204ORDINANCE NO. e2 O
AN ORDINANCE REGULATING THE ACCUMULATION,
REMOVAL AND DISPOSAL OF GARBAGE AND GARDEN
TRASH IN RESIDENTIAL AND BUSINESS ZONES AND
AREAS WITHIN THE LIMITS OF THE TOWN OF
ATLANTIC BEACH FLORIDA, LYING EASTERLY OF
THE WEST LINE OF SALT AIR SUBDIVISION EXTENDED:
PROVIDING FOR FEES FOR REMOVAL AND DISPOSAL OF
GARBAGE AND GARDEN TRASH BY THE TOWN OF
ATLANTIC BEACH, FLORIDA: PRESCRIBING LICENSE
FEES AND CONDITIONS UNDER WHICH REMOVAL AND
DISPOSAL WILL BE MADE BY PERSONS OTHER THAN
EMPLOYEES OF THE TOWN; AND PROVIDING PENALTIES
FOR THE VIOLATION HEREOF.
BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL
OF THE TOWN OF ATL".NTIC BEACH, DUVAL COUNTY, FLORIDA:
Section l(a) Garbage: That for the purpose
of this Ordinance, the word garbage" is hereby defined to
mean every refuse accumulated from cooking, cleaning and
housekeeping.
b) Garden Trash: That for the pur-
pose of this Ordinance, the words "Garden Trash" shall mean
all the refuse accumulated from the care of lawns, shrubbery,
vines and tree limbs.
c) Garbage Can: That for the pur-
pose of this Ordinance, the words "garbage can" shall mean
a can of the type commonly sold as a garbage can, in good
condition and covered with a tight fitting lid.
d) Town: That for the purpose of
this Ordinance, the word "Town" shall mean the area lying
within the limits of the Town of Atlantic Beach, Florida
lying easterly of the west line of Salt kir Subdivisions
extended northerly in the same straight line to the north
Town limits.
e)"Residence A Unit". A "residence
A unit" is a residence occupied by and the place of abode of
a single family where one kitchen only is provided and
maintained.
f) "Residence "B" Unit. A residence
B unit" shall consist of duplex residences under a single
roof, or apartments consisting of two or more units under a
single roof, or a primary and secondary dwelling on the
same lot.
g) "Commercial A Unit": A "Commercial
A Unit" is any business establishment, store, house or shop
other than a grocery, food store or bar. Within this class€-
fication are, by way of example, amusement houses, drug
and sundry stores, dry goods and hard goods stores, package
houses, filling stations and offices.
h) "Commercial B Unit":A "Commer-
cial B" unit is any food processing plant, light manufac-
turing plant, bar, or any restaurant seating less than
twenty-five persons; or small food or grocery store.
i) "Commercial C Unit":A"Commer-
cial C Unit" is any restaurant seating over twenty-five
persons or any large grocery or super market.
j) "Commercial D Unit":A "Commer-
cial D unit" is any building with a business establishment
and apartments, or living units under the same roof, or
on the same lot.
k) "Commercial E Unit":A "Commer-
cial E" unit shall be any tourist court or trailer park.
1) "Commercial F Unit":A "Commer-
cial F" unit shall be any hotel.
Section 2:(a) All residents or occupants
of residences, apartments, or places of business within
the Town of Atlantic Beach are hereby required to provide
a garbage can, or cans, as hereinbefore defined, of
sufficient capacity to hold two days accumulation of
garbage.
b) Garbage cans to be emptied
shall be placed within fifteen (15) feet of the street
property line but shall not be placed on public property.
Pens or underground containers may be provided for garbage
cans, if no pen or underground container is provided
empty cans shall be removed from front yard as soon as
practical, but in no case shall garbage cans not in pens
or underground containers be left in front yard over night.
c) All garbage and trash cans
shall be subject to inspection and approval or condemna-
tion by the Inspectors of the Garbage Department of the
Town of Atlantic Beach, and no appeal from such condem-
nation shall be possible except to the Town Council.
d) all garbage cans and trash
containers shall be required to be emptied at least once
each day, except Sundays and the contents thereof to be
disposed of at least once each day, except Sunday in
residential districts and as designated by the Town Manager
in the business districts. No garbage shall be buried upon
the premises of the person by whom such garbage is accumu-
lated; and no garbage shall be buried elsewhere in the City
except upon written permit of the Town Manager. In all
cases in which garbage is removed and disposed of by persons
other than the employees of the Garbage Department of the
Town, the owner or olccupant of the premises from which such
removal is made shall previously secure written permit from
the Town Manager, showing the name and address of the person
or persons, corporation, partnership or agency by which such
removal is to be made, the nature of the vehicle in which it
is to be transported, the location at which and the manner
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in which the ultimate disposition of the garbage is to be
accomplished; and no person, corporation, partnership or
agency shall contract or permit himself to be employed for
such private disposition of garbage unless he shall have
first procured a license or permit therefor, from the Town
of Atlantic Beach, as provided herein.
e) It shall be unlawful, and
subject to the penalties provided in this Ordinance,
to deposit garbage, trash, bottles, cans or containers
upon any vacant or unoccupied premises of the Town of
Atlantic Beach, or upon any atreet, ally or park, or to
transport garbage through or over the streets or alleys
of the Town of Atlantic Beach without having made a report
of such transportation of garbage to the Town Manager and
secured a license or permit therefor, as herein elsewhere
provided.
Section 3:(a) No person or persons, corp-
oration, partnership or agency of any nature whatsoever
shall remove garbage or trash from any premises in the
Town of Atlantic Beach or transport garbage or trash
through the streets or alleys or public ways of the
Town of Atlantic Beach, or dump, incinerate, or in any
other manner dispose of garbage or trash originating
in the limits of the Town, or contract for or permit
himself to be employed or engaged for any such removal,
transportation or disposal without first having secured
a license for such services from the Tax Collector of
the Town, evidencing the payment to the Town of the
following sums; edible animal garbage collector - $50 per
year; garbage collectors for rendering or processing
plant only - $25. per year; junk collectors - $25 per
year. Before issuing such license, the Tax Collector
shall require the execution of an application form, to
be furnished by him, showing the name or names of the
person or persons to be licensed, or, in the case of
a corporation, the names of the principal officers and
the name of the person or persons who are to actually
perform such services for the corporation, together with
the business and home addresses of each of such persons;
the descriptio of the equipment to be used in such removal,
transportation and disposal; the exact location of and the
method of disposal, which application shall be submitted to a
and approved by the Council as a prerequisite to the issuance
of the license. When such application specifies a point of
disposal beyond the limits of the Town, the Town Manager
shall determine that the disposal of garbage at the point
named, and by the method described in the application are
satisfactory to the proper authorities of Duval County or
of the municipality, if such point be within a municipality.
No licensee under this section shall change any of the per-
sonnel names in such application, nor any of the equipment
used for removal or transportation, nor the location or
method of disposal, as described in such application, with-
out first having reported such changes to the Town, Manager
and secured his approval and permission therefor, and in
the cases of changes in the location and method of disposal,
if beyond the limits of the Town, such changes shall also
be approved by the proper authorities of Duval County or of
the municipality within which such disposal point is located.
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b) The Town hereby reserves the
right to reject any such application without the necessity
for showing cause of such action provided such contractor
undertakes to perform work not in the best interests of
the Town.
Section 4 (a) All residents, occupants,
owners of premises in the Town who have not arranged for
private disposal of garbage and trash as elsewhere author-
ized in this Ordinance shall be required to have accumula-
tions of garbage and trash removed and disposed of by the
Garbage Department of the Town, and for such service of
garbage and trash removal shall pay the Tax Collector of
the Town the sums shown below for each service;
1. "Residence A Unit", For each
Residence A Unit the fee for the collection of garbage
and trash is hereby fixed and levied at the sum of $18.00
annually.
2. "Residence B Unit", For each
Residence B Unit the fee, for the collection of Garbae
and trash is hereby fixed and levied at the sum of $19;00
annually for the first living unit, plus the sum of $10.00
annually for each and every living unit in excess of the`
one unit for which said $18.00 a -e fee, is
levied.
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3. "Commercial A Unit", For each
Commercial A Unit the fee, for the collection of garbage
and trash is hereby fixed and levied at the sum of $18.00
annually.
4. "Commercial B Unit", For each
Commercial B Unit the fee, for the collection of garbage
and trash is hereby fixed and levied at the sum of $24.00
annually.
5. "Commercial C Unit", For each
Commercial C Unit the fee, for the collection of garbage
and trash is hereby fixed and levied at the sum of
72.00 annually.
6. "Commercial D Unit", for each
Commercial D Unit the fee, for the collection of garbage
and trash is hereby fixed and levied at the sum as herein
above shown for such business unit plus the sum of $10.00
annually for each and every living unit.
7. "Commercial E Unit", For each
Commercial E Unit the fee, for the collection of garbage
and trash is hereby fixed and levied at the sum
of $18.00 annually for the first unit with kitchen facili-
ties, $8.00 annually for each additional unit with kitchen
facilities and $2.00 annually for each unit without kitchen
facilities but in no case shall the total twxemfL, fee exceed
72.00 annually. y
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8. "Commercial F Unit", For each
Commercial F Unit the fee, for the coll:ction of garbage
and trash is hereby fixed and levied at the sum of $100.00
annually.
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b) Every such garbage collection
Vmc, W -fee shall be computed initially for the twelve
month period beginning July 1, 1957 and shall be payable
for each and every twelve month period thereafter. Every
such fee shall be due and payable July 1, of each year
beginning July 1, 1957 and shall become delinquent if
not paid within thirty days thereafter.
c) In Residential or Commercial
districts wherever there exists exceptional conditions of
occupancy or use, the Council is hereby authorized to enter
into the agreement with the owner, lessee, renter or tenant
as to the proper charges to be paid by such persons, firms,
corporations or governmental agencies, except that all such
agreements shall provide that such charges shall be made in
a uniform manner and proportional to the other charges for
similar service as set forth in this ordinance.
d) The garbage collection fees
12 -Vespe levied by this Ordinance shall become delinquent if
not paid within 30 days after the same become due and
payable and, in the event of any such delinquency, the said
Town shall discontinue its garbage collection services to
any property or unit, the owner, lessee, permittee, or agent
in charge of which has allowed any such fee imposed hereunder
to become delinquent, and the said Town may recover the amount
of any such delinquent fee by due process of law, together
with a penalty of 10% of the amount thereof because of any
such delinquency.
e) Trash and debris caused from
the operation of lot cleaning or clearing and contractorts
debris caused from building, rebuilding or otherwise alter-
ing of buildings or structures must be removed by the owner
or contractor performing such work. Spent oils or greases
accumulated at garages, filling stations or similar estab-
lishments will not be removed by the Town.
Section 5(a) It shall be unlawful, and
subject to the penalties provided in this ordinance, for any
such resident or occupant to deposit garden trash upon any
adjoining lot or premises, whether vacant or improved,
occupied or unoccupied or upon any other lot or premises,
or a street, plaza, alley, or park, or in any canal or
waterway, lake or pool within the Town. Garden trash
containing no combustible matter or matter which will,
during decay, give off offensive odors, may be accumulated
by the owner as a mulch or compost pile in the rear of
the premises upon which accumulated.
b) Any place of abode or any place
of business occupied and/or in operation shall be prima facie
evidence that garbage is being produced and accumulated on
such premises, and it shall be the duty of the Ironer repre-
sentatives of the Town to inspect and supervise said premises
and remove therefrom any and all refuse and/or garbage found
thereon, provided the required fees have been paid by such
resident or occupant, or notify the proper persons if such
removal is not the duty of the Town.
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Section 6. Any person, firm or corporation
located within the corporate limits of the Town of Atlantic
Beach, Florida, but outside the heretofore described area
defined in the Ordinance as "Town", may on request and upon
payment of the same fees set forth in this ordinance
avail themselves of the services of the garbage department.
Section 7. That any person, firm or corp-
oration or other association of persons, whether incorp-
orated, for profit or not for profit, and any member,
officer or agent of such a firm, corporation or association,
found guilty of a violation of any of the provisions of
this ordinance shall be guilty of a misdemeanor and upon
conviction thereof, shall be sentenced to pay a fine of
not more than $ AS', -Po Dollars, or by imprisonment not
exceeding 30 days, or by both such fine and imprison-
ment, in the discretion of the Municipal Judge and each
day any such violation of the provisions of this ordinance
takes place shall constitute a separate offense and subject
the person convicted to a separate fine and, or imprisonment
Section 8. All ordinances and parts of
ordinances in conflict herewith shall be and the same are
hereby repealed.
Section 9. In the event any section, sub-
section, sentence, clause or phrase of this ordinance
shall be adjudicated invalid or unconstitutional such
shall in no manner affect the other sections, subsections,
sentences, clauses or phrases of this ordinance which
shall be and remain in full force and effect as fully as
if the section, subsection, sentence, clause or phrase
so adjudged invalid or unconstitutional was not originally
a part thereof.
Passed by the Town Council on first reading
1957.
March Z2 h
Passed by the Town Council on second reading March 25th
1957.
Passed by the Town Council on third and final reading, and
certified to the Mayor, on May 13, 1957•
Approved, May 1957
ayor
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Attest: 4
own Clerk