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08-029 I ORDINANCE NO. 08 - 0 a. 9 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 10, "GARBAGE, 5 TRASH AND OFFENSIVE CONDITIONS," OF THE 6 CITY OF BOYNTON BEACH CODE OF ORDINANCES, 7 BY AMENDING SECTION 10-24 "SINGLE FAMILY 8 RESIDENTIAL REFUSE COLLECTION", TO PROVIDE 9 FOR LIMITATIONS ON THE PLACEMENT OF 10 REFUSE CONTAINERS IN PROXIMITY TO STREETS 11 AND SIDEWALKS WITHIN THE CITY; PROVIDING 12 FOR CONFLICTS, SEVERABILITY, CODIFICATION 13 AND AN EFFECTIVE DATE. 14 15 WHEREAS, the placement of refuse containers along rights-of-way within the City 16 creates adverse impacts with respect to community appearance; and 17 WHEREAS, placement of refuse containers along rights-of way can create safety 18 issues with respect to pedestrians, bicyclists, and automobiles; and 19 WHEREAS, the City Commission concurs with City staff s recommendation, and has 20 determined that it is in the best interest, safety and welfare of the residents and citizens of 21 Boynton Beach, that Chapter 10, "Garbage, Trash and Offensive Conditions" be amended to 22 limit the placement of refuse containers along all streets and sidewalks within the City, as set 7" forth below. ~-' 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. Each Whereas clause set forth above is true and correct and 27 incorporated herein by this reference. 28 Section 2. That Chapter 10, "Garbage, Trash and Offensive Conditions," Sec. 10- 29 24, "Single family residential refuse collection," of the Code of Ordinances of the City of 30 Boynton Beach, be, and the same is hereby amended by adding the words and figures in S:\CA\Ordinances\Section 10-24 Garbage Code Revision.doc I I underlined type, and by deleting the words and figures in struck-through type, as follows: 2 Sec. 10-24. Single family residential refuse collection. 3 (a) The City will collect noncontainerized residential refuse under the following 4 conditions: 5 (1) Garbage will be collected twice per week at curbside only from each single family 6 residential unit in the City provided with roll-out garbage carts. The placement of household 7 garbage in a loose and uncontained manner on the roadside, swale or other locations adjacent 8 to the roadway with the expectation of collection shall be strictly prohibited. All material 9 intended for disposal with the roll-out garbage carts shall be placed inside the cart, and the lid 10 of the cart must be closed. All refuse cans and carts shall be aboveground, placed off the II street, but within three (3) feet of the curb or edge of pavement and shall be located a 12 minimum of three (3) feet from any obstruction that may interfere with routine collection. 13 Yard trash and combustible trash will not be collected with household garbage, but will be 14 picked up once per week on a scheduled trash pickup day. Yard trash and combustible trash 15 capable of being containerized should be placed in a standard garbage can, roll-out garbage 16 cart, plastic bag, or disposable container. Collection of yard trash should be piled separately 17 from all other trash at curbside. Any mixing of household garbage, combustible, 18 noncombustible, or bulk trash with the yard trash shall be strictly prohibited. Placing of yard 19 trash or combustible trash in the paved area of the street or on vacant lots is prohibited. 20 Materials classified as hazardous material will not be collected by the City. Household 21 garbage, trash or any type of other material intended for collection, shall not be set out prior to 22 6:00 P.M. of the day proceeding the scheduled pickup. 23 (2) All garbage cans provided by the individual customer shall be subject to inspection 24 and approval by the Director of Public Works or designee at all times. A container not 25 approved by the Director of Public Works and which is set out for collection will have a 26 notice placed upon the container, handed to the owner or occupant, or left at his residence and 27 the occupant shall no longer use the container for collection. 28 (3) Special waterproof disposable refuse bags or any other containers may be used for 29 vegetative materials. When such bags or any other containers are used, the responsibility for 30 protection of either the bag or the container and the contents shall rest with the individuals 31 occupying or residing on the property. Rupture of, or damage to the bag or container, from any 32 cause which results in the scattering of refuse prior to the arrival of City collection personnel 33 will obligate the user to reassemble all of the refuse in an undamaged bag or container prior to 34 pickup by the City. 35 (4) Accumulations of yard trash shall be stacked in compact piles not to exceed two (2) 36 cubic yards in volume at curbside within the confines of residents' or owners' side property 37 lines. Deposits of yard trash shall not obstruct pedestrian or vehicular traffic. The City will not 38 collect yard trash produced from commercial tree trimming operations, landscape and lawn 39 maintenance operators. Tree trimmers, or privately employed tree trimmers, tree arborists, 40 landscape contractors and operators of tree and shrubbery maintenance services shall remove 41 all trash and debris from the premises upon which they are working, including but not limited S:\CA\Ordinances\Section 10-24 Garbage Code Revision.doc 2 1 to limbs, tree trunks, roots, shrubbery clippings, and other debris emanating from their work. 2 Disposal of yard trash produced by commercial operations or those paid to conduct such 3 operations shall be strictly prohibited. No yard trash shall be placed on property owned or 4 occupied by others without permission. 5 (5) Refuse containers, cans, and carts shall not be kept or maintained upon or adjacent to 6 any street, sidewalk, parkway, front yard, side yard or other place within the view of persons 7 using any the City's streets or sidewalks located within the City, except as provided herein. 8 Protection of the containers placed for collection is the responsibility of the resident. 9 (6) Curbside residential recycling service will be given to each residential dwelling unit 10 with the City, once a week. The City shall provide each resident with two (2) recycling bins or 11 carts. One shall be used for the accumulation of plastic containers, glass, aluminum and other 12 allowable co-mingled materials. The other shall be used for newspaper, magazines, glossy 13 paper, office grade paper, and corrugated cardboard. The bins shall be set out on the 14 designated collection day. 15 (7) The responsibility for proper placement and preparation of solid waste materials for 16 collection shall be that of the resident of the dwelling unit. It shall be unlawful for any person, 17 upon vacating or moving from any dwelling, storeroom, or any other building in the City, to 18 fail to remove all garbage, rubbish, and debris from such building and premises, and grounds 19 appurtenant thereto, or to fail to place said waste in an approved sanitary container for 20 disposal in accordance herewith. Failure of a renter, lessee, and/or tenant to comply with this 21 requirement shall obligate the property owner of record to fulfill the responsibility of 22 compliance with this Article. 23 (8) Hazardous wastes, infectious wastes, construction and demolition material, dead 24 animals and any other prohibited waste shall not be placed in garbage cans, bags. or any other 25 types of containers or placed loose on the ground with the expectation of having the material 26 collected by the City. These materials are not part of Single Family Residential Refuse 27 Collection Service. The resident and/or property owner should contact the Director of Public 28 Works in order to inquire as to the proper disposal method for such materials. 29 30 Section 3. Each and every other provision of Chapter 10, not herein specifically 31 amended shall remain in full force and effect as previously enacted. 32 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 33 same are hereby repealed. 34 Section 5. Should any section or provision of this ordinance or portion hereof, any 35 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, S:\CA \Ordinances\Section 10-24 Garbage Code Revision.doc 3 1 such decision shall not affect the remainder of this ordinance. 2 Section 6. Authority is hereby granted to codify said ordinance. 3 Section 7. This ordinance shall become effective upon adoption on Second 4 Reading. 5 FIRST READING this _ day of ,2008. 6 7 SECOND, FINAL READING AND PASSAGE this _ day of , 8 2008. 9 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 Mayor - Jerry Taylor 14 15 16 Vice Mayor - Jose Rodriguez 17 18 19 Commissioner - Ronald Weiland 20 21 22 Commissioner - Woodrow L. Hay 23 24 25 Commissioner - Marlene Ross 26 27 ATTEST: 28 29 30 31 32 Janet M. Prainito, CMC 33 City Clerk 34 35 36 (CORPORATE SEAL) 37 S:\CA \Ordinances\Section 10-24 Garbage Code Revision.doc 4 II I I such decision shall not affect the remainder of this ordinance. 2 Section 6. Authority is hereby granted to codify said ordinance. 3 Section 7. This ordinance shall become effective upon adoption on Second 4 Reading. 5 FIRST READING this 7 day of OCTOBER, 2008. ~I SECOND, FINAL READING AND PASSAGE this a I day of ()eT. , 8 2008. 9 10 CITY OF BOYNTON EACH, FLORIDA 11 , I' 12 13 /" 14 15 16 17 18 19 20 21 ^)1 ')1 --' -....' 24 25 26 27 ATTEST: 28 29 30 31 1') -'~ 33 34 35 36 37 S:\CA IOrdinances\Section 10-24 Garbage Code Revision.doc 4 I I EXhibit \/\ A II I I 1 ORDINANCE NO. 08 - 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 10, "GARBAGE, 5 TRASH AND OFFENSIVE CONDITIONS," OF THE 6 CITY OF BOYNTON BEACH CODE OF ORDINANCES, 7 BY AMENDING SECTION 10-24 "SINGLE FAMILY 8 RESIDENTIAL REFUSE COLLECTION", TO PROVIDE 9 FOR LIMITATIONS ON THE PAYMENT OF REFUSE 10 CONTAINERS IN PROXIMITY TO STREETS AND 11 SIDEWALKS WITHIN THE CITY; PROVIDING FOR 12 CONFLICTS, SEVERABILITY, CODIFICATION AND 13 AN EFFECTIVE DATE. 14 15 WHEREAS, the placement of refuse containers along rights-of-way within the City 16 creates adverse impacts with respect to community appearance; and 17 WHEREAS, placement of refuse containers along rights-of way can create safety 18 issues with respect to pedestrians, bicyclists, and automobiles; and 19 WHEREAS, the City Commission concurs with City staff's recommendation, and has 20 determined that it is in the best interest, safety and welfare of the residents and citizens of 21 Boynton Beach, that Chapter 10, "Garbage, Trash and Offensive Conditions" be amended to 22 limit the placement of refuse containers along all streets and sidewalks within the City, as set 23 forth below. 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. Each Whereas clause set forth above is true and correct and 27 incorporated herein by this reference. 28 Section 2. That Chapter 10, "Garbage, Trash and Offensive Conditions," Sec. 10- 29 24, "Single family residential refuse collection," of the Code of Ordinances of the City of 30 Boynton Beach, be, and the same is hereby amended by adding the words and figures in C:\Documents and Settings\BlasieS\Local Settings\Temporary Internet Files\OLKIF\Refuse Containers Revision (I) (2).doc 1 1 underlined type, and by deleting the words and figures in struck-through type, as follows: 2 Sec. 10-24. Single family residential refuse collection. 3 (a) The City will collect noncontainerized residential refuse under the following 4 conditions: 5 (1) Garbage will be collected twice per week at curbside only from each single family 6 residential unit in the City provided with roll-out garbage carts. The placement of household 7 garbage in a 100se and uncontained manner on the roadside, swale or other 10cations adjacent 8 to the roadway with the expectation of collection shall be strictly prohibited. All material 9 intended for disposal with the roll-out garbage carts shall be placed inside the cart, and the lid 10 of the cart must be closed. All refuse cans and carts shall be aboveground, pI aced off the 11 street, but within three (3) feet of the curb or edge of pavement and shall be 10cated a 12 minimum of three (3) feet from any obstruction that may interfere with routine collection. 13 Yard trash and combustible trash will not be collected with household garbage, but will be 14 picked up once per week on a scheduled trash pickup day. Yard trash and combustible trash 15 capable of being containerized should be placed in a standard garbage can, roll-out garbage 16 cart, plastic bag, or disposable container. Collection of yard trash should be piled separately 17 from all other trash at curbside. Any mixing of household garbage, combustible, 18 noncombustible, or bulk trash with the yard trash shall be strictly prohibited. Placing of yard 19 trash or combustible trash in the paved area of the street or on vacant 10ts is prohibited. 20 Materials classified as hazardous material will not be collected by the City. Household 21 garbage, trash or any type of other material intended for collection, shall not be set out prior to 22 6:00 P.M. of the day proceeding the scheduled pickup. 23 (2) All garbage cans provided by the individual customer shall be subject to inspection 24 and approval by the Director of Public Works or designee at all times. A container not 25 approved by the Director of Public Works and which is set out for collection will have a 26 notice placed upon the container, handed to the owner or occupant, or left at his residence and 27 the occupant shall no 10nger use the container for collection. 28 (3) Special waterproof disposable refuse bags or any other containers may be used for 29 vegetative materials. When such bags or any other containers are used, the responsibility for 30 protection of either the bag or the container and the contents shall rest with the individuals 31 occupying or residing on the property. Rupture of, or damage to the bag or container, from any 32 cause which results in the scattering of refuse prior to the arrival of City collection personnel 33 will obligate the user to reassemble all of the refuse in an undamaged bag or container prior to 34 pickup by the City. 35 (4) Accumulations of yard trash shall be stacked in compact piles not to exceed two (2) 36 cubic yards in volume at curbside within the confines of residents' or owners' side property 37 lines. Deposits of yard trash shall not obstruct pedestrian or vehicular traffic. The City will not 38 collect yard trash produced from commercial tree trimming operations, landscape and lawn 39 maintenance operators. Tree trimmers, or privately employed tree trimmers, tree arborists, 40 landscape contractors and operators of tree and shrubbery maintenance services shall remove 41 all trash and debris from the premises upon which they are working, including but not limited C:\Documents and Settings\BlasieS\Local Settings\Temporary Internet Files\OLK1 F\Refuse Containers Revision (1)(2).doc 2 1 to limbs, tree trunks, roots, shrubbery clippings, and other debris emanating from their work. 2 Disposal of yard trash produced by commercial operations or those paid to conduct such 3 operations shall be strictly prohibited. No yard trash shall be placed on property owned or 4 occupied by others without permission. 5 (5) Refuse containers, cans, and carts shall not be kept or maintained upon or adjacent to 6 any street, sidewalk, parkway, front yard, side yard or other place within the view of persons ....__..__.._....__... 7 I using ~str{:e~()rsi<le\Vlilk;.located \Vithil1Htl1t':C)ty, {::x.(:eptas pr()yi<l{:<ll1e:rc::in~)lr()te(:ti()l1of .< -- { Deleted: the City', J 8 the containers placed for collection is the responsibility of the resident. . ::: '-(Deleted:, .m............. ..............mJ 9 (6) Curbside residential recycling service will be given to each residential dwelling unit "1 Deleted: , 1 10 with the City, once a week. The City shall provide each resident with two (2) recycling bins or 11 carts. One shall be used for the accumulation of plastic containers, glass, aluminum and other 12 allowable co-mingled materials. The other shall be used for newspaper, magazines, glossy 13 paper, office grade paper, and corrugated cardboard. The bins shall be set out on the 14 designated collection day. 15 (7) The responsibility for proper placement and preparation of solid waste materials for 16 collection shall be that of the resident of the dwelling unit. It shall be unlawful for any person, 17 upon vacating or moving from any dwelling, storeroom, or any other building in the City, to 18 fail to remove all garbage, rubbish, and debris from such building and premises, and grounds 19 appurtenant thereto, or to fail to place said waste in an approved sanitary container for 20 disposal in accordance herewith. Failure of a renter, lessee, and/or tenant to comply with this 21 requirement shall obligate the property owner of record to fulfill the responsibility of 22 compliance with this Article. 23 (8) Hazardous wastes, infectious wastes, construction and demolition material, dead 24 animals and any other prohibited waste shall not be placed in garbage cans, bags. or any other 25 types of containers or placed 100se on the ground with the expectation of having the material 26 collected by the City. These materials are not part of Single Family Residential Refuse 27 Collection Service. The resident and/or property owner should contact the Director of Public 28 Works in order to inquire as to the proper disposal method for such materials. 29 30 Section 3. Each and every other provision of Chapter 10, not herein specifically 31 amended shall remain in full force and effect as previously enacted. 32 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 33 same are hereby repealed. 34 Section 5. Should any section or provision of this ordinance or portion hereof, any 35 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, C:\Documents and Settings\BlasieS\Local Settings\Temporary Internet Files\OLKIF\Refuse Containers Revision (1) (2).doc 3 I