HomeMy WebLinkAboutOrdinance No. 23-2003 ORDINANCE NO. 23 -2003
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 62 OF THE CITY CODE
RELATING TO THE COLLECTION OF SOLID WASTE AND
RECOVERABLE MATERIALS; PROVIDING FOR REVISED
DEFINITIONS; PROVIDING FOR THE REGULATION OF
RECOVERABLE MATERIALS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the Florida
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council is engaged in a comprehensive review of the City Code of
Ordinances; and
WHEREAS, the City Council desires to update Chapter 62 of the Code of Ordinances to
ensure compliance with Chapter 403, Florida Statutes; and
„r WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 62 of the Code of Ordinances, City of Cape Canaveral,
Florida, is hereby amended as follows (underlined type indicates additions and strikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing
in Chapter 62. It is intended that the text in Chapter 62 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): $'
City of Cape Canaveral
Ordinance No. 23 -2003
Page l of 6
CHAPTER 62 - SOLID WASTE
Sec. 62 -1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Approved container means industrial containers and containers provided by any customer of the city
solid waste removal service and acceptable to the City.
Bulk container means a 55- gallon drum supplied by the city for temporary storage of solid waste at
street and beach locations and other city recreational facilities.
Business means and includes all retail, professional, wholesale and industrial facilities and any other
commercial enterprises offering goods or services to the public.
Collector means any person or entity authorized by the city to collect and remove solid waste.
Commercial means and includes all retail, professional and wholesale facilities, but shall not include
industrial facilities.
Containerized business means and includes any business, multi - family dwelling or other structure
whose solid waste is deposited in an approved container for removal by the collector.
Duplex means and includes a detached two - family dwelling designed or intended for occupancy by
two families.
Hazardous materials waste means solid wast . . ... • . • • . . .. • ,
.. • • , . • • .. • • . . • . • , or a combination of solid wastes, which because of
its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or
significantly contribute to an increase in mortality or an increase in serious irreversible or
incapacitating reversible illness or may pose a substantial present or potential hazard to human health
or the environment when improperly transported, disposed of, stored, treated, or otherwise managed.
The term does not include human remains that are disposed of by persons licensed under Chapter,
470, Florida Statutes.
Individual container means an individual 20- or 30- gallon container for temporary storage of solid
waste.
Industrial means establishments generating solid waste accumulation of metal, metal products,
minerals, chemicals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber, tires, bottles, cans,
lumber, sawdust, wastes from animal packing or slaughterhouses or materials usually created by
industrial enterprises.
Industrial container means a two cubic yard or larger container which can be emptied by mechanical
means.
City of Cape Canaveral
Ordinance No. 23 -2003 `r
Page 2 of 6
Multiple dwelling means and includes any building or structure containing four or more contiguous
living units and intended exclusively for residential use by single persons or families. see also
Recyclable material means . . • . .. • ..:. .. . • , •• . ; , , _ ,
•1 , •‘ 11 0 • • • + • O I •• 11 • , • • those materials which are
capable of being recycled and which would otherwise be processed or disposed as solid waste.
Recoverable materials means metal, paper, glass, plastic, textile, or rubber materials that have
known recycling potential, can be feasibly recycled, and have been diverted and source separated or
have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or
not the materials require subsequent processing or separation from each other, but does not include
materials destined for any use that constitutes disposal. Recovered materials as described above are
not solid waste.
Single-family residence means and includes a detached single-family dwelling designed or intended
g Y g �
for occupancy by one person or by one family.
Solid waste means and-inc-indes sludge unregulated under the Federal Clean Water Act or Clean Air
Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control
facility, or garbage, rubbish, refuse, • :. . , . . , •• .... , special waste,ashes,,
sludge; or other discarded material, including solid, liquid, semisolid, or contained gaseous material
resulting from domestic, industrial, commercial, mining, agricultural or governmental operations.
Special container means any container provided by the city to segregate and collect any type of solid
waste.
Special material means those bulky materials or other special solid wastes that are not stored in
approved containers and are not routinely generated in residential areas.
Triplex means and includes a detached three- family dwelling designed or intended for occupancy
by three families. • Yard waste trash means . • • . •• • • • • • • , • • 1 • .. •
. 1. .1 1 1 • • • Z,11. 1 . , • 1 • 1.1 1111 -
•11 VW 1 . •• - , 1 1 1 111 ,_ • 1 VII 1, . 1 1 •
usually crcatcd the cart of lawns and yards 01 in land-dealing opCratiuns vegetative matter
resulting from landscaping maintenance and land clearing operations.
*
Sec. 62 -4. Ownership by City.
Ownership of solid waste set out for collection shall be vested in the City. It shall be unlawful for
any person other than the authorized collector to disturb, scatter, spread out, or remove any solid
City of Cape Canaveral
Ordinance No. 23 -2003
Page 3 of 6
waste 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.
Nothing in this section shall be construed as prohibiting commercial establishments, that generate
recoverable materials, from selling or otherwise conveying their recoverable material to any properly
certified recovered materials dealer which satisfies the conditions provided in Section 403.7046,
Florida Statutes.
* * *
Sec. 62 -9. Residential solid waste pickup conditions.
(a) Separation of solid waste each owner, resident and occupant of any residential unit shall
not place any yard waste trash; or recyclable or recoverable material in any individual
container. Each individual container shall contain solid waste, excluding yard waste trash,
and recyclable or recoverable materials, which shall be wrapped or inserted into individual
containers in a plastic or paper bag before being inserted into individual containers.
(b) Recyclable or recoverable material. Recyclable or recoverable materials shall be placed
in special containers provided by the City, except in the case of a commercial establishment
which has contracted with a properly certified recovered materials dealer, as provided above
in section 62 -4 of the City Code. Only recyclable or recoverable materials may be contained
in the special containers. Special containers shall be provided for each single - family
residence, duplex and triplex and shall be placed by each owner, resident or occupant at
rtse curbside in front of such residential unit. Multiple dwelling units shall be provided special
containers for use by all occupants of such unit which shall be located at the discretion of the
city manager. No solid waste, other than recyclable or recoverable materials, shall be placed
in a special container. Rccyclablc Recoverable items made of glass shall not be placed in
special containers in a broken condition and shall not be broken in special containers.
(c) Yard wu3te trash. Yard waste trash must be placed in a reusable container which shall
not include any paper or plastic bag. Yard waste trash shall not be commingled with any
other solid waste or recyclable or recoverable material. Limbs shall not exceed four feet in `t
length and shall not weigh in excess of 50 pounds. Limbs should be stacked in a uniform
direction. Containers for yard waste shall be provided by the owner, resident, or occupant of
any residential unit. No other solid waste, including recyclable or recoverable materials, shall
be commingled with yard waste trash.
(d) Solid waste. Solid waste other than yard waste trash and recyclable or recoverable
materials shall be placed in individual containers. Each individual container shall not exceed
50 pounds of solid waste. Any item of solid waste shall not exceed the measurement of four
feet in any direction. Containers for solid waste shall be provided by the owner, resident or
occupant of any residential unit. Recyclable materials and yard waste trash shall not be
commingled with other solid waste.
City of Cape Canaveral
C Ordinance No. 23 -2003
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Sec. 62 -11. Unlawful acts.
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* * *
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(f) Hazardous mule, iul.) waste. It shall be unlawful for any person to deposit or dispose of any
Hazardous materials waste in individual or industrial containers from which the collector removes
solid wastes for the City.
* * *
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Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be changed €
or modified as necessary to effectuate the foregoing.
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Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance. E'
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
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City of Cape Canaveral
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 2' day of
lip, September, 2003. t
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ROCKY RAN S, Mayor
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ATTEST: For Against
Bob Hoog Motion
Jim Morgan Second
Buzz Petsos X
SUS STILLS, City Clerk Rocky Randels X k,
Richard Treverton X 1
First Reading: 8/19/03
Legal Ad published: 8/24/03
Second Reading: 9/2/03
Approved as to legal form and sufficiency for
the Cit • f C . s e Canaveral only:
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ANTHONY A. GARGANESE, City Attorney t
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City of Cape Canaveral
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(.., Ordinance No. 23 -2003
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