34-83 ORDINANCE NO. 34-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, REPEALING CHAPTER 12, "GARBAGE AND TRASH", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND ENACTING A NEW
CHAPTER 12, "GARBAGE AND TRASH", TO PROVIDE IN ARTICLE I, "IN GENERAL",
THE DEFINITIONS OF AREA AND UNIT, COMMERCIAL TRASH, CITY, CONTAINERS
AND RECEPTACLES, GARBAGE, HAZARDOUS REFUSE OR WASTE, HOUSEHOLD
TRASH, INDUSTRIAL WASTE, PARKING LOTS, PERSON, PREMISES, PRIVATE
PROPERTY, PUBLIC PROPERTY, REFUSE, ROLL-OUT CARTS, AND YARD TRASH; TO
PROVIDE FOR VIOLATIONS AND PENALTIES FOR VIOLATIONS OF ANY OF THE
PROVISIONS OF THIS CHAPTER; TO PROVIDE THAT GARBAGE AND TRASH
COLLECTION IS RESERVED EXCLUSIVELY IN THE CITY OR ITS CONTRACTORS WITH
EXCEPTIONS IN CERTAIN AREAS AND FOR CERTAIN TYPES OF COLLECTION
SERVICES; TO PROVIDE THAT NO PROFIT REQUIREMENT AS A MATTER OF LAW
FOR CITY CONTRACTORS/FRANCHISEES; TO PROVIDE FOR APPROVAL OF
CONTAINERS; TO PROHIBIT UNDERGROUND CONTAINERS; TO PROVIDE FOR THE
RESPONSIBILITY OF MAINTENANCE OF CONTAINERS FURNISHED BY THE CITY; TO
PROVIDE FOR PLACEMENT OF CONTAINERS AND PRECOLLECTION PRACTICES; TO
PROVIDE FOR AND MAKE UNLAWFUL CERTAIN SPECIAL REFUSE DISPOSAL
PROBLEMS; TO PROVIDE FOR THE PREPARATION OF GARBAGE; TO REQUIRE
CONTAINERS TO BE COVERED; TO PROVIDE FOR THE PREPARATION OF TRASH; TO
PROHIBIT THE DEPOSITING OR BURYING OF OFFENSIVE DEPOSITS ON LAND OR
WATERWAYS; TO PROHIBIT THE DEPOSITING OF GARBAGE OR TRASH OTHER THAN
IN APPROVED CONTAINERS; TO PROVIDE FOR THE LEVYING OF REGULAR SERVICE
CHARGES OR FEES, AND TO MAKE PROVISION FOR THE LEVYING OF ADDITIONAL
CHARGES BY THE CITY OR ITS CONTRACTORS FOR SPECIAL, ADDITIONAL, OR
UNUSUAL SERVICES; TO PROVIDE FOR THE METHOD OF ,BILLING FOR SUCH
REGULAR MONTHLY CHARGES AND/OR ANY ADDITIONAL CHARGES; TO PROVIDE
FOR DELINQUENT BILLS; TO PROVIDE FOR CHARGES WHEN PROPERTY IS
UNIMPROVED; TO PROVIDE THAT PERSONS BILLED FOR WATER SERVICES SHALL
BE RESPONSIBLE FOR GARBAGE AND TRASH CHARGES; TO PROVIDE FOR
COLLECTION CHARGES FOR BAD CHECKS; TO PROVIDE FOR RESPONSIBILITY FOR
TRASH COLLECTION AND TO PROVIDE FOR ADMINISTRATION OF THIS GARBAGE
AND TRASH ARTICLE; AND TO PROVIDE IN ARTICLE II, "LITTER", A TITLE FOR THIS
ARTICLE; TO PROVIDE FOR DEFINITIONS OF AIRCRAFT, ANIMAL, AUTHORIZED
PRIVATE RECEPTACLE, COMMERCIAL HANDBILL, LITTER, NEWSPAPER,
NONCOMMERCIAL HANDBILL, OCCUPANT, PARK, PRIVATE PREMISES, PUBLIC
PLACE, RUBBISH, AND VEHICLE; TO PROVIDE FOR ENFORCEMENT OF THIS
ARTICLE; TO PROHIBIT THE THROWING OR DEPOSITING OF LITTER IN OR UPON
ANY PUBLIC PLACE WITHIN THE CITY EXCEPT IN RECEPTACLES PROVIDED; TO
PROHIBIT SCATTERING, STORING OR LITTERING; TO PROHIBIT THE SWEEPING INTO
OR DEPOSITING OF LITTER IN STREETS; TO PROVIDE FOR THE DUTY OF THE
OWNER OR' OCCUPANT OF A PLACE OF BUSINESS TO KEEP THE BUSINESS
PREMISES FREE OF LITTER; TO PROHIBIT THE THROWING OR DEPOSITING OF
LITTER ON ANY OCCUPIED PRIVATE PROPERTY; TO PROHIBIT THE THROWING OR
DEPOSITING OF LITTER ON ANY OPEN OR VACANT PRIVATE PROPERTY; TO
PROHIBIT THE DEPOSITING OF GARBAGE EXCEPT IN COVERED, ENCLOSED
RECEPTACLES; TO PROHIBIT THE THROWING OR DEPOSITING OF LITTER UPON
ANY STREET FROM VEHICLES; TO PROHIBIT OTHER LITTER FROM VEHICLES,
INCLUDING PROVISIONS REQUIRING REMOVAL OF CONCRETE OR OTHER
SUBSTANCES WHICH HAVE THE ABILITY TO PERMANENTLY AFFIX THEMSELVES TO
THE ROAD SURFACE; TO PROHIBIT LITTERING IN PARKS; TO PROHIBIT LITTERING
IN ANY BODIES OF WATER; TO PROHIBIT THE DISTRIBUTION OF CIRCULARS,
THROW-AWAYS, AND HANDBILLS UNDER CERTAIN CIRCUMSTANCES; TO PROHIBIT
THE DISTRIBUTION OF COMMERCIAL AND NONCOMMERCIAL HANDBILLS IN
PUBLIC PLACES EXCEPT WITH A PERMIT AND EXCEPT TO PERSONS WILLING TO
ACCEPT SAME; TO PROHIBIT THE PLACING OF HANDBILLS ON VEHICLES; TO
PROHIBIT THE DEPOSITING OF HANDBILLS ON UNINHABITED OR VACANT
PROPERTY; TO PROHIBIT THE DISTRIBUTION OF HANDBILLS ON PRIVATE PREMISES
WHERE SUCH PREMISES ARE POSTED; TO REGULATE THE DISTRIBUTION OF
HANDBILLS AT INHABITED PRIVATE PREMISES, AND FOR EXEMPTIONS; TO
PROHIBIT DROPPING FROM AIRCRAFT OF ANY LITTER, HANDBILL OR OTHER
OBJECTS; TO PROHIBIT THE POSTING OF NOTICES ON PUBLIC STRUCTURES OR
PROPERTY; PROVIDING A SAVING CLAUSE; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORDIA, AS FOLLOWS:
Section 1. That Chapter 12, "GARBAGE AND TRASH", of the Code of Ordinances of the City
of Delray Beach, Florida, is hereby repealed and a new Chapter 12, "GARBAGE AND TRASH", be, and
the same is hereby enacted to read as follows:
Chapter 12
GARBAGE AND TRASH
ARTICLE I. IN GENERAL
Sec. 12-1. Definitions.
For the purpose of this Article, the following terms, phrases, words, and their derivatives shall
have the meaning given herein and shall apply in the interpretation and enforcement of this Chapter.
When not inconsistent with the context, words used in the present tense include the future; words in
the plural number include singular number; and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
(a) Area~ unit
(1) Loading and unloading area means 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.
(2) Multiple family residential unit means any duplex, apartment, group of apart-
ments, or condominium used for dwelling places of more than one family.
(3) Single family residential unit means any dwelling place occupied by one family.
(b) Bulky Wastes are large discarded items placed for disposal such as large boxes, barrels,
e~rates, large furniture, and large appliances, but not including Yard and Garden trash
items, as defined herein.
(e) Commercial Trash shall mean any and all accumulations of paper; rags; excelsior;
wooden, paper or cardboard boxes or containers; sweepings; furniture; applieanees; tires;
and any other accumulation not included under the definition of garbage, generated by
the operation of stores, offices, public buildings and other business places. Commercial
trash shall also include all trash placed in public receptacles in public places for
collection.
(d) City means the City of Delray Beach, Florida, or the City's authorized agent(s) or
contractor(s).
(e) Containers~ reeeDtaeles
(1) Bulk container means a metal container of not less than two (2) cubic yards nor
larger than eight (8) cubic yards, made of watertight construction with doors
opening on two (2) sides and top, and constructed so that it can be emptied
mechanically by specifically equipped trucks. Such containers shall be kept
covered at all times.
(2) Detachable container means a unit varying in capacity between fifteen (15) cubic
yards and forty (40) cubic yards which is used for collecting, storing and
transporting building materials, business trash, industrial Waste, hazardous refuse,
refuse, or yard trash. The unit may or may not use an auxiliary stationary packing
mechanism for compaction of materials into the container and may be of the open
or enclosed variety. The distinguishing feature of the detachable container is that
2 ORD. NO. 34-83
it is picked up by a specially equipped truck and becomes an integral part of the
truck for transporting the waste materials to the disposal site.
(3) Portable packing unit means a metal container not exceeding four thousand five
hundred (4,500) pounds gross weight with a four (4) to six (6) cubic yard capacity
that contains a packing mechanism and an internal or external power unit.
(4) Refuse receptacle means a metal or plastic container for refuse, of substantial
construction, with a tight-fitting lid, and provided with wheels and/or handles
sufficient for safe and convenient handling. Such receptacles shall have a
capacity of not less than ten (10) gallons nor more than ninety (90) gallons if on
wheels, nor more than thirty (30) gallons if not on wheels, and shall be kept in
serviceable condition at all times.
(5) Yard trash containers means either refuse receptacles, boxes, or standard home
trash compactor two-ply paper bags and polyethylene plastic bags meeting the
standards set for trash bags by the City Manager or his designee. Such containers
shall be of such shape, size, and weight that, when full, they are capable of being
safely handled by one person. Paper or plastic bags shall be closed by a tight-
sealing method of suitable type, such as drawstring, wire tie, or multiple folds.
Containers shall be kept covered or closed at all times. Boxes should be closed
and tied so as to be handled easily.
(f) Garbage shall mean any and all accumulations of animal, fruit or vegetable matter that
attends the preparation, use, cooking, and dealing in, or storage of, meats, fish, fowl,
fruit, vegetables, and any other matter, or any nature whatsoever which is subject to
decay, putrefaction and the generation of noxious and offensive gases or odors, or. which,
during and after decay may serve as breeding or feeding material for flies and/or other
germ earring insect; bottles, cans, or other food containers which due to their ability to
retain water may serve as a breeding place for mosquitoes or other water breeding
insects.
(g) Hazardous refuse or waste shall mean materials or combinations of materials which
require special management techniques because of their acute and/or chronic effects on
air and water quality; on fish, wildlife, or other biota; and on the health and welfare of
the public. These "hazardous materials" include, but are not limited to, volatile,
chemical, biological, explosive, flammable, radioactive and toxic materials.
(h) Household trash shall mean any and all accumulations of waste material from the
operation of a home, which is not included within the definition of garbage. Household
trash shall include, but not be limited to, all small appliances, small furniture, yard toys,
building material waste from residential do-it-yourself projects. Waste generated by the
building contractors or subcontractors and waste generated by tree surgeons is not
household trash.
(i) Industrial waste shall mean any and all debris and waste products generated by canning,
manufacturing, food processing (except restaurants), land clearing, building construction
or alteration (except residential do-it-yourself projects), and public works type construc-
tion projects whether performed by a governmental unit or by contract.
(j) Parking lots mean commercial and public lots designed for the parking of any vehicles
with the exeception of residential parking.
(k) Person means any natural person, owner, agent, corporation, partnership, association,
firm, receiver, guardian, trustee, executor, administrator, fiduciary, occupant, leasee,
tenant, or representative or group of individuals or entities of any kind.
(1) Premises means lots, sidewalks, alleys, rights-of-ways, grass strips, and curbs up to the
edge of the pavement of any public thoroughfare.
(m) Private property means property owned by any person or persons as defined herein
including but not limited to yards, grounds, driveways, entrance or passage ways, parking
areas, storage areas, vacant land, and/or body of water, and including sidewalks, grass
3 ORD. NO. 34-83
strips, and one-half of adjacent alleys. 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.
(n) Public property means 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.
(o) Refuse means solid waste accumulations consisting of garbage, household trash, yard
trash, and commercial trash as herein drafted.
(p) Residential do-it-yourself projects shall solely mean minor 'residential repairs done
exclusively by the homeowner himself/herself.
(q) Roll-Out Carts are 80 to 90 gallon wheeled containers of a type approved by the City
Manager or his designee, and shall be equipped with wheels, and a lid latch that will keep
the lid closed if the cart should be knocked or blown over.
'(r) Yard and Garden trash shall include the term "garden and yard trash" and shall mean any
and all accumulations of grass, palm fronds, leaves, branches, shrubs, vines, trees, tree
stumps, and other similar items generated by the maintenance of lawns, shrubs, gardens
and trees.
Sec. 12-2. Violations, penalties.
(a) It shall be unlawful for any person to neglect, fail or refuse to comply with
and abide by any of the provisions of this chapter. The performance on each day of any
prohibited act or practice or the failure to perform on each day of any required act or
practice shall constitute a separate and distinct violation of this chapter and a separate
offense hereunder and shall be punishable as such.
(b) Any person who is convicted of violating Article I or Article II of this chapter
shall be fined not less than fifty dollars ($50.00) for the first conviction, not less than
one hundred dollars ($100.00) for a second conviction for violating the same provision
within one year of the first conviction, and not less than two hundred fifty dollars
($250.00) for a third and subsequent conviction for violating the same provision within
two (2) years of the 'first conviction.
Sec. 12-3. Garbage and trash collection reserved exclusively in the City or its contractors; exception
in certain areas; exception for certain type of collection services; no profit requirement for
City contractors/franchisee.
(a)(i) The governmental function of collection, removal and disposition of all
garbage and trash (except garden trash) within the municipal limits of the City is hereby
exclusively vested in the municipal government of said City or its contractor(s), and all
other individuals, persons, firms, or corporations are hereby specifically and expressly
prohibited from engaging in such practice or business within the corporate limits of the
City and from utilizing the publicly dedicated streets, alleys, and other thoroughfares for
said purposes.
(ii) The provisions of Section 12-3(a)(i) notwithstanding, within Sections 1 through
7, inclusive, of High Point Condominiums and Sections 1 through 8, inclusive, of Country
Manors Condominium, the respective condominium associations shall contract with the
person, firm, or corporation of the association's choice to provide garbage and trash
collection services. Sections 1 through 7, inclusive, of High Point Condominiums and
Sections 1 through 8, inclusive, of Country Manors Condominium shall be exempt from
the charges contained in this chapter.
(iii) The exemption granted for High Point [Condominiums,] Sections 1 through 7,
inclusive, and Country Manors [Condominium,] Sections 1 through 8, inclusive, shall
expire on December 31, 1983, and as of January 1984, the City shall again have exclusive
jurisdiction to provide garbage and trash services (except garden trash) for this area as
set forth in Section 12-3(a)(i), above.
4 ORD. NO. 34-83
(b)(i) Provided further that, upon the express written approval of the City
Manager, an exception to City garbage and trash services as required in Subsection 12-
3(a) may be granted to commercial or industrial establishments or to developments or
homeowners/condominium associations of over one hundred (100) units, located within
clearly defined boundaries, for the collection, removal and disposition of all garbage and
trash (except garden trash) ~where such garbage and trash is to be placed in stationary
compactor units and compactor containers or like construction/bulk containers. Such
exception shall only be granted where sufficient proof is presented to the City Manager
that such development or homeowners/condominium association is of a sufficient size; is
within sufficient, clearly defined boundaries (so as to not interfere with City garbage and
trash collection services) and that such development or homeowners/condominium
association has, pursuant to any applicable internal I)ylaws or covenants and restrictions,
properly contracted with an independent contractor to provide such garbage and trash
collection, removal and disposition services at their own expense, and that said contract
is made expressly subject to the granting of the exception by the City Manager. The
decision to grant such exception shall be solely that of the City Manager at his
discretion.
(ii) No such contracts shall be acceptable to the City where the duration of such
contract extends beyond the expiration date of these exception provisions (Subsection 12-
3(b)(iii)), unless express permission is received from the City Council.
(iii) All exceptions granted pursuant to the provisions set forth above (Subsection
12-3(b)), shall expire on September 30, 1985, and thereafter the City shall again have sole
and exclusive jurisdiction to provide all garbage and trash services (except garden trash)
for all areas within the municipal limits of the City as set forth in Section 12-3(a)(i),
above, and to regulate and prescribe the manner, method, procedures and equipment for
such garbage and trash services.
(c) Any other applicable ordinances or laws to the contrary notwithstanding, all
contractors with and/or franchisees of the City shall be required to properly and timely
fulfill all the terms and conditions of their contracts/franchises, including all fees and
prices, and such contractors/franchises, or their agents or subsidiaries shall not, as a
matter of law, be entitled to a profit on their respective franchises/contracts.
Sec. 12-4. Containers required.
(a) Residential and commercial sites. It shall be unlawful for the owner of any
real property in or from which litter is accumulated or produced to fail to provide, and
at all times to keep in a suitable place readily accessible to the City collection crews or
private collection agencies, adequate and suitable receptacles and containers capable of
holding all such waste materials which would ordinarily accumulate between the times of
successive collections. Ail 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
Article, 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 or his designee shall determine the
quantity and location of said receptacles and determine whether said receptacles and
containers are serviceable.
(b) Construction and demolition sites. It shall be unlawful for any construction
and/or demolition contractor to fail to provide onsite suitable receptacles for loose
debris, paper, building material waste, scrap building material, and other trash produced
by those working on the site. All such material shall 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 such receptacles, bulk containers or detachable containers shall be determined
by the City Manager or his designee. Construction sites shall be kept reasonably clean
and orderly at all times.
(c) Loading and unloading areas. It shall be unlawful for any person maintaining
a loading or unloading area to fail to provide suitable receptacles for loose debris, paper,
packaging materials and other trash. The number of containers necessary for each area
shall be as required to maintain clean, neat and sanitary premises as directed by the City
Manager or his designee.
5 ORD. NO. 34-83
(d) Parking lots. All commercial and public parking lots having more than 100
spaces shall have refuse receptacles distributed within the parking area. The City
Manager or his designee shall have the authority to determine the number of receptacles
necessary to provide proper containerization. Such receptacles shall be weighted or
attached to the ground as necessary to prevent spillage. It shall be the responsiblity of
the owner of the parking lot to provide the necessay receptacles and to collect the
refuse and trash deposited in such containers and store this material in an approved
location for collection.
Sec. 12-5. Approval of containers.
Garbage cans, and yard and garden trash containers, shall be of such size, style
and design as have been approved by the City Manager or his designee for the
accumulation, deposit and storage, respectively, of such garbage and trash.
Sec. 12-6. Underground containers prohibited.
Containers partially or totally below the surface of the ground are hereby
prohibited except as to those containers in use on July 3, 1975. Garbage in such
containers partially or totally below the surface of the ground must be placed in plastic
bags.
Sec. 12-7. Maintenance of containers furnished by City.
It shall be the responsibility of the users of garbage and yard trash containers
furnished by the City to clean and maintain such containers in a sanitary condition.
Sec. 12-8. Placement of containers and preeolleetion 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) Building materials originating prior to, during or subsequent to the construc-
tion 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.
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 eurbside. Discarded lumber pieces must be no
longer than four (4') feet without nails. Larger materials may be picked up by special
request at an additional charge.
(e) 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. 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.
(d) Hazardous refuse. It shall be unlawful to place hazardous refuse in any
receptacle used for collection by the City.
(e) Household furniture and/or appliances shall not be placed at curbside except
as herein stated. Upon request, the City may collect normal household discarded
furniture and/or appliances, including but not limited to sofas, chairs, bed, 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.
6 ORD. NO. 34-83
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 such an extent
that it is impossible for a child to obtain access to any airtight compartment thereof.
(f) Household trash. It shall be unlawful to place household trash which has not
been drained of all liquids in refuse receptacles. Household trash may be combined with
garbage or yard trash. Any items of household trash which are too large for receptacles
and cannot be reduced to a size which can be placed in a receptacle may be placed with
yard trash no earlier than 5:00 p.m. on the day preceding the collection date for such
material, provided such items are covered or secured so as to avoid unsightly litter
conditions. Any receptacle placed at curbside must be removed by 7:00 P.M. on the day
of collection.
(g) Industrial waste. Industrial waste shall be collected, removed and disposed of
solely by the operator of the factory, plant or enterprise creating or causing same.
(h) Liquid garbage. In order to prevent spillage, garbage which contains liquid
must be wrapped, bagged or otherwise enclosed in plastic containers for collection.
(i) Mechanical containers Placement of containers emptied by mechanical
means shall be determined by the City Manager or his designee. The following materials
shall not be permitted to be placed in such containers:
(1) Tires
(2) Motor vehicle parts
(3) Carpet and/or padding larger than 3' x 3'
(4) Metal pipe in excess of 1/2" x 3'
(5) Construction or building materials
(6) Wood in excess of l"x 2" x 3'
(j) 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.
(k) Tree and shrubbery trimmings. For regular collection, no tree trunks or
branches, (except palm tree trunks and palm fronds), limbs or shrubbery longer than four
(4) feet or heavier than fifty (50) pounds shall be collected by the City. Tree and
shrubbery limbs shall have protruding branches trimmed and must be neatly stacked,
bundled and tied, and placed in an orderly manner at curbside. Trimmings in excess of
the above requirements may be collected at an additional charge on special request.
Tree and shrubbery branches, limbs and trimmings cut by landscape or tree
service contractors or other commercial work or resulting from land being cleared by a
contractor shall not be collected.
(1) Yard and garden trash. It shall be unlawful to store yard trash in receptacles
or containers except as herein described. Yard and garden trash may be combined in a
receptacle for garbage collection provided the contents of such receptacles or containers
shall not extend above the rim thereof, and shall be contained by tight fitting lids or
sealed enclosure to prevent the carrying or depositing thereof by the elements upon any
street, sidewalk, or public or private property. Yard and garden trash shall be placed
only near the edge of the roadway adjacent to the property from which it was generated.
Yard and garden trash for collection shall be placed at the required location no earlier
than 5:00 on the day preceding the collection date.
Sec. 12-9. Special refuse disposal problems.
(a) Ashes. It shall be unlawful to place ashes or live coals in containers unless
said ashes or coals have been wetted and/or are cool to the touch prior to collection.
7 ORD. NO. 34-83
(b) Cardboard boxes and cartons. It shall be unlawful for any person disposing of
cardboardboxes,cartons,orcrat esinmechanicalcontainersto failto collapsesam e
prior to depositing such refuse for collection.
(c) Conta~ous disease refuse. It shall be unlawful to remove clothing, bedding
or other refuse from homes or other places where highly contagious diseases have
prevailedunlessperfor m edunderthesupervisionanddirectionoftheCountyHealth
Department. Such refuse shall not be placed in containers for City collection.
(d) Hypodermic instruments. It shall be unlawful for any person to dispose of or
discard any hypodermic syringe, hypodermic needle or any instrument or device for
making hypodermic injections before first breaking, disassembling, destroying, or other-
wise rendering inoperable and incapable of reuse, such hypodermic syringe needle,
instrument or device, and without safeguarding the disposal thereof, by wrapping or
securing same in a suitable manner so as to avoid the possibility of causing injury to the
collection personnel.
(e) ]]legal dumping. It shall be unlawful to dispose or discard any garbage, trash
or litter on property owned or controlled by someone else.
(f) Out-of-town refuse. It shall be unlawful for any person or agent to deposit
any form of refuse collected outside of the City limits of the City of Delray Beach at
any place within the City limits of the City of Delray Beach other than at the transfer
station.
(g) Use of reeeDtacles~ etc. of other persons. It shall be unlawful for persons to
use receptacles, containers, or roll-out-carts owned/assigned to other persons.
Sec. 12-10. Preparation of garbage.
All wet garbage matter shall be wrapped in paper or disposable containers before
being placed in garbage containers. All garbage, after having been so wrapped and
drained of all liquids, shall be daily deposited in the garbage containers herein required.
Tin cans, bottles and other containers shall first be drained of all liquid and shall be
deposited in garbage containers.
Sec. 12-11. Containers to be covered.
All garbage and trash containers shall be kept tightly covered at all times, except
as it is necessary to remove the cover for the purpose of depositing garbage or trash in
the container or when collection is being made.
Sec. 12-12. Preparation of trash.
Trash shall be placed in trash containers whenever practicable. All trash shall be
so prepared and contained so as not to be blown about by the wind.
Sec. 12-13. Offensive deposits; burying, depositing in waterways.
No person shall deposit on or bury in, or cause to be deposited on or buried in, any
land, public square, street, alley, vacant or unoccupied lot or any creek or watercourse
any noxious, filthy, malodorous, or offensive liquid or solid material, garbage or trash.
Sec. 12-14. Deposit other than in approved container.
No person shall place or keep garbage or trash anywhere within the City in any
vessel or receptacle other than in a standard, approved garbage or trash container from
which regular collections are made.
Sec. 12-15. Regular charges levied.
The following regular service charges or fees are hereby levied for garbage and
trash service provided by City or its contractors. Provided further, however, that
additional charges may be levied by the City or its contractors for special, additional, or
unusual services.
8 ORD. NO. 34-83
(a) Residential dwelling unit: Regular charges for garbage pick-up shall
be as follows and shall commence when a certificate of occupancy is
issued for a residential dwelling unit and shall continue monthly
thereafter unless service is discontinued in accordance with Section
12-17:
(1) Each residential dwelling unit receiving "hand pickup" type
service, utilizing containers as described in Section 12-1 for
"garbage can" shall be charged eight dollars and seventy-five
cents ($8.75) per month for garbage pickup.
(2) Each residential dwelling unit receiving "front-end container"
type service, utilizing mechanically dumped containers provided
by the City shall be charged six dollars and twenty-five cents
($6.25) per month for garbage pick-up.
(3) The types of services to be received by a residential dwelling
unit shall be subject to the approval of the City Manager or his
designee, however, in no event shall commercial container
service be provided to a residential multi-unit complex of less
than six (6) units, except where collection service is provided to
living units located in a commercial establishment.
(b) Offices: For the purpose of this Subsection an office is defined as a
location where a commercial or professional activity is conducted
which does not involve the sale of commodities, or goods on the
premises. The term "offices" does not include offices for the
treatment of animals on the premises. The monthly service charge
shall be two dollars and thirty cents ($2.30) per cubic yard and will be
calculated by multiplying two dollars and thirty cents ($2.30) times
the number of cubic yards of capacity of the container being used
times the number of pickups per month. The charge 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 Manager
or his designee shall be used. The minimum monthly charges are as
follows:
(1) For a single office serviced by one container, the minimum
monthly charge is ten dollars and twenty-five cents ($10.25).
(2) For groups of offices serviced by one container, despite the fact
that some offices in the group may be vacant, the monthly
minimum charge per office is three dollars ($3.00). If any group
has less than four (4) offices, the monthly minimum charge for
the group is ten dollars and twenty-five cents ($10.25).
(c) Commercial and users other than those specified in (a) and (b)
above: The monthly service charge shall be two dollars and thirty
cents ($2.30) per cubic yard and will be calculated by multiplying two
dollars and thirty cents ($2.30) times the number of cubic yards of
capacity of the container being used times the number of pickups per
month. The charge 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 Manager or his designee shall be used.
The minimum monthly charge for the availability of this service is
ten dollars and twenty-five cents ($10.25) per month per user. Where
more than one user is serviced by one container, and the cubic yard
charge is less than the total of ten dollars and twenty-five cents
($10.25) per user so serviced then the minimum monthly charge of ten
'dollars and twenty-five cents ($10.25) shall be levied as to each user
serviced by the one container. The term "user" as employed herein is
any person using the service or to whom the service is available.
9 ORD. NO. 34-83
Even if the user is different from the person who is billed for or pays
for the service, the minimum monthly charge, referred to above,
shall be calculated as to each user. If a container is being used by
one or more offices in conjunction with the type of user specified in
this Subsection, then the minimum for each user shall be calculated
on the basis of the group use rates applicable to each category.
Sec. 12-16. Method of billing for charges.
The regular monthly charge as set forth in Section 12-15, above, and/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 such other charges, provided that such garbage and trash collection service
charges shall be itemized separately on such statement.
Sec. 12-17. Delinquency.
Any bill remaining unpaid for a period of thirty (30) days after rendition shall be
delinquent. If a delinquent bill is not paid, or a protest or appeal is filed (and later
processed in accordance, generally, with the procedures set forth in Section 29-22 of the
Code of Ordinances) within eighteen (18) days, the City shall file a lien against the
property and may pursue foreclosure of said lien, as in the case of a mortgage, as well as
all other legal remedies available to it, the owner being responsible for all costs and
attorney's fees.
Sec. 12-18. Charge when property unimproved.
If water is being furnished the premises of any owner and there is no service
furnished under this chapter because of no improvements or buildings on the premises, no
fee will be charged under this chapter. However, the failure of a tenant or owner of any
premise to avail himself of the use of City water or collection service shall not relieve
him from the payment of collection service charges.
Sec. 12-19. Person billed for water 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 such fees, rates and charges therefore, except that
wherein no water service is rendered and collection service is requested or deemed
necessary such fees shall be the responsibility of the owner or tenant of s.uch property.
Sec. 12-20. Collection charge for bad checks.
In the event a check given to the City in payment of a utility bill for garbage and
trash pickup services is not paid by the bank on which it is drawn, but returned, the City
shall assess a five dollar ($5.00) service charge for each cheek so returned; and this
charge shall be added to the utility bill.
Sec. 12-21. Responsibility for trash collection.
Persons engaged in either commercial landscape or lawn maintenance business
shall be responsible for hauling trash generated by their activities to the City's disposal
area.
Sec. 12-22. Adminstration.
All garbage and trash shall be placed in containers as herein specified or
otherwise prepared in accordance herewith or it will not be picked up by the City. The
administration of the provisions of this Article shall be the duty of the City Manager or
his designee except as otherwise stated.
10 ORD. NO. 34-83
ARTICLE II. LITTER
Sec. 12-32. Short title.
This article shall be known and may be cited as the "Delray Beach Anti-Litter
Ordinance".
$ec.12-33. Definitions.
For the purposes of this Article the following terms, phrases, words and their
derivations shall have the meaning given herein.
(a) Aircraft is any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air-dirigibles and balloons.
(b) Animal shall include every dumb creature.
(e) Authorized private receptacle is a litter storage receptacle.
(d) Commercial handbill is any printed or written matter, any sample or
device, dodger, circular, leaflet, pamphlet, paper, booklet or any
other printed or otherwise reproduced original or copies of any
matter of literature:
(I) Which advertises for sale any merchandise, product, commodity
or thing; or
(2) Which directs attention to any business or mercantile or eomme
reial establishment, or other activity, for the purpose of either
directly or indirectly promoting the interest thereof by sales; or
(3) Which directs attention to or advertises any meeting, theatrical
performance, exhibition, or event of any kind, for which an
admission fee is charged for the purpose of private gain or
profit; but the terms of this clause shall not apply where an
admission fee is charged or a collection is taken up for the
purpose of defraying the expenses incident to such meeting,
theatrical performance, exhibition or event of any kind, when
either of the same is held, given or takes place in connection
with the dissemination of information which is not restricted
under the ordinary rules of decency, good morals, public peace,
safety and good order; provided, that nothing contained in this
clause shall be deemed to authorize the holding, giving or taking
place of any meeting, theatrical performance, exhibition, or
event of any kind, without a license, where such license is or
may be required by any law of this Sta. te, or under any ordinance
of this City; or
(4) Which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement, and is
distributed or circulated for advertising purposes, or for the
private benefit and gain of any person so engaged as advertiser
or distributor without cost to the receipient.
(e) Litter shall mean all discarded materials, including but not limited to
waste materials, building materials, commercial trash, garbage,
household trash, industrial waste, refuse, and yard trash as specified
herein, below.
(1) Building material means any materials or other substances
accumulated as a result of repairs or additions to existing
building, construction of new buildings or demolition of existing
structures.
ORD. NO. 34-83
(2) Commercial trash shall mean any and all accumulations of paper;
rags; excelsior; wooden, paper or cardboard boxes or containers;
sweepings; furniture; appliances; tires; and any other
accumulation not included under the definition of garbage,
generated by the operation of stores, offices, public buildings
and other business places. Commercial trash shall also include
all trash placed in public receptacles in public places for
collection.
(3) Foul odors mean odors emanating from garbage or other waste
materials.
(4) Garbage is hereby defined to mean any and all accumulations of
animal, fruit or vegetable matter that attends the preparation,
use, cooking, and dealing in, or storage of, meats, fish, fowl,
fruit, vegetables, and any other matter, or any nature whatso-
ever which is subject to decay, putrefaction and the generation
of noxious and offensive gases or odors, or which, during and
after decay may serve as breeding or feeding material for flies
and/or other germ earring insects; bottles, cans, or other food
containers which due to their ability to retain water may serve
as a breeding place for mosquitoes or other water breeding
insects.
(5) Hazardous refuse or waste shall mean materials or combinations
of materials which require special management techniques
because of their acute and/or chronic effects on air and water
quality; on fish, wildlife, or other biota; and on the health and
welfare of the public. These "hazardous materials" include, but
are not limited to, volatile, chemical, biological, explosive,
flammable, radioactive and toxic materials.
(6) Household trash shall mean any and all accumulations of waste
material from the operation of a home, which is not included
within the definition of garbage. Household trash shall include,
but not be limited to, all small appliances, small furniture, yard
toys, and building material waste from residential do-it-yourself
projects. Waste generated by building contractors or
subcontractors and waste generated by tree surgeons is not
household trash.
(7) Industrial waste shall mean any and all debris and waste products
generated by canning, manufacturing, food processing (except
restaurants), land clearing, building construction or alteration
(except residential do-it-yourself projects), and public works
type construction projects whether performed by a governmental
unit or by contract.
(8) Refuse means solid waste accumulations consisting of garbage,
household trash, yard trash, and commercial trash as herein
described.
(9) Yard and garden trash shall include the term "garden and yard
trash" and shall mean any and all accumulations of grass, palm
fronds, leaves, branches, shrubs, vines, trees, tree stumps, and
other similar items generated by the maintenance of lawns,
shrubs, gardens and trees.
(f) Newspaper is a newspaper printed and published periodically once a
week or oftener, containing at least twenty-five per cent (25%) of its
words in the English language, entered or qualified to be admitted
and entered as second-class matter at a post office in the county
where published, for sale to the public generally, available to the
12 ORD. NO. 34-83
public generally for the publication of official or other notices and
customarily containing information of a public character or of
interest or of value to the resident or owners of property in the
county where published, or of interest or of value to the general
public.
(g) Noncommercial handbill is any printed or written matter, any sample,
or device, dodger, circular, leaflet, pamphlet, newspaper, magazine,
paper booklet or any other printed or otherwise reproduced original
or copies of any matter of literature not included in the aforesaid
definitions of a commercial handbill or newspaper.
(h) Occupant is the person who has the use, possession or control of the
private premises or business premises regardless of the ownership of
the property.
(i) Park is a park, playground, beach, recreation center or any other
public area in the City owned or used by the City and devoted to
active or passive recreation.
(j) Private premises shall include the term "private property" as defined
in Section 12-1(1), and is any dwelling, house, building or other
structure, designed or used either wholly or in part for private
residential purposes, whether inhabited or temporarily or
continuously uninhabited or vacant, and shall include any yard,
grounds, walk, driveway, porch, steps, vestibule or mailbox belonging
or appurtenant to such dwelling, house, building or other structure.
(k) Public place shall include the term "public property" as defined in
Section 12-1(m), and is any and all streets, sidewalks, boulevards,
alleys or other public ways and any and all public parks, beaches,
grounds, buildings and wherever the public has a right to travel
motor vehicle.
(1) Rubbish is nonputreseible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrapping, cigarettes,
cardboard, cans, yard clippings, tree trunks and branches, wood,
glass, bedding, bottles, crockery, broken concrete material from
demolishing, repairing or remodeling buildings and similar materials.
(m) Vehicle is every device in, upon or by which any person or property is
or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
Sec. 12-34. Enforcement.
This Article shall be enforced in the manner prescribed by law by any appropriate
department of the City so designated by the City Manager or his designee for such
enforcement.
Sec. 12-35. Prohibited in public places.
No person shall throw or deposit litter in or upon any public place within the City
except in receptacles provided for same.
Sec. 12-36. Scattering, Storing or Littering Prohibited.
It shall be unlawful for any person to scatter, cast, throw, place, sweep or deposit
anywhere within the City any litter in such a manner that it may be carried or deposited
by the elements upon any street, sidewalk, alley, body of water, sewer, lot, public
property or private property.
13 ORD. NO. 34-83
Sec~ 12-37. Prohibited in streets.
(a) No person shall sweep into or deposit litter in any gutter, street, or other
public place within the City. Persons owning or occupying property shall keep the
sidewalk, parking area, right-of-way and street area abutting their premises free of
litter.
(b) The existence of litter on the sidewalk, parking area, right-of-way, or street
area abutting said premises shall be prima facie evidence that the owner or person
occupying the said premises is in violation of the law.
Sec. 12-38. Duty to keep business premises free of litter.
(a) No person owning or occupying a place of business shall sweep into or deposit
in any gutter, street or other public place within the City the accumulation of litter
from any building or lot or from any public or private sidewalk or driveway. Persons
owning or occupying places of business within the City shall keep the front, rear and side
areas around business premises free of litter.
(b) The existence of litter on the front, rear and side areas around business
premises shall be prima facie evidence that the owner or manager of business put or
caused the litter to be on the front, rear or side areas of the business premises.
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 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 occupant put or caused the litter to be on said private
property.
(c) The occupant shall at all times maintain the premises free of litter.
Sec. 12-40. Litter on vacant lots.
(a) No person shall throw or deposit litter on any ope~ 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 occupant put or caused the litter to be on said private
property.
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 occupant put or caused the garbage or litter to be
on said private property.
Sec. 12-42. Throwing from vehicles.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter
upon any street or other public place within the City, or upon private property.
Sec. 12-43. Litter from vehicles.
(a) It shall be unlawful for a responsible person to operate a vehicle transporting
loose materials within the City without a cover which adequately prevents the blowing or
14 ORD. NO. 34-83
dropping of such loose materials. Responsible person for the purposes of this ordinance
subsection shall mean the driver of the vehicle in violation or his employer or the owner
of the vehicle or the prime contractor for the construction site.
(b) Where concrete or any other substance which has the ability to permanently
affix itself to the road surface, causing the surface to be uneven, it shall be immediately
removed by person or persons responsible. The term responsible person USed in this
subsection shall mean the driver of the vehicle which deposited the substance onto the
street or his employer or the owner of the real property or prime contractor in charge of
a construction site from where such originated.
(e) All collectors of refUSe who desire to haul over the streets of the City shall
USe a watertight vehicle provided with a tight cover and so operated as to prevent
offensive odors escaping therefrom andrefUSe from being dropped, blown or spilled.
Sec. 12-44. Litter in parks.
No person shall throw or deposit litter in any park within the City except in public
receptacles and in such a manner that the litter will be prevented from being carried or
deposited by the elements upon any part of the park or upon any street or other public
place.
Where public receptacles are not provided, all such litter shall be carried away
from the park by the person responsible for its presence and properly disposed of
elsewhere as provided herein.
Sec. 12-45. Litter in water.
No person shall throw or deposit litter in any fountain, pond, lake, stream, canal,
intraeoastal waterway, ocean or any other body of water whether in a park or elsewhere
within the jurisdiction of the City.
Sec. 12-46. Distribution of circulars, throwaways, handbills prohibited.
It shall be unlawful for any person to distribute circulars, throwaways or handbills
or other similar forms of advertising within the City limits. This prohibition, however,
shall not be construed to prevent the distribution on a regular weekly, biweekly or
monthly basis of unsolicited advertising and/or news dissemination by a bUSiness duly
licensed within the City to engage in such distribution and/or dissemination.
Sec. 12-47. Distributing commercial and noncommercial handbills in public places.
No person shall throw or deposit any commercial or noncommercial handbill in or
upon any sidewalk, street, shopping center parking lot or other public place within the
City. Nor shall any person hand out or distribute or sell any commercial handbill in any
public place, without first securing a permit from the City. Provided, however, that it
shall be lawful on any sidewalk, street or other public place within the City for any
person to hand out or distribute, without charge to the receiver thereof, any commercial
or noncommercial handbill to any person willing to accept it.
Sec. 12-48. Placing handbills on vehicle.
No person shall place any commercial or noncommercial handbill upon any
vehicle.
Sec. 12-49. Depositing handbills on uninhabited or vacant property.
No person shall throw or deposit any commercial or noncommercial handbill in or
upon any uninhabited or vacant property.
Sec. 12-50. Distribution of handbills where property posted.
No person shall throw, deposit or distribute any commercial or noncommercial
handbill upon any private premises where there is placed on said premises in a
15 ORD. NO. 34-83
conspicuous position near the entrance thereof, a sign bearing the words: "No Trespass-
ing,'' "No Peddlers or Agents," "No Advertisement" or any similar notice, indicating in
any manner that the occupants of said premises do not desire to be molested or have
their right of privacy disturbed, or to have any such handbills left upon such premises.
Sec. 12-51. Distributing handbills at inhabited private premises.
(a) Manner. No person shall throw, deposit or distribute any commercial or
noncommercial handbill in or upon private premises which are inhabited, except by
handling or transmitting any such handbill directly to the owner, occupant or other
person then present in or upon such private premises. Provided, however, that in case of
inhabited private premises which are not posted, as provided in this article, such person,
unless requested by anyone upon such premises not to do so, may place or deposit any
such handbill in or upon such inhabited private premises, if such handbill is so placed or
deposited as to secure or prevent such handbill from being blown or drifted about such
premises or sidewalks, streets or other public places, and in no event shall such handbills
be placed on the public rights-of-way, lawns, driveways or porches or private property
except that mailboxes may not be so used when so prohibited by federal postal law or
regulations.
(b) Exemptions. The provisions of this Section shall not apply to the distribution
of mail by the United States, nor to newspapers except that newspapers shall be placed
on private property in such a manner as to prevent their being carried or deposited by
the elements upon any street, sidewalk or other public place or upon private property.
Sec. 12-52. Dropping matter from aircraft.
No person in an aircraft shall throw out, drop or deposit within the City any litter,
handbill or any other object.
Sec. 12-53. Posting of notices.
No person shall post or affix any notice, poster or other paper or device,
calculated to attract the attention of the public, to any lamp post, public utility pole or
tree, or upon any public structure of building, except as may be authorized or required by
law.
Section 2. 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 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby
repealed.
Section 4. That this ordinance shall become effective immediately after passage on second and
final reading, but that the provisions herein shall not become applicable and be enforced until the date
when garbage and trash contract services, as contracted by the City shall begin, but in no event shall
these provisions become applicable and be enforced later than August 31, 1983.
PASSED AND ADOPTED in ~pec~session on second and final reading on this the 20l:h
day of I~lay ,1983.
ATT EST:
City Clerk
First Reading May 10, 1983
Second Reading May 2(3:1 q83
16 ORD. NO. 34-~.~