Loading...
HomeMy WebLinkAboutOrdinance 89-20 ORDINANCE NO. 89-20 . AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, RELATING TO CURBSIDE COLLECTION OF RECYCLABLE MATERIALS; AMENDING SECTION 11-1 OF THE CODE; ADOPTING NEW SECTIONS 11-9 THROUGH 11-12 OF THE CODE; DEFINING RECYCLABLE MATERIALS, RECYCLING, AND RECOVERED MATERIALS; ESTABLISHING THE CITY OR ITS DESIGNEE AS EXCLUSIVE COLLECTOR OF RECYCLABLES; ESTABLISHING THE DIRECTOR OF PUBLIC WORKS AS SUPERVISOR OF COLLECTIONS; PROVIDING RIGHT OF APPEALS; PROVIDING DIRECTIONS REGARDING PREPARATION, UNAUTHORIZED ACCUMULATION, STORING, SCATTERING, COLLECTION, COLLECTION FREQUENCY, OWNERSHIP AND RESPONSIBILITY; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: SECTION 1. Short Title and Authority A. This Ordinance shall be known and may be cited as the "Municipal Solid Waste Manaaement and Recvclina Ordinance of the City of Ocoee, Florida." B. 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 Chapters 163 and 166, Florida Statutes. SECTION 2. The present Section 11-1 of Chapter 11 Code of Ordinances of the City of Ocoee, Florida, is amended to read as follows: of the hereby Sec.11-1. Definitions. For the purposes of this chapter the following words shall have the meanings indicated unless their context clearly requires otherwise: Garbage shall mean all kitchen or table refuse, swill, trash or refuse material of every kind which contains any or vegetable matter tending to rapid decay or putrefaction, such matter which has decayed or putrefied. offal, animal or any . 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 business, and all building material waste resulting from erecting, removing, repairing or razing buildings; 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 indusrial establishment not intended for use or sale. The phrase reasonable quantity shall mean a quantity not exceeding two hundred (200) cubic feet. Recovered materials shall mean those materials which have known recvclina potential, ~ be feasiblY recycled and have been diverted ~ removed from the solid waste stream for sale, use, ~ reuse, Qy separation, collection ~ processina. -1- Recyclable material shall ~ those materials capable of beina recycled and which would otherwise be or disposed of ~ solid waste. which ~ processed Recyclina shall ~ any process Qy which solid waste, or materials which would otherwise become solid waste, ~ collected, separated, ~ processed and reused ~ returned to use in the form of ~ materials ~ products. . Refuse shall mean any combustible trash, paper, rags, pasteboard boxes, berry boxes, whole or broken bottles, and all other trash or discarded materials not containing vegetable or animal matter tending to rapid decay or putrefaction. SECTION 3. The following Sections 11-9 through Chapter 11 of the Code of Ordinances of the City Florida, are hereby created to read as follows: 11-12 of of Ocoee, Sec. 11-9 Collection only by City; exceptions. All refuse and recyclable material accumulated in the City shall be collected, conveyed, and disposed of by the City or its designated agents, licensees, franchisees or contract representatives. No other person shall collect, convey over any of the streets or alleys of the City or dispose of any refuse accumulated in the City except as follows: (a) Industrial waste. This article shall not prohibit the producers of industrial waste, or the owner or premises upon which industrial waste has accumulated, from personally collecting, conveying, and disposing of industrial waste if such service is not provided by the City. (b) Exception for outside collectors. This article shall not prohibit collectors of refuse which has been collected outside the City limits from hauling such refuse over City streets; provided such collectors comply with the provisions of this article and with any other governing law or ordinance of the City. Sec. 11-10 Director of Public Works named supervisor; right of appeal from regulations Director of Public Works will supervise collection and make recommendations to the City Commission concerning collection. . (a) All refuse and recyclable material accumulated in the City shall be collected, conveyed and disposed of by the City under the supervision of the Director of Public Works, except as otherwise provided within this Chapter. The director shall have the authority to make recommendations concerning the days of collection, type and location of waste and recyclable material containers and such other matters pertaining to the collection, conveyance and disposal as he shall find necessary and to change and modify the same after notice published in a newspaper of general circulation at least ten (10) days in advance of the effective date of such change or modification, said notice shall indicate that persons aggrieved shall have the right of appeal to City Commission, as provided in Subsection (b) hereof, provided that such regulations or modifications are not contrary to the provisions of this Chapter. (b) Appeals. Any person aggrieved by a regulation of, or fee charged by the Director shall have the right of appeal to the City Commission, which shall have the authority to confirm, modify or revoke any such regulation or fee. -2- Sec. 11-11 Preparation of recyclable material for collection. (a) Identification of recyc1ab1es to be collected. The following materials are considered recyclable and suitable for curbside collection: all aluminum material (including cans, pipes, siding, etc.); three (3) classifications of glass (brown, green and white); paper goods (including newspaper, computer paper, but not magazines); plastics (such as two-litre soft drink containers) . (b) Storing of refuse/recyclable material. No person shall place any refuse or recyclable material in any street, alley or other public place or upon any private property, whether owned by such person or not, within the City, except it be in proper containers for collection, or in metal or plastic type containers or other type containers under express approval granted by the Director. Nor shall any person throw or deposit any refuse or recyclable material in any lake, stream, or other body of water. (c) Unauthorized accumulation. Any unauthorized accumulation of refuse or recyclable material on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of refuse or recyclable material within such period as may be fixed in a written or printed notice of the Director posted on the premises or delivered to the owner or occupant of the premises shall be deemed a violation of this article. (d) Scattering of refuse/recyclable material. No person shall cast, place, sweep or deposit anywhere within the City any refuse or recyclable material upon any street, sidewalk, alley, sewer, parkway or other public place or into any occupied premises within the City, or in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place or into any occupied premises within the City. (e) Collection of recyclable material. Those residents who voluntarily participate in the recycling program established hereby shall separate recyclable material from other garbage or rubbish and place the recyclable material in the plastic containers provided by the City of Ocoee. However, if the recyclable material is too numerous to fit into the plastic containers furnished by the City, then the recyclable material may be stacked and bound with a non-meta1ic substance (e.g., rope, string or plastic), or placed in a large brown paper bag. All recyclable material being placed in approved containers provided by the City of Ocoee shall have been drained of all free liquids before being placed curbside for collection by the City. The containers shall be placed at the street curb or curb1ine for collection according to a schedule to be determined by the Department of Public Works, and the weight of each container shall not exceed forty (40) pounds in weight. (f) Collection frequency. Recyclable materials accumulated by residences shall be collected at least once each week and otherwise as may be deemed necessary by the Director. . (g) Ownership of recyclable materials. All recyclable material shall be separated from non-recyclable material and placed in the plastic containers furnished by the City. From the time of placement at the curb by any resident of recyclable material for collection by the City of Ocoee pursuant to the program established hereby and the rules and regulations issued hereunder, such materials shall become and be the property of the City of Ocoee. Furthermore, it shall be a violation of this ordinance for any person (other than authorized personnel of the City of Ocoee) to collect, pick up, or cause to be collected or picked up, any such recyclable material. -3- .., (h) Responsibility of Owner/Occupant. No person having custody or control of residential, industrial or business premises from which recyclable materials are collected within the City of Ocoee shall permit or cause recyclable materials within his control, to become a hazard to public travel, health, or safety, or to become a nuisance of any sort. Sec. 11-12 Penalty (a) Any person who violates any of the provisions ordinance shall, upon conviction, be punished by a exceeding two-hundred-fifty dollars ($250.00) and/or a term of imprisonment not exceeding thirty (30) days. of this fine not definite . (b) Each day any violaton of any provision of this ordinance shall continue shall constitute a separate offense. (c) In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense. SECTION 4. 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 provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. This Ordinance shall take effect immediately upon passage and adoption by the City of Ocoee City Commission. Passed and adopted this fr~ day of A-IA DU." T 1989. Approved: City of Ocoee, Florida ~2.L Thomas R. Ison, Mayor Attest: Advertised .l~ "cu T :). First Reading 7+ ~~",... I Second Reading and Adoption A-LtdLl.tc.r lr ,1989 ,1989 ,1989 . For use and reliance only by the City of Ocoee. Approved as to f~~ and legaJ,..i ty, this-1. - day of A\J~J>t , 1989. Foley & Lardner, van den Berg, Gay ~~ )Jilso~ I~Arkin By: Det. ,~ City Attorney -4-