60-82 ORDINANCE NO. 60-82
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 12-2, "VIOLATIONS, PENALTIES", TO DELETE
THE PROVISIONS REGARDING PENALTIES FOR FALSIFIED
STATEMENTS, AND TO RELETTER SUBSECTION (c); BY AMEND-
ING SECTION 12-21, "RESPONSIBILITY FOR TRASH COLLECTION",
TO REPEAL THE PROVISION EXEMPTING COMMERCIAL LAND-
SCAPE OR LAWN MAINTENANCE BUSINESSES FROM PAYING THE
DISPOSAL FEE FOR TRASH GENERATED BY THEIR ACTIVITIES;
BY AMENDING SECTION 12-22, "FEES FOR USE OF CITY TRANS-
FER STATION", TO ELIMINATE THE REFERENCE TO SECTION 12-
21; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOV/, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOV/S:
Section 1o That Section 12-2, "Violations, penalties", of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended to read as follows:
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 clay 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 section 12-~ or any reaction of
A~icle II of this chapter shall be fined fifty dollars ($~0.00) for the first
conviction, one hundred dollars ($100.00) for a second conviction for violating the
same provisioo within one year of the first conviction, and not less than two
hundred fifty dollars ($2~0.00) for a third and subsequent conviction for violating
the same provision within two (2) years of the first conviction.
Section 2. That Section 12-21, "Responsibility for trash collection", of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
Sec. 12-21. Responsibility for trash collection.
(a) 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. ~l'4~-,i-t~st~a~t-~a~--+Jae-~s~ee~l-~t-h¢-
~e~~i~e~-e~t~mcn~ 4.~.r-t4~e~aaa~ti~g-4~-a~½emi~g thc
(b) The city shall pick up, haul and dispose of residential trash other than
that specified in (a) above at no additional cost, except that the city shall not be
responsible for either picking up, hauling or disposing of (whether for a fee or not)
trash generated by construction activity or any other trash which is likely to
damage the city's collection equipment. Construction material and other trash
not qualifying for city pickup~ hauling or disposal shall not be placed on a public
road right-of-way.
Section 3. That Section 12-22~ "Fees for use of city transfer stazion"~ of the Code
Ordinances of the City of Delray Beach~ Florida~ is hereby amended to read as follows:
Sec. 12-22. Fees for use of city transfer station.
All haulers of garbage and trash~ other than the
:eati~ 12-2-ir shall pay a fee of fifteen dollars ($15.00) per ton for each ton of
garbage or trash disposed of at the city transfer station. The charge for weights
of less than one (1) ton shall be seventy-five cents ($0.75) per one hundred (100)
pounds or fraction thereof~ with a minimum charge of two dollars ($2.00).
Section ~. 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 October 1~ 1982.
PASSED AND ADOPTED in regular session on second and final reading on ti)is the 14th
day of September ,1982.
.'"
ATTEST:
ss%~?'City Clerk '
First Reading August 24, ...1982
Second Reading Septemb. er 14, 1982.
2 ORD. NO. 60-82