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Home My WebLink AboutDocumentation_Regular_Tab 09C_04/14/1994 ;� � ; VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive � �' Tequesta, Ftorida 33469-0273 • (407) 575-6200 � � � t Fax: (407) 575-6203 ; o m t f � C M COUM� MEMORANDUM: TO: Village Council FROM Thomas G. Bradford, Village Manager �� DATE: April 7, 1994 SUSJECT: Ordinance Regulatinq Compostinq; Aqenda 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 the Village 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��-�cl�>ii �nj,r,� , � r .�T F: .t L•�, • � ``1 w �creii� a y Q� �C) LII� «T.'1�TI; � • � �' ° , ° � 7 . - � . t _"__ ,`�_- o . � � . ! � ' t )I� I'.lI.�l (iL.�('II ('Oi'\7�' `^ ViL�AGEOF . � •° : :.,�,, �, �i'7I7 il`, . �,li� TCQ U�S�A � `` •►«,.�. ,�, . r..,��, .,..,, �; � �, ,.�, , ,:;�� .� .� °- ., , . ,.� . � -�i �,-+n-1�,�;� }��;? '� 7 �i � �r:3 7 j_. ; V]l.;}s� ;�^ February 16, 1994 !��;,�,p�� ,._� ��r ; ` � � _�,,.- .�� Mr. Thomas Bradford Village Manager Viliage of Tequesta PO Box 3273 Tequesta, FL 33469-0273 RE� Draft Tequesta Ordinance Requlatinq Compostinq Dear Mr. Bradford: On behalf of the Solid Waste Authority of Palm Beach County, I would 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 (4), 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 compost. These include, but are not limited to: � � • all vegetable scraps � • fruit remains . • breads • pastas • coffee grounds j • tea bags ' • egg shells ( • 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 af the county's disposal facilities. We recommend that the ordinance be amended to inGude these "green" types of food waste listed above. I ; Re�,:�red ea��- ;� � ; VILLAGE OF TEQUESTA Post OfCice Box 3273 • 357 Tequesta Drive ` �' Tcquesta, Flonda 33469-0273 • {407) 575-6200 �� ` Fax: (407) 575-6203 . o � s o P � ' �y COUM� 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 Requlating Compo�ting 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 Village 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, / �J � �- � � � .P—L . Thomas G. Bradford Village Manager TGB/krb Attachment JONES, FOSTER, JOHNSTON & STUBBS, P. A. ATiORNEYH ANO COl1N8ELOR8 FLAOLEq CENTER TOWER b06 SOUTH FLAOIER ORIVE ELEVENTH FLOOR IAA� B. AlE%ANDER JOMN 8WR McCRACKEN P• O. BOX J,7S ��-�-• `�. MENRV f, UUENTHAL StE�MEN J. AUCAMP SC01T �. McMUILEN WEST PALM BEACH, FLORIDA 33402-34 {� 1 1°° iHACEY BUGIOTTI JOHN Q NANDOLPH (407� 66��3000 , NARRY KL180N JOMNSTON JOVCE A. CONWAY JOHN C_�RAU ~ �s� MApGARET �. C007ER ANONEW HOSS FAX: (�07�83Z�14S4 �� (/ , / � • / � r , p. BNUCE JONE9 EDwAROOIAZ 9TEVENJ.AOTNMAN YiLW1l3GOt� ,.\ 19WtY88 RE.'.'c�CA G. DOANE PETEF A. SACH3 C�.^ STOPHEF S. DUKE D CULVEii SMITH m � 1 T�QUEST� .- o•�� - W��fE SC�" G- HAWKINS SIDNEY A. STUB85. JA. J �. 1933-1991 THCFNiON M. MENRY ALLEN R. TOMLINSON �/ .. VE'EA 5. HOLTON JOHN 3. TRiMPEA •� � HETIRED MARK 8. KLEINFELO MICMAEL P. WALSH WRITER'S DIREC7 LINE: -�- � �� ,� WiLL1AM A. F09TER MICHAEL T. KFANZ H. AOAM9 WEAVEN � �' VILLAGE -- ] � ��UN9EL C y ' A�ANAG£R � L MARTIN FLANACiAN 7 OFFICE ; �`: � Februar 8 1994 ,��` �� ` Y, 1 i t��; � Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 �� RE: Village of Tequesta Ordinance Addressing Composting �� Our File No. 13153.1 Dear Tom: I have revised the above referenced ordinance relating to the regulation of composting by including it in a new Article of the Code and by further eliminating 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 ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES RELATING TO HEALTH AND SANITATION, BY CREATING A NEW ARTICLE VIII RELATING TO COMPOSTING; PROVIDING FOR THE REGULATION OF COMPOSTING; PROVIDING FOR PENALTIES; PROVIDING FOR ADMINISTRATIVE FINES; PROVIDING FOR SEVERABILITY; PROVIDING 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 lU 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. COMPOSTING Sec. 10-72. 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 result 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 mat�rials 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 E�chibit "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). (3) 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 tre 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 given 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 Village , 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 OadanuP was seconded by Councilmember being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and da of , 1994. i adopted this Y MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Village Clerk JCR\131530RD\COMPO.ORD 3 �� Plastic Open Air Bins Several plastic units feature air vents along the sides and are usually constructed from recycled plastics. -- � r - _---� i�, �� ♦ ��'" ' � � � � _._ ! � � A , --- A \i � � , 32 ._. ..�_�.k...ti-,..-