It is prohibited and shall be unlawful for any person to:

(1)

Throw, drain, run or otherwise discharge into any of the waters of the city, or to cause, permit, suffer or allow to be thrown, run, drained, allowed to seep or otherwise discharged into such water any organic or inorganic matter that shall cause or tend to cause water pollution.

(2)

Discharge sewage, industrial wastes, cooling water, or any other wastes into the surface water, tidal saltwater, or groundwater in such quantities and of such characteristics as may cause or tend to cause the receiving of waters, after thorough mixing with the waste streams, to be of poorer quality than the water quality standards established by the county or state or which may tend to cause water pollution.

(3)

Cause, let, permit, suffer or allow to be discharged into the atmosphere from any source of emission whatsoever any air contaminant, particulate matter, or sulfur dioxide, which exceeds the limits for time, total quantities and ground level concentrations as are established in the rules and regulations of the county or the state.

(4)

Operate any motor vehicle, machinery, internal combustion engine or other device which discharges into the atmosphere visible emissions of air contaminants or particulate matter of such opacity as to obscure an observer's view, or which exceeds the limits for time, total quantities and ground level concentrations as are established in the rules and regulations of the county or state.

(Code 1980, § 13-6)

It shall be unlawful for any person to conduct any farming activities within the city in such a manner as to disseminate dust, obnoxious odors or cause any nuisance or menace to the health, comfort and safety of any person of the city.

(Code 1980, § 13-7)

(a)

Any rock pit or other land excavated area abutting a public right-of-way shall be enclosed with a fence of a height of not less than six feet nor more than eight feet. The fence shall in all respects comply with existing ordinances of the city but in any event shall be as neat as possible, nonclimbable and impenetrable.

(b)

It is the specific intent of this section to enclose all rock pits or other land excavated areas entirely, prohibiting unrestrained admittance to the enclosed area.

(c)

A rock pit or any land excavated area shall be defined and shall include those areas where materials are removed from the area for use at another area.

(Code 1980, § 13-8)

(a)

Whenever it shall appear necessary or expedient for the preservation of the public health, or for other clear and cogent reasons, that any lot, plot or vacant land is lower than the grades of any streets adjoining such lot, plot or vacant land, or the established grade, is subject to overflow or to the accumulation of ponds of water, the city commission shall enact an appropriate resolution which shall set forth with particularity the following:

(1)

That the city has preliminarily found and determined that the lands are low lying.

(2)

That a copy of the resolution, including a hearing date, shall be published in a newspaper for two weeks in some newspaper published in the city and a copy served by certified U.S. mail on the owner of the land and a copy posted on the land.

(b)

At the time, date and place of the hearing as indicated in the resolution, the city commission shall hear and consider such evidence as may be presented relating to the issues of the elevation of such lands and the public health.

(c)

After the hearing and after due consideration of the evidence, the city commission shall find that either the lands are not low lying as contemplated in this section or that such lands are low lying. In the latter event, the city commission shall order and direct the owner of the land to fill in the land to the grade established by the adjoining streets within 30 days from the hearing date.

(d)

If the owners shall not within 30 days fill in the land or drain or ditch the land, it shall be lawful for the city to cause the action to be done and to charge and collect the expenses from the owners, which shall give the city a lien on such land to be enforced as provided by law.

(Code 1980, § 13-9)

Statutory authorization, statement of purpose and objectives. The legislature of the state has in F.S. ch. 166 delegated the responsibility to municipalities to adopt regulations designed to promote the public health, safety and general welfare of its citizens. Coral reefs are one of the most biologically diverse ecosystems in the world, providing billions of dollars in food, medicine, products, tourism, and coastal protection each year. Less than a half-mile offshore Hallandale Beach is a patch of staghorn coral, a federally listed critically endangered species, which is simultaneously battling climate change impacts, land based sources of pollution, and coral disease. This ordinance has multiple purposes:

(a)

Reduce sources of land based pollution;

(b)

Meet ocean outfall legislation goals by prioritizing the use of wastewater reuse and greywater;

(c)

Protect public health, safety, and welfare; and

(d)

Protect the value (intrinsic and tangible) of Florida coral reefs, the Florida Reef Tract, and Hallandale Beach's Staghorn coral population.

(Ord. No. 2019-011, § 2, 6-20-2019)

(a)

Definitions. For purposes of this act, the following definitions shall apply:

Blackwater means human body waste and waste from toilets and other receptacles intended to receive or retain human body waste and includes any material that has been collected or treated through a marine sanitation device.

Expanded polystyrene means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead foam), injection molding, foam molding and extrusion-blown molding (extruded foam polystyrene). Expanded polystyrene is commonly referred to as Styrofoam.

Expanded polystyrene food service articles means plates, bowls, cups, containers, to-go containers, lids, trays, coolers, ice chests and all similar articles that consist of expanded polystyrene.

Fertilizer means any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil.

Green stormwater infrastructure means a resilient approach to treat stormwater at its source via plants while delivering environmental, social, and economic benefits.

Ocean friendly landscaping means landscapes, gardens, or lawns which are designed to absorb and filter stormwater, reduce non-point source pollution, and sequester carbon.

Rain garden means a landscaped, depressed area that can hold stormwater runoff from impervious surfaces (such as a street) while it infiltrates the soil below.

Single-use carry out plastic bag means a bag provided by a company or individual to a customer, typically at the point of sale, for the purpose of transporting purchases, which is made predominately of plastic derived from petroleum or a biologically-based source. This definition includes bags, as defined above, provided to an individual to transport items provided free of charge, including but not limited to, samples and informational materials.

User means any person who applies fertilizer on turf and/or landscape plants in the city.

Wet season means the National Weather Service designated dates of May 15 through October 15.

(Ord. No. 2019-011, § 2, 6-20-2019)

(a)

Regulations.

(1)

It shall be unlawful to use or bring a single-use carry out plastic bag or expanded polystyrene food service article on public beaches within city limits.

(2)

It shall be unlawful to distribute expanded polystyrene food service articles or single-use carry out plastic bags from beachside establishments within city limits.

(3)

No user shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the defined wet season.

(4)

No user shall apply fertilizers containing nitrogen and/or phosphorus to turf grass and/or landscape plants during a period for which the National Weather Service has issued any of the following advisories for any portion of the city: a severe thunderstorm warning or watch, flood warning or watch, tropical storm warning or watch, hurricane warning or watch, or if rain greater than or equal to two inches in a 24-hour period is forecasted.

(5)

It shall be unlawful to discharge boat blackwater holding tanks within any waters in city limits.

(b)

Exceptions.Sections 13-7(a)(3) and 13-7(a)(4) shall not apply for the following:

(1)

Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. § 823.14, as amended.

(2)

Vegetable gardens, owned by individual property owners or a community, provided that fertilizer application rates do not exceed UF/IFAS recommendations according to SP103 Florida Vegetable Gardening Guide, December 2008, as updated.

(3)

Yard waste compost, mulches, or other similar materials that are primarily organic in nature and are applied to improve the physical condition of the soil.

(4)

Tree trunk injection fertilization treatments that are performed by a certified arborist.

(Ord. No. 2019-011, § 2, 6-20-2019)

(1)

Following adoption, the city will engage in public education efforts related to the implementation of this section.

(2)

The city shall enforce all provisions of this act, including section 13-7(a)(1), starting October 1, 2019.

(3)

Violation of this act may be in the form of a civil citation and enforced in accordance with section 1-8 or under chapter 9, code enforcement, utilizing the special magistrate provisions, class I violations as set forth in the Code of Ordinances.

(Ord. No. 2019-011, § 2, 6-20-2019)

(a)

Definitions. For purposes of this section, the following words, terms and phrases, including their respective derivatives have the following meanings:

Beverage means any liquid, including any slurry, frozen, semi-frozen, or other forms of liquids, intended for drinking.

Beverage provider means any business, organization, entity, group, or individual located within the city that offers beverages to the public for consumption.

Food provider means any person located within the city that is a retailer of prepared food or beverages for public consumption including, but not limited to, any store, supermarket, delicatessen, restaurant, shop, caterer or mobile food vendor.

Person means an individual, business, event promoter, trust, firm, joint stock company, corporation, nonprofit, including a government corporation, partnership, or association.

Plastic beverage straw means a tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, for transferring a beverage from its container to the mouth of the drinker. "Plastic beverage straw" includes compostable and biodegradable petroleum or biologically based polymer straws, but does not include straws that are made from non-plastic materials, such as paper, sugar cane, bamboo, etc.

Special event permittee means a person who has obtained a special event permit from the city pursuant to section 32-702 of the City Code.

(b)

Plastic beverage straws prohibited; exceptions.

(1)

A plastic beverage straw shall not be sold, or distributed within city limits.

(2)

A plastic beverage straw shall not be used on public beaches within city limits.

(3)

Exceptions. This prohibition shall not apply to:

a.

Pre-packaged drinks sold at commercial establishments.

b.

Use by medical or dental facilities.

c.

Use by the school district or county, state, or federal governmental entities.

d.

Use during a locally declared emergency.

e.

Use by individuals with a disability or other impairment requiring use of plastic straw.

(c)

Non-plastic alternatives to plastic beverage straws. Nothing in this section precludes a food provider, beverage provider, special event permittee, or any person from using, providing, distributing, or selling non-plastic alternatives to plastic beverage straws, such as those made from paper, sugar cane, or bamboo, available to customers. Non-plastic alternative straws shall only be provided upon request.

(d)

Enforcement; penalties.

(1)

Following adoption, the city will engage in public education efforts related to the implementation of this section and provide assistance with identifying alternatives to plastic beverage straws.

(2)

Beginning January 1, 2019, the city shall enforce all provisions of this section.

(3)

Any person violating any section of this article is guilty of an infraction. The first violation shall be subject to a written warning or notice of violation. The second violation within a six-month period shall be subject to a fine not to exceed $100.00. The third violation within a one-year period from the first shall be subject to a fine not to exceed $200.00 and each subsequent violation within the one-year period shall be subject to a fine not to exceed $500.00. All enforcement available to the city, including pursuant to Hallandale Beach Municipal Code chapter 9, may be issued for violation of this article.

(Ord. No. 2018-027, § 2, 9-17-2018)

It is the primary purpose of this article to provide for the prompt retrieval of lost, stolen or abandoned shopping carts in order to promote public health, safety and welfare and improve the image and appearance of the city. It is the purpose of this article to have the owners and operators of businesses providing shopping carts to use the means available to them to deter, prevent or mitigate the removal of shopping carts from their business premises. It is further purpose of this article to prevent the illegal removal of shopping carts from the business premises.

(Ord. No. 2006-09, § 1, 4-3-2006)

Shopping carts that have been removed from the premises of businesses and left abandoned on public or private property throughout the city constitute a public nuisance and a potential hazard to the health, safety and welfare of the public. They create conditions of blight in the community, obstruct free access to sidewalks, streets and other public rights-of-way, interfere with pedestrian and vehicular traffic, impede emergency services, and create impediments to the flow of water in drainage systems and other waterways when abandoned within drainage culverts and easements. It is for these reasons such lost, stolen, or abandoned shopping carts are hereby declared to be a public nuisance which shall be subject to abatement in the manner set forth in this article, or as provided by law.

(Ord. No. 2006-09, § 1, 4-3-2006)

For the purposes of this article, the term "shopping cart" as defined in F.S. § 506.502, means a basket mounted on wheels or a similar device which is generally used in a retail establishment by a customer for the purpose of transportation of goods of any kind.

(Ord. No. 2006-09, § 1, 4-3-2006)

Each retail establishment furnishing shopping carts to patrons to transport items purchased from the establishment is hereby required to develop and implement a specific plan to retrieve its shopping carts that are found throughout the city. Two or more retail establishments may collaborate and submit to the city a single plan. The plan must be submitted to the city upon submission of the local business tax receipt application for new business, and with the yearly local business tax receipt renewal for established businesses. The plan must include an effective and specific method of retrieving the retail establishment's shopping carts found throughout the city.

(Ord. No. 2006-09, § 1, 4-3-2006; Ord. No. 2020-026, § 2, 9-16-2020)

The city shall determine whether a retail establishment's plan for retrieving its shopping carts submitted pursuant to this article is reason ably calculated to result in the prompt removal of the retail establishment's shopping carts found throughout the city on property other than that of the retail establishment furnishing the shopping carts to patrons. The shopping cart retrieval plan shall identify the number of employees who will be assigned such cart retrieval duties, the number of total hours per week that each assigned employee will perform such retrievals, and extent of training each of such personnel has received or will receive concerning the retrieval of lost, stolen or abandoned shopping carts. The shopping cart retrieval plan shall include a copy of each contract with a cart retrieval service or indicate that the cart retrieval will be performed in-house. The shopping cart retrieval plan shall identify the streets and bus stops which will be patrolled as required by this article as well as the manner, frequency, and times of such patrols.

Based on the above referenced criteria, the city shall approve, reject or modify a plan, within 30 days of when the plan is submitted. If the plan is approved, the proposed measures shall be implemented no later than 30 days after approval. If the plan is rejected, the retail establishment shall modify the plan and re-submit it to the city no later than 30 days after the date of its rejection.

Following the approval of a plan, a retail establishment may file a written request with the city manager to amend its plan. The proposed amended plan is subject to the same criteria and review process as an original plan.

If a retail establishment's original or amended plan is approved by the city and subsequently, the city manager determines that the retail establishment's plan for retrieving its shopping carts found throughout the city is ineffective, the city manager shall notify the establishment in writing and a new or modified plan to correct any deficiencies identified by the city shall be submitted within 30 days. The city manager shall provide the retail establishment with written notice of such, along with the city manager's recommendation.

(Ord. No. 2006-09, § 1, 4-3-2006)

(a)

Signs on carts required. Every shopping cart made available for use by customers shall have a sign permanently affixed to include identification of the owner of the shopping cart or the name of the business establishment, or both and the current telephone number to report abandoned carts.

(b)

Notice to customers. Written notice shall be provided to customers as described herein that removal of shopping carts from the premises is prohibited.

(c)

Employee training. The owner of the retail establishment shall implement and maintain a periodic training program for new and existing employees designed to educate such employees of the requirements of the abandoned cart prevention plan and the provisions of state and city law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment.

(d)

Compliance. Within 60 days of the effective date of this article, each retail establishment that utilizes shopping carts in the operation of its business shall affix on each shopping cart, and maintain thereon, information identifying the name, address and telephone number of the retail establishment.

(Ord. No. 2006-09, § 1, 4-3-2006)

The following are required measures to contain shopping carts on-site. The owner of the retail establishment may install specific physical measures on the carts or implement other measures to prevent cart removal from business premises. These measures may include, but are not limited to:

(1)

Installing disabling devices on all carts;

(2)

Posting store personnel to deter and stop customers who attempt to remove carts from business premises;

(3)

Installing bollards and chains around business entrances/exists to prevent cart removal;

(4)

Requiring security deposits for use of all carts;

(5)

Providing carts for rental or sale that can be temporarily or permanently used for the purpose of transporting purchases; or

(6)

Providing personnel for the purposes of the retrieval of lost, stolen or abandoned shopping carts. Such personnel may be either employees of the business or one or more independent contractors hired by the owner to provide shopping cart retrieval services, or combination of both.

(7)

The city manager shall have the authority to require businesses of 35,000 square feet or more to install systems or devices to contain shopping carts on-site.

(Ord. No. 2006-09, § 1, 4-3-2006)

Any retail establishment that fails to timely submit a plan, implement a plan approved by the city, resubmit a rejected plan or make required modifications to a plan shall constitute a violation of this article, and subject to the penalties in F.S. § 162.22.

(Ord. No. 2006-09, § 1, 4-3-2006)

Within 60 days of the effective date of this article, each retail sales establishment that utilizes shopping carts in the operation of its business shall post a minimum of two signs not less than one and one half feet by three feet in a conspicuous location on the inside of the retail sales establishment building and not visible from any public street. Such signs shall state the following:

"NOTICE—It is a violation of F.S. § 506.513 to remove a shopping cart, without written authorization, from its owner or from the premises or parking area on any retail establishment."

(Ord. No. 2006-09, § 1, 4-3-2006)

Any violation of this article by persons other than the owner of the shopping cart, shall be prosecuted pursuant to F.S. § 162.22. Each conviction for violation of this article shall be punished by a fine not to exceed $500.00 or by imprisonment in the jail not to exceed 60 days or by both such fine and imprisonment. The city is authorized to dispose of shopping carts not retrieved by shopping cart owners within 14 business days following notice from the city that the shopping carts have been retrieved, and are being held by, the city.

(Ord. No. 2006-09, § 1, 4-3-2006; Ord. No. 2020-026, § 2, 9-16-2020)

It shall be unlawful to do any of the following acts, if a shopping cart has a permanently affixed sign as provided in this article:

(1)

To remove a shopping cart from the parking area of a retail establishment with the intent to deprive the owner of the shopping cart the use of the cart; or

(2)

To be in possession of any shopping cart that has been removed from the parking area of a retail establishment with the intent to deprive the owner of the shopping cart the use of the cart.

This section shall apply only when a shopping cart:

a.

Has a sign permanently affixed to it that identifies the owner of the cart or the retailer, or both;

b.

Notifies the public of the procedure to be utilized for authorized removal of the cart from the premises;

c.

Notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is unlawful; and

d.

Lists a telephone number or address for returning carts removed from the premises or parking area to the owner or retailer.

Any person who violates any provision of this section is guilty of a misdemeanor.

(Ord. No. 2006-09, § 1, 4-3-2006)

Sections 13-98 through 13-110 shall hereafter be known as the Florida Friendly-Fertilizer Use Act.

(Ord. No. 2013-08, § 1, 8-21-2013)

For the purpose of this article, the following terms shall have the meanings set forth by this section unless the context clearly indicates otherwise. All words used in the present tense include the future; all words in the singular number include the plural and the plural the singular. Any word or term not interpreted or defined by this section shall be used with a common dictionary meaning of common or standard utilization.

Application or apply means the physical deposit, placement, or release of fertilizer upon soil or turf or landscape plants.

Applicator means any person who applies fertilizer.

Approved soil test means soil and tissue tests for phosphorus and/or nitrogen done by the University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) or an accredited laboratory that regularly performs soil testing.

Commercial applicator means, except as provided in F.S. § 482.1562(9), any person who applies fertilizer in exchange for money, goods, services or other valuable consideration to property not owned by the person or firm applying the fertilizer.

Fertilizer means any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil.

Fertilizing means the act of applying fertilizer to soil, turf, specialized turf, or landscape plants.

Institutional applicator means any person, other than a private, non-commercial or a commercial applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional applicators shall include, but shall not be limited to, owners, managers or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership.

Landscape plant means any native or non-native tree, shrub, bush or groundcover plant, excluding turf.

Person means any person, natural or artificial, individual, firm, association, partnership, business trust, corporation, company, association, club, organization and/or any group of people acting as an organized entity.

Prohibited application period means the time period during which a flood watch or warning, or a tropical storm watch or warning, or a hurricane watch or warning, or a three-day cone of uncertainty is in effect for any portion of city, issued by the National Weather Service.

Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this article, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water.

Slow release means nitrogen in a form which delays its availability for landscape plant or turf uptake and use for an extended period after application, or which extends its availability to the landscape to the landscape plant or turf longer than a readily available, rapid or quick release product. This definition includes the terms "controlled release," "slow release," "slowly available," and "water insoluble."

Turf, sod, orlawn means an area of grass-covered soil held together by the roots of the grass, including but not limited to, Bahia, Bermuda, Centipede, Paspalum, St. Augustine, and Zoysia, or other grass groundcover.

(Ord. No. 2013-08, § 1, 8-21-2013)

Fertilizer shall not be applied within ten feet, or three feet if a deflector shield or drop spreader is used, of any pond, stream, water course, lake, canal, or wetland as defined by The Florida Department of Environmental Protection (chapter 62-340, Florida Administrative Code) or from the top of a seawall or lake bulkhead. Newly planted turf and/or landscape plants may be fertilized in this zone only for a 60 day establishment period beginning 30 days after planting, if needed to allow the plants to become established. Caution shall be used to prevent direct application of fertilizer into the water.

(Ord. No. 2013-08, § 1, 8-21-2013)

(a)

No applicator shall apply fertilizers containing nitrogen and/or phosphorus to saturated soil or to turf and/or landscape plants on saturated soil.

(b)

No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during any prohibited application period, including any period for which the National Weather Service has issued any of the following advisories for any portion of the city: flood warning or watch, tropical storm warning or watch, hurricane warning or watch, or a three-day cone of uncertainty.

(c)

Fertilizers containing nitrogen and/or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first 30 days after seeding or sodding, except when hydro-seeding for temporary or permanent erosions control in an emergency situation (wildfire, etc.), or in accordance with the stormwater pollution prevention plan for that site.

(Ord. No. 2013-08, § 1, 8-21-2013)

(a)

All fertilizer to be applied shall be labeled in accordance with state law.

(b)

Fertilizers applied to turf and/or landscape plants within the city shall be applied in accordance with requirements and directions provided by rule 5E-1.003(2), Florida Administrative Code, labeling requirements for urban turf fertilizers, and shall not exceed the application rates and frequency maximums, which vary by plant and turf type, found on the labeled fertilizer bag or container.

(c)

Unless a soil or tissue deficiency has been verified by an approved soil test:

(1)

Nitrogen or phosphorus fertilizer shall be applied to turf in accordance with the rates frequency requirements of subsection (b) above; and

(2)

Nitrogen or phosphorus fertilizer shall be applied to landscape plants in accordance with the rates and frequency requirements of subsection (b) above, or in accordance with the University of Florida/Institute of Food and Agricultural Sciences recommendations for landscape plants, vegetables gardens and fruit trees and shrubs.

(Ord. No. 2013-08, § 1, 8-21-2013)

Spreader deflector shields are required when fertilizing via broadcast spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer free zones, water bodies including wetlands, and saturated soil.

(Ord. No. 2013-08, § 1, 8-21-2013)

Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces. Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies including wetlands.

(Ord. No. 2013-08, § 1, 8-21-2013)

In no case shall grass clippings, plant material, vegetative debris and/or yard and garden waste, intentionally be washed, swept, or blown onto or into stormwater drains, ditches, conveyances, fertilizer free zones, water bodies, wetlands, sidewalks or roadways. Any material that is accidently so deposited shall be immediately removed to the maximum extent practicable. Yard and garden waste material may be placed for pick up, in accordance with the City Code, within the swale, parkway or street, but not in such a manner which may block or wash into the storm drains.

(Ord. No. 2013-08, § 1, 8-21-2013)

The provision of this article shall not apply to:

(1)

Bona fide farm operations or other properties that have pastures used for grazing livestock, which are covered under the Florida Right to Farm Act, F.S. § 823.14.

(2)

Any lands used for bona fide scientific research, including but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics or horticulture.

(Ord. No. 2013-08, § 1, 8-21-2013)

(a)

Effective January 1, 2014, all commercial applicators applying fertilizer within the municipal boundary of the city shall provide evidence of successfully completion of the training in the requirements of the "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida IFAS "Florida-Friendly Landscapes" program, or an approved equivalent program, prior to obtaining or renewing a certificate of use and/or obtaining a business tax receipt for any category of occupation which may apply any fertilizer to turf and/or landscape plants.

(b)

Effective January 1, 2014, all commercial applicators applying fertilizer within the municipal boundary of the city shall have, and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a commercial fertilizer applicator per rule 5E-14.117(18), Florida Administrative Code.

(Ord. No. 2013-08, § 1, 8-21-2013)

Effective January 1, 2014, all institutional applicators which apply, or cause to be applied, fertilizer on the institutional applicator's property within the municipal boundary of the city shall provide evidence that at least one employee of the institutional applicator has successfully completed the "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida or Broward County Cooperative Extension Service "Florida-Friendly Landscapes" program, or an approved equivalent program, prior to obtaining or renewing a certificate of use and/or obtaining a business tax receipt.

(Ord. No. 2013-08, § 1, 8-21-2013)

The provision of this article shall be enforced by:

(1)

The city special magistrate pursuant to the authority granted by F.S. § 162.01, as may be amended and article 10 of the unified land development code, as may be amended.

(2)

The city through its authority to enjoin and restrain any person violating the Unified Land Development Code, or the city through the prosecution of violations in the name of the state pursuant to the authority granted by F.S. § 125.69, as may be amended. The Code enforcement official may pursue any other enforcement remedies available to and applicable to the city.

(Ord. No. 2013-08, § 1, 8-21-2013; Ord. No. 2022-005, § 3, 3-2-2022)

(a)

Failure to comply with the requirements of this article shall constitute a violation and shall be punishable by a fine not to exceed $250.00 per incident for the violation or a fine not to exceed $500.00 per incident for a repeat violation, and, in addition, may include all costs of repairs and remediation including administrative costs. Each new day the violation exists it is considered a separate incident.

(b)

In determining the amount of fines that should be imposed, the special master shall consider the following factors:

(1)

The gravity of the violation.

(2)

Any actions taken by the violator to correct the violation.

(3)

Any previous violations committed by the violator. If the special master finds the violation is irreparable or irreversible in nature, a fine not to be exceed $15,000.00 per violation may be imposed.

(c)

Funds generated by penalties imposed under this article shall be used by the city for the administration and enforcement of F.S. § 403.9337, and corresponding sections of this article, and to further water conservation and nonpoint pollution prevention activities.

(Ord. No. 2013-08, § 1, 8-21-2013)

It shall be the duty of the city manager to investigate property, structures or premises within the city, from time to time, and to make a written report to the city commission of any property, structures or premises found to be unsafe, unsanitary or dangerous to the public sanitation, health, welfare or safety from the lack of clearing, cleaning, filling, drainage or otherwise, together with his recommendations.

(Code 1980, § 13-20)

Cross reference— Minimum property maintenance and occupancy code, ch. 14.

(a)

Upon the approval by the city commission of any report of the city manager that any property, structure or premises within the city is in such a condition from the lack of clearing, cleaning, filling, drainage or otherwise, so as to be unsafe, unsanitary or dangerous to public sanitation, health, safety or welfare, the city clerk shall give written notice to the owner of each parcel of property involved. Such notice shall inform such owner that unless each property, structure or premises within the city which is in an unsafe, unsanitary and dangerous condition resulting from lack of clearing, cleaning, filling, drainage or otherwise are placed in a safe and sanitary condition, the city will take such steps as may be necessary to place such property, structure or premises in a safe, sanitary and healthful condition and assess all costs, fees and expenses of such steps against such property, structure or premises as may be placed in a safe, sanitary and healthful condition by the city.

(b)

Each owner of any such property shall have the right to appear before the city commission at a public hearing called for that purpose, and show cause, if he has any, why the property involved should not be subject to the provisions of this article. The written notice provided for in this section shall also state the time and place fixed for the public hearing.

(Code 1980, § 13-21)

If after public hearing required in section 13-32 the city commission shall determine that the property involved shall be subject to the provisions of this article, and if such property, structure or premises is not placed in a safe, sanitary and healthful condition by the owner of such as required by the notice under the provisions of section 13-32, the city, at the direction of the city commission, shall have the right to clear, clean, fill, drain and otherwise place such property, structure or premises in a safe, sanitary and healthful condition; and the cost of such work shall be assessed against such property, structure or premises and shall immediately become a lien against the property, structure or premises prior to all other liens except taxes and liens of equal dignity with assessments made for other municipal improvements. Such lien may be enforced in accordance with the general laws of the state applicable to cities generally or in accordance with the provisions of the city's Charter.

(Code 1980, § 13-22)

The notice required by section 13-32 shall direct the owner involved to commence within 30 days after date of such notice and thereafter complete with due diligence such clearing, cleaning, filling, drainage or other work, or to show cause why such property is not subject to the provisions of sections 13-32—13-35 at a public hearing before the city commission to be held at the time and place stated in the notice. Such notice shall be mailed by registered mail to the address of each such owner, if the address is known to or by reasonable diligence can be obtained by the city clerk; if the address is unknown or cannot be obtained by reasonable diligence or if such notice is returned unclaimed, a copy of such notice, directed to the owner, shall be published in a newspaper of general circulation in the city once each week for two consecutive weeks (two publications being sufficient), directing the owner to commence within 30 days after the last publication of such notice and thereafter complete with due diligence such clearing, cleaning, filling, drainage and other work.

(Code 1980, § 13-23)

The sum assessed under the provisions of section 13-34 shall become due and payable on November 1 next succeeding the completion of such work; shall be entitled to discounts in the same manner and to the same extent as city taxes; shall become delinquent on April 1 next succeeding the due date; shall thereafter be subject to penalties and interest to which city taxes are subject; and the collection may be enforced in the same manner as liens for other municipal improvements may be enforced.

(Code 1980, § 13-24)

(a)

It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, wastepaper products, discarded building materials, any unused abandoned vehicle, or abandoned vehicle parts, machinery or machinery parts, or other waste materials to be in or upon any yard, garden, lawn, outbuilding or premises in the city. Any business enterprise must obtain a special license or permit to store or stock any such items of this nature, the license or permit to show the items to be stored.

(b)

It shall be unlawful to permit any accumulation of any such waste materials to be in or upon any yard, lawn, garden, outbuilding or premises in the city if the accumulation constitutes a fire hazard, a hazard to the safety of persons or property, or an unsanitary condition.

(Code 1980, § 13-25; Ord. No. 2022-021, § 1, 6-15-2022)

(a)

The owner, lessee or person in charge or control of any real property within the city shall keep such property free from any accumulation of trash, weeds, filth, noxious plants, rubbish and debris.

(b)

The owner, lessee or person in charge or control of any real property, vacant or improved, within the city shall cut down and remove all weeds, grass and undergrowth on such property when weeds, grass and undergrowth exceed a height of 18 inches on vacant property or a height of six inches on improved, occupied property.

(c)

Upon notification that a condition exists that is in violation of subsection (a) or (b) of this section, the city shall notify the owner, lessee or person in charge or control of the property that a violation exists and must be corrected within ten days. Failure to comply with the ten-day notice shall constitute a violation of this section and may be punished as provided by law.

(d)

(1)

The notice required by subsection (c) of this section shall be accomplished by mailing or otherwise delivering a notice of violation to the owner, lessee or person in charge or control of the property at that person's last known address. The notice shall state the date by which compliance with the terms of this section is required, and the name and telephone number of the director serving the notice.

(2)

If no owner, lessee or person in charge or control of the property can be located, the required notice may be given by conspicuously posting the subject property with a notice setting out the date of posting, the date of required compliance, and the name and telephone number of the director who caused such notice to be posted.

(e)

If the owner, lessee or person in charge or control shall fail to comply with the notice required in subsection (c) of this section, the city may cause such cutting and/or removal to be done and charge the cost of doing the work against the property involved. The charges shall be calculated on a square footage basis, and either city staff or the contractor may accomplish the work in accordance with the following procedure:

(1)

The director shall contact the city staff and identify the property to be cut to determine whether or not the city can do the job. If the city cannot accomplish the task, the vendor/contractor will be contacted and notified of the property to be cut and/or cleaned and cut.

(2)

Upon completion of the task, the city staff or the vendor shall submit a bill, based on square footage of the property, for services performed to the appropriate director.

(3)

The director, upon receipt of the bill or statement, shall make a personal inspection of the property to determine if the work had been performed.

(4)

The director shall then forward the bill or statement to the finance department for payment.

(5)

If the vendor is used, the finance department will pay the vendor's bill and will prepare and send an invoice to the property owner. The invoice prepared by the finance department shall be based on the amount of the vendor's bill, plus a $125.00 administrative charge added to cover the city's overhead expenses. If city forces are used, the invoice prepared by the finance department shall be based on a charge equal to the rate charged by the private vendor for comparable work on a comparable lot, plus a $125.00 administrative charge added to cover the city's overhead expenses.

(6)

Charges for cutting and/or removal, plus the administrative charges, shall be a lien upon such real property and whenever a bill for such charges remains unpaid by the owner, lessee or person in charge or control of the property for 60 days after it has been rendered, the finance director shall file with the clerk of the circuit court for the county a claim of lien statement. An interest rate of ten percent per annum, compounded annually, will be imposed upon all unpaid charges from the date of the recording of the lien. This claim of lien statement shall contain a legal description of the premises, the expenses and costs incurred, the date of such expenses, and a notice that the city claims a lien for this amount. A copy of the claim shall be mailed to the owner of the property if his address is available.

(7)

If the lien for unpaid charges incurred pursuant to this section is not paid in full, the lien may be foreclosed by the city in the same manner as provided by law for the foreclosure of mortgages upon real estate. The city shall in such case be entitled to recover a reasonable attorney's fee.

(Code 1980, § 13-26)

F.S. § 705.101, which pertains to abandoned property, and which provides a procedure for removal and destruction of such property, is adopted by reference as a part of this Code.

(Code 1980, § 13-27)

It shall be unlawful to store automobile tires within the city, outside of a building, unless they are in a covered enclosure, shielded from rainwater and kept in a sanitary and orderly manner.

(Code 1980, § 13-29)

(a)

It shall be unlawful for any person to place or permit to be placed any abandoned, wrecked or dismantled motor vehicle or parts upon any of the public streets, highways, parks, parkways, alleys, public grounds, swales or rights-of-way of the city.

(b)

If the vehicle or vehicle part is not moved within 48 hours after notification is posted, the city shall cause the removal of such vehicle or vehicle part at the owner's risk and expense in accordance with section 28-8.

(c)

The provisions of this section shall be enforceable 24 hours per day, seven days per week, including holidays.

(Code 1980, § 13-30; Ord. No. 2023-007, § 2, 5-17-2023)

Cross reference— Streets, sidewalks and other public ways, ch. 25; traffic and motor vehicles, and boats, ch. 28.

(a)

Except in connection with such permitted uses as service stations, automobile repair shops and towing service storage facilities, it shall be unlawful to park or store any wrecked or junked motor vehicle, motor vehicle without wheels and tires mounted, or motor vehicle not in a movable condition, unless such vehicle is within a completely enclosed building.

(b)

In any prosecution or action under this section, the parking or storage of a motor vehicle without a currently valid license tag registered and affixed to the vehicle shall be prima facie evidence that the vehicle is not in a movable condition.

(Code 1980, § 13-31)

Cross reference— Traffic and motor vehicles, and boats, ch. 28.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Float means anything that stays or causes something else to stay on the surface of the water, including rafts, floats, davits, docks and buoyant combinations.

Owner means the record owner of a vessel, float, dock or adjacent property, and any person in possession or control, or entitled to possession or control, of the property in violation.

Public waters means rivers, streams, lakes, navigable waters and associated tributaries, canals, and any bodies of water that are accessible to the public or surrounding property owners.

Vessel means any boat, watercraft, pleasure craft or device employed in the water.

(b)

Abandonment of vessels prohibited.

(1)

It is unlawful for any person to place, dump or abandon or cause to be placed, dumped or abandoned in the public waters of the city any vessel or float, or portion in a wrecked, derelict, junked or substantially dismantled condition without the consent of the governmental entity having jurisdiction.

(2)

It is unlawful for any person to store or leave any vessel or float of any kind in a wrecked, derelict, junked, substantially dismantled or submerged condition, or abandoned upon or in any public waterway within the jurisdiction of the city.

(3)

It is unlawful for any person to moor, place, leave or tie up in any waterway within the city any vessel, float or watercraft of any kind which is found to be of unsightly appearance or in badly deteriorated condition, or which is likely to cause damage to private or public property, or which may be a menace to navigation, or which poses a threat to the environment; except that such boat, vessel or watercraft may moor at licensed marine facilities for the purpose of repair.

(c)

Enforcement.

(1)

If any vessel or float shall be found in violation of this section, the owner of the vessel or float and the owner of the adjacent property shall, upon notice, cause the immediate removal of the vessel or float for the purposes of repair or disposal.

(2)

It shall be a defense to this section for any owner of adjacent property to show that the vessel or float came to be on or adjacent to his property without his consent or without his knowledge.

(3)

If any vessel or float shall be declared in violation of this section, the city shall have the immediate right to have the vessel removed and impounded or destroyed. All costs for towing and storage will be assessed to the owner.

(4)

If the vessel or float is of unsightly appearance, badly deteriorated, whether afloat or sunken, and poses no hazard to navigation, and is no threat to the environment, the city through its agents shall notify the owner or authorized person in writing and shall also post a notice, if practicable, upon the vessel or float and give the owner or authorized person a 15-day period to correct the violation. If the violation is not corrected within 30 days, the city shall have the right to have the vessel removed and impounded.

(5)

If any vessel or float is towed or impounded due to violation of this section and if after 90 days, is unclaimed, it will be sold with the proceeds paying for charges incurred and the remainder shall be held for a period of 90 days to be claimed by the rightful owner and thereafter forfeited to the city if not claimed. Failure to act on the part of the owner waives all liability on the part of the city from any damage resulting from towing and storage.

(6)

Storage fees may be assessed by the city if the storage facility is a city garage or docking facility, or if active storage fees are incurred.

(7)

All costs incurred by the city shall be a lien on the property as provided in section 10-65.

(d)

Other means of abatement.

(1)

The city, upon determining that a vessel has been abandoned in the public waters and that such vessel is not a derelict vessel, may remove such vessel pursuant to the procedures set forth in F.S. ch. 705, "Lost or Abandoned Property." As set forth in F.S. § 705.103, the rightful owner of such vessel shall be liable for the costs of removal of the abandoned vessel.

(2)

In addition, the city may invoke any remedy provided by state statute or rule, county ordinance, or by general law. This section shall be in addition to and supplemental to such other laws and regulations.

(e)

Jurisdiction. This section may be enforced by the special magistrate of the city, by civil citation, or in any court having jurisdiction.

(Code 1980, § 13-32; Ord. No. 2022-005, § 2, 3-2-2022)

Cross reference— Traffic and motor vehicles, and boats, ch. 28.

It shall be unlawful for any person or business to discard or abandon any of the waste materials listed in subsection 13-36(a) upon premises not owned or occupied by such person or business with or without the consent of the owner or the person occupying the premises.

(1)

Any code enforcement action taken under this section shall not preclude criminal prosecution of the violator pursuant to section 1-8 of this Code.

(2)

Any business found in violation of this section may result in revocation of certificate of use issuance pursuant to section 32-19 of this Code.

(3)

Any residential rental property cited three times in a 12-month period may result in revocation of certificate of use issuance pursuant to subsection 32-19(d) of this Code.

(4)

A violation of this section when cited as a civil citation shall be cited as a class IV violation.

(Ord. No. 2022-021, § 2, 6-15-2022)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Litter means all garbage, rubbish, garden trash and all waste materials, including but not limited to bottles, glass, cans, scrap metal, junk, paper, disposable packages or containers and all other similar materials, and further including any substance of any kind or nature whatsoever that creates a public health, safety or fire hazard or a public nuisance.

Public way means any street, road, alley, boardwalk, lane, trail, water, or other public way where the public has the right to travel or which is open to the use of the public, and any public park, square, beach, park and any recreational facilities operated by the city, state, county or federal government or special governmental districts.

(Code 1980, § 13-33)

Cross reference— Definitions generally, § 1-2.

A person commits the violation of offensive littering if he creates an objectionable stench or degrades the beauty and appearance of property or detracts from the natural cleanliness or safety of property by:

(1)

Discharging or depositing, or causing to be discarded or deposited, any litter upon the property of another or upon public property or upon any public way except in the manner permitted by law.

(2)

Permitting any litter to be so discarded or deposited from any boat or vehicle of which he is the registered owner or operator; however, this subsection shall not apply to a person owning or operating a vehicle transporting passengers for hire subject to regulation by any governmental entity, or any public school bus transporting children to and from the public schools.

(Code 1980, § 13-34)

State Law reference— Florida Litter Law, F.S. § 403.413 et seq.

(a)

The proprietors of all privately owned establishments which serve the public, including but not limited to drive-in restaurants, retail shopping centers, grocery stores, convenience stores, gasoline service stations, commercial parking lots, campgrounds, trailer parks and all other such establishments shall be required to place litter receptacles of a size and nature suitable to the city and bearing in large print the label "TRASH."

(b)

The nature of such receptacles, their size, composition, number and place of location shall be determined by the city, based on the size, location and circumstances of the establishment and the need for such litter receptacles caused by the nature and type of business and customers of such establishments.

(c)

Proprietors shall be responsible for the removal of litter from such litter receptacles when necessary.

(d)

Proprietors shall, within 30 days of notification by the city of the required information with reference to such litter receptacles, comply with the terms of this section.

(Code 1980, § 13-35)

Any litter discarded or deposited in violation of this division which can be established to have been in the possession or ownership of any person shall be presumed to have been discarded or deposited by such person. This presumption may be rebutted by competent evidence or testimony establishing that such item of litter had left the ownership or possession of such person prior to being deposited or discarded in violation of this division. Convictions obtained under this section shall not be eligible for the reward provisions, if any, of this division.

(Code 1980, § 13-36)

(a)

The owner, lessee or person in charge or control of any private property shall at all times maintain the premises and any adjacent unpaved public right-of-way or any paved right-of-way that is not part of the main-traveled roadway and sidewalks free of litter.

(b)

The owner, lessee or person in charge or control of any private establishment shall have the responsibility of conducting an inspection of the premises each business day to determine that the premises are being maintained as required by this section.

(c)

The presence of litter on the premises of any private establishment, and any adjacent unpaved public right-of-way or any paved right-of-way that is not part of the main-traveled roadway and sidewalks, on any business day, shall subject the person in charge or control of that private establishment to the issuance of a notice of violation of this section for which the owner, lessee or person in charge or control of the premises shall be held responsible. If after three notices of violation have been issued concerning the required inspection or maintenance within any one calendar month, any subsequent violation of this provision shall result in immediate prosecution in county court without any further required notice of violation.

(Code 1980, § 13-36.1)

Any person violating the provisions of this division shall be punished as prescribed in section 1-8.