Ordinance 001-1970
ORDINANCE NO. 1-1970
AN ORDINANCE PER T AINING TO THE COLLECTION, TRANS-
POR T A TION AND DISPOSAL OF GARBAGE AND TRASH WITH-
IN THE BOUNDARIES OF MONROE COUNTY, FLORIDA; PRO-
VIDING WHO MAY ENGAGE IN PRIVATE GARBAGE AND TRASH
COLLECTION SERVICES IN SAID COUNTY; PROHIBITING THE
TRANSPOR TING, PLACING OR DEPOSITING OF GARBAGE OR
TRASH ALONG OR UPON THE HIGHWAYS, ROADS, STREETS
AND THOROUGHFARES OF SAID COUNTY, AND THE PLACING
OR DEPOSITING OF SAME UPON VACANT LOTS OR PREMISES
OF OTHER PERSONS IN SAID COUNTY; SPECIFYING THE
TYPE OF CONTAINERS TO BE PROVIDED FOR THE STORING
OF GARBAGE, AND PROHIBITING THE REMOVAL OF GAR-
BAGE FROM SUCH CONTAINER, EXCEPT BY A DULY LICEN-
SED GARBAGE COLLECTOR; PROHIBITING THE DEPOSITING
OF TRASH OR OTHER REFUSE MATTER IN THE SAME CON-
T AINER IN WHICH GARBAGE IS DEPOSITED, AND THE AC-
CUMULATION OF GARBAGE OR OTHER UNSANITARY MATTER
WHICH MAY BE DETRIMENTAL TO THE HEALTH, SAFETY OR
WELF ARE OF THE PUBLIC; PROHIBITING THE DISPOSAL OF
GARBAGE OR TRASH EXCEPT BY FACILITIES PROVIDED BY
MONROE COUNTY, FLORIDA; PROVIDING FOR THE USE OF
THE COUNTY DUMP BY INHABIT ANTS OF SAID COUNTY,
AND THE PAYMENT OF FEE THEREFOR; PROVIDING THAT
ALL RESIDENCES, PLACES OF BUSINESS, APARTMENT
HOUSES, UNITS OR DWELLINGS IN MONROE COUNTY,
FLORIDA SHALL BE SUBJECT TO THE SERVICES PROVIDED
HEREIN AND PAYMENT OF FEE THEREFOR; PROVIDING
PENALTIES FOR THE VIOLA TION OF THE PROVISIONS HERE-
OF; PROVIDING THAT THE PROVISIONS HEREOF SHALL NOT
BE APPLICABLE IN ANY MUNICIPALITY WITHIN MONROE
COUNTY, FLORIDA; AND PROVIDING WHEN THIS ORDINANCE
SHALL TAKE EFFECT.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA:
Section 1. No person, firm or corporation, other than persons, firms
or corporations holding duly authorized franchises issued by the Board of
County Commissioners of Monroe County, Florida, in accordance with
Chapter 63-1631, Laws of Florida, as amended, shall engage in or carryon
within the limits of Monroe County, Florida a private garbage and trash
collection service, or enter into a business for the collection and disposal
of garbage and trash, nor shall any per son, firm or corporation other than
such duly licensed franchise holders transport or cause to be transported
along or over the highways, roads, streets and thoroughfares of Monroe
County, Florida, any garbage or trash, except as provided in Section 6
hereof.
Section 2. No person shall throw, place or deposit, or cause to be
thrown, placed or deposited, any offal, trash, junk, garbage or filth of
any kind, into or on any of the public streets, roads, highways, bridges,
alleys, lanes, thoroughfares, waters, canals, or vacant lots, or upon the
premises of any other person within the limits of Monroe County, Florida.
Section 3. Every premise occupied as a dwelling, store or other
place of busines s in Monroe County, Florida shall have and maintain a
proper watertight metal garbage can or plastic container for receiving
garbage. It shall be provided with a good, tight and closely-fitting metal
or plastic cover, which cover shall be so constructed as to shed all rain
water and to prevent the access of flies to the contents of the can. Such
cover shall be kept on at all times except when removed for the purpose of
disposing of or removing garbage, or for securing or airing the garbage
can immediately after it has been emptied, or before fresh garbage has
been deposited in it.
Section 4. Garbage when once deposited in said can shall not be dis-
turbed until removed by a duly authorized garbage collector.
Section 5. It shall be unlawful for any person to have on his premises,
or to accumulate within the limits of Monroe County, Florida any garbage
or other unsanitary matter which may be detrimental to the health, safety
or welfare of the public.
Section 6. It shall be unlawful for any person to dispose of any gar-
bage, trash, rubbish, offal or industrial waste, except by facilities pro-
vided by Monroe County, Florida to its duly licensed franchise holders.
However, inhabitants of Monroe County, Florida may transport to the
county dump tree limbs, cuttings, leaves, grass and weeds from their
individual premises, provided that such persons using county dumping fa-
cilities or any dumping facilities operated by a duly licensed franchise
holder shall be required to pay the fee established by the Board of County
Commissioners of Monroe County, Florida in the franchises granted by it.
-2-
Section 7. For the protection of the health of the citizens and the
sanitation of Monroe County, Florida, each and every residence, place of
business, apartment house, unit or dwelling within the limits of said coun-
ty shall be subject to the services provided by this Ordinance, and to pro-
cure same shall pay the rate as provided by the franchises granted by the
Board of County Commissioners. Failure to pay such fee shall be prima
facie evidence of the violation of this Ordinance.
Section 8. Any person, firm or corporation violating any of the pro-
visions of this Ordinance shall be prosecuted by the prosecuting officer in
Monroe County, Florida having authority to prosecute misdemeanors, and,
upon conviction in a court having jurisdiction of misdemeanors, shall be
punished by fine not to exceed five hundred dollars ($500.00) or by im-
prisonment in the County Jail not to exceed sixty (60) days, or by both
such fine and imprisonment.
Section 9. The provisions of this Ordinance shall not be applicable
m any municipality within Monroe County, Florida.
Section 10. This Ordinance shall take effect upon receipt of official
acknowledgment from the office of the Secretary of State of the State of
Florida that said Ordinance has been filed in said office.
-3-
..
/
, .,
'" . /
' ~.';/
NOTICE OF INTENTION TO CONSIDER ADOPTION
OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, February 24, A.D. 1970, at 8:00 P. M. in the Monroe County
Court House, Key West, Florida, the Board of County Commissioners of
Monroe County, Florida intends to consider the adoption of the following
County Ordinance:
ORDINANCE NO.
1-1970
AN ORDINANCE PERTAINING TO THE COLLECTION, TRANS-
PORTATION AND DISPOSAL OF GARBAGE AND TRASH WITH-
IN THE BOUNDARIES OF MONROE COUNTY, FLORIDA; PRO-
VIDING WHO MAY ENGAGE IN PRIVATE GARBAGE AND TRASH
COLLECTION SERVICES IN SAID COUNTY; PROHIBITING THE
TRANSPOR TING, PLACING OR DEPOSITING OF GARBAGE OR
TRASH ALONG OR UPON THE HIGHWAYS, ROADS, STREETS
AND THOROUGHFARES OF SAID COUNTY, AND THE PLACING
OR DEPOSITING OF SAME UPON VACANT LOTS OR PREMISES
OF OTHER PERSONS IN SAID COUNTY; SPECIFYING THE
TYPE OF CONTAINERS TO BE PROVIDED FOR THE STORING
OF GARBAGE, AND PROHIBITING THE REMOVAL OF GAR-
BAGE FROM SUCH CONTAINER, EXCEPT BY A DULY LICEN-
SED GARBAGE COLLECTOR; PROHIBITING THE DEPOSITING
OF TRASH OR OTHER REFUSE MATTER IN THE SAME CON-
T AINER IN WHICH GARBAGE IS DEPOSITED, AND THE AC-
CUMULATION OF GARBAGE OR OTHER UNSANITARY MATTER
WHICH MAY BE DETRIMENTAL TO THE HEALTH, SAFETY OR
WELFARE OF THE PUBLIC; PROHIBITING THE DISPOSAL OF
GARBAGE OR TRASH EXCEPT BY FACILITIES PROVIDED BY
MONROE COUNTY, FLORIDA; PROVIDING FOR THE USE OF
THE COUNTY DUMP BY INHABITANTS OF SAID COUNTY,
AND THE PAYMENT OF FEE THEREFOR; PROVIDING THAT
ALL RESIDENCES, PLACES OF BUSINESS, APARTMENT
HOUSES, UNITS OR DWELLINGS IN MONROE COUNTY,
FLORIDA SHALL BE SUBJECT TO THE SERVICES PROVIDED
HEREIN AND PAYMENT OF FEE THEREFOR; PROVIDING
PENALTIES FOR THE VIOLATION OF THE PROVISIONS
HEREOF; PROVIDING THAT THE PROVISIONS HEREOF
SHALL NOT BE APPLICABLE IN ANY MUNICIPALITY WITH-
IN MONROE COUNTY, FLORIDA; AND PROVIDING WHEN
THIS ORDINANCE SHALL TAKE EFFECT.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA:
Section 1. No person, firm or corporation, other than persons, firms
or corporations holding duly authorized franchises issued by the Board of
County Commissioners of Monroe County, Florida, in accordance with
Chapter 63-1631, Laws of Florida, as amended, shall engage in or carryon
within the limits of Monroe County, Florida a private garbage and trash
collection service, or enter into a business for the collection and disposal
of garbage and trash, nor shall any person, firm or corporation other than
such duly licensed franchise holder s transport or cause to be transported
along or over the highways, roads, streets and thoroughfares of Monroe
County, Florida, any garbage or trash, except as provided in Section 7
hereof.
Section 2. No person shall throw, place or deposit, or cause to be
thrown, placed or deposited, any offal, trash, junk, garbage or filth of
any kind, into or on any of the public streets, roads, highways, alleys,
lanes or thoroughfares, or vacant lots, or upon the premises of any other
per son within the limits of Monroe County, Florida.
Section 3. Every premise occupied as a dwelling, store or other
place of business in Monroe County, Florida shall have and maintain a
proper watertight metal garbage can or plastic container for receiving
garbage. It shall be provided with a good, tight and closely-fitting metal
or plastic cover, which cover shall be so constructed as to shed all rain
water and to prevent the access of flies to the contents of the can. Such
cover shall be kept on at all times except when removed for the purpose of
disposing of or removing garbage, or for securing or airing the garbage
can immediately after it has been emptied, or before fresh garbage has
been deposited in it.
Section 4. Garbage when once deposited in said can shall not be dis-
turbed until removed by a duly authorized garbage collector.
Section 5. It shall be unlawful for any person to deposit trash or
other refuse matter in the same container in which garbage is deposited.
Section 6. It shall be unlawful for any person to have on his premises,
or to accumulate within the limits of Monroe County, Florida any garbage
or other unsanitary matter which may be detrimental to the health, safety
or welfare of the public.
Section 7. It shall be unlawful for any per son to dispose of any gar-
bage, trash, rubbish, offal or industrial waste, except by facilities pro-
vided by Monroe County, Florida to its duly licensed franchise holders.
However, inhabitants of Monroe County, Florida may transport to the
county dump tree limbs, cuttings, leaves, gras s and weeds from their
individual premises, provided that such persons using county dumping fa-
cilitie s or any dumping facilitie s operated by a duly licensed franchise
holder shall be required to pay the fee established by the Board of County
Commissioners of Monroe County, Florida in the franchises granted by it.
Section 8. For the protection of the health of the citizens and the
sanitation of Monroe County, Florida, each and every residence, place of
business, apartment house, unit or dwelling within the limits of said coun-
ty shall be subject to the services provided by this Ordinance, and to pro-
cure same shall pay the rate as provided by the franchises granted by the
Board of County Commissioners. Failure to pay such fee shall be prima
facie evidence of the violation of this Ordinance.
Section 9. Any person, firm or corporation violating any of the pro-
visions of this Ordinance shall be prosecuted by the prosecuting officer in
Monroe County, Florida having authority to prosecute misdemeanors, and,
upon conviction in a court having jurisdiction of misdemeanors, shall be
punished by fine not to exceed five hundred dollars ($500.00) or by im-
prisonment in the County Jail not to exceed sixty (60) days, or by both
such fine and imprisonment.
Section 10. The provisions of this Ordinance shall not be applicable
in any municipality within Monroe County, Florida.
Section 11. This Ordinance shall take effect upon receipt of official
acknowledgment from the office of the Secretary of State of the State of
Florida that said Ordinance has been filed in said office.
This Notice is dated at Key West, Monroe County, Florida, this
29th day of January, A. D. 1970.
EARL R. ADAMS,
Clerk of the Circuit Court of Monroe
County, Florida and ex officio Clerk
of the Board of County Commissioners
of Monroe County, Florida.
(SEAL)
Publish: Jan. 30, 1970.
~tattctt1! Xl! ~tcttt
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
TOM ADAMs
SECRETARY OF STATE
March 2, 1970
Honorable Earl R. Adams
Clerk to the Board
Monroe County
Key West, Florida
Dear Mr. Adams:
Pursuant to the provisions of Chapter 69-32, Laws
of Florida, Regular Session 1969, this will acknowledge
your letter of February 26 and certified copy of a Monroe
County Ordinance adopted by the Board of County Commissioners
on February 24, 1970.
We have numbered this ordinance as Monroe 70-1, and
it was officially filed in this office on March 2, 1970.
Trusting that you will feel free to call upon us
whenever we may be of service, I remain
Sincerely,
TOM ADAMS
Secretary of State
B\~.
W~~L. Griffin, f
Bureau of Laws and
Administrative Code
WLG/lc