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boyntonind CODE INDEX A ABANDONED PROPERTY Definitions, 10-50 Newsracks empty thirty continuous days, 15-87 Nuisance Abandoned or lost property on public property, procedure, 10-51 Abatement Bid procedure, 10-53 Storing, parking or leaving on private property declared, 10-52 ABANDONING OF DOMESTIC ANIMALS Generally, 4-2 ADVERTISING Advertising matter Unauthorized posting, 15-2 Circulars, throwaways and handbills Distribution, 15-3 Vehicles for hire; advertising in or on vehicles, 24-3 AGENCIES. See: Departments and Other Agencies of City AGREEMENTS. See: Contracts and Agreements AIRPORTS AND AIRCRAFT Aircraft and helicopter landings, 15-70 Spot landing approvals; regulations, 15-71 ALARM SYSTEMS Alarm business responsibility, 2.5-20 Audible alarms, 2.5-15 Business (alarm); central office required, 2.5-14 Identification required, 2.5-14 Damage to property, 2.5-21 Decal required, 2.5-7 Definitions, 2.5-2 Duties of person notified, 2.5-9 Enforcement through codes enforcement board, 2.5-16 Failure to notify, 2.5-19 False alarms Departmental review of contested fees, 2.5-18 Excessive false alarms declared a public nuisance, 2.5-12 Prohibited; exceptions, 2.5-11 Response service fees; collection, 2.5-13 Fines; failure to pay, 2.5-17 Interference with city telephone trunk lines prohibited, 2.5-14 2004 S-22 1 2 Boynton Beach Code ALARM SYSTEMS—Cont’d Operation of alarm system, 2.5-10 Permits, operating Applications for, 2.5-4 Fee, 2.5-5 Issuance of, 2.5-6 Nontransferable, 2.5-6 Required, 2.5-3 Term of, 2.5-5 Property owner, duties of, 2.5-8 Service charges; failure to pay, 2.5-17 Short title, 2.5-1 ALCOHOLIC BEVERAGES Beer, proximity of sales to other establishments, 3-6 City parks and beaches; alcoholic beverages permitted only at designated places, 16-38 Definitions, 3-1 Hours for sale, 3-4 Possession prohibited, 3-5 Streets, consumption thereon prohibited, 3.5 ANIMALS AND FOWL Abandonment, 4-4 Adoption of regulations, 4-25 Agents for protection of animals, 4-28 Animal control centers; personnel, 4-25 Animal waste, 4-14 Animals injuring, killing other animals, 4-17 Application of Palm Beach County Code of Ordinances and Chapter 828, Florida Statutes, 4-30 Bird sanctuary declared, 4-6 Bitches in heat, 4-34 Charges, 4-22 County registration, license required, 4-36 Cruelty generally, 4-2 Damaging property, 4-33 Dead animals Action required, 4-12 Cost, 4-10 Injuring animals, 4-12 Removal of dead animals from private property, 4-11 Removal of dead animals from public streets and squares, 4-10 Definitions, 4-1 Disposition of animals impounded for the third time, 4-23 Enforcement, 4-27 Enforcement, 4-38 Environmentally sensitive lands, Pt. III, Ch. 7.5, Art. IV Environmental regulations. See that title. Impounding authorized, 4-19 Impounding authorized; redemption, 4-20 1999 S-10 Code Index 3 ANIMALS AND FOWL—Cont’d Impounding fees, 4-22 Indecent exhibitions, 4-9 Keeping livestock, poultry, exotic and wild animals in city, 4-18 Kennel, stable, grooming parlors and pet shops, 4-29 Leash law and presumptions, 4-32 Livestock, poultry, exotic and wild animals running at large prohibited, 4-19 Maintaining place for fighting, 4-8 Manner of keeping and treating animals generally, 4-4 Molesting, shooting, and catching birds unlawful, 4-6 Notice of impounding of licensed dogs and cats, 4-21 Notice to appear, 4-38 Nuisance, 4-13 Poisoning, 4-3 Presence in city owned park or recreation areas prohibited, 4-33 Procedure when dog bites a person, 4-16 Rabies vaccinations, 4-37 Records, 4-26 Release or interference with impounded animals, 4-24 Restraint of guard dogs, 4-35 Running at large prohibited, 4-31 Teasing and molesting animals, 4-5 Unlawful to keep stray animal, 4-7 Vicious animals, 4-15 Violations, 4-38 ANTENNA Community antenna television systems, 7-1 et seq. Community antenna television system. See also that title. APPEALS (Pt. III, Ch. 1) Administrative official, Art. I, § 1 Building board of adjustment and appeals, Art. I, § 3 City Commission, Art. I, § 4 Concurrency review board, Art. I, § 2 Withdrawal or denial of appeal, Art. I, § 5 APPROPRIATIONS Certain ordinances not affected by code, 1-8 ART IN PUBLIC PLACES PROGRAM Art and artist selection criteria, 2-164 Arts Commission, 2-161 Powers and duties of committee, 2-162 Definitions, 2-160 Establishment of public art fee, 2-163 Guidelines, 2-167 Location plan, 2-168 Ownership of artwork, 2-166 2006 S-25 4 Boynton Beach Code ART IN PUBLIC PLACES PROGRAM—Cont’d Public Art Fund, 2-165 Short title; intent, 2-159 ARTS COMMISSION Creation, 2-154 Meeting, 2-157 Organization, 2-156 Powers, 2-158 Purpose and duties, 2-155 ASSOCIATIONS Person defined to include, 1-2 ATTORNEY. See: City Attorney AUTOMOBILES. See: Motor Vehicles AVIATION. See: Airports and Aircraft B BALLOTS Generally, 2-42 BEACHES City parks and beaches, 16-18 et seq. Parks and recreation. See also that title. BEER Proximity of sales to other establishments, 3-6 BEVERAGES. See: Alcoholic Beverages BICYCLES City parks and beaches; traffic and parking regulations; bicycles, 16-78 et seq. Parks and recreation. See also that title. BIRDS Generally, 4-6 et seq. Animals and fowl. See also that title. BOARDS AND COMMISSIONS. See: Departments and Other Agencies of City BOATS AND BOATING Boat launching and trailer parking user fee at Boat Club Park, 16-61 Parks and recreation; boats and boating, 16-93 et seq. Parks and recreation. See also that title. 2006 S-25 Code Index 5 BOATS AND BOATING—Cont’d Recreational vehicles, boats and boat trailers, 20-1 et seq. Recreational vehicles, boats and boat trailers. See also that title. BODIES POLITIC Persons defined to include, 1-2 BONDS Certain ordinances not affected by code, 1-8 City manager; bond, 2-27 Community antenna television systems; faithful performance bond, 7-29 BOUNCE HOUSES, 16-28 BOYNTON CANAL Use of portion of; abutting property, prohibited, 16-7 BUDGET Certain ordinances not affected by code, 1-8 BUILDINGS Abatement of drug related public nuisances, 10-55 et seq. Abatement of drug related public nuisances. See that title Community design plan. See that title. Construction Noise control, 15-8 et seq. Noise. See that title Electricity. See that title Environmentally sensitive lands, Pt. III, Ch. 7.5, Art. IV Environmental regulation. See that title Excavations. See that title Flood damage prevention. See: Buildings, Housing and Construction Regulations Gas. See that title Housing. See that title Land development regulations. See: Land Development Regulations (Pt. III) Landscape code. See that title Numbers Mandatory street numbers on all buildings, 15-16 Parking lots. See that title Tree preservation, Pt. III, Ch. 7.5, Art. I Tree preservation. See also Trees BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS (Pt. III, Ch. 20) Accessibility by handicapped, Art. I, § 5 Building security code, Art. I, § 8 Certificate of treatment for termites, Art. I, § 2 Coastal building zone and code, Art. I, § 6 Electrical code, Art. II Energy efficiency code, Art. V 2006 S-25 6 Boynton Beach Code BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS—Cont’d Fees, Art. I, § 4 Flood damage prevention, Art. VII Administration, 2 Generally, 1 Provisions for flood hazard reduction, 3 Historic preservation, Art. XIII Design conformance, 3 Generally, 1 Waiver of technical requirements, 2 Housing, Art. VIII Generally, 1 Minimum standards, 2 Local housing assistance program, Art. VIII, § 3 Minimum building and construction standards, Art. I, § 3 Penalties, Art. I, § 1 Swimming Pools and Spas, Art. IX BURGLAR ALARM SYSTEMS Alarm systems generally, 2.5-1 et seq. C CABLE SYSTEMS AND OPEN VIDEO SYSTEMS Franchising and Licensing of Cable and Open Video Service Providers General Provisions Definitions, 5-6 Compensation required, 5-8 Enforcement and remedies, 5-11 Franchise required, 5-7 General conditions upon use of right-of-way, 5-9 Protection of the city and residents, 5-10 Special rules for government entities, 5-13 Transitional provisions, 5-12 Special Rules Applicable to Cable Television Systems Application for grant, renewal or modification of franchise, 5-24 Connections to cable system; use of antennae, 5-30 Construction provisions, 5-25 Definitions, 5-21 Franchise fee, 5-28 No exclusivity, 5-22 Operation and reporting provisions, 5-26 Rate regulation and consumer protection, 5-27 Relation to 47 USC 545—546, 5-23 Transfers, 5-29 Special Rules Applicable to Open Video Systems and Open Video System Operators Application for a franchise, 5-16 Regulation of Rates for Basic Service and Equipment Scope and applicability, 5-1 2006 S-25 Code Index 6A CAMPING City parks and beaches; camping, 16-57 CANVASSERS Solicitors and canvassers, 17-13 et seq. Peddlers and solicitors. See also that title CAPITAL IMPROVEMENTS FUND Composition, 2-13 Established, 2-13 CEMETERIES Applicability, 6-2 Board of governors created Avenues, drives and walks Jurisdiction over, 6-10 Clerk, 6-6 Composition, 6-4 General appearance regulated, 6-9 General powers, 6-5 General regulatory authority, 6-8 Quorum, 6-4 Records, 6-7 Reports, 6-7 Terms, 6-4 Brickwork; regulations governing, 6-14 Cemetery fund established, 6-3 Investment, 6-3 Use, 6-3 Conveyances and burials Prohibited until settlement of debts due city, 6-13 Cornerstones; regulations governing, 6-14 Deeds, issuance of, 6-12 Described, 6-1 Disinterments, 6-19 Excavations to be by city at owner’s expense, 6-15 “For sale” signs prohibited, 6-17 Grading; regulations governing, 6-14 Headstones and vaults Removal of earth or rubbish, 6-16 Lot enclosures; regulations governing, 6-14 Lot sales, prices, fees Council to provide for, 6-11 Spacing; regulations governing, 6-14 Transfer of lots, 6-18 CENTRAL BUSINESS DISTRICT LANDSCAPE CODE. See Landscape Code 2006 S-25 6B Boynton Beach Code CHARITABLE SOLICITATIONS Generally, 17-34 et seq. Peddlers and solicitors. See also that title CHECKS Overdraft service fee, 2-18 CHILDREN AND YOUTH ADVISORY BOARD. See: Minors 2006 S-27 Code Index 7 CHURCHES Charitable solicitations; churches exempted, 17-36 Public service tax; exemption for churches, 23-17 CITY Defined, 1-2 CITY COMMISSION City Council renamed City Commission, 2-1.1 City Manager, attendance at meetings, 2-29 Community antenna television systems; franchises Commission may grant, 7-21 Defined, 1-2 Mayor. See that title Meetings Maintaining order, decorum thereat, 2-11 Minimum qualifications for appointment, membership, 2-16 Quasi-judicial proceedings before Commissioner Board; procedure for reconsideration, 2-20 CITY ENGINEER Engineering Department. See also that title Administrator, 2-4 CITY FACILITIES, POLICY FOR NAMING, 2-22 CITY MANAGER Appointment, 2-25 Bond, 2-27 Commission meetings, attendance at, 2-29 Community antenna television systems; installation and maintenance City Manager’s action upon grantee’s failure to perform street work, 7-47 Compensation, 2-26 Disability, 2-31 Powers and duties, 2-30 Qualifications, 2-25 Removal, 2-28 Temporary absence, 2-31 CITY SEAL, 1-11 CIVIL EMERGENCIES Definitions, 15-44 Emergency measures Filing, publication of, 15-46 Employee compensation Authority and duration of emergency pay policy coverage, 2-173 Designation of employees for purposes of establishing pay and compensation, 2-174 Duty to work, 2-175 Employee compensation, 2-176 2006 S-27 8 Boynton Beach Code CIVIL EMERGENCIES—Cont’d Employee compensation—Cont’d Handling of leave requests during a declared emergency, 2-179 Holiday pay, 2-180 Local state of emergency, 2-172 Purpose, 2-171 Record keeping, 2-178 Standby and call back pay, 2-177 Suspension of other compensation rules, 2-181 Extension, 15-48 Proclamation Regulations authorized, 15-45 Termination, 15-48 Violations, 15-49 When proclamation effective, 15-47 CLUBS Persons defined to include, 1-2 CODE COMPLIANCE BOARD Appeal, 2-80 Appointment, 2-74 Alternative system, 2-82 Conduct of hearing, 2-77 Creation, 2-74 Definitions, 2-73 Enforcement Generally, 2-83 Procedure, 2-76 Fines, 2-79 Intent, 2-72 Liens Duration, 2-79.5 Generally, 2-79 Lien modification hearing Conduct, 2-89 Final orders issued, 2-90 Reduction procedure, 2-94 Application, 2-86 Fee, 2-87 Criteria, 2-85 Procedure, 2-88 Newsracks; city removal of, 15-88 Nuisance Abatement Board, consolidation with, 2-92 Organization, 2-74 Powers of Board, 2-78 Provisions under jurisdiction, 2-75 Service of notices, 2-81 Violations and penalties, 2-83, 2-91 2006 S-25 Code Index 9 CODE OF ORDINANCES* Catchlines of sections, 1-3 Certain ordinances not affected by code, 1-8 Cited, 1-1 City, laws and codification, 1-9 Code Compliance Board, 2-72 et seq. Code Compliance Board. See also that title Cost assessed for law enforcement education, 1-7 Designated, 1-1 General penalties Continuing violations; adjudging fines and imprisonments, 1-6 Reciprocity implied, 1-10 Repeal of ordinances, effect of, 1-4 Rules of construction, 1-2 Severability of parts of Code, 1-5 *Note-The adoption, amendment, repeal, omissions, effective date, explanation of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. COIN-OPERATED MACHINES OR DEVICES Licensing provisions, 13-21 COMMERCIAL ESTABLISHMENTS After-hours operation, 15-17 COMMISSION. See: City Commission COMMISSIONS. See: Departments and Other Agencies of City COMMUNICATIONS RIGHTS-OF-WAY Abandonment of a communications facility, 25.1-17 Conditional use of public rights-of-way, 25.1-9 Construction bond, 25.1-14 Definitions, 25.1-3 Enforcement remedies, 25.1-16 Existing communications facilities in public rights-of-way, 25.1-11 Force majeure, 25.1-18 Indemnification, 25.1-13 Insurance, 25.1-12 Intent and purpose, 25.1-2 Involuntary termination of registration, 25.1-10 Permits Suspension, 25.1-7 Appeals, 25.1-8 Placement or maintenance of a communications facility in public rights-of-way, 25.1-6 Registration for placing or maintaining communications facilities in public rights-of-way, 25.1-4 Reports and records, 25.1-19 2004 S-21 10 Boynton Beach Code COMMUNICATIONS RIGHTS-OF-WAY—Cont’d Reservation of rights and remedies, 25.1-20 Security fund, 25.1-15 Title, 25.1-1 Transfer, sale or assignment of assets in public rights-of-way, 25.1-5 COMMUNITY ANTENNA TELEVISION SYSTEMS City Manager Filings to be with, 7-5 Commission to perform duties in absence of City Manager, 7-9 Definitions, 7-1 Duty to provide service, 7-8 Franchise required Unlawful acts and practices, 7-3 Franchises Acceptance, 7-22 Application; commission action Condition included in franchise, 7-28 Commission may grant, 7-21 Compensation during “hold over”, 7-24 Effective date, 7-22 Faithful performance bond, 7-29 Fee, 7-24 Franchise limitations, 7-26 Franchise renewal, 7-31 Inspection of records, 7-24 Insurance policies required for indemnification of city, 7-30 Payment by grantee, 7-24 Reports, 7-24 Rights granted under franchise, 7-25 Rights reserved to the city, 7-27 Term Grounds for termination prior to expiration of term, 7-23 Abandonment of property of grantee, 7-45 City Manager’s action upon grantee’s failure Performance of street work, 7-47 Grantee’s property and records Inspection by city, 7-49 Installation, 7-42 Location of property of grantee, 7-44 Operational standards, 7-43 Permits, 7-42 Public improvements, changes required by, 7-46 Removal and abandonment of property of grantee, 7-45 Service, 7-42 Utility poles, agreement for joint use Filed with City Manager, 7-48 2004 S-21 Code Index 10A COMMUNITY ANTENNA TELEVISION SYSTEMS—Cont’d Licensee When term to be used, 7-2 Office in city required, 7-7 Publication expenses, payment of, 7-6 Rates, deregulation of, 7-10 Violations, 7-4 COMMUNITY APPEARANCE AND MAINTENANCE Definitions, 15-119 Minimum standards for appearance and maintenance of public and private property, 15-120 Purpose, 15-118 COMMUNITY DESIGN PLAN (Pt. III, Ch. 9) Administration and interpretation of regulations and provisions, 7 Applicability, 4 Community design review and approval, 5 Definitions, 3 Exemptions, 6 Exterior building design, 11 General intent, 9 Purpose, 2 Site criteria, 10 Title, 1 COMMUNITY REDEVELOPMENT AGENCY City Commission as governing body, 2-13.2 Consolidation of previous agencies; survival of actions, 2-13.4 Federal Highway Corridor Community Redevelopment Plan Adoption of plan, Pt. III, Ch. 1.5, Art. VII, § 16 Applicability, Pt. III, Ch. 1.5, Art. VII, § 16 Conflicting ordinances, Pt. III, Ch. 1.5, Art. VII, § 17 Effective date, Pt. III, Ch. 1.5, Art. VII, § 19 Severability, Pt. III, Ch. 1.5, Art. VII, § 18 Powers and duties generally, 2-13.3 Powers delegated to agency, 2-13.1 Redevelopment trust fund, 2-13.1 COMMUNITY RELATIONS BOARD Appointment, 2-103 Created, 2-101 Duties, 2-106 Filling vacancy, 2-105 Membership, 2-102 Terms, 2-104 2004 S-21 10B Boynton Beach Code CONSTRUCTION. See also: Buildings, Housing and Construction Regulations Exemption for trailers, 25-7 Noise control, 15-8 et seq. Noise. See that title CONSULTANTS. See: Purchasing and Consultants CONTRACTORS Licensing provisions, 13-19 CONTRACTS AND AGREEMENTS Certain ordinances not affected by code, 1-8 CONVENIENCE STORES Security regulations re, 15-69 et seq. Stores. See that title. CO-PARTNERSHIPS Persons defined to include, 1-2 2007 S-28 Code Index 11 CORPORATIONS Persons defined to include, 1-2 COUNTY Defined, 1-2 D DEPARTMENTS AND OTHER AGENCIES OF CITY Agencies, defined, 1-2 Board members, voting by Abstention from voting, 2-225 Applicability, 2-223 Definitions, 2-224 Disclosure of conflict of interest, 2-226 Enforcement, 2-227 Intent and purpose, 2-222 Short title, 2-221 Boards, commissions, etc., generally Appointment of alternate members, 2-17 Minimum qualifications for membership, 2-16 Cemeteries; board of governors, 6-4 et seq. Cemeteries. See that title. Children and Youth Advisory Board and Education Advisory Board, consolidation of; survival of actions, 2-123 City commission. See that title. Code compliance board, 2-72 et seq. Code compliance board. See that title. Community redevelopment agency, 2-13.1 et seq. Community redevelopment agency. See that title. Community redevelopment agency board, Part III, Ch. 1.5, Art. II Community relations board, 2-101 et seq. Community relations board. See that title. Consultants; commissions, boards, etc. Independent of city council to follow article, 2-61 Education advisory board, 2-126 et seq. Schools. See that title. Education and youth advisory board, 2-116 et seq. Minors. See that title. Employees’ pension plan; administration of the plan Board, 18-136 et seq. Employees’ pension plan. See that title. Engineering department, 2-4 Fire department. See that title Fire prevention bureau, 9-29 et seq. Fire prevention bureau. See that title. 2007 S-28 12 Boynton Beach Code DEPARTMENTS AND OTHER AGENCIES OF CITY—Cont’d Library board, 12-1 et seq. Libraries. See that title. Minimum qualifications for appointments to city boards and commissions, membership, 2-16 Nuisance abatement board, 15-113 et seq. Nuisances. See that title. Parks and recreation; board, 16-1 et seq. Parks and recreation. See that title. Planning and development board, Pt. III, Ch. 1.5, § 1 Planning and development. See that title. Police department. See that title. Public works department. See that title. Senior advisory board, 2-141 et seq. Senior advisory board. See that title. SMBE Program Advisory Board, 2-215 Utilities department, 2-3 Veterans advisory commission, 2-185 et seq. DEVELOPMENT See: Planning and Development DEVELOPMENT ORDERS (Pt. III, Ch. 1) Challenges to staff comments generated through the development review process, Art. IX, § 1 DEVELOPMENT REVIEWS (Pt. III, Ch. 1) City Commission reviews, Art. VIII, § 3 Planning and development board review, Art. VIII, § 2 Technical reviews, Art. VIII, § 1 DISABLED PERSONS See: Handicapped Persons DISEASED PLANTS, TREES Diseased plants; generally, 15-60 et seq. Vegetation. See also that title. Disposal of diseased trees, Pt. III, Ch. 7.5, Art. I, § 20 Tree preservation. See: Trees DISORDERLY CONDUCT City parks and beaches; disorderly conduct generally, 16-46 DISTRIBUTORS Newsrack regulations, 15-80 et seq. DISTURBING THE PEACE Dogs; disturbing the peace, 4-13 DOGS See: Animals and fowl 2006 S-27 Code Index 13 DROUGHT Water shortage plans, 26-38 et seq. Water and sewers. See that title DRUGS AND MEDICINES Nuisance abatement, 15-113 et seq. Nuisances. See that title Officers and employees; drug free workplace, 2-19 E EARLY RETIREMENT INCENTIVE PROGRAM Benefit provided, 18-225 Creation of Early Retirement Incentive Program, 18-223 Deadline for participation, 18-227 Eligibility, 18-223 Execution of agreements, 18-229 Filing with Division of Management, 18-228 Ratification of forms, 18-230 Requirement for agreement for participation, 18-224 Statement of actuarial impact, 18-226 ECONOMIC DEVELOPMENT Economic development generally, 8-1 Economic development in Planned Industrial Development District, 8-2 EDUCATION ADVISORY BOARD. See: SCHOOLS ELDERLY PERSONS Senior advisory board, 2-141 et seq. Senior advisory board. See that title ELECTIONS Absentee voting permitted, 2-43 Early voting, 2-47 False statements or affidavits, 2-45 Filing fees, 2-42 Official ballot, 2-42 Polling places, designation of, 2-44 Vacancy in candidacy, 2-46 Voting districts, 2-41 ELECTRICITY Electricity and gas service tax, 23-14 et seq. Taxation. See that title EMERGENCIES Civil emergencies, 15-44 et seq. Civil emergencies. See also that title 2006 S-25 14 Boynton Beach Code EMERGENCIES– Cont’d Water shortage emergencies, 26-38 et seq. Water shortage plan. See: Water and Sewers EMPLOYEES’ PENSION PLAN Administration of the plan Actuarial review and services, 18-147 Administrative regulations authorized Distribution, 18-138 Adoption of tables, 18-148 Agents, 18-140 Annual reports by trustee or insurance company, 18-146 Application for benefits; procedures, 18-141 Benefits. See within this title: Retirement and Retirement Benefits Board Compensation, 18-136 Interpretation of plan, 18-139 Meetings, 18-137 Preservation of records Notices to trustees, 18-144 Quorum, 18-137 Secretary designated, 18-142 Vote required, 18-137 Board of Trustees, 18-135 City contribution irrecoverable, 18-61 Compensation, limitation on, 18-64 Contributions and funding Accumulated employee contributions, return of, 18-96 City to bear costs in excess of contributions and gifts, 18-98 City’s contribution, 18-99 Deduct contributions from pay, 18-95 Employee contributions required, 18-94 Financial management, 18-100 Gifts to fund, 18-97 Pension fund designated, 18-93 Contributions, discontinuance of, 18-59 Definitions, 18-55 Disability retirement benefits, 18-126 Delayed payments, interest on, 18-150 Duties of the secretary, 18-143 Application for benefits, consideration of, 18-143.1 Early retirement incentive program Benefit provided, 18-225 Creation of Early Retirement Incentive Program, 18-223 Deadline for participation, 18-227 Eligibility, 18-223 Execution of agreements, 18-229 Filing with Division of Management, 18-228 Ratification of forms, 18-230 2006 S-26 Code Index 15 EMPLOYEES’ PENSION PLAN—Cont’d Early retirement incentive program—Cont’d Requirement for agreement for participation, 18-224 Statement of actuarial impact, 18-226 Elective benefits, 18-128 Employees, 18-140 Establishment of system, 18-56 “Filing” defined, 18-153 Fraud and deceit prohibited Penalty, 18-62 Funding. See within this title: Contributions and Funding Future changes in the operation of plan, 18-57 Insurance company, annual reports by, 18-146 Investment of funds Investment policy for General Employees’ Pension Fund, 18-145 Members and beneficiaries, responsibilities of, 18-149 Personal liability, 18-151 Powers and duties not exclusive, 18-141 Small annuities Lump sum payments, 18-152 Stocks, bonds, mutual funds etc., 18-145.1 Stocks not meeting specified criteria, 18-181.1 Trustee, annual reports by, 18-146 Investment policies General Employees’ Pension Fund, 18-145 Pension and retirement fund Generally, 18-221 Membership and service Creditable service, 18-77 Leaves of absence, 18-80 Membership, termination of, 18-79 Military and related service, 18-81 New members, 18-75 Original members, 18-74 Policemen, 18-76 Reemployment, 18-82 Service before effective date of plan, 18-78 Power to amend or terminate, 18-58 Qualified pension fund, 18-154 Retirement and retirement benefits Adjustments, 18-122 Beneficiary designations, 18-120 Benefits unassignable and not subject to process, 18-121 Corrections, 18-122 Death after retirement date, 18-116 Death before retirement date, 18-115 Delayed retirement, 18-113 2006 S-26 16 Boynton Beach Code EMPLOYEES’ PENSION PLAN—Cont’d Retirement and retirement benefits—Cont’d Disability retirement benefits, 18-126 Early retirement. See within this title: Early Retirement Incentive Program Eligibility for retirement Termination of services prior to, 18-117 Errors, 18-122 Member records, 18-120 Minimum benefit, 18-112 No interest in the fund, 18-123 Normal retirement, 18-111 Payments in case of legal or other disability, 18-124 Re-employment of members receiving benefits, 18-125 Retirement annuity option, 18-118 Retirement prior to normal retirement date, 18-114 Social security option, 18-119 Status statements, 18-120 Service. See within this title: Membership and Service Temporary limitations, 18-63 Termination of plan, 18-60 EMPLOYEES. See: Officers and Employees ENCLOSURES. See: Fences, Walls, Hedges and Other Enclosures ENGINEERING DEPARTMENT Administrator, 2-4 Established, 2-4 ENVIRONMENTAL REGULATION (Pt. III, Ch. 7.5) Central business district landscape code. See: Landscape Code Environmentally sensitive lands, Art. IV Appeals, 5 Definitions, 2 Permitting requirements, environmental protection, 1 Preservation of natural resource sites, 6 Review procedures for proposed land alterations, 3 Review schedule, 4 Landscape Code. See: Landscape Code Tree preservation. See: Trees EXCAVATIONS Cemeteries; excavations to be by city at owner’s expense, 6-15 Excavation and fill regulations (Pt. III, Ch. 8) Classifications, Art. II Construction, Art. IV Nuisance abatement, Art. V 2004 S-21 Code Index 16A EXCAVATIONS—Cont’d Excavation and fill regulations (Pt. III, Ch. 8)—Cont’d Objectives, Art. I, § 4 Permitting, Art. III Purpose and intent, Art. I, § 2 Restoration surety, Art. VI Scope, Art. I, § 3 Short title, Art. I, § 1 EXPLOSIVES City parks and beaches; explosives, 16-40 F FALSE ALARMS Alarm systems generally, 2.5-1 et seq. FEDERAL HIGHWAY CORRIDOR COMMUNITY REDEVELOPMENT PLAN Adoption of plan, Pt. III, Ch. 1.5, Art. VII, § 16 Applicability, Pt. III, Ch. 1.5, Art. VII, § 16 Conflicting ordinances, Pt. III, Ch. 1.5, Art. VII, § 17 Effective date, Pt. III, Ch. 1.5, Art. VII, § 19 Severability, Pt. III, Ch. 1.5, Art. VII, § 18 FENCES, WALLS, HEDGES AND OTHER ENCLOSURES Junk and junkyards; screening Specifications for; approval of, 11-3 FILLING. See: Excavations FINANCES Cemetery fund established Use, investment, 6-3 Certain ordinances not affected by code, 1-8 Overdraft service fee, 2-18 Payment of moneys to city, 2-18 Redevelopment trust fund Powers of redevelopment agency, 2-13.1 Social services for the poor or aged Disbursement of federal funds for, 2-12 Stormwater utility fees, 26-400 et seq. Water and sewers. See that title FINGERPRINTS Peddlers and solicitors; fingerprints required, 17-1 2004 S-21 16B Boynton Beach Code FIREARMS AND WEAPONS City parks and beaches Fireworks, 16-40 Weapons, 16-53 Fireworks displays, 15-5 Possession or discharge, 15-14 Stones and missiles, throwing, 15-13 Switchblade knives, 15-12 FIREWORKS City parks and beaches; fireworks, 16-40 Display, 15-5 FIRE AND LIFE SAFETY DIVISION Authority to enter property for inspection, 9-31 Compliance with orders; appeals, 9-36 Duties of officers, 9-30 Establishment; designation of officers, 9-29 Inspection complaints, 9-34 Inspections, 9-32 - 9-33 Investigation of causes of fires; procedures, 9-37 Service of enforcement orders, 9-35 FIRE CODES Fire breaks, penetration of, 9-17 Fire safety inspections for commercial activities, annual fees for, 9-19 Fire walls, penetration of, 9-17 Inflammable liquids in outside aboveground tanks Where bulk storage is prohibited, 9-16 National codes adopted, 9-15 FIRE DEPARTMENT Pensions for firefighters Accounting, 18-187 Application, 18-179 Average final compensation defined, 18-183 Compensation, limitation on, 18-190 Cost of living increase, 18-180.2 Deferred retirement option plan, 18-222 Disability retirement benefits, 18-182 Early retirement, computation of monthly income, 18-180.1 Ex officio membership of the fire chief on the board of trustees, 18-184 Investments, 18-181 Limitation on compensation, 18-191 Monthly retirement income, 18-180 Normal retirement date, 18-185 Payroll deductions; employee, state and city contributions, 18-186 2007 S-28 Code Index 17 FIRE DEPARTMENT—Cont’d Pensions for firefighters—Cont’d Purchase of military/fire service credit, 18-190 Required distributions, 18-187 Thirteenth check, 18-184.1 Transfer of accumulated leave, 18-192 Repeal or termination of fund, 18-188 Social security. See that title FIRE PREVENTION AND PROTECTION Amendments to codes, 9-6 Control of automatic elevators, 9-65 Cost recovery for special operations and clean-up of hazardous materials, 9-61 Emergency fire watch standby coverage Emergency fire watch; disabled system, 9-56 Standby fire and emergency medical coverage, 9-57 Enforcement authority, 9-2 Examination of building permits, 9-4 Fire codes adopted; standards, 9-3 Fire codes and fees Bulk storage of inflammable liquids in outside aboveground tanks, 9-16 Extension cords, control panels, and appliances, 9-20 Fire hydrants and Fire Department connections, 9-23 Fire inspection fees, 9-19 Fire lanes on private property; blocked roadways, 9-21 Fireworks, 9-18 High rise buildings and buildings with six or more stories, 9-24 Key boxes/entry systems, 9-15 Open burning, 9-13 Penetration of firewalls and fire breaks, 9-17 Roadway security gates and emergency access, 9-14 Use of charcoal stoves; other devices lacking proper ventilation, 9-22 Fire protection outside city, 9-51 Inspection test records, 9-7 Penalty, 9-1 Report of fire, 9-5 FIRE RESCUE ASSESSMENT Alternate method, 23-50 Annual fire rescue assessments Adoption of annual rate resolution, 23-40 Adoption of final assessment resolution, 23-38 Correction of errors and omissions, 23-44 Effect of final assessment resolution, 23-39 General authority, 23-33 Initial assessment roll, 23-35 2006 S-27 18 Boynton Beach Code FIRE RESCUE ASSESSMENT—Cont’d Annual fire rescue assessments—Cont’d Initial proceedings, 23-34 Interim assessments, 23-45 Lien of assessment, 23-41 Notice By mail, 23-37 Publication, 23-36 Procedural irregularities, 23-43 Revisions to assessment, 23-42 Applicability, 23-49 Collection and use of assessment Alternative method of collection, 23-47 Government property, 23-48 Method of collection, 23-46 Definitions, 23-29 Effective date, 23-52 General findings, 23-31 Interpretations, 23-30 Legislative determinations of special benefit, 23-32 Limitation on Fire Rescue Assessment Duration, 23-53 Severability, 23-51 FIRMS Persons defined to include, 1-2 FISHING, NO Fishing prohibited, 15-125 No fishing areas, designated, 15-127 Penalty, 15-126 FOWL. See: Animals and Fowl FLOOD DAMAGE PREVENTION. See: Buildings, Housing and Construction Regulations FRANCHISES Certain ordinances not affected by code, 1-8 Community antenna television systems, 7-21 et seq. Community antenna television systems. See also that title G GAMBLING City parks and beaches; gambling, 16-44 GAMES City parks and beaches; games allowed only in designated areas, 16-58 2006 S-27 Code Index 19 GARAGE SALES Definition, 13-52 Exception to provisions, 13-53 Permit Conducting garage sales without, or making false statements in order to obtain Unlawful; penalties; prima facie evidence re, 13-58 Fee, 13-56 Limitation on number of permits issued, 13-57 Required, 13-54 Written statement prerequisite to issuance, 13-55 GARBAGE AND TRASH Abandoned property, 10-50 et seq. Abandoned property. See that title. City parks and beaches; refuse and trash, 16-49 Garbage. See within this title: Refuse, Garbage and Trash Hurricane hazards Lands to be kept free from matter occasioning, 10-3 Inspection of lands to determine violation. See within this title: Violation; Penalty Lands to be kept free from trash or filth, 10-2 Inspection of lands to determine violation. See within this title: Violation; Penalty Nuisance provisions. See within this title: Violation; Penalty Refuse, garbage and trash City to collect and dispose of garbage Supervision, regulatory authority, 10-22 Containerized collection Commercial and multifamily residential, 10-25 Dead animals, 10-27(g) Definitions, 10-23 Frequency of collection, 10-27(b) Incinerators, 10-27(h) Landfills, 10-27(I) Littering, 10-27(j) Mulch or compost piles, 10-27(e) Non-interference, 10-27(k) Ownership of collection refuse and waste, 10-27(f) Rates and charge: Purpose, 10-29 Service provided by city, 10-30 Refuse collection Single family residential, 10-24 Refuse storage sites Predetermination required, 10-27(a) Roll-off services, 10-26 Users of city system Recording and billing duties of Director of Public Works, 10-27(c) Violations and enforcement, 10-31 Trash. See within this title: Refuse, Garbage and Trash 2004 S-22 20 Boynton Beach Code GARBAGE AND TRASH—Cont’d Violation; penalty Abatement by city, 10-8 Assessment of costs, interest and attorney's fees; lien, 10-9 Enforcement, 10-10 Content and form of notice, 10-6 Hearing, 10-7 Inspection of lands to determine violations, 10-4 Notice of estimated cost, 10-8 Notice of violation; required, 10-5 GAS Electricity and gas service tax, 23-14 Taxation. See that title. GRAFFITI Definition and prohibition, 15-18 GRASS. See: Vegetation H HANDICAPPED PERSONS Disabled parking spaces Violation, penalty, 14-9 HAZARDOUS MATERIALS, HAZARDOUS WASTE, AND TOXIC SUBSTANCES Disclosure and safety requirements, 9-71 Licensing provisions re businesses transporting, 13-22 HEDGES. See: Fences, Walls, Hedges and Other Enclosures HELICOPTERS. See: Airports and Aircraft HIGHWAY CORRIDOR COMMUNITY REDEVELOPMENT PLAN Adoption of plan, Pt. III, Ch. 1.5, Art. VII, § 16 Applicability, Pt. III, Ch. 1.5, Art. VII, § 16 Conflicting ordinances, Pt. III, Ch. 1.5, Art. VII, § 17 Effective date, Pt. III, Ch. 1.5, Art. VII, § 19 Severability, Pt. III, Ch. 1.5, Art. VII, § 18 HOTELS Taxicabs soliciting for passengers at hotels, 24-32 HOUSING. See also Buildings, Housing and Construction Regulations Numbers Mandatory street numbers on all buildings, 15-16 2004 S-22 Code Index 21 HUNTING City parks and beaches; hunting, 16-53 I IMPOUNDMENT Animals and fowl; impoundment, 4-19 et seq. Animals and fowl. See also that title. Traffic; supplemental provisions for impounding, 14-8 IMPROVEMENTS. See also Required Improvements. Certain ordinances not affected by Code, 1-8 INDECENCY AND OBSCENITY Animals and fowl; indecent exhibitions, 4-9 INDUSTRY Industrial sewage, 26-59 et seq. Water and sewers. See that title. INFORMATION TECHNOLOGY SERVICES/GEOGRAPHIC INFORMATION SERVICES, 2-4.1 INOPERABLE MOTOR VEHICLES. See: Abandoned Property INSURANCE Casualty insurers, excise tax on, 23-3 Community antenna television services Franchises; insurance policy, 7-30 Fire insurers, excise tax on, 23-3 Newsrack liability requirements, 15-85 Signs; liability insurance required, 21-12 Taxicabs; liability insurance required, 24-8 Tornado insurers, excise tax on, 23-3 J JUNK AND JUNKYARDS Automobile graveyards, requirements for, 11-2 Definition, 11-1 Existing junkyards, requirements for, 11-2 Screening Specifications for, approval of, 11-3 JUNK DEALERS Dealing with minors, 15-7 2002 S-44 22 Boynton Beach Code JUNKED VEHICLES. See: Abandoned Property K KNIVES Switchblade knives, 15-12 L LAND (General regulations) Environmentally sensitive lands, Pt. III, Ch. 7.5, Art. IV Environmental regulation. See that title. Garbage and trash. See that title. Inspection of lands to determine violation, 10-4 et seq. LAND DEVELOPMENT REGULATIONS (Note-Sections contained within this title refer to sections found within Part III) Buildings, housing and construction regulations. See: Buildings, Housing and Construction Regulations Catchlines of sections, Ch. 1, Art. I, § 3 Certain ordinances not affected by regulation, Ch. 1, Art. I, § 8 Community design plan. See: Community Design Plan Cost assessed for law enforcement education, Ch. 1, Art. I, § 7 Definitions, Ch. 1, Art. II Effect of repeal of ordinances, Ch. 1, Art. I, § 4 Environmental regulation. See: Environmental Regulation Excavation and fill regulations. See: Excavations General penalties; continuing violations; adjudging fines and imprisonments, Ch. 1, Art. I, § 6 How regulations are designated and cited, Ch. 1, Art. I, § 1 Impact fees and dedications, Ch 1, Art. V Establishment of parks and recreation facilities impact fee or land dedication in lieu thereof, 3 In General, 1 Palm Beach County fees/dedications, 2 Parks and recreation facilities impact fee, App. A Jurisdiction, Ch. 1, Art. III Land development fees, Ch. 1, Art. VI Master plan review. See: Master Plan Review Ordinances; city laws and codification, Ch. 1, Art. I, § 9 Purpose, Ch. 1, Art. IV Parking lots. See: Parking Lots Planned unit developments. See: Planned Unit Developments Planning and development generally. See: Planning and Development Platting. See: Platting Reciprocity implied, Ch. 1, Art. I, § 10 Required improvements. See: Required Improvements Rules of construction, Ch. 1, Art. I, § 2 Severability of parts of regulations, Ch. 1, Art. I, § 5 Signs. See: Signs 2006 S-26 Code Index 23 LAND DEVELOPMENT REGULATIONS—Cont’d Site plan review. See: Site Plan Review Streets and sidewalks. See: Streets and Sidewalks Surety, Ch. 7 Applicability, 2 Purpose, 1 Types of surety, 3 Zoning. See: Zoning LANDSCAPE CODE (Pt. III, Ch. 7.5) Administration and interpretation of code regulations and provisions, Art. II, § 9 Applicability of landscape ordinance and other regulations, Art. II, § 8 Central business district landscape code, Art. III Applicability of the central business district landscape code, 4 Central business district landscape plan to be submitted, review and approval required, 5 Central business district landscape requirements, 9 Definitions, 3 Landscape plan approval, 6 Maintenance and irrigation, 8 Performance surety, 7 Purposes, 2 Short title, 1 Construction of language and definitions, Art. II, § 3 Declaration of purpose and intent, Art. II, § 2 Enforcement of code regulations and provisions; violations, penalties and other remedies, Art. II, § 10 Landscape plan approval, Art. II, § 6 Landscaping requirements for certain yard areas and off-street parking and other vehicular use areas, Art. II, § 4 Particular requirements, Art. II, § 5 Performance surety, Art. II, § 7 Short title, Art. II, § 1 LIBRARIES Acts prohibited; penalty, 12-7 Board created, 12-1 By-laws, 12-3 Compensation, 12-2 Duties, 12-4 Meetings, 12-5 Membership, 12-1 Organization, 12-2 Powers, 12-4 Qualifications, 12-2 Quorum, 12-3 2004 S-22 24 Boynton Beach Code LIBRARIES—Cont’d Regulations, 12-3 Removal of members, 12-6 Rules, 12-3 Terms, 12-1 Vacancies, 12-1 LICENSES AND PERMITS Alarm system operating permit, 2.5-3 et seq. Alarm systems. See that title. Application for license, 13-7 Business tax receipt tax fee schedule, 13-4 Certain ordinances not affected by Code, 1-8 Charitable solicitation; permit, 17-37 et seq. Peddlers and solicitors. See that title. City parks and beaches; permits re, 16-20 et seq. Parks and recreation. See that title. Classification and fee schedule, 13-4 Administrative remedy to challenge, 13-6 Code enforcement, 13-17 Coin-operated vending machines, 13-24 Community antennae systems; installation and maintenance, 7-42 Conflict with statue, 13-3 Contractors, registration and regulation of, 13-21 Cross-connection control and backflow prevention re, 26-109 Declaration required where fee depends on variable factors within applicant’s knowledge, 13-8 Definitions, 13-2 Delinquency penalty, 13-11 Dogs; county registration, county license required, 4-36 Doing business not covered by license, 13-15 Due dates, 13-10 Duplicate licenses, 13-13 Engaging in business without license Penalties; prima facie evidence, 13-16 Enforcement, method of, 13-17 Excavations and fills. See: Excavations False statements License obtained by void ab initio, 13-15 Garage sales, 13-52 et seq. Garage sales. See that title. Hazardous materials or waste, businesses handling, 13-25 Home occupational license fees, 13-23 Identification of vehicles used in business or occupation, 13-27 Imposition and levy of tax, 13-1 Injunction, 13-17 Issuance of license, 13-9 Nonprofit enterprise, special permits for, 13-19 2007 S-28 Code Index 24A LICENSES AND PERMITS—Cont’d Posted or carried, licenses to be, 13-14 Professionals, 13-22 Purpose, 13-1 Reapplication fee, 13-7 Right of appeal, 13-18 Right to deny issuance, renewal, transfer, revocation, 13-18 Sales. See within this title: Garage Sales Sewers, permits re industrial and commercial waste, 26-131, 26-160 Signs. See: Signs Solicitors and canvassers, 17-14 et seq. Peddlers and solicitors. See that title. Special events, 13-20 Streets and sidewalks. See: Streets and Sidewalks Tow vehicles, 13-26 Transfer of license, 13-12 Unlisted businesses or occupations, provision for, 13-5 Used car lots, licensing of, 13-28 Vehicles for hire, 24-9 et seq. Vehicles for hire. See that title. LIENS Nuisance abatement board Duration of lien, 15-115.5 LITTER Defined, 15-26 Gutters, sweeping or depositing into, 15-28 Private property, 15-31 Prohibited generally, 15-27 Public places, sweeping or depositing into, 15-28 Scattering of loads, prevention of, 15-33 Vacant property, 15-32 Vehicles, throwing from, 15-29 Water, throwing or depositing in bodies of, 15-30 LIVESTOCK Generally, 4-19 Animals and fowl. See also that title. LOADING AND UNLOADING Noise control, 15-8 et seq. Noise. See that title. LOCAL HOUSING ASSISTANCE PROGRAM, Part III, Ch. 20, Art. VIII, § 3 2007 S-28 24B Boynton Beach Code Code Index 25 LOCAL IMPROVEMENTS Certain ordinances not affected by Code, 1-8 LOUDSPEAKERS Noise control, 15-8 et seq. Noise. See that title. M MANAGER. See: City Manager MAPS Numbers Mandatory street numbers of all buildings; establishment, 15-16(f) MASTER PLAN REVIEW (Pt. III, Ch. 3) Administration, Art. I, § 3 Appeals, Art. I, § 4 Applicability, Art. II Exemption to master planning, 2 Master planning required, 1 Waiver of master planning, Art. II, § 3 Approval, Art. I, § 5 Master plan preparation and submission, Art. IV Master plan content, 3 Preparation, 1 Submission, 2 Technical review, 4 Preapplication conference, Art. III Procedure, 2 Written preapplication, 1 Prerequisites to master plan, Art. I, § 2 Purpose, Art. I, § 1 MAYOR Offices and titles of Mayor and Vice-Mayor retained, 2-1.1 Vice-Mayor Appointment, 2-1.2 Duties and official designation, 2-9 MEDICINES. See: Drugs and Medicines MINIMUM YARD SETBACKS, ADMINISTRATIVE ADJUSTMENT TO, Pt. III, Ch. 1, Art. X MINORS Education and Youth Advisory Board Consolidation of Children and Youth Advisory Board and Education Advisory Board, 2-123 Created, 2-116 Duties, 2-117 2006 S-27 26 Boynton Beach Code MINORS—Cont’d Education and Youth Advisory Board—Cont’d Meetings, 2-120 Organization, 2-119 Powers, 2-122 Recommendations, 2-118 Gang-related activity nuisance abatement re, 15-111 et seq. Nuisances. See that title. Secondhand or junk dealers, dealing with, 15-7 MISDEMEANORS State misdemeanors, adoption, 15-1 MISSILES Throwing stones or missiles, 15-13 MOTOR VEHICLES Abandoned, wrecked or junked vehicles, 10-50 et seq. Abandoned, wrecked or junked vehicles. See also that title. Litter, throwing from vehicles, 15-29 Noise control, 15-8 et seq. Noise. See that title. Recreational vehicles, 20-1 et seq. Recreational vehicles, boats and boat trailers. See also that title. Storage of, 14-5 Traffic, 14-1 et seq. Traffic. See also that title. Trailers, 25-1 et seq. Trailers. See also that title. MUSICAL INSTRUMENTS Noise control, 15-8 et seq. Noise. See that title. N NEWSRACK REGULATIONS Abandonment, 15-87 Authority, legislative intent, 15-83 Definitions, 15-82 Enforcement of provisions, 15-88 Liability; hold harmless, 15-85 Location, placement standards, 15-84 Location; private property, 15-86 Maintenance, installation standards, 15-84 Rules of construction, 15-81 Short title, 15-80 Supplemental regulations, Pt. III, Ch. 2, § 11 A. 2006 S-27 Code Index 27 NOISE Administration, 15-8.3 Animals and fowl; nuisance by noise, 4-13 Definitions, 15-8.2 Exemptions, 15-8.6 Inspections, 15-8.4 Penalty for violations, 15-8.7 Prohibited acts, 15-8.5 Purpose and scope, 15-8.1 Short title, 15-8 Sound control Administration, 15-10.3 Enforcement, 15-10.7 Exemptions, 15-10.6 Inspections, 15-10.4 Penalty, 15-10.7 Prohibited acts, 15-10.5 Purpose, 15-10.1 Short title, 15-10 Terminology and standards, 15-10.2 Sound levels by receiving land use category, 15-8.8 Standards, 15-8.2 Terminology, 15-8.2 NON-SMOKING POLICY Non-smoking areas, 15-19 NOTICE OF INTENT, Part III, Ch. 1, Art. XI NUISANCE ABATEMENT BOARD Code Compliance Board, consolidation with, 2-92 NUISANCES Garbage, nuisance abatement provisions re, 10-4 et seq. Garbage and trash. See that title Nuisance abatement Board Conduct of hearing, 15-115 Fines for noncompliance with orders, 15-115.5 Duration of lien, 15-115.5 Processing of complaints, 15-114 Definitions, 15-112 Judicial review, 15-116 Rights preserved, 15-117 Title, 15-111 NUMBER Defined, 1-2 2004 S-22 28 Boynton Beach Code O OATH Defined, 1-2 OBSCENITY. See: Indecency and Obscenity ODOR Animals and fowl; nuisance by odor, 4-13 OFFENSES Failure to respond to lawful process, 15-4 Obstruction of passageways, 15-9 State misdemeanors, adoption, 15-1 OFFENSIVE CONDITIONS Garbage and trash, 10-1 et seq. Garbage and trash. See also that title OFFICERS AND EMPLOYEES Certain ordinances not affected by Code, 1-8 City Attorney. See that title City Engineer, 2-4 City Manager, 2-25 et seq. City Manager. See also that title Director of Planning; position created; appointment, tenure, Pt. III, Ch. 1.5, § 8 Planning and development. See also that title Drug free workplace Definitions, 2-19(b) General procedures, 2-19(c) Policy requirements, 2-19(d) Policy statement, 2-19(a) Employment screening, 2-21 Legal defense and identification, 2-8 Mayor and Vice-Mayor. See: Mayor Minimum qualifications for appointment to city boards and commissions, membership, 2-16 Officers, defined, 1-2 Pension Administrator, 18-9 Pensions and retirement, 18-1 et seq. Pensions and retirement. See also that title Personnel and equipment organizational chart adopted, 2-1 Personnel Policy Manual adopted by reference, 2-151 Prosecutor. See that title ORDINANCES. See: Code of Ordinances OWNER Defined, 1-2 2004 S-21 Code Index 28A P PARKING LOTS (Pt. III, Ch. 23) Administration, Art. I, § 7 Exemptions and variations, Art. I, § 3 Minimum standards, Art. I, § 4 Non-compliance, Art. I, § 6 Permitting, Art. I, § 5 Prohibited activity, Art. III, § 1 Purpose and objectives, Art. I, § 1 Required improvements, Art. II Scope, Art. I, § 2 PARKS AND RECREATION Beaches. See within this title: City Parks and Beaches Board created Appointment, 16-1 Duties, 16-5 Meetings, 16-4 Members, removal, 16-2 Officers, 16-3 Powers, 16-5 Qualifications, 16-1 Terms, 16-1 Vacancies, 16-2 2005 S-23 28B Boynton Beach Code Code Index 29 PARKS AND RECREATION—Cont’d Boats and boating Boat club park, establishing hours of use at, 16-60 Boat launching and trailer parking user fee at Boat Club Park, 16-61 C-16 Canal (Pioneer Park) speed restriction on, 16-93.1 Enforcement, 16-95 Fueling or refueling of watercraft prohibited, 16-94.5 Intracoastal waterway Wooden overlook at terminus of Casa Loma Boulevard Mooring or docking at, 16-94.5 Mufflers required, 16-94 Overnight boat docking prohibited, 16-59 Recreational vehicles, boats and boat trailers, 20-1 et seq. Recreational vehicles, boats and boat trailers. See also that title Speed causing harmful wake, 16-93 Bounce houses, 16-28 Boynton Canal and abutting property Use prohibited, 16-7 City parks and beaches Bounce houses, 16-28 Conduct regulated Alcoholic beverages permitted only at designated places Sale; drunkenness, 16-38 Animals prohibited, 16-39 Boat club park, establishing hours of use at, 16-60 Boat docking overnight prohibited, 16-59 Camping, 16-57 Closed areas; entering, using, 16-45 Disorderly conduct, 16-46 Dogs prohibited in city owned park or recreation area, 4-33 Dressing and undressing, 16-52 Explosives, 16-40 Fireplaces and picnic areas, use of, 16-55 Fires permitted only in designated areas Dropping inflammable material, 16-43 Fireworks, 16-40 Fixtures; standing or sitting on, 16-48 Gambling, 16-44 Games allowed only in designated areas, 16-58 Hunting, 16-53 Lounging, 16-46 Picnic area Regulation authorized, 16-54 Refuse, 16-49 Rest rooms, cooperation in keeping clean, 16-47 Sleeping, 16-46 Soliciting prohibited, 16-42 2005 S-23 30 Boynton Beach Code PARKS AND RECREATION—Cont’d City parks and beaches—Cont’d Swimmers to conform to regulations, 16-50 Trash, 16-49 Trees, climbing, 16-48 Use of facilities provided for opposite sex, 16-41 Weapons; shooting, 16-53 Definitions, 16-18 Director to establish hours, 16-19 Grass, damaging, 16-25 Hours, director to establish, 16-19 Permit required to erect structure or run utility, 16-23 Permittees, interference with, 16-20 Plants, damaging, 16-25 Pollution of waters, 16-26 Regulations, enforcement, 16-22 Sand, removal of, 16-24 Showing of permits upon request, 16-21 Shrubs, removal of, 16-24 Soil, removal of, 16-24 Structures to afford open view Guy wires, braces prohibited, 16-27 Traffic and parking regulations Authority to direct traffic Obedience required, 16-70 Bicycles Headlights, 16-81 Manner of parking or leaving, 16-80 Manner of riding, 16-79 Passengers on, 16-80 Reflectors, 16-81 To keep to right, single file, 16-79 Bicycles, where permitted, 16-78 Compliance required, 16-69 Double parking, 16-77 Driving in prohibited areas, 16-73 Night parking, 16-75 Notice of vehicle breakdown, 16-76 Parking at municipal beach in Ocean Ridge, 16-82 Parking to be in parking areas Obedience to regulations, 16-74 Speed limit, 16-72 Traffic signs, observance of, 16-71 Trees, damaging, 16-25 Trees, removal of, 16-24 Utilities Permit required to erect structure or run utility, 16-23 2005 S-23 Code Index 31 PARKS AND RECREATION—Cont’d City parks and beaches; structures to afford open views Guy wires, braces prohibited, 16-27 Dogs Prohibited in city owned park or recreation area, 4-33 Recreation and parks director Hours of operation at parks and beaches established by, 16-19 Regulations enforced by, 16-22 Recreational and park fund established Expenditures, 16-6 PARTNERSHIPS Persons defined to include, 1-2 PEDDLERS AND SOLICITORS Canvassers. See within this title: Solicitors and Canvassers Charitable solicitations Amendments to application Additional solicitation, 17-43 Applicability, 17-34 Behavior, restrictions on, 17-44 Definitions, 17-36 Fees, 17-39 Penalty, 17-45 Permit Application, 17-38 Contents, 17-42 Expiration, 17-42 Granting, 17-40 Nontransferable, 17-42 Refusal to grant permit Appeal, 17-41 Required, exceptions, 17-37 Terms, 17-42 Purpose, 17-35 City parks and beaches; soliciting prohibited, 16-42 Fingerprints required, 17-1 Identification card required Re-registration; fee, 17-2 Noise control, 15-8 et seq. Noise. See that title Photo required, 17-1 Registration, photo and fingerprints required, 17-1 Solicitors and canvassers Defined, 17-13 Duty of police to enforce, 17-20 License required, 17-14 2001 S-15 32 Boynton Beach Code PEDDLERS AND SOLICITORS—Cont’d Solicitors and canvassers—Cont’d Permit required, 17-14 Action on application, 17-17 Appeals, 17-23 Application, 17-15 Application fee, 17-16 Duration, 17-18 Exhibition, 17-19 Investigation on application, 17-17 Revocation, 17-22 Reports, records of violations, 17-21 Violations, records and reports, 17-21 PEEPING TOMS Window peeping, 15-15 PENALTIES Adjudgment of fines and imprisonments, 1-6 Continuing violations, 1-6 General penalties, 1-6 Specific penalties for violations. See specific violations PENSIONS AND RETIREMENT Deferred compensation plan for unclassified personnel Agreements with employees authorized, 18-196 Authorized, 18-195 Deferred Retire Option Plan, 18-127 Early retirement. See within this title: Early Retirement Incentive Program Eligible rollover distributions Trustee to trustee transfer, 18-200 Employees’ pension plan, 18-55 et seq. Employees’ pension plan. See also that title. Firefighters, pension for, 18-179 et seq. Fire department. See also that title. Flexible benefit plan Authorized, 18-197 Contributions to plan, 18-199 Payroll deductions, 18-198 Pension administrator; duties, 18-9 Police officers, Retirement Trust Fund, 18-164 et seq. Police department. See also that title. Social security, 18-1 et seq. Social security. See also that title. 2002 S-17 Code Index 33 PERMITS. See: Licenses and Permits PERSON Defined, 1-2 PERSONNEL Personnel and equipment organizational chart adopted, 2-1 Personnel policy manual adopted by reference, 2-151 PICNICS City parks and beaches; places for picnics, 16-54 et seq. Parks and recreation. See also that title. PLANNED UNIT DEVELOPMENTS (Pt. III, Ch. 2.5) Definition, 2 Intent and purpose, 1 Internal PUD standards, 9 Locational standards for PUD’s, 8 Minimum land areas for PUD, 5 Nomenclature, 3 Plan modification, 12 Preliminary and final development plans, 11 Procedures for zoning of land to PUD, 10 Relation of land use intensity (LUI) ratings to regulations, 4 Unified control, 6 Uses permitted, 7 Zoning administrator, 13 PLANNING AND DEVELOPMENT Additional authority, functions, powers, and duties, as assigned by the City Commission, Pt. III, Ch. 1.5, Art. I, § 4.2 Advisory authority, functions, powers and duties, Pt. III, Ch. 1.5, Art. I, § 4 Authority granted by the City Commission, Pt. III, Ch. 1.5, Art. I, § 4.3 Commission designated statutory planning agency, Pt. III, Ch. 1.5, Art. I, § 5 Community design plan. See: Community Design Plan Comprehensive plan adopted; authority, purpose, preemption, Pt. III, Ch. 1.5, Art. I, § 7 Concurrency requirements (Pt. III, Ch. 1.5, Art. VI) Administration of article, § 8 Adoption of methodology for determining whether concurrency requirements are met, § 7 Applicability, § 2 Categories of development orders and permits, § 4 Certification of concurrency or exemption upon request, § 14 Concurrency review board, § 11 Exemptions, § 10 Minimum levels of service adopted for public facilities, § 5 Procedures for certification or conditional certification of concurrency, § 9 Public facilities shall be available for development projects consistent with adopted levels of service, § 6 Short title, authority, intent and purpose, § 1 1998 S-8 34 Boynton Beach Code PLANNING AND DEVELOPMENT—Cont’d Duties, responsibilities of planner, Pt. III, Ch. 1.5, Art. I, § 9 Federal Highway Corridor Community Redevelopment Plan Adoption of plan, Pt. III, Ch. 1.5, Art. VII, § 16 Applicability, Pt. III, Ch. 1.5, Art. VII, § 16 Conflicting ordinances, Pt. III, Ch. 1.5, Art. VII, § 17 Effective date, Pt. III, Ch. 1.5, Art. VII, § 19 Severability, Pt. III, Ch. 1.5, Art. VII, § 18 Master plan review. See: Master Plan Review. Planning and development board—establishment and composition, Pt. III, Ch. 1.5, Art. I, § 1 Position of director of planning created; appointment, tenure, Pt. III, Ch. 1.5, Art. I, § 8 Quasi-judicial authority, functions, powers, and duties, Pt. III, Ch. 1.5, Art. I, § 4.1 Quasi-judicial proceedings before city commissioner board; procedure for reconsideration, 2-20 Redevelopment trust fund, powers of redevelopment agency, 2-13.1, 2-13.2 Review of board decisions, Pt. III, Ch. 1.5, Art. I, § 6 Selection of chair and vice chair; rules of procedure, Pt. III, Ch. 1.5, Art. I, § 3 Terms of offices; removal; vacancies, Pt. III, Ch. 1.5, Art. I, § 2 PLANTS. See: Vegetation PLATTING (Pt. III, Ch. 5) Administration, Art. III Generally, Art. I Land development permit, Art. VII Plat preparation and approval, Art. V Final plat recording requirements, 3 Preparation of final plat, 1 Submission of final plat, 2 Prerequisites to platting, Art. IV Approved master plan, 1 Pre-application (preliminary plat), 2 Previously platted subdivisions, Art. VI Active subdivision development, 1 Improvement of existing partially developed subdivisions not subject to vacation and reversion to acreage, 3 Reversion of subdivided land to acreage, 2 Waiver, 4 Sale or transfer of property, VIII Waivers and substitutions, Art. II Substitutions, 2 Waivers, 1 POISON Dogs; poisoning, 4-3 POLES AND WIRES Community antenna television systems; installation and maintenance Joint use of utility poles, agreement to be filed with city manager, 7-48 2001 S-16 Code Index 35 POLICE DEPARTMENT Alarm systems generally, 2.5-1 et seq. Law enforcement officers Salary incentive program, 2-14 Retirement Trust Fund Beneficiaries, 18-171 Benefits Amounts, 18-169 Optional forms, 18-170 Board of Trustees Created, 18-166 Powers, 18-167 Buy back of service, 18-172 Creation, 18-164 Deferred retirement option plan (DROP), 18-175 Definitions, 18-165 False or misleading statements, 18-174(b) Incompetence, 18-174(c) Internal Revenue Code limits, 18-174(g) Lump sum payment, 18-174(e) Maintenance, 18-164 Membership, 18-165 Pension validity, 18-174(a) Required distribution, 18-174(f) Requirements for retirement, 18-169 Rights and benefits not subject to legal process, 18-174(d) Rollovers, 18-173 Supplemental pension distribution, 18-177 Termination of plan and distribution of fund, 18-176 Social security for policemen, 18-19 et seq. Social security. See also that title Solicitors and canvassers; duty of police to enforce, 17-20 POLLING PLACES Designation of, 2-44 POLLUTION Parks and recreation; pollution of water, 16-26 Stormwater system, 26-300 et seq. Water and sewers. See that title. POOLS. Swimming pools and spas, Pt. III, Ch. 20, Art. IX POULTRY Generally, 4-19 Animals and fowl. See also that title. 2002 S-17 36 Boynton Beach Code PROPERTY Abandoned property, 10-50 et seq. Abandoned property. See that title Animals and fowl; nuisance by property, 4-13 Certain ordinances not affected by code, 1-8 Dogs; damaging property of another, 4-33 Garbage and trash. See also that title Inspection of land to determine violation, 10-4 et seq. Graffiti, 15-18 Landscape code. See that title. Minimum standards for appearance and maintenance, 15-120 Personal property, defined, 1-2 Private property Newsracks located on; written permission, 15-86 Taxation; excise tax on property insurers, 23-3 Trailers; parking on private property, 25-6 PROPORTIONATE FAIR-SHARE MITIGATION OF TRANSPORTATION IMPACT (Part III, Ch. 1.5, Art. VIII) Applicability, 2 Application process, 4 Appropriation of fair-share revenues, 8 Determining proportionate fair-share obligation, 5 General requirements, 3 Impact fee credit for proportionate fair-share mitigation, 6 Proportionate fair-share agreements, 7 Purpose and intent, 1 PROSECUTOR Compensation, 2-7 Duty, 2-6 Position created, 2-5 Responsibility, 2-6 PUBLIC IMPROVEMENTS Community antenna television systems; installation and maintenance Changes required by public improvements, 7-46 PUBLIC SERVICE TAX Generally, 23-14 et seq. Taxation. See also that title. PUBLIC WORKS DEPARTMENT Divisions, 2-2 Established, 2-2 Superintendent of public works Administration of department, 2-2 2007 S-28 Code Index 36A PURCHASING AND CONSULTANTS Certain ordinances not affected by code, 1-8 City to adopt rules of procedures, 2-59 Commissions, boards, etc., independent of city commission to follow article, 2-60 Consultants Incorporation of Florida Statutes § 287.055, 2-57 Design-build contracts, 2-61 Intent, 2-58 Jurisdiction, 2-58 Purchasing agent Competitive bidding re Exceptions, 2-56.1 Generally, 2-56 Duties, 2-56 Selection, 2-56 R RADIOS Noise control, 15-8 et seq. Noise. See that title. RAILROADS AND TRAINS Locomotive whistles and/or horns Hours during which sounding prohibited; penalty for violation, 14-7.1 Trains Blocking or obstructing crossings, 14-7 RECREATION. See: Parks and Recreation RECREATIONAL VEHICLES, BOATS AND BOAT TRAILERS Definition, 20-3 Land use, effect on private limitations, 20-5 More stringent regulations to apply, 20-4 Parks and recreation; boats and boating, 16-93 et seq. Parks and recreation. See also that title Private property, conditions to parking on, 20-6 Private property, occupying on, 20-8 Purpose, 20-1 Scope, 20-2 Time limit for parking on right-of-way, 20-7 REDEVELOPMENT TRUST FUND Powers of redevelopment agency, 2-13.1, 2-13.2 2007 S-28 36B Boynton Beach Code REQUIRED IMPROVEMENTS (Pt. III, Ch. 6) Acceptance and maintenance of required improvements, Art. VI Acceptance of dedication and maintenance of improvements, 2 City completion of required improvements, 3 Workmanship and material agreement, 1 2007 S-28 Code Index 37 REQUIRED IMPROVEMENTS—Cont’d Administration, Art. I, § 3 Applicability, Art. II Commencement, Art. I, § 2 Construction of required improvements, Art. V Administration of construction, 2 Completion of improvements, 5 Construction documents, 4 Construction methods, 1 Measurements and tests, 3 Obtaining certificates of occupancy, 7 Time extensions, 6 Design requirements for required improvements, Art. IV Access, 1 Alleys, 2 Bicycle/pedestrian paths, 12 Blocks, 3 Bridges, 4 Commercial and industrial subdivisions, 19 Drainage and storm water treatment, 5 Easements, 6 Fire hydrants, 16 Lots, 7 Median strips and entranceways, 15 Monuments, 18 Nuisance abatement, 20 Seawalls, bulkheads, piers and docks, 8 Soils, 9 Street lighting, 11 Streets, 10 Traffic control devices, 17 Utilities, 13 Utility installation, 14 Identification of required improvements, Art. III Alleys, 1 Bridges and culverts, 2 Buffer areas (screening), 3 Central water system, 15 Clearing, grading, filling, 4 Drainage, 5-1 Fire hydrants, 6 Sanitary sewage, 10 Sidewalks, 11 Storm water treatment, 5-2 Street lighting, 14 Street markers, 13 Streets, 12 Traffic control devices, 16 Purpose, Art. I, § 1 2002 S-18 38 Boynton Beach Code REQUIRED IMPROVEMENTS—Cont’d Subdivisions containing/adjoining waterfront property, Art. VII Construction and permitting, 4 Dedication, 6 Design, 3 Easements or rights-of-way, 2 Exceptions, 7 General design, 1 Seawalls, bulkheads, docks and piers, 5 RETIREMENT. See: Pensions and Retirement RIGHTS-OF-WAY Communications Abandonment of a communications facility, 25.1-17 Conditional use of public rights-of-way, 25.1-9 Construction bond, 25.1-14 Definitions, 25.1-3 Enforcement remedies, 25.1-16 Existing communications facilities in public rights-of-way, 25.1-11 Force majeure, 25.1-18 Indemnification, 25.1-13 Insurance, 25.1-12 Intent and purpose, 25.1-2 Involuntary termination of registration, 25.1-10 Permits Suspension, 25.1-7 Appeals, 25.1-8 Placement or maintenance of a communications facility in public rights-of-way, 25.1-6 Registration for placing or maintaining communications facilities in public rights-of-way, 25.1-4 Reports and records, 25.1-19 Reservation of rights and remedies, 25.1-20 Security fund, 25.1-15 Title, 25.1-1 Transfer, sale or assignment of assets in public rights-of-way, 25.1-5 S SCHOOLS Education advisory board Creation, 2-126 Duties, 2-127 Meetings, 2-130 Organization, 2-129 Powers, 2-132 Recommendations, 2-128 2006 S-27 Code Index 38A SECONDHAND DEALERS Dealing with minors, 15-7 SECURITY. See: Social Security SENIOR ADVISORY BOARD Creation, 2-141 Duties, 2-142 Meetings, 2-145 Organization, 2-144 Powers, 2-147 Qualification, 2-146 Recommendations, 2-143 SEXUAL OFFENDER RESIDENCY PROHIBITION Definitions, 15-122 Findings and intent, 15-121 Penalties; exceptions, 15-123 Property owners prohibited from renting real property to certain sexual offenders and sexual predators; penalties, 15-124 SEWERS. See: Water and Sewers SIDEWALKS. See: Streets and Sidewalks SIGNS (Pt. III, Ch. 21) Annual inspection, Art. I, § 9 Application, Art. I, § 6 Definitions, Art. I, § 2 Licensing, competency of contractors, Art. I, § 14 Maintenance, Art. I, § 13 Penalties; enforcement, Art. I, § 4 Permit fee, Art. I, § 8 Permit issuance, Art. I, § 7 Permit number posting, Art. I, § 12 Permitting, Art. I, § 5 Purpose, Art. I, § 3 Removal of abandoned signs, Art. I, § 16 Revocation of permit, Art. I, § 10 Short title, Art. I, § 1 Signs allowed, Art. IV Signs allowed in commercial nonresidential districts not otherwise excluded, 2 Signs allowed in industrial zoning districts, 5 Signs allowed in malls, 4 Signs allowed in residential zoning districts, 1 Signs allowed in shopping centers and public use districts, 3 Signs in the central business district, 6 Signs permitted in planned districts, 7 Signs within public rights-of-way and city owned signs, 8 2006 S-27 38B Boynton Beach Code SIGNS—Cont’d Special conditions, Art. III Aesthetics, 3 Interpretation, 4 Nonconforming signs, 7 Numerical address required, 9 Obscene matter/misleading advertising, 2 2006 S-27 Code Index 39 SIGNS—Cont’d Special conditions—Cont’d Overhead clearance, 8 Setbacks, 5 Special signs, 6 Traffic hazards, 1 Unsafe and unlawful signs, Art. I, § 11 Variances/exemptions and prohibitions, Art. II Exemptions, 2 Prohibitions, 3 Variances, 1 Wind pressure and dead load requirements, Art. I, § 15 SITE PLAN REVIEW (Pt. III, Ch. 4) Appeals, 12 Applicability, 2 Expiration of site plan, 5 Maintenance, 11 Modification of approved site plan, 9 Notification, 6 Preapplication conference, 3 Purpose, 1 Review of site plans in the CBD central business district, zoning district or the community redevelopment agency area, 10 Review standards, 8 Submission requirements, 7 Technical review, 4 SMALL AND MINORITY BUSINESS ENTERPRISES Annual program review, 2-216 Contract language required, 2-213 Contract performance compliance procedures, 2-212 Contract pre-award compliance procedures, 2-209 Contracts, 2-211 Counting participation of SMBEs, 2-208 Definitions, 2-203 Equal opportunities, 2-205 General, 2-201 Goals, 2-207 Good faith efforts, 2-210 Notice, 2-217 Penalties, 2-214 Policy statement, 2-202 Program administration, 2-204 Program eligibility, 2-206 SMBE Program Advisory Board, 2-215 2006 S-27 40 Boynton Beach Code SOCIAL SECURITY Agreements authorized, 18-3 Appropriations authorized, 18-5 Benefits accepted, 18-1 Custodian, withholding and reporting agent designated, 18-8 Federal act adopted, 18-7 Firemen Adherence to regulations required, 18-41 Agreements authorized, 18-38 Appropriations authorized, 18-40 Benefits accepted, 18-37 Custodian, withholding and reporting agent designated, 18-43 Federal act adopted, 18-42 Personnel covered, 18-37 Records required, 18-41 Referendum required, 18-44 Reports required, 18-41 Withholdings authorized, 18-39 Personnel covered, 18-1 Personnel excluded, 18-2 Policemen Adherence to regulations required, 18-23 Agreements authorized, 18-20 Appropriations authorized, 18-22 Benefits accepted, 18-19 Custodian, withholding and reporting agent designated, 18-25 Federal act adopted, 18-24 Personnel covered, 18-19 Records required, 18-23 Referendum required, 18-26 Reports required, 18-23 Withholdings authorized, 18-21 Records required, 18-6 Regulations, adherence to required, 18-6 Reports required, 18-6 Withholdings authorized, 18-4 SOCIAL SERVICES Services for the poor or aged Disbursement of federal funds for, 2-12 SOCIETIES Persons defined to include, 1-2 SOLICITORS. See: Peddlers and Solicitors 2002 S-17 Code Index 41 SOUND CONTROL Administration, 15-10.3 Enforcement, 15-10.7 Exemptions, 15-10.6 Inspections, 15-10.4 Penalty, 15-10.7 Prohibited acts, 15-10.5 Purpose, 15-10.1 Short title, 15-10 Terminology and standards, 15-10.2 SPECIMEN TREES Designation of, Pt. III, Ch. 7.5, Art. I, § 21 SPEED LIMITS Boats and boating; speed causing harmful wake, 16-93 City parks and beaches; traffic and parking regulations Speed limit generally, 16-72 Construction areas, speed in, 14-2 STATE Defined, 1-2 STENCH BOMBS Stench bombs and other offensive matter, 15-11 STONES Throwing stones, 15-13 STORES Convenience store security Definition of convenience store, 15-97 Noncompliance, 15-100 Requirements, 15-98 Short title, 15-96 Training of employees, 15-99 STORMWATER SYSTEM Provisions enumerated, 26-300 et seq. Water and sewers. See that title. STREET SALES. See: Peddlers and Solicitors STREETS AND SIDEWALKS Alcoholic beverages; consumption in streets prohibited, 3-5 Alteration. See within this title: Construction, Repair or Alteration Block parties. See within this title: Picketing, Parades, Block Parties, Etc. Certain construction activities; sidewalks, when required, Pt. III, Art. I, § 5 2005 S-24 42 Boynton Beach Code STREETS AND SIDEWALKS—Cont’d Certain ordinances not affected by code, 1-8 Community design plan. See: Community Design Plan Construction, repair or alteration (Pt. III, Ch. 22, Art. II) Abandoned facilities, 4.9 Access to streets and alleys; permit required; improvements, 2 Application, permit fees, 3 Cash bond required for certain permits, 4.2 Default in performance, revocation, 4.7 Expiration; extension of time, 4.6 Inspection, approval, 5 Insurance required for certain permits, 4.1 Performance of additional work, 4.5 Permit issuance, 4 Restoration of street by city, 4.8 Rights of the city not affected by granting of permits, 4.3 Standards, permit required, 1 Surety, 6 Temporary permit, 8 Work to be commenced within thirty days, 4.4 Work within rights-of-way, 7 Depositing, storing, processing material in streets and roadways, Part III, Ch. 22, Art. I, § 9 Mailboxes on public rights-of-way, Part III, Ch. 22, Art. I, § 8 Minimum right-of-way width, Pt. III, Ch. 22, Art. I, § 2 Minimum width of new or rebuilt streets, Pt. III, Ch. 22, Art. I, § 3 Obstructing streets, prohibited, Pt. III, Ch. 22, Art. I, § 4 Numbers Mandatory street numbers of all buildings, 15-16 Permits required for work affecting trees and shrubs, Part III, Ch. 22, Art. I, § 6 Platting. See: Platting Removal of warnings prohibited, Part III, Ch. 22, Art. I, § 10 Repair. See within this title: Construction, Repair or Alteration Street and easement abandonment, Pt. III, Ch. 22, Art. IV Application fee, 3 Application/submission, 2 Processing of application, 4 Purposes, 1 Street openings, Pt. III, Ch. 22, Art. III Backfilling and restoring of openings, 5 Notice to adjoining property owners of proposed work, 2 Permit required; compliance with chapter, 1 Removal of debris, rubbish, etc., from work area; protection of persons and property, 3 Requirements for work in streets, etc., 4 Street designation system, Pt. III, Ch. 22, Art. I, § 1 Street naming system, Pt. III, Ch. 22, Art. I, § 1.1 Street numbering/addressing, Pt. III, Ch. 22, Art. I, § 1.3 Vanity street name changes, Pt. III, Ch. 22, Art. I, § 1.2 Vanity street numbering/addressing, Pt. III, Ch. 22, Art. I, § 1.4 Vehicles crossing curbs and parkways, Pt. III, Ch. 22, Art. I, § 7 2005 S-24 Code Index 42A SUBDIVISIONS Certain ordinances not affected by code, 1-8 Land development regulations. See: Land Development Regulations (Pt. III) Platting. See: Platting Required improvements. See: Required Improvements SWIMMERS City parks and beaches; swimmers to conform to regulations, 16-50 SWIMMING POOLS AND SPAS, Pt. III, Ch. 20, Art. IX SWITCHBLADE KNIVES Generally, 15-12 T TAXATION Casualty insurers, excise tax on, 23-2 Certain ordinance not effected by code, 1-8 Fire rescue assessment. See within this title: Fire Rescue Assessment Homestead exemption, additional, 23-54 Property insurers, excise tax on, 23-3 2005 S-24 42B Boynton Beach Code Code Index 43 TAXATION—Cont’d Public service tax Electricity and gas Churches, exemption for, 23-17 Collection, 23-20 Computation of tax, 23-19 Exemptions for governmental agencies, 23-18 Fuel adjustment charge excluded from, 23-15 Inspection, 23-21 Levied, 23-14 Records required, 23-21 Telecommunications services Amount of, 23-24 Audit, 23-28 Definitions, 23-23 Exemptions, 23-25 Remittance of to the city by seller, 23-27 Seller compensation, 23-26 Short title, 23-22 TAXICABS (See VEHICLES FOR HIRE) TECHNICAL REVIEW COMMITTEE (TRC), Pt. III, Ch. 3, Art. I, § 4 TELECOMMUNICATIONS Telecommunications tax, 23-22 et seq. Taxation. See that title TELECOMMUNICATIONS RIGHTS-OF-WAY. See: Communications Rights-of-Way TELECOMMUNICATION TOWERS AND ANTENNAS Antennas not located on telecommunications towers, Pt. III, Ch. 10, § 5 Applications of telecommunications towers and antennas, Pt. III, Ch. 10, § 7 Definitions, Pt. III, Ch. 10, § 2 Intent of telecommunication towers and antenna chapter, Pt. III, Ch. 10, § 1 Shared use of communication towers, Pt. III, Ch. 10, § 6 Telecommunications towers, Pt. III, Ch. 10, § 3 Tower replacement, Pt. III, Ch. 10, § 4 TELEVISION Community antenna television systems, 7-1 et seq. Community antenna television systems. See also that title Noise control, 15-8 et seq. Noise. See that title TERMITES Buildings; certificate of treatment, Pt. III, Ch. 20, Art. I, § 2 2004 S-22 44 Boynton Beach Code TIME Computation of time, 1-2 TOWING Businesses that tow vehicles, 13-21.3 TOXIC SUBSTANCES (See HAZARDOUS MATERIALS, HAZARDOUS WASTE AND TOXIC SUBSTANCES) TRAFFIC Abandoned vehicles; sale, redemption of Disposition of proceeds, 14-8 Certain ordinances not affected by code, 1-8 City parks and beaches; traffic and parking regulations, 16-69 et seq. Parks and recreation. See also that title Construction areas, speed in, 14-2 Crossings Trains blocking or obstructing, 14-7 Disabled parking spaces Violation, penalty, 14-9 Impoundment, supplemental provisions for Sale, redemption of abandoned vehicles; disposition of proceeds, 14-8 Noise control, 15-8 et seq. Noise. See that title Parking lots. See: Parking Lots Regulatory traffic control, 14-1 Signs not to constitute traffic hazard, Pt. III, Ch. 21, Art. III, § 1 Solicitation of rides or business, 14-4 Stopping, standing or parking Civil penalties, 14-11 Liability for payment of violations, 14-10 Prohibited in specified places, 14-5 Storage of a vehicle, 14-5 Traffic calming measures, 14-6 Trailers; parking interfering with traffic, 25-4 Trains Blocking or obstructing crossing, 14-7 Whistles and/or horns of Hours during which sounding prohibited Truck parking regulated, 14-3 TRAILERS Boats and boat trailers, 20-1 et seq. Recreational vehicles, boats and boat trailers. See also that title Construction trailers, exemption for, 25-7 2004 S-22 Code Index 45 TRAILERS—Cont’d Defined, 25-1 Limitation on number of trailers on parcel of land, 25-9 Parking on streets, 25-2 Placing on roof or high place, 25-8 Private property, parking on, 25-6 Towing vehicle, manner of attachment to, 25-5 Traffic, parking interfering with, 25-4 Vehicle to be attached when parked on street, 25-3 TRAINS. See: Railroads and Trains TRASH. See: Garbage and Trash TREES. See also Vegetation Central business district landscape code. See: Landscape Code City parks and beaches Climbing trees, 16-48 Shrubs and trees, 16-24 Environmentally sensitive lands, Pt. III, Ch. 7.5, Art. IV Environmental regulation. See that title Landscape code. See: Landscape Code Tree preservation (Pt. III, Ch. 7.5, Art. I) Alternate site plan information, 8 Application for permit, 6 Application of article provisions, 4 Application processing and review, 10 Definitions, 3 Designation of specimen trees, 21 Disposal of diseased trees, 20 Exceptions due to emergencies, 16 Exemptions for betterment plans, 18 Exemptions for public utilities, 18.1 Exemptions to nurseries, tree farms, 17 Hazardous trees exempt from written permit requirement, 15.1 Issuance of permits, 11 Natural growth to be preserved, 22 Natural vegetative cover on beach dunes, 23 Penalty, 27 Permit required, 5 Pre-application inspection service, 9 Preservation of mangrove areas, 23.1 Procedures of city inspector to be followed, 24 Public lands, 25 Purposes, 2 2004 S-22 46 Boynton Beach Code TREES—Cont’d Tree preservation (Pt. III, Ch. 7.5, Art. I)—Cont’d Removal of certain trees; conditions; restoration of area; penalty for violation, 19 Short title, 1 Site plan information, 7 Special conditions for issuance of permits for relocation or replacement, 13 Special conditions for issuance of permits for removal, 12 Tree protection, 15 Tree removal or relocation permit fee, 14 TRUCKS Truck parking regulated, 14-3 U UNLOADING. See: Loading and Unloading UTILITIES City parks and beaches Permit required to erect structure or run utility, 16-23 Water and sewers, 26-10 et seq. Water and sewers. See also that title UTILITIES DEPARTMENT Director of utilities Administrator of department, 2-3 Divisions, 2-3 Established, 2-3 V VANDALISM Graffiti, 15-18 VEGETATION. See also: Trees Central business district landscape code. See: Central Business District Landscape Code City parks and beaches Climbing trees, 16-48 Shrubs and trees, 16-24 Community design plan. See: Community Design Plan Diseased plants Abatement by city Assessment and lien, 15-64 Council may waive provisions of article, 15-65 Declared nuisance, 15-61 2004 S-22 Code Index 47 VEGETATION—Cont’d Diseased plants—Cont’d Definitions, 15-60 Procedure, 15-62 Refusing to permit entry, 15-63 Environmentally sensitive lands, Pt. III, Ch. 7.5, Art. IV Environmental regulation. See that title Landscape code. See: Landscape Code Tree preservation. See: Trees VEHICLES. See: Motor Vehicles VEHICLES FOR HIRE Advertising, 24-3 Business tax receipt, 24-5 Compliance, 24-2 Definitions, 24-1 Drivers Chauffeurs license required, 24-9 Prohibited conduct, 24-4 Liability insurance required, 24-7 License fees prerequisite to continuance of operation, 24-8 Manifests required, 24-12 Number of passengers, 24-13 Receipts, duty to give, 24-10 Refusal of passenger to pay; intent to defraud, 24-11 Vehicle safety and operational requirements, 24-6 VETERANS ADVISORY COMMISSION Board appointment and membership, 2-188 Creation of Commission, 2-185 Meetings, 2-189 Organization, 2-187 Powers, 2-191 Procedure for enactment and voting, 2-190 Purpose and duties, 2-186 VICE-MAYOR. See: Mayor W WALLS. See: Fences, Wall, Hedges and Other Enclosures WATER AND SEWERS Additions. See: Extensions, Replacements and Additions 2007 S-28 48 Boynton Beach Code WATER AND SEWERS—Cont’d Cross-connection control and backflow prevention Backflow prevention devices; when required; specifications, 26-207 Definitions, 26-206 Fees, 26-209 Permits, 26-209 Short title, 26-205 Utilities department to administer, 26-208 Violations and penalties Notice of violations; failure to remedy, 26-210 Penalties, 26-211 Environmentally sensitive lands, Pt. III, Ch. 7.5, Art. IV Environmental regulation. See that title Extensions, replacements and additions Approval of plans by state, 26-12 Building permit for development Approval of utility service provision prerequisite to, 26-15 Certification that bills paid Prerequisite to approval by city, 26-14 Definitions, 26-10 Development permit Prerequisites to approval, 26-16 Expansion of water and sewer systems Additional charge, 26-35 Approval, 26-29 Capital facilities charges and connection charges, 26-34 Construction standards, 26-33 Design standards, 26-32 Feasibility study, 26-28 Financing, 26-31 Proposal, 26-29 Responsibility for design, 26-30 Scope, 26-27 Plans and specifications to be approved by city officers, 26-11 Supervision when work not done by city Deposit required, 26-13 Industrial and commercial waste Admission of industrial and commercial waste, 26-147 Application, 26-114 Barricades and lights around sewer excavations, 26-139 Building sewer specifications, 26-135 Certain waste, discharge restricted, 26-143 Compliance with provisions or more stringent regulations, 26-116 Compliance with state department of environmental regulation and other current regulations, 26-128 Connecting building sewer to private sewage disposal system, 26-125 Connecting private sewage disposal system to public sewer, 26-129 2006 S-25 Code Index 49 WATER AND SEWERS—Cont’d Industrial and commercial waste—Cont’d Costs and expense of installation and connection of building sewer; indemnification, 26-132 County to inspect installations, 26-127 Damaging or tampering with sewage works, 26-124 Definitions, 26-115 Depositing objectionable wastes on public and private property, 26-119 Disposal of sewage other than through regional facilities, 26-117 Gravity flow of building drain to public sewers, 26-136 Inspection of connection to public sewer, 26-138 Interceptors, 26-145 Maintaining flow-equalizing facilities and/or interceptors for preliminary pretreatment, 26-146 Maintenance of private sewage disposal facilities, 26-130 National categorical pretreatment standards Application of more stringent requirements; city shall notify effective users, 26-149 City’s right of revision, 26-150 Compliance, 26-148 Excessive discharge, 26-151 Notice to employees in event of dangerous discharge; emergency notification procedure, 26-154 Notification of the discharge of hazardous waste, 26-155 Prevention of accidental discharges, 26-152 Written report required describing cause of discharge, 26-153 Natural outlets, discharging into, 26-120 Noncompliance, right to refuse waste upon, 26-118 Old building sewers, use with new buildings, 26-134 Permits Waste discharge permits. See within this subtitle that subject Policy and scope, 26-113 Pretreatment, equalization of waste flow, 26-144 Privies, septic tanks and other facilities, 26-121 Prohibited discharges to sewers, 26-142 Purpose, 26-112 Remedies. See within this subtitle: Violations; Remedies Reporting, inspections and monitoring Compliance date report, 26-156 Information and data to be made available, 26-159 Inspection and sampling, 26-158 Periodic compliance report, 26-157 Separate building sewer provided for every building, 26-133 Storm sewer system, discharge prohibited in, 26-123 Stormwater and other unpolluted drainage, discharge of, 26-141 Suitable toilet facilities, 26-122 Surface runoff or groundwater, 26-137 2006 S-25 50 Boynton Beach Code WATER AND SEWERS—Cont’d Industrial and commercial waste—Cont’d User charge and industrial cost recovery system Application of surcharge over standard and use fee, 26-163 Industrial cost recovery system, 26-164 Notice of violation; liability for expense, loss or damage, 26-166 Publication of users and significant noncompliance, 26-170 Responsibility for treatment and disposal, 26-167 Review and amendment on annual basis, 26-165 Right to enter premises and obtain information concerning discharges, 26-168 Suspension of wastewater treatment service Notice to stop; discharge; failure to comply, 26-169 User charges; wholesale sewer rates; calculation of sewer surcharge, 26-162 Violations; remedies Enforcement plan, 26-175 False statements of prohibited, 26-171 Legal action against use for appropriate relief, 26-173 Penalties, 26-176 Remedies, 26-176 Retention of records required, 26-174 Show cause hearing, 26-172 Waste discharge permits Application for, 26-161 Special permit required; term, 26-160 Wastes discharged into sanitary sewers to meet criteria, 26-140 Work to be done by qualified licensee, 26-126 Written permit required for use of public sewer Application; fee, 26-131 Rates and charges re water and wastewater, 26-9 Replacement. See: Extensions, Replacements and Additions Sewers Connection, deposit and service charges, 26-8 Connections required, 26-57 Figure defined, 26-56 Free service prohibited, 26-60 Industrial and commercial waste. See within this title that subject Industrial sewage Additional charge for and treatment of, 26-59 Service charges, collection of, 26-61 Trespass on property of system, 26-62 Stormwater system Definitions, 26-301 Enforcement Continuing violations, 26-305(b) Enforcement actions, 26-305(c) Injunctive relief, 26-305(a) 2006 S-25 Code Index 51 WATER AND SEWERS—Cont’d Stormwater system—Cont’d Illicit discharges Administrative order, 26-303(e) Authorized exceptions, 26-303(c) General prohibitions, 26-303(a) Illicit connections, 26-303(d) Specific prohibitions, 26-303(b) Industrial activity Administrative orders, 26-302(c) General prohibitions, 26-302(a) NPDES permits, 26-302(d) Specific prohibitions, 26-302(b) Inspections and monitoring Authority for inspections, 26-306(a) Authority for monitoring and sampling, 26-306(b) Requirements for monitoring, 26-306(c) Purpose and intent, 26-300 Spills and dumping Administrative order, 26-304(d) General prohibitions, 26-304(a) Notification of spills, 26-304(c) Specific prohibitions, 26-304(b) Stormwater utility fees Adjustment of fees, 26-405 Billing and payment; penalties, 26-404 Capital contributions, 26-406 Definitions, 26-401 Program administration, 26-407 Purpose and intent, 26-400 Schedule of rates, 26-403 Stormwater management utility fee, 26-402 Stormwater utility enterprise fund, 26-408 Water and sewer deposits Accounts, credits, termination and re-connection, 26-8.1 Water connection, deposit and service charges, 26-8 Water shortage plan Applicability of provisions, 26-40 Declaration of water shortage or water shortage emergency, 26-42 Definitions, 26-39 Enforcement of provisions, 26-43 Incorporation of plan and amendments thereto into City Code, 26-41 Intent and purpose of provisions, 26-38 Violations; penalties, 26-44 Water users required to accept regulations as condition of obtaining water service, 26-45 WEAPONS. See: Firearms and Weapons 2006 S-25 52 Boynton Beach Code WINE. See: Alcoholic Beverages WIRES. See: Poles and Wires WORKFORCE HOUSING PROGRAM (Pt. II, Ch. 20, Art. X) Applicability, 3 Definitions, 2 Findings, 1 For sale housing units, 7 Monitoring and compliance, 9 Off-site options, 5 Provision of workforce housing units, 4 Rental housing units, 6 Resale requirements, 8 WRECKED VEHICLES. See: Abandoned Property Z ZONING (Miscellaneous) Certain ordinances not affected by code, 1-8 Coastal building zone and code, Pt. III, Ch. 20, Art. I, § 6 Land development regulations. See: Land Development Regulations (Pt. III) Planning and development board, Pt. III, Ch. 1.5, Art. I, § 1 Planning and development. See also that title Sign regulations re various zoning districts, Pt. III, Ch. 21, Art. IV Signs. See that title ZONING (Pt. III, Ch. 2) Administration and enforcement, 9 Bed and breakfast, 16 Bulkhead line; permit required for land filling, 14 Commercial district regulations and use provisions, 6 Conditional uses, 11.2 Conflict of interest, 15 Definitions of terms, 1 Existing bulkhead line ratified and confirmed, 13 General provisions, 4 Interpretation and purpose, 12 M-1 industrial district regulations and use provisions, 8 Nonconforming uses and structures, 11.1 Overlay zones, 8.5 Planned industrial development district, 7 Regulations and map, 3 Residential district regulations and use provisions, 5 Scope and authority of the zoning regulations, 2 Sidewalk café, 17 Supplemental regulations, 11 Urban central business district, 18 2007 S-28