O#274ORDINANCE #274
AN ORDINANCE OF THE CITY OF BOYNTON BEACH RE~LATING
THE ACCUMULATION, P~EMOVAL AND DISPOSAL OF GARBAGE,
TRASH AND GARDEN ~H IN THE CITY OF BOYNTON BEACH
PROVIDING FOR THE FEES AND THE REMOVAL AND DISPOSAL
OF GARBAGE, TRASH AND GARDEN TRASH BY THE CITY OF
BOYNTON BEACH; PRESCRIBING LICENSE FEES AND CONDITIONS
UNDER WHICH REMOVAL AND DISPOSAL~AY BE MADE BY PERSONS
OTHER THAN EMPLOYEES OF THE CITY; REQUIRING LAN~ IN
SAID CITY TO BE KEPT FREE OF TRASH, GROWTH AND
~N~; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING PENALTIES
FOR VIOLATION HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE cITY OF BOYNTON BEACH,
AS FOLLOWS:
SECTION i. DEFINITIONS:
For the purpose of this chapter:
(a) Refuse. The word "refuse"' is hereby defined to mean
garbage, household trash and garden trash, as herein defined.
(b) Garbage. The word "garbage" is hereby defined to mean
every refuse accumulation of'animal, fruit, or begetable matter that
attends the preparation, use, cooking and dealing in, or storage of
meats, fish, fowl, fruits, or vegetables, and any other matter of
any nature whatsoever which is subject to decay and the generation
of noxious or offensive gases or odors, or which, during or after
decay, may serve as breeding or feeding material for flies or other
germ-carrying insects.
(c) Household trash. The term "household trash" shall mean
refuse accumulation~of paper, wooden or paper boxes, tin cans, bottles
or other containers, sweepings, and all other accumulations of a
nature other than garbage, Which' are usual to housekeeping.
(d) Garden trash. The term "garden trash" shall mean ail
accumulations of grass, tree or shrubbery cuttings, and other refuse
incident to the'care of lawns, shrubbery, trees or vines.
(e) Garbage cans. The term "garbage can" shall be defined
to mean a galvanized iron can of the type commonly sold as a "garbage
can", of a capacity not to exceed twenty-five gallons, or of the'type
Commonly sold as an "ash can" of a capacity not to exceed thi~ty
gallons, and in either case, such c~s shall have two handles upon the
sides of the can, or a bail by which it may be lifted, and shall have a
tight fitting metal top.
(f) Trash container. The term "trash container' shall mean
any wood ormetallic container of a size not to exceed five cubic feet
in capacity, for the purpose of storing household trash as hereinabove
defined. Such container need not have a cover, but in the case of
Ordinance #274
Page 2
metal containers without covers, the bottom of the container shall be
perforated to prevent the accumulation of water.
(~) Household. ?ne term 'household" shall he defined to mean
any ~amily living unit, and where two families are living upon the
same ~emises, each shall be considered as a houo_hold.~
(h) Month. ?ne term "month" as used in this chapter is
hereby defined to mean anyLcalendar month of the year.
SECTION 2, GAP~BAGE CARS REQUIRED.
'l~e occupant of each household in the City is hereby
required to provide a garbage can or cans of sufficient~apaclty'
to hold four days' accumulation of garbage from each household.
SECTION 3. TRASH CONTAINERS REQUIRED.
The occupant of each household in the City is hereby re-
~ired to provide a trash container or containers o~ sufficient capacity
to hold ~our days' ~ ~
accumu_at~on of household trash from such household.
SECTION~. SEPAP~TION OF GARBAGE FROM HOUSEHOLD TRASH;
CANS TO BE KEPT TIGHTLY COVE~ED.
All wet garbage matter shall be wrapped in paper before being
placed in garbage cans. All garbage, after having be~n so wrapped
and drained of all liquids, shall be daily deposited in the garbage cans
herein required. Tin cans, bottles, and other containers shall first
be drained of all liquid, and all household trash shall be deposited
in trash co*ntainers. No household or garden trash shall be deposited
in garbage cans and no garbage shall be deposited in trash containers.
All garbage cans shall be kept tightly covered at all times except
when it becomes necessary to lift the cover for the purpose of de-
positing garbaqe in the garbage can or for the purpose of emptying
such can into agarbage truck.
SECTION 5. ACCESSIBILITY, ~&~NNER AND TI~E OF PLACING FOR
COLLECTION.
No garbage can or trash container shall be kept or main-
tained ~pon or adjacent to anyLstreet, sidewalk, parkway, front yard,
side yard or other place within the view of persons using the City's
streets or sidewalks, exfept that:
1. Not earlier than six o'clock P.M. of the day preceding
~hat upon which garbage-and trash collections are customarily made
from such premises, such garbage cans and trash containers may and
shall be placed within five feet of the street for the purpose of
permitting the collection of garbage and trash therefrom, and which
garbage cans and trash containers shall be permitted to remain in such
places only for and during the period of the day upon which such
collection was made.
Ordinance #274
Page 3
2. The owner or occupant of any premises may erect or
construct and maintain upon any portion of his own premises, a per-
manent bin, pit or other structure in which garbage cans and trash
containers may be kept; provided, that such bin, pit or other structure
· is maintained in a cleo_n, sanitary and sightly condition.
Garbage cans and trash containers shall not be kept upon
neighboring property not in ownership or tenancy of the person by
whom 'the garbage or trash is acc,mmulated, irrespective of whether
or not such neighboring property be ~acant or improved. Where the
premises abut upon a used alley, garbage cans and trash containers
shall be placed within easy and convenient access to such alley.
SECTION 6. REMOVAL OF GARDEN TRASH.
Garden trash shall be deposited upon the parkway immediately
in front of the premises of the person by whom such accumulation is
made, or where such premises are located upon a used alley, at a point
easily accessible to and readily notice~ble from such alley, on the
days prior to the dates specified, from time to time, by the city,
for the collection of trash from such premises. It Shall be unlawful
for any person to deposit such garden trash upon and adjoining lot or
premises, whether vacant or improved, occupied orunoccupied, or upon
any other lot or premises, or street, alley or park, or in any canal
or waterway,~ lake or p~,l within the city. Garden trash containing
no com~ustihle matter, or which will not, during decay, give off
offensxve odors, may'~e accumulated hy the owner as a mulch or
compost pile in the rear of the premises upon which accumulated.
SECTION 7. INSPECTION OF GARBAGE CANS AND TRASH CONTAINERS;
CONDEMNATION.
All garbage cans and trash containers shall be subject to
inspection andapprove or dondemnation by the inspectors of the public
works department and the health officers of the city. No appeal from
such condemnation shall be possible except to the superintendent of
public works end to the health officer of the city.
SECTION 8. SEMIWEEKLY DISPOSAL.
All garbage cans and trash containers shall be emptied at
least twice in.eac~ week, and the contents thereof shall be disposed
of at least twice xn each week, in a~anner which shall not conflict
with the terms of this chapter.
SECTION 9. UNLAWFUL TO BURY CERTAIN MATERIALS IN GROUND.
It shall be unlawful for any person to bury in the ground any
refuse, garbage, household Stash or garden trash except in places
to be approved by the Supermntendents of the Department of Public
Works of the City and the Health Office in writing.
Ordnance #274
Page 4
SECTION 10.
,~HECITY.
REMOVAL BY PERSONS OTHER THAN EMPLOYEES OF
In all cases in which garbage or trash is removed or
disposed of by persons other than the employees of the department
of public works of the City, the owner or occupant of the premises
from which such removal,is made, shall prey iously report to the
superintendent of the d~artment of ~ublic works and the health
office of the city, the name and address of the persons by which
such removal is to be made, the description of the vehicle in which
it is to be transported, the location at which and the manner in
which the ultimate disposition of the garbage and trash is to be
accomplished. No person shall contract or permit himself to be
employed for such private disposition of garbage and trash unless
he shall have first procured a license or permit therefor from the
superintendent of the department of public wofzs of the city.
SECTION 11. DEPOSITING GARBAGE, ETC., UPON VACANT OR
UNOCCI~PIED PREMISES, STREETS, PARKS, ETC.
It shall be unlawful for any person to deposit garbage,
household trash or garden trash upon any vacant or unoccupied premises
in the city or upon any>street, alleys, parks, parkways, or in any
canal, waterway, rock pit, sand pit, pool or lake within the city.
SECTION 12. TRANSPORTATION OF GARBAGE THROUGH STREETS.
It shall be unlawful for any person to transport garbage thromgh
or over the stre~ts~or alleys of the city without making a report
thereof to the superimtendent of the department of public works and
the health officer of the city, or without first having secured a
license or permit thereforJ
SECTION 13. HOUSEHOLD TRASH TO BE COVERED OR '~EISHTED.
.All household trash deposited in trash containers shall
either be covered, or the trash in such cdntainers shall be weighted
down, so that the ligh~e~r materials cannot be blown from such con-
tainers.
SECTION 14. SERVICE CHARGE OR FEE.
A service charge or fee shall be fixed, from time to time, by
resolution of the city commission, and shall be posted in the office of
the city clerk. Such service charge or fee shall be based onuthe number
of cubic feet, or fraction thereof, for the services rendered by the city
in the collection and disposition of garbage and trash, as defined by
this chapter from anykstore, shop, restaurant, boardinq or apartment
house, warehouse or other place of business in the city. Such service
charae or fee shall be payable at the oflice of the city treasurer on or
befo~enthe first day of each month, in advance, during which such
services are to be rendered by the city provided, however, that, ~6~
~zhe purpose of determining the amount of trash and garbage to be
collected at each store, shop, restaurant, hotel, boarding or
Ordinance #274
Page 5
apartment house, warehouse or other place of business, should there
he a disagreement between the department of public works of the city
and the person liable for the payment of su'ch service charge or fee
the superintendent of public works shall designate one of his employees
to measure such trash and garbage collected from such place of business
during a week to be designated by such person and the number of cubic
feet of trash and garbage measured and collected during such week,
multiplied hy twelve shall be taken and considered by the department
of public works as the amount of trash and garbage to he charged for
during such quarter at the prescribed rate per cubic foot.
The owner or operator of any store, shop, restaurant, hotel,
boarding or apartment ~house, warehouse or other place of business
in the city shall have the right and option, in lieu of having his
trash and garbage collected hy the city, to haul or'cause his garbage
or trash to be hauled, to the city's disposal plant, to he incinerated,
upon the payment of a service charge or fee in such amount as may be
from time to time, hy resolution of the city commission, which fee
shall he imposed for the services rendered hy the city.
The payment of the service charge or fee shall entitle
the person paying the same to garbage and trash collection and disposal
services hy the city from the premises for which such payment shall
have been made, and only to the extent of such advance payment.
SECTION 15.
DISPOSAL.
LICENSE, ETC., REQUIRED FOR PIRVATE GARBAGE
No person shall remove garbage or trash from any household
in the city, or transport garbage or trash through the streets, alleys
or other public ways of the city or dump, incinerate, or in any other
manner dispose of garbage or trash originating in the city, or
contract for-or permit himself to he employed or engaged for any
such removal, transportation or disposal, without having first secured
a licem, se for such service from the tax collector of the city, evidencing
the payment to the city of the fee prescribed by the license schedule.
Before issuing any such license, the tax collector shall require the
execution of an application form to he furnished by him, showing the
name or names of the person to be licensed, or in the case of a
corporation, the names of the principal officers, and the names of
the person or persons who are to actually perform such service for the
corporation together with the business and home addresses of each of
such persons; the description of the equipment to be used for such
removal, transportation and disposal the exact location of and the
method of disposal. The application shall he first submitted to the
superintendent of the department of public works and the health
officer of the city. Such superintendent and health officer shall
make a full investigation of the application, and if they ascertain
and determine that such garbage and trash are to he removed and dis-
posed of by the applicant in a clean and sanitary manner, and in such a
way as not to adversely affect the public health of the city, they shall
prove the s~a~.e. Otherwise, they shall disapprove such application.
en such applxcation speu. ifies a point of disposal beyond the limit
of the city, the health officer and superintendent of the department
Ordinance #274
Page 6
of public works shall ascertain whether or not the disposal of
garbage at the point named, and by the method described in the
application, are satisfactory to the proper authorities of~ Palm
Beach County, or of the municipality, if such point be within another
municipality. No license under this section shall change any of the
personnel named in such application, nor any of the equipment used
for the removal or transportation of refuse, nor the location or
method of its disposal as described in such application, without having
first reported such changes to the superintendent of the department
~ p.~uhlic works, and thehealth offic?r of the city, or without having
rxrs= secured their approval and permlssion therefor. In the case of
changes in the location and method of disposal, if beyond the limits
of the.c~ty such changes shall also be first approved.by the proper
authorities of Palm B&ach County, or of the municipality within which
such disposal point is to be located.
SECTION 16. LANDS TO BE KEPT FREE FROM DEBRIS, VEGETATION
AND OTHER MATTER OCCASIONING HURRICANE HAZARDS.
All lands in the city shall be kept'free from debris, vege-
tation (including trees), or any other matter, which by rea~n of
height, proximity to neigkboring~strUctures, physical condition,
or other peculiar characteristic, might, in time of hurricane winds
prevalent in this region, cause damage to life or property with-
in the immediate area surrounding the same. The existence of any
debris, vegetation or Other matter as shall create such a hazard is
hereby declared to he a nuisance.
SECTION 17. LANDS TO BE KEPT FREE FROM WEEDS.
All land in the city shall be kept free from weeds of a
height exceeding 18". The word "weeds" as used herein shall be held to
include all rank vegetabl® growth which exhale obnoxious or unpleasant
odors, or to which might he a source of disease or physical distress
to human beings, and the word shall also be deemed to include all
high and rank vegetables growth that may conceal pools of water, trash~
filth or any other deposits which may be detrimental to health. The
existence of any such weeds is hereby declared to be a nuisance.
SECTION 18. LANDS TO BE KEPT FREE PROM TRASH OR FILTH.
All lands in the city shall be kept free from any kind of
trash or filth including specifically, hut without limitation, any
broken tree limbs, leaves or branches, any uncontained garbage or
refuse or any other type of material which might conceal pools of
wgter, create breeding grounds for mosquitoes or which might he other-
wmse detrimental to the health or safety of the inhabitants of the
city. The existence of any such trash or filth is hereby declared to be
a nuisance.
Ordinance #274
Page 7
SECTION 19. SURVEY OF LANDS.
Periodically, the city Health Officer and the City
Engineer shall make a survey report in writing to the City Manager
describing any lots or parcels of land in the city wherein conditions
such as specified in section 16, 17 and 18 above of this chapter shall
exist. Such report shall he delivered to the City Attorney who
shall, after search, indicate after each parcel the name of the owner
of record. Thereupon, the City Manager shall submit survey report
to the City CommisSion.
SECTION 20. ACTION BY CITY COMNISSION ON SUCH SURVEY;
NOTICE TO OWNER.
The City Commission shall consider such survey report at a
regular meeting and shall be authorized to hear such supporting data
as it may require of the City Health Officer or Engineer in order to
determine whether or not a nuisance does exist; and, if, in the
opinion of the city commission, such a prima facie case showing the
existance of such a nuisance is established, the city commission shall
then adopt .a resolution to that effect,, thereby directing that the
City Clerk send a written notice within 5 days thereafter to the last
record owner of each of such parcels of land at the last available
address for such owner, such notice to be in substantially the follow-
ing form:
NOTICE
TO:
ADDRESS: ......
PROPERTY:
You, as the owner of record, of the property above described,
are hereby notified that by resolution of the city commission of the
City of Boynton Beach, Florida, adopted on . it has been
determined by the city commission that a n~isance exists upon such
property caused by (list briefly the details).
You are hereby notified that on the day of ,19
at o'cloc~ -~.M., at -- , the city com~is~-i-gn
will meet at which t~'~e you wil'l be-given a-n opportunity, personally or
by agent or counsel, to show orally or in writing why such nuisance
should not he abated.
You are advised that if the city commission shall order the
abatement of such nuisance, you will be allowed 80 days within which to
effect the same, failing in which the city commission will have it
done, and the cost thereof will be levied as an assessment against
such property.
BY ORDER OF THE CITY COMMISSION
City' Clerk
Ordinance #:274
Page 8
SECTION 21. HEARING BY CITY COMMISSION; DECISION THAT
NUISANCE BE ABATED.
At the hearing provided for in such notice, or at any
adjourned session thereof, any of such owners may show all pertinent
or material reasons or facts as to why the preliminary finding of
the City Commission as to the existence of such a nuisance should
not be amended or altered, or why the abatement of such nuisance
should not he required, all at the cost of the owner. The city
commission shall consider any such reasons or facts presented by the
owner or any other mate~al or pertinent evidence that may be adduced
hy the City Health Officer or Engineer, rendering it a decision as
soon after the conclusion of such hearing as possible. Such
decision may be in the form of a resolution describing the land, the
owner, the nature of the nuisance, and the fact that unless abated hy
the owner within thirty days, the city will abate the nuisance and
levy the cost of such work as an assessment against the property in
question. The clerk shall send a copy of such decision to the record
owners of the several parcels affected thereby at their last avail-
able address within ten days after such decision.
SECTION 22. TIME WITHIN WHICH OWNER MUST ABATE NUISANCE.
In the case of any items of property as to which the
decision requires abatement, if the proPerty owner or someone in his
behalf has not abated the'nuisance within S0 days ~rom the date of
such mailing by the clerk, the City shall forthwith abate the same
and shall, through its employees, servants, agents or contractors
he authorized to enter upon the property and take such steps as are
reasonably required to effect abatement.
SECTION 23. ASSESSMENT OF ABATEMENT COST AGAINST L~ND.
As soon as such abatement as feasible, the cost thereof to
the City as to each parcel shall be calculated and reported by the
City Manager to the City Commission, thereupon, the city commission
shall, ~y resolution, assess such cost against such parcel. Such
resolution shall describe the land, the cost of abatement actually
incurred by the city with reference thereto.
SECTION 24.
MEETING.
NOTICE TO OWNER'OF ASSESSMENT AND EQUALIZATION
As soon as poSsible after the adoption of the resolution pro-
vided for in the foregoing paragraph, the clerk shall record a certi-
fied copy of such resolution in the office of the Clerk of Circuit
Court in and for Palm Beach County, Florida, and the City Clerk shall
mail a notice to the record owner of each of the parcels of land
described in the resolution at the last available address for such owner
which notice shall be in substantially the following form:
Ordinance #274
Page 9
NOTICE
TO:
ADDRt[ss: .....
PROPERTY:
You, as the record owner of the property above described
are hereby advised that, after due notice to the owner, the city
commission of the City of Boynton Beach, Florida, did by resolution
on the day of ,19 order the abatement of a
certain~ance ex~sting on the above p~operty, such nuisance being
(herein describe briefly)
A copy of such resolution has been heretofore sent you.
You failed to abate such nuisance~hereupon it was abated
by the city at a cost of $ Such cost has been, by
resolution of the city commission ~ated levied
against the above property.
Ysu are advised that ? the.__~__vday 9f . ,19
at . o clock M., the'city commissmon wmll Sit az a b~'~d
of_equa'lSzation at~ , Boynton Beach, Florida, to hear
and consxder any and all complaints as to such assessment you or
any other person may desire to make.
BY ORDER OF THE CITY COMMISSION.
SECTION 25.
ASSESSMENT:
"' City' Clerk '
EQUALIZATION OF ASSESSMENT: PAYMENT OF
INTEREST ON SAME
Upon the time and place named in the notice provided for in
the foregoing section, the city commission shall meet as an equalizing
borad to hear and consider any and all complaints as to such assess-
ments, and shall adjust and equalize the same on a basis of justice and
right, and when so equalized and approved, such assessments shall stand
confirmed, and remain legal, valid and binding obligations, upon the
property against which-made until paid. Such assessments shall he
payable at once upon equalizing and shall draw interest from that date
to 8 per cent until paid.
SECTION 26. ENFORCEMENT OF ASSESSMENTS.
Such assessments together with interest shall be enforceable
by the city as provided by the general law of the state.
Ordinance #274
Page !0
SECTION 27. PENALTIES.
Any violation by any person, firm or corporation v~lating
any of the provisions, sections, or sub-sections of this ordinance
shall, upon conviction be punished by a fine of not less than $5.00
nor more than $500.00 or by imprisonment' for a period not to exceed
90 days, or both such fine and imprisonment.
SECTION 28. SEPARABILITY.
In any section, part of section, sentence, clause or
phrase of this ordinance shall be held to be unconstitutional or
invalid, the remaining provisions hereof shall nevertheless remain
in full force and effect.
SECTION 29. ORDINANCES R~PEALED.
All ordinances or parts of ordinances inconsistent or
in conflict herewith are hereby repealed insofar as there is
conflict.
First reading this 3rd day of October, 1955.
Second reading and passed and adopted this 17th day of
October, 1955.
Mayor'
- Conncilm ~ - - ~
Attest: