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Ordinance No. 55-60-5 v (74 ORDINANCE NO. A. _ 6 - -.7 AN ORDINANCE REGULATING THE ACCUMULATION, REMOVAL AND DISPOSAL OF 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 MAYPORT ROAD (EXCEPT THE DONNER SUBDIVISION) ; PROVIDING FOR FEES FOR REMOVAL AND DISPOSAL OF GRABAGE 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 OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA: Section 1 (a) Garbage: That for the purpose of this Ordinance, the word "ghr bage" is hereby defined to mean every refuse accumulated from cooking, cleaning and housekeeping. (b) Garden Trash: That for the purpose of this Ordinance, the words "Garden Trash" shall mean all the refuse accumulated from the care of lawns, shrubbery, vines and tree limbs. (c) Garbage Can: 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 lid. (d) 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 Mayport Road except that area known as Donner Replat or Sub- division. (e) "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 'Unit". 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. AB 1374 (g) "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 goods and hard goods stores, package houses, filling stations and offices. (h) "Commercial B Unit A "Commercial 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 but less than one hundred persons, any drive-in restaurant, or any large grocery or super market. (j ) "Commercial C-1 Unit": A `Commerical C-1 Unit" is any restaurant seating one hundred or more persons. (k) "Commercial D Unit": A "Commercial D Unit" is any building with a business establishment and apartments, or living units und6r the same roof, or on the same lot. (1) "Commercial E Unit": A "Commercial. E Unit" shall be any tourist court or trailer park. (m) "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 herein- before defined, of sufficient capacity to hold two days accumulation of garbage. (b) Garbage cans set out for garbage col- lection 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 architectual harmony with the building, or underground containers may be placed anywhere between the building and the street from which garbage service is rendered, bud 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. -2- AB 1375 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. In cases where lots run from street to street the provisions applicable to front yard shall also apply to rear yard. (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 Commiss- ion. (d) 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 of 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 wh:Lch such removal is to be made, the nature of the vehicle in which it is to be trans- proted, the location at which and the manner in which the ultimate disposition of the garbage is to be accomplished; and no person, cor- poration, 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 transpor- tation of garbage to the City Manager and secured a license or permit t erefor, as herein elsewhere provided. Section. 3: (a) No person or persons, corporation, partner- ship or agency of any nature whatsoever shall remove garbage or trash from any premises in the City of Atlantic Beach or transport garbage -3- 1 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 of $25 per year. Before issuing such license, the City Treasurer shall require the execution of an application from, to be furnished by him, showing 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 dis- posal; 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 satisfactory to the proper authorities of Duval County or of the municipality, 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 descirbed in such application without first having reported such changes to the City Manager and secured his ap- proval 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 municapality 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 proviced such contractor undertakes to perform work not in the best interests of the City. Section 40 (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 accumulation 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; 1. "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 $4. 50 quarterly. 2. "Residence B Unit", For each Residence B Unit the fee, for the collection of Garbage and trash is hereby fixed and levied at the sum of $4.50 quarterly for the first living 1 l unit, plus the sum of $2.50 quarterly for each and every living 'unit in excess of the one unit for which said $4.50 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 $4.50 quarterly. 4. "Commercial B Unit", For each Commercial B Unit the fee, for the collection of garbage and trash is hereby fixed and levied at the sum of $6.00 quarterly. 5. "Commercial 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 $18.00 quarterly. 6. "Commercial C-1 Unit", For each - s _ Commercial C-1 Unit the fee, for the collection of garbage or trash is hereby fixed and levied at the sum of $36.00 per quarter. 7. "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 $2.50 quarterly for each and every living unit. 8. "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 $4.50 quarterly for the first unit with kitchen facilities, $2.00 quarterly for each additional unit with kitchen facilities and $.50 quarterly for each unit without kitchen facilities. 9. "Commercial F Unit", For each Commercial F Unit the fee, for the collection of garbage and trash is hereby fixed and levied at the sum of $36.00 quarterly. (b) Every such garbage collection fee shall be computed for a three month period beginning July 1, 1960 and shall be payable in advance for each and every three month period there- after. Every such fee shall be due and payable on July 1st, October 1st, January 1st and April 1st of each year and shall become de- linquent if not paid within thirty days thereafter. (c) In Residential or Commercial districts wherever there exists exceptional conditions of occupancy or use, the Commission is hereby authorized to enter into the agreement with the owner, lessee, renter or tenant as to the proper charges to be -5- paid by such persons, firms, corporations or governmental agencies, except that all such agreements shall provide that such charges shall be made in a uniform manner and proportional to the other charges for similar service as set forth in this ordinance. (d) The garbage collection fees levied by this Ordinance shall become delinquent if not paid within 30 days after the same become due and payable and, in the event of any such delinquency, the said City shall discontinue its garbage col- lection services to any property or unit, the owner, lessee, permitter, or agent in charge of which has allowed any such fee imposed here- under to become delinquent, and the said City may recover the amount of any such delinquent fee by due process of law. (e) Trash and debris caused from the operation of lot cleaning or clearing and contractor 's debris caused from building, rebuilding or otherwise altering of buildings or structures must be removed by the owner or contractor performing such work. Spent oils or greases accumulated at garages, filling stations or similar establishments will not be removed by the City. Section 5: (a) It shall be unlawful, and subject to the penalties provided in this ordinance, for any such resident or occupant to deposit garden trash upon any adjoining lot or premises, whether vacant or improved, occupied or unoccupied or upon any other lot or premises, or a street, plaza, alley, or park, or in any canal or waterway, lake or pool within the City. Garden trash containing no combustible matter or matter which will, during decay, give off offensive odors, may be accumulated by the owner as a mulch or compost pile in the rear of the premises upon which accumulated. (b) Any place of abode or any place of business occupied and/or in operation shall be prima facie evidence that garbage is being produced and accumulated on such premises, and it shall be the duty of the proper representatives of the City to inspect and supervise said premises and remove therefrom any and all refuse and/or garbage found thereon, provided the required fees have been paid by such resident or occupant, or notify the proper persons if such removal is not the duty of the City. Section 6. Any person, firm or corporation located within the corporate limits of the City of Atlantic 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 forth in this ordinance avail themselves of the services of the garbage department. -6- Section 7 . That any person, firm or corporation or other association of persons, whether incorporated, for profit or not for profit, and any member, 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 $25.00 Dollars, or by imprisonment not exceeding 30 days, or by both such fine and imprisonment, in the discretion of the Municipal Judge and each day any such violation of the previsions of this ordinance takes place shall constitute 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. Section 9. In the event any section, subsection, sentence, clause or phrase of this ordinance shall be adjudicated invalid or unconstitutional 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 June 30, 1960. * * * * * * /6)144/A..-4, Passed by the City Commission on first reading3 1960. Passed by the City Commission on second and final reading 7zt , 1960. i)e,_i__,.._,e, Attest: 0 �P. City Clerk / (SEAL)