O82-29ORDINANCE NO. 82- ~ ~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA, REPEALING ARTICLE II,
"REFUSE, GARBAGE AND TRASH", OF CHAPTER 10,
"GARBAGE, TRASH AND OFFENSIVE CONDITIONS", AND
ENACTING A NEW ARTICLE II, "REFUSE, GARBAGE AND
" E
TRASH", OF CHAPTER 10, GARBAG , TRASH AND OFFEN-
SIVE CO~ITIONS"; PROVIDING DEFINITIONS; PROVIDING
FOR NEW FEE SCHEDULE; PROVIDING FOR A SAVINGS
CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT; PRO- ~
VIDING FOR AN EFFECTIVE DATE Ab/D FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
'.ITY OF BOYNTON BEACH, FLORIDA:
Section 1. That the Code of Ordinances of the City of
BoYnton Beach, Florida, be amended 'by 'repealing Article II, "Refus~
Garbage and Trash", of Chapter 10, "Gar'bage, Trash and Offensive
conditions" and enacting a New Article II, "Refuse, Garbage and
TraSh", of Chapter 10, "Garbage, Trash and Offensive Conditions"
to read as follows:
ARTICLE II. REFUSE, GARBAGE Ab/D TRASH
Sec. 10-22. City to Collect and Dispose of Garbage; Super-
vision; Regulatory AUthort~;:'~.
All garbage and some trash and horticultural refuse accumu-
lated in the City shall 'be collected, conveyed and disposed of 'by
the City under the supervision of the Public Works Director. The
Public Works Director shall have authority to make administrative
regulations concerning the days of collection, type and location
of waste containers and such other matters pertaining to the
collection, conveyance and disposal not otherwise set 'by the City
Council or the City Manager as he shall find necessary and to
change and modify the same after notice as required 'by law, pro-
vided that such regulations are not contrary to the provisions
hereof.
Sec. 10-23. Definitions
For the purpose of this Section, the following words and
terms are defined as follows-
A. ~Dmm~rcz~l' ~.~ places of business including, 'but
not limited to hotels, motels, restaurants, offices,
(l)
industries, stores and other locations which hold
themselves out to the public as places of 'business
or accomodations.
B. ,,Containers~or Receptacles~:
(1) "Non-containerized" means the use of a standard
thirty-three (33 gal.) gallon or less garbage
can constructed of light gauge steel, galvanized
metal or plastic with a tight fitting lid; such
receptacle to have two handles upon the sides
thereof or a suitable 'bale 'by which it may be
readily lifted for the purpose of easily empty-
ing into a sanitation vehicle.
(2) "Containerized" means a detachable metal con-
tainer provided 'kY the City designed and intend-
ed to be mechanically dumped into a packer type
sanitation vehicle and varying in size from two
cubic yards (2 cu. yds.) to eight cubic yards
(8 cu. yds.) adaptable to City equipment.
(3) "Containerized with Wheels" are containers
supplied by the occupants who choose to use
them inside buildings and roll them to the
designated outside location for pick up.
(4) "SDecialized Refuse Baq" means an approved
waterproof paper or plastic bag designed to
receive the equivalent of thirty-three (33 gal.)
gallons of refuse.
C. '~ispose" means to deliver to approved landfill or
transfer station or other approved disposal method.
D.
(1) "Garbage" shall be held and construed to mean
tin cans, glass, paper, 'bottles, cloth material~
and 'boxes usually coming from or being disposed
of by residents; commercial or business
esta'blishments; and kitchen accumulation of
(2)
animal, fruit or vegetable matter, liquid or
other that attends to the preparation, use,
cooking, dealing in or storing of meat, fish,
fowl, fruit or vegetables, and other waste that
may accumulate in the normal household, commer-
cial, or business esta~blishment and which, for
the purpose of disposal, ~Shall all be contained
in receptacles specifically provided for th-at
purpose. Garbage shall also include all packin¢
boxes and containers, provided that such boxes
and containers shall be broken down first.
Garbage shall not include human waste.
(2) "Trash" shall mea~ waste other than gar'bage or
putrescrible material and shall include flower
decorations, cuttings of grass and weeds and
branches and vines; provided such trash, includ-
ing branches, scru'bs and vines are placed in
containers or in piles no greater than three
feet by three feet 'by three feet (3' X 3' X 3')
or one cubic yard (1 cu. yd.). Loose trash not
able to be piled or tied shall be placed in
containers not over thirty-three (33 gal.)
gallons or specialized refuse bags. The word
"Trash" as used herein does not include wood,
earth, trees, tree trunks or limbs over four
(4") inches in diameter or four (4') feet in
length; wall paper, roofing material, plaster,
concrete, or other substances that may accumu-
late as a result of repairs to land or building:
as a result of initial clearing of lots, or as a
result of building operations or renovation or
remodeling.
(3) " ' "
~ortlcultural Refuse means the products of
prunning, resulting in refuse not suitable for
standard containers, 'but with stems or branches
(3)
not exceeding four (4") inches in diameter or
four (4') feet in length, except palm fronds.
Branches and tree trimmings will be neatly piled
within five (5') feet of the curbside for easy
accessible pick up by the Sanitation Department
personnel and vehicles. Piles of "Horticultural
Refuse" will be limited to one cubic yard (1 cu.
yd.) or three feet by three feet 'by three feet
(3'X 3'X 3') twice per week, which will be
picked up during the twice weekly sanitation
service.
(4) "Special Pick Up Material" is material other
than normal refuse which requires scheduling
a "Special Pick Up". Boxes and similar materia2
that results from a household move such as large
pieces of furniture, white goods and large
accumulation of yard trimmings that periodically
result from yard work that is not the product of
the work of a contractor are included..'.
"Residential" means any structure or shelter or any
part thereof used or constructed as a residence for
one or more families.
"Sanitation Supervisor" means the Director of Public
Works and his duly authorized agents.
"Special Pick Up" is a collection resulting from a
call from residents to the Public Works Department
to arrange a "Special Pick Up"_for items not collects
weekly. Such pick ups include the following items:
washers, dryers, furniture (including mattress and
springs), rugs and other household items. "Horticul-
tural Refuse" larger than one cubic yard (1 cu. yd.)
will also have to be arranged by the resident with
the Public Works Department. "Special Pick Ups" will
be coordinated with the resident and the Sanitation
Supervisor as to time, place, date and items to 'be
(4)
picked up. Items to'be picked up will not be deposit
ed at curbside prior to approval of the Sanitation
Supervisor.
G. "Waste Materials" means and includes sand, wood,
stone, brick, cement, concrete, construction 'blocks,
roofing and other refuse building materials usually
left over from a construction or remodeling project
also trees, tree stumps, tree limbs larger than four
(4") inches in diameter and longer than four (4')
feet in length, except palm fronds.
Sec. 10-24. Residential - Non-Containerized
A. The occupant of each household in the City is hereby
required to provide refuse containers of sufficient
capacity to hold four (4) days' accumulation of
garbage and loose trash from each household.
B. The City will collect non-containerized residential
refuse under the following conditions:
(1) Garbage, trash and horticultural refuse will be
collected twice per week at curbside from
residential units. Containers, as needed, must
be within five (5') feet of cur'bside. Maximum
total weight per full container shall not excee(
thirty-five (35 lbs.) pounds. All containers
shall be above ground 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.
(2) All garbage cans shall be subject to inspection
and approval by t he Public Works Director or
his designate at all times. A container.~not
approved by the Public Works Director and which
is set out for collection will have a notice
placed upon the container, handed to the owner
(5)
or occupant, or left at his residence and the
occupant shall no longer use the container for
collection.
It shall be unlawful for any person to place, i
such unapproved container, any garbage or other
material and the owner or occupant of said prem-
ises shall provide a new container to take the
place of the unapproved can.
(3) All residential refuse, as defined in Paragraph
D above and consisting of garbage, paper, boxes
glass, crockery, hedge clippings, grass cli
and yard sweepings shall be placed in approved
containers and deposited at cur'bside for collec.
tion. No loose material shall be set out for
collection.
(4) Special waterproof disposable refuse ~a~s or an
other containers may 'be used. When such bags o
any other containers are used, the responsibi]
for protection of either the bag or the containe
and the contents shall rest with the property
occupants. Rupture of or damage to the bag or
container from any cause resulting in the
scattering of refuse prior to the arrival of
collection personnel will obligate the user to
reassemble all of the refuse and provide an
undamaged bag or container prior to pick up, by
the City.
(5) Horticultural refuse too large for containers
and consisting of tree branches, palm fronds,
brush, t~immings, etc., shall be cut in lengths
not exceeding four (4') feet and not more than
four (4") inches in diameter.
does not apply to palm fronds.)
(Length limita tiol
Accumulations
shall be stacked in compact piles at curbside
withiD the confines of residentD~ or owners' sid
(6)
(6)
(7)
:(..8)
property lines. Deposits of refuse shall not
obstruct pedestrian or vehicular traffic. The
City will not collect horticultural refuse pro-
duced from commercial tree trimming operations,
landscape and lawn maintenance operators. No
refuse shall 'be placed on property owned or
occupied by others without permission.
Accumulation of waste material of any type
not 'be permitted to remain in street right-of-
way in excess of four (4) days.
All wet garbage matter shall either be wrapped
in paper before being placed in refuse containe
or bundled so that leakage from container is
prevented. All garbage, after having been so
cared for shall be daily deposited in the con-
tainers herein required. Tin cans, bottles and
other containers shall first be drained of all
liquid. All refuse containers shall be kept
tightly covered at all times, except when it
becomes necessary to lift the cover fo~ the
purpose of depositing refuse in the container
or for the purpose of emptying such container
into a disposal vehicle.
No refuse container shall be kept or maintained
upon or adjacent to any street, sidewalk, park-
way, front yard, side yard or other place within
the ~iew of persons using the City's streets or
sidewalks, except that not earlier than 6:00 P.M
on the day preceeding that upon which refuse
collections are customarily made from such
premises, such containers shall be placed within
the required distance of the street for the
purpose of permitting the collection of refuse
therefrom, and which containers shall be permitt~
(7)
to remain in such places only for and during
the period of the day upon which such collectio
is made. Protection of the containers placed
for collection is the responsibility of the
resident.
(9) "Special Pick Up" shall be coordinated with the
resident and the Sanitation Supervisor as to
time, place, date, and items to be picked up.
Items to be picked up will not be deposited at
curbside prior to approval of the Sanitation
Supervisor.
Containerized Commercial and Residential
Collection
Regulations governing containerized service.
(1) Containerized refuse service shall be carried
out by the City at commercial or multi-family
residential establishments in the promotion of
improved sanitary conditions for the prevention
of health hazard. Containers are supplied by
and shall remain the property of the City. The
user is responsible for the protection of con-
tainers placed to serve his premises. The user
shall be lia~ble to the extent of the cost of
repairs or replacement of containers when
damaged by fire, negligence, vandalism or other
forms of a'buse.
(2) Free dumping access to:~containers at all times
shall be provided by the user. All containers
shall be located so that the collection vehicle
driver can dump containers without leaving the
vehicle.
Customers using gar~bage chutes or interior
storage shall provide containers on rollers
which will be the responsibility of the owner
or occupant for maintenance. The owner shall
Sec. 10-25.
(3)
(8)
be responsible for placing (rolling) them to
the proper position for emptying ~nd in time
emptying.
(4) The size or number of containers shall be deter-
mined by the volume of refuse to be deposited
and will be in direct relationship to the manne~
in which the user elects to utilize the space
provided in said container or containers. Cha~
shall be assessed on the basis of cubic yards o
refuse removed from premises whether manually
compacted or loose.
General Regulations
Predetermination of refuse storage sites required.
Prior to the issuance of a building permit by the
City Building Department for the renovation, modifi-
cation or erection of a new structure other than
single family dwellings, provisions must be made for
the storage and handling of refuse. Suck arran,
shall provide free access to containers ~by
equipment at all times. Acting jointly, the Public
Works Department and the City Building Department
and the builder-owner-occupant as applicable shall
mutually arrive at a satisfactory arrangement to
meet collection requirements.
Refuse from commercial establishments will 'be colle¢
ed daily or as necessary to meet sanitation sta
Refuse from containerized residential units will ~be
collected twice a week.
Duty to record and bill users of City system.
The Sanitation Supervisor shall cause to be kept, an
accurate record of all persons using the services
facilities of the ~said municipal~!~refuse collection
and disposal system and make charges in accordance
with the rates and charges herein established.
It shall be unlawful for any person to bury in the
(9)
Sec. 10-26.
A.
Ce
ground any refuse.
E. It shall be unlawful for any person to deposit refus~
upon any vacant or unoccupied premises in the City o~
upon any occupied property without the permission of
the owner or upon any street, alleys, parks, parkway~
or in any canal, waterway, rock pit, and sand pit,
pool or lake within the City.
F. Mulch or compost piles permitted.
Horticultural trash and refuse containing no combus-
tible matter, or which will not, during decay, give
off offensive odors, may 'be accumulated by the owner
as a mulch or compost pile in the rear of the
premises upon which accumulated
G. Who may collect and convey refuse.
All refuse accumulated in the City shall 'be collected
conveyed and disposed of by the City government or a
licensed commercial hauler approved by the City for
a specific type of collection at a specific location
No person shall collect, convey over any of the
streets or alleys of the City, or dispose of any
refuse accumulated in the City without a written
contract or permit approved by the City. However,
this Section shall not prohibit the actual producer
of refuse or the owner of premises upon which refuse
has accumulated from personally collecting, conveyin~
and disposing of such refuse, provided such producers
or owners comply with the provisions of this Section
and with all other governing laws and ordinances.
Commercial tree trimmers, landscape and lawn main-
tenance operators shall dispose of all waste produced
by their operation.
Disposal of construction or industrial wastes.
Waste material resulting from the construction,
alteration, repair or demolition of building or
(10)
structures or the cleaning of vacant lots must be
removed 'by the owner or person performing such work.
Waste products of packing houses, industrial plants
and similar businesses, and spent oils or greases
accumulated at garages, filling stations or similar
establishments must likewise be removed by the owner
or occupant of the premises.
Sec. 10-27. Violations.
A. It is here'by declared unlawful and ~±violation of th~
Section for any person to do or permit to be done an~
of the following acts or practices:
(1) To deposit or place in or cause ~ 'be deposited
or placed in a trash container any materials
other than those defined in this Section as
refuse.
(2) To fail or neglect to keep or cause to be kept
clean and sanitary, tightly covered and in good
~J state or repai~, all refuse containers.
(3) To use or supply garbage cans and refuse con-
tainers other than those defined and provided
for in this Section.
(4) To collect or permit to 'be collected by anyone
the garbage from any garbage container other
than 'by persons regularly employed by the City
for that purpose unless specifically authorized
by the City Council.
Sec. 10-28. Purpose of Rates and Charges.
The rates, and charges herein set forth are imposed to
provide revenue for the purpose of paying the costs of
the operation and maintenance of the refuse collection
and disposal system of the City and extensions thereof
and replacements thereto.
Sec. 10-29. Rates and Charges for City Service.
The following rates and charges shall be made for refuse
collection service provided by the City.
(11)
ne
Commercial Containerized, excluding Residential Unit~:
(1) Monthly commercial charges shall consist of a
total of the following five items:
(a) Container rental charge - A monthly charge
to cover the actual cost of the container
(amortized over five (5) years) as annu
calculated and certified by the City Counc
The certified container rental charge,
effective on Oc%ober 1, 1982,
will be as follows:
2 cubic yard container - $3.82 per month.
cubic yard container -
cubic yard container -
cubic yard container -
cubic yard container -
5.36 per month.
5.73 per month.
7.87 per month.
8.58 per mo~th.
(b) Disposal charge~ .... A fixed charge per cu'bi~
yard as charged by the County for disposal
of waste at the landfill as annually calcu
lated and certified by the City Council.
The amount certified as the disposal charg~
on October 1, 1982~
will be twenty-five cents ($0.25) per cubi~
yard per pick up (uncompacted).
(c) Operating charge - A fixed charge per pick
up to cover the operating cost less dispos~
cost.
The certified operating charge on
October t, 1982,
will be twelve dollars and fifty-eight
($12.58) per month per pick up.
(d) Capital equipment reserve charge - A fixed
charge per pick up to cover total capital
costs for vehicles as annually calculated
and certified by the City Council.
(12)
(2)
(3)
(4)
B. ~i Non-C~
(1)
(2)
The certified capital equipment reserve
charge on October 1, 1982,
will be three dollars and sixty-five ($3.6~
per month per pick up.
(~).i Overhead charge - The overhead charge will
'be as annually calculated and certified by
the City Council.
The overhead charge on October 1, 1982,
will be one dollar and nine cents ($1.09)
per cubic yard per pick up.
Partial monthly service will be charged on a
pro-rated basis, as appropriate, based on the
guidelines in (1)above.
Removal charges for mechanically compressed
refuse shall be computed at three-to-one (3:1)
(containers furnished by owners).
wo (2) or more places of
using a single container shall share equally
charges for the container per pick up as outli
in (1) above. Any joint use generating two (2)
cubic yards or less per month shall be charged
minimum of forty dollars ($40.00) per month
to be shared equally.
)ntainerized Commercial Service:
kefuse picked up from bins shall be charged at
~wenty dollars ($20.00) per cubic yard (non-
~ompacted measure).
~malt businesses generating one cubic yard a
~onth or less shall be charged at the rate of
twenty dollars ($20.00) per month.
Refuse picked up from residential type cans at
commercial establishments shall have their level
of service negotiated 'by the Public Works
Department with an opportunity to appeal the
rate to City Council.
(13)
Residential Rates (Non-containerized):
(1) Five dollars and ten cents ($5.10) per month
for single family dwellings.
(2) Five dollars and ten cents ($5.10) per month
for each family unit duplex or tri-plex.
(3) Five dollars and ten cents ($5.10) per month
for each family unit for apartments and condo-
miniums.
(4) Trailer parks, five doll~ars and ten cents
($5.10) per month per trailer.
D. Residential Rates (Containerized):
(1) Four dollars and seventy-five cents ($4.75)
per month for each family unit for apartments
and condominiums that are served by high volume
containers (containerized).
(2) Four dollars and seventy-five cents ($4.75)
per month per trailer in trailer parks.
E. Special Pick Up - Scheduled:
Special Pick Up will be scheduled 'by contacting the
Public Works Department.
Disposal of Construction, Industrial or Garage
Wastes.
Waste material resulting from the construction,
alteration, repair or demolitiOn of buildings or
structures or the cleaning of vacant lots must
be removed by the owner or person performing
such work. Waste products of packing houses,
industrial plants and similar businesses, and
spent oils or greases accumulated at garages,
filling stations or similar establishments mus%
likewise be removed by the owner or occupant of
the premises.
Violations.
It is hereby declared unlawful and a violation of this
article for any person to do or permit to be done any of
the following acts or practices: (14)
Sec. 10-30.
Sec. 10-31.
A. To deposit or place in or cause to 'be deposited or
placed in a trash container any materials other tha~
those defined in this Article as refuse.
B. To fail or neglect to keep or cause to be kept clean
tightly covered and in good state of
repair, all refuse containers.
~. To use or supply garbage cans and refuse containers
other than those defined and provided for in this
Article.
D. To collect or permit to be collected by anyone, the
garbage from any garbage container other than by
persons regularly employed 'by the City for that
purpose unless specifically authorized ~by the City
Council.
Section 2. That should any See~i6n or provision of this
Ordinance, or any portion thereof, be declared by a court of
competent jurisdiction to be invalid, such decision shall not
effect the remainder of this Ordinance.
Section 3. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Section 4. This Ordinance shall ~become effective
immediately upon its passage.
FIRST READING this ~ day of ~
SECOND, AND FINAL READING AND PASSAGE, this
1982.
198;
CITY OF BOYNTON BEACH, FLORIDA
yice Mayor ~.~
ATTEST:
Council Member