83-91 ORDINANCE NO. 83-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL
REGULATIONS", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER
98, "LITTER", BY ENACTING A NEW SECTION 98.30,
"WASTE TIRE DUMPING", TO PROVIDE FOR LICENSING,
RULES AND REGULATIONS REGARDING WASTE TIRE
COLLECTORS; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Rule 17-711.300, Florida Administrative Code,
requires the registration/permitting of waste tire collectors by
the Department of Environmental Regulation; and,
WHEREAS, Section 403.161, Florida Statutes, provides
certain penalties for those persons who do not obtain the
required permits; and,
WHEREAS, the intent of this ordinance is to enable more
efficient local regulation and enforcement of waste tire dumping
in Palm Beach County; and,
WHEREAS, the City Commission of the City of Delray
Beach, Florida, declares that the requirements proposed herein
are necessary to protect the health, safety and general welfare
of the residents of the City of Delray Beach,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title IX, "General Regulations",
Chapter 98, "Litter", Section 98.02, "Definitions", of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to include the following definitions:
Section 98.02 DEFINITIONS.
"Department" means the State of Florida Department
of Environmental Regulation.
"Generator" means a person not defined as a
collector which generates waste tires in the ordinary
course of business.
"Waste Tire" means a whole tire that is no longer
suitable for its originally intended purpose because of
wear, damage or defect.
"Waste Tire Collector" means a person who removes
and/or transports more than twenty-five (25) waste
tires or processed tires from one place to another over
public highways.
Section 2. That Title IX, "General Regulations",
Chapter 98, "Litter", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended by
enacting a new subsection 98.30, "Waste Tire Dumping", to read as
follows:
Section 98.30 WASTE TIRE DUMPING.
(A) Every waste tire collector operating in the
City of Delray Beachr Floridar shall register with the
Department and obtain a permit therefrom pursuant to
Rule 17-711.300(2) and {3)r F.A.C.~ prior to removinq
· and/or transporting waste tires.
(B) Every waste tire generator operating in the
City of Delray Beach, Florida~ shall deal with waste
tire collectors who are licensed as set forth in
Section 98.301A) of the City of Delra¥ Beach Code of
Ordinances. Failure to deal with a licensed waste tire
collector shall be deemed a violation of this
ordinance.
(C) Violations. It shall be a violation of this
ordinance for any person to:
(1) Transport waste tires without having
first obtained a license as required by this
ordinance in the State of. Florida.
(2) Give or display false identification or
sign a false name when required to furnish
identification.
(3) Contract or arrange with another person
to transport waste tires for storage or disposal~
who does not meet the requirements under Section
98.30(A) of the Code of Ordinances of the City of
Delra~ Beach~ Florida.
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 or 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 be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the 3rd day of December, 1991.
ATTEST:
~City C~rk ~
First Reading November 19, 1991
Second Reading December 3~ 1991
· - 2 - ORD. NO. 83-91
BOCA RATON~'I)I~LRAY ( BOYNTf)N REA(.II~IJFERFII~I,b Bi:ACII
Monday through Sunday ~:" ~'~, ~' "'~ ~.~
Boca ~aton, Palm Beach County, Florida ~, - '~, ~ ~
Delray Beach, Palm Beach County, Florida ~ "".'. ~ ~,, ~
COUNTY OF PALM BEACH ~. ~ ~ ~ ~ ~
Before the undersigned authority personally ~~
appeared Nancy Smith, Inside Sales Man-
ager of The News, daily newspapers pub- .,~~ ,.~
lished in Boca Baton in Palm Beach County, ~'~'~'~"
Florida; that the attached copy of advertise- ~,c~ ,~
ment was published in said newspapers in ~s ~-~ c,~ o~ ~ ,~c,. ~0~,,~
QUENT AN~R ~EN ~RVICES P~T a~ ~ PAGE 21~ O~ THE
ARE DI~TI~UED BY THE CI~ PUBLIC RECORDS OF
~ ~ . CREWED PENALTY ~T; TI~) DISTilCT TO CF
~ PROVIDI~ GENE~L REP~LEg (C~UNITY FACILITIES) DID
C~USE; PR~ID~ A ~V~ TRACT; ~lO ~NO I~ L~ATED ON
C~USE; PROVI~ AN EFFEC- THE ~T SI~ ~ g.W. ~D AYE-
TIVE~T~ NUE, APPROXI~TELY ~ FEET
NORTH OF N.g. ~ND STREET;
~~ AND CORRE~I~ ~ONING ~P
OF OEL~AY B~CH, FLORIDA,
AN ORDI~NCE ~ THE CI~ C~ 1~; PROVIDING A GENERAL RE-
MISSION OF THE CI~ OF DEL~Y ~PEALER C~USE; PROVIDING
BEACH, FLORI~ ~ENDI~ ~VI~ C~USE; PROVJDI~ AN
CHAPTER 4, ~ONING RE~ EFFECTIVE DATE.
Affiant further says that The News is a ,,0,s.. ~,,c~
'~ND~APE REGU~TION~, SU~ ~ ~ ~ C~ C~m~ ~i~ r~
Palm
Beach
through Sunday, and has been entered as ~,~ ~,~0~, ,~ ~. ~, ~ ~
first publication of the attached copy of c~; ..ov,.~.
advertisement; and affiant further says that ,,,,~,~.,~, ~,~.~
he has neither paid nor promised any ~~+J
person, firm or corporation any discount,
rebate, commission or refund for the pur- ~ ,, ~,~
pose of securing this advertisement for pub- T.~ C,,, O~ ~, ~C., ~
Sworn to and subscribed before me this eeoc,, ~LO.~O~
~NO LYI~ AND BEING I~ ~C-
~ANGE ~ E~T, ~A~ ~EACN
· ' ~SINGLE F~ILY RE~IOENTIAg)
/ TWEEN S.W, ~H STREET AND S.W.
~TH STREET; AND CORRECTI~
~ 'ZONING ~P O~ DELRAY BEACH,
FLORID~ 1~; PROVIDING
OENERA~ REPEALER C~USE;
(Seal, Notary Public,tat~ Florida at large) P.ov,o,~ A av,.~ c~us~;
S~ ~0v~0~N6 AN EFFECTIVE DATE,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM ~ ~O~ - MEETING OF DECEMBER 3, 1991
ORDINANCE NO. 83-91
DATE: November 27, 1991
This is a second reading of an ordinance, amending the Code of
Ordinances by enacting a new section 98.30 "Waste Tire Dumping", to
provide for licensing, rules and regulations regarding waste tire
collectors..
Florida Statutes require individuals and businesses who transport or
remove used tires to register with the State Department of
Environmental Regulation. This ordinance reinforces that requirement
by requiring businesses in the City that deal in used tires to
register and do business only with registered waste tire collectors.
Fines up to $500 and 60 days in jail, for illegal dumping, are
already in the City Code. This ordinance is identical to the one the
County is presently proposing.
Recommend approval of Ordinance No. 83-91 on second and final
reading.
CIIY ~IIORNEY'S OFFICE TEL No. 40? 2?8 4?55 Nov 14,91 15:00 P.02
CITY OF DELRIIV BEACH
CITY ATTORNEY'S OFFICE ~ "'~TM^¥~' "~""~'~ ~-^~:"' "~"'~ ""
FACSIMILE 40?/2?8.4?55 Writor~s Direc~ Li~
(407) 243-7090
Date: November 14, 1991
To: City CommisSion
.David Harden, City Manag~r
From: David N. Tolces, Assistant City Attor~e~
Florida Statutes require individuals and businesses who
transport or remove used tires to register with the State
Depart~ent of Environmental Regulation. This ordinance
reinforces that requirement by requiring businesses in Delray
Beach that deal in used tires to register and do business only
with registered waste tire collectors. Ultimately, ~his
ordinance would give the Cityts Police Department the authority
to stop a truck it bulieves is. carrying a large amount of
tires. Fines up ~o $5~0 and 60 days in jail are already in the
City's Code of ordinances, and could be levied against the
.violator.
It is hoped that the provisions of this ordinance could be used
to stop illegal tire dumpers before they dump tires illegally.
'£~is will have a beneficial effec~ on the appearance of the
community, and limit mosquito breeding areas in the summer
months.
This ordinance is identical to one ~he County is presently
proposing, coordinated enforcement Of the ordinan~e's
provisions could result from'the passage of the ordinances.
DNT:sh
Attachment
cc: Chief Overman, Delray Beach Police Department
tire-l.txt.
CITY gTTORNEY'$ OFFICE TEL No. 407 278 4755
O~IN~U~CE NO. g'%-91
AN O~DINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, F~ORIDA, TITLE 9, "GENEP~L REGULA-
TIONS'', OF THE CODE OF ORDINANCES OF THE CITY OF
DEL~AY BEACH, FLORIDA, BY AMENDING CHAPTER 98,
"LITTER", BY ENACTING A NEW SECTION 98.30, "WASTE
TIRE D~MPING", TO PROVIDE FOR LICENSING, RULES AND
REGULATIONS REGARDING WASTE TIRE COLLECTORS;
PROVIDING A GENE~J%L REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Rule 17-711.300, Florida Administrative Code, requires the
registration/permitting of waste tire collectors by the Department of
Environmental Regulation; and
WHEREAS, Section 403.161, Florida Statutes, provides certain
penalties for those persons who do not obtain the required permits; and
WHEREAS, the intent of this ordinance Is to enable more efficient
local regulation and enforcement of waste tire dumping in Palm Beach
County; and
WHEREAS, the City commission of the City of Dolray Beach, Florida,
declares that the requirements proposed herein are necessary to protect
the health, safety and general welfare of the residents of the City of
Delray Beach.
NOW, THEREFORE~ BE IT ORDAINED SY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOL~OW$:
Section 1. That Title 9, "General Regulations", Chapter 98,
"Litter", Of the bode of ordinances of the City of Delra¥ Beach,
Florida, be, and the same is here~y amended to read as follows~
Section 98.02 DEFINITIONS
"Department" means the State o£ Florida Department of Environ-
mental Regplation.
"Generator" means a ~erson not defined as a collector w~lch
qenerates waste tires in the ordinary Course of business.
"waste Tire" means a whole tire that is no longer suitable for
its origin911y intended purpose b~cause of wear, damage or defect.
"Waste Tire Collector" means a person who rsmoves and/or
transports more than 25 waste tires or processed tires from one
place to anOther over ~ubll¢ highways.
Section 2. That Title 9, "General Regulations", Chapter 98,
"Litter", of the code of ordinances o~ the City of Delray Beach,
Florida, be, and the same is hereby amended by enacting a new subsection
98.30, "Waste Tire Dumping", which reads as follows=
Section 98.30 WASTE TIRE DUMPING
(A) Every ~aste tire collector operating in the City of
Delray Beach~ Florida~ shall register with the Department and
F.C.A. prior to removing and/or tra.nsporting waste __
(B) ~very waste tire generator operating l.n the City of
Delray ~each~ Florida, shall deal with waste tire collectors who
are licensed as set forth in Section 98.30(A) of the City of Delray
C~'TY PlTTORNEY'$ OFFICE TEL No. 40?~'~'~,,:., 4?$$ h,lo',,~' la,':i',~ ,~,;~'~':~ ..... F'.'-~
Beach Code of Ordinances. Failure to deal with a licensed waste
tire collector shall be deemed a violation of this ordinance.
(C) .~olations
It shall be a violation of this ordinance for any person to=
1. Transport waste tires wi=hour having first obtained
a license as required by this ordinance in the State of
Florida.
2. Give or display false identification or sign a false
name when required to furnish identification.
3. Contract or arranqe with another person to transport
waste tires for storaqe or disposal, who does not meet the
requirements under Section 90.$0(A) of the Code of Ordinances
of the City of Delra¥ Beacht Florida.
Section 2. That should any section or provision of this
ordinance Or any portion thereof, any paragraph, sentence, or word bs
declared by a court of competent Jurisdiction to be invalid, such
decision shall not affect the validity or 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 be and the same are hereby repealed.
Section 4. That this ordinance shall become effective upon
~assage on second and flnal reading.
PASSED AND ADOPTED in regular session on second and f~nal
reading on this the day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading.
Second Reading
2 ORD. NO.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf~
SUBJECT: AGENDA ITEM %/~k ~ - MEETING OF NOVEMBER 19, 1991
ORDINANCE NO. 83-91
DATE: November 15, 1991
This is a first reading of an ordinance amending the Code of
Ordinances by enacting a new section 98.30 "Waste Tire Dumping", to
provide for licensing, rules and regulations regarding waste tire
collectors.
Florida Statutes require individuals and businesses who transport or
remove used tires to register with the State Department of
Environmental Regulation. This ordinance reinforces that requirement
by requiring businesses in the City that deal in used tires to
register and do business only with registered waste tire collectors.
Fines up to $500 and 60 days in jail, for illegal dumping, are
already in the City Code. This ordinance is identical to the one the
County is presently proposing. A detailed staff report is attached
as backup material for this item.
Recommend approval of Ordinance No. 83-91 on first reading.