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HomeMy WebLinkAboutOrd. 91-29 ORDINANCE NO. 91-29 . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE COLLECTION OF GARBAGE, YARD TRASH AND RECYCLABLE MATERIALS; AMENDING SECTION 11, CHAPTER 11 OF THE OCOEE CODE OF ORDINANCES; PROVIDING FOR DEFINITIONS; REQUIRING SPECIFIED CONTAINERS; SETTING FORTH REQUIREMENTS FOR THE USE AND PLACEMENT OF CONTAINERS; REQUIRING THE SORTING OF WASTE BY TYPE; PROHIBITING ACCUMULATIONS AND DEPOSITS; PROVIDING REQUIREMENTS FOR THE REMOVAL OF GARBAGE; AUTHORIZING THE SETTING OF COLLECTION FEES BY RESOLUTION; ESTABLISHING COLLECTION SCHEDULES FOR CITY COLLECTION OF GARBAGE, YARD TRASH AND RECYCLABLE MATERIALS; PROVIDING FOR TIME OF PLACEMENT OF CONTAINERS FOR COLLECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the state of Florida and Chapter 166, Florida statutes. SECTION 2. section 11-1 of Chapter 11 of the Code of Ordinances of the city of Ocoee, Florida, is hereby amended to read as follows: Sec. 11-1. Definitions. For the purposes of this chapter the following words shall have the meanings indicated unless their context clearly requires otherwise: "Carbage" ohallmean all kitchen or table refuoe, owill, offal, traoh or refuoe material of every lcind which containo any animal or vegetable matter tending to rapid decay or putrefaction, or any matter \;hich hao decayed or putref ied. . "Industrial waste" shall mean all waste material, empty boxes or barrels, garbage and refuse of every description which shall originate, be kept, held or collected at business houses or places of husiness, and all building material waote reoulting from erecting, removing, repairing or razing buildingD; all waste material from printing offices, office buildings, hotels, restaurants or boarding houses; offal and floor sweepings from stockyards, livery, feed or sale stables; offal and floor sweepings from poultry houses and meat markets; ashes from steam boilers; or other trash or matter originating in a business or industrial establishment not intended for use or sale. The phraoe "reaoonable quantity" ohall mean a quantity not exceeding two hundred (200) cubic feet. "Recovered materials" shall mean those materials which have known recycling potential, can be feasibly recycled and have been diverted or removed from the solid waste stream for sale, use, or reuse, by separation, collection or processing. "Recyclable material" shall mean those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. "Recycling" shall mean any process by which solid waste, or materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form or raw materials or products. "Refuse" shall mean any combustible trash, paper, rags, pasteboard boxes, berry boxes, whole or broken bottles, and all other trash or discharged materials not containing vegetable or animal matter tending to rapid decay or putrefaction. . "Construction and Demolition Debris" means materials generallv considered to be not water soluble and non-hazardous in nature. includinq but not limited to steel. qlass. brick. concrete. asphalt roofinq material. pipe. carpet and carpet pads. tile. qvpsum wallboard. and lumber. from the construction or destruction of a structure as part of a construction or demolition project or from the renovation or maintenance of a structure. The term includes rocks. soils. tree remains. trees. and other veqetative matter which normallY results from land clearinq or land development operations for a construction pro; ect. Mixinq of construction and demolition debris with other types of solid waste. includinq material which is not from the actual construction or destruction of structure. will cause it to be classified as other than construction and demolition debris. "Garbage" means all kitchen and table food waste. animal or veqetative waste that is attendant with or results from the storaqe. preparation. cookinq or handlinq of food materials: and all trash. refuse. and waste not otherwise classified in this section. "Residential Waste" means a mixture of qarbage and trash resultinq from the normal housekeepinq activities of a residential unit. "Solid Waste" shall mean qarbaqe. refuse. yard trash. clean debris. white qoods. construction and demolition debris. special waste. ashes. sludge or other discarded material including solid. liquid. semi-solid. or contained gaseous material resultinq from domestic. industrial. commercial. aqricultural or qovernmental operations. "Special Wastes" means solid wastes that can require special handlinq and manaqement. includinq but not limited to the followinq wastes as defined bv Florida Administrative Code Rule 17- 701.020: white qoods. ~lholc tires. used oil. mattresses. furniture. lead-acid batteries. hazardous wastes and bioloqical wastes. SECTION 3. section 11-2 of Chapter 11 of the Code of Ordinances of the City of Ocoee is hereby amended to read as . follows: Sec. 11-2. containers-Required. (a) Every housekeeper, sto~e keepe~, occupant or owner of premises having, keeping or offering for collection any garbage residential waste refuse shall provide for that purpose one or more water-tight plastic or metal receptacles having proper handles and a tight-fitting cover of a capacity of thirty (30) gallons of a type approved by the Danitary solid waste department. - 2 - Cb) All residents. occupants or owners of residential premises in the City shall place all yard trash in lawn baqs. Yard trash which does not fit into lawn baqs shall be collected throuqh special arrangement with the city as set forth in section 11-7. or by a private hauler. (c) Recyclable materials shall be placed in such containers as specified in section 11-11. Cd) Commercial customers shall place all waste in containers specified by the city's franchise pursuant to the commercial franchise agreement approved bY the city. SECTION 4. section 11-3 of Chapter 11 of the Code of ~ Ordinances is amended to read as follows: Sec. 11-3. Same-Placement. All garbage receptacles, lawn baqs receptacles shall be placed at the rear as near right-of-way of the premises as practicable or designated by the ounitary solid waste department. or recyclinq the street or in a location SECTION s. section 11-4 of Chapter 11 of the Code of Ordinances is amended to read as follows: Sec. 11-4. sorting of ind~ct~ial waste required. Industrial waste shall be sorted, held, kept, collected, and removed by the owner thereof, or by the owner of the premises, subject to the regulations of the health officer, and in a manner approved by the oanitury solid waste department. All persons offerinq waste materials for collection within the city shall seqreqate their waste into the followinq cateqories - qarbaqe. yard trash. and recyclable materials. No person shall place yard trash. special wastes. hazardous wastes. or construction and demolition debris into containers used for garbaqe collection. No person shall place any material other than yard trash into lawn baqs for collection as yard trash. SECTION 6. section 11-5 of Chapter 11 of the Code of Ordinances is amended to read as follows: section 11-5. exceptions. Prohibi ted accumulations and deposits; ~ (a) It shall be unlawful for any person to place or deposit or cause to be placed or deposited upon any of the streets, gutters, sidewalks, parkways, thoroughfares, public parks or other public places of the city any tree trunks or limbs, lawn trimmings, any trash, debris, papers, handbills, litter, or rubbish or ashes or sweepings of trash or other discarded matter of whatever kind, except as hereinafter specifically provided. (b) Garbaqe. yard trash. and recyclable material containers may be placed for collection in an easily accessible location as near the street riqht-of-way as practicable. on the property of the owner or tenant or on the parkway immediatelY in front of and contiquous to his ~roperty. Construction and demolition debris. special wastes. and hazardous wastes shall be placed in proper containers on the property for collection bY private haulers and shall not be placed in the parkway. Yard trash which exceeds the amount which is collected bY the - 3 - city may be olaced in the oarkway orovided that arranaements have been made for its promot collection. Any ml1eepings, leaveD, debrio and traoh reoulting from ordinary tr imming, care and upJ(eep of lawno, yardo, ohrubo, treeo and hedgeD may be depooited for collection in an eaoily acceooible location ao near the otreet right of \lay ao practicable, on thc ~roperty af the owner, tenant or peroon in poooeooion thereof or on the parJ(way immediately in front of and contiguouo to hio property. Trec trun](O and limbo reoul tinE} from ordinary trimming, care and up](eep may be depooited for collection. . rapero, rago, maga3 ineo and the 1 i](e may be depooited for collection in the placeD provided in thio ordinance pro..rided that they are oecurely tied in bundleD not cxceeding fifty (50) poundo in ~leight, or pr07ided ouch matter io otored in oturdy containero 'ibich will, in all ordinary \leather conditiono, prevent oaid matter from being ocattered about by the elemento or animals. Any or all of the matter permitted under thio paragraph io to BC placed upon par]nmyo iRllllcdiately iR front of and contiguouo to the property of othero pr07ided that the \lritten conoent of the other mmer, tenant or peroon in poooeooion of ouch property io obtained prior to the placing upon the par](way i1l\lllediately in front of and contiguouo to the property of ouch othero. Nothing herein ohall be conotrued to permit the placing of tree trun](O or limbo reoul ting from the felling or remo.y'al of large treeD or large numbero of treeo or from the clearing of loto or other areao. (c) The matter permitted to be placed in parkways under paragraph (b) above, shall be neatly placed, and wherever possible, such matter shall be placed so as to allow convenient passage of persons and conveyances lawfully in such parkways. (d) It shall be unlawful for any person to disturb or to scatter or spread about or cause to be disturbed or to scatter or to be spread about any of the matter described in paragraph (b) above. (e) For the purposes of this section, a parkway is defined as that portion of the street right-of-way paralleling any public thoroughfare between the curb line and the abutting property line. (f) It shall be unlawful for any person to permit or allow any garbaqe. waste. soecial waste. or recyclable material of the debrio, traoh or rubbioh mentioned in Section 14 of thio ordinance, to accumulate or remain upon any private property located in the city when the same is hazardous to the health or safety of any of the inhabitants of the city. . SECTION 7. Section 11-7 of Chapter 11 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to read as follows: Section 11-7. Removal of garbage, etc., by sanitation department or franchisee required. (a) (1) All residents, occupants or owners of premises in the City shall be required to have accumulations of garbage, trash and garden yard trash and recyclable materials removed and disposed of or recycled - 4 - ~ by the Ganitation solid waste department or the otreet department of the city, and for such service, or the availability of such service, shall pay the city the fees at rates established by resolution of the City Commission. . l2l The city or its desiqnee shall limit its residential collections to three 30 qallon containers per qarbaqe pickuP. three lawn baqs per yard waste pickup. and two recycle bins per recvclinq pickup. The ci tv shall collect residential garbaqe twice per week. yard trash once per week and recvclables once per week. The city may collect additional 30 qallon containers of qarbaqe from residential locations but shall collect an additional fee for each additional container. The city Commission may establish the fees for additional garbaqe containers bv resolution. ill. The city may provide for the collection of construction and demolition debris and yard trash in excess of three lawn baqs from residential locations at rates established by resolution of the City commission. Residents. occupants. or owners of premises shall arranqe for collection of residential construction and demolition debris or excess yard trash bv the City Solid Waste Department or a private hauler. ill Except as provided in paraqraph (3) above. all containers. baqs. receptacles and items left for collection which exceed the limits set forth in this section shall not be collected by the city but shall be tagqed to indicate that the item was not collectable. The resident occupant or owner of the premises who placed the waste for collection shall immediately arranqe for the prompt collection of taqqed items. The city may collect items which exceed these limits or taqqed items upon special arrangement with the customer. The city commission may establish rates for the collection of excess waste or tagqed items bv resolution. (b) Effective March 1, 1991, all commercial, industrial, and institutional premises in the City shall have all garbage afld, refuse. and construction and demolition debris collected by the City's franchisee. After March 1, 1991 it shall be a violation of this Ordinance for any person other than the franchisee of the City to collect or transport garbage er-;- refuse. or construction and demoli tion debris for hire from commercial, industrial or institutional premises in the City. SECTION 8. section 11.8 of Chapter 11 of the Code of Ordinances of the city of Ocoee is hereby amended to read as follows: . section 11-8. Collection of Garbage Solid Waste; Fees. (a) Garbage Solid Waste collection service rates shall be established by the City commission by resolution after a public hearing preceded by at least seven (7) days notice of the hearing and the proposed action by publication in a newspaper of general circulation in the City of Ocoee. The resolution may provide that the new rate be retroactive to the beginning of the billing period in which the resolution is passed. (b) Rates shall be based on two pickups per week for garbage. one pickup per week for yard trash. and one pickup per week for recyclable materials. Customers requiring more frequent service shall be charged a proportionally higher rate. - 5 - (c) Billing for garbage solid waste collection service shall be on a monthly basis. SECTION 9. Section 11-9.1 of Chapter 11 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows: 11-9.1 Time for Placement of Containers for Collection. . No person shall place oolid vaote qarbaqe containers or yard trash baqs or recyclable material containers at the street curb or curbline for collection by the City or its franchisees prior to 5:00 p.m. on the day preceding the day for collection of solid waste qarbaqe. yard trash or recyclable material according to the schedule established by the Department of Public Works, as may be modified from time to time. Such containers shall be removed from the street curb or curbline by 7: 00 p.m. on the day of collection by the city or its franchisees and shall be placed in an inconspicuous area as set forth in this Chapter. SECTION 10. severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provisions and such holding shall not affect the validity of the remaining portion hereto. SECTION 11. It is the intention of the City Commission of the city that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City; and that section of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified . copy of same with the City Clerk. SECTION 12. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. - 6 - ~ . . PASSED AND ADOPTED this /r-It day of O<!.-TfJ6€-L ATTEST: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROV~R~AS TO FO~,~ LEGALITY this ~ day of C)u' ~r , 1991 FOLEY up;; (~ City Attorney By: C:\WPSlIOOCSIOC0E\2ll8AI912619111SWOlSITKM:jlh(2) - 7 - , 1991. APPROVED: CITY OF OCOEE, FLORIDA ADVERTISED October 3. , 1991 READ FIRST TIME October 1, 1991 READ SECOND TIME AND ADOPTED Q.", ~{rlt f r , 1991 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON Ocro~ I!.- , 1991 UNDER AGENDA ITEM NO. V rl I