47-96 FAILED ON 2ND/FINAL READING - 11/5/96
ORDINANCE NO. 47-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELKAY BEACH,
FLORIDA, AMENDING ORDINANCE 33-96 ENACTING CHAFrER 51, "GARBAGE AND
TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 51.01, 'DEFINITIONS", TO ADD AND D~.T.~TE CERTAIN
DEFINITIONS; BY AMENDING SECTIONS 51.02, 'DUMPING ON PROPERTY OWNED
BY OTHERS PROHIBITED", 51.20, 'BUILDING MATERIALS", 51.21, "CO~CIAL
LANDSCAPE OR LAWN MAINTENANCE BUSINESS; RESPONSIBILITY FOR TRASH
COLLECHON", 51.22, "VEGETATIVE WASTE", 51.23, 'BUI2[ TRASH", 51.35,
"CONTAINERS REQUIRED FOR RESIDEKTIAL AND COMI%IERC~ SITES', 51.39,
"MAINTENANCE OF CONTAINERS", 51.40, 'PLACEMENT OF CONTAINERS AND
TRASH; PRECOLLECTION PRACTICES", 51.45, "CONSTRUCTION AND DEMOLITION
SITES", 51.71, 'PAYMENT AND BILLING", 51.72, "METHOD OF BrI.I.ING', 51.73,
'DELINQUENT PAYMENTS; LIEN" AND 51.75, 'PERSON BILLED FOR WATER SHALL
BE RESPONSIBLE FOR CHARGES" TO PROVIDE CLARIFICATION AND CORRECT
GRAMMATICAL ERRORS; BY AMENDING SECYION 51.18, "TYPES OF SERVICES
PROVIDED FOR PICKING LIP GARBAGE AND TRASH", TO PROVIDE CLARIFICATION
AND PROVIDING THAT THE SUBDMSION OF SPANISH W~-LS SHALL RECEIVE
REAR-DOOR/SIDE-DOOR SERVICE AND THE SUBDIVISION OF HIGHPO~ SHALL
RECEIVE CURBSIDE DISPOSABLE BAG SERVICE WITH CENTRAL~Y~D VEGETATIVE
AND BULK PICKUP; BY AMENDING SECTION 5!.37, 'USE OF O~ UNITS AND
CONTAINERS", TO PROVIDE FOR COLI.~-CrlON OF ROLLOFF COMPACTORS FOR
RESIDENTIAL UNITS; BY AMENDING SECTION 51.70, "REGULAR CHARGES
LEVIED", TO PROVIDE A RATE FOR HIGHPOINT SUBDIVISION; PROVIDING A
SAVING CLAUSE, A GENERAL REP~t.~ CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the residents of Spanish Wells wish to have Rear-Door/Side-Door Service
rather than Curbside pickup; and,
WHEREAS, the residents of Highpoint Subdivision wish to have curbside disposable bag
service with centralized vegetative and bulk pickup; and,
WHEREAS, the City Commission desires to clarify portions of the ordinance.
· NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLOR/DA, AS FOLLOWS:
Section 1. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.01, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
Section 51.01 DEFINITIONS.
To the extent the definitions contained herein conflict with similar definitions contained in any
federal, state or local law, the definition herein shall prevail
Biohazardous Waste: Shall mean any solid waste or liquid waste which may present a threat of
infection or disease to humans or may reasonably be suspected of harboring pathogenic
organisms. The term includes, but is not limited to, non-liquid human tissue and body paris;
1 ORD. NO. 47-96
FAILED ON 2ND/FINAL READING - 11/5/96
laboratory and veterinary waste which contain human-disease-causing agents; used disposable
sharps, human blood, and human blood products and body fluids; and other materials which in the
opinion of the Department of Health and Rehabilitative Services represent a significant risk of
infection to persons outside the generating facility.
Biologic. al Waste: Shall mean solid waste that cause or has the capability of causing disease or
infection and includes, but is not limited to, Biohazardous waste, diseased or dead animals, and
other waste capable of transmitting pathogens to humans or animals.
Bulk Trash: Shall mean any non-vegetative kern which cannot be containerized, bagged or
bundled; including, but not limited to, inoperative and discarded refrigerators, ranges, toilets,
washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar appliances, household
goods, furniture, large boxes, barrels and crates, and shall not be commingled with Vegetative
Waste or any other type of refuse.
CRv: The City of Dekay Beach, Flodcla, or the City's authorized agents or contractors.
City Mananer: Shall be the City Manager of the City of Delray Beach or his/her designee.
Collection: Shall mean the process whereby solid waste, garbage, trash, bulk trash, vegetative
waste or recyclable material is removed and transported to a Designated Facility.
Commercial Service: Shall herein refer to the service provided to business establishments,
churches, schools, apartments (for profit buildings containing over four (4) living units are
classified as commercial accounts), office buildings and other establishments. Service shall
include container rental, the rolling out and locking and unlocking of containers, opening and
closing doors and gates, exchanging containers, changing container locations, supplying locks and
locking mechanisms for containers, and other services to include painting and repairing required
for the proper maintenance of containers.
Commercial Trash: Shall mean any and all accumulations of paper, rags, excelsior or other
packing materials, wood, paper or cardboard boxes or containers, sweepings, and any other
accumulation not included under the definition of garbage, generated by the operation of stores,
office, z, and other business places. Commercial trash shall include furniture if properly
containerized. Commercial trash shall not include Special Waste.
Construction and Demolition Debris: Shall mean materials defined as such from time to time by
the Department and Chapter 17-7, F.A.C.
Contractor or Vendor: Browning-Ferris Industries of Florida, Inc.
Department: Shall mean the Florida Department of Environmental Protection.
Designated Facility: Shall mean a disposal processing, recovery, recycling or transfer facility
designated by the Solid Waste Authority or the City Manager.
2 ORD. NO. 47-96
Disposal Costs: Shall mean the "tipping fees" or landfdl costs charged to the Contractor by
others for disposal of the waste collected by the Contractor.
~: Shall mean all putrescible waste which generally includes but is not limited to kitchen
and table food waste, animal, vegetative, food or any organic waste that is attendant with or
results from the storage, preparation, cooking or handling of food materials whether attributed to
residential or commercial activities. Vegetative Waste shall not be commingled with Garbage in
the same collection. Garbage shall not include any material that falls within the definition of
Special Waste.
Garbalte Receotaele: Shall mean any commonly available fight gauge steel, plastic, or galvanized
receptacle of a non-absorbent material, closed at one end and open at the other, furnished with a
closely fired top or lid and handle(s). A receptacle also includes a heavy duty, securely tied,
plastic bag designed for use as a garbage receptacle. Any receptacle including waste materials
shall not exceed fifty (50) gallons in capacity or fn°cy (50) pounds in weight for owner's container
and thirty-two (32) gallons or ninety five (95) gallons for rollout containers.
Hazardous Waste: Shall mean solid waste as defined by the State of Florida Department of
Environmental Regulation as a hazardous waste in the State of Florida Administrative Code, or by
any future legislative action or by federal, state or local law.
Industrial Wastes: Shall mean any and all debris and waste products generated by
manufacturing, food processing (except in restaurants and homes), land clearing, and commercial
shrubbery or tree curings, budding construction or alteration (except residential do-it-yourself
projects) and public works type construction projects whether performed by a government unit or
by contract.
Litter: See Chapter 98 of the Code of Ordinances of the City of Delray Beach.
Loading and Unloading Area: Any loading or unloading space or area used by any moving
vehicle for the purpose of receiving, shipping, and transporting goods, wares, commodities, and
persons.
Loose Refuse: Any refuse, either garbage or household trash stored in and collected from any
type of container other than a mecharfical container or garbage can related to multiple family
dwellings or the designated facility. Refuse which is collected from the ground is considered
loose refuse.
Mechanical Container: Shall mean and include any detachable metal container designed or
intended to be mechanically dumped into a loader/packer type of garbage track used by the
Contractor and includes any motorized or electrical compactor often (10) yards capacity or less.
Mechanical containers may be constructed of plastic. Further, all mechanical containers must be
uniform in color, have closeable lids, and be free of any advertising or other information other
than a 8-1/2" x 11" sticker with the name, address, and telephone number of the Contractor.
Multiple Dwelling Units: Shall mean any building containing five (5) or more permanent living
3 ORD. NO. 47-96
units, not including motels and hotels.
Parkin~ Lots: Commercial and public lots designed for the parking of any vehicles with the
exception of residential parking.
Person: Any natural person, owner, agent, corporation, partnership, association, firm, receiver,
guardian, trustee, executor, administrator, fiduciary, occupant, lessee, tenant, or representative or
group of individuals or entities of any kind.
Premises: Lots, sidewalks, alleys, fights-of-way, grass strips, and curbs up to the edge of the
pavement of any public thoroughfare.
Private Prooertv: Property owned by any person as defined in this section, including, but not
limited to, yards, grounds, driveways, entrance or passage ways, parking areas, storage areas,
vacant land, or body of water.; ~-'~ :-~"~:~ ~:~
~ For the purpose of this chapter, "Private Property" owners are required to maintain
rights-of-way up to the edge of the pavement of any public thoroughfare.
Public Property: Any area that is used or held out to be used by the public, whether owned or
operated by a public interest, including, but not limited to, highways, streets, alleys, parks,
recreation areas, sidewalks, grass strips, medians, curbs, or rights-of-way up to the edge of the
pavement of any public thoroughfare or body of water.
Recyclable Materials: Shall mean newspapers (including inserts), magazines and catalogs,
aluminum, aluminum foil and pie plates, plastic containers, glass bottles and jars, corrugated
cardboard, brown paper bags, mixed paper, drink boxes, milk and juice cartons and other solid
waste materials added upon Agreement between the Solid Waste Authority and the Contractor,
when such materials have been either diverted from the remaining solid waste stream or removed
prior to their entry into the remaining solid waste stream.
Recvcline: Shall mean any process by which solid waste, or materials which otherwise become
solid waste, are collected, separated, or processed and reused or returned to use in the form of
raw materials or products.
RefuJe: Shah mean commercial trash, household trash and garbage or a combination of or
mixture of commercial trash, household trash and garbage, including paper, glass, metal and other
discarded matter, excluding Recyclable Materials.
Residential Do-It-Yourself Projects: Minor residential repairs done exclusively by the
homeowner ~':--~'
Residential Service: Shall herein refer to the refuse, recycling and vegetative waste collection
service provided to persons occupying residential dwelling units within the City who are not
receiving commercial or multi-family services. This would include single family homes, duplexes,
triplexes, quadplexes and mobile homes.
4 ORD. NO. 47-96
Roll0ff Collection Service: Shall mean the collection of construction and demolition debris using
open top rolloff containers within temporary locations in the City, limited to new construction
sites. Rolloff collection service shah also mean the collection of horticultural or agricultural
wastes at horticultural or agricultural nurseries, but only when the customer chooses to use open
top roHoff' containers for horticultural or agricultural waste, and horticultural and agricultural
waste shall not include any other type of waste, including, but not limited to, Special Wastes,
Garbage or Recyclable Materials.
Roil-Out Carts: Carts that are either a 32 or 95 gallon (approximate) wheeled container of a
type approved by the City Manager or his designee, and shah be equipped with wheels;, and a lid
Sludee: Includes the accumulated solids, residues, and precipitates generated as a result of waste
treatment or processing, including wastewater treatment, water supply treatment, or operation of
an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease
traps, privies, or similar waste disposal appurtenances.
Special Waste: Shall mean solid wastes that require special handling and management, which are
not accepted at a landfill or other disposal facility or which are accepted at a landfill or other
disposal facility at higher rates than is charged for refuse, including, but not limited to, asbestos,
whole tires, used oil, lead-acid batteries, and Biohazardous wastes.
Trash: Shah mean ah refuse, accumuiation of paper, excelsior, rags, wooden or paper boxes and
containers, sweeping, broken toys, tools, utensils, and ah other accumulations of a similar nature
other than Garbage, which are usual to housekeeping and to the operation of stores, offices and
other business places, but shall not include Vegetative Waste.
Veeet~tive Waste: Shall mean any vegetative matter resulting from yard and landscaping
maintenance and shah include materials such as tree and shrub materials, grass clippings, palm
fronds, Christmas trees, tree branches and similar other matter usually produced as refuse in the
care of lawns, landsc and yard: ................
~, ........... ~ ~.: ,..~, ~.trb. Vegetative Waste does not include any form of matter or debris
resulting from tree removal, land clearing, land development, or waste generated by tree surgeons,
Section 2. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.02, "Dumping on Property Owned by Others Prohibited", of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
Section 51.02 DUMPING ON PROPERTY OWNED BY OTHERS PROHIRITED.
5 ORD. NO. 47-96
It shall be unlawful to dispose o__f or discard any garbage, trash, v. egetative waste, or fitter
on property owned or controlled by someone else.
Section 3. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.18, "Types of Services Provided for Picking up Garbage and Trash", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 51.18 TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE AND
TRASH.
(A) Roll out Can Service
(1) All single fa~ly homes, duplexes, triplexes, quadplexes and mobile homes
rz::'~zr, t:'~ ur2t: of the City shall have roll out cart curbside pickup, except for the areas listed in
sections (B) and (C). The customers in *b2: areas receiving cart service shall be required to use
roll out furnished by the City ~- -
(2) These roll-out carts shall be furnished by the City (or its' Contractor) and
shy u ..... .u~ .~.~_~..~, ^~..u~ .....A-~. .~ ..... ~Aa Ar c ......... rerflain the propen~ of the
City. If a roll-out cart becomes unsev~,iceable or is missing because of customer neglect, the City
(or its contractors) may repair or replace it, but repair or replacement does not constitute a waiver
by the City (or its contractors) to proceed against the negligent customer for reimbursement for
any replacement or repair. The City (or its' Contractor) shall supply only one roll-out cart ready
for use to each s~l~-dweHing receiving residential service "-:~.t
'!'~;*----.-v-~,t"A+- ~,,.'~-:-~..,,,,...a+u,..,.. .... ha:..,- ~,,,.,,....,,. ~/, however, additional roll-out carts may be rented to
the customer at a charge not to exceed $1.~0 per month. Any additional roll-out carts shall be
coflected by the City or its contractors at the same time as the first roll-out cart. and there shall be
no additional monthly service charge for that collection other than the charge for each additional
roll-out cart rental.
(3) All customers receiving roll-out cart service are required to use those roll-
out carts for all garbage and for whatever trash,...~.-'a ~,,.-~"~-,,-- .... ,,..,a yar~ ',.-ash that can be reasonably
contained therein. All roll-out cart service shah be collected on regular schedules and routes as
determined by the City or its' Contractor.
(4) All vegetative waste shall be placed adjacent to the pavement or traveled
way of the street, in containers or bundles less than 50 pounds each and with no dimension over
six feet each, and then shall be collected on one of the scheduled garbage collection days.
(5) The provisions and requirements set forth in this division notwithstanding,
for those customers who, by reason of disability and with on other able-bodied person residing in
the residence, certified by a doctor and approved by the City, are unable to place the roll-out cart
at the street, then collection shah be from roll-out carts located at access~le locations adjacent to
the house or structure.
6 ORD. NO. 47-96
(B) Rear-door/side-door service.
(1) For the residential area of the City located east of the Intracoastal
Waterway, Spanish Wells and Sherwood Park, garbage and trash shall be collected at least twice
each week on regular schedules and routes as determined by the City or its' Contractor fi.om the
rear, side, or fi.om of and adjacent to the served residences, and at locations reasonably accessible
to the City or its' Contractor.
(2) All vegetative waste and bulk trash shall be placed adjacent to the
pavement or traveled way of the street, in containers or bundles less than 50 pounds each and
with no dimension over six feet each, and then shall be collected on one of the scheduled garbage
collection days.
(C) Curbside, garbage and household trash in disposable containers.
(1) For the residential area of the City located at Imperial V'fllas and Country
Manor, the customer's garbage and trash shall be placed in disposable bags at locations adjacent
tO the street and shall be collected at least twice per week on regular schedules and routes as
determined by the City or its' Contractor fi.om the front of the served residence~; wb..:zk must be,
(2) All garbage and trash shall be placed in secured plastic bags or other
secured disposable container and no bag shah weigh more than 50 pounds.
(3) This service specifically excludes collection of vegetative waste and bulk
trash, and removal of that refuse shall be at additional charges as set by the City or its'
Contractor.
(D) Curbside. garbage and household trash in disposable containers with centralized
vegetative waste and bulk trash pickup.
(1) For the residential area of the City located at the Highpoint Subdivision-
the customer's garbage and household trash shall be placed in disposable bags at 10cation~
ad_iac.ent to the street and shall be collected at least twice per w~k on regular schedules and
routes as determined by the City or its' Contractor.
(2) All garbage and household trash shall be placed in secured plastic bags or
other secured disoosable container and no I~ag shall weigh more ,than 50 p0u~ds,
3~ All vegetative waste and bulk trash shall be placed in centralized location.~
ageed u_oon by the customer and the City or its' Contractor for coHection on one 0fthe scheduled
garbage collection days.
(E) Mechanical Container Service
7 ORD. NO. 47-96
(1) Multi-family dwelling units containing five or more units shall use
mechanical containers, except as otherwise approved by the City because of lack of suitable space
for a mechanical container or other good reason. In this case a mechanical container may also
include rolloff compactors or rolloff containers that exceed 10 yards capacity_.
(2) Business establishments, churches, schools, office buildings and other
establishments that receive commercial service may use mechanical containers or roll out carts.
O~)(F) Recycling program.
(1) Each residence of the City receiving residential service shall be provided
two recycling containers for the accumulation and collection of
rdu:r2nu.-n and c,~c,r recyclable materials.
(2) All condominiums and apartment complexes containing o~:~...~ -J ~-t~m~/five (5)..
or more dwelling units using mechanical containers shall be provided an adequate number of
recycling containers to collectaa~,,,~*--l--~l V~l'''''' ......... · "~'J ~,-,.,.~,~,01~1~1~ rec3~clable_ materials.
(3) The containers referred to in ~'.'-.5::'en part (1) shall be brought to curb-side~
and shall be collected at least once per week. For each residence or unit referred to in 'J2-dr:.zn
part (1) above, such collection shall be made on one of the regular refuse collection days. For
condominiums and apartment complexes referred to in d:.-dr:'zn part (2) above, collection shall be
made once per week.
(4) In the event the recycling containers contain unacceptable materials, the
materials will not be collected and an explanatory notice will be placed in the container.
(5) In the event that the recycling container, furnished either by the City or by
the Contractor, is lost, damaged, or stolen, the residence or condominium or apartment shall pay
the Contractor or City directly for replacement containers.
(6) Participation in the recycling program shall be mandatory.
Section 4. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.20; "Building Materials", of the Code of Ordinances of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
Section 51.20 BUILDING MATERIALS.
(A) Building materials originating prior to, during, or subsequent to the construction of
new buildings, alterations, or additions to existing buildings of whatsoever type; or fi.om
demolition of existing structures will not be collected. Removal of these building materials is the
responsibility of the contractor or installer.
(B) Building materials resulting fi.om minor homeowner repairs (residential do-it-
yourself projects) which meet the requirements for trash collection must be bundled, bagged, or
boxed and will be collected at curbside. Discarded lumber pieces must be no longer than four feet
8 ORD. NO. 47-96
without nails. Larger materials may be picked up by special request at an additional charge fi.om
the Contractor.
Section 5. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.21, "Commercial Landscape or Lawn Maintenance Business; Responsibility for Trash
Collection", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby mended to read as follows:
Section 51.21 COMMERCIAL LANDSCAPE OR LAWN MAINTENANCE BuSINESS~
RESPONSIBILITY FOR TRASH COLLECTION.
Persons engaged in either commercial landscape or lawn maintenance business shall be
responsible for hauling vegetative or other trash generated by their activities to the City's Transfer
StatiQn or other Solid Waste Authority_ authorized disposal site ar-ea.
Section 6. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.22, "Vegetative Waste", of the Code of Ordinances of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
Section 51.22 VEGETATIVE WASTE
(A) Vegetative waste shall be collected fi.om the residences at least one time per week
and shall be on the same day as one of the collection days for solid waste. Collection shall begin
no earlier than 6:00 a.m. and cease no later than 6:00 p.m.. Vegetative waste shall be placed
adjacent to the pavement or traveled way of the street. Residents shall bag or containerize all
grass clippings, leaves, pine needles, and similar small loose items whenever possible. Large
vegetative waste items must not be more than six (6) feet in length or ~ (50) pounds in weight,
and shall b pl atly * * .... ~'~
e aced ne at the curb. ~.~v ~ .......... : ..... .~ ,......~ ~ ..... ;,~,~ ~
~ In the event of a dispute between the Contractor and a customer as to what constitutes
vegetative waste, the situation will be reviewed and decided by the City Manager, whose decision
shall be final.
(B) At the request of the City or at the request of a resident, the Contractor shall
collect vegetative waste on a day other than the regular scheduled collection day at a cost to the
resident equal to $11.50 per cubic yard. The Contractor shall collect the entire cost of' this
additional special collection fi.om the resident in advance of this additional collection service.
Upon receipt of payment, the Contractor shall cause the additional collection to occur within
forty-eight (48) hours. Any dispute between the Contractor and the resident regarding the
amount of trash collected, the charge or liability of the resident for the additional collection
services shall be submitted to the City Manager for resolution. The decision of the City Manager
as to the amount of the charge shall be binding upon the Contractor and the resident.
Section 7. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.23, "Bulk Trash", of the Code of ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
9 ORD. NO. 47-96
Section $1.23 BULK TRASH
(A) Bulk trash shall be collected from residences within the City no more than once per
week. The bulk trash pickup day shall coincide with the first refuse collection day, which shall be
a Monday, Tuesday or Wednesday of each week.
(B) At the request of the City or at the request of a resident, the Contractor shall
collect Bulk Trash on a day other than the regular scheduled collection day at a cost to the
resident equal to $22.00 per cubic yard. The Contractor shall collect the entire cost of this
additional special collection from the resident in advance of this additional collection service.
However. if'the City requests the _oickup and the Contractor is unable to collect payment from the
resident, then the Contractor shah collect the bulk trash and the resident shah be billed by the City
for the extra charge. When payment is made to the City_ for the extra charge then that amount
shah be forwarded tO the Contractor. Upon receipt of payment by the resident, the Contractor
shall cause the additional collection to occur within forty-eight (48) hours. Any dispute bewveen
the Contractor and the resident regarding the amount of trash collected, the charge or liability of
the resident for the additional collection services shall be submitted to the City Manager for
resolution. The decision of the City Manager as to the amount of the charge shall be binding
upon the Contractor and the resident.
(C) Furniture and appliances shall not be placed at curbside except as herein stated.
Upon request, the City may collect normal household discarded furniture or appliances, including
but not limited to sofas, chairs, beds, refrigerators, washers, dryers, hot water heaters, and similar
items. Residents, including tenants or lessees requesting this service of the City will be given a
date when collection will occur. Items for collection shall be placed at curbside no earlier than
5:00 p.m. on the day preceding the scheduled collection.
(D) It shall be unlawful for any person to leave outside any building in a place
accessible to children any appliance, refrigerator, or container with a locking device unless the
door has been removed. This prohibition shall not apply to any appliance, refrigerator, or
container at a commercial establishment which has been placed on or adjacent to the rear of the
building and is crated, strapped or locked to an extent that it is impossible for a child to obtain
access to any airtight compartment thereof.
Section 8. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.35, "Containers Required for Residential and Commercial Sites", of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
Section 51.35 CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL
SITES.
Except as otherwise provided for herein~ or due to the type of garbage and trash service
designated by the City for the subject property, :.: :~??~ be ",,:2~,,v,,~'~ fc~r the owner of any real
property in or from which litter is accumulated or produced tc f~:~l~ tc must provide;, suitable
receptacles and containers. These containers must be kept in an accessible location for collection
10 ORD. NO. 47-96
holdin~ all waste materials which would ordinarily accumulate between the times of successive
collections. All containers and receptacles as required shall be of safe construction and design and
shall be maintained in good serviceable condition at all times. Any receptacles or containers
which do not conform to the provisions of this chapter, or which have ragged or sharp edges or
any other defects likely to hamper or injure the person collecting the contents thereof or the public
generally, shall be promptly replaced upon notice. The City Manager shall determine the quantity
and location of receptacles and determine whether the receptacles and containers are serviceable.
Section 9. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.37, 'Use of Other Units and Containers' of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
Section 51.37 USE OF OTHER UNITS AND CONTAINERS.
Customers who, upon the express and sole approval of the City, elect to use roll-off
containers or/stationary r011off compactor units of 10 yards capacity or more ',.nd ccmp~c:cr
eemaiaer-s or tike similar construction/bulk containers or/compactor equipment may be excluded
from regular collection by the City or its' Contractor, subject to the provisions of Sec. 51.16.
However, rolloff compactors or rolloff containers, regardiess of the ifize or capacity, that service
residential or multi-family Units for garbage and trash collection, shah be collected by the City or
its' Contractor.
Section 10. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.39, "Maintenance of Containers", of the Code of Ordinances of the City of Dekay Beach,
Florida, be, and the same is hereby amended to read as follows:
Section 51.39 MAINTENANCE OF CONTAINERS.
It shall be the responsibility of the users of garbage and yard ~',,~h and recycling containers
furnished by the City or the Contractor to clean and maintain those containers in a sanitary
condition.
Section 11. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.40, "Placement of Containers and Trash; Precollection Practices", of the Code of Ordinances
of the City of Dekay Beach, Florida, be, and the same is hereby amended to read as follows:
Section 51.40 PLACEMENT OF CONTAINERS AND TRASHi PRECOLLECTION
PRACTICES.
(A) Blockage of storm drains. It shall be unlawful for any person to place any refuse,
trash, refuse receptacles, or containers on, upon, or over any storm drain or so close thereto as to
be drawn by the elements into the storm drain.
03) Dangerous trash items. It shall be unlawful to place dangerous trash items and all
waste materials of injurious nature in containers unless they are securely wrapped so as to prevent
11 ORD. NO. 47-96
injury to the collection crews and others. Dangerous trash and waste materials shall include, but
shall not be limited to, broken glass, light bulbs, sharp pieces of metal, fluorescent tubes, and
television tubes.
(C) Hazardous waste. It shall be unlawful to place hazardous waste u:: in any
receptacle used for collection by the City. Some of the items listed in Part (B), if placed in a
receptacle used for collection by the City in large quantities, may be classified as hazardous waste.
(D) Garbage and trash. It shall be unlawful to place, in garbage receptacles, trash
which has not been drained of all liquids ;-
,,. ,~, v,,~ ..... v .......Any items of trash which are too
large for receptacles and cannot be reduced to a size which can be placed in a garbage receptacle
may be placed at curbside no earlier than 5:00 p.m. on the day preceding the collection date for
that material, provided those items are covered or secured so as to avoid unsightly litter
conditions. Any garbage receptacle may not be placed at curbside earlier than 5:00 p.m. on the
day preceding the collection day and must be removed by 7:00 p.m. on the day of collection.
(E) Liquid garbage. In order to prevent spillage, garbage which contains liquids must
be wrapped, bagged, or otherwise enclosed in plastic containers for collection.
(F) Mechanical containers.
(1) Placement of containers emptied by mechanical means shall be determined
by the City Manager. The following materials shall not be permitted to be placed in those
containers:
(a) Tires.
(b) Motor vehicle parts, including, but not limited to batteries.
(c) Carpet or padding larger than three feet by three feet.
(d) Metal pipe in excess of 1/2-inch by three feet.
(e) Construction or building materials.
(0 Wood in excess of one inch by two inches by three feet.
(2) It shall be unlawfifl for anyone to place or maintain materials or place any
vehicle under their control, whether temporarily or permanently, so as to block access to any
mechanical container.
(O) Refuse. It shall be unlawful for anyone to fail to place and maintain refuse in
containers as specified herein. All containers shall be kept covered at all times with tight-fitting
covers.
(tt) Vegetative waste. Vegetative waste shall be placed only near the edge of the
roadway adjacent to the property fi.om which it was generated. Vegetative waste for collection
12 ORD. NO. 47-96
shah be placed at the required location no earlier than 5:00 p.m. on the day preceding the
collection date.
(I) Recycling. Recycling containers shall be placed beside the curb adjacent to the
roadway no earlier than 5:00 p.m. on the day preceding the collection date for the material,
provided those items are covered or secured so as to avoid unsightly litter conditions. Any
container placed at curbside must be removed by 7:00 p.m. on the day of collection.
Section 12. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.45, "Construction and Demolition Sites", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
Section 51.45 CONSTRUCTION AND DEMOLITION SITES.
(-A-) It shall be unlawful for any construction or demolition contractor to fail to provide
onsite suitable receptacles, bulk containers, or detachable containers for loose debris, paper,
building material waste, scrap building material, and other trash produced by those working on
the site. All material shall be containerized by the end of each day, and the site shall be kept in a
reasonably clean and litter-flee condition. The number of receptacles, bulk containers, or
detachable containers shall be determined by the City Manager. Construction sites shall be kept
reasonably clean and orderly at all times.
$ection 13. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.70, "Regular Charges Levied", oft he Code of Ordinances oft he City of Delray Beach, Florida,
be, and the same is hereby amended to read as follows:
Section 51.70 REG~ CHARGES LEVIED.
The following service charges or fees are levied for collection service:
Charges for the below-described collection service shall be as follows and shall commence
when a certificate of occupancy is issued for any residential or commercial units, and shall
continue monthly thereafter unless service is discontinued in accordance with Sec. 51.73:
(A) Residential (8ing]e-g4m~i~ Service (Single Family Homes~ Duplexes, Triplexes~
Quadplexes and Mobile Homes)
13 ORD. NO. 47-96
Curbside Rollout Carts
Monthly Service Cost Per Unit
Garbage Collection 2.51
Recycling 1.40
Yard Trash 1.30
Bulk Trash 0.20
Total Fees -Contractor 5.41
Can Replacement 0.90
Administrative Fee 0.35
Franchise Fees (5%) 0.27
To~l Fees 6.93
Reardoor Owner Containera
Monthly Service Cost Per Unit
Garbage Collection 7.85
Recycling 1.40
Yard T~sh 1.30
Bulk Trash 0.20
Total Fees -Contractor 10.75
Administrative Fee 0.35
Franchise Fce (5%) 0.54
Total Fees 11.64
Curbside Disposable Bans aa
M0nthlv Service Cost Per Unit
Crafl~ge~rash Collection 1.55
Recycling 0.85
Total 1Fees -Contractor 2.40
Administmu've Fee 0.35
Franchise Fee (5%) 0.12
Total Fees 2.8?
Curbside Disposable Ba~s with Centralized Vegetative Waste and Bulk Trash Pickun
Monthly Service Cost Per Unit
Garbage Collection 1.55
Re~clinR 1.21
Yard Tr~h 1.30
Bulk Trash O.2O
14 ORD. NO. 47-96
Total Fees - Conlzactor 4.26
~dmini.qxative Fee 0.35
Franchise Fee (5%) 0.21
Total Fees 4.82
(B) ~ 0Vlulti-F~mily) Service
m~'--...~',,,2 :e,n:-:,..~:::. Multiple-family dwelling units containing five units or more shall use
containers emptied by mechanical means, except as otherwise approved by the City because of
lack of suitable spa~ for a mechanical container or other good reason. Multi-family monthly fees
shall ¢c::.w,L': include a container charge and a per unit charge. ~ the amount of refuse generated
requires more than two (2) times per week ¢ollec~on, then the third (3rd) and all subsequent
coile~ions shall be charged the commercial collection rate only.
Multi-Family Rates
Conta~er Monthly bJainten~nee Charje
C0llt~in~' Size ]V[onthl¥ ~ost Franchise Fee Total Contaiaer Fees
2 yd. 19.40 1.94 21.34
3 yd. 21.44 2.14 23.58
4 yd. 22.21 2.22 24.43
6 yd. 25.53 2.55 28.08
8 yd. 27.09 2.71 29.80
Collection & ltauling Rate Per Unit (Based on a Bi-Weekly Pickup)
Mon .tl~lv Service Monthly Cost Per Unit
Refu~ Collection 1.35
m~e~ 0.80
Total Per Unit Fees-Contractor 2.15
),dmininlvative Fee 0.35
Franchise Fee (10%) 0.22
Total Monthly Fees Per Unit 2.72
(C) Commercial
15 ORD. NO. 47-96
(1) Commercial customers shall use mechanical containers or roll OUt carts
...... :~ -~ .......· : ...... ~'~ Commercial customers shall include all customers other than
residential multi family Cu~tomer~ "' ...... ~'~ ~:-:'~'~ +
any of'the following containers for accumulation of refuse:
(a) ~ ...... :~ .A~: .......· : .... Roll Out Carts. The City shall
......... ,*, ..... roll Out ca~s to use
require any commercial customer needing more than six o~: ....... :
mechanical containers, if feasible.
(b) Mechanical containers.
(2) The owners/operators of commercial establishments and other commercial
customers shall accumulate such refuse in those locations mutually agreed upon by the
owner/operator and the City or its contractors, and which are convenient for collection by the
City or its contractors.
(3) Containers emptied by mechanical means shall be provided by the City or
ks contractors. These containers shall be emptied on a schedule mutually agreed upon by the
customer and the City or its contractors, but not less than one day a week nor more than six days
a week.
(4) eeding ~ix · 011
Commercial customers n or less ,u,_ ~:_ .Aa ....... : ....
out carts, and those approved for this type of service by the City in advance because they lack a
suitable location for a mechanical container, shall ~ be serviced at least once per week. All
garbage and commercial trash shall be collected from such refuse containers at locations agreed to
between the City or its contractors and the customer. The charge shall be based upon the
following schedule For ~'.'.¢h ~' ..... a ~'-~ ~-~ ....
Commercial Rates ('Monthly)
en er
Container Pickup Fre ~ Week'
t~i~.~i~5.'.'~'.'6~'.''~.~i~;~i~.~i~:~i~i~i Collection $ 8.76 S 17.50 S 26.26 S 35.02 S 43.76 S 52.52
~.gt~i:.~~.~g:.~:~:~:.~:~!.~..,.~: Disposal S 13.35 S 26.69 $ 40.04 $ 53.39 S 66.73 $ 80.08
~/::.~:':~.: ;:A ':t.' .'~ ..~'"' '~:"":::::::::~''
~.~.o .>~'.,~:~'.'.~:~.."'~..~ ....... ConMiner Maintenance Ice $ ] 9.40 $ ] 9.40 $19.40 $ ] 9.40 $19.40 $19.40
,::;:::::.::::'.:.' ~?.:.'..~' .: ...:::::.::::¥::::,.::::':::::;::,,
~...'.:~,~;',<-~i.~.g~ ~ Total - Conlraclor Fees $ 41.51 $ 63.59 $ 85.70 $107.81 $129.89 $152.00
~':-':.'~l~ii:~:~::.~.~::~::::.. Fnmehise Fees - 10% $ 4.15 $ 6.36 $ 8.57 $10.78 $12.99 $
~?.¥: :.'.:¥... ============================= ::::::~:
~.:.'~~:~.':.:~:<.:.:~:~.~.~ Torsi Fees S 45.66 $ 69.95 S 942.7 Sl 18.59 S142.88 S167.20
[.~.,.:::: ~:::.::;.,.~' ' ,,'%,.'~::-,~:::: ::::~::.~.:::
r.v.'.'.'.'.'.'.'.v.'t.'.'~' E?:':':~:'.' v.v.'.' ;.'.'.: ?.'
~';:-:~'~.~'~::";.il~:'~.~.~''.'~*~''''.'~'~ CoUcetion S 13.13 $ 26.26 $ 39.39 $ 52.52 S 65.65 $ 78.78
~t-.~::. ,'." :! ..... ~.:::::~:::.~!:~:~:i Disposal $ 20.02 $ 40.04 $ 60.06 $ 80.08 $100.10 S120.12
:':':?.?'-~ "'::::..-::~:::':':' -~.:!~:::::::::::-':::::::::::::.::
~g~~.~.~.:~::::~:~:::~.;: Container Maintenance fee $ 21,44 S 21.44 S 21.44 S 21,44 S 21.44 S 21.44
~i~...!~:~;~!.¥::...~!~ ~i~!~!~!~!~!~!~!~!~!~i~!~ii;!~!~~ Total - Contractor Fees ~ 54.59 $87.74 $120.89 $154.04 $187.19 $220.34
~.~ii?i."-".~:i~.::::i~.'.'~-".~ ::::::::::::::::::::::::::::::::: Fnmchisc Fees - 10% S 5.46 $ $,T7 $12.09 $ I~.40 $18.72 $ ~2.0~
~?~.;.:~:~.:~.:~,.-:~ ~.~.~,~.,,,:.~.~.: Total Fees S 60.05 S 96.51 S132.98 S169.44 $205.91 $242.37
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
~:~...i:~g~`:;~:~:!:~:.~;:.~.~`..*~::~::;...~:.x..`..:.~...:~:~:~:~:~:~:: Collection $17.50 $ 35.02 $ 52.52 $ 70.02 $ 87.54 $105.04
~!:!:!:!*..~....`.!:!:!~.~.2~...:!::.:~.`..:!:.::...:~:!:!:..`.:.:..:::...::...:~:!:!:~:..`.~:~:~!~:~:~!~! Disposal S 26.69 $ 53.39 $ 80.08 S106.77 S133.47 $160.16
16 ORD. NO. 47-96
~!:.:.,.:"~ ~ ......... ~ ....................... .:.:.. Dispo~ql $ 40.04 $ 80.08 $120.12 $160.16 $200.20 $240.24
95-Gallon Cart Service
Pick-uus per week Monthly Charge * Franchise Fee Total Fee (Month)
1 $ 26.1~ $ 2.62 $ 28.77
2 $ 50.87 $ 5.09 $ 55.96
3 $ 77.02 $7.70 $ 84.72
4 $102.46 $10.25 $112.71
5 $127.90 $12.79 $140.69
6 $152.63 $15.26 $167.89
· These rates include collection and container maintenance fees.
Note: The foregoing rates are based on $2,3.00 per ton ($1.54 per cubic yard), which is the anticipated
Solid Waste Authority tipping fee to be effective October 1, 1996.
(D) The charges set forth above for mechanical containers and roll out carts
....... :~ -~ .......+ : ..... ~'~- shall accrue and be payable on the total capacity of the
container whether or not it is full. Containers of the type and size designated by the City or
provided by the Citafs Contractor shall be used.
Section 14. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.T1, "Payment and Billing", of the Code of Ordinances of the City of Dekay Beach, Florida, be,
and the same is hereby amended to read as follows:
~E(~'TION 51.71 PAYMENT AND BILLING:
(A) Comoensafion: The City shall pay the Contractor compensation for the
performance of the Contract, the sums due as set forth in Section 51.70, subject to any conditions
or deductions as provided under the Contract. Contractor shall submit an invoice by the 10th of
each month for residential services rendered during the preceding month, and payments will be
made to the Contractor within 30 days upon receipt and verification of the invoice submitted.
Multi-family and commercial services will be billed directly by the Contractor in accordance with
the Schedule of Rates set forth in Section 51.70, subject to any conditions or deductions as
17 ORD. NO. 47-96
provided under this Agreement.
(B) Billing Procedures: Billing arrangements for the various service types are
summarized as follows:
Service Type Customer Billed By
Solid Waste Collection
Residential City
Commercial and Multi-Family Contractor
Vegetative Waste Collection
Residential City
Recyclable Materials Collection
Residential City
Commercial and Multi-Family Contractor
Container Rental/Purchase and Container Special Services
Residential City
Commercial and Multi-Family Contractor
On the first day of each month the Contract payment(s) for all services hereunder shall be adjusted
to correspond with the occupancy of existing or new buildings, and the demolition of old
buildings. The adjustment made on the first day of each month shall be for buildings either
occupied or demolished during the second month preceding the adjustments._~ Flor example, any
change which is made on June 1 of any year will be for buildings occupied or demolished in April
of the subject year. Any existing unit shall be considered unoccupied whenever the City has
temporarily terminated water service, at the customer's request only. Any new unit shall be
considered to be occupied when a certificate of occupancy has been issued and water service has
been provided to the unit's occupant(s). Proof of demolition shall be demolition permits issued by
the Building Department.
(C) Disposal Costs: Residential and multi-family solid waste disposal costs shall not
be included with residential and multi-family collection service costs. Residential and multi-family
disposal costs will be billed by the Solid Waste Authority of Palm Beach County by non-ad
valorem assessment. The Contractor will be given a disposal credit for each residential unit as
calculated by the Solid Waste Authority; however, the City shall not be responsible for disposal
shortfall costs.
Part of the commercial disposal costs will be billed by the Solid Waste Authority by non-
ad valorem assessment. The non-assessment portion of the commercial disposal costs will be
billed to the commercial customers by the Contractor. The Contractor shall pay the Authority for
all solid waste disposal costs incurred and not paid through non-ad valorem assessment.
18 ORD. 1VO. 47-96
The Contractor shall bill commercial customers the appropriate fees as set forth in Section
51.70: (1) Container Monthly Maintenance Charge; (2) the Container Monthly Disposal Charge;
and (3) the Monthly Collection and Hauling Fees with a franchise fee as determined by the City
added. The Contractor shall remit all franchise fees to the City on a monthly basis. The City shall
not be responsible for any disposal shortfall costs; however, the charge for disposal to the
customer shall increase or decrease in accordance with the charges of the Solid Waste Authority.
The Contractor shall bill multi-family customers the appropriate fees as set forth in Section
51.70: (1) Container Monthly Maintenance Charge; and (2) the Monthly Collection and Hauling
Fees with a franchise fee and administrative fee as determined by the City added. The Contractor
shall remit all fi'anchise and administrative fees to the City on a monthly basis. The City shall not
be responsible for any multi-family disposal shortfall costs.
Section 15. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.72, "Method of Billing for Charges", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Section 51.72 METHOD OF BILLING FOR CHARGES.
The regular monthly charges for residential services as set forth in Sec. 51.70, or any
additional charges for special, additional or unusual services shall be billed together with and as a
part of the monthly statement issued by the City for water services, at the same time as all other
charges; ....t,, -, -~'~-~,,,- '1--',_, .Qgarbage and trash collection service charges shall be itemized separately
on that statement. However, the City's contractors shall bill the customers receiving meehtmie~
eomainer-s --~ ....... :~ -~ ...... ~ · : ....-~ '~ multi famil d er~ial ~ervi
............................... - V an corem ce, as set
forth in Sec. 51.70, the monthly service charges for that service.~ v;~.".c,~ This may include a late
fee in the amount of 1.5% of the unpaid balance for delinquent accounts receiving ~
....' :- ..... ': ....... :" '-'~ ....... " :-~ multi family and c~mmercial service._.; k.,. ,1-.,,. eny
Section 16. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.73, "Delinquent Payments; Lien", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Section 51.73 DELINQUENT PAYMENTS; LIEN.
Any bill remaining unpaid for a period of thirty (30) days after rendition shall be
delinquent. A late fee shall be assessed by the City c,c.~:r=,,":.c,r in the amount of 1.5% of the
unpaid balance on delinquent customer accounts receiving residential service, meetumieat
19 ORD. NO. 47-96
-~--J r .......... t, ...................... : :r. a de uent is not or a
protest or appeal is not filed (and later processed in accordance, generally, with the procedures set
forth in Sec. 52.51) within eighteen (18) days, the City may :?',,,2 file a lien against the property
and may pursue foreclosure of the lien~ ~ :~ '~: ~,~,~ cf :..,":c,~g~,, as well as all other legal
remedies available to it, the owner being responsible for all costs and attorney's fees.
Section 17. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.75, *Person Billed for Water shall be Responsible for Charges", of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
Section $1.75 PERSON BILI,F.D FOR WATER $1~ALL BE RESPONSIBLE FOR
Cmm ,s.
The person or company in whose name water services are billed by the City shall be
considered and declared to be for the purpose of the enforcement of this chapter responsible for
the payment of those fees, rates and charges t~-efor-e, except that wherei~ no water service is
rendered and collection service is requested or deemed necessary these fees shall be the
responsibility of the owner or tenant of that property. All charges will continue whether or not
the water meter is actually mined on or off and without regard to usage or occupancy, except
when a customer requests temporary shut offofwater services.
Section 18, That should any section or provision of' this ordinance or any portion
thereot~ any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section 19. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 20... That this ordinance shall become effective immediately upon its passage at
second and final reading.
PASSED AND ADOPTED in re~q~lar session on second and final reading on this the ~
day of ,1996.
MAYOR
ATTEST:
City Clerk
First Reading October 15, 1996
Second Reading. FAILED ON SECOND/FINAL READING 11/5/96
20 ORD. NO. 47-96
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~l
SUBJECT: AGENDA ITEM ~ ;O ~ '- REGULAR MEETING OF NOVEMBER 5, 1996
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 47-96 (GARBAGE
AND TRASH)
DATE: NOVEMBER 1, 1996
On September 17, 1996, the City Commission adopted the new garbage and
trash ordinance (~33-96) on second and final reading. We subsequently
received a request from the Spanish Wells Condominium Association for a
change in service from curbside to rear/side door service due to the
physical characteristics of their develoi~nent, and also identified certain
other provisions of the adopted ordinance which needed clarification.
Ordinance No. 47-96 was drafted to addresses these changes and was
considered by the Commission on first reading on October 15th. It was
passed 4-0 and advertised for public hearing on November 5, 1996.
Additional changes have been made since first reading, both for changes in
service to certain neighborhoods (i.e. High Point) as well as further
clarification to certain provisions of the ordinance as they relate to our
contract with BFI.
The changes are significant enough to warrant a new first reading of the
ordinance with renoticing of the modified caption prior to consideration on
second and final reading. Therefore, staff recommends that Ordinance No.
47-96 be voted down at this time. If the new ordinance encompassing all of
the changes is ready, we will distribute it on Monday and add it to the
agenda for first reading.
ref: agmemo6
[ITY (IF OELRItY
FAC S ', h: ~ ii-,, , ~ ;,::, ~ 7:, !: Writer's Direct Line: (407) 243-7091
DF£RAY BFACH
Ali. America City MEMORANDUM
1993 TO: David Harden, City Manager
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Amendment to Garbage and Trash Ordinance
Attached is the proposed Garbage and Trash Ordinance. I have highlighted the areas that
have changed since first reading.
Please call if you have any questions.
Printed on Recyc/ec' Paper
.4 PUELIC HEARING ~'tll be h~
1:18 P,~ er, 1111BAY, ~
I,Mmm}, ~n me Cay CemmNs~
MI~I~ ~ THE CI~ ~ ~L~Y
~CH~ F~I~ ~NDING SEC-
T~ ~, ~F4TREET
~GU~TION~, ~ THE ~D
~LO~ENT REGU~TI~S
~E CI~ OF ~L~Y BEACH, BY
GIK PARKI~ LOT DtMENSI~
~Al~, ~RIPING ~AI~,
NDiK GUEST PARKING RE-
~IR~ENT~ AND OTHER MI~
~)FI~Tt~S TO RE~TED SEC-
T~S; PR~DI~ A GENE~
REP~LER C~USE, A ~VING
~U~, ~O ~ EFFECTIVE
~ ~DINANCE ~ THE CI~ C~
~1~ OF THE CI~ ~ ~L~Y
~CH, FLORID~ ~NDIK
~NCE ~ E~CTING
R g, ~ARBAGE ~D
THE CO~ ~ ORDInAnCES
~E CI~ ~ ~L~Y B~CH, BY
~NDING ~lON
~E ~RTAIN DEFINITIONS; BY
~NDING SECTI~S ~.~
~PING ~ PRO~R~ ~NED
IY OTHERS PR~IBITE~,
~UILDIK ~TERI~,
~ERCIAL ~ND~PE
~WN ~IflTENANCE BUSINESS;
RES~NSIBILI~ FOR T~H COL.
~10~, ~ ~EGETATIVE
~TAINER$ RE~IRED
RESIDENTIAL AND ~E~CIAL
~TES', ~, ~INTE~NCE
~TAINER~ ~, ~CEMENT
~ ~TAINER$ AND TRASH;
~, ~$TRUCTI~ AND
~LIT~ $1TE~, ~.~, ~AYMENT
~O ~ILLING~, ~.~ ~HOD OF
~ILLING*, ~, ~LINGUENT
PAYMENTS; LIE~, AND
~R~ BILLED ~R WATER
~RGE~, ~L TO PROVIDE
~RIFICATI~ AND C~RECT
~T~L ERRORS; ~Y
~ SERVICES PROVIDED
PICKING UP GARBAGE & TRASh,
~ PROVIDE ~RIFI~T~N AND
~IDING T~T THE SUBDIVI-
~S~ ~ SPAMfSH ~LLS SHALL
RECEIVE REAR~IDE~R
~RVICE AND THE SUBDIVISION
;~ HIGH ~INT ~A~ RECEIVE
'.~KI~ DIS~L ~G SER-
VICE WITH CENT~LIZED VEGE-
TATIVE ~D BULK PICKUP; BY
JOKER UN,T5 AND ~TAINERS*,
TO PROVIDE FOR COL~CTION
I~F ~PA~S ~R RESI-
~NTIAL UNITS; BY ~ENDING
~ION ~.~, ~EGU~R CHAR~
~ES ~VIE~, TO PKVI~ A RATE
~ HIGH ~INT ~DIVISION;
i~VIDING A ~VING C~USE, A
~NER~ RE~ER C~USE,
~D A~ EF~ECTI~
F3.~.
C~ ~ ~LRAY BEACH
C~ C~
10/23/96 WED 12:58 FAX 407 278 4755 DEL BCH CTY ATTY ~002
ORDINANCE NO. 47-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING ORDINANCE 33-96 ENACTING CHAPTER 5I, "GARBAGE AND
TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 51.01, "DEFINITIONS", TO ADD AND DELETE CERTAIN
DEFINITIONS; BY AMENDING SECTIONS 51.02, "DUMPING ON PROPERTY OWNED
BY' OTttF-RS PROHIBITED", 51.20, "BUILDING MATERIALS', 51.21, ~COMMERCIAL
LANDSCAPE OR LAWN MAINTENANCE BUSINESS; RESPONSIBILITY FOR TRASH
COLLECTION", 51.22, "VEGETATIVE WASTE", 51.23, "BULK TRASH', 51_35,
"CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL S1T~S", 51.39,
"MAINTENANCE OF CONTAINERS", 51.40, "PLACEMENT OF CONTAINERS AND
TRASH; PRI~COLLECTION PRACTICES", 51.45, "CONSTRUCTION AND DEMOLITION
SITES", 51.71, "PAYMENT AND BILLING", 51.72, "METHOD OF BILLING', 51.73,
"DELINQUENT PAYMENTS; LIEN" AND 51.75, "PERSON BILLED FOP. WATER SHALL
BE RESPONSIBLE FOR CHARGES" TO PROVIDE CLARIFICATION AND CORRECT
GRAMMATICAL ERRORS; BY AMENDING SECTION 51.18, 'TYPES OF SERVICES
PROVIDED FOR PICKING UP GARBAGE AND TRASH", TO PROVIDE CLARIFICATION
AND PROVIDING THAT THE SUBDMSION OF SPANISH WELLS SHALL RECEIVE ,,/,,
REa~-DOO~Sm~-DOOR S~mC~- a_~ 'rlm SUBDIVISION OF mGItPOINT SHALL
RECEIVE CURBSIDE DISPOSABLE BAG SERVICE WITEI~VEGETATIVE AND BULK C~
PICKUP; BY AMENDING SEC;FION 51.37, hUSE OF OTHER UNITS AND CONTAINERS",
TO PROVIDE FOR COLI~CTION OF ROLl. OFF COMPACTORS FOR RESIDENTIAL
UNITS; BY AMENDING SECTION 51.70, "REGULAR CHARGES LEV~Y}", TO PROVIDE
A RATE FOR HIGHPOINT SUBDMSION; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE. AND AN EFFECTIVE DATE.
[ITY I)F DELRIIY BEIIgH
CITY ATTORNEY'S OFFICE :~'~'~ ~'~"~' ~'~ ~""'~: ~ ~:' ~-~'~'~ ~'~'~' ~-~o~
t:.\ (: ~ ! ~, ~ i L ~.. 4 ~ .. ~: .~. ~ 7 ~ 5 Will's D~ L~e: (~7) 243-7091
DELRAY BEACH
lll.~rica Ci~ ~MO~NDUM
~ ~ TO: Ci~ Co~ssion
~OM: B~ Shu~, ~sist~t City A~omey
S~CT: ~eMment to "~ge ~d Trash"
On September 17, 199~, the C~ Co~ssion approved the "~e ~d Trash"
Ordi~ce of the C~ty on second ~d fin~ reading. ~er approv~ of the ord~nce the
recdved the a~ached letter ~om the Sp~sh We~s Co~do~um Associatio~ requesting
that thdr se~ce rem~n as re~-~oor se~ce r~ther th~ cur~s~de se~ce. T~s request
requires ~ ~en~ment to the or, in,ce.
~so, ~er ~her renew, it w~s ~e~ne~ that sever~ potions of the ore,ce needed
d~ficafion. The follo~ng ch~ges ~e ~so inco~or~te~ in the ordinate ~th other ~nor
c~ges in ~ attempt to c1~ the ordinate:
- vegetative waste may not ~e placed in roll out
cl~ng the use of mech~c~ cont~ners
c1~ the disbursement of recycling containers
to state the times pe~ed for placement of g~ge receptacles at cut, side
- remov~ of ~uplicate~ items
By copy of t~s memor~dum to D~d ~den, C~ Man~ger, our o~ce requests that t~s
~en~ment to the "~ge ~ Trash" Or~ce ~e pl~ce~ on the October 1~, 199~, City
Co~ssion ~geM~. Please c~1 if you h~ve ~y questions.
~ison Mac~egor H~, City Clerk
Joe S~ord, Finite Dire~or
CONDOMINIUM ASSOCIATION, INC.
3435 San Bernadino Drive · Delray Beach, Florida 33445 · (407) 495-4220
September 20, 1996
Mr. Joseph M. Safford RECEIVED
Finance Director
100 N.W. 1st Avenue $~P g~ 1996
Delrmy Beach, Fl. 33444
BY FINANCE
Dear Mr. Safford, '
Thi.~ i.~ to verifv our telcnn as of thi.~ date that
Spani.~h Wells Condominium will remain havin~ r~mr donr pirkup.
We apnreciate your help in having a well-maintained
fomnlex.
Thank you for your cn~peratinn and consideratian.
Sincerely,
Administrator
ORDINANCE NO. 47-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING ORDINANCE 33-96 ENACTING CHAPTER 51, "GARBAGE AND
TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 51.01, "DEFINITIONS", TO ADD AND DELETE CERTAIN
DEFINITIONS; BY AMENDING SECTIONS 51.02, "DUMPING ON PROPERTY OWNED
BY OTHERS PROHIBITED", 51.20, "BUILI')ING MATERIALS", 51.21, "COMMERCIAL
LANDSCAPE OR LAWN MAINTENANCE BUSINESS; RESPONSIBILITY FOR TRASH
COLLECTION", 51.22, "VEGETATIVE WASTE", 51.23, "BULK TRASH", 51.35,
"CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL SITES", 51.37, "USE
OF OTHER UNITS AND CONTAINERS", 51.39, "MAINTENANCE OF CONTAINERS",
51.40, "PLACEMENT OF CONTAINERS AND TRASH; PRECOLLECTION PRACTICES",
51.45, "CONSTRUCTION AND DEMOLITION SITES", 51.70, "REGULAR CHARGES
LEVIED", 51.71, "PAYMENT AND BILLING", 51.72, "METHOD OF BILLING", 51.73,
"DELINQUENT PAYMENTS; LIEN" AND 51.75, "PERSON BILLED FOR WATER SHALL
BE RESPONSIBLE FOR CHARGES" TO PROVIDE CLARIFICATION AND CORRECT
GRAMMATICAL ERRORS; BY AMENDING SECTION 51.18, "TYPES OF SERVICES
PROVIDED FOR PICKING UP GARBAGE AND TRASH", TO PROVIDE CLARIFICATION
AND PROVIDING THAT THE SUBDIVISION OF SPANISH WELLS SHALL RECEIVE
REAR-DOOR/SIDE-DOOR SERVICE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the residents of Spanish Wells wish to have Rear-Door/Side-Door Service
rather than Curbside pickup; and,
WHEREAS, the City Commission desires to clarify portions of the ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.01, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
Section 51.01 DEFINITIONS.
To the extent the definitions contained herein conflict with similar definitions contained in any
federal, state or local law, the definition herein shall prevail
Biohazardous Waste: Shall mean any solid waste or liquid waste which may present a threat of
infection or disease to humans or may reasonably be suspected of harboring pathogenic
organisms. The term includes, but is not limited to, non-liquid human tissue and body parts;
laboratory and veterinary waste which contain human-disease-causing agents; used disposable
sharps, human blood, and human blood products and body fluids; and other materials which in the
opinion of the Department of Health and Rehabilitative Services represem a significant risk of
infection to persons outside the generating facility.
Biololtical Waste: Shall mean solid waste that cause or has the capability of causing disease or
1 ORD. NO. 47-96
infection and includes, but is not limited to, Biohazardous waste, diseased or dead animals, and
other waste capable of transmitting pathogens to humans or animals.
Bulk Trash: Shah mean any non-vegetative item which cannot be containerized, bagged or
bundled; including, but not limited to, inoperative and discarded refrigerators, ranges, toilets,
washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar appliances, household
goods, furniture, large boxes, barrels and crates, and shall not be commingled with Vegetative
Waste or any other type of refuse.
City: The City of Delray Beach, Florida, or the City's authorized agents or contractors.
City Manalter: Shall be the City Manager of the City of Delray Beach or his/her designee.
Collection: Shall mean the process whereby solid waste, garbage, trash, bulk trash, vegetative
waste or recyclable material is removed and transported to a Designated Facility.
Commercial Service: Shall herein refer to the service provided to business establishments,
churches, schools, apartments (for profit buildings containing over four (4) living units are
classified as commercial accounts), office buildings and other establishments. Service shall
include container rental, the rolling out and locking and unlocking of containers, opening and
closing doors and gates, exchanging containers, changing container locations, supplying locks and
locking mechanisms for containers, and other services to include painting and repairing required
for the proper maintenance of containers.
Commercial Trash: Shall mean any and ah accumulations of paper, rags, excelsior or other
packing materials, wood, paper or cardboard boxes or containers, sweepings, and any other
accumulation not included under the definition of garbage, generated by the operation of stores,
offices, and other business places. Commercial trash shall include furniture if properly
containerized. Commercial trash shall not include Special Waste.
Construction and Demolition Debris: Shall mean materials defined as such from time to time by
the Department and Chapter 17-7, F.A.C.
Contractor or Vendor: Browning-Ferris Industries of Florida, Inc.
Department: Shah mean the Florida Department of Environmental Protection.
Designated Facility: Shah mean a disposal processing, recovery, recycling or transfer facility
designated by the Solid Waste Authority or the City Manager.
Disposal Costs: Shall mean the "tipping fees" or landfill costs charged to the Contractor by
others for disposal of the waste collected by the Contractor.
Garba~,e: Shah mean all putrescible waste which generally includes but is not limited to kitchen
and table food waste, animal, vegetative, food or any organic waste that is attendant with or
results from the storage, preparation, cooking or handling of food materials whether attributed to
2 ORD. NO. 47-96
residential or commercial activities. Vegetative Waste shall not be commingled with Garbage in
the same collection. Garbage shall not include any material that falls within the definition of
Special Waste.
Garbage Receptacle: Shall mean any commonly available light gauge steel, plastic, or galvanized
receptacle of a non-absorbent material, closed at one end and open at the other, furnished with a
closely fitted top or lid and handle(s). A receptacle also includes a heavy duty, securely tied,
plastic bag designed for use as a garbage receptacle. Any receptacle including waste materials
shall not exceed fifty (50) gallons in capacity or fit~y (50) pounds in weight for owner's container
and thirty-two (32) gallons or ninety five (95) gallons for rollout containers.
Hazardous Waste: Shall mean solid waste as defined by the State of Florida Department of
Environmental Regulation as a hazardous waste in the State of Florida Administrative Code, or by
any future legislative action or by federal, state or local law.
Industrial Wastes: Shall mean any and all debris and waste products generated by
manufacturing, food processing (except in restaurants and homes), land clearing, and commercial
shrubbery or tree cuttings, building construction or alteration (except residential do-it-yourself
projects) and public works type construction projects whether performed by a government unit or
by contract.
Litter: See Chapter 98 of the Code of Ordinances of the City of Delray Beach.
Loadine and Unloading Area: Any loading or unloading space or area used by any moving
vehicle for the purpose of receiving, shipping, and transporting goods, wares, commodities, and
persons.
Loose Refuse: Any refuse, either garbage or household trash stored in and collected from any
type of container other than a mechanical container or garbage can related to multiple family
dwellings or the designated facility. Refuse which is collected from the ground is considered
loose refuse.
Mechanical Container: Shall mean and include any detachable metal container designed or
intended to be mechanically dumped into a loader/packer type of garbage truck used by the
Contractor and includes any motorized or electrical compactor often (10) yards capacity or less.
Mechanical containers may be constructed of plastic. Further, all mechanical containers must be
uniform in color, have closeable lids, and be free of any advertising or other information other
than a 8-1/2" x 11" sticker with the name, address, and telephone number of the Contractor.
Multiple Dwelling Units: Shall mean any building containing five (5) or more permanent living
units, not including motels and hotels.
Parking Lots: Commercial and public lots designed for the parking of any vehicles with the
exception of residential parking.
3 ORD. NO. 47-96
Person: Any natural person, owner, agent, corporation, partnership, association, firm, receiver,
guardian, trustee, executor, administrator, fiduciary, occupant, lessee, tenant, or representative or
group of individuals or entities of any kind.
Premises: Lots, sidewalks, alleys, rights-of-way, grass strips, and curbs up to the edge of the
pavement of any public thoroughfare.
Private Property,: Property owned by any person as defined in this section, including, but not
limited to, yards, grounds, driveways, entrance or passage ways, parking areas, storage areas,
vacant land, or bo of water._; ............. e, ......... , e~ ....... vo, .............. J ......
agey~. For the purpose of this chapter, "Private Property" owners are required to maintain
rights-of-way up to the edge of the pavement of any public thoroughfare.
Public Property: Any area that is used or held out to be used by the public, whether owned or
operated by a public interest, including, but not limited to, highways, streets, alleys, parks,
recreation areas, sidewalks, grass strips, medians, curbs, or rights-of-way up to the edge of the
pavement of any public thoroughfare or body of water.
Recyelable Materials: Shah mean newspapers (including inserts), magazines and catalogs,
aluminum, aluminum foil and pie plates, plastic containers, glass bottles and jars, corrugated
cardboard, brown paper bags, mixed paper, drink boxes, milk and juice cartons and other solid
waste materials added upon Agreement between the Solid Waste Authority and the Contractor,
when such materials have been either diverted fi.om the remaining solid waste stream or removed
prior to their entry into the remaining solid waste stream.
Recvcline: Shall mean any process by which solid waste, or materials which otherwise become
solid waste, are collected, separated, or processed and reused or returned to use in the form of
raw materials or products.
Refuse: Shall mean commercial trash, household trash and garbage or a combination of or
mixture of commercial trash, household trash and garbage, including paper, glass, metal and other
discarded matter, excluding Recyclable Materials.
Residential Do-It-Yourself Proiects: Minor residential repairs done exclusively by the
homeowner himself.
Residential Service: Shall herein refer to the refuse, recycling and vegetative waste collection
service provided to persons occupying residential dwelling units within the City who are not
receiving commercial or multi-family services. This would include single family homes, duplexes,
triplexes~ quadplexes and mobile homes.
Rolloff Collection Service: Shall mean the collection of construction and demolition debris using
open top rolloff containers within temporary locations in the City, limited to new construction
sites. Rolloff collection service shah also mean the collection of horticultural or agricultural
wastes at horticultural or agricultural nurseries, but only when the customer chooses to use open
top rolloff containers for horticultural or agricultural waste, and horticultural and agricultural
4 ORD. NO. 47-96
waste shall not include any other type of waste, including, but not limited to, Special Wastes,
Garbage or Recyclable Materials.
Roll-Out Carts: Carts that are either a 32 or 95 gallon (approximate) wheeled container of a
type approved by the City Manager or his designee, and shall be equipped with wheels; and a lid
Slud~,e: Includes the accumulated solids, residues, and precipitates generated as a result of waste
treatment or processing, including wastewater treatment, water supply treatment, or operation of
an ak pollution control facility, and mixed liquids and solids pumped from septic tanks, grease
traps, privies, or similar waste disposal appurtenances.
Special Waste: Shall mean solid wastes that require special handling and management, which are
not accepted at a landfill or other disposal facility or which are accepted at a landfill or other
disposal facility at higher rates than is charged for refuse, including, but not limited to, asbestos,
whole tires, used oil, lead-acid batteries, and Biohazardous wastes.
Trash: Shall mean all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and
containers, sweeping, broken toys, tools, utensils, and all other accumulations of a similar nature
other than Garbage, which are usual to housekeeping and to the operation of stores, offices and
other business places, but shall not include Vegetative Waste.
Vegetative Waste: Shall mean any vegetative matter resulting from yard and landscaping
maintenance and shall include materials such as tree and shrub materials, grass clippings, palm
fronds, Christmas trees, tree branches and similar other matter usually produced as refuse in the
care of lawns, landsca_ ng and yards .................
~,.,.,~,~,-~'~ -,~,.-J~'~" ,,~' .~,,.,~ ..... ~,~ko. Veg~mive Waste does not include ~y fora of ma~er or debris
resulting from tree remove, l~d cle~g, l~d developmem, or waste generated by tree surgeons,
Section 2. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.02, "Dumping on Property Owned by Others Prohibited", of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
Section 51.02 DUMPING ON PROPERTY OWNED BY OTHERS PROHIBITED.
It shall be unlawful to dispose o__f or discard any garbage, trash, vegetative waste, or litter
on property owned or controlled by someone else.
Section 3. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.18, "Types of Services Provided for Picking up Garbage and Trash", of the Code of
5 ORD. NO. 47-96
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 51.18 TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE AND
TRASH.
(A) Roll out Cart Service
(1) All single family homes, duplexes, triplexes, quadplexes and mobile homes
rzgidz:'2:.~2 ur. its of the City shall have roll out cart curbside pickup, except for the areas listed in
sections (B) and (C). The customers in t~.ig areas receiving cart service shall be required to use
roll carts furnished by the City ~
(2) These roll-out carts shall be furnished by the City (or its' Contractor) and
shall ~' ..... ~.~~.^~..,. ~,.,~~..~,^..~. ~ ..... .4^.~ ^,~ ~ ....-' -'~ remain the property of the
City. If a roll-out cart becomes unserviceable or is missing because of customer neglect, the City
(or its contractors) may repair or replace it, but repair or replacement does not constitute a waiver
by the City (or its contractors) to proceed against the negligent customer for reimbursement for
any replacement or repair. The City (or its' Contractor) shall supply only one roll-out cart ready
fo h singte-dw lling ivi id ntial rd
rusetoeac e rece ngres e se ce
..~:, t~, .~-~.~.~ ..~,~. ~.~..~:..~ .^~,.: .... x. however, additional roll-out carts may be rented to
the customer at a charge not to exceed $1.50 per month. Any additional roll-out carts shall be
collected by the City or its contractors at the same time as the first roll-out cart, and there shall be
no additional montNy service charge for that collection other than the charge for each additional
roll-out cart rental.
(3) All customers receiving roll-out cart service are required to use those roll-
out carts for all garbage and for whatever trash,,.,.,"~ ~,.,.~-~.,,,.. .... ,,...,~ .... j,,,,.~ ~--~'., ~o,, that can be reasonably
contained therein. All roll-out cart service shall be collected on regular schedules and routes as
determined by the City or its' Contractor.
(4) All vegetative waste shall be placed adjacent to the pavement or traveled
way of the street, in containers or bundles less than 50 pounds each and with no dimension over
six feet each, and then shall be collected on one of the scheduled garbage collection days.
(5) The provisions and requirements set forth in this division notwithstanding,
for those customers who, by reason of disability and with on other able-bodied person residing in
the residence, certified by a doctor and approved by the City, are unable to place the roll-out cart
at the street, then collection shall be from roll-out carts located at accessible locations adjacent to
the house or structure.
(B) Rear-door/side-door service.
(1) For the residential area of the City located east of the Intracoastal
Waterway, .Spanish Wells and Sherwood Park, garbage and trash shall be collected at least twice
6 ORD. NO. 47-96
each week on regular schedules and routes as determined by the City or its' Contractor from the
rear, side, or front of and adjacent to the served residences, and at locations reasonably accessible
to the City or its' Contractor.
(2) All vegetative waste and bulk trash shall be placed adjacent to the
pavement or traveled way of the street, in containers or bundles less than 50 pounds each and
with no dimension over six feet each, and then shall be collected on one of the scheduled garbage
collection days.
(C) Curbside, garbage and household trash in disposable containers.
(1) For the residential area of the City located at Imperial Villas and Country
Manor, the customer's garbage and trash shall be placed in disposable bags at locations adjacent
to the street and shall be collected at least twice per week on regular schedules and routes as
determined by the City or its' Contractor from the front of the served residence._;
(2) All garbage and trash shall be placed in secured plastic bags or other
secured disposable container and no bag shall weigh more than 50 pounds.
(3) This service specifically excludes collection of vegetative waste and bulk
trash, and removal of that refuse shall be at additional charges as set by the City or its'
Contractor.
(D) Mechanical Container Service
(1) Multi-family dwelling units containing five or more units shall use
mechanical containers, except as otherwise approved by the City because of lack of suitable space
for a mechanical container or other good reason.
(2) Business establishments, churches, schools, office buildings and other
establishments that receive commercial service may use mechanical containers or roll out carts.
0~)(E) Recycling program.
(1) Each residence of the City receiving residential service shall be provided
two recycling containers for the accumulation and collection of ~.ixed
........... c ..... recyclable materials.
(2) All condominiums and apartment complexes containing a,:..,./~,~ five
or more dwelling units using mechanical containers shall be provided an adequate number of
recycling containers to collect.....~v...'~':v~'i 1~'~1''''' .......... · .,.,0...,.......,01~1~1~ recyclable materials.
(3) The containers referred to in di',a.:ic, n part (1) shall be brought to curb-side,
and shall be collected at least once per week. For each residence or unit referred to in di-.qaie, n
part (1) above, such collection shall be made on one of the regular refuse collection days. For
7 ORD. NO. 47-96
condominiums and apartment complexes referred to in d:;A::.c,n part (2) above, collection shall be
made once per week.
(4) In the event the recycling containers contain unacceptable materials, the
materials will not be collected and an explanatory notice will be placed in the container.
(5) In the event that the recycling container, furnished either by the City or by
the Contractor, is lost, damaged, or stolen, the residence or condominium or apartment shall pay
the Contractor or City directly for replacement containers.
(6) Participation in the recycling program shall be mandatory.
Section 4. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.20, "Building Materials", of the Code of Ordinances of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
Section 51.20 BUILDING MATERIALS.
(A) Building materials originating prior to, during, or subsequent to the construction of
new buildings, alterations, or additions to existing buildings of whatsoever type; or from
demolition of existing structures will not be collected. Removal of these building materials is the
responsibility of the contractor or installer.
(B) Building materials resulting from minor homeowner repairs (residential do-it-
yourself projects) which meet the requirements for trash collection must be bundled, bagged, or
boxed and will be collected at curbside. Discarded lumber pieces must be no longer than four feet
without nails. Larger materials may be picked up by special request at an additional charge from
the Contractor.
Section 5. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.21, "Commercial Landscape or Lawn Maintenance Business; Responsibility for Trash
Collection", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Section 51.21 COMMERCIAL LANDSCAPE OR LAWN MAINTENANCE BUSINESS;
RESPONSIBILITY FOR TRASH COLLECTION.
Persons engaged in either commercial landscape or lawn maintenance business shall be
responsible for hauling vegetative or other trash generated by their activities to the City's Transfer
Station or other Solid Waste Authority authorized disposal site area.
Section 6. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.22, "Vegetative Waste", of the Code of Ordinances of the City of Dekay Beach, Florida, be,
and the same is hereby amended to read as follows:
8 ORD. NO. 47-96
Section 51.22 VEGETATIVE WASTE
(A) Vegetative waste shall be collected from the residences at least one time per week
and shall be on the same day as one of the collection days for solid waste. Collection shall begin
no earlier than 6:00 a.m. and cease no later than 6:00 p.m.. Vegetative waste shall be placed
adjacent to the pavement or traveled way of the street. Residents shall bag or containerize all
_re'ass clippings, leaves, pine needles, and similar small loose items whenever possible. Large
vegetative waste items must not be more than six (6) feet in length or fif~ (50) pounds in weight,
pl tly * if
and shall be aced nea at the curb. ~'~- ~ ......... *~*: ........ *~ '~-'~ ~"'"'"~ ~ ..... :~
possibt~. In the event of a dispute between the Contractor and a customer as to what constitutes
vegetative waste, the situation will be reviewed and decided by the City Manager, whose decision
shall be final.
03) At the request of the City or at the request of a resident, the Contractor shall
collect vegetative waste on a day other than the regular scheduled collection day at a cost to the
resident equal to $11.50 per cubic yard. The Contractor shall collect the entire cost of this
additional special collection from the resident in advance of this additional collection service.
Upon receipt of payment, the Contractor shall cause the additional collection to occur within
forty-eight (48) hours. Any dispute between the Contractor and the resident regarding the
amount of trash collected, the charge or liability of the resident for the additional collection
services shall be submitted to the City Manager for resolution. The decision of the City Manager
as to the amount of the charge shall be binding upon the Contractor and the resident.
Section 7. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.23, "Bulk Trash", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
Section 51.23 BULK TRASH
(A) Bulk trash shall be collected from residences within the City no more than once per
week. The bulk trash pickup day shall coincide with the first refuse collection day, which shall be
a Monday, Tuesday or Wednesday of each week.
03) At the request of the City or at the request of a resident, the Contractor shall
collect Bulk Trash on a day other than the regular scheduled collection day at a cost to the
resident equal to $22.00 per cubic yard. The Contractor shall collect the entire cost of this
additional special collection from the resident in advance of this additional collection service.
However, if the City requests the pickup and the Contractor is unable to collect payment from the
resident, then the Contractor shall collect the bulk trash and the resident shall be billed by the City
for the extra charge. When payment is made to the City for the extra charge then that amount
shall be forwarded to the Contractor. Upon receipt of payment by the resident, the Contractor
shall cause the additional collection to occur within forty-eight (48) hours. Any dispute between
the Contractor and the resident regarding the amount of trash collected, the charge or liability of
the resident for the additional collection services shall be submitted to the City Manager for
resolution. The decision of the City Manager as to the amount of the charge shall be binding
upon the Contractor and the resident.
9 ORD. NO. 47-96
(C) Furniture and appliances shall not be placed at curbside except as herein stated.
Upon request, the City may collect normal household discarded furniture or appliances, including
but not limited to sofas, chairs, beds, refrigerators, washers, dryers, hot water heaters, and similar
items. Kesidents, including tenants or lessees requesting this service of the City will be given a
date when collection will occur. Items for collection shall be placed at curbside no earlier than
5:00 p.m. on the day preceding the scheduled collection.
(D) It shall be unlawful for any person to leave outside any building in a place
accessible to children any appliance, refrigerator, or container with a locking device unless the
door has been removed. This prohibition shall not apply to any appliance, refrigerator, or
container at a commercial establishment which has been placed on or adjacent to the rear of the
building and is crated, strapped or locked to an extent that it is impossible for a child to obtain
access to any airtight compartment thereof.
Section 8. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.35, "Containers Required for Residential and Commercial Sites", of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
Section 51.35 CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL
SITES.
Except as otherwise provided for herein, or due to the type of garbage and trash service
designated by the City for the subject property, :.t a?2! be ur2a':?..'.l far the owner of any real
property in or from which litter is accumulated or produced to, f~..'.'! to, must provid~ suitable
receptacles and containers. These containers must be kept in an accessible location for collection
.......... ' .... cc, ma/ capable of
holding all waste materials which would ordinarily accumulate between the times of successive
collections. All containers and receptacles as required shall be of safe construction and design and
shall be maintained in good serviceable condition at all times. Any receptacles or containers
which do not conform to the provisions of this chapter, or which have ragged or sharp edges or
any other defects likely to hamper or injure the person collecting the contents thereof or the public
generally, shall be promptly replaced upon notice. The City Manager shall determine the quantity
and location of receptacles and determine whether the receptacles and containers are serviceable.
Section 9. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.37, "Use of Other Units and Containers" of the Code of Ordinances of the City of Dekay
Beach, Florida, be, and the same is hereby amended to read as follows:
Section 51.37 USE OF OTHER UNITS AND CONTAINERS.
Customers who, upon the express and sole approval of the City; elect to use roll-off
containers or/stationary rolloff compactor units of 10 yards capacity or more m':d ccmpa~c,r
eomainer-s or tike similar constructiongoulk containers or/compactor equipment may be excluded
from regular collection by the City or its' Contractor, subject to the provisions of Sec. 51.16.
10 ORD. NO. 47-96
Section 10. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.39, "Maintenance of Containers", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Section 51.39 MAINTENANCE OF CONTAINERS.
It shall be the responsibility of the users of garbage,,,,,,"-'~ j,,~,,'~ ~-~,.,,o.. and recycling containers
furnished by the City or the Contractor to clean and maintain those containers in a sanitary
condition.
Section 11. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.40, "Placement of Containers and Trash; PrecoHection Practices", of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
Section 51.40 PLACEMENT OF CONTAINERS AND TRASH~ PRECOLLECTION
PRACTICES.
(A) Blockage of storm drains. It shall be unlawful for any person to place any refuse,
trash, refuse receptacles, or containers on, upon, or over any storm drain or so close thereto as to
be drawn by the elements into the storm drain.
(B) Dangerous trash items. It shall be unlawful to place dangerous trash items and all
waste materials of injurious nature in containers unless they are securely wrapped so as to prevent
injury to the collection crews and others. Dangerous trash and waste materials shall include, but
shall not be limited to, broken glass, light bulbs, sharp pieces of metal, fluorescent tubes, and
television tubes.
(C) Hazardous waste. It shall be unlawful to place hazardous waste us~ in any
receptacle used for collection by the City. Some of the items listed in Part (B), if placed in a
receptacle used for collection by the City in large quantities, may be classified as hazardous waste.
(D) Garbage and trash. It shall be unlawful to place~ in garbage receptacles, trash
which has not been drained of all liquids :~': garbage receptacle:. Any items of trash which are too
large for receptacles and cannot be reduced to a size which can be placed in a garbage receptacle
may be placed at curbside no earlier than 5:00 p.m. on the day preceding the collection date for
that material, provided those items are covered or secured so as to avoid unsightly litter
conditions. Any garbage receptacle may not be placed at curbside earlier than 5:00 p.m. on the
day preceding the collection day and must be removed by 7:00 p.m. on the day of collection.
(E) Liquid garbage. In order to prevent spillage, garbage which contains liquids must
be wrapped, bagged, or otherwise enclosed in plastic containers for collection.
(F) Mechanical containers.
11 ORD. NO. 47-96
(1) Placement of containers emptied by mechanical means shall be determined
by the City Manager. The following materials shall not be permitted to be placed in those
containers:
(a) Tires.
(b) Motor vehicle parts, including, but not limited to batteries.
(c) Carpet or padding larger than three feet by three feet.
(d) Metal pipe in excess of 1/2-inch by three feet.
(e) Construction or building materials.
(f) Wood in excess of one inch by two inches by three feet.
(2) It shall be unlawful for anyone to place or maintain materials or place any
vehicle under their control, whether temporarily or permanently, so as to block access to any
mechanical container.
(3) ....
(G) Refuse. It shall be unlawful for anyone to fail to place and maintain refuse in
containers as specified herein. All containers shah be kept covered at ah times with tight-fitting
covers.
(H) Vegetative waste. Vegetative waste shall be placed only near the edge of the
roadway adjacent to the property from which it was generated. Vegetative waste for collection
shall be placed at the required location no earlier than 5:00 p.m. on the day preceding the
collection date.
(I) Recycling. Recycling containers shall be placed beside the curb adjacent to the
roadway no earlier than 5:00 p.m. on the day preceding the collection date for the material,
provided those items are covered or secured so as to avoid unsightly litter conditions. Any
container placed at curbside must be removed by 7:00 p.m. on the day of collection.
Section 12. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.45, "Construction and Demolition Sites", of the Code of Ordinances of the City of Dekay
Beach, Florida, be, and the same is hereby amended to read as follows:
Section 51.45 CONSTRUCTION AND DEMOLITION SITES.
(-A-) It shall be unlawful for any construction or demolition contractor to fail to provide
onsite suitable receptacles, bulk containers, or detachable containers for loose debris, paper,
building material waste, scrap building material, and other trash produced by those working on
the site. All material shah be containerized by the end of each day, and the site shall be kept in a
reasonably clean and litter-free condition. The number of receptacles, bulk containers, or
detachable containers shah be determined by the City Manager. Construction sites shall be kept
reasonably clean and orderly at aH times.
12 ORD. NO. 47-96
cc, r~ractc, r kn cha~ge. .,.,..,,,,,+ ,,.,,,,.,..'"' ................................ ~ .....
Section 13. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida,
be, and the same is hereby amended to read as follows:
Section 51.70 REGULAR CHARGES LEVIED.
The following service charges or fees are levied for collection service:
Charges for the below-described collection service shall be as follows and shall commence
when a certificate of occupancy is issued for any residemial or commercial units, and shall
continue monthly thereat~er unless service is discontinued in accordance with Sec. 51.73:
(A) Residential (-Singk~ami~ Service (Single Family Homes~ Duplexes~ Triplexes~
Quadplexes and Mobile Homes)
Curbside Rollout Carts
Monthly Service Cost Per Unit
Garbage Collection 2.51
Recycling 1.40
Yard Trash 1.30
Bulk Trash 0.20
Total Fees -Contractor 5.41
Cart Replacement 0.90
Administrative Fee 0.35
Franchise Fees (5%) 0.27
Total Fees 6.93
Reardoor Owner Containe~
Monthly Service Cost Per Unit
Garbage Collection 7.85
Recycling 1.40
Yard Trash 1.30
Bulk Trash 0.20
Total Fees -Contractor 10.75
Administrative Fee 0.35
Franchise Fee (5%) 0.54
13 ORD. NO. 47-96
Total Fees 11.64
Curbside Disposable Baes ~
Monthly Service Cost Per Unit
Gaflmge/Trash Collection 1.55
Recycling 0.85
Total Fees -Contractor 2.40
Administrative Fee 0.35
Franchise Fee (5%) 0.12
Total Fees 2.87
(B) gesident~ ~Multi-FamilyJ Service
me:F~r.'.'eal ee::w?erg. Multiple-family dwelling units containing five units or more shall use
containers emptied by mechanical means, except as otherwise approved by the City because of
lack of suitable space for a mechanical container or other good reason. Multi-family monthly fees
shall c~e,n:~:~,,~ include a container charge and a per unit charge. If the amount of refuse generated
requires more than two (2) times per week collection, then the third (3rd) and all subsequent
collections shall be charged the commercial collection rate only.
Multi-Family Rates
Conts, lner Monthl~ M~,intemmce Ch~,rge
Container Size MontM¥ Cost Franchise Fee Total Container Fees
2 yd. 19.40 1.94 21.34
3 yd. 21.44 2.14 23.58
4 yd. 22.21 2.22 24.43
6 yd. 25.53 2.55 28.08
8 yd. 27.09 2.71 29.80
Collection & [[aulinl~ l~t¢ Per [Init (Based on ~, Bi-Weeld~ Pickup)
Monthly Service Monthly CoSt Per Unit
Refuse Collection 1.35
Recycling 0.80
Total Per Unit Fees-Contractor 2.15
14 ORD. NO. 47-96
Administrative Fee 0.35
Franchise Fee (10%) 0.22
Total Monthly Fees Per Unit 2.72
(C) Commercial
(1) Commercial customers shall use mechanical containers or roll out carts ~d
ce, rr'.~-nercia! rz~a:e ,,crt,airier :er'Ace. Commercial customers shall include all customers other than
residential lti family *'-'4- ~4- ~'~ ~:'":+'~'~
or mu - customers.; ................... ,
..... , v ........... eo, ..... .~ ..... , ...... ~,...~, ............... ommer omers m use
any of the following containers for accumulation of refuse:
C ........... ~---4- -- ~. Roll Out Cans. The City shall
...... c .... ,2.,e,o roll out carts to use
require any commercial customer needing more than six '"~ .....
mechanical containers, if feasible.
(b) Mechanical containers.
(2) The owners/operators of commercial establishments and other commercial
customers shall accumulate such refuse in those locations mutually agreed upon by the
owner/operator and the City or its contractors, and which are convenient for collection by the
City or its contractors.
(3) Containers emptied by mechanical means shall be provided by the City or
its contractors. These containers shall be emptied on a schedule mutually agreed upon by the
customer and the City or its contractors, but not less than one day a week nor more than six days
a week.
(4) Commercial customers needing six or less t?~n ::,x re.~,::e ez:'.taLners roll
out carts, and those approved for this type of service by the City in advance because they lack a
suitable location for a mechanical container~ shall ~Aae, be serviced at least once per week. All
garbage and commercial trash shall be collected from such refuse containers at locations agreed to
between the City or its contractors and the customer. The charge shall be based upon the
following schedule c ...... s, ~,~, ..... ,~ ,.~, ~_; ....
Commercial Rates {Monthly)
Container Picku Week'
· ::'.~}~s-::::::.'s ~. '~. ............ :: ............. :..: .::,::,..::::....::: Collection $ 8.76 $17.50 $ 26.26 $ 35.02 $ 43.76 $ 52.52
· ~i.::'~:'g3:.:;~'..': v:';~':4'..:~':': g.:.:-'.:~.:..'.'..': Disposal $13.35 $ 26.69 $ 40.04 $ 53.39 $ 66.73 $ 80.08
:::::::::::::::::::::::::::::::::::::::::::::::::::::::i...`...~iI~i::i~i~i!~i~{ii~i~i~.:..~iiii::i::i~i!iiii~i~iiiiii~i~.~i!~iiiiiiiiiii Total-ContractorFees $41.51 $63.59 $85.70 $107.81 $129.89 $152.00
:~:~,!;.'i~!,?.~:~:i,'..~.,::.~:~,i~:5!5! :i5.,:.,.':~.,5,i:.:igi,55,~:5:5::.iii Franchise Fees- 10% $ 4.15 $ 6.36 $ 8.57 $10.78 $12.99 $15.20
............. ~ ................... -'.:::::: .::: ................... .>:::::*.:~:::-': ............ Total F~ $45.66 $69.95 $94.27 $118.59 $142.88 $167.20
~i~i~i~ii~iii~i~i~!~ii~iiiiiiii~!~i~iiiiiigi!~i~i~!!~iii~!iiiiiiiiii~:~i~i~i~ii!iii~ conect/on $13.13 $26.26 $39.39 $52.52 $65.65 $78.78
15 ORD. NO. 4%96
Container Maintenance fee $21.44 521.44 $21.44 $21.44 $21.44 $21.44
Total - Contractor Fees ~. 54.59 $ 87.74 $120.89 $154.04 $187.19 $220.34
Franchise Fees = 10% 5 5.46 $ 8.77 $12.09 $15.40 5 18.72 5 22.03
Total Fees $ 60.05 $ 96,51 $132.98 $169.44 $205.91 $242.37
========================================================= ::i:i :!:i:i:i:i ::i:~:!:i:!:i
.~.:..-.':~.,.':!*:::,~:::~:~:i:~:~:~:::~:~: a::~:!:~:~:i:i:~: Collection $17.50 $ 35.02 $ 52.52 $ 70.02 $ 87.54 $105.04
I~illiliiiiiiilllili~i~ Dispoaal $26.69 $53,39 $80.08 $106.77 $133.47 $160.16
Container Maintenance fee $ 22.21 $ 22.21 $ 22.21 $ 22.21 $ 22.21 $ 22.21
~.~i ~.~:'.:~,.'.." Total- Contractor Fees $ 66.40 $110.62 $154.81 $199.00 $243.22 $287.41
I~ii~iiilli!i!~iiiiilii!i!?:i!iiiiiiilii i!iiiiiiiiii Fees 5 6.64 $11.06 $15.48 $19.90 524.32 $ 28.74
::::::::,z:: :::::::::::: : ............. :'.::::::::::::::::: ................ ~:::: Total Fees $ 73.04 $121.68 $170.29 $218.90 $267.54 $316.15
~.' :::::::::::::::::::::::::::::::::::::::::::: :::::::::::.~ ~.:: ::::::
'~?~5'~..*.~!~.~:.~!.,'.~.~..':~.~555~!5~f.'~:~ :: Collection $ 26.26 $ 52.52 $ 78.78 $105.04 $131.30 $157.56
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :
,~.~:~i:..'~:.!~:~-..~:~.~.a~..':~.~ ~ Disposal $ 40.04 $ 80.08 $120.12 $160.16 $200.20 $240.24
....... *::.~::,.:-:-::~: ............................. ~. ........................ Container Maintcaance fee $ 25.53 $ 25.53 $ 25.53 $ 25.53 $ 25.53 $ 25.53
[~!iliiiiiiiii!il!i~iiiiiiiiliit~iiii Total - Contractor $ 91.83 $158.13 $224.43 $290.73 $357.03 $423.33
~ .::~.:~:~.. · ::: .:~-~ ::...:...::~.:...::.: :::::~ · .::.: -::::: ....
a',~?.::~*~*~:i:-'.:.~!~.:~:~;:~:.~:.?.:!::::::::~,.~::::*:::~:~:~* Franchise Fees (10%) $ 9.18 $15.81 $ 22.44 $ 29.07 $ 35.70 5 42.33
:::::::::::::::::::::::::::::::: .......................... ::,:::::::::::::.~ ........... Total Fees $ I 01.01 $173.94 $246.87 $319.80 $392.73 $465.66
~!:.~:[:~:~:!:~:~:~'~:~:~:!:~:i:~:~:~:i:!:~:[:~:i:~:::~:~:'..:~:[:.>.~:i:!:
i'..'i$i.iiiiiiiii~iiiiiiifiiiiiii'iiii~iiili'i'ilili~'liii!i:!i~iiiiiiii Collection S 35.02 $ 70.02 $105.04 $140.06 $175.06 $210.08
~ .~/?~i~!.:i~i~i~i~i~i~.~i~!~i~i~:,'..,:'!i! Disposal $ 53.39 $106.77 $160.16 $213.55 $266.93 $320.32
.5.~.~5~e~.~:~!;.:i:.::~15~!~!~!i:~:i:.~5!5!i:~:5:~i!5~!~!i Container Maintamance fee $ 27.09 $ 27.09 $ 27.09 $ 27.09 $ 27.09 5 27.09
:~i:~ ~:~:~,'::~ ~:::~',2,::~ i~l: :::::!:~:~:i: :::~:;.:~:~:~: :::::::~;
li~$.:l~.:~i.;:.~!~:,:.~;~.~ii::~i~5~i5i ~ii~iii!i/~i~iii~i~}i{~iiiiiiii.~! Total - Contr~tor $I 15.50 $203.88 $292.29 $380,70 $469.08 $557.49
~,~, ,~;,;;:::~:::' ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
~ji~aa::':~:i:~a:~..:'..:':i~'.:'.:~:~:~..:':~::'! Franchise Fees (10%) $11.55 5 20.39 $ 29.23 $ 38.07 5 46.91 $ 55.75
Total Fees $127.05 $224.27 $321.59 $418.77 $515.99 $613.24
9S-Gallon Cart Service
Pick-ups per week Monthly Charge * Franchise Fee Total Fee (Month)
1 $ 26.15 $ 2.62 $ 28.77
2 $ 50.87 $ 5.09 $ 55.96
3 $ 77.02 $7.70 $ 84.72
4 $102.46 $10.25 $112.71
S $127.90 $12.79 $140.69
6 $152.63 $1~.26 $167.89
· These rates include collection and container maintenance fees.
Note: The foregoing rates are based on $23.00 per ton ($1.~4 per cubic yard), which is the anticipated
Solid Waste Authority tipping fee to be effective October 1, 1996.
(D) The charges set forth above for mechanical containers and roll out carts
czmmerc:.~2 re~,::e con,~J~ner· aer'.Sce shall accrue and be payable on the total capacity of the
container whether or not it is full. Comainers of the type and size designated by the City or
provided by the City's Contractor shall be used.
Section 14. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.71, "Payment and Billing", of the Code of Ordinances of the City of Dekay Beach, Florida, be,
and the same is hereby amended to read as follows:
SECTION 51.71 PAYMENT AND BILLING:
(A) Compensation: The City shall pay the Contractor compensation for the
16 ORD. NO. 47-96
performance of the Contract, the sums due as set forth in Section 51.70, subject to any conditions
or deductions as provided under the Contract. Contractor shall submit an invoice by the 10th of
each month for residential services rendered during the preceding month, and payments will be
made to the Contractor within 30 days upon receipt and verification of the invoice submitted.
Multi-family and commercial services will be billed directly by the Contractor in accordance with
the Schedule of Rates set forth in Section 51.70, subject to any conditions or deductions as
provided under this Agreement.
(B) Billing Procedures: Billing arrangements for the various service types are
summarized as follows:
Service Type Customer Billed By
Solid Waste Collection
Residential City
Commercial and Multi-Family Contractor
Vegetative Waste Collection
Residential City
Recyclable Materials Collection
Residential City
Commercial and Multi-Family Contractor
Container Rental/Purchase and Container Special Services
Residential City
Commercial and Multi-Family Contractor
On the first day of each month the Contract payment(s) for all services hereunder shall be adjusted
to correspond with the occupancy of existing or new buildings, and the demolition of old
buildings. The adjustment made on the first day of each month shall be for buildings either
occupied or demolished during the second month preceding the adjustments._~ Flor example, any
change which is made on June 1 of any year will be for buildings occupied or demolished in April
of the subject year. Any existing unit shall be considered unoccupied whenever the City has
temporarily terminated water service, at the customer's request only. Any new unit shall be
considered to be occupied when a certificate of occupancy has been issued and water service has
been provided to the unit's occupant(s). Proof of demolition shall be demolition permits issued by
the Building Department.
(C) Disposnl Costs: Residential and multi-family solid waste disposal costs shall not
be included with residential and multi-family collection service costs. Residential and multi-family
disposal costs will be billed by the Solid Waste Authority of Palm Beach County by non-ad
valorem assessment. The Contractor will be given a disposal credit for each residential unit as
calculated by the Solid Waste Authority; however, the City shall not be responsible for disposal
shortfall costs.
17 ORD. NO. 47-96
Part of the commercial disposal costs will be billed by the Solid Waste Authority by non-
ad valorem assessment. The non-assessment portion of the commercial disposal costs will be
billed to the commercial customers by the Contractor. The Contractor shall pay the Authority for
all solid waste disposal costs incurred and not paid through non-ad valorem assessment.
The Contractor shall bill commercial customers the appropriate fees as set forth in Section
51.70: (1) Container Monthly Maintenance Charge; (2) the Container Monthly Disposal Charge;
and (3) the Monthly Collection and Hauling Fees with a franchise fee as determined by the City
added. The Contractor shall remit all franchise fees to the City on a monthly basis. The City shall
not be responsible for any disposal shortfall costs; however, the charge for disposal to the
customer shall increase or decrease in accordance with the charges of the Solid Waste Authority.
The Contractor shall bill multi-family customers the appropriate fees as set forth in Section
51.70: (1) Container Monthly Maintenance Charge; and (2) the Monthly Collection and Hauling
Fees with a franchise fee and administrative fee as determined by the City added. The Contractor
shall remit all franchise and administrative fees to the City on a monthly basis. The City shall not
be responsible for any multi-family disposal shortfall costs.
Section 15. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.72, "Method of Billing for Charges", of the Code of Ordinances of the City of Dekay Beach,
Florida, be, and the same is hereby amended to read as follows:
Section 51.72 METHOD OF BILLING FOR CHARGES.
The regular monthly charges for residential services as set forth in Sec. 51.70, or any
additional charges for special, additional or unusual services shall be billed together with and as a
part of the monthly statement issued by the City for water services, at the same time as all other
charges._; ~ G_garbage and trash collection service charges shall be itemized separately
on that statement. However, the City's contractors shall bill the customers receiving ~
..................................... mu - an commerc se ce, as set
forth in Sec. 51.70, the monthly service charges for that service._; w?.:.ch This may include a late
fee in the amount of 1.5% of the unpaid balance for delinquent accounts receiving meehartie~
...., : ...... ~ ....... :n~ .~a ....... ' :~- multi family and iai service ~...+ a.~+ ~
Section 16. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.73, "Delinquent Payments; Lien", of the Code of Ordinances of the City of Dekay Beach,
Florida, be, and the same is hereby amended to read as follows:
18 ORD. NO. 47-96
Section 51.7:} DELINQUENT PAYMENTS; LIEN.
Any bill remaining unpaid for a period of thirty (30) days after rendition shall be
delinquent. A late fee shall be assessed by the City ce, ntra,,~c,r in the amount of 1.5% of the
unpaid balance on delinquent customer accounts receiving residential service. ~
r;, ........... , ,~ ,t.~.,..,..:~:~.,~ ~..~ v.,..,~, ;., +t.;~ ~t...,,~.. If a delinquent bill is not paid or a
protest or appeal is not filed (and later processed in accordance, generally, with the procedures set
forth in Sec. 52.51) within eighteen (18) days, the City may ah-21 file a lien against the property
and may pursue foreclosure of the lien; aa.. :" '~.,0 ...... ,,,,,,,, ,,.~' ~." -""~.,,~.,~,,.e,,,, .... as well as all other legal
remedies available to it, the owner being responsible for all costs and attorney's fees.
Section 17. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section
51.75, "Person Billed for Water shall be Responsible for Charges", of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
Section 51.75 PERSON BILLED FOR WATER SHALL BE RESPONSIBLE FOR
CHARGES.
The person or company in whose name water services are billed by the City shall be
considered and declared to be for the purpose of the enforcement of this chapter responsible for
the payment of those fees, rates and charges therefor-e, except that wherei~ no water service is
rendered and collection service is requested or deemed necessary these fees shall be the
responsibility of the owner or tenant of that property. All charges will continue whether or not
the water meter is actually turned on or off and without regard to usage or occupancy, except
when a customer requests temporary shut off of water services.
Section 18. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section 19. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
.Section 20. That this ordinance shall become effective immediately upon its passage at
second and final reading.
19 ORD. NO. 47-96
PASSED AND ADOPTED in regular session on second and final reading on this the ~
day of ,1996.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading.
ck5 lord.rev
20 ORD. NO. 47-96