O92-12 ORDINANCE NO. 092-/2
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 10, GARBAGE, TRASH AND
OFFENSIVE CONDITIONS, ARTICLE II REFUSE,
GARBAGE AND TRASH, SECTION 10-23
DEFINITIONS, SECTION 10-24 RESIDENTIAL
NONCONTAINERIZED COLLECTION; PROVIDING
FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the State of Florida adopted the Solid
Ianagement Act of 1988 (Act); and
WHEREAS, the Act requires certain regulations to
the useful life of the County landfills; and
WHEREAS, one of the regulations contained in
9rohibits the disposal of yard trash in lined landfills;
WHEREAS, the Palm Beach Solid Waste Authority has
~egulations prohibiting the co-mingling of household
~ard trash in order to meet the state mandates; and
WHEREAS, the City of Boynton Beach is required to separate
'ard trash from other household garbage;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
~ITY OF BOYNTON BEACH, FLORIDA, THAT:
Section !. The Code of Ordinances of the City of Boynton
~each, Article II Section 10-23 Definitions, paragraph (d) shall
)e amended by deleting the current language in its entirety and
Waste
~ubstituting the following:
(d) Refuse shall mean any or
~ombustible trash, noncombustible
preserve
the Act
and
adopted
garbage and
all of the following garbage,
trash, and yard trash. The
above items are hereby further defined as follows:
(1) Garbage: Every accumulation of animal, fruit, or
vegetable matter that attends the preparation, use~
cooking and dealing in or storage of, meats, fish,
fowl, fruit or vegetables, and any other matter, of any
nature which is subject to decay, putrefaction and
generation of noxious or offensive gases or odors, or
which, during or after decay may serve as a breeding or
. feeding material for flies or other germ carrying
insects; and any bottles, cans or other containers,
(2)
(3)
except recyclable containers, which due to their
ability to retain water, may serve as
for mosquitoes or other insects.
include human solid waste.
Combustible trash= Accumulations
a breeding place
Garbage shall not
of paper, rags or
wooden or paper boxes, sweepings, and other
accumulations of a nature other than garbage which are
usual to housekeeping and the operation of stores,
offices, and other business places.
Noncombustible trash= materials that are not burnable at
ordinary incineration temperatures, such as metals,
mineral matter, metal furniture and auto bodies and
parts.
(4} Yard Trash:
Shall
from landscaping
mean vegetative matter resulting
maintenance and land-clearing
operations including accumulation of lawn, grass,
shrubbery cuttings, dr~ leaf rakings, palm fronds, small
tree branches not to exceed four (4) inches in diameter
or four (4) feet in length. Yard trash Shall be
collected on scheduled pick-up days.
Section 2. Article II, Section 10-24 Residential
oncontainerized collection, paragraph (b) (1) shall be amended
deleting the current language in its entirety and substituting
:herefore the following:
(b) The city will...
(1) Garbage and combustible trash will be collected twice
per week at curbside from residential units, in
standard 32 gallon garbage cans or sealed bags placed
within five (5) feet of curbside. Maximum total weight
per full container shall not exceed thirty-five (35)
pounds. All containers shall be aboveground and shall
be located a minimum of five (5) feet from any
obstruction that may interfere with routine collection.
Underground containers may be used for storage of
garbage, but must be placed above ground on collection
days. Yard trash will not be collected with household
garbage, but will be picked up once per week on a
scheduled trash pick-up day. Yard trash capable of
being containerized should be placed in a standard
garbage can or disposable container. Yard trash must
not be co-mingled with household garbage. Collection
of yard trash should be piled separately from all other
trash at curbside. Placing of yard trash in the paved
area of the street or on vacant lots is prohibited.
Construction material, auto, truck or motorcycle parts
and hazardous waste material will not be picked up by
the City and owners must make arrangements for proper
disposal. Violations of any of the above restrictions
will be subject to possible code enforcement fines and
penalties.
Section 3. Article II, Section 10-24 paragraph (b) (3)
hereby amended by deleting the current language in its
Ls
.~ntirety and substituting therefore the following:
(b)(3) All yard trash shall be placed in approved
containers or bundled for pick-up. No loose material,
such as leaves, grass clippings, hedge clippings~ and
yard sweeping shall be set out for collection,
Section 4. Article II, Section 10-24 paragraph (b)(5)
is
Lereby amended by adding the words and figures in underlined type
~nd by deleting the words and figures in struck-through type, as
follows:
(b)(5) H~r~eu~tura~-re~use Yard trash too large for
containers and consisting of tree branches, palm fronds,
brush, trimmings, etc, shall be cut in lengths not
exceeding four (4) feet and not more than four (4)
inches in diameter. (Length limitation does not apply
to palm fronds.) Accumulations shall be stacked in
compact piles at curbside within the confines of
residents' or owners' side property lines. Deposits of
refuse shall not obstruct pedestrian or vehicular
traffic. The City will not collect
re~use yard trash produced from commercial tree
trimming operations, landscape and lawn maintenance
operators. No refuse shall be placed on property owned
or occupied by others without permission.~
Section 5. That all ordinances or parts of ordinances in
:onflict herewith be and the same are hereby repealed.
Section 6. Should any section or provision of this
~rdinance or portion hereof, any paragraph, sentence, or word be
[eclared by a court of competent jurisdiction to be invalid, such
[ecision shall not affect the remainder of this ordinance.
Section
~rdinance.
Section
7. Authority is hereby granted to codify said
8. This ordinance shall become effective on the 1st
lay of July, 1992.
FIRST READING this /~ day of
[992.
SECOND~ FINAL READING and PASSAGE this
k,/~z~/~ , 1992.
day of
~TTEST:
2i~ Clerk
(Corporate Seal)
rra~h.Ord
5/14/92-CP
CITY OF BOYNTON BEACH, FLORIDA
~yor
Vi~ Mayor
C mm ~ net
Commis s i~n~r