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HomeMy WebLinkAboutOrdinance No. 05-1974MICR•CHILMED oRD. 9=� 3 -14-80 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. oRD. /5-91 SS -71 6 /- 77 3 -77 8 -77 BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Definition: For the purpose of this Ordinance, 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) MICROFILMED 3-14-80 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. (1) 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. SECTION 2. 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. ORDINANCE 5 -74 PAGE 2 OF 6 MICROFILMED 344.80 SECTION 3. 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. SECTION 4. 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. ORDINANCE 5 -74 PAGE 3 OF 6 MICROFILMED 3.14.80 SECTION 5. 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. SECTION 6. 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 rubbi sh 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. SECTION 7. 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 or person responsible for using said premises shall be prosecuted for non- compliance. SECTION 8. 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 Ordinance 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 ORDINANCE 5 -74 PAGE 4 OF 6 MICROFILMED 3.14-80 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 negotiated and shall be paid in ad- vance as may be required by the Collector. SECTION 9. 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. SECTION 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. SECTION 11. Penalties: Any person who fails to comply with this Ordinance, or who violates the same, or who creates or maintains garbage, garden and yard trash, household trash or rubbish, shall be considered as ORDINANCE 5 -74 PAGE 5 OF 6 MICROFILMED 344-80 having violated this Ordinance, and upon conviction in a court of competent jurisdiction, shall 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. SEC]. ION 12. Authority of City to collect: Nothing contained in this Ordinance shall be construed to prevent the City from creating or acting as its own garbage and /or trash collection or disposal service or facility, either independently, exclusively or in conjunction with others. SECTION 13. Legislative intent: If this Ordinance or any Section thereof, or any sentence, phrase or word be declared illegal or unlawful by a court of competent jurisdiction, it is the intent that such illegal word, phrase, sentence or Section shall not affect the legality of the remainder of this Ordinance. SECTION 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. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19 day of MARCH Attest: City Clerk Approved a -(sto form: Cit Att6 ney. , 1974. NAME YES NO ASS MACLAY ti/ RHAME !/ RUTKOWSKI SALVAGGIO fr THI`R ^4 lo,' First Reading: Posted: Second Reading: Advertised 2/19/74 2/20/74 3/19/74 2/25/74 ORDINANCE 5 -74 PAGE 6 OF 6