HomeMy WebLinkAboutCity of Tamarac Ordinance O-1978-033Introduced by:
Temp. #524
Rev. 2/7/78
5/18/78
6/14/78
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. D-7F-8_3
AN ORDINANCE REPEALING SECTIONS 2, 3, 4, 5,
6(a) AND 7 OF ARTICLE I OF CHAPTER 11, OF THE
TAMARAC CITY CODE ENTITLED GARBAGE REFUSE AND
WEEDS, AND RELATING TO THE COLLECTION AND DIS-
POSAL OF GARBAGE AND TRASH; ADOPTING BROWARD
COUNTY ORDINANCE NO. 77-81 CODIFIED AS SECTIONS
14-65 THROUGH 14-70 OF THE BROWARD COUNTY CODE
ENTITLED "AN ORDINANCE AMENDING THE BROWARD
COUNTY CODE OF ORDINANCES RELATING TO THE COLLEC-
TION AND DISPOSAL OF GARBAGE; REPEALING ARTICLE
III, COLLECTION AND DISPOSAL,OF CHAPTER 14
GARBAGE AND TRASH RELATING TO THE COLLECTION AND
DISPOSAL OF GARBAGE; REQUIRING REMOVAL OF GARBAGE,
RUBBISH AND, REFUSE; ESTABLISHING RECEPTACLE REQUIRE-
MENTS; PROHIBITING SANITARY NUISANCES; ESTAB-
LISHING PROHIBITED ACTS; PROVIDING FOR ENFORCEMENT;
PROVIDING PENALTIES. PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING
FOR AN EFFECTIVE DATE"; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Tamarac, Florida,
deems it to be in the best interest of the health, safety and welfare
of its residents for the residents to b.e provided with the best
possible health services, and
WHEREAS, Broward County has recently enacted its Ordinance
No. 77-81 which sets forth stringent garbage collection and disposal
requirements, and
WHEREAS, pursuant to Broward County Ordinance No. 77-81,
enforcement is shared by the municipality and the Broward County
Health Department, and
WHEREAS, the Broward County Health Department is a State
agency and is not a form of metro government.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That Sections 2, 3, 4, 5, 6(a) and 7 of
Article I, Chapter II of the Tamarac City Code is repealed.
SECTION 2: Except as provided in Section 2(A) below,
the City hereby adopts Broward County Ordinance No. 77-81, a copy
of which is attached hereto as Exhibit 1. The City authorizes
enforcement of said Ordinance by the Broward County Health Department
and by the City Police Department, and Code Enforcement Officers.
4Y9
1 Any amendments to Broward County Ordinance No. 77-81 shall be
2 automatically effective unless the Tamarac City Council enacts an
3 Ordinance specifically limiting or excepting the City from the
4 requirements of that amendment.
5 2(A) Section 14-65(b) of the Broward County Code as
6 enacted by Ordinance No. 77-81 shall not be effective as enacted by
7 Broward County in the City of Tamarac. The provision that shall be
8 effective in Tamarac shall read as follows:
9 (b) With the exception of Food Service Establish
10 ments as defined in Section 509.241(2) Florida Statutes
11 garbage and refuse shall not be accumulated or stored
12 by any person unless it is kept in a closed and covered
13 garbage or bulk receptacle but in no event shall it be
14 stored for more than four (4) consecutive days. Garbage
15 and refuse at Food Service Establishments must have
16 1 garbage and refuse collection each day that they are
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open except for Sundays and holidays. The City Council
reserves the power and right to modify the requirements
of this paragraph concerning individual businesses upon
a showinq of hardship by the property owner or lessee.
The City Council shall be the sole judge of the exist-
ence or nonexistence of a hardship.
SECTION 3: This Ordinance shall be effective July 14,19;
SECTION 4: A copy of this Ordinance shall be furnished
to the Broward County Health Department.
PASSED FIRST READING THIS 24th day of May, 1978.
PASSED SECOND READING THIS 14th day of June, 1978.
TTEST:
:CITY CI.ER
I HEREBY CERTIFY THAT I have
approved the form and correctness
of this.ORDINANC
CI Y ATTORNEY
RiLC,0119 OF COUNCIL VOTE
MAYOR W. � %.LCK _._
VJM FL MASSARO��-
CjM H. Wl'zNER
_
C(M I.M. DISRAELLY
ir�
C(M M. KLIKA
C1W k{ 1<e-tCJA
61y/�P
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Oo u,4? , Floi dlIc
ORDINANCE N0. 77-81
AN ORDLNANCI, 'rlit. I;ROWARD COUNTY
CODE OF ORDINANCES RLLATLNG TO THE COI,LLC-
TION AND DISPOSAL OF GARBAGE; REPEALING
ARTICLE III, COLLECTION AND DISPOSAL,, OF
CEIAPTEIt 14 GARBAGE AND TRASH RELATING TO
THE COLLECTION AND DISPOSAL -OF GARBAGE;
REQUIRING REMOVAL OF GARBAGE, RU1313IS11 AND
REFUSE; ESTABLISHING RECEPTACLE REQUIRE-
MENTS; PROHIBITING SANITARY NUISANCES; ES-
TABLISHING PROHIBITED ACTS; PROVIDING FOR
ENFORCEMENT; PROVIDING PF,NAIaTIES; PROVID-
ING FOR SEVERABILITY; PROVIDING FOR INCLU-
SION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE_.
BE IT ORDAINED BY THE BOARD OF COUNTY MMISSIONERS OF
BROWARD COUNTY, FLORIDA:
Section 1. Sections 14-65 through 14-71 inclusive of
Article III, Collection and Disposal, of Chapter 14, Garbage and
Trash, of the Broward County Code of Ordinances are hereby re-
pealed.
Section 2. Section 14-65 Removal of garbage, rubbish
and refuse required, of the Broward County Code of Ordinances is
created to read:
Sec. 14-65., Removal of garbage, rubbish
and refuse required.
(a) The owners andfor occupants of all buildings,
structures and lands located within Broward
County shall have all accumulations of garbage,
rubbish and refuse removed from their respective
premises by a collector.
(b) Garbage and refuse shall not be accumulated or
stored by any person unless it is kept in a gar-
bage or bulk receptacle but in no event shall it
be stored for more than seven (7) consecutive days.
(c) Any person owning or occupying; a building, struc-
ture or land desiring exemption from garbage and
rubbish removal by a collector may be eligible to
receive a permit for exemption by filing; an ap-
plication with the department stating; the reasons
for the exemption and outlining; the :method of
di_sposaL o(" garbage and rubbish pr.oposed.by the
owner or occupant. The health officer will in-
vestigate the application for exemption and may
issue a written exemption showing the name and
address of the person to whom the exemption is
I made, the nature of the vehicle in which y.;arbage
or r,rbbi:,h i-s; t:o 1) (2 transported, the location and
2 manner in .JhiC }1 t:he ulti[llate disposition of tI,e
�;ari�,rs;e ,grid rubhi,:,tl is to be accorrrplished. The
3 health officer shall have the r.i};ht to revoke or
reject: any appli.cr.rtion [or exemption where, in the
4 opinion of the health officer, such exemption is
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not in the best interest of the public health and
safety of Broward County.
-- 6 (1) Persons exempted from garbage and rubbish
7 collection shall dispose of it at a garbage
disposal site.
8 (2) Rubbish which is produced or accumulated by
9 a commercial establishment may be disposed
of by the producer at a garbage disposal site.
10 (3) Any vehicle used to transport rubbish shall be
11 provided with a tight cover so as to prevent
rubbish from being blown, dropped or spilled
12 from such vehicle.
13 (d) Unless an exemption has been granted, the fact that
a premises is occupied shall be prima facie evi-
14 dence that garbage, rubbish and refuse are being
produced and accumulated in or upon such premises.
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(e) All -persons owning or occupying any building,
16 structure or land within Bi;oward County shall
maintain the premises -so as -'to keep it free from
17 all garbage and refuse not properly stored.
10.8 Section 3. Section 14-66 Receptacle requirements, of
19 the Broward County Code of Ordinances is created to read:
20 Sec. 14-66 Receptacle requirements.
21 (a) Garbage receptacles shall be water tight containers
22 which have no jagged or sharp edges or inside
structures that could prevent the free discharge
23 of the contents. The receptacles shall be made of
impervious material and provided with tight fitting
24 covers made of impervious material which protect
the contents from access by flies, insects, rats
25 and other animals. A garbage receptacle shall be
kept on the property of the person using it and
26 unless collection of the garbage and refuse con-
tained in the receptacle necessitates placing it
27 at the side of a public right-of-way, road or
easement, the receptacle shall not be placed or
28 kept on public or neighboring property but shall
be so stored or kept so as to permit inspection by
29 the department.
(b) Bulk receptacles are watertight containers intended
or designed to be used by two (2) or more residen-
tial units rend food and commercial establishments
for the retention or storage of garbage 6r�refuse.
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(1) The receptacles shall be made of impervious
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rn._lter. ial which rare des i.�;ned or intended to
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protect the contcnt:s Crom e;isy access by
flies, Trisects,
rats and other animals.
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(2)
Ail bi.rlk receE)tac:le.; shall be free from
j as; ;eel or s11arp edges or inside structures
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t117t could prevent the free discharge of the
contents and shall have drains of at least 1
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1/2 inches in diameter with securely fitted
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caps which can be removed to clean the recep-
tacles.
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(3)
13u1.k receptacles shall be placed so as to be
readily accessible by the collector and the
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departmert. Wflenever possible such recep-
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tacles shall be placed so that they are not
readily visible from a public thoroughfare.
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(4)
All -bulk receptacles shall be cleaned and
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flushed with water after the removal, or
emptying of garbage or refuse. All water
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used to flush a receptacle shall be drained
into a sewer or other sanitary disposal
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system approved by the department.
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(5)
Food establishments utilizing bulls receptacles
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shall provide curbed areas with drains plumbed
to a sanitary sewer, in which to clean and
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flush the receptacles.'
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(6) 11,-Farbage and . refuse placed in . . Sul ='s`'
l8 receptacle s'Iia'lI be enc),o�;se�:,:.ri mate prow
:bags' =+tize'i ire sa" e a �" .�.
y.. rc::...s� _ Wised
19 (c) Garbage and Bulk receptacles shall be kept clean
20 and in good repair. If a receptacle:
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(1)
has holes or cracks which permit the seepage
of liquids; or
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(2)
is dented or damaged to the extent that the
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garbage and refuse cannot be easily emptied
therefrom; or
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(3)
contains any jagged or sharp edges; or
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(4)
has a damaged lid or cover which could permit
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the easy access of flies, insects, rats and
other animals,
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(5)
has a lid or cover or any part of the recep-
tacle which is not made of an impervious
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material,
an i_n.spector
may post the receptacle with a notice
prohibit.tnF
use of' the receptacle for the r.etcri--
tion
or storage of garbage or refuse. Thereafter
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.if the
receptacle is used for the retention or
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storage
of garbage or refuse the department may
have
the receptacle removed and destroyed.
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1 (d) Garbage 'ind biilic receptrjcles ,
:zt ail Limes Uxce;)G when r.t: zs�1necessaryptocli feed
2 the cover to dc���c�;; it c>r em C T -
3 to clears the receptacle, p Y garbage or refuse or
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(e) Receptacles required to be placed aL the side of a
5 public right-of-w�rv, road, or easement for collec-
Lion by a collector shall:
(1) be placed neatly so as to allow convenient
7 passa-e of persons and vehicles;
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(2) never be placed for collection more than
9 twenty-four (24) hours prior to the regularly
schP_duled collection nor more than twelve (12)
10 hours after collection; and
11 .(3) never be placed upon a public street or im-
12 proved right-of-way.
(f) Garbage and refuse compactors and all storage con-
13 tainers attached thereto which are used or intended
to be used for the compaction or storage of garbage
14 and refuse shall be water tight, made of impervious
material and have tight fitting lids or covers made
15 of -like or similar impervious material.
16 (9) Garbage and refuse may be Frlaced in a plastic bag
or other container approved by the Health Depal�t-
t7 ment for the purpose of collection by a collector.
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18 Section 4. Section 14-67 Sanitary Nuisance, of the
19 groward County Code of Ordinances is created to read:
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Sec. 14-67. Sanitary nuisance.
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(a) A sanitary nuisance is the commission of any act or
the
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retention, maintenance, propagation or exis-
tence of anything, by
any person or municipality,
which may threaten impair
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or the health or life of
an individual,
or group thereof or which or through
which, directly or indirectly, disease
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may be
caused. A sanitary nuisance also exists when the
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retention, maintenance, propogation, existence or
creation of a condition invites
or is conducive to
the multiplication,
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concentration or continued
existence of disease --bearing mosquitos,
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insects,
rats, mice, vermin or other fowl or animals in
upon any premises, or
28 (b) The existence, retention, maintenance, propogation
29 or creation of any one or more of the following
conditions shall Constitute prima facie evidence of
the maintenance of a nuisance injurious'to health.
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(1) Untreated or improperly treated human waste,
32 garbage, refuse, offal, dead animals, or
dangerous waste materials from manufacturing
33 processes which are harmful or may be harmful
to human or animal health or life and air
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I)0111_1tant_s, s,,ases rind noisome odors which are
It,rrmii_I! or rii.a- be li,ir_mful to the health and
life of man and animais;
(2) I iinrop,.�rl;r bUil t oc r:iaintained septic tanks,
water closets or privies;
(3) The keeping of diseased or disease -bearing
animals dangerous to human health;
(4) Ur-1clean or filthy places where animals are
slaughtered;
(5) The creation, maintenance or causing; of any
condition capable of breeding or attracting
rats, mice, flies, mosquitos, or other arthro-
pods or animals capable of transmitting dis-
eases either directly or indirectly to humans;
(6) The improper storage or accumulation of
garbage or refuse;
(7) Any other condition determined to be a sani-
- tary nuisance by the department pursuant to
-- Sec. 14-67(a) of this code.
(c) The department shall'�rives�agate and report any
condition alleged to be a nuisance in any city.or
unincorporated area of Broward County and if such
condition is determined to constitute a sanitary
nuisance, the department shall take such action as
it may deem advisable to protect the health and
life of the people of Broward County in accordance
with the provisions of this code.
Section 5. Section 14-68 Prohibited acts, of the Broward
County Code of Ordinances is created to read:
Sec. 14-68. Prohibited acts.
(a) Sanitary nuisance. No person shall cause, main-
tain, propogate or create a sanitary nuisance.
(b) Accumulation o garbag;e and rubbish. No person
shall accumul_ate or cause, permit, maintain or
allow to be accumulated any garbage or rubbish in
or upon the premises owned or occupied by him un-
less such garbage and rubbish is stored in proper
receptacles. In no event shall garbage or refuse
be stored for more than seven (7) consecutive days.
(c) Contagious clisease refuse. Refuse consisting of
wearinf; apparel, lied -ding, or other waste from homes
or other places where highly infectious or corl--
tagious diseases have prevailed shall not be placed
in garbage or bulk receptacles for regular collec-
tion. Removal of such materials shall be performed
under the supervision and direction of the Broward
County Health Officer.
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v '-I aiiimab le or
e.;pior>iv(I r:i..it:eri,,.iia:;frill not be placed i.tt ,,ar_bage
2 or. bulk: reccptacl(.!s for ro_y;uk_ar collection but
shal.i be dL,,;Posed of as directed by the coll.ector
3 at the expense of the owner or possessor thereof.
4 (e) Otnccr li,.zzardous ni;,tcr. is Ls . No person shall place
or cause to be or bulk recep-
5 tacles such materials as unwrapped razor blades,
hypodermic needles, glass, acid and other like
6 materials which have caused or may cause personal
"Jury to emp lovices o t- the collector. . Such materi-
7 al shall not be collected unless wrapped, rendered
8 harmless or identified as injurious materials.
9 (f) Scattering or s illing arba e.
10 (1) No person shall intentionally or negligently
molest, disturb, dump, scatter or spread about
11 any contents of garbage or bulk receptacles
except the collector's employees when emptying
12 the contents thereof for collection or dispo-
sal at a garbage disposal site.
13 (2) A collector shall not intentionally or negli-
14 gently spill any contents of garbage or bulk
receptacles when transferring or dumping the
15 - contents thereof into the collection vehicle
provided therefor. The collector shall clean
16 up all garbage,..rubbish and refuse inadver-
tently spilled during"collection and shall
11.87 completely empty garbage and bulk receptacles
and replace their covers or lids.
(g)
Burninl7 f garbage, No person shall burn or attempt
19 to burn any garbage, rubbish or refuse except at
those locations specifically authorized and li-
20 censed to burn or otherwise dispose of garbage,
rubbish and refuse.
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(h) StorinE tires. No person shall store or permit the
22 storage or accumulation of tires in or upon his
premises in a manner which allows the collection of
23 water or liquids therein.
24 (i) Unauthorized use of receptacles. No person shall
add or place any garbage, rubbish or refuse into
25 a garbage or bulk receptacle or remove or empty
anything therefrom without having first received
26 authorization from the owner or lessee of the
receptacle. This shall in no way prohibit the
27 removal or collection of garbage, rubbish or refuse
by the department, the County or unit of local
28 government, their authorized agents, employees or
representatives.
29
JO Section 6. Section 14--69 Enforcement, of the Broward
sl County Code of Ordinances is created to read:
32 Sec, 14-69. Enforcement.
093
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(a)
The 13ro:,1ard (:ount Health Departrnerit :;hall be
responsil)ie for erlt-orcirl,; the provisions (:)f this
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article. hrlt= I10C11i.z ; COrltr[i.[ie(i herein shall prohibit
e[1ic7rce[nc[1t ol-
� t11i.:; :[rticic 1)•,, a 1-[w enforcement
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ofl:icor .Icti.n;; wi t_fiin }lit, jurisdiction or at the
request of the department.
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(b)
'Elie, Broward County Health and Sanitary Control
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Board shall have the power and authority to order
such relief as it play deom necessary to enforce
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the provisions of this article.
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Section 7. Section 14-70 Penalties, of the Broward
8
County'Code of
Ordinances is hereby created to read:
9
Sec.
14-70. Penalties.
10
(a)
Any person who violates any provision of this
article shall be punished as provided by law. If
11
such violation be continuing, each day's violation
shall be a separate offense.
12
(b) The selection or use of any remedy or penalty
13 authorized by this code for a violation of this
article shall not preclude the use or application
14 of any other penalties or remedies authorized by
this code or general law.
15
16 Section 8. SEVERABILITY
7
If any section, sentence, clause or phrase of this prdi-
18 1
nance is held to be invalid or unconstitutional by any Court of
- 19 competent jurisdiction, then said holding shall in no way affect
20 the validity of the remaining portions of this Ordinance.
21 Section 9. INCLUSION IN CODE
22 1t is the intention of the Board of County Commissioners
23 that the provisions of this Ordinance shall become and be made a
24 part of the Broward County Code; and.that the sections of this
25 Ordinance may be renumbered or relettered and the word "ordinance"
26 may be changed to "section," "article," or such other appropriate
27 word or phrase in order to accomplish such intentions.
28 Section 10. EFFECTIVE DATE
29 This Ordinance shall become effective as provided by
0 law.
1 ENACTED this 28th day of December, A.D., 1977.
32 FILED WITH DEPARTMENT OF STATEthis 3rd day of January, A D. 1978
33 EFFECTIVE this 6th day of January, A.D., 1978
AWL:ed
12/28/77
1086-301
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