VI (A) 4. 1st Reading of Ordinances 2nd Reading & Public Hearing March 7, 1995 at 7:30pm - Ordinance No 95-07, use of garbage carts for residential solid waste collection AGENDA 2-21-95
o` Ocoeeoat � Item VI A4
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%;\\,//4? RAYMOND M. BRENNER
or coon PUBLIC WORKS DIRECTOR
560 FLEWELLWG AVE.
OCOEE,FLORIDA 34761-2303
(407)877-8420 • FAX(407)656-8504
STAFF REPORT
TO: The Honorable Mayor and Board of City Commissioners
FROM: Ray Brenner , Public Works Director
DATE: February 16 , 1995
RE: Ordinance Regarding Use of Garbage Carts for Residential
Solid Waste Collection
ISSUE:
Should the Honorable Mayor and Board of City Commissioners adopt
the attached Ordinance 95-07 , as written?
BACKGROUND AND DISCUSSION:
During the budget process you approved $168 , 000 to purchase 95
gallon garbage carts . We are in the process of implementing the
system and our present ordinance does not address cart collections .
It is my intention to have the entire city on the cart system
within the next 12 - 18 months . The first phase ( 3 , 700 carts)
will be delivered the week of March 27th and collections will begin
Monday , April 3rd .
The carts are equipped with wheels for handling ease , with a non-
removable hinged lid suited for automatic dumping . The design of
these carts is not intended to accept loading in excess of 300
pounds. The carts are intended for household garbage only.
Approximately a year ago a state law was implemented , prohibiting
mixing of household garbage and yard waste .
Solid waste offered for collection , not in the cart, will be
collected ; however charges to the homeowner will be incurred . The
collection schedule will remain the same, with collections of the
garbage carts twice weekly, yard trash once a week, and recycling
once per week .
OCOEE IS A RECYCLING COMMUNITY G�-
Page 2 .
The Honorable Mayor and Board of City Commissioners
February 16 , 1995
All garbage carts should be placed curbside no earlier than 5 : 00
p.m. on the day preceding the day designated for collection , and
shall be removed not later than 7 : 00 p .m. on such designated day.
The resident, occupant, or owner is responsible to keep the
container in a safe, clean , and sanitary condition .
The City will replace, at its' expense , carts damaged or worn
through no fault of the resident. However , carts that are damaged
as a result of misuse or negligence are to be replaced by the
resident. Each cart is stamped with a 5 digit number to be cross
referenced with a physical address. This will enable the Solid
Waste Department to maintain accurate records as to the placement
of these carts .
The contents of this ordinance were prepared by Mr . Steve
Zelkowitz , Esq . , Assistant City Attorney .
RECOMMENDATION:
Therefore, based on the above information , it is respectfully
requested that The Honorable Mayor and Board of City Commissioners
approve Ordinance 95-07 .
RB:jh
attachment
ORDINANCE NO. 95- 07
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
DESIGNATE AREAS WITHIN THE CORPORATE LIMITS OF
THE CITY OF OCOEE WHICH WILL ONLY UTILIZE
GARBAGE CARTS PROVIDED BY THE CITY IN
CONNECTION WITH THE COLLECTION OF SOLID WASTE;
PROVIDING FOR THE DISTRIBUTION AND USE OF SUCH
GARBAGE CARTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires
to authorize the Director of Public Works to designate areas within
the corporate limits of the City of Ocoee which will only utilize
garbage carts provided by the City in connection with the
collection of solid waste and otherwise provide for the
distribution and use of such garbage carts;
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION ONE. 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 TWO. Sections 143-24 through 143-29, inclusive,
of Article I of Chapter 143 of the Code of Ordinances of the City
of Ocoee, Florida, are hereby adopted as follows:
§ 143-24. Required Use of Garbage Carts.
The Director of Public Works may designate areas within
the corporate limits of the City where garbage carts, as
hereinafter defined, shall be provided to every resident,
occupant or owner of a single-family residence or a multi-
family residence containing four (4) or fewer single-family
residential units having, keeping or offering for collection
any solid waste. All references in this Article to "garbage
carts" shall mean a container, owned by the City and provided
to residents, occupants or owners as set forth herein, of
ninety-five (95) gallon capacity on wheels for rolling with a
non-removable hinged lid, suited to automatic dumping
equipment utilized by the City and intended to contain not
over three hundred (300) pounds. Residents, occupants or
owners shall be notified of such designation and the required
use of the garbage cart pursuant to written notice from the
Public Works Department. The Public Works Department shall,
at the City's expense, initially provide garbage carts to the
notified residents, occupants or owners and it shall
thereafter be mandatory for those residents, occupants or
owners to utilize the garbage carts, instead of the containers
otherwise required pursuant to S 143-2 (A) hereof; provided,
however, that the provisions of S 143-2 (B) through (D) ,
inclusive, shall remain in effect with regard to such
residents, occupants or owners provided with garbage carts.
S 143-25. Use of Garbage Carts: Prohibited Uses.
A. All persons offering solid waste other than as
specified in § 143-25 (B) for collection by the
City and who have been provided a garbage cart
by the City shall place all solid waste other
than as specified in S 143-25 (B) in the
garbage cart for collection. All solid waste
other than as specified in S 143-25 (B) to be
placed in a garbage cart shall be placed in
trash bags to the extent practicable.
B. No person shall place any special wastes
(including, but not limited to, yard trash,
lawn clippings, leaves, tree trunks or limbs,
used oil, construction and demolition debris)
hazardous wastes, recyclable materials, hot
ashes or hot materials in any garbage cart.
The City or its designee shall have no
obligation to collect any of the foregoing
placed in any garbage cart.
C. No person shall burn, ignite or otherwise
cause the combustion of materials of any kind
whatsoever in any garbage cart.
D. No person shall place solid waste in excess of
three hundred (300) pounds in any garbage
cart. Prior to implementation by the City of
a fully automated solid waste collection
system, solid waste in excess of three hundred
(300) pounds will be collected only if placed
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in trash bags of a capacity of thirty (30)
gallons or less. Any solid waste offered for
collection in excess of three hundred (300)
pounds shall be deemed an additional pickup.
The rates for the collection for such
additional pickup shall be at the rate for
additional thirty (30) gallon or less
containers as determined by resolution of the
City Commission in accordance with S 143-8.
Collection of excess solid waste in trash bags
will be allowed only on an interim basis
pending implementation of a fully automated
solid waste collection system.
§ 143-26. Collection of Solid Waste by City.
In lieu of the provisions of § 143-7 (A) (2) , the following
provisions shall apply to all residents, occupants or owners
who have received a garbage cart: The City or its designee
shall limit its residential collections to one (1) garbage
cart of solid waste per solid waste pickup; four (4) lawn bags
or an amount not to exceed one and one-half (1 1/2) cubic
yards of loose tree or shrub trimmings per yard waste pickup;
and two (2) recycle bins per recycling pickup. The City shall
collect residential solid waste from garbage carts twice per
week, yard trash once per week and recyclables once per week.
§ 143-27. Location and Time for Placing; Removal of
Garbage Carts.
A. With regard to the collection of solid waste,
all garbage carts shall be placed as near the
street or right-of-way of the premises as
practicable or in a location otherwise
designated by the Solid Waste Department no
earlier than 5: 00 p.m. of the day preceding
the day designated for collection and shall be
removed not later than 7: 00 p.m. on such
designated day. At all other times garbage
carts shall be placed in side yards or rear
yards and screened from view to the extent
practicable. Except as provided herein,
garbage carts shall at no time be placed in
the front yard of the premises.
B. It shall be unlawful for any resident,
occupant or owner to remove a garbage cart
from the premises to which such garbage cart
has been provided.
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§ 143-28. Maintenance; Replacement of Garbage
Carts; Return of Garbage Carts.
A. All garbage carts shall be kept in a safe,
clean and sanitary condition by the resident,
occupant or owner. Any garbage cart which
fails to meet such safe, clean and sanitary
standards is declared to be a nuisance and
shall be condemned and disposed of upon order
of the Director of Public Works or his
designee and replaced at the resident,
occupant or owner's expense.
B. The City will replace, at its own expense,
garbage carts damaged or worn through no fault
of the resident, occupant or owner. The City
will replace, at the resident, occupant or
owner's expense, garbage carts damaged or worn
through fault of the resident, occupant or
owner. The City will replace at its own
expense garbage carts which are stolen. The
City will replace, at the resident, occupant
or owner's expense, garbage carts which are
lost. The City or its designee shall have no
obligation to collect any solid waste from a
garbage cart it deems damaged or worn. A
resident, occupant or owner shall immediately
notify the Public Works Department of any
lost, stolen, damaged or worn garbage cart.
C. The cost of replacement of a garbage cart
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 cost of replacement of a
garbage cart shall be billed to the resident,
occupant or owner on the City water bill and,
at the request of the resident, occupant or
owner, may be paid in three (3) equal monthly
installments.
D. Upon the termination of solid waste collection
service, water service and/or sewer service
the City shall thereafter remove the garbage
cart from the premises. Failure on the part
of the owner, occupant or resident to return
the garbage cart within fifteen (15) days of
termination of solid waste collection, water
and/or sewer service shall result in the
account deposit of such resident, occupant or
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owner being debited pursuant to the provisions
of S 173-3 of this Code.
S 143-29. Conflicts.
In the event of a conflict between the provisions of SS
143-24 through 143-28, inclusive, and any other provision of
Article I of Chapter 143 or the Code of Ordinances of the City
of Ocoee, the provisions of SS 143-24 through 143-28,
inclusive, shall control; provided, however, that the
provisions of SS 143-24 through 124-28, inclusive, shall be
applicable only to residents, occupants and owners who have
been provided a garbage cart by the City.
SECTION THREE. 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 FOUR. Codification. 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 sections 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.
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SECTION FIVE. Effective Date. This Ordinance shall
become effective immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 1995.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED February 23 , 1995
READ FIRST TIME Feb. 21 , 1995
READ SECOND TIME AND ADOPTED
, 1995,
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 1995.
FOLEY & LARDNER
By:
City Attorney
AAGARBCART.NW212/16/95IOCOEE D13K(#103)IPERdp
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