HomeMy WebLinkAboutCity of Tamarac Ordinance O-1974-067CITY OF TAMARAC, FLORIDA
ORDINANCE NO.
AN ORDINANCE TITLED TAMARAC LITTER LAW;
DEFINITIONS OF LITTER, PERSON AND LAW
ENFORCEMENT OFFICER; ACTS PROHIBITED;
PENALTIES AND ENFORCEMENT; PROVIDING A
SAVINGS CLAUSE; REPEALING ALL LAWS OF
CONFLICT- PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Council of the City of Tamarac deems it to
be their obligation to keep the City of Tamarac beautiful by
keeping it free from litter,
WHEREAS, the State of Florida has adopted a Florida Litter
Law of 1971 in Florida Statutes 403.413 which gives the muni-
cipal law enforcement departments the duty to enforce provisions
of the Florida Litter Law of 1971,
BE IT ORDANIED BY THE COUNCIL OF THE CITY OF TAMARAC,FLORIDA:
SECTION 1:
That this Ordinance be known as and may be cited as the
"Tamarac Litter Law."
SECTION 2: Definitions. - as used in this Ordinance:
(a) "Litter" means any garbage, rubbish, cans, bottles,
containers, trash, refuse, and papers.
(b) "Person" means any individual, firm, corporation, or
unincorporated association.
(c) "Law enforcement officer" means any law enforcement officer
having jurisdiction within the City of Tamarac.
SECTION 3: Acts prohibited. -
It shall be unlawful for any person to throw, discard,
place, or deposit litter in any manner or amount whatsoever
in or on any public highway, road, street, alley thorough-
fare, or any other public lands, except in containers or
areas lawfully provided therefor. It shall be unlawful for
r
any person to throw, discard, place, or deposit any garbage,
cans, bottles or containers in or on any fresh water lakes,
rivers, streams, or tidal or coastal waters within the City
of Tamarac. In addition, it shall be unlawful for any person
to throw, discard, place, or deposit litter in any manner or
amount whatsoever on any private property, unless prior consent
of the owner has been given and unless said litter will not
cause a public nuisance or be in violation of any other state
or local laws, rules, or regulations. In addition, it shall
be unlawful for any person to leave an area in the City of
Tamarac, either public land or private property, unless prior
consent of the owner has been given, in which he has temporarily
occupied for the purpose of selling or distributing food or
merchandise without first removing any litter thrown, discarded,
placed or deposited by his patrons or customers within a radius
of 300 feet from the point of sale or distribution.
SECTION 4: Penalties enforcement. -
(a) Any person violating any of the provisions of this
Ordinance shall be guilty of a misdemeanor, punishable
by a fine, not exceeding $500.00 or sixty (60) days
in jail, and/or both.
(b) It shall be the duty of all law enforcement officers,
as defined herein, to enforce the provisions of this
Ordinance.
SECTION 5:
Should any section or provision of this Ordinance or any
portion thereof, or any paragraph, word or sentence be declared
by a Court of competent jurisdiction to be invalid, such de-
cision shall not affect the validity of the remainder hereof,
other than the part declared to be invalid-
(2)
SECTION 5: All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
SECTION 7:
This Ordinance shall become effective immediately upon
its final passage.
PASSED FIRST READING THIS3 DAY OF
PASSED SECOND READING THIS 511 DAY OF
PASSED THIRD READING THIS DAY OF
ATTEST:
City Cle k
I HEREBY CERTIFY that I have
approved the form and correctness
of this Ordinance
(3)
197
197
I &ONA
RECORD OF COUNCIL VOTE
M - D. JOHMON
C/W E. ANrr
C/W H. MASS,41?0
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