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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1994-010Temp.Ord. #1686 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-94 , /0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 9 OF THE TAMARAC CITY CODE ENTITLED "HEALTH, SANITATION AND NUISANCES", AMENDING SECTION 9-1 ENTITLED "LITTER"; BY ADDING A DEFINITION OF SEDIMENT; PROVIDING FOR PROHIBITION AGAINST TRACKING, SPILLING, DROPPING ETC.; PROVIDING FOR DUST CONTROL; ADDING SECTION 9-2 ENTITLED "ENFORCEMENT", PROVIDING FOR ENFORCEMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tamarac, Florida, deems it to be in the public interest to modify the littering ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA; SECTION 1: That the foregoing whereas clause is ratified and confirmed as being true and correct and is hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: That the Tamarac Code of Ordinances is amended by revising Section 9-1, as follows: CODING: Words in StMek thFOugh type are deletions from existing law; Words in underscored type are additions. Temp.Ord. #1686 2 HEALTH, SANITATION AND NUISANCES ARTICLE I. IN GENERAL Sec. 9-1. Litter, Sediment (a) Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them below: (1) Law Enforcement Officer means any law enforcement officer having jurisdiction within the City. (2) Litter mans any garbage, rubbish, cans, bottles, containers, trash, refuse and papers. 3 Sediment means any soil silt sand ravel ebble stone rock. sod,_clod, muck, dust or clams (b) Throwing, depositing, etc. 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, thoroughfare or any public lands, except in containers or areas lawfully provided therefor. It shall be unlawful for any person to throw, discard, place or deposit any garbage, cans, bottles or containers in or on any freshwater lakes, rivers, streams or tidal or coastal waters within the city. 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 such 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, either public land or private property, unless prior consent of the owner has been given, in which he CODING: Words in S#U& thFeUgh type are deletions from existing law; Words in underscored type are additions. Temp.Ord. #1686 3 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 three hundred (300) feet from the point of sale or distribution. Tracking,illin dro in etc. It shall be unl wful for gny owner,operator or progerty owner having control ovgr a vehicle allow a vehicle to lace or deposit in any m nner any litter orsediment in or any public_ right of way. d Dust control during any land disturbing activity. 1 All access roads shall be well rinkled as neede d to minimize dust'. or_other -measures taken, gs sl2ecified by the city n ineer. 2) All vehicles transoortina sediment within or through the City of Tamar, hall be covered or contgined in such manner as to prevent the illin or blowin f id contents from the vehicle onto adiacent groperty or public right-of-way.. 3) The aualitv of air shall not be affected by windborne dust anO debris resulting from said sediment trans art to he extent that visible articulat matter is airborne off -site from the land disturbina activity causing a. nuisance to other grogerties. CODING: Words in StFUGk thFOUr.h type are deletions from existing law; Words in underscored type are additions. Temp.Ord. #1686 4 SECTION 2: That the Tamarac Code of Ordinances is amended by adding Section 9-2 to read as follows: Sec. 9-2. Enforcement Enforcement of this article may be by a code enforcement officer, oran other duly authorized law enforcement offiger. SECTION 3: It is the intention of the City Council and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. CODING: Words in StFUGk thFOugh type are deletions from existing law; Words in underscored type are additions. Temp.Ord. #1686 5 a SECTION 6. This Ordinance shall become effective immediately upon its passage and adoption., /a PASSED, FIRST READING this d of PASSED, SECOND READING this Pity 01 ATTEST: WMIZ_4 CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form ._MITCHELL S. KRAI CITY ATTORNEY T01686.GES/MW/BL 1994. RECORD OF COUNCIL VOTE M"OR ABRAM014:TZ GIST. 1: V / M K:4�i W DIST. 2: C / 1.1 t-4Iu�-" D.ST. 3: a �C`.- 0!ST. 4: r o Iq'f S��`f�9'f CODING: Words in o type are deletions from existing law; Words in underscored type are additions.