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Ordinance No. 55-59-2 v V V 4,5c " cr DINOIL NO, 53-59-2 AN ORDINANCE REGULATING THE ACCUMULATION, REMOVAL AND DISPOSAL OI GARBAGE AND GARDEN TRASH IN RESIDENTIAL AND BUSINESS ZONES AND AREAS WITHIN THE LIMITS OF THE CITY OF ATLANTIC BEACH FLORIDA, LYING EASTERLY OF THE WEST LINE OF SALT AIR SUBDIVISION EXTENDED: PROVIDING FOR FEES FOR REMOVAL AND DISPOSAL OF GARBAGE AND GARDEN TRASH BY THE CITY OF ATLANTIC BEACH, FLORIDA: PRESCRIBING LICENSE FEES AND CONDITIONS UNDER WHICH REMOVAL AND DISPOSAL WILL BE MADE BY PERSONS OTHER THAN EMPLOYEES OF THE CITY: AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF, BE IT ORDAINED BY THE PEOPLE OP THE CITY OP ATLANTIC LEACI, DUVAL cowry, FLORIDA: Section la.)) G rba!�: That for the purpose of this Ordinance, the word "garbage" is hereby defined to mean every refuse accumulated from cooking, cleaning and housekeeping. (ib) Garden Trash: That for the purpose if this Ordinance, the words "Garden Trash" shall mean all the refuse accumulated from the care of lawns, shrubbery, vines and tree limbs. Vic) Garbage Cans That for the purpose of this Ordinance, the words "garbage can" shall mean a can of the type commonly sold as a garbage can, in good condition and covered with a tight fitting lido fid) City:That for the purpose of this Ordinance, the word "City" shall mean the area lying within the limits of the City of Atlantic Beach, Florida lying easterly of the west line of Salt Air Subdivisions extended northerly in the same straight line to the north City limits. Vie) "Residence A Unit". A "Residence A Unit" is a residence occupied by and the place of abode of a single family where one kitchen only is provided and maintained. ((f) "Residence °°B" Unita A~Residence B Unit" shall consist of duplex residences under a single roof, or apartments consisting of two or more units under a single roof, or a primary and secondary dwelling on the same lot. "Commercial A Unit": A "Commercial A Unit" is any business establishment, store, house or shop other than a grocery, food store or bar. Within this classification are, by way of example, amusement houses, drug and sundry stores, dry Ordinance No. 55-59-2 - Page #2 goods and hard goods stores, package houses, filling stations �-- and offices. (h) "Commercial B Unit": A "Commer- cial B" Unit is any food processing plant, light manufacturing plant, bar, or any restaurant seating less than twenty-five persons; or small food or grocery store. (i) "Commercial C Unit"; A "Commercial C Unit" is any restaurant seating over twenty-five persons or any large grocery or super market. (j) "Commercial D Unit": A "Commercial D Unit" is any building with a business establishment and apart- ments, or living units under the same roof, or on the same lot. (k) "Commercial E Unit": A "Commercial E" Unit shall be any tourist court or trailer park. (1) "Commercial F Unit": A "Commercial F" unit shall be any hotel. Section 2: (a) All residents or occupants of residences, apartments, or places of business within the City of •,�; Atlantic Beach are hereby required to provide a garbage can, or cans, as hereinbefore defined, of sufficient capacity to hold two days accumulation of garbage. (b) Garbage cans set out for garbage collection shall not be placed closer than twenty (20) feet to the street from which garbage service is rendered, nor farther back than the building line. Garbage can blinds, which are in architec- tual harmony with the building, or underground containers may be placed anywhere between the building and the street from which garbage service is rendered, but in no case shall they be located on public property. Any residence or commercial unit to which this section creates a hardship to either the resident of the property or the City Garbage Department for placement of containers for garbage service, shall apply to the building inspector who shall thereupon determine the location at which garbage cans shall be placed. Garbage cans not in underground containers or blinds shall not be left in front yard over night. Garbage cans located other than hereinabove described shall not be emptied. (c) All garbage and trash cans shall be subject to inspection and approval or condemnation by the Inspectors of the Garbage Department of the City of Atlantic Beach, and no appeal from such condemnation shall be possible except to the City Commission. - 2 - Ordinance No. 55-59-2 - Page #3 id) All garbage cans and trash containers shall be required to be emptied at least once each day© except Sundays and the contents thereof to be disposed of at least once each day, except Sunday in residential;. districts and as designated by the City Manager in the business districts. No garbage shall be buried upon the premises of the person by whom such garbage is accumulated; and no garbage shall be buried elsewhere in the City except upon written permit of the City Manager. In all cases in which garbage is removed and disposed of by persons other than the employees of the Garbage Department of the City, the owner or occupant of the premises from which such removal is made shall previously secure written permit from the City Manager, showing the name and address of the person or persons, corporation, partnership or agency by which such removal is to be made, the nature of the vehicle in which it is to be transported, the location at which and the manner in which the ultiLate disposition of the garbage is to be accomplished; and no person, corporation, partnership or agency shall contract or permit himself to be employed for such private disposition of garbage unless he shall have first procured a license or permit therefor, from the City of Atlantic Beach, as provided herein. (e) It shall be unlawful, and subject to the penalties provided in this Ordinance, to deposit garbage, trash, bottles, cans or containers upon any vacant or unoccupied premises of the City of Atlantic Beach, or upon any street, ally or park, or to transport garbage through or over the streets or alleys of the City of Atlantic Beach without having made a report of such transportation of garbage to the City Manager and secured a license or permit therefor, as here- in elsewhere provided. Section 3: (a) Ho person or persons, corpora- tion, partnership or agency of any nature whatsoever shall remove garbage or traah from any premises in the City of Atlantic Beach or transport garbage or trash through the streets or alleys or public ways of the City of Atlantic Beach, or dump, incinerate, or in any other manner dispose of garbage or trash originating in the limits of the City, or contract for or permit himself to be employed or engaged for any such removal, transportation or disposal without first having secured a license for such services from the City Treasurer of the City, evidencing the payment to the City at the following sums; edible animal garbage collector - $50 per year; garbage collectors for rendering or processing plant only - $25Q per year; junk ^ollectors - $25 per year. Before issuing such license, the City Treasurer shall require the execution of en application form, to be furnished by him, Ordinance No. 55-59-2 -Page #4 showing the name or names of the person or persona to be licensed, oro in the case of as corporation, the names of the principal officers and the name of the person or persons who are to actually perform such services for the corporation, together with the business and home addresses of each of such persons; the description of the equipment to be used in such removal, transportation and disposal; the exact location of and the method of disposal, which application shall be submitted to and approved by the Commission as a prerequisite to the issuance of the license. When such, application specifies a point of disposal beyond the limits of the City, the City Manager shall determine that the disposal of garbage at the point named, and by the method described in the application are satisfactoary to the proper authori- ties of Duval County or of the municipelilay, if such point be within a municipality. No licensee under this section shall change any of the personnel names in such application, nor any of the equipment used for removal or transportation, nor the location or method of disposal, as described in such application, without first having reported such changes to the City Manager and secured his approval and permission therefor, and in the cases of changes in the location and method of disposal, if beyond the limits of the City, such changes shall also be approved by the proper authorities of Duval County or of the municipality within which such disposal - point is located (b) The City hereby reserves the right to reject any such application without the necessity for showing cause of such action provided such contractor undertakes to.perform work not in the beat interests of the City. Section 4: (a) All residents, occupants, owners of premises in the City who have not arranged for private disposal of garbage and trash as elsewhere authorized in this Ordinance shall be required to have accumulations of garbage and trash removed and disposed of. by the Garbage Department of the City, and for such service of garbage and trash removal shall pay the Treasurer of the City the sums shown below for each service: 10 "Residence A Unit", For each Residence A Unit the fee for the collection of garbage and trash is hereby fixed and levied at the sum of $18.00 annually. 2. "Residence 8 Unit", For each Residence 8 Unit the fee, for the collection of Garbage and trash is hereby fixed and levied at the sum of $18.00 - 4 -_ Ordinance No. 55-59-2 - Page #5 annually for the first living unit, plus the sun of $10000 aliaft annually for each and every living unit in excess of the one unit for which said $18.00 fee, is levied. 3. "Commercial A Unit", For each Commercial A Unit the fee, for the collection of garbage and trash is hereby fixed and levied at the sum of $18.00 annually. 4. "Commercial B Unit", For wadi Commercial B Unit the fee, for the collection of garbage and trash is hereby fixed and levied at the sum of $24.00 annually. 5. "Commerciz 1 C Unit", For each Commercial C Unit the fee, for the collection of garbage and trash is hereby fixed and levied at the sum of $72000 annually. 6. "Commercial D Unit", for each Commercial D Unit the fee, for the collection of garbage and trash is hereby fixed and levied at the sum as herein above shown for such business unit plus the sum of $10.00 011 annually for each and every living unit. 7. "Commercial E Unit", For each Commercial E Unit the fee, for the collection of garbage and trash is hereby fixed and levied at the sum of $18.00 annually for the first unit with kitchen facilities, $8.00 annually for each additional unit with kitchen facilities and $2.00 annually for each unit without kitchen facilities but in no case shall the total fee exceed $72.00 annually. 8. "Commercial F Unit", For each Commercial F Unit the fee, for the collection of garbage and trash is hereby fixed and levied a at the sum of $100.00 annually. Qb) Every such garbage collec- tion fee shall be computed for a twelve month period beginning July 1, of each year and shall be payable in advance for each and every twelve month period thereafter. Every such fee shall be due and payable July 1, of each year and shall become delinquent if not paid within thirty days thereafter. 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Any person, firm or corporation located within the corporate limits of the City of Atlantic ear Beach, Florida, but outside the heretofore described area defined in the Ordinance as "City", May on request and upon payment of the same fees set for they in this ordinance avail themselves of the services of the garbage department,. Section 7. That any person, firm or corp- oration or other -association of persons, whether incorp- orated, for profit or not for profit, and any .ember, officer or agent of such a firm, corporation or association, found guilty of a violation of any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be sentenced to pay a fine of not more than $5.00 Dollars, or by imp:-=ieonment not exceeding 30 days, or by both such fine and imprison- ment, in the discretion of the Municipal Judge and each day any such violation of the provisions of this ordinance takes place shall constitute a separate offense and subject the person convicted to a separate fine and, or imprisonment, Section 8, All ordinances and parts of ordinances in conflict herewith shall be: and the same are hereby repealed. Sectic 9. In the event any section, sub- section, sentence, clause or phrase of this ordinance shall be adjudicated invalid or unconstitutioaal such shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this ordinance which shall be and remain in full force and effect as fully as if the section, subsection, sentence, clause or phrase so adjudged invalid or unconstitutional was not originally a part thereof. Section 10. This ordinance shall become effective March 15, 19590 * * * Passed by the City Commission on first reading January__ 26%ho Passed by the City Commission on second and final rotding February 9th, 1959 Attest ` r Cia (� pity= ems ,L _.� ' `�