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BoyntonIND CODE INDEX A ABANDONED PROPERTY Abatement Bid procedure, 1053 Definitions, 1050 Newsracks empty thirty continuous days, 1587 Nuisance Abandoned or lost property on public property, procedure, 1051 Abandoned personal and real property, 1051.5 Storing, parking or leaving on private property declared, 1052 ABANDONING OF DOMESTIC ANIMALS Generally, 42 ADVERTISING Advertising matter Unauthorized posting, 152 Circulars, throwaways and handbills Distribution, 153 Vehicles for hire; advertising in or on vehicles, 243 ADULT ENTERTAINMENT ESTABLISHMENTS Defined, 1360 Operation of, 1359 AGENCIES. See: Departments and Other Agencies of City AGREEMENTS. See: Contracts and Agreements AGRICULTURAL STRUCTURES Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3Y AIRPORTS AND AIRCRAFT Aircraft and helicopter landings, 1570 Spot landing approvals; regulations, 1571 ALARM SYSTEMS Alarm business responsibility, 2.520 Audible alarms, 2.515 Damage to property, 2.521 Decal required, 2.57 Definitions, 2.52 Duties of person notified, 2.59 Enforcement through Code Compliance Board, 2.516 Failure to notify, 2.519 2011 S-37 1 2 Boynton Beach Code ALARM SYSTEMS(Cont(d False alarms Departmental review of contested fees, 2.518 Excessive false alarms declared a public nuisance, 2.512 Prohibited; exceptions, 2.511 Response service fees; collection, 2.513 Fines; failure to pay, 2.517 Interference with city telephone trunk lines prohibited, 2.514 Operation and installation of alarm system, 2.510 Operations permit, 2.522 Permits, operating Applications for, 2.54 Fee, 2.55 Issuance of, 2.56 Nontransferable, 2.56 Required, 2.53 Term of, 2.55 Property owner, duties of, 2.58 Service charges; failure to pay, 2.517 Short title, 2.51 ALCOHOLIC BEVERAGES Beer, proximity of sales to other establishments, 36 City parks and beaches; alcoholic beverages permitted only at designated places, 1638 Definitions, 31 Hours for sale, 34 Nudity or partial nudity, prohibition of, 36 Possession prohibited, 35 Sexual conduct, prohibition of, 36 Streets, consumption thereon prohibited, 3.5 AMUSEMENT RIDES Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3AA.1 ANIMAL ENCLOSURES Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3AA.4 ANIMALS AND FOWL Abandonment, 44 Adoption of regulations, 425 Agents for protection of animals, 428 Animal control centers; personnel, 425 Animal waste, 414 Animals injuring, killing other animals, 417 Application of Palm Beach County Code of Ordinances and Chapter 828, Florida Statutes, 430 Bird sanctuary declared, 46 Bitches in heat, 434 2012 S-40 Code Index 2A ANIMALS AND FOWL(Cont'd Charges, 422 County registration, license required, 436 Cruelty generally, 42 Damaging property, 433 Dead animals Action required, 412 Cost, 410 Injuring animals, 412 Removal of dead animals from private property, 411 Removal of dead animals from public streets and squares, 410 Definitions, 41 Disposition of animals impounded for the third time, 423 Dogs in outdoor portions of public food service establishments, Pt. III, Ch. 3, Art. V, ( 14 2012 S-40 2B Boynton Beach Code Code Index 3 ANIMALS AND FOWL(Cont(d Enforcement, 427, 438 Environmental protection standards. See that title. Impounding authorized, 419 Impounding authorized; redemption, 420 Impounding fees, 422 Indecent exhibitions, 49 Keeping livestock, poultry, exotic and wild animals in city, 418 Kennel, stable, grooming parlors and pet shops, 429 Leash law and presumptions, 432 Livestock, poultry, exotic and wild animals running at large prohibited, 419 Maintaining place for fighting, 48 Manner of keeping and treating animals generally, 44 Molesting, shooting, and catching birds unlawful, 46 Notice of impounding of licensed dogs and cats, 421 Notice to appear, 438 Nuisance, 413 Poisoning, 43 Presence in city owned park or recreation areas prohibited, 433 Procedure when dog bites a person, 416 Rabies vaccinations, 437 Records, 426 Release or interference with impounded animals, 424 Restraint of guard dogs, 435 Running at large prohibited, 431 Teasing and molesting animals, 45 Unlawful to keep stray animal, 47 Vicious animals, 415 Violations, 438 ANTENNA Community antenna television systems, 71 et seq. Community antenna television system. See also that title. APPEALS (Pt. III, Ch. 1) Administrative official, Art. VIII, ( 1 Building Board of Adjustment and Appeals, Art. VIII, ( 2 City Commission, Art. VIII, ( 3 Withdrawal or denial of appeal, Art. VIII, ( 4 APPROPRIATIONS Certain ordinances not affected by code, 18 ARBORS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3F 2012 S-40 4 Boynton Beach Code ART, MISCELLANEOUS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3L ART IN PUBLIC PLACES PROGRAM Art and artist selection criteria, 2164 Arts Commission, 2161 Powers and duties of committee, 2162 Definitions, 2160 Establishment of public art fee, 2163 Guidelines, 2167 Location plan, 2168 Ownership of artwork, 2166 Public Art Fund, 2165 Short title; intent, 2159 ARTS COMMISSION Creation, 2154 Meeting, 2157 Organization, 2156 Powers, 2158 Purpose and duties, 2155 ASSOCIATIONS Person defined to include, 12 ATTORNEY. See: City Attorney AUTOMOBILES. See: Motor Vehicles AVIATION. See: Airports and Aircraft B BALLOTS Generally, 242 BARBECUE PITS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3H BEACHES City parks and beaches, 1618 et seq. Parks and recreation. See also that title. BEER Proximity of sales to other establishments, 36 BEVERAGES. See: Alcoholic Beverages 2011 S-36 Code Index 5 BICYCLES City parks and beaches; traffic and parking regulations; bicycles, 1678 et seq. Parks and recreation. See also that title. BIRDS Generally, 46 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, 1661 Parks and recreation; boats and boating, 1693 et seq. Parks and recreation. See also that title. Recreational vehicles, boats and boat trailers, 201 et seq. Recreational vehicles, boats and boat trailers. See also that title. BODIES POLITIC Persons defined to include, 12 BONDS Certain ordinances not affected by code, 18 City manager; bond, 227 Community antenna television systems; faithful performance bond, 729 BOUNCE HOUSES, 1628 BOYNTON CANAL Use of portion of; abutting property, prohibited, 167 BUDGET Certain ordinances not affected by code, 18 BUILDINGS Abatement of drug related public nuisances, 1055 et seq. Abatement of drug related public nuisances. See that title Appurtenances, supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3A Community design plan. See that title. Construction Noise control, 158 et seq. Noise. See that title Electricity. See that title Excavations. See that title Flood damage prevention. See: Building, Construction, and Historic Preservation Requirements Gas. See that title Housing. See that title Land development regulations. See: Land Development Regulations (Pt. III) Landscape design and buffering standards. See that title 2011 S-36 6 Boynton Beach Code BUILDINGS(Cont'd Numbers Mandatory street numbers on all buildings, 1516 Parking lots. See that title BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS (Pt. III, Ch. 4, Art. IX) Administration, 1B Applicability, 1C Certificate of occupancy or completion, 3 City approval required, 2 City rightsofway, 2B Private property and public lands, 2A Coastal building zone requirements, 5 Conflict, 1E Enforcement, 7 Flood prevention requirements. See: Flood Prevention Requirements Florida Building Code requirements, 4 Administration, 4A City amendments, 4B Historic preservation requirements, 6 Certificate of appropriateness, 6C Designation of historic properties and districts, 6B General, 6A Historic preservation property tax exemption program, 6D Standards for archaeological work; discovery of archaeological site, 6E Penalties, 7 Purpose and intent, 1A Relief from requirements, 1F Terms and definitions, 1D BULKHEADS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3O BURGLAR ALARM SYSTEMS Alarm systems generally, 2.51 et seq. C CABLE SYSTEMS AND OPEN VIDEO SYSTEMS Franchising and Licensing of Cable and Open Video Service Providers General Provisions Definitions, 56 Compensation required, 58 Enforcement and remedies, 511 2013 S-41 Code Index 7 CABLE SYSTEMS AND OPEN VIDEO SYSTEMS(Cont'd Franchising and Licensing of Cable and Open Video Service Providers(Cont'd General Provisions(Cont'd Franchise required, 57 General conditions upon use of right-of-way, 59 Protection of the city and residents, 510 Special rules for government entities, 513 Transitional provisions, 512 Special Rules Applicable to Cable Television Systems Application for grant, renewal or modification of franchise, 524 Connections to cable system; use of antennae, 530 Construction provisions, 525 Definitions, 521 Franchise fee, 528 No exclusivity, 522 Operation and reporting provisions, 526 Rate regulation and consumer protection, 527 Relation to 47 USC 545(546, 523 Transfers, 529 Special Rules Applicable to Open Video Systems and Open Video System Operators Application for a franchise, 516 Regulation of Rates for Basic Service and Equipment Scope and applicability, 51 CAMPING City parks and beaches; camping, 1657 CANVASSERS Solicitors and canvassers, 1713 et seq. Peddlers and solicitors. See also that title CAPITAL IMPROVEMENTS FUND Composition, 213 Established, 213 CEMETERIES Applicability, 62 Board of governors created Avenues, drives and walks Jurisdiction over, 610 Clerk, 66 Composition, 64 General appearance regulated, 69 General powers, 65 General regulatory authority, 68 Quorum, 64 Records, 67 2011 S-36 8 Boynton Beach Code CEMETERIES(Cont'd Board of governors created(Cont'd Reports, 67 Terms, 64 Brickwork; regulations governing, 614 Cemetery fund established, 63 Investment, 63 Use, 63 Conveyances and burials Prohibited until settlement of debts due city, 613 Cornerstones; regulations governing, 614 Deeds, issuance of, 612 Described, 61 Disinterments, 619 Excavations to be by city at owner(s expense, 615 (For sale( signs prohibited, 617 Grading; regulations governing, 614 Headstones and vaults Removal of earth or rubbish, 616 Lot enclosures; regulations governing, 614 Lot sales, prices, fees Council to provide for, 611 Spacing; regulations governing, 614 Transfer of lots, 618 CHARITABLE SOLICITATIONS Generally, 1734 et seq. Peddlers and solicitors. See also that title CHECKS Overdraft service fee, 218 CHILDREN AND YOUTH ADVISORY BOARD. See: Minors CHURCHES Charitable solicitations; churches exempted, 1736 Public service tax; exemption for churches, 2317 CITY Defined, 12 CITY COMMISSION City Council renamed City Commission, 21.1 City Manager, attendance at meetings, 229 Community antenna television systems; franchises Commission may grant, 721 Defined, 12 2011 S-36 Code Index 9 CITY COMMISSION(Cont'd Local planning agency, designation as, Pt. III, Ch. 1, Art. VII, ( 5A Mayor. See that title Meetings Maintaining order, decorum thereat, 211 Minimum qualifications for appointment, membership, 216 Quasijudicial proceedings before Commissioner Board; procedure for reconsideration, 220 CITY ENGINEER Engineering Department. See also that title Administrator, 24 CITY FACILITIES, POLICY FOR NAMING, 222 CITY MANAGER Appointment, 225 Bond, 227 Commission meetings, attendance at, 229 Community antenna television systems; installation and maintenance City Manager(s action upon grantee(s failure to perform street work, 747 Compensation, 226 Disability, 231 Powers and duties, 230 Qualifications, 225 Removal, 228 Temporary absence, 231 CITY SEAL, 111 CIVIL EMERGENCIES Definitions, 1544 Emergency measures Filing, publication of, 1546 Employee compensation Authority and duration of emergency pay policy coverage, 2173 Designation of employees for purposes of establishing pay and compensation, 2174 Duty to work, 2175 Employee compensation, 2176 Handling of leave requests during a declared emergency, 2179 Holiday pay, 2180 Local state of emergency, 2172 Purpose, 2171 Record keeping, 2178 Standby and call back pay, 2177 Suspension of other compensation rules, 2181 Extension, 1548 Termination, 1548 2014 S-43 10 Boynton Beach Code CIVIL EMERGENCIES(Cont'd Violations, 1549 When proclamation effective, 1547 CIVIL RIGHTS Civil Rights Act, adoption of, 112 Domestic Partnership Act, 224.1 Non-discrimination policy, 224 CLUBS Persons defined to include, 12 CODE COMPLIANCE BOARD AND SPECIAL MAGISTRATE Appeal, 280 Appointment, 274 Alternative system, 282 Conduct of hearing, 277 Creation, 274 Definitions, 273 Enforcement Generally, 283 Procedure, 276 Establishment of Magistrate, 274 Fines, 279 Intent, 272 Liens Duration, 279.5 Generally, 279 Lien modification hearing Conduct, 289 Final orders issued, 290 Reduction procedure, 294 Application, 286 Fee, 287 Criteria, 285 Procedure, 288 Newsracks; city removal of, 1588 Nuisance Abatement Board, consolidation with, 292 Organization, 274 Powers of Board and Special Magistrates, 278 Provisions under jurisdiction, 275 Service of notices, 281 Violations and penalties, 283, 291 CODE OF ETHICS, 223 2015 S-45 Code Index 11 CODE OF ORDINANCES* Catchlines of sections, 13 Certain ordinances not affected by code, 18 Cited, 11 City, laws and codification, 19 Code Compliance Board, 272 et seq. Code Compliance Board. See also that title Cost assessed for law enforcement education, 17 Designated, 11 General penalties Continuing violations; adjudging fines and imprisonments, 16 Reciprocity implied, 110 Repeal of ordinances, effect of, 14 Rules of construction, 12 Severability of parts of Code, 15 *NoteThe 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. COINOPERATED MACHINES OR DEVICES Licensing provisions, 1321 COMMERCIAL ESTABLISHMENTS Afterhours operation, 1517 COMMISSION. See: City Commission COMMISSIONS. See: Departments and Other Agencies of City COMMUNICATIONS RIGHTS-OF-WAY Abandonment of a communications facility, 25.117 Conditional use of public rights-of-way, 25.19 Construction bond, 25.114 Definitions, 25.13 Enforcement remedies, 25.116 Existing communications facilities in public rights-of-way, 25.111 Force majeure, 25.118 Indemnification, 25.113 Insurance, 25.112 Intent and purpose, 25.12 Involuntary termination of registration, 25.110 Permits Suspension, 25.17 Appeals, 25.18 Placement or maintenance of a communications facility in public rights-of-way, 25.16 Registration for placing or maintaining communications facilities in public rights-of-way, 25.14 Reports and records, 25.119 2015 S-45 12 Boynton Beach Code COMMUNICATIONS RIGHTS-OF-WAY(Cont'd Reservation of rights and remedies, 25.120 Security fund, 25.115 Title, 25.11 Transfer, sale or assignment of assets in public rights-of-way, 25.15 COMMUNITY ANTENNA TELEVISION SYSTEMS City Manager Filings to be with, 75 Commission to perform duties in absence of City Manager, 79 Definitions, 71 Duty to provide service, 78 Franchise required Unlawful acts and practices, 73 Franchises Acceptance, 722 Application; commission action Condition included in franchise, 728 Commission may grant, 721 Compensation during (hold over(, 724 Effective date, 722 Faithful performance bond, 729 Fee, 724 Franchise limitations, 726 Franchise renewal, 731 Inspection of records, 724 Insurance policies required for indemnification of city, 730 Payment by grantee, 724 Reports, 724 Rights granted under franchise, 725 Rights reserved to the city, 727 Term Grounds for termination prior to expiration of term, 723 Abandonment of property of grantee, 745 City Manager(s action upon grantee(s failure Performance of street work, 747 Grantee(s property and records Inspection by city, 749 Installation, 742 Location of property of grantee, 744 Operational standards, 743 Permits, 742 Public improvements, changes required by, 746 Removal and abandonment of property of grantee, 745 Service, 742 Utility poles, agreement for joint use Filed with City Manager, 748 2015 S-45 Code Index 13 COMMUNITY ANTENNA TELEVISION SYSTEMS(Cont'd Licensee When term to be used, 72 Office in city required, 77 Publication expenses, payment of, 76 Rates, deregulation of, 710 Violations, 74 COMMUNITY APPEARANCE AND MAINTENANCE Definitions, 15119 Minimum standards for appearance and maintenance of public and private property, 15120 Purpose, 15118 COMMUNITY REDEVELOPMENT AGENCY City Commission as governing body, 213.2 Community redevelopment area, 213.5 Consolidation of previous agencies; survival of actions, 213.4 Powers and duties generally, 213.3 Powers delegated to agency, 213.1 Redevelopment trust fund, 213.1 COMPREHENSIVE PLAN, LAND DEVELOPMENT REGULATIONS RELATIONSHIP TO (Pt. III, Ch. 1, Art. III) Authority, 1 Contents, 2 Future land use map (FLUM), 5 Preemption, 4 Purpose and intent, 3 COMPOST BIN OR TUMBLER Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3U CONSTRUCTION. See also: Building, Construction, and Historic Preservation Requirements Exemption for trailers, 257 Noise control, 158 et seq. Noise. See that title CONSULTANTS. See: Purchasing and Consultants CONTRACTORS Licensing provisions, 1319 CONTRACTS AND AGREEMENTS Certain ordinances not affected by code, 18 2015 S-45 14 Boynton Beach Code CONVENIENCE STORES Security regulations re, 1569 et seq. Stores. See that title. COPARTNERSHIPS Persons defined to include, 12 CORPORATIONS Persons defined to include, 12 COUNTY Defined, 12 D DECKS, UNENCLOSED AND UNCOVERED Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3B DEPARTMENTS AND OTHER AGENCIES OF CITY Agencies, defined, 12 Boards, commissions, etc., generally Appointment of alternate members, 217 Minimum qualifications for membership, 216 Cemeteries; board of governors, 64 et seq. Cemeteries. See that title. Children and Youth Advisory Board and Education Advisory Board, consolidation of; survival of actions, 2123 City commission. See that title. Code compliance board, 272 et seq. Code compliance board. See that title. Community redevelopment agency, 213.1 et seq. Community redevelopment agency. See that title. Consultants; commissions, boards, etc. Independent of city council to follow article, 261 Education advisory board, 2126 et seq. Schools. See that title. Education and youth advisory board, 2116 et seq. Minors. See that title. Employees( pension plan; administration of the plan Board, 18136 et seq. Employees( pension plan. See that title. Engineering department, 24 Fire department. See that title Fire prevention bureau, 929 et seq. Fire prevention bureau. See that title. 2015 S-45 Code Index 15 DEPARTMENTS AND OTHER AGENCIES OF CITY(Cont'd Historic resources preservation board, Pt. III, Ch. 1, Art. VII, ( 4 Library board, 121 et seq. Libraries. See that title. Minimum qualifications for appointments to city boards and commissions, membership, 216 Nuisance abatement board, 15113 et seq. Nuisances. See that title. Parks and recreation; board, 161 et seq. Parks and recreation. See that title. Planning and development board, Pt. III, Ch 1, Art. VII, ( 3 Planning and development. See that title. Police department. See that title. Public works department. See that title. Senior advisory board, 2141 et seq. Senior advisory board. See that title. SMBE Program Advisory Board, 2215 Special Magistrate, 272 et seq. Utilities department, 23 Veterans advisory commission, 2185 et seq. DEVELOPMENT See: Land Development Regulations DEVELOPMENT ORDERS (Pt. III, Ch. 2, Art. I, ( 5) DEVELOPMENT REVIEWS (Pt. III) City Commission reviews, Ch. 1, Art. VII, ( 5 Expedited development review program, Ch. 2, Art. I, ( 4 Planning and development board review, Ch. 1, Art. VII, ( 3G DISABLED PERSONS See: Handicapped Persons DISCRIMINATION See: Civil Rights DISEASED PLANTS, TREES. See also: Trees Diseased plants; generally, 1560 et seq. Vegetation. See also that title. DISORDERLY CONDUCT City parks and beaches; disorderly conduct generally, 1646 DISTRIBUTORS Newsrack regulations, 1580 et seq. DISTRICTS, ZONING (Pt. III, Ch. 3, Art. III) See also: Zoning Commercial districts C1 office and professional, 3A C2 neighborhood, 3B 2015 S-45 16 Boynton Beach Code DISTRICTS, ZONING (Pt. III, Ch. 3, Art. III)(Cont'd Commercial districts(Cont'd C3 community, 3C C4 general, 3D CBD central business, 3E PCD planned commercial development, 3F Industrial districts M1 industrial, 6A PUD planned industrial development, 6B Mixed use (urban) districts, 5 Overlay zones. See that title PU public usage, 7B REC recreation, 7A Residential districts IPUD infill planned unit development, 2G MHPD mobile home planned development, 2I PUD planned unit development, 2H R1 single-family, 2D R1A single-family, 2C R1AA single-family, 2B R1AAB single-family, 2A R2 single and two-family, 2E R3 multi-family, 2F SMU mixed use suburban district, 4 DISTURBING THE PEACE Dogs; disturbing the peace, 413 DOCKS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3O DOGS See: Animals and fowl DOGS IN OUTDOOR PORTIONS OF PUBLIC FOOD SERVICE ESTABLISHMENTS (Pt. III, Ch. 3, Art. V, ( 14) City approval required, 14B General, 14A Standards, 14C DOMESTIC PARTNERSHIP ACT, 224.1 DONATION BINS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3AA.2 DROUGHT Water shortage plans, 2638 et seq. Water and sewers. See that title 2015 S-45 Code Index 17 DRUGS AND MEDICINES Nuisance abatement, 15113 et seq. Nuisances. See that title Officers and employees; drug free workplace, 219 E EARLY RETIREMENT INCENTIVE PROGRAM Benefit provided, 18225 Creation of Early Retirement Incentive Program, 18223 Deadline for participation, 18227 Eligibility, 18223 Execution of agreements, 18229 Filing with Division of Management, 18228 Ratification of forms, 18230 Requirement for agreement for participation, 18224 Statement of actuarial impact, 18226 ECONOMIC DEVELOPMENT Economic development generally, 81 Economic development in Planned Industrial Development District, 82 EDUCATION ADVISORY BOARD. See: SCHOOLS ELDERLY PERSONS Senior advisory board, 2141 et seq. Senior advisory board. See that title ELECTIONS Absentee voting permitted, 243 Early voting, 247 False statements or affidavits, 245 Filing fees, 242 Official ballot, 242 Polling places, designation of, 244 Vacancy in candidacy, 246 Voting districts, 241 ELECTRICITY Electricity and gas service tax, 2314 et seq. Taxation. See that title EMERGENCIES Civil emergencies, 1544 et seq. Civil emergencies. See also that title Water shortage emergencies, 2638 et seq. Water shortage plan. See: Water and Sewers 2015 S-45 18 Boynton Beach Code EMERGENCY MEDICAL SERVICES TRANSPORTATION FEES AND CHARGES. See also: Fire Rescue Assessment Definitions, 2355 Emergency medical services transportation fees and charges Amounts, 2356 Collection, 23-57 EMPLOYEES( PENSION PLAN Administration of the plan Actuarial review and services, 18147 Ad hoc supplemental benefit, 18184.2 Administrative regulations authorized Distribution, 18138 Adoption of tables, 18148 Agents, 18140 Annual reports by trustee or insurance company, 18146 Application for benefits; procedures, 18141 Benefits. See within this title: Retirement and Retirement Benefits Board Compensation, 18136 Interpretation of plan, 18139 Meetings, 18137 Preservation of records Notices to trustees, 18144 Quorum, 18137 Secretary designated, 18142 Vote required, 18137 Board of Trustees, 18135 City contribution irrecoverable, 1861 Compensation, limitation on, 1864 Contributions and funding Accumulated employee contributions, return of, 1896 City to bear costs in excess of contributions and gifts, 1898 City(s contribution, 1899 Deduct contributions from pay, 1895 Employee contributions required, 1894 Financial management, 18100 Gifts to fund, 1897 Pension fund designated, 1893 Contributions, discontinuance of, 1859 Definitions, 1855 Disability retirement benefits, 18126 Delayed payments, interest on, 18150 Duties of the secretary, 18143 Application for benefits, consideration of, 18143.1 2015 S-45 Code Index 18A EMPLOYEES( PENSION PLAN(Cont'd Early retirement incentive program Benefit provided, 18225 Creation of Early Retirement Incentive Program, 18223 Deadline for participation, 18227 Eligibility, 18223 Execution of agreements, 18229 Filing with Division of Management, 18228 Ratification of forms, 18230 Requirement for agreement for participation, 18224 Statement of actuarial impact, 18226 Elective benefits, 18128 Employees, 18140 Establishment of system, 1856 (Filing( defined, 18153 Forfeiture of retirement benefits, 18155 2015 S-45 18B Boynton Beach Code Code Index 19 EMPLOYEES( PENSION PLAN(Cont'd Fraud and deceit prohibited Penalty, 1862 Funding. See within this title: Contributions and Funding Future changes in the operation of plan, 1857 Insurance company, annual reports by, 18146 Investment of funds Investment authority, 18181.1 Investment policy for General Employees( Pension Fund, 18145 Members and beneficiaries, responsibilities of, 18149 Personal liability, 18151 Powers and duties not exclusive, 18141 Small annuities Lump sum payments, 18152 Trustee, annual reports by, 18146 Investment policies General Employees( Pension Fund, 18145 Pension and retirement fund Generally, 18221 Membership and service Creditable service, 1877 Leaves of absence, 1880 Membership, termination of, 1879 Military and related service, 1881 New members, 1875 Original members, 1874 Reemployment, 1882 Service before effective date of plan, 1878 Power to amend or terminate, 1858 Qualified pension fund, 18154 Retirement and retirement benefits Adjustments, 18122 Beneficiary designations, 18120 Benefits unassignable and not subject to process, 18121 Corrections, 18122 Death after retirement date, 18116 Death before retirement date, 18115 Delayed retirement, 18113 Disability retirement benefits, 18126 Early retirement. See within this title: Early Retirement Incentive Program Eligibility for retirement Termination of services prior to, 18117 Errors, 18122 Member records, 18120 Minimum benefit, 18112 No interest in the fund, 18123 Normal retirement, 18111 Payments in case of legal or other disability, 18124 2011 S-36 20 Boynton Beach Code EMPLOYEES( PENSION PLAN(Cont'd Retirement and retirement benefits(Cont'd Reemployment of members receiving benefits, 18125 Retirement annuity option, 18118 Retirement prior to normal retirement date, 18114 Social security option, 18119 Status statements, 18120 Retirement benefits, forfeiture of, 18155 Service. See within this title: Membership and Service Temporary limitations, 1863 Termination of plan, 1860 EMPLOYEES. See: Officers and Employees ENCLOSURES. See: Fences, Walls, Hedges and Other Enclosures ENGINEERING DEPARTMENT Administrator, 24 Established, 24 ENVIRONMENTAL PROTECTION STANDARDS (Pt. III, Ch. 4, Art I) Administration, 1C Appeals Environmentally sensitive lands, 6B General, 6A Applicability, 1D City approval required Private property and public lands, 2A Public rights-of-way, 2B Conflict, 1G Exemptions, 1E Penalties, 7 Purpose and intent, 1B Short title, 1A Standards Forestry practices and procedures, 3D General, 3A Mitigation of existing trees, 3C Preservation efforts, 3B Seeding and mulching, 3E Terms and definitions, 1F Trees, hazardous or dangerous, 4 Trees, prohibited, exotic, and invasive species General, 5A Tree removal and mitigation, 5B 2011 S-37 Code Index 21 EXCAVATIONS Cemeteries; excavations to be by city at owner(s expense, 615 Excavation and fill regulations (Pt. III, Ch. 4, Art. XI) Administration, 1C Applicability, 1D City approval required City rights-of-way, 2B Private property and public lands, 2A Classifications of excavation and fill activities Category 1, 3A Category 2, 3B Category 3, 3C Conflict, 1G Exemptions, 1E Penalties, 6 Purpose and intent, 1B Relief from standards, 1H Restoration surety, 5 Short title, 1A Standards Archeological artifacts, 4E Inspections, 4B Mitigation, 4D Reports, 4C Water bodies, 4A Terms and definitions, 1F EXPLOSIVES City parks and beaches; explosives, 1640 F FAIR HOUSING Requests for accommodation, Pt. III, Ch. 2, Art. II, ( 4F FALSE ALARMS Alarm systems generally, 2.51 et seq. FENCES, WALLS, HEDGES AND OTHER ENCLOSURES Junk and junkyards; screening Specifications for; approval of, 113 Zoning regulations, Pt. III, Ch. 3, Art. V Attachments, 2E Buffer walls, 2H Construction sites, 2F Crossvisibility and safe sight, 2B Dangerous materials, 2D Design, 2C 2014 S-43 22 Boynton Beach Code FENCES, WALLS, HEDGES AND OTHER ENCLOSURES (Cont(d) Easements, 2G Location and height, 2A Low voltage security fencing, 2I FILLING. See: Excavations FINANCES Cemetery fund established Use, investment, 63 Certain ordinances not affected by code, 18 Overdraft service fee, 218 Payment of moneys to city, 218 Redevelopment trust fund Powers of redevelopment agency, 213.1 Social services for the poor or aged Disbursement of federal funds for, 212 Stormwater utility fees, 26400 et seq. Water and sewers. See that title FINGERPRINTS Peddlers and solicitors; fingerprints required, 171 FIREARMS AND WEAPONS City parks and beaches Fireworks, 1640 Weapons, 1653 Fireworks displays, 155 Stones and missiles, throwing, 1513 Switchblade knives, 1512 FIREWORKS City parks and beaches; fireworks, 1640 Display, 155 FIRE AND LIFE SAFETY DIVISION Authority to enter property for inspection, 931 Compliance with orders; appeals, 936 Duties of officers, 930 Establishment; designation of officers, 929 Inspection complaints, 934 Inspections, 932 - 933 Investigation of causes of fires; procedures, 937 Service of enforcement orders, 935 2015 S-45 Code Index 23 FIRE CODES Fire breaks, penetration of, 917 Fire safety inspections for commercial activities, annual fees for, 919 Fire walls, penetration of, 917 Inflammable liquids in outside aboveground tanks Where bulk storage is prohibited, 916 National codes adopted, 915 FIRE DEPARTMENT Pensions for firefighters Accounting, 18187 Application, 18179 Average final compensation defined, 18183 Compensation, limitation on, 18190 Cost of living increase, 18180.2 Deferred retirement option plan, 18222 Disability retirement benefits, 18182 Early retirement, computation of monthly income, 18180.1 Ex officio membership of the fire chief on the board of trustees, 18184 Investments, 18181 Limitation on compensation, 18191 Monthly retirement income, 18180 Normal retirement date, 18185 Payroll deductions; employee, state and city contributions, 18186 Purchase of military/fire service credit/permissive service credit, 18190 Required distributions, 18187 Thirteenth check, 18184.1 Transfer of accumulated leave, 18192 Trustee terms of office, 18179 Repeal or termination of fund, 18188 Social security. See that title FIRE PREVENTION AND PROTECTION Automatic elevators, control of, 9109 Automatic fire protection systems, 96 Boynton Beach Fire Code adopted, 93 Building permits, examination of, 94 Cost recovery program Incidents due to negligent, unlawful or unauthorized acts, 996 Special operations and clean up of hazardous materials, 997 Emergency fire watch for impairments, 983 Enforcement authority, 92 2015 S-45 24 Boynton Beach Code FIRE PREVENTION AND PROTECTION(Cont'd Fire and Life Safety Division Enforcement orders Appeal to Fire Chief, 957 Compliance with, 957 Service of, 956 Establishment, 950 Inspections Authority to enter property for, 952 Complaint, 955 Evacuation of occupied buildings or structures, 955 Involving special hazards, fire alarms and sprinkler systems; enforcement orders, 954 Nonresidential and multi-family occupancy premises generally; enforcement orders, 953 Order to remedy danger, 955 Investigation of causes of fires required; procedures, 958 Purpose, duties and responsibilities, 953 Staff, 951 Fire codes adopted, 93 Fire codes and fees Barbecues and open flames on balconies and patios, 925 Bars over windows and doors, 928 Boat docks and piers, requirements for, 929 Carbon monoxide detection, 938 Duct detector annunciation, 933 Emergency access roadways, 931 Emergency response identification, 930 Extension cords, control panels, and appliances, 923 Fire hydrants and fire department connections, marking of, 926 Fire inspection fees, 922 Fire lanes on private property; blocked roadways, 924 Fire protection water supply requirements, 932 Fire sprinkler systems, 935 Fireworks, 921 High-rise buildings, requirements for, 927 Hot work operations, 936 Key boxes/entry systems, 920 Open burning, 918 Roadway security gates and emergency access, 919 Safeguarding roofing operations, 937 Site plan mapping, 930 Tent requirements for assembly use, 934 Fire protection outside city, when rendered, 970 Fire protection system impairments, 982 Hazardous materials and toxic substances Disclosure and safety requirements, 9122 Fire department hazardous materials permit, 9121 Penalty for violations, 91 2011 S-36 Code Index 25 FIRE PREVENTION AND PROTECTION(Cont'd Report of fire, 95 Standby fire and emergency medical coverage, 984 FIRE RESCUE ASSESSMENT. See also: Emergency Medical Services Transportation Fees and Charges Alternate method, 2350 Annual fire rescue assessments Adoption of annual rate resolution, 2340 Adoption of final assessment resolution, 2338 Correction of errors and omissions, 2344 Effect of final assessment resolution, 2339 General authority, 2333 Initial assessment roll, 2335 Initial proceedings, 2334 Interim assessments, 2345 Lien of assessment, 2341 Notice By mail, 2337 Publication, 2336 Procedural irregularities, 2343 Revisions to assessment, 2342 Applicability, 2349 Collection and use of assessment Alternative method of collection, 2347 Government property, 2348 Method of collection, 2346 Definitions, 2329 Effective date, 2352 General findings, 2331 Interpretations, 2330 Legislative determinations of special benefit, 2332 Limitation on Fire Rescue Assessment Duration, 2353 Severability, 2351 FIRMS Persons defined to include, 12 FISH PONDS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3K FISHING, NO Fishing prohibited, 15125 No fishing areas, designated, 15127 Penalty, 15126 FLAGS AND FLAGPOLES Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3N 2015 S-45 26 Boynton Beach Code FLOOD PREVENTION REQUIREMENTS (Pt. III, Ch. 4, Art. X) Administration, 1C Appeals, 6 Applicability, 1D City approval required, 2 Additional analyses and certifications, 2C Development in flood hazard areas, 2A Information in flood hazard areas without base flood elevations (approximate zone A), 2B Conflict, 1G Minimum finished floor elevation (non-flood hazard area), 3 Minimum requirements and higher regulatory standards for flood hazard areas Areas of shallow flooding (AO zones), 4E Coastal high hazard area (V zones), 4D Floodways, 4C General standards, 4A Seaward of the coastal construction control line, 4G Small streams, 4F Special flood hazard areas (with base flood elevation data), 4B Penalties, 7 Purpose and intent, 1B Relief from requirements, 1H Rules, 1F Short title, 1A Specific requirements by type of improvement or development Manufactured homes, 5C Subdivision standards, 5B Tanks, 5D Utilities, 5A Terms and definitions, 1E Warning and disclaimer, 1I FOUNTAINS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3L FOWL. See: Animals and Fowl FRANCHISES Certain ordinances not affected by code, 18 Community antenna television systems, 721 et seq. Community antenna television systems. See also that title FUEL TANKS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3T 2013 S-42 Code Index 26A G GAMBLING City parks and beaches; gambling, 1644 GAMES City parks and beaches; games allowed only in designated areas, 1658 GARAGE SALES Definition, 1352 Exception to provisions, 1353 Limitation on number of garage sale occurrences, 1357 Penalties; prima facie evidence, 1358 2014 S44 26B Boynton Beach Code Code Index 27 GARBAGE AND TRASH Abandoned property, 1050 et seq. Abandoned property. See that title. City parks and beaches; refuse and trash, 1649 Garbage. See within this title: Refuse, Garbage and Trash Hurricane hazards Lands to be kept free from matter occasioning, 103 Inspection of lands to determine violation. See within this title: Violation; Penalty Lands to be kept free from trash or filth, 102 Inspection of lands to determine violation. See within this title: Violation; Penalty Nuisance provisions. See within this title: Violation; Penalty Property maintenance requirements, 1054 et seq. Property maintenance requirements. See that title. Refuse, garbage and trash City to collect and dispose of garbage Supervision, regulatory authority, 1022 Containerized collection Commercial and multifamily residential, 1025 Dead animals, 1027(g) Definitions, 1023 Disaster-generated debris removal management plan Authority, priorities and limitations, 1032 Frequency of collection, 1027(b) Incinerators, 1027(h) Landfills, 1027(i) Littering, 1027(j) Mulch or compost piles, 1027(e) Non-interference, 1027(k) Ownership of collection refuse and waste, 1027(f) Rates and charge: Purpose, 1029 Service provided by city, 1030 Refuse collection Single family residential, 1024 Refuse storage sites Predetermination required, 1027(a) Roll-off services, 1026 Users of city system Recording and billing duties of Director of Public Works, 1027(c) Violations and enforcement, 1031 Trash. See within this title: Refuse, Garbage and Trash 2013 S-42 28 Boynton Beach Code GARBAGE AND TRASH(Cont(d Violation; penalty Abatement by city, 108 Assessment of costs, interest and attorney's fees; lien, 109 Enforcement, 1010 Content and form of notice, 106 Hearing, 107 Inspection of lands to determine violations, 104 Notice of estimated cost, 108 Notice of violation; required, 105 GARDENS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3J GAS Electricity and gas service tax, 2314 Taxation. See that title. GAZEBOS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3G GENERATORS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3T GRAFFITI Definition and prohibition, 1518 GRASS. See: Vegetation H HANDICAPPED PERSONS Disabled parking spaces Violation, penalty, 149 HAZARDOUS MATERIALS, HAZARDOUS WASTE, AND TOXIC SUBSTANCES Disclosure and safety requirements, 971 Licensing provisions re businesses transporting, 1325 Zoning use regulations, Pt. III, Ch. 3, Art. IV Depressed truck wells, 2C Fire department hazardous material disclosure form, 2A Hazardous materials response plan, 2D Spill containment system, 2B HEATING, VENTILATION, AND AIR CONDITIONER (HVAC) UNITS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3R HEDGES. See: Fences, Walls, Hedges and Other Enclosures 2012 S-40 Code Index 29 HELICOPTER PADS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3AA.3 HELICOPTERS. See: Airports and Aircraft HISTORIC PRESERVATION REQUIREMENTS. See: Building, Construction, and Historic Preservation Requirements HOTELS Taxicabs soliciting for passengers at hotels, 2432 HOUSING Initiatives (Pt. III, Ch. 1, Art. V) State Housing Initiatives Partnership Act, Art. V, ( 1 Affordable Housing Assistance Trust Fund, 1C Affordable housing cost impact review, 1F Affordable housing incentive plan (HIP), 1E Citizens Advisory Committee, 1D Local housing assistance program, 1B General, 1A Workforce housing program, Art. V, ( 2 Applicability, 2B Findings, 2A For-sale housing units, 2F Monitoring and compliance, 2H Off-site options, 2D Provisions, 2C Rental housing units, 2E Resale requirements, 2G Numbers Mandatory street numbers on all buildings, 1516 HUNTING City parks and beaches; hunting, 1653 I IMPOUNDMENT Animals and fowl; impoundment, 419 et seq. Animals and fowl. See also that title. Traffic; supplemental provisions for impounding, 148 IMPROVEMENTS. See also Required Improvements. Certain ordinances not affected by Code, 18 INDECENCY AND OBSCENITY Animals and fowl; indecent exhibitions, 49 2012 S-40 30 Boynton Beach Code INDUSTRY Industrial sewage, 2659 et seq. Water and sewers. See that title. INFORMATION TECHNOLOGY SERVICES/GEOGRAPHIC INFORMATION SERVICES, 24.1 INFRASTRUCTURE DESIGN STANDARDS. See: Land Development Regulations INOPERABLE MOTOR VEHICLES. See: Abandoned Property INSURANCE Casualty insurers, excise tax on, 233 Community antenna television services Franchises; insurance policy, 730 Fire insurers, excise tax on, 233 Newsrack liability requirements, 1585 Signs; liability insurance required, 2112 Taxicabs; liability insurance required, 248 Tornado insurers, excise tax on, 233 J JUNK AND JUNKYARDS Automobile graveyards, requirements for, 112 Definition, 111 Existing junkyards, requirements for, 112 Screening Specifications for, approval of, 113 JUNK DEALERS Dealing with minors, 157 JUNKED VEHICLES. See: Abandoned Property K KNIVES Switchblade knives, 1512 L LAND (General regulations) Environmental protection standards. See that title. Garbage and trash. See that title. Inspection of lands to determine violation, 104 et seq. 2011 S-36 Code Index 31 LAND DEVELOPMENT REGULATIONS (NoteSections contained within this title refer to sections found within Part III) Building requirements. See: Building, Construction, and Historic Preservation Requirements Construction requirements. See: Building, Construction, and Historic Preservation Requirements Environmental protection standards, Ch. 4, Art I Administration, 1C Appeals Environmentally sensitive lands, 7B General, 7A Applicability, 1D City approval required City rights-of-way, 2B Private property and public lands, 2A Conflict, 1G Exemptions, 1E Penalties, 8 Preservation principles Contiguity, 3C Easements and rights-of-way, 3B Highest ecological importance, 3A Purpose and intent, 1B Short title, 1A Standards Forestry practices and procedures, 4D General, 4A Mitigation of existing trees, 4C Preservation efforts, 4B Seeding and mulching, 4E Terms and definitions, 1F Trees, hazardous or dangerous, 5 Trees, prohibited, exotic, and invasive species General, 6A Tree removal and mitigation, 6B Excavation and fill regulations, Ch. 4, Art. XI Administration, 1C Applicability, 1D City approval required City rights-of-way, 2B Private property and public lands, 2A Classifications of excavation and fill activities Category 1, 3A Category 2, 3B Category 3, 3C Conflict, 1G Exemptions, 1E Penalties, 6 Purpose and intent, 1B Relief from standards, 1H 2012 S-39 32 Boynton Beach Code LAND DEVELOPMENT REGULATIONS(Cont(d Excavation and fill regulations, Ch. 4, Art. XI(Cont(d Restoration surety, 5 Short title, 1A Standards Archeological artifacts, 4E Inspections, 4B Mitigation, 4D Reports, 4C Water bodies, 4A Terms and definitions, 1F Exterior building and site design standards, Ch. 4, Art. III Administration, 1B Applicability, 1C Conflict, 1G Design principles Building location and appearance, 2C Compatibility, 2B Efficiency and safety, 2A Sustainable development, 2D Design standards for development in urban areas Building location, 6B Compatibility standards, 6E Design and Architectural Requirements for Mixed Use (Urban) and Central Business Districts, 6H General, 6A Off-street parking area standards, 6F Shade and shelter standards, 6C Sidewalks, 6G Standards for windows, 6D Design standards for large non-residential development (big box) in suburban areas Applicability, 7B Covered walkways, 7G Facades, 7C Landscaping, 7H Miscellaneous, 7K Off-street parking lot orientation, 7J Public entrances, 7F Purpose and intent, 7A Roofline, 7D Windows, 7E Design standards for multi-family and non-residential uses adjacent to single-family residential zoning districts General, 4A Standards, 4B Design standards for specific uses in the use matrix (Table 3-28) Auto dealer, new, 5B Auto dealer, used, 5C Automobile rental, 5E 2013 S-42 Code Index 32A LAND DEVELOPMENT REGULATIONS(Cont(d Exterior building and site design standards(Cont(d Design standards for specific uses in the use matrix (Table 3-28)(Cont(d Day care, 5G Gasoline stations, 5D Group home type 1, 5A Marina, including yacht club, 5F Storage, self-service, 5H Design standards for walls, fences, and miscellaneous outdoor structures Donation bins, 10D Shopping cart corrals, 10C Transit shelters, 10B Walls and fences, 10A Exemptions, 1D Exterior building and site design guidelines Crime prevention through environmental design (CPTED), 12B Urban design guidelines of the community redevelopment agency (CRA), 12A General design standards for exterior buildings Architectural enhancements, 3A Awnings and canopies, 3E Building paint color(s), 3D Downspouts, 3F Drive-through facilities and/or walk-up windows, 3J Exterior treatment and finishes, 3B Mechanical equipment, 3I Monotony restrictions, 3F Overhead doors, 3G Symbols, 3C Maintenance of buildings, structures, and site, 11 Open space and plaza requirements Design standards, 8B General, 8A Pedestrian and bicyclist amenities, standards for General, 9A Standards, 9B Purpose and intent, 1A Relief from standards, 1H Rules, 1F Terms and definitions, 1E Exterior lighting standards, Ch. 4, Art. VII Administration, 1B Applicability, 1C City approval required City right-of-way permit, 2B Private property and public lands, 2A Community design Buildings and structures, 4B General, 4A 2013 S-41 32B Boynton Beach Code LAND DEVELOPMENT REGULATIONS(Cont'd Exterior lighting standards, Ch. 4, Art. VII(Cont'd Community design(Cont'd Maximum footcandle/illumination levels, 4C Pole (total overall) heights in relation to building height, 4D Conflict, 1F Exemptions, 1D Penalties, 6 Prohibited lighting Awnings, 5F Beacon or searchlights, 5C Drop lens fixtures, 5D Neon tubing, bare bulbs, and miniature lighting, 5E Spillage, 5A Unauthorized traffic lighting, 5B 2013 S-42 Code Index 33 LAND DEVELOPMENT REGULATIONS(Cont'd Exterior lighting standards, Ch. 4, Art. VII(Cont'd Purpose and intent, 1A Relief from standards, 1G Standards Crime prevention through environment design (CPTED), 3F Docks and piers, 3G General, 3A Off-street parking lots, 3C Pedestrian lighting, 3D Public rights-of-way, 3B Signs, 3H Under canopies, 3E Terms and definitions, 1E Flood prevention requirements, Ch. 4, Art. X Administration, 1C Appeals, 6 Applicability, 1D City approval required, 2 Additional analyses and certifications, 2C Development in flood hazard areas, 2A Information in flood hazard areas without base flood elevations (approximate zone A), 2B Conflict, 1G Minimum finished floor elevation (non-flood hazard area), 3 Minimum requirements and higher regulatory standards for flood hazard areas Areas of shallow flooding (AO zones), 4E Coastal high hazard area (V zones), 4D Floodways, 4C General standards, 4A Seaward of the coastal construction control line, 4G Small streams, 4F Special flood hazard areas (with base flood elevation data), 4B Penalties, 7 Purpose and intent, 1B Relief from requirements, 1H Rules, 1F Short title, 1A Specific requirements by type of improvement or development Manufactured homes, 5C Subdivision standards, 5B Tanks, 5D Utilities, 5A Terms and definitions, 1E Warning and disclaimer, 1I 2013 S-42 34 Boynton Beach Code LAND DEVELOPMENT REGULATIONS(Cont'd General administration, Ch. 1 Appeals, Art. VIII Administrative official Assignment of appeals, 1D Eligibility, 1A Filing, 1B Hearing of appeals, 1E Indemnification, 1G Review of administrative orders, 1F Stay of work, 1C Building board of adjustment and appeals Eligibility, 2A Filing, 2B City commission Eligibility, 3A Filing, 3B Withdrawal or denial of appeal Refiling after denial, 4A Refiling after withdrawal with prejudice, 4B Refiling after withdrawal without prejudice, 4C Comprehensive Plan, relationship to, Art. III Authority, 1 Contents, 2 Future land use map (FLUM) Adoption, 5A FLUM classifications and corresponding zoning districts (Table 1-1), 5B Preemption, 4 Purpose and intent, 3 Concurrency management system, Art. VI Applicability, 1C Concurrency review procedures Capacity availability review for FLUM amendments, 3B Demonstration of compliance by applicant, 3C Responsibility, 3A Concurrency review requirements Findings, 2A Minimum requirements for concurrency, 2B Concurrency rights reservation and effective period County and state roadways, 4A Other facilities/services, 4B Exemptions, 1D Long-range capacity planning, 1E Proportionate fair-share program Applicability, 5B Application process, 5E Appropriation of fair-share revenues, 5H Determining proportionate fair-share obligation, 5F 2011 S-36 Code Index 35 LAND DEVELOPMENT REGULATIONS(Cont'd General administration, Ch. 1(Cont'd Concurrency management system, Art. VI(Cont'd Proportionate fair-share program(Cont'd General requirements, 5C Intergovernmental coordination, 5D Proportionate fair-share agreements, 5G Purpose and intent, 5A Purpose and intent, 1B Short title, 1A Definitions, Art. II Director of planning and zoning, Art. VII, ( 2 General provisions, Art. I Catch lines, 4 Designation and citation, 3 Ordinances; city laws and codification, 9 Ordinances not affected by regulation, 8 Penalties Civil enforcement, 7D General penalties, 7A Imprisonment, 7C Stoppage of work, 7E Time, 7B Purpose and intent, 2 Repeal, 5 Severability, 6 Short title, 1 Historic resources preservation board, Art. VII Establishment, composition and terms, 4B Powers and duties, 4E Procedures and quorum, 4C Removal, 4D Terms and definitions, 4A Housing initiatives. See: Housing Notice of intent, Art. IX Authorization, 4 Compliance, 10 Contents of the notice, 5 Implementation, 7 Pending development permits, 8 Pending regulations, 9 Posting of notice, 6 Purpose, 2 Statement of intent, 1 Terms and definitions, 3 2011 S-36 36 Boynton Beach Code LAND DEVELOPMENT REGULATIONS(Cont'd General administration, Ch. 1(Cont'd Planning and development board, Art. VII Action, 3H Advisory authority, functions, powers, and duties, 3F Establishment and composition, 3A Quorum, 3E Review of applications, 3G Rules of procedures, 3D Selection of chair and vice chair, 3C Terms of membership; removal; vacancies, 3B Redevelopment plans, Art. IV Amendments to land development regulations, 3 Compliance with, 2 Identification of, 1B Purpose and intent, 1A Workforce housing program. See: Housing Historic preservation requirements. See: Building, Construction, and Historic Preservation Requirements Infrastructure design standards. See within this title: Roadways, utilities, and infrastructure design standards Land development process, Ch. 2 Building division services, Art. IV Administration, 1B Building permit Approval process, 2D General, 2A Miscellaneous, 2F Review criteria, 2C State of Florida fees, 2E Submittal requirements, 2B Completeness, 1D Fees, 1E Purpose and intent, 1A Sign permit Approval criteria, 3C Expiration, 3E General, 3A Miscellaneous, 3F Review process, 3D Submittal requirements, 3B Submission requirements, 1C Terms and definitions, 1F Variances Approval process, 4D Expiration, 4E General, 4A Miscellaneous, 4F Review criteria, 4C Submittal requirements, 4B 2011 S-36 Code Index 37 LAND DEVELOPMENT REGULATIONS(Cont(d Land development process, Ch. 2(Cont(d Business tax services, Art. V Administration, 1B Business tax receipt, 2 Dogs in outdoor portions of public food service establishments, 2B Generally, 2A Completeness, 1C Purpose and intent, 1A Seasonal sales event approval Approval process, 3D Expiration, 3E General, 3A Miscellaneous, 3F Review criteria, 3C Submittal requirements, 3B Special sales event approval Approval process, 4D Expiration, 4E General, 4A Miscellaneous, 4F Review criteria, 4C Submittal requirements, 4B Terms and definitions, 1D Engineering division services, Art. III Administration, 1B Completeness, 1D Engineering division waivers Approval process, 5D Expiration, 5E General, 5A Review criteria, 5C Submittal requirements, 5B Fees, 1E Land development permit (LDP) Approval process, 3D Expiration, 3E Extension, 3F General, 3A Miscellaneous, 3G Review criteria, 3C Submittal requirements, 3B Preapplication conference, 1C Purpose and intent, 1A Rightofway permit Approval process, 4E Conditions for permits, 4D 2012 S-40 38 Boynton Beach Code LAND DEVELOPMENT REGULATIONS(Cont(d Land development process, Ch. 2(Cont(d Engineering division services, Art. III(Cont(d Rightofway permit(Cont(d Expiration, 4F General, 4A Miscellaneous, 4H Review criteria, 4C Submittal requirements, 4B Time extension, 4G Subdivision and platting Final plat, 2C General, 2A Preliminary plat, 2B Surety Acceptance and maintenance of required improvements, 6D Applicability, 6B Purpose, 6A Types of surety, 6C Terms and definitions, 1F Fees, impact and selected, Art. VI Art in public places fee, 5 Capital facilities fee, 3 City parks and recreation facilities impact fee or land dedication Credit towards impact fee imposition, 2E General, 2A Impact fee amount, 2D Impact fee calculation, 2C Land donation in lieu of impact fee, 2F Time of impact fee payment, 2B Use of park impact fee proceeds, 2G Downtown stormwater improvement watershed fee, 6 Fire rescue assessment, 4 General, 1 Green Building Program, 8 Palm Beach County fees Park, 7C Public building, 7D Road, 7A School, 7B Overview, Art. I Definitions, 1B Development orders, 6 Expedited development review program Applicability, 4A Benefits of program, 4B 2012 S-40 Code Index 39 LAND DEVELOPMENT REGULATIONS(Cont'd Land development process, Ch. 2(Cont'd Overview, Art. I(Cont'd Green Building Program Certification verification, 5E Education and training, 5F Government leadership, 5B Incentives, 5D Purpose and intent, 5A Scope and applicability, 5C Purpose and intent, 1A Review process for applications requiring public hearings, generally Advisory board review, 3B City commission review, 3C Staff review, 3A Revocation of development approval Decision and notice, 7D Grounds for revocation, 7B Initiation, 7A Notice and public hearing, 7C Rules, 1C Severability, 1D Types of land development applications Applications by city departments, Table 21, 2A Withdrawal, 2B Planning and zoning division services, Art. II Administration, 1B Completeness, 1E Fees, 1F Historic preservation applications Certificate of appropriateness, 6A Historic districts or properties designation, 6B Historic preservation property tax exemption application, 6C Other applications Certificate of conforming, 7A Lot line modification, 7B Mobile vendor approval, 7C Modification to development order, 7D Sidewalk café approval, 7E Wireless communication facilities (WCF), 7F Zoning verification, 7G Permit applications Sign permit, 5A Zoning permit, 5B Planned industrial development (PID) applications Master site plan, including modifications, 3A Technical site plan, including modifications, 3B Waiver (mixed use pod), 3C Preapplication conference, 1C 2013 S-41 40 Boynton Beach Code LAND DEVELOPMENT REGULATIONS(Cont'd Land development process, Ch. 2(Cont'd Planning and zoning division services, Art. II(Cont'd Purpose and intent, 1A Quasijudicial hearings, 1H Relief applications Administrative adjustment, 4A Community design appeal, 4B Height exception, 4C Variance to land development regulations, 4D Standard applications Annexation, 2A Comprehensive plan amendments, 2B Conditional use, including time extension, 2C Rezoning, including master plan, 2D Sign program, 2E Site plan, including time extension and modifications, 2F Vacation and abandonment, 2G Submittal requirements, 1D Terms and definitions, 1G Landscape design and buffering standards, Ch. 4, Art. II Administration, 1C Alternate compliance Alternate landscape plan (ALP), 5B General, 5A Applicability, 1D City approval required City rights-of-way, 2B Private property and public lands, 2A Community design Base of signs, 6I Drive-through facilities, 6D Dumpster enclosure, 6G Foundation landscaping areas, 6B General, 6A Landscape standards for specific uses, 6J Lift stations, 6H Mechanical equipment, 6F Plazas, 6C Service areas, 6E Conflict, 1G Exemptions, 1E 2011 S-38 Code Index 40A LAND DEVELOPMENT REGULATIONS(Cont(d Landscape design and buffering standards, Ch. 4, Art. II(Cont(d Landscape design principles Buffering and screening, 3C Composition, 3B Continuity and connection, 3F Energy conservation and sustainable design, 3H Enhancing architecture, 3G Natural landscapes, 3A Pesticide management, 3J Quality pedestrian environment, 3I Responsive to local character, 3D Site preparation, maintenance, and cutting, 3K Use of drought resistant and native plants, 3E Penalties, 7 Purpose and intent, 1B Relief from standards, 1H Short title, 1A Standards City-wide standards, 4A Suburban landscape code, 4C Urban landscape code, 4B 2012 S-39 40B Boynton Beach Code Code Index 41 LAND DEVELOPMENT REGULATIONS(Cont'd Landscape design and buffering standards, Ch. 4, Art. II(Cont'd Terms and definitions, 1F Lighting, exterior. See within this title: Exterior lighting standards Loading standards. See within this title: Parking lots, vehicular use areas, and loading standards Off-street parking requirements, minimum, Ch 4, Art. V Administration, 1B Applicability, 1C Conflict, 1E Exceptions to providing required off-street parking Adaptive re-use, 4A Certificate of conformity, 4B On-street parking, 4C Handicap accessible off-street parking, 5B Maximum number of provided parking, 5A Penalties, 6 Permanent reservation of off-street parking spaces, 5C Purpose and intent, 1A Relief from standards, 1F Special reductions in required off-street parking Joint access/parking, 3B Martin Luther King Boulevard Overlay Zone, 3D Minimum parking (5% reduction), 3A Ocean Avenue Overlay Zone, 3F Payment in lieu of parking, 3E Shared parking, 3C Standards Arts, entertainment, and recreational uses, 2D Commercial and office & health care uses, 2C Educational uses, 2F General, 2A Industrial uses, 2E Public and civic uses, 2G Residential and lodging uses, 2B Terms and definitions, 1D Parking lots, vehicular use areas, and loading standards, Ch. 4, Art. VI Administration, 1B Applicability, 1C City approval required City right-of-way permit, 2B Private property and public lands, 2A Community design Dumpsters and trash receptacles, 4C General, 4A Off-street parking areas and parking garages, 4D Off-street loading, 4B Conflict, 1F Exemptions, 1D 2013 S-42 42 Boynton Beach Code LAND DEVELOPMENT REGULATIONS(Cont'd Parking lots, vehicular use areas, and loading standards, Ch. 4, Art. VI(Cont'd Penalties, 5 Purpose and intent, 1A Relief from standards, 1G Standards Driveway openings and access, 3C Dumpsters and solid waste removal, 3E Fire lanes, 3G General, 3A Off-street loading areas, standards for, 3D Off-street parking and vehicular use areas, 3B Queuing and stacking, 3F Terms and definitions, 1E Roadways, utilities, and infrastructure design standards, Ch. 4, Art. VIII Administration, 1C Applicability, 1D City approval required City rights-of-way, 2B Private property and public lands, 2A Community design General, 4A Sidewalks, 4B Conflict, 1F Penalties, 5 Purpose and intent, 1B Relief from standards, 1G Short title, 1A Standards Bridges & culverts, 3F Canals and waterways, 3H Drainage, stormwater, and wastewater management, 3G General standards for all required improvements, 3A Pedestrian and bicycle paths, 3E Roadways and streets, 3C Sidewalks, 3D Utilities, 3B Terms and definitions, 1E Sign standards, Ch. 4, Art. IV Abandoned signs, 8 Administration, 1C Applicability, 1D City approval required Sign permit, 2B Site plan review, 2A 2011 S-36 Code Index 43 LAND DEVELOPMENT REGULATIONS(Cont'd Sign standards, Ch. 4, Art. IV(Cont'd Community design Community design standards for all signs, 5B Community design standards for logos and icons, 5D Community design standards for specific types of signs, 5C General, 5A Conflict, 1G Exemptions, 1E Nonconforming signs Annexation of nonconforming freestanding signs, 7C General, 7A Repair or removal, 7B Penalties, 9 Prohibited signs Animated or fluttering sign, 3B Electronic messaging centers (EMC), 3D Mobile sign, 3E Motion picture or video sign, 3C Noise sign, 3A Non-geometric sign, 3J Off-premises sign, 3K Other, 3L Painted wall sign, 3H Roof sign, 3F Snipe sign, 3G Unauthorized sign, 3I Purpose and intent, 1B Relief from standards, 1I Severability, 1H Short title, 1A Sign program General, 6A Review process, 6C Standards, 6B Standards General, 4A Permanent signs, 4C Special signs, 4D Temporary signs, 4B Terms and definitions, 1F Site design standards. See within this title: Exterior building and site design standards Utility design standards. See within this title: Roadways, utilities, and infrastructure design standards Vehicular use areas. See within this title: Parking lots, vehicular use areas, and loading standards Zoning. See: Zoning LANDSCAPE DESIGN AND BUFFERING STANDARDS. See: Land Development Regulations 2011 S-36 44 Boynton Beach Code LIBRARIES Acts prohibited; penalty, 127 Board created, 121 Bylaws, 123 Compensation, 122 Duties, 124 Meetings, 125 Membership, 121 Organization, 122 Powers, 124 Qualifications, 122 Quorum, 123 Regulations, 123 Removal of members, 126 Rules, 123 Terms, 121 Vacancies, 121 LICENSES AND PERMITS Alarm system operating permit, 2.53 et seq. Alarm systems. See that title. Application for Certificate of Use and Occupancy, inspections, and Business Tax Receipt, 137 Business tax receipt tax fee schedule, 134 Certain ordinances not affected by Code, 18 Certificate of Use and Occupancy; inspections, 1328 Charitable solicitation; permit, 1737 et seq. Peddlers and solicitors. See that title. City parks and beaches; permits re, 1620 et seq. Parks and recreation. See that title. Classification and fee schedule, 134 Administrative remedy to challenge, 136 Code enforcement, 1317 Coinoperated vending machines, 1324 Community antennae systems; installation and maintenance, 742 Conflict with statue, 133 Contractors, registration and regulation of, 1321 Crossconnection control and backflow prevention re, 26109 Declaration required where fee depends on variable factors within applicant(s knowledge, 138 Definitions, 132 Delinquency penalty, 1311 Dogs; county registration, county license required, 436 Doing business not covered by Business Tax Receipt, 1315 Due dates, 1310 Duplicate Business Tax Receipts, 1313 Engaging in business without Business Tax Receipt Penalties; prima facie evidence, 1316 Enforcement, method of, 1317 Excavations and fills. See: Excavations 2015 S-45 Code Index 45 LICENSES AND PERMITS(Cont'd False statements Certificate of Use or Business Tax Receipt obtained by void ab initio, 1315 Garage sales, 1352 et seq. Garage sales. See that title. Hazardous materials or waste, businesses handling, 1325 Home occupational Business Tax Receipt fees, 1323 Identification of vehicles used in business or occupation, 1327 Imposition and levy of tax, 131 Injunction, 1317 Issuance of Certificate of Use and Occupancy and Business Tax Receipt, 139 Live entertainment, 1380 Nonprofit enterprise, special permits for, 1319 Posted or carried, Business Tax Receipts to be, 1314 Professionals, 1322 Purpose, 131 Reapplication fee for Certificate of Use and Occupancy, inspections, and Business Tax Receipt, 137 Right of appeal, 1318 Right to deny issuance, renewal, transfer, revocation, 1318 Sales. See within this title: Garage Sales Sewers, permits re industrial and commercial waste, 26131, 26160 Signs. See: Signs Solicitors and canvassers, 1714 et seq. Peddlers and solicitors. See that title. Special events, 1320 Streets and sidewalks. See: Streets and Sidewalks Tow vehicles, 1326 Transfer of Business Tax Receipt, 1312 Unlisted businesses or occupations, provision for, 135 Use of property for commercial or industrial purposes or residential dwelling rental; Certificate of Use and Occupancy, inspection, and Business Tax Receipt required, 137 Vehicles for hire, 249 et seq. Vehicles for hire. See that title. LIENS Nuisance abatement board Duration of lien, 15115.5 LIGHT POLES Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3P LIGHTING Exterior lighting standards (Pt. III, Ch. 4, Art. VII) Administration, 1B Applicability, 1C City approval required City right-of-way permit, 2B Private property and public lands, 2A 2015 S-45 46 Boynton Beach Code LIGHTING(Cont'd Exterior lighting standards (Pt. III, Ch. 4, Art. VII)(Cont'd Community design Buildings and structures, 4B General, 4A Maximum footcandle/illumination levels, 4C Pole (total overall) heights in relation to building height, 4D Conflict, 1F Exemptions, 1D Penalties, 6 Prohibited lighting Awnings, 5F Beacon or searchlights, 5C Drop lens fixtures, 5D Neon tubing, bare bulbs, and miniature lighting, 5E Spillage, 5A Unauthorized traffic lighting, 5B Purpose and intent, 1A Relief from standards, 1G Standards Crime prevention through environment design (CPTED), 3F Docks and piers, 3G General, 3A Off-street parking lots, 3C Pedestrian lighting, 3D Public rights-of-way, 3B Signs, 3H Under canopies, 3E Terms and definitions, 1E Portable landscape, supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3O LILY PONDS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3K LITTER Defined, 1526 Gutters, sweeping or depositing into, 1528 Private property, 1531 Prohibited generally, 1527 Public places, sweeping or depositing into, 1528 Scattering of loads, prevention of, 1533 Vacant property, 1532 Vehicles, throwing from, 1529 Water, throwing or depositing in bodies of, 1530 LIVE ENTERTAINMENT PERMIT, 1380 2011 S-37 Code Index 47 LIVESTOCK Generally, 419 Animals and fowl. See also that title. LOADING AND UNLOADING Noise control, 158 et seq. Noise. See that title. LOADING STANDARDS. See: Land Development Regulations LOCAL HOUSING ASSISTANCE PROGRAM, Part III, Ch. 1, Art. V, ( 1B LOCAL IMPROVEMENTS Certain ordinances not affected by Code, 18 LOITERING Acts declared unlawful, 15130 Definitions, 15129 Findings and intent, 15128 Loitering after warning, 15132 Penalties, 15133 Suspicious loitering, 15131 LOUDSPEAKERS Noise control, 158 et seq. Noise. See that title. 2013 S-41 48 Boynton Beach Code M MAILBOXES Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3Q MANAGER. See: City Manager MAPS Numbers Mandatory street numbers of all buildings; establishment, 1516(f) MAYOR Offices and titles of Mayor and Vice-Mayor retained, 21.1 ViceMayor Appointment, 21.2 Duties and official designation, 29 MEDICINES. See: Drugs and Medicines MINORS Education and Youth Advisory Board Consolidation of Children and Youth Advisory Board and Education Advisory Board, 2123 Created, 2116 Duties, 2117 Meetings, 2120 Organization, 2119 Powers, 2122 Recommendations, 2118 Gangrelated activity nuisance abatement re, 15111 et seq. Nuisances. See that title. Secondhand or junk dealers, dealing with, 157 MISDEMEANORS State misdemeanors, adoption, 151 MISSILES Throwing stones or missiles, 1513 MOBILE VENDOR Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 10 MOTOR VEHICLES Abandoned, wrecked or junked vehicles, 1050 et seq. Abandoned, wrecked or junked vehicles. See also that title. Litter, throwing from vehicles, 1529 Noise control, 158 et seq. Noise. See that title. 2012 S-39 Code Index 48A MOTOR VEHICLES(Cont(d Recreational vehicles, 201 et seq. Recreational vehicles, boats and boat trailers. See also that title. Storage of, 145 Traffic, 141 et seq. Traffic. See also that title. Trailers, 251 et seq. Trailers. See also that title. MUSICAL INSTRUMENTS Noise control, 158 et seq. Noise. See that title. 2012 S-39 48B Boynton Beach Code Code Index 49 N NEWSRACK REGULATIONS Abandonment, 1587 Authority, legislative intent, 1583 Definitions, 1582 Enforcement of provisions, 1588 Liability; hold harmless, 1585 Location, placement standards, 1584 Location; private property, 1586 Maintenance, installation standards, 1584 Rules of construction, 1581 Short title, 1580 Supplemental regulations, Pt. III, Ch. 3, Art. V, ( 11C NOISE Administration, 158.3 Animals and fowl; nuisance by noise, 413 Definitions, 158.2 Exemptions, 158.6 Inspections, 158.4 Penalty for violations, 158.7 Prohibited acts, 158.5 Purpose and scope, 158.1 Short title, 158 Sound control Administration, 1510.3 Enforcement, 1510.7 Exemptions, 1510.6 Inspections, 1510.4 Penalty, 1510.7 Prohibited acts, 1510.5 Purpose, 1510.1 Short title, 1510 Sound levels by receiving land use category, 158.8 Standards, 158.2 Terminology, 158.2 NON-DISCRIMINATION POLICY, 224 NON-SMOKING POLICY Non-smoking areas, 1519 NOTICE OF INTENT, Part III, Ch. 1, Art. IX Authorization, 4 Compliance, 10 Contents of, 5 Implementation, 7 2015 S-45 50 Boynton Beach Code NOTICE OF INTENT(Cont'd Pending development permits, 8 Pending regulations, 9 Posting of, 6 Purpose, 2 Statement of intent, 1 Terms of definitions, 3 NUISANCE ABATEMENT BOARD Code Compliance Board or Special Magistrate, consolidation with, 292 NUISANCES Garbage, nuisance abatement provisions re, 104 et seq. Garbage and trash. See that title Nuisance abatement Board Conduct of hearing, 15115 Fines for noncompliance with orders, 15115.5 Duration of lien, 15115.5 Processing of complaints, 15114 Definitions, 15112 Judicial review, 15116 Rights preserved, 15117 Title, 15111 NUMBER Defined, 12 O OATH Defined, 12 OBSCENITY. See: Indecency and Obscenity ODOR Animals and fowl; nuisance by odor, 413 OFFENSES Failure to respond to lawful process, 154 Obstruction of passageways, 159 State misdemeanors, adoption, 151 OFFENSIVE CONDITIONS Garbage and trash, 101 et seq. Garbage and trash. See also that title 2014 S-43 Code Index 51 OFFICERS AND EMPLOYEES Certain ordinances not affected by Code, 18 City Attorney. See that title City Engineer, 24 City Manager, 225 et seq. City Manager. See also that title Director of Planning and Zoning, Pt. III, Ch. 1, Art. VII Duties and responsibilities, 2B Generally, 2A Drug free workplace Definitions, 219(b) General procedures, 219(c) Policy requirements, 219(d) Policy statement, 219(a) Employment screening, 221 Legal defense and identification, 28 Mayor and Vice-Mayor. See: Mayor Minimum qualifications for appointment to city boards and commissions, membership, 216 Non-discrimination policy, 224 Officers, defined, 12 Pension Administrator, 189 Pensions and retirement, 181 et seq. Pensions and retirement. See also that title Personnel and equipment organizational chart adopted, 21 Personnel Policy Manual adopted by reference, 2151 Prosecutor. See that title OPEN AIR STRUCTURES Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3G ORDINANCES. See: Code of Ordinances OVERLAY ZONES (Pt. III, Ch. 3, Art. III, ( 8) See also: Zoning Downtown TransitOriented Development District (DTODD), 8E Martin Luther King Jr. Boulevard, 8B Ocean Avenue (OAOZ), 8D Urban central business district, 8A Urban commercial district, 8C OWNER Defined, 12 P PARKING, OFF-STREET Off-street parking requirements, minimum (Pt. III, Ch. 4, Art. V) Administration, 1B Applicability, 1C 2015 S-45 52 Boynton Beach Code PARKING, OFF-STREET(Cont'd Off-street parking requirements, minimum (Pt. III, Ch. 4, Art. V)(Cont'd Conflict, 1E Exceptions to providing required off-street parking Adaptive re-use, 4A Certificate of conformity, 4B On-street parking, 4C Handicap accessible off-street parking, 5B Maximum number of provided parking, 5A Penalties, 6 Permanent reservation of off-street parking spaces, 5C Purpose and intent, 1A Relief from standards, 1F Special reductions in required off-street parking Joint access/parking, 3B Martin Luther King Boulevard Overlay Zone, 3D Minimum parking (5% reduction), 3A Ocean Avenue Overlay Zone, 3F Payment in lieu of parking, 3E Shared parking, 3C Sustainability, parking reductions for, 3G Standards Arts, entertainment, and recreational uses, 2D Commercial and office & health care uses, 2C Educational uses, 2F General, 2A Industrial uses, 2E Public and civic uses, 2G Residential and lodging uses, 2B Terms and definitions, 1D PARKING LOTS (Pt. III, Ch. 4, Art. VI) Administration, 1B Applicability, 1C City approval required City right-of-way permit, 2B Private property and public lands, 2A Community design Dumpsters and trash receptacles, 4C General, 4A Off-street parking areas and parking garages, 4D Off-street loading, 4B Conflict, 1F Exemptions, 1D Penalties, 5 Purpose and intent, 1A Relief from standards, 1G 2015 S-45 Code Index 52A PARKING LOTS (Pt. III, Ch. 4, Art. VI)(Cont'd Standards Driveway openings and access, 3C Dumpsters and solid waste removal, 3E Fire lanes, 3G General, 3A Off-street loading areas, standards for, 3D Off-street parking and vehicular use areas, 3B Queuing and stacking, 3F Terms and definitions, 1E 2013 S-42 52B Boynton Beach Code Code Index 53 PARKS AND RECREATION Beaches. See within this title: City Parks and Beaches Board created Appointment, 161 Duties, 165 Meetings, 164 Members, removal, 162 Officers, 163 Powers, 165 Qualifications, 161 Terms, 161 Vacancies, 162 Boats and boating Boat club park, establishing hours of use at, 1660 Boat launching and trailer parking user fee at Harvey E. Oyer, Jr. Park, 1661 C16 Canal (Pioneer Park) speed restriction on, 1693.1 Enforcement, 1695 Fueling or refueling of watercraft prohibited, 1694.5 Intracoastal waterway Wooden overlook at terminus of Casa Loma Boulevard Mooring or docking at, 1694.5 Mufflers required, 1694 Overnight boat docking prohibited, 1659 Recreational vehicles, boats and boat trailers, 201 et seq. Recreational vehicles, boats and boat trailers. See also that title Speed causing harmful wake, 1693 Bounce houses, 1628 Boynton Canal and abutting property Use prohibited, 167 City parks and beaches Bounce houses, 1628 Conduct regulated Alcoholic beverages permitted only at designated places Sale; drunkenness, 1638 Animals prohibited, 1639 Boat docking overnight prohibited, 1659 Camping, 1657 Closed areas; entering, using, 1645 Disorderly conduct, 1646 Dogs prohibited in city owned park or recreation area, 433 Dressing and undressing, 1652 Dropping inflammable material, 1643 Enforcement, 1662 Explosives, 1640 Fireplaces and picnic areas, use of, 1655 Fires permitted only in designated areas Fireworks, 1640 2012 S-39 54 Boynton Beach Code PARKS AND RECREATION(Cont'd City parks and beaches(Cont'd Fixtures; standing or sitting on, 1648 Gambling, 1644 Games allowed only in designated areas, 1658 Harvey E. Oyer, Jr. Park, establishing hours of use at, 1660 Hunting, 1653 Lounging, 1646 Picnic area Regulation authorized, 1654 Refuse, 1649 Rest rooms, cooperation in keeping clean, 1647 Sleeping, 1646 Soliciting prohibited, 1642 Swimmers to conform to regulations, 1650 Trash, 1649 Trees, climbing, 1648 Use of facilities provided for opposite sex, 1641 Weapons; shooting, 1653 City parks and beaches; structures to afford open views Guy wires, braces prohibited, 1627 Definitions, 1618 Director to establish hours, 1619 Dogs Prohibited in city owned park or recreation area, 433 Recreation and parks director Hours of operation at parks and beaches established by, 1619 Regulations enforced by, 1622 Recreational and park fund established Expenditures, 166 Grass, damaging, 1625 Hours, director to establish, 1619 Permit required to erect structure or run utility, 1623 Permittees, interference with, 1620 Plants, damaging, 1625 Pollution of waters, 1626 Regulations, enforcement, 1622 Sand, removal of, 1624 Showing of permits upon request, 1621 Shrubs, removal of, 1624 Soil, removal of, 1624 Structures to afford open view Guy wires, braces prohibited, 1627 Traffic and parking regulations Authority to direct traffic Obedience required, 1670 Bicycles Headlights, 1681 2012 S-39 Code Index 55 PARKS AND RECREATION(Cont'd Traffic and parking regulations(Cont'd Authority to direct traffic(Cont'd Bicycles(Cont'd Manner of parking or leaving, 1680 Manner of riding, 1679 Passengers on, 1680 Reflectors, 1681 To keep to right, single file, 1679 Bicycles, where permitted, 1678 Compliance required, 1669 Double parking, 1677 Driving in prohibited areas, 1673 Night parking, 1675 Notice of vehicle breakdown, 1676 Parking at municipal beach in Ocean Ridge, 1682 Parking to be in parking areas Obedience to regulations, 1674 Speed limit, 1672 Traffic signs, observance of, 1671 Trees, damaging, 1625 Trees, removal of, 1624 Utilities Permit required to erect structure or run utility, 1623 PARTNERSHIPS Persons defined to include, 12 PATIOS, UNENCLOSED AND UNCOVERED Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3B PEDDLERS AND SOLICITORS Canvassers. See within this title: Solicitors and Canvassers Charitable solicitations Amendments to application Additional solicitation, 1743 Applicability, 1734 Behavior, restrictions on, 1744 Definitions, 1736 Fees, 1739 Penalty, 1745 Permit Application, 1738 Contents, 1742 Expiration, 1742 Granting, 1740 Nontransferable, 1742 Refusal to grant permit Appeal, 1741 2011 S-36 56 Boynton Beach Code PEDDLERS AND SOLICITORS(Cont'd Charitable solicitations(Cont'd Applicability(Cont'd Required, exceptions, 1737 Terms, 1742 Purpose, 1735 City parks and beaches; soliciting prohibited, 1642 Fingerprints required, 171 Identification card required Reregistration; fee, 172 Noise control, 158 et seq. Noise. See that title Photo required, 171 Registration, photo and fingerprints required, 171 Solicitors and canvassers Defined, 1713 Duty of police to enforce, 1720 License required, 1714 Permit required, 1714 Action on application, 1717 Appeals, 1723 Application, 1715 Application fee, 1716 Duration, 1718 Exhibition, 1719 Investigation on application, 1717 Revocation, 1722 Reports, records of violations, 1721 Violations, records and reports, 1721 PEEPING TOMS Window peeping, 1515 PENALTIES Adjudgment of fines and imprisonments, 16 Continuing violations, 16 General penalties, 16 Specific penalties for violations. See specific violations PENSIONS AND RETIREMENT Deferred compensation plan for unclassified personnel Agreements with employees authorized, 18196 Authorized, 18195 Deferred Retire Option Plan, 18127 Early retirement. See within this title: Early Retirement Incentive Program Elected officials, pension plan for Pension benefits, creation and maintenance of, 18240 2011 S-36 Code Index 57 PENSIONS AND RETIREMENT(Cont'd Eligible rollover distributions Trustee to trustee transfer, 18200 Employees( pension plan, 1855 et seq. Employees( pension plan. See also that title. Firefighters, pension for, 18179 et seq. Fire department. See also that title. Flexible benefit plan Authorized, 18197 Contributions to plan, 18199 Payroll deductions, 18198 Pension administrator; duties, 189 Police officers, Retirement Trust Fund, 18164 et seq. Police department. See also that title. Social security, 181 et seq. Social security. See also that title. PERGOLAS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3F PERMITS. See: Licenses and Permits PERSON Defined, 12 PERSONNEL Personnel and equipment organizational chart adopted, 21 Personnel policy manual adopted by reference, 2151 PICNICS City parks and beaches; places for picnics, 1654 et seq. Parks and recreation. See also that title. PIERS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3O PLANNED UNIT DEVELOPMENT DISTRICT (PUD) (Pt. III, Ch. 3, Art. III, ( 2H) PLANNING AND DEVELOPMENT. See: Land Development Regulations PLANTS. See: Vegetation PLATTING (Pt. III, Ch. 2, Art. III, ( 2) See also: Land Development Regulations Final plat, 2C General, 2A Preliminary plat, 2B 2011 S-36 58 Boynton Beach Code PLAYGROUND EQUIPMENT Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3M POISON Dogs; poisoning, 43 POLES AND WIRES Community antenna television systems; installation and maintenance Joint use of utility poles, agreement to be filed with city manager, 748 POLICE DEPARTMENT Alarm systems generally, 2.51 et seq. Law enforcement officers Salary incentive program, 214 Retirement Trust Fund Beneficiaries, 18171 Benefits Amounts, 18169 Optional forms, 18170 Board of Trustees Created, 18166 Powers, 18167 Buy back of service, 18172 Cost of living adjustment, 18177 Creation, 18164 Deferred retirement option plan (DROP), 18175 Definitions, 18165 False or misleading statements, 18174(b) Incompetence, 18174(c) Internal Revenue Code limits, 18174(g) Lump sum payment, 18174(e) Maintenance, 18164 Membership, 18168 Pension validity, 18174(a) Required distributions, 18174(f) Requirements for retirement, 18169 Rights and benefits not subject to legal process, 18174(d) Rollovers, 18173 Termination of plan and distribution of fund, 18176 Social security for policemen, 1819 et seq. Social security. See also that title Solicitors and canvassers; duty of police to enforce, 1720 POLLING PLACES Designation of, 244 2011 S-36 Code Index 59 POLLUTION Parks and recreation; pollution of water, 1626 Stormwater system, 26300 et seq. Water and sewers. See that title. POULTRY Generally, 419 Animals and fowl. See also that title. PROPERTY Abandoned property, 1050 et seq. Abandoned property. See that title Animals and fowl; nuisance by property, 413 Certain ordinances not affected by code, 18 Dogs; damaging property of another, 433 Garbage and trash. See also that title Inspection of land to determine violation, 104 et seq. Graffiti, 1518 Landscape design and buffering standards. See that title. Minimum standards for appearance and maintenance, 15120 Personal property, defined, 12 Private property Newsracks located on; written permission, 1586 Property maintenance requirements. See that title Taxation; excise tax on property insurers, 233 Trailers; parking on private property, 256 PROPERTY MAINTENANCE REQUIREMENTS Definitions, 1055 Fire safety requirements, 1060 General requirements, 1056 Light, ventilation and occupancy limitations, 1057 Mechanical and electrical requirements, 1059 Penalties, 1061 Plumbing facilities and fixture requirements, 1058 Referenced standards, 1062 Rules, 1054 PROSECUTOR Compensation, 27 Duty, 26 Position created, 25 Responsibility, 26 PUBLIC IMPROVEMENTS Community antenna television systems; installation and maintenance Changes required by public improvements, 746 2011 S-36 60 Boynton Beach Code PUBLIC SERVICE TAX Generally, 2314 et seq. Taxation. See also that title. PUBLIC WORKS DEPARTMENT Divisions, 22 Established, 22 Superintendent of public works Administration of department, 22 PURCHASING AND CONSULTANTS Certain ordinances not affected by code, 18 City to adopt rules of procedures, 259 Commissions, boards, etc., independent of city commission to follow article, 260 Consultants Incorporation of Florida Statutes ( 287.055, 257 Design-build contracts, 261 Intent, 258 Jurisdiction, 258 Purchasing agent Competitive bidding re Exceptions, 256.1 Generally, 256 Duties, 256 Selection, 256 R RADIOS Noise control, 158 et seq. Noise. See that title. RAILROADS AND TRAINS Locomotive whistles and/or horns Hours during which sounding prohibited; penalty for violation, 147.1 Trains Blocking or obstructing crossings, 147 RAIN BARREL Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3V RECREATION. See: Parks and Recreation RECREATIONAL VEHICLES, BOATS AND BOAT TRAILERS Definition, 203 Land use, effect on private limitations, 205 More stringent regulations to apply, 204 2011 S-36 Code Index 61 RECREATIONAL VEHICLES, BOATS AND BOAT TRAILERS(Cont'd Parks and recreation; boats and boating, 1693 et seq. Parks and recreation. See also that title Private property, conditions to parking on, 206 Private property, occupying on, 208 Purpose, 201 Scope, 202 Time limit for parking on right-ofway, 207 RED LIGHT INFRACTION ENFORCEMENT PURSUANT TO STATE LAW Authorization for enforcement program, 14.52 Definitions, 14.53 Intent, 14.51 Notice of violation hearings, 14.56 Special Magistrate, appointment of, 14.55 Traffic infraction enforcement officer, 14.54 REDEVELOPMENT TRUST FUND Powers of redevelopment agency, 213.1, 213.2 RETIREMENT. See: Pensions and Retirement RIGHTS-OF-WAY Communications Abandonment of a communications facility, 25.117 Conditional use of public rights-of-way, 25.19 Construction bond, 25.114 Definitions, 25.13 Enforcement remedies, 25.116 Existing communications facilities in public rights-of-way, 25.111 Force majeure, 25.118 Indemnification, 25.113 Insurance, 25.112 Intent and purpose, 25.12 Involuntary termination of registration, 25.110 Permits Suspension, 25.17 Appeals, 25.18 Placement or maintenance of a communications facility in public rights-of-way, 25.16 Registration for placing or maintaining communications facilities in public rights-of-way, 25.14 Reports and records, 25.119 Reservation of rights and remedies, 25.120 Security fund, 25.115 Title, 25.11 Transfer, sale or assignment of assets in public rights-of-way, 25.15 2013 S-42 62 Boynton Beach Code ROADWAY DESIGN STANDARDS. See: Land Development Regulations ROCK GARDENS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3I S SATELLITE EARTH STATIONS AND ANTENNAS (Pt. III, Ch. 3, Art. V, ( 12) Citizens( band (CB) and television (TV) antennae, 12F Fees, 12C Nonconforming, 12E Permits required, 12B Prohibitions, 12D Satellite earth stations, 12G Types, 12A SCHOOLS Education advisory board Creation, 2126 Duties, 2127 Meetings, 2130 Organization, 2129 Powers, 2132 Recommendations, 2128 SCREENED-ROOF ENCLOSURES Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3C SCULPTURES Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3L SEAWALLS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3O SECONDHAND DEALERS Dealing with minors, 157 SECURITY. See: Social Security SENIOR ADVISORY BOARD Creation, 2141 Duties, 2142 Meetings, 2145 Organization, 2144 Powers, 2147 Qualification, 2146 Recommendations, 2143 2013 S-42 Code Index 62A SEXUAL CONDUCT Prohibited in alcoholic beverage establishment, 36 SEXUAL OFFENDER RESIDENCY PROHIBITION Definitions, 15122 Findings and intent, 15121 Penalties; exceptions, 15123 Property owners prohibited from renting real property to certain sexual offenders and sexual predators; penalties, 15124 2015 S-45 62B Boynton Beach Code Code Index 63 SEWERS. See: Water and Sewers SHEDS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3E SIDEWALK CAFÉS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 9 SIDEWALKS. See: Streets and Sidewalks SIGN STANDARDS (Pt. III, Ch. 4, Art. IV) Abandoned signs, 8 Administration, 1C Applicability, 1D City approval required Sign permit, 2B Site plan review, 2A Community design Community design standards for all signs, 5B Community design standards for logos and icons, 5D Community design standards for specific types of signs, 5C General, 5A Conflict, 1G Exemptions, 1E Nonconforming signs Annexation of nonconforming freestanding signs, 7D Nonconforming freestanding signs at shopping centers, 7B General, 7A Repair or removal, 7C Penalties, 9 Prohibited signs Animated or fluttering sign, 3B Electronic messaging centers (EMC), 3D Mobile sign, 3E Motion picture or video sign, 3C Noise sign, 3A Non-geometric sign, 3J Off-premises sign, 3K Other, 3L Painted wall sign, 3H Roof sign, 3F Snipe sign, 3G Unauthorized sign, 3I Purpose and intent, 1B Relief from standards, 1I 2015 S-45 64 Boynton Beach Code SIGN STANDARDS (Pt. III, Ch. 4, Art. IV)(Cont'd Severability, 1H Short title, 1A Sign program General, 6A Review process, 6C Standards, 6B Standards General, 4A Permanent signs, 4C Special signs, 4D Temporary signs, 4B Terms and definitions, 1F SITE DEVELOPMENT STANDARDS (Pt. III, Ch. 4) See also: Land Development Regulations Building requirements, Art. IX Construction requirements, Art. IX Environmental protection standards, Art. I Excavation and fill regulations, Art. XI Exterior building and site design standards, Art. III Flood prevention requirements, Art. X Historic preservation requirements, Art. IX Infrastructure design standards, Art. VIII Landscape design and buffering standards, Art. II Lighting standards, exterior, Art. VII Loading standards, Art. VI Off-street parking, minimum requirements, Art. V Parking lot standards, Art. VI Roadway design standards, Art. VIII Sign standards, Art. IV Utility design standards, Art. VIII Vehicular use areas, Art. VI SMALL AND MINORITY BUSINESS ENTERPRISES Annual program review, 2216 Contract language required, 2213 Contract performance compliance procedures, 2212 Contract pre-award compliance procedures, 2209 Contracts, 2211 Counting participation of SMBEs, 2208 Definitions, 2203 Equal opportunities, 2205 General, 2201 Goals, 2207 Good faith efforts, 2210 Notice, 2217 Penalties, 2214 2011 S-36 Code Index 65 SMALL AND MINORITY BUSINESS ENTERPRISES(Cont'd Policy statement, 2202 Program administration, 2204 Program eligibility, 2206 SMBE Program Advisory Board, 2215 SOCIAL SECURITY Agreements authorized, 183 Appropriations authorized, 185 Benefits accepted, 181 Custodian, withholding and reporting agent designated, 188 Federal act adopted, 187 Firemen Adherence to regulations required, 1841 Agreements authorized, 1838 Appropriations authorized, 1840 Benefits accepted, 1837 Custodian, withholding and reporting agent designated, 1843 Federal act adopted, 1842 Personnel covered, 1837 Records required, 1841 Referendum required, 1844 Reports required, 1841 Withholdings authorized, 1839 Personnel covered, 181 Personnel excluded, 182 Policemen Adherence to regulations required, 1823 Agreements authorized, 1820 Appropriations authorized, 1822 Benefits accepted, 1819 Custodian, withholding and reporting agent designated, 1825 Federal act adopted, 1824 Personnel covered, 1819 Records required, 1823 Referendum required, 1826 Reports required, 1823 Withholdings authorized, 1821 Records required, 186 Regulations, adherence to required, 186 Reports required, 186 Withholdings authorized, 184 SOCIAL SERVICES Services for the poor or aged Disbursement of federal funds for, 212 2011 S-36 66 Boynton Beach Code SOCIETIES Persons defined to include, 12 SOLAR PHOTOVOLTAIC (PV) ARRAYS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3W SOLICITORS. See: Peddlers and Solicitors SOUND CONTROL Administration, 1510.3 Enforcement, 1510.7 Exemptions, 1510.6 Inspections, 1510.4 Penalty, 1510.7 Prohibited acts, 1510.5 Purpose, 1510.1 Short title, 1510 Terminology and standards, 1510.2 SPECIAL MAGISTRATE. See: Code Compliance Board and Special Magistrate SPECIMEN TREES Designation of, Pt. III, Ch. 4, Art. I, ( 3B SPEED LIMITS Boats and boating; speed causing harmful wake, 1693 City parks and beaches; traffic and parking regulations Speed limit generally, 1672 Construction areas, speed in, 142 STATE Defined, 12 STENCH BOMBS Stench bombs and other offensive matter, 1511 STEPS, UNENCLOSED AND UNCOVERED Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3B STONES Throwing stones, 1513 STOOPS, UNENCLOSED AND UNCOVERED Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3B STORAGE CONTAINERS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3E 2014 S-43 Code Index 67 STORES Convenience store security Definition of convenience store, 1597 Noncompliance, 15100 Requirements, 1598 Short title, 1596 Training of employees, 1599 STORMWATER SYSTEM Provisions enumerated, 26300 et seq. Water and sewers. See that title. STREET SALES. See: Peddlers and Solicitors STREETS AND SIDEWALKS. See also: Land Development Regulations Alcoholic beverages; consumption in streets prohibited, 35 Alteration. See within this title: Construction, Repair or Alteration Certain ordinances not affected by code, 18 Construction, repair or alteration (Pt. III, Ch. 4, Art. VIII, ( 3C) Access permit, streets, 3C.5.a. Medians, alterations to, 3C.5.c. Nuisance abatement, 3C.5.d. Opening permit, streets, 3C.5.b Generally, Pt. III, Ch. 4, Art. VIII, ( 3C.1 Numbers Mandatory street numbers of all buildings, 1516 Platting. See: Platting Repair. See within this title: Construction, Repair or Alteration Sidewalks, Pt. III, Ch. 4, Art. VIII, (( 3D, 4B Street designation system, Pt. III, Ch. 4, Art. VIII, ( 3C.2 Street layout and configuration, Pt. III, Ch. 4, Art. VIII, ( 3C.4 Street naming system, Pt. III, Ch. 4, Art. VIII, ( 3C.3 SUBDIVISIONS Certain ordinances not affected by code, 18 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, 1650 SWIMMING POOLS AND SPAS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3D SWITCHBLADE KNIVES Generally, 1512 2011 S-36 68 Boynton Beach Code T TAXATION, ASSESSMENTS AND FEES Casualty insurers, excise tax on, 232 Certain ordinance not effected by code, 18 Emergency medical services transportation fees and charges. See that title Fire rescue assessment. See that title Homestead exemption, additional, 2354 Property insurers, excise tax on, 233 Public service tax Electricity and gas Churches, exemption for, 2317 Collection, 2320 Computation of tax, 2319 Exemptions for governmental agencies, 2318 Fuel adjustment charge excluded from, 2315 Inspection, 2321 Levied, 2314 Records required, 2321 Water service Amount, 2328.2 Application, 2328.3 City's responsibility, 2328.4 Collection, 2328.6 Conformance with state law, 2328.9 Failure to pay, 2328.8 Fuel adjustment charge, 2328.5 Grant of authority to administer, 2328.10 Levied, 2328.1 Payment, 2328.7 Telecommunications services Amount of, 2324 Audit, 2328 Definitions, 2323 Exemptions, 2325 Remittance of to the city by seller, 2327 Seller compensation, 2326 Short title, 2322 TAXICABS. See: Vehicles for Hire TELECOMMUNICATIONS Telecommunications tax, 2322 et seq. Taxation. See that title TELECOMMUNICATIONS RIGHTS-OF-WAY. See: Communications Rights-of-Way TELECOMMUNICATION TOWERS AND ANTENNAS. See: Satellite Earth Stations and Antennas; Wireless Communication Facilities (WCF) 2015 S-45 Code Index 69 TELEVISION Community antenna television systems, 71 et seq. Community antenna television systems. See also that title Noise control, 158 et seq. Noise. See that title TERRACES, UNENCLOSED AND UNCOVERED Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3B TIME Computation of time, 12 TOWING Businesses that tow vehicles, 1321.3 TOXIC SUBSTANCES. See: Hazardous Materials, Hazardous Waste and Toxic Substances TRAFFIC Abandoned vehicles; sale, redemption of Disposition of proceeds, 148 Certain ordinances not affected by code, 18 City parks and beaches; traffic and parking regulations, 1669 et seq. Parks and recreation. See also that title Construction areas, speed in, 142 Crossings Trains blocking or obstructing, 147 Disabled parking spaces Violation, penalty, 149 Impoundment, supplemental provisions for Sale, redemption of abandoned vehicles; disposition of proceeds, 148 Intersections, dangerous. See: Red Light Infraction Enforcement Pursuant to State Law Noise control, 158 et seq. Noise. See that title Parking lots. See: Parking Lots Red zone infractions. See: Red Light Infraction Enforcement Pursuant to State Law Regulatory traffic control, 141 Signs not to constitute traffic hazard, Pt. III, Ch. 4, Art. IV, ( 4A.4 Solicitation of rides or business, 144 Stopping, standing or parking Civil penalties, 1411 Curbstoning, 1412 Liability for payment of violations, 1410 Prohibited in specified places, 145 Storage of a vehicle, 145 Traffic calming measures, 146 Trailers; parking interfering with traffic, 254 2015 S-45 70 Boynton Beach Code TRAFFIC(Cont'd Trains Blocking or obstructing crossing, 147 Whistles and/or horns of Hours during which sounding prohibited Truck parking regulated, 143 TRAILERS Boats and boat trailers, 201 et seq. Recreational vehicles, boats and boat trailers. See also that title Construction trailers, exemption for, 257 Defined, 251 Limitation on number of trailers on parcel of land, 259 Parking on streets, 252 Placing on roof or high place, 258 Private property, parking on, 256 Towing vehicle, manner of attachment to, 255 Traffic, parking interfering with, 254 Vehicle to be attached when parked on street, 253 TRAINS. See: Railroads and Trains TRASH. See: Garbage and Trash TREES. See also Vegetation City parks and beaches Climbing trees, 1648 Shrubs and trees, 1624 Environmental protection standards. See that title Landscape design and buffering standards. See that title TRELLISES Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3F TRUCKS Truck parking regulated, 143 U UNLOADING. See: Loading and Unloading UTILITIES City parks and beaches Permit required to erect structure or run utility, 1623 Design standards. See: Land Development Regulations Water and sewers, 2610 et seq. Water and sewers. See also that title 2011 S-36 Code Index 71 UTILITIES DEPARTMENT Director of utilities Administrator of department, 23 Divisions, 23 Established, 23 UTILITY TRANSMISSION LINES Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3S V VANDALISM Graffiti, 1518 VEGETATION. See also: Trees City parks and beaches Climbing trees, 1648 Shrubs and trees, 1624 Diseased plants Abatement by city Assessment and lien, 1564 Council may waive provisions of article, 1565 Declared nuisance, 1561 Definitions, 1560 Procedure, 1562 Refusing to permit entry, 1563 Environmental protection standards. See that title Landscape design and buffering standards. See that title VEHICLES. See: Motor Vehicles VEHICLES FOR HIRE Advertising, 243 Business tax receipt, 245 Compliance, 242 Definitions, 241 Drivers Chauffeurs license required, 249 Prohibited conduct, 244 Liability insurance required, 247 License fees prerequisite to continuance of operation, 248 Manifests required, 2412 Number of passengers, 2413 Receipts, duty to give, 2410 Refusal of passenger to pay; intent to defraud, 2411 Vehicle safety and operational requirements, 246 VEHICULAR USE AREAS. See: Land Development Regulations 2011 S-36 72 Boynton Beach Code VETERANS ADVISORY COMMISSION Board appointment and membership, 2188 Creation of Commission, 2185 Meetings, 2189 Organization, 2187 Powers, 2191 Procedure for enactment and voting, 2190 Purpose and duties, 2186 VICE-MAYOR. See: Mayor W WALLS. See: Fences, Wall, Hedges and Other Enclosures WATER AND SEWERS Additions. See: Extensions, Replacements and Additions Cross-connection control and backflow prevention Backflow prevention devices; when required; specifications, 26208 Definitions, 26207 Fees, 26210 General, 26206 Permits, 26210 Program administration, installation, maintenance, certification, 26209 Short title, 26205 Violations and penalties Notice of violations; failure to remedy, 26211 Penalties, 26212 Extensions, replacements and additions Approval of plans by state, 2612 Building permit for development Approval of utility service provision prerequisite to, 2615 Certification that bills paid Prerequisite to approval by city, 2614 Definitions, 2610 Development permit Prerequisites to approval, 2616 Expansion of water and sewer systems Additional charge, 2635 Approval, 2629 Capital facilities charges and connection charges, 2634 Construction standards, 2633 Design standards, 2632 Feasibility study, 2628 Financing, 2631 Proposal, 2629 Responsibility for design, 2630 Scope, 2627 2014 S-43 Code Index 73 WATER AND SEWERS(Cont'd Extensions, replacements and additions(Cont'd Plans and specifications to be approved by city officers, 2611 Supervision when work not done by city Deposit required, 2613 Industrial and commercial waste Abbreviations, 2115 Admission of industrial and commercial waste, 26146 Application, 26114 Barricades and lights around sewer excavations, 26139 Building sewer specifications, 26135 Compliance with provisions or more stringent regulations, 26116 Compliance with state department of environmental regulation and other current regulations, 26128 Connecting building sewer to private sewage disposal system, 26125 Connecting private sewage disposal system to public sewer, 26129 Costs and expense of installation and connection of building sewer; indemnification, 26132 County to inspect installations, 26127 Damaging or tampering with sewage works, 26124 Definitions, 26115 Depositing objectionable wastes on public and private property, 26119 Disposal of sewage other than through regional facilities, 26117 Gravity flow of building drain to public sewers, 26136 Inspection of connection to public sewer, 26138 Interceptors, 26144 Maintaining flowequalizing facilities and/or interceptors for preliminary pretreatment, 26145 Maintenance of private sewage disposal facilities, 26130 National categorical pretreatment standards Application of more stringent requirements; city shall notify effective users, 26149 City(s right of revision, 26150 Compliance, 26148 Excessive discharge, 26151 Notice to employees in event of dangerous discharge; emergency notification procedure, 26154 Notification of the discharge of hazardous waste, 26155 Prevention of accidental and slug discharges, 26152 Written report required describing cause of discharge, 26153 Natural outlets, discharging into, 26120 Noncompliance, right to refuse waste upon, 26118 Oil and grease management and surcharge programs, 26147 Old building sewers, use with new buildings, 26134 Permits Waste discharge permits. See within this subtitle that subject Policy and scope, 26113 Pretreatment, equalization of waste flow, 26143 Privies, septic tanks and other facilities, 26121 Prohibited discharges to sewers, 26142 Purpose, 26112 Remedies. See within this subtitle: Violations; Remedies 2014 S-43 74 Boynton Beach Code WATER AND SEWERS(Cont'd Industrial and commercial waste(Cont'd Reporting, inspections and monitoring Compliance reporting requirements, 26156 Information and data to be made available, 26159 Inspection and sampling, 26158 Other reporting requirements, 26157 Separate building sewer provided for every building, 26133 Storm sewer system, discharge prohibited in, 26123 Stormwater and other unpolluted drainage, discharge of, 26141 Suitable toilet facilities, 26122 Surface runoff or groundwater, 26137 User charge and industrial cost recovery system Application of surcharge over standard and use fee, 26163 Industrial cost recovery system, 26164 Notice of violation; liability for expense, loss or damage, 26166 Publication of users and significant noncompliance, 26170 Responsibility for treatment and disposal, 26167 Review and amendment on annual basis, 26165 Right to enter premises and obtain information concerning discharges, 26168 Suspension of wastewater treatment service Notice to stop; discharge; failure to comply, 26169 User charges; wholesale sewer rates; calculation of sewer surcharge, 26162 Violations; remedies Enforcement plan, 26175 False statements of prohibited, 26171 Legal action against use for appropriate relief, 26173 Penalties, 26176 Remedies, 26176 Retention of records required, 26174 Show cause hearing, 26172 Waste discharge permits Application for, 26161 Special permit required; term, 26160 Wastes discharged into sanitary sewers to meet criteria, 26140 Work to be done by qualified licensee, 26126 Written permit required for use of public sewer Application; fee, 26131 Rates and charges re water and wastewater, 269 Replacement. See: Extensions, Replacements and Additions Reclaimed water Adoption of Chapter 62610, Florida Administrative Code, 26504 Applicability, 26501 Approved uses of, 26512 Authority and purpose, 26500 City responsibility for delivery of, 26515 Definitions, 26503 Fees, rates and charges, 26508 2013 S-41 Code Index 75 WATER AND SEWERS(Cont'd Reclaimed water(Cont'd Objective, 26502 Penalty, 26521 Potable water Prohibitions on use of, 26513 Shallow potable wells, 26518 Prohibitions on use of, 26513 Reclaimed water system Connection to, 26506 Control of backflow and cross connection 26510 Damage to, 26511 Inspections, 26509 Interruption and/or discontinuation of service, 26514 Location of service lines, 26516 Prohibitions on use of, 26513 Runoff control, 26520 Use of for purposes other than irrigation, 26519 Use of within the City's utility service area, 26505 Water meters Access to, 26507 Requirements, 26517 Sewers Connection, deposit and service charges, 268 Connections required, 2657 Figure defined, 2656 Free service prohibited, 2660 Industrial and commercial waste. See within this title that subject Industrial sewage Additional charge for and treatment of, 2659 Service charges, collection of, 2661 Trespass on property of system, 2662 Stormwater system Definitions, 26301 Enforcement Continuing violations, 26305(b) Enforcement actions, 26305(c) Injunctive relief, 26305(a) Illicit discharges Administrative order, 26303(e) Authorized exceptions, 26303(c) General prohibitions, 26303(a) Illicit connections, 26303(d) Specific prohibitions, 26303(b) Industrial activity Administrative orders, 26302(c) General prohibitions, 26302(a) 2011 S-36 76 Boynton Beach Code WATER AND SEWERS(Cont'd Stormwater system(Cont'd Industrial activity(Cont'd NPDES permits, 26302(d) Specific prohibitions, 26302(b) Inspections and monitoring Authority for inspections, 26306(a) Authority for monitoring and sampling, 26306(b) Requirements for monitoring, 26306(c) Purpose and intent, 26300 Spills and dumping Administrative order, 26304(d) General prohibitions, 26304(a) Notification of spills, 26304(c) Specific prohibitions, 26304(b) Stormwater utility fees Adjustment of fees, 26405 Billing and payment; penalties, 26404 Capital contributions, 26406 Definitions, 26401 Program administration, 26407 Purpose and intent, 26400 Schedule of rates, 26403 Stormwater management utility fee, 26402 Stormwater utility enterprise fund, 26408 Water and sewer deposits Accounts, credits, termination and re-connection, 268.1 Water connection, deposit and service charges, 268 Water shortage plan Applicability of provisions, 2640 Declaration of water shortage or water shortage emergency, 2642 Definitions, 2639 Enforcement of provisions, 2643 Incorporation of plan and amendments thereto into City Code, 2641 Intent and purpose of provisions, 2638 Violations; penalties, 2644 Water users required to accept regulations as condition of obtaining water service, 2645 WEAPONS. See: Firearms and Weapons WINDMILLS Supplemental zoning regulations, Pt. III, Ch. 3, Art. V, ( 3X WINE. See: Alcoholic Beverages 2011 S-36 Code Index 77 WIRELESS COMMUNICATION FACILITIES (WCF) (Pt. III, Ch. 3, Art. V, ( 13) Administration, 13A.2 Annual registration and certification Continued structural integrity, 13I.1 Failure to file, 13I.2 Applicability, 13A.3 Approval process Administrative approval, 13F.2 City Commission approval, 13F.3 Conditions of approval, 13F.5 Pre-application meeting, 13F.1 Review criteria, 13F.4 Attached WCF Concealed, 13C.1 Non-concealed, 13C.2 Exemptions, 13A.4 Freestanding WCF Antenna element replacement or repair, 13D.5 Co-location, 13D.6 Concealed, 13D.2 Generally, 13D.1 Mitigation of existing WCF, 13D.4 Non-concealed, 13D.3 General standards Additional uses on lot, 13B.2 District height limitations, 13B.3 Equipment cabinets, 13B.4 Equipment compound enclosure, 13B.5 Generators, 13B.10 Hazardous location, 13B.12 Landscaping, 13B.6 Lighting, 13B.9 Parking, 13B.7 Pre-existing WCF, 13B.1 Signage, 13B.8 Structural standards, 13B.11 Inspection, 13K Interference with public safety WCF Notification, 13H.1 Reimbursement, 13H.2 Publicly-owned property Agreement, 13G.1 Occupancy or use, 13G.2 Purpose and intent, 13A.1 Removal of abandoned, unused, or unsafe WCF Exceptions, 13J.4 Notice of abandonment, 13J.1 2015 S-45 Repl. 78 Boynton Beach Code WIRELESS COMMUNICATION FACILITIES (WCF) (Pt. III, Ch. 3, Art. V, ( 13)(Cont'd Removal of abandoned, unused, or unsafe WCF(Cont'd Notice of different provider, 13J.2 Proposal for transfer to city, 13J.3 Submittal requirements, 13E Terms and definitions, 13A.5 WIRES. See: Poles and Wires WORKFORCE HOUSING PROGRAM (Pt. III, Ch. 1, Art. V, ( 2) Applicability, 2B Findings, 2A For-sale housing units, 2F Monitoring and compliance, 2H Off-site options, 2D Provisions, 2C Rental housing units, 2E Resale requirements, 2G WRECKED VEHICLES. See: Abandoned Property Z ZONING (Miscellaneous) Certain ordinances not affected by code, 18 Director of planning and zoning, Pt. III, Ch. 1, Art. VII, ( 2 Land development regulations. See: Land Development Regulations (Pt. III) Planning and development board, Pt. III, Ch. 1, Art. VII, ( 3 ZONING (Pt. III, Ch. 3) Accessory buildings, Art. II, ( 7 Calculating required living area for residential, Art. II, ( 9 Collection sites (See Temporary buildings and collection sites) Districts and overlay zones, Art. III Commercial districts C1 office and professional commercial district, 3A C2 neighborhood commercial district, 3B C3 community commercial district, 3C C4 general commercial district, 3D CBD central business district, 3E PCD planned commercial development district, 3F Industrial districts M1 industrial district, 6A PID planned industrial development district, 6B Miscellaneous districts PU public usage district, 7B REC recreation district, 7A 2011 S-38 Code Index 79 ZONING (Pt. III, Ch. 3)(Cont'd Districts and overlay zones, Art. III(Cont'd Mixed use (urban) districts Building and site regulations, 5C General, 5A Miscellaneous, 5F Parking, 5E Review and approval process, 5D Uses allowed, 5B Overlay zones Downtown TransitOriented Development District (DTODD) Overlay Zone, 8E Martin Luther King Jr. Boulevard Overlay Zone, 8B Ocean Avenue Overlay Zone (OAOZ), 8D Urban Commercial District Overlay Zone, 8C Urban Central Business District Overlay Zone, 8A Overview General, 1A Mixed use suburban building and site regulations, 1D Mixed use urban building and site regulations, 1E Nonresidential building and site regulations, 1C Residential building and site regulations, 1B Penalties, 9 Residential districts IPUD infill planned unit development district, 2G MHPD mobile home planned development district, 2I PUD planned unit development district, 2H R1 singlefamily residential district, 2D R1A singlefamily residential district, 2C R1AA singlefamily residential district, 2B R1AAB singlefamily residential district, 2A R2 single and twofamily residential district, 2E R3 multifamily residential district, 2F SMU mixeduse suburban district Additional use regulations, 4C Building and site regulations, 4D General, 4A Miscellaneous, 4H Modifications, 4G Parking, 4F Review and approval process, 4E Use(s) allowed, 4B Frontage, Art. II Corner lots, 2A Cul-de-sac, 2C Through-lots, 2B Height/density, Art. II, ( 4 2015 S-45 80 Boynton Beach Code ZONING (Pt. III, Ch. 3)(Cont'd Overview, Art. I Authority, 3 Official zoning map Adoption, 4A Establishment of zoning districts, 4C Updates, 4B Zoning district boundaries, 4D Relationship to adopted plans, guidelines, or other regulations, 5 Scope, 2 Use of terms, 1 Penalties, Art. II, ( 10 Principal buildings, Art. II, ( 3 Supplemental regulations, Art. V Administration, 1B Applicability, 1C Common building appurtenances, freestanding structures, and site amenities, excluding walls and fences Agricultural structures, 3Y Arbors, trellises, and pergolas, 3F Barbecue pits, 3H Building appurtenances, 3A Compost bin or tumbler, 3U Decks, patios, steps, stoops, and terraces (unenclosed and uncovered), 3B Electric vehicle (EV) charging station, 3Z Fish and lily ponds, 3K Flags and flagpoles, 3N Fountains, sculptures, and miscellaneous art, 3L Garden, 3J Generators and fuel tanks, 3T Heating, ventilation, and air conditioner (HVAC) units, 3R Light poles and portable landscape lighting, 3P Mailboxes, 3Q Miscellaneous, 3AA Open air structures and gazebos, 3G Playground equipment, 3M Rain barrel, 3V Rock gardens, 3I Screenedroof enclosures, 3C Seawalls, bulkheads, docks, and piers, 3O Sheds and storage containers, 3E Solar photovoltaic (PV) arrays, 3W Swimming pools and spas, 3D Utility transmission lines, 3S Windmills and small wind energy systems (SWES), 3X Conflict, 1E 2015 S-45 Code Index 81 ZONING (Pt. III, Ch. 3)(Cont'd Supplemental regulations, Art. V(Cont'd Dogs in outdoor portions of public food service establishments, 14 City approval required, 14B General, 14A Standards, 14C Merchandise, exterior display of Districts, 5A Hours of display, 5D Miscellaneous, 5E Onsite location, 5C Type of merchandise, 5B Merchandise and equipment, permanent exterior storage of Districts, 8B Onsite location, 8E Purpose and intent, 8A Screening, 8G Site plan required, 8C Size, 8F Type of merchandise/equipment, 8D Mobile vendor regulations Approval required, 10C Compatibility, 10E Definitions, 10B Display, 10J Districts, 10D Emergencies, 10K Fees, 10N Location criteria, 10F Maintenance, 10H Prohibitions, 10L Purpose and intent, 10A Removal, 10G Separation, 10I Specific regulations by type of MVU, 10M Nonconforming regulations Buildings and structures, 11B Certificate of conformity, 11G Lots and parcels, 11A Newsracks, 11C Satellite earth stations and antennas, 11E Signs, 11D Uses, 11F Penalties, 15 Purpose and intent, 1A Relief from regulations, 1F Rules, 1D 2012 S-40 82 Boynton Beach Code ZONING (Pt. III, Ch. 3)(Cont'd Supplemental regulations, Art. V(Cont'd Sale of used merchandise, 4 Satellite earth stations and antennas Citizens' band (CB) and television (TV) antennae, 12F Fees, 12C Nonconforming, 12E Permits required, 12B Prohibitions, 12D Satellite earth stations, 12G Types, 12A Seasonal sales event Approval required, 7C Districts, 7B Hours of display, 7E Onsite location, 7D Purpose and intent, 7A Sidewalk cafés Applicability, 9C Approval required, 9B Definitions, 9A Liability and insurance, 9E Penalties, 9F Recovery of unpaid fines, 9G Regulations, 9D Special sales event Approval required, 6C Districts, 6B Hours of display, 6F Onsite location, 6E Purpose and intent, 6A Type of merchandise, 6D Walls and fences Attachments, 2E Buffer walls, 2H Construction sites, 2F Crossvisibility and safe sight, 2B Dangerous materials, 2D Design, 2C Easements, 2G Location and height, 2A Low voltage security fencing, 2I Wireless communication facilities (WCF) Annual registration and certification, 13I Approval process, 13F Attached WCF, 13C Freestanding WCF, 13D General provisions, 13A 2012 S-40 Code Index 83 ZONING (Pt. III, Ch. 3)(Cont'd Supplemental regulations, Art. V(Cont'd Wireless communication facilities (WCF) (Cont(d) General standards, 13B Inspection, 13K Interference with public safety WCF, 13H Publicallyowned property, 13G Removal of abandoned, unused, or unsafe WCF, 13J Submittal requirements, 13E Temporary buildings and collection sites, Art. II, ( 8 Emergency housing, 8B Emergency solid waste collection sites, 8C In connection with construction activity, 8A Use, Art. II, ( 1 Use regulations, Art. IV Conditional uses Applicability, 4A Definition, 4B Standards for evaluating conditional uses, 4C Hazardous/toxic waste and substances Depressed truck wells, 2C Fire department hazardous material disclosure form, 2A Hazardous materials response plan, 2D Spill containment system, 2B Non-conforming uses Change of use, 5D Definition, 5A Discontinuance, 5E Existing uses, 5B Non-conforming lots/structures, 5F Non-conforming use limitations, 5C Operational performance standards Electromagnetic interference, 1I Fire and explosions, 1F Heat, humidity, and glare, 1G Noise, 1A Odor, 1D Particulate matter, 1C Toxic matter, 1E Vibrations, 1B Waste, 1H Penalties, 6 Use regulations General, 3A General rules of use matrix, 3B Use matrix ( Table 328, 3D Use matrix legend, 3C 2012 S-40 84 Boynton Beach Code ZONING (Pt. III, Ch. 3)(Cont'd Visual obstructions, Art. II, ( 6 Yards/open space, Art. II, ( 5  2012 S40