08-012
II
1 ORDINANCE NO. 08- 0 I;)...;
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2 AN ORDINANCE OF THE CITY COMMISSION OF THE
3 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
4 THE CITY'S CODE OF ORDINANCES, CHAPTER 10,
5 GARBAGE, TRASH AND OFFENSIVE CONDITIONS,
6 ARTICLE II, REFUSE, GARBAGE AND TRASH
7 ALLOWING FOR UNLIMITED AMOUNTS OF
8 VEGET A TION AND BULK TRASH FOR RESIDENTIAL
9 CURBSIDE PICKUP; APPROVING A 25 CENTS PER
10 MONTH RESIDENTIAL RATE INCREASE;
11 APPROVING A SIX-DA Y COLLECTION SCHEDULE
12 FOR ALL SOLIDW ASTE SERVICES; PROVIDING FOR
13 CONFLICTS, SEVERABILITY, CODIFICATION AND
14 AN EFFECTIVE DATE.
15 WHEREAS, the City Commission of the City of Boynton Beach directed staff to
16 change weekly collection requirements to allow disposal of unlimited amounts of bulk trash
17 and landscape debris; and
18 WHEREAS, this change will result in a 25 cents/per month rate increase to offset the
19 loss of special pickup revenues; and
20 WHEREAS, the City Commission finds the adoption of an ordinance allowing for
21 nlimited amounts of vegetation and bulk trash for residential curbside pickup; allowing for
22 he increase of 25 cents per month residential rate; and allowing for a six-day collection
23 schedule for all Solid Waste services is in the best interest of the health, safety, and welfare of
24 he citizens and residents of the City of Boynton Beach.
25 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION
26 F THE CITY OF BOYNTON BEACH FLORIDA, THAT:
27 Section 1. Each "Whereas" clause set forth above is true and correct and
28 ncorporated herein by this reference.
29 Section 2. Part II, Chapter 10, Garbage, Trash and Offensive Conditions, Article
30 I, Refuse, Garbage and Trash, is amended as follows:
31 ARTICLE II. REFUSE, GARBAGE AND TRASH
32
33 ec. 10-22. City to collect and dispose of garbage; supervision; regulatory authority.
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1 All refuse, garbage, trash of all types, vegetative trash, recycling, construction and
2 demolition material accumulated in the City shall be exclusively collected, conveyed and
3 disposed of by the City under the supervision of the Director of Public Works. The Director of
4 Public Works shall have authority to make administrative regulations concerning the days of
5 collection, type and location of waste containers and such other matters pertaining to the
6 collection, conveyance and disposal not otherwise set by the City Commission or the City
7 Manager as he shall find necessary, and to change and modify the same after notice as
8 required by law, provided that such regulations are not contrary to the provisions hereof.
9 Sec. 10-23. Definitions.
10 For the purpose of this article, the following words and terms are defined as follows:
11 Additional pickup means a cOlleetion of garbage, combustible trash, noncombustible trash,
12 vegetative trash, or bulk trash required due to thc inappropriate container, lack of
13 containerization and/or size or type of material placed out for pickup. Service charges shall be
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28 e will be assessed for an
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30 Commercial means any public or private place, building and/or enterprise or business
31 evoted in whole or in part to a business enterprise, whether nonprofit or profit-making in
32 ature, including, but not limited to hotels, motels, restaurants, offices, industries, stores,
33 arkets, theaters, hospitals and other institutions which hold themselves out to the public as
34 laces of business, services or accommodations.
35 Containers or receptacles:
36 I (1) "Non:containerized" means the use of a "roll-out cart" provided by the City for the
37 se of garbage collection purposes. The cart as defined will be of a special design and
38 onstruction as to allow for the mechanical or automation of collection of garbage.
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1 (2) "Containerized" or "Dumpster" means a detachable metal container provided by the
2 City designed and intended to be mechanically dumped into a packer-type solid waste vehicle
3 and varying in size from two (2) cubic yards to eight (8) cubic yards adaptable to City
4 equipment. This type receptacle is normally associated with collection service for commercial
5 or multifamily developments.
6 (3) "Containerized or Dumpster with wheels" are containers supplied by the occupants,
7 business, or institution who choose to use them inside buildings and roll them to the
8 designated outside location for pickup. This type receptacle is normally associated with
9 multifamily or commercial developments.
10 (4) "Compactor" is a mechanical device to accept garbage, trash, and other types of
11 materials, mechanically press or compact the material into a more dense form, and to be
12 serviced by City trucks designed for such operations. The compactor shall be the property of
13 the business, institution, or customer, and shall not be owned, maintained, or repaired by the
14 City. The City shall service the compactor to the extent of collecting and disposal of the
15 material, and will not be responsible for the mechanical operation, repair, energy to operate,
16 or longevity of the device. The customer shall be responsible for consulting with the City
17 prior to purchasing a compactor to assure the compactor and the City trucks used to service
18 the compactor are compatible. Failure on the part of the customer to conduct such
19 coordination shall not waive the requirement that the compactor is to be serviced by City
20 equipment. The City will bear no responsibility for modifying either the compactor, or its
21 equipment to offer the necessary service. This type receptacle can be associated with
22 commercial, mobile home parks, or institutional type of customers.
23 (5) "Roll-out garbage carts" are specialized garbage carts provided exclusively by the
24 ity as a part of the residential garbage collection service. The carts are of a design that would
25 llow the City to mechanically collect the garbage, or to automate the garbage collection
26 rocess.
27 (6) "Roll-off containers" are various sized metal containers specially designed for the
28 I ollection of noncombustible trash, construction, demolition, cleaning, renovation, industrial~
29 r garbage wastes;-normally associated with construction projects or special events. The
30 ontainers are provided by the City upon request and qualification of the customer, and shall
31 e serviced by the City exclusively on an as needed basis.
32 Dispose means to deliver to approved landfill or transfer station or other approved disposal
33 ethod.
34 Director of Public Works means the Director of Public Works and/or the duly authorized
35 gent.
36 Recycling means any process by which solid waste, or materials which would otherwise
37 ecome solid waste, are collected, separated, or processed and reused or returned to use in the
38 orm of raw materials or products.
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1 II ! Refuse shall mean any or all of the following: garbage, combustible trash, noncombustible
2 ' trash, vegetative trash, contaminated yard trash, bulk trash, construction and demolition
3 material, hazardous, industrial waste, infectious waste, and recycling material. Such items are
4 hereby further defined as follows:
5 (1) "Garbage:" Every accumulation of animal, fruit, or vegetable matter that attends the
6 preparation, use, cooking and dealing in or storage of meats, fish, fowl, fruit or vegetables,
7 and any other matter, of any nature which is subject to decay, putrefaction and generation of
8 noxious or offensive gases or odors, or which, during or after decay may serve as a breeding
9 or feeding material for flies or other germ carrying insects; and any bottles, cans or other
10 containers, except recyclable containers, which due to their ability to retain water, may serve
11 as a breeding place for mosquitoes or other insects. Garbage shall not include human solid
12 waste. Garbage is collected from each residential unit in the City twice a week, and from each
13 commercial establishment as requested by the customer or as required by the Director of
14 Public Works when public safety or appearance is jeopardized.
15 (2) "Combustible trash:" "^~ccumulations of paper, rags or wooden or paper boxes,
16 sweepings, small appliances, furniture, toys, and other accumulations of a natlH'C other than
17 garbage '.vhich are usual to housekeeping and the operation of stores, offices, and other
18 business places up to an accumulation of one (1) cubic yard. "^~ccumu1utions of greater than
19 one (1) cubic yard of this material ,-"ill be considered as bulk trash. Combustible trash shall
20 be collected on scheduled pickup days once a w'eek at all residential units throughout the City.
21 (3) "Noncombustible trash:" Materials that are not burnable at ordinary incineration
22 emperatures, such as metals, mineral matter, metal furniture and auto bodies and parts, dirt,
23 ricks, paving and other types of building or demolition materials. The City shall not collect
24 on-combustible trash on a scheduled, routine basis.
25 (4) "Yard trash:" Shall mean vegetative matter resulting from gardening, including
26 ccumulation of lawn, grass, shrubbery cuttings, dry leaf rakings, palm fronds, small tree
27 ranches not to exceed four (4) inches in diameter or four (4) feet in length. Accumulations
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30 . Yard trash shall be collected on scheduled pickup days once a week at all residential
31 nits throughout the City. All yard trash generated by privately contracted yard services shall
32 e considered as commercial material and shall be disposed of by the private contractor
33 esponsible for generation of the material.
34 (5) "Contaminated yard waste:" Shall mean any yard and garden waste pile containing
35 aterial other than containerized grass or leaves, shrubbery cuttings, or vegetative matter of
36 y type incidental to the care of residential lawns and gardens, including limbs and branches
37 ess than four (4) inches in diameter or four (4) feet in length.
38 (6) "Bulk trash:" Shall mean large objects and items, however not necessarily limited to
39 he following: washers, dryers, furniture (including mattresses and springs), rugs, cabinets,
40 I ooden boxes, and other types of household items,,- of size and volume less than two (2)
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I cubic yards. Bulk trash shall also include owner generated construction debris less than one
2 (1) cubic yard. "'\lso included shall be trees, tree stumps, afl:d tree limbs less than folH' (1)
3 inches in diameter and less than four (1) feet in length except for palm fronds, and the
4 accumulation of such yard '.Yaste type material in excess of two (2) cubic yards.
5 (7) "Construction and demolition material:" Commonly referred to as C&D debris, shall
6 be any byproduct material from either the construction or demolition or remodeling, or repair
7 of any type building, structure, or roadway, or driveway materials. Material would commonly
8 l contain, but not be limited to, sand,building materials, rubble, stone, brick, earthwork, paving
9 imaterials, concrete, blocks, wood, roofing materials erof all types, metal, piping, asphalt, ffi.ft,
10 Iffi€k.sfencing, cabinets7~- _HV AC ducting, heating and air conditioning equipment, plumbing
11 lfixtures and the like. This material will not be collected routinely by the City. The customer
12 ishould contact the Director of Public Works to schedule the removal, or arrange for a roll-off
13 icontainer to be provided but the City. The cost of this service will be in accordance with the
14 !type of materials and the cost of associated disposal.
15 (8) "Hazardous material:" Shall be any type material or product whose chemical or
16 Ibiological nature make it dangerous to the human health if disposed improperly, or that could
17 Icause harm to the environment. This includes any material which requires special handling
18 Idue to its acute or chronic effects on air and water quality, on fish, wildlife, or other biota and
19 ion the health and welfare of the public, including but not limited to explosives, pathological
20 Iwastes, radioactive materials, oil-based paints, thinners, fluorescent bulbs, auto fluids,
21 pesticides, flares, pool chemicals, sharps or needles, batteries, and acidic, caustic, toxic or
22 highly flammable chemicals. The City will not collect hazardous material on any regular
23 Solid Waste services. Arrangements for the special disposal shall he made by the customer for
24 he proper, safe, and legal disposal of hazardous material by calling the Solid Waste
25 uthority.
26 (9) "Infectious waste:" Is any type of waste material resulting from the operation of
27 edical clinics, hospitals, abattoirs, and other facilities producing waste which may consist of
28 uman and/or parts, contaminated bandages, pathological specimens, hypodermic needles,
29 ontaminated clothing and surgical gloves. The City will not routinely collect infectious
30 aste. Arrangements for special disposal shall be made privately by the customer for the
31 roper, safe, and legal disposal of infectious waste according to standards within the relevant
32 ndustry.
33 (10) "Recyclable materials:" Shall mean newspaper (including inserts), aluminum,
34 lastic containers, glass bottle and jars, milk and juice cartons, aseptic containers. corrugated
35 ardboard, brown paper bags, mixed paper, tin, and ferrous cans, household dry-cell batteries
36 no wet-cell batteries) and other type materials that have known recycling potential, can be
37 easibly recycled, and have been diverted and source separated or have been removed from
38 he solid waste stream for sale, use, or reuse as raw materials, whether or not the materials
39 equire materials would include items that are capable of being recycled and which would
40 therwise be processed or disposed of as solid waste. Recycled material shall be collected on
41 scheduled routine basis from each residential unit in the City.
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1 Residential dwelling unit means any structure or shelter, house, apartment building, or any
2 part thereof used or constructed for human habitation and shall include bath and culinary
3 accommodations for one or more families.
4 (1) "Single-family dwelling:" means a residential dwelling unit designed to contain only
5 one (1) family, or any residential dwelling unit, or any number of residential dwelling units
6 receiving Solid Waste service for each individual dwelling unit.
7 (2) "Multi-family dwelling:" means a residential dwelling unit designed to contain more
8 than one (1) family, and received containerized Solid Waste service.
9 Sanitation sS.upervisor. See Director of Public Works.
10 Spccial pickup shall be materials not collected routinely. Special pickups will be
11 coordinated with the resident and the Director of Public Works as to time, place, date and
12 items to be picked up. Items to be picked up will not be deposited at curbside more than
13 t'.venty four (21) hours prior to the scheduled special pickup. }Jl special pickups shall be at
14 additional cost to the resident. "^~n estimate of the cost of the special pickup should be
15 obtained by contacting the office of the Director of Public Works. Special pickups will be
16 made as soon as practicable upon acceptance of the cost estimate by the o'.vner. Move to
17 "Definitions"
18 Sec. 10-24. Single family residential -refuse collection.
19 (a) The City will collect noncontainerized residential refuse under the following
20 conditions:
21 (1) Garbage will be collected twice per week at curbside only from each single family
22 ~esidential unit in the City provided with roll-out garbage carts. The placement of household
23 ~arbage in a loose and uncontained manner on the roadside, swale or other locations adjacent
24 o the roadway with the expectation of collection shall be strictly prohibited. All material
25 'ntended for disposal with the roll-out garbage carts shall be placed inside the cart, and the lid
26 of the cart must be closed. All refuse cans and carts shall be aboveground, placed off the
27 street, but within three (3) feet of the curb or edge of pavement and shall be located a
28 minimum of three (3) feet from any obstruction that may interfere with routine collection.
29 Iv ard trash and combustible trash will not be collected with household garbage, but will be
30 bicked up once per week on a scheduled trash pickup day. Yard trash and combustible trash
31 rapable of being containerized should be placed in a standard garbage can, roll-out garbage
32 art, plastic bag, or disposable container. Collection of yard trash should be piled separately
33 rom all other trash at curbside. Any mixing of household garbage, combustible,
34 110ncombustible, or bulk trash with the yard trash shall be strictly prohibited. Placing of yard
35 rash or combustible trash in the paved area of the street or on vacant lots is prohibited.
36 Materials classified as hazardous material will not be collected by the City. Household
37 oarbage, trash or any type of other material intended for collection, shall not be set out prior to
38 ):00 P.M. of the day proceeding the scheduled pickup.
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1 (2) All garbage cans provided by the individual customer shall be subject to inspection
2 and approval by the Director of Public Works or designee at all times. A container not
3 approved by the Director of Public Works and which is set out for collection will have a
4 notice placed upon the container, handed to the owner or occupant, or left at his residence and
5 the occupant shall no longer use the container for collection.
6 I (3) Special waterproof disposable refuse bags or any other containers may be used for
7 vegetative materials. When such bags or any other containers are used, the responsibility for
8 protection of either the bag or the container and the contents shall rest with the individuals
9 occupying or residing on the property. Rupture of, or damage to the bag or container, from
10 any cause which results in the scattering of refuse prior to the arrival of City collection
11 personnel will obligate the user to reassemble all of the refuse in an undamaged bag or
12 container prior to pickup by the City.
13 I (4) Accumulations of yard trash shall be stacked in compact piles not to exceed two (2)
14 cubic )'ards in '/olume at curbside within the confines of residents' or owners' side property
15 lines. Deposits of yard trash shall not obstruct pedestrian or vehicular traffic. The City will not
16 collect yard trash produced from commercial tree trimming operations, landscape and lawn
17 maintenance operators. Tree trimmers, or privately employed tree trimmers, tree arborists,
18 landscape contractors and operators of tree and shrubbery maintenance services shall remove
19 all trash and debris from the premises upon which they are working, including but not limited
20 to limbs, tree trunks, roots, shrubbery clippings, and other debris emanating from their work.
21 Disposal of yard trash produced by commercial operations or those paid to conduct such
22 operations shall be strictly prohibited. No yard trash shall be placed on property owned or
23 occupied by others without permission.
24 (5) Refuse containers, cans, and carts shall not be kept or maintained upon or adjacent to
25 ny street, sidewalk, parkway, front yard, side yard or other place within the view of persons
26 sing the City's streets or sidewalks, except as provided herein. Protection of the containers
27 laced for collection is the responsibility of the resident.
28 (6) Curbside residential recycling service will be given to each residential dwelling unit
29 ith the City, once a week. The City shall provide each resident with two (2) recycling bins or
30 arts. One shall be used for the accumulation of plastic containers, glass, aluminum and other
31 llowable co-mingled materials. The other shall be used for newspaper, magazines, glossy
32 aper, office grade paper, and corrugated cardboard. The bins shall be set out on the
33 esignated collection day.
34 (7) The responsibility for proper placement and preparation of solid waste materials for
35 ollection shall be that of the resident of the dwelling unit. It shall be unlawful for any person,
36 pon vacating or moving from any dwelling, storeroom, or any other building in the City, to
37 ail to remove all garbage, rubbish, and debris from such building and premises, and grounds
38 ppurtenant thereto, or to fail to place said waste in an approved sanitary container for
39 isposal in accordance herewith. Failure of a renter, lessee, and/or tenant to comply with this
40 equirement shall obligate the property owner of record to fulfill the responsibility of
41 ompliance with this Article.
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1 (8) Hazardous wastes, infectious wastes, construction and demolition material, dead
2 animals and any other prohibited waste shall not be placed in garbage cans, bags. or any other
3 types of containers or placed loose on the ground with the expectation of having the material
4 collected by the City. These materials are not part of Single Family Residential Refuse
5 Collection Service. The resident and/or property owner should contact the Director of Public
6 Works in order to inquire as to the proper disposal method for such materials.
7 Sec. 10-25. Containerized commercial and residential collection.
8 (a) Regulations governing containerized service:
9 (1) Containerized refuse service shall be carried out by the City at commercial or
10 multifamily residential establishments in the promotion of improved sanitary conditions for
11 the prevention of health hazard. Containers are supplied by and shall remain the property of
12 the City. The landowner is responsible for the protection of containers placed to serve the
13 premises. The landowner shall be liable to the extent of the cost of repairs or replacement of
14 containers when damaged by fire, negligence, vandalism or other forms of abuse.
15 (2) Free dumping access to containers at all times shall be provided by the landowner.
16 All containers shall be located so that the collection vehicle driver can dump containers
17 without leaving the vehicle.
18 (3) Customers using garbage chutes or interior storage shall provide containers on
19 rollers which will be the responsibility of the owner or occupant for maintenance. The
20 landowner shall be responsible for placing (rolling) them to the proper position for emptying
21 and in time for emptying.
22 (4) The size or number of containers shall be determined by the volume of refuse to be
23 eposited and will be in direct relationship to the manner in which the user elects to utilize the
24 pace provided in said container or containers. Charges shall be assessed on the basis of cubic
25 ards of refuse removed from premises whether manually compacted or loose.
26 (5) At each multifamily site, located adjacent to the dumpsters, or a location approved
27 y the City, the City shall place a minimum of two (2) recycling carts. The carts are for the
28 urpose of collecting recycling materials. The landowner must allow space for the carts
29 djacent to the dumpsters, and properly accessible by the City trucks for servicing. The
30 esidents of the multifamily development shall be encouraged to conduct recycling. The carts
31 ill be serviced a minimum of once a week. The placement of materials, garbage, yard trash,
32 r any other material not approved in the definition of recyclable materials shall be strictly
33 rohibited. This service is provided as a part of the garbage collection fee.
34 (6) Commercial, institutional, and any other type activity requiring containerized
35 arbage collection, except for multifamily collection service, are encouraged to access the
36 arbage and trash stream, to determine the benefits of recycling. The City will provide
37 umpsters, designated for cardboard and paper recycling. The service will be provided for a
38 ee.
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1 Sec. 10-26. Roll-off services.
2 (a) Construction sites. All construction, renovation, remodeling, and repair sites,
3 requiring a permit from the City for work being conducted, shall be maintained in a clean and
4 sanitary condition at all times. Each construction site shall be provided with solid waste
5 containers adequate in size and sufficient in number to accommodate the accumulation of
6 solid waste during the interval between scheduled removals of solid waste from the project
7 site. The number and type of refuse containers shall be subject to the approval of the Public
8 Works Department. The owner of the property, or the contractor conducting the operations,
9 shall have the right to provide the material removal service with his own containers and
10 equipment. In all other cases, the owner or contractor shall be required to obtain such removal
11 services from the City. The Public Works Department shall determine exclusively whether
12 this service would require the use of roll-off containers, or the service could be adequately
13 provided by some other means.
14 (b) Stop work. During the construction of any site project the Building Official may at
15 his/her discretion, issue a written order to stop work on a construction project for failure to
16 maintain the construction site in a clean and sanitary condition, or for failing to adhere to the
17 requirement of this chapter.
18 (c) Final cleanup. Solid waste shall be removed from the construction, renovation,
19 remodeling, or repair site, and the area properly cleaned to the satisfaction of the Director of
20 Public Works within five (5) workdays following the completion and final inspections of the
21 work performed under a permit, and in all instances prior to the issuance of a certificate of
22 occupancy by the Building Department.
23 (d) Roll-off location. All roll-off containers shall be placed on the customer's property in
24 location accessible for service. Roll-offs may be placed in the public right-of-way only if a
25 ermit to do so is issued by the Engineering Department.
26 General regulations.
27 (a) Predetermination of refuse storage sites required. Prior to the issuance of a building
28 ermit by the City Building Department for the renovation, modification or erection of a new
29 tructure, provisions must be made for the storage and handling of refuse. Such arrangements
30 hall provide free access to containers by mechanized equipment at all times. Acting jointly,
31 he Public Works Department and the City Building Department and the builder-owner-
32 ccupant, as applicable, shall mutually arrive at a satisfactory arrangement to meet collection
33 equirements.
34 (b) Refuse from containerized residential units will be collected twice a week or as
35 ecessary. Such frequency of service shall be determined exclusively by the Director of
36 ublic Works to ensure public safety, health, cleanliness and appearance. In the case of the
37 ommercial establishment, the customer will be billed for the amount of service required to
38 eet the solid waste standards.
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1 (c) Duty to record and bill users of City system. The Director of Public Works shall
2 cause to be kept, an accurate record of all persons using the services and facilities of the said
3 municipal refuse collection and disposal system and make charges in accordance with the
4 rates and charges herein established. The City may choose to not provide solid waste services
5 because of non-payment.
6 (d) [Unlawful deposits.} It shall be unlawful for any person to deposit on, or bury in, or
7 cause to be deposited on or buried in, upon any land, vacant or unoccupied premises in the
8 City or upon any occupied property public square, or upon any street, alley, park, parkway, or
9 in any canal, waterway, bridge, easement, or other public passageway, or right-of-way, or any
10 storm drain, rock pit and sand pit, pool or lake within the City any noxious, filthy, malodorous
11 or offensive liquid or solid materials, garbage, refuse, or rubbish anywhere within the limits of
12 the City in any vessel or receptacle other than in an approved refuse container which is
13 collected regularly. Nothing in this provision shall prohibit private, backyard, nuisance-free
14 composting practices for home gardening purposes. No person shall burn or cause to be
15 burned any refuse or waste anywhere within the City limits, except as otherwise provided by
16 law.
17 (e) Mulch or compost piles permitted Horticultural trash and refuse containing no
18 combustible matter, or which will not, during decay, give off offensive odors, may be
19 accumulated by the owner as a mulch or compost pile in the rear of the residential premises
20 upon which the material is accumulated. Bringing material from offsite onto the property for
21 the sake of compo sting will be prohibited. Composting for commercial purpose, or
22 compo sting to develop a marketable product shall be prohibited except for those cases
23 allowed by commercial enterprise, and properly licensed to conduct such operations.
24 (f) Ownership of collection refuse and waste.
25 (1) Ownership of refuse and waste material shall be vested in the City at the time of
26 ollection.
27 (2) It shall be unlawful for any person, not authorized to do so, to open, remove, untie,
28 r to interfere with the orderly and legitimate collection of any refuse containers placed for
29 ollection and disposal. It shall be unlawful for any person to scavenge any solid waste
30 ithin the City.
31 (3) Recycling material to be collected, such as newspaper, newspaper/grade papers,
32 nd/or other materials, shall become the property of the City from the time of placement at the
33 urb by the customer, and it shall be a violation of this Article for any person, firm,
34 orporation, or partnership other than the City, to tamper with or to take or remove, or to
35 onvert to its own use in any way, such material. Each such collection in violation hereof
36 rom one (1) or more residences or businesses during such period shall constitute a separate
37 nd distinct offense.
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1 (g) Dead animals. It shall be unlawful to place any dead animal or parts thereof in any
2 solid waste container for collection; however, this section shall not apply to animal parts from
3 food preparation for human consumption.
4 (h) Incinerators. No private incineration units shall be erected or operated within the
5 City from the date of this Article except upon approval of the City Commission, and the
6 issuance of the proper permits and licenses from any and all regulating agencies.
7 (i) Landfills. It shall be unlawful for any person to create, use, own, or operate any
8 landfill or dump within the corporate limits of the City.
9 G) Littering. It shall be unlawful to place, or allow to be placed, any solid waste upon
10 the roads, streets, storm drains, canals, lakes, other bodies of water, of any public or private
11 property within the City except as provided herein.
12 (k) Non-interference. It shall be unlawful for any person to interfere with any employee
13 of the City while in the performance of their duties as authorized by this chapter.
14 Sec. 10-28. Reserved.
15 Sec. 10-29. Purpose of rates and charges.
16 The rates and charges herein set forth are imposed to provide revenue for the purpose of
17 paying the costs of the operation and maintenance of the refuse collection and disposal system
18 of the City and extensions thereof and replacements thereto and for any other lawful purpose
19 as so determined by the City Commission.
20 Sec. 10-30. Rates and charges for City service.
21 The rates and charges for refuse collection service provided by the City shall be as follows:
22 (a) Commercial containerized, excluding multifamily residential units:
23 (1) Monthly commercial charges shall consist of a total of the following three (3)
24 tems:
25 a. Container rental charge-A monthly flat fee to cover the cost of the container by
26 ize as follows:
27 2003/2004 Rates
28 2 cu. yd. container-$20.00 per month
29 3 cu yd. container- 25.00 per month
30 4 cu. yd. container- 30.00 per month
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1 6 cu. yd. container- 35.00 per month
2 8 cu. yd. container- 40.00 per month
3 The Public Works Director shall annually adjust these fees based upon changing purchase
4 prices of new containers.
5 b. Disposal charge-A fixed disposal charge as set and modified from time to time
6 by the Palm Beach County Solid Waste Authority. This price shall be passed on to the
7 customer directly.
8 c. Operating charge-A fixed charge per cubic yard to cover all other labor and
9 equipment hauling expenses and charges of the Solid Waste Department. The rate in 2004
10 will be fixed at three dollars ($3.00) per cubic yard and will be increased four percent (4%)
11 annually thereafter at the beginning of each fiscal year, or as otherwise provided by the City
12 Commission.
13 (2) Partial monthly service will be charged on a prorated basis, based on the rates in
14 subsection (1a.) above.
15 (3) Mechanical compressed or compactor refuse shall have the disposal rate
16 computed at a three-to-one (3: 1) ratio of the disposal rates set forth in subsection (1 b.) above.
17 Containers with compactors shall be furnished by the owner, therefore, no rental cost shall be
18 charged.
19 (b) Noncontainerized commercial service: Refuse picked up from residential type cans
20 at commercial establishments shall have their level of service negotiated by the Public Works
21 Department.
22 (c) RcsidcntialCollection rates (noncont-ail'lcrizcd):
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1 (d) Residential mtcs (centaincrized, mult!family):
2 (1) Eight dollars and fift), cents ($8.50) for fiscal year 2006/2007; nine dollars
3 ($9.00) for fiscal year 2007/2008; and nine dollars and fifty cents ($9.50) for fiscal year
4 2008/2009 per month for each family unit for apartments and condominiums that are served
5 by dumpster containers.
6 (2) Eight dollars and fifty cents ($8.50) for fiscal year 200612007; nine dollars
7 ($9.00) for fiscal year 2007/2008; and nine dollars and fifty cents ($9.50) for fiscal year
8 2008/2009 per trailer in trailer parks.
9 (e) Special pickup: Special pickups of items not normally handled by the weekly
10 garbage, trash or recycling pickup, '.vhether due to the type of waste or the volume of waste,
11 may be scheduled by contacting the Public ....v orks Department and the rate for such pickup
12 shall be established by the Director depending on the size and type of removal needed.
13 Residential Multi-Family
14 FY2007 -08 $12.25 $ 9.00
15 FY2008-09 $12.75 $ 9.50
16 FY2009-10 $13.25 $10.00
17 FY2010-11 $14.00 $10.75
18
19 (f4) Rate schedule extra pickup of dumpsters at multifamily locations: Three dollars
20 ($~.OO) per cubic yard.
21 (g~) Roll-off rates. Rates for roll-off dumpsters for construction and demolition debris
22 hall be established and modified from time to time by the Director of Public Works based
23 upon private markets conditions.
24 Sec. 10-31. Violations and enforcement.
25 It is hereby declared unlawful and a violation of this Article for any person to do or permit
26 o be done any of the following acts or practices:
27 (1) To deposit or place in or cause to be deposited or placed in a trash container any
28 materials other than those defined in this Article as refuse.
29 (2) To fail or neglect to keep or cause to be kept clean and sanitary, tightly covered and
30 n good state of repair, all refuse containers.
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1 (3) To use or supply garbage cans and refuse containers other than those defined and
2 provided for in this Article.
3 (4) To collect or permit to be collected by anyone, the garbage from any garbage
4 container other than by persons regularly employed by the City for that purpose unless
5 specifically authorized by the City Commission.
6 It shall be unlawful for any person to fail, neglect, or refuse to comply with and abide by
7 each provision of this Article. The performance on each day of any prohibited act or practice
8 shall constitute a separate offense, and shall be punishable as such.
9 Secs. 10-32-10-49. Reserved.
10 Section 3. Each and every other provision of Chapter 10, not herein specifically
11 amended shall remain in full force and effect as previously enacted.
12 Section 4. All ordinances or parts of ordinances in conflict herewith be and the
13 same are hereby repealed.
14 Section 5. Should any section or provision of this ordinance or portion hereof, any
15 aragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
16 uch decision shall not affect the remainder of this ordinance.
17 Section 6. Authority is hereby granted to codify said ordinance.
18 Section 7. This ordinance shall become effective immediately upon its passage
19 nd adoption.
20 FIRST READING this,;uM day of 1)t ~ ,2008.
21
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1 SECOND, FINAL READING AND PASSAGE this .sAd- day of
2 ~.< ,2008.
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18 Commissioner - Marlene Ross
19 ATTEST:
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27 (CORPORATE SEAL)
28
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