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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