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2015-07 Commercial Sanitation Service Collection ProceduresORDINANCE NO. 2015 -07 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 2, "GARBAGE COLLECTION AND DISPOSAL," ARTICLE II, "GARBAGE, TRASH AND REFUSE," OF CHAPTER 14, "HEALTH AND SANITATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 14 -30, "COMMERCIAL USE PROPERTY WASTE DISPOSAL FEES AND COLLECTION PROCEDURES," TO REMOVE THE REFERENCE TO DUMPSTER SIZE AND PROVIDE FOR VILLAGE COLLECTION UNLESS THE VILLAGE IS UNABLE TO MEET SERVICE DEMANDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village's Public Works Department is in the process of converting it existing fleet from rear -load collection trucks to front -load collection trucks; and WHEREAS, the front -load collection trucks enable the Village to service dumpsters ranging from one cubic yard to ten cubic yards in capacity; and WHEREAS, Section 14 -30(4) of the Village Code of Ordinances currently provides that the collection of garbage and trash by a private person, firm or corporation is prohibited except where dumpsters of greater than two cubic yard capacity are used; and WHEREAS, the Village seeks to amend Section 14 -30(4) to remove the reference to two cubic yard dumpsters and provide for Village collection except where the Village is unable to meet service demands; and WHEREAS, the Village Council has determined that adoption of this Ordinance is in the best 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," of the Village Code of Ordinances by amending section 14 -30 to read as follows (additional language is underlined and deleted language is str-ieker dffet g ): Sec. 14-30. Commercial use property waste disposal fees and collection procedures. Page 1 of 2 (4) The collection of garbage and trash by a private person, firm, or corporation hired for such purpose is prohibited except where dumpst °..s of greater- than two ,., bie . ar- eapaeity are used the village is unable to meet service demands. Section 3. The provisions of this Ordinance shall no way prohibit or otherwise impair existing commercial sanitation contracts or any subsequent renewals thereof. Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance 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 this Ordinance. Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall take effect June 1, 2015. PLACED ON FIRST READING THIS 9TH DAY OF APRIL, 2015. PLACED ON SECOND, FINAL READING AND PASSED THIS 23RD DAY OF APRIL, 2015. (Village Seal) ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: l VILLAGE ATTORNEY Page 2 of 2