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
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24
25
26
27 ATTEST:
28
29
30
31
1')
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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