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390ORDINANCE NO. 3 `70 AN ORDINANCE OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, PROVIDING FOR THE COLLECTION OF GARBAGE AND TRASH; PRESCRIBING GARBAGE CANS AND TRASH CONTAINERS; DIRECTING A SEPARATION OF GARBAGE FROM TRASH; PRO- VIDING FOR THE REMOVAL, INSPECTION AND DISPOSAL OF GARBAGE AND TRASH CANS, AND FOR OTHER PURPOSES; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA SECTION 1. Definititions. Definitions for this ordinance shall be as follows: (a) 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, sweeping, and all other accumulations of a nature usual to housekeeping. (b) Trash. The word "trash" is hereby defined to mean all accumulations of grass, tree or shrubbery cuttings, and other refuse incident to the care of lawns, shrubbery, vines, trees and gardens. (c) Garbage Can. The term "garbage can" shall be 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 shall have handles on the sides of the can by which it may be lifted. Each can shall have a tight fitting top and shall have no perforations in its bottom. (d) Trash Container. The term "trash container" shall be defined to mean a container of a size not to exceed twenty (20) gallons in capacity and shall be metal cans, plastic cans or wooden boxes and said cans or boxes having a9u _ I- I no top shall have perforations in its bottom and must be mounteu = stands no closer than six inches to the ground. (e) Residence. The word "residence" shall apply to a single family unit. Structures having a multiplicity of living units shall be counted as so many residences as there are separate living units. (f) Business. The word "business' shall apply to any establishment or firm wherein gainful employment is conducted or services rendered to the public. SECTION 2. Service Charge. The City of Edgewater shall maintain and operate a service for the collection and disposal of garbage and trash, and all persons, firms or corporations whose premises are served thereby shall pay to the City for the use of such service on the basis of the following rates: Residence: $1.50 per unit Multiple Dwellings: $1.50 per unit for individual pickup $1.00 per unit if centrally located Business: $3.00 per month for a maximum of 2 cans, with a charge of $1.00 per can thereafter Trailer Parks: $0.75 per month for each trailer if centrally located $1.50 per trailer if not centrally located The owner of a Trailer Park shall advise the City Clerk monthly as to the number of trailers. When no declaration is filed as required, the Trailer Park shall be billed on the basis of the maximum number of trailers said park can accommodate. Certain businesses can be exempt from the service charge upon suitable proof to the City Council that garbage or trash collection is not required. Business conducted on the homesite may be charged as a single residence if limited to one can; otherwise, the regular business rate shall apply. The fees shall be collected by the City of Edgewater by affixing the same to the monthly statements for the use of water, providing, however, that 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, the first of said payments being due and payable January 1, 1964. No advance payments at the present rates shall be accepted after the reading of this ordinance. - 2 - The charges and fees [Wade by this ordinance are due and payable for this service and its availability to the user, whether such service is used or not. SECTION 3. 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 street or alleys of the City. It shall be unlawful for any person to burn or bury garbage within the City. Trash, paper, cardboard and wooden boxes may be burned in a covered and protected receptacle, or if such material is burned without being in a covered and protected receptacle, the person or persons burning said material shall be personally present during the burning of said material until the same is totally consumed and/or the fire extinguished. SECTION 4. Garbage and trash containers required. The occupants of each household and commercial establishment in the City are hereby required to provide garbage cans and trash containers to sufficiently hold the accumulation of garbage and trash from each household and commercial establishment between the days said garbage and trash is collected. SECTION S. Wrapping and preparation of garbage. All wet garbage matter shall be wrapped in paper before being placed in garbage cans. Tin cans, bottles and other containers shall first be drained of all liquids prior to being deposited in garbage cans. No garbage shall be deposited in trash container. 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 garbage truck. SECTION 6. Preparation of trash. All trash which is absorbent, such as grass, leaves, pine needles, shall be contained in the above described 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 shall be neatly stacked in - 3 - piles not exceeding four (4)feet in height, four (4)feet in width, or eight (8)feet in length. Trash which is not prepared as required herein will not be picked up. No more than one stack of limbs of the above dimensions or more than one 20- gallon container of trash shall be prepared for pickup at any one time. Trash over this amount shall be arranged for pickup by a contractor at the owner's expense. SECTION 7. Location of Containers. Garbage and trash containers when not in use shall be kept away from the front of any building. No garbage or trash con- tainer shall be kept or maintained upon or adjacent to any street, sidewalk, parkway or front yard, and shall not be placed within five (5) feet of the 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 street, alley or park in the City. Trash not required to be in trash con- tainers, and trash containers filled for pickup, may be neatly placed near, but not upon, the roadway so as to be convenient and accessible for collection. SECTION 8. Inspection of garbage cans and trash containers; condemnation. All garbage cans and trash containers shall be subject to inspection and approval or condemnation by the garbage and trash collectors of the City. No appeal from such condemnation shall be possible except to the Mayor and Councilmen of the City. SECTION 9. 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 from 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 alterations. SECTION 10. Penalties. Any person, firm or corporation violating any provision of this ordinance shall upon conviction in the Municipal Court of Edgewater, - 4 - Florida, be fined a sum not to exceed Fifty ($50.00) Dollars, or imprisonment for a period not to exceed five (5) days, or both. Each violation of this ordinance shall be a separate offense for each day the same continues. SECTION 11. All ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. SECTION 12. This ordinance shall take effect immediately upon its passage and approval by the Mayor. The above ordinance was read in full and passed by unanimous vote of the City Council of the City of Edgewater, Florida, at the regular meeting of the Council held on January 6, 1964. 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. Passed by vote of the City Council of the City of Edgewater, Florida, at the regular meeting of said Council on the 6th day of January, 1964; and approved as provided by law, the vote of said Council being as follows: cbuficilman i CXFuncilman Councilman Councilman / 6th day of Janua.Ey, 1964: -5-