2011-04 Code Amendment - Yard WasteORDINANCE N0.2011-04
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 14, "HEALTH
AND SANITATION," OF THE VILLAGE CODE OF ORDINANCES BY
AMENDING SECTION 14-31, "COLLECTION OF RESIDENTIAL YARD
WASTE," OF ARTICLE II, "GARBAGE, TRASH AND REFUSE," TO LIMIT
REGISTRATION AND YARD WASTE REMOVAL REQUIREMENTS TO
COMMERCIAL TREE TRIMMERS AND LANDSCAPE MAINTENANCE
COMPANIES; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Section 14-31 of the Village Code of Ordinances currently requires that any
person, group of persons, corporation or other entity paid a fee to perform tree trimming or
landscaping maintenance activities within the Village to be registered with the Community
Development Department and to remove all yard waste generated by such activities; and
WHEREAS, due to difficulties encountered by Village Staff in the administration and
enforcement of this provision, the Village Council wishes to amend these requirements to apply
only to commercial tree trimmers and landscape maintenance companies; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the
interests of the health, safety and welfare of the Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Chapter 14, "Health and Sanitation," Article II,
"Garbage, Trash and Refuse," Division 2, "Garbage Collection and Disposal," by amending
Section 14-31 to read as follows (additional language underlined and deleted language
st~iel o..i~)
Sec. 14-31. Collection of residential yard waste.
*~*
All providers
of commercial tree trimming; and/or landscape maintenance services
retained to perform services within the village shall be registered with
the village's community development department and shall be required
to remove all yard waste generated by such tree trimming and/or landscape
• maintenance activities. For the purpose of this section, a provider of
commercial tree trimming`and/or landscape maintenance services shall
be defined as a person, group of persons, or entity that routinely
engages in, and markets itself as a provider o£ such services for a fee.
Page 1 of 2
Section 3. The provisions of this Ordinance shall become and be made part of the Code of
Ordinances for the Village of North Palm Beach, Florida.
• Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is
for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or
void, such holding shall not affect the remainder of the Ordinance.
Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS 27th DAY OF JANUARY, 2011.
PLACED ON SECOND, FINAL READING AND PASSED THIS 10th DAY OF FEBRUARY, 2011.
(Village Seal)
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
•
MAYOR
Page 2 of 2