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Ordinance No. 55-23-37ORDINANCE NO. 55-23-37 AN ORDINANCE, AMENDING THE CODE OF ORDINANCES, CHAPTER 16, SOLID WASTE AND RECYCLING, ARTICLE I SOLID WASTE DEFINITIONS AND PROCEDURES, SECTION 16-1 DEFINITIONS, SECTION 16-2 SOLID WASTE COLLECTION, SECTION 16-8 REMOVAL OF LOT CLEARING, CONTRACTORS' DEBRIS; OIL AND GREASE, RENAMING ARTICLE II TO CITY SERVICE FRANCHISE AGREEMENTS, AMENDING AND RENAMING SECTION 16-14 TO CITY SOLID WASTE FRANCHISE AWARD PROCEDURES, DELETING SECTIONS 16-16 FRANCHISE FEES, SECTION 16-18 PRIVATE REFUSE COLLECTORS; COLLECTION OF COMMERCIAL RECYCLING AND CONSTRUCTION AND DEMOLITION DEBRIS, SECTION 16-19 CITY'S COLLECTION EXEMPT FROM SECTIONS 16-10 THROUGH 16-18, SECTION 16-20 APPLICATION; FEE ACTION BY CITY COMMISSION, AND SECTION 16-21 ISSUANCE OF PERMIT, AMENDING SECTION 16-22 PERMIT REQUIREMENTS AND RULES, SECTION 16-24 PERMITS NOT TRANSFERABLE, SECTION 16-25 AUTHORITY OF PERMIT HOLDERS AND SECTION 16-30 VIOLATIONS AND PENALTIES, AND RENUMBERING SECTION 16- 16 THROUGH SECTION 16-30; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the purpose and intent of this ordinance is for the health, safety and welfare, order and aesthetics of the City and its residents; and WHEREAS, the City recognizes that it's residents are in need of debris removal in excess of those services offered by the City's franchise trash collector; and WHEREAS, the requirement of construction and demolition debris to be removed only by franchised providers increased the cost of debris removal and created another layer of permitting for contractors and citizen; and WHEREAS, the City wishes to reduce the burden placed upon residents by requiring the use of only city approve franchise providers for the removal of construction and demolition debris; and WHEREAS, the City desires to establish regulations governing the usage and fitness of privately provided construction, demolition, and contractor debris containers. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALFOF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA that; SECTION 1. Regulation Amended. Chapter 16, of the Code of Ordinances of the City of Atlantic Beach, Florida is hereby amended as follows: Sec. 16-1. Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Bag container shall means a reusable container made of polypropylene, canvas or other flexible material used to collect and transport debris. Bulky waste shall mean large discarded items generated from residences and commercial businesses within the city, such as pallets, furniture, refrigerators, stoves and other household appliances, also called "white goods." City shall mean the City of Atlantic Beach, Duval County, Florida, a municipal corporation and its government and the city manager and/or his authorized or designated representative. Commission shall mean the city commission of the City of Atlantic Beach, Florida. Commercial rubbish and trash shall mean such combustibles as paper, wood, yard trimmings etc., and noncombustibles such as metal, glass, stone, dirt, etc. Commercial solid waste shall mean garbage, rubbish, and trash, etc., resulting from the normal activities of establishments utilizing containers of two (2) cubic yard capacity or more. Commercial unit shall mean any public or private place, building and/or enterprise devoted in whole or in part to a business enterprise whether nonprofit or profit-making nature. Except where such place, building and/or enterprise constitutes a single-family residence or multiple dwelling. Those multiple dwellings now being serviced by commercial containers or which could be serviced in the future shall be considered as "commercial establishments". 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 (hand pickup) units shall mean any business, profession or occupation generating two (2) or less toters. Construction and demolition debris shall mean discarded materials generally considered not to be water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structure at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. The term also includes: clean cardboard, paper, plastic, wood, and metal scraps from a construction project. Curbside collection point shall be that area on or adjacent to the driveway within five (5) feet of, and in no case more than ten (10) feet from the street or roadway and not on the driving surface of the street or roadway or in the drainage gutter or drainage swale or ditch. Dumpster shall mean a container emptied by mechanical means, primarily used for commercial or multifamily garbage and trash collection. Electronic waste shall mean computer monitors, computer terminals, CPUs, keyboards, televisions, printers, scanners, stereo equipment, radios, VCRs, DVDs, camcorders, desk and mobile phones, pagers, power tools, small kitchen appliances (e.g. microwaves, toaster ovens) and health and beauty appliances. 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 chapter and the franchise contract. Garbage shall include and mean all accumulations of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in, or storage of meats, fish, fowl, fruit, vegetables, and any other matter, of any nature whatsoever which is subject to decay, putrefaction and the generation of noxious and offensive gases or odors, or which, during and after decay, may serve as breeding or feeding material for flies and/or other germ -carrying insects; bottles, cans, or other food containers which, due to their ability to retain water, may serve as a breeding place for mosquitoes or other water -breeding insects, and does not include recyclables. Garbage container shall include dumpsters, toters, and roll -off containers. Containers for yard waste shall also include trashcans, plastic and paper bags (see yard waste receptacle). Garden trash or yard trash or trash shall mean all the organic refuse accumulated from the care of lawns, shrubbery, vines and trees. Gross mvenue shall mean all revenues derived dir-eetly er- indifectly by a ffanehiseee, its affiliates, subsidiafies, parents, and any per -sen in whieh a ffanehisee has a finaneial interest; solid waste eelleetien ser-viee in the eity with no deductions whatsoever. Hazardous waste shall mean wastes that are hazardous by reason of their pathological, explosive, radiological or toxic characteristics. Household trash shall mean any and all accumulations of waste material from the operation of a home, which is not included within the definition of garbage. Household trash shall include all bulky wastes, yard toys, and building material waste from residential -type do-it-yourself projects, but does not include vegetative matter. Industrial waste shall mean waste and debris from manufacturing and fabrication plants, lumberyards and construction or demolition of buildings, debris and waste accumulation from land or lot clearing, excavating, building, rebuilding or altering of buildings, structures, roads, streets, alleys, driveways, parking areas, sidewalks or parkways, wooden crating, pallets, dirt, soil, excelsior or any waste materials which because of their volume and nature do not lend themselves to collection with ordinary solid waste and refuse. Multifamily and commercial solid waste, rubbish and refuse collection container shall mean any portable nonabsorbent, enclosed container with a close -fitting cover, or doors, which is used to store large volumes of refuse. These include dumpsters, compactors, and permanent -use open- top roll -offs. Other types of collection containers, capable of being serviced by mechanical equipment, may qualify as this type of container. Multifamily residential shall mean a group of more than four (4) housekeeping units where it is not feasible to have garbage picked up from each individual residence and where either a dumpster, compacting dumpster, or roll -off compaction dumpster is required for central pickup of garbage and trash. Pathological waste shall mean tissues, organs, animal bodies, body excretions, used bandages, medicines, drugs, hypodermic syringes or solid organic wastes from hospitals, laboratories, clinics, physicians' and dentist offices, animal hospitals or similar sources. Pathological waste container shall mean a disposable, waterproof container or bag, securely closed, not torn or ruptured. Such disposable container or bag shall be placed within an approved collection receptacle. Recyclables shall mean those items on the approved recycling list. 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, fiber (newspaper, magazines, boxboard, brown paper bags, telephone books, catalogues, office paper, etc.), corrugated cardboard, and any other materials which are designated by the public works director. Recycling containers shall mean the receptacles purchased, leased and distributed or placed by or on behalf of the city to city residents or locations for the intended use as receptacles of recyclable materials. Refuse shall include and mean all garbage, dead animals, vegetative garden and yard trash, bulky wastes, household trash, commercial trash, and construction and demolition debris. Residential/commercial mechanical compacting dumpster shall mean any residence or commercial establishment where it is not feasible to pick up garbage, trash or recyclable items with a noncompacting dumpster. "FEL" refers to front-end loaded container. Residential unit shall mean one (1) single-family dwelling or one (1) living unit in a multifamily dwelling of four (4) units or less as a mobile home in a park utilizing toter container collection. Roll -off container shall mean a container of varying bulk nature, either open -top or compacting type, picked up and transported by truck. Rubbish shall mean every accumulation of paper, excelsior, rags, wooden and paper boxes or containers, sweepings and all other accumulation of materials other than solid waste which are usual to housekeeping and to the operation of stores, offices and other business places, including bottles, cans, and containers. Small commercial garbage shall mean every accumulation of garbage from all commercial establishments not serviced by a multifamily or commercial dumpster container of two (2) cubic yards or more. Solid waste shall mean every accumulation of animal, vegetable or other matter that attends the preparation, consumption, decay, dealing in or storage of meats, fowl, fruit or vegetable or any other putrecible matter, including animal feces and also including cans, containers or wrappers along with such material. This includes the solid portion of the waste stream including, but not limited to, garbage, refuse, rubbish, recyclable items and garden trash. Toter shall mean container with attached lid and wheels supplied by the city or the contractor provided for garbage pickup with automated or semi -automated service. Trash, unless specifically provided to the contrary, the term trash shall include and mean commercial trash, household trash, and garden and yard trash as defined below. Yard waste (or trash) shall mean every accumulation of leaves, grass cuttings, shrubbery, vines and trees, but not including dirt, soil or sod removed in the renovation or rebuilding of lawns and turfs and not including tree limb, shrubbery cuttings and the like which exceed six (6) inches in diameter or five (5) feet in length. Items exceeding these size limits or quantities greater than five (5) cubic yards may require a special pickup at an additional fee. Green waste produced by a landscape contractor or tree removal operation must be disposed of by the contractor and is not included within the requirements of the city's sanitation contractor's responsibility. Yard waste receptacle shall mean every receptacle equal to those specified above as residential and commercial solid waste, rubbish or refuse containers or plastic bags having a capacity not in excess of forty (40) gallons and of sufficient physical strength to hold and contain their contents while being lifted and handled during collection. 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. (Ord. No. 55-07-31, 3-26-07; Ord. No. 55-08-33, § (1), 6-23-08) Sec. 16-2. Solid waste collection. (a) Excess garbage. Any residential unit which routinely generates more garbage than can be contained within the supplied toter, may be required to obtain a second toter for garbage collection. Routinely is defined as more frequently than once per month. The second toter will be billed at the rate listed in subsection 16-10(1). The city will first notify residents who are generating excess waste by letter. If the excess continues, the resident will be required to add a second toter for garbage collection. (b) All solid waste accumulated in the city shall be collected, transported and disposed by the city or a contractor designated by the city manager. Except for the collection and transportation of lot clearing, construction and demolition debris, contractor's debris and oil and grease as prescribed by section 16-8,Ne-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. €Neeptiens 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 once each week in residential districts. Dumpsters in residential districts and in the business districts shall be collected as designated by the public works director but no less than one (1) time per week. Dumpsters from restaurants, food stores, clubs or other businesses that may reasonably be expected to contain garbage from food preparation, food containers or wrappers, etc. shall not be collected less than twice per week. 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. Businesses and multifamily residential units generating amounts in excess of two (2) toters shall require a commercial dumpster. (Ord. No. 55-07-31, 3-26-07; Ord. No. 55-08-32, § 1, 2-25-08) Sec. 16-8. Removal of lot clearing, contractors' debris; oil and grease. a. Trash and debris caused from tree removal or trimmings or debris from lot clearing shall be removed by the owner. b. Waste materials resulting from the construction, alteration, repair, or demolition of buildings or structures or the cleaning of vacant lots must be removed by the owner or person performing the work. TheE)wnef ntr ete pe6eFming the work shall refneve eentfac4efs' debris eaused ffem building, rebuilding or- ether -wise altering of buildings-ef stF c. Spent oils or greases accumulated at garages, filling stations or similar establishments will not be removed by the franchisee. d. All Dumpsters and Roll -off containers used in compliance with the section must comply with the following standards: I . Hours of service will be limited to between 7:00 AM and 7:00 PM. 2. Dumpsters and Roll -off containers will be labeled with company name and telephone number in a conspicuous place clearly visible and legible. 3. The city shall have the right to inspect all Dumpster and Roll -off containers used on any site within the city. Dumpsters and roll -off containers will be kept in good repair and adequately maintained to safely perform the task. In the event any such dumpsters or containers are determined to be unsafe or unsanitary, the owner or contractor shall have them removed from the City within 24 hours. 4. No roll -off container used for the collection of concrete or comparable heavy debris, including soil, shall exceed 20 cubic yards in volume. 5. Roll -off containers shall not be located within the city right-of-way without prior written consent of the Public Works Director. Roll -off containers may never remain on the paved surface of any road overnight. 6. All collected material must be disposed of at an approved licensed disposal site. 7. Dumpsters and Roll -off containers must be covered when being removed from their location and travelin tg hrouph the city_ 8. All liquids must be placed in a sealed container to prevent spilling onto city streets. 9 Except as in use with an active building permit dumpsters and roll -off containers shall not remain on any lot for more than 90 days. e Bag containers placed on City rights-of-way will not be removed by the City's franchisee. These containers must be removed by the owner's contractor at the owner's expense and shall not be stored at the curb for more than 48 hours. f. Weather Emergency. When the National Weather Service, National Hurricane Center or appropriate weather agency declare a tropical storm warning or a hurricane warning for any part of Duval County, Florida all roll -off containers and construction dumpsters must be emptied or removed from the site and all bag containers must be removed so that materials do not become airborne during the storm. (Ord. No. 55-07-31, 3-26-07) ARTICLE II. CITY SERVICE FRANCHISE AGREEMENTS Sec. 16-14. City Solid Waste Franchise award procedures. (a) The city may award a city solid waste franchise as described herein by approval of a majority of the commission. The city, prior to award of a franchise, shall issue request for proposals or bids. (b) After award of the franchise the franchisee shall have thirty (30) calendar days, unless extended by the city, to acknowledge acceptance by notarized signature execution of the solid waste franchise contract. The effective date of the franchise shall be stated in the franchise contract. (c) All provisions of the solid waste franchise contract shall be incorporated by reference as part of this article. (Ord. No. 55-07-31, 3-26-07) Fef any se ed to be perfefmed undef: this franehise, the charges by the eity te the (Ord. No.1 • 1 Sec. 16-1716. Noncompliance. The franchisee shall not be required to collect any garbage, recyclable items or yard trash that does not comply with this chapter. (Ord. No. 55-07-31, 3-26-07) (Ord. No. 55-07-31, 3-26-07; Ord. No. 55-12-36, § 1, 8-27-12) (Supp. No. 47) Page 8 of 12 Created: 2021-10-22 10:10:00 [EST] NOW• .MOSYMIXAM-19M. M IN Sec. 16-2217. City Franchise Permit requirements and rules. All franchise permit holders shall comply with the following requirements and rules: (a) Liability insurance. Each permit holder shall secure and maintain a public liability insurance policy in the amount of not less than one million dollars ($1,000,000.00) per occurrence for one (1) person injured, and two million dollars ($2,000,000.00) for more than one (1) person injured, and property damage liability insurance of not less than one million dollars ($1,000,000.00). In addition each permit holder must secure a total umbrella insurance policy of not less than one million dollars ($1,000,000.00). All policies must have the city listed as additional insured. Evidence of such insurance shall be deposited with the city manager or his designee prior to issuance of the permit. Upon request by the city, the permittee shall produce evidence of such continued coverage during the term of the permit. (b) Equipment. Permit holders within the city limits shall use only parkef type equipment ar- appropriate trucks for safely "fig re" off type eent iners performing the contracted service. (c) Sanitary conditions. Each permit holder shall clean the trucks and all containers from which they collect refuse as needed, but in no event less than once each month. (d) Customers. Permit holders shall serve only those customers who are paving garbage collection fees through the City of Atlantic Beach or have signed an agreement for services provided. Such agreement shall specify the fee to be charged and any extra charges that may occur as a result of services being provided. (e) Identification of equipment. Each permit holder shall place and maintain the name, telephone number and permit number in a conspicuous place and display the same in a conspicuous manner on each vehicle operated by the company and each container serviced by them within the city. (f) Inspection. The city shall have the right to inspect all equipment used and all containers serviced by permit holders within the city. In the event any such equipment or containers are determined to be unsafe or unsanitary, the permit holder shall have twenty-four (24) hours after notice of the deficiency within which to correct the deficiency. The permit holder shall have the right to appeal the decision of the city's inspector to the city commission. The safety requirements referred to are not meant to suspend any other requirement of the city code or state law. (g) Personnel. Each permit holder shall devote sufficient personnel, time and attention to his refuse operation to assure a sanitary and safe operation within the city. To this end, Created: 2021-10-22 10:10:00 (EST) (Supp. No. 47) Page 9 of 12 the permit holder shall employ competent and sober personnel within the city. The permit holder shall employ no person convicted of a felony crime within two (2) years. Each permittee will prepare a written policy as part of its application, addressing hiring and retention of its employees with regard to driving violations and random testing for use of illegal substances. (h) Compliance with laws. Each permit holder shall comply with all applicable state and federal laws and regulations and especially those relating to wages and hours, and all other applicable laws pertaining to employment and protection of employees, now or hereafter in effect. (i) Disposal of materials and recyclables. Each permit holder shall dispose of all eenstF ,etien and aeY eliti materials or recyclables collected within the city at an approved and licensed disposal site. An alternate site may be used if approved the city manager or his designee. (Ord. No. 55-07-31, 3-26-07; Ord. No. 55-12-36, § 1, 8-27-12) Sec. 16-2418. Permits not transferable. Permits issued pursuant to this article shall not be assignable or otherwise transferable without the prior approval of commission. Any attempt at assignment or transfer shall automatically render the permit null and void. (Ord. No. 55-07-31, 3-26-07) Sec. 16-2519. Authority of permit holders. Permits are authorized under this article to aid the city in fulfilling its responsibility for providing an adequate, safe and sanitary system of collecting, transporting and disposing of refuse from buildings and establishments_ whieh afe not eevered by the eity'S rra eh (Ord. No. 55-07-31, 3-26-07) Sec. 16-2620. Ownership of recyclable materials. All recyclable materials, once placed at a collection location or in a recycling container at a collection location, become the exclusive property of the city and/or its collection contractor. Recovery of recyclable materials from any solid waste generated or brought within the city must occur prior to the placing in a recyclable container at a collection location, and such recovery shall be subject to state and local public health and safety laws. (Ord. No. 55-07-31, 3-26-07) Sec. 16-272 1. Restrictions on removal of deposited recyclables. No person, firm or corporation shall be permitted to collect, vandalize or remove either recycling containers or recyclable materials placed in or near the recycling containers, designated collection locations and commercial dumpster locations unless previously authorized by the city. (Ord. No. 55-07-31, 3-26-07) Sec. 16-2822. 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. (Ord. No. 55-07-31, 3-26-07) Sec. 16-2923. Enforcement. The police department, the public works department, the commission, the city manager or his designee, the building official and the code enforcement officer, shall enforce this chapter. All parties herein referred to are hereby authorized to sign complaints for a violation of this chapter. (Ord. No. 55-07-31, 3-26-07; Ord. No. 55-12-36, § 1, 8-27-12) Sec. 16-3024. Violations and penalties. The violation of any provision of this chapter shall be punished by- issuance of a stop work order and/or code enforcement action pursuant to chapter 2, article K division 2 of the city's Code of Ordinances a rine of two hundred fifty dollars ($250.00) ., day Each calendar day may be considered a separate violation. Said fine may be imposed an both the eentr-aetOf- Or pMpeFty O'Wflef container - within the eity limit of nflantie Bea li (Ord. No. 55-07-31, 3-26-07; Ord. No. 55-12-36, § 1, 8-27-12) That all ordinances or parts of ordinances in conflict with this ehapter are, to the extent t Page 11 of 12 Th:s_nhnpt hall Enke of eet ob__f o 1, 2007 and hall be recorded • �o Lep♦ d ...� ..... a� i �...... .....a, a,u.,u �.. .,t�Ha �-zvv i a�,rna-vc-rcc�t�ca--:i.-�- �c-.c r-zci:v SECTION 2. Conflict. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this ordinance are repealed to the extent inconsistent herewith. SECTION 3. Severability. If a Court of competent jurisdiction at any time finds any provision of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. SECTION 4. Effective Date. This ordinance shall take effect upon final reading and approval. PASSED by the City Commission on first reading this 1341. day of Feb. , 2023. PASSED by the City Commission on second and final reading this Z" day of 1=& h • , 2023. CI AT BEACH Curtis Ford, Mayor Attest: ,AcX1u''c VlaUe& Donna L. Bartle, City Clerk A o form and correctnes Jason Gabriel, City Attorney