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Ord G-222(26-55) ORDINANCE NO S 222 AN EMERGENCY ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, DEFINING THE TER~S AS USED HEREIN: ESTAB- LISHING AND INrPOSING CHARGES AND FEES FOR THE SER- VICE OF GARBAGE AND TRASH COLLECTION RENDERED STORES, SHOPS, RESTAURANTS, HOTELS, BOARDING AND APARTMENT HOUSES, DUPLEXES AND HOUSEHOLDS BY SAID CITY: DECLAR- ING CERTAIN ACTS OR PRACTICES RELATIVE TO THE ACCUMU- LATION, DEPOSIT, STORAGE, AND HANDLING OF GARBAGE AND TRASH TO BE UNLAWFUL AND A VIOLATION OF THIS OR- DINANCE; PRESCRIBING TYPES OF CONTAINERS; PRESCRIB- ING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR PART~ OF ORDINANCES, INSOFAR AS THEY ~AY BE IN CONFLICT OR IN- CONSISTENT WITH THE P~9OVISIONS OF THIS ORDINANCE; AND FOR OTHER PURPOSES. %~f{EREAS it is necessary for the preservation of the public health and welfare within the City of Delray Beach that regulations be prescribed for the proper storage of refuse within said City and, WHEREAS for the daily operation of the Sanitation Division of the Department of Public Works it is necessary that said requla- ±ions be made effective immediately, and that an emergency exists, NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OP DELRAY BEACH, FLORIDA: ~ec~i0n 1. Definitions.. For the purpose of this ordinance: (a) Refuse. The word "refuse" is hereby defined to mean gar- bs~e, household %r~h, and garden trash, as herein defined. (b) Garbage. The word "garbaqe" is hereby defined %o mean every refuse accumulation of animal, fruit, or vegetable ma%tar that at%ends the preparation, use, cooking, and dealing in, or storage of, meats, fish, fowl, fruits, or vegetables, and any other matter of any nature whatsoever which is subject to decay and the generation of nox- ious or offensive cases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carry- ina insects; and any bottles, cans, or other containers which, due to ~heir ability %o retain water, may serve as breeding places for mos- quitoes or other water-breedinq insec~so (c) Household tr.a..s..h. The term "household trash" shall mean refuse accumula{io~ of paper, wooden or paper boxes or other contain- ers, sweepin.cs, and all accumulations of a nature other than garbage which are usual to housekeeping. (d) Garden trash, The term "garden trash" shall mean all ac- cumulations of arass, tree, or shrubbery cuttings and other refuse incident fo the care of lawns, shrubbery, vines, and trees. (e) ~arb.a.~e. cans. The lerm "garbage can" shall be defined to mean a galvanized iron can of ~he type commonly sold as a "garbage can", of a capacity not to exceed twenty-five (25) gallons, or of the type commonly sold as an "ash can" of a capacity no% to exceed thirty (30) ~allons, and, in either case,! ,uch cans shall have two handles upon the sides of the can, or a bail by which it may be lifted, and shall have a ~ight-fit%inq metal top. (f) .Tr~.sh container, The term "trash container" shall mean any wood or metallic cbntainer, of a sime not to exceed five (5~ cubic fee~ in capacity, for ~he purpose of storing household trash, as here- inabove defined. (a) Household. The term "household" shall be any family liv- in~ uni~, and, 'where"tWo or more families are living on %he same pre- mises, each shall be considered as a household. Duplexes also shall be considered as households and defined as such for the purposes of this crdinance. (h) Apartment house. The term "apartment house" shall mean ~n" ~trttcture W~er~ %here ar~ three or more residential units. Secti0~ 2....~arb~qe.gr. ~r~.qh can required. All sto~es, shops, restaurants, hotels, boarding or apartment houses, warehouses, duplexes, households, and other places in said City are hereby required to provide a ~arbage can or cans and trash ~ , con,airier or containers of sufficient number to hold three (3) days sceumul~-t~on of ~arbage or trash, as the case may be. Section 8. Separation of garbage from household trash; cans to be All wet ~arbage matter shall be wrapped in paper before being placed in ~srbage cans. All garbage, after having been so wrapped and drained of all liquids, shall be daily deposited in Garbage cans here- in required. Tin cans, bottles, and other containers shall first be drained of all liquid and shall be deposited in. garbage cans. House- hold trash may be combined with garbage or may be placed in a separate con±ainer. Any ar%icles of household trash not placed in the prescrib- ed container will not be picked up. In the event such an article is too lerce and cannot be reduced ~o a size which can be placed in a container i~ may be placed with the garden trash, immediately prior to the collection date for such material. All garbage and trash cans shall be kep~ tichtly 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. ~gction, 4.. Accessibility. No carbace 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 %he view of persons using ~he City's streets and sidewalks, except that: 1. Th~ owner or occupant of any premises may erect or con- struct and maintain upon any portion of the rear of his own premises a permanent bin, pit, or other structure in which garbage cans and ~r~sh containers may be kept; provided, that such bin, pit, or other s~ructure is maintained in a clean, sanitary, and sightly condition. 2. Garbace cans and trash containers shall no% be kept upon neichborinc property not in the ownership or tenancy of the person by whom the Garbace or trash is accumulated, irrespective of whether or not such neighboring property be vacant or improved. Where the pre- mises abut upon a used alley, garbage cans and trash containers shall be placed within easy and convenient access to such alley. ~. Trash accumulations in areas where daily collection is pro- vided shall be placed in the prescribed trash containers, or maybe placed in available cardboard boxes where such boxes are a part of the trash to be collected. Loose papers, pa~king 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 not more than %we men. 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 c~ntained trash without dan- ~er of spillage due to failure. Wherever possible containers shall be placed at the rear of ~he establishment and be located near an area where the ~rucks can be loaded. SectiQD..5....R~moval.,0f..~ard~n Garden trash shall be deposited upon the parkway immediately in front of the premises of the person bY whom such accumulation is made, or where such premises are located upon a used alley, at a poin~ easily accessible to and readily noticeable from such alley, on the days prior to th~ dates specified, from time to time, by the City, for the collection of trash from such premises. It shall be unlawful for any person ~o deposit such Garden trash upon any adjoining lot or pre- -2- mises, whether vacant or improved, occupied or unoccupied, or upon any other lot or premises, or street, alley, or park, or in any canal or waterway, lake or pool within the City. Garden trash containing no combustible matter, or which will not, during decay, give off offen- sive odors, may be accumulated by the owner as a mulch or compost pile in the rear of the premises upon which accumulated. Section 6. Inspection of Garbage cans and trash containers; Condemnation. All carb~ce c~ns ~nd trash containers shall be subject to inspection and approval or condemnation by the Inspectors of the Pub- lic Works Department and the Health Officers of the Citz~ No appeal from such condemnation shall be possible except to the Director of Public Works and to the Health Officer of the City. ~.ec~i0~ .7...B~ria~ of ~arba~e or trash. No person, firm, or corporation shall deposit on or bury in, or cause to be deposited on or buried in, any land, public square, street, ~llev, v=cant or unoccupied lot, or any creek or water course ~ny no×ious,'filthy, m~lodorous, or offensive liquid or solid mater- i~l, ~rb~e, or trash, or place or keep such materials, ~arba?e, or ±r~sh =nywhere within the limits of the City of Delray Beach, Florida, in ~ny vessel or receptacle other than in a standard, approved garbage can or trash cont=iner from which regular collections are to be made. Such ~rbage c~ns and trash containers shall be of such size, style, end design ~s have been approved by the Department of Public Works of s ld~' City for the ~ccumulatlon,' deposit, and storage, respectively, of carbace and trash. The Director of the Department of Public Works and the Health Officer may, however, ~pprove in writing certain places for the burial of such garbage or trash. Section 8. Removal by per~ons other.than 9mp~py~e.s..of the In all cases in which garbage or trash is removed or disposed of by persons other than the employees of the department of Public Works of the City, the owner or occupant of the premises from which ~uch removal is made shall previously report to the Director of Public Works and the Health Officer of the City, the name and address of the persons by which such removal is to be made, the description of the vehicle in which it is to be transported, the loc~tion at which and the m~nner in which the ultimate disposition of the ~arbage and trash is to be accomplished. No person shall contract or permit himself to be employed for such private disposi~ion of garbage and trash unless he shall have first procured a license or permit therefor from the Direc- tor of the Department of Public Works of the City. Section 9. Transport~.tion of ~arbaqe through th? streets It sh~ll be unlawful for any person to transport garbage through or over the streets or alleys of the City without mC. king a re- port thereof to the Director of the Department of Public Works and the He~.lth Officer of the City, or without having first secured a license or permit therefor. Sgqtigp..10o Househol~ash ~o be c0vgr9~ 9r weighted. All household trash deposited in trash containers shall either be covered, or the trash in such containers shall be weighted down, so that the lighter m~terials cannot be blown from such containers. Section 11. Service charge or fee. (~) There is hereby fixed, established, and imposed a service charge or fee of one (1~) cent per cubic foot, or fr~ction thereof, for ~he services rendered by the City in the collection and disposi- tion of garbage and trash, as herein defined, from any store, shop, restaurant, hotel, boarding or apartment house, warehouse, or other place of business in said City, which service charge or fa? shall be payable at the office of the City. Treasurer quarterly, semi-annually or ~nnu~lly in ~dv~nce of the perlod for which such services ~re to be rendered bv s~id City; provided, howe~er, that for the purpose of de- [?:'miDin~ ±he amount of trash and garbage to be collected at each store, shop, restaurant, hotel, boarding or apartment house, warehouse, dup].e~, ho~:sehold, or other place of business, should ~here be a dis- ~gr.~em~nt be±tCeen the Dep~rtment of Public "orks of said City and the p~rson, firm, or corporation liable for the payment of such fee, the Director of Public Works shall designate one of his employees to mea- sure such trash and aarbage collected from such place of business for ~ne or more ~verace weekly periods selected by the Director of Public Works, and the ntumber of cubic feet of trash and garbage measured and collected durin~ such period, multiplied by thirteen (13), shall be ~aken ~nd considered by s~.~d Department of Public Works as the amount of trash ~nd aarbage to be charged for during such quarter at the aforementioned r~te of one (1~) c~nt per cubic foot; provided, however, that no such quarterly payment shall be in an amount less than Three (~.00) Dollars quarterly. (b) The owner or operator of any store, shop, restaurant, hotel, boarding or ap~rtmen~ house, warehouse, duplex, household, or other place of business in said City shall have the right and option, in lieu of h~vin~ his trash and garbage collected by the City, to haul his q~rba~e or ~rash, or cause the same to be hauled, to the City's disposal ~.'re~ fo be disposed of, upon the payment of a service charge or fee of ~wenty-five (25~) cents per cu.yd., payable ~nnually in ad- vnnce, which is hereby fixed, established, and imposed for the ser- vices rendered by said City for such services. (c) E~ch household shall pay a service charge or fee of Three ($~.00) Dollors per quarter, payable quarterly in advance, and duplex- ex sh~ll P~V Three (~8.00) Dollars per unit, totol of Six ($6.00) Dol- lars, per quarter, p~y~ble quarterly in advance. (d) The payment of the service charge or fee hereinabove fix- ed, established, and imposed sh~ll entitle the person, firm, or cor- poration pmyin~ the same to garbage ~nd trash collection and disposal service by said City from the premises for which such payment shall have been m~de, and only to the extent of such advance payment. Section 1~. License, etc., required for private garbage dis- pos~l. ~' No person shall remove garbage or trash from any household in the C~!. , or transport ~arbage or ±rash through the streets, alleys or other public w~ys of the Ct±y, or dump, incinerate, or in ~ny other m~nner dispose of carbage or tres~ originating in the City, or,contract for, or permi~ himself to be employed or engaged for, any such removal, transportation, or disposal without having first secured a license ~or such s,srvice from ~he T~x ~ssessor of the City, evidencing the payment to ~he City Treasurer of the fee pzescribed by the license schedule, ~efore issuinc any such license, ~he Tax Assessor shall require the execution of ~n application form ~o be furnished by him, showing the name or n~mes of the person to be licensed or, in the cese of a corpo- ration, the n~mes of the principal officers ~nd the names of the person or persons ~ho are ac~us, ll¥ to perform such service for the corporation, ±o~ether with the business and home addresses of eech of such persons; the descriDtion of the ecfuipment to be used for such removal, trens- port~tion, and disposal; the exact location of and the method of dis- posal. The aDplicatiQn shall be first submitted to the Director of the D&psrtment of Public Works and the Health Officer who shall make a full investigation of the application, and, if they ~scer±aln end determine that such ~rba~e and trash are to be removed and disposed of by the ~pplic~nt in ~ clean and s.~nit~ry monner and in such a way as not to affect adversely the public health of the City, they shall approve the s~me. Otherwise, they shall disapprove such application. When such application specifies a point of disposal beyond the limits of the City, the Health Officer and the Director of the Department of Public Works sh~ll .scerteln whether or not the disposal of garbage at the point n~med ~nd by the method described in the appllc..tlon are satisfactory to the propor ..uthorltles of Palm Beach County or of the municipality, if such point be within another municipality. No license under this section shall chan~e any of the personnel named in such application, nor any of the equipment used for the removal or transportation of re- fuse, nor the location or method of its disposal as described in such ~pplication without having first reported such changes to the Director of the Department of Public Works and the Health Officer of the City, -4- or without having first secured their approval and permission there- for, In the case of ch~n~es in the location and method of disposal, if beyond the limits of the ~ty, such changes shs. ll also be first approved by the proper authorities of Palm Beach County or of the municipality within which such d~spos~l point is to be loch, ted. Section 13. Enforcement. (~) It shall be unlawful for any person, firm, or corpora- tion to neclect, fail, or refuse to comply with and abide by any of the provisions of this ordinance. The performance on each day of any prohibited act or practice or the failure to perform on e~,ch day of any required ~ct or proctice sh~ll constitute a separate ~nd distinct violation of this ordinance ~nd a separate offense hereunder and shall be punishable ~s such. (b) The City Treasurer may swear out a warrant for any per- son or persons failinc to comply with this ordinance. Such violators shall be punished upon conviction as provided herein. (c) Any person, firm, or corporation who shall violate this ordinance sh~ll, upon conviction thereof, be fined not more than Five Hundred (~500.00) Dollars or be imprisoned in the City Jail or at hard l~bor upon the streets or other public works of the City not to ex- ceed sixty (80) d~ys, or by both such fine and imprisonment. Section 14. Conflictin~ ordinsnces. All ordinances or parts of ordinsnces, insofar as they may be inconsistent with or in conflict with the provisions of this ordi- nance, shall be and the some are hereby repealed. ~gction 15. V~lidatinq clause. If any p~rt or portion of this ordinance shall be held un- -.- --,~ ~ · consEl~u~l n ±, void, or unenforceable it shall not affect the re- m,lnder thereof. S_gctio~ lS. Effective date. This is an emergency ordin.~nce and shall become effectiv~ on November 1, 1955. PASSED AND ADOPTED in regular session this the 20th day of October, A.D., 1955. Mayor ' ' ' -5- THE DELRAY BEACH JOURNAL l~blished w~ekly on ~hursd~y Delray ]~each, Palm Be~ch County, Florida STATE OF FLOI~IDA COUNTY OF PALM BEACH Before the undersigned authority personally ~ppeared ~ho on .y ~ ' Beach ~lourna~ a weekl~r newspaper published at Delray Beach tm Palm Beach County, Florida; th~t the attached copy o! advertiseme~tt, be- ing a Legal Notice in the n~tter of F~'E8 FOR THE -~ OF BAGE AND TRA~qH COLLECTION REI~DERED STORES. SHOPS, REST- A D APARTMENT ItOU~ES~ DU- PLEXES~ AHD HOUSEHOLDS BY SAID CITY; DECLARING CERTAIN ACTS OR PRACTICES RELATIVE TO TItE ACCUMULATION, POSIT, STORAGE, AND HANDLING OF GARi~AGE AND TRASH TO BE UNLAWFUL AND A VIOLATION OF THIS ORDIHANCE; PRESCRIBING TYPEI~ OF CONTAINERg; PRF~ ~SCRI~31NO PENALTIES FOR THE i VIOLA~IION OF THE i~ the Court, was published in s~id newspaper OF THIS ORDINANCE; REPEALING ........................ ALL ORDINANCES OR PARTS OF in the i~sues of .~... ~_,~.. ,/,. ..~--~ MAY BE IN CONF/~I[CT OR INCON- .... SI~ENT ~I~..3~H~ PROVISIONS OF THIS ORDINANCE; AND FOR OTHER PURPOSES. The above Ordinance is pubJlshed by caption only.' Copy o~ same is on file at the City Clerk's OCfice for inspection ~ interest ed persons. This Ordinance wss, p~ssed 0y City Commlssl~ st the rel~u/~r meet- Ing held on Octobe~ llth, 1955, as Affiant further says that the said Delr~y Beach Journal is a news- p~per pttblished ~t Deiray Beach, in said ~ 15e~ch County, Florida, ~nd that the said newspaper h~s heretofore been con,ttnuously published Pu~ oct. in said Palm ]8e~eh County, Florida, each week and has been 6ntored a~ second cia.ss mail matter at the post office in Delray ]~oh, P~lm Be~ch County, Florida, for a period of one year next preceding the first publication of the attached ~ of adyertisement; and affiant fvrther says that he has nel~h~Or~i~i~J/nor promised aay person, firm or corporation miy di~eom~ reb~t~ commission or ref~lpd for the 'purpose of securing th~a~y~.~tne~t for pu~ati~f,/[n the'said Sworn to and subscribed before me this ....~./~. ...... day of .......... ..... (SF~L) Notary Public, State of Flo da a.t large.