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HomeMy WebLinkAboutOrdinance_362_01/26/1988~~ • (i ORDINANCE N0. 362 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, PROVIDING FOR AN AMENDMENT TO SECTION 10-46 AND SECTION 10-47 OF THE CODE OF ORDINANCES, TO PROVIDE THAT IT SHALL BE UNLAWFUL TO DUMP VARIOUS MATERIALS WITHIN A DUMPSTER OR OTHER MATERIAL RECEPTACLE UNDER THE CONTROL OR OWNERSHIP OF ANOTHER PERSON, FIRM OR OR- I GANIZATION WITHOUT EXPRESSED WRITTEN PER- IT MISSION; PROVIDING FOR SEVERABILITY; PRO- i VIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA AS FOLLOWS: Section 1. Section 10-46 of the Code of Ordinances of the Village of Tequesta is hereby amended to read as follows: "It shall be unlawful for any person, firm, organization or agent or representative thereof to dump or caused to be dumped upon any lot, parcel of land, dumpster or other material receptacle within the Village any sand, rocks, debris, in- cluding garbage and trash, or spoil except as otherwise provided herein." Section 2. Section 10-47 of the Code of Ordinances of the Village of Tequesta is hereby amended to provide subsection (d) which shall read as follows: (d) The dumping of materials, otherwise prohibited by the terms of this article by a person, firm or organization within an approved location, dumpster or other approved material receptacle under the ownership and control of the person, firm or organization dumping the said materials. Dumping of such materials shall be done pursuant to all applicable laws, rules, regulations and any terms and conditions of applicable rental or lease agreements for usage of dumpsters or other approved material receptacles. Section 3. - Section 10-47 of the Code of Ordinances of the Village of Tequesta is hereby amended to provide subsection (e) which shall read as follows: (e) The dumping of materials, otherwise prohibited by the terms of this article, by any person, firm, organization or agent or representative thereof within a dumpster or other material receptacle under the control or ownership ~ of another person, firm or organization when expressed permission is given as evidenced by presentation of a lease agreement authorizing the same or other written permission of the person, firm, or organization having ownership or control of the said dumpster or other material receptacle. Section 4. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications and to this end, the provisions of this Ordinance are hereby declared severable. Section 5. This Ordinance shall be codified and made a part of the Official Code of Ordinances of the Village of Tequesta. -~ r • - 2 - Section 6. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember Edward C. Howell who moved its adoption. The Ordinance was seconded by Councilmember Edwin J. Nelson and upon being put to a vote, the vote was as follows: ii FnR A1~C)PTTC~N A(=.'ATNCT AnC~PTTnN Earl L. Collings Ron T. Mackail Carlton D. Stoddard Edwin J. Nelson Edlaard C . Howe 11 The Mayor thereupon declared the Ordinance duly passed and adopted this 26t:~ day of January 1988. MAYOR OF TEQUESTA ~' Carlton D. Stoddar s