HomeMy WebLinkAboutOrdinance No. 04-2015 ORDINANCE NO.04-2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING CHAPTER 62, "SOLID WASTE", OF THE CODE OF
ORDINANCES; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b),
Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, the City Council of the City of Cape Canaveral believes the proper
management of solid waste/recycling serves the interests of ecology and economy and contributes
to the general quality of life for the residents of Cape Canaveral; and
WHEREAS, the City Council desires to amend the existing Code for consistency with
Ordinance No. 13-2014, which was recently adopted by City Council on October 21, 2014, and
which ordinance revised the Solid Waste Franchise Agreement with the City's current Solid Waste
Contractor; and
WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance
to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS
AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Amendment to Chapter 62. Chapter 62, Solid Waste, of the Code of Ordinances,
City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions
and stFikeeut type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance
of text existing in Chapter 62. It is intended that the text in Chapter 62 denoted by the asterisks
and set forth in this Ordinance shall remain unchanged from the language existing prior to
adoption of this Ordinance):
* * *
City of Cape Canaveral
Ordinance No.04-2015
Page 1 of 10
Chapter 62 - SOLID WASTE
Sec. 62-1.-Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Approved container means mechanical, refuse and recycling containers
provided by :. -. . . . - . . . - - . . _ _ the collector and acceptable to
the city.
Biohazardous Waste means any solid waste or liquid waste which may present a threat of
infection or disease to humans or may reasonably be suspected of harboring pathogenic
organisms. The term includes, but is not limited to, non—liquid human tissue and body parts;
laboratory and veterinary waste, which contain human-disease-causing agents; used or
contaminated disposable sharps (e.g. hypodermic needles, syringes, broken glass, and scalpel
blades), human blood, and human blood products and body fluids; and other materials which in
the opinion of the Department of Health and Rehabilitative Services represent a significant risk
of infection to persons outside the generating facility.
Bulk Trash means any non-vegetative item which cannot be containerized, bagged or
bundled; including, but not limited to, inoperative and discarded refrigerators, ranges, toilets,
washers, dryers, bath tubs, water heaters, sinks, bicycles, car tires, and other similar appliances;
household goods, and furniture and shall not be commingled with vegetative waste.
. .
Collector means any person or entity authorized by the city to collect and remove solid
waste.
Commercial means and includes all retail, professional and wholesale facilities, but shall
Commercial Service means the collection and disposal services provided to business
establishments, churches, schools, multiple dwelling units, office buildings and other commercial
establishments serviced by mechanical container and/or commercial ninety-six (96) gallon cart
service. Commercial Service is further defined as any service identified within appendix B,
Schedule of Fees,to this Code, other than Service Code SFR1, MHR2, and RCCM.
Commercial Trash means any and all accumulations of paper, rags, excelsior or other
packing materials, furniture, appliances, wood, cardboard boxes or containers, sweepings, and
City of Cape Canaveral
Ordinance No.04-2015
Page 2 of 10
any other similar accumulation not included under the definition of garbage, generated by the
operation of stores, offices, and other commercial establishments. Commercial trash shall not
include special waste.
Construction and Demolition Debris shall have the same meaning proscribed in 62-
701.200(24),Florida Administrative Code, which at the effective date of this Agreement means:
Discarded materials generally considered to be not water soluble and non-hazardous in
nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum
wallboard, and lumber, from the construction or destruction of a structure as part of a
construction or demolition project or from the renovation of a structure, including such debris
from construction of structures at a site remote from the construction or demolition project site.
The term includes rocks, soils, tree remains, trees, and other vegetative matter that normally
results from land clearing or land development operations for a construction project; clean
cardboard,paper,plastic, wood, and metal scraps from a construction project; except as provided
in Section 403.707(9)(j), Florida Statutes, yard trash and unpainted, non-treated wood scraps
from sources other than construction or demolition projects; scrap from manufacturing facilities
that is the type of material generally used in construction projects and that would meet the
definition of construction and demolition debris if it were generated as part of a construction or
demolition project, including debris from the construction of manufactured homes and scrap
shingles, wallboard, siding concrete, and similar materials from industrial or commercial
facilities and de minimis amounts of other non-hazardous wastes that are generated at
construction or demolition projects, provided such amounts are consistent with best management
practices of the construction and demolition industries. Mixing of construction and demolition
debris with other types of solid waste will cause it to be classified as other than construction and
demolition debris.
Designated facility means a disposal processing, recovery, recycling or transfer facility
designated by the city manager, or the city manager's designee.
Duplex means and includes a detached two-family dwelling designed or intended for
occupancy by two families.
E-Waste means Electronic Waste that includes,but is not limited to, computer towers; laptop
computers; keyboards, zip and external hard drives; flat screen monitors, scanners, printers, and
battery backup units; speakers, cables and related accessories; AN equipment including amps,
receivers, DVD, VCR, televisions, cassette and reel to reel tape players, turntables and related
electrical hardware; power tools (plug-in and rechargeable); battery packs and chargers;
communication devices (hand held and ham radios, pagers, cell phones, cordless and wired
phones); rechargeable appliances (dust-busters, shavers, flashlights, small toys and fans); digital
cameras, recorders, GPS units and related hardware; remote controls; electrical motors up to 3
HP; microwave ovens; all circuit boards; all Mercury-Containing Devices (i.e., fluorescent tubes
and compact fluorescent bulbs); HID bulbs; thermostats,thermometers and switches.
City of Cape Canaveral
Ordinance No.04-2015
Page 3 of 10
quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or
under c ch nen
Hazardous Waste means waste defined as hazardous waste pursuant to local, state, and
federal law.
Industrial means establishments generating solid waste accumulation of metal, metal
products, minerals, chemicals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber,
tires, bottles, cans, lumber, sawdust, wastes from animal packing or slaughterhouses or materials
usually created by industrial enterprises.
meehanieal-meafis,
Mechanical Container means and includes plastic or metal containers of at least two (2)
cubic yards in size, dumped mechanically by a collection vehicle and able to be serviced by
collector.
Multiple Dwelling Units means any building containing three (3) or more permanent living
units,not including motels and hotels.
Recoverable materials means metal, paper, glass, plastic, textile, or rubber materials that
have known recycling potential, can be feasibly recycled, and have been diverted and source
separated or have been removed from the solid waste stream for sale, use, or reuse as raw
materials, whether or not the materials require subsequent processing or separation from each
other, but does not include materials destined for any use that constitutes disposal. Recovered
materials as described above are not solid waste.
City of Cape Canaveral
Ordinance No.04-2015
Page 4 of 10
Recycling Container means a minimum fourteen(14) gallon recycling bin or larger cart used
by residential customers and one or more ninety-six (96) gallon recycling carts for commercial
and multiple dwelling unit customers, or other types of recycling bins approved by the City, to
store recyclable materials for collection and disposal service.
Recyclable material means newspapers (including inserts), aluminum cans, plastic
containers(HDPE and PET), brown, clear and green glass bottles and jars, and other solid waste
materials added upon written agreement between the city and the collector, when such materials
have been either diverted from the remaining solid waste stream or removed prior to their entry
into the remaining solid waste stream.
Refuse Container means a heavy plastic receptacle, with a rated capacity of not more than
ninety-six (96) gallons, having hinged tight-fitting lid and wheels, which is designed or intended
to be used for automated or semi- automated collection. Carts will be provided by and distributed
by the collector. Collector shall retain ownership of the carts.
Residential means single family detached homes, duplexes, multiple dwelling units, and
mobile home/RV parks.
Residential Service means collection and disposal services provided to persons occupying
residential dwelling units, mobile homes, RV parks and multiple dwelling units not receiving
commercial service under this Agreement. Residential service is further defined as services
identified within appendix B, Schedule of Fees, to this Code, with a Service Code of: SFR1,
MHR2, and RCCM.
Roll-off Container means a dumpster, which is used for the collection and disposal of
construction and demolition debris or solid waste. The roll-off container may be of the open or
enclosed variety and is typically hoisted onto a specially equipped truck for transporting the
construction/demolition debris or solid waste to a designated facility.
Solid waste means bulk trash, refuse, vegetative waste, and recyclable materials or any
combination thereof.
Special waste means solid waste that requires special handling and management by the
collector, and which is not accepted at the designated facility or other disposal facility or which
is accepted at the designated facility or other disposal facility at higher rates than are charged for
refuse, including, but not limited to, asbestos, whole tires which do not constitute household
trash,used oil, lead-acid batteries, and biohazardous wastes.
City of Cape Canaveral
Ordinance No.04-2015
Page 5 of 10
Vegetative waste means any vegetative matter resulting from routine and normal yard and
landscaping maintenance generated on site and shall include materials such as tree and shrub
materials, grass clippings, palm fronds, Christmas trees, tree branches and similar vegetative
matter usually produced in the care of lawns, landscaping and yards.
Sec. 62-2.—Reseed. Procedures for violations.
Violations of this chapter may be enforced by the code enforcement citation system pursuant to
Chapter 2,Article VI, Division 3 of this Code.
Sec. 62-5.- Schedule of fees.
(a) Owners of any residential unit or commercial building within the city shall pay solid
waste fees as established by the city council. The schedule of fees is contained in appendix B to
this Code and is subject to revision from time to time as may be necessary. l re n3 shall be
* * *
Sec. 62-6. - Complaint procedure.
The collector of solid waste is obligated to promptly respond to all complaints concerning
the quality or absence of collection service. All complaints with regard to refuse and trash
collection service directed by this chapter shall be made to the city, and subsequently directed to
the collector by the city manager or the city manager's designee.
* * *
Sec. 62-8. - Containers required.
(a) All owners, residents and all occupants of any residential unit and the owner, user,
manager or occupants of any multiple-dwelling unit, or of any place or business or
commercial establishment with[in] the city are required to provide at least one container to
hold four days'accumulation of solid waste. Sunken containers are specifically prohibited.
(b) . . . . -- , . . . A mechanical container or containers
may be used as provided in this chapter. Such container shall be provided by the collector and
the city manager shall first determine whether or not a mechanical container shall
be provided to any owner, user, manager or occupant so requesting an ink a mechanical
container. Multiple-dwelling units containing less than ten units may be provided
City of Cape Canaveral
Ordinance No.04-2015
Page 6 of 10
a mechanical container at the discretion of the city manager. All commercial establishments
(establishments other than professional offices or other offices) shall be required to have
inflastfial mechanical containers at the discretion of the city manager.
residences, duplexes and triplexes Properties receiving residential services shall not be
permitted to use inElestfial mechanical containers.
(c) It shall be the duty of the owner, manager, tenant or occupant of any multiple-dwelling
unit to furnish or see that each unit with cooking facilities of said multiple dwelling is
furnished or supplied with an individual refuse container or containers or iminstfial
mechanical container or containers adequate and sufficient in size to comply with the terms of
this chapter. All such solid waste containers shall be kept tightly covered at all times except
when it is necessary to lift the cover for disposal or removal of solid waste or to deposit solid
waste therein. It shall be unlawful for any person to deposit solid waste in such amount in the
individual refuse containers or mal mechanical containers that will not permit the cover
thereof to be kept tightly in place
Sec. 62-9.-Residential solid waste pickup conditions.
(a) Separation of solid waste. Each individual container shall contain solid waste,
excluding yard trash, recyclable or recoverable materials, . .. : •- - - :
ems.
(b) Recyclable or recoverable material. Recyclable or recoverable materials shall be
placed in special recycling containers provided by the citycollector, except in the case of a
commercial establishment which has contracted with a properly certified recovered materials
dealer, as provided above in section 62-4 of the City Code. Only recyclable or recoverable
materials may be contained in the special recycling containers. Special Recycling containers
shall be provided for each - . -• - ---, : . . - - . - property receiving
residential service and shall be placed by each owner, resident or occupant at curbside in front
of such residential unit. Multiple dwelling units shall be provided special recycling containers
for use by all occupants of such unit which shall be located at the discretion of the city
manager. No solid waste, other than recyclable or recoverable materials, shall be placed in a
special recycling container. ' - . . - . -- .. . . . . - .
. -- - . . . - . . . . -- .
and may be bundled by securing with rope, string, twine, cord or tape. Containers for
: . -- , - . . . .. . . - . - . .
Vegetative waste. Collector shall be required to provide collection and disposal
services for all vegetative waste generated from residential customers provided same are
City of Cape Canaveral
Ordinance No.04-2015
Page 7 of 10
placed in a refuse container. Vegetative waste shall be segregated from the garbage and
household trash which shall be placed in a separate cart. All leaves and pine needles,
ornamental shrubs, clippings and tree trimmings with branches less than three (3) inches in
diameter making up not more than one cubic yard shall be placed in the cart. Tree limbs, tree
trunks,palm fronds, etc., shall be cut in lengths of no greater than four(4) feet in length; shall
be no larger than six (6) inches in diameter and shall not exceed fifty (50) pounds per limb,
trunk, frond, or bundle thereof. A special pick-up will be required when a "Cherry Picker,
Claw or Clam"type collection vehicle is required to collect excess piles of vegetative waste in
excess of the maximum length and poundage set forth in this paragraph. Unbundled piles of
yard waste will be subject to a minimum %2 Claw Truck fee per pickup for less than ten (10)
yards or full Claw Truck fee per pickup for more than ten (10) yards. Hired contractors and
landscapers must haul away any vegetation debris they produce. Customers will be
responsible for associated fees set forth in appendix B, Schedule of Fees, to this Code.
(d) Solid waste. Solid waste other than yard trash and recyclable or recoverable materials
shall be placed in individual containers. Each individual refuse container shall not exceed fifty
(50) pounds of solid waste. Any item of solid waste shall not exceed the measurement of four
(4) feet in any direction. Containers for solid waste shall be provided by the owner, resident
... '• ollector. Recyclable materials and yard trash shall not be
commingled with other solid waste.
(e) Pickup. Each owner, resident and occupant of : • _ - .. . • -, : . : - ,
property receiving residential service shall place individual refuse containers and
special recycling containers within five (5) feet of curbside in front of such residential unit.
Solid waste shall be removed by the collector according to schedules that the city from time to
time shall publish.
(f) Location of solid waste containers. Solid waste containers shall not be located in such
places or under such conditions as to cause unnecessary or unreasonable offense to sightliness,
cleanliness, safety or other sanitary conditions. Solid waste containers shall not be kept upon
neighboring property, whether such neighboring property be vacant or improved, without the
written consent of the person having the right to possession and use of the neighboring
property. No solid waste container shall be placed on any city right-of-way, except for
immediate pickup, unless authorized in writing by the city manager in advance. 1strial
Mechanical containers shall not be placed in such manner as to hinder the closing of container
lids.
Bulk trash. Collector will provide collection and disposal services for all bulk trash
generated from residential customers regardless of whether it is containerized.
1111 E-waste. Collector will collect and dispose of electronic waste placed curbside.
* * *
City of Cape Canaveral
Ordinance No.04-2015
Page 8 of 10
Sec. 62-11.-Unlawful acts.
(a) Obstruction. It shall be unlawful for any person to park a motor vehicle in such a way
that the collector cannot service industrial mechanical containers or otherwise to block access
to such containers.
(b) Container of another. It shall be unlawful for a person to place solid waste in a
container assigned to another address, without written permission of the owner.
(c) Burning or burying of solid waste. It shall be unlawful for any person to bury solid
waste within the city. No such solid waste shall be burned within the corporate limits of the
city.
(d) Unlawful accumulation. It shall be unlawful for the owner, resident, occupant or
manager or person responsible for any land or premises to permit, suffer or allow, either by
commission or omission, any accumulation of solid waste upon premises or property within
the city for a period longer than four days without having arranged for disposal of the
accumulation by the collector to perform such services and it shall be unlawful and a violation
of this chapter for any person, whether owner, resident, manager or occupant of any premises
to fail to provide a sufficient number of solid waste containers per unit as provided in this
chapter to amply provide for any four-day period of solid waste accumulation. Nothing
contained in this section shall prevent the owner or occupant, resident, manager or person
responsible for the premises to remove accumulations of solid waste on their own behalf, to a
proper place of disposal.
(e) Unlawful disposal. It shall be unlawful to dump, deposit or dispose of solid waste upon
the premises of another, or upon any street, alley, parkway or other public property, or any
canal, ditch, water, waterway, river, ocean, beach, pool, pond or the like within the city or in
the container of another, except that tenants of multiple dwellings or businesses, where
authorized, may deposit such accumulations in containers which the owner or manager of the
multiple dwelling or business building has authorized for the use of the tenants thereof.
(f) Hazardous waste. It shall be unlawful for any person to dump, deposit or dispose of
any hazardous waste in or around public/private refuse individual or industrial mechanical
containers from which the collector removes solid wastes for the city.
Sec. 62-12. - Regulations on file.
(a) The recycling regulations in effect in the city are on file in the city clerk's office.
(ea) The fees and charges for recycling services are set forth in appendix B to this Code.
City of Cape Canaveral
Ordinance No.04-2015
Page 9 of 10
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict. 1
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph,number or letter and any heading may be changed
or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors
may be corrected and additions, alterations, and omissions, not affecting the construction or meaning
of this Ordinance and the City Code, may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City.Council of the City of Cape Canaveral, Florida, this 17th day of
March, 2015. . .:,, -�
Cil .f.::0C- 1, IA (:] ;;Z„„LO!IOL
P I
• 1 h L . : Rocky Randels, Mayor
ATTEST:,, :�. x For Against
•........••.
j
`', IZa E itiE'1f04,-- John Bond
ANG A APPERSir, Bob Hoog x
City Clerk,MMC
Buzz Petsos Motion
Rocky Randels X
Betty Walsh Second
First Reading: February 17,2015
Legal Ad Published: February 19, 2015
Second Reading: March 17, 2015
Approve to legal form and sufficiency
for t Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No.04-2015
Page 10 of 10