HomeMy WebLinkAboutOrdinance No. 33-2003 ORDINANCE NO. 33 -2003
�► AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, ADOPTING TECHNICAL "HOUSE CLEANING"
AMENDMENTS TO CHAPTER 62 OF THE CITY CODE
RELATING TO THE COLLECTION OF SOLID WASTE AND
RECOVERABLE MATERIALS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE; 1
SEVERABILITY; AND 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 i
WHEREAS, the City Council is engaged in a comprehensive review of the City Code of
Ordinances; and
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):
CHAPTER 62 - SOLID WASTE
* * *
Sec. 62 -9. Residential solid waste pickup conditions.
City of Cape Canaveral
Ordinance No. 33 -2003
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(a) Separation of solid waste. . • •• , • • . • • 1 .. • • • • I I • •
• • • , • • • . • • • • • ' • ' • • • . • ' . Each individual
container shall contain solid waste, excluding yard trash, 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.
* * *
Sec. 62 -10. Proper disposal prerequisite to collection.
No removal or collection of solid waste shall be required by the collector from any premises
within the city, unless the solid waste is deposited in proper containers, ,
. . ..1 • . . • • . . • . • • . . . .1
Sec. 62 -11. Unlawful acts.
* * *
(d) Unlawful accumulation. It shall be unlawful for the owner, resident, occupant or manager or
person responsible for any land or premises to permit, suffer or allow, either by commission or
omission, any accumulation of solid waste upon premises or property within the city for a period
longer than four days without having arranged for disposal of the accumulation by the collector to
perform such services and it shall be unlawful and a violation of this chapter for any person, whether
owner, resident, manager or occupant of any premises to fail to provide a sufficient number of solid
waste containers per unit as provided in this chapter to amply provide for any four -day period of
solid waste accumulation. Nothing contained in this section shall prevent the owner or occupant,
resident, manager or person responsible for the premises to remove accumulations of solid water
waste himself on their own behalf, to a proper place of disposal.
(e) Unlawful disposal. It shall be unlawful to deposit or dispose of solid waste upon the premises
of another, or upon any street, alley, parkway or other public property, or any canal, ditch, water,
waterway, river, ocean, sandbedl beach, pool, pond or the like within the city or in the container of
another, except that tenants of multiple dwellings or businesses, where authorized, may deposit such
accumulations in containers which the owner or manager of the multiple dwelling or business
building has authorized for the use of the tenants thereof.
* * *
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.
City of Cape Canaveral
( lye Ordinance No. 33 -2003
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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.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 7th day of
October, 2003.
Rocky Randels, Mayor
ATTEST:
For Against
Bob Hoog X
Jim Morgan Second
Buzz Petsos Motion
Susan tills, City Clerk Rocky Randels X
Richard Treverton X
First Readifig 09/16/2003
Legal Ad published: 09/20/2003
Second Reading: 10/07/2003
Approved as to legal form and sufficiency for
the City • a. - Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 33 -2003
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