HomeMy WebLinkAboutOrdinance No. 22-2004 ORDINANCE NO. 22-2004
Cie AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 62 OF THE CITY CODE,
ENTITLED SOLID WASTE, RELATING TO THE
IMMEDIATE AND CONTINUING NEED FOR COLLECTION
AND DISPOSAL OF BULK TRASH, REFUSE, VEGETATIVE
WASTE, AND RECYCLABLE MATERIALS FROM THE
CITY OF CAPE CANAVERAL; PROVIDING FOR
CLARIFICATIONS TO THE CONDITIONS IMPOSED UPON
RESIDENTIAL PROPERTIES FOR SOLID WASTE
COLLECTION; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council desires to update the City Code relating to solid waste to be in
compliance with current standards and protocols relating to the collection and disposal of solid
waste; 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, entitled Solid Waste, is hereby amended as follows (underlined type indicates additions and
seeut 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 fi
Ordinance):
CHAPTER 62. SOLID WASTE
City of Cape Canaveral
Ordinance No. 22 -2004
Page 1 of 4
Sec. 62-1. Definitions
* **
Designated facility means a disposal processing, recovery, recycling or transfer facility
designated by the city manager, or the city manager's designee.
* * *
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Individual container means a plastic or galvanized metal can, of a type which is commonly
sold as a garbage can, which does not exceed 32gallons capacity or 50 pounds in weight when full,
pnless and until an automated cart program is implemented by the City. Each such can shall have
two (2) handles upon the sides of the can or a bail by which it may be lifted by a person and shall
have a tight fitting top and shall also mean disposal plastic or paper bags (with or without sack
holders and not less than 1 mm thick) of a type which is acceptable to be used for refuse storage and
disposal ., . • ... ! ! _ . • . - - .. ., . - - • . . -.
* **
Recyclable material means newspapers (including inserts), aluminum cans and tin cans,
plastic containers (HDPE and PET), brown, clear and green glass bottles and jars, and other solid
waste materials added upon written Agreement between the City and the Collector, when such
materials have been either diverted from the remaining solid waste stream or removed prior to their
entry into the remaining solid waste stream . - - . _ - . - - . -
• * **
Solid waste means bulk trash, refuse, vegetative waste, and recyclable materials or any
combination thereof - . .... - - . _ • - - • • -
_.._ . . - - . ... • .. -_- -- •- - =,
* **
Special waste means solid waste that requires special handling and management by
the Collector, and which is not accepted at the designated facility or other disposal facility or which
is accepted at the designated facility or other disposal facility at higher rates than are charged for
refuse, including, but not limited to, asbestos, whole tires which do not constitute household trash,
used oil, lead -acid batteries, and biohazardous wastes . _ .. - . _ - . . - - .: • . • .
City of Cape Canaveral
Ordinance No. 22 -2004
Page 2 of 4
* **
Vegetative waste Yard-trash means any vegetative matter resulting from routine and normal
y ard and landscaping maintenance generated on site and shall include materials such as tree and
shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and similar vegetative
matter usually produced in the care of lawns, landscaping and yards = - _ - ... .. • -
* **
Sec. 62 -9. Residential solid waste pickup conditions.
* * *
(c) Vegetative waste Yard trash. Vegetative waste Yard trash must be placed in a
reusable container which shall not include any paper or plastic bag, unless such bag is a specialized
vegetative waste bag approved by the designated facility. Yard trash Vegetative waste shall not be
commingled with any other solid waste or recyclable or recoverable material. Limbs shall not
exceed four feet in length and shall not weigh in excess of 50 pounds. Limbs should be stacked in a
uniform direction, and may be bundled by securing with rope, string, twine, cord or tape. Containers
for yapte vegetative waste shall be provided by the owner, resident, or occupant of any
residential unit. - - . • . . -, • • .. • - - - _ _ .. _ . - - .. _ - . - .
f 4
* * *
Sec. 62 -12. Regulations /Agreements on file.
(a) The recycling regulations in effect in the city are on file in the city clerk's office.
(b) The solid waste franchise agreement is set forth in appendix A to this Code.
(ch) The fees and charges for recycling services are set forth in appendix B to this Code.
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.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
City of Cape Canaveral
Ordinance No. 22 -2004
Page 3 of 4
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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 16 day of
November, 2004.
C...13 C.. C�,,,e.Q�
ROCKY RAND Mayor
ROCKY RANDELS, Mayor
ATTEST:
For Against
�. Bob Hoog Motion
Steve Miller Absent
Jim Morgan Absent
Rocky Randels X
.ate Richard Treverton Second
SUSA( 1 ILLS - "City i Clerk
i: C
First Reading: October 19, 2004
Legal Ad published: November 6, 2004
Second Reading: November 16, 2004
Approv to legal form and sufficiency for
the P/ of ape Canaveral only:
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ANTHON A. GARGANESE, City Attorney
C: City Manager
Waste Management
Code Enforcement
Finance
City Attorney
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City of Cape Canaveral
Ordinance No 22 -2004
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