Ordinance No. 55-94-28 v ORDINANCE HO. 55-94-28
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF ATLANTIC BEACH, REWRITING IN ITS
ENTIRETY CHAPTER 16, SOLID WASTE, 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, Solid Waste, is hereby rewritten to
read as follows:
CHAPTER 16
RESIDENTIAL AND COMMERCIAL SOLID WASTE AND RECYCLING FRANCHISE
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 :
( a ) City shall mean the City of Atlantic Beach, Duval
County, Florida, a municipal corporation, and its
government.
( b ) Commission shall mean the City Commission of the City
of Atlantic Beach, Florida.
(c) Franchisee shall mean the individual, partnership, or
corporation who or which is awarded a franchise by
the Commission to perform the work or service, or to
furnish materials or equipment, or both as set forth
in this franchise ordinance.
( d) Commercial A unit shall mean any business
establishment required to have a commercial non-
compacting 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.
AB 1380
Sec. 16-1. Definitions. (cont 'd)
(e) Commercial B unit shall mean any businesses,
professions or occupations generating four (4) or
less garbage containers. ( Amounts in excess of four
( 4) containers shall require a commercial dumpster) .
( f ) Garbage shall mean every refuse accumulated from
cooking, cleaning and housekeeping.
(g ) 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.
( h ) 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.
( i ) Garden trash or yard trash or trash shall mean all
the organic refuse accumulated from the care of
lawns, shrubbery, vines and trees.
( j ) 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.
( k) 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.
( 1 ) 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 non-compacting dumpster is required for
central pick-up of garbage and trash.
( m) Residential/Commercial Mechanical Compacting
Dumpsters shall mean any residence or commercial
establishment where it is not feasible to pickup
garbage, trash or recyclable items with a non-
compacting dumpster.
(n ) Solid Waste shall mean the solid portion of the waste
stream including but not limited to garbage, refuse,
rubbish, recyclable items and garden trash.
AB 1381
Sec. 16-1. Definitions. (cont 'd)
(o ) 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 of 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 a 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.
(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 franchisee 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.
Sec. 16-3. Garbage and trash containers. (cont 'd)
( b ) (cont 'd ) Garbage containers shall be set our 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 franchisee 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 decision 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. Requests
from Commercial A and Residential C type units for
mechanical compacting dumpsters will be approved by
the Director of Public Works. Rates for these
services will be negotiated by 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.
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 forty (40) pounds or a cumulative amount of five
( 5) cubic yards weekly.
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 accumulation of solid waste removed and
disposed of by the franchisee and for the service of solid
waste removal shall pay the City of Atlantic Beach the
sums shown below for each type of service:
Residential Franchise:
( a ) Residence A unit: For each residence A unit,
( 1 ) There shall be a charge of $13. 60 per month,
payable to the City of Atlantic Beach.
( b ) Residence B unit: For each housekeeping unit in a
residence B unit,
( 1 ) There shall be a charge of $13. 60 per month,
payable to the City of Atlantic Beach, for each
such housekeeping unit.
Commercial Franchise:
( a) Commercial A/Residence C units: Commercial A and
Residence C units shall be charged in accordance with
the following rate chart :
Service Container Size (cubic yards)
Frequency prices are in dollars per month
per week 2CY 4CY 6CY 8CY 10CY
2 112 165 219 273 345
3 168 244 324 403 517
4 223 322 428 533 689
5 279 400 532 664 862
6 335 478 636 794 1034
NOTE: CHARGE INCLUDES DUMPSTER
MAINTENANCE AND REPLACEMENT
( b) Commercial B unit: All business, professions and
occupations generating four (4) or less garbage
containers. (Amounts in excess of four (4) garbage
containers shall require a commercial dumpster) .
1. There shall be a charge of $13. 60 per month,
payable to the City of Atlantic Beach, for each
commercial b unit, unless a dumpster is required
at which time the charge will be in accordance
with applicable commercial dumpster rates.
Sec. 16-9. Existing Contracts with other than City Franchisee
Since embarkation by the City into commercial solid waste
franchising is a new event, the City will allow business
locations and property owners currently under contract
with vendors other than City service for solid waste
removal to complete their current contracts. Each
business owner or property owner requiring commercial
pickup of solid waste within the City of Atlantic Beach
shall be required to furnish the City with copies of
expiration dates of current contracts. Upon completion of
said contracts, each business or property owners
requiring said service will be required to contract
exclusively with City Franchisee. Only contracts in
effect prior to approval of this ordinance will be
considered "existing contracts".
Sec. 16-10. Annual review of fees.
A review of residential and commercial solid waste rates
shall be conducted annually by the Director of Finance and
may be adjusted as franchise rates are negotiated between
the City of Atlantic Beach and Franchisee in accordance
with contractual requirements and any unforeseen future
disposal fees.
Sec. 16-11. Noncompliance.
The Franchisee shall not be required to collect any
garbage, recyclable items or garden trash which does not
comply with this chapter.
Sec. 16-12. Removal of lot clearing, contractors' debris;
oil and grease.
Trash and debris caused from the operation of lot
cleaning, tree removal or trimmings in excess of the
amounts specified in this ordinance, or lot 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 Franchisee.
Sec. 16-13. Prima facie evidence of production of garbage;
duty of City to inspect premises.
Any place or 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. 16-14. 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 shall have said white goods
removed and disposed of by the Franchisee of the City, by
placing said white good curbside on pickup day.
Sec. 16-15. 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 Official and the
Code Enforcement Officer. All parties herein referred to
are hereby authorized to sign complaints for violation of
this chapter.
Sec. 16-16. 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.
PASSED by the City Commission on first reading this 9th day
of December, 1994
PASSED by the City Commiss . on second and final reading
this day of
'''TAIIIII!!!!!!117A1!1iPr.,/
/ Lyman ' 1- cher
Mayor, Presiding Officer
ATTES T:
Maureen King
City Clerk
Approved as to form and correctness :
/ •
IfL
Lr '
fan C ensen, Esquire
City • torney