HomeMy Public PortalAboutPRR 17-2595RECORDS REQUEST (the “Request”)
Date of Request: _______________
Requestor’s Request ID#: __________________
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR: __ Martin E. O’Boyle _______________________________
REQUESTOR’S CONTACT INFORMATION: E-Mail: records@commerce-group.com
Fax: 954-360-0807 or Contact Records Custodian at records@commerce-group.com;
Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST: Please provide all records related to any ordinances, policies, rules or regulations applicable
to the installation of (what are commonly referred to as) “docks” in the Town of Gulf Steam for the
period on or before January 1, 1982.
ADDITIONAL INFORMATION REGARDING REQUEST: _________________________________
___________________________________________________________________________________
___________________________________________________________________________________
THIS REQUEST IS MADE PURSUANT TO ARTICLE I, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119,
FLORIDA STATUTES
IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE
PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED.
SEE §119.01(2)(F), FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS
RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES
SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2)
ALSO PLEASE TAKE NOTE OF §119.07(1)(H) OF THE FLORIDA STATUTES, WHICH PROVIDES THAT “IF A CIVIL ACTION
IS INSTITUTED WITHIN THE 30-DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO
THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY
ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES.”
ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E-MAIL DELIVERY.
PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE.
It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01
(Definitions)), in advance of any costs imposed to the Requestor by the Agency.
“BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS
ARE “PUBLIC RECORDS” AS DEFINED IN CHAPTER 119, FLORIDA STATUTES”.
IN CONNECTION WITH ANY RECORDS WITHHELD, NOT PRODUCED OR REDACTED, PLEASE PROVIDE US WITH A
“PRIVILEGE LOG” AND/OR THE BASIS (PURSUANT TO CHAPTER 119 OF THE FLORIDA STATUTES) FOR ANY SUCH
RECORDS WITHHELD, NOT PRODUCED OR REDACTED.
I/P/NP/FLRR
10.20.2017
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
November 9, 2017
Martin E. O’Boyle [e-mail to: records@commerce-group.com]
Re: GS #2595 (PRR 1897)
Please provide all records related to any ordinances, policies, rules or regulations applicable to
the installation of (what are commonly referred to as) “docks” in the Town of Gulf Steam for the
period on or before January 1, 1982.
Dear Martin E. O’Boyle [e-mail to: records@commerce-group.com]:
The Town of Gulf Stream has received your public records request dated November 7, 2017. The
original public records request can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/113833/Page1.aspx
Please be advised that the Town of Gulf Stream is currently working on a number of incoming
public records requests. The Town will use its very best efforts to respond to you in a reasonable
amount of time with the appropriate response or an estimated cost to respond.
Sincerely,
Reneé Rowan Basel
As requested by Rita Taylor
Town Clerk, Custodian of the Records
Renee Basel
From:Renee Basel
Sent:Monday, November 13, 2017 9:50 AM
To:'Records'
Subject:Oops!
Attachments:GS #2595 (PRR 1897)_intake.pdf
Good morning, Mr. O’Boyle:
I attached the wrong letter last week. Please find the correct one attached.
Sincerely,
Reneé Rowan Basel
Executive Administrative Assistant
Town of Gulf Stream
100 Sea Road
Gulf Stream FL 33483
561.276.5116
561.737.0188-fax
www.gulf-stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
1
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
November 9, 2017
Martin E. O’Boyle [e-mail to: records@commerce-group.com]
Re: GS #2595 (PRR 1897)
Please provide all records related to any ordinances, policies, rules or regulations applicable to
the installation of (what are commonly referred to as) “docks” in the Town of Gulf Steam for the
period on or before January 1, 1982.
Dear Martin E. O’Boyle [e-mail to: records@commerce-group.com]:
The Town of Gulf Stream has received your public records request dated November 7, 2017. The
original public records request can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/113833/Page1.aspx
The Town will use its very best efforts to respond to you in a reasonable amount of time with the
appropriate response or an estimated cost to respond.
Sincerely,
Reneé Rowan Basel
As requested by Rita Taylor
Town Clerk, Custodian of the Records
CODE OF ORDINANCES
TOWN OF
GULF STREAM, FLORIDA
GENERAL ORDINANCES OF THE TOWN
Adopted, June 9, 1978
Effective, June 19, 1978
Published by Order of the Town Commission
MUNICIPAL CODE CORPORATION
CTallahassee, Florida 1978
SUPPLEMENT NO.3
CODE OF ORDINANCES
Town of
GULF STREAM, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable
to be included at this time through:
Ordinance No. 81-2, enacted June 12, 1981.
See Code Comparative Table, page 1473.
Remove old pages
Insert new pages
xiii, xiv
xiii, xiv
[l]
[1]
815 through 820
815 through 825
1309
1309
1473
1473
Index pages Index pages
1487, 1488 1487, 1488, 1488.1
1491 through 1494 1491 through 1494
1499, 1500 1499, 1500
Insert this instruction sheet in front of volume. File deleted
pages for reference.
MUNICIPAL CODE CORPORATION
Tallahassee, Florida
August, 1981
Note—For checklist of up-to-date pages in Code, see page
[1] following Table of Contents.
OFFICIALS
of the
Town of
GULF STREAM, FLORIDA
AT THE TIME OF THIS CODIFICATION
William F. Koch, Jr.
Mayor
Joan S. LaPorte
Lindley S. Bettison
Evans M. Clements
Joe Hunter
Town commissioners
John C. Randolph
Town Attorney
William E. Gywn
Town Manager
Barbara Gywn
Deputy Town Clerk
iii
P R E F A C E
T h i s C o d e c o n s t i t u t e s a c o m p l e t e c o d i f i c a t i o n o f t h e
o r d i n a n c e s o f G u l f S t r e a m o f a g e n e r a l a n d p e r m a n e n t
n a t u r e e n a c t e d b y t h e T o w n C o m m i s s i o n a n d i s t h e f i r s t
s u c h c o d i f i c a t i o n f o r t h e T o w n o f G u l f S t r e a m . A s e x p r e s s e d
i n t h e A d o p t i n g O r d i n a n c e , t h i s C o d e s u p e r s e d e s a l l
o r d i n a n c e s n o t i n c l u d e d h e r e i n o r e x p r e s s l y s a v e d f r o m
r e p e a l b y t h e A d o p t i n g O r d i n a n c e .
T h e c h a p t e r s o f t h e C o d e a r e a r r a n g e d i n a l p h a b e t i c a l
o r d e r a n d t h e s e c t i o n s w i t h i n e a c h c h a p t e r a r e c a t c h l i n e d t o
f a c i l i t a t e u s a g e . F o o t n o t e s w h i c h t i e r e l a t e d s e c t i o n s o f t h e
C o d e t o g e t h e r a n d w h i c h r e f e r t o r e l e v a n t p r o v i s i o n s o f t h e
s t a t e l a w h a v e b e e n i n c l u d e d . A t a b l e l i s t i n g t h e s t a t e l a w
c i t a t i o n s s e t t i n g f o r t h t h e i r l o c a t i o n w i t h i n t h e C o d e v o l u m e
i s i n c l u d e d a t t h e b a c k o f t h i s v o l u m e . T h e s o u r c e o f e a c h
s e c t i o n i s i n d i c a t e d b y t h e h i s t o r y n o t e a p p e a r i n g i n
p a r e n t h e s e s a t t h e e n d t h e r e o f . T h e a b s e n c e o f s u c h a n o t e
i n d i c a t e s t h a t t h e s e c t i o n i s n e w a n d w a s a d o p t e d f o r t h e
f i r s t t i m e w i t h t h e a d o p t i o n o f t h e C o d e . B y u s e o f t h e
C o m p a r a t i v e T a b l e a l s o a p p e a r i n g i n t h e b a c k o f t h e
v o l u m e , a n y o r d i n a n c e i n c l u d e d h e r e i n c a n b e r e a d i l y f o u n d
i n t h e C o d e .
N u m b e r i n g S y s t e m
T h e n u m b e r i n g s y s t e m u s e d i n t h i s C o d e i s t h e s a m e
s y s t e m u s e d i n m a n y s t a t e a n d m u n i c i p a l c o d e s . E a c h
s e c t i o n n u m b e r c o n s i s t s o f t w o c o m p o n e n t p a r t s s e p a r a t e d
b y a d a s h , t h e f i g u r e b e f o r e t h e d a s h r e p r e s e n t i n g t h e
c h a p t e r n u m b e r a n d t h e f i g u r e a f t e r t h e d a s h i n d i c a t i n g t h e
p o s i t i o n o f t h e s e c t i o n w i t h i n t h e c h a p t e r . T h u s , t h e f i r s t
s e c t i o n o f C h a p t e r 1 i s n u m b e r e d 1 - 1 a n d t h e t h i r d s e c t i o n
o f C h a p t e r 6 i s 6 - 3 . U n d e r t h i s s y s t e m e a c h s e c t i o n i s
i d e n t i f i e d w i t h i t s c h a p t e r a n d , a t t h e s a m e t i m e , n e w
s e c t i o n s o r e v e n w h o l e c h a p t e r s c a n b e i n s e r t e d i n t h e i r
p r o p e r p l a c e s , s i m p l y b y u s i n g t h e d e c i m a l s y s t e m f o r
a m e n d m e n t s . B y w a y o f i l l u s t r a t i o n : I f n e w m a t e r i a l
c o n s i s t i n g o f t h r e e s e c t i o n s t h a t w o u l d l o g i c a l l y c o m e
b e t w e e n S e c t i o n s 6 - 4 a n d 6 - 5 i s d e s i r e d t o b e a d d e d , s u c h
v
new sections would be numbered 6-4.1, 6-4.2, 6-4.3
respectively. New chapters may be included in the same
manner. If the new material is to be included between
Chapters 9 and 10 it will be designated as Chapter 9.1. Care
should be taken that the alphabetical arrangement of
chapters is maintained when including new chapters. New
articles and new divisions may be included in the same way
or, in the case of articles, may be placed at the end of the
article embracing the subject, the next successive number
being assigned to the article or division.
Index
The index has been prepared with the greatest of care.
Each particular item has been placed under several
headings, some of the headings being couched in lay
phraseology, others in legal terminology, and still others in
language generally used by municipal officials and employ-
ees. There are numerous cross references within the index
which stand as guideposts to direct the user to the
particular item in which he is interested.
Looseleaf Supplements 1
.e
A special feature of this Code is the looseleaf system of
binding and supplemental service, by which the Code will be
kept up-to-date periodically. Upon the final passage of
amendatory ordinances, they will be properly edited and the
page or pages affected will be reprinted. These new pages
will be distributed to the holders of the Code with
instructions for the manner of inserting the new pages and
deleting the obsolete pages. Each such amendment, when
incorporated into the Code, may be cited as a part thereof,
as provided in Section 4 of the Adopting Ordinance.
The successful maintenance of this Code up-to-date at all
times will depend largely upon the holder of the volume. As
revised sheets are received it will then become the
responsibility of the holder to have the amendments inserted
according to the attached instructions. It is strongly
recommended by the publishers that all such amendments
be inserted immediately upon receipt to avoid misplacing
them, and in addition, that all deleted pages be saved and
filed for historical reference purposes.
vi
Acknowledgments
The publication of this Code was under the direct
supervision of George R. Langford, President and Durwood
Caudill, Editor, of the Municipal Code Corporation, Talla-
hassee, Florida. Credit is gratefully given to the other
members of the publisher's staff for their sincere interest
and able assistance throughout the project.
The publishers are most grateful to the officials of the
Town for their cooperation and advice during the progress
of the work on this Code.
June, 1978
MUNICIPAL CODE CORPORATION
Tallahassee, Florida
vii
��. . ' O R D I N A N C E N O . 7 7 - 4
A n O r d i n a n c e A d o p t i n g a n d E n a c t i n g a N e w C o d e o f
O r d i n a n c e s o f t h e T o w n o f G u l f S t r e a m , F l o r i d a ;
E s t a b l i s h i n g t h e S a m e ; P r o v i d i n g f o r t h e R e p e a l o f
C e r t a i n O r d i n a n c e s N o t I n c l u d e d T h e r e i n , E x c e p t a s
H e r e i n E x p r e s s l y P r o v i d e d , P r o v i d i n g f o r t h e M a n n e r o f
A m e n d i n g S u c h C o d e o f O r d i n a n c e s , a n d P r o v i d i n g W h e n
T h i s O r d i n a n c e S h a l l B e c o m e E f f e c t i v e .
B e I t O r d a i n e d b y t h e T o w n C o m m i s s i o n o f t h e T o w n o f
G u l f S t r e a m , F l o r i d a :
S e c t i o n 1 . T h a t t h i s o r d i n a n c e c o n s i s t i n g o f C h a p t e r s 1
t h r o u g h 1 0 , i n c l u s i v e , i s h e r e b y a d o p t e d a n d e n a c t e d a s t h e
" C o d e o f O r d i n a n c e s o f t h e T o w n o f G u l f S t r e a m , F l o r i d a , "
s h a l l b e t r e a t e d a n d c o n s i d e r e d a s a n e w a n d o r i g i n a l
c o m p r e h e n s i v e o r d i n a n c e w h i c h s h a l l s u p e r s e d e a l l o t h e r
g e n e r a l a n d p e r m a n e n t o r d i n a n c e s p a s s e d b y t h e T o w n
C o m m i s s i o n o n o r b e f o r e M a r c h 1 2 , 1 9 7 6 , e x c e p t s u c h a s b y
r e f e r e n c e t h e r e t o a r e e x p r e s s l y s a v e d f r o m r e p e a l o r
c o n t i n u e d i n f o r c e a n d e f f e c t f o r a n y p u r p o s e .
S e c t i o n 2 . T h a t a l l p r o v i s i o n s o f s u c h C o d e s h a l l b e i n
f u l l f o r c e a n d e f f e c t f r o m a n d a f t e r ? , 1 9 7 , a n d a l l
o r d i n a n c e s o f g e n e r a l a n d p e r m a n e n t n a t u r e o f t h e T o w n o f
G u l f S t r e a m , e n a c t e d o n f i n a l p a s s a g e o n o r b e f o r e M a r c h
1 2 , 1 9 7 6 , a n d n o t i n s u c h C o d e o r r e c o g n i z e d a n d c o n t i n u e d
i n f o r c e b y r e f e r e n c e t h e r e i n a r e h e r e b y r e p e a l e d f r o m a n d
a f t e r t h e e f f e c t i v e d a t e o f s u c h C o d e , e x c e p t a s h e r e i n a f t e r
p r o v i d e d .
S e c t i o n 3 . T h a t t h e r e p e a l p r o v i d e d f o r i n S e c t i o n 2
h e r e o f s h a l l n o t a f f e c t a n y o f f e n s e o r a c t c o m m i t t e d o r d o n e
o r a n y p e n a l t y o r f o r f e i t u r e i n c u r r e d o r a n y c o n t r a c t o r r i g h t
e s t a b l i s h e d o r a c c r u i n g b e f o r e t h e e f f e c t i v e d a t e o f s u c h
C o d e ; n o r s h a l l s u c h r e p e a l a f f e c t a n y o f t h e f o l l o w i n g :
( a ) A n y o r d i n a n c e o r r e s o l u t i o n p r o m i s i n g o r g u a r a n t e e -
i n g t h e p a y m e n t o f m o n e y f o r t h e T o w n , o r
a u t h o r i z i n g t h e i s s u a n c e o f a n y b o n d s o f t h e T o w n o r
i x
any evidence of the Town's indebtedness, or any
contract or obligation assumed by the Town;
(b) Any administrative ordinances or resolutions of the
Town not in conflict or inconsistent with the
provisions of such Code;
(c) Any right or franchise granted by any ordinance of
the Town;
(d) Any ordinance dedicating, naming, establishing,
locating, relocating, opening, paving, widening, vacat-
ing, etc., any street or public way in the Town;
(e) Any appropriation ordinances;
(f) Any ordinances levying or imposing taxes;
(g) Any zoning ordinance or any amendment thereto;
(h) Any ordinance establishing or prescribing grades in
the Town;
(i) Any ordinance providing for local improvements and
making assessments therefor;
(j) Any subdivision ordinance or amendment thereto;
(k) Any ordinance extending or contracting the bounda-
ries of the Town;
(1) Any ordinance establishing the boundaries of any
wards in the Town;
(m) Any ordinance regulating or restricting traffic or
parking on particular streets or in particular places;
(n) Such repeal shall not be construed to revive any
ordinance or part thereof that has been repealed by a
subsequent ordinance which is repealed by this
ordinance.
Section 4. That any and all additions or amendments to
such Code, when passed in such form as to indicate the
intention of the Town to make the same a part thereof, shall
be deemed to be incorporated in such Code so that reference
to the "Code of Ordinances of the Town of Gulf Stream,
Florida" shall be understood and intended to include such
additions and amendments.
x
Section 6. That a copy of such Code shall be kept on file
in the office of the Town Clerk, preserved in looseleaf form.
It shall be the express duty of the Town Clerk or someone
authorized by him to insert in their designated places all
amendments or ordinances which indicate the intention of
the Town Commission to make the same a part of such Code
when the same have been printed or reprinted in page form,
and to extract from such Code all provisions which may
from time to time be repealed by the Town Commission.
This copy of such Code shall be available for all persons
desiring to examine the same and shall be considered the
official Code of Ordinances of the Town of Gulf Stream.
Section 6. Whenever in said Code or in any ordinance of
the Town or any act is prohibited or is made or declared to
be unlawful or a misdemeanor, or whenever in such Code or
ordinance the doing of any act is required or the failure to
do any act is declared to be unlawful, where no specific
penalty is provided therefor, the violation of any such
provision of this Code or any ordinance shall be punished
by a fine of not more than one hundred dollars ($100.00) or
by imprisonment not to exceed one (1) month, or the
discretion of the court. Each day any violation of any
provisions of this Code or of any ordinance shall continue
shall constitute a separate offense.
Section 7. That in case of the amendment of any section
of such Code for which a penalty is not provided, the
general penalty as provided in Section 1-8 of such Code
shall apply to the section as amended or in case such
amendment contains provisions for which a penalty, other
than the aforementioned general penalty, is provided in
another section in the same chapter, the penalty so provided
in such other section shall be held to relate to the section so
amended, unless such penalty is specifically repealed
therein.
Section 8. That it shall be unlawful for any person, firm
or corporation in the Town to change or amend by additions
or deletions, any part or portion of such Code, or to insert or
delete pages or portions thereof, or to alter or tampei with
such Code in any manner whatsoever which will cause the
law of the Town of Gulf Stream to be misrepresented
thereby. Any person, firm or corporation violating this
xi
Y
section shall be punished as provided in Section 6 of this
ordinance and Section 1-8 of the Code of Ordinances of the
Town of Gulf Stream, Florida.
Section 9. That all ordinances or parts of ordinances in
conflict herewith are, to the extent of such conflict, hereby
repealed.
Section 10. That this ordinance shall be in full force and
effect from and after its passage, approval and publication
according to law.
ATTEST:
/s/ Barbara J. Gwyn
Deputy Town Clerk
PASSED: June 9, 1978
APPROVED: June 9, 1978
PUBLISHED: May 25, 1978
APPROVED:
/s/ William F. Koch, Jr.
Mayor
xii
TABLE OF CONTENTS
Page
Officials of Town ..................
...
Preface.........................................
v
Adopting Ordinance .............................
is
Checklist of Up -to -Date Pages ...................
[1]
PART
CHARTER
Charter........................................
1
Art. I. Creation and Powers ...............
1
Art. II. Corporate Limits .................
1
Art. III. Legislative ......................
3
Art. IV. Administrative ...................
6
Art. V. Nominations and Elections ........
6
Art. VI. Transition Schedule ..............
8
PART II
CODE OF ORDINANCES
Chapter
1. General Provisions ..........................
141
2. Administration .............................
197
3. Animals and Fowl ...........................
297
4. Buildings and Building Regulations ...........
399
5. Elections ................................... 501
6. Flood Control ............................... 603
Art. I. In General ........................ 603
Art. II. Flood Hazard Areas ............... 603
Div. 1. Generally .................... 603
Div. 2. Administration and Enforce-
ment ........................ 610
Div. 3. Provisions for Flood Hazard
Reduction .................... 614
Supp, No. 3
Xili
GULF STREAM CODE
Chapter
Page
7. Licenses and Business Regulations............
707
Art. I. In General ........................
707
Art. II. Solicitors ........................
709
8. Offenses and Miscellaneous Provisions ........
815
Art. I. In General ........................
815
Art. II. Watercraft .......................
819
Art. III. Alarm Systems ..................
821
Div. 1. Generally ....................
821
Div. 2. Burglar Alarms ...............
821
9. Planning and Development ...................
923
Art. I. In General ........................
923
Art. Il. Plats ............................
924.1
Art. III. Town Planning Board ............
926
10. Traffic .....................................
1027
11. Water ......................................
1079
Art. I. In General ........................
1079
Art. II. Water Emergencies ...............
1080
Appendix
A. Zoning Ordinance ..........................
1129
B. Franchises ................................
1309
Statutory Reference Table .......................
1459
Code Comparative Table -1930 Code .............
1469
Code Comparative Table—Ordinances/Resolutions/
Motions ......................................
1471
Charter Index ...................................
1483
Code Index .....................................
1487
Supp. No. 3
xiv
Checklist of Up -to -Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements
on a page -for -page substitution basis, it has become evident
that through usage and supplementation many pages can be
inserted and removed in error.
The following listing is included in this Code as a ready
guide for the user to determine whether the Code volume
properly reflects the latest printing of each page.
In the first column all page numbers are listed in sequence.
The second column reflects the latest printing of the pages
as they should appear in an up-to-date volume. The letters
"OC" indicate the pages have not been reprinted in the Sup-
plement Service and appear as published for the original
Code. When a page has been reprinted or printed in the
Supplement Service, this column reflects the identification
number or Supplement Number printed on the bottom of the
page.
In addition to assisting existing holders of the Code, this
list may be used in compiling an up-to-date copy from the
original Code and subsequent Supplements.
Page No.
Supp. No.
Page No.
Supp. No.
Title page
OC
925-928
OC
iii
OC
1027-1029
1
v—vii
OC
1079, 1080
1
ix—xii
OC
1081
OC
xiii, xiv
3
1129-1159
OC
1-8
OC
1309
3
141-146
OC
1459
2
197-200
OC
1469
OC
297-299
OC
1471, 1472
2
399-402
1
1473
3
501, 502
OC
1483-1486
OC
603-617
OC
1487-1488.1
3
707,708
1
1489, 1490
2
709-711
OC
1491-1494
3
815-825
3
1495-1498
2
923-924.1
2
1499, 1500
3
Supp. No. 8
M
PART
CHARTER
TOWN OF GULF STREAM*
Art.
I.
Creation and Powers
Art.
II.
Corporate Limits
Art.
III.
Legislative
Art.
IV.
Administrative
Art.
V.
Nominations and Elections
Art.
VI.
Transition Schedule
ARTICLE 1. CREATION AND POWERS
Section 1.01. Creation and Powers.
The Town of Gulf Stream is created, which shall have all
governmental, corporate and proprietary powers to enable it
to conduct municipal government, perform municipal
functions and render municipal services, and may exercise
any power for municipal purposes except as otherwise
provided by law.
ARTICLE II. CORPORATE LIMITS
Section 2.01. Description of Corporate Limits.
The following areas shall constitute the corporate limits of
the Town of Gulf Stream:
Commencing at a point where the north line of Lot 17 of
the Benson Brothers' plat, as recorded in Plat Book 3,
page 27, Palm Beach County public records, extended
intersects the center line of the Intracoastal Waterway
Canal as now constructed; thence East along the North
line of said Lot 17 of said Benson Brothers' plat to the
intersection of the North line of said Lot 17 with the West
'Editor's note—This pert contains the Charter of the Town of Gulf
Stream, adopted on March 11, 1980
§ 2.01 GULF STREAM CODE
line of Government Lot 2 in Section 34, Township 45
South of Range 43 East; thence South along the East line
of I.ot 17 and said Government Lot 2 in said Section 34,
Township 45 South of Range 43 East, to the Township line
between Townships 45 South and 46 South; thence East
along said Township lines to the intersection of the
Township lines and the Atlantic Ocean; thence South
meandering the shore of the Atlantic Ocean to a point
where the South line of Lot 16 of Block D of the revised
plat of Blocks D and E, Palm Beach Shore Acres, as
recorded in Plat Book 7, page 38, Palm Beach County
public records, intersects the shore of the Atlantic Ocean;
thence West along the South line of said Lot 16, Block D,
to a point where the South line of said Lot 16 extended
West intersects the West line of the Ocean Boulevard as
now laid out and in use, through Sections 9 and 10,
Township 46 South, Range 43 East; thence Southerly
along the West line of said Ocean Boulevard to a point
which is 10 feet South of the South line of Lot 17-A, Block
D, of the revised plat of Blocks D and E of Palm Beach
Shore Acres as recorded in Plat Book 7, page 38, Palm
Beach County public records; thence West along a line
which is 10 feet South of and parallel to the South line of
said Lot 17-A, to the South line of Lot C, Block D, of the
revised plat of Blocks D and E, Palm Beach Shore Acres,
as recorded in Plat Book 7, page 38, of Palm Beach
County public records; thence West along the South line of
Lot C to the Southwest corner of said Lot C; thence
continuing West along the South line of said Lot C
extended to a point where said South line of Lot C
extended intersects the center line of the Intracoastal
Waterway, as now laid out and in use; thence in a
Northerly direction along the center line of said Canal to a
point where the same intersects the South Section line of
Section 4, Township 46 South, Range 43 East; thence West
along said South Section line of Section 4 to the
Southwest corner of Southeast quarter (SE 1/4) of South-
west quarter (SW 1/4) of Southeast quarter (SE 1/4) of
Section 4, Township 46 South, Range 43 East; thence
North along the West line of the East three-quarters (E 3/4)
r1 - CHARTER § 3.02
of Southeast quarter (SE 1/4) of Section 4, Township 46
South, Range 43 East, and along the West line of the
Southeast quarter (SE 1/4 ) of Southwest quarter (SW 1/4 ) of
Northeast quarter (NE 1/4) of Section 4 to the Northwest
corner of said Southeast quarter (SE 1/4) of Southwest
quarter (SW 1/4) of Northeast quarter (NE 1/4) of said
Section 4; thence East along the North line of said
Southeast quarter (SE 1/4) of Southwest quarter (SW 1/4) of
Northeast quarter (NE i/4) of said Section 4, to the
Northeast comer of said Southeast quarter (SE 1/4) of
Southwest quarter (SW 1/4) of Northeast quarter (NE 1/4) of
said Section 4; thence South along the East line of said
Southeast quarter (SE 1/4 ) of Southwest quarter (SW 1/4 ) of
Northeast quarter (NE 1/4) of said Section 4 to the
East-West quarter section line of said Section 4; thence
East along said quarter section line to the center line of
the Intracoastal Waterway; thence continue in a Northerly
direction along the center line of said Intracoastal
Waterway, as now laid out and in use, to the point of
beginning.
ARTICLE III. LEGISLATIVE
Section 3.01. Town Commission; Powers, Composi-
tion.
There shall be a Town Commission with all legislative
powers of the Town vested therein, consisting of five (5)
members who shall be electors of the Town, elected at large
by the electors of the Town in the manner hereinafter
provided.
Section 3.02. Qualifications.
Any elector of the Town shall be eligible to hold the office
of Town Commissioner. The Commission shall be the judge
of the election and qualifications of its members and of the
grounds for forfeiture of their office. A member charged with
conduct constituting grounds for forfeiture of his office shall
be entitled to a public hearing on demand, and notice of
§ 3.02 GULF STREAM CODE
such hearing shall be published in one or more newspapers
of general circulation in the Town at least one (1) week in
advance of the hearing.
Section 3.03. Election and Terms.
The Commissioners shall hold office for a term of three (3)
years beginning at noon on the third day after their election
and shall continue in office until their term expires and
until their successors are elected and qualified. There shall
be an election of a Commissioner or Commissioners in the
manner prescribed in Article V of this Charter, on the
second Tuesday in March of any year in which a vacancy or
vacancies are occasioned by the expiration or early
termination (voluntary or involuntary) of the terms of the
office of Commissioners.
Section 3.04. Compensation and Expenses.
Commissioners shall serve without compensation but they
shall receive their actual and necessary expenses incurred in
the performance of their duties of office as provided by law.
Section 3.05. Mayor and Vice Mayor.
The Commission shall select from among its members a
Mayor and a Vice Mayor. Such selection shall be done at
the first regular Commission meeting after the Town
election.
The Mayor shall preside at meetings of the Commission,
shall be recognized as head of Town government for all
ceremonial purposes, by the Governor for purposes of
military law, for services of process execution of contracts,
deeds and other documents, and as the Town official
designated to represent the Town in all agreements with
other governmental entities or certifications to other
governmental entities, but shall have no administrative
duties except as required to carry out the responsibilities
herein.
The Vice Mayor shall act as Mayor during absence or
disability of the Mayor.
CHARTER § 3.07
w_ Section 3.06. Vacancies; Forfeitures of Office; Filling
of Vacancies.
(a) Vacancies. The office of a Commissioner shall become
vacant upon his death, resignation, removal from office in
any manner authorized by law or forfeiture of his office.
(b) Forfeiture of Office. A commissioner shall forfeit his
office if he (1) lacks at any time during his term of office
any qualification for the office prescribed by this Charter or
by law, or (2) violates any standard conduct or code of ethics
established by law for public officials, such violation to be
determined by remaining members of the Commission.
(c) Filling of Vacancies. A vacancy on the Commission
shall be filled by a majority vote of the remaining members
of the Commission for the period of time until the neat
election, when a Commissioner shall be elected for the
remainder of the term vacated.
(d) Extraordinary Vacancies. In the event that all
members of the Commission are removed by death,
disability or forfeiture of office, the Governor shall appoint
an interim Commission that shall call a special election.
Section 3.07. Procedure.
(a) Meetings. The Commission shall meet regularly at
least once in every month at the Town Hall or at such time
and place as the Commission may prescribe. Special
meetings may be held on the call of the Mayor or of a
majority of the members and, whenever practicable, upon no
less than twelve (12) hours' notice to each member and the
public. All meetings shall be public.
(b) Rules and Minutes. The Commission shall determine
its own rules and order of business. The Commission shall
keep minutes of its meetings.
(c) Voting. Voting, on ordinances and resolutions, shall be
by majority vote, or if requested by a Commissioner, by a
roll call, and shall be recorded in the minutes. A majority of
the Commission shall constitute a quorum; but a smaller
number may adjourn from time to time and may compel the
!.0
§ 3.07 GULF STREAM CODE
attendance of absent members in the manner and subject to
the penalties prescribed by the rules of the Commission. No
action of the Commission except as otherwise provided in
the preceding sentence shall be valid or binding unless
adopted by the affirmative vote of the majority of a quorum
present.
(d) Annual Audit. At the end of each fiscal year the
Commission shall select and employ competent independent
auditors to review the Town's financial activities and
condition for the year and to express their opinion thereof.
ARTICLE IV. ADMINISTRATIVE
Section 4.01. Town Officers.
The Commission shall appoint a Town Manager, Town
Clerk, and a Chief of Police who shall serve at the pleasure
of the Commission and perform such duties as may be
specified by law or the Commission. The Commission may
appoint such other officers, consultants and employees as
may be needful.
Section 4.02. Compensation.
The Commission shall determine for each officer, consult-
ant or employee his kind and amount of compensation and
his employee benefit status.
ARTICLE V. NOMINATIONS AND ELECTIONS
Section 5.01. Electors.
Any person who is a resident of the Town who has
qualified as an elector of this state, and who registers in the
procedural manner prescribed by general law and ordinance
of the Town, shall be an elector of the Town.
CHARTER
$ 5.05
-= Section 5.02. Non -Partisan Elections.
All nominations and elections for the office of Town
Commissioner shall be conducted on a non-partisan basis
without regard for or designation of political party
affiliation of any nominee on any nomination petition or
ballot.
Section 5.03. Nominations.
Candidates for the office of Town Commissioner shall be
nominated for such office(s) by the filing of a written notice
of candidacy with the designated Town official at such time
and in such manner as may be prescribed by ordinance.
Section 5.04. Form of Ballots.
The Commission by ordinance shall prescribe the form of
the ballot or method of balloting including the method of
listing candidates for Town Commission elections, and any
other Town election. A Charter amendment to be voted on
by the Town shall be presented for voting by ballot title. The
ballot title of a measure may differ from its legal title and
shall be a clear, concise statement describing the substance
of the measure without argument or prejudice.
Section 5.05. Elections.
Town elections shall be held on the second Tuesday in
March. The election of candidates for the office of
Commissioner shall be determined solely on the basis of a
plurality of votes cast at the election and shall not be a
run-off system of voting. If for any reason an elected
candidate refuses to acknowledge or accept the campaign
seat or term of office which he has been elected to, then that
Commission seat and term of office shall be awarded to the
candidate who received the next largest number of votes
cast at the election. In case all vacancies on the Commission
cannot be filled in this manner, the Commission shall elect
a person or persons to fill such vacancies.
§ 6.01 GULF STREAM CODE
ARTICLE VI. TRANSITION SCHEDULE
Section 6.01. Ordinances Preserved.
All ordinances in effect upon the adoption of this Charter,
to the extent not inconsistent with it, shall remain in force
until repealed or changed as provided herein.
Section 6.02. Rights of Officers and Employees.
Nothing in this Charter except as otherwise specifically
provided shall affect or impair the rights or privileges of
persons who are Town officers or employees at the time of
adoption. Elected officers shall continue to liold their offices
and discharge the duties thereof until successors are elected.
Section 6.03. Pending Matters.
All rights, claims, actions, orders, contracts and legal or
administrative proceedings involving the Town shall
continue except as modified pursuant to the provisions of
this Charter.
[The next page is 1411
PART II
CODE OF ORDINANCES
Chapter 1
GENERAL PROVISIONS
Sec. 1-1. How Code designated and cited.
The ordinances embraced in the following chapters and
sections shall constitute and be designated the "Code of
Ordinances of the Town of Gulf Stream, Florida," and may
be so cited.
Sec. 1-2. Rules of construction.
In the construction of this Code, and of all ordinances, the
following rules shall be observed, unless the content clearly
indicates otherwise:
Code, this Code. Whenever the term "Code" or "this
Code" is used without further qualification, it shall mean
the "Code of Ordinances of the Town of Gulf Stream,
Florida," as designated in section 1-1.
Computation of time. Whenever a notice is required to be
given or an act to be done, a certain length of time before
any proceeding shall be had, the day on which such notice
is given, or such act is done, shall be counted in computing
the time, but the day on which such proceeding is to be had
shall not be counted.
Corporate limits. Wherever in this Code an act is
prohibited, declared unlawful, required to be performed,
directly or by implication, such references shall imply
"within the corporate limits of the Town of Gulf Stream."
County. The words "the county" or "this county" shall
mean the County of Palm Beach.
F.S. or Fla. Stats. Whenever the abbreviation F.S. or Fla.
State. is used, it shall refer to the official Florida Statutes as
adopted by the state legislature.
141
§ 1-2
GULF STREAM CODE
Gender. A word importing the masculine gender only
shall extend and be applied to females and to firms,
partnerships and corporations as well as to males.
Number. A word importing the singular number only may
extend and be applied to several persons and things as well
as to one person and thing.
Oath. The word "oath" shall be construed to include an
affirmation in all cases in which, by law, an affirmation
may be substituted for an oath, and in such cases, the words
"swear" and "sworn" shall be equivalent to the words
"affirm" and "affirmed."
Officer or office. Reference to any office or officer of the
town, state or county, includes any person authorized by law
to perform the duties of such office or officer.
Or, and. "Or" may be read "and," and "and" may be read
"or" if the sense requires it.
Owner. The word `owner," applied to a building or land,
shall include any part owner, joint owner, tenant in
common, tenant in partnership, joint tenant or tenant by
the entirety, of the whole or of a part of such building or
land.
Person. The word "person" shall include and be applied to
associations, clubs, societies, firms, partnerships and bodies
politic and corporate as well as to individuals.
State. The words "the state" shall be construed to mean
the State of Florida.
Tense. Words used in the present or past tense include the
future as well as the present and past.
Town. The words "the town" or "this town" shall be
construed as if the words 'of Gulf Stream" followed it and
shall extend to and include its several officers, agents and
employees.
Town commission. Whenever the term "town commission"
or "commission" is used, it shall be construed to mean the
142
GENERAL PROVISIONS § 1-6
Town Commission of the Town of Gulf Stream.
State law reference—For definitions of terms used in the Fla. State. see
§ 1.01, Fla. State.
Sec. 1-3. Catchlines of sections.
The catchlines of the several sections of this Code printed
in boldface type are intended as mere catchwords to indicate
the contents of the sections and shall not be deemed or
taken to be the titles of such sections, nor as any part of the
sections, nor, unless expressly so provided, shall they be so
deemed when any of such sections, including the catchlines,
are amended or reenacted.
Sec. 1-4. Effect of repeal of ordinances.
The repeal of an ordinance shall not revive any
ordinances in force before or at the time the ordinance
repealed took effect.
The repeal of an ordinance shall not affect any
punishment or penalty incurred before the repeal took
effect, nor any suit, prosecution or proceeding pending at the
time of the repeal, for an offense committed or cause of
action arising under the ordinance repealed.
State constitution reference—"No bill attainder, ex post facto law, or
any law impairing the obligation of contracts, shall ever be passed."
Declaration of Rights, § 10.
Sec. 1-5. Severability of parts of Code.
The sections, paragraphs, sentences, clauses and phrases
of this Code are severable, and if any phrase, clause,
sentence, paragraph or section of this Code shall be declared
unconstitutional by the valid judgment or decree of the
court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Code.
Sec. 1-6. Amendments to Code.
All ordinances passed subsequent to this Code of
Ordinances which amend, repeal or in any way affect this
143
§ 1-6 GULF STREAM CODE
Code of Ordinances, may be numbered in accordance with
the numbering system of this Code and printed for inclusion
therein, or in the case of repealed chapters, sections and
subsections or any part thereof, by subsequent ordinances,
such repealed portions may be excluded from the Code by
omission from reprinted pages affected thereby, and the
subsequent ordinances as numbered and printed or omitted,
in the case of repeal, shall be prima facie evidence of such
subsequent ordinances until such time that this Code of
Ordinances and subsequent ordinances numbered or omitted
are readopted as a new code of ordinances by the town
commission.
Amendments to any of the provisions of this Code should
be made by amending such provisions by specific reference
to the section of this Code in substantially the following
language: "That section — of the Code of Ordinances of the
Town of Gulf Stream, Florida, is hereby amended to read as
follows:...." The new provisions may then be set out in
full as desired.
In the event a new section not heretofore existing in the
Code is to be added, the following language may be used:
"That the Code of Ordinances of the Town of Gulf Stream,
Florida, is hereby amended by adding a section (or article or
chapter) to be numbered as follows , which said section
shall read as follows:...." The new section may then be set
out in full as desired.
When the town commission desires to enact an ordinance
of a general and permanent nature on a subject not
heretofore existing in the Code, which said council desires to
incorporate into the Code, a section in substantially the
following language may be made a part of the ordinance:
"Section — It is the intention of the town commission
and it is hereby ordained that the provisions of this
ordinance shall become and be made a part of the Code of
Ordinances of the Town of Gulf Stream, Florida, and the
sections of this ordinance may be renumbered to
accomplish such intention."
144
GENERAL PROVISIONS § 1-8
All sections, articles, chapters or provisions of this Code
desired to be repealed should be specifically repealed by
section number or chapter number, as the case may be.
Sec. 1-7. Altering Code.
It shall be unlawful for any person, firm or corporation in
the town to change or amend, by additions or deletions, any
part or portion of this Code, or to insert or delete pages, or
portions thereof, or to alter or tamper with such Code in any
manner whatsoever which will cause the law of the Town of
Gulf Stream to be misrepresented thereby. Any person, firm
or corporation violating this section shall be punished as
provided in section 1-8 hereof.
State law reference—Falsifying public records, penalty, § 839.13, Fla.
State,
Sec. 1-8. General penalty.
The violation of, or failure to comply with any provision
of this Code shall constitute an offense against the Town of
Gulf Stream, and where no specific penalty is provided
therefor, shall subject the offender, upon conviction, to a fine
of not to exceed five hundred dollars ($500.00), or
imprisonment for a period of not to exceed six (6) months, or
by both such fine and imprisonment.
The judgment of the court imposing any fine, or fine and
cost of prosecution, shall contain provision for a period of
imprisonment in default of payment of same. The payment
of fines and costa of prosecution may also be enforced
summarily against the property of the delinquent.
Any condition caused or permitted to exist in violation of
any of the provisions of this Code or any ordinance of the
town shall be deemed a public nuisance and shall be subject
to abatement by the town.
Each and every act, action or thing done in violation of
the provisions of this Code, or ordinance of the town, shall
be construed, deemed and taken as a separate and distinct
violation of such provisions of this Code, and in every event
that a violation of this Code, or any of the provisions
145
§ 1-8 GULF STREAM CODE
hereof, shall continue, each day of such continuance shall be
deemed, construed and taken as a separate and distinct
violation of the provisions of this Code that such condition
so allowed to continue shall violate.
All persons imprisoned after conviction may be required to
work for the municipality at such labor as their health and
strength will permit, within or without the limits of the
municipality, not exceeding eight (8) hours each day and for
not exceeding sixty (60) consecutive days for any one
offense. (Ord. No. 76-3, 12-10-76)
Sec. 1-9. Right of entry.
Whenever any officer or employee of the town is required
or authorized by any state law, the provisions of this Code,
or any ordinance or resolution, or rules and regulations or
orders issued thereunder, in order to carry out his duties
thereunder, to enter any premises or vehicle for the purpose
of making an inspection thereof or of anything therein
contained or for the purpose of carrying out his duties, such
officer or employee shall have the right to enter any such
premises or vehicle at any reasonable time in pursuance of
such duties; provided, that such entry and inspection shall
be made in a lawful manner.
[The next page is 1971
146
Chapter 2
ADMINISTRATION
Sec. 2-1. Town seal.
The corporate seal of the Town of Gulf Stream, Florida,
shall be an impression with the words, `TOWN OF GULF
STREAM, FLORIDA," in a circle, and said impress shall be
the corporate seal of said town. (Code 1930, § 37)
Sec. 2-2. Employee pension plan.
(a) Determination o%public interest. The town commission
of the Town of Gulf Stream, Florida, hereinafter called the
town, hereby determines that it is in the public interest of
the town and its inhabitants to adopt the within pension
plan for the town's employees and to provide for a trust for
the administration and implementation of the plan.
(b) Definitions. Definitions used in this section are as
1 follows:
Compensation. Compensation shall mean the total
amount of all payments made by the designated employer to
an employee for services rendered to the designated
employer for the year, excluding any and all commissions,
overtime pay, bonuses, director's fees, contributions by the
designated employer under the plan established by subsec-
tion (c)(1), and payments by the designated employer for
group year and on each date which is the last day of the
month which is six (6) months prior to the month in which
the designated employer's fiscal year ends which occurs
after the original eligibility date. Employees of the
designated employer shall be entitled to participate in the
plan hereby established on the original or a succeeding
eligibility date, as appropriate, provided they shall have
completed one year of service with the designated employer
preceding such eligibility date and providing they have
attained the age of twenty-five (25) years.
197
§ 2.2 GULF STREAM CODE
tl'
(c) Contributions.
(1) Designated employer contributions. For each
fiscal year of the designated employer beginning
with the year ending September 30, 1977, the
designated employer shall contribute the plan
hereby established to be allocated to the account
of each employee who has met the eligibility
requirements hereunder an amount equal to four
(4) percent of compensation paid to each such
employee for such year.
(2) Mandatory contributions. Mandatory contribu-
tions by eligible employees, hereinafter called
participants, shall be required with respect to
compensation earned after October 1, 1977, or the
first eligibility on which the participant meets all
the requirements for eligibility, whichever comes
later, in an amount equal to four (4) percent of his
compensation for the then current year.
(3) Voluntary contributions. Voluntary contributions
shall not be permitted.
(4) Investment of account. No participant shall have
any right to direct the investment of his account;
rather, investment of each participant's account
shall be administered by the trustees under the
trust.
(d) Vesting. A participant's mandatory contributions, as
well as any roll-over from an individual retirement account
or annuity or from a qualified plan, shall be fully vested and
nonforfeitable. Vesting of a participant's interest in the
accrued benefit resulting from designated employer con-
tributions shall be in accordance with the vesting provisions
based upon completion of the indicated number of full fiscal
years of service as an employee of the Town as follows:
Years of Service Vested Interest
1 10%
2 20%
3 30%
198 1
ADMINISTRATION § 2-3
Years of Service Vested Interest
4 40%
5 50%
6 60%
7 70%
8 80%
9 90%
10 100%
(e) Trust. By resolution adopted by the town commission
in pursuance of this section, the town commission shall
adopt a trust which will establish the duties and responsi-
bilities of the trustees designated herein, which shall provide
for the administration and implementation of the plan via
the trust and the investment of all contributions made in
pursuance of the plan established by this section. Once
established, the trust may be revised or amended in whole
or in part by resolution. No resolution adopted in pursuance
of this section and no trust adopted by any resolution
hereunder shall be in derogation to the provisions of this
section; rather, they shall be dependent on this section and
construed together with this section. (Ord.No. 77-7, 12-9-77)
Sec. 2-3. Bond issues.
(a) Whenever it shall be deemed advisable to issue bonds
of the Town of Gulf Stream for any purpose or _purposes
hereinafter named, viz: for raising money to be used in
purchasing, constructing, extending or improving water-
works, or electric light plants, or for constructing, purchas-
ing or improving gas works or other illuminating works, or
for the purpose of constructing or extending or improving a
system of sewers or otherwise promoting the health of the
town; for the purpose of opening, widening or paving the
streets and sidewalks of the town, and for opening,
constructing, and maintaining parks, promenades or play
grounds; for the purpose of establishing and maintaining a
fire department in said town; for the purpose of erecting
public wharves or buildings for the use of said town, and for
the purpose of erecting jetties, groins and seawalls within
said town; and for any one or more of said purposes and for
199
§ 2-3 GULF STREAM CODE
any other purpose deemed necessary for the public good,
provided that the same is not in conflict with the
Constitution or laws of the State of Florida, the Commission
in its corporate capacity is hereby authorized to issue bonds
of said town, under the seal of the municipality, in the
manner set forth under Florida law.
(b) Prior to the issue of any bonds, the commissioners
shall adopt an ordinance or resolution fixing the aggregate
amount of the proposed issue, the rate of interest, the
purposes for which the moneys to be derived therefrom shall
be expended, the time when said bonds shall be payable,
and providing for and creating a sinking fund and interest
assessment for meeting and discharging the principal and
interest of said bonds.
(c) The commissioners shall prescribe the form and
denomination of said bonds. The treasurer shall not sign
any such bonds until he or she has given a bond, payable to
the town, properly conditioned, with sufficient surety to be
approved by the commission, and in such an amount as
shall be fixed by the town commission, that he or she will
faithfully perform the duties of treasurer with respect
thereto. No member of said commission or officer, agent or
employee of the town shall be directly or indirectly
interested in any contract under the charge of the
commission.
(d) The treasurer shall keep a separate account of such
bond issue, showing the number and amounts of bonds
issued, the receipts therefrom and the disbursements of the
proceeds thereof.
(e) All advertisements and notices
and sale of said bonds shall be as
No. 77-2, §§ 1-6, 4-17-77)
200
regarding the issuance
provided by law. (Ord.
[The next page is 297]
Chapter 3
ANIMALS AND FOWL*
Sec. 3-1. Running at large prohibited; definition;
penalty.
(a) It shall be unlawful for any person who shall own, or
have the care, custody or control of any domestic animal, to
permit such animal to run at large within the town.
(b) "At large" shall mean off the premises of the owner,
unless accompanied by an attendant who shall have such
dog firmly held by collar and leash or other use of
mechanized restraint, which leash is not to exceed eight (8)
feet in length.
(c) Any domestic animal found running at large within
the town is declared to be a public nuisance; and the owner
of any such animal found running at large shall be guilty of
an offense as defined hereinabove and subject to penalties
as may be imposed by the governing body of the town and
not in conflict with the laws of the state. (Ord. No. 71-6, § 1,
2-11-72; Ord. No. 80-3, § 1, 4-1-80)
Sec. 3-2. Vicious animals to be muzzled; definition.
All vicious animals kept in the town shall be adequately
muzzled if they appear on the public streets, thoroughfares
or easements. An animal shall be considered vicious if it has
attacked or attempted to attack a person on a public street,
thoroughfare or easement in the town, and a complaint has
been made to the police department concerning same, and
the owner of the animal has been notified in writing by the
police department of such attack or attempted attack. (Ord.
No. 71-5, § 2, 2-11-72)
Sec. 3-3. Person bitten by a domestic animal; report
to police or health department required.
In the event any person is bitten by a domestic animal
within the town, then it shall become the duty of such
*Crone references—Offenses generally, Ch. 8; shooting, etc., at birds
prohibited, § 8-1.
297
§ 3-3 GULF STREAM CODE
person or the owner of the animal with knowledge thereof,
to report such incident to the police department or to the
county health department, within twenty-four (24) hours
thereafter. (Ord. No. 71.5, § 3, 2-11-72)
Sec. 3-4. Excessive noise by domestic animals.
No person shall keep or harbor, within the town, any
domestic animal which causes serious annoyance by
excessive noise to neighboring residents and interferes with
the reasonable use and enjoyment of their property. (Ord.
No. 71-5, § 4, 2-11-72)
Sec. 3-5. Same—Complaint by nearby residents; de-
clared nuisance.
Upon the filing with the chief of police of written
statements under oath, by three (3) or more more persons
residing in separate households in the town, within three
hundred (300) feet of the place where an animal is kept or
harbored, that the excessive noise of such animal constitutes
a nuisance, it shall be the duty of the chief of police to
deliver to such person, keeping or harboring such animal, a
written statement of the fact that such complaints have
been made and that the nuisance must be abated within ten
(10) days. If the nuisance is not abated within ten (10) days,
it shall be the duty of the chief of police to make an
affidavit charging the person or persons keeping or
harboring the animal with maintaining a nuisance, and
have a warrant issued for the arrest of such person or
persons. (Ord. No. 71-5, § 5, 2-11-72)
Section 3-6. Female animals in season.
No person owning or having custody of any female
domestic animal shall permit such female animal off the
premises of the owner or person having control of ouch
animal, when such animal is in season, unless the same is
under control and attached to a leash. (Ord. No. 71-5, § 6,
2-11-72)
460
ANIMALS AND FOWL § 3-8
Sec. 3-7. Damaging property of another; proof of
violation.
(a) It shall be unlawful for any person who shall own or
be in control of or in charge of any domestic animal to allow
or permit such animal to enter upon the property of another
and damage such property.
(b) Property of another shall include private property and
any abutting publicly owned property, easements, or any
property set apart for public use which the owner of the
abutting property maintains by planting, mowing, water-
ing, fertilizing or similar care, of grass, shrubbery, trees,
etc., planted thereon. The intent of this section is to include
all abutting property regardless of ownership except the
property owned by the owner of the domestic animal, or the
property of those who have consented to the owner of the
domestic animal to do such damage to their property.
(c) Damage to such property shall include, but not be
limited to, urinating or defecating by any domestic animal
upon any property other than that owned by the owner of
the animal.
(d) In the event any such animal shall enter upon the
property of another within the town and shall cause damage
thereon, proof that it is the property of another and of such
damage and the identity of the domestic animal shall be
sufficient to convict a person owning or having charge of or
control of the animal violating the terms and provisions of
this section. Consent of the owner of the property shall be a
defense to such violation. (Ord. No. 71-5, § 7, 2-11-72)
Sec. 3-8. Prima facie evidence of violation.
In the event any domestic animal shall be found in
violation of the provisions of this chapter, proof of the
violation and identity of the animal shall be prima facie
evidence of the violation of this chapter by the person
owning or having charge of or control of the domestic
animal. (Ord. No. 71-5, § 8, 2-11-72)
[The next page is 399)
299
Chapter 4
BUILDINGS AND BUILDING REGULATIONS*
Sec. 4-1. Adoption of codes by reference.
The town hereby adopts by reference the provisions of all
building codes now in force and effect in Palm Beach
County as adopted by the Board of County Commissioners
of Palm Beach County, Florida, and the building depart-
ment of that county, said codes being as follows:
(1) The Southern Standard Building Code, 1979 edition
and the county amendments to the Southern Standard
Building Code;
(2) The National Electrical Code, 1978 edition, and the
county amendments to the National Electrical Code;
(3) The Standard Plumbing Code, 1979 edition, and the
county amendments to the Standard Plumbing Code;
(4) The American Concrete Institute Code;
(5) The Life Saving Code Number 101;
(6) The Standard Gas Code, 1979 edition;
(7) The Standard Mechanical Code, 1979 edition. (Ord.
No. 70-2, § 1, 11-13-70; Ord. No. 79-1, §§ 1, 2, 4-13-79;
Ord. No. 80-7, § 1, 11-14-80)
Sec. 4-2. Same—Amendments.
Upon copies of future changes by Palm Beach County in
said codes being filed with the town, such changes shall
become effective immediately in the town. (Ord. No. 70-2, §
4, 11-13-70; Ord. No. 79-1, § 3, 4-13-79)
Sec. 4-3. Issuance of permits; inspections.
The town shall issue all building permits for construction
in the town. Charges and fees for issuance of building
•Cross references—Flood protection, Ch. 6; planning and zoning, Ch.
9; zoning, App. A.
Supp. No. 1 399
§ 4-3 GULF STREAM CODE
+iI
permits shall be the same as those charged by the building
department of Palm Beach County. The town manager or
the contractor will request the county building department
for inspection for a given time and date and the permit
inspection card and plan shall be on the construction site at
all times and the inspector on completion of his inspection
will mark the card as to acceptance and the date thereon, or
will note reasons for rejection. Upon completion of the
project and final inspection the inspector will report this to
the municipality, which shall then issue the certificate of
occupancy to the builder. (Ord. No. 70-2, § 2, 11-13-70)
Sec. 4-4. Duties of county to process applications;
fees for service.
The county building department shall process plans that
are submitted in duplicate, checking the same for compli-
ance with the codes adopted in this chapter, and will
determine the amount of the permit fee and supply a copy of
the same to the town. For this and the inspection service the
county shall receive seventy-five (75) per cent of the permit
fee received by the town. The share of the fee to the county
shall be paid as soon as it reasonably can be after issuance
of building permit by the town. (Ord. No. 70-2, § 3,
11-13-70)
Sec. 4-5. Violation; penalty.
Violation of the provisions of any codes adopted in this
chapter by persons engaged in construction pursuant to
permit issued by the town shall be punished by fine of not
more than one hundred dollars ($100.00), or by imprison-
ment for not more than one month, or by both such fine and
imprisonment, at the discretion of the court. (Ord. No. 70-2,
§ 5, 11-13-70)
Sec. 4-6. Approval of supplier of water prior to
permit issuance.
No building permits shall be issued by the Town of Gulf
Stream which construction necessitates a water connection,
unless and until the plans submitted to the town are
Supp. No. 1
400 A )
,11__1 BUILDINGS AND BUILDING REGULATIONS § 4-7
approved and stamped by the utilities department of the
City of Delray Beach, Florida. It shall be the responsibility
of any person or firm seeking to obtain a building permit
from the Town of Gulf Stream to provide sufficient proof to
the town of approval by the City of Delray Beach Utilities
Department as described above. (Ord. No. 78-3a, §§ 1, 2,
8-11-78)
Sec. 4-7. Final drainage plan.
(a) Definition. "One -inch rainfall" shall mean the first
one -inch of rain waters which fall on the proposed building
site.
(b) Area with existing drainage system. In any area of the
town where town -approved positive drainage systems exist,
the following shall be required:
(1) All permit applications for any new buildings, and all
modifications, alterations or additions to any such
buildings which alter the existing drainage flow, shall
- be accompanied by a final grading plan prepared,
signed and sealed by a Florida registered engineer or
architect showing the proposed site plan with flow
arrows indicating the final direction of flow of rain
waters to the existing drainage system.
(2) All permit applications for new buildings, and all
modifications, alterations or additions to any such
buildings which alter the existing drainage flow, shall
be accompanied by a drainage plan prepared, signed
and sealed by a Florida registered engineer or
architect which will provide for adequate drainage on
the site or within swale areas on adjacent and
contiguous public rights-of-way to retain all run-off
from the first one -inch rainfall and to drain the
additional rainfall above one inch so
(c) Area with no existing drainage system. In any area of
the town where no town -approved positive drainage system
exists, the following shall be required:
(1) That adjoining privately -owned properties will not be
adversely affected.
Supp. No. 1 401
§ 4.7 GULF STREAM CODE
(2) When swales within public rights-of-way are utilized
for retention, the swale shall be of adequate capacity
to retain the run-off from a one -inch rainfall on the
right-of-way and the adjacent and contiguous sites.
(d) Design criteria. The following basic design criteria
shall be used in the development of all drainage plans. The
design computations shall be shown on or attached to and
made a part of the drainage plan submitted with the
application for a building permit.
(1) Total proposed impervious and pervious lot area will
be indicated.
(2) Run-off coefficients for impervious and pervious areas
are to be used to determine total run-off to be
contained from the one -inch rainfall.
(3) The volume of computed run-off from a one -inch
rainfall will be controlled by means including, but not
limited to, the use of holding ponds, swales, or
drainage structures. ( j
(e) Certificate of occupancy. No certificate of occupancy %
shall be issued until a final inspection has been made to
assure compliance with the approved grading or drainage
plan filed with the building permit documents.
(f) Penalty. Property owners shall maintain required
drainage improvements on their property in compliance
with the approved grading or drainage plan. Failure to
maintain drainage improvements shall be deemed a public
nuisance and a violation of this section, and shall be
punishable up to the full extent provided by law. Each day
in which a property owner fails to maintain said improve-
ments shall be a separate violation. (Ord. No. 77-3, §§ 1-6,
9-9-77)
Supp. No. 1 [The next page is 5011
402
Chapter 5
ELECTIONS■
Sec. 5-1. Proclamation.
It shall be the duty of the mayor of the town to issue his
proclamation announcing every election, both general and
special, which proclamation shall be published at least
thirty (30) days prior to each election in some newspaper of
general circulation in the town, or posted during such period
of time at the town hall. (Ord. No. 79-3, § 1, 5-10-79)
Sec. 5-2. Qualifications.
No person shall be eligible to any elective office of the
town unless he shall be a registered voter and resident of
the town. (Ord. No. 79-3, § 2, 5-10-79)
Sec. 5-3. Filing requirements and date.
Any candidate seeking election as town commissioner
shall file with the town clerk a written notice to such effect
by filing his name and address not more than forty-five (45)
days nor less than twenty (20) days prior to the election
date. Such notice shall be accompanied by a petition signed
by at least four (4) registered voters of the town. (Ord. No.
79-3, § 3, 5-10-79)
Sec. 5-4. Qualifying fee.
Any qualified candidate seeking election as a commission-
er of the town shall pay filing fee of five dollars ($5.00),
which shall be paid at the time of notice of candidacy. (Ord.
No. 79-3, § 4, 5-10-79)
*Editor's note—Ord. No. 79-3, §§ 1-7, enacted May 10, 1979, codified as
§§ 5-1-5-7, has been treated as superseding the provisions of former Ch. 5,
§§ 5-1-5-6, relative to elections. Said former sections derived from Res.
No. 464, § 1, enacted Feb. 9, 1957 and Ord. No. 121, §§ 5, 12, 13, and 15,
enacted Dec. 12, 1959.
Charter reference—Nominations and elections, Art. V.
State law reference—Florida Election Code, F.S. § 97.011 at seq.
Supp. No. 2 501
§ 5-5 GULF STREAM CODE
Sec. 5-5. Absentee voting.
The absentee voting provisions of Chapter 101, Florida
Statues, 1973 as amended, are hereby adopted as a means of
providing for absentee voting in any authorized election
within the town. (Ord. No. 79-3, § 5, 5-10-79)
Sec. 5-6. State law to govern elections; exceptions.
Except as otherwise provided in this Code and other
ordinances of the town, all elections in the town shall be
controlled, held and conducted, as far as practicable
according to the provisions of the laws of the State
governing general state elections and the Florida Election
Code, Florida Statutes, Chapters 97 through 104 is hereby
adopted by reference except as it may otherwise conflict
with the provisions of this Code or the town's charter. (Ord.
No. 79-3, § 6, 5-10-79)
Sec. 5-7. Authority of town manager and town clerk.
The town manager and town clerk are hereby authorized
to do all things necessary to provide for the holding of
elections as set forth by applicable law, including the
expenditure of such sums of money as may be reasonably
necessary in connection therewith. (Ord. No. 79-3, § 7,
5-10-79)
[The next page is 6031
Supp. No. 2 502
Chapter 6
FLOOD CONTROL*
Art. I. In General, §§ 6-1-6-15
Art. II. Flood Hazard Areas, §§ 6-16-6-48
Div. 1. Generally, §§ 6-16-6-35
Div. 2. Administration and Enforcement, §§ 6-36-6-45
Div. 3. Provisions for Flood Hazard Reduction, §§ 6-46-6-48
ARTICLE I. IN GENERAL
Secs. 6-1-6-15. Reserved.
ARTICLE II. FLOOD HAZARD AREAS
DIVISION 1. GENERALLY
Sec. 6-16. Statutory authority.
The Legislature of the State of Florida has in Chapter
166, Florida Statutes, delegated the responsibility to local
governmental units to adopt regulations designed to promote
the public health, safety, and general welfare of its
citizenry. Therefore, the town commission of the Town of
Gulf Stream, Florida does ordain as follows. (Ord. No. 78-2,
Art. 1, § A, 6-9-78)
Sec. 6-17. Findings of fact.
(1) The flood hazard areas of the Town of Gulf Stream are
subject to periodic inundation which results in loss of life,
property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expendi-
tures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health,
safety and general welfare.
*Cross references—Buildings and building regulations, Ch. 4; planning,
Ch. 9; zoning, App. A
603
§ 6-17 GULF STREAM CODE
(2) These flood losses are caused by the cumulative effect
of obstructions in flood plains causing increases in flood
heights and velocities, and by the occupancy in flood hazard
areas by uses vulnerable to floods or hazardous to other
lands which are inadequately elevated, flood -proofed, or
otherwise protected from flood damages. (Ord. No. 78-2, Art.
1, § B, 6-9-78)
Sec. 6-18. Statement of purpose.
It is the purpose of this article to promote the public
health, safety and general welfare and to minimize public
and private losses due to flood conditions in specific areas
by provisions designed to:
(1) restrict or prohibit uses which are dangerous to
health, safety and property due to water or erosion or
in flood heights or velocities;
(2) require that uses vulnerable to floods, including
facilities which serve such uses, be protected against
flood damage at the time of initial construction;
(3) control the alteration of natural flood plains, stream
channels, and natural protective barriers which are
involved in the accommodation of flood waters;
(4) control filling, grading, dredging and other develop-
ments which may increase erosion or flood damage;
and,
(5) prevent or regulate the construction of flood barriers
which will unnaturally divert flood waters or which
may increase flood hazards to other lands.
Sec. 6-19. Objectives.
The objectives of this article are:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly
flood control projects;
604
FLOOD CONTROL 96-20
(3) to minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at
the expense of the general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and
sewer lines, streets and bridges located in flood
plains;
(6) to help maintain a stable tax base by providing for
the sound use and development of flood prone areas in
such a manner as to minimize future flood blight
areas; and,
(7) to insure that potential home buyers are notified that
property is in a flood area. (Ord. No. 78-2, Art. 1, § D,
6-9-78)
Sec. 6-20. Definitions.
Unless specifically defined below, words or phrases used
in this article shall be interpreted so as to give them the
meaning they have in common usage and to give this article
its most reasonable application:
Appeal means a request for a review of the town clerk's
interpretation of any provision of this article or a request for
a variance.
Area of special flood hazard is the land in the flood plain
within a community subject to a one percent or greater
chance of flooding in any given year.
Base flood means the flood having a one percent chance
of being equalled or exceeded in any given year.
Breakaway walls mean any type of walls, whether solid or
lattice, and whether constructed of concrete, masonry, wood,
metal, plastic, or any other suitable building material, which
are not part of the structural support of the building and
which are so designed as to breakaway, under abnormally
high tides or wave action, without damage to the structural
605
§ 6-20 GULF STREAM CODE
integrity of the building on which they are used or any
buildings to which they might be carried by flood waters.
Coastal high hazard area means the area subject to high
velocity waters, including, but not limited to, hurricane wave
wash or tsunami. The area is designated on a FIRM as Zone
V1-30.
Development means any man-made change to improved
or unimproved real estate, including, but not limited to,
buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations.
Flood or flooding means a general and temporary
condition of partial or complete inundation of normally dry
land areas from:
(1) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of
surface waters from any source.
Flood hazard boundary map (FHBP) means an official
map of a community, issued by the Federal Insurance
Administration, where the boundaries of the areas of special
flood hazard have been designated as Zone A.
Flood insurance rate map (FIRM) means an official map
of a community, on which the Federal Insurance Adminis-
tration has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
Flood insurance study is the official report provided by the
Federal Insurance Administration. The report contains flood
profiles, as well as the flood hazard boundary-floodway map
and the water surface elevation of the base floor.
Habitable floor means any floor usable for living
purposes, which includes working, sleeping, eating, cooking
or recreation, or a combination thereof. A floor used only for
storage purposes is not a "habitable floor".
Mangrove stand means an assemblage of mangrove trees
which is mostly low trees noted for a copious development of
interlacing adventitious roots above the ground and which
M.
FLOOD CONTROL g 6-20
contain one or more of the following species: Black
mangrove (Avicennia Nitida); red mangrove (Rhizophora
Mangle); white mangrove (Languncularia Racemosa); and
buttonwood (Conocarpus Erecta).
Mean sea level means the average height of the sea for all
stages of the tide.
New construction means structures for which the "start of
construction" commenced on or after the effective date of
this ordinance.
Sand dunes mean naturally occurring accumulations of
sand in ridges or mounds landward of the beach.
Start of construction means the first placement of
permanent construction of a structure on a site, such as the
pouring of slabs or footings or any work beyond the stage of
excavation, including the relocation of a structure. Perma-
nent construction does not include the installation of streets
and/or walkways; nor does it include excavation for a
basement, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not as part of the main
structure. For a structure without a basement or poured
footings, the "start of construction" includes the first
permanent framing or assembly of the structure or any part
thereof on its piling or foundation.
Structure means a walled and roofed building that is
principally above ground.
Substantial improvement means, for a structure built prior
to the enactment of this article, any repair, reconstruction,
or improvement of a structure, the cost of which equals or
exceeds fifty percent of the market value of the structure
either:
(1) before the improvement or repair is started, or
(2) if the structure has been damaged and is being re-
stored, before the damage occurred.
Supp. No. 5
607
§ 6-20 GULF STREAM CODE
For the purposes of this definition "substantial improve-
ment" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the
external dimensions of the structure. The term does not,
however, include either:
(1) any project for improvement of a structure to comply
with existing state or local health, sanitary, or safety
code specifications which are solely necessary to
assure safe living conditions, or
(2) any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of
Historic Places.
Variance is a grant of relief to a person from the
requirements of this article which permits construction in a
manner otherwise prohibited by this ordinance where
specific enforcement would result in unnecessary hardship.
(Ord. No. 78-2, Art. 2, 6-9-78)
Sec. 6-21. Scope.
This article shall apply to all areas of special flood hazard
within the jurisdiction of the Town of Gulf Stream. (Ord.
No. 78-2, Art. 3, § A, 6-9-78)
Sec. 6-22. Basis for establishing the areas of special
flood hazard.
The areas of special flood hazard identified by the Federal
Emergency Management Agency through a scientific and engi-
neering report entitled "The Flood Insurance Study for the Town
of Gulf Stream," dated September 30, 1982, with accompanying
flood insurance rate maps are adopted by reference and declared
to be a part of this article. (Ord. No. 78-2, Art. 3, 6-9-78; Ord. No.
82-2, § 1, 9-10-82)
Sec. 6-23. Compliance required.
No structure or land shall hereafter be located, extended,
converted or structurally altered without full compliance
Supp. No.5 608
FLOOD CONTROL § 6.23
with the terms of this article and other applicable
regulations. (Ord. No. 78-2, Art. 3, § D, 6-9-78)
Supp. No. 5 608.1
FLOOD CONTROL § 6-26
Sec. 6-24. Warning and disclaimer of liability.
The degree of flood protection required by this article is
considered reasonable for regulatory purposes and is based
on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This article does
not imply that land outside the areas of special flood hazard
or uses permitted within such areas will be free from
flooding or flood damages. This article shall not create
liability on the part of [Town of Gulf Stream] or by any
officer or employee thereof for any flood damages that result
from reliance on this article or any administrative decision
lawfully made thereunder. (Ord. No. 78-2, Art. 3, § G,
6-9-78)
Sec. 6-25. Interpretation.
(a) This article is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restric-
tions. However, where this article and another conflict or
overlap, whichever imposes the more stringent restrictions
shall prevail.
(b) In the interpretation and application of this article all
provisions shall be:
(1) considered as minimum requirements;
(2) liberally construed in favor of the governing body;
and,
(3) deemed neither to limit nor repeal any other powers
granted under state statutes. (Ord. No. 78-2, Art. 3, §§
E, F, 6-9-78)
Sec. 6-26. Violations.
Violation of the provisions of this article or failure to
comply with any of its requirements, including violation of
conditions and safeguards established in connection with
grants of variance or special exceptions, shall constitute a
misdemeanor. Any person who violates this ordinance or
fails to comply with any of its requirements shall upon
§ 6-26 GULF STREAM CODE
conviction thereof, be fined not more than one hundred
dollars ($100.00) or imprisoned for not more than thirty (30)
days, or both, and in addition shall pay all costs and
expenses involved in the case. Each day such violation
continues shall be considered a separate offense. Nothing
herein contained shall prevent the Town of Gulf Stream
from taking such other lawful action as is necessary to
prevent or remedy any violation. (Ord. No. 78-2, Art. 3, § H,
6-9-78)
Sees. 6-27-6-35. Reserved.
DIVISION 2. ADMINISTRATION AND ENFORCEMENT
Sec. 6-36. Local administrator.
(a) The town clerk is hereby appointed to administer and
implement the provisions of this article.
(b) Duties of the town clerk shall include, but not be
limited to:
(1) Review all development permits to assure that the
permit requirements of this article have been satis-
fied.
(2) Advise permittee that additional federal or state
permits may be required, and if specific federal or
state permits are known, require that copies of such
permits be provided and maintained on file with the
development permit.
(3) Verify and record the actual elevation (in relation to
mean sea level) of the lowest floor (including
basement) of all new or substantially improved
structures.
(4) Verify and record the actual elevation (in relation to
mean sea level) to which the new or substantially
improved structures have been flood -proofed.
(5) In coastal high hazard areas certification shall be
obtained from a registered professional engineer or
architect that the structure is securely anchored to
610
FLOOD CONTROL 96-37
adequately anchored pilings or columns in order to
withstand velocity waters and hurricane wave wash.
(6) In coastal high hazard areas, the Town Clerk shall
review plans for the adequacy of breakaway walls in
accordance with section 6-47(5)(h).
(7) When flood -proofing is utilized for a particular
structure, the town clerk shall obtain certification
from a registered professional engineer or architect.
(8) Where interpretation is needed as to the exact location
of the boundaries of the areas of special flood hazard
(for example, where there appears to be a conflict
between a mapped boundary and actual field condi-
tions) the town clerk shall make the necessary
interpretation. The person contesting the location of
the boundary shall be given a reasonable opportunity
to appeal the interpretation as provided in this article.
(9) All records pertaining to the provisions of this article
shall be maintained in the office of the town clerk and
shall be open for public inspection. (Ord. No. 78-2,
Art. 4, § B, 6-9-78)
Sec. 6-37. Development permit.
(a) A development permit shall be required in con-
formance with the provisions of this article.
(b) Application for a development permit shall be made to
the town clerk on forms furnished by him and may include,
but not be limited to, the following plans in duplicate drawn
to scale showing the nature, location, dimensions, and
elevations of the area in question; existing or proposed
structures, fill storage of materials; drainage facilities, and
the location of the foregoing. Specifically, the following
information is required:
(1) Elevation in relation to mean sea level of the lowest
floor (including basement) of all structures.
(2) Elevation in relation to mean sea level to which any
non-residential structure has been flood -proofed.
611
§ 6-37
GULF STREAM CODE
(3) Provide a certificate from a registered professional
engineer or architect that the non-residential flood -
proofed structure meets the flood -proofing criteria in
section 6-47(2).
(4) Description of the extent to which any watercourse
will be altered or relocated as a result of proposed
development. (Ord. No. 78-2, Art. 4, § G, 6-9-78)
Sec. 6-38. Variance procedures.
(1) The town commission, sitting as the zoning board,
shall hear and decide appeals and requests for variances
from the requirements of this article.
(2) The zoning board shall hear and decide appeals when
it is alleged there is an error in any requirement, decision or
determination made by the town clerk in the enforcement of
administration of this article.
(3) Any person aggrieved by the decision of the zoning
board or any taxpayer may appeal such decision to the
Circuit Court of the Fifteenth Judicial Circuit of the State of
Florida.
(4) Variances may be issued, for the reconstruction,
rehabilitation or restoration of structures listed on the
National Register of Historic Places or the state inventory
of historic places without regard to the procedures set forth
in the remainder of this section.
(5) In passing upon such applications, the zoning board
shall consider all technical evaluations, all relevant factors,
standards specified in other sections of this article, and:
(a) the danger that materials may be swept onto other
lands to the injury of others;
(b) the danger to life and property due to flooding or
erosion damage;
(c) the susceptibility of the proposed facility and its
contents to flood damage and the effect of such
damage on the individual owner;
612
FLOOD CONTROL § 6-38
(d) the importance of the services provided by the
proposed facility to the community;
(e) the necessity to the facility of a waterfront location,
where applicable;
(f) the availability of alternative locations, not subject to
flooding or erosion damage, for the proposed use;
(g) the compatibility of the proposed use with existing
and anticipated development;
(h) the relationship of the proposed use to the comprehen-
sive plan and flood plain management program for
that area;
(i) the safety of access to the property in times of flood
for ordinary and emergency vehicles;
(j) the expected heights, velocity, duration, rate of rise
and sediment transport of the flood waters and the
effects of wave action, if applicable, expected at the
site; and,
(k) the costs of providing governmental services during
and after flood conditions including maintenance and
repair of public utilities and facilities such as sewer,
gas, electrical, and water systems, and streets and
bridges.
(1) Generally, variances may be issued for new construc-
tion and substantial improvements to be erected on a
lot of one-half acre or less in size contiguous to and
surrounded by lots with existing structures construct-
ed below the base flood level, providing items (a—k)
have been fully considered. As the lot size increases
beyond the one-half acre, the technical justification
required for issuing the variance increases.
(6) Upon consideration of the factors listed above and the
purposes of this article, the zoning board may attach such
conditions to the granting of variances as it deems
necessary to further the purposes of this article.
613
§ 6-38 GULF STREAM CODE
(7) Conditions /or Variances:
(a) Variances shall only be issued upon a determination
that the variance is the minimum necessary, consider-
ing the flood hazard, to afford relief.
(b) Variances shall only be issued upon:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance
would result in exceptional hardship to the
applicant; and,
(iii) a determination that the granting of a variance
will not result in increased flood heights, addition-
al threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or
victimization of the public, or conflict with
existing local laws or ordinances.
(c) Any applicant to whom a variance is granted shall be
given written notice specifying the difference between
the base flood elevation and the elevation to which the
structure is to be built and stating that the cost of
flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor
elevation.
(d) The town clerk shall maintain the records of all
appeal actions and report any variances to the
Federal Insurance Administration upon request. (Ord.
No. 78-2, Art. 4, § D, 6-9-78)
Secs. 6-39-6-45. Reserved.
DIVISION 3. PROVISIONS FOR FLOOD HAZARD
REDUCTION
Sec. 6-46. Generally.
In all areas of special flood hazard the following
provisions are required:
614
FLOOD CONTROL § 6-47
(1) All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or
lateral movement of the structure.
(2) All new construction and substantial improvements
shall be constructed with materials and utility
equipment resistant to flood damage.
(3) All new construction or substantial improvements
shall be constructed by methods and practices that
minimize flood damage.
(4) All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of
flood waters into the system.
(5) New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of
flood waters into the systems and discharges from the
systems into flood waters.
(6) On-site waste disposal systems shall be located to
avoid impairment to them or contamination from
them during flooding.
(7) Any alteration, repair, reconstruction, or improve-
ments to a structure on which the start of construction
was begun after the effective date of this ordinance,
shall meet the requirements of "new construction" as
contained in this article. (Ord. No. 78-2, Art. 5, § A,
6-9-78)
Sec. 6-47. Areas where base flood elevation known.
In all areas of special flood hazard where base flood
elevation data has been provided, the following provisions
are required:
(1) Residential construction. New construction or sub-
stantial improvement of any residential structure
shall have the lowest floor, including basement,
elevated to or above base flood elevation.
(2) Nonresidential construction. New construction or
substantial improvement of any construction other
615
§ 6-47 GULF STREAM CODE
e
than residential shall either have the lower floor,
including basement, elevated to the level of the base
flood elevation or, together with attendant utility and
sanitary facilities, be flood -proofed so that below the
base flood level the structure is water tight with walls
substantially impermeable to the passage of water and
with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and
effects of buoyancy. A registered professional engineer
or architect shall certify that the standards of this
subsection are satisfied. Such certification shall be
provided to the official as set forth in section
6-37(b)(3).
(3) Coastal High Hazard Areas (V Zones). Located within
the areas of special flood hazard established in section
6-21, are areas designated as coastal high hazard
areas. These areas have special flood hazards
associated with high velocity waters from tidal surge
and hurricane wave wash, therefore, the following
provisions shall apply: i
(a) All buildings or structures shall be located
landward of the reach of the mean high tide.
(b) All buildings or structures shall be elevated so
that the lowest supporting member is located no
lower than the base flood elevation level, with all
space below the lowest supporting member open so
as not to impede the flow of water, except for
breakaway walls.
(c) All buildings or structures shall be securely
anchored on pilings or columns.
(d) Pilings or columns used as structural support
shall be designed and anchored so as to withstand
all applied loads of the base flood flow.
(e) Compliance with provisions contained above shall
be certified to by a registered professional
engineer or architect.
(f) There shall be no fill used as structural support.
616
FLOOD CONTROL § 6-48
(g) There shall be no alteration of sand dunes or
mangrove stands which would increase potential
flood damage.
(h) Breakaway walls shall be allowed below the base
flood elevation provided they are not part of the
structural support of the building and are
designed so as to breakaway, under abnormally
high tides or wave action, without damage to the
structural integrity of the building on which they
are to be used and provided the design specifica-
tions as determined by the town's consulting
engineer are met.
(i) If breakaway walls are utilized, such enclosed
space shall not be used for human habitation.
(j) Prior to construction, plans for any structure that
will have breakaway walls must be submitted to
the town's consulting engineer for approval.
(k) Any alteration, repair, reconstruction or improve-
ment to a structure started after the enactment of
this article shall not enclose the space below the
lowest floor unless breakaway walls are used as
- provided for above.
(4) Mobile Homes. No mobile home is permitted within
any zoning category in the Town of Gulf Stream.
(Ord. No. 78-2, Art. 5, § B, 6-9-78)
Sec. 6-48. Subdivisions.
(1) All subdivision proposals shall be consistent with the
need to minimize flood damage.
(2) All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage.
(3) All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood hazards.
(4) Base flood elevation data shall be provided for
subdivision proposals and other proposed development
which is greater than the lesser of fifty (50) lots or five (5)
acres. (Ord. No. 78-2, Art. 5, § C, 6-9-78)
617 [The next page is 7071
Chapter 7
LICENSES AND BUSINESS REGULATIONS
Art. I. In General, §§7-1-7-15
Art. II. Solicitors, §§ 7-16-7-21
ARTICLE I. IN GENERAL
Sec. 7-1. Classification and levy of tax.
(a) Under the authority of the charter, the town is
authorized to levy occupational license taxes on:
(1) Any person who maintains a permanent business
location or branch office within said municipality for
the privilege of engaging in or managing any
business within its jurisdiction;
" \ (2) Any person who maintains a permanent business
location or branch office within said municipality for
the privilege of engaging in or managing any
profession or occupation within its jurisdiction; and
(3) Any person who does not qualify under the provisions
of subsections (1) and (2) above, and who transacts
any business or engages in any occupation or
profession in interstate commerce where such license
tax is not prohibited by Section 8 of Article 1 of the
United States Constitution.
(b) Pursuant to the provisions of subsection (a), the
following occupational license taxes are levied:
(1) Any general building contractor including seawall and
groin contractors doing business as outlined in
subsections (1), (2) and (3) above shall pay the annual
license tax of one hundred dollars ($100.00).
(2) Any other business firm or corporation engaging in
any lawful business, profession or occupation doing
business as outlined in subsections (1), (2) and (3)
Supp. No. 1
707
§ 7-1 GULF STREAM CODE
above, shall pay the annual license tax of forty dollars
($40.00).
(c) In addition, there is hereby levied a fee of two dollars
($2.00) on each licensee who has a countywide license. (Ord.
No. 72-4, § 1, 10-13-72; Mo. of 8-1-74; Ord. No. 80-6, § 1,
9-12-80)
Sec. 7-2. Term; transfer.
(a) No license shall be issued for more than one year and
all licenses shall expire on October first of each year.
(b) All business licenses may be transferred to a new
owner when there is a bona fide sale of the business, upon
payment of a transfer fee of three dollars ($3.00), and
presentation of evidence of sale and the original license.
(c) Upon written request and presentation of the original
license, any license may be transferred from one location to
another location in the town upon payment of a transfer fee
of three dollars ($3.00). (Ord. No. 724, § 2, 10-13-72)
Sec. 7-3. Dates due and penalties.
(a) All licenses shall be sold beginning September first of
each year and shall be due and payable on October first of
each year and shall expire on September thirtieth of the
succeeding year. Licenses not renewed by October first shall
be considered delinquent and subject to a delinquency
penalty of ten (10) per cent for the month of October plus an
additional five (5) per cent penalty for each month of
delinquency thereafter until paid; provided, that the total
delinquency penalty shall not exceed twenty-five (25) per
cent of the occupational license fee for the delinquent
establishment.
(b) Any person engaging in or managing any business,
occupation or profession without first obtaining a local
occupational license, if required hereunder, shall be subject
to a penalty of twenty-five (25) per cent of the license
determined to be due. (Ord. No. 72-4, § 3, 10-13-72)
Supp. No. 1
708
LICENSES AND BUSINESS REGULATIONS § 7-18
Secs. 7-4-7-15. Reserved.
ARTICLE II. SOLICITORS
Sec. 7-16. Definition.
The term solicitor means a person who goes from door to
door visiting multi -family or single-family dwellings for the
following purposes:
(1) To sell any goods, wares or merchandise or accept
subscriptions or orders therefor.
(2) To accept or request donations for any charitable
purpose. (Ord. No. 79-4, § 2, 5-10-79)
Sec. 7-17. Registration.
All persons, before entering into or upon a residential
premises within the town for the purpose of soliciting, shall
register with the town clerk and furnish the following:
(1) The name, local and permanent address, age, weight,
height, color of hair and eyes, and any other
distinguishing physical characteristics of the appli-
cant.
(2) The nature or purpose for which solicitations will be
made and the nature of the goods, wares and
merchandise offered for sale.
(3) The name and address of the employer or organization
represented.
(4) A statement as to whether the applicant has been
convicted of any felony or misdemeanor, and if so, the
nature of the offense, when and where convicted and
the penalty or punishment assessed therefor.
(5) The length of time for which the right to do business
is desired. (Ord. No. 79-4, § 3, 5-10-79)
Sec. 7-18. Permit.
(a) Upon furnishing the information required upon
registration, the applicant shall be issued a permit, unless
709
§ 7-18 GULF STREAM CODE
the information furnished in compliance with this article
shows the applicant's character or business responsibility to
be found unsatisfactory, in which case the town clerk shall
endorse on such application his disapproval and his reasons
for the same. A permit issued under this article shall be
good for one year from the date of issuance, unless earlier
revoked as provided in this Chapter, or unless issued for a
shorter period of time as specified in the license. Every
solicitor shall carry his permit with him at all times while
engaged in soliciting within the town, and shall display the
same to any person who shall demand to see the same while
he is so engaged.
(b) A fee of ten dollars ($10.00) to cover the cost of
investigation of the applicant and processing of the
application for a permit shall be paid to the town clerk when
the application is filed, and shall not be returnable under
any circumstances.
(c) The town clerk or his designated agent shall revoke
any permit issued under this article if he finds that the
permittee has given false information or has knowingly
withheld information in obtaining the same or upon
violation of any provision of this article. (Ord. No. 79-4, §§
4-6, 5-10-79)
Sec. 7-18.1. Unauthorized use of identification card.
No identification card issued under the provisions of this
article shall be used at any time by any person other than
the one to whom it was issued. (Ord. No. 79-4, § 7, 5-10-79)
Sec. 7-19. Other prohibited acts.
No person shall:
(1) Enter into or upon a residential premises in the town
under false pretenses to solicit for any purpose or for
the purpose of soliciting orders for the sale of goods,
wares or merchandise.
(2) Remain in or on any residential premises after the
owner or occupant has requested any such person to
leave.
710
LICENSES AND BUSINESS REGULATIONS § 7.21
(3) Enter upon any residential premises for soliciting
when the owner or occupant has displayed a "no
soliciting" or "no peddlers" sign on such premises.
(4) Engage in the practice of soliciting in the town
without a permit as provided for in this article.
No solicitation shall occur except during daylight hours
and it shall be unlawful to solicit at any time other than
daylight hours. It shall be unlawful for any person to solicit
on Sundays. (Ord. No. 79-4, § 8, 5-10-79)
Sec. 7-20. Exceptions.
The provisions of this article shall not apply to:
(1) Any person who visits any residence or apartment at
the request or invitation of the owner or occupant
thereof.
(2) Unpaid members of any civic or charitable organiza-
tion who are registered as such with the town clerk
and the names of the solicitors have been listed as
such members and the organization has provided each
person listed with an approved means of identification
with the organization represented.
(3) Newsboys soliciting subscriptions to any newspaper
for home delivery within the town.
(4) Route delivery men who make deliveries at least once
a week to regular customers and whose solicitation is
only incidental to their regular deliveries. (Ord. No.
79-4, § 9, 5-10-79)
Sec. 7-21. Penalty.
Any person violating the provisions of this article, upon
conviction thereof, shall be fined in an amount not to exceed
one hundred dollars ($100.00) for each offense. Each day a
violation occurs shall constitute a separate offense. (Ord.
No. 79-4, § 10, 5-10-79)
[The next page is 816]
711
Chapter 8
OFFENSES AND MISCELLANEOUS PROVISIONS•
Art. I. In Ueneral, gg 8-1-8-20
Art. II. Watercraft, §§ 8-21-8-40
Art. III. Alarm Systeme, §§ 8-41-8-60
Div. 1. Generally, §§ 8-41-8-45
Div. 2. Burglar Alarms, §§ 8-46-8-60
ARTICLE I. IN GENERAL
Sec. 8-1. Reserved.
Editor's note—Section 112 of the city's 1930 code, from which section
8-1 was derived was repealed by Ord. No. 79-11.
Sec. 8-2. Damaging public property.
It shall be unlawful for any person to willfully and
maliciously destroy or attempt to destroy, or injure,
mutilate, or disfigure or misplace any public property of any
kind, nature or character whatsoever, belonging to the town
or property used by any officer, agent, employee or workman
of this town in his official duty, employment or work. (Cede
1930, § 102)
Sec. 8-3. Discharge of firearms.
It shall be unlawful for any person to shoot, set off or
discharge any firearm, firecracker, torpedo, fireworks or
other explosive in the town. (Code 1930, § 100)
Sec. 8-4. Open fires.
It shall be unlawful for any person to set an open fire on
any lot, street, alley, park or other public place. (Code 1930, §
101)
Sec. 8-5. Litter.
(a) It shall be unlawful for any person to throw or discard
from any automobile or vehicle, or otherwise to discard,
'Cross references—Animals running at large prohibited, § 3.1.
Supp. No. 3 815
§ 8.5 GULP STREAM CODE.
throw or deposit any refuse, rubbish, trash, paper, bottles,
cans, boxes or other containers, or any other thing or
substance whatever, on a street, road or highway in the
town or on the property adjoining such street, road or
highway, or to throw or discard any filth, dirt, garbage,
shells, trash or refuse or other thing in the waters of the
canal or the Atlantic Ocean or in any waters within the
town limits or adjacent to the town limits.
(b) This section shall not apply to persons or property
owners residing in the town when depositing trash or
rubbish in a proper place for collection by the town trash
collector. (Ord. No. 112, § 1, 4-13-57; Ord. No. 115, § 1,
2-8-58)
Sec. 8-6. Reserved.
Editor's note—Ord. No. 72-3, from .vhich section 8.6 was derived was
repealed by Ord. No. 79-12.
Sec. 8-7. Clearance of debris, etc., from vacant lots.
The commission, through the clerk, or otherwise, shall
ascertain from time to time whether vacant lots within the
town are kept clean and free of weeds, trash, undergrowth,
brush, filth, garbage and other refuse. If it ascertains that
any lots are not so kept it shat' order the owners of such lots
to clean the same within ten (10) days from the service of
notice upon them, which notice may be served personally,
by phone or by mail. In case the owner of any lot shall fail
to comply with the order of the commission within the ten
(10) days prescribed, then and in that event the commission
shall proceed to clean such Lots and pay for the same out of
any funds in the town treasury available for that purpose.
The cost of cleaning such lots, plus ten (10) per cent for
administration and accounting, shall be assessed against
the lots cleaned and the amount shall also be the personal
obligation of the owners to the town. Such cost shall be a
lien against the property cleaned and the amount thereof
shall be due and payable within thirty (30) days after notice
of assessment has been mailed to the owner or owners by
the town clerk. Interest shah accrue on all unpaid
Supp. No. 3
816
OFFENSES AND MISCELLANEOUS PROVISIONS § 8-11
assessments after said thirty (30) day period at the rate of
six (6) per cent per annum until paid. The notification
required by this section may be carried out by the clerk or
any other town employee directed to do so. (Ord. No. 118, §
1,9-13-58)
Secs. 8-8, 8-9. Reserved.
Editor's note—Ord. No. 111, from which section 8-8 was derived was
repealed by Ord. No. 79-10. Section 8-9 is deleted as superseded by Ord.
No. 79-2, see § 8-23.
Sec. 8-10. Regulations for construction or operation
of machinery; hours of operation.
The erection (including excavating), demolition, alteration
or repair of any building, other than between the hours of
8:00 a.m. and 5:00 p.m. on weekdays including Saturday, is
hereby prohibited, except in case of urgent necessity in the
interest of public health and safety, and then only with a
permit from the building inspector or town manager. The
permit may be granted for a period not to exceed three (3)
days or less while the emergency continues. If the building
inspector or town manager determines that the public health
and safety will not be impaired by the erection, demolition,
alteration or repair of any building or the excavation of
streets and highways within the hours of 5:00 p.m. and 8:00
a.m., and further determines that loss or inconvenience
would result to any party in interest, he may grant
permission for such work to be done within the hours of 5:00
p.m. and 8:00 a.m., upon application being made at the time
the permit for the work is awarded or during the progress of
the work except that the owner or lessee of a single-family
residence, when a city license is not required, may work on
his property during the hours of 8.00 a.m. to 8:00 p.m. on
Monday through Saturday. (Ord. No. 74-4, § 1, 4-12-74)
Sec. 8-11. Adoption of state misdemeanors.
(a) The Town of Gulf Stream, Florida, does hereby adopt
the laws of the State of Florida presently in existence, and
as they are amended, added to, deleted or changed
Supp. No. 3
817
§ 8-11 GULF STREAM CODE
hereafter, relating to misdemeanors as valid and existing
ordinances of the Town of Gulf Stream, Florida.
(b) It shall be unlawful to commit within the corporate
limits of the Town of Gulf Stream, Florida, any act which is
or shall be recognized by the laws of the State of Florida
and this Section as a misdemeanor.
(c) Any person, firm or corporation violating any of the
provisions hereof shall, upon conviction thereof, be punished
as set forth by the laws of the State of Florida relating to
misdemeanors and as set forth by the Ordinances of the
Town of Gulf Stream, Florida. (Ord. No. 79-5, §§ 1-3,
5-10-79)
Sec. 8-12. Garage sales.
(a) Prohibited. Garage sales are hereby prohibited within
the town limits.
(b) Definition. "Garage sales" as used in this section, is
hereby defined to mean any sale or offering for sale of
personal property by a person or persons of a family or
other household unit, said personal property having been
acquired, possessed and used by the family or household for
personal as opposed to business or commercial use, when
such sale is to be or is conducted at the present residence of
such family or household. "Garage sales" shall include sales
commonly referred to as patio sales, driveway sales, yard
sales and other such sales.
(c) Penalty. Any person, firm or corporation convicted of a
violation of this section or of permitting a violation hereof
and conducting a garage sale shall be punished in
accordance with the general penalty section of the Code of
Ordinances of the town. (Ord. No. 81-2, §§ 1-3, 6-12-81)
Editor's note—Ord. No. 81-2, §§ 1-3, enacted June 12, 1981, did not
expressly amend the Code; hence, inclusion as § 8-12 has been at the
editor's discretion.
Secs. 8-13-8-20. Reserved.
Supp. No. 3
818
OFFENSES AND MISCELLANEOUS PROVISIONS § 8-23
ARTICLE II. WATERCRAFT*
Sec. 8-21. Use as residence.
No boat or vessel shall be used or maintained within the
town as a place of residence or for sleeping or living
purposes. For purposes of this section, a "place of residence
or for sleeping or living purposes" shall mean the
occupation of a vessel for a period greater than twenty-four
(24) consecutive hours. (Ord. No. 79-2, § 5, 5-10-79)
Sec. 8-22. Permit required for docking.
No boat or vessel in excess of eighteen (18) feet shall be
docked within the waters in or adjacent to the town for a
period in excess of three (3) days unless the owner or person
in control thereof shall first register the vessel with the town
manager. No permit shall be issued for the docking of any
such vessel if the docking facilities provided therefor are
inadequate to protect the public health, safety and welfare,
nor shall any such permit be issued for a period in excess of
one year. In no event shall any vessel be docked at other
than a dock accessory to a residence. (Ord. No. 79-2,
5-10-79; Ord. No. 80-2, § 2, 3-14-80)
Sec. 8-23. Anchoring or mooring.
No boat or vessel shall be moored or anchored within the
town for a longer period than twenty-four (24) hours in any
consecutive thirty -day period. This section shall not apply
to the permanent docking of boats or vessels to piers which
are accessory uses to residential dwelling units within the
town if the vessel is owned by the owner of the residential
dwelling unit of which the pier is an accessory use or said
vessel is owned by a guest of the owner of the residential
dwelling unit and accessory dock facility to which the
•Editor's note—Article II of chapter 8 of this Code as originally adopted
consisted of Ord. No. 72-2 and Ord. No. 114. Ord. No. 72-2 (sections
8-21-8-27) are deleted as superseded by Ord. No. 78.3, codified by the
editor as § 11-16 at seq. Ord. No. 114, (section 8-28) has been redesignated
as § 11-1 by the editor.
Supp. No. 3 819
§ 8-23 GULF STREAM CODE
vessel is attached. (Ord. No. 79-2, § 2, 5-10-79; Ord. No.
80-2, § 1, 3-14-80)
Sec. 8-24. Maintenance restrictions.
It shall be unlawful for the owner of any boat within the
waters of the Town of Gulf Stream, or any person under his
supervision and direction to perform any heavy mainte-
nance on said boat within the town other than the normal
day-to-day maintenance required to maintain said vessel
and any maintenance of an emergency nature. Heavy
maintenance shall include but not be limited to over-
hauling, installing, rebuilding or repairing of engines and
other work which may be in the form of reconstruction or
building which is considered to be outside the scope of the
normal day-to-day maintenance of such a vessel. (Ord. No.
79-2, 5-10-79; Ord. No. 80-2, § 3, 3-14-80)
Sec. 8-25. Reckless operation.
It shall be unlawful for any person to operate any
watercraft within the town in a willful or wanton disregard
for the safety of persons or property. (Ord. No. 79-2, § 1,
5-10-79)
Sec. 8-26. Speed.
It shall be unlawful to operate any boat or vessel upon
any waterway within the town at a rate of speed which
causes or may cause waves to damage docks, wharves, sea
walls or boats moored or tied to a dock or wharf along such
waterway. (Ord. No. 79-2, § 2, 5-10-79)
Sec. 8-27. Noise.
It shall be unlawful to operate any watercraft with an
outboard or inboard motor not having properly muffled
exhaust within the town in such manner as to annoy or
disturb the quiet, comfort or repose of any person in any
dwelling or residence or of any person in the vicinity. (Ord.
No. 79-2, § 3, 5-I.0-79)
Supp. No. 3
820
OFFENSES AND MISCELLANEOUS PROVISIONS § 8-46
Sec. 8-28. Discharge of waste.
It shall be unlawful for any person to discharge or permit
or allow any other person on a vessel under his control or
command, to discharge any human or animal excreta from
any head, toilet or similar facility on any vessel, or throw,
discharge, deposit or leave or cause or permit to be thrown,
discharged, deposited or left from any vessel any refuse or
[natter of any description into the waters of the town. (Ord.
No. 79-2, § 6, 5-10-79)
Sec. 8-29. Violations.
Any person found to be in violation of the terms of this
article shall be fined not less than twenty-five dollars
($25.00) nor more than one hundred dollars ($100.00) for
each violation occurring hereunder. A separate violation
shall occur for each day a violation of the terms hereof shall
occur and any person violating the terms of this article
shall be penalized for each violation separately. (Ord. No.
79-2, § 7, 5-10-79)
Secs. 8-30-8-40. Reserved.
ARTICLE III. ALARM SYSTEMS
DIVISION 1. GENERALLY
Secs. 8-41-8-45. Reserved.
DIVISION 2. BURGLAR ALARMS*
Sec. 8-46. Short title.
This division may be cited as "The Burglar Alarm
Ordinance." (Ord. No. 81-1, § 1, 6-12-81)
*Editor's note—At the discretion of the editor, Ord. No. 81-1, §§ I-15,
adopted June 12, 1981, has been included as herein set out in Art. III, Div.
2, §§ 8-46-8-60. Said provisions did not expressly amend the Code.
Cross reference—Licenses and business regulations, Ch. 7.
Supp. No. 3
821
§ 8-47 GULF STREAM CODE
Sec. 8-47. Definitions.
As used in this division the following words shall have
the meanings ascribed to them by this section:
Alarm shall mean any device which is designed and used
in a building for the detection and alerting of others of
unauthorized entry, or any other crime, and which emits a
sound, signal, or message, when activated.
Alarm business shall mean any person licensed to sell,
lease, maintain, service, repair, alter, replace, move or
install any alarm for any building, place or premises.
Alarm user shall mean any person using an alarm.
Class A alarms shall mean all those activated alarms
which appear to have been activated by forced or illegal
entry.
Class B alarms shall mean all activated alarms which do
not qualify as class A alarm responses.
Person shall mean an individual, partnership or corpora-
tion. (Ord. No. 81-1, § 2, 6-12-81)
Sec. 8-48. Permit required.
It shall be unlawful for any person to have an alarm set
up to be operational unless that person first obtains an
alarm permit from the town. Those persons presently
maintaining an alarm within the town shall have sixty (60)
days from the effective date of this division in which to file
for an alarm permit. (Ord. No. 81-1, § 3, 6-12-81)
Sec. 8-49. Exemption.
This division shall not apply to the alarms attached to
motor vehicles or to publicly owned property. (Ord. No. 81-1,
§ 4, 6-12-81)
Sec. 8-50. Application.
Applications for alarm permits shall be made to the chief
of police on forms provided by the chief. Each application
Supp. No. 3
822
OFFENSES AND MISCELLANEOUS PROVISIONS § 8-53
shall be accompanied by a fee of ten dollars ($10.00). The
application shall state the name, address and telephone
number of the applicant's property to be serviced by the
alarm, and the name, address and telephone number of the
applicant's residence, if different. If the applicant's alarm is
installed or serviced by an alarm business, then the
applicant shall also include the name and address of that
business. A permit cannot be issued if the alarm business
intended to be used is not licensed by the town. (Ord. No.
81-1, § 5, 6-12-81)
Sec. 8-51. Issuance.
The chief of police shall issue an alarm permit only after
receiving the completed applications and only after the chief
determines that the proposed alarm will be correctly
installed, maintained and used. Any denial shall give
definite reasons. An application for the alarm permit may
be denied if an applicant falsifies any information on the
application and a knowing falsification shall be a violation
of this division. The chief may consider the type of alarm
and its history of functioning correctly, its proposed method
of installation and any other pertinent factors. (Ord. No.
81-1, § 6, 6-12-81)
Sec. 8-52. Denial; appeals.
Any applicant who is denied an alarm permit may seek
review of his denial by certiorari in the circuit court after
first appealing to the town commission. (Ord. No. 81-1, § 7,
6-12-81)
Sec. 8-53. Revocation.
An alarm permit may be revoked by the chief of police if
the alarm user or his designated agent:
(a) Fails to respond to his activated alarm within a
reasonable time when requested to do so by the police
department;
(b) Refuses to allow the police department to conduct a
reasonable inspection of the installed alarm pursuant
to section 8-56 of this division;
Supp. No. 3 823
§ 8-53 GULF STREAM CODE
(c) When his alarm system has signaled more than ten
(10) class B alarms to which the police department
responds within a period of six (6) consecutive
months; or
(d) When an alarm user has been found to have falsified
information on the alarm users permit application.
(Ord. No. 81-1, § 8, 6-12-81)
Sec. 8-54. Reinstatement.
If a permit has been revoked due to excessive alarms,
reinstatement can be obtained only if a licensed alarm
company inspects or repairs the system and submits a
report to the police department stating what has been done
to correct the problem and that the system is in working
order. If the alarm is maintained by that user and he refuses
to redesign or make any changes that a licensed alarm
business recommends or will not allow a licensed alarm
business to inspect or repair the system, then any class B
alarm received by the police department while the permit is
revoked will require payment of a fifty dollar fee. Any alarm
user found to be operating an alarm in violation of the
alarm user's permit will pay a fine of twenty-five dollars
($25.00) to be added to the original ten dollars ($10.00) in
order to be reinstated. (Ord. No. 81-1, § 9, 6-12-81)
Sec. 8-55. Service charge and appearance request.
It is hereby found and determined that more than tour (4)
class B alarms within three (3) months is excessive and
constitutes a public nuisance. A fee shall be charged to the
alarm user of any class B alarms after the allotted amount
of four (4). The fee, not to exceed twenty-five dollars ($25.00)
per alarm, shall be paid to the town as a service charge for
each excessive alarm so signaled. (Ord. No. 81-1, § 10,
6-12-81)
Sec. 8-56. Exemption hearing.
Any alarm user whose permit has been revoked may
appeal such action by filing an application for hearing
Supp. No. 3
824
PLANNING AND DEVELOPMENT § 9-16
emergency ordinance and Ordinance No. 79-7, known as the
"Fair Share Contribution for Road Improvements Ordi-
nance," enacted by the Board of County Commissioners of
Palm Beach County, Florida, effective July 11, 1979. It is the
intent of the town council that no portion of said county
ordinance shall be applicable within the corporate limits of
the town.
(b) Exemption. The town shall not collect the road
improvements impact fees as described in the aforesaid
county ordinance. (Ord. No. 79-9, §§ 2, 3, 7-13-79)
Editor's note—At the discretion of the editor, §§ 2 and 3 of Ord. No.
79-9, adopted July 13, 1979, have been codified as hereinabove set out in §
9-6. Said provisions were nonamendatory of the Code.
Seca. 9-7-9-15. Reserved.
ARTICLE II. PLATS•
See. 9-10. Required; contents.
Any person subdividing, platting or preparing for the
development of any tract of land within the limits of this
town, before filing for record the plat or map thereof in the
office of the Clerk of the Circuit Court of Palm Beach
County, Florida, shall file such proposed plat or map with
the commission, showing a complete description of such
tract of land, the size of the lots, blocks and other
subdivisions thereof and the streets, alleys, or other public
ways to be dedicated thereby. In case there are no alleys
'Cross reference—For detailed procedure for submission of plate eee
App. A, § X
Supp. No. 2 924.1
OFFENSES AND MISCELLANEOUS PROVISIONS § 8-60
before the town commission within thirty (30) days, or later
if said period is extended by the town commission. At the
hearing, the user may present evidence and witnesses to
support his claim that the revocation was unwarranted. The
burden of proving that such action was improper falls upon
the appellant. After hearing the presentation, and after
taking into consideration all other factors which it deems
relevant, the commission may recommend a course of action
to the chief of police. (Ord. No. 81-1, § 11, 6-12-81)
Sec. 8-57. Reporting servicing information.
Each alarm user shall maintain a current information
card with the police department, containing his name,
address and telephone number as well as the name, address
and telephone number of the person or persons who can
render service to the alarm system at any hour of the day or
night. Each alarm user shall immediately inform the police
department of any and all changes in the information on
file with the police department regarding such permit.
Failure to so inform the police department may constitute
grounds for revocation of the permit. (Ord. No. 81-1, § 12,
6-12-81)
Sec. 8-58. Prohibitions.
All audible alarms on the outside of a building must cut
off automatically no longer than thirty (30) minutes after
being set off. (Ord. No. 81-1, § 13, 6-12-81)
Sec. 8-59. Limitation of liability.
Neither the police department nor the town shall be under
any obligation or duty to an alarm user or to any other
person hereunder by reason of this division. The police
department and the town specifically disclaim liability for
any damages which may be caused by failure to respond to
an alarm. (Ord. No. 81-1, § 15, 6-12-81)
Sec. 8-60. Criminal penalties.
A violation of this division shall be punishable according
to law. (Ord. No. 81-1, § 14, 6-12-81)
Supp. No. 3 825 IThe next page is 9231
PLANNING § 9-32
(1) At the request of the commission, the town planning
board shall investigate and report to the commission
regarding any:
(a) "Nonconforming uses" under section VII of the
zoning ordinance.
(b) "Special exceptions" under section IX of the
zoning ordinance.
(c) "Plans, replan, plate or replats" under section
X(A) of the zoning ordinance.
(d) "Application for a building permit" under section
X(B) of the zoning ordinance.
(e) "Changes and amendments" under section XII of
the zoning ordinance.
(f) Other matters relating to the zoning ordinance or
to the general subject of town planning and the
needs of the town in connection therewith, which
may be referred to them by the commission.
(2) On its own initiative, the town planning board may
procure information and other data and make
recommendations to the commission, with regard to
any of the matters referred to in subdivision (1) above
and any suggestion or complaints relating thereto
submitted to them by any resident of the town and
generally with regard to all matters pertaining to the
town zoning ordinance and in connection with the
subject of town planning and to the needs of the town
in relation thereto. The commission may take such
action as it may see fit with respect to the
recommendations of the town planning board.
(3) In the conduct of the investigation of any matter
referred to it by the commission, the town planning
board shall be authorized to require submission to it
of the same evidence and other information as the
commission might require if acting directly in the
premises. Reference to the town planning board by the
commission of any of the matters above referred to
shall be entirely within the discretion of the commis -
927
§ 9-32 GULF STREAM CODE
sion and the commission may take such action with
respect to any report of the town planning board as
they may in their absolute discretion see fit and any
such action shall be final and conclusive. (Ord. No.
106, § 2, 2-9.53)
[The next page is 10271
928
Chapter 10
TRAFFIC
Sec. 10-1. Florida Uniform Traffic Control Law
adopted by reference.
Chapter 316, Florida Statutes, known as the "Florida
Uniform Traffic Control Law," is hereby adopted by
reference. (Ord. No. 71-2, § 1, 10-29-71)
Sec. 10-2. One-way street designated.
The following streets are declared to be one-way streets:
Cardinal Circle, and all traffic using said street shall travel
only in a southerly direction.
Oleander Way, between Banyan Road and Lakeview Drive,
and all traffic using said street shall travel only in a south-
erly direction.
(Ord. No. 119, § 1, 4-11-59; Ord. No. 82-3, § 1, 10-8-82)
Sec. 10-3. Parking of recreational equipment or com-
mercial vehicles.
(a) Panel trucks, pick up trucks, vans or similar types of
trucks and commercial vehicles of not over three-quarter ton
rated capacity and recreational, boating and camping
equipment in the form of travel and camping trailers, boats
on trailers, and truck trailers designed and used as
temporary living quarters for recreation, boating, camping,
or travel use may be parked on a lot containing a
single-family residence in the residential districts subject to
the following conditions:
(1) The equipment must be owned by and used primarily
by a resident of the premises; provided however that a
guest of the resident of the premises may park such
equipment in the front yard for not more than three
(3) days in any fourteen -day period.
(2) The location for such parked equipment shall be in the
rear yard or in the side yard to the rear of a line
Supp. No. 5 1027
§ 10-3 GULF STREAM CODF.
established by the front building line adjacent to the
side yard where the equipment is located; provided
however that on corner lots such equipment shall not
be parked on the side yard which faces a public street,
and also provided that it is effectively screened on
three (3) sides against direct view from abutting
properties by an ornamental fence or dense hedge.
This subsection is not to be construed as requiring
screening from direct view from the street in front of
the plat.
(3) Such equipment and the area of parking shall be
maintained in a clean, neat and presentable manner
and the equipment shall be in a usable condition at
all times.
(4) Such equipment shall at all times have attached a
current vehicle registration license plate and if
required a current inspection sticker.
(5) No major repairs or overhaul work on such equipment
which constitute either a public or private nuisance
shall be made or performed on the site.
(6) When parked on the site such equipment shall not be
used for living or sleeping quarters or for housekeep-
ing or storage purposes and shall not have attached
thereto any service connection lines except as may
periodically be required to maintain the equipment
and appliances.
(7) None of the vehicles or equipment described herein
may be parked in the area between the street plot line
and the structure; however one of the vehicles
described herein may be parked in the front yard
driveway for a period not exceeding four (4) hours in
any one twenty -four-hour period.
(8) None of the vehicles or equipment described herein
may be parked on a vacant lot within the town;
however, said equipment may be parked on a lot
adjacent to a lot containing a single-family residence
subject to a unity of title being executed by the owner
Supp. No. 5 1028
TRAFFIC 610-3
thereto and recorded in the public records of Palm
Beach County, said unity of title tying thereto the
vacant lot and the adjacent property containing the
single-family residence. Any of the equipment de-
scribed herein which is parked on the vacant lot shall
comply with all provisions of this section.
This subsection shall not apply to the parking of vans and
similar types of vehicles used primarily for personal
transportation rather than commercial purposes.
(b) No commercial vehicles or trucks over three-quarter
ton rated capacity may be parked on any property or
right-of-way within the town. This restriction shall not
apply to the temporary parking of such vehicles an private
property in residential areas whereon construction is
underway for which a current and valid building permit has
been issued by the town and said permit is properly
displayed on the premises. This restriction shall not apply to
routine deliveries by tradesmen or the use of trucks in
making service calls, providing that such time period is
actually in the course of business deliveries or servicing, as
the case may be. This restriction shall not apply to the
parking of emergency vehicles
providing that the time
parked is actually necessary for the emergency. This
restriction shall not apply to a situation where such vehicle
becomes disabled and, as a result of such emergency, is
required to be parked within a residential district for longer
than the time allowed herein. However, any such vehicles
shall be removed from the residential district within
twenty-four (24) hours by wrecker towing, if necessary,
regardless of the nature of the emergency; and the cost of
such towing shall be at the expense of the owner of the
vehicle. (Ord. No. 76-1, § 1, 3-12-76; Ord. No. 78-4, § 1,
10-2-78; Ord. No. 80-5, § 1, 7-11-80)
Supp. No.5 1029 IThe next page is 10791
Chapter 11
WATER
Art. 1. In General, §§ 11-1-11-15
Art. Ii. Water Emergencies, §§ 11-16-11-20
ARTICLE I. IN GENERAL
Sec. 11-1. Use of booster pumps.
It shall be unlawful for any person to install or use or
permit or cause to be installed or used any booster pump or
other device for the purpose of accelerating the flow or
increasing the pressure in any main used for the distribu-
tion of water furnished by Gulf Stream Golf Club to the
town, or upon any connection therewith on public or private
property. (Ord. No. 114, § 1, 2-8-58)
Editor's note—The above section was originally adopted as § 8-28 of the
Code, the editor has redesignated it as § 11-1. See Chapter 8, article II,
note.
Sec. 11-2. Rates and charges.
The schedule of rates and charges for the water
distribution system shall be as follows:
(a) Minimum seruice charge: The minimum service
charge shall be eighteen dollars ($18.00) per bimonthly
billing for thirty thousand (30,000) gallons or less.
(b) Rate per thousand gallons: The rate of all quantities
of water over and above the minimum bimonthly
service charge is sixty cents ($0.60) per each one
thousand (1,000) gallons or fraction thereof. (Ord. No.
77-6, § 1, 12-9-77; Ord. No. 80-4, § 1, 6-13-80)
Secs. 11-3-11-15. Reserved.
Supp. No. 1
1079
§ 11-16 GULF s,rREAM CODE
ARTICLE II. WATER EMERGENCIES
Sec. 11-16. Definitions.
[As used in this article the following terms shall mean as
follows:]
1. Town. Town means the Town of Gulf Stream, Florida.
2. Emergency Situation. Emergency situation means a
situation determined by the town clerk to exist due to
an insufficient supply of water of necessary quality to
meet the needs and demands of users of the Town
water supply system.
3. Person. Person means any person, firm, partnership,
association, corporation, company or organization of
any kind.
4. Water. Water means water from the town's potable
water supply system. (Ord. No. 78-3, § 1A, 5-12-78)
Sec. 11-17. Scope.
The provisions of this article shall apply to all persons to
whom water is supplied through the Town of Gulf Stream's
water system. (Ord. No. 78-3, § 1B, 5-12-78)
Sec. 11-18. Restriction of certain uses.
When an emergency situation is declared by the town
clerk, the town clerk shall have authority to order
restrictions on the use of water for any or all nonessential
purposes as determined by the town clerk, including, but not
limited to:
(1) Watering uegetation. The sprinkling, watering or
irrigating of shrubbery, trees, lawns, grass, ground
cover, plants, vines, gardens, vegetables, flowers or
any other vegetation.
(2) Washing mobile equipment. The washing of automo-
biles, trucks, trailers, campers, boats, railroad cars, or
any other type of mobile equipment.
Supp. No. 1
1080 i. J
WATER § 11-20
(3) Cleaning Equipment and Machinery. The washing
and cleaning of any business or industrial equipment
or machinery.
(4) Ornamental fountains and swimming pools. The
operation of any ornamental fountain, swimming
pool, wading pool or other structures making similar
uses of water unless same employs a recirculating
system.
(5) Escape through defective plumbing. The escape of
water through defective plumbing which is known to
the user or owner. (Ord. No. 78-3, § 1C, 5-21-78)
Sec. 11-19. Exceptions to restriction or curtailment.
Upon adequate determination of the need therefor, the
town clerk shall have the authority to permit reasonable use
of water as an exception to a restriction imposed under
Section 11-18 hereof if necessary to maintain adequate
health, safety and welfare standards for the users of the
Town water supply system. (Ord. No. 78-3, § 1D, 5-12-78)
Sec. 11-20. Violations and appeals.
Any person in violation of the provisions of this article
shall be penalized as follows:
(a) First violation: A written notice of violation will be
issued by a police officer of the town.
(b) Second violation: A fine of not less than fifty dollars
($50.00) or imprisonment not to exceed thirty (30) days
or both.
(c) Third and subsequent violations: A fine of not less
than one hundred dollars ($100.00) or imprisonment
not to exceed thirty (30) days or both, and the town
clerk's designee shall have the authority to order the
immediate discontinuance of water service. When
water service is discontinued hereunder, the person
aggrieved shall have the right to appeal the decision
of discontinuance to the town clerk who shall have the
authority to reverse or modify the discontinuance.
(Ord. No. 78-3, § 1, 5-12-78)
1081 [The next page is 1129]
APPENDIX A
ZONING ORDINANCE•
AN ORDINANCE TO PROMOTE THE HEALTH,
SAFETY, MORALS AND GENERAL WELFARE OF
THE INHABITANTS OF THE TOWN OF GULF
STREAM, FLORIDA; TO FACILITATE THE ADE
QUATE PROVISION OF TRANSPORTATION, SEW-
ERAGE, WATER, SCHOOLS, PARKS AND OTHER
PUBLIC REQUIREMENTS; TO REGULATE AND
RESTRICT THE LOCATION AND USE OF BUILD-
INGS, STRUCTURES, LAND AND WATER FOR
TRADE, INDUSTRY, RESIDENCE OR OTHER PUR,
POSE; TO REGULATE AND RESTRICT THE EREG
TION, CONSTRUCTION, RECONSTRUCTION OR
ALTERATION OF BUILDINGS; TO REGULATE AND
RESTRICT THE HEIGHT, NUMBER OF STORIES,
AND SIZE OF ALL BUILDINGS AND STRUCTURES,
AND THE SIZE OF ALL YARDS AND OTHER OPEN
SPACES SURROUNDING BUILDINGS; TO REGU-
LATE
EGULATE AND RESTRICT THE DENSITY OF POPULA-
TION, AND FOR ALL SAID PURPOSES TO DIVIDE
THE TOWN INTO DISTRICTS OF SUCH NUMBER,
SHAPE AND AREA AS MAY BE BEST SUITED TO
CARRY OUT THESE REGULATIONS AND AMEND-
MENTS; TO PROVIDE FOR ITS ENFORCEMENT;
PROVIDING FOR SPECIAL EXCEPTIONS IN
'Editor's note—'Phis appendix contains the town's zoning ordinance,
Ord. No. 106, which became effective on May 17, 1952. The ordinance is
printed as passed by the town and all amendments have been worked into
their proper locations, and are indicated as such by a history note enclosed
in parentheses ( ). The numbering system selected by the town has been
retained, but a standard system of upper and lower case lettere in
catchlines has been supplied by the editors. In other cases, where catchlines
were not supplied, the editors have inserted them and they are enclosed in
brackets [ ]. Obviously misspelled wards have been corrected without
comment.
Croce references—Buildings and building regulations, Ch. 4; flood
protection, Ch. 6; planning and zoning, Ch. 9; setback established, § 9.1;
fees for rezoning, § 9.2; fees for variance or special exception, § 9-3. -
1129
GULF STREAM CODE
EVENT OF HARDSHIP, AND PROVIDING PENAI,
TIES FOR THE VIOLATION HEREOF.
PREAMBLE
WHEREAS, pursuant to the provisions of Article 3, Section
1, Paragraph 37, Chapter 22,306, Laws of Florida, 1943
(Town of Gulf Stream, Florida Charter Act), after due,
deliberate and careful consideration, the Town Commis-
sion has caused to be prepared this Zoning Ordinance;
and
WHEREAS, The Town Commission did meet in regular
session on March 10, 1952, and carefully reviewed a
preliminary draft of a Proposed New Zoning Ordinance
and Map of the Town of Gulf Stream, Florida; and
WHEREAS, due and proper notice was given to each land
owner by the Town Clerk, said notice advising each land
owner (as listed on the 1951 Tax Rolls of the Town) of the
District and Zone his land would be located in, and that
the Town Commission did meet in public session at ten
o'clock A.M. on April 14, 1952, at the Town Hall, for the
purpose of discussing with all citizens of the Town the
introduction and passage on first reading of a complete
and comprehensive Zoning Ordinance and Map of the
entire Town, that a copy of said notice of said Town
Meeting was posted on the Town Bulletin Board at the
Town Hall, and at two other conspicious places within the
Town on March 10, 1952, and said notices remained so
posted continuously until April 14, 1952, and that a copy
of said notice was published in the Delray Beach News, a
newspaper of general circulation within the Town, in its
issues of March 13, 20, 27, April 3, 1952; and
WHEREAS, the Town Commission did, on March 10, 1952,
file with the Town Clerk, a copy of the Town Zoning
Ordinance and Zoning Map, for the inspection of all
citizens of the Town, and said Ordinance and Map did
remain on file at the Town Hall, with the Town Clerk, for
public inspection continuously from that date to the date
of its introduction and passage on first reading on April
14, 1952; and
1130
APPENDIX A—ZONING ORDINANCE
WHEREAS, it having been made to appear to the Town
Commission that because of the narrowness of the land
area of the Town, between the Atlantic Ocean and the
East Coast Canal, its character as a resort community—
mainly of homes, golf courses and polo fields, and
problems which will inevitably arise in the future if tall
residences and apartment houses are permitted, it is the
unanimous opinion and judgment of the Town Commis-
sion that no residence building shall be built above two
and one-half (21/2) stories or thirty-five feet (35 ft.) in
height, or no apartment building shall be built above
forty-five feet (45 ft.) in height; and
WHEREAS, limiting the height of residence buildings to
thirty-five feet (35 ft.) in height, and apartment buildings
to forty-five feet (45 ft.) in height, and providing for
adequate set back lines will obviate the necessity of
minimum land area unite for apartments and effectually
prevent the undue concentration and density of population
and attendant health and traffic problems; now, therefore,
it is thereupon
ORDAINED BY THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, IN COUNTY OF PALM
BEACH, AND STATE OF FLORIDA:
DEFINITIONS
For the purpose of this ordinance, certain terms and words
are hereby defined. Words used in the present tense shall
include the future; the singular number shall include the
plural; and the plural the singular; the words "used for'
shall include the meaning "designed for"; the word
"structure" shall include the word "building", and the word
"lot" shall include the words "plot" and "tract", and the
word "shall" is mandatory and not directory; said defini-
tions being as follows:
Accessory building. A subordinate use or building
customarily incident to and located upon the same lot
occupied by the main use or building.
Supp. No. 4
1131
GULF STREAM CODE
Alley. A roadway which affords only a secondary means
of access to abutting property and not intended for general
traffic circulation.
Apartment house. Dwelling, Multiple.
Basement. A story partly underground and having at
least one-half 0/2) of its height above the average level of the
adjoining ground. Basement shall not be considered a story
with regards to the height regulations hereafter mentioned,
if the same does not exceed eight feet (8 ft.) in height above
the average level of the adjoining ground and if designed for
and adapted to and used solely for the purpose of auto
storage, furnace and other utility purposes for the main
building. No entrances to said basement shall be on the
street side and the exterior appearance of such basement
shall conform to the general architecture of the building.
Building. Any structure built for the shelter, support or
enclosure of persons, animals, chattels or movable property
of any ldnd; and, when separated by division walls without
opening from the ground up, each portion of such structure
shall be deemed a separate building, and for the purpose of
this ordinance, all porches, projections, cornices and eaves
shall be deemed and considered a part of a building.
Building, height of. The vertical distance measured from
the mean grade to the ceiling height of the top story. The
height of a wall is the vertical distance from the mean grade
to the mean level of the top of the wall, including any
dormers or gables on the wall.
Carports. A freestanding covered area or a roofed area open on
one, two (2) or three (3) sides and attached to a building, either of
which is designed for the storage of one or more vehicles or boats.
(Ord. No. 81-4, § 1,1-8-82)
Clubs. Organizations, which are privately owned and operated by
their members and not operated for profit, which maintain recrea-
tional and athletic facilities for the exclusive use of its members and
their guests and uses accessory or incidental thereto. (Ord. No. 81-4,
§ 1, 1-8-82)
Court. A court is an open, unoccupied space on the same lot, and
fully enclosed on at least three (3) adjacent sides by walls of the
Supp. No. 4 1132
APPENDIX A—ZONING ORDINANCE
building. An outer court is any court facing for its full required
width on a street, or on any other required open space not a court.
An inner court is any other required court.
Density. In the Apartment and Residence District "C" ["R9"
residential single-family district, "RM" residential multiple -family
district and "RM -1" limited multi -family residential district] den-
sity is the ratio of the number of units in relation to the area
included within the property lines. (Ord. No. 74-3, § 1, 4-12-74)
Dwelling, single-family. A detached building designed for, or
occupied exclusively by one family.
Dwelling, multiple. A building or portion thereof used or de-
signed as a residence for three (3) or more families living indepen-
dently of each other.
Frontage. All the property on one side of a street or place
between two intersecting streets or places measured along
the line of the street or place, or if the street or place is dead
ended, then all of the property abutting on one side between
an intersecting street or place and the dead end of the street
or place.
Garage, private. A building or space used as an accessory
to or a part of a main building permitted in any residence
district, and providing for the storage of motor vehicles and
in which no business, occupation or service for profit is in
any way conducted.
Garage, storage. Any building or premises, other than a
private or public garage, used principally for the parking or
storage of motor vehicles.
Lot. A parcel of land occupied or intended for occupancy
by a building together with its accessory buildings;
including the open space required under this ordinance. For
the purpose of this ordinance the word "lot" shall be taken
to mean any number of contiguous lots or portions thereof,
upon which one or more main structures for a single use are
erected or are to be erected.
Lot, corner. A lot abutting upon two (2) or more dedicated
or publicly used streets at their intersection.
Supp. No. 4
1133
GULF STREAM CODE
Lot depth. The depth of a lot is the distance measured in
the mean direction of the side lines of the lot from the
midpoint of the front lot line to the midpoint of the opposite
mean rear line of the lot.
Lot, interior. A lot other than a corner lot.
Lot lines. The lines bounding a lot.
Lot, through. An interior lot having frontage on two
streets, other than a corner lot.
Non -conforming use. A use that does not conform with
the regulations of the use district in which it is situated.
Parking lot. An area or plot of land used for the storage or
parldng of motor vehicles.
Residential use. Use of land or structure(s) thereon, or portion
thereof, for residential occupancy of a permanent or semiperma-
nent nature; but not including occupancy of transient nature such
as in hotels or time-sharing uses. (Ord. No. 81-4, § 1, 1-8-82)
Story. That portion of a building included between the
surface of any floor and the surface of the next floor above
it, or if there be no floor above it, then the space between
such floor and the ceiling next above it. In computing the
height of building the height of basement shall not be
included if used for the purpose mentioned in the preceding
definition of Basement.
Story, half. A story under a gabled, hipped or gambrel
roof the wall plates of which on at least two (2) opposite
exterior walls are not more than three (3) feet above the
finished floor of such story.
Street line. The line between the street and abutting
property.
Structure. Anything constructed or erected, the use of
which requires permanent location on the land, or attach-
ment to something having a permanent location on the
land.
Supp. No. 4
1134
APPENDIX A—ZONING ORDINANCE § I
Structural alterations. Any change, except for repair or
replacement, in the supporting members of a building, such
as bearing walls, columns, beams or girders.
Time-sharing. The use of any unit under which the exclusive
right of use, occupancy or possession of the unit circulates among
various occupants in accordance with a fixed time schedule on a
periodically occurring basis for a period of time established by such
schedule. Time-sharing uses are prohibited in all zoning districts
within the town. (Ord. No. 814, § 1, 1-8-82)
Yard. An open space on the same lot with a building
unoccupied and unobstructed from the ground upward,
except by trees, shrubbery, fences or walls, provided said
walls do not support roofs or other overhead structures.
Yard, front. A yard across the full width of the lot,
extending from the front line of the building (including
porches, projections, cornices and eaves), to the front line of
the lot.
Yard, side. An open unoccupied space on the same lot with
a building (including porches, projections, cornices and
eaves), and the side line of the lot extending through from
the front building line to the rear yard or to the rear line of
the lot, where no rear yard is required.
Yard, rear. A yard across the full width of the lot,
extending from the rear line of the building (including
porches, projections, cornices and eaves), to the rear line of
the lot. (Ord. No. 81-4, § 1, 1-8-82)
Section I. Districts and boundaries thereof.
(A) In order to regulate and limit the height and size of build-
ings; to regulate and limit the intensity of the use of lot areas; to
regulate and determine the areas of open spaces within and sur-
rounding buildings; and to classify, regulate and restrict the loca-
tion of buildings designed for specified residential uses, the Town of
Gulf Stream, Florida, is hereby divided into districts of which there
shall be four (4) known as:
"RS"—Residential single-family district.
Supp. No. 4
1135
§ I GULF STREAM CODE
"RM"—Residential multiple -family district.
"RM-1"—Limited residential multiple -family district.
"OR"—Outdoor recreational district.
The boundaries of the districts are shown upon the map accompa-
nying this ordinance and made a part thereof, and entitled "Zoning
Map of the Town of Gulf Stream, Florida," which map shall be
amended to conform to the districts referenced herein. The zoning
map shall be a part of this ordinance as if such information set forth
on the map were fully described and set forth herein. The zoning
map, properly attested by the members of the town commission
signing this ordinance, the signatures of the mayor and the town
clerk, and containing the corporate seal of the municipality, shall
remain at all times on file in the office of the town clerk.
(B) In the creation, by this Ordinance, of the respective
districts, the Town Commission has given due and careful
consideration to the peculiar suitability of each and every
such district for the particular regulations applied thereto,
and the necessary, proper and comprehensive groupings and
arrangements of the various uses and densities of popula-
tion in accordance with a well considered plan for the
development of the Town.
(C) The boundaries of such districts as are shown upon
the map adopted by this ordinance or any subsequent
amendment thereto, are hereby adopted and approved, and
the regulations of this ordinance governing the use of land
and buildings, the height of buildings, building site areas,
the size of yards about buildings and other matters as
hereinafter set forth, are hereby established and declared to
be in effect upon all land included within the boundaries of
each and every district shown upon said map.
(D) Where uncertainty exists as to boundaries of any
district shown on said map the following rules shall apply:
(1) Where such district boundaries are indicated as
approximately following street lines, alley lines or
other lines, such lines shall be construed to be such
boundaries.
Supp. No. 4
1136
APPENDIX A—ZONING ORDINANCE § II
(2) In unsubdivided property or where a district boundary
divides a lot, the location of such boundary, unless the
same is indicated by dimensions, shall be determined
by use of the scale appearing on the map.
(3) Where any street or alley is hereafter officially
vacated or abandoned, the regulations applicable to
each parcel of abutting property shall apply to that
portion of such street or alley added thereto by virtue
of such vacation or abandonment.
(4) Where a District boundary line divides a lot in a
single ownership at the time of the passage of this
Ordinance, the Town Commission may, in its
discretion, permit a use authorized in either portion of
such lot to extend to the entire lot, but not more than
twenty-five feet (25 ft.) beyond the boundary line of
the district in which such use is authorized. (Ord. No. 135, §
1, 4-14-67; Ord. No. 73-1, § 1, 3-23-73; Ord. No. 81-4, § 2,
1-8-82)
Section II. [Applicability.]
Except as hereinafter provided:
(A) No building shall be erected, reconstructed or struc.
turally altered, nor shall any building or land be used which
does not comply with all the district regulations established
by this ordinance for the district in which the building or
land is located.
(B) The minimum yards and other open spaces, including
the intensity of use provisions contained in this ordinance
for each and every building hereafter erected, reconstructed
or structurally altered, shall not be encroached upon or
considered as a compliance with yard or open space
requirements or intensity of use requirements for any other
building or adjoining building.
(C) Every building hereafter erected, reconstructed or
structurally altered shall be located on a lot fronting on
either a private or public street.
Supp. No. 4
1137
§ III GULF STREAM CODE
Section III. "RS" residential single-family district.
(A) Uses permitted shall be only the following:
(1) Dwelling for occupancy by one family only.
(2) Private nurseries or greenhouses.
(3) Accessory buildings and uses customarily incident to the
above uses, not involving the conduct of a business.
(B) Building height limit.
(1) No building shall exceed two and one-half (21/e) stories, or
thirty-five (35) feet in height.
(C) Minimum size of building required.
(1) No main residence building shall be constructed or allowed
with less than three thousand (3,000) square feet aggregate
floor area. The minimum aggregate floor area is the total
floor area of a building, exclusive of terrace, basements and
unroofed areas, including twenty-five (25) per cent of at-
tached garages and screened porches. Screened top patios
are considered unroofed areas.
An accessory structure including, but not limited to, cabanas,
swimming pools, unattached garages, gazebos, shall be lo-
cated on the same lot or parcel of land as that of the main
residence building and shall be in conformity with the set-
back requirement set forth herein.
In the event of contiguous lots or parcels, a unity of title shall
be recorded prior to issuance of a building permit for either a
main residence building or an accessory structure which would
cross lot lines.
(D) Building site area required.
(1) The minimum building site area shall be one lot or parcel of
land twenty thousand (20,000) square feet in area for each
single-family dwelling unit.
(E) Front yard required.
(1) There shall be a front yard not less than twenty-five (25) feet
in depth or twenty-five (25) per cent of the lot depth, which -
Supp. No. 4
1138
APPENDIX A—ZONING ORDINANCE § III
ever is greater, and with a width of not less than one hundred
(100) feet fronting on a street, road, avenue or the Atlantic
Ocean. Tracts of land fronting on Ocean Boulevard and ex-
tending eastward to the Atlantic Ocean need only front one
hundred (100) feet on the Atlantic Ocean, or one hundred
(100) feet on Ocean Boulevard. Tracts of land fronting either
on Ocean Boulevard or the Atlantic Ocean shall be required
to have a landward setback twenty-five (25) feet from the
construction setback line established by the Department of
Natural Resources of the State of Florida. Notwithstanding
these provisions, the setback distance along the AIA right-
of-way shall be at least seventy-eight (78) feet from the cen-
ter line of said right-of-way.
(F) Side yard required.
(1) There shall be side yards of not less than fifteen (15) feet or
fifteen (15) per cent of the average footage of the lot width
whichever is greater on each side of a building, including
porches, projections, cornices and eaves.
(2) Where any lot is located on any street intersection, or
where two or more street lines outline any lot, or
where any lot is located upon any corner, each side of
the lot facing a street shall, for the purpose of
determining set backs, be deemed to be the front of
said lot. Provided, however, that this provision shall
never be construed to require any building to be set
back along any street a further distance than the
average set backs along said street.
(G) Rear yard required.
(1) There shall be a rear yard having a depth of not less than
fifteen (15) feet or fifteen (15) per cent of the average footage
of the lot depth whichever is greater.
(H) Walls and fences.
(1) All walls or fences outside of building lines of the
property shall not be over six feet (6 ft.) in height from
the front street line back to the building line, and not
more than six feet (6 ft.) in height from the building
Supp. No. 4
1139
§ III GULF STREAM CODE
line to the rear easement line (but not lees than two
and one-half feet (21/2) from the rear line), and no such
wall or fence shall be constructed over such rear set
back line; and provided, further, that in the event a
wall or fence is erected on a corner lot, it shall not
exceed six feet (6 ft.) in height, where the same is
substantially parallel to any public street or highway.
(I) Additional provisions.
(1) Any private school not being conducted on lands within the
Town of Gulf Stream, Florida, classified as "RS" residential
single-family district, may continue to be used as such under
the provisions of Section VII hereof, provided, however, that
any private school building, or other structure used in con-
nection with and as a part of and appurtenant in the opera-
tion and maintenance of such private school, may be replaced,
repaired and maintained from time to time as shall be neces-
sary for the effective operation and maintenance of such
private school.
(2) Nothing herein contained shall be deemed to prohibit
the construction of an accessory building containing
bedrooms with cooking and bath facilities, to be used
in connection with and as a part of the main
residence, and to be constructed within the building
lines. Such accessory building shall be used only for
occupancy of the legitimate non-paying guests of the
owners of the main residence, or bona fide members of
the family or servants.
(3) No person shall use any portion of a building in "RS" resi-
dential single-family district for the purpose of carrying on
or practicing any profession, occupation or calling. Any such
use is hereby declared to be a violation of the provisions of
this ordinance. (Ord. No. 68-1, § 1, 2-9-68; Ord. No. 74-3, § 2,
4-12-74; Ord. No. 81-4, § 3, 1-8-82)
Section IIIA. "RM -1" limited multiple -family residential
district.
(A) Uses permitted: In this district, any building or land may be
used for any use permitted in "RS" residential single-family district
and "RM" multiple -family residential district.
Supp. No. 4 1140
APPENDIX A—ZONING ORDINANCE § nr
(B) Building height limit: Building height limit shall be two (2)
stories and thirty-five (35) feet in height.
(C) Minimum floor area: The minimum floor area shall be twelve
hundred (1,200) square feet per apartment unit, exclusive of open
porches.
(D) Other requirements: Except as modified above, all require-
ments and provisions pertaining to the "RS" residential single-family
district and the "RM" multiple -family residential district shall apply.
(Ord. No. 135, § 1, 4-14-67; Ord. No. 81-4, § 4,1-8-82)
Section IV. "RM" multiple -family residential district.
(A) Uses permitted:
(1) Any use permitted in the "RS" residential single-family district.
(2) Apartment houses.
(3) Clubs.
(4) Accessory buildings or structures and uses customarily inci-
dent to any of the above uses, including private garage for
motor vehicles when located on the same lot or parcel of land
either by plat or a recorded unity of title, and not the con-
duct of a business.
(5) All land and buildings used by the Town of Gulf Stream and
its government and services incidental thereto.
(B) Building height limit:
(1) For single-family dwellings the height shall not exceed
two and one-half (21/2) stories, or thirty-five (35) feet.
(2) Multiple -family structures shall not exceed four (4) stories
to a maximum height of fifty (50) feet.
(C) Front yard required.
(1) There shall be a front yard of not less than fifty (50) feet in
depth. On corner lots, both sides of the lots facing the street
shall be deemed front yards. Notwithstanding these provi-
sions, the setback distance along the AIA right-of-way shall
be at least seventy-eight (78) feet from the center line of said
right-of-way.
Supp. No. 4 1141
$ry
GULF STREAM CODE
(D) Side yard required:
(1) There shall be side yards not less than twenty-five (25) feet
from the adjoining lot line.
(E) Rear yard required:
(1) There shall be a rear yard of at least twenty-five (25) feet.
(F) Building site area:
(1) The minimum building site area shall be one lot or parcel of
land twenty thousand (20,000) square feet in area for one
dwelling unit and for each one family residential dwelling.
For each additional dwelling unit in an apartment building
with more than one unit, five thousand (5,000) square feet
shall be added to the minimum lot size of twenty thousand
(20,000) square feet.
(2) The minimum lot dimensions comprising the building site
area shall be as follows:
(a) Front, one hundred (100) feet;
(b) Width, sixty (60) feet;
(c) Depth, one hundred(100)feet;
(d) Area (square feet) twenty thousand (20,000) square feet.
(3) Exceptions:
(a) On curving streets and culs-de-sac, the required front-
ages of lots may be reduced by forty (40) per cent pro-
vided that the center line radius of the adjacent public
street is one hundred (100) feet or less.
(b) On lots or parcels of record, the frontages of which do
not meet the required minimum of one hundred (100)
feet and are not less than seventy-five (75) feet but
contain the minimum lot area, two dwelling units shall
be permitted and side yards shall be as provided for in
the "RS" residential single-family district.
(4) Minimum floor area requirements: The following
shall be the minimum floor areas for all multiple
family structures expressed as net living area,
exclusive of porches, balconies, decks and common
areae such as corridors:
Supp. No.4
1142
APPENDIX A—ZONING ORDINANCE § IV
(a)
One Bedroom Apartment
700 square feet
(b)
Two Bedroom Apartment
900 square feet
(c)
Three Bedroom Apartment
1,250 square feet
(d)
Four Bedroom Apartment
1,350 square feet
(5) A minimum of two (2) bathrooms is required in four
bedroom multiple family dwelling unite.
(6) Special exceptions: Single-family residences will be permit-
ted to observe the setbacks set forth for the "RS" residential
single-family district.
(G) [Prohibited uses:] No person shall use any portion of a build-
ing in this district for the purpose of carrying on or practicing any
profession, occupation or calling. Any such use is hereby declared to
be a violation of the provisions of this ordinance.
(H) Parking regulations:
(1) Where a lot is occupied by a multiple -family residential dwell-
ing, there shall be provided accessible parking space on the
lot or land parcel, either garage or surfaced area, adequate to
accommodate three (3) cars for each one dwelling unit.
M Maximum permitted ground floor building area:
(1) The total ground floor building area of all buildings
and structures shall not exceed forty (40) per cent of
the total lot area.
(J) Accessory building requirements:
(1) For all accessory structures, the following require-
ments shall be observed:
(a) All Accessory Buildings shall observe the same
setbacks required for the principal structure(s).
(b) No garage or other accessory building shall be
erected before the principal building is under
construction to the point of being fully enclosed.
(Ord. No. 74-3, § 3,4-12-74; Ord. No. 81-4, § 5,1-8-82)
Supp. No. 4 1143
§v GULF STREAM CODE
Section V. "OR" outdoor recreational district.
(A) Land may be zoned as "Outdoor Recreational" if:
(1) It is primarily used for boating, golf, tennis,
swimming and/or athletics;
(2) It is owned by the public or a club as defined
elsewhere in the Zoning Ordinance, which has at least
250 members;
(3) It consists of three (3) acres or more; and
(4) More than seventy (70) per cent of the land area is
devoted to outdoor recreation as defined in this
paragraph, and open space and parking.
(B) Uses permitted shall only be the following:
(1) Outdoor recreation as defined above;
(2) Club facilities for recreational and social purposes;
(3) Accessory buildings and uses customarily incident to
any of the above uses, including club houses, golf
house, rest facilities, swimming pools, tennis courts
and pro shops.
(C) Building height limit:
(1) No new building shall exceed two and one-half (21/2)
stories or thirty-five (35) feet in height; however, any
existing club building may be altered and repaired
from time to time as shall be necessary for the
effective operation and maintenance of such club.
(D) Front yard required:
(1) There shall be a front yard of not less than fifty (50) feet in
depth measured from any adjoining street. Notwithstanding
these provisions, the setback distance along the AlA right-
of-way shall be at least seventy-eight (78) feet from the cen-
ter line of said right-of-way.
(E) Side yard required:
(1) There shall be side yards of not less than twenty-five (25)
feet measured from adjoining lot line.
Supp. No. 4 1144
- APPENDIX A—ZONING ORDINANCE § VI
(F) Rear yard required:
(1) There shall be a rear yard having a depth of not less than
twenty-five (25) feet. (Ord. No. 73-1, §§ 1-3, 3.23-73; Ord.
No. 81-4, § 7, 1-8-82)
Editor's note—Section 6 of Ord. No. 81-4, adopted Jan. 8,1982, repealed § V of
App. A. Said section, relative to the business district, has been eliminated in its
entirety, inasmuch as only residential dwellings of a single or multifamily nature are
allowed in the town. The former provisions did not bear any history notes. Section 7
of Ord. No. 81-4 renumbered former § VA as § V.
Section VI. General provisions.
(A) No structure shall be constructed in the Town of Gulf Stream
prior to the issuance of a permit by a building inspector acting on
behalf of or as an agent of the town.
(B) (1) The use of any residential dwelling, within any zoning
district of the town, by a larger number of persons than
such property or residence is zoned for or designated to
accommodate, is hereby declared to be a violation of
this ordinance.
(2) It shall be unlawful for the owner, lessee or other person
in the possession or control of any property within any
zoning district of the town to permit said property to be
used for the purpose of holding conventions or enter-
taining a larger number of persons than such property
or residence is zoned for or usually accommodates.
(C) The erection, display and maintenance of a sign on any prop-
erty or building within the Town of Gulf Stream is prohibited
except the following, which are permitted:
(1) Signs required by the Town of Gulf Stream or other govern-
mental agencies where required by law and those which are
necessary and incidental to the performance of governmen-
tal activities and responsibilities.
(2) Signs required by a club, as defined in this ordinance, desig-
nating and naming the club as well as those signs providing
notice to the public designed to prevent trespassing and/or
the use of the club's property by persons other than those
authorized by said club.
Supp. No. 4
1145
§ VI GULF STREAM CODE
(3) Signs required by owners of private property including their
agents and contractors shall be limited to:
(a) The business of real estate brokers.
(b) The identification of the contractor and their building
or renovation activities only in relation to such activities
as is being conducted on the particular property on
which the sign is to be erected, displayed and maintained.
(4) Owners of private property may erect, display and maintain
a sign identifying his name or ownership, entrance and exit
roads and street number identifying said property.
No sign offering any property for sale or rent permitted
herein shall exceed two (2) square feet in total dimension
and any such sign shall be removed within forty-eight (48)
hours of the sale or rental of the property. Any other sign
permitted herein shall not exceed a dimension of six (6)
square feet. Any sign erected, displayed or maintained in
violation of this section shall constitute a violation of this
ordinance.
(D) Reserved
(E) No carports shall be erected or permitted within any zoning
district in the town. (Ord. No. 81-4, § 8,1-8-82)
Editor's note—Ord. No. 81-4, § 8, enacted Jan. 8, 1982, amended § VI to read as
hereinabove set out. However, in order to maintain a uniform system of numbering
and lettering within this appendix, the editor has redesignated subsections of §
VI(C) to their alpha -numeric equivalent.
Section VII. Nonconforming uses.
The lawful use of a "building" (that is, a lawful use under
the zoning laws and regulations of the Town in effect at the
time of the passage of this ordinance) existing at the time of
the passage of this ordinance shall not be affected by this
ordinance, although such use does not conform to the
provisions of this ordinance; and such use may be extended
throughout the building, provided no structural alterations,
except those required by law or ordinance, or ordered by an
authorized officer to secure the safety of the building, are
made therein but no such use shall be extended to occupy
any land outside such building. If such non -conforming
building is removed or the non -conforming use of such
Supp. No. 4
1146
APPENDIX A—ZONING ORDINANCE § VII
building is discontinued for a continuous period of not less
than one hundred and eighty (180) days, exclusive of
seasonal closing, every future use of such premises shall be
in conformity with the provisions of this ordinance.
The lawful use of "land" (that is, a lawful use under the
zoning laws and regulations of the Town in effect at the
time of the passage of this ordinance) existing at the time of
the passage of this ordinance, although such use does not
conform to the provisions of this ordinance, shall not be
affected by this ordinance, provided, however, that no such non-
conforming use shall be enlarged or increased, nor shall any
non -conforming use be extended to occupy a greater area of
land than that occupied by such use at the time of the
passage of this ordinance. If such non -conforming use is
discontinued for a period of not less than one hundred (100)
days, seasonal non-use excluded, any future use of said land
shall be in conformity with the provisions of this ordinance.
Provided, however, that where "land" is now used for a use
excluded from the district in which such 'land" is located,
and such use is not an accessory to the use of a main
building located on the same lot or grounds such noncon-
forming use of "land" shall be discontinued and all material
completely removed by its owner not later than three (3)
years from the date of the passage of this ordinance. Auto
parking lots now being operated in "RS" residential single-family
district "RM" residential multiple -family district and "RDI-1"lim-
ited multifamily residential district under the present town ordi-
nances, are not intended to be included in the above classifications
but shall be maintained, continued or discontinued in accordance
with the present town ordinances relating thereto.
If no structural alterations are made, a non -conforming
use may be changed to a use of the same or higher
classification according to the provisions of this ordinance.
When a district shall hereafter be changed, any then
existing non -conforming use in such changed district may
be continued or changed to a use of a similar or higher
classification; provided all other regulations governing the
new use are complied with. Whenever a non -conforming use
of a building has been discontinued or changed to a higher
Supp. No. 4
1147
§ VII GULF STREAM CODE
classification or to a conforming use, such use shall not
thereafter be changed to a non -conforming use of a lower
classification.
Nothing in this ordinance shall be taken to prevent the
restoration of a building destroyed to the extent of not more
than seventy-five (75) per cent of its value by fire, explosion or other
casualty, or act of God, or the public enemy, nor the continued
occupancy of such building. (Ord. No. 81-4, § 9,1-8-82)
Section VIII. Certificates of occupancy.
That it shall be unlawful to use or permit the use of any
building or premises -thereon hereafter created or erected,
changed or converted wholly or partly in its use or structure
until a certificate of occupancy to the effect that the building
or premises or part thereof and the proposed use thereof
conform to the provisions of the ordinance shall have been
issued by the Town Building Inspector; provided that under
the rules and regulations of the Town Commission a
temporary certificate of occupancy for a part of a building
may be issued by the Town Building Inspector; provided
that upon written request from the owner, the Building
Inspector shall issue a certificate of occupancy for any
building or premises existing at the time of the passage of
this ordinance certifying after inspecting the use of the
building or premises and whether such conforms to the
provisions of this ordinance.
Section IX. Special exceptions.
(A) When there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of this
ordinance, application to the Town Commission may be
made by any person aggrieved to grant special exceptions,
in specific cases to the terms of this ordinance where the
same will not be contrary to the public interest, where,
owing to special conditions a literal enforcement of the
provisions of this ordinance will result in unnecessary
hardship to the end that the spirit of this ordinance shall be
observed and substantial justice done.
Supp. No.4
1148
APPENDIX A—ZONING ORDINANCE § IX
(B) In considering all proposed variations to this ordi-
nance, the Commission shall, before making any finding in
a specific case, first determine that the proposed variation
will not constitute any change in the districts shown on the
Zoning Map, and will not impair an adequate supply of
light and air to adjacent property, or materially increase the
congestion in public streets, or increase the public danger of
fire and safety, or materially diminish or impair established
property values within the surrounding area, or in any other
respect impair the public health, safety, morals and general
welfare of the Town of Gulf Stream, Florida.
(C) Every person requesting a special exception as herein
contemplated, shall make written application to the Town
Commission therefor and file the same, and ten (10) copies
thereof, with supporting facts and data with the Building
Inspector. The Building Inspector shall forthwith examine
said application and endorse his recommendations thereon.
Thereupon a copy of said application shall be mailed to the
owners of the property immediately adjacent thereto and
across the street therefrom, at the address shown on the
Town tax records, together with a notice from the Building
Inspector advising the time of the hearing on said
application before the Town Commission.
The Building Inspector shall cause to be posted, a Notice
on the Town Bulletin Board at the Town Hall, which Notice
shall set forth a brief summary of said application and the—
date of the hearing, directed "To all whom it may concern";_
said notice shall be posted at least ten (10) days before the
meeting of the Town Commission to consider such
application. The cost of such posting and mailing of notices
shall be borne by the applicant.
No application shall be heard less than ten (10) days after
the posting of notice and the mailing to property owners
directly affected as herein provided, and all applications
will be heard at regular meetings of the Town Commission
unless otherwise ordered by the Commission.
Cross reference—For fees for petition for variance or special exception
see § 9-3.
Supp. No. 4
1149
§ X GULF STREAM CODE
Section X. Plate.
(A) All plane, re -plane, plate or re -plate of land hereafter
laid out in building lots or streets, alleys or other portions of
the same intended to be dedicated to the public use, or for
the use of purchasers or owners of lots fronting thereon, or
adjacent thereto, and located within the Town, shall be
submitted to the Town Commission, or a committee thereof
designated for such purpose, for its approval or rejection;
and it shall be unlawful to receive or record such plans,
re -plans, plats or re -plate, in any public office unless the
same shall bear thereon, by endorsement or otherwise, the
approval of the Town Mayor and Clerk upon authority of
the Town Commission, and the corporate seal of the Town.
The disapproval of such plans, re -plans, plats and re -plate
by the Town Commission shall be deemed a refusal by the
Town of the proposed dedication shown thereon. The
approval by the Town Commission shall be deemed an
acceptance by the Town of the proposed dedication, but
shall not impose any duty upon the Town concerning the
maintenance or improvement of any such dedicated parts
until the proper authorities of the Town shall have made
actual appropriations of the same by entry, use or
improvements.
All plans, re -plans, plats or re -plats of lands hereafter laid out
within any area of the town located in "RS" residential single-family
district, or in "RM" residential multiple -family district shall pro-
vide for lots or tracts of land having a frontage of at least one
hundred (100) feet on a dedicated street, road or avenue, and a land
area of at least twenty thousand (20,000) square feet for each lot or
tract shown on said plat.
(B) Each application for a building permit shall be accompanied
by a plat, in duplicate, drawn to scale, showing the actual dimen-
sions of the lot to built upon, the size, shape and location of the
building to be erected, and such other information as may be neces-
sary to provide for the enforcement of this ordinance. All building
permits for new construction, and for repairs, and remodeling of
existing buildings, which will require the expenditure of five thou-
sand dollars ($5,000.00) or more, the plans and specifications for
such new building and such repairs and remodeling shall bear the
Supp. No. 4 1150
APPENDIX A—ZONING ORDINANCE § XI
signature of an architect registered in the State of Florida, and in
good standing with his state board, and all other requirements of
the town's Code of Ordinances, relating to the issuance of building
permits, shall be complied with. A record of such application and
plat shall be kept in the office of the building inspector. Where
application is made to enlarge an existing nonconforming use, the
application shall be accompanied by an affidavit giving the descrip-
tion of the premises owned at the date of the passage of this ordi-
nance. (Ord. No. 81-4, § 10, 1-8-82)
Crosn reference—For additional platting requirements nee § 9.16.
Section XI. Interpretation, purpose and conflict.
(A) In interpreting and applying the provisions of this
ordinance, they shall be held to be the minimum require-
ments for the promotion of the public health, safety, morale
and general welfare of the community. It is not intended by
this ordinance to interfere with or abrogate or annul any
easements, covenants or other agreements between parties;
provided, however, that where this ordinance imposes a
greater restriction upon the use of buildings or premises, or
upon the height of buildings, or requires larger open spaces
than are imposed or required by other ordinances, rules,
regulations or by easements, covenants, or agreements, the
provisions of this ordinance shall control. If, because of
error omission in the Zoning Map, any property in the Town
of Gulf Stream, Florida, is not shown as being in a Zoning
District, the classification of such property shall be
"RS" residential single-family district unless changed by amend-
ment to the zoning ordinance.
(B) This ordinance, as recited in the preamble hereto, is
adopted for the purpose of revising, amending and bringing
to date the zoning laws and ordinances of the Town of Gulf
Stream in existence since the enactment of Zoning
Ordinance on May 2, 1946, and it is hereby expressly
declared and determined that it is the intention of the Town
Commission that this ordinance shall supersede only such
parts of the existing zoning laws and ordinances of the
Town of Gulf Stream, Florida, as are in direct conflict with
and not reconcilable to the provisions of this ordinance, and
it is expressly declared and determined that if for any
Supp. No. 4 1151
§ Xi GULF STREAM CODE
reason this ordinance should be found by any court of
competent jurisdiction to be invalid or unenforceable, then
the provisions of the zoning ordinances of the Town of Gulf
Stream in force and effect as of the date hereof shall
continue to be in full force and effect, it being the intention
of the Town Commission that there shall exist no period of
time in which the Town of Gulf Stream shall not be
comprehensively zoned. (Ord. No. 81-4, § 11, 1-8-82)
Section XII. Changes and amendments.
The Town Commission may from time to time on its own
motion or on petition, amend, supplement, change, modify
or repeal the regulations, restrictions or district boundaries
herein established. Any proposed amendment, supplement,
change, modification or repeal shall first be submitted to the
Town Commission, sitting as a Zoning Commission, for its
recommendations and report. Upon the filing of the
recommendations and report by the Commission, the Town
Commission shall proceed to hold a public hearing in
relation thereto, giving at least twenty-one (21) days' notice
of the time and place of such hearing in a newspaper
having a general circulation in the Town of Gulf Stream, by
posting on the official bulletin board of the Town Hall a
copy of said notice, and by giving written notice to owners
of property, as shown by the last Town Tax Roll, within a
radius of five hundred feet (500 ft.) in all directions from the
property to be included within said proposed amendment at
least twenty-one (21) days before the Town Meeting to be
held to consider said proposed amendment.
No amendment or change of any kind in this ordinance
shall become effective or in force until after ninety days
from the date of the final passage and adoption of an
amending ordinance, passed and adopted by a four-fifths
vote of the Town Commission providing for said amend-
ment or change, and not then if three or more registered
voters of the Town shall file with the Town Commission,
within said ninety days, a written petition protesting
against said amending ordinance and requesting that the
Town Commission submit to a vote of the qualified voters of
the Town the question as to whether or not said amending
Supp. No. 4 1152
APPENDIX A—ZONING ORDINANCE § XII
ordinance shall become effective. Upon the filing of such a
written petition by three or more registered voters the Town
Commission shall, within thirty days from the date said
petition is filed with it, proceed to hold an election. If a
majority of the registered voters participating in said
election shall vote in favor of said amending ordinance,
then in that event the same shall be valid; however, if a
majority of said registered voters shall vote against said
amending ordinance, then said ordinance shall be of no
force and effect. However, if no such petition is filed with
the Town Commission, within said ninety days, then said
Supp. No. 4
1153
[The next page is 1157]
APPENDIX A—ZONING ORDINANCE § XIII
amending ordinance shall be in full force and effect ninety
days after its final passage and adoption by the Town
Commission, as herein provided.
No amendments or changes (except procedural) of any
kind shall be made in this ordinance except during the
months of December, January, February, March and April.
Cross reference—For fees for petition for rezoning see § 9-2.
Section XIII. Enforcement, violations and penalties
(A) That this ordinance shall be enforced by the Town
Building Inspector and/or the Town Commission of the
Town of Gulf Stream, Florida; that the Building Inspector of
the Town of Gulf Stream, Florida, is hereby authorized to
cause any building, structure, place or premises to be
inspected or examined, and to order in writing upon
reasonable notice the remedying of any condition found to
exist therein or thereat, in violation of any of the provisions
of this ordinance; such order shall be served by actual
delivery to the owner or agent or by mailing a copy thereof
to the owner by registered mail, or in the event his residence
is unknown, by publishing such notice one time in some
newspaper published and printed in Gulf Stream, Florida, or
in the event no newspaper is published or printed in Gulf
Stream, Florida, by posting a copy thereof on the building so
affected, and at the door of the Town Hall; that the owner or
agent of a building or premises, where a violation of this
ordinance has been committed, or shall exist, or the lessee
or tenant of an entire building or entire premises where such
violation has been committed or shall exist, or the general
agent, architect, contractor, building agent, builder or any
other person who commits, takes part in or assists in any
such violation or who maintains any building or premises or
any part thereof, in which any violation shall exist, shall be
guilty of a misdemeanor, and shall be punished as hereafter
provided; that any such person who, having been served
with an order to remove any such violation, shall fail to
comply with such order within ten days after such service is
completed, or shall continue to violate any provision of this
ordinance, in the respect named in said ordinance, shall be
1157
§ XIII GULF STREAM CODE
guilty of a misdemeanor, and shall be punished as
hereinafter provided. That in addition to the foregoing
remedies, the Town may, through its Commission, Mayor,
Building Inspector, or other proper officer, maintain and
prosecute in any court of competent jurisdiction, an action
or injunction, or otherwise, to restrain any violation of this
ordinance. In addition to all the above, any person violating
any of the provisions hereof shall be subject to arrest and
trial in the Police Court of said Town for any violation
actually committed.
(B) Any person found guilty of violating any of the
provisions of this ordinance relating to the use and
occupancy of property shall, upon conviction, be fined not
less than Twenty-five Dollars ($25.00), nor more than Five
Hundred Dollars ($500.00), and imprisoned not more than
thirty (30) days in the common jail of said Town. Each day's
violation of any of the provisions of this ordinance, or any
zoning ordinance of the Town of Gulf Stream regarding the
use and occupancy of lands, shall constitute a separate
offense and shall be punishable accordingly.
(C) Any tenant or lessee who shall knowingly violate or
be a party to the violation of any provision of this
ordinance, or shall continue the violation of any provision
of this ordinance after being notified to cease and desist,
shall be guilty of a misdemeanor and shall be punished as
provided in the preceding paragraph.
Section XIV. Town planning board.
The Town Commission may by ordinance provide for a
Town Plan, and the creation of a Town Planning Board,
and for the appointment of the members thereof, and
prescribe the duties of the Town Planning Board.
Cross reference—For provisions relating to the details of the town
planning board see § 9.31 at seq.
Section XV. Val'id'ity.
Should any section, clause or provision of this ordinance
be declared by a court to be invalid, the same shall not
1158
APPENDIX A—ZONING ORDINANCE § XV
affect the validity of the ordinance as a whole or any part
thereof, other than the part so declared to be invalid.
All ordinances or parte of ordinances in conflict herewith
or inconsistent with the provisions of this ordinance are
hereby repealed.
Introduced and Read First Time in Full: April 14, 1952.
Read Second Time in Full: May 17th, 1952.
Passed and Adopted on Second Reading: May 17th, 1952.
TOWN SEAL
Attest: Wm. J. Bauer
Town Clerk
Posted on Town Bulletin Board at door of Town Hall, Gulf
Stream, Palm Beach County, Florida: May 17th, 1952.
rMe next page is 14591
1159
APPENDIX B
FRANCHISES'
Ord. No. Date Subject
76-2 6-11-76 Granting to Florida Power
and Light Co. an electric
franchise
77-1 3-11-77 Amends Ord. No. 74-5, sec-
tion 2(e), a CATV ordi-
nance
78-1 (Res.) 3-10-78 Clarifying time of com-
pletion of system by Lead-
ership Cablevision Associ-
ates, Ltd.
79-8 6- 8-79 Amends Ord. No. 74-5, sec-
tion 29, a CATV ordinance
81-3 7-31-81 Amends Ord. No. 74-5, Section
2(e), a CATV ordinance
82-4 10- 8-82 Amends Ord. No. 44-5, Section
29, a CATV ordinance
*Editor's note—This appendix contains a listing of legislation granting
or concerning franchises in the Town of Gulf Stream.
Supp. No.5 1309 [The next page is 14591
STATUTORY REFERENCE TABLE
This table shows the location within this Code, either in the text or notes
following the text, of references to the state law or related matters.
Fla. Stats.
Section
Section
this Code
1_01
1-2
Ch. 316
10-1
839.13
1.7
Chs. 97-104
5.6
97.011
Ch. 5(note)
Ch. 101
5.5
163.3161-163.2211
9-5
(The next page is 14691
Supp. No. 2 1459
CODE COMPARATIVE TABLE
1930 CODE
This table gives the location within this Code of those sections of the
1930 Code, which are included herein. Sections of the 1930 Code not listed
herein have been omitted as repealed, superseded, obsolete or not of a
general and permanent nature. For the location of ordinances adopted
subsequent thereto, see the table immediately following this table.
1469
Section
Section
this Code
100
8-3
101
8-4
102
8-2
130-133
9-16-9-19
1469
CODE COMPARATIVE TABLE
ORDINANCES/RESOLUTIONS/MOTIONS
This table gives the location within this Code of those ordinances,
resolutions and motions adopted since the 1930 Code, which are included
herein. Ordinances, resolutions and motions adopted prior to such date
were incorporated into the 1930 Code, a table of which immediately
precedes this table. Ordinances, resolutions and motions not listed herein
have been omitted as repealed, superseded or not of a general and
permanent nature.
Ord.
Adoption
Section
No.
Date
Section
this Code
106
2- 9-53
1
9-32
108
5-17-52
App. Monte)
112
4-13-57
1
8-5
114
2- 8-58
1
11-1
115
2- 8.58
1
8-5
118
9-13-58
1
8-7
119
4-11-59
1
10-2
121
12-12-59
5
5.3
12
5-4
13
5-5
15
5-6
123
4-11-75
1-3
9-1
135
4-14-67
1
App. A. §§
1, IIIA
464 (Res.)
2- 9-57
1
5-1
68-1
2- 9-68
1
App. A, § III
70-1
3-12-76
1
10-3(b)
70-2
11-13-70
1
4-1
2
4-3
3
4-4
4
4-2
5
4-5
71-2
10-29.71
1
10-1
71-5
2-11-72
1-8
3-1-3-8
72-1
6- 9.72
1
9-31
72-4
10.13.72
1-3
7-1-7-3
73-1
3-23-73
1
App. A. § I
1-3
App. A, §
VA(F)(1)
73-2
4-13.73
1.2
8-9
74-3
4.12-74
1
App. A
2
App. A, § III
3
IV,
IV(F)(6)
IV(J)(1)(b)
Supp. No. 2
1471
GULF STREAM CODE
Ord.
Adoption
Section
No.
Date
Section
this Code
74-4
4.12-74
1
8-10
8- 1.74 (Mo.)
7.1
75-2
4-11-75
1
9-2
2
9-20
75-4
5- 9-75
1
9-3
76-1
3-12-76
1
10-3
76-2
6-11.79
APP. B
76-3
12-10-76
1-8
77-1
3-11-77
APP- B
77-3
9- 9.77
1-6
4-7
77-4
6- 9-78
Adopting Ordinance,
P. ix
77-6
12- 9-77
1
11-2
77-7
12- 9-77
1
2-2.2-3
2-7
2-3
78-2
6- 9-78
Arts. 1, §§ A—D
6-16-6-19
2
6-20
3, A
6-21
3, B
6-22
3, D
6-23
3, E, F
6-25
3, G
6-24
3, H
6-26
4, B—D
6-36-6-38
5, A—C
6-46-6-48
78-3
5-12-78
1
11.20
1A -1D
11-16-11-19
78-3a
8-11-78
1, 2
4-6
78-4
10- 2-78
1
10-3(b)
79-1
4-13-79
1,2
4-1
3
4-2
79-2
5.10-79
8-22
1
8-24,8-25
2
8-23,8-26
3
8-27
5
8-21
6
8-28
7
8.29
79-3
5.10-79
1-7
5-1-5-7
79-4
5-10-79
2
7-16
3
7-17
4-6
7-18
7
7-18.1
8-10
7-19-7-21
79-5
5-10-79
1-3
8-11
79-6
6- 8-79
9-4
Supp. No. 2
1472
CODE COMPARATIVE TABLE
Ord.
Adoption
Section
No.
Date
Section
this Code
79-7
6. 8-79
9-4
79.8
6- 8-79
App. B
79-9
7-13-79
2,3
9.6
79-10
9-14-79
1
Rpld 8-8
79-11
9-14-79
1
Rpld 8-1
79-12
9-14-79
1
Rpld 8-6
79-13
12-14-79
1
9-5
80-2
3-14-80
1
8-23
2
6-22
3
8-24
80-3
4. 1.80
1
3-1
80-4
6-13-80
1
11.2
80-5
7-11.80
1
10-3(a)(8)
80-6
9-12-80
1
7-1(b)
80-7
11-14.80
1
4-1
81-1
6-12-81
1-13
8-46-8-58
14
8-60
15
8-59
81-2
6-12-81
1-3
8-12
81-3
7-31-81
App. B
81-4
1- 8-82
1
App. A (Definitions)
2
App. A. § I(A)
3
App. A, § III
(title), III(C)(1),
M(1), (3)
RPId App. A, § III(A)(4),
(I)(3)
4
App. A, § IIIA
(title), IIIA(A), (D)
5
App. A, § IV (title),
(V(A)(1), (3), (5),
(11)(2), (C)(1),
(13)(1), (E)(I1, (F)
(H)(I)
6
Rpld App. A, § V
7
Rnbd App. A, § VA
es § V. (B)(2), (13)(1),
(E)(1), (F)(1)
8
App. A,§VI
9
App. A,§VII
10
App, A,§X
Supp. No. 5 1473
GULF STREAM CODE
Ord.
Adoption
Section
No.
Date
Section
this Code
11
App. A. § XI(A), (B)
Rpld App. A, § XI(C)
82-2
9-10-82
1
6-22
82.3
10- 8-82
1
10-2
824
10- 8-82
App. B
Supp. No. 5 1474 [The next page is 14831
1
`— CHARTER INDEX
A
ACTIONS
Section
Pending matters.....................................
6.03
AGREEMENTS
Pending matters.....................................
6.03
AUDITS
Annual audit........................................
3.07(d)
B
BALLOTS
Form of ballots......................................
5.04
BOUNDARIES
Description of corporate limits ........................
2.01
C
CHARTER
Pending matters.....................................
6.03
Transition schedule
Ordinances preserved ...............................
6.01
Rights of officers and employees .....................
6.02
CHIEF OF POLICE
Generally............................................
4.01
CLAIMS
Pending matters.....................................
6.03
CLERK. See: Town Clerk
COMMISSION. See: Town Commission
CONTRACTS AND AGREEMENTS
Execution of contracts
Mayor recognized as head of town government for .....
3.05
Pending matters.....................................
6.03
CORPORATE LIMITS
Description..........................................
2.01
D
DEEDS
Execution of deeds and other documents
Mayor recognized as head of town government for
purpose of.....................................
3.05
1483
GULF STREAM CODE
DEPARTMENTS AND OTHER AGENCIES OF TOWN
Section `
Police department. See that title
Town commission. See that title
3.05
E
ELECTIONS
3.05
Ballots, form of ......................................
5.04
Electors .............................................
5.01
Generally ............................................
5.05
Nominations .........................................
5.03
Non-partisan elections ................................
5.02
Town commission; election ............................
3.03
ELECTORS
Generally............................................
5.01
Town commission. See that title
EMPLOYEES. See: Officers and Employees
F
FINANCES
Annual audit ........................................ 3.07(d)
G 3
GOVERNMENT
Created............................................. 1.01
Powers.............................................. 1.01
Town commission. See that title
LEGISLATION
Town commission. See that title
M
MANAGER. See: Town Manager
MAYOR
Generally ............................................
3.05
Town commission. See that title
Vice mayor ..........................................
3.05
MUNICIPAL GOVERNMENT
Created.............................................
1.01
Powers..............................................
1.01
Town commission. See that title
f
1484
t
CHARTERINDEX
MUNICIPALITY Section
Corporate limits, description of ........................ 2.01
Creation............................................ 1.01
Powers.............................................. 1.01
N
NEWSPAPERS
Publication and notice of hearing ...................... 3.02
NOMINATIONS. See: Elections
NON-PARTISAN ELECTIONS
Generally ............................................ 5.02
O
OFFICERS AND EMPLOYEES
Chief of police. See: Police Department
Commissioners. See: Town Commission
Compensation .......................................
4.02
Mayor. See that title
Rights of officers and employees .......................
6.02
_ Town clerk. See that title
Town commission. See that title
Town manager. See that title
._ Town officers ........................................
4.01
Compensation ......................................
4.02
Vice mayor. See that title
ORDERS
Pending matters .....................................
6.03
ORDINANCES
Legislation .......................................... 3.01 et seq.
Town commission. See also that title
Ordinances preserved ................................. 6.01
Pending matters ..................................... 6.03
P
POLICE DEPARTMENT
Chief of police, generally .............................. 4.01
Pending matters ..................................... 6.03
PUBLICATIONS
Newspapers; publication and notice of hearing .......... 3.02
1485
GULF STREAM CODE
TOWN
Section
Corporate limits, description of ........................
2.01
Created .............................................
1.01
Powers..............................................
1.01
TOWN CLERK
Generally ............................................
4.01
TOWN COMMISSION
Annual audita .......................................
3.07(d)
Compensation .......................................
3.04
Composition .........................................
3.01
Elections ............................................
3.03
Expenses............................................
3.04
Forfeiture of office ...................................
3.06(b)
Mayor..............................................
3.05
Meetings ............................................
3.07(a)
Minutes ................................. I...........
3.07(b)
Powers ..............................................
3.01
Procedure ...........................................
3.07
Qualifications ........................................
3.02
Rules ...............................................
3.07(6)
Terms..............................................
3.03
Town officers ............................ I...........
4.01
Vacancies, extraordinary ..............................
3.06(d)
Filling of ........... �..............................
3.06(c)
Vicemayor ..........................................
3.05
Voting..............................................
3.07(c)
TOWN MANAGER
Generally ............................................
4.01
TOWN OFFICERS, See: Officers and Employees
TRANSITION SCHEDULE
Officers and employees, rights of ......................
6.02
Ordinances preserved .................................
6.01
Pending matters .....................................
6.03
V
VICE MAYOR
Generally ............................................
3.05
Town commission. See that title
1486
CODEINDEX
A
ABSENTEE BALLOTS Section
Votingby ........................................... 5-5
AGREEMENTS. See: Contracts and Agreements
ALARMS
Burglar alarms ....................................... 8-46 et seq.
Burglar alarms. See that title
ANIMALS AND FOWL
Domestic animals, excessive noise by ...................
3-4
Complaint by nearby residents ......................
3-5
Declared nuisance ..................................
3-5
Domestic animals, person bitten by
Report to police or health department required .......
3-3
Female animals in season .............................
3-6
Noise, excessive; by domestic animals ..................
3-4
Complaint by nearby residents ......................
3-5
Declared nuisance ..................................
3-5
Property
Damaging property of another; proof of violation ......
3-7
Running at large prohibited ...........................
3-1
Definition; penalty .................................
3-1
Vicious animals to be muzzled; definition ...............
3-2
Violations
Prima facie evidence of .............................
3-8
APARTMENTS
Zoning (Appendix A). See that title
APPROPRIATIONS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
ASSESSMENTS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
ASSOCIATIONS
Persons defined to include ............................ 1-2
B
BALLOTS
Absentee ballots ..................................... 5-5
Elections. See that title
Supp. No. 3 1487
GULF STREAM CODE
BOARDS AND COMMISSIONS
Section
Departments and other agencies of city. See that title
BOATS, DOCKS AND WATERWAYS
Watercraft ..........................................
8-21 at seq.
Watercraft. See also that title
BODIES POLITIC
Persons defined to include ............................
1.2
BONDS
Issues...............................................
2-3
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
BOUNDARIES
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
Zoning (Appendix A). See that title
BUILDINGS
Code, adoption by reference ...........................
4-1
Amendments ......................................
4-2
Fees for service
Duties of county to process applications ..............
4-4
Final drainage plan
Area with existing drainage system ...................
4-7(b)
Area with no existing drainage system ................
4-7(c)
Certificate of occupancy ............................
4-7(e)
Definition ............................ ............
4-7(a)
Design criteria .....................................
4-7(d)
Penalty............... ............................
Flood hazard areas ...................................
6-16 at seq.
Flood hazard areas. See also that title
Hours allowed for the erection, demolition, etc., of
buildings .......................................
8-10
Penalties ............................................
4-5
Permits
Approval of water supplier prior to issuance ..........
4-6
Inspections ........................................
4-3
issuance ...........................................
4-3
Permit fees ........................................
4-4
Violations ...........................................
4-5
Zoning (Appendix A). See that title
BURGLAR ALARMS
Alarms audible outside of buildings
Maximum automatic cut-off time ...................
8-58
Supp. No. 3
1488
CODEINDEX
BURGLAR ALARMS—Contd.
Section
Class B alarms
Permit, revocation of for excessive alarms ...........
8.53
Service charge for excessive alarms; appearance request
8-55
Definitions .........................................
8-47
Exemption .........................................
8-49
Liability limited ....................................
8-59
Permit
Application .......................................
8-50
Denial; appeals ....................................
8-52
Issuance..........................................
8-51
Required.........................................
8-48
Revocation .......................................
8-53
Appeals; hearing .................................
8-56
Reinstatement ..................................
8-54
Servicing information, reporting ......................
8-57
Shorttitle ..........................................
8-46
Violation; penalties ..................................
8-60
BUSINESSES
Zoning (Appendix A). See that title
C
CANDIDATES
Filing for elections; date ..............................
5-3
Qualifying fee .......................................
5-4
Supp. No. 3
1488.1
CODEINDEX
CERTIFICATES OF OCCUPANCY
Section
Buildings; final drainage plan
Certificate of occupancy •...........................
4-7(e)
Zoning (Appendix A). See that title
CLUBS
Persons defined to include ............................
1-2
CODE OF ORDINANCES•
Altering code ........................................
1-7
Amendments to code .................................
1-6
Catchlines of sections .................................
1-3
Cited...............................................
1-1
Defined.............................................
1-2
Designated ..........................................
1-1
General penalty ......................................
1-8
Ordinances, effect of repeal ...........................
1-4
Right of entry .......................................
1-9
Rules of construction .................................
1-2
Severability of parts of code ...........................
1-5
COMMISSION. See: Boards and Commissions
COMPREHENSIVE PLAN
Adopted............................................
9.5
Planning and development. See also that title
Generally ............................................
9-4
CONTRACTS AND AGREEMENTS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
CORPORATE LIMITS
Defined .............................................
1-2
CORPORATIONS
Persons defined to include ............................
1-2
COUNTY
Defined.............................................
1-2
CRAFT. See: Watercraft
*Note—The adoption, amendment, repeal, omissions, effective date,
explanation of numbering system and other matters pertaining to the use,
construction and interpretation of this Code we contained in the adopting
ordinance and preface which ere to be found in the preliminary pages of
this volume.
Supp. No. 2 1489
GULF STREAM CODE
D
5-5
DEMOLITION
Section
Hours allowed for demolition of buildings ..............
8-10
DEPARTMENTS AND OTHER AGENCIES OF TOWN
5-4
Health department. See: Health and Sanitation
5-3
Planning; town planning board ........................
9-31 et seq.
Planning and development. See also that title
Police department. See that title
5-3
Town commission. See that title
5-2
Town planning board .................................
9-31 et seq.
Planning and development. See also that title
5-6
DISTRICTS
Zoning (Appendix A). See that title
DOCKS. See: Boats, Docks and Waterways
5-7
DOCKS AND WHARVES
Watercraft8-21
..........................................
et seq.
Watercraft. See also that title
DOMESTIC ANIMALS
Generally ............................................
3-3 at Beq.
Animals and fowl. See also that title
DRAINAGE
Buildings; final drainage plan ............ • • ... • ....• ..
4-7
E
ELECTIONS
Absentee voting .....................................
5-5
Authority of town manager and town clerk .............
5-7
Data filing......................................
. 5-3
Fees, qualifying
5-4
Filing
5-3
Date..............................................
5-4
Qualifying fee
Requirements ......................................
5-3
Qualification
5-2
Proclamation ........................................
5-1
State law
5-6
To govern elections;exceptions ......................
Town manager and town clerk
Authority of ............. 4........ 4................
5-7
EMERGENCIES
Water emergencies ................................... 11-16 et seq.
Water and water works. See also that title
EMPLOYEES. See: Officers and Employees
Supp. No. 2 1490
CODEINDEX
EXCAVATIONS Section
Hours allowed for excavations ......................... 8-10
FENCES, WALLS, HEDGES AND OTHER ENCLO-
SURES
Zoning (Appendix A). See that title
FINANCES
Bond issues .........................................
2-3
FIRE PREVENTION AND PROTECTION
Open fires ...........................................
8-4
FIREARMS AND WEAPONS
Discharge of .........................................
8-3
FIRMS
Persons defined to include ............................
1-2
FLOOD HAZARD AREAS
Areas of special flood hazard, basis for establishing......
6-22
Compliance required .................................
6-23
Definitions ..........................................
6-20
Development permits .................................
6-36,6-37
Findings of fact ......................................
6-17
Interpretation .......................................
6-25
Local administrator ..................................
6-36
Objectives ...........................................
6-19
Provisions for flood hazard reduction
Base flood elevation, areas where known
Coastal high hezard areas (V zones) ................
6-47(3)
Mobile homes ....................................
6-47(4)
Non-residential construction .......................
6-47(2)
Residential construction ...........................
6-47(1)
Generally ..........................................
6-46
Subdivisions .......................................
6-48
Scope...............................................
6-21
Statement of purpose .................................
6-18
Statutory authority ..................................
6-16
Variance procedures ..................................
6-38
Violations ...........................................
6-26
Warning and disclaimer of liability ....................
6-24
FOUNTAINS
Water and waterworks; water emergencies
Certain uses restricted; ornamental fountains .........
11-18(4)
FOWL. See: Animals and Fowl
Supp. No. 3
1491
GULF STREAM CODE
FRANCHISES
Section
Listing of legislation granting or conserving franchises...
App. B
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
G
1-2
GARAGE SALES (Yard sales, patio sales, etc.)
Prohibited; definitions; violation; penalty ...............
8-12
GARBAGE AND TRASH
4-3 et seq.
Litter...............................................
8-5
Vacant lots; clearance of debris, etc ....................
8-7
Watercraft; discharge of waste .........................
8-28
GENDER
7-3
Defined .............................................
1-2
H
7-3
HEALTH AND SANITATION
7-16 at seq.
Animals and fowl; person bitten by domestic animal
Report to police or health department required .......
3-3
HEDGES. See; Fences, Walla, Hedges and Other Enclo-
7-1
sures
7-1
IMPROVEMENTS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
INDIVIDUALS
Persons defined to include ............................
1-2
L
LICENSES AND PERMITS
Building permit ......................................
4-3 et seq.
Buildings. See also that title
Burglar alarms .......................................
8-56 et seq.
Burglar alarms. See that title
Datesdue ...........................................
7-3
Flood hazard areae; development permits ...............
6-37
Penalties ............................................
7-3
Solicitors ............................................
7-16 at seq.
Solicitors. See also that title
Ta:, occupational license
Classification ......................................
7-1
Levy..............................................
7-1
Supp. No. 3
1492
CODEINDEX
LICENSES AND PERMITS—Cont'd. Section
Term............................................... 7-2
Transfer ............................................ 7-2
Watercraft; docking, permit required for ............... 8-22
LIMITS
Corporate limits, defined ............................. 1-2
LITTER
Generally ............................................ 8-5
LOCAL IMPROVEMENTS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
LOTS
Vacant Iota; clearance of debris, etc .................... 8-7
M
MACHINERY
Regulation for construction or operation of
Hours of operation ................................. 8-10
Water and waterworks; water emergencies
Certain uses restricted; machinery, cleaning........... 11-18(3)
MAYOR
Elections; proclamation by ............................. 5-1
MISDEMEANORS
State misdemeanors, adoption of ...................... 8-11
MOBILE HOMES
Flood hazard areas; provisions for flood hazard reduction
Areas where base flood elevation known; mobile homes 6-47(4)
MOTOR VEHICLES
Commercial vehicles, parking of ....................... 10-3
MUZZLES
Vicious animals to be muzzled ......................... 3-2
N
NOISE
Animals and fowl; excessive noise by domestic animals
Complaint by nearby residents; declared nuisance ..... 3.5
Watercraft; noise ..................................... 8-27
NUISANCES
Animals and fowl; excessive noise by domestic animals
Complaint by nearby residents; declared nuisance ..... 3.5
NUMBER
Defined............................................. 1-2
Supp. No. 3 1493
GULF STREAM CODE
T
OFFICERS AND EMPLOYEES
Section
City clerk. See that title
Employee pension plan ...............................
2-2
Pensions and retirement. See also that title
8-4
Flood hazard mew; local administrator .................
6-36
Officer, defined ......................................
1-2
Right of entry in order to carry out duties, etc. .........
1-9
ONE-WAY STREETS
1.2
Designated ..........................................
10.2
Additional traffic regulations. See: Traffic
ORDINANCES. See: Code of Ordinances
OWNER
Defined.............................................
1-2
P
PARKS AND RECREATION
2.2(c)
Open fires in parka or other public places ..............
8-4
Recreational equipment, parking of ....................
10.3
Zoning (Appendix A). See that title
2-2(e)
PARTNERSHIPS
2-2(d)
Persona defined to include ............................
1.2
PATIO SALES
Prohibited; definitions; violation; penalty ............... 8-12
PENALTIES
General penalties .................................... 1-8
Specific penalties. See specific violations
PENSIONS AND RETIREMENT
Employee pension plan
Contributions ......................................
2.2(c)
Definitions ........................................
2-2(b)
Determination of public interest .....................
2-2(a)
Trust.............................................
2-2(e)
Vesting ............................................
2-2(d)
PERMITS. See: Licenses and Permits
PERSON
Defined ............................................. 1-2
PETITIONS
Planning; petition .................................... 9-3
PLANNING AND DEVELOPMENT
Comprehensive planning
Adopted.......................................... 9.5
Exemption from county road improvements ordinance. 9-6
Generally ......................................... 9-4
Supp. No. 3 1494
CODEINDEX
PLANNING AND DEVELOPMENT—Cont'd.
Section
Comprehensive planning ..............................
9-4
Fees
Rezoning, petition for ...............................
9-2
Variance for special exception, petition for............
9-3
Planning board. See within this title: Town Planning
Board
Plats
Agreement with owner required ......................
9-18
Compliance to be constituted by approval and endorse-
ments.........................................
9-19
Contents..........................................
9-16
Fees..............................................
9-20
Required ..........................................
9-16
Streets, alignment of ...............................
9-17
Utilities, provisions for ..............................
9-17
Road improvements
Exemption of town from ............................
9-6
Setback established ..................................
9-1
Town planning board
Compensation ......................................
9-31
Composition .......................................
9-31
Created ...........................................
9.31
Duties.............................................
9-32
Powers............................................
9-32
Qualifications......................................
9-31
Removal rules ......................................
9-31
Term.............................................
9-31
Zoning (Appendix A). See that title
PLATS AND PLATTING
Generally ............................................ 9.16 at seq.
Planning and development. See also that title
Zoning (Appendix A). See that title
PLUMBING
Water and waterworks; water emergencies
Certain was restricted; defective plumbing, escape
through ........................................ 11-18(6)
POLICE DEPARTMENT
Animals and fowl; person bitten by domestic animal
Report to police or health department required ....... 3-3
POOLS. See: Swimming Pools
PROPERTY
Animals and fowl; damaging property of another
Proof of violation .................................. 3.7
Damaging public property ............................ 8-2
Supp. No. 2 1495
GULF STREAM CODE
PUBLIC PROPERTY
Section
Damaging...........................................
8-2
PUMPS
9-1
Water and waterworks; booster pumps, use of...........
11-1
PURCHASING
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
1-2
adopting ordinance of this code
R
7-16
RECREATION. See: Parks and Recreation
7-20
RESOLUTIONS
7-18.1
Ordinances saved from repeal, other provisions not
7-19
included herein. See the preliminary pages and the
7-21
adopting ordinance of this code
7-18
RETIREMENT. See: Pensions and Retirement
7-17
RIGHT OF ENTRY
City officers or employees carrying out their duties, etc.;
right of entry ....................................
1-9
ROAD IMPROVEMENTS. See: Planning and Development
SANITATION. See: Health and Sanitation
SEAL
Townseal ................................. ..........
2-1
SETBACKS
Planning; setback established .........................
9-1
SEWERS. See: Water and Sewers
SIDEWALKS. See: Streets and Sidewalks
SOCIETY
Persons defined to include ............................
1-2
SOLICITORS
Definition...........................................
7-16
Exceptions ..........................................
7-20
Identification card, unauthorized use of ................
7-18.1
Other prohibited acts .................................
7-19
Penalties ............................................
7-21
Permit.................................... ..........
7-18
Registration .........................................
7-17
Supp. No. 2 1496
CODEINDEX
SPEED LIMITS
Section
Watercraft speed ....................................
8-26
STATE
Defined.............................................
1-2
STATE LAW
Elections, governing of ...............................
5-6
Elections. See also that title
STATE MISDEMEANORS
Adoption ............................................
8-11
STREETS AND SIDEWALKS
Excavations of streets and sidewalks
Hours allowed for ..................................
8-10
One-way streets designated ...........................
10-2
Open fires on streets, alleys, etc ........................
8-4
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
Planning; plata
Streets, alignment of ...............................
9-17
SUBDIVISIONS
Flood hazard areas ...................................
6-16 at seq.
Flood hazard areae. See also that title
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
Planning............................................
9-1 at seq.
Planning and development. See also that title
Zoning (Appendix A). See that title
SWIMMING POOLS
Water and waterworks; water emergencies
Certain uses restricted; swimming pools ..............
11-18(4)
A
TAXATION
Occupational license taxes ............................ 7-1 at seq.
Licenses and permits. See that title
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
TIME
Computation of time, defined ......................... 1-2
TOWN
Defined............................................. 1-2
Supp. No. 2 1497
GULF STREAM CODE
TOWN CLERK
Section
Elections, authority of ................................
5-7
TOWN COMMISSION
Defined.............................................
1-2
TOWN MANAGER
Elections, authority of ................................
5-7
TOWN SEAL
General)
2-1
TRAFFIC
Commercial vehicles, parking of ....................... 10-3
Florida uniform traffic control law
Adopted by reference ............................... 10-1
One-way street designated ............................ 10-2
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
Recreational equipment, parking of .................... 10-3
TRASH. See: Garbage and Trash
U
UTILITIES
Planning; plats
Utilities, provisions for .............................. 9-17
Water and waterworks ................................ 11-1 etseq.
Water and waterworks. See also that title
05
VACANT LOTS
Clearance of debris, etc .................. ............. 8-7
VARIANCES
Planning; fees
Variance for special exception, petition for............ 9-3
VEGETATION
Water and waterworks; water emergencies
Certain uses restricted; water and vegetation.......... 11-18(1)
VEHICLES. See: Motor Vehicles
W
WALLS. See: Fences, Walls, Hedges and Other Enclosures
Supp. No. 2 1498
CODEINDEX
WARDS
Section
Ordinances caved from repeal, other provisions not
8-22
included herein. See the preliminary pages and the
8-24
adopting ordinance of this code
8-23
WASTE
B-27
Watercraft; discharge of waste .........................
8-28
WATER AND WATERWORKS
8-21
Booster pumps, use of ................................
11-1
Buildings; approval of supplier of water prior to permit
8-29
issuance .........................................
4-6
Emergencies. See within this title: Water Emergencies
Rates and charges ....................................
11-2
Water emergencies
Appeals ..........................................
11-20
Certain uses restricted
Defective plumbing, escape through ................
11-18(6)
Equipment,cleaning ..............................
11-18(3)
Machinery, cleaning ..............................
11-18(3)
Mobile equipment, washing ........................
11-18(2)
Ornamental fountains .............................
11-18(4)
Swimming pools ..................................
11-18(4)
Water and vegetation .............................
11.18(1)
Curtailment, exceptions to ..........................
11-19
Definitions .......................................
11-16
Restriction, exceptions to ...........................
11-19
Restriction of certain wen ...........................
11-18
Scope.............................................
11-17
Violations .........................................
11.20
WATERCRAFT
Anchoring ...........................................
8-23
Docking, permit required for ..........................
8-22
Maintenance restrictions ..............................
8-24
Mooring .............................................
8-23
Noise..............................................
B-27
Reckless operation ...................................
8.25
Residence, use an ....................................
8-21
Speed ...............................................
8-26
Violations ..........................................
8-29
Waste, discharge of ...................................
8-28
WEAPONS. See: Firearms and Weapons
YARD SALES
Prohibited; definitions; violation; penalty ............... 8-12
Supp. No. 4
1499
GULF STREAM CODE
ZONING Section
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
Planning; petition for rezoning .... . ................... 9-2
ZONING (Appendix A)
Amendments ........................................
XII
Apartment and residence district "C" ..................
IV
Applicability .........................................
II
Certificates of occupancy .............................
VIII
Changes.............................................
XII
Comprehensive plan. See: Planning and Development
Conflict ................................... ..........
XI
Districts and boundaries thereof .......................
I
Enforcement .........................................
XIII
General provisions ...................................
VI
Interpretation .......................................
XI
Nonconforming uses ................................. _ ...
VII
"Or" outdoor recreational district ......... I ............ I .
V
Penalties ............................................
XIII
Planning and development. See that title
Plats................................................
X
Purpose.............................................
XI
"RM" multiple -family residential district ....................
IIIA
"RS" residential single-family district ... _ .. _ .......... _
III
Special exceptions ....................................
IX
Town planning board ... ..............................
XIV
Validity .............................................
XV
Violations ...........................................
XIII
Supp. No. 4
1500
CODEINDEX
A
ABSENTEE BALLOTS
Section
Generally............................................
5-6
AGREEMENTS. See: Contracts and Agreements
ANIMALS AND FOWL
Domestic animals, excessive noise by ...................
3-4
Complaint by nearby residents ......................
3-5
Declared nuisance ..................................
3-5
Domestic animals, person bitten by
Report to police or health department required .......
3-3
Female animals in season .............................
3.6
Noise, excessive; by domestic animals ..................
3-4
Complaint by nearby residents ......................
3-5
Declared nuisance ..................................
3-5
Property
Damaging property of another; proof of violation ......
3-7
Running at large prohibited ...........................
3-1
Definition; penalty .................................
3-1
Vicious animals to he muzzled; definition ...............
3-2
Violations
Prima facie evidence of .............................
3-8
APARTMENTS
Zoning (Appendix A). See that title
APPROPRIATIONS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
ASSESSMENTS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
ASSOCIATIONS
Persons defined to include ............................
1-2
B
BALLOTS
Absentee ballots ..................................... 5-6
Election; official ballot forms
Clerk responsible for ............................... 5-5
BOARDS AND COMMISSIONS
Departments and other agencies of city. See that title
1487
GULF STREAM CODE
BOATS, DOCKS AND WATERWAYS
Section
Watercraft ..........................................
8-21 et seq.
Watercraft. See also that title
BODIES POLITIC
Persons defined to include ............................
1-2
BONDS
Issues...............................................
2-3
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
BOUNDARIES
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
'Luning (Appendix A). See that title
BUILDINGS
Code, adoption by reference ...........................
4-1
Amendments ......................................
4-2
Fees for service
Duties of county to process applications ..............
4-4
Final drainage plan
Area with existing drainage system ...................
4-7(b)
Area with with no existing drainage system ................
4-7(c)
Certificate of occupancy
4-7(e)
Definition .........................................
4-7(a)
Design criteria .....................................
4-7(d)
Penalty ...........................................
4-7(f)
Flood hazard areas ...................................
6-16 at seq.
Flood hazard areas. See also that title
Hours allowed for the erection, demolition, etc., of
buildings ........................................
8-10
Penalties ............................................
4-5
Permits
Approval of water supplier prior to issuance ..........
4-6
Inspections ........................................
4.3
Issuance ...........................................
4-3
Permit fees ........................................
4-4
Violations ...........................................
4-5
Zoning (Appendix A). See that title
BUSINESSES
Zoning (Appendix A). See that title
CANDIDATES
Elections; qualifying fee for candidates ................. 5-4
1488
t.
CODEINDEX
CERTIFICATES OF OCCUPANCY
Section
Buildings; final drainage plan
1-7
Certificate of occupancy ............................
4-7(e)
Zoning (Appendix A). See that title
1-3
CITY CLERK
1-1
Elections; official ballot forms
1-2
Clerk responsible for ...............................
5-5
CLUBS
1-8
Persons defined to include ............................
1-2
CODE OF ORDINANCES -
Altering code ........................................
1-7
Amendments to code .................................
1-6
Catchlines of sections .................................
1-3
Cited...............................................
1-1
Defined.............................................
1-2
Designated ..........................................
1-1
General penalty ......................................
1-8
Ordinances, effect of repeal ...........................
1-4
Right of entry .......................................
1-9
Rules of construction .................................
1-2
Severability of parts of code ...........................
1-5
COMMISSION. See: Boards and Commissions
COMPREHENSIVE PLAN
Generally ............................................ 9-4
CONTRACTS AND AGREEMENTS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
CORPORATE LIMITS
Defined............................................. 1-2
CORPORATIONS
Persons defined to include ............................ 1-2
COUNTY
Defined............................................. 1-2
CRAFT. See: Watercraft
*Note—The adoption, amendment, repeal, omissions, effective date,
explanation of numbering system and other matters pertaining to the use,
construction and interpretation of this Code are contained in the adopting
ordinance and preface which are to be found in the preliminary pages of
this volume.
1489
GULF STREAM CODE
1]
DEMOLITION
Section
Hours allowed for demolition of buildings ..............
8-10
DEPARTMENTS AND OTHER AGENCIES OF TOWN
5-4
Health department. See: Health and Sanitation
Planning; town planning board ........................
9-31 at seq.
Planning. See also that title
5-3
Police department. See that title
5-5
Town commission. See that title
Town planning board .................................
9-31 at seq.
Planning. See also that title
DISTRICTS
Zoning (Appendix A). See that title
DOCKS. See: Boats, Docks and Waterways
DOCKS AND WHARVES
Watercraft .......................................... 8-21 at seq.
Watercraft. See also that title
DOMESTIC ANIMALS
Generally ............................................ 3-3 at seq.
Animals and fowl. See also that title
DRAINAGE
Buildings; final drainage plan ......................... 4-7
E
ELECTIONS
Absentee ballots .....................................
5-6
Candidates, qualifying fee for .........................
5-4
Florida election code
Adopted by reference ...............................
5-1
Mayor, proclamation by ..............................
5-3
Official ballot forms; clerk responsible for ..............
5-5
Water emergencies ................................... 11-16 at seq.
Water and water works. See also that title
EMPLOYEES. See: Officers and Employees
EXCAVATIONS
Hours allowed for excavations ......................... 8-10
FENCES, WALLS, HEDGES AND OTHER ENCLO-
SURES
Zoning (Appendix A). See that title
1490
CODEINDEX
1
- FINANCES
Section
Bond issues2.3
.........................................
FIRE PREVENTION AND PROTECTION
Open fires ...........................................
8-4
FIREARMS AND WEAPONS
Discharge of .........................................
8-3
FIRMS
Persons defined to include ............................
1-2
FLOOD HAZARD AREAS
Areas of special flood hazard, basis for establishing......
6-22
Compliance required .................................
6-23
Definitions ..........................................
6-20
Development permits .................................
6-36,6-37
Findings of fact ......................................
6-17
Interpretation .......................................
6-25
Local administrator ..................................
6-36
Objectives ...........................................
6-19
Provisions for flood hazard reduction
Base flood elevation, areae where ]mown
Coastal high hazard areas (V zones) ................
6-47(3)
Mobile homes ....................................
6-47(4)
` Non-residential construction .......................
6-47(2)
Residential construction ...........................
6-47(1)
Generally ..........................................
6-46
.... Subdivisions .......................................
6-48
Scope...............................................
6-21
Statement of purpose ..................................
6-18
Statutory authority ..................................
6-16
Variance procedures ..................................
6-38
Violations ...........................................
6-26
Warning and disclaimer of liability ....................
6-24
FOUNTAINS
Water and waterworks; water emergencies
Certain uses restricted; ornamental fountains .........
11-18(4)
FOWL. See: Animals and Fowl
FRANCHISES
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
G
GARBAGE AND TRASH
Litter............................................... 8-6
Vacant Iota; clearance of debris, etc .................... 8-7
Watercraft; discharge of waste ......................... 8-28
1491
GULF STREAM CODE
GENDER Section
Defined............................................. 1-2
H
HEALTH AND SANITATION
Animals and fowl; person bitten by domestic animal
Report to police or health department required ....... 3-3
HEDGES. See: Fences, Walls, Hedges and Other Enclo-
sures
IMPROVEMENTS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
INDIVIDUALS
Persons defined to include ............................
1-2
L
LICENSES AND PERMITS
Building permit ......................................
4-3 at seq.
Buildings. See also that title
Dates due ...........................................
7-3
Flood hazard areas; development permits ...............
6-37
Penalties ............................................
7-3
Solicitors ............................................
7-16 at seq.
Solicitors. See also that title
Tax, occupational license
Classification ......................................
7-1
Levy..............................................
7-1
Term...............................................
7-2
Transfer ............................................
7-2
Watercraft; docking, permit required for ...............
8-22
LIMITS
Corporate limits, defined .............................
1-2
LITTER
Generally............................................
8-5
LOCAL IMPROVEMENTS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
LOTS
Vacant Iota; clearance of debris, etc ....................
8-7
1492
CODEINDEX
M
MACHINERY
Section
Regulation for construction or operation of
2-2
Hours of operation .................................
8-10
Water and waterworks; water emergencies
8-27
Certain uses restricted; machinery, cleaning...........
11-18(3)
MAYOR
1-9
Elections; proclamation by ............................
5-3
MISDEMEANORS
10-2
State misdemeanors, adoption of ......................
8-11
MOBILE HOMES
Flood hazard areas; provisions for flood hazard reduction
Areas where base flood elevation known; mobile homes
6-47(4)
MOTOR VEHICLES
Commercial vehicles, parking of ....................... 10-3
MUZZLES
Vicious animals to be muzzled ......................... 3-2
N
NOISE
Animals and fowl; excessive noise by domestic animals
2-2
Complaint by nearby residents; declared nuisance .....
3-5
Watercraft; noise .....................................
8-27
NUISANCES
1-2
Animals and fowl; excessive noise by domestic animals
1-9
Complaint by nearby residents; declared nuisance .....
3-5
NUMBER
10-2
Defined.............................................
1-2
T
OFFICERS AND EMPLOYEES
City clerk. See that title
Employee pension plan ...............................
2-2
Pensions and retirement. See also that title
Flood hazard areas; local administrator .................
6-36
Officer, defined ......................................
1-2
Right of entry in order to carry out duties, etc..........
1-9
ONE-WAY STREETS
Designated ..........................................
10-2
Additional traffic regulations. See: Traffic
ORDINANCES. See: Code of Ordinances
1493
GULF STREAM CODE
OWNER
Section
Defined .............................................
1-2
P
PARKS AND RECREATION
2-2(c)
Open fires in parks or other public places ..............
8.4
Recreational equipment, parking of ....................
10.3
Zoning (Appendix A). See that title
2-2(a)
PARTNERSHIPS
Trust.............................................
Persons defined to include ............................
1-2
PENALTIES
2-2(d)
General penalties ....................................
1.8
Specific penalties. See specific violations
-�
PENSIONS AND RETIREMENT
Employee pension plan
Contributions ......................................
2-2(c)
Definitions ........................................
2-2(b)
Determination of public interest .....................
2-2(a)
Trust.............................................
2-2(e)
Vesting ............................................
2-2(d)
PERMITS. See: Licenses and Permits
-�
PERSON
°'..
Defined.............................................
1-2
PETITIONS
Planning: petition ......................... .........
9-3
PLANNING
Comprehensive planning ..............................
9-4
Fees
Rezoning, petition for ...............................
9-2
Variance for special exception, petition for............
9-3
Planning board. See within this title: Town Planning
Board
Plats
Agreement with owner required ......................
9-18
Compliance to be constituted by approval and endorse-
ments.........................................
9-19
Contents ..........................................
9-16
Fees..............................................
9-20
Required ..........................................
9-16
Streets, alignment of ...............................
9-17
Utilities, provisions for ..............................
9-17
Setback established ..................................
9-1
Town planning board
Compensation ......................................
9-31
s
1494
li
CODEINDEX
PLANNING—Cont'd.
Section
Composition .......................................
9-31
Created ...........................................
9-31
Duties.............................................
9-32
Powers ............................................
9-32
Qualifications ......................................
9-31
Removal rules ......................................
9-31
Term.............................................
9-31
Zoning (Appendix A). See that title
PLATS AND PLATTING
Generally ............................................
9-16 at seq.
Planning. See also that title
Zoning (Appendix A). See that title
PLUMBING
Water and waterworks; water emergencies
Certain uses restricted; defective plumbing, escape
through ........................................
11.18(5)
POLICE DEPARTMENT
Animals and fowl; person bitten by domestic animal
Report to police or health department required .......
3-3
POOLS. See: Swimming Pools
PROPERTY
Animals and fowl; damaging property of another
Proof of violation ..................................
3-7
Damaging public property ............................
8-2
PUBLIC PROPERTY
Damaging...........................................
8-2
PUMPS
Water and waterworks; booster pumps, use of...........
11-1
PURCHASING
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
R
RECREATION. See: Parks and Recreation
RESOLUTIONS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
RETIREMENT. See: Pensions and Retirement
1495
GULF STREAM CODE
RIGHT OF ENTRY Section
City officers or employees carrying out their duties, etc.;
right of entry .................................... 1-9
SANITATION. See: Health and Sanitation
SEAL
Town seal ...........................................
2-1
SETBACKS
Planning; setback established .........................
9-1
SEWERS. See: Water and Sewers
SIDEWALKS. See: Streets and Sidewalks
SOCIETY
Persons defined to include ............................
1-2
SOLICITORS
Definition ...........................................
7-16
Exceptions ..........................................
7-20
Identification card, unauthorized use of ................
7-18.1
Other prohibited acts .................................
7-19
Penalties ............................................
7-21
Permit..............................................
7-18
Registration ..... _..................................
7-17
SPEED LIMITS
Watercraft; speed ....................................
8-26
STATE
Defined.............................................
1-2
SPATE MISDEMEANORS
Adoption ............................................
8-11
STREETS AND SIDEWALKS
Excavations of streets and sidewalks
Hours allowed for ..................................
8-10
One-way streets designated ...........................
10-2
Open fires on streets, alleys, etc ........................
8-4
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
Planning; plats
Streets, alignment of ...............................
9-17
SUBDIVISIONS
Flood hazard areas ...................................
6-16 at seq.
Flood hazard areas. See also that title
1496
CODEINDEX
I
SUBDIVISIONS—Cont'd. Section
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
Planning ............................................ 9-1 at seq.
Planning. See also that title
Zoning (Appendix A). See that title
SWIMMING POOLS
Water and waterworks; water emergencies
Certain uses restricted; swimming pools .............. 11-18(4)
A
TAXATION
Occupational license taxes ............................ 7-1 at seq.
Licenses and permits. See that title
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
TIME
Computation of time, defined .........................
1-2
TOWN
.,, Defined .............................................
1-2
TOWN COMMISSION
,_ ..
Defined.............................................
1-2
TOWN SEAL
Generally ............................................
2-1
TRAFFIC
Commercial vehicles, parking of .......................
10.3
Florida uniform traffic control law
Adopted by reference ...............................
10-1
One-way street designated ............................
10-2
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
Recreational equipment, parking of ....................
10-3
TRASH. See: Garbage and Trash
A
UTILITIES
Planning; plats
Utilities, provisions for .............................. 9-17
Water and waterworks ................................ 11-1 at seq.
Water and waterworks. See also that title
1497
GULF STREAM CODE
V
VACANT LOTS
Section
Clearance of debris, etc . ..............................
8-7
VARIANCES
Planning; fees
Variance for special exception, petition for ............
9-3
VEGETATION
Water and waterworks; water emergencies
Certain uses restricted; water and vegetation..........
11-18(1)
VEHICLES. See: Motor Vehicles
W
WALLS. See: Fences, Walls, Hedges and Other Enclosures
WARDS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
WASTE
Watercraft; discharge of waste .........................
8-28
WATER AND WATERWORKS
Booster pumps, use of ................................
11-1
Buildings; approval of supplier of water prior to permit
issuance.........................................
4-6
Emergencies. See within this title: Water Emergencies
Rates and charges ....................................
11-2
Water emergencies
Appeals...........................................
11-20
Certain uses restricted
Defective plumbing, escape through ................
11-18(5)
Equipment, cleaning ..............................
11-18(3)
Machinery, cleaning ..............................
11-18(3)
Mobile equipment, washing ........................
11-18(2)
Ornamental fountains .............................
11-18(4)
Swimming pools ..................................
11-18(4)
Water and vegetation .............................
11-18(1)
Curtailment, exceptions to ..........................
11-19
Definitions ........................................
11-16
Restriction, exceptions to ...........................
11-19
Restriction of certain uses ...........................
11-18
Scope.............................................
11-17
Violations .........................................
11-20
1498
CODEINDEX
--- WATERCRAFT
Section
Anchoring ...........................................
8-23
Docking, permit required for ..........................
8-22
Maintenance restrictions ..............................
8-24
Mooring.............................................
8-23
Noise...............................................
8-27
Reckless operation ...................................
8-25
Residence, use as ....................................
8-21
Speed...............................................
8-26
Violations ...........................................
8-29
Waste, discharge of ...................................
8-28
WEAPONS. See: Firearms and Weapons
Z
ZONING
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
Planning; petition for rezoning ........................
9-2
ZONING (Appendix A)
Amendments ........................................
XII
_
Apartment and residence district "C" ..................
IV
Applicability .........................................
II
Business district .....................................
V
` Certificates of occupancy .............................
VIII
Changes.............................................
XII
Conflict .............................................
XI
Districts and boundaries thereof .......................
I
Enforcement .........................................
XIII
General provisions ...................................
VI
Interpretation .......................................
XI
Limited apartment district "C.. ........................
IIIA
Non -conforming uses .................................
VII
Outdoor recreational district ..........................
VA
Penalties ............................................
XIII
Plats................................................
X
Purpose.............................................
XI
Residence district "A" ................................
III
Special exceptions ....................................
Ix
Town planning board .................................
XIV
Validity.............................................
XV
Violations ...........................................
XIII
1499