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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. -2- 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. -3- 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: -4- (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. -5- 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. -6- 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. -7- 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 -8-