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45-83 ORDINANCE NO. 45-83' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH", ARTICLE I, "IN GENERAL", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 12-4, "CONTAINERS REQUIRED", AND ENACTING A NEW SECTION 12-4, "CONTAINERS AND/OR SERVICE REQUIRED" TO PROVIDE FOR THE GENERAL REQUIREMENTS FOR RESIDENTIAL AND COMMERCIAL SITES AND MAINTENANCE OF CONTAINERS; TO PROVIDE FOR THE PROCEDURES AND REQUIRE- MENTS FOR THOSE AREAS OF THE CITY AND CUSTOMERS RECEIVING TYPE A, ROLL-OUT CART SERVICE, TYPE B, REAR-DOOR/SIDE-DOOR SERVICE, TYPE C, CURBSIDE - GARBAGE AND HOUSEHOLD TRASH IN DISPOSABLE CONTAINERS SERVICE, TYPE D, CURBSIDE IN OWNER'S CONTAINER SERVICE, AND TYPE E, MECHANICAL CONTAINERS AND COMMERCIAL REFUSE CONTAINER SERVICE; PROVIDING FOR REQUIREMENTS FOR DISPOSAL OF LARGE ITEMS OR PILES OF GARDEN AND YARD TRASH; PROVIDING RESTRICTIONS ON COLLECTION OF INDUS- TRIAL AND HAZARDOUS WASTES; PROVIDING FOR USE OF OTHER TYPE UNITS OR CONTAINERS; PROVIDING FOR REQUIREMENTS FOR CONSTRUCTION AND DEMOLITION SITES AND FOR SUB- STANCES WHICH AFFIX THEMSELVES TO ROAD SURFACES; PROVIDING FOR REQUIREMENTS FOR LOADING AND UNLOADING AREAS; PROVIDING FOR REQUIREMENTS FOR ALL COMMERCIAL AND PUBLIC PARKING LOTS HAVING MORE THAN 100 SPACES; PROVIDING 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 12-4, "Containers required", of the Code of Ordi- nances of the 'City of Delray Beach, Florida, be and the same is hereby repealed. Section 2. That a new Section 12-4, "Containers and/or service required," is hereby enacted to read as follows: (a) Residential and commercial sites generally. Except as otherwise provided for or due to the type of garbage and trash service designated by the City for the subject property, 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. 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 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) Type A, Roll-Out Cart Service. For those areas of the City and customers designated by the City as receiving Type A, Roll-Out Cart service, s~tid customers shall be required to use said roll-out carts for their garbage and trash collection. Said roll-out carts are the 80-90 gallon wheeled con- tainers of a type approved by the City, which shall be equipped with wheels, and a lid latch. These roll-out carts shall be furnished to each single dwell- ing unit or each unit in a multiple dwelling unit (not served with mechanical containers) served in the areas designated for such Type A service as set forth in Section 12-8.1 of this Code of Ordinances. These roll-out carts shall be furnished by the City (or its contractor(s)) and shall remain the sole property of the City (or its contractor(s)). If a roll-out cart becomes unser- viceable or is missing because of customer neglect, the City (or its contrac- tor(s)) may repair or replace it, but such repair or replacement does not constitute a waiver by the City (or its contractor(s)) to proceed against the negligent customer for reimbursement for such replacement or repair. The City (or its contractor(s)) shall supply only one (1) such roll-out cart ready for use to each single dwelling unit or each unit in a multiple dwelling unit (not serviced with mechanical containers); provided, however, additional roll-out carts may be rented to the customer to a charge not to exceed Two Dollars and Fifty Cents ($2.50) per month. Any such additional roll-out carts shall be collected by the City or its contractor(s) at the same time as the first roll-out cart, and there shall be no additional monthly service charge for such collection other than the charge for each additional roll-out cart rental. Ail customers receiving such roll-out cart service are hereby required to use such roll-out carts for all garbage and for whatever house- hold trash and garden and yard trash that can be reasonably contained therein. .Such Type A, Roll-out Cart service shall be collected on regular schedules and routes as determined by the City or its contractor(s). Garden and yard trash and household trash in excess of that amount which can be contained by the roll-out container(s) shall be collected from the curbside at the same time as garbage is collected, provided that the customer must prepare such trash in containers or bundles of less than fifty (50) pounds each and with no dimension over four (4) feet (except palm fronds only). The provisions and requirements set forth in this subsection not- withstanding, for those customers who, by reason of disability, certified by a doctor and approved by the City, are unable to place such roll-out cart at the street, then collection shall be from roll-out carts located at accessible locations adjacent to the house or structure. Additionally, the City (or its contractor(s)) may, at the City's/contractor(s)'s option, arrange to provide rear'door/side-door service (Type B) to customers in the Type A service areas desiring such service at an additional cost billed directly to the cus- tomer by the City (or its contractor(s)). (c) Type B, Rear-Door/Side-Door Service. For those areas of the City and customers receiving Type B, Rear-Door/Side-Door service, garbage and trash shall be collected at least twice each week on regular schedules and routes as determined by the City or its contractor(s) from the rear, side, or front of and adjacent to the served residences, and locations reasonably accessible to the City or its contractor(s), including underground containers in use on July 3, 1975 (provided, however, that no additional underground containers shall be permitted). Excess garden and yard trash, and household trash shall be placed adjacent to the pavement or travelled way of the street, in containers or bundles less than fifty (50) pounds each and .with no dimension over four (4) feet each (except palm fronds only), and then shall be collected along with the garbage collection. (d) Type C, Curbside - Garbage and Household Trash in Disposable Containers. For those areas of the City and customers designated for Type C - Curbside - Garbage and Household Trash in Disposable Containers, such customer's garbage and household trash shall be collected at least twice per week on regular schedules and routes as determined by the City or its con- tractor(s) from the front of the served residence, which must be in locations adjacent to the street. 2 ORD. NO. 45-83 All such garbage and household trash shall be placed in secured plastic bags or other secured disposable container and no bag shall weigh more than fifty (50) pounds. This Type C service specifically excludes collection of garden and yard trash and bulky wastes, and removal of such refuse shall be at addi- tional charges as set by the City or its contractor(s). (e) Type D, Curbside in Owner's Container. For those areas of the City and customers designated for Type D, Curbside in Owner's Container service, such customer's garbage and trash shall be collected at least twice per week on regular schedules and routes as determined by the City or its contractor(s) from the owner's/customer's own refuse containers placed for collection adjacent to the edge of the pavement or travelled way of the street. However, for those customers who, by reason of disability, certified by a doctor and approved by the City, are unable to place such refuse containers at the street, then garbage and trash collection shall be as specified above for Type B, Rear-Door/Side-Door service, but at the service charge for Type D service. Excess garden and yard trash, and household trash, shall be placed adjacent to the pavement or travelled way of the street in containers or bundles less than fifty (50) pounds each and with no dimension over four (4) feet each (except palm fronds only), and then shall be collected along with garbage collection. (f) Type E, Mechanical Containers and Commercial Refuse Container Service. For those areas of the City and customers designated for Type E, Mechanical Containers and Commercial Refuse Container service, such col- lection shall be provided for and under the terms and conditions set forth in Section 12-16 and Section 12-8. (g) Disposal of Other Garden and Yard Trash. Large items or piles of garden and yard trash (except for palm fronds only) which are not containerized or bundled or able to be containerized or bundled may be collected by the City or its contractor(s) at an additional charge billed to the customer or the person/entity requesting such additional service. Such additional service only, may also be obtained by customers from per- sons/business other than the City or its contractor(s), at the customers' sole expense. (h) Industrial and Hazardous Waste Disposal. Any persons, businesses, or other entities generating industrial and hazardous wastes shall not be served in the normal manner set forth above. Such industrial and hazardous wastes may be collected by the City and/or its contractor(s)' only upon specific approval and at additional costs set forth by the City or its contrac- tor(s). (i) Use of Other Units and Containers, Customers who, upon the express and sole approval of the City, elect to use roll-off'/stationary compactor units and compactor containers or like construction/bulk contain- ers/compactor equipment may be excluded from regular collection by the City or its contractor(s), subject to the provisions of Section 12-3(b). (j) Construction and Demolition Sites. It shall be unlawful for any construction and/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 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. 3 ORD. NO. 45-83 Where concrete or any other substance permanently affixes 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 section 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 orig- inated. (k) Loading and Unloading Areas. It shall be unlawful for any person msintaining 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. (1) Parking Lots. Ail commercial and public parking lots having more than one hundred (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 responsibility of the owner of the parking lot to provide the necessary receptacles and to collect the refuse and trash deposited in such containers and store this material in an approved location for collection. 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 this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 12th day of July , 1983. ATTEST: First Reading June 28, 198.2 .... Second Reading July 12 ~ 1983 4 ORD. NO. 45-83