Ordinance No. 55-92-26 v ORDINANCE NO. 55-92-26
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF ATLANTIC BEACH, REWRITING IN ITS
ENTIRETY CHAPTER 16, REFUSE AND GARBAGE, AND
PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED by the City Commission of the City of
Atlantic Beach, Florida, as follows:
Section 1 . Chapter 16, Refuse and Garbage, is hereby
rewritten to read as follows:
Chapter 16
SOLID WASTE
Sec. 16-1 . Definitions.
For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them by
this section:
Commercial A unit shall mean any business establishment
required to have a commercial dumpster. Within this classification
are, by way of example, stores, shops, grocery stores, food stores,
amusement houses, drug and sundry stores, dry goods and hard goods
stores, package stores, filling stations, shopping centers and
restaurants.
Commercial B unit shall mean any businesses, professions or
occupations not required to have a commercial dumpster.
Garbage shall mean every refuse accumulated from cooking,
cleaning and housekeeping.
Garbage container shall mean a metal or plastic container of
the type commonly sold as a garbage container, in good condition
with a tight seal. A plastic bag at least 1 .3 mil thick which is
tightly sealed shall also be considered a garbage container.
Recyclable items shall include but not be limited to metal
cans, glass bottles and jars, and plastic ( including soft drink,
milk, water, juice and detergent ) bottles and jugs, newspapers,
magazines, telephone books, corrugated cardboard, metal coat
hangers and any other materials which are designated by the
Director of Public Works.
AB 1378
Garden trash or yard trash or trash shall mean all the organic
refuse accumulated from the care of lawns, shrubbery, vines and
trees.
Residence A unit shall mean a residence occupied by and the
place of abode of a single family where one ( 1 ) kitchen only is
provided and maintained.
Residence B unit shall mean duplex residences under a single
roof, or apartments consisting of two ( 2 ) and not more than ten
( 10) housekeeping units under a single roof, or a primary and
secondary dwelling on the same lot.
Residence C unit shall mean a group of more than ten ( 10 )
housekeeping units where it is not feasible to have garbage picked
up from each individual residence and where a dumpster is required
for central pick-up of garbage and trash.
Solid waste shall mean the solid portion of the waste stream
including but not limited to garbage, refuse, rubbish, recyclable
items and garden trash.
White goods shall mean appliances such as refrigerators,
freezers, stoves, ovens, washing machines, dryers, water heaters,
air conditioners, compressor units, microwave ovens, television
sets and the like.
Sec. 16-2. Solid waste collection.
All solid waste accumulated in the City shall be collected,
transported and disposed by the City or a contractor designated by
the City Manager. No person shall collect, transport through the
streets or alleys of the City, or dump, incinerate, or in any other
manner dispose of solid waste originating in the City except
through written agreement with the City Manager. Each residence
and commercial unit shall separate the solid waste it generates
into garbage, yard trash and recyclables for collection. All
garbage containers shall be emptied and the contents thereof shall
be disposed of at least twice each week in residential districts.
Dumpsters in residential districts and in the business districts
shall be collected as designated by the City Manager. All yard
trash shall be picked up and disposed of at least once each week.
All containers for recyclable items shall be emptied at least once
each week. The number of days per week of solid waste collection
shall be set by resolution of the City Commission.
Sec. 16-3. Garbage and trash containers.
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AB 1379
( a) Containers. No garbage shall be collected unless it is
placed in a closed garbage container. Said container shall be
waterproof and shall in no event exceed the dimensions of a
standard thirty-two gallon garbage can or bag. Nothing shall be
picked up, collected or removed by the Atlantic Beach Public Works
Department unless it is within a garbage container as defined
herein.
(b) Set out and storage. No person shall place a container in
front of a residential unit in which he does not reside. Garbage
containers set out for garbage collection shall be placed at the
curb of the street from which garbage service is rendered except as
otherwise provided herein. Garbage containers shall be set out no
earlier than 6 : 00 p. m. the day prior to collection and shall be
returned to their regular place of storage no later than 12 : 00
midnight on the day of collection. Garbage container blinds,
which are in architectural 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. If garbage is
stored underground or behind a garbage container blind which is not
located at the curb, the garbage container must be moved to the
curb for pickup. Any residence or commercial unit to which this
section creates a hardship to either the resident of the property
or the city sanitation department for placement of containers for
garbage service shall apply to the Director of Public Works or his
designee, who shall thereupon determine the location at which
garbage containers shall be placed. Garbage containers located
other than as described in this section shall not be emptied. In
cases where lots run from street to street, the provisions of this
section applicable to front yards shall also apply to rear yards.
(c) Inspection and approval . All garbage and trash
containers shall be subject to inspection and approval or
condemnation by the Director of Public Works. Appeals of his
decisions may be made to the City Manager.
(d) Dumpsters required. All Commercial A and Residence C
type units shall be required to have a commercial dumpster for
disposal of garbage and trash. It shall be the duty of the
Director of Public Works to determine the size dumpster required.
Appeals of his decisions may be made to the City Manager.
Sec. 16-4. Alternate disposal of recyclable items.
Any person may donate or sell their own recyclable items referred
to herein to any person, partnership or corporation, whether
operating for profit or not for profit.
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Sec. 16-5. Leaves and grass clippings; tree trunks.
Leaves and grass clippings shall be placed for collection at
the curb in either a receptacle meeting the standard for garbage
collection or a disposable plastic or waterproof paper bag securely
fastened at the opening. Tree trunks, stumps, limbs, trimmings or
waste building materials shall be collected; these items shall not
exceed five ( 5 ) feet in length nor shall any single item exceed a
weight of fifty ( 50) pounds.
Sec. 16-6. Burial of solid waste.
No solid waste shall be buried upon the premises of the
person by whom the solid waste is accumulated. No solid waste
shall be buried elsewhere in the city except upon written
permission of the City Manager. Composting shall not be considered
burial or disposal.
Sec. 16-7. Depositing on vacant lots, streets, parks, etc. ,
prohibited; compost piles.
( a) It shall be unlawful to deposit garbage, trash,
recyclable items or any other solid waste including old furniture,
appliances, bed springs, tires, building materials or auto parts
upon any vacant or unoccupied premises of the city, or upon any
street, alley or park.
(b) It shall be unlawful for any person 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,
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.
Sec. 16-8. Fees for collection.
All residents, occupants and owners of premises in the city shall
have accumulations of solid waste removed and disposed of by the
Sanitation Division of the City, and for the service of solid waste
removal shall pay the City of Atlantic Beach the sums shown below
for each type of service:
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(a) Residence A unit: For each residence A unit,
( 1 ) There shall be a charge of forty-eight dollars
( $48.00) per quarter, payable to the City of
Atlantic Beach, for each residence A unit.
(b) Residence B unit: For each housekeeping unit in a
residence B unit.
( 1 ) There shall be a charge of forty-eight dollars
( $48 .00) per quarter, payable to the City of
Atlantic Beach, for each such housekeeping unit.
(c) Residence C unit: A container or dumpster will be
furnished and maintained by the City and there shall be
a charge of $167 . 50 per cubic yard per quarter for each
container or dumpster.
(d) Commercial A unit: For each commercial A unit, there
shall be a charge of $167 . 50 per cubic yard per quarter
for each dumpster.
Note: Charge includes dumpster maintenance and
replacement.
(e) Commercial B unit: All business, professions and
occupations not required to have a commercial dumpster.
( 1 ) There shall be a charge of forty-eight dollars
( $48.00 ) per quarter, payable to the City of
Atlantic Beach, for each commercial B unit.
Sec. 16-9. Annual review of fees.
A review of residential and commercial solid waste rates shall
be conducted annually by the Director of Finance and completed by
August 31 of each year.
Sec. 16-10. Noncompliance.
The city shall not be required to collect any garbage,
recyclable items or garden trash which does not comply with this
chapter.
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Sec. 16-11. Removal of lot clearing, contractors ' debris; oil and
grease.
Trash and debris caused from the operation of lot cleaning or
clearing and contractors ' debris caused from building, rebuilding
or otherwise altering of buildings or structures shall be removed
by the owner or contractor performing the work. Spent oils or
greases accumulated at garages, filling stations or similar
establishments will not be removed by the city.
Sec. 16-12. Prima facie evidence of production of garbage; duty of
city to inspect premises.
Any place of abode or any place of business occupied or in
operation shall be prima facie evidence that garbage is being
produced and accumulated on the premises. It shall be the duty of
the proper representatives of the city to inspect and supervise the
premises and remove all refuse and garbage found on the premises,
provided the required fees as required by this chapter have been
paid by the resident or occupant, or to notify the proper persons
if the removal is not the duty of the city.
Sec. 16-13. White goods: Procedure and fees for removal .
All residents, occupants and owners of residential premises in
the city who have not arranged for private disposal of white goods
as elsewhere authorized in this article shall have said white goods
removed and disposed of by the Sanitation Division of the city
according to the following procedure:
( 1 ) For each separate white good, the person wishing to
dispose thereof shall provide to the city, either in
person or by telephone, a sufficient description of the
white good in order for the city to adequately identify
said white good.
a. The city shall obtain from any person wishing to
dispose of any white good that person' s name,
address, and telephone number, together with a
description of the white good, and said information
will be placed on a list for removal and disposal
by the Sanitation Division.
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b. The city shall inform each person wishing to
dispose of any white good of the date to place any
white good at curbside for removal and disposal by
the City, and all persons must provide the above
information and be placed on the list for removal
of white goods prior to placing any white good at
curbside.
c. It shall be unlawful to place any white good at
curbside unless the above procedure is complied
with; it shall also be unlawful to place any white
good upon vacant or unoccupied premises in the
city, or upon any street, alley or park.
( 2 ) The city may collect a fee for the removal and disposal
of each white good if deemed necessary by the City
Manager. The amount of such fee shall be approved by
resolution of the City Commission.
Sec. 16-14. Enforcement.
This chapter shall be enforced by the Atlantic Beach Police
Department, the Atlantic Beach Public Works Department, the
Atlantic Beach City Commission, the City Manager or his designee,
the Building Inspector and the Code Enforcement Officer. All
parties herein referred to are hereby authorized to sign complaints
for violation of this chapter.
Sec. 16-15. Violations and penalties.
The violation of any provision of this chapter shall be
punished by a fine not exceeding $500.00, or imprisonment for a
term not exceeding 60 days, or by both fine and imprisonment.
Section 2. This ordinance shall take effect immediately upon
final adoption.
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PASSED by the City Commission on first reading this 11th day
of March, 1992.
PASSED by the City Commission on second and final read' g this
13th day of AprilAt 1 0111/4C
j
William I . Gulliior:``
Mayor, Presiding Off'
ATTES T;
Maureen King
City Clerk
Appr•.'ed as to form and correctness:
.,. an C. Je -n, Esquire
ity Att• ey
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