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Town of Ocean Ridge |
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ORDINANCE NO. 571
AN ORDINANCE OF THE TOWN OF OCEAN RIDGE, FLORIDA AMENDING THE CODE OF ORDINANCES, CHAPTER 42, SOLID WASTE, TO CLARIFY THE DIFFERENCE BETWEEN REFUSE, GARBAGE, TRASH AND YARD WASTE; PROVIDNG FOR AN EXTENDED PERIOD OF TIME TO PLACE YARD WASTE CURBSIDE; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that municipalities shall have governmental, corporate and proprietary powers to enable municipalities to conduct municipal government, perform municipal functions and render municipal services; and,
WHEREAS, Chapter 166, Florida Statutes, the “Municipal Home Rule Powers Act,” implements the applicable provisions of the Florida Constitution and authorizes municipalities to exercise any power for municipal purposes, except when expressly prohibited by law and to enact ordinances in furtherance thereof; and
WHEREAS, Chapter 163, Florida Statutes, authorizes local governments to adopt land development regulations and to enact ordinances in furtherance thereof; and
WHEREAS, the Town of Ocean Ridge Code of Ordinances, Chapter 42, Solid Waste, sets forth the Town’s solid waste collection requirements; and
WHEREAS, Section 42-1(2), Containers; time of placement for collection, requires that the residents of the Town place all solid waste at curbside no sooner than 12 hours prior to the day scheduled for regular refuse, garbage and trash collection; and
WHEREAS, the majority of the Town’s residents maintain their yards over the weekend, thus making the provision in Section 42-1(2) unduly burdensome since solid waste collection does not presently occur until Tuesdays; and
WHEREAS, the Town Commission desires to adopt an amendment to the Town’s Code of Ordinances, Chapter 42; and
WHERAS, the Town Commission has determined that the enactment of this Ordinance is for a proper municipal purpose and protects the public health, safety and welfare of its residents. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, FLORIDA, AS FOLLOWS: Section 1. Findings of Fact. The WHEREAS clauses set forth above are adopted herein as findings of fact.
Section 2. Amendment. Chapter 42, Solid Waste, Section 42-1, Containers; placement for collection, of the Code of Ordinances of the Town of Ocean Ridge, is hereby amended as follows:
Sec. 42-1. Containers; placement for collection.
(a) Generally. (1) Placement of rubbish on public property or property of another. It shall be unlawful for any person to place any lumber, wood, iron, glass, box, barrel, rubbish, trash, brush, logs, debris, paper or any obstruction of any kind whatsoever upon any street, sidewalk, alley, park, lane or other public grounds of the town or upon any publicly dedicated right-of-way or on the land of another without his consent, except that properly containerized garbage, waste and yard trash may be placed no greater than six feet from the street or road abutting the property generating the subject garbage, waste or yard trash to effectuate proper municipal refuse, garbage and yard trash collection.
(2) Containers; time of placement for collection. Except for yard trash, all garbage, waste and refuse shall be properly containerized in either garbage cans or dumpster facilities, or in sealed plastic bags or other acceptable containers as approved by the office of the town manager, and placed at curbside no sooner than 12 hours prior to the day scheduled for regular refuse, garbage and trash collection service as provided pursuant to the town garbage and trash collection contract.
(3) Removal of containers. All garbage, waste and refuse containers shall be removed from the curbside of the street or road designated for municipal garbage collection no later than 11:00 p.m. on the day scheduled for garbage, waste and refuse collection.
(4) Placement of yard trash. Yard trash shall be piled in an orderly fashion, or containerized in garbage cans or sealed bags, and all be placed no greater than six feet from the street or road abutting the property generating the subject yard trash to effectuate proper municipal yard trash collection. Yard trash shall consist of vegetation only, including, but not limited to grass clippings, bush or tree trimmings, leaves and weeds, and shall be placed near the street no sooner than 36 hours, or the Sunday prior to the regularly scheduled day of collection.
(5) Screening of containers. All garbage, waste and refuse containers shall be effectively screened from view of adjoining property and public rights-of-way when not at curbside.
(b) Appeals. Any person aggrieved by the improper use of refuse containers on adjacent premises or any person aggrieved by the application of subsection (a) of this section to his premises shall have the right of appeal to the town commission, which shall have the authority, after due notice and hearing, to confirm, modify or revoke any decision of the town manager relating to the operation and effect of subsection (a) of this section.
(c) Violations; penalty. Any person violating any of the provisions of this section by failing, neglecting or refusing to comply with its provisions relative to removal of garbage, waste or refuse cans from the curbside within six hours after having been ordered to remove the cans by any town officer, or who shall resist or obstruct the carrying out of the provisions of this section, shall be punishable pursuant to section 1-13.
Section 3. Codification. This ordinance shall be codified in the Code of Ordinances of the Town of Ocean Ridge, Florida.
Section 4. Repeal of Ordinances. Any ordinance in conflict herewith, to the extent of such conflict is hereby repealed.
Section 5. Severability. In the event, any Section, Paragraph, Sub-paragraph, Sentence, Clause, Phrase or Word of this Ordinance shall be called invalid, illegal or unenforceable by a Court of competent jurisdiction and such declaration shall not effect the validity of the remaining portions hereof.
Section 6. Effective Date. This Ordinance shall take effect immediately after adoption or as provided by law.
FIRST READING this 2nd day of April, 2007.
SECOND AND FINAL READING this 7th day of May, 2007.
Commissioner Pugh offered the foregoing Ordinance and its adoption. The motion was seconded by Commissioner Allison and upon being put to a vote, the vote was as follows:
KENNETH M. KALEEL, Mayor Yea DR. LYNN L. ALLISON, Vice Mayor Yea ELIZABETH P.B. BINGHAM, Commissioner Nay NANCY L. HOGAN, Commissioner Yea GEOFFREY A. PUGH, Commissioner Yea
The Mayor thereupon declared this Ordinance approved and adopted by the Town Commission of the Town of Ocean Ridge, Florida, on second reading, this 7th day of May, 2007.
TOWN OF OCEAN RIDGE, FLORIDA
BY:________________________________ KENNETH M. KALEEL, MAYOR ATTEST:______________________ TOWN CLERK
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