The URL can be used to link to this page

Home My WebLink AboutDocumentation_Regular_Tab 09B_04/28/1994 1 VILLAGE OF TEQUESTA � � � Post Oftice Box 3273 • 357 Tequesta Drive i ' Tcquc.sta. Florida 33469-0273 •(4U7) 575-6200 �� Fax: (407) 575-6203 ' � 0 . . . fC M [OVM� 1 ` MEMORANDUM: TO: Village Council FROM: Thomas G. Bradford, Village Manager �� / DATE: April 7, 1994 SUBJECT: Ordinance Regulatinq Composting; Agenda Item With the newly instituted efforts of the Palm Beach County Solid Waste Authority to promote residential composting, it becomes incumbent upon the Village of Tequesta to appropriately react to such activities. After having studied the subject of composting, I have concluded that �he _��ll�age:_should take steps to allow the same, but adopt ordinances regulating composting so that the - following matters are addressed: - : - - - 1) Composting bins should be of a proper size and made of proper materials. 2) The location of compost bins should be regulated to reduce the potential for "eyesores" and unnecessary proximity to abutting property owners, which could become problematic if proper composting procedures are not utilized. We had our draft Ordinance reviewed by the Solid Waste Authority and they have found it to be a model ordinance for all municipalities. The Public Safety Committee reviewed this Ordinance on March 2, 1994, and recommends adoption of the same. I recommend the Village Council adopt this Ordinance, providing for a proper level of regulation for composting activities. TGB/krb Attachment K�cvrfrd Prr�� « ��TL �V � . `O ..�.•�,.o r�,p:, ` �7\1L11/ �'1��L�J 1 L i�V 1 ��Jl�.l _ — r_ `-~ \ -- � .` :;` .e : (�I' 1'.11.;�1 I�L•':1('11 ('OI'\"I�' �\ V�LL GEOF ` _ � _.'_� �,�>> �,�rti,.�„� i��,,,� . TEQUESTA � `• '�',�: \\", �; I' :�n itr:irli. 17„r1�1.i :i:i 11" � �• .� . i ,: �;,��„,,,: ,:��; ► ��.��_:��; FER � � �,�� , ',, Y1uAG� a February 16, 1994 ��p,'g ��-., d .�,� ,�, � �. �` �� .- I � � -�,_ .,, "r Mr. Thomas Bradford Viilage Manager Village of Tequesta PO Box 3273 Tequesta, FL 334fi9-0273 ! RE� Draft Tequesta Ordinance Requlatinq Compostina Dear Mr. Bradford: On behaif of the Solid Waste Authority of Palm Beach County, I wouid like to thank you for allowing us the opportunity to provide input into Tequesta's ordinance regulating composting. Jim Greer and I both reviewed the ordinance and our only concern is with Sec. 10-72 (d), specifically, the phrase "waste generated by products used for human consumption shall be prohibited." While we do understand the importance of excluding many types of waste � which would fall into this category, there are some Exceptions which we would like _to see ; listed. Organic food scraps can be a very effective ingredient in the production of i compost. These include, but are not limited to: � • all vegetable scraps i • fruit remains � • breads • pastas • coffee grounds � • tea bags • egg shells i • wet paper towels i Of course it is our objective at the SWA for residents to compost as much as possible, ' thereby keeping it off their curb and out of the county's disposal facilities. We � recommend that the ordir�ance be amended to include #hese "green" types of food waste j listed above. . � , I Bradford Composting Ordinance February 16, 1994 Page 2 Again, thank you for recognizing backyard composting as a viabie alternative to "throwing it away." This ordinance will serve as a example for other municipalities to follow. Sincerely, ON BEHALF OF THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY � / i �� ana A. Haskins Senior Project Manager � cc: Kathleen E. Kelley, Director of Recycling, Source Reduction and Public Affairs Linda Hodgkins, Intergovernmental Coordinator � Jim Greer, Residential Recycling Coordinator , � VILLAGE OF TEQUESTA : , , Post Office Box 3273 • 357 Tequesta Drive � Tcqucsta, Flonda 33469-0273 • (407) 575-6200 ` ' ' � Fax: (4.07) 575-6203 ; t s o �� t f �'� tOUM� February 10, 1994 Ms. Jana Haskins Source Reduction Coordinator Solid Waste Authority of Palm Beach County 7501 North Jog Road West Palm Beach, Florida 33412 RE: Draft Tequesta Ordinance Regulating Compostiag Dear Ms'. Haskins: Attached hereto, please find a copy of a draft Ordinance regulating composting which is to be considered by the Village Council in the near future. Prior to proceeding with the adoption process, the �7illage Attorney and i felt it would be prudent to receive any comments from the Solid Waste Authority regarding our proposed Composting Ordinance. _ I was informed that I�should-forward the attached Ordinance to you = for this purpose. Please review the Ordinance and offer any comments on behalf of the Solid Waste Authority regarding Tequesta's draft Composting Ordinance. Please forward any comments . that you may have to the attention of the undersigned prior to the close of the working day, Friday, February 25, 1994. If I do not hear from you by that date, I will assume the Solid Waste Authority has no official comments regarding Tequesta's Composting Ordinance. Should you have any questions concerning this matter, please feel free to contact me at your earliest convenience. Sincerely, / � � �- Thomas G. Bradford Village Manager TGB/krb Attachment JONES, FOSTER, JOHNSTON & STUBBS, P. A. ATTORNEYS ANO COUNSELORS FLAOIER CENTEii TOWER 605 SOUTH FIAOLER DRIVE ELEVENTH FIOOR P. O. BOX ��76 �� •� MENRY f lIL1ENTMK LApRY S ALEXANDER .l0/1N OLA�R MCCRACKFN ' r �p�,�� $7E�HEN J. AUCAMV lCOT? L. McMUIIEN WEST PALM BEACH, FLORIDA 9940211 �j �'�� ' -� T(iACEYlIAO�OTTI JOMM C. a1NDOLPM . �, HARR� KLICOM JOlM70N JO�'CE A CONWAY JOHN C RAU c4o» e6a�000 ~• . �� MARC3AiiET L. COOPER ANDAEW AO'9B FAX: (IO7��Y•IISI � EDWARO D�AZ 97EVEN J p01HMAN � O� .��, A� �E E{ FEBECCA G. DOANE OETEA A 8/�CN9 ��G CMAiSTOPMEA S DUKE 0 CULYEA SMITM m TEQUESTA .'�, PM1l C. M�OIfE SCOTT G. FIAWKIN$ SiDNE� A STU8B3. JR TMORNTON M. MENRY ALLEN A TpMLIN90N ' �� GETEA 4 MOLTON JOMN 9 TPoMVEq � ', t NAFK 8 K;. E!NfELD MiC�AEL 0 WALSN WRlTER'S DIRECT UNE: _ C' y Q �� MICMAEL 1 KFANZ N ADAM$ WEAVER � �� B �� J.J� � WILUAM A. fOBTEN viuAC� � � `°""'�` .✓�S re. l MARTIN FLAMA(lAN °'' A!ANAGER'S f �-. 7 , OFFICE •,�;� , February 8, 1994 '�� --� ��` , � � j � �; �� Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 r RE: Village of Tequesta Ordinance Addressing Composting Our File No. 13153.1 Dear Tom: I have revised the=-abaye referenced ordinan�� to�th�- --- - regulation of composting by includinq 3.t `in= a riew Article of=the �- � Code and by further eliminatinq the requirement for a permit. I have also included a penalty section and a section relating to the Code Enforcement Board. Sincer John . Randolph JCR/ssm Enclosure ORDZNANCB NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORZDA, AMENDING CHAPTER 10 OF THE CODE OF ORDZNANCES RELATING TO HEALTH AND SANZTATION, BY CREATING A NEW ARTICLE VIII RELATING TO COMPOSTING; PROVIDING FOR THE REGULATION OF COMPOSTING; PROVIDING FOR PENALTIES; PROVIDING FOR ADMZNISTRATIVE , FINES; PROVIDING FOR SEVERABILITY; PROVZDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY.THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: Section 1. That Chapter 10 of the Code of Ordinances of the Village of Tequesta is hereby amended by creating a new Article VIII, Composting, to read as follows: "ARTICLE VIII. COMPOSTINt3 Sec. io-72. Requlation of Compostinq. (a) For purposes of this article, composting is defined as the accumulation of leaves, pine needles, twigs, grass, weeds, vegetative debris, dead trees and other wastes generated by vegetation_or_landscape,_that become decomposed as a resu�t of the breakdown.of the- organic materials by bacteria,- fungi, worms :and -:other- - organisms.' -- - (b) Owners of real property within the Village shall be permitted to engage in composting activities on their property provided such owners comply with the following restrictions: (1) All composting materials shall be kept in a compost bin located on the property which shall not exceed four feet (4') in height and/or four feet (4') in width and/or five � feet (5�) in length. Said bins shall be manufactured plastic mold units referred to as plastic open air bins identified on Exhibit "A" attached hereto. (2) Composting material shall not be permitted to exist on any property within the Village except for within a compost bin as described in subsection (b)(1). (3j Not more than two (2) compost bins shall be permitted for each residence within the Village and said bins shall be located within the rear yard so as not to be visible from a public street and shall be located within the setbacks applicable to the zoning district in which they are located. (4) The composting of trash, debris or waste generated by products used for human consumption shall be prohibited. Sec. 10-73. Penalties. Violations of the provisions of this article, after notice by a village official, shall constitute a misdemeanor. Any person upon conviction of such misdemeanor shall be fined in accordance with the penalties prescribed by Florida Statutes relating to the same. Sec. 10-74. Administrative Fines. Consistent with law and this article, the Village Code Enforcement Board shall have jurisdiction to enforce the provisions of this article within the corporate limits of the Village. The Code Enforcement Board, upon notification by the Code Enforcement Officer, that an order of the Code Enforcement Board has not been complied with by the set time, or upon finding that the same violation has been repeated by the same violator, may order the violator to pay a fine in an amount consistent with the fine allowed by state statute, and by the Code Enforcement Ordinance of the Village relating to violations within the jurisdiction of the Code Enforcement Board." Section 2. Severability. 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 qiven effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Villaqe of Tequesta. 2 Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1994. MAYOR OF TEQUESTA _ _ _ _ __ Ron T. Mackail ATTEST: Village Clerk JCR\131530RD\COMPO.ORD 3 . , „ �� Ptastic Open Air Bins Several plastic unics feature air vents along the sides and � are usually constructed from recycled plasrics. ,_� � �-� .� � = : ;, � ,� � � - - -- ■�■ � � I � j � ` --- � a / � --� , 32