HomeMy WebLinkAboutCode Master Project 1978: Chapter 673: Garbage and TrashLDR Codification May 1990
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§ 673 . 01 GARBAGE & TRASH REMOVAL § 673. 01
CHAPTER 673
GARBAGE & TRASH REMOVAL
Sec . 673 . 01 Definitions. For the purpose of this
Chapter, the following words and terms shall have the
following meanings :
(A) Approved Container shall mean industrial con-
tainers as defined herein, and trash cans provided by
customer and acceptable to the City.
(B) Bulk Container shall mean a fifty-five (55)
gallon drum supplied by the City for temporary storage
of refuse or trash at street and beach locations and
other City recreational facilities.
(C) Business shall mean and include all retail,
professional, wholesale and industrial facilities and
any other commercial enterprises offering goods or
services to the public .
(D) Commercial shall mean and include all dwellings
and businesses serviced by an industial container of two
(2) cubic yards capacity or greater.
(E) Containerized business shall mean and include
any business, multi-family dwelling or other structure
whose garbage and/or trash is deposited in an approved
container for removal by the Collector.
(F) Duplex shall mean and include a detached two-
family dwelling designed or intended for occupancy by
two (2) families.
(G) Garbage shall mean and include all waste and
accumulation of animal, fruit or vegetable matter that
attends , or results from the preparation, use, handling,
cooking, serving or storage of meats , fish, fowl, fruit,
vegetable matter, of any nature whatsoever, which is
subject to decay, putrification, and the generation of
noxious and offensive gasses or odors, or which may serve
as breeding or feeding materials for flies and/or other
germ carrying insects.
(H) Hazardous materials shall mean wastes that are
hazardous by reason of their pathological, explosive,
radiological or toxic characteristics.
§ 673.01 GARBAGE & TRASH REMOVAL § 673 .01
(I) Horticultural trash shall mean accumulation of
lawn, grass or shrubbery cuttings or clippings and dry
leaf rakings, palm fronds, small tree braches (shall not
exceed four (4) feet in length and thirty (30) inches in
diameter), bushes or shrubs, green leaf cuttings, coconuts,
fruits or other matter usually created as refuse in the
care of lawns and yards, except large branches, trees or
bulky or non-combustible materials not susceptible to
normal loading.
(J) Individual containers shall mean an individual
twenty (20) or thirty (30) gallon container provided by
the resident for temporary storage of refuse.
(K) Industrial shall mean establishments generating
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 .
(L) Industrial container shall mean a two (2) cubic
yard or larger container which can be emptied by mechanical
means.
(M) Multi-family dwelling shall mean and include any
building or structure containing four (4) or more con-
tiguous living units and intended exclusively for res-
idential use by single persons or families .
(N) Non-containerized business shall mean and include
any dwelling, business, apartment or other structure
whose trash is deposited and collected by means other
than a container.
(0) Refuse shall mean a combination of garbage, horti-
cultural trash and small pieces of materials which are
containerized for routine pickup.
(P) Single-family residence shall mean and include
a detached single-family dwelling designed or intended
for occupancy by one (1) person or by one (1) family.
(Q) Special material shall mean those bulky materials
or other special wastes that are not stored in approved
containers and are not routinely generated in residential
areas.
(R) Trailer parks shall mean and include any group
§ 673.01 GARBAGE & TRASH REMOVAL §673.02
of two (2) or more trailer lots operated as a commercial
business to provide parking for mobile homes as living
units .
(S) Trash shall mean a combination of large
horticultural trash and material which by the nature
of its size cannot be containerized.
(T) Triplex shall mean and include a detached
three (3) family dwelling designed or intended for
occupancy by three (3) families. [Ord. No. 9-78, §1,
16 May 1978]
See Ord. 33-87 Sec 673 .02 Garbage Receptacles to be Provided.
All owners, residents and all occupants of any
residential unit and the owner, user, manager or occupants
of any 'fiultiple dwelling unit, or of any place or business
or commercial establishment with the City are hereby re-
quired to provide a garbage receptacle to hold four (4)
days accumulation of garbage. Sunken garbage receptacles
are specifically prohibited. [Ord. No. 13-85 , §1, 5 Mar 85]
(B) In lieu of individual garbage receptacles, an
industrial container or containers may be used. Said
container shall be provided by the collector and the City
Manager shall first determine whether or not an industrial
container shall be provided to any owner, user, manager
or occupant so requesting an industrial container. Mul-
tiple dwelling units containing less than ten (10) units
may be provided an industrial garbage container at the
discretion of the City Manager. All commercial establish-
ments, establishments other than professional offices or
other offices, shall be required to have mechanical con-
tainers at the discretion of the City Manager.
Single family residences, duplexes and triplexes shall
not be permitted to use industrial 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 a
garbage receptacle or receptacles or industrial container
or containers adequate and sufficient in size to comply
with the terms of this Ordinance. All such receptacles
or containers shall be kept tightly covered at all times
except when it is necessary to lift the cover for disposal
or removal of refuse or to deposit refuse therein.
PAGE REVISED
5 MAR 85
§ 673.02 GARBAGE & TRASH REMOVAL § 673.03
It shall be unlawful for any person to deposit refuse
in such amount in the receptacle or receptacles or in-
dustrial containers that will not permit the cover there-
of to be kept tightly in place. [Ord. No. 9-78, § 2, 16
May 1978]
Sec. 673 . 03 Residential garbage, refuse and trash
pickup conditions .
(A) Residential garbage. All garbage receptacles shall
be located so that they are easily accessible by the
Collector and shall not weigh more than forty (40) lbs .
No collection of garbage will be made by the Collector
within any fenced-in yard, closed enclosure, or where the
collector would be exposed to a potentially vicious animal.
It shallbe the responsibility of all owners and residents
and all occupants of single or multiple family dwelling
units with such fenced-in yards or enclosed areas to
place the garbage receptacles in an area which is easily
accessible to the collector on collection days.
(B) Residential trash or rubbish collections. Horti-
cultural trash, household trash and rubbish collections
will be made at the front property line adjacent to the
street. Accumulations of grass, leaves, greenleaf cuttings,
fruits and similar loose materials shall be placed in bags,
boxes or otherwise containerized for ease in handling.
Collector shall be required to pick up no more than one
large piece of furniture or appliance per residential
dwelling unit at any regular pickup. Accumulations in
excess of this requirement shall be collected as other-
wise provided in this Chapter.
(C) Location of garbage receptacles . Garbage recep-
tacles 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 con-
ditions . 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. No garbage receptacle or industrial container
shall be placed on any City right-of-way, except for
immediate pickup. The City Manager may make an exception
to location of an industrial container or garbage recep-
tacle on any City right-of-way, in writing. Industrial
containers shall not be placed in such manner as to hinder
the closing of container lids.
§ 673 .03 GARBAGE & TRASH REMOVAL § 673.06
(D) Obstruction. It shall be unlawful for any person
to park a motor vehicle in such a way that the collector
cannot service industrial containers or otherwise block
access to such containers .
(E) It shall be unlawful for a person to place refuse
in a container assigned to another address, without writ-
ten permission of the owner. [Ord. No. 9-78 , § 3 , 16 May
1978]
Sec. 673 . 04 Burning or burying of garbage and horti-
cultural trash, household trash and rubbish. It shall
be unlawful for any person to bury garbage, horticultural
trash, household trash or rubbish which is or is reasonably
likely to become a nuisance or menace or threat to the
health of residents within the City. No such garbage,
horticultural trash, household trash or rubbish shall be
burned within the corporate limits of the City of Cape
Canaveral, unless approval has first been obtained from
the City Manager. [Ord. No. 9-78, § 4 , 16 May 1978]
Sec. 673 . 05 Proper disposal of garbage and refuse as
a prerequisite to collection. No removal or collection
of garbage and refuse shall be required by the Collector
from any premises within the City, unless the garbage and
refuse is deposited in a proper receptacle as herein de-
fined, and the owner or occupant or person responsible
for using said premises shall be prosecuted for non-compli-
ance. [Ord. No. 9-78 , § 5 , 16 May 1978]
Sec. 673 . 06 Unlawful accumulation. It shall further
be unlawful and a violation of this Chapter for the owner
and/or occupant or manager or person responsible for any
land or premises to permit, suffer, allow, either by
commission or omission any accumulation of garbage, horti-
cultural trash, household trash and rubbish, or industrial
waste, upon premises or property within the City of Cape
Canaveral for a period longer than four (4) days without
having arranged for disposal of said accumulation by the
Collector to perform such services and it shall be unlaw-
ful and a violation of this Chapter for any person, whether
owner, manager or occupant of any premises, to ,fail to
provide a sufficient number of containers or receptacles
per unit as provided herein, to amply provide for any four
(4) day period of garbage, horticultural trash, household
trash or rubbish. Nothing herein contained shall prevent
the owner or occupant, manager or person responsible for
said premises to remove accumulations of horticultural
§ 673. 06 GARBAGE & TRASH REMOVAL § 673.10 353
trash, household trash or rubbish or industrial waste,
himself, to a proper place of disposal. In the event
that removal of excess accumulations are arranged with
the Collector, the rate charged by the Collector shall
be negotiated and shall be paid in advance as may be
required by the Collector. [Ord. No. 9-78 , § 6, 16 May
1978]
Sec. 673. 07 Unlawful disposal. It shall be unlawful
to deposit or dispose of garbage, horticultural trash,
household trash, rubbish or industrial waste upon the
premises of another, or upon any street, alley, parkway
or other public property, or any canal, ditch, water,
waterway, river, ocean, sandbed, pool, pond or the like,
within the City, or in the receptacle of another, except
that tenants of multiple dwellings or businesses, where
authorized, may deposit such accumulations in receptacles
upon which the owner or manager of said multiple dwelling,
apartment or business building has authorized for the
use of the tenants by the owner or manager thereof. [Ord.
No. 9-78, § 7, 16 May 1978]
Sec. 673 . 08 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, horticultural trash, household trash,
rubbish or industrial waste through or over the public
streets or alleys of the City, except as otherwise pro-
vided in Section 673. 06 hereof. This provision shall be
literally construed to protect the public health, safety
and general welfare. [Ord. No. 9-78 , § 8 , 16 May 1978]
Sec. 673 . 09 Complaint procedure. The Collector is
obligated to promptly respond to all complaints concern-
ing 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. [Ord. No. 9-78, § 9 , 16 May 1978]
Sec . 673. 10 Penalties . Any person who fails to
comply with this ordinance or who violates the same, or
who creates or maintains garbage, horticultural trash,
household trash or rubbish, shall be considered as having
violated this Chapter, and upon conviction in a court of
competent jurisdiction, shall be punished by a fine not
to exceed $250 . 00 or imprisonment not to exceed ten (10)
days, or by both such fine and imprisonment. [Ord. No.
9-78 , § 10, 16 May 1978]
§673.11 GARBAGE & TRASH REMOVAL §673.11
Sec. 673.11 Schedule of Fees.
A . Owner of any residence or commercial building
within the City of Cape Canaveral , Florida , shall pay
fees as established by the City Council. The schedule
of fees is subject to revision from time to time as may
be necessary. All revisions shall be done by Reso-
lution.
B. Failure of users to pay fees within thirty ( 30)
days of the billing date shall be a violation of this
Chapter . In addition, the City shall have the right to
seek enforcement and collection of the overdue fee
through civil proceedings in a court of competent
jurisdiction, including a reasonable attorney ' s fee and
costs, if such civil action is necessary.
C . All fees becoming due and payable on or after the
effective date of this chapter shall constitute and are
hereby imposed as a special assessment lien against the
real property and personal property aforesaid , and
until fully paid and discharged, shall remain liens
equal in dignity with the City ' s ad valorem taxes , and
superior in rank and dignity to all liens, encum-
brances, titles and claims in , to or against the real
property involved. Such fees shall become delinquent
if not fully paid within thirty (30 ) days after the due
date . All delinquent service charges shall bear a
penalty equal to ten percent (10% ) of such fees due and
penalty shall be added thereto as a late charge .
Unpaid delinquent service charges , together with all
penalties imposed thereon shall remain and constitute
special assessment liens against the real and personal
properties involved. Such special assessment liens for
garbage fees and penalties shall be enforced by any of
the methods provided in Chapter 86 , Florida Statutes,
or in the alternative, foreclosure proceedings may be
instituted and prosecuted under the provisions of
Chapter 173 Florida Statutes , or the collection and
enforcement of payment thereof may be accomplished by
any other method authorized by law.
D . In addition to the collection procedure and
foreclosure procedure established in the preceding
subsections, the City Manager is hereby empowered to
PAGE REVISED
AUG 87
§673.11 GARBAGE & TRASH REMOVAL §673.13 355
discontinue water and/or sewer service to the owner of
any residence , commercial buildings or establishment
who fail to pay the monthly garbage charge as provided
for in this subsection.
E. Each condominium association within the City of
Cape Canaveral will be responsible for the monthly
condominium garbage fee provided herein . [ Ord . No.
9-78, §11, 16 May 78; Ord. No. 21-84, §1, 2 Oct 84 ]
Sec . 673 . 12 Authority of City to Collect. Nothing
contained in this Chapter shall be construed to prevent
the City from creating or acting as its own garbage
and/or trash collection or disposal service or
facility, either independently, exclusively or in con-
junction with others. [Ord. No. 9-78, §12, 16 May 78 ]
Sec . 673 . 13 Legislative Intent. If this Chapter or
any section hereof, 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 shall not affect the
legality of the remainder of this Chapter . [Ord . No.
9-78, §13 , 16 May 78 ]
PAGE REVISED
AUG 87
Codified Jan 80
§ 673. 03 GARBAGE & TRASH REMOVAL § 673 . 06
(D) Obstruction. It shall be unlawful for any person
to park a motor vehicle in such a way that the collector
cannot service industrial containers or otherwise block
access to such containers .
(E) It shall be unlawful for a person to place refuse
in a container assigned to another address , without writ-
ten permission of the owner. [Ord. No. 9-78 , § 3 , 16 May
1978]
Sec. 673 . 04 Burning or burying of garbage and horti-
cultural trash, household trash and rubbish. It shall
be unlawful for any person to bury garbage, horticultural
trash, household trash or rubbish which is or is reasonably
likely to become a nuisance or menace or threat to the
health of residents within the City. No such garbage,
horticultural trash, household trash or rubbish shall be
burned within the corporate limits of the City of Cape
Canaveral , unless approval has first been obtained from
the City Manager. [Ord. No. 9-78 , § 4 , 16 May 1978]
Sec. 673. 05 Proper disposal of garbage and refuse as
a prerequisite to collection. No removal or collection
of garbage and refuse shall be required by the Collector
from any premises within the City, unless the garbage and
refuse is deposited in a proper receptacle as herein de-
fined, and the owner or occupant or person responsible
for using said premises shall be prosecuted for non-compli-
ance. [Ord. No. 9-78 , § 5 , 16 May 1978]
Sec. 673 . 06 Unlawful accumulation. It shall further
be unlawful and a violation of this Chapter for the owner
and/or occupant or manager or person responsible for any
land or premises to permit, suffer, allow, either by
commission or omission any accumulation of garbage, horti-
cultural trash, household trash and rubbish, or industrial
waste, upon premises or property within the City of Cape
Canaveral for a period longer than four (4) days without
having arranged for disposal of said accumulation by the
Collector to perform such services and it shall be unlaw-
ful and a violation of this Chapter for any person, whether
owner, manager or occupant of any premises , to ,fail to
provide a sufficient number of containers or receptacles
per unit as provided herein, to amply provide for any four
(4) day period of garbage, horticultural trash, household
trash or rubbish. Nothing herein contained shall prevent
the owner or occupant, manager or person responsible for
said premises to remove accumulations of horticultural
§ 673.06 GARBAGE & TRASH REMOVAL § 673.095 353
trash, household trash or rubbish or industrial waste,
himself , to a proper place of disposal. In .the event
that removal of excess accumulations are arranged with
the Collector, the rate charged by the collector shall
be negotiated and shall be paid in advance as may be
required by the Collector. [Ord. No. 9-78 , 5 6, 16 May
78]
Sec. 673 .07 Unlawful disposal . It shall be
unlawful to deposit or dispose of garbage, horticult-
ural trash, household trash, rubbish or industrial
waste upon the premises of another , or upon any
street, alley, parkway or other public property, or any
canal, ditch, water , waterway, river, ocean, sandbed ,
pool, pond or the like within the City or in the recept-
acle of another, except that tenants of multiple
dwellings or businesses, where authorized, may deposit
such accumulations in receptacles upon which the owner
or manager of said multiple dwelling , apartment or busi-
ness building has authorized for the use of the tenants
by the owner or manager thereof. [Ord. No. 9-78, § 7,
16 May 78 ]
Sec. 673 . 08 Transfer of garbage or trash over
public streets. Unless a person shall have been specif-
ically authorized and licensed by resolution of the
governing body to do so , it shall he unlawful for any
person to transport garbage, horticultural trash, house-
hold trash, rubbish or industrial waste through or... over
the public streets or alleys of the City, except as
otherwise provided in Section 673 . 06 hereof. This pro-
vision shall he literally construed to protect the
public health, safety and general welfare . , [Ord. No.
9-78, § 8 , 16 May 78]
Sec. 673 . 09 Complaint procedure. The Collector is
obligated to promptly respond to all complaints concern-
ing 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. [Ord. No . 9-78, § 9 , 16 May 78 ]
Sec. 673 .095 Garbage to be Property of City. Owner-
ship of garbage and trash set out for collection shall
be vested in the City. It shall be unlawful for any
person other than the authorized collection agency to
PAGE REVISED
17 OCT 89
354 § 673.095 GARBAGE & TRASH REMOVAL § 673.11
disturb, scatter, spread about, or remove any garbage
and trash set out for collection. Law enforcement
agencies and their personnel when within the scope of
their employment are exempt from the provisions of this
Section. [Ord. No. 16-89 , 5 1 & 2, 17 Oct 89 ]
Sec. 673 . 10 Penalties . Any person who fails to
comply with this ordinance or who violates the same, or
who creates or maintains garbage, horticultural trash,
household trash or rubbish, shall be considered as
having violated this Chapter , and upon conviction in a
court of competent jurisdiction, shall be punished by a
fine not to exceed $250 .00 or imprisonment not to ex-
ceed ten ( 10) days, or by both such fine and
imprisonment . [Ord. No. 9-78 , § 10, 16 May 78 ]
Sec. 673 . 11 Schedule of Fees.
A. Owner of any residence or commercial building
within the City of Cape Canaveral , Florida, shall pay
fees as established by the City Council . The schedule
of fees is subject to revision from time to time as may
be necessary. All revisions shall be done by Resolut-
ion.
B. Failure of users to pay fees within thirty ( 30)
days of the billing date shall be a violation of this
Chapter. In addition, the City shall have the right to
seek enforcement and collection of the overdue fee
through civil proceedings in a court of competent juris-
diction, including a reasonable attorney' s fee and
costs, if such civil action is necessary.
C. All fees becoming due and payable on or after the
effective date of this chapter shall constitute and are
hereby imposed as a special assessment lien against the
real property and personal property aforesaid, and un-
til fully paid and discharged, shall remain liens equal
in dignity with the City' s ad valorem taxes, and
superior in rank and dignity to all liens, encum-
brances, titles and claims in, to or against the real
property involved. Such fees shall become delinquent
if not fully paid within thirty ( 30) days after the due
date. All delinquent service charges shall bear a pen-
alty equal to ten percent ( 10% ) of such fees due and
penalty shall be added thereto as a late charge.
PAGE REVISED
17 OCT 89
355 § 673.11 GARBAGE & TRASH REMOVAL § 673.13
Unpaid delinquent service charges , together with all
penalties imposed thereon shall remain and constitute
special assessment liens against the real and personal
properties involved. Such special assessment liens for
garbage fees and penalties shall be enforced by any of
the methods provided in Chapter 86, Florida Statutes,
or in the alternative, foreclosure proceedings may be
instituted and prosecuted under the provisions of
Chapter 173 Florida Statutes , or the collection and
enforcement of payment thereof may be accomplished by
any other method authorized by law.
D. In addition to the collection procedure and fore-
closure procedure established in the preceding
subsections, the City Manager is hereby empowered to
discontinue water and/or sewer service to the owner of
any residence, commercial buildings or establishment
who fail to pay the monthly garbage charge as provided
for in this subsection.
E . Each condominium association within the City of
Cape Canaveral will be responsible for the monthly
condominium garbage fee provided herein. [Ord. No. 9-
78 , §11 , 16 May 78 ; Ord. No. 21-84, § 1 , 2 Oct 84 ]
Sec. 673. 12 Authority of City to Collect. Nothing
contained in this Chapter shall be construed to prevent
the City from creating or acting as its own garbage
and/or trash collection or disposal service or facil-
ity, either independently, exclusively or in conjunct-
ion with others . [Ord. No. 9-78, § 12 , 16 May 78 ]
Sec. 673 . 13 Legislative Intent. If this Chapter or
any section hereof, 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 shall not affect the legal-
ity of the remainder of this Chapter. [Ord. No. 9-78,
§ 13 , 16 May 78 ]
PAGE REVISED
17 OCT 89
To be codified
Codifed Jan 90
History File
ORDINANCE NO. 16-89
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 673 , GARBAGE AND
TRASH REMOVAL, TO PROVIDE FOR OWNER-
SHIP OF GARBAGE AND TRASH TO BE
VESTED IN THE CITY; PROVIDING UNAU-
THORIZED COLLECTION; PROVIDING AN
EXEMPTION FOR LAW ENFORCEMENT PERSON-
NEL, PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1 . Section 673 . 095 is hereby established as
follows:
Garbage to be Property of City - Ownership of
garbage and trash set out for collection shall
be vested in the City. It shall be unlawful for
any person other than the authorized collection
agency to disturb, scatter, spread about, or
remove any garbage and trash set out for
collection. Law Enforcement agencies and their personnel
when within the scope of their employment are exempt from the
provisions of this Section. [Ord. No. 16-89, §1&2, 17 Oct 89]
SECTION 3. All portions of the Code in conflict herewith
are hereby repealed.
SECTION 4 . This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 17th day of October , 1989.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
First Reading: 10-3-89
Posted: 10-4-89
Advertised: 10-5-89
Second Reading: 10-17-89
NAME YES NO
HOOG YES
KIDD YES
RANDELS Absent
SALAMONE YES
THURM YES
§ 6 7 3. 0 6 GARBAGE & TRASH REMOVAL § 673. 10 353
'3
trash, household trash or rubbish or industrial waste,
himself, to a proper place of disposal . In the event
that removal of excess accumulations are arranged with
the Collector, the rate charged by the Collector shall
be negotiated and shall be paid in advance as may be
required by the Collector. [Ord. No. 9-78 , § 6 , 16 May
1978]
Sec. 673 . 07 Unlawful disposal . It shall be unlawful
to deposit or dispose of garbage , horticultural trash,
household trash, rubbish or industrial waste upon the
premises of another, or upon any street, alley, parkway
or other public property, or any canal , ditch, water,
waterway, river, ocean, sandbed, pool , pond or the like,
within the City, or in the receptacle of another, except
that tenants of multiple dwellings or businesses , where
authorized, may deposit such accumulations in receptacles
upon which the owner or manager of said multiple dwelling,
apartment or business building has authorized for the
use of the tenants by the owner or manager thereof. [Ord.
No. 9-78 , § 7, 16 May 1978]
Sec. 673 . 08 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, horticultural trash, household trash,
rubbish or industrial waste through or over the public
streets or alleys of the City, except as otherwise pro-
vided in Section 673. 06 hereof. This provision shall be
literally construed to protect the public health, safety
and general welfare. [Ord. No. 9-78 , § 8 , 16 May 1978]
Sec. 673 . 09 Complaint procedure. The Collector is
obligated to promptly respond to all complaints concern-
ing 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. [Ord. No. 9-78, § 9 , 16 May 1978]
Add Section 673.095 from Ord 16-89 here
Sec. 673.10 Penalties . Any person who fails to
comply with this ordinance or who violates the same, or
who creates or maintains garbage, horticultural trash,
household trash or rubbish, shall be considered as having
violated this Chapter, and upon conviction in a court of
competent jurisdiction, shall be punished by a fine not
to exceed $250. 00 or imprisonment not to exceed ten (10)
days, or by both such fine and imprisonment. [Ord. No.
9-78 , § 10 , 16 May 1978]
PAGE REVISED
17 Oct 89
§673.11 GARBAGE & TRASH REMOVAL §673.11
Sec. 673. 11 Schedule of Fees.
A . Owner of any residence or commercial building
within the City of Cape Canaveral , Florida , shall pay
fees as established by the City Council. The schedule
of fees is subject to revision from time to time as may
be necessary. All revisions shall be done by Reso-
lution.
B. Failure of users to pay fees within thirty ( 30 )
days of the billing date shall be a violation of this
Chapter . , In addition, the City shall have the right to
seek enforcement and collection of the overdue fee
through civil proceedings in a court of competent
jurisdiction, including a reasonable attorney ' s fee and
costs, if such civil action is necessary.
C . All fees becoming due and payable on or after the
effective date of this chapter shall constitute and are
hereby imposed as a special assessment lien against the
real property and personal property aforesaid , and
until fully paid and discharged, shall remain liens
equal in dignity with the City ' s ad valorem taxes , and
superior in rank and dignity to all liens, encum-
brances, titles and claims in , to or against the real
property involved. Such fees shall become delinquent
if not fully paid within thirty (30 ) days after the due
date . All delinquent service charges shall bear a
penalty equal to ten percent ( 10% ) of such fees due and
penalty shall be added thereto as a late charge .
Unpaid delinquent service charges , together with all
penalties imposed thereon shall remain and constitute
special assessment liens against the real and personal
properties involved. Such special assessment liens for
garbage fees and penalties shall be enforced by any of
the methods provided in Chapter 86 , Florida Statutes,
or in the alternative , foreclosure proceedings may be
instituted and prosecuted under the provisions of
Chapter 173 Florida Statutes , or the collection and
enforcement of payment thereof may be accomplished by
any other method authorized by law.
D . In addition to the collection procedure and
foreclosure procedure established in the preceding
subsections, the City Manager is hereby empowered to
PAGE REVISED
17 Oct 89
§673. 11 GARBAGE & TRASH REMOVAL §673. 13 355
discontinue water and/or sewer service to the owner of
any residence, commercial buildings or establishment
who fail to pay the monthly garbage charge as provided
for in this subsection.
E. Each condominium association within the City of
Cape Canaveral will be responsible for the monthly
condominium garbage fee provided herein . [ Ord. No.
9-78, §11, 16 May 78; Ord. No. 21-84, §1, 2 Oct 84 ]
Sec . 673 . 12 Authority of City to Collect. Nothing
contained in this Chapter shall be construed to prevent
the City from creating or acting as its own garbage
and/or trash collection or disposal service or
facility, either independently, exclusively or in con-
junction with others. [Ord. No. 9-78, §12, 16 May 78 ]
Sec . 673 . 13 Legislative Intent. If this Chapter or
any section hereof, 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 shall not affect the
legality of the remainder of this Chapter . [Ord. No.
9-78, §13, 16 May 78 ]
PAGE REVISED
17 Oct 89
Codified 11-88
ORDINANCE NO. 33-87
AN ORDINANCE AMENDING CHAPTER 673,
GARBAGE AND TRASH REMOVAL OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE
CANAVERAL , BREVARD COUNTY, FLORIDA
BY AMENDING SECTION 673 . 02, GARBAGE
RECEPTACLES TO BE PROVIDED; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. Section 673.02 , Garbage Receptacles to be Provid-
ed, Paragraph (A) is hereby deleted in its entirety and replaced
with the following:
Sec. 673.02
A. All owners, residents and all occupants of any
residential unit and the owner, user, manager or occu-
pants of any multiple dwelling unit, or of any place of
business or commercial establishment within the City
of Cape Canaveral are hereby required to provide a
garbage receptacle to hold four ( 4 ) days accumulation
of garbage. Sunken garbage receptacles are specific-
ally prohibited. No loose garbage shall be placed in
containers or receptacles; all garbage shall be wrapped
or inserted in a plastic or paper bag before being
placed in garbage receptacles or containers.
SECTION 2 . All portions of the Code in conflict herewith
are hereby repealed.
SECTION 3 . This Ordinance shall become effective immediate-
ly upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 1st day of December , 1987.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved As To Form:
[signature]
City Attorney
First Reading: 11-17-87
Posted: 11-18-87
Advertised: 11-19-87
Second Reading: 12-01-87
NAME YES NO
HOOG YES
KIDD YES
LEE YES
MILLER YES
RANDELS YES
History File 673
Sec. 673. 02 Garbage Receptacles to be Provided.
(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 the are hereby required to provide
a garbage receptacle to hold four (4) days accumulation of garbage.
Sunken garbage receptacles are specifically prohibited. No loose
garbage shall be placed in containers or receptacles; all garbage
shall be wrapped or inserted in a plastic bag or paper bag before
being placed in garbage receptacles or containers.
Codified 1987
354 § 673.11 GARBAGE & TRASH REMOVAL § 673.11
Sec. 673. 11 (A) Schedule of Fees. Owner of any
residence or commercial building within the City of
Cape Canaveral, Florida, shall pay collection fees as
established by the City Council.
(B) Failure of users to pay fees
within thirty (30 ) days of the
billing date shall be a violation of this Chapter. In
addition, the City shall have the right to seek enforce-
ment and collection of the overdue fee through civil
proceedings in a court of competent jurisdiction,
including a reasonable attorney' s fee and costs, if
such civil action is necessary.
PAGE REVISED
7 MAY 85
§ 6 7 3 . 11 GARBAGE & TRASH REMOVAL $ 673 . 12
3
(C) All fees becoming due and payable on or after the
effective date of this chapter shall constitute and are
hereby imposed as a special assessment lien against the
real property and personal property aforesaid, and until
fully paid and discharged, shall remain liens equal in
dignity with the City' s ad valorem taxes , and superior in
rank and dignity to all liens , encumbrances , titles and
claims in, to or against the real property involved. Such
fees shall become delinquent if not fully paid within thirty
(30) days after the due date. All delinquent service charges
shall bear a penalty equal to ten percent (10%) of such
fees due and penalty shall be added thereto as a late charge.
Unpaid delinquent service charges , together with all penal-
ties imposed thereon shall remain and constitute special
assessment liens against the real and personal properties
involved. Such special assessment liens for garbage fees
and penalties shall be enforced by any of the methods provided
in Chapter 86 , Florida Statutes , or in the alternative,
foreclosure proceedings may be instituted and prosecuted
under the provisions of Chapter 173 Florida Statutes , or
the collection and enforcement of payment thereof may be
accomplished by any other method authorized by law.
(D) In addition to the collection procedure and fore-
closure procedure established in the preceding subsections,
the City Manager is hereby empowered to discontinue water
and/or sewer service to the owner of any residence , com-
mercial buildings or establishment who fails to pay the
monthly garbage charge as provided for in this subsection.
(E) Each condominium association within the City of
Cape Canaveral will be responsible for the monthly condo-
minium garbage fee provided herein. [Ord. No. 9-78 , § 11 ,
16 May 1978; Ord. No. 21-84 , 2 Oct 1984]
Sec. 673 . 12 Authority of City to Collect. Nothing
contained in this Chapter shall be construed to prevent
the City from creating or acting as its own garbage and/or
trash collection or disposal service or facility, either
independently, exclusively or in conjunction with others .
[Ord. No. 9-78 , § 12 , 16 May 1978]
PAGE REVISED
2 OCT 84
356 § 673. 13 GARBAGE & TRASH REMOVAL § 673 .13
Sec. 673. 13 Legislative intent. If this Chapter or
any section hereof, 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 shall not affect the legality
of the remainder of this Chapter. [Ord. No. 9-78 , § 13,
16 May 1978]
§ 673.11 GARBAGE & TRASH REMOVAL § 673.11
[the rest of the page is crossed out]
Codified Feb 86
Chapter 673
RESOLUTION NO. 85-27
A RESOLUTION ESTABLISHING A NEW SCHEDULE OF
RATES FOR GARBAGE AND TRASH COLLECTION WITHIN
THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, there is an agreement between the City of Cape
Canaveral, Florida and Western Waste Industries, Inc. , dated
February 19 , 1985 , which provides for reconsideration of the
schedule of charges based upon the adjustments and any change
in Consumer Price Index to a maximum of ten percent (10%) , and
WHEREAS, the Consumer Price Index for the previous year
has changed;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Cape Canaveral, Florida, as follows:
SECTION 1 . The rate schedule as set out in Resolution 83-22
is hereby recinded, and the following new rate schedule is
established:
1. Single family, duplexes & triplexes $ 6. 23 per unit
per month
2. Mobile home units & Individual apart- 4. 21 per unit
ments or condominiums per month
3. Individual commercial business accounts 7 .58 per unit
with trash cans per month
4. Commercial dumpsters used by commercial 18 . 87 per container-
business , apartment complexes and ized yard
condominiums per month
5. Special collection services in addition 2 . 69 per container
to the normally provided twice weekly yard per
service for commercial dumpsters as pick-up
provided in paragraph "4" above
SECTION 2:OA seventy cent ( .70) processing charge will be
added to each bill each month to cover the costs of handling and
'mailing the bills by the City of Cape Canaveral.
SECTION 3. This Resolution shall become effective commencing
with the June 1 , 1985 billing, which covers May services.
RESOLUTION NO. 85-27
PAGE 1 OF 2
§ 673.11 GARBAGE & TRASH MI MI,, § 673.11
Sec. 673 . 11 (A) Schedule of Fees. Owner of any
residence or commercial building within the City of
Cape Canaveral, Florida, shall pay the following fee
as provided for in Section 673. 02 hereof:
(6) Items requiring special handling due to size,
weight, type of material or method of placement, at
a price to be negotiated between the collector and
customer prior to collection.
(7) Rates for services not provided for in this
Chapter shall be determined by the City Manager,
based on rates provided herein for similar types of
services.
(8) A 25 cent billing charge shall be added to each
bill sent by the City.
Sec. 201 Res 85-27 The above schedule of fees is subject to revision
from time to time as may be necessary, and all subsequent
revisions shall be by resolution of the City Council of
the City of Cape Canaveral. [Current rates adopted by
Res No. 85-27, date]
(B) Failure of users to pay for fees in the pre-
ceding subsection within thirty (30) days of the billing
date shall be a violation of this Chapter. In addition,
the City shall have the right to seek enforcement and
collection of the overdue fee through civil proceedings
in a court of competent jurisdiction, including a reason-
able attorney' s fee and costs, if such civil action is
necessary.
Codified Mar 1985
ORDINANCE NO. 13-85
AN ORDINANCE AMENDING CHAPTER 673 , "GARBAGE
AND TRASH REMOVAL", OF THE CODE OF ORDINANCES
OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY
PROHIBITING THE USE OF SUNKEN GARBAGE RECEPTACLES;
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral , Florida, as follows:
SECTION 1 . Chapter 673 , "Gargage and Trash Removal" , of
the Code of Ordinances of the City of Cape Canaveral, Florida,
is hereby amended by adding the following sentence at the end
of Section 673 . 02 (A) Garbage Receptacles to be Provided:
"Sunken garbage receptacles are specifically prohibited" .
SECTION 2 . All portions of the code in conflict herewith
are hereby repealed.
SECTION 3 . This Ordinance shall take effect immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral ,
Florida, this 5th day of March , 1985.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
First Reading: 2-19-85
Posted: 2-20-85
Advertised: 2-23-85
Second Reading: 3-5-85
NAME YES NO
FISCHETTI YES
MARCHETTI YES
NICHOLAS YES
RUTHERFORD YES
WINCHESTER YES
§ 673.01 GARBARGE & TRASH REMOVAL § 673.02
of two (2) or more trailer lots operated as a commercial
business to provide parking for mobile homes as living
units.
(S) Trash shall mean a combination of large horti-
cultural trash and material which by the nature of its
size cannot be containerized.
(T) Triplex shall mean and include a detached three
(3) family dwelling designed or intended for occupancy
by three (3) families. [Ord. No. 9-78 , § 1, 16 May 1978]
Sec. 673.02 Garbage receptacles to be provided.
(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 the City are hereby re-
quired to provide a garbage receptacle to hold four (4)
days accumulation of garbage. Sunken garbage
receptables are specifically prohibited. [Ord. No. 13-85, §1, 5 Mar 85]
(B) In lieu of individual garbage receptacles, an
industrial container or containers may be used. Said
container shall be provided by the collector and the City
Manager shall first determine whether or not an industrial
container shall be provided to any owner, user, manager
or occupant so requesting an industrial container. Mul-
tiple dwelling units containing less than ten (10) units
may be provided an industrial garbage container at the
discretion of the City Manager. All commercial establish-
ments, establishments other than professional offices or
other offices shall be required to have mechanical con-
tainers at the discretion of the City Manager.
Single family residences, duplexes and triplexes shall
not be permitted to use industrial 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 multi-
ple dwelling is furnished or supplied with a garbage
receptacle or receptacles or industrial container or
containers adequate and sufficient in size to comply
with the terms of this ordinance. All such receptacles
or containers shall be kept tightly covered at all times
except when it is necessary to lift the cover for dis-
posal or removal of refuse or to deposit refuse therein.
PAGE REVISED
5 MAR 85
Codified Mar 85
ORDINANCE NO. 21-84
AN ORDINANCE AMENDING CHAPTER 673 , "GARBAGE AND
TRASH REMOVAL" OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE CANAVERAL, FLORIDA, BY REPEALING
SECTION 673 . 11 (C) IN ITS ENTIRETY AND REPLACING
WITH A NEW SECTION 673 . 11 (C) ; ESTABLISHING
CHARGES FOR LATE PAYMENTS ON GARBAGE AND TRASH
BILLS; REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral , Florida , as follows:
SECTION 1. Chapter 673 "Garbage and Trash Removal" , of the
Code of Ordinances of the City of Cape Canaveral , Florida, is
hereby amended by repealing Section 673 . 11 (C) and replacing it
with the following:
Section 673.11 (C) All fees becoming due and payable on or
after the effective date of this chapter shall constitute and
are hereby imposed as a special assessment lien against
the real property and personal property aforesaid, and until
fully paid and discharged, shall remain liens equal in dignity
with the City's ad valorem taxes , and superior in rank and
dignity to all liens , encumbrances , titles and claims in, to
or against the real property involved. Such fees shall become
delinquent if not fully paid within thirty (30) days after the
due date. All delinquent service charges shall bear a
penalty equal to ten percent (10%) of such fees due and
penalty shall be added thereto as a late charge. Unpaid
delinquent service charges , together with all penalties imposed
thereon shall remain and constitute special assessment liens
against the real and personal properties involved. Such
special assessment liens for garbage fees and penalties shall
be enforced by any of the methods provided in Chapter 86 ,
Florida Statutes, or in the alternative, foreclosure proceedings
may be instituted and prosecuted under the provisions of
Chapter 173 Florida Statutes , or the collection and enforcement
of payment thereof may be accomplished by any other method
authorized by law.
SECTION 2 . All portions of the code in conflict herewith are
hereby repealed.
SECTION 3 . This Ordinance shall take effect immediately upon
its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 2nd day of October , 1984.
[signature]
Mayor
ATTEST:
[signature]
Acting City Clerk
Approved as to Form:
[signature]
City Attorney
NAME YES NO
CALVERT YES
FISCHETTI [didn't vote]
NICHOLAS YES
RUTHERFORD YES
WINCHESTER YES
Permission to Advertise: 9-4-84
First Reading: 9-18-84
Posted: 9-6-84
Advertised: 9-14-84
Second Reading: 10-2-84
§ 6 7 3. 11 GARBAGE & TRASH REMOVAL § 673 . 12 3
Copy from Ord.
closure procedure established in the preceding subsections ,
the City Manager is hereby empowered to discontinue water
and/or sewer service to the owner of any residence, com-
mercial buildings or establishment who fails to pay tht,
monthly garbage charge as provided for in this subsection.
(E) Each condominium association within the City of
Cape Canaveral will be responsible for the monthly condo-
minium garbage fee provided herein. [Ord. No. 9-78, § 11,
16 May 1978; Ord. No. 21-84, §1, 2 Oct 1984]
Sec. 673 .12 Authority of City to Collect. Nothing
contained in this Chapter shall be construed to prevent
the City from creating or acting as its own garbage and/or
trash collection or disposal service or facility, either
independently, exclusively or in conjunction with others .
[Ord. No. 9-78, § 12, 16 May 1978]
PAGE REVISED 2 OCT 84
ORDINANCE NO. 13-85
AN ORDINANCE AMENDING CHAPTER 673 , "GARBAGE
AND TRASH REMOVAL" , OF THE CODE OF ORDINANCES
OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY
PROHIBITING THE USE OF SUNKEN GARBAGE RECEPTACLES;
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral , Florida, as follows :
SECTION 1 . Chapter 673 , "Gargage and Trash Removal" , of
the Code of Ordinances of the City of Cape Canaveral, Florida,
is hereby amended by adding the following sentence at the end
of Section 673 . 02 (A) Garbage Receptacles to be Provided:
"Sunken garbage receptacles are specifically prohibited" .
SECTION 2 . All portions of the code in conflict herewith
are hereby repealed.
SECTION 3 . This Ordinance shall take effect immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 5th day of March , 1985.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
First Reading: 2-19-85
Posted: 2-20-85
Advertised: 2-23-85
Second Reading: 3-5-85
NAME YES NO
FISCHETTI YES
MARCHETTI YES
NICHOLAS YES
RUTHERFORD YES
WINCHESTER YES
§ 673 . 01 GARBARGE & TRASH REMOVAL § 673. 02
of two (2) or more trailer lots operated as a commercial
business to provide parking for mobile homes as living
units.
(S) Trash shall mean a combination of large horti-
cultural trash and material which by the nature of its
size cannot be containerized.
(T) Triplex shall mean and include a detached three
(3) family dwelling designed or intended for occupancy
by three (3) families . [Ord. No. 9-78 , § 1, 16 May 1978]
Sec. 673 . 02 Garbage receptacles to be provided.
(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 the City are hereby re-
quired to provide a garbage receptacle to hold four (4)
days accumulation of garbage. Sunken garbage receptacles
are specifically prohibited. [Ord. No. 13-85, §1, 5 Mar 85]
(B) In lieu of individual garbage receptacles, an
industrial container or containers may be used. Said
container shall be provided by the collector and the City
Manager shall first determine whether or not an industrial
container shall be provided to any owner, user, manager
or occupant so requesting an industrial container. Mul-
tiple dwelling units containing less than ten (10) units
may be provided an industrial garbage container at the
discretion of the City Manager. All commercial establish-
ments, establishments other than professional offices or
other offices shall be required to have mechanical con-
tainers at the discretion of the City Manager. I Via,
Single family residences, duplexes and triplexes shall x
not be permitted to use industrial containers. r
(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 multi-
ple dwelling is furnished or supplied with a garbage
receptacle or receptacles or industrial container or
containers adequate and sufficient in size to comply
with the terms of this ordinance. All such receptacles
or containers shall be kept tightly covered at all times
except when it is necessary to lift the cover for dis
posal or removal of refuse or to deposit refuse therein.
PAGE AMENDED 5 Mar 85
§ 673. 01 GARBAGE & TRASH § 673.01
CHAPTER 673
GARBAGE AND TRASH REMOVAL
Sec. 673. 01 Definitions : For the
purpose of this Chapter, the following
words and terms shall have the follow-
ing meanings:
(A) Approved Container shall mean
industrial containers as defined herein,
and trash cans provided by customer
and acceptable to the City.
(B) Bulk Container shall mean a
fifty-five (55) gallon drum supplied
by the City for temporary storage of
refuse or trash at street and beach
locations and other City recreational
facilities .
(C) Business shall mean and include
all retail , professional, wholesale
and industrial facilities and any
other commercial enterprises offering
goods or services to the public.
(D) Commercial shall mean and include
all dwellings and businesses serviced
by an industrial container of two (2)
cubic yards capacity or greater.
(E) Containerized business shall
mean and include any business, multi-
family dwelling or other structure
whose garbage and/or trash is deposited
in an approved container for removal
by the Collector.
§ 673.01 GARBAGE & TRASH § 673.01
(F) Duplex shall mean and include a
detached two-family dwelling designed
or intended for occupancy by two (2)
families.
(G) Garbage shall mean and include
all waste and accumulation of animal,
fruit or vegetable matter that attends,
or results from the preparation, use,
handling, cooking , serving or storage of
meats , fish, fowl , fruit , vegetable
matter, of any nature whatsoever , which
is subject to decay, putrification, and
the generation of noxious and offensive
gases or odors , or which may serve as
breeding or feeding materials for flies
and/or other germ carrying insects.
(H) Hazardous materials shall mean
wastes that are hazardous by reason of
their pathological, explosive, radio-
. logical or toxic characteristics.
(I) Horticultural trash shall mean
accumulation of lawn, grass or shrubbery
cuttings, or clippings and dry leaf
rakings, palm fronds, small tree branches
(shall not exceed four (4) feet in length
and thirty (30) inches in diameter) ,
bushes or shrubs, green leaf cuttings,
coconuts , fruits or other matter usually
created as refuse in the care of lawns
and yards , except large branches, trees
or bulky or non-combustible materials
not susceptible to normal loading.
(J) . Individual containers shall mean
an individual twenty (20) or thirty (30)
gallon container provided by the resident
for temporary storage of refuse.
4 673.01 GARBAGE & TRASH § 673.01
(K) Industrial shall mean establish-
ments generating waste accumulation of
metal, metal products, minerals, chemi-
cals, rock, cement, asphalt , tar, oil,
grease, glass , crockery, rubber, tires ,
bottles, cans, lumber, sawdust , wastes
from animal packing or slaughterhouses
or materials ususally created by indus-
trial enterprises.
(L) Industrial container shall mean
a two (2) cubic yard or larger container
which can be emptied by mechanical means.
(M) Multi-family dwelling shall
mean and include any building or struc-
ture containing four (4) or more con-
tiguous living units and intended
exclusively for residential use by
single persons or families.
(N) Non-containerized business shall
mean and include any dwelling, business,
apartment or other structure whose trash
is deposited and collected by means
other than a container.
(0) Refuse shall mean a combination
of garbage, horticultural trash and
small pieces of materials which are
Containerized for routine pickup.
(P) Single-family residence shall
mean and include a detached single-
family dwelling designed or intended
for occupancy by one (1) person or by
one (1) family.
§ 673. 01 GARBAGE & TRASH § 673.02
(Q) Special material shall mean
those bulky materials or other special
wastes that are not stored in approved
containers and are not routinely gener-
ated in residential areas,
(R) Trailer parks shall mean and
include any group of two (2) or more
trailer lots operated as a commercial
business to provide parking for mobile
homes as living units,
(S) Trash shall mean a combination
of large horticultural trash and material
which by the nature of its size cannot be
containerized,
(T) Triplex shall mean and include
a detached three (3) family dwelling
designed or intended for occupancy by
three (3) families . (Ord . No, 9-78 § 1,
16 May 1978) .
Sec. 673.02 Garbage receptacles to
be provided
(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 the City are hereby
required to provide a garbage receptacle
to hold four (4) days accumulation of
garbage.
(B) In lieu of individual garbage
receptacles, an industrial container
or containers may be used . Said con-
tainer shall be provided by the collector,
and the City Manager shall first determine
§ 673.02 GARBAGE & TRASH § 673.02
whether or not an industrial container
shall be provided to any owner , user,
manager or occupant so requesting an
industrial container. Multiple dwelling
units containing less than ten (10)
units may be provided an industrial
garbage container at the discretion of
the City Manager. All commercial
establishments , establishments other
than professional offices or other
offices shall be required to have
mechanical containers at the discretion
of the City Manager.
Single family residences, duplexes and
triplexes shall not be permitted to
use industrial 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 a garbage
receptacle or receptacles or industrial
container or containers adequate and
sufficient in size to comply with the
terms of this ordinance. All such
receptacles or containers shall be kept
tightly covered at all times except
when it is necessary to lift the cover
for disposal or removal of refuse or
to deposit refuse therein. It shall
be unlawful for any person to deposit
refuse in such amount in the receptacle
or receptacles or industrial containers
that will not permit the cover thereof
to be kept tightly in place. (Ord. No.
9-78 § 2 16 May 1978).
§ 673.03 GARBAGE & TRASH § 673.03
Sec. 673.03 Residential garbage,
refuse and trash pickup conditions:
(A) Residential garbage. All garbage
receptacles shall be located so that
they are easily accessible by the
Collector and shall not weigh more than
forty (40) lbs. No collection of gar-
bage will be made by the Collector within
any fenced-in yard, closed enclosure, or
where the collector would be exposed to
a potentially vicious animal. It shall
be the responsibility of all owners
and residents and all occupants of
single or multiple family dwelling units
with such fenced-in yards or enclosed
areas to place the garbage receptacles
in an area which is easily accessible
to the collector on collection days.
(B) Residential trash or rubbish
collections. Horticultural trash, house-
hold trash and rubbish collections will
be made at the front property line
adjacent to the street. Accumulations
of grass , leaves , greenleaf cuttings,
fruits and similar loose materials shall
be placed in bags, boxes or otherwise
containerized for ease in handling.
Collector shall be required to pick up
no more than one large piece of furni-
ture or appliance per residential dwell-
ing unit at any regular pickup. Accumu-
lations in excess of this requirement
shall be collected as otherwise provided
in this Chapter.
§ 673.03 GARBAGE & TRASH § 673.03
(C) Location of garbage receptacles.
Garbage receptacles 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.
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, with
out the written consent of the person
having the right to possession and use
of the property. No garbage receptacle
or industrial container shall be placed
on any City right-of-way, except for
immediate pickup. The City Manager
may make an exception to location of
an industrial container or garbage
receptacle on any City right-of-way,
in writing. Industrial containers
shall not be placed in such manner as
to hinder the closing of container lids.
(D) Obstruction. It shall be un
lawful for any person to park a motor
vehicle in such a way that the collector
cannot service industrial containers
or otherwise block access to such con-
tainers.
(E) It shall be unlawful for a person
to place refuse in a container assigned
to another address, without written
permission of the owner. (Ord. No. 9-78
§ 3, 16 May 1978) .
7
§ 673.04 GARBAGE & TRASH § 673.06
Sec. 673.04 Burning or burying of
garbage and horticultural trash, house-
hold trash and rubbish: It shall be
unlawful for any person to bury garbage,
horticultural trash, household trash or
rubbish which is or is reasonably likely
to become a nuisance or menace or threat
to the health of residents within the
City. No such garbage, horticultural
trash, household trash or rubbish shall
be burned within the corporate limits of
the City of Cape Canaveral, unless approv-
al has first been obtained from the City
Nanager. (Ord. No. 9-78 § 4, 16 May 1978) .
Sec. 673.05 Proper disposal of gar-
bage and refuse as a prerequisite to
collection: No removal or collection of
garbage and refuse shall be required by
the Collector from any premises within
the City, unless the garbage and refuse i_
deposited in a proper receptacle as herein
defined, and the owner or occupant or
person responsible for using said pre-
mises shall be prosecuted for non-compli-
ance. (0rd. No. 9-78 § 5, 16 May 1978) .
Sec. 673.06 Unlawful accumulation:
It shall further be unlawful and a
violation of this Chapter for the owner.
and/or occupant or manager or person
responsible for any land or premises to
permit , suffer, allow, either by commi-
ssion or omission any accumulation of
garbage, horticultural trash, household
trash and rubbish, or industrial waste,
upon premises or property within the
City of Cape Canaveral for a period longer
than four (4) days without having arrange
for disposal of said accumulation by the
§ 673. 06 GARBAGE & TRASH § 673.07
Collector to perform such services and
it shall be unlawful and a violation of
this Chapter for any person, whether
owner , manager or occupant of any pre-
mises , to fail to provide a sufficient
number of containers or receptacles
per unit as provided herein, to amply
provide for any four (4) day period of
garbage, horticultural trash, house-
hold trash or rubbish. Nothing herein
contained shall prevent the owner or
occupant , manager or person responsible
for said premises to remove accumula-•
tions of horticultural trash , house-
hold trash or rubbish or industrial
waste, himself , to a proper place of
disposal. In the event that removal
of excess accumulations are arranged
with the Collector , the rate charged
by the Collector shall be negotiated
and shall be paid in advance as may be
required by the Collector. (0rd. No.
9-78 § 6 , 16 May 1978) .
Sec. 673 . 07 Unlawful disposal : It
shall be unlawful to deposit or dispose
of garbage , horticultural trash, house-
hold trash, rubbish or industrial waste
upon the premises of another , or upon
any street , alley, parkway or other
public property, or any canal , ditch,
water, waterway, river, ocean, sandbed ,
pool, pond or the like, within the City,
or in the receptacle of another, except
that tenants of multiple dwellings or
businesses , where authorized , may
deposit such accumulations in recep-
tacles upon which the owner or manager
of said multiple dwelling, apartment ,
or business building has authorized for
7
§ 673.07 GARBAGE & TRASH § 673.10
the use of the tenants by the owner or
manager thereof. (Ord. No. 9-78 5 7,
16 May 1978) .
Sec. 673.08 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, horticultural trash,
household trash, rubbish or industrial
waste through or over the public streets
or alleys of the City, except as other-
wise provided in Section 673.06 hereof.
This provision shall be literally con-
strued to protect the public health,
safety and general welfare. (Ord. No.
9-78 5 8 , 16 May 1978) .
Sec. 673.09 Complaint procedure: The
Collector is obligated to promptly
respond to all complaints concerning
the quality or absence of collection ser-
vice. All complaints with regard to
refuse and trash collection service direc-
ted by this Chapter shall be made to the
City, and subsequently directed to the
Collector by the City Manager. (Ord. No.
9-78 5 9, 16 May 1978) .
Sec. 673.10 Penalties: Any person who
fails to comply with this ordinance, or
who violates the same, or who creates or
maintains garbage, horticultural trash,
household trash or rubbish, shall be
considered as having violated this
Chapter, and upon conviction in a court
of competent jurisdiction, shall be pun-
ished by a fine not to exceed $250.00
§ 673.10 GARBAGE & TRASH § 673.11
or imprisonment not to exceed ten (10)
days, or by both such fine and impris-
onment. (Ord. No. 9-78 § 10, 16 May
1978) .
Sec. 673.11 (A) Schedule of Fees :
owner of any residence or commercial
building within the City of Cape
Canaveral, Florida, shall pay the follow-
ing fee as provided for in Section 673.02
hereof:
1. Single Family Residences and
Duplex living units at $3.85
per living unit per month.
2. Mobile Home Units at $2.60
per living unit per month.
3. Individual Apartments or
Condominium Units at $2.60
per living unit per month.
4. Individual commercial business
accounts with individual con-
tainers at $4.70 per month
not to exceed 3 industrial
containers per pick up.
5. Commercial businesses, Apart-
ment Complexes and Condominiums
using industrial containers at
$11. 65 per container yard per
month.
6. Special Collection Services
at $1.65 per container yard
per pickup.
3 673.11 GARBAGE & TRASH § 673.11
7. Items requiring special hand-
ling due to size, weight, type
of material or method of place-
ment at a price to be negotiated
between the collector and cus-
tomer. prior to collection.
8. Rates for services not provided
for in this Chapter shall be
determined by the City Manager,
based on rates provided herein
for similar types of services.
9. A 25 cent billing charge shall be
added to each bill seat by the
City.
The above initial schedule of fees is
subject to revision from time to time as
may be necessary, and all subsequent
revisions shall be by resolution of the
City Council of the City of Cape Canaveral.
(B) Failure of users to pay for fees
in the preceding subsection within thirty
(30) days of the billing date shall be
a violation of this Chapter. In addition,
the City shall have the right to seek
enforcement and collection of the overdue
fee through civil proceedings in a court
of competent jurisdiction, including a
reasonable attorney's fee and costs , if
such civil action is necessary.
(C) All fees becoming due and payable
on or after the effective date of this
. chapter shall constitute and are hereby
imposed as a special assessment lien
against the real property and personal
property aforesaid, and until fully paid
§ 673.11 GARBAGE & TRASH § 673.11
and discharged, shall remain liens
equal in dignity with the City' s ad
valorem taxes, and superior in rank and
dignity to all liens, encumbrances,
titles and claims in, to or against
the teal property involved. Such fees
shall become delinquent if not fully
paid within thirty (30) days after the
due date. All delinquent service charges
shall bear a penalty as follows;
Single family, duplex and triplex -
$1.00 per month from due date;
All other residential — $1.00
per month from due date;
Commercial — $5.00 par month
from due date.
Unpaid delinquent service charges ,
together with all penalties imposed
thereon shall remain and constitute
special assessment liens against the
real and personal properties involved.
Such special assessment liens for
garbage fees and penalties shall be
enforced by any of the methods provided
in Chapter 86, Florida Statutes, or
in the alternative, foreclosure pro—
ceedings may be instituted and prose-
cuted under the provisions of Chapter
173 Florida Statutes, or the collection
and enforcement of payment thereof may
be accomplished by any other method
authorized by law
(D) In addition to the collection
procedure and foreclosure procedure
established in the preceding subsections,
the City Manager is hereby empowered to
discontinue water and/or sewer service
2
§ 673.11 GARBAGE & TRASH § 673.13
to the owner of any residence, commercial
building or establishment who fails to
pay the monthly garbage charge as provi-
ded for in this subsection.
(E) Each condominium association
within the City of Cape Canaveral will
be responsible for the monthly condo-
minium garbage fee provided herein.
(Ord. No. 9-78 § 11, 16 May 1978) .
Sec. 673.12 Authority of City to
collect : Nothing contained in this
Chapter shall be construed to prevent
the City from creating or acting as its
own garbage and/or trash collection or
disposal service or facility, either
independently, exclusively or in conjunc-
tion with others. (Ord. No. 9-78 § 12,
16 May 1978) .
Sec. 673.13 Legislative intent : If
this Chapter or any section hereof , or
any sentence, phrase or word be declared
illegal or unlawful by a court of compe-
tent jurisdiction, it is the intent that
such illegal word , phrase, sentence or
section shall not affect the legality of
the remainder of this Chapter. (Ord.
No. 9-78 § 13; 16 May 1978).
§ 673. 01 GARBAGE & TRASH § 673.01
CHAPTER 673
GARBAGE AND TRASH REMOVAL
Sec. 673. 01 Definitions : For the
purpose of this Chapter , the following
words and terms shall have the follow-
ing meanings :
(A) Approved Container shall mean
industrial containers as defined herein,
and trash cans provided by customer
and acceptable to the City.
(B) Bulk Container shall mean a
fifty-five (55) gallon drum supplied
by the City for temporary storage of
refuse or trash at street and beach
locations and other City recreational
facilities .
(C) Business shall mean and include
all retail, professional , wholesale
and industrial facilities and any
other commercial enterprises offering
goods or services to the public.
(D) Commercial shall mean and include
all dwellings and businesses serviced
by an industrial container of two (2)
cubic yards capacity or greater.
(E) Containerized business shall
mean and include any business, multi-
family dwelling or other structure
whose garbage and/or trash is deposited
in an approved container for removal
by the Collector.
§ 673.01 GARBAGE & TRASH § 673.01
(F) Duplex shall mean and include a
detached two-family dwelling designed
or intended for occupancy by two (2)
families.
(G) Garbage shall mean and include
all waste and accumulation of animal,
fruit or vegetable matter that attends,
or results from the preparation, use,
handling, cooking, serving or storage of
meats, fish, fowl , fruit, vegetable
matter, of any nature whatsoever , which
is subject to decay, putrification, and
the generation of noxious and offensive
gases or odors , or which may serve as
breeding or feeding materials for flies
and/or other germ carrying insects.
(H) Hazardous materials shall mean
wastes that are hazardous by reason of
their pathological , explosive, radio-
logical or toxic characteristics.
(I) Horticultural trash shall mean
accumulation of lawn, grass or shrubbery
cuttings , or clippings and dry leaf
rakings , palm fronds , small tree branches
(shall not exceed four (4) feet in length
and thirty (30) inches in diameter) ,
bushes or shrubs, green leaf cuttings,
coconuts , fruits or other matter usually
created as refuse in the care of lawns
and yards, except large branches, trees
or bulky or non-combustible materials
not susceptible to normal loading.
(J) . Individual containers shall mean
an individual twenty (20) or thirty (30)
gallon container provided by the resident
for temporary storage of refuse.
§ 673. 01 GARBAGE & TRASH § 673.01
(K) Industrial shall mean establish-
ments generating waste accumulation of
metal, metal products , minerals , chemi-
cals , rock, cement, asphalt , tar, oil,
grease, glass , crockery, rubber, tires ,
bottles , cans , lumber, sawdust , wastes
from animal packing or slaughterhouses
or materials ususally created by indus-
trial enterprises.
(L) Industrial container shall mean
a two (2) cubic yard or larger container
which can be emptied by mechanical means,
(M) Multi-family dwellin_& shall
mean and include any building or struc-
ture containing four (4) or more con-
tiguous living units and intended
exclusively for residential use by
single persons or families.
(N) Non-containerized business shall
mean and include any dwelling , business ,
apartment or other structure whose trash
is deposited and collected by means
other than a container.
(O) Refuse shall mean a combination
of garbage, horticultural trash and
small pieces of materials which are
Containerized for routine pickup.
(P) Single-family residence shall
mean and include a detached single-
family dwelling designed or intended
for occupancy by one (1) person or by
one (1) family.
§ 673, 01 GARBAGE & TRASH § 673 .02
(Q) Special material shall mean
those bulky materials or other special
wastes that are not stored in approved
containers and are not routinely gener-
ated in residential areas.
(R) Trailer parks shall mean and
include any group of two (2) or more
trailer lots operated as a commercial
business to provide parking for mobile
homes as living units .
(S) Trash shall mean a combination
of large horticultural trash and material
which by the nature of its size cannot be
containerized.
(T) Triplex shall mean and include
a detached three (3) family dwelling
designed or intended for occupancy by
three (3) families. (Ord . No. 9-78 § 1,
16 May 1978) .
Sec, 673 .02 Garbage receptacles to
be provided :
(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 the City are hereby
required to provide a garbage receptacle
to hold four (4) days accumulation of
garbage.
(B) In lieu of individual garbage
receptacles , an industrial container
or containers may be used . Said con-
tainer shall be provided by the collector
and the City Manager shall first determine
4
§ 673 . 02 GARBAGE & TRASH § 673.02
whether or not an industrial container
shall be provided to any owner , user,
manager or occupant so requesting an
industrial container . Multiple dwelling
units containing less than tan (10)
units may be provided an industrial
garbage container at the discretion of
the City Manager. All commercial
establishments , establishments other
than professional offices or other
offices shall be required to have
mechanical containers at the discretion
of the City Manager.
Single family residences , duplexes and
triplexes shall not be permitted to
use industrial 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 a garbage
receptacle or receptacles or industrial
container or containers adequate and
sufficient in size to comply with the
terms of this Qrdinance. All such
receptacles or containers shall be kept
tightly covered at all times except
when it is necessazy to lift the cover
for disposal or removal of refuse or
to deposit refuse therein. It shall
be unlawful for any person to deposit
refuse in such amount in the receptacle
or receptacles or industrial containers
that will not permit the cover thereof
to be kept tightly in place. , (Ord, No.
9-78 § 2 16 May 1978) .
5
§ 673.03 GARBAGE & TRASH § 673.03
Sec. 673.03 Residential garbage,
refuse and trash pickup conditions :
(A) Residential garbage. All garbage
receptacles shall be located so that
they are easily accessible by the
Collector and shall not weigh more than
forty (40) lbs. No collection of gar-
bage will be made by the Collector within
any fenced-in yard, closed enclosure, or
where the collector would be exposed to
a potentially vicious animal. It shall
be the responsibility of all owners
and residents and all occupants of
single or multiple family dwelling units
with such fenced-in yards or enclosed
areas to place the garbage receptacles
in an area which is easily accessible
to the collector on collection days.
(B) Residential trash or rubbish
collections. Horticultural trash, house-
hold trash and rubbish collections will
be made at the front property line
adjacent to the street. Accumulations
of grass , leaves , greenleaf cuttings,
fruits and similar loose materials shall
be placed in bags, boxes or otherwise
containerized for ease in handling.
Collector shall be required to pick up
no more than one large piece of furni-
ture or appliance per residential dwell-
ing unit at any regular pickup. Accumu-
lations in excess of this requirement
shall be collected as otherwise provided
in this Chapter.
§ 673.03 GARBAGE & TRASH § 673.03
(C) Location of garbage receptacles.
Garbage receptacles 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.
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, with
out the written consent of the person
having the right to possession and use
of the property. No garbage receptacle
or industrial container shall be placed
on any City right-of-way, except for
immediate pickup. The City Manager
may make an exception to location of
an industrial container or garbage
receptacle on any City right-of-way,
in writing. Industrial containers
shall not be placed in such manner as
to hinder the closing of container lids.
(D) Obstruction. It shall be un
lawful for any person to park a motor
vehicle in such a way that the collector
cannot service industrial containers
or otherwise block access to such con-
tainers.
(E) It shall be unlawful for a person
to place refuse in a container assigned
to another address, without written
permission of the owner. (Ord. No. 9-78
§ 3, 16 May 1978) .
7
§ 673.04 GARBAGE & TRASH § 673.06
Sec. 673.04 Burning or burying of
garbage and horticultural trash, house-
hold trash and rubbish: It shall be
unlawful for any person to bury garbage,
horticultural trash, household trash or
rubbish which is or is reasonably likely
to become a nuisance or menace or threat
to the health of residents within the
City. No such garbage, horticultural
trash, household trash or rubbish shall
be burned within the corporate limits of
the City of Cape Canaveral, unless approv-
al has first been obtained from the City
Manager. (Ord. No. 9-78 § 4, 16 May 1978) .
Sec. 673.05 Proper disposal of gar-
bage and refuse as a prerequisite to
collection: No removal or collection of
garbage and refuse shall be required by
the Collector from any premises within
the City, unless the garbage and refuse if
deposited in a proper receptacle as herein
defined, and the owner or occupant or
person responsible for using said pre-
mises shall be prosecuted for non-compli-
ance. (Ord. No. 9-78 § 5, 16 May 1978) .
Sec. 673.06 Unlawful accumulation:
It shall further be unlawful and a
violation of this Chapter for the owner.
and/or occupant or manager or person
responsible for any land or premises to
permit , suffer, allow, either by commi-
ssion or omission any accumulation of
garbage, horticultural trash, household
trash and rubbish, or industrial waste,
upon premises or property within the
City of Cape Canaveral for a period longer
than four (4) days without having arrange
for disposal of said accumulation by the
§ 673. 06 GARBAGE & TRASH § 673.07
Collector to perform such services and
it shall be unlawful and a violation of
this Chapter for any person, whether
owner, manager or occupant of any pre-
mises , to fail to provide a sufficient
number of containers or receptacles
per unit as provided herein, to amply
provide for any four (4) day period of
garbage, horticultural trash, house-
hold trash or rubbish. Nothing herein
contained shall prevent the owner or
occupant , manager or person responsible
for said premises to remove accumula—
tions of horticultural trash., house-
hold trash or rubbish or industrial
waste, himself, to a proper place of
disposal. In the event that removal
of excess accumulations are arranged
with the Collector, the rate charged
by the Collector shall be negotiated
and shall be paid in advance as may be
required by the Collector. (0rd. No.
9-78 4 6, 16 May 1978) .
Sec. 673.07 Unlawful disposal : It
shall be unlawful to deposit or dispose
of garbage, horticultural trash, house-
hold trash, rubbish or industrial waste
upon the premises of another., or upon
any street , alley, parkway or other
public property, or any canal, ditch,
water, waterway, river, ocean, sandbed,
pool, pond or the like, within the City,
or in the receptacle of another, except
that tenants of multiple dwellings or
businesses, where authorized , may
deposit such accumulations in recep-
tacles upon which the owner or manager
of said multiple dwelling, apartment,
or business building has authorized for
9
§ 673.07 GARBAGE & TRASH § 673.10
the use of the tenants by the owner or
manager thereof. (Ord. No. 9-78 § 7,
16 May 1978) .
Sec. 673.08 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, horticultural trash,
household trash, rubbish or industrial
waste through or over the public streets
or alleys of the City, except as other-
wise provided in Section 673.06 hereof.
This provision shall be literally con-
strued to protect the public health,
safety and general welfare. (Ord. No.
9-78 § 8, 16 May 1978) .
Sec. 673.09 Complaint procedure: The
Collector is obligated to promptly
respond to all complaints concerning
the quality or absence of collection ser-
vice. All complaints with regard to
refuse and trash collection service direc-
ted by this Chapter shall be made to the
City, and subsequently directed to the
Collector by the City Manager. (Ord. No.
9-78 § 9, 16 May 1978) .
Sec. 673.10 Penalties : Any person who
fails to comply with this ordinance, or
who violates the same, or who creates or
maintains garbage, horticultural trash,
household trash or rubbish, shall be
considered as having violated this
Chapter, and upon conviction in a court
of competent jurisdiction, shall be pun-
ished by a fine not to exceed $250. 00
10
§ 673.10 GARBAGE & TRASH § 673.11
or imprisonment not to exceed ten (10)
days, or by both such fine and impris-
onment. (Ord. No. 9-78 § 10, 16 May
1978) .
Sec. 673.11 (A) Schedule of Fees:
owner of any residence or commercial
building within the City of Cape
Canaveral, Florida, shall pay the follow-
ing fee as provided for in Section 673.02
hereof:
1. Single Family Residences and
Duplex living units at $3.85
per living unit per month.
2. Mobile Home Units at $2.60
per living unit per month.
3. Individual Apartments or
Condominium Units at $2.60
per living unit per month.
4. Individual commercial business
accounts with individual con-
tainers at $4.70 per month
not to exceed 3 industrial
containers per pick up.
5. Commercial businesses , Apart-
ment Complexes and Condominiums
using industrial containers at
$11. 65 per container yard per
month.
6. Special Collection Services
at $1.65 per container yard
per pickup.
11
§ 673.11 GARBAGE & TRASH § 673.11
7. Items requiring special hand-
ling due to size, weight, type
of material or method of place-
ment at a price to be negotiated
between the collector and cus-
tomer prior to collection.
8. Rates for services not provided
for in this Chapter shall be
determined by the City Manager,
based on rates provided herein
for similar types of services.
9. A 254 billing charge shall be .
added to each bill sent by the
City.
The above initial schedule of fees is
subject to revision from time to time as
may be necessary, and all subsequent
revisions shall be by resolution of the
City Council of the City of Cape Canaveral.
(B) Failure of users to pay for fees
in the preceding subsection within thirty .
(30) days of the billing date shall be
a violation of this Chapter, In addition,
the City shall have the right to seek
enforcement and collection of the overdue
fee through civil proceedings in a court
of competent jurisdiction, including a
reasonable attorney's fee and costs, if
such civil action is necessary.
(C) All fees becoming due and payable
on or after the effective date of this
chapter shall constitute and are hereby
imposed as a special assessment lien
against the real property and personal
property aforesaid, and until fully paid
12
§ 673. 11 GARBAGE & TRASH § 673.11
and discharged, shall remain liens
equal in dignity with the City's ad
valorem taxes, and superior in rank and
dignity to all liens, encumbrances ,
titles and claims in, to or against
the real property involved. Such fees
shall become delinquent if not fully
paid within thirty (30) days after the
due date. All delinquent service charges
shall bear a penalty as follows :
Single family, duplex and triplex -
$1. 00 per month from due date;
All other residential - $1.00
per month from due date;
Commercial - $5. 00 per month
from due date.
Unpaid delinquent service charges ,
together with all penalties imposed
thereon shall remain and constitute
special assessment liens against the
real and personal properties involved.
Such special assessment liens for
garbage fees and penalties shall be
enforced by any of the methods provided
in Chapter 86, Florida Statutes, or
in the alternative, foreclosure pro-
ceedings may be instituted and prose-
cuted under the provisions of Chapter
173 Florida Statutes, or the collection
and enforcement of payment thereof may
be accomplished by any other method
authorized by law
(D) In addition to the collection
procedure and foreclosure procedure
established in the preceding subsections,
the City Manager is hereby empowered to
discontinue water and/or sewer service
13
§ 673.11 GARBAGE & TRASH § 673.13
to the owner of any residence, commercial
building or establishment who fails to
pay the monthly garbage charge as provi-
ded for in this subsection.
(E) Each condominium association
within the City of Cape Canaveral will
be responsible for the monthly condo-
minium garbage fee provided herein.
(Ord. No. 9-78 4 11, 16 May 1978) .
Sec . 673.12 Authority of City to
collect : Nothing contained in this
Chapter shall be construed to prevent
the City from creating or acting as its
own garbage and/or trash collection or
disposal service or facility, either
independently, exclusively or in conjunc-
tion with others. (Ord. No. 9-78 4 12,
16 May 1978) .
Sec. 673.13 Legislative intent : If
this Chapter or any section hereof , or
any sentence, phrase or word be declared
illegal or unlawful by a court of compe-
tent jurisdiction, it is the intent that
such illegal word, phrase, sentence or
section shall not affect the legality of
the remainder of this Chapter. (Ord.
No. 9-78 4 13; 16 May 1978) .
14
§ 673. 01 GARBAGE & TRASH § 673.01
CHAPTER 673
GARBAGE AND TRASH REMOVAL
Sec. 673.01 Definitions : For the
purpose of this Chapter , the following
words and terms shall have the follow-
ing meanings :
(A) Approved Container shall mean
industrial containers as defined herein,
and trash cans provided by customer
and acceptable to the City.
(B) Bulk Container shall mean a
fifty-five (55) gallon drum supplied
by the City for temporary storage of
refuse or trash at street and beach
locations and other City recreational
facilities.
(C) Business shall mean and include
all retail, professional, wholesale
and industrial facilities and any
other commercial enterprises offering
goods or services to the public.
(D) Commercial shall mean and include
all dwellings and businesses serviced
by an industrial container of two (2)
cubic yards capacity or greater.
(E) Containerized business shall
mean and include any business, multi-
family dwelling or other structure
whose garbage and/or trash is deposited
in an approved container for removal
by the Collector.
§ 673.01 GARBAGE & TRASH § 671.01
(K) Industrial shall mean establish-
ments generating waste accumulation of
metal, metal products, minerals, chemi-
cals, rock, cement, asphalt, tar, oil,
bottles, cans, lumber, sawdust, wastes
from animal packing or slaughterhouses
or materials usually created by indus-
trial enterprises.
(L) Industrial container shall mean
a two (2) cubic yard or larger container
which can be emptied by mechanical means.
(M) Multi-family dwelling shall
mean and include any building or struc-
ture containing four (4) or more con-
tiguous living units and intended
exclusively for residential use by
single persons or families.
(N) Non-containerized business shall
mean and include any dwelling, business,
apartment or other structure whose trash
is deposited and collected by means
other than a container.
(O) Refuse shall mean a combination
of garbage, horticultural trash and
small pieces of materials which are
Containerized for routine pickup.
(P) Single-family residence shall
mean and include a detached single-
family dwelling designed or intended
for occupancy by one (1) person or by
one (1) family.
§ 673.01 GARBAGE & TRASH § 673.02
(Q) Special material shall mean
those bulky materials or other special
wastes that are not stored in approved
containers and are not routinely gener-
ated in residential areas.
(R) Trailer parks shall mean and
include any group of two (2) or more
trailer lots operated as a commercial
business to provide parking for mobile
homes as living units.
(S) Trash shall mean a combination
of large horticultural trash and material
which by the nature of its size cannot be
containerized.
(T) Triplex shall mean and include
a detached three (3) family dwelling
designed or intended for occupancy by
three (3) families. (Ord. No. 9-78 § 1,
16 May 1978).
Sec. 673.02 Garbage receptacles to
be provided:
(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 the City are hereby
required to provide a garbage receptacle
to hold four (4) days accumulation of
garbage.
(B) In lieu of individual garbage
receptacles, an industrial container
or containers may be used. Said con-
tainer shall be provided by the collector
and the City Manager shall first determine
§ 673.01 GARBAGE & TRASH § 673.01
(F) Duplex shall mean and include a
detached two-family dwelling designed
or intended for occupancy by two (2)
families.
(G) Garbage shall mean and include
all waste and accumulations of animal,
fruit or vegetable matter that attends,
or results from the preparation, use
handling, cooking, serving or storage of
meats, fish, fowl, fruit, vegetable
matter, of any nature whatsoever, which
is subject to decay, putrification, and
the generation of noxious and offensive
gases or odors, or which may serve as
breeding or feeding materials for flies
and/or other germ carrying insects.
(H) Hazardous materials shall mean
wastes that are hazardous by reason of
their pathological, explosive, radio-
logical or toxic characteristics.
(I) Horticultural trash shall mean
accumulation of lawn, grass, or shrubbery
cuttings, or clippings and dry leaf
rakings, palm fronds, small tree branches
(shall not exceed four (4) feet in length
and thirty (3) inches in diameter),
bushes or shrubs, green leaf cuttings,
coconuts, fruits or other matter usually
created as refuse in the care of lawns
and yards, except large branches, trees
or bulky or non-cumbustible materials
not suceptible to normal loading.
(J) Individual containers shall mean
an individual twenty (2) or thirty (3)
gallon container provided by the resident
for temporary storage of refuse.
§ 673.02 GARBAGE & TRASH § 673.02
whether or not an industrial container
shall be provided to any owner , user,
manager or occupant so requesting an
industrial container. Multiple dwelling
units containing less than ten (10)
units may be provided an industrial
garbage container at the discretion of
the City Manager. All commercial
establishments, establishments other
than professional offices or other
offices shall be required to have
mechanical containers at the discretion
of the City Manager.
Single family residences, duplexes and
triplexes shall not be permitted to
use industrial 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 a garbage
receptacle or receptacles or industrial
container or containers adequate and
sufficient in size to comply with the
terms of this ordinance. All such
receptacles or containers shall be kept
tightly covered at all times except
when it is necessary to lift the cover
for disposal or removal of refuse or
to deposit refuse therein. It shall
be unlawful for any person to deposit
refuse in such amount in the receptacle
or receptacles or industrial containers
that will not permit the cover thereof
to be kept tightly in place. (Ord. No.
9-78 § 2 16 May 1978).
§ 673.03 GARBAGE & TRASH § 673.03
(C) Location of garbage receptacles.
Garbage receptables shall not be located
in such places or uner conditions
as to cause unnecessary or unreasonable
offense to sightliness, cleanliness,
safety or other sanitary conditions.
They shall not be kept upon neighboring
property, not in the ownership or tenacy
of the person by whom the garbage was
accumulated, whether such neighboring
property be vacant or improved, with-
out the written consent of the person
having the right to possession and use
of the property. No garbage receptacle
or industrial container shall be placed
on any City right-of-way, except for
immediate pickup. The City Manager
may make an exception to location of
an industrial container or garbage
receptacle on any City right-of-way,
in writing. Industrial contaienrs
shall not be placed ins uch manner as
to hinder the closing of container lids.
(D) Obstruction. It shall be un-
lawful for any personto park a motor
vehicle in such a way that the collector
cannot service industrial containers
or otherwise block access to such con-
tainers.
(E) It shall be unlawful for a person
to place refuse in a container assigned
to another address, without written
permission of the owner. (Ord. No. 9-78
§ 3, 16 May 1978).
7
§ 673.04 GARBAGE & TRASH § 673.06
Sec. 673.04 Burning or burying of
garbage and horticultural trash, house-
hold trash and rubbish: It shall be
unlawful for any person to bury garbage,
horticultural trash, household trash or
rubbish which is or is reasonably likely
to become a nuisance or menace or threat
to the health of residents within the
City. No such garbage, horticultural
trash, household trash or rubbish shall
be burned within the corporate limits of
the City of Cape Canaveral, unless approv-
al has first been obtained from the City
Manager. (Ord. No. 9-78 § 4, 16 May 1978).
Sec. 673.05 Proper disposal of gar-
bage and refuse as a prerequisite to
collection: No removal or collection of
garbage and refuse shall be required by
the Collector from any premises within
the City, unless the garbage and refuse is
deposited in a proper receptacle as herein
defined, and the owner or occupant or
person responsible for using said pre-
mises shall be prosecuted for non-compli-
ance . (Ord. No. 9-78 § 5, 16 May 1978) .
Sec. 673.06 Unlawful accumulation:
It shall further be unlawful and a
violation of this Chapter for the owner.
and/or occupant or manager or person
responsible for any land or premises to
permit , suffer, allow, either by commi-
ssion or omission any accumulation of
garbage, horticultural trash, household
trash and rubbish, or industrial waste,
upon premises or property within the
City of Cape Canaveral for a period longer
than four (4) days without having arranged
for disposal of said accumulation by the
§ 673.03 GARBAGE & TRASH § 673.03
Sec. 673.03 Residential garbage,
refuse and trash pickup conditions:
(A) Residential garbage. All garbage
receptacles shall be located so that
they are easily accessible by the
Collector and shall not weight more than
fourty (4) lbs. No collection of gar-
bage will be made by the Collector within
any fenced-in yard, colosed enclosure, or
where the collector would be exposed to
a potentially vicious animal. It shall
be the responsibility of all owners
and residents and all occupants of
single or multiple family dwelling units
with such fenced-in yards or enclosed
areas to place the garbage receptacles
in an area which is easily accessible
to the collector on collection days.
(B) Residential trash or rubbish
collections. Horticultural trash, house-
hold trash and rubbish collections will
be made at the front property line
adjacent to the street. Accumulations
of grass, leaves, greenlead cuttings,
fruits and similar lose materials shall
be placed in bags, boxes or otherwise
containerized for ease in handling.
Collector shall be required to pick up
no more than one large piece of furni-
ture or appliance per residential dwell-
ing unit at any regular pickup. Accumu-
lations in excess of this requirement
shall be collected as otherwise provided
in this Chapter.
§ 673. 06 GARBAGE & TRASH § 673.07
Collector to perform such services and
it shall be unlawful and a violation of
this Chapter for any person, whether
owner, manager or occupant of any pre-
mises, to fail to provide a sufficient
number of containers or receptacles
per unit as provided herein, to amply
provide for any four (4) day period of
garbage, horticultural trash, house-
hold trash or rubbish. Nothing herein
contained shall prevent the owner or
occupant , manager or person responsible
for said premises to remove accumula-
tions of horticultural trash., house-
hold trash or rubbish or industrial
waste, himself, to a proper place of
disposal. In the event that removal
of excess accumulations are arranged
with the Collector, the rate charged
by the Collector shall be negotiated
and shall be paid in advance as may be
required by the Collector. (Ord. No.
9-78 § 6, 16 May 1978).
Sec. 673.07 Unlawful disposal: It
shall be unlawful to deposit or dispose
of garbage, horticultural trash, house-
hold trash, rubbish or industrial waste
upon the premises of another, or upon
any street , alley, parkway or other
public property, or any canal , ditch,
water, waterway, river, ocean, sandbed,
pool, pond or the like, within the City,
or in the receptacle of another, except
that tenants of multiple dwellings or
businesses, where authorized, may
deposit such accumulations in recep-
tacles upon which the owner or manager
of said multiple dwelling, apartment ,
or business building has authorized for
§ 673.10 GARBAGE & TRASH § 673.11
or improvement not to exceed ten (10)
days, or by both such fine and impris-
onment. (Ord. No. 9-78, §10, 16 May
1978).
Sec. 673.11 (A) Schedule of Fees:
owner of any resident or commercial
building within the City of Cape
Canaveral, Florida, shall pay the follow-
ing fee as provided for in Section 673.02
hereof:
1. Single Family Residences and
Duplex living units at $3.85
per living unit per month.
2. Mobile Home Units at $2.60
per living unit per month.
3. Individual Apartments or
Condominium Units at $2.60
per living unit per month.
4. Individual commerical buisness
accounts with individual con-
tainers at $4.70 per month
not to exceed 3 industrial
containers per pick up.
5. Commercial buisnesses, Apart-
ment Complexes and Condominiums
using industrial containers at
$11.65 per container yard per
month.
6. Special Collection Services
at $1.65 per container yard
per pickup.
7
11
§ 673.11 GARBAGE & TRASH § 673.11
7 . Items requiring special hand-
ling due to size , weight , type
of material or method of place-
ment at a price to be negotiated
between the collector and cus-
tomer prior to collection.
8. Rates for services not provided
for in this Chapter shall be
determined by the City Manager,
based on rates provided herein
for similar types of services.
9. A 254 billing charge shall be
added to each bill sent by the
City.
The above initial schedule of fees is
subject to revision from time to time as
may be necessary, and all subsequent
revisions shall be by resolution of the
City Council of the City of Cape Canaveral.
(B) Failure of users to pay for fees
in the preceding subsection within thirty
(30) days of the billing date shall be
a violation of this Chapter. In addition,
the City shall have the right to seek
enforcement and collection of the overdue
fee through civil proceedings in a court
of competent jurisdiction, including a
reasonable attorney's fee and costs, if
such civil action is necessary.
(C) All fees becoming due and payable
chapter shall constitute and are hereby
imposed as a special assessment lien
against the real property and personal
property aforesaid, and until fully paid
§ 673.07 GARBAGE & TRASH § 673.10
the use of the tenants by the owner or
manager thereof. (Ord. No. 9-78, §7,
16 May 1978).
Sec. 673.08 Transfter or 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, horticutlural trash,
household trash, rubbish or industrial
waste through or over the public streets
or alleys of the City, except as other-
wise provided in Section 673.06 hereof,
This provision shall be literally con-
strued to protect the public health,
safety and general welfare. (Ord. No.
9-78, §8, 16 May 1978).
Sec. 673.09 Compliant procedure: The
Collector is obligated to promptly
respond to all complaints concerning
the quality or absence of collection ser-
vice. All complaints with regard to
refuse and trash collection service direc-
ted by this Chapter shall be made to the
City, and subsequently directed to the
Collector by the City Manager. (Ord. No.
9-78, §9, 16 May 1978).
Sec. 673.10 Penalties: Any person who
fails to comply with this ordinance, or
who violates the same, or who creates or
maintains garbage, horticultural trash,
household trash or rubbish, shall be
considered as having violated this
Chapter, and upon conviction in a court
of competent jurisdiction, shall be pun-
ished by a fine not to exceed $250.00
12
§ 673. 11 GARBAGE & TRASH § 673. 11
and discharged, shall remain liens
equal in dignity with the City' s ad
valorem taxes, and superior in rank and
dignity to all liens , encumbrances,
titles and claims in, to or against
the real property involved. Such fees
shall become delinquent if not fully
paid within thirty (30) days after the
due date. All delinquent service charges
shall bear a penalty as follows :
Single family, duplex and triplex -
$1. 00 per month from due date;
All other residential - $1.00
per month from due date;
Commercial - $5 .00 per month
from due date.
Unpaid delinquent service charges ,
together with all penalties imposed
thereon shall remain and constitute
special assessment liens against the
real and personal properties involved.
Such special assessment liens for
garbage fees and penalties shall be
enforced by any of the methods provided
in Chapter 86, Florida Statutes , or
in the alternative, foreclosure pro-
ceedings may be instituted and prose-
cuted under .the provisions of Chapter
173 Florida Statutes, or the collection •
and enforcement of payment thereof may
be accomplished by any other method
authorized by law
(D) In addition to the collection
procedure and foreclosure procedure
established in the preceding subsections,
the City Manager is hereby empowered to
discontinue water and/or sewer service
§ 673.11 GARBAGE & TRASH § 673.13
to the owner of any residence, commercial
building or establishment who fails to
pay the monthly garbage charge as provi-
ded for in this subsection.
(E) Each condominium association
within the City of Cape Canaveral will
be responsible for the monthly condo-
minium garbage fee provided herein.
(Ord. No. 9-78 § 11, 16 May 1978) .
Sec . 673.12 Authority of City to
collect : Nothing contained in this
Chapter shall be construed to prevent
the City from creating or acting as its
own garbage and/or trash collection or
disposal service or facility, either
independently, exclusively or in conjunc-
tion with others. (Ord. No. 9-78 § 12 ,
16 May 1978) .
Sec. 673.13 Legislative intent : If
this Chapter or any section hereof , or
any sentence, phrase or word be declared
illegal or unlawful by a court of compe-
tent jurisdiction, it is the intent that
such illegal word, phrase, sentence or
section shall not affect the legality of
the remainder of this Chapter. (Ord.
No. 9-78 § 13; 16 May 1978) .
§ 673 . 01 GARBAGE & TRASH § 673 . 01
CHAPTER 673
GARBAGE AND TRASH REMOVAL
Sec . 673 . 01 Definitions : For the
purpose of this Chapter , the following
words and terms shall have the follow-
ing meanings :
(A) Approved Container shall mean
industrial containers as defined herein,
and trash cans provided by customer
and acceptable to the City,
(B) Bulk Container shall mean a
fifty-five (55) gallon drum supplied
by the City for temporary storage of
refuse or trash at street and beach
locations and other City recreational
facilities .
(C) Business shall mean and include
all retail , professional , wholesale
and industrial facilities and any
other commercial enterprises offering
goods or services to the public .
(D) Commercial shall mean and include
all dwellings and businesses serviced
by an industrial container of two (2)
cubic yards capacity or greater .
(E) Containerized business shall
mean and include any business , multi-
family dwelling or other structure
whose garbage and/or trash is deposited
in an approved container for removal
by the Collector .
§ 673 . 01 GARBAGE & TRASH § 673 . 01
(K) Industrial shall mean establish-
ments generating waste accumulation of
metal, metal products, minerals, chemi-
cals, rock, cement, asphalt, tar, oil,
grease, glass, crockery, rubber, tires,
bottles, cans, lumber, sawdust, wastes
from animal packing or slaughterhouses
or materials ususally created by indus-
trial enterpises.
(L) Industrial container shall mean
a two (2) cubic yard or larger container
which can be emptied by mechanical means.
(M) Multi-family dwelling shall
mean and include any building or struc-
ture containing four (4) or more con-
tiguous living units and intended
exclusively for residential use by
single persons or families.
(N) Non-containerized buisness shall
mean and include any dwelling, buisness,
apartment or other structure whose trash
is deposited and collected by means
other than a container.
(O) Refuse shall mean a combination
of garbage, horticultural trash and
small pieces of materials which are
containerized for routine pickup.
(P) Single-family residence shall
mean and include a detached single-
family dwelling designed or intended
for occupancy by one (1) person or by
one (1) family.
§ 673. 01 GARBAGE & TRASH § 673 . 02
(Q) Special material shall mean
those bulky materials or other special
wastes that are not stored in approved
containers and are not routinely gener-
ated in residential areas.
(R) Trailer parks shall mean and
include any group of two (2) or more
trailer lots operated as a commercial
business to provide parking for mobile
homes as living units .
(S) Trash shall mean a combination
of large horticultural trash and material
which by the nature of its size cannot be
containerized .
(T) Triplex shall mean and include
a detached three (3) family dwelling
designed or intended for occupancy by
three (3) families . (Ord . No . 9-78 § 1 ,
16 May 1978) .
Sec . 673 . 02 Garbage receptacles to
be provided:
(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 the City are hereby
required to provide a garbage receptacle
to hold four (4) days accumulation of
garbage .
(B) In lieu of individual garbage
receptacles , an industrial container
or containers may be used . Said con-
tainer shall be provided by the collector
and the City Manager shall first determine
§ 673 . 01 GARBAGE & TRASH § 673 . 01
(F) Duplex shall mean and include a
detached two-family dwelling designed
or intended for occupancy by two (2)
families.
(G) Garbage shall mean and include
all waste and accumulation of animal,
fruit or vegetable matter that attends,
or results from the preparation, use,
handling, cooking, serving or storage of
meats, fish, fowl, fruit, vegetable
matter, of any nature whatosever, which
is subject to decay, putrification, and
the generation of noxious and offensive
gases or odors, of which may serve as
breeding or feeding materials for flies
and/or other germ carrying insects.
(H) Hazardous materials shall mean
wastes that are hazardous by reason of
their pathological, explosive, radio-
logical or toxic characteristics.
(I) Horticultural trash shall mean
accumulation of lawn, grass or shrubbery
cuttings, or clippings and dry leaf
rakings, palm fronts, small tree branches
(shall not exdeed four (4) feet in length
and thirty (4) inches in diameter),
bushes or shrubs, green leaf cuttings,
coconuts, fruits or other matter usually
created as refuse in the care of lawns
and yards, except large branches, trees
or bulky or non-combustible materials
not susceptible to normal loading.
(J) Individual containers shall mean
an individual twenty (2) or thirty (3)
gallon container provided by the resident
for temporary storage of refuse.
§ 673 . 02 GARBAGE & TRASH § 673 . 02
whether or not an industrial container
shall be provided to any owner , user ,
manager or occupant so requesting an
industrial container . Multiple dwelling
units containing less than ten (10)
units may be provided an industrial
garbage container at the discretion of
the City Manager . All commercial
establishments , establishments other
than professional offices or other
offices shall be required to have
mechanical containers at the discretion
of the City Manager .
Single family residences , duplexes and
triplexes shall not be permitted to
use industrial containers , may make an exception to location of
(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 a garbage
receptacle or receptacles or industrial
container or containers adequate and
sufficient in size to comply with the
terms of this ordinance . All such
receptacles or containers shall be kept
tightly covered at all times except
when it is necessary to lift the cover
for disposal or removal of refuse or
to deposit refuse therein. It shall
be unlawful for any person to deposit
refuse in such amount in the receptacle
or receptacles or industrial containers
that will not permit the cover thereof
to be kept tightly in place . (Ord . No .
9-78 § 2 16 May 1978) .
§ 673 . 03 GARBAGE & TRASH § 673 . 03
(C) Location of garbage receptacles.
Garbage receptacles shall not be located
in such places or under such conditions
as to caus unnecessary or unreasonable
offense to sightliness, cleanliness,
safety or other sanitary conditions.
They shall not be kept upon neighboring
property, not in the ownership or tenancy
of the person by whorm the garbage was
accumulated, whether such neighboring
property be vacant or improved, with-
out the written consent of the person
having the right to possession and use
of the property. No garbage receptacle
or industrial container shall beplaced
on any City right-of-way, except for
immediate pickup. The City Manager
may make an exception to location of
an industral container or garbage
receptacle on any City right-of-way,
in writing. Industrial containers
shall not be placed in such manner as
to hinder the closing of container lids.
(D) Obstruction. It shall be un-
lawful for any person to park a motor
vehicle in such a way that the collector
cannot service industrial containers
or otherwise block access to such con-
tainers.
(E) It shall be unlawful for a person
to place refuse in a container assigned
to another address, without written
permission of the owner. (Ord. No. 9-78
§ 3, 16 May 1978).
§ 673 . 04 GARBAGE & TRASH § 673 . 06
Sec . 673 . 04 Burning or burying of
garbage and horticultural trash , house-
hold trash and rubbish : It shall be
unlawful for any person to bury garbage ,
horticultural trash , household trash or
rubbish which is or is reasonably likely
to become a nuisance or menace or threat
to the health of residents within the
City. No such garbage , horticultural
trash , household trash or rubbish shall
be burned within the corporate limits of
the City of Cape Canaveral , unless approv-
al has first been obtained from the City
Manager . (Ord . No . 9-78 § 4 , 16 May 1978) .
Sec . 673 . 05 Proper disposal of gar-
bage and refuse as a prerequisite to
collection : No removal or collection of
garbage and refuse shall be required by
the Collector from any premises within
the City , unless the garbage and refuse is
deposited in a proper receptacle as herein
defined , and the owner or occupant or
person responsible for using said pre-
mises shall be prosecuted for non-compli-
ance . (0rd . No . 9-78 § 5 , 16 May 1978) .
Sec . 673 . 06 Unlawful accumulation :
It shall further be unlawful and a
violation of this Chapter for the owner
and/or occupant or manager or person
responsible for any land or premises to
permit , suffer , allow, either by commi-
ssion or omission any accumulation of
garbage , horticultural trash , household
trash and rubbish, or industrial waste ,
upon premises or property within the
City of Cape Canaveral for a period longer
than four (4) days without having arranged
for disposal of said accumulation by the
§ 673 . 03 GARBAGE & TRASH § 673 . 03
Sec. 673.03 Residential garbage,
refuse and trash pickup conditions:
(A) Residential garbage. All garbage
receptacles shall be located so that
they are easily accessible by the
Collector and shall not weight more than
forty (40) lbs. No collection of gar-
bage will be made by the Collector within
any fenced-in yard, closed enclosure, or
where the collector would be exposed to
a potentially vicous animal. It shall
be the responsibility of all owners
and residents and all occupants of
single of multiple family dwelling units
with such fenced-in yards or enclosed
areas to place the garbage receptacles
in an area which is easily accessible
to the collector on collection days.
(B) Residential trash or rubbish
collections. Horticultural trash, house-
hold trash and rubbish collections will
be made at the front property line
adjacent to the treet. Accumulations
of grass, leaves, greenleaf cuttings,
fruits and similar loose materials shall
be placed in bags, boxes or otherwise
containerized for ease in handling.
Collector shall be required to pick up
no more than one large piece of furni-
ture of appliance per residential dwell-
ing unit at any regular pickup. Accumu-
lations in excess of this requirement
shall be collected as otherwise provided
in this Chapter.
§ 673 . 06 GARBAGE & TRASH § 673 . 07
Collector to perform such services and
it shall be unlawful and a violation of
this Chapter for any person , whether
owner , manager or occupant of any pre-
mises , to fail to provide a sufficient
number of containers or receptacles
per unit as provided herein , to amply
provide for any four (4) day period of
garbage , horticultural trash, house-
hold trash or rubbish. Nothing herein
contained shall prevent the owner or
occupant , manager or person responsible
for said premises to remove accumula-
tions of horticultural trash , house-
hold trash or rubbish or industrial
waste , himself , to a proper place of
of excess accumulations are arranged
with the Collector , the rate charged
by the Collector shall be negotiated
and shall be paid in advance as may be
required by the Collector . (Ord . No .
9-78 § 6 , 16 May 1978) .
Sec . 673 . 07 Unlawful disposal : It
shall be unlawful to deposit or dispose
of garbage , horticultural trash, house-
hold trash, rubbish or industrial waste
upon the premises of another , or upon
any street , alley , parkway or other
public property , or any canal , ditch ,
water , waterway , river , ocean, sandbed ,
pool , pond or the like , within the City ,
or in the receptacle of another , except
that tenants of multiple dwellings or
businesses , where authorized , may
deposit such accumulations in recep-
tacles upon which the owner or manager
of said multiple dwelling , apartment ,
or business building has authorized for
§ 673 . 10 GARBAGE & TRASH § 673 . 11
or imprisonment not to exceed ten (10)
days, or by both such fine and impris-
onment. (Ord. No. 9-78, §10, 16 May
1978).
Sec. 673.11 (A) Schedule of Fees:
owner of any resident or commercial
building within the City of Cape
Canaveral, Florida, shall pay the follow-
ing fee as provided for in Section 673.02
hereof:
1. Single Family Residences and
Duplex living units as $3.85
per living unit per month.
2. Mobile Home Units at $2.60
per living unit per month.
3. Individual Apartments or
Condominium Units at $2.60
per living unit per month.
4. Individual commercial buisness
accounts with individual con0
tainers at $4.70 per month
not to exceed 3 industrial
containers per pick up.
5. Commercial buisnesses, Apart-
ment Complexes and Condominiums
using industrial containers at
$11.65 per container yard per
month.
6. Special Collection Services
at $1.65 per container yard
per pickup.
§ 673 . 11 GARBAGE & TRASH § 673 . 11
7 . Items requiring special hand-
ling due to size , weight , type
of material or method of place-
ment at a price to be negotiated
tomer prior to collection.
8 . Rates for services not provided
for in this Chapter shall be
determined by the City Manager ,
based on rates provided herein
for similar types of services .
9 . A 254 billing charge shall be
added to each bill sent by the
City .
The above initial schedule of fees is
subject to revision from time to time as
may be necessary , and all subsequent
revisions shall be by resolution of the
City Council of the City of Cape Canaveral .
(B) Failure of users to pay for fees
in the preceding subsection within thirty
(30) days of the billing date shall be
a violation of this Chapter . In addition ,
the City shall have the right to seek
enforcement and collection of the overdue
fee through civil proceedings in a court
of competent jurisdiction , including a
reasonable attorney ' s fee and costs , if
such civil action is necessary.
(C) All fees becoming due and payable
on or after the effective date of this
chapter shall constitute and are hereby
imposed as a special assessment lien
against the real property and personal
property aforesaid , and until fully paid
12
§ 673 . 07 GARBAGE & TRASH § 673. 10
the use of the tenants by the owner or
manager thereof. (Ord. No. 9-78, §7,
16 May 1978).
Sec. 673.08 Transfer of garbage or
trash over public streets: Unless a
personal 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, horticultural trash,
household trash, rubbish or industrial
waste through or over the public streets
or alleys of the City, except as other0
wise provided in Section 673.06 hereof.
This provision shall be literally con-
strued to protect the public health,
safety and general welfare. (Ord. No.
9-78 §8, 16 May 1978).
Sec. 673.09 Compliant procedure: The
Collector is obliged to promptly
respond to all complaints concerning
the quality or absence of collection ser-
vice. All complaints with regard to
refuse and trash collection service direc-
ted by this Chapter shall be made to the
City, and subsequently directed to the
Collector by the City Manager. (Ord. No.
9-78 § 9, 16 May 1978).
Sec. 673.10 Penalties: Any person who
fails to comply with this ordinance, or
who violates the same, or who creates or
maintains garbage, horticultural trash,
household trash or rubbish, shall be
considered as having violated this
Chapter, and upon conviction in a court
of competent jurisdiction, shall be pun-
ished by a fine not to exceed $250.00
§ 673 . 11 GARBAGE & TRASH § 673 . 11
and discharged , shall remain liens
equal in dignity with the City's ad
valorem taxes , and superior in rank and
dignity to all liens , encumbrances ,
titles and claims in , to or against
the real property involved . Such fees
shall become delinquent if not fully
paid within thirty (30) days after the
due date. All delinquent service charges
shall bear a penalty as follows :
Single family , duplex and triplex -
$1 . 00 per month from due date ;
All other residential - $1 . 00
per month from due date ;
Commercial - $5 . 00 per month
from due date.
Unpaid delinquent service charges ,
together with all penalties imposed
thereon shall remain and constitute
special assessment liens against the
real and personal properties involved .
Such special assessment liens for
garbage fees and penalties shall be
enforced by any of the methods provided
in Chapter 86 , Florida Statutes , or
in the alternative , foreclosure pro-
ceedings may be instituted and prose-
cuted under the provisions of Chapter
173 Florida Statutes , or the collection
and enforcement of payment thereof may
be accomplished by any other method
authorized by law
(.D) In addition to the collection
procedure and foreclosure procedure
established in the preceding subsections ,
the City Manager is hereby empowered to
discontinue water and/or sewer service
13
§ 673 . 11 GARBAGE & TRASH § 673 . 13
to the owner of any residence , commercial
building or establishment who fails to
pay the monthly garbage charge as provi-
ded for in this subsection.
(E) Each condominium association
within the City of Cape Canaveral will
be responsible for the monthly condo-
minium garbage fee provided herein .
(Ord . No . 9-78 § 11 , 16 May 1978) .
Sec . 673 .12 Authority of City to
collect : Nothing contained in this
Chapter shall be construed to prevent
the City from creating or acting as its
own garbage and/or trash collection or
disposal service or facility , either
independently , exclusively or in conjunc-
tion with others . (Ord . No . 9-78 § 12 ,
16 May 1978) .
Sec . 673 . 13 Legislative intent : If
this Chapter or any section hereof , or
any sentence , phrase or word be declared
illegal or unlawful by a court of compe-
tent jurisdiction , it is the intent that
such illegal word , phrase , sentence or
section shall not affect the legality of
the remainder of this Chapter . (Ord .
No . 9-78 § 13 , 16 May 1978) .
MICROFILMED 4-10-80
AMENDED 78-23 Rates
AMENDED 80-57 Rates
RESOLUTION NO. 78-14
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK OF THE CITY OF CAPE CANAVERAL, FLORIDA,
TO EXECUTE A GARBAGE AND RUBBISH COLLECTION
AGREEMENT WITH FLECKINGER REFUSE, INC. ; PROVIDING
AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. The Mayor and City Clerk of the City of Cape Canaveral,
Florida, are hereby authorized to execute an agreement with Fleckinger
Refuse, Inc. , for the collection of garbage and rubbish in the City of Cape
Canaveral. A copy of said agreement is attached hereto and by reference
incorporated into this resolution.
SECTION 2. This resolution shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral, Florida,
this 13 day of April , 1978.
[signature]
Mayor
Attest:
[signature]
City Clerk
Approved as to form:
[signature]
City Attorney
NAME YES NO
BOYD YES
MURPHY YES
RIGERMAN YES
THURM YES
WELTON YES
MICROFILMED 4-10-80
GARBAGE AND RUBBISH COLLECTION AGREEMENT
THIS AGREEMENT, made and entered into this 21 day of
April , 1978, by and between the CITY OF CAPE CANAVERAL, a
municipal corporation duly organized and located in Brevard County, Florida,
hereinafter referred to as the City and FLECKINGER REFUSE, INC. , herein-
after referred to as the Collector,
WITNESSETH:
The City and the Collector, in consideration of the mutual covenants,
agreements and considerations contained herein, agree as follows:
1. EXCLUSIVE CONTRACT
The City grants to the Collector the exclusive right and obligation
to provide solid waste collection services within the City boundaries, present
and future, except as so stated in this contract.
2. TERM
The term of this contract shall be a period of five (5) years
beginning May 1, 1978 and terminating April 30, 1983.
3. OPTION TO RENEW
The parties hereto may extend this contract for one (1) year terms
by mutual consent in writing at least ninety (90) days prior to the expiration of
the current term.
4. SERVICE
(a) Refuse pickup shall occur twice weekly from all locations
unless specified otherwise. Pickup will be from tlx: customer's
container location (back yard service) or preselected dumpster
locations. The Collector's collection schedule will be approved by the
City.
(b) The Collector will provide dumpster containers for apartment
complexes and all condominium complexes unless specifically excluded.
Containers will also be provided businesses requiring such containers.
(c) All containers provided by the Collector for use on this contract
shall be new and of a type acceptable to the City. All Collector's
MICROFILMED 4-10-80
containers supplied shall be equipped with easy opening, positive
closing lids.
(d) A once a week trash pickup service shall be provided for all
non-containerized trash placed at curb side, at no cost.
(e) The Collector shall pick up all refuse and trash from all
City facilities, including parks and recreational complexes, and
containers at all beach end streets, at no cost to the City.
5. HOURS
Residential: Collection shall be made in residential areas
beginning no earlier than 7:00 a. m. Collection shall not occur after 6:00 p. m.
or on Sundays, except in time of emergency.
Commercial: Collections may be made at shopping centers and
primarily business and industrial centers, at night or early morning hours if
immediate residential areas are not disturbed by such collections.
6. SPILLAGE AND LITTER
The Collector shall not litter premises in the process of making
collections. During hauling, all solid waste shall be contained, tied or
enclosed so that leaking, spilling or blowing are prevented. In the event of
spillage by the Collector, the Collector shall promptly clean up the litter.
7. APPROVED CONTAINERS
All commercial containers (dumpsters) serviced by the Collector
shall be provided by the Collector. Amounts and types of refuse placed for
residential collection shall be stored in containers of a type acceptable to the
City.
8. UNAPPROVED CONTAINERS
The Collector shall not be required to collect refuse unless it is
in approved containers, except as provided for by the once a week trash pickup.
9. SPECIAL MATERIALS
The Collector may provide haul service for materials not routinely
2.
MICROFILMED 4-10-80
generated in residential areas, e.g. , construction debris. Collection shall
be as negotiated by the customer and the Collector.
10. EXTRAORDINARY MATERIALS
Hazardous wastes, body wastes, dead animals, abandoned
vehicles, vehicle parts, large equipment and parts thereto will not be collected
by the Collector unless specifically directed by the City and agreed to by the
Collector, at a price to be negotiated per individual collection.
11. COLLECTION EQUIPMENT
(a) The Collector shall have on hand at all times, in good working
order, such equipment as shall permit the Collector, adequately and
efficiently,. to perform its duties hereunder. The equipment shall be
purchased from a nationally known and recognized manufacturer.
(b) The Collector shall maintain all collection equipment in good
repair, acceptable appearance, clean and sanitary at all times. The
Collector shall have available for its use at any time, reserve equip-
ment which it can put into operation within twelve (12) hours of any
breakdown. Reserve equipment must be capable of performing in
such a manner as will allow the Collector to meet the general terms
of its contract.
(c) The Collector will be responsible for all commercial
(dumpster) container maintenance and upkeep. Collector shall not
allow same to become rusty and dilapidated, but shall maintain it in
a neat and operable condition.
(d) The Collector will be required to spray with disinfectant, all
commercial (dumpster) containers once each thirty (30) days.
12. OFFICE
The Collector shall use its existing office facility at 3303 Lake
Drive, Cocoa, Florida. The Collector will provide radio communication from
its office to all vehicles operating in the City of Cape Canaveral. The
Collector shall also provide emergency telephone service at all hours which its
office is not open.
3.
MICROFILMED 4-10-80
13. TITLE TO WASTE
The City shall have vested title to all solid waste materials
generated within the corporate limits of the City, including all rights to
recycling said materials.
14. DISPOSAL
All solid waste shall be transported to the Brevard County,
Florida operated Solid Waste Disposal station as required by County
Ordinance. The City may provide for recycling solid waste, if not otherwise
prohibited by law.
15. DEFINITIONS
(a) Approved Container shall mean industrial containers as
defined herein, and trash cans provided by customer and acceptable
to the City.
(b) Bulk Container - shall mean a fifty-five (55) gallon drum
supplied by the City for temporary storage of refuse or trash at
street end beach locations and other City recreational facilities.
(c) Business - shall mean and include all retail, professional,
wholesale and industrial facilities and any other commercial
enterprises offering goods or services to the public.
(d) Commercial - shall mean and include all dwellings and
businesses serviced by an industrial container of two (2) cubic yard
capacity or greater.
(e) Containerized business - shall mean and include any business,
multi-family dwelling or other structure whose garbage and/or trash
is deposited in an approved container for removal by the Collector.
(f) Duplex - shall mean and include a detached two-family
dwelling designed or intended for occupancy by two (2) families.
(g) Garbage - shall mean and include all waste and accumulation
of animal, fruit or vegetable matter that attends, or results from the
4.
MICROFILMED 4-10-80
preparation, use, handling, cooking, serving or storage of meats,
fish, fowl, fruit, vegetable matter, of any nature whatsoever, which
is subject to decay, putrification, and the generation of noxious and
offensive gases or odors, or which may serve as breeding or feeding
materials for flies and /or other germ carrying insects.
(h) Hazardous materials - shall mean wastes that are hazardous
by reason of their pathological, explosive, radiological or toxic
characteristics.
(i) Horticultural trash - accumulation of lawn, grass or
shrubbery cuttings, or clippings and dry leaf rakings, palm fronds,
small tree branches (shallnotexceed four (4) feet in length and
thirty (30) inches in diameter), bushes, or shrubs, green leaf cuttings,
coconuts, fruits, or other matter usually created as refuse in the care
of lawns and yards, except large branches, trees or bulky or non-
combustible materials not susceptible to normal loading.
(j) Individual containers - shall mean containers provided by
the residents for temporary storage of refuse.
(k) Industrial - shall mean establishments generating 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.
(1) Industrial container - a two (2) cubic yard or larger
container which can be emptied by mechanical means.
(m) Multi-family dwelling - shall mean and include any
building or structure containing four (4) or more contiguous living
units and intended exclusively for residential use by single persons
or families.
5.
MICROFILMED 4-10-80
(n) Non-containerized business - shall mean and include any
dwelling, business, apartment or other structure whose trash is
deposited and collected by means other than a container.
(o) Refuse - shall mean a combination of garbage, horticultural
trash and small pieces of materials which are containerized for
routine pickup.
(p) Single-family residence - shall mean and include a detached
single-family dwelling designed or intended for occupancy by one (1)
person or by one (1) family.
(q) Special material - shall mean those bulky materials or other
special wastes that are not stored in approved containers and are not
routinely generated in residential areas.
(r) Trailer parks - shall mean and include any group of two (2)
or more trailer lots operated as a commercial business to provide
parking for mobile homes as living units.
(s) Trash - combination of large horticultural trash and material
which by the nature of its size cannot be containerized.
(t) Triplex - shall mean and include a detached three-family
dwelling designed or intended for occupancy by three (3) families.
16. CHARGES AND RATES
For services required to be performed under this contract for
solid waste collections and subsequent transportation to the Brevard County
Solid Waste Disposal Station, the rates shall be as follows:
(a) Regularly scheduled twice weekly conventional backyard collection
service for:
(1) Single family residences and duplex living units at $3. 70
per living unit per month.
(2) Mobile home units at $2.50 per living unit per month.
(3) Individual apartment or condominium units with trash cans
at $2.50 per living unit per month.
6.
MICROFILMED 4-10-80
(4) Individual commercial business accounts with trash cans
at $10.00 per month, or 60¢ per can per pickup.
(b) Regularly scheduled twice weekly collection from collector
supplied commercial dumpsters used by commercial businesses,
apartment complexes and condominiums at $11.20 per container yard
per month.
(c) Special collection services in addition to the normally provided
twice weekly service in paragraph (b) a bove at $1.60 per container
yard per pickup.
(d) For items requiring special handling due to size, weight, type of
material or method of placement, the charges are to be negotiated
between Collector and the customer prior to collection.
(e) Changes to the Brevard County dumping fees may occur during
the period of this contract. If this situation should occur, changes in
these fees will be applied directly, up or down, to the rates of service
herein quoted by the Collector.
17. PICKUP LOCATION
Refuse shall be picked up from residential back yard locations,
or preselected permanent industrial container locations. Residential
containers shall not be placed inside fenced areas. Trash will be
picked up from curb side locations.
18. CHANGES IN COST OF DOING BUSINESS
The contract price will be adjusted up or down to compensate for
any change in the cost of living. This adjustment shall only be applied
against labor and supply cost for which the Collector can show
escalation and will be paid in the specific amount of escalation not to
exceed the computation in paragraph 2 below.
7.
MICROFILMED 4-10-80
(a) (1) Adjustment of contract price. The contract price to be paid
to the Collector during each year, beginning May 1, 1980,
shall be adjusted by any change in the cost of living determined
in accordance with the formula set in subparagraph (2) below,
but not to exceed actual cost increase.
(2) Computation of adjustment in contract price. As promptly as
practicable at the end of each contract year, beginning with the
end of contract year ending April 30, 1980, during the term of
this agreement, or any extension thereof, City shall compute
the new contract price, using as the basis of such computation
the "Consumer Price Index" - U. S. City Average "all items"
(1967=100), hereinafter called the Index, published by the
Bureau of Labor Statistics of the United States Department of
Labor.
The Index number for the month of February, 1978 shall be the
"base Index number" and the corresponding Index number for
the month of February in the year of each anniversary of this
agreement, or any extension thereof, shall be the current
Index number.
Beginning May 1, 1980 and each year thereafter, the new
contract price shall be determined by dividing the current
Index number (CIN) by the base Index number (BIN), in
accordance with the following formula, dropping all digits
after the hundredth:
The new contract price= (CIN)X the base year contract price
(BIN)
as adjusted in paragraph (c) below. Any portion of the change
in the annual contract price retroactively due shall be payable
within five (5) days after the computation hereunder has been
made.
8.
MICROFILMED 4-10-80
Appropriate adjustment shall be promptly made in case there
is a published amendment of the Index figures upon which the
computation is based.
If publication of the Consumer Price Index is discontinued,
the parties hereto shall accept comparable statistics on the
cost of living as computed and published by an agency of the
United States or by a responsible financial periodical or
recognized authority then to be selected by the parties.
(b) Increase or decrease in the standard Workmen's Compensation
Insurance rate without experience modification based on actual payroll
May 1, 1978 in the month following the change.
(c) Addition or deletion of billed refuse accounts including residential,
business and commercial which result in the placement or removal of
containers. Contract shall be adjusted in the month following such
placement or removal.
19. BILLING - CITY REFUSE ACCOUNTS
The City of Cape Canaveral will be responsible for all billing and
collection services associated with the City Refuse Accounts, except in those
instances where this contract provides for the customer to negotiate special
rates with the Collector.
20. CERTIFICATION OF CITY REFUSE ACCOUNTS
The City of Cape Canaveral shall certify to the Collector on the
last Friday of each calendar month the number and size of all individual and
industrial containers in service in the City. The Collector agrees that the
City may, in the discretion of the City Manager, delete those dwellings or
commercial units which are vacant or unoccupied, from the billing for each
month.
21. PAYMENTS TO COLLECTOR
The Collector shall submit to the City by the tenth (10th) of each
month their statement for services provided during the preceding month.
9.
MICROFILMED 4-10-80
The statement shall include line item billing for refuse service, trash
service, special hauls and any County dumping fees imposed on the
Collector.
22. SERVICE - NEW AND DISCONTINUED - BILLING BY CITY
The Collector shall commence service at any location within
the Contract area upon notice from the City.
The Collector shall discontinue collection service at any
location when set forth in a written notice sent to him by the City. Upon
further written notification by the City, the Collector shall resume service.
Interim notices may be provided by telephone, with written confirmation to
follow. No charge shall be made to the customer or City for the placement
or removal of any container.
23. COMPLAINTS
All complaints will be referred to and handled by the City.
Complaints received by the City and considered to be serious in nature will
be documented in writing and forwarded to the Collector for his investigation
and correction or explanation. Collector's response to this type of complaint
will be by written reply and will be made with three (3) working days after the
complaint is received. The Collector's reply will include specific actions
taken to correct the area of concern.
All routine contacts dealing with random omission of service, etc. ,
will be transmitted from the City to the Collector verbally and will be
responded to by the Collector in an expeditious manner the same day the
contact is made or immediately the following morning.
24. NOTIFICATION OF CUSTOMERS
The City shall agree to initially notify all customers about
complaint procedures, rates, regulations and day(s) of collection.
25. ROUTES AND SCHEDULES
The Collector shall provide the City with schedules of collection
routes and keep such information current at all times. In the event of
10.
MICROFILMED 4-10-80
changes in routes or schedules that will alter the day of pickup, the
Collector shall so notify each customer affected by mail or news media not
less than one (1) week prior to the change.
26. COLLECTOR'S PERSONNEL
(a) The Collector shall assign a qualified person or persons
to be in charge of its operations in the City, and shall give
the name or names to the City. Information regarding the
experience of this person or his successor(s) shall be
furnished to the City.
(b) The Collector shall require that its collection employees
wear a clean uniform or shirt bearing the Collector's name.
(c) The City may request the transfer or dismissal of any
employee of the Collector who violates any provision of this
contract, or who is wanton, negligent, or discourteous in
the performance of his duties, as may be determined by the
City Manager.
27. COLLECTION SERVICES
The Collector shall be responsible for performing the following
services within the City of Cape Canaveral:
(a) Collection of all solid waste, both refuse and trash placed as
required by paragraph 17, a minimum of twice weekly.
(b) Collection of trash once a week throughout the City.
(c) Deposit all trash and refuse collected hereunder at approved sites
or facilities legally empowered to accept it as provided by the County
and State governing agencies.
(d) The Collector shall not be required to, but may, pick up refuse on
those holidays on which the County dump is closed.
(e) The employees of the Collector shall not be required to expose
themselves to the danger of being bitten by vicious animals in order
to perform their duties hereunder.
11.
MICROFILMED 4-10-80
(f) The Collector shall make collections of garbage and trash with as
little disturbance as possible. Containers shall be thoroughly emptied
and left at the premises where they are found.
(g) All routing and scheduling of trucks used by the Collector for the
pickup of trash and garbage from containers shall be left to the
discretion of the Collector to the end that the schedule of pickups shall
be reasonably equally spaced during each week and shall assure
maximum efficiency of operation.
(h) The Collector will be responsible for any container damage
resulting from carelessness by his employees.
(i) Collector must supply equipment equipped with spray system so
that all industrial containers shall be sprayed on a once a month basis
with a disinfectant.
(j) Collector will collect any and all refuse and/or trash that may be
required by the City.
28. STANDARD OF PERFORMANCE
(a) If the Collector fails to collect the solid waste materials herein
specified for a period in excess of two (2) consecutive, scheduled,
working days or fails to operate the system in a satisfactory manner in
accordance with this contract, for a similar period, the City may move
as follows (provided such failure is not due to war, insurrection, riot,
Act of God, or any other cause beyond the Collector's control):
(1) at its option, after written notice to the Collector as provided
hereinafter, take over and operate any or all of the Collector's
equipment used in the performance of this contract.
(2) use and operate same itself until such matter is resolved
and the collector is again able to carry out its operation under
this contract; any and all operating expenses incurred by the City
in doing so may be deducted by it from compensation to the
collector hereunder.
12.
MICROFILMED 4-10-80
During such period, the liability of the City to the Collector
for loss or damage to such equipment so used shall be that of
a bailee for hire, ordinary wear and tear being specifically
exempt from such liability. The liability of the Collector to
third persons shall cease and all claims or demands arising
out of the operation of the collection service shall be directed
solely to the City.
(b) Provided, however, if the Collector is unable for any cause to
resume performance at the end of thirty (30) calendar days, the City
shall be free to negotiate with other collectors for the operation of
said collection service. Such operation with another collector shall
not release the Collector herein of its liability to the City for such
breach of the contract. In the event that this contract is so negotiated
with a new collector or other collectors, third party liability of the
Collector herein shall terminate insofar as same arises from tortious
conduct in operation of the collection service.
29. BANKRUPTCY
It is agreed that if the Collector is adjudged bankrupt, either
voluntarily or involuntarily, then this contract sha 11 terminate effective on
the day and at the time the bankruptcy petition is filed.
30. DISPUTES
Any controversy, claim or dispute, arising out of or relating to
this contract, including questions of performance or fees and charges, shall
. be handled as follows:
(a) The City Manager will attempt to resolve the dispute with the
Collector.
(b) If the City Manager cannot resolve the dispute with the Collector
within ten (10) days of first being notified of the dispute, or initiating
the dispute, the mattershall be submitted to the City Countil to be acted
upon at the next regularly scheduled City Council meeting.
13.
MICROFILMED 4-10-80
(c) If the City Council fails or is unable to settle the dispute, then
either party may pursue its available legal remedies.
31. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by
the Collector of any provisions hereof shall in no way affect the right of the
City thereafter to enforce same. Nor shall waiver by the City of any breach
of any provisions hereof be taken or held to be a waiver of any succeeding
breach of such provision or as a waiver of any provision itself.
32. LAW TO GOVERN
This contract shall be governed by the laws of the State of Florida
both as to interpretation and performance.
33. COMPLIANCE WITH LAWS
The Collector shall conduct operations under this contract in
compliance with all applicable laws.
34. ILLEGAL PROVISIONS
If any provision of this contract shall be declared illegal, void,
or unenforceable, the other provisions shall not be affected but shall remain
in full force and effect.
35. PERMITS AND LICENSES
The Collector shall obtain at its own expense all permits and
licenses required by law or ordinance and maintain same in full force and
effect.
36. PERFORMANCE BOND
The Collector shall furnish to the City a Performance Bond for the
faithful performance of this contract and all obligations arising hereunder,
in the amount of Twenty-five thousand dollars ($25, 000. 00). It shall be
executed by a surety company licensed to do business in the State of Florida.
37. WORKMEN'S COMPENSATION INSURANCE
The Collector shall provide and maintain during the life of the
contract, adequate Workmen's Compensation Insurance, in accordance with
14.
MICROFILMED 4-10-80
the laws of the State of Florida, for all its employees. A copy of the policy,
annual audits, policy renewals must be provided to the City by the
Collector, and accompanied by a list of applicable Collector's personnel.
38. LIABILITY INSURANCE
The Collector shall provide and maintain during the life of the
contract, Public Liability and Property Damage Insurance and Umbrella
Coverage in the following amounts:
Public Liability $100, 000 per person/$300, 00 per
accident, minimum
Property Damage $100, 000 per any one claim, minimum
Umbrella Liability $1, 000, 000 with a $25, 000 deductible and/
or base insurance minimum
to protect itself, its agents, and its employees from claims for damages for
personal injury, including wrongful and accidental death and property damage
which may arise from operations under the contract, whether such
operations be performed by itself or its employees. The policy or policies
shall name the City as additional insured and shall contain a clause that the
insurer will not cancel or decrease the insurance coverage, without first
giving the City thirty (30) days notice in writing.
While no minimum policy period will be required by the City, it
is expected that long-term policies will be utilized in order to obtain lower
premiums. Insurance shall include all documents issued by all insurance
companies licensed to do business in this State. The Collector shall provide
the City with copies of all policies, audits and renewals.
39. INDEMNITY
The Collector will defend, indemnify, save harmless and exempt
the City, its officers, agents, servants and employees from and against any
and all suits, actions, legal proceedings, claims, demands, damages, costs,
expenses, and attorneys' fees resulting from injury to persons or damage to
property arising out of work done in the performance of this contract. The
15.
MICROFILMED 4-10-80
City reserves the right to retain counsel of its choice at its own expense,
or, in the alternative, approve counsel obtained by the Collector.
40. ASSIGNMENT AND SUB-LETTING
No assignment of the contract or any right occurring under this
contract shall be made in whole or part by the Collector without the express
written consent of the City Council. In the event of any assignment, the
assignee shall assume the liability of the Collector.
41. BOOKS AND RECORDS
The Collector shall keep records of all costs and expenses
incurred in performance of this contract. These records shall be made
available to the City to substantiate all contract adjustments. An annual
audit may be requested by the City and conducted by an auditor selected by
the City, at the Collector's expense. A copy of said audit shall be furnished
to the City.
42. POINT OF CONTACT
All dealings, contacts, notices, etc. , between the Collector and
the City shall be directed by the Collector to the City Manager or his delegated
authority, City of Cape Canaveral, Florida, and by the City to L. L. Fleckinger,
Fleckinger Refuse, Inc. , Post Office Box 3803, Cocoa, Florida 32922.
43. NOTICE
A letter addressed and sent by certified United States Mail to
either party at its business address shown hereinabove shall be sufficient
notice whenever required for any purpose in this contract.
44. EFFECTIVE DATE
This contract shall become effective and the Collector shall begin
collection of the solid wastes as covered herein on May 1, 1978.
45. LIQUIDATED DAMAGES
As a breach of the service by this contract would cause serious
and substantial damage to the City and its occupants, and the nature of this
16.
MICROFILMED 4-10-80
contract would render it impracticable or extremely difficult to fix the actual
damage sustained by the City by such breach, it is agreed that in case of
breach of service, the City may elect to collect liquidated damages for each
such breach and the Collector will pay to the City as liquidated damages and
not as a penalty, the amounts set forth below, such sums being agreed as the
amount which the City will be damaged by the breach of such service. An
election to seek such remedies shall not be construed as a waiver of any legal
remedies the City may have as to any subsequent breach of service under this
contract.
A truck beginning residential collections prior to 7:00 a.m. - $25.00 per day
Failure to collect misses within twenty-four (24) hours of - $10.00 each
notification to collector residential or commercial
unit served by container
Repetition of valid complaints on a route after notification
to replace container in designated location, spilling, not
closing gate, crossing planted areas or similar violations - $5.00 each.
Such liquidated damages as the City shall elect to collect will be deducted from
the monthly payments due the Collector. Each complaint shall be determined
on the basis of a joint inspection, if necessary, by a representative of the City,
and a representative of the Collector, and the decision of the City Manager that
any complaint is legitimate shall be final.
46. DEFAULT OF CONTRACT
Should the Collector abandon, delay unnecessarily in the per-
formance of, or in any manner refuse or fail to comply with any of the terms
of its contract, or neglect or refuse to comply with the instructions of the City
relative thereto, the City shall notify the Collector, in writing, of such
abandonment, delay, refusal, failure or neglect and direct it o comply with all
provisions of the contract. A copy of such written notice is to be mailed to the
surety on the Performance Bond and delivered to the City.
Should the Collector fail to show cause why it has abandoned,
delayed, refused, failed or neglected to comply with the terms of the contract,
to the satisfaction of the City Council, the City Council may, by resolution,.
declare a default of the contract and notify the Collector and the surety on the
17.
MICROFILMED 4-10-80
Perfor mance Bond of such declaration of default, or the City may take such
other action as it may deem advisable.
Upon such declaration of default, all payments due the Collector
shall be retained by the City and applied to the completion of the contract and
to damages suffered and expense incurred by the City by reason of such
default, unless the surety on the Performance Bond shall assume the
contract, in which event all payments remaining due the Collector at the
time of default, less amounts due the City from the Collector and less all
sums due the City for damages suffered and expenses incurred by reason of
such default shall be due and payable to the surety. Thereafter, such
surety shall receive monthly payments equal to those that would have been
paid the Collector had such Collector continued to perform the contract.
If such surety fails to exercise such option, the City may
complete the contract or any part thereof, either by day labor or by re-
letting a contract for the same, and the City shall have the right to take
possession of and use any or all of the vehicles, materials, equipment,
facilities and property of every kind provided by the Collector for the
performance of this contract, and to procure other vehicles, equipment and
facilities necessary for the completion of the same, and to charge the cost
of same to the Collector, together with the cost incident thereto.
In the event the City completes the contract at a lesser cost than
would have been payable to the Collector under such contract if the same had
been fulfilled by said Collector, then the City shall retain such difference.
Should such cost to the City be greater, the Collector shall be liable for and
pay the amount of such excess to the City.
Should the Collector fail at any time to perform all or any part
of the contract for a period of more than two (2) days, for whatever cause or
reason, the City Council may at such time or any time thereafter, with the
consent of the Collector, take possession of all the Collector's equipment,
18.
MICROFILMED 4-10-80
vehicles, and facilities, and employ such force as it may deem advisable
to continue the work; and the cost of all labor, materials and equipment
necessary for such work shall be paid by the City of Cape Canaveral,
Florida, out of monies then due or to become due the Collector under and
by virtue of the contract for the work herein specified.
IN WITNESS WHEREOF, theCity and the Collector have executed
this contract as of the day and year first above written.
CITY OF CAPE CANAVERAL
By [signature]
Ann Thurm, Mayor
Attest:
[signature]
Antia J. Ostrom, City Clerk
Approved as to form:
[signature]
Richard F. Scott, City Attorney
FLECKINGER REFUSE, INC.
By [signature]
Attest:
[signature]
[faded seal]
19.
ORDINANCE NO. 9-78
AN ORDINANCE RELATING TO GARBAGE AND TRASH
COLLECTION, REQUIRING GARBAGE RECEPTACLES,
PRESCRIBING LOCATION AND CONDITION OF SAID
GARBAGE RECEPTACLES, ESTABLISHING REGULATIONS
FOR PICKUP AND REMOVAL OF GARBAGE AND TRASH;
PROVIDING PENALTIES FOR VIOLATION; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 673.01. Definitions: For the purpose of this chapter, the
following words and terms shall have the following meanings:
(a) Approved Container shall mean industrial containers as defined
herein, and trash cans provided by customer and acceptable to
the City.
(b) Bulk Container shall mean a fifty-five (55) gallon drum supplied
by the City for temporary storage of refuse or trash at street
and beach locations and other City recreational facilities.
(c) Business shall mean and include all retail, professional,
wholesale and industrial facilities and any other commercial
enterprises offering goods or services to the public.
(d) Commercial shall mean and include all dwellings and businesses
serviced by an industrial container of two (2) cubic yards
capacity or greater.
(e) Containerized business shall mean and include any business,
multi-family dwelling or other structure whose garbage and/or
trash is deposited in an approved container for removal by the
Collector.
(f) Duplex shall mean and include a detached two-family dwelling
designed or intended for occupancy by two (2) families.
(g) Garbage shall mean and include all waste and accumulation of
animal, fruit or vegetable matter that attends, or results from.
the preparation, use, handling, cooking, serving or storage of
meats, fish, fowl, fruit, vegetable matter, of any nature what-
soever, which is subject to decay, putrification, and the
generation of noxious and offensive gases or odors, or which may
serve as breeding or feeding materials for flies and/or other
germ carrying insects.
(h) Hazardous materials shall mean wastes that are hazardous by
reason of their pathological, explosive, radiological or toxic
characteristics.
(i) Horticultural trash shall mean accumulation of lawn, grass
or shrubbery cuttings, or clippings and dry leaf rakings,
palm fronds, small tree branches (shall not exceed four (4)
feet in length and thirty (30) inches in diameter), bushes or
shrubs, green leaf cuttings, coconuts, fruits or other matter
usually created as refuse in the care of lawns and yards,
except large branches, trees or bulky or non-combustible
materials not susceptible to normal loading.
(j) Individual containers shall mean an individual twenty (20) or
thirty (30) gallon container provided by the resident for
temporary storage of refuse.
(k) Industrial shall mean establishments generating 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.
(1) Industrial container shall mean a two (2) cubic yard or larger
container which can be emptied by mechanical means.
(m) Multi-family dwelling shall mean and include any building or
structure containing four (4) or more contiguous living units
and intended exclusively for residential use by single persons
or families.
(n) Non-containerized business shall mean and include any
dwelling, business, apartment or other structure whose trash
is deposited and collected by means other than a container.
(o) Refuse shall mean a combination of garbage, horticultural
trash and small pieces of materials which are containerized
for routine pickup.
(p) Single-family residence shall mean and include a detached
single-family dwelling designed or intended for occupancy by
one (1) person or by one (1) family.
(q) Special material shall mean those bulky materials or other
special wastes that are not stored in approved containers and.
are not routinely generated in residential areas.
(r) Trailer parks shall mean and include any group of two (2) or more
trailer lots operated as a commercial business to provide
parking for mobile homes as living units
(s) Trash shall mean a combination of large horticultural trash
and material which by the nature of its size cannot be
containerized.
(t) Triplex shall mean and include a detached three (3) family
dwelling designed or intended for occupancy by three (3)
families.
673.02 SECTION 2. Garbage receptacles to be provided:
(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 anyplace or business or commercial
establishment within the City are hereby required to provide a
garbage receptacle to hold four (4) days accumulation of
garbage.
(b) In lieu of individual garbage receptacles, an industrial
container or containers may be used. Said container shall be
provided by the collector and the City Manager shall first
determine whether or not an industrial container shall be
provided to any owner, user, manager or occupant so
requesting an industrial container. Multiple dwelling units
containing less than ten (10) units may be provided an industrial
garbage containr at the discretion of the City Manager. All
commercial establishments, establishments other than
professional offices or other offices shall be required to have
mechanical containers at the discretion of the City Manager.
Single family residences, duplexes and triplexes shall not be
permitted to use industrial 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 a garbage receptacle or receptacles or industrial
container or containers adequate and sufficient in size to comply
with the terms of this ordinance. All such receptacles or -
containers shall be kept tightly covered at all times except
when-it is necessary to lift the cover for disposal or removal of
refuse or to deposit refuse therein. It shall be unlawful for any
person to deposit refuse in such amount in the receptacle or
receptacles or industrial containers that will, not permit the
cover thereof to be kept tightly in place.
672.13 SECTION 3. Residential garbage, refuse and trash pickup conditions:
(a) Residential garbage. All garbage receptacles shall be located
so that they are easily accessible by the Collector and shall not
weigh more than forty (40) lbs. No collection of garbage will.be,
made by the Collector within any fenced-in yard, closed
enclosure, or where the collector w)uld be exposed to a
potentially vicious animal. It shall be the responsibility of all
owners and residents and all occupants of single or multiple
family dwelling units with such fenced-in yards or enclosed
areas to place the garbage receptacles in an area which is
easily accessible to the collector on collection days.
(b) Residential trash or rubbish collections. Horticultural trash,
household trash and rubbish collections will be made at the
front property line adjacent to the street. (Accumulations of
garden and yard trash shall be so arranged by the owner,
resident or occupant of any residential dwelling so that said
accumulation shall not exceed five (5) feet in height, five (5)
feet in width and five (5) feet in length, and shall not include
branches which are more than thirty (30) inches in diameter or
four (4) feet in length. Accumulations in excess of these
800
limitations will be collected as otherwise provided in this
ordinance. Accumulations of grass, leaves, greenleaf
cuttings, fruits and similar loose materials shall be placed in
bags, boxes or otherwise containerized for ease in handling.
Collector shall be required to pick up no more than one large
piece of furniture or appliance per residential dwelling unit at
any regular pickup. Accumulations in excess of this require-
ment shall be collected as otherwise provided in this ordinance:
(c) Location of garbage receptacles. Garbage receptacles 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. 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. No garbage receptacle or
industrial container shall be placed on any City right-of-way,
except for immediate pickup. The City Manager may make an
exception to location of an industrial container or garbage
receptacle on any City right-of-way, in writing. Industrial
containers shall not be placed in such manner as to hinder the
closing of container lids.
(d) Obstruction. It shall be unlawful for any person to park a motor
vehicle in such a way that the collector cannot service industrial
containers or otherwise block access to such containers.
(e) It shall be unlawful for a person to place refuse in a container
assigned to another address, without written permission of the
owner.
SECTION 673.04. Burning or burying of garbage, horticultural trash,
household trash and rubbish: It shall be unlawful for any person to bury
garbage, horticultural trash, household trash or rubbish which is or is
reasonably likely to become a nuisance or menace or threat to the health
of residents within the City. No such garbage, horticultural trash,
household trash or rubbish shall be burned within the corporate limits of
the City of Cape Canaveral, unless approval has first been obtained from
the City Manager. ORI)
SECTION 673.05. Proper disposal of garbage and refuse as a prerequisite to
collection: No removal or collection of garbage and refuse shall be required
by the Collector from any premises within the City, unless the garbage and
refuse is deposited in a proper receptacle as herein defined, and the owner
or occupant or person responsible for using said premises shall be prosecuted
for non-compliance.
4
014
SECTION 673.06. Unlawful accumulation: It shall further be unlawful
and a violation of this chapter for the owner and/or occupant or manager
or person responsible for any land or premises to permit, suffer, allow,
either by commission or omission any accumulation of garbage,
horticultural trash, household trash and rubbish, or industrial waste, upon
premises or property within the City of Cape Canaveral for a period longer
than four (4) days without having arranged for disposal of said accumulation
by the Collector to perform such services and it shall be unlawful and a
violation of this chapter for any person, whether owner, manager or
occupant of any premises, to fail to provide a sufficient number of
containers or receptacles per unit as provided herein, to amply provide
for any four (4) day period of garbage, horticultural trash, household
trash or rubbish. Nothing herein contained shall prevent the owner or
occupant, manager or person responsible for said premises to remove
accumulations of horticultural trash, household trash or rubbish or
industrial waste, himself, to a proper place of disposal. In the event that
removal of excess accumulations are arranged with the Collector, the rate
charged by the Collector shall be negotiated and shall be paid in advance as
may be required by the Collector. OR NO
SECTION 673.07. Unlawful disposal: It shall be unlawful to deposit or
dispose of garbage, horticultural trash, household trash, rubbish or
industrial waste upon the premises of another, or upon any street, alley,
parkway or other public property, or any canal, ditch, water, waterway,
river, ocean, sandbed, pool, pond or the like, within the City, or in the
receptacle of another, except that tenants of multiple dwellings or
businesses, where authorized, may deposit such accumulations in
receptacles upon which the owner or manager of said multiple dwelling,
apartment, or business building has authorized for the use of the tenants
by the owner or manager thereof. OR NO
5
SECTION 673.08. 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, horticultural trash, household trash,
rubbish or industrial waste through or over the public streets or alleys
of the City, except as otherwise provided in Section 673.06 hereof. This
provision shall be literally construed to protect the public health, safety
and general welfare. ORD
SECTION 673.09. Complaint procedure: The Collector 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. ORD
SECTION 673.10. Penalties; Any person who fails to comply with this
ordinance, or who violates the same, or who creates or maintains garbage,
gar-den-and-yard-trash, household trash or rubbish, shall be considered as
having violated this ordinance, and upon conviction in a court of competent
jurisdiction, shall be punished by a fine not to exceed $250.00 or imprison-
ment not to exceed ten (10) days, or by both such fine and imprisonment. ORD
SECTION 673.11.
(a) Schedule of fees: The owner of any residence or commercial
building-within the City of Cape Canaveral, Florida, shall pay the following
fee as provided for in Section 673.02 hereof:
1. Single Family Residences and Duplex living units at $3. 85
per living unit per month.
2. Mobile Home Units at $2.60 per living unit per month.
3. Individual Apartments or Condominium Units at $2.60
per living unit per month.
4. Individual commercial business accounts with individual
containers at $4. 70 per month not to exceed 3 industrial containers
per pick up.
5. Commercial businesses, Apartment Complexes and
Condominiums using industrial containers at $11.65 per container
yard per month.
6
6. Special Collection Services at $1.65 per container yard
per pickup.
7. Items requiring special handling due to size, weight,
type of material or method of placement at a price to be negotiated
between the collector and customer prior to collection.
8. Rates for services not provided for in this chapter
shall be determined by the City Manager, based on rates provided
herein for similar types of services.
9. A 25 cent billing charge shall be added to each bill sent by
the City.
The above initial schedule of fees is subject to revision from time to
time as may be necessary, and all subsequent revisions shall be by resolution
of the City Council of the City of Cape Canaveral.
(b) Failure of users to pay for fees in the preceding subset on within
thirty (30) days of the billing date shall be a violation of this_ordinance. Thi
addition, the City shall have the right to seek enforcement and collection of
the overdue fee through civil proceedings in a court of competent jurisdiction,
including a reasonable attorney's fee and costs, if such civil action is
necessary.
(c) All fees becoming due and payable on or after the effective date
of this chapter shall constitute and are hereby imposed as a special assess-
ment lien against the real property and personal property aforesaid, and
until fully paid and discharged, shall remain liens equal in dignity with the
City's ad valorem axes, and superior in rank and dignity to all liens,
encumbrances, titles and claims in, to or against the real property involved.
Such fees shall become delinquent if not fully paid within thirty (30) days after
the due date. All delinquent service charges shall bear a penalty as follows:
Single family, duplex and triplex - $1.00 per month from due date;
All other residential - $1. 00 per month from due date;
Commercial - $5.00 per month from due date.
Unpaid delinquent service charges, together with all penalties imposed
thereon shall remain and constitute special assessment liens against the real and
personal properties involved. Such special assessment liens for garbage fees
and penalties shall be enforced by any of the methods provided in Chapter 86,
Florida Statutes, or in the alternative, foreclosure proceedings may be
instituted and prosecuted under the provisions of Chapter 173, Florida Statutes,
or the collection and enforcement of payment thereof may be accomplished by
any other method authorized by law.
(d) In addition to the collection procedure and foreclosure procedure
established in the preceding subsections, the City Manager is hereby
empowered to discontinue water and/or sewer service to the owner of any
residence, commercial building or establishment who fails to pay the monthly
garbage charge as provided for in this subsection.
(e) Each condominium association within the City of Cape Canaveral
will be responsible for the monthly condominium garbage fee provided herein.
ORD
7
SECTION 673.12: Authority of City to collect: Nothing contained in this
chapter shall be construed to prevent the City from creating or acting as
its own garbage and/or trash collection or disposal service or facility,
either independently, exclusively or in conjunction with others. ORD
SECTION 673.13: Legislative intent: If this chapter or any section
hereof, 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 shall not affect the legality of the remainder
of this chapter.
SECTION 14: Ordinances in conflict herewith are hereby repealed.
Ordinance No. 5-74 and all amendments thereto, and any other ordinance
or resolution in conflict with this ordinance are hereby repealed.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this day of , 1978.
[no signature]
Mayor
Attest:
[no signature]
City Clerk
Approved as to form:
[signature]
City Attorney
056
CHAPTER 673
ORDINANCE NO. 5 -74
AN ORDINANCE RELATING TO GARBAGE AND TRASH.
COLLECTION, REQUIRING GARBAGE RECEPTACLES,
PRESCRIBING LOCATION AND CONDITION OF SAID
GARBAGE RECEPTACLES, ESTABLISHING REGULATIONS
FOR PICK-UP AND FOR REMOVAL OF GARBAGE AND
TRASH; PROVIDING PENALTIES FOR VIOLATION;
PROVIDING, AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 673.01. Definition: For the purpose of this Chapter, the
following words and terms shall have the following meanings:
(A) Collector shall mean the person or persons, firm or
corporation who, by franchise, license or agreement,
has been authorized by the City of Cape Canaveral,
to provide collection of garbage and trash within the
City of Cape Canaveral.
(B) Garbage shall mean all solid, semi-solid kitchen
refuse, subject to decay or putrefaction and all refuse
of animal, fruit or vegetable matter which was intended
to be used as food and by-products of the preparation
and packaging of such food.
(C) Garden and yard trash shall mean accumulations of
grass, palm fronds, leaves, branches, shrubs, vines
and other similar items generated by the maintenance
of lawns, shrubs, gardens and trees.
(D) Household trash shall mean accumulations of waste
material from the operation of a home, which is not
included in the definition of "Garbage." Household
trash shall include all appliances, furniture, yard toys
and similar discarded personal and household articles.
(E) Rubbish shall mean all waste material which is not
garbage, garden or yard trash or household trash, but
not including industrial wastes, building materials or
land clearing waste.
(F) Industrial waste shall mean any and all debris and waste
products generated by canning, industry, manufacturing,
food processing (except restaurants), land clearing,
building construction or alterations, metals, mineral
matter, stones, cement, concrete derivatives and waste
products generated by public works type construction
projects whether performed by a governmental unit or by
contract and also including waste petroleum products and
other chemicals.
(g) Residential unit shall mean any structure or shelter or
any part thereof used or constructed for use as a residence
of one or two families.
(h) Multiple dwelling unit shall mean any building containing
more than two permanent living units, but not including
motels.
(g) Commercial establishment shall mean any building or usage
not included under residential unit or multiple dwelling unit
definitions as set forth herein.
(h) Garbage receptacle shall mean a galvanized iron or other
standard can or receptacle and a cover to fit said
receptacle or can, of not less than 10 nor more than 32
gallon capacity, said receptacle to have 2 handles upon
the sides thereof, or a suitable bail by which it may be
readily lifted for the purpose of easily emptying same by
the Collector and the cover of which shall be tight fitting
and kept in place on the receptacle or can at all times.
(i) Mechanical containers shall mean that type or make suitable
for dumping by the Collector. Such mechanical containers
as allowed to be used by the City shall be located as may be
determined by the Collector and the City Manager, and shall
be used only to service multiple dwellings and commercial
establishments.
(Ord. No. 5-74, 1, 19 Mar 74)
SECTION 673.02. Garbage receptacles to be provided : 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 within the City of Cape Canaveral.
are hereby required to provide a garbage receptacle or receptacles of
sufficient capacity to hold at least 4 days accumulation of garbage. More-
over, 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 a garbage receptacle
or receptacles adequate and sufficient in size to comply with the terms of
this Ordinance. All said garbage receptacles shall be kept tightly covered
at all times, except when it is necessary to lift the cover for disposal or
removal of garbage, or to deposit garbage therein. It shall be unlawful for
any person to deposit garbage in such amounts in the receptacle or
receptacles that will not permit the cover of said receptacle or receptacles
to/be kept tightly in place. (Ord
ORDINANCE 5-74
PAGE 2 OF 6
SECTION 673.03. Places and conditions of garbage pick-up:
(A) Residential garbage. All garbage receptacles shall be located
so that they are easily accessible by the Collector and shall not
weigh more than 40 lbs. No collection of garbage will be made by
the Collector within any fenced-in yard or closed enclosure. It
shall be the responsibility of all owners and residents and all
occupants of single or multiple family dwelling units with such
fenced-in yards or enclosed areas to place the garbage receptacles
in an area which is easily accessible to the Collector on collection
days.
(B) Residential trash or rubbish collections. Garden and yard
trash, household trash and rubbish collections will be made at the
front property line adjacent to the street. Accumulations of garden
and yard trash shall be so arranged by the owner, resident or
occupant of any residential dwelling so that said accumulation shall
not exceed 5 feet in height, 5 feet in width and 5 feet in length, and
shall not include branches which are more than 3 inches in diameter
or 5 feet in length. Accumulations in excess of these limitations
will be collected as otherwise provided in this Ordinance. Collector
shall be required to pick up no more than one large piece of furniture
or appliance per residential dwelling unit at any regular pick-up.
Where a mechanical container is available, such items will be
placed in the container. Accumulations in excess of this requirement
shall be collected as otherwise provided in this Ordinance.
(C) Location of garbage receptacles. Garbage receptacles shall not
be located in such places or under such conditions as to cause un-
necessary or unreasonable offense to sightliness, cleanliness,
safety or other sanitary conditions. 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. No
garbage receptacle or mechanical container shall be placed on any
City right-of-way, except for immediate pick-up. The City Manager
may make an exception to location of a mechanical container or
garbage receptacle on any City right-of-way, in writing. Mechanical
containers shall not be placed in such manner as to hinder the closing
of container lids. (Ord
SECTION 673.04. Garbage receptacles inspection and condemnation: All
garbage receptacles shall be subject to an inspection and approval or con-
demnation by the Building Official at all times. The Building Official shall
have the right to require painting, repairs or replacement of receptacles.
Upon condemantion by the Building Official of any garbage receptacle, a
notice of such condemnation shall be placed upon the condemned receptacle
or handed to the owner or occupant, or left at his regular place of abode.
It shall be unlawful for any person to place garbage or other material in
such condemned receptacle and the owner or occupant of said premises
shall provide a new receptacle to replace the condemned receptacle. (ORD
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SECTION 673.05. Garbage receptacles to be emptied periodically:
All garbage receptacles shall be emptied twice each week in the residential
districts of the City, in accordance with the schedule agreed upon by the
City and the Collector. Pick-ups for commercial establishments shall be
made as required. (Ord
SECTION 673.06. Burning or burying of garbage, yard and garden trash,
household trash and rubbish: It shall be unlawful for any person to bury
garbage, yard and garden trash, household trash or rubbish which is or is
reasonably likely to become a nuisance or menace or threat to the health
within the City. No such garbage, yard or garden trash, household trash
or rubbish shall be burned within the corporate limits of the City of Cape
Canaveral, unless approval has first been obtained from the City Manager. (Ord
SECTION 673.07. Proper disposal of garbage as a prerequisite to
collection: No removal or collection of garbage shall be required by the
Collector from any premises within the City, unless the garbage is deposited
in a proper receptacle as herein defined, and the owner or occupant of
person responsible for using said premises shall be prosecuted for non-
compliance. (Ord
SECTION 673.08. Unlawful accumulation: It shall further be unlawful and
a violation of this Ordinance for the owner or occupant or manager or person
responsible for any land or premises to permit, suffer, allow, either by
commission or omission any accumulation of garbage, garden and yard trash,
household trash or rubbish, or industrial waste, upon premises or property
within the City of Cape Canaveral for a period longer than 4 days without
having arranged for disposal of said accumulation by the Collector to perform
such services and it shall be unlawful and a violation of this Chapter for
any person, whether owner, manager or occupant of any premises, to fail to
provide a sufficient number of containers or receptacles per unit as provided
herein, to amply provide for any 4 day period of garbage, garden or yard
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trash, household trash or rubbish. Nothing herein contained shall prevent
the.owner or occupant, manager or person responsible for said premises
to remove accumulations of garden or yard trash, household trash or rubbish or
industrial waste, himself, to a proper place of disposal. In the event that
removal of excess accumulations are arranged with the Collector, the
rate charged by the Collector shall be negotiate .and shall be paid in ad-
vance as may be required by the Collector. (Ord)
SECTION 673.09. Unlawful disposal: It shall be unlawful to deposit or
dispose of garbage, garden and yard trash, household trash, rubbish or
industrial waste upon the premises of another, or upon any street, alley,
parkway or other public property, or on any canal, ditch, water, water-
way, river, ocean, sandbed, pool, pond or the like, within the City or in
the receptacle of another, except that tenants of multiple dwellings or
businesses, where authorized, may deposit such accumulations in recep-
tacles upon which the owner or manager of said multiple dwelling, apart-
ment, or business building and which have been authorized for the use of
the tenants, by the owner or manager thereof. Ord
SECTION 673.10. 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, garden or yard trash, household trash,
rubbish or industrial waste through or over the public streets or alleys
of the City, except as otherwise provided in Section 8 hereof, and except
for the purpose of having same picked up by the Collector or other persons
authorized by the City to pick up and dispose of same. This provision
shall be literally construed to protect the public health, safety and general
welfare. Ord
SECTION 673.11. Penaltres: Any person who fails to comply with the provisions
of this Chapter or who violates the same, or who creates or maintains garbage,
garden and yard trash, household trash or rubbish, shall be
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upon conviction in a court of competent
jurisdiction, be punished by a fine not to exceed $100. 00 or imprison-
ment not to exceed 10 days, or by both such fine and imprisonment.
SECTION 673.12. Authority of City to collect: Nothing contained in
this Chapter shall be construed to prevent the City from creating or
acting as its own garbage and/or trash collection or disposal service or
facility, either independantly, exclusively or in conjunction with others. i
SECTION 673.13. Legislative intent: If this Chapter 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 shall not affect the legality of the remainder of
this Chapter:
SECTION 673.14. Ordinances in conflict herewith repealed: Ordinance
No. 4-66 and all amendments thereto, and any other ordinance, or resolution
in conflict with this Ordinance are hereby repealed.
[signature]
Mayor
Attest:
[signature]
City Clerk
Approved as to form:
[signature & seal]
City Attorney
NAME YES NO ABS
MACLAY YES
RHAME YES
RUTOWSKI [didn't vote]
SALVAGGIO YES
THURM YES
First Reading: 2/19/74
Posted: 2/20/74
Second Reading: 3/19/74
Advertised: 2/25/74
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