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Boynton Beach Overview
Boynton Beach, FL Code of Ordinances
Boynton Beach, Florida Code of Ordinances
PART I CHARTER
PART II CODE OF ORDINANCES
Chapter 1 GENERAL PROVISIONS
Chapter 2 ADMINISTRATION*
Chapter 2.5 ALARM SYSTEMS*
Chapter 3 ALCOHOLIC BEVERAGES*
Chapter 4 ANIMALS AND FOWL*
Chapter 5 CABLE SYSTEMS AND OPEN VIDEO SYSTEMS
Chapter 6 CEMETERIES
Chapter 7 COMMUNITY ANTENNA TELEVISION SYSTEMS*
Chapter 8 ECONOMIC DEVELOPMENT
Chapter 9 FIRE PROTECTION AND PREVENTION*
Chapter 10 GARBAGE, TRASH AND OFFENSIVE CONDITIONS*
Chapter 11 JUNK AND JUNKYARDS*
Chapter 12 RESERVED*
Chapter 13 LICENSES*
Chapter 14 MOTOR VEHICLES AND TRAFFIC*
Chapter 14.5 RED LIGHT INFRACTION ENFORCEMENT PURSUANT TO STATE LAW
Chapter 15 OFFENSES-MISCELLANEOUS*
Chapter 16 PARKS AND RECREATION*
Chapter 17 PEDDLERS AND SOLICITORS*
Chapter 18 PENSIONS AND RETIREMENT
Chapter 20 RECREATIONAL VEHICLES, BOATS AND BOAT TRAILERS*
Chapter 23 TAXATION, ASSESSMENTS AND FEES*
Chapter 24 VEHICLES FOR HIRE
Chapter 25 TRAILERS*
Chapter 25.1 COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY
Chapter 26 WATER, SEWERS AND CITY UTILITIES
Chapter 27 ADVISORY BOARDS AND COMMITTEES
PART III LAND DEVELOPMENT REGULATIONS*
REFERENCE TABLES
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Sec. 10-25. Containerized commercial and residential collection.
   (a)   Regulations governing containerized service:
      (1)   Containerized refuse service shall be carried out by the City at commercial or multifamily residential establishments in the promotion of improved sanitary conditions for the prevention of health hazard. Containers are supplied by and shall remain the property of the City. The landowner is responsible for the protection of containers placed to serve the premises. The landowner shall be liable to the extent of the cost of repairs and cleanliness or replacement of containers when damaged by fire, negligence, vandalism or other forms of abuse.
      (2)   Unimpeded access to containers at all times shall be provided by the landowner. All containers shall be located so that the collection vehicle driver can dump containers without leaving the vehicle.
      (3)   Customers using garbage chutes or interior storage shall provide containers on rollers which will be the responsibility of the owner or occupant for maintenance. The landowner shall be responsible for placing (rolling) them to the proper position for emptying and in time for emptying.
      (4)   The size or number of containers shall be determined by the volume of refuse to be deposited and will be in direct relationship to the manner in which the user elects to utilize the space provided in said container or containers. Charges shall be assessed on the basis of cubic yards of refuse removed from premises whether manually compacted or loose.
      (5)   At each multifamily site, located adjacent to the dumpsters, or a location approved by the City, the City may place a minimum of two (2) recycling carts. The carts are for the purpose of collecting recycling materials. The landowner must allow space for the carts adjacent to the dumpsters, and properly accessible by the City trucks for servicing. The residents of the multifamily development shall be encouraged to conduct recycling. The carts will be serviced a minimum of once a week. The placement of materials, garbage, yard trash, or any other material not approved in the definition of recyclable materials shall be strictly prohibited. This service is provided as a part of the garbage collection fee.
      (6)   Commercial, institutional, and any other type activity requiring containerized garbage collection, except for multifamily collection service, are encouraged to access the garbage and trash stream, to determine the benefits of recycling. The City will provide dumpsters, designated for cardboard and paper recycling. The service will be provided for a fee.
(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 04-030, § 2, 5-18-04; Ord. No. 14-022, § 2, 9-16-14)
Sec. 10-26. Roll-off services.
   (a)   Construction sites. All construction, renovation, remodeling, and repair sites, requiring a permit from the City for work being conducted, shall be maintained in a clean and sanitary condition at all times. Each construction site shall be provided with solid waste containers adequate in size and sufficient in number to accommodate the accumulation of solid waste during the interval between scheduled removals of solid waste from the project site. The number and type of refuse containers shall be subject to the approval of the Public Works Department. The owner of the property, or the contractor conducting the operations, shall have the right to provide the material removal service with his own containers and equipment. In all other cases, the owner or contractor shall be required to obtain such removal services from the City. The Public Works Department shall determine exclusively whether this service would require the use of roll-off containers, or the service could be adequately provided by some other means.
   (b)   Stop work. During the construction of any site project the Building Official may at his/her discretion, issue a written order to stop work on a construction project for failure to maintain the construction site in a clean and sanitary condition, or for failing to adhere to the requirement of this chapter.
   (c)   Final cleanup. Solid waste shall be removed from the construction, renovation, remodeling, or repair site, and the area properly cleaned to thesatisfaction of the Director of Public Works within five (5) workdays following the completion and final inspections of the work performed under a permit, and in all instances prior to the issuance of a certificate of occupancy by the Building Department.
   (d)   Roll-off location. All roll-off containers shall be placed on the customer's property in a location accessible for service. Roll-offs may be placed in the public right-of-way only if a permit to do so is issued by the Engineering Department. Roll-off containers not serviced within thirty (30) days of issuance may be removed from the property by the City at the Public Works Director’s discretion.
(Ord. No. 04-030, § 2, 5-18-04; Ord. No. 14-022, § 2, 9-16-14)
Sec. 10-27. General regulations.
   (a)   Predetermination of refuse storage sites required. Prior to the issuance of a building permit by the City Building Department for the renovation, modification or erection of a new structure, provisions must be made for the storage and handling of refuse. Such arrangements shall provide free access to containers by mechanized equipment at all times. Acting jointly, the Public Works Department and the City Building Department and the builder-owner- occupant, as applicable, shall mutually arrive at a satisfactory arrangement to meet collection requirements.
   (b)   Refuse from containerized residential units will be collected twice a week or as necessary. Such frequency of service shall be determined exclusively by the Director of Public Works to ensure public safety, health, cleanliness and appearance. In the case of the commercial establishment, the customer will be billed for the amount of service required to meet the solid waste standards.
   (c)   Duty to record and bill users of City system. The Director of Public Works shall cause to be kept, an accurate record of all persons using the services and facilities of the said municipal refuse collection and disposal system and make charges in accordance with the rates and charges herein established. The City may choose to not provide solid waste services because of non-payment.
   (d)   [Unlawful deposits.] It shall be unlawful for any person to deposit on, or bury in, or cause to be deposited on or buried in, upon any land, vacant or unoccupied premises in the City or upon any occupied property public square, or upon any street, alley, park, parkway, or in any canal, waterway, bridge, easement, or other public passageway, or right-of-way, or any storm drain, rock pit and sand pit, pool or lake within the City any noxious, filthy, malodorous or offensive liquid or solid materials, garbage, refuse, or rubbish anywhere within the limits of the City in any vessel or receptacle other than in an approved refuse container which is collected regularly. Nothing in this provision shall prohibit private, backyard, nuisance-free composting practices for home gardening purposes. No person shall burn or cause to be burned any refuse or waste anywhere within the City limits, except as otherwise provided by law.
   Cross references-Depositing litter in bodies of water, § 15-30; polluting park waters, § 16-26.
   (e)   Mulch or compost piles permitted. Horticultural trash and refuse containing no combustible matter, or which will not, during decay, give off offensive odors, may be accumulated by the owner as a mulch or compost pile in the rear of the residential premises upon which the material is accumulated. Bringing material from offsite onto the property for the sake of composting will be prohibited. Composting for commercial purpose, or composting to develop a marketable product shall be prohibited except for those cases allowed by commercial enterprise, and properly licensed to conduct such operations.
   (f)   Ownership of collection refuse and waste.
      (1)   Ownership of refuse and waste material shall be vested in the City at the time of collection.
      (2)   Recycling material to be collected, such as newspaper, newspaper/grade papers, and/or other materials, shall become the property of the City from the time of placement at the curb by the customer, and it shall be a violation of this Article for any person, firm, corporation, or partnership other than the City, to tamper with or to take or remove, or to convert to its own use in any way, such material. Each such collection in violation hereof from one (1) or more residences or businesses during such period shall constitute a separate and distinct offense.
   (g)   Dead animals. It shall be unlawful to place any dead animal or parts thereof in any solid waste container for collection; however, this section shall not apply to animal parts from food preparation for human consumption.
   (h)   Incinerators. No private incineration units shall be erected or operated within the City from the date of this Article except upon approval of the City Commission, and the issuance of the proper permits and licenses from any and all regulating agencies.
   (i)   Landfills. It shall be unlawful for any person to create, use, own, or operate any landfill or dump within the corporate limits of the City.
   (j)   Littering. It shall be unlawful to place, or allow to be placed, any solid waste upon the roads, streets, storm drains, canals, lakes, other bodies of water, of any public or private property within the City except as provided herein.
   (k)   Non-interference. It shall be unlawful for any person to interfere with any employee of the City while in the performance of their duties as authorized by this chapter.
(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 04-030, § 2, 5-18-04; Ord. No. 14-022, § 2, 9-16-14)
   Editor's note-Subsection 10-26(h), relative to the disposal of construction or industrial wastes, had been deleted as being duplicative of § 10-30.
Sec. 10-28. Reserved.
   Editor's note-Provisions designated § 10-28, and enumerating certain violations, have been deleted by the editor as being duplicative of § 10-31.
Sec. 10-29. Purpose of rates and charges.
   The rates and charges herein set forth are imposed to provide revenue for the purpose of paying the costs of the operation and maintenance of the refuse collection and disposal system of the City and extensions thereof and replacements thereto and for any other lawful purpose as so determined by the City Commission.
(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 94-28, § 3, 9-9-94; Ord. No. 04-030, § 2, 5-18-04; Ord. No. 14-022, § 2, 9-16-14)
Sec. 10-30. Rates and charges for City service.
   The rates and charges for refuse collection service provided by the City shall be as follows:
   Current rate schedules shall be maintained on file in the Office of the City Clerk and shall be available, without charge, to the public. Fees shall be paid according to the fee schedule approved by the City Commission. All Solid Waste Division fees are subject to amendment by resolution by the City Commission.
(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 83-36, § 1, 10-18-83; Ord. No. 85-55, § 1, 11-15-85; Ord. No. 86-36, § 2, 10-21-86; Ord. No. 90-36, § 1, 9-18-90; Ord. No. 91-63, § 1, 9-19-91; Ord. No. 92-49, § 1, 10-8-92; Ord. No. 93-33, §§ 1, 2, 9-21-93; Ord. No. 94-28, § 4, 9-9-94; Ord. No. 04-030, § 2, 5-18-04; Ord. No. 04-072, § 2, 8-17-04; Ord. No. 05-055, § 2, 9-20-05; Ord. No. 06-077, § 2, 9-6-06; Ord. No. 08-012, § 2, 6-3-08; Ord. No. 08-032, § 2, 11-18-08; Ord. No. 14-022, § 2, 9-16-14; Ord. No. 18-021, § 2, passed 9-6-18; Ord. No. 19-020, § 2, 7-16-19)
Sec. 10-31. Violations and enforcement.
   It is hereby declared unlawful and a violation of this Article for any person to do or permit to be done any of the following acts or practices:
      (1)   To deposit or place in or cause to be deposited or placed in a trash container any materials other than those defined in this Article as refuse.
      (2)   To fail or neglect to keep or cause to be kept clean and sanitary, tightly covered and in good state of repair, all refuse containers.
      (3)   To use or supply garbage cans and refuse containers other than those defined and provided for in this Article.
      (4)   To collect or permit to be collected by anyone, the garbage from any garbage container other than by persons regularly employed by the City for that purpose unless specifically authorized by the City Commission.
   It shall be unlawful for any person to fail, neglect, or refuse to comply with and abide by each provision of this Article. The performance on each day of any prohibited act or practice shall constitute a separate offense, and shall be punishable as such.
(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 04-030, § 2, 5-18-04; Ord. No. 14-022, § 2, 9-16-14)
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