2020-O-28 - Chapter 19 ORDINANCE NO.2020-0-28
AN ORDINANCE AMENDING AND RESTATING
CHAPTER 19 (UTILITIES AND SERVICES), ARTICLE V
(SOLID WASTE COLLECTION AND DISPOSAL),
DIVISION 1. — GENERALLY and DIVISION 2. —
RECYCLABLE MATERIALS, OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA;
PROVIDING FOR CONFICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. It is necessary for the preservation and enhancement of the public health, safety and
welfare and in the best interest of the city and its citizens to amend and restate Chapter 19
(Utilities and Services), Article V (Solid Waste Disposal), Division 1.—Generally AND Division
2. — Recyclable Materials, of the Code of Ordinances to include changes reflecting the use of
carts and other updates.
2. Certain sections of Chapter 19 have not been modified since 2012 and 2017 & therefore
need the revisions to bring this up to date with the City's use of carts.
NOW THEREFORE,BE IT ENACTED by the City Council of the City
of Edgewater, Florida:
PART A. AMEND AND RESTATE CHAPTER 19 (UTILITIES AND
SERVICES), ARTICLE V (SOLID WASTE DISPOSAL), DIVISION 1. —
GENERALLY and DIVISION 2. —RECYCLABLE MATERIALS, OF THE
CODE OF ORDINANCES,CITY OF EDGEWATER,FLORIDA
Chapter 19 (Utilities and Services), Article V (Solid Waste Disposal) is amended and
restated to now read Chapter 19 (Utilities and Services, Article V (Solid Waste Collection and
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Disposal), Division 1. — Generally and Division 2. - Recyclable Materials, pursuant to Exhibit
"A",which is attached and incorporated herein.
PART B. CONFLICTING PROVISIONS
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance
are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property or
circumstance.
PART D. CODIFICATION
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or re-lettered to
accomplish such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE
This ordinance shall take effect upon adoption.
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PART F. ADOPTION
After Motion to approve by Councilwoman Power with Second by Councilwoman Yaney
the vote on the first reading of this ordinance held on September 14, 2020, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Kimberly Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary Conroy X
After Motion to approve by ^�,-. �y% � 1 with Second by
C-D the vote on the public hearing/second
reading of this ordinance held on kwc,+ was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power �►
Councilwoman Kimberly Yaney
Councilwoman Megan O'Keefe
Councilman Gary Conroy
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dk
PASSED AND DULY ADOPTED thi day of __r1
2020.
ATTEST: CITY COUNCIL OF THE
C Y OF G WA R, 0
Robin L.Matusick,C C e Th
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Approved by the City Council of the Cit of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this ay
legality by: Aaron R. Wolfe,Esquire of � , 2020 under Agenda
City Attorney Item#8 Q,
Doran, Sims, Wolfe, Ciocchetti&Yoon
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EXHIBIT "A"
CHAPTER 19. (UTILITIES and SERVICES)
ARTICLE V. (SOLID WASTE COLLECTION AND DISPOSAL)
DIVISION I. GENERALLY
See. 19-60. Definitions.
(a) Biohazardous waste means any solid waste or liquid waste which may present a threat of
infection to humans. The term includes but is not limited to non-liquid human tissue and
body parts, laboratory and veterinary wastes which contain human disease-causing agents,
used disposable sharps, human blood human blood products and body fluids and other
materials which represent a significant risk of infection to persons outside the generating
facility.
M Bulk waste means all large household items that do not require extraordinary management
including, but not limited to, sofas, tables, bathroom fixtures bedroom and living room
furniture, appliances not considered white goods ladders and carpet
(c,) City means the City of Edgewater, FL.
Collection means the process of picking up transporting and dropping off waste at the
appropriate disposal facility.,
(e) Commercial service means service provided to lodges clubs schools churches hospitals
nursing or convalescent homes, multiple dwelling units and mobile home parks being billed
against a master water meter and all other nonresidential establishments at which refuse may
be generated. Persons requiring commercial service shall deposit all refuse in cans bins
receptacles, storage rooms or containers in such a manner and at such locations as may be
required by the Environmental Services Department.
(f Construction and demolition debris means the non-putrescible solid waste and debris
resulting from those construction or demolition activities that require a building permit The
wood and vegetative debris from land clearing on any lot is also considered to be
construction and demolition debris.
Director means the Environmental Services Director for the City of Edgewater FL
Dumpster means a large metal (or plastic) box used for storage of garbage usually one to
eight cubic yards in size that is lifted and emptied mechanically by trucks.
Q Dwelling unit means one or more rooms designed occupied or intended for occupancy as
separate living_quarters with cooking sleeping and sanitary facilities provided within the
dwelling unit for the exclusive use of a single family maintaining a household.
Garbage means wastes resulting from the preparation, use cooking and serving of food;
wastes from the handling storage and sale of produce meats fish or fowl; and papers bags
sacks, cartons, boxes, cans, bottles or other containers; and other small rubbish accumulated
about residential premises business establishments or public institutions Industrial process
wastes from manufacturing or processing_plants are not classified as garbage for the purpose
of this article.
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fU Garbage can means a galvanized metal can or plastic receptacle used to collect solid waste
with a capacity of 35 gallons or less and a loaded weight not to exceed 50 pounds Such can
or receptacle shall have two handles upon the sides of the can or receptacle or a rail by which
same may be lifted and shall have a tight-fitting metal or plastic lid Plastic bags designed to
store refuse may be used, provided such bags are strong enough to support the weight of the
contents without tearing or splitting when lifted by the top and are securely tied to prevent
spillage. The total weight of such bags and contents shall not exceed 40 pounds
Garbage cart means a garbage cart issued to the account holder by the city_
Hazardous waste means solid wastes or a combination of solid wastes which because of
quantity, concentration or physical, chemical or infectious characteristics mqy cause or
significantly contribute to an increase in mortality or an increase in serious irreversible or
incapacitating reversible illness, or may pose a substantial present or potential hazard to
human health or the environment when improperly transported disposed of stored treated or
otherwise managed. Such wastes include, but are not limited to paint gasoline chlorine
bleach, ammonia, motor oil, muriatic acid fertilizer, etc
(n) Multiple-family dwelling units means a group of more than two adjoining dwelling units
Multiple-family dwelling units individually billed are considered residential Multiple-
family dwelling units being billed against a master water meter are deemed commercial
(o) Person means any and all persons, natural or artificial including any individual firm or
association, partnership, joint venture, or other entity of any king type or description
engaging in the conduct or activity with which this section is concerned
jpj Program recyclables means recovered materials included in the ci 's recycling program as
determined by the Director or their designee.
(q) Recovered materials means metal, paper, glass plastic textile or rubber materials that have
known recycling potential, can be feasibly recycled and have been diverted and source
separated or have been removed from the solid waste stream for sale use or reuse as raw
materials, whether or not the materials require subsequent processing or separation from each
other, but does not include materials destined for any use that constitutes disposal
Recovered materials as described above are not solid waste.
(r) Recyclables or recyclable material means any of those materials such as newsprint glass
iars/bottles, aluminum cans cardboard office paper and iunk mail phone books magazines
catalogs and plastic containers which are capable of being recycled and which would
otherwise be processed or disposed of as solid waste.
(s) Recycling bin means containers owned and provided by the city or subcontractor for the
collection of Program recyclables from residential customers.
(� Refuse means garbage and rubbish. Industrial process wastes from manufacturing or
processing plants are not classified as refuse for the purpose of this article.
(u) Residential service means solid waste collection service that is individually billed to single-
family dwellings, mobile homes, two-family dwellings and multiple-family dwelling units
and other buildings used for residential purposes.
(y) Single stream recycling means a system in which all paper fibers plastics metals and other
containers are mixed in a collection truck instead of being sorted by the depositor into
separate commodities.
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fwlSolid waste means sludge unregulated under the Federal Clean Water Act or Clean Air Act
sludge from a waste treatment works water supply treatment plant or air pollution control
facility, or garbage, refuse, special waste or other discarded material including solid liquid
semisolid, or contained gaseous material resulting from domestic industrial commercial
mining, agricultural, or governmental operations Recyclable materials are not solid waste
fxJ Solid waste collection service means the collection of refuse yard trash program recvclables
bulk waste, and white goods from residential service customers and the collection of refuse
and yard trash from commercial service customers
W Solid Waste Division means the Solid Waste Division of the City of Edgewater within the
Environmental Services Department.
W Special waste means solid wastes which require special handling and management and
include but are not limited to, white goods whole tires used oil and lead acid batteries
(aa) White goods means inoperative and discarded refrigerators ranges freezers water
heaters and other similar domestic and commercial large appliances
Yard trash means trimmings from yard grass shrubbery and trees leaves and other
vegetative waste materials, resulting from ordinary maintenance and care of homes and
businesses. For the purpose of this article two distinct types of yard trash are defined as
follows:
Bulk yard trash means wood matter, including tree branches larger than four inches in
diameter and greater than four feet long.
(22,) Regular vard trash means leaves, grass and shrubbery clippings and smaller tree
trimmings.
Sec. 19-60 19-61. Refuse/recycling utility fees.
(a) All bills for refuse/recycling utility fees shall be incorporated into the consolidated
statement or shall be incorporated into the annual tax bill as a non-advalorem assessment.
The refuse/recycling utility fee shall become effective upon the issuance of the certificate
of occupancy (CO). In the event of annexation of an existing building, service will be
effective upon discontinuance of service by the County of Volusia. ,
of aeoupaney(GO).
(b) The established fees shall be applicable irrespective of whether the customer is using said
service. The city shall make an initial determination of the number of units within
multiple building units and shall be billed for solid waste service(s) on the basis of the
units or lots therein. The city may adjust the number of billable units when it shall
determine that the actual number of units or lots has changed during the billing period.
(c) Any business conducted upon or in a homestead may be charge as a single residence or as
a business or commercial customer, as determined by the sib}Director or designee.
Sec. 19-61 19-62. Garbage and yard trash containers required.
(a) The occupants of each residence, multiple dwelling, business or commercial enterprise
and trailer park are required to provide garbage cans and vard trash containers to
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sufficiently hold the accumulation of garbage and yard trash from each such residence,
multiple dwelling, business or commercial establishment or trailer park between the times
of said garbage and yard trash is collected. Such cans shall have a maximum capacity of
29 35 gallons; have a tight-fitting cover/lid and handles on the sides or a rail by which it
may be lifted.
Carts provided by the City
1. Carts provided by the City are the property of the City. Each customer will be
provided one cart per equivalent residential unit Additional carts may be obtained by
paving a deposit for the additional cart.
2. Upon issuance of a cart from the City, each customer shall use the cart for disposal of
household garbage and trash.
3. New account holders will be required to pay a deposit and be offered a choice as to
what size cart they will need. Such deposit will be held in a non-interest bearing
account and will be refunded when the account is closed and the cart is found to be on
premises and in good condition or is returned to the Environmental Services
Department.
4. Each account holder shall have the option of requesting a different size cart one time
within a 24 month period free of charge. Additional requests to exchange a cart will
be charged a service fee as outlined in the fee resolution
5. Carts shall be of sufficient size to hold the accumulation of garbage and trash from
each residence. The Director of Environmental Services or designee shall have the
right to exchange a smaller cart for a larger cart.
6. Carts are to be rinsed out and cleaned by the customer as necessary to minimize odors
and discourage animals.
7. Carts are to remain with the premises. At no time shall a cart be transported to
another premise without the express consent of the Environmental Services
Department.
8. Stolen carts are to be reported to the City of Edgewater Police Department No cart
will be replaced until such time as a police report number is provided to the
Environmental Services Department and the proper form filled out
Sec. 19-62 19-63. Wrapping and preparation of garbage; keeping covered.
(a) All ivet household garbage matter shall be wrapped in paper or plastic before being placed in
garbage-sue carts. Tin cans, bottles and other containers shall be first drained of all liquids
prior to being placed in gaol ge-saos carts or recycling containers.
(b) All broken or shattered glass shall be placed in a separate container from other garbage and
trash and said container shall be legibly marked indicating that contents thereof are
Deus broken glass and should be handled with caution.
(c) All garbage cans and carts 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.
Carts shall not be used for disposal of biohazardous or hazardous waste or construction
debris. Weight limits of the carts will be made at the discretion of the Director or designee.
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Sec. 19-63 19-64. Preparation of yard trash.
(a) Leaves, grass clippings, branches and other landscaping maintenance debris must be
separately bagged or contained in the required vard trash containers, and shall not be
blown, swept or placed into public or private roadways, swales, retention ponds or
adjacent properties. Tvash Yard 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.
(b) Piles of larger yard trash shall be stacked in piles not to exceed four feet in height, four
feet in width, and four feet in length.
(c) No yard trash pickups will be made from vacant lots; provided however, the owner of
any vacant lot may make arrangements with the city for pickup of yard trash, and a
reasonable charge for such service shall be determined by the city as established by
resolution by the city council.
(d) Trash Yard trash which is not prepared as required herein will not be picked up until
additional fees are paid in accordance with the fee resolution and may wi4 be a
violation of this division.
Sec. 19-64 19-65. Location of containers.
Garbage and vard trash containers, including city owned carts, when not in use shall be kept
away from the front of any building or premises. No garbage or yard trash container or cart shall
be kept or maintained upon or adjacent to any street, sidewalk, parkway or front yard and shall
not be placed within five feet of any property line.No garbage can or yard trash container or cart
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. Garbage and yard trash containers and carts
may be placed in front of the building or premises after 4:00 pm the evening before the
scheduled pick-up service. Garbage and trash containers and carts shall be placed at a location on
the premises, or on right-of-way immediately adjacent to the premises which is easily accessible
to employees of the Solid Waste Division and which location is no more than five feet from the
curb, street pavement or other transportation surface immediately fronting the premises No
carts shall be placed on sidewalks, streets or other locations where interference with public travel
may occur, nor shall carts be placed on or in front of neighboring property not in the ownership
or tenancy of the person by whom such refuse are accumulated All garbage and yard trash
containers shall be removed from the front of any building or premises receiving garbage and
yard trash pick-up not later than 11:00 p.m. of the day of the scheduled pick-up.
Sec.49 65. 19-66, Inspection of garbaee cans and -yard trash containers.condemnation.
All garbage cans and yard trash containers shall be subject to the approval and condemnation of
the City's Solid Waste Division Staff. Upon
condemnation of any garbage can, a notice of condemnation will be placed on the can The
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owner or occupant of such premises shall immediately provide a new can or reauest an
additional cart from the City per the requirements of the fee resolution If a cart is deemed to be
condemned, the City will provide a new cart. However carts intentionally damaged or broken
shall be charged a fee for replacement of the cart as outlined in the fee resolution No appeal for
such condemnation shall be possible except to the eitizeas sod@ eafeFeemeat board Special
Magistrate of the City of Edgewater.
See. 19 66. 19-67. 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 yard 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, wood, dry
wall, bricks and all other materials used by contractors in the course of building and/or
alterations. If builders, building contractors or privately employed tree trimmers and tree
surgeons fail to remove all trash and debris it shall be the property owner's responsibility to
remove such at their own expense.
See. 10.67 19-68. Transporting and disposing of solid waste.
(a) It shall be unlawful for any person other than city employees to transport solid waste
through or over the streets or alleys of the city, unless as exempted below.
(b) It shall be unlawful for any person 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 to make arrangements for a
private contractor to collect and dispose of said accumulations or request a special
pickup from the city for which a separate fee will be charged based on the amount of
solid waste to be collected and as outlined in the fee resolution.
(c) Exemptions from this section shall include the following.
(1) Landscape maintenance contractors hauling yard trash to a permitted landfill or
transfer station.
(2) Private tree trimmers or tree surgeons hauling yard trash to a permitted landfill or
transfer station.
(2-D Private residents hauling vard trash or construction debris to a permitted landfill
or transfer station.
(33 4) Permitted and licensed solid waste contractors providing solid waste service to
businesses or transporting solid waste through the city in order- to get en route to a
permitted landfill or transfer station.
(4 5j Any organization or business that has an agreement, contract or franchise with the
city to transport solid waste.
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Sec. 19-69. Miscellaneous Provisions.
(a) It shall be unlawful for any customer to place any waste identified as biohazardous or
hazardous waste in any solid waste container to be serviced by the City. Such waste
shall be disposed of in accordance with local state and federal laws
It shall be unlawful for any person to throw, dump deposit or place any trash garbage
or litter of any kind in or upon any of the lakes lake bottoms or public parks or upon
the property of another, without the express consent of the owner of such property
within the City.
Secs 19 68 19-70—19-73. Reserved.
DIVISION 2.—RECYCLABLE MATERIALS
Sec. 19-74. Unauthorized collection of recycling containers or recyclable materials.
(a) Prohibited. No person, firm or corporation shall be permitted to collect or remove either
recycling containers or recyclable materials placed in or near the recycling containers or
designated collection location unless previously authorized by the City.
(b) Recycling containers.,shall be when not in use., shall be kept away from the front of any
building or premises. No recycling 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 of any property line. No recycling 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.
he r-elneved ffem the front of aft),build' . as not lateF than 11:00 PfH of the day
of the seheduled piek up. Recycling containers may be placed in front of the building or
premises after 4:00 pm the evening before the scheduled pick-up service Recycling
containers shall be placed at a location on the premises or on right-of-way immediately
adiacent to the premises, which is easily accessible to employees of the recycling
contractor and which location is no more than five feet from the curb street pavement or
other transportation surface immediately fronting the premises No recycling container
shall be placed on sidewalks, streets or other locations where interference with public
travel may occur, not shall recycling containers be placed on or in front of neighboring
property not in the ownership or tenancy of the person by whom such recvclables are
accumulated. All recycling containers shall be removed from the front of anv building or
premises receiving recycling not later than 11.00 pm of the day of the scheduled pick-up
Secs. 19-76—19.79. Reserved.
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