14-022 1
1 I ORDINANCE NO. 14 -022
2 AN ORDINANCE OF THE CITY COMMISSION OF THE
3 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
4 CHAPTER 10 OF THE CITY'S CODE OF ORDINANCES,
5 "GARBAGE, TRASH AND OFFENSIVE CONDITIONS,"
6 ARTICLE II, "REFUSE, GARBAGE AND TRASH"
7 ALLOWING FOR SOLID WASTE RATE INCREASE
8 AND LANGUAGE CHANGE; PROVIDING FOR
9 CONFLICTS, SEVERABILITY, CODIFICATION AND
10 AN EFFECTIVE DATE.
11 WHEREAS, the Public Works staff has conducted a cursory review of the Code of
12 Ordinances, Chapter 10, Garbage, Trash and Offensive Conditions and has proposed minor
13 revisions to the Code language; and
14 WHEREAS, the rate increase proposed is needed to continue to maintain sound
15 operations due to increased fuel costs, increased equipment maintenance expenditures and
16 added residential communities; and
17 WHEREAS, the City Commission finds the adoption of the proposed ordinance is
18 in the best interest of the health, safety, and welfare of the citizens and residents of the City of
19 Boynton Beach.
20 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION
21 OF THE CITY OF BOYNTON BEACH FLORIDA, THAT:
22 Section 1. Each "Whereas" clause set forth above is true and correct and
23 incorporated herein by this reference.
24 Section 2. Chapter 10, Garbage, Trash and Offensive Conditions, Article II,
25 Refuse, Garbage and Trash, is amended as follows:
26
27 ARTICLE II. REFUSE, GARBAGE AND TRASH*
28
29 Sec. 10 -22. City to collect and dispose of garbage; supervision; regulatory
30 authority.
31 All refuse, garbage, trash of all types, vegetative trash, recycling, construction and
32 demolition material accumulated in the City shall be exclusively collected, conveyed and
33 disposed of by the City under the supervision of the Director of Public Works. The Director of
34 Public Works shall have authority to make administrative regulations concerning the days of
35 collection, type and location of waste containers and such other matters pertaining to the
36 collection, conveyance and disposal not otherwise set by the City Commission or the City
\ \apps3 city cbb \auto \Data\219\ Items \210\3120 \4048 \Ordinance_- Solid_Waste_Rate Increase (2014) doc
-1
l
i
1 Manager as he shall find necessary, and to change and modify the same after notice as
2 required by law, provided that such regulations are not contrary to the provisions hereof.
3
4 1
5 Sec. 10 -23. Definitions.
6 For the purpose of this article, the following words and terms are defined as follows:
7 Commercial means any public or private place, building and /or enterprise or business
8 devoted in whole or in part to a business enterprise, whether nonprofit or profit- making in
9 nature, including, but not limited to hotels, motels, restaurants, offices, industries, stores,
10 markets, theaters, hospitals and other institutions which hold themselves out to the public as
11 places of business, services or accommodations.
12 Containers or receptacles:
13 (1) "Non- containerized" means the use of a "roll -out cart" provided by the City for the
14 use of garbage collection purposes. The cart as defined will be of a special design and
15 construction as to allow for the mechanical or automation of collection of garbage.
16 (2) "Containerized" or "Dumpster" means a detachable metal container provided by the
17 City designed and intended to be mechanically dumped into a packer -type solid waste vehicle
18 and varying in size from two (2) cubic yards to eight (8) cubic yards adaptable to City
19 equipment. This type receptacle is normally associated with collection service for commercial
20 or multifamily developments.
21 (3) "Containerized or Dumpster with wheels" are containers supplied by the occupants,
22 business, or institution who choose to use them inside buildings and roll them to the
23 designated outside location for pickup. This type receptacle is normally associated with
24 multifamily or commercial developments.
25 (4) "Compactor" is a mechanical device to accept garbage, trash, and other types of
26 materials, mechanically press or compact the material into a more dense form, and to be
27 serviced by City trucks designed for such operations. The compactor shall be the property of
28 the business, institution, or customer, and shall not be owned, maintained, or repaired by the
29 City. The City shall service the compactor to the extent of collecting and disposal of the
30 material, and will not be responsible for the mechanical operation, repair, energy to operate,
31 or longevity of the device. The customer shall be responsible for consulting with the City
32 prior to purchasing a compactor to assure the compactor and the City trucks used to service
33 the compactor are compatible. Failure on the part of the customer to conduct such
34 coordination shall not waive the requirement that the compactor is to be serviced by City
35 equipment. The City will bear no responsibility for modifying either the compactor, or its
36 equipment to offer the necessary service. This type receptacle can be associated with
37 commercial, mobile home parks, or institutional type of customers.
38 (5) "Roll -out garbage carts" are specialized garbage carts provided exclusively by the
39 City as a part of the residential garbage collection service. The carts are of a design that would
40 allow the City to mechanically collect the garbage, or to automate the garbage collection
41 process.
42 (6) "Roll -off containers" are various sized metal containers specially designed for the
43 collection of noncombustible trash, construction, demolition, cleaning, renovation, industrial,
44 or garbage wastes normally associated with construction projects or special events. The
45 containers are provided by the City upon request and qualification of the customer, and shall
46 be serviced by the City exclusively on an as needed basis.
\ \apps3 city cbb\ auto\ Data\ 219 \items \210 \3 1 2 01404 8 \Ord inance - Sol id Waste_Rate_Increase(2014) doc
-2
1 , Dispose means to deliver to approved landfill or transfer station or other approved disposal
2 method.
3 Director of Public Works means the Director of Public Works and /or the duly authorized
4 agent.
5 Mandatory Service Charge means an automatic fifty dollar ($50.00) service charge will be
6 assessed for any bulk trash/vegetation that is placed for pickup on the wrong day.
7 Recycling means any process by which solid waste, or materials which would otherwise
8 become solid waste, are collected, separated, or processed and reused or returned to use in the
9 form of raw materials or products.
10 Refuse shall mean any or all of the following: garbage, noncombustible trash, vegetative
11 trash, contaminated yard trash, bulk trash, construction and demolition material, hazardous,
12 industrial waste, infectious waste, and recycling material. Such items are hereby further
13 defined as follows:
14 (1) "Garbage:" Every accumulation of animal, fruit, or vegetable matter that attends the
15 preparation, use, cooking and dealing in or storage of meats, fish, fowl, fruit or vegetables,
16 and any other matter, of any nature which is subject to decay, putrefaction and generation of
17 noxious or offensive gases or odors, or which, during or after decay may serve as a breeding
18 or feeding material for flies or other germ carrying insects; and any bottles, cans or other
19 containers, except recyclable containers, which due to their ability to retain water, may serve
20 as a breeding place for mosquitoes or other insects. Garbage shall not include human solid
21 waste. Garbage is collected from each residential unit in the City twice a week, and from each
22 commercial establishment as requested by the customer or as required by the Director of
23 Public Works when public safety or appearance is jeopardized.
24 (2) "Noncombustible trash:" Materials that are not burnable at ordinary incineration
25 temperatures, such as metals, mineral matter, metal furniture and auto bodies and parts, dirt,
26 bricks, paving and other types of building or demolition materials. The City shall not collect
27 non - combustible trash on a scheduled, routine basis.
28 (3) "Yard trash:" Shall mean vegetative matter resulting from gardening, including
29 accumulation of lawn, grass, shrubbery cuttings, dry leaf rakings, palm fronds, small tree
30 branches not to exceed four (4) inches in diameter or four (4) feet in length. Yard trash shall
31 be collected on scheduled pickup days once a week at all residential units throughout the
32 City. All yard trash generated— - -d yard sere ices shall he considered –as
nn
33 e ercial material and shall he . - - - • • , . -
34 generation of the mattri -ah Tree stumps are prohibited to be placed out for collection.
35 (4) "Contaminated yard waste:" Shall mean any yard and garden waste pile containing
36 material other than containerized grass or leaves, shrubbery cuttings, or vegetative matter of
37 any type incidental to the care of residential lawns and gardens, including limbs and branches
38 less than four (4) inches in diameter or four (4) feet in length.
39 ; (5) "Bulk trash:" Shall mean large objects and items, however not necessarily limited to
40 the following: washers, dryers, furniture (including mattresses and springs), rugs, cabinets,
41 i wooden boxes, and other types of household items. Bulk trash shall also include owner
42 generated construction debris less than one (1) cubic yard.
43 ; (6) "Construction and demolition material:" Commonly referred to as C &D debris, shall
44 be any byproduct material from either the construction or demolition or remodeling, or repair
45 of any type building, structure, or roadway, or driveway materials. Material would commonly
46 contain, but not be limited to, building materials, rubble, stone, brick, earthwork, paving
\ \apps3 city ebb\ auto \Data\219 \Items \210\3120 \4048 \Ordinance_ - _ Solid Waste_Rate_Increase (2014) doc
-3-
1
1
1 materials, concrete, blocks, wood, roofing materials of all types, metal, piping, asphalt,
2 I l fencing, cabinets, HVAC ducting, heating and air conditioning equipment, plumbing fixtures
3 and the like. This material will not be collected routinely by the City. The customer should
4 contact the Director of Public Works to schedule the removal, or arrange for a roll -off
5 container to be provided but the City. The cost of this service will be in accordance with the
6 type of materials and the cost of associated disposal.
7 (7) "Hazardous material:" Shall be any type material or product whose chemical or
8 biological nature make it dangerous to the human health if disposed improperly, or that could
9 cause harm to the environment. This includes any material which requires special handling
10 due to its acute or chronic effects on air and water quality, on fish, wildlife, or other biota and
11 on the health and welfare of the public, including but not limited to explosives, pathological
12 wastes, radioactive materials, oil -based paints, thinners, fluorescent bulbs, auto fluids,
13 pesticides, flares, pool chemicals, sharps or needles, batteries, and acidic, caustic, toxic or
14 highly flammable chemicals. The City will not collect hazardous material on any regular
15 Solid Waste services. Arrangements for the special disposal shall be made by the customer for
16 the proper, safe, and legal disposal of hazardous material by calling the Solid Waste
17 Authority.
18 (8) "Infectious waste:" Is any type of waste material resulting from the operation of
19 medical clinics, hospitals, abattoirs, and other facilities producing waste which may consist of
20 human and /or parts, contaminated bandages, pathological specimens, hypodermic needles,
21 contaminated clothing and surgical gloves. The City will not routinely collect infectious
22 waste. Arrangements for special disposal shall be made privately by the customer for the
23 proper, safe, and legal disposal of infectious waste according to standards within the relevant
24 industry.
25 (9) "Recyclable materials:" Shall mean newspaper (including inserts), aluminum, plastic
26 containers, glass bottle and jars, milk and juice cartons, aseptic containers, corrugated
27 cardboard, brown paper bags, mixed paper, tin, and ferrous cans, household dry -cell batteries
28 (no wet -cell batteries) and other type materials that have known recycling potential, can be
29 feasibly recycled, and have been diverted and source separated or have been removed from
30 the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials
31 require materials would include items that are capable of being recycled and which would
32 otherwise be processed or disposed of as solid waste. Recycled material shall be collected on
33 a scheduled routine basis from each residential unit in the City.
34 Residential dwelling unit means any structure or shelter, house, apartment building, or any
35 1 part thereof used or constructed for human habitation and shall include bath and culinary
36 accommodations for one or more families.
37 (1) "Single - family dwelling:" means a residential dwelling unit designed to contain only
38 one (1) family, or any residential dwelling unit, or any number of residential dwelling units
39 receiving Solid Waste service for each individual dwelling unit.
40 (2) "Multi - family dwelling:" means a residential dwelling unit designed to contain more
41 than one (1) family, and received containerized Solid Waste service.
42 Sanitation Supervisor. See Director of Public Works.
43 Special pickup, and costs referenced herein, shall apply when residential solid waste,
44 exclusive of construction debris, greater than six (6) cubic yards must be collected and
45 disposed of separate from other provisions of this Article. Special pickups will be coordinated
46 with the resident and a Solid Waste Supervisor as to time, place, date, and items to be picked
\ \apps3 city cbb\ auto \Data\219\ Items \210 \3120 \4048 \Ordinance_- Solid Waste_Rate Increase(2014) doc
-4
1 up. Items to be picked up will not be deposited at the curbside more than twenty -four (24)
2 hours prior to the scheduled special pickup. All special pickups shall be at additional cost to
3 the resident. An estimate of the cost of the special pickup should be obtained by contacting
4 the office of the Director of Public Works. Special pickups will be made as soon as
5 practicable upon acceptance of the cost estimate by the owner. A • . - -
6 when the following occurs: v egcta tion– - -
7 tiegctation that exceeds four (1) inches in diameter and /or four ( feet in length;
8 construction /demolition material in excess of one The minimum fee for this service
9 is - -! . seventy -five dollars ($75.00).
10
11 Sec. 10 -24. Single family residential refuse collection.
12 (a) The City will collect noncontainerized residential refuse under the following
13 conditions:
14 (1) Garbage will be collected twice per week at curbside only from each single family
15 residential unit in the City provided with roll -out garbage carts. The placement of household
16 garbage in a loose and uncontained manner on the roadside, swale or other locations adjacent
17 to the roadway with the expectation of collection shall be strictly prohibited. All material
18 intended for disposal with the roll -out garbage carts shall be placed inside the cart, and the lid
19 of the cart must be closed. All refuse cans and carts shall be aboveground, placed off the
20 street, but within three (3) feet of the curb or edge of pavement and shall be located a
21 minimum of three (3) feet from any obstruction that may interfere with routine collection.
22 Yard trash and combustible trash will not be collected with household garbage, but will be
23 picked up once per week on a scheduled trash pickup day. Yard trash and combustible trash
24 capable of being containerized should be placed in a standard garbage can, roll -out garbage
25 cart, plastic bag, or disposable container -.on1v y ard waste generated b) residential propertv
26 will he eligible for collection. Collection of yard trash should be piled separately from all
27 other trash at curbside. Any mixing of household garbage, combustible, noncombustible, or
28 bulk trash with the yard trash shall be strictly prohibited. ' : - - . • -
29 trash - - un v acant lots is prohibited. Materials classified as
30 hazardous material will not be collected by the City. Household garbage, trash or any type of
31 other material intended for collection, shall not be set out prior to 6:00 P.M. of the day
32 proceeding the scheduled pickup.
33 (2) All garbage cans provided by the individual customer shall be subject to inspection
34 and approval by the Director of Public Works or designee at all times. A container not
35 approved by the Director of Public Works and which is set out for collection will have a
36 notice placed upon the container, handed to the owner or occupant, or left at his residence and
37 the occupant shall no longer use the container for collection.
38 (3) Special waterproof disposable refuse bags or any other containers may be used for
39 I vegetative materials. When such bags or any other containers are used, the responsibility for
40 protection of either the bag or the container and the contents shall rest with the individuals
41 occupying or residing on the property. Rupture of, or damage to the bag or container, from
42 any cause which results in the scattering of refuse prior to the arrival of City collection
43 ! personnel will obligate the user to reassemble all of the refuse in an undamaged bag or
44 container prior to pickup by the City.
45 — ( 1 f \ccumulations of )ard trash shall - -
46 confines of residents' or owners' side property lines. 1)e _ • - - •
\ \apps3 city cbb\ auto \Data\219 \Items \210\3120 \4048 \Ordinance - Soltd_Waste_Rate Increase (2014) doc
2
3
6� clippings. and other debris emanating from their • - - -- _
8; No yard trash shall be placed on property owned or occupied by others without permission.
91, (5) Refuse containers, cans, and carts shall not be kept or maintained upon or adjacent to
10;1 any street, sidewalk, parkway, front yard, side yard or other place within the view of persons
11 using any street or sidewalk located within the City, except as provided herein. Protection of
12 the containers placed for collection is the responsibility of the resident.
13 (6) Curbside residential recycling service will be given to each residential dwelling unit
14 with the City, once a week. The City shall provide each resident with two (2) recycling bins or
15 1 1 carts. One shall be used for the accumulation of plastic containers, glass, aluminum and other
1611 allowable co- mingled materials. The other shall be used for newspaper, magazines, glossy
17 paper, office grade paper, and corrugated cardboard. The bins shall be set out on the
181 designated collection day.
191 - (7) The responsihillt} for proper placement and preparation of solid waste materials for
21 • y • - .. .- �.
22
23 '• - - - said waste in an approked sanitar■ container for
25 requirement shall obligate t rt —owner of record to fulfill the r --
26 compliance with this Article Where the resident of a dwelling unit is physically unable to
27 deliver Residential Solid Waste to curbside the resident can complete an Application For
28 Request for Reasonable Accomodation. The Public Works Director or they're designee shall
29 rek iew the request and make a determination on the request for reasonable accommodation
30 based upon a finding that the proposed accommodation is reasonable, and the applicant is an
31 individual with a disability as defined in 42 U.S.C.'s 12102 of the Americans with Disabilities
32 Act. fhe applicant will be notified in writing of the decision on the request for reasonable
33 accommodation. Regardless of any accommodation made pursuant to the facts described in
34 this paraa agh, vegetative waste must continue to be placed at curbside
35 (8) Hazardous wastes, infectious wastes, construction and demolition material, dead
36 animals and any other prohibited waste shall not be placed in garbage cans, bags. or any other
37 types of containers or placed loose on the ground with the expectation of having the material
38 collected by the City. These materials are not part of Single Family Residential Refuse
39 Collection Service. The resident and /or property owner should contact the Director of Public
40 Works in order to inquire as to the proper disposal method for such materials.
41
42 l Sec. 10 -25. Containerized commercial and residential collection.
43 I (a) Regulations governing containerized service •
44 (1) Containerized refuse service shall be carried out by the City at commercial or
45 multifamily residential establishments in the promotion of improved sanitary conditions for
46 the prevention of health hazard. Containers are supplied by and shall remain the property of
Ij
\ \apps3 city cbb \auto \Data\219 \ltems\21O\3120 \4048 \Ordinance_- _Sohd_Waste Rate Increase(2014) doc
-6-
access lo containers at an tires shall De prov Dy the 1
6 landowner. All containers shall be located so that the collection vehicle driver can dump
7 containers without leaving the vehicle.
8 (3) Customers using garbage chutes or interior storage shall provide containers on rollers
9 which will be the responsibility of the owner or occupant for maintenance. The landowner
10 shall be responsible for placing (rolling) them to the proper position for emptying and in time
11 for emptying.
12 (4) The size or number of containers shall be determined by the volume of refuse to be
13 deposited and will be in direct relationship to the manner in which the user elects to utilize the
14 space provided in said container or containers. Charges shall be assessed on the basis of cubic
15 yards of refuse removed from premises whether manually compacted or loose.
16 (5) At each multifamily site, located adjacent to the dumpsters, or a location approved by
17 the City, the City 4l1 may place a minimum of two (2) recycling carts. The carts are for the
18 purpose of collecting recycling materials. The landowner must allow space for the carts
19 adjacent to the dumpsters, and properly accessible by the City trucks for servicing. The
20 residents of the multifamily development shall be encouraged to conduct recycling. The carts
21 will be serviced a minimum of once a week. The placement of materials, garbage, yard trash,
22 or any other material not approved in the definition of recyclable materials shall be strictly
23 prohibited. This service is provided as a part of the garbage collection fee.
24 (6) Commercial, institutional, and any other type activity requiring containerized garbage
25 collection, except for multifamily collection service, are encouraged to access the garbage and
26 trash stream, to determine the benefits of recycling. The City will provide dumpsters,
27 designated for cardboard and paper recycling. The service will be provided for a fee.
28
29 Sec. 10 -26. Roll-off services.
30 (a) Construction sites All construction, renovation, remodeling, and repair sites, requiring
31 a permit from the City for work being conducted, shall be maintained in a clean and sanitary
32 condition at all times. Each construction site shall be provided with solid waste containers
33 adequate in size and sufficient in number to accommodate the accumulation of solid waste
34 during the interval between scheduled removals of solid waste from the project site. The
35 number and type of refuse containers shall be subject to the approval of the Public Works
36 Department. The owner of the property, or the contractor conducting the operations, shall
37 have the right to provide the material removal service with his own containers and equipment.
38 In all other cases, the owner or contractor shall be required to obtain such removal services
39 from the City. The Public Works Department shall determine exclusively whether this service
40 would require the use of roll -off containers, or the service could be adequately provided by
41 some other means.
42 (b) Stop work. During the construction of any site project the Building Official may at
43 his /her discretion, issue a written order to stop work on a construction project for failure to
44 maintain the construction site in a clean and sanitary condition, or for failing to adhere to the
45 requirement of this chapter.
46 (c) Final cleanup. Solid waste shall be removed from the construction, renovation,
\ \apps3 city cbb\ auto \Data\219 \Items \210 \3120 \4048 \Ordinance - _ Solid Waste _ Rate Increase(2014) doc
-
1
1 the City. The landowner is responsible for the protection of containers placed to serve the
2 premises. The landowner shall be liable to the extent of the cost of repairs and cleanliness or
3 replacement of containers when damaged by fire, negligence, vandalism or other forms of
4 I abuse.
1 1
1
i
1
11
I
1
i
1
I
1 i remodeling, or repair site, and the area properly cleaned to the_satisfaction of the Director of
2 Public Works within five (5) workdays following the completion and final inspections of the
3 I work performed under a permit, and in all instances prior to the issuance of a certificate of
4 l l occupancy by the Building Department.
5 1 (d) Roll -off location. All roll -off containers shall be placed on the customer's property in a 1
6 location accessible for service. Roll -offs may be placed in the public right -of -way only if a
7 permit to do so is issued by the Engineering Department. Roll -off containers not serviced
8 within 30 -days of issuance may be removed from the property by the City at the Public Works
9 Directors discretion.
10
11 Sec. 10 -27. General regulations.
12 (a) Predetermination of refuse storage sites required. Prior to the issuance of a building
13 permit by the City Building Department for the renovation, modification or erection of a new
14 structure, provisions must be made for the storage and handling of refuse. Such arrangements
15 shall provide free access to containers by mechanized equipment at all times. Acting jointly,
16 the Public Works Department and the City Building Department and the builder- owner-
17 occupant, as applicable, shall mutually arrive at a satisfactory arrangement to meet collection
18 requirements.
19 (b) Refuse from containerized residential units will be collected twice a week or as
20 necessary. Such frequency of service shall be determined exclusively by the Director of
21 Public Works to ensure public safety, health, cleanliness and appearance. In the case of the
22 commercial establishment, the customer will be billed for the amount of service required to
23 meet the solid waste standards.
24 (c) Duty to record and bill users of City system. The Director of Public Works shall cause
25 to be kept, an accurate record of all persons using the services and facilities of the said
26 municipal refuse collection and disposal system and make charges in accordance with the
27 rates and charges herein established. The City may choose to not provide solid waste services
28 because of non - payment.
29 (d) [Unlawful deposits.] It shall be unlawful for any person to deposit on, or bury in, or
30 cause to be deposited on or buried in, upon any land, vacant or unoccupied premises in the
31 City or upon any occupied property public square, or upon any street, alley, park, parkway, or
32 in any canal, waterway, bridge, easement, or other public passageway, or right -of -way, or any
33 storm drain, rock pit and sand pit, pool or lake within the City any noxious, filthy, malodorous
34 or offensive liquid or solid materials, garbage, refuse, or rubbish anywhere within the limits of
35 the City in any vessel or receptacle other than in an approved refuse container which is
36 collected regularly. Nothing in this provision shall prohibit private, backyard, nuisance -free
37 composting practices for home gardening purposes. No person shall burn or cause to be
38 burned any refuse or waste anywhere within the City limits, except as otherwise provided by
39 law.
40 Cross references- Depositing litter in bodies of water, § 15 -30; polluting park waters, § 16-
41 26.
42 (e) Mulch or compost piles permitted. Horticultural trash and refuse containing no
43 combustible matter, or which will not, during decay, give off offensive odors, may be
44 accumulated by the owner as a mulch or compost pile in the rear of the residential premises
45 upon which the material is accumulated. Bringing material from offsite onto the property for
46 the sake of composting will be prohibited. Composting for commercial purpose, or
\ \apps3 city cbb\ auto \Data\219 \Items \210\3120 \4048 \Ordinance_- _Solid_Waste Rate Increase_(2014) doc
-8- —
1 composting to develop a marketable product shall be prohibited except for those cases
2 allowed by commercial enterprise, and properly licensed to conduct such operations.
3 (f) Ownership of collection refuse and waste.
4 ; (1) Ownership of refuse and waste material shall be vested in the City at the time of
5 collection.
6 (2 )- It shall he unlaNv fill for an person. nor - -a - «xlicd to do so. to open. remove, untie, or
7 . - . .
8 eeNcctlon and disposal. It shall be�unlav ful for any person to seav enge any solid waste
9 v ithin the City.
10 (3) Recycling material to be collected, such as newspaper, newspaper /grade papers,
11 and /or other materials, shall become the property of the City from the time of placement at the
12 curb by the customer, and it shall be a violation of this Article for any person, firm,
13 corporation, or partnership other than the City, to tamper with or to take or remove, or to
14 convert to its own use in any way, such material. Each such collection in violation hereof
15 from one (1) or more residences or businesses during such period shall constitute a separate
16 and distinct offense.
17 (g) Dead animals. It shall be unlawful to place any dead animal or parts thereof in any
18 solid waste container for collection; however, this section shall not apply to animal parts from
19 food preparation for human consumption.
20 (h) Incinerators. No private incineration units shall be erected or operated within the City
21 from the date of this Article except upon approval of the City Commission, and the issuance
22 of the proper permits and licenses from any and all regulating agencies.
23 (i) Landfills. It shall be unlawful for any person to create, use, own, or operate any landfill
24 or dump within the corporate limits of the City.
25 (j) Littering. It shall be unlawful to place, or allow to be placed, any solid waste upon the
26 roads, streets, storm drains, canals, lakes, other bodies of water, of any public or private
27 property within the City except as provided herein.
28 (k) Non - interference. It shall be unlawful for any person to interfere with any employee of
29 the City while in the performance of their duties as authorized by this chapter.
30
31 Sec. 10 -28. Reserved.
32
33 Sec. 10 -29. Purpose of rates and charges.
34 The rates and charges herein set forth are imposed to provide revenue for the purpose of
35 paying the costs of the operation and maintenance of the refuse collection and disposal system
36 of the City and extensions thereof and replacements thereto and for any other lawful purpose
37 as so determined by the City Commission.
38
39 Sec. 10 -30. Rates and charges for City service.
40 The rates and charges for refuse collection service provided by the City shall be as follows:
41 (a) Commercial containerized, excluding multifamily residential units:
42 (1) Monthly commercial charges shall consist of a total of the following three (3) items:
43 a. Rental charge - The charge assessed to account for expenses related to the provision
44 of commercial refuse containers. The Public Works Director shall annually adjust the
45 container rental fee based upon changing market prices of new containers.
46 b. Disposal charge -A fixed disposal charge as set and modified from time to time by
\ \apps3 city cbb \auto\Data\219 \ltems \210\3120 \4048 \Ordinance_ -_Solid Waste_Rate lncrease(2014) doc
-9-
1 the Palm Beach County Solid Waste Authority. This price shall be passed on to the customer
2 directly.
3 c. Operating charge -A fixed charge per cubic yard to cover all other labor and
4 ! equipment hauling expenses and charges of the Solid Waste Department. The rate in 201408 -
5 I 201504 will be fixed at four dollars ($4.00) per cubic yard and shall be increased annually
6 thereafter based upon changes to operating expenses at the discretion of the Public Works
7 Director at the beginning of each fiscal year, or as otherwise provided by the City
8 Commission.
9 (2) Partial monthly service will be charged on a prorated basis, based on the rates in
10 subsection (1 a.) above.
11 (3) Mechanical compressed or compactor refuse shall have the disposal rate computed at
12 a three -to -one (3:1) ratio of the disposal rates set forth in subsection (lb.) above. Containers
13 with compactors shall be furnished by the owner, therefore, no rental cost shall be charged.
14 (h) Noncontainerized commercial service Refuse picked up from residential type cans at
15 commercial establishments shall have their level of service negotiated by the Public Works
16 Department.
17 (c) Collection rates:
Residenti Multi -
al Family
18
FY $14.0 $10.7
201307- 012.2
54-0(4
1408
FY $9.50
201408- 515.0
1504 0 11.75
FY 2009 $13.2 $4-0,0
4- 02015- 516.0 012.7
16 0 _ 5
19
20
21 (d) • .. - -
22 per cubic yard.
23 (de) Roll -off rates Rates for roll -off dumpsters for construction and demolition debris
24 shall be established and modified from time to time by the Director of Public Works based
25 upon private markets conditions.
26
27 Sec. 10 -31. Violations and enforcement.
28 It is hereby declared unlawful and a violation of this Article for any person to do or permit
29 to be done any of the following acts or practices:
30 (1) To deposit or place in or cause to be deposited or placed in a trash container any
31 materials other than those defined in this Article as refuse.
32 (2) To fail or neglect to keep or cause to be kept clean and sanitary, tightly covered and
33 in good state of repair, all refuse containers.
34 (3) To use or supply garbage cans and refuse containers other than those defined and
1 \apps3 utv cbb \auto \Data\219\ Items \210 \3120 \4048 \Ordinance_- Solid _Waste_Rate_lncrease(2014) doe
- 10-
1
1 provided for in this Article.
2 (4) To collect or permit to be collected by anyone, the garbage from any garbage
3 ; container other than by persons regularly employed by the City for that purpose unless
4 specifically authorized by the City Commission.
5 It shall be unlawful for any person to fail, neglect, or refuse to comply with and abide by
6 each provision of this Article. The performance on each day of any prohibited act or practice
7 shall constitute a separate offense, and shall be punishable as such.
8
9 Sec. 10 -32. Disaster - generated debris removal management plan;
10 authority, priorities and limitations.
11 The City Manager, or designee, shall have the authority, to remove disaster - generated debris
12 located within the City of Boynton Beach on city -owned property, county /state -owned roads,
13 and private roads after the declaration of any state of emergency pursuant to this article. The
14 removal of such disaster - generated debris is authorized only after a major disaster or a
15 catastrophic disaster and upon the determination by the City Manager, or designee, that such
16 removal is reasonable necessary to (i) eliminate immediate threats to life, public health, and
17 safety; (ii) eliminate immediate threats of significant damage to city property or facilities; or
18 (iii) ensure economic recovery of the affected community to the benefit of the community -at-
19 large.
20 (1) An immediate threat to life, public health, and safety shall be deemed to exist if any
21 one of the following conditions is satisfied:
22 a. There is a significant likelihood that rescue vehicles will be significantly hindered
23 from rendering emergency services if the disaster - generated debris is allowed to remain in
24 place;
25 b. The type of disaster - generated debris is such that it may reasonably cause disease,
26 illness, or sickness which could injure or adversely affect the health, safety, or general welfare
27 ; of those residing and working in the area if it is allowed to remain;
28 c. The removal of the disaster - generated debris is necessary to effectuate orderly and
29 expeditious restoration of city -wide utility services including, but not limited to, power, water,
30 sewer, telephone and solid waste collection;
31 d. The disaster - generated debris is determined by the City of Boynton Beach Building
32 Official or Public Health Official to be dangerous or hazardous;
33 e. The disaster - generated debris prevents garbage collection, thereby creating a public
34 health and safety hazard;
35 f. The disaster - generated debris contains contaminants which have a reasonable
36 likelihood of leeching into the soil and/or aquifer of the city;
37 g. The disaster - generated debris has a substantial negative impact upon public health and
38 safety by preventing or adversely affecting emergency repairs to buildings and /or property;
39 h. The disaster - generated debris presents a reasonable danger of being transported by
40 wind and/or water to neighboring properties, thereby increasing the cost of recovery and
41 ; removal;
42 i. The disaster - generated debris is significantly likely to produce mold or may otherwise
43 cause disease, illness, or sickness which could injure or adversely affect the health, safety, or
44 general welfare of the public;
45 j. The presence of the disaster - generated debris significantly adversely impacts the city's
46 recovery efforts;
\ \apps3 city cbb\ auto \Data\219 \Items \210 \3120 \4048 \Ordinance - Sobd_Waste_Rate_Increase(2014) doc
- 11 -
I
1 k. The disaster - generated debris significantly interferes with drainage or water runoff, so
2 as to be a significant hazard in the event of significant rainfall;
3 1. The sheer volume of the disaster - generated debris is such that it is impractical and
4 1 unreasonable to remove in an orderly and efficient manner absent action by the city; or
5 m. The type, extent and nature of the disaster - generated debris is such that it would cause
6 much greater damage if not removed immediately.
7 (2) An immediate threat of significant damage to city property or facilities shall be deemed
8 to exist if the cost to remove the disaster- generated debris is less than the cost of potential I
9 damage to the city property or facility, thereby being a cost effective removal.
10 (3) In removing disaster - generated debris from county -owned or state owned property and
11 rights -of -way, the highest priority shall initially be given to responding to immediate threats
12 to life, public health, and safety; eliminating immediate threat of significant damage to county
13 and state property or facilities; and pushing or removing disaster - generated debris from
14 county /state rights -of -way to permit safe passage.
15 (4) The removal of disaster - generated debris shall begin as soon as functionally feasible
16 after the occurrence of a major disaster or catastrophic disaster. The primary operation of the
17 city work forces will be to cut and toss disaster - generated debris depositing it along county or
18 state rights -of -way, thereby creating access to the major arterial roadways to allow for
19 expedited search and rescue efforts as well as recovery efforts. Upon completion of the cut
20 and toss operation, city work forces will begin the removal of other disaster - generated debris.
21 The owners of private property, or those individuals otherwise in possession of private
22 property, adjoining county /state rights -of -way may place disaster - generated debris in the
23 county and /or state right -of -way. The community -at -large will be notified via press releases,
24 city web -page, local media of the initial start date for removal of disaster - generated debris by
25 city work forces and will subsequently be notified prior to the last removal pass by city work
26 forces. After the last such removal pass, city residents will be responsible for the removal of
27 any remaining disaster - generated debris in compliance with pre- disaster collection
28 requirements whether they be self - provided, provided through a private contractor, or
29 provided through regular waste disposable services.
30 (5) The city shall, subject to the restrictions and requirements of F.S. Section 768.28,
31 indemnify and hold the federal government, its agencies and employees, harmless from any
32 claims arising from or based upon the exercise or performance of, or the failure to exercise or
33 perform, a discretionary function or duty on the part of any federal agency or any employee of
34 the federal government in carrying out the provisions of the Robert T. Stafford Disaster Relief
35 and Emergency Assistance Act (Stafford Act).
36 (6) The owners of private property, or those individuals otherwise in possession of private
37 property, shall be responsible for assuring that the placement of any disaster - generated debris
38 in city /county /state rights -of -way or on private roads for removal by city work forces satisfies
39 the following conditions:
40 a. The disaster - generated debris shall be neatly stacked, piled, or placed with its leading
41 edge lying within the three -foot roadside shoulder area on either side of the travel lanes of the
42 road.
43 b. The disaster - generated debris shall be separated into stacks or piles of the following
44 types of debris as defined in this article:
45 1. Putrescent debris and mixed common household items.
46 2. Vegetative debris.
\ \apps3 city cbb\ auto \Data\219 \Items \210\3120 \4048 \Ordinance - So1id_Waste_Rate Increase(2014) doc
-12
1 3. Construction and demolition debris.
2 4. White goods.
3 5. Hazardous household waste and electronic waste.
4 c. The disaster - generated debris shall be placed so that it is not under any power lines,
5 not on top of any water meters, or not within three feet of any power poles, fire hydrants,
6 vehicles, mailboxes, or fences.
7 (7) Any damage to personal property by city work forces resulting from the placement of
8 disaster - generated debris in a manner inconsistent with this section shall be the responsibility
9 of the private property owner, or individual otherwise in possession of private property, who
10 misplaced such debris.
11 (8) Any owners of private property, or any individuals otherwise in possession of private
12 property, who stack, pile, or otherwise place anything for removal on city /county /state rights -
13 of -way or on private roads which is deemed not to be disaster - generated debris, shall be
14 responsible for removing such unauthorized debris no later than 24 hours after notification of
15 such removal requirement by a member of the city work forces. Any such owner or other
16 individual who fails to timely comply with such removal requirement shall thereafter be
17 responsible for any costs associated with the removal of such unauthorized debris by city
18 work forces.
19 (9) Removal of hazardous trees or hazardous limbs. The removal of disaster - generated
20 debris consisting of either hazardous trees or hazardous limbs overhanging or otherwise
21 endangering a private road shall be deemed to be the responsibility of the adjacent private
22 property owners and, as such, the city work forces shall not be authorized to remove or to
23 otherwise act upon such disaster - generated debris unless it is necessary to eliminate an
24 immediate threat to the safety of city work forces.
25
26 Secs. 10- 33- 10 -49. Reserved.
27
28 Section 3. Each and every other provision of Chapter 10, not herein specifically
29 amended shall remain in full force and effect as previously enacted.
30 Section 4. All ordinances or parts of ordinances in conflict herewith be and the
31 same are hereby repealed.
32 Section 5. Should any section or provision of this ordinance or portion hereof, any
33 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
34 such decision shall not affect the remainder of this ordinance.
35 Section 6. Authority is hereby granted to codify said ordinance.
36 Section 7. This ordinance shall become effective immediately upon its passage
\ \apps3 city cbb\ auto \Data\219 \Items \210 \3120 \4048 \Ordinance_ -_ Solid Waste_RateIncrease(2014) doc
- 13 -
I
1 and adoption.
2 FIRST READING this 3 day of September, 2014.
3
4 SECOND, FINAL READING AND PASSAGE this 't day of
5 S P_pA. ,2014.
6 CITY OF BOYNTON BEACH, FLORIDA
7
8 �-
�G
9 k _/.,ta
10 ayor rry aylor
11
12
13 �: -J
14 Vic; Mayor — Joe Casello
15
16
17
18 Commi io • r — David T.Merker
19
21 r
22 ( ommissioner — Mack McCray
23
24
25 tr/
26 Commissioner — Michae" . Fitz.. trick
27 ATTEST:
28
29 , . Pl t `a 4;4.4 0
30 ��(
3 Ja t M. Prainito, MMC
3 ty Clerk
33
34
35 L)
36 .44
•ON '04`,
1 \apps3 city cbb\ auto \Data\ 219 \Items \210\3120 \4048 \Ordinance - Solid _Waste_Rate Increase(2014) doc
- 14