V (B2) Ordinance No. 96-18, amending Ch.143, Recycling, to provide that commercial recycling vendors clearly mark their containes for recycacle materials only Ocoee - AGENDA 10-02-96
" ' Item V B 2
f'Pcf Goo RICHARD W. CORWIN
PUBLIC WORKS DIRECTOR
560 FLEWELLING AVE.•OCOEE,FL 34761
PHONE(407)877-8420•FAX(407)877-0392
MEMORANDUM
TO: The Honorable Board of City Commissioners
FROM: Richard Corwin, Director of Public Works
V
RE: Amendment to Chapter 143 : Recycling
DATE: September 4, 1996
We have investigated numerous complaints from Western Waste that other refuse haulers
were providing roll-off and garbage containers to Commercial customers within the City
Limits under the guise of recycling containers. We found that these containers were in fact
being used for other than recyclable materials. We subsequently notified each hauler that
their containers were to be removed because they were in violation of the City Code which
provides an exclusive commercial collection franchise agreement with Western Waste.
The attached Amendment to the City Code is intended to make all commercial recycling
vendors to clearly mark their containers for recyclable materials only.
Rc/
cc: Ellis Shapiro, City Manager
THE PRIDE OF WEST ORANGE ‘• 5
FOLEY & LARDNER
ATTORNEYS A T LAW
SUITE 1800
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WITH MEMBER OFFICES IN
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CHICAGO ORLANDO, FL 32802-2193 SINGAPORE
WASHINGTON.D.C. - STUTTGART
TAIPEI
MEMORANDUM
VIA E-MAIL
TO: Richard W. Corwin, Director of Public Works
FROM: Paul E. Rosenthal, Esq. , City Attorney '�
DATE: July 26, 1996 r V
RE: Amendment to Chapter 143 : Recycling
Pursuant to our discussions, please find enclosed a
proposed amendment to Chapter 143 of the Ocoee City Code which
establishes a new section regarding labeling of commercial
containers intended as a depository for recyclable materials. This
is based upon the draft dated July 18, 1996 . Please note that I
have provided that the ordinance would become effective 30 days
after adoption in order to give time for recovered materials
dealers to label their commercial containers. If you require any
revisions to the draft, please let me know. Otherwise, it should
be forwarded to the City Commission for consideration.
This memorandum and the proposed ordinance is being E-
Mailed to you so that the City Clerk has an original of the
proposed ordinance.
PER:dh
Enclosure
cc: Ellis Shapiro, City Manager (w/enc. )
CAWPS11DOCS10C0E\MEMOS\PERDDIIO7.263(7/26196(DEBBIEII I PF.R:dh
ESTABLISHED 1 0 4 2
ORDINANCE NO. 96-13
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
ADOPTING SECTION 143-20.1 OF THE OCOEE dry
CODE RELATING TO THE LABELING OF COMMERCIAL
CONTAINERS INTENDED TO SERVE AS A DEPOSITORY
FOR RECYCLABLE MAMMALS; 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 143-20.1 of Article I of Chapter 143 of the Code of
Ordinances of the City of Ocoee, Florida, is hereby adopted as follows:
143-20.1 Labeling of Commercial Containers - Recyclable Materials.
A. All commercial containers which are intended to serve as a depository for
recyclable materials shall meet the following minimum labeling standards:
1. The commercial container shall be clearly labeled in conspicuous
print on at least two sides as follows: "FOR RECYCLABLE MATERIALS
ONLY".
2. The name, address, and phone number of the certified recovered
materials dealer who will be collecting the recyclable materials from the
commercial container shall be labeled in conspicuous print on at least two sides
of the commercial container.
B. No person shall place recyclable materials in a commercial container
unless the commercial container is labeled in accordance with the requirements of Section
143-20.1(A).
C. No person having. custody or control of a commercial establishment shall
allow a commercial container to be placed upon or remain upon the property of the
commercial establishment if such commercial container has been placed on the premises
for the purpose of serving as a depository for recyclable materials unless such container
is labeled in accordance with the requirements of Section 143-20.1(A).
SECTION 3. 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 4. 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
recodif ed copy of same with the City Clerk.
SECTION 5. Effective Date. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
C.`.W P511DOCS1OCOEIPERDDHO7.1 8 1 1 9/91961 DEBBIEH;PER:,,h
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PASSED AND ADOPTED this day of , 1996.
APPROVED:
•
A'i-1'EST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED _September 19_, 1996
READ FIRST TIME September 17_, 1996
READ SECOND TIME AND ADOPTED
, 1996
UNDER AGENDA ITEM NO.
FOR.USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this _ day of , 1996.
FOLEY & LARDNER
By:
City Attorney
CAW P5I\DOCS\OCOE\RECYCLE.ORD!9/9/961 DEBBIEH!PER:dh
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