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337ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, PROVIDING FOR THE COLLECTION OF GARBAGE AND TRASH; w PRESCRIBING GARBAGE CANS AND TRASH CONTAINERS; DIRECTING A SEPARATION OF GARBAGE FROM TRASH; PROVIDING FOR THE REMOVAL, INSPECTION AND DISPOSAL OF GARBAGE AND TRASH CANS, AND FOR OTHER PURPOSES; AND PROVIDING PENALTIES �O® FOR VIOLATIONS THEREOF. 0® BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA. SECTION 1. Definitions. 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 ddors, or which, during or after decay, may serve as breeding or feeding material forflies 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. (b) Trash. The word "traah" 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. (0) 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 no top shall have perforations in its bottom and must be mounted on 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 many residences as there be separate living units. Trailers located in trailer parks and having individual garbage and trash collections shall be considered a residence for the purpose of this ordinance. (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 servicefor 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 Motor Courts - $ .50 per unit Businesses - $1.90 per can with a minimum rate of 43.00 Trailer Parks - $1.00 per trailer where garbage and trash is deposited in a central location. $1.50 per trailer where garbage and trash is Individually collected. Said fee 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 state- ment. The above stated fee shall be payable in advance, the first of said payments being due and payable December 1, 1962. It is -2- expressly provided, however, that the above described rates shall not effect those persons, firms or corporations who have paid their garbage and trash fees in advance and that the accounts paid in advance shall remain good and valid on the basis of former rates until expiration of said advance payments, after which the said person, firm or corporation shall then commence paying the above mentioned rates. No advance payments at the present rates shall be accepted after the reading of this ordinance. The charges and fees made by this ordinance are due and payable for this sere ice 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 streets 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 L. Wrapping and preparation of garbage. All wet garbage matter shall be wrapped in paper before being placed in garbage cans. Tin cane, 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 -3- 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 containere, 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 piled, shall not exceed five (5) feet in, length nor exceed forty (40) pounds in weight per limb. SECTION 7. Location of containers. Garbage cans and trash containers shall not 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. It shall be unlawful for any person to deposit garbage cans or trash containers upon any adjoining lot or pwimises, 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 may be neatly piled near, but not upon, the roadway so as to be convenient and accessible for collection. SECTION 8. Inspection of garbage cane 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 Council- men of the City. SECTION 9. Builders, building contractors and privately employeed tree trimmers and tree surgeons. Builders, building contractors and privately employeed 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, -4- 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 provisions of this ordinance shall upon conviction in the Municipal Court of Edgewater, Florida, be fined a sum not to exceed Fifty (50) Dollars or imprisoned 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 hereby are repealed. SECTION 12. That this Ordinance 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 November 19, 1962, 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 19th day of November, 1962, and approved as provided by law, the vote of said Council being as follows: /C ~ 6 Jam' 'y � .ter.'. �•. � 1 ,�//qln � \\O d• ATTEST: � er Approved this 19th day of November, 1962. —ka9oi -s-