Ordinance No. 55-07-31 vORDINANCE NUMBER 55-07-31
CHAPTER 16 SOLID WASTE AND RECYCLING
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:
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:
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.
Florida
Commission shall mean the City Commission of the City of Atlantic Beach,
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 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 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, grocery stores, food stores, amusement houses, drug and sundry stores, dry goods
and hard goods stores, package stores, filling stations, shopping centers and restaurants.
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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 non-hazardous 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 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
development 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 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 multi-family 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, Smald 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, fiuit, 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 andlor 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 trash cans, plastic and paper bags (see yard
waste receptacle).
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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
hash 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 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,
capable of being serviced by mechanical equipment, may qualify as this type of
container.
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,
Ordinance No. 55-07-31 Page 3 of 14
office paper, etc.), corrugated cazdboazd, and any other materials which aze 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
yazd trash, bulky wastes, household trash, commercial trash, and construction and
demolition debris.
Residential Unit shall mean one single-family dwelling or one living unit in a
multi-family dwelling of four (4) units or less as a mobile home in a park utilizing toter
container collection.
Multi family 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 front-end loaded
container.
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 aze 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 gazbage from all
commercial establishments not serviced by amulti-family or commercial dumpster
container of two 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.
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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 City 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, 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 can container 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.
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 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 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
Ordinance No. 55-07-31 Page 5 of 14
placed in bags and deposited in toter, which is to be wheeled to the appropriate area for
collection service. Nothing shall be picked up, collected or removed by the franchisee
unless it is within a gazbage container as defined herein. Household items normally set
out with gazbage, such as curtain rods and plumbing fixtures, weighing less than forty
(40) pounds, may be placed next to gazbage 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 aze 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
in a city pazk or right of way adjoining a pazk or in a road median. Garbage containers set
out for gazbage collection shall be placed at the curb of the street from which gazbage
service is rendered except as otherwise provided herein. Garbage containers shall be set
out no earlier than 6:00 p.m. the day prior to collection and shall be returned to their
regulaz place of storage no later than 12:00 midnight on the day of collection. Garbage
container blinds, which are in architectural harmony with the building, or underground
containers, may be placed anywhere between the building and the street from which
garbage service is rendered, but in no case shall they be located on public 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 gazbage 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 may be used for household
garbage. All containers 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 gazbage 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 multi-family residential units for
mechanical compacting dumpsters. Rates for these services will be set by Ordinance.
Dumpster enclosures meeting design standazds provided by the Public Works Director
are required for all new or redeveloped commercial and multi-family residential units.
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Owners and residents with dumpsters are required to keep installed gates closed at all
times except when necessary for access.
Sec. 16-4. 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 gazbage 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.
Each residence is allowed a cumulative amount of five (5) cubic yards weekly.
Sec. 16-5 Hazardous or Electronic Waste.
The City holds a yearly hazardous waste collection event 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, ca11387-
8847.
Sec. 16-6. Burial of solid waste.
No solid waste shall be buried upon the premises of the person by whom the solid waste
is accumulated. No solid waste shall be buried elsewhere in the City except upon written
permission of the City Manager. Composting shall not be considered burial or disposal.
Sec. 16-7. Depositing on vacant lots, streets, pazks, etc., prohibited; compost piles.
(a) It shall be unlawful to deposit gazbage, 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 yazd 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 gutter or drainage Swale or ditch, plaza,
alley, road median or park, or in any canal, waterway, lake or pool within the City. Yard
trash containing no combustible matter or matter which will, during decay, give off
offensive odors, may be accumulated by the owner as a mulch or compost pile in the reaz
of the premises upon which accumulated.
State law references: Florida Litter Law, F.S. § 403.413
Sec. 16-8. Removal of lot clearing, contractors' debris; oil and grease.
Trash and debris caused from tree removal or trimmings or debris from lot clearing shall
be removed by the owner. The owner or Contractor performing the work shall remove
contractors' debris caused from building, rebuilding or otherwise altering of buildings or
structures. Spent oils or greases accumulated at garages, filling stations or similar
establishments will not be removed by the franchisee.
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Sec. 16-9. White goods, bulk items and special pickups, procedure and fees for removal.
All residents, occupants and owners of residential premises, other than multi-family
residential units receiving dumpster service for garbage, 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 goods 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 City Manager.
Sec. 16-10. 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: monthly payments 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.
2. Multi-family residential (curbside, all residential services): monthly payments
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.
3. Multi-family residential recycling using toters: monthly recycling bill shall be
computed by multiplying the number of toters times $9.15 times 4.33 in
accordance with number 11 below.
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 yard. 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.
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 payments
shall be computed by multiplying the number of commercial toters times $17.10
for garbage.
7. Commercial (containers emptied by mechanical means): monthly payments 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.
Ordinance No. 55-07-31 Page 8 of 14
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 payments shall be computed by
multiplying the total number of roll off pulls by $31.00/yard (based on container
size other than C&D containers). For roll off compactors, monthly payments
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
$15.69 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.
Sec. 16-11. Annual review of fees. .
A review of residential and commercial solid waste rates shall be conducted annually by
the Director of Finance and may be adjusted 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. 16-12. Residential and Commercial Solid Waste Collection Franchise.
This article shall be known and may be cited as the "ATLANTIC BEACH
Residential and Commercial Solid Waste Collection Franchise Ordinance."
Sec. 16-13. Grant of authority.
(a) This article herein sets forth the conditions for the grant 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
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
Ordinance No. 55-07-31 Page 9 of 14
private refuse collector shall be permitted by the City to provide residential
and/or commercial solid waste collection services within the City, except for
services not covered under the solid waste franchise contract.
Sec. 16-14. Franchise award procedures.
(a) The City may award a 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.
Sec.16-15. Term.
(a) The term of any franchise granted under this article shall be as stated in the
solid waste franchise contract; however, the City reserves the right 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. 16-16. 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. 16-17. Noncompliance.
The Franchisee shall not be required to collect any garbage, recyclable items or yard trash
that does not comply with this chapter.
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Sec. 16-18. Private Refuse Collectors: Collection of Commercial Recycling and
Construction and Demolition Debris
All persons and organizations desiring to 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 agreed
upon in advance including per 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 quarterly.
Contractors shall provide the City records identifying the address, volume of collection,
and such other information as requested by the City on the first (1st) of each month.
Sec. 16-19. 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.
Sec. 16.20. Application: fee action by City 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 City Manager 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. 16.21. Issuance of permit.
The City Manager or his designee shall issue Franchise Permits for Construction and
Demolition or Recycling Collection subject to the following requirements.
Sec. 16-22. 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 $1,000,000.00 for one
(1) person injured, and $2,000,000.00 for more than one (1) person injured, and
property 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.
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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 packer-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.
(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 require-
ment 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, 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 pennittee 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 construction and demolition materials and recyclables. Each
permit holder shall dispose of all construction and demolition materials or
recyclables collected within the City at an approved and licensed
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disposal site. An alternate site may be used if approved by the City
Manager or his designee.
Sec. 16-23. Revocation or suspension of permits.
Permit holders violating any of the provisions of this article may have their
permits suspended by the City Manager. Failure of the City Manager to suspend a
permit shall not constitute a waiver. The City Manager reserves the right to revoke
permits issued pursuant to this article for violation of this article or for other good
cause.
Sec. 16-24. 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. 16-25. 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 which are
not covered by the City's solid waste collection service franchise.
Sec. 16-26. 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.
Sec. 16-27. 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.
Sec. 16-28. 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. 16-29. Enforcement.
Ordinance No. 55-07-31 Page 13 of 14
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. 16-30. 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. 16-31. Conflict of ordinance
That all ordinances or parts of ordinances in conflict with this ordinance are, to the
extent that the same may conflict, are hereby repealed.
Sec. 16-32. 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 day of March, 2007. Passed upon final reading and public hearing this 26th day of
March, 2007.
l.~J
DONALD M. WOLFSON
Mayor/Presiding Officer
Approved as to form and correctness:
AL NSEN, ESQUIRE
City ey
ATTEST
~~
ONNA L. BUSSEY, CMC
City Clerk
Ordinance No. 55-07-31 Page 14 of 14