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Ordinance 009-1974 ORDINANCE NO.9 -1974 AN ORDINANCE PERTAINING TO THE COLLECTION, TRANS- PORTATION AND DISPOSAL OF GARBAGE AND TRASH WITH- IN THE BOUNDARIES OF MONROE COUNTY, FLORIDA; ESTAB- LISHING THE ENVIRONMENTAL SERVICES DIVISION OF MONROE COUNTY; PROVIDING FOR THE LEGAL STATUS OF SAID RULES AND REGULATIONS; PROVIDING WHO MAY EN- GAGE IN PRIVATE GARBAGE AND TRASH TRANSPORTING, PLACING OR DEPOSITING OF GARBAGE OR TRASH ALONG OR UPON THE HIGHWAYS, ROADS, STREETS AND THOROUGH- FARES 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 CON- TAINERS TO BE PROVIDED FOR THE STORING OF GARBAGE, AND PROHIBITING THE REMOVAL OF GARBAGE FROM SUCH CONTAINER, EXCEPT BY A DULY LICENSED GARBAGE COL- LECTOR; PROHIBITING THE DEPOSITING OF TRASH OR OTHER REFUSE MATTER IN THE SAME CONTAINER IN WHICH GARBAGE IS DEPOSITED, AND THE ACCUMULATION OF GAR- BAGE OR OTHER UNSANITARY MATTER WHICH MAY BE DETRI- MENTAL 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 PROVI- SIONS HEREOF SHALL NOT BE APPLICABLE IN ANY MUNICI- PALITY 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, AS FOLLOWS: Section 1. AUTHORITY. This Ordinance is adopted pursuant to Florida Statutes Chapter 125.01 (l)(k), and the provisions hereof and all sections contained herein shall be construed as having been adopted in the interest of the public health, safety and general welfare of the people of said County. Section 2. SHORT TITLE. This Ordinance shall be known and may be cited as "Municipal Refuse Collection Service Ordinance of the County of Monroe, Florida". Section 3. DEFINITIONS. For the purpose of construing this Ordinance, the following definitions shall apply: When not incon- sistent with the context, words used in the present tense include the future, words in the plural include the singular number, and • • -2- words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. SECTION 3. 1 ABANDONED VEHICLES includes motor vehicles and trailers left on public or private property without permission of the County or owner of the property for an extended period of time (10 days or more) and usually in an inoperable or hazardous condition. SECTION 3. 2 BULKY WASTE includes items of solid waste, such as appliances , furniture, large auto parts , trees , large branches, foliage and the like. SECTION 3. 3 BUNDLE means a package containing rubbish only weighing not over fifty (50) pounds and not exceeding four (4) feet in its longest dimension; securely tied with cord or rope of suffi- cient strength to permit lifting and carrying of the full weight thereof, without spillage or leakage and placed for collection immediately adjacent to a standard container. SECTION 3. 4 COMMERCIAL WASTE means wastes from wholesale, retail or service establishments , including restaurants , hotels , motels , shopping centers, office buildings , trailer parks , lodge buildings and warehouses . It also includes restaurant or cafeteria wastes from industrial concerns and spent petroleum products . SECTION 3. 5 CONSTRUCTION AND DEMOLITION WASTES includes the waste building materials and rubble resulting from construction, remodeling, repair, and demolition operation on houses , commercial buildings , pavements and other structures . SECTION 3. 6 "COUNTY" means the County of Monroe, Florida. SECTION 3. 7 DEAD ANIMALS include those that die naturally, from diesease, or are killed. SECTION 3. 8 DIRECTOR means the Director of Environmental Services who shall be the person who has the authority and responsi- bility for the administration and enforcement of this Ordinance and who shall be appointed and accountable to the Board of County Com- missioners of Monroe County, Florida . -3- SECTION 3.9 DISPOSAL AREA includes any site, tract of land, area, building, structure or premises used, or intended to be used, for partial or total solid waste disposal. SECTION 3.10 GARBAGE includes every waste accumulation of animal or vegetable matter which attends the preparation, use, cook- ing, processing, handling or storage of meats, fish, fowl, fruits, vegetables or other matter which is subject to decomposition, decay, putrefaction, the generation of noxious or offensive gases, odors, or which during or after decay may serve as breeding or feeding material for files, insects or animals. SECTION 3.11 HAZARDOUS WASTES includes those wastes that can cause serious injury or disease during the normal storage, col- lection and disposal cycle; including, but not limited to ammunition, explosives, pathological and infectious wastes, radioactive materials and dangerous chemicals. SECTION 3.12 INDUSTRIAL WASTE includes solid wastes which result from industrial processes and manufacturing operations such as factories, processing plants, repair and cleaning establishments and the like. SECTION 3.13 LIVING UNIT includes any place of abode which is suitable for permanent, transient families, or individual resi- dential use. Each such living unit shall be considered as single and separate for the purpose of this chapter. SECTION 3.14 PREMISES include a building together with any fences, walls, sheds, garages, or other accessory buildings appur- tenant to such building and the land area surrounding the building and actually, or by legal construction, forming one enclosure in which such building is located. SECTION 3.15 RUBBISH is nonputrescible solid waste con- sisting of both combustible and non-conbustible wastes, such as paper cardboard, tin cans, yard rubbish, wood, glass, cloth or litter of any kind. SECTION 3.16 SOLID WASTE (REFUSE) includes putrescible and non-putrescible waste, except body waste, and including abandoned vehicles, food waste, (garbage) rubbish, street sweepings, tree debris and solid market and industrial waste. -4- SECTION 3.17 DELINQUENT ACCOUNTS. All accounts shall be considered delinquent if not paid by the fifteenth of the month, following the month for which service is rendered. SECTION 4. ADMINISTRATION. SECTION 4.1 RESPONSIBLE AGENCY. Monroe County Environ- mental Services Division. SECTION 4.2 FUNCTIONS AND POWERS. a. To supervise the collection, transportation and disposal of all solid waste. b. To promulgate rules and regulations not inconsistent with the terms and provisions of this Ordinance. SECTION 5. SECTION 5.1 SCOPE OF LEGISLATION. STANDARDS AND REGULATIONS. a. Owners, agents, tenants or lessees of all residential and/or commercial establishments shall be responsible for complying with the provisions of this Ordinance. b. All refuse accumulated in the County shall be collected, conveyed and disposed of by the County, or its designated agents, licensees, employees or contract representatives. No other person shall collect or convey over any of the streets, highway, roads or waterways of the County or dispose of any refuse accumulated in the County except as follows. c. Industrial Refuse: this Ordinance shall not prohibit the producers of industrial waste or the owner of the premises upon which industrial waste has accumulated, from personally collecting, conveying and disposing of industrial waste if such service is not provided by the County, subject to the laws and ordinances of the County. d. Exception for Outside Collectors: this Ordinance shall not prohibit collectors of refuse from outside the County from hauling such refuse over County roads and streets, provided such collectors comply with the provisions of this Ordinance and with any other applicable law or Ordinance of said County. -5- e. All garbage before being placed in containers shall have drained from it all free liquids and shall be wrapped in paper or plastic. f. "Rubbish": All rubbish shall be drained of liquid before being deposited for collection. Unless containerized, all rubbish, such as newspapers and magazines, shall be bundled as set forth in Section 3.4. g. Refuse containers: Shall be provided by the owner, tenant, lessee or occupant of the premises in sufficient number to hold all waste that accumulates between collections and shall be properly maintained. Each container shall be durable, rust resistant, non-absorbant, water-tight, rodent proof, shall have handles, tight fitting covers and be easy to clean. Containers shall not exceed 32 gallons in capacity or 60 pounds. Disposable plastic or paper bags of an approved type, size and material, designed for refuse storage and disposal, are acceptable and may be used to contain garbage and rubbish for storage and pickup. Said disposable plastic or paper bags shall not exceed 50 pounds in weight. Any container that doesn't conform to the provisions of this Ordinance or that has ragged or sharp edges or any defect liable to hamper or injure the person collecting the contents thereof, shall be promptly replaced upon notice. The Director shall refuse collection services for failure to comply therewith. h. Industrial and Commercial waste containers for mechan- ical pickup will be furnished by the owner upon approval of the Director. i. Industrial and Commercial refuse shall be sorted, held, kept and collected by the owner thereof, or the owner of the pre- mises, in containers which are suitable for the particular waste involved and which shall all be leakproof, having tight fitting covers. j. Toxic or hazardous wastes shall be stored in the proper containers which are adequately labeled and in a safe location; also, the vehicles and containers used for the collection and trans- portation of such wastes shall be durable, enclosed and leakproof -6- and shall be constructed, loaded, moved and unloaded in a safe manner, all in compliance with the laws of federal and state govern- ments and their regulatory agencies. SECTION 6. CERTAIN ACTS AND PRACTICES PROHIBITED. SECTION 6.1 It shall be unlawful for any person to place, or cause to be placed, any refuse upon any streets, highway, road, waterway, stream or other body of 'Hater or upon private property, whether owned by such person or not, unless it is placed in proper containers for collection or delivered to an authorized disposal area in accordance with the provisions of this act. SECTION 6.2 "Unauthorized Accumulation" Any unauthorized accumulation of refuse or rubbish on any prem~ses is hereby declared to be a nuisance and prohibited. SECTION 6.3 It shall be unlawful for any person to dispose of any acid, explosive material, inflammable liquids or any danger- ous or highly corrosive material in any refuse container which might be detrimental or harmful to any person or persons. The County will not be responsible for the collection or disposal of these materials or of special industrial wastes. Special handling arrangements shall be made with the Director. SECTION 6.4 It shall be unlawful to bury, burn or dispose of garbage, trash or similar material, except by use of a garbage disposal unit, or in accordance with the provisions of this Ordi- nance. SECTION 7. MANDATORY SERVICE. Each person or establish- ment generating refuse within the County, shall subscribe for pickup and removal services when available, either with the County or an approved private collector. In situations involving remote or isolated locations, an exception may be authorized to permit a suitable alternate collection and disposal method. SECTION 7.1 PRIMA FACIE EVIDENCE. Any place of abode or any place of business occupied or in operation where food is pre- pared or is capable of being prepared, or a waste is produced, shall be prima facie evidence that garbage and/or rubbish is being pro- duced and accumulated on such premises and the owner thereof shall -7- pay the prescribed fees for garbage and/or rubbish removal and disposal services for the premises. It shall be the duty of the Director, or his designated agents, to inspect such premises and cause to be removed therefrom any and all refuse found thereon at the expense of the owner thereof, and this likewise apply to the duties of such Director or his designated agents to the proper authorities any violation of this Ordinance, to institute an prose- cute any person found or suspected as being in violation thereof and to appear as a witness in any action pertaining to violation of this Ordinance. SECTION 8. COLLECTION PRACTICES. SECTION 8.1 Residential solid waste shall be collected at least twice each week. SECTION 8.2 "Connnercial/Industrial" Hotels, restaurants and such other businesses and institutions as deem it necessary, may enter into an agreement for a greater frequency of collection than twice each week. Where necessary to protect the public health, the Director shall require that more than twice each week a collection shall be made. SECTION 8.3 "Placement for Pickup" Garbage and rubbish which is to be picked up by the County of its 'Franchised Collectors' shall be placed on the parkway next to the curb or roadway, in front of the residence or establishment in which accumulated NOT in the street, road or highway. SECTION 8.4 BUILDERS AND TREE SURGEONS. Builders, build- ing contractors and privately employed tree trimmers and tree sur- geons, 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, building debris and all other materials used by the contractors in the course of building and/or alteration. SECTION 8.5 SOLID WASTE PROPERTY OF COUNTY. Ownership of refuse material set out for collection or deposited on the County Land Disposal Sites, shall be vested in the County. SECTION 8.6 "COLLECTION AND TRANSPORTATION". The produ- cers of industrial or connnercial wastes or the owners of premises -8- upon which industrial or commercial waste is produced, and who per- sonally collect, convey and dispose of said waste, shall do so as specified in Section S.l(J) and in accordance with the Rules of Sani- tary Code of Florida as provided in Chapter 10-D-12. SECTION 8.6.1 "DISPOSAL". Disposal of refuse by persons so permitted under subsection 8.6 above, shall be made in accordance with the provisions of Section 8.7 herein. SECTION 8.7 INDIVIDUAL DISPOSAL. 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 facilities 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 or in any resolution of said Board. SECTION 9. FEES. Monthly charges for various amounts, types and frequency of waste pickups shall be made to each account. In the event there should be a period of more than thirty days during which service is not required, the Director or authorized franchise holder shall be notified in writing at least ten (10) days in ad- vance. Subsequent billings will reflect the period of non-service. SECTION 9.1 For the protection of the health of the citizens and the sanitation of Monroe County, Florida, each and every resi- dence, place of business, apartment house, unit or dwelling within rhe limits of said county shall be subject to the services provided by this Ordinance, and to procure same shall pay the rate as pro- vided by the franchises granted by the Board of County Commissioners. A delinquent account shall be prima facie evidence of the violation of this Ordinance. SECTION 10. PENALTIES. Any person, firm or corporation violating any of the provisions of this Ordinance shall be prosecuted by the State Attorney of Monroe County, Florida having authority to prosecute misdemeanors, shall be punished by fine not to exceed five -9- hundred dollars ($500.00) or by imprisonment in the County Jail not to exceed sixty (60) days, or by both such fine and imprisonment. SECTION 11. The provisions of this Ordinance shall not be applicable in any municipality within Monroe County, Florida. SECTION 12. SEVERABILITY. If any section, subsection, paragraph, clause, sentence, phrase or portion of this Ordinance is for any reason held invalid, unlawful or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 13. This Ordinance shall take effect upon receipt of the official acknowledgment from the Department of State acknow- ledging receipt of certified copy of this Ordinance and that said Ordinance has been filed in said office. NOTICE OF INTENTION TO CONSIDER ADOTPION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCEP~ that on Tues- day, October 29, 1974, at 1:00 P.M. at the Sheriff's Substation, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: ORDINANCE NO. -1974 AN ORDINANCE PERTAINING TO THE COLLECTION, TRANS- PORTATION AND DISPOSAL OF GARBAGE AND TRASH WITH- IN THE BOUNDARIES OF MONROE COUNTY, FLORIDA; ESTABLISHING THE ENVIRONMENTAL SERVICES DIVISION OF MONROE COUNTY; PROVIDING FOR THE LEGAL STATUS OF SAID RULES AND REGULATIONS; PROVIDING WHO MAY ENGAGE IN PRIVATE GARBAGE AND TRASH TRANSPORTING, PLACING OR DEPOSITING OF GARBAGE OR TRASH ALONG OR UPON THE HIGHWAYS, ROADS, STREETS AND THOROUGH- FARES OF SAID COUNTY, AND THE PLACING OR DEPOSITING OF SAME UPON VACANT LOTS OR PREMISES OF OTHER PER- SONS IN SAID COUNTY; SPECIFYING THE TYPE OF CON- TAINERS TO BE PROVIDED FOR THE STORING OR GARBAGE, AND PROHIBITING THE REMOVAL OF GARBAGE FROM SUCH CONTAINER, EXCEPT BY A DULY LICENSED GARBAGE COL- LECTOR; PROHIBITING THE DEPOSITING OF TRASH OR OTHER REFUSE MATTER IN THE SAME CONTAINER IN WHICH GARBAGE IS DEPOSITED, AND THE ACCUMULATION 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 FACITILIES 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 SUB- JECT TO THE SERVICES PROVIDED HEREIN AND PAYMENT OF FEE THEREFOR; PROVIDING PENALTIES FOR THE VIOLA- TION OF THE PROVISIONS HEREOF; PROVIDING THAT THE PROVISIONS HEREOF SHALL NOT BE APPLICABLE IN ANY MUNICIPALITY WITHIN MONROE COUNTY, FLORIDA; AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. DATED at Key West, Florida this 7th day of October, 1974. RALPH W. WHITE 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: Wednesday, October 9, 1974. ~ttrttal1! llf ~tatt STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 (904) 488-3918 ~~15~cnur SECRETARY OF STATE Dorothy W. Glisson November 4, 1974 Honorable Ralph W. White Clerk of Circuit Court Post Office Box 1680 Key West, Florida 33040 Dear Mr. White: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of Monroe County Ordinance No. 74-9 which was received and filed in this office on Novanber 4, 1974. Kindest regards. Cordially, DOROTHY W. GLISSON Secretary of State ~~ By (Mrs.) Nancy Kavanaugh Chief, Bureau of Laws NK; mp