HomeMy WebLinkAboutOrdinance No.04-1966®� • AMENDED
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ORDINANCE NO.
AN ORDINANCE RELATING TO GARBAGE AND TRASH
COLLECTION; REQUIRING GARBAGE CANS AND
RECEPTACLES; PRESCRIBING LOCATION AND CON-
DITIONS; PROVIDING FOR LICENSING OF GARBAGE
AND TRASH COLLECTORS; PRESCRIBING CONDITIONS
FOR LICENSE; PROVIDING PENALTIES FOR
VIOLATION; PROVIDING AN EFFECTIVE DATE. '
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, AS FOLLOWS:
SECTION 1. DEFINITIONS.
For the purpose of this Ordinance the following words
and terms shall have the meaning ascribed herein:
(a) GARBAGE. Garbage shall . be held and construed to
be refuse, tin cans, glass, paper, bottles and the
boxes and paper cutting from or being disposed of by
residents and commercial or business establishments,
and every refuse, kitchen accumulation of animal,
fruit or vegetable matter, liquid or other, that
attends the preparation, use, cooking, dealing in
or storing of meat, fish, fowl, fruit or vegetables,
and other refuse that may accumulate in the normal
household, which shall all be contained In receptacles
specifically provided for that purpose; and shall also
include all boxes and containers, providing that said
.boxes and containers shall be broken down flat.
(b) TRASH.. The word trash shall mean any refuse
other than garbage or putrescrible material. It
shall Include discarded paper, discarded flower
decorations, cuttings of grass and weeds and branches
and vines, provided that such branches, shrubs and
vines are placed in containers or in piles which can
be handled by one man. The word "trash" as used
herein does not include earth, trees, wallpaper,
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roofing material, plaster, concrete, or other
substances that may accumulate as a result of repairs
to land or buildings, or as aresult of initial
clearing of lots, or as a result of building operations.
(c) NONCOMBUSTIBLE REFUSE. Noncombustible refuse
or similar connotation, shall mean refuse materials
that are unburnable at ordinary bonfire or incinerator
temperatures, such as durable Junk, metals, mineral
matter, stone, cement and concrete derivatives, .
glass crockery, metal furniture, or parts thereof,
vehicle bodies or parts thereof, and other similar
material or refuse; some of which . shall be placed in
garbage containers or in any way mixed with garbage.
For practical purposes, trash may include noncombustible
as well as combustible refuse, unless and until trash
be disposed of by incinerator method.
(d) GARBAGE CAN. Garbage can shall mean a galvanized
iron or other standard can and cover to fit, of the
type commonly sold as a garbage can, of not less than
ten (10) nor more than thirty -two (32) gallon capacity,
or other acceptable container; such receptacle to have
two (2) handles upon the sides thereof or a suitable
bale bywhich it may be readily lifted for the purposes
of easily emptying same by the garbage collector, and
the cover of which shall be tight fitting and kept in
place on the can for the purpose of preventing stenches
or other nuisance.
(e) MECHANICAL CONTAINERS. Mechanical containers
shall mean that type or make suitable for dumping by
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the City's collector.
Such mechanical containers, if allowed to be used by
the .City, after written request, shall be located and
screened from view, under conditions and restrictions
set forth in a written special permission Resolution
granted by the governing body or its designee of the
City.. Such mechanical container, if permitted, shall
be used only to service multiple dwellings and
commercial establishments.
(f) MULTIPLE DWELLINGS. Multiple dwellings shall mean
all places of abode other than single family residences
such as apartment houses, rooming and boardinghouses,
dormitories, hospitals, resident schools, hotels,
motels and motor courts, guest houses, tourist homes,
trailer courts, trailer camps and all other similar
like places.
SECTION 2. GARBAGE CANS TO BE PROVIDED.
All owners and residents and all occupants of any single
family dwelling, and the owner, user, manager or occupants of
any multiple dwelling or of any place or business or commercial
establishment within the City, are hereby required to provide
a garbage can or cans of sufficient capacity to hold at least
four (4) days accumulation of garbage. Moreover, it shall be
the duty of the owner, manager, tenant or occupant or any
multiple dwelling to furnish, or see that each cooking unit
of each said multiple dwelling is furnished or supplied with,
a garbage can or cans, adequate and sufficient in size to
comply with the terms of this ordinance.
SECTION 3. GARBAGE CANS - TO BE TIGHTLY CLOSED.
Garbage cans shall be kept tightly covered at all times,
except when it is necessary to lift the cover for disposal or
removal of garbage therefrom, or to deposit garbage therein.
It shall be unlawful for any person to deposit garbage in
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such amounts in the can or cans that will not permit the cover
of said garbage can or cans to be kept tightly in place.
SECTION 4. GARBAGE CANS LOCATION..
Garbage cars are required to be kept in places easily
accessible to the City Inspector and to the employees of the
garbage collector; but not in such places or under such
conditions as to cause an unnecessary or unreasonable offense
to sightliness, cleanliness, safety or other sanitary condition.
They shall not be kept upon neighboring property not in the
ownership or tenancy of the person by whom the garbage was
accumulated, whether such neighboring property be vacant or
improved, without the written consent of the person having
the right to possession and use of the property. Garbage
cans shall be placed on the alley of all improved land
served by an alley or such other places as shall be designated
by the City if alley pickup is nonexisting or impractical.
SECTION 5. GARBAGE CANS - TO BE SCREENED FROM PUBLIC VIEW.
All garbage receptacles including cans and mechanical
containers within the City shall be screened from public
streets or highways and neighboring property:
(a) Garbage receptacles located at private homes,
duplexes or apartment units, none of which provide
public eating services, may be screened by landscaping
or shrubbery in such a manner as to completely hide
from view such receptacles.
(b) At restaurants, hotels, garages, filling stations,
theaters, cocktail loungs, barrooms or any other
commercial establishment, the screens, before being
erected, shall be approved by the Clty, but shall
be so erected as to completely obscure receptacles
from the highway or occupants of neighboring property,
and the city reserves the right to determine the material
used in construction of screen or screens.
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(c) All plans for screening of receptacles shall be
submitted to the City for Its approval before con-
struction is started. The City shall have the right
to make any adjustments under this ordinance for the
best protection of the public.
(d) Garbage receptacles recessed in the ground with
the top level thereof level with the ground need not
be screened.
SECTION 6. GARBAGE CANS - INSPECTION, CONDEMNATION.
All garbage receptacles shall be subject to an
inspection and approval or condemnation by the building
official or police department at all times. Upon con-
demnation by the building official or police of any
garbage receptacle, a notice of Bush condemnation shall
be placed upon the condemned receptacle or handed to the
owner or .occupant or left at his regular place of abode,
and he shall comply therewith. It shall be unlawful for
any person to place in such condemned receptacle, any
garbage or other material and the owner or occupant of
said premises shall, forthwith, provide a new receptacle
to take the place of the receptacle condemned.
SECTION 7. GARBAGE CANS - TO BE EMPTIED PERIODICALLY.
All garbage cans shall be emptied twice each week
In the residential districts of the City, and as
designated by the governing body in the business districts
and shall be properly disposed of.
SECTION B. BURYING OR BURNING OF GARBAGE - RESTRICTED.
It shall be unlawful for any person to bury garbage
or other material which is or Is reasonably likely to
become a nuisance or menace or threat to health within
thh City, except in such areas or confines . of the City
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as may from time to time be set aside and designated for
the burial or disposal of garbage by proper .resolution.
No garbage shall be burned upon any premises within the
corporate limits of the City.
SECTION 9. PLACES REQUIRING SERVICE; PRIMA FACIE EVIDENCE
INSPECTION; PROSECUTION.
Any place of abode or any place of business, where
food is prepared or is capable of being prepared because
of kitchen facilities, shall be prima facie evidence that
garbage and /or trash is being produced and accumulated on
such premises and the owner thereof shall pay the prescribed
Pees for garbage and/or trash removal and disposal services
from the premises. It shall be the duty of the City
inspector to Inspect said premises and cause to be removed
therefrom, any and all garbage found thereon, at the expense
of the owner thereof, and this section shall likewise apply
to 'cheduties of the City Inspector to report to the proper
City authorities any violation of this ordinance; to
institute and prosecute any person found or suspected as
being In violation thereof; and to appear as a witness for
the city In any action pertaining to violation of this
Ordinance.
SECTION 10. PROPER DISPOSAL PREREQUISITE TO COLLECTION.
No removal of garbage shall be required by the
collector of garbage for the City from any premises unless
the garbage be desposited in a proper can or receptacle;
and the owner or occupant or person responsible for using
said premises may be prosecuted for noncompliance with
this essential requirement, if found at fault.
SECTION 11. UNLA14PUL ACCUMULATION.
It shall further be unlawful and a violation of this
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Ordinance for the owner-cY occupant or manager "or person
responsible for any land or premises to permit, suffer,
allow, either by commission or emission, any accumulation
of garbage or .other waste material, upon premises or
property within the City for a period lcnger than four (11)
days, without having arranged for disposal of said
accumulation by some person qualified under this Ordinance
to perform such services, or by theduly authorized garbage
collector of this City; and It shall be unlawful and a
violation of this Ordinance for any person, whether owner,
manager or occupant of any premises, to fail to provide a
sufficient number of containers per unit, as provided herein,
to amply provide for any four (11) day period of garbage or
other noxious wastes.
SECTION 12. UNLAWFUL DISPOSAL.
It shall be unlawful to deposit garbage, trash or
litter of any type upon the premises of another or upon
any street, alley parkway, or other public property, or
on any canal, ditch, water, waterway, river, ocean, rockbed,
sandbed, pool, pond, or the like, within the City, or in the
can or receptacle of another; except that tenants of multiple
dwellings or businesses, where authorized, may deposit
garbage in cans upon which the owner or manager of said
multiple dwelling, apartment or business building, shall
have paid the collection service fee provided herein and which
can or cans shall be authorized for the use of the .tenant by
the owner or manager thereof.
SECTION 13• TRANSFER OF GARBAGE OR TRASH OVER PUBLIC STREETS.
Unless a person . shall have been specifically authorized
and licensed by resolution of the governing body to do so,'
It shall be unlawful for any person to transport garbage or
trash through or over the public streets or alleys of the
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City, except for the pGpose of having same piuRcu up by
persons authorized by the City to pick up and dispose of
same; and this provision shall be literally construed to
protect the public health, safety and general welfare.
SECTION 14. PRIVATE DISPOSAL - LICENSE REQUIRED.
No person shall remove garbage or trash from any
premises in the city, or transport the same through the
streets, alleys or public ways of the city, or dump,
incinerate or in any other manner dispose of garbage or
trash originating within the City, or eslewhere, or
contract for or permit himself to be employed or engaged
for any such removal, transportation or disposal, without
his having secured and obtained a license from the City,
for such services, evidencing the payment of the fee
therefor, required by the City under Section 13, and
after having complied with all public health requirements
and other Ordinances of the City appertaining.
SECTION 15. PRIVATE DISPOSAL - APPLICATION FOR LICENSE;
APPROVAL; DEPOSITORIES; HEALTH OFFICERS.
Before issuing any license as provided in Section 13,
the license inspector shall require the execution of an
application wherein the applicant shall cause to be shown
the name or names of persons to be licensed, or, in the
case of a corporation, the names of the principal officers
and the name or names of persons who are to actually
perform such services for the corporation, together with the
home and business address of each of said persons, the
description of the equipment to be used in such removal,
'transportation and .disposal, and the general route
scheduled to be followed and the place and method of
disposal. Such application shall be submitted to and
approved by the license Inspector as a prerequisite to
the issuance of such license; and the inspector shall be
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kept advised by the applicant, from time to time, of any
changes in the facts therein stated. When such application
specifies a point of disposal beyond the corporate limits
of the City, the license inspector shall determine that the
disposal or garbage at the point and place named in the
application and the method of disposal described therein
are satisfactory to the proper sanitary authorities of
the State of Florida, County of Brevard and of the
,municipality, if any, if such point or place of disposal
be within a municipality. No licensee shall change any
of the type or equipment used for the removal and trans-
portation nor the manner of disposal and location thereof,
as described in such application, without advising in
writing, the license inspector or chief of' police and
obtaining written approval of said city orfieial and
permission therefor; and, in the case of changes In the
locations or methods of disposal beyond the city limits
(and if disposal shall be beyond the city . limits except
In emergency situations approved by resolution of the
governing body), such .change shall also be approved by
the proper state, county and local health and public
safety authority at the place in which such disposal
point is located. The license Inspector or head of the
police department may reject any application deemed
contrary to Public Health or safety without 4he necessity
or cause for such action, provided that the issuance of
such garbage collection permit would not Jeopardize
public health or safety, and further provided that any
person whose application is rejected may appeal such
rejection to the governing body of the city.
SECTION M. PRIVATE DISPOSAL - BOND.
No license or permit . shall be Issued to any person
for the collection or removal or disposal of garbage or
trash until such person shall have been granted permission
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by the governing body or its designee, and such person shall
have filed with the city such bond or other indemnity as the
governing body may require, conditioned upon such person
Indemnifying the city from any damages that may be suffered
by the city, in any manner, by reason of the collection or
removal of garbage or trash from or within the City.
SECTION 17. PRIVATE DISPOSAL - EXISTING LICENSES OR AUTHORITY.
All persons now licensed, or duly authorized by law, or
holding permit for the removal or disposal of garbage or
trash within the city, shall collect such garbage or trash
In the manner and methods prescribed In any existing contract,
permit or license, by public authority,, for the collection,
transportation and disposal of garbage or trash; which said
contract, license or permit may be revoked by the license
inspector or police department at any time, for cause or
for failure to comply with any reasonable regulation or
requtrment of the city in any way pertaining to the collection,
transportation or disposal of garbage or trash, which is now
or may hereafter be in effect. Said license or permit may
be reinstated by the city upon compliance with prescribed
conditions imposed In the public interest or for the public
safety or health or welfare.
SECTION 19. PENALTY.
Any person who fails to comply with this ordinance or who
violates same or who creates or maintains garbage or the
maintenance of garbage receptacles or incident to garbage
accumulation a nuisance or menace to public safety or health,
shall be considered as having violated this ordinance, and
shall be punished upon conviction in the Municipal Court by a
fine not to exceed One Hundred ($100.00) dollars or imprison -
ment not to exceed ten (10) days or by both such fine and
Imprisonment.
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SECTION 19. AUTHORITY OF CITY TO COLLECT. ._..
Nothing contained In this Ordinance shall be construed
to prevent the city from creating or acting as its own garbage
.(and /or trash) collection and disposal service or facility,
either independently, exclusively, or in conjunction with others.'
SECTION 20. LEGISLATIVE INTENT.
If this Ordinance or any section thereof, or any sentence;
phrase or word be declared illegal or unlawful by a Court of
.competent jurisdiction, it is the intent that such illegal
word, phrase, sentence, or section not affect the legality of
the remainder of this Ordinance.
SECTION 21. All Ordinances in conflict herewith are hereby
repealed.
ADOPTED BY THE CITY COUNCIL of the CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, this day of January,
A D. 1966.
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14ayor
Attest:
ity uleric
Approved.-as. to Form:
fty ttorney -