Item 7B
AGENDA ITEM # 7B
MARCH 12, 2007
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
~, AGENDA ITEM: An Ordinance repealing in its entirety Chapter 16, Solid Waste And
Recycling, of the Municipal Code of Ordinances of the City of
Atlantic Beach, Florida; establishing a new Chapter 16 and
~, establishing an effective date.
SUBMITTED BY: Rick Carper, P.E., Public Works Director
~' DATE: March 2, 2007
BACKGROUND: In conjunction with the new Sanitation Contract with Waste Services of
~` Florida, Inc., staff has prepared an ordinance repealing the existing Solid
Waste And Recycling ordinance and approving a new Chapter 16 to
codify the changes in sanitation procedures taking effect with the new
contract. Major changes are summarized below:
1. Mandates use of toters for residential garbage collection to
support semi-automated collection;
2. Promulgates rate changes required to fund the new Sanitation
contract (Residential rates increase from $13.60 to $17.10 per
month, commercial rate increases from between $3.98 and $6.46
per cubic yard to $5.37 and $6.46 per cubic yard;
3. Provides a new mechanism to regulate collection of commercial
recycling and construction and demolition debris by requiring
Franchise Permits to operate within the city;
4. Allows commercial customers who do not have food or other odor
causing waste to go to once per week pickup;
5. Restricts set out of containerized yard waste to the night before
pickup as is done with garbage.
RECOMMENDATION: Approve on first reading Chapter 16 Solid Waste and Recycling.
BUDGET: Sanitation operations are funded through Enterprise Fund 420-
4201-534. Ordinance No. 20-07-83, approved on first reading at
the February 26~' Commission meeting, provides additional
funding for Sanitation Rate increases contained in the new
contract. Revenues from effective date (June 1, 2007) to the end
of the fiscal year are estimated to $96,000.
ATTACHMENTS: 1) Proposed Ordinance No. 55-07-31
2) Existing Chapter 16, Solid Waste and Recycling
~• REVIEWED BY CITY MANAGER:
"~ March 12th Regular Meeting
ORDINANCE NO. 55-07-31
AGENDA ITEM # 7B
MARCH 12, 2007
AN ORDINANCE REPEALING IN ITS ENTIRETY CHAPTER 16, SOLID
WASTE AND RECYCLING, OF THE MUNICIPAL CODE OF ORDINANCES
OF THE CITY OF ATLANTIC BEACH, FLORIDA; ESTABLISHING A NEW
CHAPTER 16 AND ESTABLISHING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ENACTED BY THE CITY
COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF
ATLANTIC BEACH, FLORIDA:
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Article I -Solid Waste Definitions and Procedures
.~ 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:
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'~' 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 Cit 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 gaper wood
yard trimmings etc., and noncombustible such as metal glass stone dirt etc
~"' Ordinance No. 55-07-31 Page 1 of 17
AGENDA ITEM # 7B
MARCH I2, 2007
..~
Commercial solid waste shall mean garbage, rubbish, and trash, etc., resulting
from the normal activities of establishments utilizing containers of two cubic yard .w
capacity or more.
.~
Commercial unit shall mean any_public or private lace, 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 asingle- ,,,,,,
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, Qrocery stores, food stores, amusement houses, drug and sundry stores dry~ods
and hard goods stores, package stores, filling stations, shopping centers and restaurants.
Commercial (hand pickup) units shall mean any business, profession or
occu atp ion generating two (2) or less toters.
Construction and Demolition debris shall mean discarded materials eg nerally
considered not to be water-soluble and non-hazardous in nature, including but not
limited to, steel, glass, brick, concrete, asphalt roofing material, ~~gypsum wallboard
and lumber, from the construction or destruction of a structure as part of a construction or
demolition project of from the renovation of a structure, and including rocks soils tree
remains, and other vegetative matter that normally results from land clearing or land
develo mp ent operation 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 drivinlr surface of the street or roadway or in the drainage gutter or draina eg_ Swale
or ditch.
Dumpster shall mean a container emptied by mechanical means primarily used
for commercial or multi-fami~ 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.~. 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.
Ordinance No. 55-07-31 Page 2 of 17 '"'
AGENDA ITEM # 7B
MARCH 12, 2007
Garbage shall
l~e}rsekeep~~ 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 subiect 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
berm-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
,~ garh~age-ee~e~- include dumnsters, toters and roll-off containers Containers for yard
waste for shall also include trash cans plastic and p_per 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 revenue shall mean all revenues derived directly or indirectly by a
franchisee, its affiliates subsidiaries parents and any person in which a franchisee has a
financial interest, exclusive of all taxes from or in connection with the operation of a
~„ residential and commercial solid waste collection service in the City 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 bul . was+es acrd toys and building material waste from
residential tune 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 driveway~arking 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 ordina_rv
+""' solid waste and refuse.
Multifamily and commercial solid waste rubbish and refuse collection container
shall mean any portable nonabsorbent enclosed container with aclose-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
Ordinance No. 55-07-31 Page 3 of 17
AGENDA ITEM # 7B
MARCH l2, 2007 ,R
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capable of being serviced by mechanical equipment, may qualify as this type of
cnntai n er_
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Pathological waste shall mean tissues, organs, animal bodies, body excretions,
used bandages, medicines, drugs, hhypodermic syringes or solid organic wastes from
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hospitals, laboratories, clinics, phvsicians 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.
Rec clip containers shall mean the receptacles purchased, leased and
distributed or placed by or on behalf of the Ci -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 Unit shall mean one single-family dwelling or one living unit or a
multi-family dwelling of four ~ units or less and rlobile-home park utilizing toter
container collection.
Multi- amily 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.
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 anon-compacting dumpster. ~FEL refers to rear front-end
loaded container.
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Ordinance No. 55-07-31 Page 4 of 17 ""
ae~ AGENDA ITEM # 7B
MARCH 12, 2007
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 paver 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 ;?arbage shall mean every accumulation of garbage from all
commercial establishments not serviced by amulti-family or commercial dumpster
container of two cubic yards or more
Solid waste shall mean
li~tited-teg~efi~ , a ~ '' 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
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
Toter shall mean container with attached lid and wheels supplied by the Cit~or
the Contractor provided for garbage pickup with automated or semi-automated service
~"" 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 shrubbe 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
~"' Ordinance No. 55-07-31 Page 5 of 17
AGENDA ITEM # 7B
MARCH 12, 200?
.~.
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 stren tg h 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.
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. Exceptions include entities licensed by the City to perform
commercial recycling and / or Construction and Demolition debris removal: 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 t~viee once each week in residential districts.
Dumpsters in residential districts and in the business districts shall be collected as
designated by the ei~yger Public Works Director but no less than one (1 time er
week. Dumpsters from restaurants, food stores, clubs or other businesses that may
reasonably be expected to contain ag rbage 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 Multi-family residential units
generating amounts in excess of two (2) toters shall require a commercial dumpster.
Sec. 16-3. Garbage and trash containers.
(a) Containers. No garbage shall be collected unless it is placed in a closed garbage
container. Such container shall be "~
. a "Toter" issued. by the Contractor or
the City to facilitate automated or semi-automated collection by the Contractor. Garbage
shall be placed in bags and deposited in the toter, which is to be wheeled to the "~
app~riate area for collection service. Nothing shall be picked up, collected or removed
by the franchisee unless it is within a garbage container as defined herein. Household
items normally set out with garbage, such as curtain rods and plumbing fixtures, "~
weighing less than forty~40) pounds, may be placed next to garbage containers. Any
items exceeding five (5) feet in length shall be folded or cut to meet the length
requirement, when possible. Although toters remain the property of the Contractor or the
City, Residents are allowed to neatly stencil house numbers onto the container for ease of
identification.
(b) Set out and storage. No person shall place a container or yard waste in front of a
residential unit in which he does not reside. Nor shall containers or yard waste be placed
Ordinance No. 55-07-31 Page 6 of 17 "`
AGENDA ITEM # 7B
MARCH 12, 2007
in a city park or right of way ad~oinin~a .park or in a road median. 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 and yard waste
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. Yard waste such as leaves or grass clippings shall be set out in a yard waste
receptacle. Bulk (uncontainerized) yard waste such as tree limbs or palm fronds maybe
set out when generated. 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 right of way or public property. If garbage is stored underground or
behind a garbage container blind that 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 Public Works Director 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. Only toters supplied by the City or the City's Franchisee
may be used for household garbage. Receptacles used
~. for yard trash shall be subject to inspection and approval or condemnation by the Public
Works Director. Appeals of his decisions may be made to the City Manager.
~. (d) Dumpsters required. All Commercial units,
other than Commercial Hand pickup, and Multi-family Residential units shall be required
to have a commercial dumpster for disposal of garbage and trash. It shall be the duty of
~"' the Public Works Director to determine the size dumpster required. Dumpsters shall not
be filled past the maximum fill line. In cases where a commercial or multi-family unit is
routinely overfilling the dumpster, the Public Works Director may direct an increase in
"' either frequency of collection or container size. Appeals of his decisions may be made to
the City Manager. The Public
Works Director will approve requests from Commercial and Multi-family Residential
~"' units for mechanical compacting dumpsters. Rates for these services will'~_n_a~t_~*_=a
bike-ei~e~be set by Ordinance. Dumpster enclosures meeting design standards
provided by the Public Works Director shall be required for all new or redeveloped
~"" commercial and multi-family residential units. Owners and residents with dumpsters are
required to keep installed gates -and lids closed at all times except when necessary for
access.
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.
' Ordinance No. 55-07-31 Page 7 of 17
AGENDA ITEM # 7B
MARCH 12, 2007 '~
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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 container
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,
six (6) inches in diameter nor shall any single item exceed a weight of forty (40) pounds ~.
e~-e. Each residence is allowed a cumulative amount of five (5) cubic yards weekly.
Sec. 16-6 Hazardous or Electronic Waste.
The City holds twice-yearly hazardous waste collection events at City Hall, which
include collection of electronic waste (e-waste). Otherwise, Duval County residents may
recycle electronic waste at the City of Jacksonville Household Hazardous Waste Facility
at 2675 Commonwealth Ave. Hours of operation are Tuesday through Saturday 8 a.m.
until 5 p.m. The facility is closed on Sunday and Monday. For more information call
387-8847.
Sec. 16-7. 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. 16-8. 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, bedsprings, tires, building materials or auto
parts upon any vacant or unoccupied premises of the City, or upon any street roadway or
in the drainage gutter or drainage swale or ditch, alley, road median or park.
(b) It shall be unlawful for any person to deposit glen yard trash upon any adjoining
lot or premises, whether vacant or improved, occupied or unoccupied, or upon any other
lot or premises, or a street roadway or in the drainage gLutter or drainage swale or ditch,
plaza, alley, road median or park, or in any canal, waterway, lake or pool within the City.
6~en Yard trash containing no combustible matter or matter which will, during decay, ""°
give off offensive odors, maybe accumulated by the owner as a mulch or compost pile in
the rear of the premises upon which accumulated.
State law references: Florida Litter Law, F.S. § 403.413 '"~'
Sec. 16-9 --1~. Removal of lot clearing, contractors' debris; oil and ease.
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Trash and debris caused from tree removal or trimmings or debris from lot clearing shall
be removed the owner. The owner or Contractor performing the work shall remove e
Ordinance No. 55-07-31 Page 8 of 17
AGENDA ITEM # 7B
MARCH 12, 2007
debris caused from building, rebuilding or otherwise altering buildings or structures
Spent oils or greases accumulated at garages filling stations or similar establishments
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will not be removed by the franchisee.
,~ Sec. 16-10 -~4. White goods bulk items ands ep cial pickups procedure and fees for
removal. All residents, occupants and owners of residential premises, other than multi-
family residential receiving dumpster service for arba~e in the City,. who have not
~, arranged for private disposal of white or bulk goods shall have such ..~-goods removed
and disposed of by the franchisee of the City by placing such goods curbside on pickup
day. For Residential collection, the fee for pickup other than special pickup of excess
~,,, yard waste, shall be included in monthly sanitation fees.
Cost of white s?oods pickup for businesses and multi-family residential units receiving
;~. dumpster service for garbage and for collection of excess yard waste shall be in
accordance with the special pickup fee schedule approved by the Cit~Manager
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''" Ordinance No. 55-07-31 Page 9 of 17
AGENDA ITEM # 7B
MARCH 12, 2007
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Sec. 16-11. 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 franchisee and for the service of solid waste
removal shall pay the City the sums_as_promulgated by Ordinance shown below for each
type of service:
1. Residential: monthlypayments shall be computed by multiplying the initial
number of residential units in the service area times $17 10 per household for
garbage, recycling and yard waste.
..
Ordinance No. 55-07-31 Page 10 of 17 ""
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AGENDA ITEM # 76
MARCH 12, 2007
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2. Multi-family residential (curbside all residential services)• monthly pa ments
shall be computed by multiplying the initial number of residential units in the
~" service area times $14.05 per household for garbage and yard waste Units using
recycling bins shall also be billed $3 OS per unit for rec cling
3. Multi-family residential rec~lin ug sing toters: monthl recycling_bill shall be
computed by multiplying the number of toters times $9 15
'" 4. Multi-family (containers emptied by mechanical means)• monthly payments shall
be computed by multiplying the total monthly yardage based on container size by
the rate of $5.37 per cubic~ard.
5. Commercial (curbside, all residential services): monthly payments shall be
computed by multiplying the number of business units in the service area times
"~' $17.10 per business for garbage yard waste and recycling_
6. Commercial (curbside, garbage only twice a week collection)• monthly_pa ents
"" shall be computed by multipl~g the number of commercial toters times $17 10
for garbage.
7. Commercial (containers emptied by mechanical means)• monthly~ayments shall
be computed by multiplying the total monthly commercial yardage collected by
the rate of $5.37 per cubic yard for containerized garbage based on container size
'~ For users of two (2) cubic yard containers monthly payments shall be computed
by multiplying the total monthly commercial yardage collected by the rate of
$6.46 per cubic yard for containerized garbage.
8. Commercial (roll-off containers): monthly~ayments shall be computed by
multiplying the total number of roll off pulls by $31.00/yardbased on container
*~ size other than C&D containers). For roll off compactors monthly~ayments
shall be computed by multiplying the total number of roll off pulls by $16 11/yard
multiplied by container size.
9. VIP Compactors (FEL): monthly payments shall be computed by multiplying the
total monthly commercial yardage collected based on container size by the rate of
~• $16.11 per cubic yard for compacted containerized waste
10. Special Pickups including Extra Service Excess Yard Waste and Commercial
~. Bulk Pickups: Special pickups shall be billed at the rate listed in the schedule of
standard charges approved by the City Commission
11. For billing standardization purposes monthly_payments will be calculated
assuming_4.33 weeks per month.
~. .
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~"'` Ordinance No. 55-07-31 Page 11 of 17
AGENDA ITEM # 7B +~±
MARCH 12, 2007
..,
Sec. 16-12 -~-A. Annual review of fees.
A review of residential and commercial solid waste rates shall be conducted annually by
the Director of Finance and maybe adjusted by Ordinance as franchise rates are
negotiated between the City and Franchisee in accordance with contractual requirements „~
and any unforeseen future disposal fees.
Article II -Franchise Agreements
Sec. 16-13. Residential and Commercial Solid Waste Collection Franchise.
This article shall be know and may be cited as the "ATLANTIC BEACH Residential
and Commercial Solid Waste Collection Franchise Ordinance."
Sec. 16-14. Grant of authority.
(a) This article herein sets forth the conditions for the grrant of exclusive right
privilege and franchise to provide residential and commercial solid waste
collection services within the City. -!
(b) Any franchise granted under the provisions of this article shall include the
right to operate collection vehicles on the public streets of the City and to
conduct a residential and commercial solid waste collection business within .d
the City.
(c) This article grants no authority to operate a residential and commercial
garbage collection business to any individual partnership or corporation '"
Such a grant can only be made by the award of a City solid waste franchise
contract to a specific applicant who has complied with the provisions of this
article. '""
(d) So long as a franchisee shall perform the services set forth herein no other
private refuse collector shall be permitted by the City t~ O provide residential
and/or commercial solid waste collection services within the City except for '"
services not covered under the solid waste franchise contract.
Sec. 16-15. Franchise award procedures. "~`
(a) The City may award may award a franchise as described herein b~p~roval
of a majority of the Commission. The Cityyprior to award of a franchise
shall issue request for pr~osals or bids. ""
(b) After award of the franchise the franchisee shall have thirty~30) calendar
days unless extended by the City to acknowled a 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
reference as part of this article. ,~
Sec. 16-16. Term.
(a) The term of any franchise granted under this article shall be as stated in the
Ordinance No. 55-07-31 Page 12 of 17 ""
AGENDA ITEM # 7B
MARCH 12, 2007
solid waste franchise contract; however the City reserves the ri hg t to
terminate the same at any time during the term hereof if the franchisee
""'' defaults in any one of the terms and conditions set forth in the franchise
contract.
~"" (b) The term of the franchise may be extended for additional terms as provided
for in the solid waste collection franchise contract. Provided however in no
manner shall this clause be construed to vest in the franchisee any right or
option to extend the term of this franchise beyond the termination date set
forth in subsection (a) of this section
~. Sec. 16-17. Franchise fees.
Franchise fees may be enacted by the City Commission by Ordinance and may be
charged in accordance with the same or the provisions of the franchise contract
Franchise fees may be a percentage of the gross revenue for one or more types of
waste collection services provided within the City limits whether or not service is
,,,,~ provided under the franchise contract or by the contract franchisee
For any services required to be performed under this franchise the charges by the
~„ City to the recipients of the solid waste collection services shall be as set forth by
City Ordinance.
~„ Sec. 16-18 -1~-. Noncompliance.
The Franchisee shall not be required to collect any garbage, recyclable items or yard trash
that does not comply with this chapter.
Sec. 16-19. Private Refuse Collectors: Collection of Commercial Recycling and
Construction and Demolition Debris
All persons and organizations desirin tgLo engage in the business or activity of collecting
Construction and Demolition (C&D) materials or commercial recycling within the City
shall, as a prerequisite to doing so obtain a Construction and Demolition and/or
Recycling Collection Franchise Permit from the City Manager or his designee No
person or organization shall engage in such business or activity within the City without
first having obtained such a permit. This service will be performed under a separate
contract between the Contractor and the user. The Contractor will bill the user directly
for delivery, rental, collection and disposal. The rates for this service shall be a eed
upon in advance includingper pull and delivery costs and costs for disposal Contractors
will pay a 20% Franchise Fee to the City and will submit the Fee to the City uarterl~
Contractors shall provide the City records identi ing the address volume of collection
and such other information as requested by the City on the first (1st) of each month
Sec. 16-20. City's collection exempt from Sections 16 10 through 16 18
The provisions of these sections shall not apply to refuse C&D materials or recycling
~'' collection services performed by the City whether directly or indirectly or by contract
The City's franchise service provider is exempt from this article
~* Ordinance No. 55-07-31 Page 13 of 17
AGENDA ITEM # 7B
MARCH 12, 2007
Sec. 16.21. Application: fee action b~ity Commission
Persons other than the City's franchise Contractor desiring_Construction and Demolition
.,.
or Recycling Collection Permits shall complete and submit to the City Manager or his '""
designee a Franchise Application form, together with an application fee in the amount of
Two Thousand Five Hundred and 00/100s Dollars ($2 500.00). The form of application
shall be prescribed by the Cit~anager and furnished to applicants by the City Manager ~"
or his designee. Sufficient information shall be provided to give the City reasonable
assurance that proposed hauling activities will not create noise dust odor litter or other
noxious conditions, that materials collected will be properly disposed of at authorized
facilities and that the applicant has sufficient resources to carry out the~proposed hauling
activities. Any permit granted by the City Manager_pursuant to this section shall not
exceed one year in term.
Sec. 16.22. Issuance of permit.
The City Manager or his designee shall issue Franchise Permits for Construction and
Demolition or Recycling Collection subject to the followin requirements
Sec. 16-23. Permit requirements and rules.
All Franchise Permit holders shall comply with the followin 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 $1 000 000 00 for one
~) person injured, and $2 000 000.00 for more than one (l~person injured, and
properly damage liability insurance of not less than $1 000 000 00 In addition
each permit holder must secure a total umbrella insurance policy of not less than
$5 000,000.00. 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) EAZCipment. Permit holders within the City limits shall use onlypacker-type
equipment or appropriate trucks for safely hauling roll-off type containers
(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 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.
~) Identification o~quipment. 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 Cites
Ordinance No. 55-07-31 Page 14 of 17
AGENDA ITEM # 7B
MARCH l2, 2007
(fl Inspection. The City shall have the ri t to inspect all equipment used and all
containers serviced by permit holders within the City In the event an 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 sus ep nd any other require-
ment of the City code or state law.
(~) 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, the permit holder shall employcompetent and sober
personnel within the City. The permit holder shall employ no person convicted
of a felony crime within two (2~years. Each pernuttee 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
legal substances.
~h) Compliance with laws. Each permit holder shall comply with all applicable
state and federal laws and regulations and especially those relating to
"' wades and hours and all other applicable laws pertainin to employment
and protection of employees now or hereafter in effect
(i) Disposal of construction and demolition materials and recvclables Each
permit holder shall dispose of all construction and demolition materials or
recvclables 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.
Sec. 16-24. Revocation or suspension of permits
Permit holders violating any of the provisions of this article rYiav hove their
permits suspended by the City Manager. Failure of the City Manager to suspend a
permit shall not constitute a waiver. The Ci Manager reserves the right to revoke
permits issued pursuant to this article for violation of this article or for other ood
~" cause.
Sec. 16-25. Permits not transferable.
"' Permits issued pursuant to this article shall not be assignable or otherwise
transferable. Any attempt at assignment or transfer shall automatically render the
permit null and void.
Sec. 16-26. Authority of permit holders.
~„ Permits are authorized under this article to aid the City in fulfilling its
responsibility for providing an adequate safe and sanitar~ystem of collecting
transportina and disposing of refuse from buildings and establishments which are
„~ not covered by the City's solid waste collection service franchise
Ordinance No. 55-07-31 Page 15 of 17
AGENDA ITEM # 7B "~
MARCH 12, 2007
..
Sec. 16-27. Ownershi op f 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 lacing in a rec cY fable
container at a collection location, and such recovery shall be subject to state and
local public health and safety laws.
.~
Sec. 16-28. Restrictions on Removal of Deposited Recyclables
No person, firm or corporation shall be permitted to collect vandalize or remove
either recyclin~ containers or recyclable materials placed in or near the recycling ,,,,~
containers, designated collection locations and commercial dumpster locations
unless previously authorized by the Cites
Sec. 16-29 -1-3. 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. 16-30 -~3. Enforcement.
~`' `'- a ~ ~~ .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 violation of this chapter.
Sec. 16-31 --1-~. Violations and penalties.
The violation of any provision of this chapter shall be punished by a fine not exceeding
five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days,
or by both fine and imprisonment.
Sec. 16-32. Conflict of ordinance
That all ordinances or parts of ordinances in conflict with this ordinance are to the
extent that the same may conflict hereb,~pealed.
Ordinance No. 55-07-31 Page 16 of 17 "'
AGENDA ITEM # 7B
'~"' MARCH 12, 2007
Sec. 16-33. This Ordinance shall take effect on June 1St 2007 and shall be recorded in a
book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County,
~'"" Florida in accordance with Section 125.68, Florida Statutes.
Passed upon first reading and by the City Commission of the City of Atlantic Beach this
~'` 12th da_y of March 2007. Passed upon final reading and public hearin this day
of 2007.
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
ATTEST
~., DONNA L. BUSSEY, CMC
City Clerk
Ordinance No. 55-07-31
Page 17 of 17
DONALD M. WOLFSON
Mayor/Presiding Officer