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HomeMy WebLinkAboutO-2002-046 ORDINANCE NO. 2002-046 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE REMOVAL AND DISPOSAL OF LANDSCAPING MATERIALS (SUCH AS GRASS AND WEED CLIPPINGS) FROM PRIVATE PROPERTY TO PREVENT INTERFERENCE WITH THE USE OF PUBLIC STREETS, SIDEWALKS AND STORM DRAIN SYSTEMS; AMENDING CHAPTER 17 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "OFFENSES-MISCELLANEOUS" TO CREATE SECTION 17-25 OF THE CODE OF ORDINANCES, TO BE ENTITLED "REMOVAL OF LANDSCAPING MATERIALS FROM PRIVATE PROPERTY"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission finds a need to specifically prohibit the accumulation of vegetation and yard clippings which result from maintenance of yards and lawns, since they tend to disrupt use of public sidewalks, streets and the City's stormwater sewer system, because such materials tend to make sidewalks and roads slippery and unsightly and they frequently tend to clog stormwater grates and drains after yards are maintained; and WHEREAS, the City Commission finds that a code revision addressing such matters is in the best interest of the residents of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Section 17-25, to be entitled "Removal of Landscaping Materials from Private Property" (of Chapter 17 of the City Code of Ordinances of the City of Dania Beach, which Chapter is�, entitled "Offenses-Miscellaneous") is created to read as follows: Sec. 17-25 Removal of Landscaping Materials from Private Property. (a) The placing, sweeping, discarding, scattering, spreading, throwing or dumping of vegetative plant materials, such as yard or lawn clippings, weeds, brush or any similar material, generated by any person as a result of lawn mowing, use of leaf blower devices or otherwise due to landscaping and yard or lawn maintenance which results or may result in an accumulation of such materials at any location upon any public property, including but not limited to any public street, sidewalk or stormwater grate within the City, is prohibited. F:/500:/566001:/Ordinances:/Yard&Lawn Clipping disposal 1 ORDINANCE NO.2002-046 (b) It shall be the duty of each property owner or property occupant to ensure that the materials identified in Section 17-25(a) are properly disposed of by placement in bags or other containers or receptacles for lawful disposition by such owner, occupant, landscaping service or by a trash hauler, which hauler is licensed by the City. Section 2. That except as amended above, all other provisions of Chapter 17 of the Code of Ordinances of the City of Dania Beach, Florida shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. Section 4. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5. That this ordinance shall be in force and take effect immediately upon adoption. PASSED AND ADOPTED on first reading on October 8, 2002. PASSED AND ADOPTED on second reading on October 22, 2002. ATTEST: ROB RT H. CHUNN, JR. J44 MAY R — COMMISSIONER CHARLENE JO SON CITY CLERK ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - ABSENT COMMISSIONER MIKES — OUT OF ROOM VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO FORM AND CORRECTNESS: l � BY: �_ THOMAS J) ANSBRO CITY ATTORNEY i F:(500:l566001:(0rdinances:/Yard&Lawn Clipping disposal 2 ORDINANCE NO.2002-046 e CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commissioners CC: Ivan Pato, City Manager Charlene Johnson, City Clerk Michael Sheridan, P.E., Public Works/Utilities Director FROM: Tom Ansbro, City Attorney DATE: October 1, 2002 RE: Proposed "Lawn Cuttings" Ordinance Attached is an ordinance drafted as requested by Commissioner McElyea. While it covers the use of leaf blowers which direct lawn clippings into streets and ultimately, stormwater drains become obstructed, it has been drafted to essentially require that such yard materials be "bagged" and disposed of properly. This matter is now ready for Commission discussion, consideration and action. ® TJA:slw Attachment NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS HEREBY GIVEN that. the City Commission of the City of Dania Beach, Florida, on October 22, 2002, at 7:00 p.m. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission Chambers of the Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida to consider the proposed adoption of the following Ordinances entitled: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "FLOOD DAMAGE PREVENTION" AMENDING SECTION 12-5 ENTITLED "DEFINITIONS"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE REMOVAL AND DISPOSAL OF LANDSCAPING MATERIALS (SUCH AS GRASS AND WEED CLIPPINGS) FROM PRIVATE PROPERTY TO PREVENT INTERFERENCE WITH THE USE OF PUBLIC STREETS, SIDEWALKS AND STORM DRAIN SYSTEMS; AMENDING CHAPTER 17 OF THE CITY CODE OF ORDINANCES, ® WHICH CHAPTER IS ENTITLED "OFFENSES-MISCELLANEOUS" TO CREATE SECTION 17-25 OF THE CODE OF ORDINANCES, TO BE ENTITLED "REMOVAL OF LANDSCAPING MATERIALS FROM PRIVATE PROPERTY"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A copy of these proposed Ordinances are on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal working hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact Charlene Johnson, City Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting. /s/ Charlene Johnson, CMC City Clerk Run in Sun Sentinel: October 11, 2002