Item VI (D) - First Reading of Ordinance - Second Reading and Public Hearing Scheduled for October 15, 1991 - Ordinance No 91-29, relating to the collection of garbage, yard trash and recyclable materials AGENDA 10-1-91
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI D 1
0 cirLESTER DABBS,JR.
• j v, ° CITY OF OCOEE COMMISSIONERS
it0a 150 N.LAKESHORE DRIVE RUSTY JOHNSON
v 0 OCOEE FLORIDA 34761 PAUL W.FOSTER
(407)656-2322 VERN COMBS
SAM WOODSON
0, G000 CITY MANAGER
ELLIS SHAPIRO
STAFF REPORT
To: The Honorable Mayor and Board of City Commissioners
From: Montye Beamer, Director of Administrative Services7 )
Date: September 14, 1991
SUBJECT: SOLID WASTE ORDINANCE
ISSUE
Should the Honorable Mayor and Board of City Commissioners approve
the attached Ordinance #91-29 regarding Solid Waste?
BACKGROUND/DISCUSSION
Based upon the Solid Waste Management Act 11-92 and current
collection requirements, revisions to the Sanitation Ordinance 88-
34 are necessary. Changes are as follows:
1. The term Sanitation becomes Solid Waste.
2 . Types of waste are redefined.
3. Frequency of service has been incorporated to reflect
actual number and types of services provided.
4 . Type of receptacle has been specified.
5. Provisions for the proper disposal of hazardous materials
have been outlined.
6. The ability to call and schedule additional collections
was added.
RECOMMENDATION
City Staff recommends the approval of Ordinance 91-29 by the
Honorable Mayor and Board of City Commissioners.
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:
_ _
"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, - =
erecting, removing, repairing or rasing 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 industrial
establishment not intended for use or sale.
not exceeding two hundred (200) cubic fcct.
"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
generally considered to be not water soluble and non-hazardous in
nature, including but not limited to steel. class. brick, concrete,
asphalt roofing material. pipe, carpet and carpet pads. tile.
gypsum wallboard, and lumber, from the construction or destruction
of a structure as part of a construction or demolition proiect or
from the renovation or maintenance of a structure. The term
includes rocks. soils. tree remains, trees, and other vegetative
matter which normally results from land clearing or land
development operations for a construction project. Mixing of
construction and demolition debris with other types of solid waste,
including 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 vegetative waste that is attendant with or results from the
storage. preparation, cooking or handling of food materials; and
all trash, refuse, and waste not otherwise classified in this
Section.
"Residential Waste" means a mixture of garbage and trash
resulting from the normal housekeeping activities of a residential
unit.
"Solid Waste" shall mean garbage. refuse, yard trash,
clean debris, white goods, construction and demolition debris,
special waste, ashes, sludge or other discarded material including
solid, liquid, semi-solid, or contained gaseous material resulting
from domestic. industrial, commercial, agricultural or governmental
operations.
"Special Wastes" means solid wastes that can reauire
special handling and management, including but not limited to the
following wastes as defined by Florida Administrative Code Rule 17-
701.020: white goods, whale tires, used oil, mattresses,
furniture, lead-acid batteries, hazardous wastes and biological
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 l.�a� HCl�� �t .L a keeper, occupant or owner
of premises having, keeping or offering for collection
any garbage residential waste ref-use 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 canitary solid waste department.
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(b) All residents, occupants or owners of residential
premises in the City shall place all yard trash in lawn
bags. Yard trash which does not fit into lawn bags shall
be collected through 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.
(d) 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 bags or recycling
receptacles shall be placed at the roar as near the street or
right-of-way of the premises as practicable or in a location
designated by the oanitary solid waste department.
SECTION 5. Section 11-4 of Chapter 11 of the Code of
Ordinances is amended to read as follows:
Sec. 11-4. Sorting of industrial 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 oanitary solid waste department.
All persons offering waste materials for collection
within the City shall segregate their waste into the following
categories - garbage. yard trash, and recyclable materials. No
person shall place yard trash, special wastes, hazardous wastes, or
construction and demolition debris into containers used for garbage
collection. No person shall place any material other than yard
trash into lawn bags 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. Prohibited accumulations and deposits;
exceptions.
(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) Garbage. yard trash, and recyclable material
containers may be placed for collection in an easily
accessible location as near the street right-of-way as
practicable. on the property of the owner or tenant or on
the parkway immediately in front of and contiguous to his
property. 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
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City may be placed in the parkway Provided that
arrangements have been made for its prompt collection.
Any sweepings, leaves, debris and trash resulting
shrubs, trees and hedges may be deposited for collection
in an easily accessible location an near the street
owner, tenant or person in possession thereof or on the
trimming, care and upkeep may be deposited for
collection.
Rapers, raga, magazines and the like may be
not exceeding fifty (50) pounds in weight, or provided
ouch matter is stored in sturdy containers which will, in
all ordinary weather conditions, prevent said matter from
being scattered about by the elements or animals. Any or
all of the matter permitted under this paragraph is to be
placed upon parkways immediately in front of and
possession of such property is obtained prior to the
placing upon the parkway immediately in front of and
contiguous to the property of ouch others. Nothing
large trees or large numbers of trees or from the
clearing of lots or other arcus.
(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 garbage, waste, special waste, or recyclable
material of the debris, trash or rubbish mentioned in
Section 14 of this 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
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by the sanitation solid waste department or thc strcct
department .of thc 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.
(2) The City or its designee shall limit its
residential collections to three 30 gallon containers per
garbage pickup, three lawn baas per yard waste pickup.
and two recycle bins per recycling pickup. The City
shall collect residential garbage twice per week, yard
trash once per week and recyclables once per week. The
City may collect additional 30 gallon containers of
garbage from residential locations but shall collect an
additional fee for each additional container. The City
Commission may establish the fees for additional garbage
containers by resolution.
(3) The City may provide for the collection of
construction and demolition debris and yard trash in
excess of three lawn bass from residential locations at
rates established by resolution of the City Commission.
Residents, occupants, or owners of premises shall arrange
for collection of residential construction and demolition
debris or excess yard trash by the City Solid Waste
Department or a private hauler.
(4) Except as provided in paragraph (3) above.
all containers, bags, 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
tagged to indicate that the item was not collectable.
The resident occupant or owner of the premises who placed
the waste for collection shall immediately arrange for
the prompt collection of tagged items. The City may
collect items which exceed these limits or tagged items
upon special arrangement with the customer. The City
Commission may establish rates for the collection of
excess waste or tagged items by resolution.
(b) Effective March 1, 1991, all commercial, industrial,
and institutional premises in the City shall have all
garbage and refuse 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 or refuse 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 Garage Solid Waste; Fees.
(a) Garage 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.
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(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 solid waste garbage containers or
yard trash bags 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 garbage. 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.
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89 PASSED AND ADOPTED this day of , 1991.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
JEAN GRAFTON, City Clerk LESTER DABBS, JR. , Mayor
ADVERTISED October 3. , 1991
READ FIRST TIME October 1 , 1991
READ SECOND TIME AND ADOPTED
, 1991
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1991
FOLEY & LARDNER
By:
City Attorney
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 1991
UNDER AGENDA ITEM NO.
CAWPSIIDOCSNOCOE' 8AI9R691 I ISW015(71(M:J (2)
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