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O70-22 ORDINANCE NO. 70-22 AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH~ FLORIDA, RELATING TO GARBAGE AND REFUSE COLLECTION; FURTHER PROVIDING FOR REPEALING PROVISIONS, SAVINGS CLAUSE AUTHORITY TO CODIFY~ AND EFFECTIVE DATE AND FOR OTHER PURPOSES BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH ~ FLORIDA: Section 1: Short Title. This Ordinance shall be known and may be cited as the "REFUSE SERVICE ORDINANCE OF BOYNTON BEACH." Section 2: Def initions. For the purpose of this Ordinance the following terms, phrases words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense in- clude the future, words in the plural number include the singular num- ber~ and words in the singular number include the plural number. The word ?'shall" is always mandatory and not merely directory. ~f~ 'TCity" ~he City of Boynton Beach, Florida. ~' Conta iners" A. Non-containerized shall mean the use of a standard 30 Gal. garbage can constructed of light gauge steel~ galvanized metal or plastic with a tight fitting lid. B. Containerized shall mean a detachable metal container designed and intended to be mechanically dumped into a packer type garbage truck and varying in size from 2 cu. yds. to 8 cu. yds. adaptable to city equipment. C. Specialized refuse bag means an approved waterproof paper or plastic bag designed to receive the equiva- lent of 30 gals. of refuse. - 2 "Commercial" Commercial shall mean places of business including~ but not limited to~ hotels~ motels~ offices~ stores ~ and other locations which hold themselves out to the public as places of business or accomodations. "Dispose" Deliver to approved land fill area or other approved disposal method. "Res idential" Residential shall mean any structure or shelter oS any part thereof used or constructed as residence for one (1) family. "Refuse" A. "Garbage" Garbage is animal~ fruit and vegetable wastes resulting from the handling~ preparation~ cooking and consumption of food, commonly referred to as kitchen refuse. B. "Trash" (1) Household trash consisting of paper~ boxes, bottles ~ glass ~ cardboard, crockery and similar materials as ordinarily accumulate about residential or commercial property. (2) Horticultural trash is yard clippings~ leaves ~ hedge trimmings, grass, and yard trimmings. C. Horticultural refuse is the product of pruning~ resulting in refuse not suitable for standard containers but with stems not exceeding 4" in diameter or 4' (feet) in length~ except palm fronds. "Waste Materials" "Waste Materials" is hereby defined to mean and include 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, tree trunks~ larger than 4. inches in diameter and longer than 4 feet~ except palm fronds. - 3 - '~Direc~or of Refuse Service" The Director of Refuse Service shall mean and shall be the Director of Public Works and his duly authorized agents. Section 3: Collection by City Ail refuse accumulated in the City shall be collected, conveyed and disposed of by the City government or licensed commercial hauler. 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. A. Exception for actual producers, this Ordinance shall not prohibit the actual producers of refuse, or the owners of premises upon which refuse has accumulated, from personally collecting, conveying and disposing of such refuse, pro- vided such producers or owners comply with the provisions of this Ordinance and with all other governing laws and ordinances. Commercial tree trimmers, landscape and lawn maintenance operators shall dispose of all waste produced by their operation. Commercial haulers are authorized to pick up and dispose of all refuse except garbage, if ap- proved by the City. Section 4~: Collection Supervised by Refuse Director Ail garbage accumulated in the City shall be collected, con- ~eyed and disposed of by the City under the supervision of the Refuse Director. The Refuse Director shall have authority to make regulations concerning the days of collection, type and location of waste containers and such other matters pertaining to the collection, conveyance and dis- posal as he shall find necessary~ and to change and modify the same after notice as required by law, provided that such regulations are not con' to the provisions hereof. The City will not extend service where any refuse collecting or processing device is installed which produces bales, bundles or mass, not compatible with City owned equipment. Section 5: Predetermined Refuse Storage Site Prior to the issuance o£ a Building Permit by the City Building Dept. for the renovation or modification or the erection of a new struc- ture other than single family dwellings thereof~ provisions must be made £or the storage and handling of refuse. Such arrangement shall provide free access to containers by mechanized equipment at all times. Acting jointly the Public Works Dept., the City Building Dept. ~ and Builder- Owner-Occupant as applicable, shall mutually arrive at a satisfactory arrangement to meet these requirements. Section 6: The City will co~ect refuse under the following conditions: A. Household refuse and light horticultural trash will be collected 2 (two) times per week at curbside from residen- tial units. Containers to be within ST of traffic lane. Maximum total weight per full container shall not exceed 35 lbs. Ail containers to be above ground and shall be located a minimum of 5T 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. B. Refuse from commercial establishments will be collected daily or as necessary to meet sanitation standards. Refuse from containerized family units will be collected two (2) times per week as indicated in paragraph C. Any container that does not conform to the provisions of this Ordinance or that may have ragged om sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof, shall be promptly replaced upon notice. The Director o£ Refuse Service or authorized agent shall have the authority to refuse collection service £or failure to comply with any portions of this Ordinance. D. Ail residential refuse consisting of garbage, paper~ boxes, glass~ crockery, hedge clippings, grass clippings, and yard sweepings shall be placed in approved containers and de- posited at curbside for collection~ except in cases where the collection point has been established in an easement or alleyway. Said refuse shall be removed from collection point as of date of pickup. E. Special waterproof disposable refuse bags may be used. When such bags are used the responsibility for protection of bag and contents shall rest with the Occupant. Rupture of bag or damage from any cause resulting in the scattering of refuse will obligate the user to re-assemple all of the refuse and provide an undamaged bag or container prior to pickup by the City. F. Horticultural refuse too large for containers and consist- ing of tree branches~ palm fronds, and brnsh trimmings, etc. shall be cut in lengths not exceeding 4' and not more than 4'T in diameter. (Length limitation does not apply to palm fronds. ) Accumulations shall be stacked in compact piles at curbside within the confines of resident or owners property lines. Deposits of refuse shall not obstruct pedestrian or vehicular traffic. Any accumulation contain- ing more than 1 cubic yard or not meeting these requirement~ shall be considered as Special Pickup~ and the Owner shall be billed at a rate specified under Section 6, if collected by City forces. The City will not collect horticultural refuse produced from commercial tree trimming operations ~ landscape and !awn maintenance operators. G. Accumulation of waste material of any type shall not be permitted to remain in street right-of-way in excess of five (5) days. Section 7: Commercial 1. Containerized Refuse Service. Containerized refuse service shall be inaugurated by the City at any commercial or residential estab- lishment where practical or in the promotion of improved sanitary condi- tions or elimination of health hazard. Containers are and shall remain property of the City. The user is responsible for the protection of containers placed on or adjacent to his Premises. The user shall be hel¢ liable to the extent of the cost of repairs or replacement of containers when damaged by fire~ negligence ~ vandalism or other forms of abuse. 2. Free access to containers at all times shall be provided by user. Ail containers shall be located so that driver can dump con- tainer without leaving vehicle. Customers using garbage chutes shall provide additional containers for storage. City shall not provide roll- out service. 3. The size or number of containers shall be determined by the volume of refuse to be deposited and in direct relationship to the manne~ in which user elects to utilize the space provided in said container or containers ~ as charges shall be assessed on the basis of cubic yards of refuse removed from premises whether manually compacted or loose. A carton 3' x 5T x 3', not crushed shall be considered 1 cu. yd. Commercial - Containerized Excluding Family Units A. Single User. $1.00 per cubic yard. Charges to be based or container size and frequence of collection. B. Removal charges for mechanically compressed refuse shall be computed at 5 to !. (Containers £urnished by Owner. ) C. Two or more places of business using a single container shall be assessed charges in the amount of $!.00 per cu. yd. ~ and shall be charged on pro-rated basis according to level or service. Any joint user generating one cu. yd. ~ or less per month, shall be charged minimum fee of $4.00 monthly. Non-Containerized Commercial A. Refuse picked up from bins shall be charged at a rate of $3.00 per cu. yd., (non-compacted measure). Small busi- nesses ~ generating one cubic yard per month or less, $4.00 per month. B. Refuse picked up from residential type cans shall be charged at the rate o£ 6.5¢ per can or 2.1¢ per cu. yd. Level of service shall be negotiated by the Refuse Collec- tion Service Department. Minimum of $4.00 per month shall be charged for 1 can or $ cu. ft. picked up 2 times per week, and additional charge of 50¢ per month shall be made for each pickup in excess thereof. Res idential Rates A. $2.00 per montk for single family dwelling. B. $2.00 per month for each family unit duplex or triplex. C. $2.00 per month for each family unit for apartments and condominiums. D. $1.80 per month for each family unit for apartments and condominiums that can be served by High Volume Containers (Containerized). E. Trailer Parks - $2.00 per month per trailer. F. Special Pickup Charges - $15.00 minimum charge for curbside pickup of horticultural refuse not exceeding 8 cu. yards. $25.00 for amounts from 8 to 16 cu. yards. Responsibility of Occupant Furniture, appliances, toys, bicycles ~ cans, automotive waste ~ crates, etc. shall not be placed in street right-of-ways: but shall be disposed of by Occupant. Residents of the City will not be charged for disposal of said items at the City Dump. All persons delivering garbage, trash, refuse~ and debris to the City Dump shall be charged at the rate of $.40 per cubic yard, with a minimum charge of $.80 for each dumping~ except as provided for in this Ordinance. Persons using the City Dump as set out in this Section shall do so only after purchasing tickets for said purpose from the City. Se ction 8: Violations It is hereby declared unlawful and a violation of this Ordin- ance for any person, firm or corporation to do or permit to be done any of the following acts or practices: A. To deposit or place in om cause to be deposited or placed in a trash container any materials other than those defined in this Chapter as refuse. B. To fail or neglect to keep or cause to be kept clean and sanitary, tightly covered and in good state of repair, all re£use containers. C. To use or supply garbage cans and refuse containers other than those defined and provided for in this Chapter. 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. Section 9: Purpose of Rates and Charges The rates and charges hereinabove set forth are imposed to pmo- vide revenue for the purpose of paying the costs of the operation and maintenance of the re£use collection and disposal system of the City and extensions thereof and replacements thereto. Section !0: Construction, etc., Wastes Waste materials 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 product~ o£ 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. Section 11: Accurate Record to be Kept of Users of System The Refuse Director shall cause to be kept an accurate record of all persons~ firms or corporations using the services and facilities of the said Municipal Refuse Collection and Disposal System of the City and to make charges in accordance with the rates and charges herein es- tablished. Section 12: Penalties Any person violating any of the provisions of this Chapter, upon conviction therefor by the Municipal Court~ shall be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment for not exceeding thirty (30) days~ or in the discretion of the Municipal Judge, by both such fine and imprisonment. Section 13: Separability Each of the provisions of this Ordinance are separable, in- cluding word, clause, phrase or sentence, and if any portion hereof shall be declared invalid, the remaining portion shall not be affected but shall remain in full force and effect. Se ction 14-: Authority to Codify Specific authority is hereby granted to codify and incorporate this Ordinance in the CityTs existing Code. Section 15: Repealing Provis ions By enactment of this Ordinance, the provisions of Section 13-1~ paragraph (b) of Section 13-5: 13-8, t3-107 13-14, and Resolution 69-KK of the Codified Ordinances and Resolutions of the City of Boynton Beach, Florida, are hereby specifically repealed. Ail other Ordinances or parts of Ordinances in conflict herewith are also hereby repealed. Section 16: Effective Date This Ordinance shall become effective in the manner and at the time provided in the Charter and Ordinances of the City of Boynton Beach, Florida. FIRST reading this 3rd day of September, A. D. 1970. - !0 - A. D. !970. CITY OF BOYNTON BEACH, FLORIDA By: Mayom Vice Mayor Councilwoman ' 'bdncklman ATTEST: City Clerk CITY SEAL