33-96 ORDINANCE NO. 33-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
REPEALING CHAPTER 51, "GARBAGE AND TRASH" OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH; AND ENACTING A NEW CHAPTER 51, "GARBAGE
AND TRASH"; TO BE CONSISTENT WITH THE CONTRACT FOR COLLECTION
SERVICES EFFECTIVE OCTOBER 1, 1996; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to amend its
garbage and trash regulations to be consistent with the contract for collection services signed by
the City on August 8, 1996.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
S~tion 1. That Chapter 51, "Garbage and Trash", is hereby repealed and a new
Chapter 51, "Garbage and Trash", is hereby enacted to read as follows:
CHAPTER 51: GARBAGE AND TRASH
GENERAL PROVISIONS
Section 51.01 DEFINITIONS.
To the extent the definitions contained herein conflict with similar definitions contained in any
federal, state or local law, the definition herein shall prevail
Biohazardous Waste: Shall mean any solid waste or liquid waste which may present a threat of
infection or disease to humans or may reasonably be suspected of harboring pathogenic
organisms. The term includes, but is not limited to, non-liquid human tissue and body parts;
laboratory and veterinary waste which contain human-disease-cansing agents; used disposable
sharps, human blood, and human blood products and body fluids; and other materials which in
the opinion of the Department of Health and Rehabilitative Services represent a significant risk
of infection to persons outside the generating facility.
Biologi_'cal WaSte: Shall mean solid waste that cause or has the capability of causing disease or
infection and includes, but is not limited to, Biohazardous waste, diseased or dead animals, and
other waste capable of transmitting pathogens to humans or animals.
g~,_.Tl:l~h: Shall mean any non-vegetative item which cannot be containerized, bagged or
bundled; including, but not limited to, inoperative and discarded refrigerators, ranges, toilets,
waslmx, dryers, bath tubs, water hea~ers, sinks, bicycles, and other similar appliances, household
goods, fumitme, large boxes, barrels and crates, and shall not be commingled with Vegetative
Was~ or any other type of refuse.
~ The City of Delray Beach, Florida, or the City's authorized agents or contractors.
~,.,~ly.~llllg.e~. Shall be the City Manager of the City of Delray Beach or his/her designee.
Colle~on: Shall mean the process whereby solid waste, garbage, trash, bulk trash, vegetative
waste or recyclable material is removed and transported to a Designated Facility.
Commerei~,! Service: Shall herein refer to the service provided to business establishments,
churches, schools, apartments (for profit buildings containing over four (4) living units are
classified as commercial accounts), office buildings and other establishments. Service shall
include container rental, the rolling out and locking and unlocking of containers, opening and
closing doors and gates, exchanging containers, changing container locations, supplying locks
and locking mechanisms for containers, and other services to include painting and repairing
required for the proper maintenance of containers.
Commercial Trmsl~: Shall mean any and all accumulations of paper, rags, excelsior or other
packing materials, wood, paper or cardboard boxes or containers, sweepings, and any other
accumulation not included under the definition of garbage, generated by the operation of stores,
offices, and other business places. Commercial trash shall include furniture if properly
containerized. Commercial trash shall not include Special Waste.
Co~s~ruction ,,nd Demolition Debris: Shall mean materials defined as such from time to time
by the Department and Chapter 17-7, F.A.C.
Contractor or Vendor: Browning-Ferris Industries of Florida, Inc.
]~,llalc~llf,~: Shall mean the Florida Department of Environmental Protection.
Des _ignited Faeilii?: Shall mean a disposal processing, recovery, recycling or transfer facility
designated by the Solid Waste Authority or the City Manager.
]~lil~.,.~: Shall mean the "tipping fees" or landfill costs charged to the Contractor by
others for disposal of the waste collected by the Contractor.
~zal:l~: Shall mean all putrescible waste which generally includes but is not limited to kitchen
and table food waste, animal, vegetative, food or any organic waste that is attendant with or
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resul~ from the storage, preparation, cooking or handling of food materials whether attributed to
residential or commercial activities. Vegetative Waste shall not be commingled with Garbage in
the s~me collection. Garbage shall not include any material that falls within the definition of
Special Waste.
Gm'lmm_ Reee?ade: Shall mean any commonly available light gauge steel, plastic, or
galvanized receptacle of a non-absorbent material, closed at one end and open at the other,
furnished with a closely fitted top or lid and handle(s). A receptacle also includes a heavy duty,
securely tied, plastic bag designed for use as a garbage receptacle. Any receptacle including
waste materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in weight for
owner's container and thirty-two (32) gallons or ninety five (95) gallons for rollout containers.
lismrdous Waste: Shall mean solid waste as defined by the State of Florida Department of
Environmental Regulation as a ba?ardous waste in the State of Florida Administrative Code, or
by any future legislative action or by federal, state or local law.
Industrial Wastes: Shall mean any and all debris and waste products generated by
manufacturing, food processing (except in restaurants and homes), land clearing, and commercial
~ or tree cuttings, building construction or alteration (except residential do-it-yourself
projects) and public works type construction projects whether performed by a government unit or
by contract.
Loadin_~ and Unloading Area: Any loading or unloading space or area used by any moving
vehicle for the purpose of receiving, shipping, and transporting goods, wares, commodities, and
~: Any refuse, either garbage or household trash stored in and collected from any
type of container other than a mechanical container or garbage can related to multiple family
dwellings or the designated facility. Refuse which is collected from the ground is considered
loose refuse.
Meelta~ical Container:. Shall mean and include any detachable metal container designed or
intended to be mechanically dumped into a loader/packer type of garbage truck used by the
Contractor and includes any motorized or electrical compactor of ten (10) yards capacity or less.
Mechanical containers may be constructed of plastic. Further, all mechanical containers must be
uniform in color, have closeable lids, and be free of any advertising or other information other
than a g-I/2" x I 1" sticker with the name, address, and telephone number of the Contractor.
Muitinle Dwelling Units: Shall mean any building containing four (4) or more permanent living
units, not including motels and hotels.
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]~:]iiag,_l,9~: Commercial and public lots designed for the parking of any vehicles with the
exception of residential parking.
~lll: Any natural person, owner, agem, corporation, partnership, association, firm, receiver,
~ trustee, executor, administrator, fiduciary, occupant, lessee, tenant, or representative or
group of individuals or entities of any kind.
Pr~ma~: Lots, sidewalks, alleys, rights-of-way, grass strips, and curbs up to the edge of the
pavement of any public thoroughfare.
Private Pro_~erty: Property owned by any person as defined in this section, including, but not
~ to, yards, grounds, driveways, entrance or passage ways, parking areas, storage areas,
vacant land, or body of water, and including sidewalks, grass strips, and one-half of adjacent
alleys. For the purpose of this chapter, "Private Property_" owners are required to maintain
fights-of-way up to the edge of the pavement of any public thoroughfare.
Public Pro~el-~y_: 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.
Reey_clable Materials: Shall mean newspapers (including inserts), magazines and catalogs,
aluminum, aluminum foil and pie plates, plastic containers, glass bottles and jars, corrugated
cardboard, brown paper bags, mixed paper, drink boxes, milk and juice cartons and other solid
waste materials added upon Agreement between the Solid Waste Authority and the Contractor,
when such materials have been either diverted from the remaining solid waste stream or removed
prior to their entry into the remaining solid waste stream.
~: Shall mean any process by which solid waste, or materials which otherwise become
solid waste, are collected, separated, or processed and reused or returned to use in the form of
raw materials or products.
Refuse: Shall mean commercial wash, household trash and garbage or a combination of mixture
of commercial irash, household trash and garbage, including paper, glass, metal and other
discarded matter, excluding Recyclable Materials.
Residential Do-It-Yourself Pro_iects: Minor residential repairs done exclusively by the
homeowner himself.
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I I
R~idenfial Service: Shall herein refer to the refuse, recycling and vegetative waste collection
service provided to persons occupying residential dwelling units within the City who are not
receiving commercial or multi-family services. This would include single family homes,
duplexes, triplexes and mobile homes.
Rolioff Collection Servlee: Shall mean the collection of construction and demolition debris
using open top rolloff containers within temporary locations in the City, limited to new
construction sites. Rolloff collection service shall also mean the collection of horticultural or
agricultural wastes at horticultural or agricultural nurseries, but only when the customer chooses
to use open top rolloff containers for horticultural or agricultural waste, and horticultural and
agricultural waste shall not include any other type of waste, including, but not limited to, Special
Wastes, Garbage or Recyclable Materials.
-Rlffi:.QiII_C.,III~: Carts that are either a 32 or 95 gallon (approximate) wheeled container 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.
Single Fami .ly Residential Unit: Any dwelling place designed to be occupied by one family.
~llllg~: Includes the accumulated solids, residues, and precipitates generated as a result of waste
treatment or processing, including wastewater treatment, water supply treatment, or operation of
an air pollution control facility, and mixed liquids and solids pumped from Septic tanks, grease
traps, privies, or similar waste disposal appurtenances.
~ll~al._~Ylt~: Shall mean solid wastes that require special handling and management, which
are not accepted at a landfill or other disposal facility or which are accepted at a landfill or other
disposal facility at higher rates than is charged for refuse, including, but not limited to, asbestos,
whole tires, used oil, lead-acid batteries, and Biohazardous wastes.
Trash: Shall mean all refuse, accumulation of paper, exceIsior, rags, wooden or paper boxes and
containers, sweeping, broken toys, tools, utensils, and all other accumulations of a similar nature
other than Garbage, which are usual to housekeeping and to the operation of stores, offices and
other business places, but shall not include Vegetative Waste.
Vegetative Waste: Shall mean any vegetative matter resulting from yard and landscaping
maintenance and shall include materials such as tree and shrub materials, grass clippings, palm
fronds, Chrismms trees, tree branches and similar other matter usually produced as refuse in the
care of lawns, landscaping and yards. Residents shall bag or containerize all grass clippings,
leaves, pine needles, and similar small loose items whenever possible. Large Vegetative Waste
items must be not more than six (6) feet in length or fifty (50) pounds in weight, and shall be
placed neatly at the curb. Vegetative Waste does not include any form of matter or debris
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I
resulting from tree removal, land clearing, land development, or waste generated by tree
surgeons, landscapers or lawn maintenance services. Tree removal by residents is acceptable for
curbside pickup if cut to the specifications noted above.
S~iom 51.02 DUMPING ON PROPERTY OWNED BY OTHERS PROItlBITED,
It shall be unlawful to dispose or discard any garbage, trash, or litter on property owned
or controlled by someone else.
~eetioa 51.03 ADMINISTRATION OF CHAPTER.
Ail garbage and trash shall be placed in containers as herein specified or otherwise
prepamt in accordance herewith or it will not be picked up by the City. The administration of
the provisions of this chapter shall be the duty of the City Manager except as otherwise stated.
COLLECTION SERVICES, REQUIREMENTS
S~iou 5L15 GARBAGE AND TRASH COLLECTION RESERVED EXCLUSIVELY IN
.I~ITY OR ITS CONTRACTORS.
The governmental function of collection, removal, and disposition of all garbage and
trash within the municipal limits of the City is exclusively vested in the municipal government of
the City or its contractors, and all other individuals, persons, fu'ms, or corporations are
specifimlly and exInessly prohibited from engaging in that practice or business within the
corporate limits of the City and from utilizing the publicly dedicated streets, alleys, and other
thoroughfares for those purposes.
~.~IliO. IL.,qdsJ.6_EXCEPTIONS IN CERTAIN AREAS AND FOR CERTAIN TYPES OF
COIJ.ECTION SERVICES.
Upon the express written approval of the City Manager, an exception to City garbage and
trash services as required in Sec. 51.15 may be granted to commercial or industrial
establishments or to developments or homeowners/condominium associations of over 100 units,
located within clearly defined boundaries, for the collection, removal, and disposition of all
garbage and trash where that garbage and trash is to be placed in roll-off stationary compactor
units and compactor containers or like construction/bulk containers. The exception shall only be
granted where sufficient proof is presented to the City Manager that the 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 the
development or homeowners/condominium association has, pursuant to any applicable internal
bylaws or covenants and restrictions, properly contracted with an independent contractor to
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pro-vide garbage and trash collection, removal, and disposition services at their own expense, and
that the contract is made expressly subject to the granting of the exception by the City Manager.
The decision to grant an exception shall be solely that of the City Manager at his discretion.
Section ~1.17 NO PROFIT REOUIREMENT FOR CITY CONTRACTORS OR
FRAN~SES.
Any other applicable ordinances or law to the contrary notwithstanding, all contractors
with or franchisees of the City shall be required to properly and timely fulfill all the terms and
conditions of their contracts/firanchises, including all fees and prices, and those contractors,
franchisees, or their agents or subsidiaries shall not, as a matter of law, be entitled to a profit on
their respective contract/francMses.
Seefiou 51.18 TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE AND
I (A) Roll out Cart Service
(1) All residential units of the City shall have curbside pickup, except for the
areas listed in sections (B) and (C). The customers in this area shall be required to use roll-out
carts furnished by the City. These carts shall become the property of the resident after five years.
(2) These roll-out carts shall be furnished by the City (or its' Contractor) and
shall become the property of the customer after a period of five years. If a roll-out cart becomes
unserviceable or is missing because of customer neglect, the City (or its contractors) may repair
or replace it, but repair or replacement does not constitute a waiver by the City (or its
contractors) to proceed against the negligent customer for reimbursement for any replacement or
I. repair. The City (or its' Contractor) shall supply only one roll-out cart ready for use to each
i single-dwelling unit or each unit in a multiple-dwelling unit (not serviced with mechanical
containers); however, additional roll-out carts may be rented to the customer at a charge not to
exceed $1.50 per month. Any additional roll-out carts shall be collected by the City or its
contractors at the same time as the first roll-out cart, and there shall be no additional monthly
service charge for that collection other than the charge for each additional roll-out cart rental.
(3) All customers receiving roll-out cart service are required to use those roll-
out carts for all garbage and for whatever trash and garden and yard trash that can be reasonably
contained therein. All roll-out cart service shall be collected on regular schedules and routes as
determined by the City or its' Contractor.
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(4) All vegetative waste shall be placed adjacent to the pavement or traveled
way of the street, in containers or bundles less than 50 pounds each and with no dimension over
six feet each, and then shall be collected on one of the scheduled garbage collection days.
(5) The provisions and requirements set forth in this division notwithstanding,
for those customers who, by reason of disability and with no other able-bodied person residing in
the residence, certified by a doctor and approved by the City, are unable to place the roll-out cart
at the street, then collection shall be from roll-out carts located at accessible locations adjacent to
the house or structure.
(13) Rear-door/side-door service.
residential of the located of the Intracoastal
(1)
For
the
City
east
Waterway and Sherwood Park, garbage and trash shall be collected at least twice each week on
regular schedules and routes as determined by the City or its' Contractor from the rear, side, or
front of and adjacent to the served residences, and locations reasonably accessible to the City or
its' Contractor.
(2) All vegetative waste shall be placed adjacent to the pavement or traveled
way of the street, in containers or bundles less than 50 pounds each and with no dimension over
six feet each, and then shall be collected on one of the scheduled garbage collection days.
(C) Curbside, garbage and household trash in disposable containers.
(1) For the residential area of the City located at Imperial Villas and Country
Manor, the customer's garbage and trash placed in disposable bags shall be collected at least
twice per week on regular schedules and routes as determined by the City or its' Contractor from
the front of the served residence, which must be in locations adjacent to the street.
(2) All garbage and trash shall be placed in secured plastic bags or other
secured disposable container and no bag shall weigh more than 50 pounds.
(3) This service specifically excludes collection of vegetative waste and bulk
trash, and removal of that refuse shall be at additional charges as set by the City or its'
Contractor.
(D) Recycling program.
(1) Each residence of the City shall be provided two recycling containers for
the accumulation of mixed paper, glass, plastic and aluminum and other recyclable materials.
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(2) All condominiums and apartment complexes containing thirty (30) or
mote dwelling units shall be provided recycling containers to collect mixed paper recyclables.
(3) The containers referred to in division (1) shall be brought to curb-side and
shall be collected at least once per week. For each residence referred to in division (1) above,
such collection shall be made on one of the regular refuse collection days. For condominiums
and apartment complexes referred to in division (2) above, collection shall be made once per
week.
(4) In the event the recycling containers contain unacceptable materials, the
materials will not be collected and an explanatory notice will be placed in the container.
(5) In the event that the recycling container, furnished either by the City or by
the Contractor, is lost, damaged, or stolen, the residence or condominium or apartment shall pay
the Contractor directly for replacement containers.
(6) Participation in the recycling program shall be mandatory.
Seetlon 51.19 INDUSTRIAL AND HAZARDOUS WASTE DISPOSAL.
(A) Any persons, businesses, or other entities generating industrial and hazardous
wastes shall not be served in the normal manner set forth in this subchapter. All industrial and
hazardous wastes may be collected by the City or its' Contractor only upon specific approval and
at additional costs set forth by the City or its' Contractor, however, this shall not preclude
another qualified industrial or hazardous waste disposal company from collecting the industrial
or hamrdous waste.
(B) Unless collected as specified under part (A), industrial waste shall be collected,
removed, and disposed of solely by the operator of the factory, plant, or enterprise creating or
8~'fio~ 51.20 BUILDING MATERIALS.
(A) Building materials originating prior to, during, or subsequent to the construction
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
responm~bility of the contractor or installer.
(B) Building materials resulting from minor homeowner repairs (residential do-it-
yourself projects) which meet the requirements for trash collection must be bundled, bagged, or
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boxed and will be collected at curbside. Discarded lumber pieces must be no longer than four
feet without nails. Larger materials may be picked up by special request at an additional charge
from the Contractor.
Seetio~ 51.21 COMMERCIAL LANDSCAPE OR LAWN MAINTENANCE BUSINESS:
RESPONSIBILITY FOR TRASH COLLECTION.
Persons engaged in either commercial landscape or lawn maintenance business shall be
responsible for hauling vegetative or other trash generated by their activities to the City's
Seetioa 51.22 VEGETATIVE WASTE
{A) Vegetative waste shall be collected from the residences at least one time per week
and shall be on the same day as one of the collection days for solid waste. Collection shall begin
no earlier than 6:00 a.m. and cease no later than 6:00 p.m.. Vegetative waste shall be placed
adjacent to the pavement or traveled way of the street. Residents shall bag or box loose
vegetative waste and bundle larger items if possible. In the event of a dispute between the
Contractor and a customer as to what constitutes vegetative waste, the situation will be reviewed
and decided by the City Manager, whose decision shall be final.
(B) At the request of the City or at the request of a resident, the Contractor shall
collect vegetative waste on a day other than the regular scheduled collection day at a cost to the
resident equal to $11.50 per cubic yard. The Contractor shall collect the entire cost of this
additional special collection from the resident in advance of this additional collection service.
Upon receipt of payment, the Contractor shall cause the additional collection to occur within
forty-eight (48) hours. Any dispute between the Contractor and the resident regarding the
amount of trash collected, the charge or liability of the resident for the additional collection
serdces shall be submitted to the City Manager for resolution. The decision of the City Manager
as to the amount of the charge shall be binding upon the Contractor and the resident.
~tion SI.23 BULK TRASH
(A) Bulk trash shall be collected from residences within the City no more than once
per week. The bulk trash pickup day shall coincide with the first refuse collection day, which
shall be a Monday, Tuesday or Wednesday of each week.
(B) At the request of the City or at the request of a resident, the Contractor shall
collect Bulk Trash on a day other than the regular scheduled collection day at a cost to the
resident equal to $22.00 per cubic yard. The Contractor shall collect the entire cost of this
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additional special collection fi.om the resident in advance of this additional collection service.
Upon receipt of payment, the Contractor shall cause the additional collection to occur within
forty-eight (48) hours. Any dispute between the Contractor and the resident regarding the
amount of trash collected, the charge or liability of the resident for the additional collection
services shall be submitted to the City Manager for resolution. The decision of the City Manager
as to the amount of the charge shall be binding upon the Contractor and the resident.
(C) Furniture and appliances shall not be placed at curbside except as herein stated.
Upon request, the City may collect normal household discarded furniture or appliances, including
but not limited to sofas, chairs, beds, 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 pan. on the day preceding the scheduled collection.
(D) It shall be tm/awful for any person to leave outside any building in a place
access~"ole 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 an extent that it is impossible for a child to obtain
access to any airtight compartment thereof.
CONTAINERS AND RECEPTACLES
Section 51.35 CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL
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
propea'ty in or fi.om 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 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 chapter, or which have ragged or sharp edges or any other defects likely to
hamper or injure thc person collecting the contents thereof or the public generally, shall be
promptly replaced upon notice. The City Manager shall determine the quantity and location of
receptacles and determine whether the receptacles and containers are serviceable.
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Seef~ 51.36 APPROVAL OF CONTAINERS,
Garbage cans, and yard and garden trash containers, shall be of a size, style, and design as
hav~ ~ approved by the City Manager for the accumulation, deposit, and storage, respectively,
ofadl garbage and trash.
~ 51.37 USE OF OTHER UNITS AND CONTAINERS.
Customers who, upon the express and sole approval of the City, elect to use roll-
o~nary compactor units and compactor containers or like construction/bulk containers/
comlmctor equipment may be excluded from regular collection by the City or its' Contractor,
~uhject to the provisions of Sec. 51.I 6.
~t, efio~ 51.38 UNDERGROUND CONTAINERS PROHIBITED.
Containers partially or totally below the surface of the ground are prohibited except as to
thos~ containers in use on July 3, 1975. Garbage in those containers partially or totally below the
surface of the ground must be placed in plastic bags.
SecUre 51.39 MAINTENANCE OF CONTAINERS.
It shall be the responsibility of the users of garbage and yard trash containers furnished by
the City or the Contractor to clean and maintain those containers in a sanitary condition.
s~flffil_;5.1~_0~ PLACEMENT OF CONTAINERS AND TRASH: PRECOLLECTION
(A) Blockage of storm drains. It shall be unlawful for any person to place any refuse,
trash, ~efuse 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) Dangerous to place dangerous trash items and all
trash
items.
It
shall
be
unlawful
was~ materials of injurious nature in containers unless they are securely wrapped so as to
prev~t injury to the collection crews and others. Dangerous trash and waste materials shall
include, but shall not be limited to, broken glass, light bulbs, sharp pieces of metal, fluorescent
tubea, and television tubes.
(C) Hazardous waste. It shall be unlawful to place hazardous waste use in any
~na~tacle used for collection by the City. Some of the items listed in Part (B), if placed in a
, -12- ORD. NO. 33-96
receptacle used for collection by the City in large quantities, may be classified as hazardous
waste.
(D) Garbage and trash. It shall be unlawful to place trash which has not been drained
of all liquids in garbage receptacles. Any items of trash which are too large for receptacles and
cannot be reduced to a size which can be placed in a garbage receptacle may be placed at
curbside no earlier than 5:00 p.m. on the day preceding the collection date for that material,
provided those items are covered or secured so as to avoid unsightly litter conditions. Any
garbage receptacle placed at curbside must be removed by 7:00 p.m. on the day of collection.
(E) Liquid garbage. In order to prevent spillage, garbage which contains liquids must
be wrapped, bagged, or otherwise enclosed in plastic containers for collection.
(F) Mechanical containers.
(1) Placement of containers emptied by mechanical means shall be determined
by the City Manager. The following materials shall not be permitted to be placed in those
containers:
(a) Tires.
(b) Motor vehicle parts, including, but not limited to batteries.
(c) Carpet or padding larger than three feet by three feet.
(d) Metal pipe in excess of l/2-inch by three feet.
(e) Construction or building materials.
(f) Wood in excess of one inch by two inches by three feet.
(2) It shall be unlawful for anyone to place or maintain materials or place any
vehicle under their control, whether temporarily or permanently, so as to block access to any
mechanical container.
(3) The use of or the depositing of any garbage or trash into mechanical
containers shall only be by those persons, entities, or customers to whom mechanical containers
are assigned or who are paying for those mechanical containers.
(G) Refuse. It shall be unlawfial 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.
(H) Vegetative waste. Vegetative waste shall be placed only near the edge of the
roadway adjacent to the property from which it was generated. Vegetative waste for collection
shall be placed at the required location no earlier than 5:00 p.m. on the day preceding the
collection date.
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I
(I) Recycling. Recycling containers shall be placed beside the curb adjacent to the
roadway no earlier than 5:00 p.m. on the day preceding the collection date for the material,
provided those items are covered or secured so as to avoid unsightly litter conditions. Any
container placed at curbside must be removed by ?:00 p.m. on the day of collection.
Section ~1.41 PREPARATION OF GARBAGE AND TRASH.
(A) All wet garbage matter shall be wrapped in paper or disposable containers before
being placed in garbage containers. Ail 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 or recycling
containers.
(B) Trash shall be placed in trash containers whenever practicable. Ail trash shall be
so prepared and contained so as not to be blown about by the wind.
Section 51.42 CONTAINERS TO BE COVERED.
Ail 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.
Section 51.43 USE OF RECEPTACLES BY OTHER PERSONS.
It shall be unlawful for persons to use receptacles, containers, roll-out carts owned or
assigned to other persons without the express permission of that person.
Section 51.44 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 or from approved containers for excess materials.
Section 51.45 CONSTRUCTION AND DEMOLITION SITES,
(A) It shall be unlawful for any construction 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 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 receptacles, bulk containers, or
-14- ORD. NO. 33-96
detachable containers shall be determined by the City Manager. Construction sites shall be kept
reasonably clean and orderly at all times.
(13) 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 persons
responsible. The term "Responsible Person" used in this section shall mean the driver of the
vehicle which deposited the substance onto the street, his employer, the owner of the real
property, or the prime contractor in charge of a construction site fi.om where the substance
original.
Section 51.46 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.
~;ection 51.47 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 shall have the authority to
determine the number of receptacles necessary to provide proper containerization. All
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 those containers and store this material in an approved
location for collection.
SPECIAL REFUSE DISPOSAL PROBLEMS
Section 51.55 ASHES.
It shall be urflawful to place ashes or live coals in containers unless those ashes or coals
have been wetted and are cool to the touch prior to placement in the container.
Section 51.56 CONTAGIOUS DISEASE REFUSE AND HYPODERMIC NE~EDI
(A) It shall be unlawful to remove clothing, bedding, or other refuse from homes or
other places where highly contagious diseases have prevailed unless performed under the
supervision and direction of the County Health Department. This refuse shall not be placed in
containers for City collection.
-15- ORD. NO. 33-96
! I
(B) It shall be unlawfial for any person to dispose of or discard any hypodermic
syringe, hypodermic needle, or any instrument or device for making hypodermic injection before
first breaking, disassembling, destroying, or otherwise rendering inoperable and incapable of
muse, that 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 or other persons.
Se~tlon ~1.57 OUT-OF-TOWN REFUSE: TRANSFER STATION.
It shall be unlawful for any person or agent to deposit any form of refuse collected
outside of the City limits at any place within the City limits other than at the transfer station.
Section 51.58 OFFENSIVE DEPOSITS: BURYING AND 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.
Section 51.59 RECYCLING BINS AND CONTAINERS.
It shall be unlawful for any unauthorized person or agent to remove articles or to
otherwise disturb materials in the City's recycling bins or to remove, damage, or destroy these
recycling bins. It shall be unlawful for any unauthorized person or agent to remove articles or
otherwise disturb materials in curbside recycling containers, or to remove, damage, or destroy
curbside recycling containers.
RATES AND CHARGES
Section 51.70 REGULAR CHARGES LEVIED,
The following service charges or fees are levied for collection service:
Charges for the below-described collection service shall be as follows and shall
commence when a certificate of occupancy is issued for any residential or commercial units, and
ahall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.73:
(A) Residential (Single-Family)
Curbside Rollout Carts
-16- ORD. NO. 33-96
Garbage Collection 2.51
Recycling 1.40
Yard Trash 1.30
Bulk Trash 0.20
Total Fees -Contractor 5.41
Cart Replacement 0.90
Administrative Fee 0.35
Franchise Fees (5%) 0.27
Total Fees 6.93
Reardoor Owner Container*
Garbage Collection 7.85
Recycling 1.40
Yard Trash 1.30
Bulk Trash 0.20
Total Fees -Contractor 10.75
Administrative Fee 0.35
Franchise Fee (5%) 0.54
Total Fees 11.64
Curbside Disposable Bags **
Garbage/Trash Collection 1.55
Recycling 0.85
Total Fees -Contractor 2.40
Admini.~n-ative Fee 0.3 5
Franchise Fee (5%) 0.12
Total Fees 2.87
-17- ORD. NO. 33-96
This reardoor service shall only be provided to residential areas located East of the
Intraeoastal Waterway and Sherwood Park.
** This eurbside disposable bag service shah only be provided to residential areas located
at Imperial Villas and Country Manor.
(B) Residential (Multi-Family)
Multiple-family dwelling units containing four units may use roll out carts or
mechanical containers. Multiple-family dwelling units containing five units or more shall use
containers emptied by mechanical means, except as otherwise approved by the City because of
lack of suitable space for a mechanical container or other good reason. Multi-family monthly
fees shall contain a container charge and a per unit charge.
Multi-Family Rates
Container Monthly_ Maintenance Charge
~dallaiIlf,.r..~ Monthly Cost Franchise Fee Total Container Fe¢~
2 yd. 19.40 1.94 21.34
3 yd. 21.44 2.14 23.58
4 yd. 22.21 2.22 24.43
6 yd. 25.53 2.55 28.08
8 yd. 27.09 2.71 29.80
Collection & Haulin~ Rate Per Unit
~ Monthly Cost Per Unit
Refuse Collection 1.35
Recycling 0.80
Total Per Unit Fees-Contractor 2.15
Admlni.,r~rative Fee 0.35
Franchise Fee (10%) 0.22
Total Monthly Fees Per Unit 2.72
-18- ORD. NO. 33-96
1'
I
(C) Commercial
(1) Commercial customers shall use mechanical containers and commercial
refuse container service. Commercial customers shall include, but not be limited to, all office
buildings, stores, filling stations, service establishments, light industry, schools, churches, clubs,
lodges, motels, laundries, hotels, public buildings, food service, and lodging establishments.
Commercial customers may use any of the following containers for accumulation of refuse:
(a) Commercial refuse containers. The City shall require any
commercial customer needing more than six refuse containers to use mechanical containers, if
feasible.
(b) Mechanical containers.
(2) The owners/operators of commercial establishments and other commercial
customers shall accumulate such refuse in those locations mutually agreed upon by the
owner/operator and the City or its contractors, and which are convenient for collection by the
City or its contractors.
(3) Containers emptied by mechanical means shall be provided by the City or
its contractors. These containers shall be emptied on a schedule mutually agreed upon by the
customer and the City or its contractors, but not less than one day a week nor more than six days
a week.
(4) Commercial customers needing less than six refuse containers, and those
approved for this type of service by the City in advance because they lack a suitable location for
a mechanical container shall also be serviced at least once per week. All garbage and
commercial trash shall be collected from such refuse containers at locations agreed to between
the City or its contractors and the customer. The charge shall be based upon the following for
such garbage and trash services:
Commercial Rates ~(~onthly)
Container Pickup Frequency
Cont~ner size I 2 3 4 5 6
2yd Collection $ 8.76 $17.50 $26.26 $35.02 $43.76 $52.52
Disposal $13.35 $26.69 $40.04 $53.39 $66.73 $80.08
Container Maintenance fee $19.40 $19L40 $19.40 $19.40 $19.40 $19.40
Total - Contractor Fees $ 41.51 $ 63.59 $ 85.70 $107.81 $129.89 $152.00
Franchise Fees-10% $ 4.15 $ 6.36 $ 8.57 $10.78 $12.99 $15.20
Total Fees $ 45.66 $ 69.95 $ 94.27 $118.59 $142.88 $167.20
-19- ORD. NO. 33-96
3yd Collection $13.13 $26.26 $39.39 $52.52 $65.65 $78.78
Disposal $20.02 $40.04 $60.06 $80.08 $100.10 $120.12
Container Maintenance fee $21.44 $ 21.44 $ 21.44 $ 21.44 $ 21.44 $ 21.44
Total - Contractor Fees $ 54.59 $ 87.74 $120.89 $154.04 $187.19 $220.34
Franchise Fees- 10% $ 5.46 $ 8.77 $12.09 $15.40 $18.72 $22.03
Total Fe~ $ 60,05 $ 96.51 $132.98 $169.44 $205.91 $242.37
Collection $17.50 $35.02 $52.52 $70.02 $87.54 $105.04
4yd Disposal $26.69 $53,39 $80.08 $106.77 $133.47 $160.16
Container Maintenance fee $22.21 $22.21 $22.21 $22.21 $22.21 $22.21
Total - Contractor Fees $ 66.40 $110.62 $154.81 $199.00 $243.22 $287.41
Franchise Fees (10%) $ 6.64 $11.06 $15.48 $19.90 $24.32 $28.74
TotalFees $ 73.04 $121.68 $170.29 $218.90 $267.54 $316.15
Collection $ 26.26 $ 52,52 $ 78,78 $105.04 $131.30 $157,56
6 yd Dis]~osal $ 40.04 $ 80.08 $120.12 $160.16 $200.20 $240.24
~ Container Maintenance fee $25.53 $2~.53 $25.53 $25.53 $25.53 $25.53
! Total Contractor $ 91.83 $158,13 $224.43 $290.73
$357.03
$423.33
: Franchise Fees (10%) $ 9.18 $15.81 $22.44 $29.07 $35.70 I;42.33
i TotalFees $101.01 $173.94 $246.87 $319.80 $392.73 $465.66
{ Collection $35.02 $70.02 $105.04 $140.06 $175.06 $210.08
i 8yd Disposal $53.39 $106,77 $160.16 $213.55 $266.93 $320,32
Container Maintenance fee $ 27.09 $27.09 $ 27.09 $27.09 $27.09 $2Z09
Total - Contractor $115.50 $203.88 $292.29 $380.70 $469.08 $557.49
): Franchise Fees (10%) $11.55 $20.39 $29.23 $38.07 $46.91 $ 55.75
Total Fees $127.05 $224.27 $321.59 $418.77 $515.99 $613.24
95-Gallon Cart Service
~ck-u.m per week Monthly Charge * Franchise Fee Total Fee _(Month)
I $ 26.15 $ 2.62 $ 28.77
fi 2 $ 50.87 $ 5.09 $ 55.96
)i 3 $ 77,02 $7.70 $ 84.72
t 4 $102.46 $10.25 $112.71
$ $127,90 $12.79 $140.69
6 $152,63 $15.26 $167.89
*These rates include collection and container maintenance fees.
No~e: The foregoing rates are based on $23.00 per ton ($1.54 per cubic yard), which is the anticipated
Solid Waste Authority tipping fee to be effective October 1, 1996.
(D) The charges set forth above for mechanical containers and commercial refuse
container service 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 or provided by the City's
Contractor shall be used.
-20- ORD. NO. 33-g6
SECTION 51.71 PAYMENT AND BILLING:
(A) ~.l~lilealr~llioil: The City shall pay the Contractor compensation for the
peffmmance of the Contract, the sums due as set forth in Section 51.70, subject to any conditions
or deductions as provided under the Contract. Contractor shall submit an invoice by the 10th of
each month for residential services rendered during the preceding month, and payments will be
made ~o the Contractor within 30 days upon receipt and verification of the invoice submitted.
Mulli-~y and commercial services will be billed directly by the Contractor in accordance
with ~ Schedule of Rates set forth in Section 51.70, subject to any conditions or deductions as
. ~ under this Agreement.
(B) Billin_e Procedures: Billing arrangements for the various service types are
nnnnmfized as follows:
Service Type Customer Billed By
Solid Waste Collection
Residential City
Commercial and Multi-Family Contractor
¥¢getative Waste Collection
Residential City
Reeyclable Materials Collection -
Residential City
Commercial and Multi-Family Contractor
Container Rental/Purchase and Container Special Services
Residential City
Commercial and Multi-Family Contractor
On the first day of each month the Contract payment(s) for all services hereunder shall be
adj~ to correspond with the occupancy of existing or new buildings, and the demolition of
old bmTidings. The adjustment made on the first day of each month shall be for buildings either
occul~xi or demolished during the second month preceding the adjustments; for example, any
chan~ which is made on June 1 of any year will be for buildings occupied or demolished in
April of the subject year. Any existing unit shall be considered unoccupied whenever the City
has tem?orarily terminated water service, at the customer's request only. Any new unit shall be
considered to be occupied when a certificate of occupancy has been issued and water service has
been provided to the unit's occupant(s). Proof of demolition shall be demolition permits issued
by the Building Department.
-21- ORD. NO. 33-96
(C) I~IltltdlLC,-,o.8~: Residential and multi-family solid waste disposal costs shall not
be included with residential and multi-family collection service costs. Residential and multi-
family disposal costs will be billed by the Solid Waste Authority of Palm Beach County by non-
ad valorem assessment. The Contractor will be given a disposal credit for each residential unit as
calmd~ed by the Solid Waste Authority; however, the City shall not be responsible for disposal
shortfall costs.
Part of the commercial disposal costs will be billed by the Solid Waste Authority by non-
ad valorem assessment. The non-assessment portion of the commercial disposal costs will be
billed to the commercial customers by the Contractor. The Contractor shall pay the Authority for
all solid waste disposal costs incurred and not paid through non-ad valorem assessment.
Ail commercial customers shall be serviced at least one (1) time per week for refuse and
recycling and more frequently based upon the amount of refuse generated. Ail multi-family
customers shall be serviced at least one (1) time per week for refuse and recycling. If the amount
of refuse generated requires more than two (2) times per week collection, then the third (3rd) and
all subsequent collections shall be charged the commercial collection rate only.
The Contractor shall bill commercial customers the appropriate fees as set forth in
Section 51.70: (1) Container Monthly Maintenance Charge; (2) the Container Monthly Disposal
Charge; and O) the Monthly Collection and Hauling Fees with a franchise fee as determined by
the City added. The Contractor shall remit all franchise fees to the City on a monthly basis. The
City shall not be responsible for any disposal shortfall costs; however, the charge for disposal to
the customer shall increase or decrease in accordance with the charges of the Solid Waste
Authority.
The Contractor shall bill multi-family customers the appropriate fees as set forth in
Section 51.70: (1) Container Monthly Maintenance Charge; and (2) the Monthly Collection and
Hauling Fees with a franchise fee and administrative fee as determined by the City added. The
City ,~all not be responsible for any multi-family disposal shortfall costs.
Seetioa 51.72 METHOD OF BILLING FOR CHARGES.
The regular monthly charge as set forth in Sec. 51.70, 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 all other charges, provided
that garbage and trash collection service charges shall be itemized separately on that statement.
However, the City's contractors shall bill the customers receiving mechanical containers and
-22- ORD. NO. 33-96 '
commercial refuse container service, as set forth in Sec. 51.70, the monthly service charges for
that service, which may include a late fee in the mount of 1.5% of the unpaid balance for
delinquent accounts receiving mechanical containers and commercial refuse container service,
but that any delinquent bills shall in the alternative be referable to the City for collection
pmsuant to the provisiom set forth in this chapter.
St~*tlon 51.73 DELINOUENT PAYMENTS..' LIEN.
,Any bill remah~g unpaid for a period of thirty (30) days after rendition shail be
delinquent. ^ late fee shail be assessed by the contractor in the amount of 1.5% of the unpaid
balance on detinquent customer accounts receiving mechanical containers and commercial refuse
container service or the contractor may refer collection to the City pursuant to thc provisions set
forth in this chapter. 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 Sec. 5:2.51) within eighteen
(18) days, the City shall file a lien against the property and may pursue foreclosure of the lien, as
in the case of a mortgage, as well as ail other legai remedies available to it, the owner being
responsible for all costs and attomcy*s fees.
Section 51.74 CHARGE WHEN PROPERTY UNIMPROVED.
If x~tter is being furnished the prerr~ses 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. HoweYer, the £ailure ora tenant or owner of any premises to avail
himse~ of thc use of City water or collection service shall not relieve him from the payment of
collection service charges.
Section 51.75 PERSON BILLED FOR WATER SHALL BE RESPONSIBLE FOR
The person or company in whose name water settees are billed by the City shail be
considered and declared to be for the purpose of the enforcement of this chapter responsible for
the payment of those fees, rates and charges therefore, e×cept that wherein no water service is
rendered and collection service is requested or deemed neeessa~.~, these fees shall be the
responsibility of the owner or tenant of that property. A11 charges will continue whether or not
the water meter is actually turned on or off and without regard to usage or occupancy, except
when a customer requests temporary shut off of water services.
-23- ORD. NO. 33-96
i
Section 51.76 COLLECTION CHARGE FOR RETURNED CHECKS.
In the event a cheek 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 instead is returned, the City
shall assess a $25 service charge for each check so returned in accordance with the City's
returned check policy established ia Chapter 39 of this Code of Ordinances, and this charge shall
be added to the utility bill.
Section 51.77 UIVBILLED PROPERTIES: REMEDIAL MEASURES.
(A) The contractor is entitled to payment for services rendered to properties for each
drilling unit within the City. If it is discovered that dwelling units have not been billed for
services rendered, then the City shall bill for the total of all monthly service charges due,
retroactive to the date services started or the beginning of the fiscal year, whichever date is later.
Thereafter, service charges for such units shall be billed monthly as provided in Section 51.71.
(B) Dwelling unit is defined in Appendix A, "Definitions", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida.
VIOLATION AND PENALTY
Section 51.98 VIOLATION.
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.
Cross-reference:
Enforcement by Code Enforcement Board as supplemental
method of enforcement, see Chapter 37
Section 51.99 PENALTY.
Any violation of this Chapter shall be governed by Section 10.99 "General Penalty".
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.
-24- ORD. NO. 33-96
S~fion 3. That all ordinances or parts of ordinances in conflict herewith by and the
same m'e hereby repealed.
That this ordinance shall become effective October 1, 1996.
PASSED AND ADOPTED in regular session on second and final reading on this the 17 th
dayof September ,1996.
ATTEST:
City Clerk J - ?
Fimt R~ding September 3 e 1996
Se~ndReading September 17, 1996
-25- ORD. NO. 33-96
MEMORANDUM
TO: Brian Shutt, Assistant City Attorney
Lula Butler, Director of Community Improvement
Richard Bauer, Code Enforcement Administrator
Joe Safford, Finance Director
Barbara Schooler, UTB Manager
FROM: Alison MacGregor Harty, City Clerk ~
SUBJECT: Ordinance No. 33-96 (Garbage & Trash)
DATE: September 24, 1996
Attached for your use and information is an executed copy of Ordinance No.
33-96, enacting the new garbage and trash regulations and rates. The
ordinance was passed and adopted on second and final reading by the
Commission on September 17, 1996.
Please note that we do have another ordinance coming forward on October 1st
for first reading that will amend or modify certain provisions of Ordinance
%33-96.
If you have any questions, please do not hesitate to contact me.
Attachment
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # /O~- MEETING OF SEPTEMBER 17, 1996
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 33-96
(GARBAGE AND TRASH)
DATE: SEPTEMBER 12, 1996
This is second reading and public hearing for Ordinance No. 33-96
which enacts a new Chapter 51, "Garbage and Trash", to be consistent
with the contract for collection serviceswithBFI effective October
1, 1996. The rates for Fiscal Year 1996/97 reflect a general
decrease.
At first reading on September 3, 1996, the Commission passed the
ordinance by a vote of 4 to 0, subject to various modifications. The
Finance Director and the City Attorney are prepared to review the
changes and answer any questions the Commission mayhave at Tuesday's
meeting.
Recommend approval of Ordinance No. 33-96 on second and final reading.
ref:agmemol7
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joseph M. ~-~r~
Director of Fin~
SUBJECT: Agenda Request for Item to be Placed on the City Commission Agenda of
September 3, 1996
DATE: August 30, 1996
Attached is Ordinance Number 33-96 which enacts a new Chapter 51, Garbage and Trash" to be
consistent with the contract for collection services (with B.F.I.) effective October 1, 1996. The
rates for Fiscal Year 1996-97 reflect a general decrease.
I would request that Ordinance Number 33-96 be placed on the September 3, 1996 City
Commission agenda for approval.
/sam
Attachments
AGENDA REQUEST
Date: 08-30-96
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: 09-03-96
Description of agenda item (who, what, where, how much):
GarbaEe Ordinance Number 33-96 enactinK a new Chapter 51, "Garbage and Trash" to be
consistent with the contract for collection services effective October 1, 1996.
~ ltESOLUTION REQUIRED: ~/NO Draft Attached:~NO
Recommendation: Approval is recommended by the Director of Finance
n~eatermination of Consistency wi~prehensive Plan: '
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No..& Description:
Account Balance:
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
INTO. 3 3-9 6
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
REPEALING CHAPTER 51, "GARBAGE AND TRASH" OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH; AND ENACTING A NEW CHAPTER 51, "GARBAGE
AND TRASH"; TO BE CONSISTENT WITH THE CONTRACT FOR COLLECTION
SERVICES EFFECTIVE OCTOBER 1, 1996; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to amend its
garbage and trash regulations to be consistent with the contract for collection services signed by
the City on August 8, 1996.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 51, "Garbage and Trash", is hereby repealed and a new
Chapter 51, "Garbage and Trash", is hereby enacted to read as follows:
CHAPTER 51: GARBAGE AND TRASH
GENERAL PROVISIONS
Section 51.01 DEFINITIONS.
To the extent the definitions contained herein conflict with similar definitions contained in any
federal, state or local law, the definition herein shall prevail
Biohazardous Waste: Shall mean any solid waste or liquid waste which may present a threat of
infection or disease to humans or may reasonably be suspected of harboring pathogenic
organisms. The term includes, but is not limited to, non-liquid human tissue and body parts;
laboratory and veterinary waste which contain human-disease-causing agents; used disposable
sharps, human blood, and human blood products and body fluids; and other materials which in the
opinion of the Department of Health and Rehabilitative Services represent a si~ificant risk of
infection to persons outside the generating facility.
Biological Waste: Shall mean solid waste that cause or has the capability of causing disease or
infection and includes, but is not limited to, Biohazardous waste, diseased or dead animals, and
other waste capable of transmitting pathogens to humans or animals.
Bulk Trash: Shall mean any non-vegetative item which cannot be containerized, bagged or
bundled; including, but not limited to, inoperative and discarded refi-igerators, ranges, toilets,
washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar appliances, household
goods, furniture, large boxes, barrels and crates, and shall not be commingled with Vegetative
Waste or any other type of refuse.
Cid: The City of Delray Beach, Florida, or the City's authorized agents or contractors.
Collection: Shall mean the process whereby solid waste, garbage, trash, bulk trash, vegetative
waste or recyclable material is removed and transported to a Designated Facility.
Commercial Service: Shall herein refer to the service provided to business establishments,
churches, schools, apartments (for profit buildings containing over four (4) living units are
classified as commercial accounts), office buildings and other establighments. Service shall
include container rental, the rolling out and locking and unlocking of containers, opening and
closing doors and gates, exchanging containers, changing container locations, supplying locks and
locking mechanisms for containers, and other services to include painting and repairing required
for the proper maintenance of containers.
Commercial Trash: Shall mean any and all accumulations of paper, rags, excelsior or other
packing materials, wood, paper or cardboard boxes or containers, sweepings, and any other
accumulation not included under the definition of garbage, generated by the operation of stores,
offices, and other business places. Commercial trash shall include furniture if properly
containerized. Commercial trash shall not include Special Waste.
Construction and Demolition Debris: Shall mean materials defmed as such from time to time by
the Department and Chapter 17-7, F.A.C.
Contractor or Vendor: Browning-Ferris Industries of Florida, Inc.
Department: Shall mean the Florida Department of Environmental Protection.
Designated Facility: Shall mean a disposal processing, recovery, recycling or transfer facility
designated by the Solid Waste Authority or the City Manager.
Disposal Costs: Shall mean the 'lipping fees" or landfill costs charged to the Contractor by
others for disposal of the waste collected by the Contractor.
Garbage: Shall mean all putrescible waste which generally includes but is not limited to kitchen
and table food waste, animal, vegetative, food or any organic waste that is attendant with or
results from the storage, preparation, cooking or handling of food materials whether attributed to
residential or commercial activities. Vegetative Waste shall not be commingled with Garbage in
the same collection. Garbage shall not include any material that falls within the definition of
Special Waste.
Garbage Receptacle: Shall mean any commonly available light gauge steel, plastic, or galvanized
receptacle of a non-absorbent material, closed at one end and open at the other, furnished with a
closely fitted top or lid and handle(s). A receptacle also includes a heavy duty, securely tied,
plastic bag designed for use as a garbage receptacle. Any receptacle including waste materials
shall not exceed fifty (50) gallons in capacity or filly (50) pounds in weight for owner's container
and ninety five (95) gallons for rollout containers.
Hazardous Waste: Shall mean solid waste as defined by the State of Florida Department of
-2- ORD. NO. 33-96
Environmental Regulation as a hazardous waste in the State of Florida Administrative Code, or by
any future legislative action or by federal, state or local law.
Industrial Wastes: Shall mean any and all debris and waste products generated by
manufacturing, food processing (except in restaurants and homes), land clearing, and commercial
shrubbery or tree cuttings, building construction or alteration (except residential do-it-yourself
projects) and public works type construction projects whether performed by a government unit or
by contract.
Loading and Unloadin~ Area: 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.
Loose Refuse: Any refuse, either garbage or household trash stored in and collected ~om any
type of container other than a mechanical container or garbage can related to multiple family
dwellings or the designated facility. Refuse which is collected from the ground is considered
loose refuse.
Mechanical Container: Shall mean and include any detachable metal container designed or
intended to be mechanically dumped into a loader/packer type of garbage truck used by the
Contractor and includes any motorized or electrical compactor often (10) yards capacity or less.
Mechanical containers may be constructed of plastic. Further, aH mechanical containers must be
uniform in color, have closeable lids, and be t~ee of any advertising or other information other
than a 8-1/2" x 11" sticker with the name, address, and telephone number of the Contractor.
Multiple 1}welline Units: Shall mean any building containing four (4) or more permanent living
units, not including motels and hotels.
Parking Lots: Commercial and public lots designed for the parking of any vehicles with the
exception of residential parking.
Person: Any natural person, owner, agent, corporation, partnership, association, firm, receiver,
guardian, trustee, executor, admini~rator, fiduciary, occupant, lessee, tenant, or representative or
group of individuals or entities of any kind.
Premises: Lots, sidewalks, alleys, rights-of-way, grass strips, and curbs up to the edge of the
pavement of any public thoroughfare.
Private Property: Property owned by any person as defined in this section, including, but not
limited to, yards, grounds, driveways, entrance or passage ways, parking areas, storage areas,
vacant land, or body of water, and including sidewalks, grass 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.
Public Property: 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,
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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.
Recyclable Materials: Shall mean newspapers (including inserts), magazines and catalogs,
aluminum, aluminum foil and pie plates, plastic containers, glass bottles and jars, corrugated
cardboard, brown paper bags, mixed paper, drink boxes, milk and juice cartons and other solid
waste materials added upon Agreement between the Solid Waste Authority and the Contractor,
when such materials have been either diverted ~om the remaining solid waste stream or removed
prior to their entry into the remaining solid waste stream
Recycline: Shall mean any process by which solid waste, or materials which otherwise become
solid waste, are collected, separated, or processed and reused or returned to use in the form of
raw materials or products.
Refuse: Shall mean commercial trash, household trash and garbage or a combination of mixture
of commercial trash, household trash and garbage, including paper, glass, metal and other
discarded matter, excluding Recyclable Materials.
Residential Do-It-Yourself Projects: Minor residential repairs done exclusively by the
homeowner him,geE
Residential Service: Shall herein refer to the refuse, recycling and vegetative waste collection
service provided to persons occupying residential dwelling units within the City who are not
receiving commercial or multi-family services. This would include single family homes, duplexes,
triplexes and mobile homes.
Rolloff Collection Service: Shall mean the collection of construction and demolition debris using
open top rolloff containers within temporary locations in the City, limited to new construction
sites. Rolloff collection service shall also mean the collection of horticultural or agricultural
wastes at horticultural or agricultural nurseries, but only when the customer chooses to use open
top rolloff containers for horticultural or agricultural waste, and horticultural and agricultural
waste shall not include any other type of waste, including, but not limited to, Special Wastes,
Garbage or Kecyclable Materials.
Roll-Out Carts: Carts that are either a 32 or 95 gallon (approximate) wheeled container 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.
Single Family Residential Unit: Any dwelling place occupied by one family.
Sludee: Includes the accumulated solids, residues, and precipitates generated as a result of waste
treatment or processing, including wastewater treatment, water supply treatment, or operation of
an air pollution control fac'flity, and mixed liquids and solids pumped t~om septic tanks, grease
traps, privies, or similar waste disposal appurtenances.
Special Waste: Shall mean solid wastes that require special handling and management, which are
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not accepted at a landfill or other disposal facility or which are accepted at a landfill or other
disposal facility at higher rates than is charged for refuse, including, but not limited to, asbestos,
whole tires, used oil, lead-acid batteries, and Biohazardous wastes.
Trash: Shall mean all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and
containers, sweeping, broken toys, tools, utensils, and all other accumulations of a similar nature
other than Garbage, which are usual to housekeeping and to the operation of stores, offices and
other business places, but shall not include Vegetative Waste.
Vegetative Waste: Shall mean any vegetative matter resulting from yard and landscaping
maintenance and shall include materials such as tree and shrub materials, grass clippings, palm
fronds, Christmas trees, tree branches and similar other matter usually produced as refuse in the
care of lawns, landscaping and yards. Residents shall bag or containerize all grass clippings,
leaves, pine needles, and similar small loose items whenever possible. Large Vegetative Waste
items must be not more than six (6) feet in length or fifi:y (50) pounds in weight, and shall be
placed neatly at the curb. Vegetative Waste does not include any form of matter or debris
resulting from tree removal, land clearing, land development, or waste generated by tree surgeons,
landscapers or lawn maintenance services. Tree removal by residents is acceptable for curbside
pickup if cut to the specifications noted above.
Section 51.02 DUMPING ON PROPERTY OWNED BY OTHERS PROmBITED.
It shall be ,nlawfid to dispose or discard any garbage, trash, or litter on property owned
or controlled by someone else.
Section 51.03 ADMINISTRATION OF CHAPTER.
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 chapter shall be the duty of the City Manager or his designee except as
otherwise stated.
COLLECTION SERVICES, REQUIREMENTS
Section 51.15 GARBAGE AND TRASH COLLECTION RESERVED EXCLUSIVELY IN
CITY OR ITS CONTRACTORS.
The governmental function of collection, removal, and disposition of all garbage and trash
within the municipal limits of the City is exclusively vested in the municipal government of the
City or its contractors, and aH other individuals, persons, firms, or corporations are specifically
and expressly prohibited from engaging in that practice or business within the corporate limits of
the City and from utilizing the publicly dedicated streets, alleys, and other thoroughfares for those
purposes.
Section 51.16 EXCEPTIONS IN CERTAIN AREAS AND FOR CERTAIN TYPES OF
COLLECTION SERVICES.
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Upon the express written approval of the City Manager, an exception to City garbage and
trash services as required in Sec. 51.15 may be granted to commercial or industrial establishments
or to developments or homeowners/condominium associations of over 100 units, located within
clearly defined boundaries, for the collection, removal, and disposition of all garbage and trash
where that garbage and trash is to be placed in roll-off stationary compactor units and compactor
containers or like construction/bulk containers. The exception shall only be granted where
sufficient proof is presented to the City Manager that the development or
homeowners/condominium association is of a sa,fflcient size; is within sufficient, clearly defined
boundaries (so as to not interfere with City garbage and trash collection services) and that the
development or homeowners/condominium association has, pursuant to any applicable internal
bylaws or covenants and restrictions, properly contracted with an independent contractor to
provide garbage and trash collection, removal, and disposition services at their own expense, and
that the contract is made expressly subject to the granting of the exception by the City Manager.
The decision to grant an exception shall be solely that of the City Manager at his discretion.
Section 51.17 NO PROFIT REQUIREMENT FOR CITY CONTRACTORS OR
FRANCmSES.
Any other applicable ordinances or law to the contrary notwithstanding, all contractors
with or franchisees of the City shall be required to properly and timely fiflfill all the terms and
conditions of their contracts/franchises, including all fees and prices, and those contractors,
franchisees, or their agents or subsidiaries shall not, as a matter of law, be entitled to a profit on
their respective contract/franchises.
Section 51.18 TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE AND
TRASH.
(A) Roll out Cart Service
(1) All residential units of the City shall have curbside pickup, except for the
areas listed in sections (B) and (C). The customers in this area shall be required to use roll-out
carts furnished by the City. These carts shall become the property of the resident after five years
and shall be maintained by the Contractor.
(2) These roll-out carts shall be fitmi~hed by the City (or its' Contractor) and
shall become the property of the customer after a period of five years. Ifa roll-out cart becomes
unserviceable or is missing because of customer neglect, the City (or its contractors) may repair
or replace it, but repair or replacement does not constitute a waiver by the City (or its
contractors) to proceed against the negligent customer for reimbursement for any replacement or
repair. The City (or its' Contractor) shall supply only one roll-out cart ready for use to each
single-dwelling unit or each unit in a multiple-dwelling unit (not serviced with mechanical
containers); however, additional roll-out carts may be rented to the customer at a charge not to
exceed $1.50 per month. Any additional roll-out carts shall be collected by the City or its
contractors at the same time as the first roll-out cart, and there shall be no additional monthly
service charge for that collection other than the charge for each additional roll-out cart rental.
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(3) All customers receiving roll-out cart service are required to use those roll-
out carts for all garbage and for whatever trash and garden and yard trash that can be reasonably
contained therein. All roll-out cart service shall be collected on regular schedules and routes as
determined by the City or its' Contractor.
(4) Garden and yard trash and household trash in excess of that amount which
can be contained by the roll-out containers shall be collected from the curbside at the same time as
garbage is collected, provided that the customer must prepare that trash in containers or bundles
of less than 50 pounds each and with no dimension over six feet.
(5) The provisions and requirements set forth in this division notwithstanding,
for those customers who, by reason of disability, certified by a doctor and approved by the City,
are unable to place the roll-out cart at the street, then collection shall be from roll-out carts
located at accessible locations adjacent to the house or structure.
(B) Rear-door/side-door service.
(1) For the residential area of the City located east of the Intracoastal
Waterway and Sherwood Park, garbage and trash shall be collected at least twice each week on
regular schedules and routes as determined by the City or its' Ccontractor from the rear, side, or
front of and adjacent to the served residences, and locations reasonably accessible to the City or
its' Contractor.
(2) Excess garden, yard and household trash shall be placed adjacent to the
pavement or traveled way of the street, in containers or bundles less than 50 pounds each and
with no dimension over six feet each, and then shall be collected along with the garbage
collection.
(C) Curbside, garbage and household trash in disposable containers.
(1) For the residential area of the City located at Imperial Villas and Country
Manor, the customers garbage and household trash placed in disposable bags shall be collected at
least twice per week on regular schedules and routes as determined by the City or its' Contractor
from the front of the served residence, which must be in locations adjacent to the street.
(2) All garbage and household trash shall be placed in secured plastic bags or
other secured disposable container and no bag shall weigh more than 50 pounds.
(3) This service specifically excludes collection of garden and yard trash and
bulky wastes, and removal of that refuse shall be at additional charges as set by the City or its'
Contractor.
(D) Recycling program.
(1) Each residence of the City shall be provided two recycling containers for
the accumulation of mixed paper, glass, plastic and aluminum and other recyclable materials.
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(2) All condominiums and apartment complexes containing thirty (30) or more
dwelling units shall be provided recycling containers to collect mixed paper recyclables.
(3) The containers referred to in division (1) shall be brought to curb-side and
shall be collected at least once per week. For each residence referred to in division (1) above,
such collection shall be made on one of the regular refuse collection days. For condominium~ and
apartment complexes referred to in division (2) above, collection shall be made once per week.
(4) In the event the recycling containers contain unacceptable materials, the
materials will not be collected and an explanatory notice will be placed in the container.
(5) In the event that the recycling container, furnished either by the City or by
the Contractor, is lost, damaged, or stolen, the residence or condominham or apartment shall pay
the Contractor directly for replacement containers.
(6) Participation in the recycling program shall be mandatory.
Section 51.20 INDUS~ AND HAZARDOUS WASTE DISPOSAL.
(A) Any persons, businesses, or other entities generating industrial and hazardous
wastes shall not be served in the normal manner set forth in this subchapter. All industrial and
hazardous wastes may be collected by the City or its' Contractor only upon specific approval and
at additional costs set forth by the City or its' Contractor.
(B) Unless collected by the City under division (A), industrial waste shall be collected,
removed, and disposed of solely by the operator of the factory, plant, or enterprise creating or
causing same.
Section 51.21 BUILDING MATERIALS.
(A) Building materials originating prior to, during, or subsequent to the construction 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.
(B) 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 curbside. Discarded lumber pieces must be no longer than four feet
without nails. Larger materials may be picked up by special request at an additional charge from
the Contractor.
Section 51.22 HOUSEHOLD FURNITURE OR APPLIANCES.
(A) Furniture and appliances shall not be placed at curbside except as herein stated.
Upon request, the City may collect normal household discarded furniture or appliances, including
but not limited to sofas, chairs, beds, refrigerators, washers, dryers, hot water heaters, and ~milar
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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.
(B) It shall be unlawfifl 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 an extent that it is impossible for a child to obtain
access to any airtight compartment thereof.
Section 51.23 COMMERCIAL LANI}SC~E OR LAWN MAINTENANCE BUSINESS;
RESPONSIBILITY FOR TRASH COLLECTION.
Persons engaged in either commercial landscape or lawn maintenance business shall be
responsible for hauling vegetative or other trash generated by their activities to the City's disposal
area.
Section 51.24 VEGETATIVE WASTE
(1) Vegetative waste shall be collected from the residences at least one time per week
and shall be on the same day as one of the collection days for solid waste. Collection shall begin
no earlier than 6:00 a.n~ and cease no later than 6:00 p.m. Vegetative waste shall be placed
adjacent to the pavement or traveled way of the street. Residents shah bag or box loose
vegetative waste and bundle larger items if possible. In the event of a dispute between the
Contractor and a customer as to what constitutes vegetative waste, the situation will be reviewed
and decided by the City Manager or his/her designee, whose decision shall be final.
(2) At the request of the City or at the request of a resident, the Contractor shah
collect vegetative waste on a day other than the regular scheduled collection day at a cost to the
resident equal to $11.50 per cubic yard. The Contractor shall collect the entire cost of this
additional special collection from the resident in advance of this additional collection service.
Upon receipt of payment, the Contractor shah cause the additional collection to occur within
forty-eight (48) hours. Any dispute between the Contractor and the resident regarding the
amount of trash collected, the charge or liability of the resident for the additional collection
services shah be submitted to the City Manager or his designee for resolution. The decision of the
City Manager as to the amount of the charge shall be binding upon the Contractor and the
resident.
Section 51.25 BULK TRASH
(1) Bulk trash shah be collected from residences within the City no more than once per
week. The bulk trash pickup day shah coincide with the first refuse collection day, which shall be
a Monday, Tuesday or Wednesday of each week.
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(2) At the request of the City or at the request of a resident, the Contractor shall
collect Bulk Trash on a day other than the regular scheduled collection day at a cost to the
resident equal to $22.00 per cubic yard. The Contractor shall collect the entire cost of this
additional special collection from the resident in advance of this additional collection service.
Upon receipt of payment, the Contractor shall cause the additional collection to occur within
forty-eight (48) hours. Any dispute between the Contractor and the resident regarding the
amount of trash collected, the charge or liability of the resident for the additional collection
services shall be submitted to the City Manager or his designee for resolution. The decision of the
City Manager as to the amount of the charge shall be binding upon the Contractor and the
resident.
CONTAINERS AND RECEPTACLES
Section 51.35 CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL
SITES.
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 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 chapter, 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 receptacles and determine whether the receptacles and containers are serviceable.
Section 51.36 APPROVAL OF CONTAINERS.
Garbage cans, and yard and garden trash containers, shall be of a size, style, and design as
have been approved by the City Manager or his designee for the accumulation, deposit, and
storage, respectively, of all garbage and trash.
Section 51.37 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 containers/
compactor equipment may be excluded from regular collection by the City or its' Contractor,
subject to the provisions of Sec. 51.16.
Section 51.38 UNDERGROUND CONTAINERS PROHIBITED.
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Containers partially or totally below the surface of the ground are prohibited except as to
those containers in use on July 3, 1975. Garbage in those containers partially or totally below the
surface of the ground must be placed in plastic bags.
Section 51.39 I~aANTENANCE OF CONTAINERS.
It shall be the responsibility of the users of garbage and yard trash containers furnished by
the City or the Contractor to clean and maintain those containers in a sanitary condition.
Section 51.40 PLACEMENT OF CONTAINERS ANI) TRASH; PRECOLLECTION
PRACTICES.
(A) Blockage of storm drains. It shall be unlawfifl 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) Dangerous trash Rems. 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 and others. Dangerous trash and waste materials shall include, but
shall not be limited to, broken glass, fight bulbs, sharp pieces of metal, fluorescent robes, and
television robes.
(C) Hazardous refuse. It shall be unlawfifl to place hazardous refuse in any receptacle
used for collection by the City.
(D) Household trash. It shall be unlawfifl 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 that material, provided those 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.
(E) Liquid garbage. In order to prevent spillage, garbage which contains liquids must
be wrapped, bagged, or otherwise enclosed in plastic containers for collection.
(F) Mechanical containers.
(1) 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 those containers:
(a) Tires.
(b) Motor vehicle parts.
(c) Carpet or padding larger than three feet by three feet.
(d) Metal pipe in excess of 1/2-inch by three feet.
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(e) Construction or building materials.
(f) Wood in excess of one inch by two inches by three feet.
(2) It shall be unlawful for anyone to place or maintain materials or place any
vehicle under their control, whether temporarily or permanently, so as to block access to any
mechanical container.
(3) The use of or the depositing of any garbage or trash into mechanical
containers shall only be by those persons, entities, or customers to whom mechanical containers
are assigned or who are paying for those mechanical containers.
(G) 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.
(H) Yard and garden trash. It shah be ,mlawfifl 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 those receptacles or containers shall not extend above
the rim thereof; and shall be contained by tight-fiRing 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 p.m on the day preceding the collection date.
(I) Recycling containers shall be placed beside the curb adjacent to the roadway no
earlier than 5:00 p.n~ on the day preceding the collection date for the material, provided those
items are covered or secured so as to avoid unsightly litter conditions. Any container placed at
curbside must be removed by 7:00 p.m on the day of collection.
Section 51.41 PREPARATION OF GARBAGE ANI} TRASH.
(A) All wet garbage matter shah 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 or recycling
containers.
(B) 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.
Section 51.42 CONTAINERS TO BE COVEREI).
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.
Section 51.43 USE OF RECEPTACLES BY OTHER PERSONS.
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It shall be unlawfifl for persons to use receptacles, containers, roll-out carts owned or
assigned to other persons without the express permission of that person.
Section 51.44 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 or from approved containers for excess materials.
Section 51.45 CONSTRUCTION AND DEMOLITION SITES.
(A) It shall be unlawfifl for any construction 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 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 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.
(B) 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 persons responsible.
The term "Responsible Person" used in this section shall mean the driver of the vehicle which
deposited the substance onto the street, his employer, the owner of the real property, or the prime
contractor in charge of a construction site from where the substance ori~nated.
Section 51.46 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.
Section 51.47 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.
All 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 those containers and store this material in an approved
location for collection.
SPECIAL REFUSE DISPOSAL PROBLEMS
Section 51.55 ASHES.
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It shall be unlawftfl to place ashes or live coals in containers unless those ashes or coals
have been wetted and are cool to the touch prior to placement in the container.
Section 51.56 CONTAGIOUS DISEASE REFUSE AND HYPODERMIC NEEDLES.
(A) It shall be unlawfifl to remove clothing, bedding, or other refuse from homes or
other places where highly contagious diseases have prevailed unless performed under the
supervision and direction of the County Health Department. This refuse shall not be placed in
containers for City collection.
(B) It shall be unlawfifl for any person to dispose of or discard any hypodermic
syringe, hypodermic needle, or any instrument or device for making hypodermic injection before
first breaking, disassembling, destroying, or otherwise rendering inoperable and incapable of
reuse, that 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 or other persons.
Section 51.57 OUT-OF-TOWN REFUSE; TRANSFER STATION.
It shah be unlawfifl for any person or agent to deposit any form of refuse collected outside
of the City limits at any place within the City limits other than at the transfer station.
Section 51.58 OFFENSIVE DEPOSITS; BURYING AND 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.
Section 51.59 RECYCLING BINS AND CONTAINERS.
It shall be unlawful for any unauthorized person or agent to remove articles or to
otherwise disturb materials in the City's recycling bins or to remove, damage, or destroy these
recycling bins. It shall be unlawfiJ1 for any unauthorized person or agent to remove articles or
otherwise disturb materials in curbside recycling containers, or to remove, damage, or destroy
curbside recycling containers.
RATES AND CHARGES
Section 51.70 REGULAR CHARGES LEVIED.
The following service charges or fees are levied for collection service:
Charges for the below-described collection service shall be as follows and shall commence
when a certificate of occupancy is issued for any residential or commercial units, and shall
continue monthly thereafter ~jnless service is discontinued in accordance with Sec. 51.73:
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(A) Residential (Single-Family)
Curbside Roilout Carts
Monthly Service Cost Per Unit
Garbage Collection 2.51
Recycling 1.40
Yard Trash 1.30
Bulk Trash 0.20
Total Fees -Contractor 5.41
Cart Replacement 0.90
Administrative Fee 0.35
Franchise Fees (5%) 0.27
Total Fees 6.93
Reardoor Owner Container*
Monthly Service Cost Per Unit
Garbage Collection 7.85
Recycling 1.40
Yard Trash 1.30
Bulk Trash 0.20
Total Fees -Contractor 10.75
Administrative Fee 0.35
Franchise Fee (5%) 0.54
Total Fees 11.64
Curbside Disposable Baes **
Monthly Service Cost Per Unit
Garbage/Trash Collection 1.55
Recycling 0.85
Total Fees -Contractor 2.40
Administrative Fee 0.35
Franchise Fee (5%) 0.12
Total Fees 2.87
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This reardoor service shah only be provided to residential areas located East of the
Intracoastal Waterway and Sherwood Park.
This curbside disposable bag service shah only be provided to residential areas located
at Imperial Villas and Country Manor.
Residential (Multi-Family)
Multiple-family dwelling units containing five units or more shall use containers
emptied by mechanical means, except as otherwise approved by the City because of lack of
suitable space for a mechanical container or other good reason. Multi-family monthly fees shall
contain a container charge and a per unit charge.
Multi-Family Rates
Container Monthly Maintenance Charge
Container Size Monthly Cost Franchise Fee Total Container Fees
2 yd. 19.40 1.94 21.34
3 yd. 21.44 2.14 23.58
4 yd. 22.21 2.22 24.43
6 yd. 25.53 2.55 28.08
8 yd. 27.09 2.71 29.80
Collection & Hauling Rate Per Unit
Monthly Service Monthly Cost Per Unit
Refuse Collection 1.35
Recycling 0.80
Total Per Unit Fees-Contractor 2.15
Administrative Fee 0.35
Franchise Fee (10%) 0.22
Total Monthly Fees Per Unit 2.72
(C) Commercial
(1) Commercial customers shall use mechanical containers and commercial
refuse container service. Commercial customers shall include, but not be limited to, all office
buildings, stores, filling stations, service establishments, fight industry, schools, churches, clubs,
-16- ORD. NO. 33-96
lodges, motels, laundries, hotels, public buildings, food service, and lodging establishments.
Commercial customers may use any of the following containers for accumulation of refuse:
(a) Commercial refuse containers. The City shall require any
commercial customer needing more than six refuse containers to use mechanical containers, if
feasible.
(b) Mechanical containers.
(2) The owners/operators of commercial establighments and other commercial
customers shall accumulate such refuse in those locations mutually agreed upon by the
owner/operator and the City or its contractors, and which are convenient for collection by the
City or its contractors.
(3) Containers emptied by mechanical means shall be provided by the City or
its contractors. These containers shall be emptied on a schedule mutually agreed upon by the
customer and the City or its contractors, but not less than one day a week nor more than six days
a week.
(4) Commercial customers needing less than six refuse containers, and those
approved for this type of service by the City in advance because they lack a suitable location for a
mechanical container shall also be serviced at least once per week. All garbage and commercial
trash shall be collected t~om such refuse containers at locations agreed to between the City or its
contractors and the customer. The charge shall be based upon the following for such garbage and
trash services:
Commercial Rates
Container Pickup Frequency
Container size 1 2 3 4 5 6
2yd Collection $ 8.76 $17.50 $ 26.26 $ 35.02 $ 43.76 $ 52.52
Disposal $13.35 $ 26.69 $ 40.04 $ 53.39 $ 66.73 $ 80.08
Container Maintenance fee $19.40. $19.40 $19.40 $19.40 $19.40. $19.40
Total- Contractor Fees $ 41.51 $ 63.59 $ 85.70 $107.81 $129.89 $152.00
Franchise Fees- 10% $ 4.15 $ 6.36 $ 8.57 $10.78 $12.99 $15.20
TotalFees $ 45.66 $ 69.95 $ 94.27 $118.59 $142.88 $167.20
Collection $13.13 $ 26.26 $ 39.39 $ 52.52 $ 65.65 $ 78.78
3 yd Disposal $ 20.02 $ 40.04 $ 60.06 $ 80.08 $100.10 $120.12
Container Maintenance fee $ 21.44 $ 21.44 $ 21.44 $ 21.44 $ 21.44 $ 21.44
Total- Contractor Fees $_ 54.59 $ 87.74 $120.89 $154.04 $187.19 $220.34
Franchise Fees - 10% $ 5.46 $ 8.77 $12.09 $15.40 $18.72 $ 22.03
TotaiFees $ 60.05 $ 96.51 $132.98 $169.44 $205.91 $242.37
Collection $17.50 $ 35.02 $ 52.52 $ 70.02 $ 87.54 $105.04
4yd Disposal $ 26.69 $ 53.39 $ 80.08 $106.77 $133.47 $160.16
Container Maintenance fee $ 22.21 $ 22.21 $ 22.21 $ 22.21 $ 22.21 $ 22.21
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Total- Contractor Fees $ 66.40 $110.62 $154.81 $199.00 $243.22 $287.41
Franchise Fees (10%) $ 6.64 $11.06 $15.48 $19.90 $24.32 $28.74
Total Fees $ 73.04 $121.68 $170.29 $218.90 $267.54 $316.15
Collection $ 26.26 $ 52.52 $ 78.78 $105.04 $131.30 $157.56
6yd Disposal $ 40.04 $ 80.08 $120.12 $160.16 $200.20 $240.24
Container Maintenance fee $ 25.53 $ 25.53 $ 25.53 $ 25.53 $ 25.53 $ 25.53
Total- Contractor $ 91.83 $158.13 $224.43 $290.73 $357.03 $423.33
Franchise Fees (10%) $ 9.18 $15.81 $22.44 $29.07 $35.70 $42.33
Total Fees $101.01 $173.94 $246.87 $319.80 $392.73 $465.66
Collection $ 35.02 $ 70.02 $105.04 $140.06 $175.06 $210.08
8 yd Disposal $ 53.39 $106.77 $160.16 $213.55 $266.93 $320.32
Container Maintenance fee $ 27.09 $ 27.09 $ 27.09 $ 27.09 $ 27.09 $ 27.09
Total - Contractor $115.50 $203.88 $292.29 $380.70 $469.08 $557.49
Franchise Fees (10%) $11.55 $ 20.39 $ 29.30 $ 38.07 $ 46.91 $ 55.75
Total Fees $127.05 $224.27 $321.59 $418.77 $515.99 $613.24
95-Gallon Cart Service
Pick-ups per week Monthly Charge * Franchise Fee Total Fee {Month)
1 $ 26.15 $ 2.62 $ 28.77
2 $ 50.87 $ 5.09 $ 55.96
3 $ 77.02 $7.70 $ 84.72
4 $102.46 $10.25 $112.71
5 $127.90 $12.79 $140.69
6 $152.63 $15.26 $167.89
· These rates include collection and container maintenance fees.
Note: The foregoing rates are based on $23.00 per ten ($1.54 per cubic yard), which is the anticipated
Solid Waste Authority tipping fee to be effective October 1, 1996.
(D) The charges set forth above for mechanical containers and commercial refuse
container service 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 or provided by the City's
Contractor shall be used. Where more than one user is serviced by one container, the monthly
charges shall be levied to each customer by dividing the total monthly cost by the number of
customers using that container. The term "CUSTOMER" as employed herein is any person using
the service or to whom the service is available. Even if the customer is different t~om the person
who is actually billed for or pays for the service, the minimum monthly charge referred to above
shall be calculated as to each customer.
SECTION 51.71 PAYMENT AND BILLING:
(A) Compensation: The City shall pay the Contractor compensation for the
performance of the Contract, the sums due as set forth in Section 51.70, subject to any conditions
or deductions as provided under the Contract. Contractor shall submit an invoice by the 10th of
each month for residential services rendered during the preceding month, and payments will be
made to the Contractor within 30 days upon receipt and verification of the invoice submitted.
-18~ ORD. NO. 33-96
Multi-family and commercial services will be billed directly by the Contractor in accordance with
the Schedule of Rates set forth in Section 51.70, subject to any conditions or deductions as
provided under this Agreement.
(B) Billing Procedures: Billing arrangements for the various service types are
summarized as follows:
Service Type Customer Billed By
Solid Waste Collection
Residential City
Commercial and Multi-Family Contractor
Vegetative Waste Collection
Residential City
Recyclable Materials Collection
Residential City
Commercial and Multi-Family Contractor
Container RentaFPurchase and Container Special Services
Residential City
Commercial and Multi-Family Contractor
On the first day of each month the Contract payment(s) for all services hereunder shall be adjusted
to correspond with the occupancy of existing or new buildings, and the demolition of old
buildings. The adjustment made on the first day of each month shaH be for buildings either
occupied or demolished during the second month preceding the adjustments; for example, any
change which is made on June 1 of any year will be for buildings occupied or demolished in April
of the subject year. Any existing trait shall be considered unoccupied whenever the City has
temporarily terminated water service, at the customer's request only. Any new unit shall be
considered to be occupied when a certificate of occupancy has been issued and water service has
been provided to the unit's occupant(s). Proof of demolition shall be demolition permits issued by
the Building Department.
(C) Disposal Costs: Residential and multi-family solid waste disposal costs shall not
be included with residential and multi-family collection service costs. Residential and multi-family
disposal costs will be billed by the Solid Wast Authority of Palm Beach County by non-ad
valorem assessment. The Contractor will be given a disposal credit for each residential unit as
calculated by the Solid Waste Authority; however, the City shall not be responsible for disposal
shortfall costs.
Part of the commercial disposal costs will be billed by the Solid Waste Authority by non-
ad valorem assessment. The non-assessment portion of the commercial disposal costs will be
billed to the commercial customers by the Contractor. The Contractor shall pay the Authority for
-19- ORD. NO. 33-96
all solid waste disposal costs incurred and not paid through non-ad valorem assessment.
All commercial customers shall be serviced at least one (1) time per week for refuse and
recycling and more frequently based upon the amount of refuse generated. All multi-family
customers shall be serviced at least one (1) time per week for refuse and recycling. If the amount
of refuse generated requires more than two (2) times per week collection, then the third (3rd) and
all subsequent collections shall be charged the commercial collection rate only.
The Contractor shall bill commercial customers the appropriate fees as set forth in Section
51.70: (1) Container Monthly Maintenance Charge; (2) the Container Monthly Disposal Charge;
and (3) the Monthly Collection and Hauling Fees with a t~anchise fee as determined by the City
added. The Contractor shall remit all franchise fees to the City on a monthly basis. The City shall
not be responsible for any disposal shortfall costs; however, the charge for disposal to the
customer shall increase or decrease in accordance with the charges of the Solid Waste Authority.
The Contractor shall bill multi-family customers the appropriate fees as set forth in Section
51.70: (1) Container Monthly Maintenance Charge; and (2) the Monthly Collection and Hauling
Fees with a franchise fee and administrative fee as determined by the City added. The Contractor
shall remit all franchise and administrative fees to the City on a monthly basis. The City shall not
be responsible for any multi-family disposal shortfall costs.
Section 51.72 METltOI) OF BILLING FOR CHARGES.
The regular monthly charge as set forth in Sec. 51.70, 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 all other charges, provided
that garbage and trash collection service charges shall be itemized separately on that statement.
However, the City's contractors shall bill the customers receiving mechanical containers and
commercial refuse container service, as set forth in Sec. 51.70, the monthly service charges for
that service, which may include a late fee in the amount of 1.5% of the unpaid balance for
delinquent accounts receiving mechanical containers and commercial refuse container service, but
that any delinquent bills shall in the alternative be referable to the City for collection pursuant to
the provisions set forth in this chapter.
Section 51.73 DELINQUENT PAYMENTS~ LIEN.
Any bill remaining unpaid for a period of thirty (30) days after rendition shall be
delinquent. A late fee shall be assessed by the contractor in the amount of 1.5% of the unpaid
balance on delinquent customer accounts receiving mechanical containers and commercial refuse
container service or the contractor may refer collection to the City pursuant to the provisions set
forth in this chapter. 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 Sec. 52.51) within eighteen
(18) days, the City shall file a lien against the property and may pursue foreclosure of the 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.
-20- ORD. NO. 33-96
Section 51.74 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 premises to avail
himself of the use of City water or collection service shall not relieve him t~om the payment of
collection service charges.
Section 51.75 PERSON BILLED FOR WATER SHALL BE 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 those fees, rates and charges therefore, except that wherein no water service is
rendered and collection service is requested or deemed necessary these fees shall be the
responsibility of the owner or tenant of that property. All charges will continue whether or not
the water meter is actually mined on or off and without regard to usage or occupancy, except
when a customer requests temporary shut off of water services.
Section 51.76 COLLECTION CHARGE FOR RETURNED 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 instead is returned, the City shall
assess a $25 service charge for each check so returned in accordance with the City's returned
check policy established in Chapter 39 oft/ds Code of Ordinances, and this charge shall be added
to the utility bill.
Section 51.77 UNBILLED PROPERTIF~S~ REMEDIAL MEASURES.
(A) The contractor is entitled to payment for services rendered to properties for each
dwelling unit within the City. If it is discovered that dwelling units have not been billed for
services rendered, then the City shall bill for the total of all monthly service charges due,
retroactive to the date services started or the beginning of the fiscal year, whichever date is later.
Thereafter, service charges for such units shall be billed monthly as provided in Section 51.71.
(B) Dwelling unit is defined in Appendix A, "Definitions", of the Land Development
Regulations of the Code of Ordinances of the City of Dekay Beach, Florida.
Section 51.98 VIOLATION.
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.
Cross-reference:
Enforcement by Code Enforcement Board as supplemental
method of enforcement, see Chapter 37
-21- ORD. NO. 33-96
Section 51.99 PENALTY.
Any violation of this Chapter shall be governed by Section 10.99 "General Penalty".
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 shah 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 in conflict herewith by and the
same are hereby repealed.
Section 4. That this ordinance shall become effective October 1, 1996.
PASSED AND ADOPTED in regular session on second and final reading on this the __
day of ,1996.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
ch51-1.ord
~22- ORD. NO. 33-96