall promptly re-regis- tar and secure a new card from the chief of police. A fee of twenty-five cents ($0.25) shall be charged for the issuance of each identification card or renewal thereof. (Code 1958, § 20-2) Sacs. 17-3--17-12. Reserved. *Cross references--Li'cense tax for itinerant or transient merchants, § 13-22(197)(f); license tax for peddlers, § 13-22(225); license tax for solicitors and canvassers, § 13-22(280). 1211 Chapter 19 PLANNING AND DEVELOPMENT GENERALLY* Art. I. 19 General, §§ 19-1--19-18 Art. Il. Site Plan Review and Approval,§§ 19-17--19-37 Art. Ill. Community Appearance [~,0ard, §§ 19-38--19-47 ARTICLE I. IN GENERAL Sec. '19-1. Planning a~d zoning board created; appointment, terms. ~ffT~ ,.~ere is hereby created a mun]ci-pal planning and zoning oara,, which shall consist of seven (7) members to be appointed bY the city council. T~'o (2) members of the board shall ser~'e for a term of one (1) year from the date of appointment; three (3) members shall serve for a term of two (2) years from the date of appointment; two (2)members shall serve for a term of three (3) years from the date of appointment. Vacancies created afl.er expi- ration of these terms shall be filled by appointments for three- year terms. Members of the board shall be residents and electors of the city. The board shall also consist of two (2) alternate members ap- pointed by: the city council. One (1) alternate shall serve for a term of one (1) year from the date of appointment; the other alternate shall serve for a term of two (2) years from the date of appointment. Said members shall serve in the absence of a regu- lar member from the meeting, (Code 1958. § 2~41; Ord. No. 82-47, § I, 11-16.82; Ord. No. 83-19, § 1, 5-17-83; Ord. No. 85-24, § 1, 4-2-85) Sec. 19-2. Filling vacancies on board; removal, If a vacancy shall occur on the planning and zoning board, same shall be filled by appointment by the city *Cross references--Code enforcement board generally, § 2-72 et ~-q.; enforcement of this chapter by board. J 2-75; buiidin[ r~,ul~tion~ generally, Ch_ 5; zoning, App. A; planned unit developmenta, App. B; aul>division regulations, App. C. Supp. No. 21 1367 Chapter 23 TAXATION* Art, I. Is:General, §§ 23-1--23-13 Art. II. Public Service Tax, §§ 23-14--23-21 ARTICLE I. IN GENERAL '~ee~?~-l. Reports of collections. mort xes during the~red by said[ ~aws of Fla. 1947, Ch. 24398, ~ 123) Sec. 23-2. Excise tax on casualty insurors. There is hereby assessed, imposed and levied on every. insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of insuring with respect to casualty risks, as sho~m by the records of the Insurance Commissioner of the State of Florida, an excise or license tax in addition to any license tax or excise tax now levied by the cit~; which tax shall be in the srnount of one per cent (1%) of the: gross amount of receipts of premiums from policyholders on all premiums collected on casualty insurance Policies, covering property within the city. The or excise tax herein levied shall be due and payable ann on the first day of March of each year. (Code 1958, § 26-1) Cross references--License tax for insur~ce businesses, § 13-22(164); pensions for police officers, § 15-164 et seq. State law references--Casualty insurance tax authorized, F.S. § 185.08; proceeds .to be paid to police officers' retirement fund or police pensio~ fund, F/S. § 185.11. all property Sec. 23-3. Excise tax on-~-~-- '--~ ~--- !do insurors. (a) There is hereby assessed and imposed on every insurance company, corporation or other insurer now *Cross reference--Occupational license taxes, Ch. 13. Supp. No. 20 1619 t ~-3 BOYN ~-PON BF-&CH CODE engaged in or ca~rying on. or who shall hereafter engage in or carry on, the business of insuring property against loss or damage .~-=_?=.-~, an excise or license tax amounting to two per cent (2%) of the gross amount of receipts of premiums from policyholders on all premiums collected on fire and tornado insurance policies covering property within the corporate limits of the city. The license tax herein assessed and imposed shall be in addition to all other license taxes now levied by the city. (b) All money derived from the taxes imposed by this section is hereby appropriated to the fireman's relief and pension fund of the city, which shall be administered in accordance with the provisions of Chapter 175, Florida Statutes, providing for the creation and administration of a i-~remen's relief and pension fund in certain cities and towns. The excise or license tax herein provided for shall be payable and collected in the manner provided for by Chapter 175, Ftorids Statutes, providing for the creation and aamm~stra~.lon of a firemen's pension trust fund in certain cities and towns. (Code 1958, §§ 26-10, 26-11) Cros~ reference~--License tax for insurr~ce businesses~ § 13-22(164); pensions for firemen, § 18-179 et seq. State law referenee~--Property insurance tax authorized, F.S. § ]75.101; proceeds to be deposited to firemen's pension trust fund, F.S. § 175.13I. Sees. 23-4--23-13. Reserved. ARTICLE II. PUBLIC SERVICE TAX* Sec. 23-14. Levied. (a) Except as otherwise provided herein, there is hereby levied by the city on each and every purchase in the city of electricity, metered or bottled gas (natural, liquefied petroleum gas, or man- ufactured), and local telephone service, a tax based upon the charge made by the seller thereof, said tax to be at the rate often (10) per cern upon said charges, which tax, shall in every case, be *Cross references--License tax for gas companies, § 13-22(140); license tax for telephone companies, § 13-22(196). Supp. No. 20 1620 TAXATION § 23-16 monthly. Co) E~cer in the ciD' fuel oil, and heating, th~ State Sec. 23-15. ~, there is hereby levied in the ciw of fuel oil (fuel oil being oil, number one (1) and number two (2) ~ or any combination thereof for lighting, purpose delivered to any limits of the City) a tax of oil purchased, which tax shall in for the use of the city, to the paying the charge therefor, to -. (Code 1958, § Ord. No. 85-]4, § 1, 2-19-85) authorized, F.S. § 166.23l(1)(a). ;tment charge excluded from The tax imposed by section 23-14 above shall not be applied against any fuel adjustment, charge, and such charge shall be separately stated on each bill. "Fuel adiustment charge" shall mean all increases in the cost of utility services to the ultimate consume~ resulting from a~ increase in the cost of fuel to the utility subsequent to October 1, 1973. State law reference Similar provisions, F.S. § 166.231(1)(b). ~,~ec. 23-16. Exemption of small residential purc~,~'~ -~f electricity. ~ . The tax on e~'ree~icity levied by section~23-~ shall not ~ ~ levi~;d ~c~~e first-fi~) kilowatt hours of elec~~~th pu~or residentiM use, begin- nin~ob~r 1~978. ~ex~n shM1 apply ~ each sep~it, regardless ~her such unit is leac~~uM ~naqtf ............... ~ ~e law reference--Similar provisions, F.S. ~ 1~.231(3). Supp. No. 20 1621 TAXICABS 24-7 Sec. 24-5. Certificate issuance; factors to be consid- e re d. (a) If the city council finds that further taxicab service in the city is required by the public convenience and necessity and that the applicant is fit, willing, and able to perform transportation and to conform to the provisions of this chapter and the rules promulgated by the city council, then the city council shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under said certificate and the date of issuance; otherwise, the application shall be denied. (b) In making the above findings, the city council shall take into consideration the number of taxicabs already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions, and the character, experience, and responsibility' of the applicant. (Code 1958, § 27-4) Sec. 24-6. Certificate transfer. No certificate of public convenience and necessity may be so}d. assigned or otherwise transferred without the consent of the city conncil, which shall not unreasonably refuse the right to transfer. (Code 1958, § 27-5) Sec. 24-7. Certificate suspension and revocation. (a) A certificate of public convenience and necessity' issued under the provisions of this chapter may be revoked or suspended by the city council if the holder thereof has (a) violated any of the provisions of this chapter, (b) discontinued operations for more than five (5) days, or (c) violated any ordinances of the city, or the laws of the United States or the State of Florida, ~ :~ ' --~-- - ' "-:-" (b) Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard. (Code 1958, § 27-6) 1675 two hundred thousand dollars ($200,0m. 00) three hundred 1 ($300,000.00) § 24-$ BOYNTON BEACH CODE Sec. 24-8. Liability insurance required. No certificate of public convenience and necessity shah be issued or continued in operation unless there is in full force and one, p01 icy ~Codt effect, a' liability insurance policy for each vehicle one hundred ::of f.;vc i?,;-,.:z,-~n~ d~l-,.,-~-~. (${~t~ thousand one person; in the amount of dollars -- 'uries to more than (~i00,000,0 in the same accident and for property damage nt. Said liability insurance the benefit of any person who shall be damage to property proximate- of a holder, his servants, or insurance policy shall be filed insurance shall be with in the State of Florida. Sec. 24-9. ;e fees prerequisite to continuance of t. ifi ca t e. No certif/ca~e of public convenience or necessity shall be ccmtinued in opera, ion unless the holder thereof has paid an a_nnual licenselfee as provided in Chapter 13 of this Code for the right to engage:in the taxicab business. Such license fees shall be for the license vear and shall be in addition to any other licenSe 'fees or cha~ges established bx' proper ~uthorit}i and applicable.to the hol~ler of the vehicl; o'r vehic, es under his operation and control. (Code 1958, § 27-8) Cross reference--Taxicab license fee, § 13-22~292L Sec. 24-10. Certain agreements to be furnished to council. lt. shall be mandatory for all holders to file with the ciW council copies of all contracts, agreements, arrangements, memoranda, or other writings relating to the furnishing of taxicab service to any hotel, theater, hall, public resort, railway station or other place of public gathering, whether such arrangement is made with the holder or any corporation, firm or association with which the holder may 1676 0 0 ~D 0 0 0 0 oo °~ o o 4_1 0 r~ o ~o 0 · ~ o I I I I I I I I 0 0 ~D 0 0 .~o~ · r-I 4-1 .0o~ ~ 0 ~0 ~ ~ 0 ~Y~ 0 ~ -OtN c~ 0 ~ 0 CD 0 0 o .PI -H 0 0 rj O3 o r..) o r~ o~J · ~ 0 ~o 0 · ~o o o ~ 0 ~0 ¢) 0 ,--{ o o'"0 ~ 0 · 0 ~0 4J.H o 0 0 0 -r-I .IJO oOm o .H (D 0 0 o>,.~ (D 0 ,..-I 0 L~ 0 L~ ~J {J © 0 0 0 0 ~J~J 0 0 o JJ o 0 0 o 0 0 o r,j ~ o r~ b0 · or-.I 0 o 0 (D 0(~ ~>0 ~>0 O~ O~ O~C~ ~.) m rjm 0 0 0 o ~D ~ 0 ~0 o o ~D >0 O~ ~0 0 O~ 0 ~ ~0 ~Om~ 0 o 0 o ~D ~D ,--~ o 0 o · ~o o O~ ~o:~ 0~ O~ o n~ 0 -r--I o 0