Loading...
611ORDINANCE NO.611 AN ORDINANCE COMBINING THE GARBAGE AND TRASH DEPARTMENTS INTO ONE DEPARTMENT WHICH SHALL BE KNOWN AS THE GARBAGE AND TRASH DEPARTMENT; PROVIDING FOR A SUPERVISOR FOR THE GARBAGE AND TRASH DEPARTMENT; SETTING FORTH DEFINITIONS; PROVIDING FOR COLLECTION OF GARBAGE AND TRASH; SETTING FORTH CLASSIFICATIONS AND RATES TO BE CHARGED FOR GARBAGE AND TRASH SERVICE; PROVIDING FOR THE REMOVAL, INSPECTION AND DISPOSAL OF GARBAGE AND TRASH CANS AND CONTAINERS; SETTING FORTH REQUIREMENTS AS TO SIZE OF CONTAINERS AND PREPARATION OF GARBAGE AND TRASH; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That the Garbage Department and the Trash Department of the City of Edgewater, Florida shall, with the effective date of this Ordinance, be combined into one depart- ment which shall hereafter be known as the Garbage and Trash Department. SECTION 2. That there shall be a supervisor appointed by the City Council, and to serve at the will of the City Council, who shall be head of the Garbage and Trash Department. SECTION 3. For the aims of construing this Ordinance the following definitions shall apply: (a) Department. Department shall mean the Garbage and Trash Department of the City of Edgewater, Florida. (b) Supervisor. Supervisor shall mean the Super- visor of the Garbage and Trash Department of the City of Edge- water, Florida. (c) Garbage. The word "garbage" is hereby defined to mean every refuse accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking, and dealing in, or storage of meats, fish, fowl, fruits or vegetables, and any other matter of any nature whatsoever which is subject to decay and the generation of noxious or offensive gases or odors, or which during or after decay may serve as breeding or feeding material for flies or other germ -carrying insects; and any refuse accumulation of paper, wooden or paper boxes, tin cans, bottles or other containers, sweepings, and all other accumulations of a nature usual to housekeeping. (d) Trash. The word "trash" is hereby defined to mean all accumulation of grass, trees, shrubbery or weed cuttings, pine needles, and other refuse incident to the care of lawns, shrubbery, vines, trees and gardens. The term "trash" shall not be taken to include used or broken appliances, furni- ture, bedding, building materials, lumber or other material of like nature. (e) Garbage Can. The term "garbage can" is defined to mean a galvanized metal or plastic can of the type commonly sold as "garbage cans" of a capacity not to exceed twenty (20) gallons, and such cans are required to have handles on the sides of the can by which it may be lifted. Each can shall have a tight fitting top or cover. (f) Trash Container. The term "trash container" shall be defined to mean a container of size not to exceed twenty (20) gallons in capacity and shall be of metal, wood, plastic, or other suitable material. (g) Residence. The word "residence" shall be taken to mean a single family residential unit. (h) Multiple Dwelling. The term "multiple dwelling" unit shall be taken to be a structure or structures having more than one single family unit and shall include apartment build- ings and motels and hotels. (1) Business or Commercial. The word "business" or "commercial" shall apply to any establishment or firm where- in a business or commercial occupational license is required by the City, except as otherwise provided herein. -2- (j) Professional. The term "professional" shall not include and/be limited to the following: accountants and auditors, architects or drafting architects, artists, attorneys at law, chiropodists, chiropractors, engineers. dentists, medical doctors, optometrists, osteopaths, survey- ors, tax consultants and veterinarians, real estate agents and brokers. (k) Trailer Park. The term "trailer parr- snail be taken to be any business enterprise maintaining a premises for the rent of mobile homes or mobile home sites, and each mobile home contained on said trailer park shall be consider- ed as a separate unit whether the same is permanently affixed to the realty or not. (1) City. The term "City" shall mean the City of Edgewater, Florida. SECTION 4. Service Charges and Rates. The City of Edge- water shall maintain and operate a service for the collection and disposal of garbage and trash, and all persons, firms or corporations whose premises are serviced thereby shall pay to the City of Edgewater for the use of such services the follow- ing monthly rates: Residence: $2.00 lji with 3 can limit; $1.00 per additional can thereafter Multiple Dwelling: $2.00 per unit with 3 can limit for individual pickup; or $1.25 per unit if garbage and trash are centrally located Business or Commercial: $3.50 per business or commercial unit with a maximum of 3 cans; $1.00 per additional can thereafter Professional: $2.00 with a limit of 3 cans; $1.00 per can thereafter Trailer Parks: $2.00 per trailer, or $1.25 per trailer if garbage and trash are centrally located. The fees provided herein shall be collected by the City of Edge- water by affixing the amount of same to the monthly statements for the use of water; provided however, separate statements shall be rendered to all persons, firms or corporations which do not receive a monthly water statement. The above stated fees shall be payable in advance beginning with the effective date of this -3- Ordinance. The above stated fees shall be applicable irrespec- tive of whether the residence, the multiple dwelling, the busi- ness or commercial establishment, or the trailer park is using city water or sewer services. The owner of any hotel, motel, trailer park, or multiple business or commercial units shall before the 15th day of each month declare the number of occupied units on their respective premises and shall furnish this informa- tion to the City Clerk of the City of Edgewater, Florida, and the said hotels, motels, trailer parks, or multiple business or commercial units shall be billed on the basis of occupied units reported. The City may at any time, through its employees, check the use of any multiple dwellings, business or commercial enterprises, trailer parks, hotels or motels for the purpose of ascertaining if there is discrepancy on the part of the owner's or operator's declaration of use, and the check thereof by the City and the City's investigation will prevail, except that any owners or operators may present evidence to support his declara- tion at the next subsequent Council meeting, after receiving notice of such discrepancy. At such meeting of City Council or any adjournment thereof, the Council, after hearing all of the evidence, shall decide the correct amount to be charged. Where no declaration is filed as required, the owner or operator of any multiple dwelling, or multiple business or commercial establish- ments, or trailer parks, as defined herein, shall be billed onthe basis of the maximum number of units or space or trailers which said premises can accommodate as laid out. It is expressly provided that the above described rates shall not affect those persons, firms or corporations who have paid their garbage and/or trash fees in advance, and that the accounts paid in advance at the adoption of this Ordinance shall remain good and valid on the basis of former rates until expira- tion of said advance payments, after which such person, firm or corporation shall then commence to pay the above mentioned rates. The charges and fees made by this Ordinance are due and pay- able for the services of garbage and trash collection and its -4- availability to the user, whether such service is used or not, except as expressly provided otherwise herein. Any business conducted upon or in a homestead may be charged as a single residence, otherwise the regular business or commercial rate shall apply. SECTION 5. Transporting and disposing of garbage and trash. It shall be unlawful for any person other than City employees to transport garbage through or over the streets or alleys of the City or to make use of the City garbage and trash dump; provided however, that business or commercial enterprises with unusually large amounts of garbage and/or trash may enter into a written agreement with the City Council, if approved by the City Council, by which the said owner or operator of a business or commercial enterprise may collect, transport and dispose of all accumulation of garbage and trash and the City Council may make a reasonable charge or make no charge at all, in the discretion of the City Council. It shall be unlawful for any persons, firms or corporations to allow accumulations of broken or used appliances, furniture, bedding, building materials or other unsightly accumulations to exist upon any such premises, and it shall be the duty of said person, firm or corporation to either make arrangements for a private con- tractor to collect and dispose of the said accumulations or else obtain permission from the Supervisor of the Garbage and Trash Department to transport same to the City dump. SECTION 6. Garbage and trash containers required. The occupants of each residence, multiple dwelling, business or commercial enterprise and trailer park are required to provide garbage cans and trash containers to sufficiently hold the accumulation of garbage and trash from each such residence, multiple dwelling, business or commercial establishment or trailer park between the days said garbage and trash is collected. SECTION 7. Wrapping and preparation of garbage. All wet garbage matter shall be wrapped in paper before being placed - 5- in garbage cans. Tin cans, bottles and other containers shall first be drained of all liquids prior to being placed in garbage cans. All garbage cans shall be kept tightly covered at all times except when it becomes necessary to lift the covers for the purpose of depositing garbage in the garbage can or for the purpose of emptying such can in a garbage truck. SECTION 8. Preparation of trash. All trash which is absorbent, such as grass and leaves, including fine grass cuttings, shall be contained in the required trash containers, except that trash containing no combustible matter, which will deteriorate or decay without giving off offensive odors, may be accumulated by the owner as mulch or compost at the rear of the premises provided that such is maintained in a neat, orderly and sightly condition. - Tree limbs under four inches (411) in diameter shall be neatly stacked in piles not to exceed four feet (4') in height, four feet (41) in width, or four feet (4') in length. Trash over the said height, width and length shall be removed at the owner's expense. Piles of trash shall be stacked in piles not to exceed four feet (41) in height, four feet (41) in width, or four feet (4') in length. No trash pickups will be made of vacant lots, provided however, the owner of any vacant lot may make arrangements with the City for pickup of trash, and a reasonable charge for such service shall be determined by the Supervisor. Trash which is not prepared as required herein will not be picked up but will be a violation of this Ordinance. SECTION 9. Location of containers. Garbage and trash containers when not in use shall be kept away from the front of any building or premises. No garbage or trash container shall be kept or maintained upon or adjacent to any street, sidewalk, parkway or front yard and shall not be placed within five feet (5') of any property line. No garbage can or trash container shall be deposited upon any adjoining lot or premises, whether vacant or improved, occupied or unoccupied, or in any M street, alley or park in the City. Trash not required to be in trash containers, and trash containers filled for pickup, may be neatly placed near, but not upon the roadway, so as to be con- venient and accessible for collection. SECTION 10. Inspection of garbage cans and trash containers; condemnation. All garbage cans and trash containers shall be sub- ject to the approval and condemnation of the garbage and trash collectors of the City. No appeal for such condemnation shall be possible except to the City Council. SECTION 11. Builders, building contractors and privately employed tree trimmers and tree surgeons. Builders, building contractors and privately employed tree trimmers and tree surgeons must remove all trash and debris from the premises upon which they are working at their own expense, which shall include limbs, tree trunks, roots, concrete slabs, concrete blocks, bricks and all other materials used by contractors in the course of building and/or alterations. SECTION 12. Penalties. Any person, firm or corporation violating any of the provisions of this Ordinance shall, upon conviction thereof, be subject to the penalties provided in Sec. 1-8 of the Code of Ordinances of the City of Edgewater, Florida. Each violation of this Ordinance shall be a separate offense for each day the same continues. SECTION 13. All Ordinances or parts of Ordinances in con- flict herewith be and the same are hereby repealed with the effective date of this Ordinance. SECTION 14. This Ordinance shall take effect immediately upon its adoption by the City Council and approval by the Mayor, The above ordinance was read in full and passed by vote of the City Council of the City of Edgewater, Florida at a regular meeting of said Council held on the 7th day of October A.D., 1968. Upon motion duly made, seconded and carried, the requirement of reading said Ordinance upon second reading was waived and the Ordinance was ordered put upon final passage. -7- Passed by vote of the City Council of the City of Edgewater, Florida at a regular meeting of said Council held on the 7th day of October A.D., 1968, and approved as provided by law; the vote of said Council upon roll call being as follows: ATTEST: city er Approved this 7th day of October A.D., 1968. °L c 0 • vim