Ordinance 26-2016 Landscaping ORDINANCE NO. 26-2016
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT
CHAPTER 106, STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES; ARTICLE V, SIDEWALKS; SECTION
106-156, REGARDING DUTY TO MAINTAIN SIDEWALKS
AND GUTTERS CLEAN AND FREE OF DEBRIS,
ENCUMBRANCES AND OBSTRUCTIONS; PROVIDING A
DEFINITION OF DEBRIS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article V, Sidewalks, Section 106-156, provides that it shall be unlawful
for any person owning and/or occupying any lot or part of a lot in the Town to omit to keep
the abutting paved sidewalk free and clean of debris; and
WHEREAS, the word "debris" has not been defined in the ordinance; and
WHEREAS, it is important for the purposes of assuring public safety that the
definition of debris include dirt, mold, algae and other unsightly buildup, as well as any other
obstacles or objects which may be considered as an encumbrance or obstruction.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Article V, Sidewalks, Section 106-156, Duty to maintain sidewalks and
gutters clean and free of debris, encumbrances and obstructions, is hereby amended to
read as follows:
"Sec. 106-156. -Duty to maintain sidewalks and gutters clean and
free of debris, encumbrances and obstructions.
A. It shall be unlawful for any person owning and/or occupying
any lot or part of a lot in the town to omit to keep the abutting paved
sidewalk clean and free of debris and the gutters adjoining the same free
from encumbrance and obstruction. Responsibility for repair and
maintenance of sidewalks located within town rights-of-way shall be the
responsibility of the town except where damage to same is caused by the
abutting property owner, his agents or representatives.
B. For purposes of this section, debris is defined to include dirt,
mold, algae or other unsightly buildup or any object which creates an
encumbrance, obstruction or potential hazard."
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 Town of Palm Beach, 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 Town of Palm Beach.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
Ordinance No.26-2016 Page 2 of 3
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of
the Town of Palm Beach on first reading this 13th day of December, 2016, and for
second and final reading on this 10th day of January, 2017.
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Gaj� . Conigli , Mayor Mi el . Pucillo, T ouncil President
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Ri hard M. Kleid, Council President Pro Tern
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- Bo bie Lindsay, Town y unci ember
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--ATTEST: . - Da Ile H. Moore, T n Council Member
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sa�wens MC, Town Clerk Mar are
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Ordinance No.26-2016 Page 3 of 3
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