35-82 ORDINANCE, NO. 35-82
~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
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 12-3, "GARBAGE AND TRASH COLLECTION
RESERVED EXCLUSIVELY IN THE CITY, EXCEPTION IN CERTAIN
AREAS", TO RELETTER AND RETITLE SAID SECTION, AND TO
ADD A NEW SUBSECTION (b) TO PROVIDE FOR AN EXCEPTION,
UNDER CERTAIN CONDITIONS AND UPON WRITTEN APPROVAL
OF THE CITY MANAGER, FROM REQUIRED CITY COLLECTION,
REMOVAL AND DISPOSITION OF GARBAGE AND TRASH WHERE
SUCH GARBAGE AND TRASH IS TO BE PLACED IN STATIONARY
COMPACTOR UNITS AND COMPACTOR CONTAINERS AND
OTHER LIKE CONSTRUCTION/BULK CONTAINERS; PROVIDING
FOR LIMITATION AND EXPIRATION OF SUCH EXCEPTIONS;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of De]ray Beach, Florida, does not currently possess the necessary
equipment or experience to furnish the service of collection, removal and disposition of all garbage
and trash (except garden trash) from certain developments which desire to utilize stationary
compactor units and compactor containers and other like construction/bulk removal containers; and,
WHEREAS, due to these current conditions, the City Council of the City of Delray
Beach, Florida, desires to provide for a limited exception to the provisions vesting the right to
provide such service in the City to extend for a set period of time; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, wishes to clarify that
it is its express intent that this ordinance, adding provisions allowing the granting of such exceptions
is to be for a limited duration only, and that it is not to be construed as a waiver in any manner of
the City's vested right to perform the governmental function of collection, removal and disposition
of all garbage and trash (except garden trash) anywhere within the municipal limits of the city, and
to regulate and prescribe the manner, method, procedures and equipment for such garbage and trash
services; and
WHEREAS, the City Council of the City of Delray Beach, Florida, deems it to be in the
best interests of the residents and citizens of the City of Delray Beach, Florida, to provide for such
limited exceptions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 12-3, "Garbage and trash collection reserved exclusively in the
city; exception in certain areas", of the Code of Ordinances of the City of De]ray Beach, Florida,
be, and the same is hereby amended to read as follows:
See. 12-3. Garbage and trash collection reserved exclusively in the city; exception in certain
areasr..; exception for certain type of collection services.
(a) 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, 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, except that within Sections 1 through 7, inclusive,
of High Point Condominiums and Sections 1 through 8, inclusive, 9f 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 Condo-
miniums and Sections 1 through 8, inclusive, of Country Manors Condominium shall
be exempt from the charges contained in this Chapter-14~.
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 1, 1984, the city shall again have
exclusive jurisdiction to provide garbage and trash services (except garden trash)
for this area.
(b) Provided further that~ upon the ex~ress written approval of the city mana~er~ an
exception to eit~ ~arbage and trash services as required .in Section 12-3(a) may be
~.r. anted to commercial or industrial establishments or to developments or home-
owners/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...u?iIs and compactor containers or like construc-
tion/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 interefere with City garbage and trash collection services) and that
such development or homeowners/condominium association hasp pu, rsuant to any
applicable internal by-laws or covenants and restrictions~ ~)roperly contracted with
an independent contractor to provide such garbage and trash collection~ removal
and disposition services at their own exDense~ 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.
No such contracts shall be acceptable to the city where the duration of such
contract extends beyond-the expiration date of these exception provisions (Section
12-3(b))~ unless express permission is received from the city council.
Ail exceptions granted pursuant to the provisions set forth above (Section_!2.3(b))~
shall e.xDire on September 30~ 1985~ and thereafter the city shall again have sole
8~d exclusive jurisdiction to provide all garbage and trash services(except garden
trash) for all areas within the municipal limits of the eity~ and to regulate and
prescribe !he manner~ method~ Droeedures and equipment for such garbage, and
trash services.
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 ten (10) days after passage on
second and final reading.
PASSED AND ADOI~ED in regular session on second and final reading on this the 2?th
day of April ,1982.
ATTEST:
Ci~gClerk '
First Reading April 13, 1982
Second Reading April 27, 1982
2 ORD. NO. 35-82