129-85 ORDINANCE NO. 12 9- $ 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH~ FLORIDA~ AMENDING CHAPTER 12, "GARBAGE AND TRASH"~ OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH~ FLORIDA~
BY AMENDING SECTION 12-39~ "PROHIBITED ON PRIVATE
PROPERTY/PREMISES", TO PROVIDE THAT THE OWNER AS WELL AS THE
OCCUPIER MAY PROVIDE RECEPTACLES FOR THE COLLECTION OF
LITTER ON PRIVATE PROPERTY AND THAT THE OWNER AND/OR THE
OCCUPIER MAY BE RESPONSIBLE FOR THE EXISTENCE OF LITTER ON
OCCUPIED PRIVATE PROPERTY~ AMENDING SECTION 12-40~ "LITTER ON
VACANT LOTS"~ TO PROVIDE THAT THE OWNER SHALL BE RESPONSIBLE
FOR THE EXISTENCE OF EXPOSED LITTER ON PRIVATE PROPERTY;
AMENDING SECTION 12-41~ "DEPOSIT OF GARBAGE", TO PROVIDE THAT
BOTH THE OCCUPANT AND/OR THE OWNER MAY BE RESPONSIBLE FOR
THE EXISTENCE OF EXPOSED GARBAGE ON PRIVATE PROPERTY~ PRO-
VIDING A SAVING CLAUSE~ PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH~ FLORIDA~ AS FOLLOWS-'
Section 1. That Section 12-39, "Prohibited on private property/premises", of the Code of
Ordinances of the City of Delray Beach~ Florida~ be, and the same is hereby amended to read as
follows:
Sec. 12-39. Prohibited on private property/premises.
(a) No person shall throw or deposit litter on any occupied private property within
the city whether owned by such person or not, except that the owner or occupant may
maintain authorized private receptacles 'for collection in such manner that litter will be
prevented from being carried by the elements upon any street, sidewalk or other public
place or upon any private property.
(b) The existence of litter on any occupied private property within the city shall be
prima facie evidence that the owner and/or occupant put or caused the litter 'to be on said
private property.
(c) The occupant and owner shall at all times maintain the premises free of litter.
Section 2. That Section 12-40~ "Litter on vacant lots", of the Code of Ordinances of the
City of Delray Beach~ Florida, be, and the same is hereby amended to read as follows:
SEc. 12-~0. Litter on vacant lots.
(a) No person shall throw or deposit litter on any open or vacant private property
within the city whether owned by such person or not.
(b) The existence of exposed litter on any private property within the city shall be
prima facie evidence that the owner oc-c-eqaaa~ put or caused the litter to be on said private
property.
Section 3. That Section 12-41~ "Deposit of garbage", of the Code of Ordinances of the City
of Delray Beach, Florida, be, and same is hereby ~ended to read as follows:
Sec. 12-41. Deposit of garbage.
(a) No person shall deposit garbage except in a covered enclosed receptacle
complying with the requirements of this chapter.
(b) The existence of exposed garbage on any private property within the city shall
be prima facie evidence that the owner and/or occupant put or caused the garbage or litter
to be on said private property.
Section q. 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 5. That this ordinance shall become effective ten (10) days after its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
17th day of December ,1985.
ATTEST:
City ~rk '
First Reading November 26, 1985
5econdReading December 17e 1985
2 ORD. NO. 129-85