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.
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"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.
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'~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.
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A. D. !970.
CITY OF BOYNTON BEACH, FLORIDA
By:
Mayom
Vice Mayor
Councilwoman
' 'bdncklman
ATTEST:
City Clerk
CITY SEAL