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22-75 ORDINANCE NO. 22-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 14A OF THE CODE OF ORDINANCES, "GARBAGE, TRASH AND WEEDS", AND ENACTING A NEW CHAPTER 14A, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; DEFINING THE TERMS AS USED HEREIN; ESTABLISHING AND IMPOSING CHARGES AND FEES FOR THE GARBAGE AND TRASH COLLECTION; DECLARING CERTAIN ACTS OR PRACTICES RELATIVE TO THE ACCUMULATION, DEPOSIT, STORAGE, AND HANDLING OF GARBAGE AND TRASH TO BE UNLAWFUL AND A VIOLATION OF THIS ORDINANCE; PRESCRIBING TYPES OF CONTAINERS; PRE- SCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. WHEREAS, the Public Works Department of the City of Delray Beach has made recommendations concerning changes in the policy of collecting garbage and trash in the City of Delray Beach; and, WHEREAS, the City Council of the City of Delray Beach, Florida, concurs in said recommendations; and, WHEREAS,. the City Administration is in agreement with the recommenda- tions proposed, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 14A "Garbage, Trash and Weeds" of the Code of Ordinances of the City of Delray Beach, as amended, is kereby repealed. Section 2. That the following Chapter 14A "Garbage and Trash" shall replace Chapter 14A "Garbage, Trash and Weeds" of the Code of Ordinances of the City of Delray Beach repealed in Section 1 above. Chapter 14A GARBAGE AND TRASH Sec. 14A-1. Definitions. For the purpose of this chapter: (a) Garbage. The word "garbage" is hereby defined to mean every refuse accumulation of animal, fruit, or vegetable matter that attends the preparation, use, cooking, and dealing in, or stor- age of, meats, fish, fowl, fruits, or vegetables, and any other matter of any nature whatsoever which is subject to decay and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects; and any bottles, cans, or other containers which, due to their ability to retain water, may serve as breeding places for mosquitoes or other water- breeding insects. It also shall mean refuse accumulation of paper, wooden or packaging material or other containers, sweepings, and all accumulations of a nature which are usual to housekeeping except materials of this type which, because of their bulk, are too large to be properly placed in garbage cans. (b) Trash. The term "trash" shall mean all accumulations of grass, tree, or shrubbery cuttings and other refuse incident to the care of lawns, shrubbery, vines and trees, and includes dis- carded household items such as electrical appliances, furniture, and other household items too large to be properly placed in garbage cans. (c) Garbage Cans. The term "garbage cans" shall be defined to mean a galvanized iron can or plastic type garbage can of the type commonly sold as a "garbage can", of a capacity not to exceed thirty-two gallons, or of the type commonly sold as an "ash can" of a capacity not to exceed thirty-two gallons, and, in either case, such cans shall have two handles upon the sides of the can, or a bail by which it may be lifted, and shall have a tight-fitting top. (d) Trash Container. The term "trash container" shall mean any garbage can, plastic or metallic container, of a size not to exceed five cubic feet in capacity, for the purpose of storing trash, as hereinabove defined. Trash may also be containerized in commercial type containers approved by the Director of Public Works Department or in containers or bundles weighing not more than fifty pounds or over four feet in length. (e) Residential Dwelling Unit. The term "Residential Dwelling Unit" shall be any family living unit, and, where two or more families are living on the same premises, each shall be considered as a separate residential dwelling unit. In apartment buildings, condominiums, cooperatives, duplexes and the like, each living unit shall be considered a separate residential dwelling unit. Sec. 14A-2. Garbage or Trash Cans - Required. (a) Garbage and trash containers, except commercial type provided by the City, shall be provided by the owner, tenant, lessor or occupant of the premises. Any container that does not conform to the provisions of this ordinance or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof or that, if not compati- ble with or likely to damage the City's collection equipment, shall be promptly replaced upon notice from the Director of the Department of Public Works. All garbage and trash shall be placed in the containers herein specified or otherwise prepared in accordance herewith or it will not be picked up by the City. (b) Each residential dwelling unit in the City is hereby required to provide a garbage can or cans and trash container or containers of sufficient number to hold four days accumulation of garbage or trash, as the case may be. (c) Containers partially or totally below the surface of the ground are hereby prohibited except as to those containers in use on the effective date of this ordinance. kd) It shall be the responsibility of the users of garbage and trash containers furnished by the City to clean and maintain such con- tainers in a sanitary condition. Sec. 14A-3. Same - Accessibility. (a) No garbage can or trash container shall be kept or maintained upon or adjacent to any street, sidewalk, parkway, front yard, side yard, or other place within the view of persons using the City's streets and sidewalks, except that: -2- Ord. No. 22-75. The owner or occupant of any premises may erect or construct and maintain upon any portion of the rear of his own prem- ises a permanent bin, pit, or other structure in which garbage cans and trash containers may be kept; provided, that such bin, pit, or other structure is maintained in a clean, sanitary, and sightly condition. (2) Garden type trash (not containerized) such as trees, shrub- bery, cuttings and palm fronds may be placed upon adjacent unimproved property not in the ownership or tenancy of the person by whom the garbage or trash is accumulated provided that such garden type trash is not more than six feet in length except palm fronds which may be longer and not placed upon such property more than one week prior to the scheduled day of collection; provided further that garden trash may only be placed upon such unimproved property with the con- sent of the owner. If garden-type trash is placed upon adjacent property in accordance herewith, this shall not constitute a violation of'Chapter 5A of the Code of Ordi- nances of the City of Delray Beach. (3) Trash accumulations in areas where daily collection is pro- vided shall be placed in the prescribed trash containers, or may be placed in available cardboard boxes where such boxes are a part of the trash to be collected. Loose papers, packing materials and any other loose trash shall not be placed in a bin or other re-usable receptacle which cannot readily be carried, lifted and dumped onto a truck by more than one man. In the event that waste cardboard containers are used they shall be so protected from rain that their condition at the time of collection is adequate to hold the contained trash without danger of spillage due to failure. The container shall be placed at t~e rear of the establishment and be located near an area where the trucks can be loaded. (b) Placement of Garbage and Trash for Collection. (1) Residential - Trash shall be placed at the edge of the paved street or alley immediately adjacent to the property from which the trash originated except as set forth in Section 14A-3(2). Neither containerized trash nor inorgan- ic household trash suck as discarded electrical appliances, mattresses, and furniture shall be placed out for collec- tion more than 24 hours prior to the scheduled day of collection. Garden-type trash may be put out for collec- tion not more than one week prior to the scheduled collection day. Containerized trash will be picked up by City garbage crews on the same day scheduled for garbage pickup. Uncontainerized trash will be picked up in accordance with the City trash schedule established by the Director of the Public Works Department. (2) Commercial - Garbage cans, trash containers and uncontain- erized trash shall be kept in an area where they are easily accessible for pickup. Sec. 14A-4. Same - Inspection; Condemnation, appeal from same. All garbage cans ~nd trash containers shall be subject to in- spection and approval or condemnation by the inspectors of the Public Works Department of the City. No appeal from such condemnation shall be possible except to the Director of Public Works. -3- Ord. No. 22-75. Sec. 14A-5. Preparation of Garbage. All wet garbage matter shall be wrapped in paper or disposable containers before being placed in garbage cans. All garbage, after having been so wrapped and drained of all liquids, shall be daily deposited in garbage cans herein required. Tin cans, bottles, and other containers shall first be drained of all liquid and shall be deposited in garbage cans. All garbage and trash cans 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 can or when collection is being made. Sec. 14A-6. Preparation of Trash. Trash shall be placed in trash containers whenever practicable. All trash shall be so prepared and contained so as not to be blown about by the wind. Sec. 14A-7. Burial prohibited, exception; Container construction and design. 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 water course any noxious, filthy, maladorous, or offensive liquid or solid material, gar- bage or trash, or place or keep such materials,' garbage, or trash anywhere within the limits of the city in any vessel or recept- acle other than in a standard, approved garbage can or trash container from which regular collections are to be made. Such garbage cans and trash containers shall be of such size, style, and design as have been approved by the Department of Public Works of the city for the accumulation, deposit and storage, respectively, of garbage and trash. Sec. 14A-8. Service Charge or Fee. (a) Class Description. (1) Residential Dwelling Unit - $3.50 per month for garbage pickup. This charge shall commence when a certificate of occupancy is issued for a residential dwelling unit and shall continue monthly thereafter unless service is dis- continued in accordance with 14A-8(c). (2) Commercial and customers other than those specified in (1) above for garbage and trash - $1.50 per cubic yard with a minimum monthly charge of $7.00 per month per customer. The minimum monthly charge shall be levied as to each cus- tomer despite the fact that there may be several customers using the same container. Users in this category will be charged on the basis of the size of the container they are using without regard to the fact that such container may or may not be full. The charge will be levied as if all such containers were full. (b) Method of Billing. The monthly charge in paragraph ~) above shall be billed togethe with and as a part of the monthly statement issued by this city for water services, at the same time as such other charges, pro- vided that such garbage and trash collection service charges shall be itemized separately on such statement. -4- Ord. No. 22-75. (c) Delinquency; discontinuance of service. Delinquency in the payment of these fees shall be equal to and the same as'being delinquent for water billed, and the city may discontinue water service until these fees are fully paid. Likewise, discontinuance of water service at the customer's request shall also result in discontinuance of the services provided for in this ordinance. (d) Unimproved property. However, if water is being furnished the premises of any owner and there is no service under this ordinance furnished because of no improvements or buildings on the premises, no fee will be charged under this ordinance. The failure of a tenant or owner of any premise to avail himself of the use of city water or collection service shall not relieve him from the payment of collection service charges. (e) Charge to be billed to users' record of water services. The person or company in whose name the water services are billed shall be considered and.declared to be for the purpose of the enforcement of this article responsible for the payment of such fees, rates, and charges therefor as are hereby estab- lished or as hereafter modified by the City Council of the City of Delray Beach, except that wherein no water service is rend- ered and collection service is requested or deemed necessary such fees shall be the responsibility of the owner or tenant of such property. Sec. 14A-9. Residential Trash Collection. (a) Persons, firms or corporations engaged in either commercial landscape or lawn maintenance businesses shall be responsible for hauling trash generated by their activities to the City's disposal area. The City shall pay the disposal fee for the trash and shall require a signed statement from the person hauling it affirming the fact that the trash originated from real property located in the municipal limits of Delray Beach. (b) The City shall pick up, haul, and dispose of residential trash other than that specified in (1) above at no additional cost except that the City shall not be responsible for either pickin¢ up, hauling, or disposing of (whether for a fee or not) trash generated by construction activity or any other trash which is likely to damage the City's collection equipment. Construction material and other trash not qualifying for City pick-up, haul- ing, or disposal shall not be placed on a public road right-of- way. Sec. 14A-10. Garbage collection reserved in the City; procedure for awarding franchise for private collection. The governmental function of collection, removal and dispositio] of all garbage and trash (except garden trash) within the muni- cipal limits of the City is hereby exclusively vested in the municipal goverment of said City and all other individuals, persons, firms or corporations are hereby specifically prohibit. ed from engaging in such practice or business within the corporat( limits of said municipality, and from utilizing the publicly dedicated streets, alleys or thoroughfares for said purposes, provided, however, that in the event the City Council should determine that said functions can be performed by private enter- prise on a more economical and efficient basis, said Council may award an exclusive franchise to a private concern for the performance of said functions upon such terms and conditions as are determined by the City Council, in their judgment, to be most beneficial to the citizens of the municipality. -5- Ord. No. 22-75. Sec. 14A-11. Reserved. Sec. 14A-12. Enforcement of chapter provisions; penalty for violation (a) It shall be unlawful for any person to neglect, fail, or refuse to comply with and abide by any of the provisions of this chap- ter. The performance on each day of any prohibited act or practice or the failure to perform on each day of any required act or practice shall constitute a separate and distinct viola- tion of this chapter and a separate offense hereunder ~nd shall be punishable as such. (b) Any person who falsifies a statement required by Section 14A-9(a) shall upon conviction thereof be fined not less than $100 and not more than $500 for eack statement so falsified. (c) Any person who shall violate this chapter other than Section 14A-9(a) relating to the statements required for the City to pay the disposal fee shall, upon conviction thereof, be fined not more than five hundred dollars or be imprisoned in the city jail not to exceed sixty days, or by both such fine and imprisonment. Section 3.- All ordinances or parts of ordinances in conflict here- with be and the same are hereby repealed. PASSED AND ADOPTED in regular session on second and final reading on this the 23rdday of June , 1975. City Clerk First Reading May 27, 1975 Second Reading Jun~ 23~ 1975 -6- Ord. No. 22-75.