ORDINANCE 10-151
AN ORDINANCE PROHIBITING THE ACCUMULATION AND/OR STORAGE OF LOOSE LIMBS, BRANCHES AND OTHER SUCH YARD WASTE IN FRONT SET BACK AREAS OF RESIDENTIALLY ZONED PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF LAKELAND


WHEREAS, it is the opinion of the Board of Commissioners of the City of Lakeland that it has become necessary in the public interest to regulate the accumulation and/or storage of loose limbs, branches and other such yard waste in front setback areas of residentially zoned property within the city limits of the City of Lakeland so as to promote the health, safety and public welfare of the community; and

WHEREAS, the City of Lakeland has provided for solid waste disposal and disposal of loose limbs, branches and other such yard waste in waste carts throughout the City of Lakeland for a monthly disposal fee; and

WHEREAS, certain residents on certain occasions may wish to dispose of yard waste consisting of loose limbs, branches and other such yard waste without placing said materials in yard waste carts; and

WHEREAS, disposal of loose limbs, branches and other such yard waste, when not placed within a yard waste cart, is not provided for as a part of the City’s waste disposal program and the disposal of such items is therefore the responsibility of the property owner or resident seeking to dispose of loose limbs, branches and other such yard waste; and

WHEREAS, the accumulation and/or storage of loose limbs, branches and other such yard waste in the front setback area of residentially zoned property for periods of time exceeding seven (7) days can promote a favorable habitat for various vectors, nuisance animals and also adversely impact surface water drainage and quality, and as such, constitutes a public nuisance; and

WHEREAS, this Ordinance is an ordinance enacted in the interests of public safety and welfare pursuant to T.C.A. § 6-202 and the general police powers of the City of Lakeland;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF LAKELAND, TENNESSEE AS FOLLOWS:

1. It shall be unlawful for any property owner or resident to accumulate and/or store loose limbs, branches, and other such yard waste in front setback areas of residentially zoned property within the city limits of the City of Lakeland for periods of time exceeding seven (7) days.
2. Any parcel zoned AG (Agricultural) shall be exempt from the requirements of this Ordinance if the parcel is being employed primarily for the purpose of providing agricultural services, including, but not limited to forestry, cultivating or producing crops, and raising livestock. AG (Agricultural) zoned parcels which are employed primarily for a non-agricultural use shall comply with this Ordinance.




3. The provisions of this Ordinance may be waived in writing by the City Manager in the event of severe storms or other acts of God whereby loose limbs, branches and other such yard waste may be generated in such quantities that timely disposal is practically inhibited.
4. The provisions of this Ordinance are severable. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.
5. Any person, firm or corporation violating any provision of this Ordinance shall be fined not less than fifty dollars ($50.00) for each offense, and a separate and continuing offense shall be deemed committed for each day said violation continues.
6. This Ordinance shall take effect fifteen (15) days after its final passage and publication, the public welfare requiring it.


First Reading: July 01, 2010.
Public Hearing: July 27, 2010.
Final Reading: August 05, 2010.





J. Scott Carmichael, Mayor

ATTEST:




Sontidra L. Thomas, CMC
City Recorder