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
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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