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Ordinance 019-1980 ORDINANCE NO.19 -1980 AN ORDINANCE PROVIDING FOR THE ANNUAL LEVY OF A GARBAGE AND TRASH COLLECTION AND DISPOSAL SPECIAL ASSESSMENT UPON ALL IMPROVED PARCELS OF RESIDEN- TIAL PROPERTIES AND SERVICE CHARGES FOR ALL COM- MERCIAL ESTABLISHMENTS WITHIN THE UNINCORPORATED AREA OF MONROE COUNTY, FLORIDA; PROVIDING FOR DEFINITIONS; MAKING IT MANDATORY FOR THE PROPERTY OWNER TO PAY SAID ASSESSMENT; MAKING SAID ASSESS- MENT AND SERVICE CHARGE A LIEN AGAINST THE PROP- ERTY UNTIL PAID; PROHIBITING UNAUTHORIZED ACCUMU- LATIONS OF REFUSE ON ANY PREMISES BY DECLARING SAME TO BE A NUISANCE; SETTING REQUIREMENTS FOR GARBAGE RECEPTACLES; REQUIRING DISPOSAL OF ALL GARBAGE AND RUBBISH THROUGH LICENSED FRANCHISE COLLECTORS; PROHIBITING ANY PERSON FROM ENGAGING IN SOLID WASTE COLLECTION EXCEPT THOSE LICENSED BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING METHOD FOR FIXING FRANCHISE COLLECTORS COMPENSA- TION; PROHIBITING LITTERING; REQUIRING ESTABLISH- MENTS SERVING THE PUBLIC TO PROVIDE LITTER RECEP- TACLES AND POST SIGNS NOTIFYING PUBLIC AGAINST VIOLATION OF THE ANTI-LITTERING ORDINANCE; PROVID- ING PENALTIES FOR VIOLATIONS; PROVIDING SAVINGS CLAUSE, REPEALING ALL ORDINANCES IN CONFLICT WITH SAID ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. That Article II, Chapter 8 of the Code of Ordi- nances of the County of Monroe, Florida, be amended so that such Article II shall be amended to read as follows: "ARTICLE II. SOLID WASTE COLLECTION AND DISPOSAL Sec. 8-16. Short title. This article shall be known and may be cited as "The Comprehensive Solid Waste Ordinance of The Munici- pal Service District, Monroe County, Florida". Sec. 8-17. Definitions. For the purpose of construing this article, the following terms, words and their derivations shall have the meaning given herein: Board shall refer to the board of county commIS- sioners of this county. Bulky items shall mean any tangible item such as furniture, appliances, bicycles, motor vehicles or similar property not having a useful purpose to the owner and not included within the definitions of garbage, garden trash, or rubbish. Collector refers to a person authorized by the board to collect and transport solid waste within the county. Page 1 of 14 Pages Commercial includes all nonresidential and indus- trial establishments, but not limited to and without regard to, whether they are profit or nonprofit organi- zations or retail and/or wholesale establishments, motels, hotels, stores, schools, churches, hospitals, office buildings, restaurants, service stations, gar- ages, laundries, cleaning establishments, public or private institutions of all types, and all other busi- ness required to obtain occupational licenses. County shall refer to the unincorporated areas of this county. District shall mean the municipal service district of this county, and shall include all of the unincor- porated lands/area in Monroe County including those incor- porated areas which, pursuant to Florida Statutes Chapter 125, by ordinance, duly and regularly adopted by their respective governing body, have elected to become a part of said district. Garbage means all kitchen and table food waste, animal or vegetative waste, that is attendant with or results from the storage, preparation, cooking or handling of food materials. Improved property refers to all residential, com- mercial or industrial property that generates or is capable of generating solid waste. Litter is hereby defined as including all garbage, rubbish, garden trash and all waste materials including, but not limited to, bottles, glass, cans, scrap metal, junk, paper, disposable packages or containers and all other similar materials, and any substance of any kind or nature whatsoever that creates a public health, safety or fire hazard or a public nuisance. Manager shall refer to the manager of the muni- cipal service district of this county. Multiple-family residence refers to a building or structure that is designed for and capable of housing conveniently two (2) or more individuals or families in separate quarters. Municipality shall refer to all incorporated municipalities within the boundaries of this county. Owner refers to the person owning an interest in improved property within the boundaries of the muni- cipal service district of this county. Person shall mean any individual, firm, co-part- nership, corporation, company, association, executor, administrator, trustee, church, religious sect, religious denomination, society, organization or league, or any other legal entity, whether singular or plural, masculine or feminine as the context may re- qUlre. Public way is hereby defined as any and all streets, roads, alleys, piers, bulkheads, boardwalks, lanes, trails, waters, or other public ways, and any and all public parks, squares, beaches, parks and any and all recreational facilities operated by the state, county, federal government or special governmental districts. Page 2 of 14 Pages Residential property shall mean any structure or shelter, or any part thereof, used, or constructed for use, as a residence for one or more families or in- dividuals and includes the classification "multiple family residence" as defined herein. Residential units shall be construed to mean a single-family dwelling, each living unit in a duplex or condominium dwelling or apartment house and each mobile home tie down on a mobile home parcel or on a condominium parcel/site. Rubbish shall mean refuse accumulations of paper, excelsior, rags or wooden or paper boxes or containers, sweepings, and all other accumulations of a nature other than garbage, which are usual to housekeeping and to operation of stores, offices and other business places, also any bottles, cans or other containers which, due to their ability to retain water, may serve as breeding places for mosquitoes or other water breeding insects. Refuse means all solid wastes including, but not limited to, garbage, rubbish, ashes, street cleaning, dead animals, bulky items, special wastes, sludge and trash. Service area refers to the geographic areas in this county that are designated by the board as fran- chise areas for which an agreement with a solid waste collector has been made. Sludge means any solid or semi-solid or liquid generated from any waste water treatment plant, air pollution control facility, septic tank, grease trap, portable toilets and related operations, or any such waste having similar characteristics or effects. Solid waste means garbage, rubbish, refuse, trash or other discharged solid or semi-solid materials re- sulting from domestic, commercial, industrial, agricultural and governmental operations but does not include solids or dissolved material in domestic sewage effluent or other significant pollutants in water resources such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irriga- tion return flows or other common water pollutants. Solid waste disposal system refers to the total plan of the board for the collection, billing and disposal of solid waste within the district. Solid waste facility shall mean and include land, equipment and buildings, constructed and maintained by the board to transfer and/or dispose of solid waste within the district. Special wastes means those wastes that require extraordinary management. They include but are not limited to abandoned automobiles, white goods, tires, waste oil, sludges, dead animals, agricultural and industrial waste, septic tank pumpings and infectious and hazardous wastes. Transfer station means a site and equipment desig- nated by the county for the purposes of transferring refuse from collection vehicles to long haul transport vehicles. Page 3 of 14 Pages Trash means combinations of yard trash and con- struction and demolition debris along with other debris such as paper, cardboard, cloth, glass, white goods, street sweepings, vehicle tires and other like matter. Yard trash means vegetative matter resulting from landscaping maintenance or land clearing operations and include materials such as tree and shrub trimmings, grass clippings, palm fronds, tree stumps, and tree limbs, etc. Sec. 8-18. Municipal service district to be separate political entity. The District shall be a separate and distinct polit- ical entity from the board of county commissioners, and all revenues of the District, as well as all assets and liabilities of the District, shall be separate and dis- tinct from the general revenues of the county, and the District's revenues shall be carried as a supplement to the county general funds and the surpluses of the Dis- trict's revenues shall be carried over in the District's budget from fiscal year to fiscal year. Sec. 8-19. Annual special assessment for collection, transfer and disposal service. (a) The board of county commissioners acting as the governing board of the District shall on an annual basis, determine, fix and levy upon all improved resi- dential properties within the District, a special assess- ment for the availability of waste collection, transfer and disposal service as set forth herein, including but not limited to maintenance, operation, and support of the District. (b) The fact that any residential unit located in the District is occupied or is capable of being occupied shall be prima facie evidence that garbage or solid waste is being produced or accumulated upon such premises. Temporary residential vacancy, regardless of duration, shall not constitute grounds for a refund or excuse the nonpayment of any assessment. The special assessment for waste collection and disposal shall be levied against all existing and newly constructed resi- dential units. (c) The special assessments may be established or revised at any time by the board of county commissioners and the special assessment, once established by ordinance, shall be applied to each parcel of improved property in the District as shown by the records of the county property appraiser on January first of the current year and the record owner or owners of said property shall be assessed the annual special assessment in accordance with the special assessment ordinance adopted annually by the District's governing board. (d) The annual special assessment for residential collection of solid waste shall be for each consecutive calendar year, payable in advance of the service. The assessments shall be paid annually. The annual pay- ment shall be due and payable no later than the first day of January of the service year. ,Page 4 of 14 Pages (e) The ordinance procedure required for the" levying of the special assessment shall be by public hearing duly publicized in accordance with Florida Statutes Chapter 125, regular ordinance procedure, and may be adjourned and continued from day to day, week to week, until final enactment. (f) The special assessment shall be applied to all individual residential units (including, but not limited to those residential units in apartment houses, condo- minium buildings or condominium sites/parcel and mobile homes). Each unit in a multiple-family residential unit shall be considered as a single-family residential unit and shall be assessed as such. (g) The special assessment for residential units shall be billed on an annual basis and shall cover ser- vice for the twelve-month period from January first through December thirty-first of the assessment year. (h) On or before July first of each year, the county property appraiser shall furnish the manager of the Monroe County Municipal Service District a roll describing all parcels of improved residential real property within the District as set forth herein. The manager shall review said roll and shall extend same by showing the amount of the special assessment levied here- under against each such parcel. Said extended roll shall constitute the assessment roll. All special assessments shown on said extended roll shall constitute a lien upon the property so assessed from the date of said extension to the same extent as the lien for general county taxes and shall be collectible by the county tax collector in the same manner and at the same time as county ad valorem taxes are collected. Sec. 8-20. When special assessments due; collection. The special assessment is due and payable not later than January first of each year and shall become delin- quent as of April first of each calendar year. Any time after January second of any service year, if the annual special assessment has not been paid, the special assess- ment shall continue as a lien if the District shall cause to be filed, in the office of the clerk of the circuit court of Monroe County, a notice of lien showing a legal description of the real property against which the lien is claimed. The property location by street and number, the name of the owner as reflected by the records of the county and an accurate statement of the total amount of unpaid and delinquent special assessment claimed to be due. However, prior to said lien, the District may first remind the property owner of his delinquency, but such a reminder notice is not mandatory upon the District. A copy of such notice of lien shall also be mailed to the owner of the property involved as shown by the records of the county. Such notice of lien shall be filed in the Official Records maintained by the Clerk of the Cir- cuit Court for such purpose. Such liens, if filed, may be discharged and satisfied by payment to the District of the aggregate amount specified in the lien, together with interest thereon from the date the assessment became delinquent to the payment date with interest computed at the rate of ten (10) per cent per annum, together with an additional sum of ten dollars ($10.00) for abstracting Page 5 of 14 Pages and recording cost if any. When such lien has been fully paid or discharged, the District shall promptly cause evidence of the satisfaction or discharge of such lien to be entered in the Official Records. Any person, firm, corporate or legal entity, other than the present owner of the property involved, who pays any such lien shall be entitled to receive an assign- ment of the lien held by the District and shall be sub- rogated to the rights of the District in respect of the enforcement of such lien. Delinquent special assess- ments after recordation of the lien may be collected by appropriate civil action; and in addition to the collec- tion of the lien, interest as called for in the ordinance shall be collected, together with attorneys fees and costs for collection of same. Sec. 8-21. Special assessment after annual roll established. The county building department shall notify the manager of the District of the issuance of any certifi- cate of occupancy for any residential property in the county; and said manager shall add said residential property to the special assessment roll as defined herein. The special assessment shall be prorated to reflect the number of months actual collection service remaining in the special assessment year that said property became obligated to receive garbage and trash collection ser- vice. The manager shall notify the county tax collector of the addition to the special assessment roll and the county tax collector shall in turn collect the sum so assessed from the property owner. The special assessment shall become a lien against the property from the date of billing. The registered property owner shall have sixty (60) days to pay such special assessment imposed under this section, and all such special assessments not paid within sixty (60) days of the date of special assessment shall remain a lien and shall be collected by the District by filing of a notice of lien. Said notice of lien shall be filed in the Official Record books of the county and thereafter shall be collectible in the same manner and shall have the same status as the regular annual assessment which may be levied by the District. Sec. 8-22. Service charges for commercial establish- ments. Service charges as established by the District for commercial establishments shall be fixed and determined by the District in the same manner and at the same time as the special assessment is filed and determined for residential property. Such services shall be billed and collected by franchise collectors and shall be payable on a monthly basis. Sec. 8-23. Only franchises perm~tted to carryon pri- vate collection serVlce. No person, other than persons holding duly authorized franchises issued by the Monroe County Board of County Commissioners shall engage in or carryon within the limits of the county a private garbage and trash collec- tion service, or enter into a business for the collection and disposal of garbage and trash, nor shall any person other than a duly licensed franchise holder transport or cause to be transported along or over the highways, roads, streets and thoroughfares of the county any gar- bage or trash, except as provided in this article. Page 6 of 14 Pages Sec. 8-24. Status of franchises granted pursuant to Chapter 63-1631, Laws of Florida. (a) Each franchise granted by the board 1S con- firmed for a term equal to the unexpired term of such collection franchise, except that the county shall collect the assessment or service fees, as may be called for under this chapter. (b) The supervision of such franchises is trans- ferred to the District. Compensation for the franchise collectors' services during the unexpired terms of their franchises shall be determined on an annual basis by the District at the same time the District is proceeding to determine the amount of the assessment to be levied and service fees to be used pursuant to the requirements and procedures set forth in this chapter, as amended. The compensation increases for each collector shall be determined by analysis of the cost of collection of solid waste within his service area and the District may consider such factors as the collectors' cost, the number of improved parcels in his service area which will be assessed, the estimated tonnage of solid waste to be generated in this service area, and any other factors which may be relevant and material to the issue toward the end that fair and adequate compensation to the franchisee be made while at the same time encouraging economics of operation so that there will be minimal cost to the taxpayer. (c) The District may from time to time, after due notice to the franchisees, promulgate at public hearing such rules and regulations governing the operation of the franchise holders as may be reasonable and necessary to promote the goals of this article. Payment to each franchisee shall be on a monthly basis commencing on February 1, 1978. Payment shall be for the prior month's service. (d) At the expiration of a franchise granted by the board of county commissioners, the board may enter into contracts with any person to provide for the collection of solid waste generated within specified service areas in the unincorporated areas of the county. Said contracts shall contain a description of the solid waste collection service area; the name of the person granted the right to collect the solid waste generated within the service area; the length of the agreement; the consideration to be paid for such collection agreement, if any, and the method of payment; the service to be furnished by the collector; the amount and method of payment to the collector for his perform- ance under the collection agreement, the performance bond and the conditions thereof, if one is deemed neces- sary, to be furnished by the collector; and such rules and regulations governing the performing by the collec- tors as are deemed necessary to implement the provisions of this article and to effectively operate and maintain the solid waste disposal facility. Such agreement may be exclusive or nonexclusive and the term shall not exceed five (5) years. Sec. 8-25. Increases in franchisees' compensation. (a) Any proposed increases in the compensation to be paid the garbage franchisee for collection of the residential properties shall be proposed by the fran- chisee or franchisees on or before April thirtieth of -Page 7 of 14 Pages each year for review by the District prior to the date public hearings are held to determine the special assess- ment and service fees and the rate of compensation to be paid the franchise collector. Each franchisee seeking such an increase shall furnish to the governing body prior to or no later than April thirtieth a certi- fied financial audit of the expenses of his franchise operations during that year, prepared by a certified public accountant of the state. (b) The franchise collector shall notify the manager of the municipal service district of any com- mercial account being serviced by him which is delin- quent in payment of the monthly service charge due. Such manager shall in writing notify the board of the name of the owner of such property, the legal descrip- tion of the property, and the amount due; and the board shall by resolution affix the assessment against such improved commercial property in accordance with the commercial rates previously established for such type, size and frequency of commercial services, and said property shall be liened as of the date of said reso- lution; and a notice of lien shall be filed in the official record books of the county and thereafter shall be collectible in the same manner and shall have the same status as the regular annual assessment levied against residential properties by the district for gar- bage and trash collection and disposal. Sec. 8-26. Owner res onsible for special assessment to or causin (a) It shall be the duty of the owner of each lot, tract or parcel of land in any area in the District where waste collection and disposal service is provided, having a residential unit situate thereon, to subscribe to the garbage collection service and payor cause to be paid the assessment due for each residential unit. (b) It shall be the duty of the owner of each lot, tract or parcel of land in any area in the District where waste collection and disposal service is provided, having improved commercial property situate thereon, to payor to cause to be paid the service fee due for such commercial establishment by subscribing to the collec- tion service provided by the franchise collector ser- vicing his District as provided for in section 8-22. (c) Failure on the part of the owner of such resi- dential property to make such special assessment payment and/or to subscribe to said residential garbage collec- tion service is hereby declared illegal and in addition to such lien as provided for herein shall constitute a violation of section 8-38(f). (d) Failure to subscribe and/or failure to pay the franchise collector is hereby declared to be illegal, and violation shall result in the imposition of a lien against such commercial property in accordance with the procedure established under section 8-21; and in addi- tion to such lien, the owner of such commercial land shall be subject to the misdemeanor penalties of section 8-38(f). Page 8 of 14 Pages Sec. 8-27. Nature of service. (a) Residential. All residential units shall be provided basic service of twice weekly garbage collec- tion. Garbage collections for residential units shall be unlimited. Other solid waste and trash collections shall be limited to one-half (1/2) cubic yard per resi- dential unit per week. Household white goods, discarded furniture, furnishings and equipment shall be picked up upon call to the respective franchisee within ten (10) days. (b) Commercial. All commercial establishments shall be provided basic garbage collection service. Additional collection service shall be available at a collection frequency as required. Sec. 8-28. Container and receptacle requirements. (a) Every premise occupied as a dwelling, store or other place of business in the county shall have and maintain a proper watertight metal garbage container 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 pur- pose of disposing of or removing garbage, or for secur- ing or airing the garbage can immediately after it has been emptied, or before fresh garbage has been deposited in it. (b) Residential receptacles for storage of refuse may not exceed thirty (30) gallons in capacity and fifty (50) pounds in weight unless it can be mechanically dumped. (c) Garbage and rubbish may be placed in the same containers. Garden trash will be collected with the garbage if it is placed in containers not exceeding set limits. Containers shall not exceed thirty (30) gallons in capacity and fifty (50) pounds in weight. (d) It shall be unlawful to fail to provide sufficient refuse containers to contain all refuse between collections. Unless special arrangements are made, no refuse will be collected unless placed in proper containers. (e) Infectious, inflammable and explosive ma- terials, and human or animal wastes shall not be placed in containers for regular collection. Refuse, clothing, bedding, or other refuse from homes or other places where highly infectious or contagious diseases have prevailed should be disposed of under the supervision and direction of the county health officer. (f) Containers shall be placed at curbside or alleyside. No container shall be placed out at the curb or alley prior to 6:00 P.M. on the day prior to scheduled collection, and all containers must be re- moved prior to 6:00 P.M. on the day of collection. ~age 9 of 14 Pages Sec. 8-29. Bundling of brush, etc. Brush and similar materials must be tied securely in bundles weighing not more than fifty (50) pounds and not more than four (4) feet long unless containerized. Sec. 8-30. Premises to be cleaned of debris and noxious material. (a) For the purposes of promoting the health, safety, and general welfare of the residents of the county, the manager of the District is hereby authorized and empowered to require that lands in subdivisions and outside of subdivisions including vacant lands and/or improved property with residences thereon within the unincorporated area of the county be cleared of debris and any noxious material, be the same garbage, litter, rubbish, refuse, solid waste, trash or industrial waste and high grass or weeds which tend to be a breeding place or haven for snakes, rodents, insects and vermin of all kinds and character, or which tend to create a fire hazard or endanger the lives and property of the residents of the county, or which tend to create a traffic hazard, or which tend to create a nuisance or other unsightly or unsanitary condition. (b) For the purposes of health, safety and general welfare of the residents of platted residential sub- divisions in the county, all residential subdivision lots, vacant or occupied, shall be mowed and/or cleared of debris no less than once each three (3) months as fol- lows: Once during the period from January first through March thirty-first; once during the period from April first through June thirtieth; once during the period from July first through September thirtieth; and once during the period from October first through December thirty-first. (c) Upon a determination by the manager of the District that lands in the unincorporated area of the county should be cleared in accordance with the pro- visions of this section, the manager shall make written demand on such property owner by U. S. mail, return receipt requested, directed to his address as shown on the current tax rolls of the county, that his property be cleared in accordance with the provisions of this section and that if such demand is not complied with within thirty (30) days from the date thereof, the land described in such demand may be cleared and/or mowed by the district and the costs thereof will con- stitute a lien against said land. (d) Thereafter, if such land not be cleared or mowed within the thirty-day period allotted by such demand, the employees or contractor of the district may enter upon such land and clear and/or mow same, and the costs for same be imposed by lien procedure authorized by section 8-21. (e) The legal record title owner of said land shall be responsible for compliance with section 8- 30; and in addition to the lien provided for under this section, any owner of property failing to comply with the written demand as provided for hereunder shall be guilty of a misdemeanor in accordance with the penalty provided for in section 8-38. Page 10 of 14 Pages (f) Any unauthorized accumulations of refuse and/or failure to keep a parcel mowed on any property as set forth in this section is hereby declared to be illegal and prohibited. Sec. 8-31. Lot clearing and/or mowing assessments. After having given written notice to a property owner whose property was cleared or mowed by the dis- trict pursuant to the provisions of section 8-30, the manager of the municipal service district shall in writing notify the board of the name of the owner of said property, the legal description of same, and of the district's costs of clearing and/or mowing said land; and the board shall by resolution affix the assessment against such property for the cost of such clearing and/or mowing, and such property shall be liened as of the date of said resolution; and a notice of lien shall be filed in the official record books of the county and a copy mailed by certified mail to the property owner, and thereafter said lien shall be collectible in the same manner and shall have the same status as the regular annual assessment levied against residen- tial properties by the district for garbage and trash collection and disposal. Sec. 8-32. Stora e of solid waste so as to cause alr pollution prohi ite No person shall permit his solid waste to be so stored or kept in an exposed manner as to render the air or soil impure or unwholesome. Sec. 8-33. Unlawful disposal of solid waste. (a) No person shall dispose of any garbage, rub- bish, sludge or special waste, except through franchise collectors. Inhabitants of the county may transport to the district solid waste facility trash from their individual premises, provided that such persons using district facilities shall be required to pay the fee established by the board. (b) No person shall cast, place, sweep or deposit anywhere within the county, any refuse in such a manner that the same may be carried or deposited by the elements upon street, sidewalk, alley, sewer, parkway or other public place or into any occupied premises or unoccupied property within the district, except this shall not prohibit the placement of clean fill upon any private land. (c) No person shall throw, place of deposit, or cause to be thrown, placed or deposited, any solid waste, special waste, trash, junk, vehicle, 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 the county. Sec. 8-34. Litter receptacles required for privately owned establishments serving the public. (a) The proprietors of all privately owned estab- lishments which serve the public including, but not limited to, drive-in restaurants, retail shopping centers, ~age 11 of 14 Pages grocery stores, convenience stores, gasoline service stations, commercial parking lots, camp grounds, trailer parks and all other such establishments shall be re- quired to place litter receptacles of a size and nature suitable to the need and bearing in large print thereon the label "TRASH". The nature of such receptacles, their size, composition, number and place of location shall be determined by the proprietors based on the size, location and circumstances of said establishment. The type and number of such litter receptacles shall be based on the nature and type of business and the customers of such establishments. Failure on the part of proprietors to provide adequate receptacles shall result in action by the board to compel compliance. Such proprietors shall be responsible for the removal of litter from such litter receptacles when necessary. (b) Such proprietors shall, within thirty (30) days of notification by the board in reference to such litter receptacles, comply with the terms of this sec- tion. Sec. 8-35. Owners of privately owned establishments required to post signs warning against violations of anti-litter provisions. (a) The proprietors of all privately owned estab- lishments which serve the public including, but not limited to, drive-in restaurants, retail shopping centers, grocery stores, convenience stores, gasoline service stations, commercial parking lots, camp grounds, trailer parks and other such establishments, shall be required to prominently place signs warning persons against viola- tion of the anti-litter ordinance and its possible crim- inal sanctions. (b) The nature, content, number, location, size and composition of said signs shall be determined by the proprietor of each based on the size, location and cir- cumstances, the volume of potential litter generated by such establishments, and the need for such signs caused by the nature and type of business and customers of such establishments. (c) Failure on the part of the proprietor to pro- vide such signs shall result in action by the board to compel compliance. Such proprietors shall, within thirty (30) days of notification by the board of the required information, comply with the terms of this section. The board may produce such signs and offer them for sale at cost and with no profit to the county to establishments requiring them. Sec. 8-36. Presumption as to discarded solid waste, special waste. Any solid waste, special waste discarded or de- posited in violation of this article which can be estab- lished to have been in the possession or ownership of any person, shall be presumed to have been discarded or de- posited by such person; this presumption may be rebutted by competent evidence or testimony establishing that such item had left the ownership or possession of such person prior to being deposited or discarded in viola- tion of this article. Page 12 of 14 Pages Sec. 8-37. Exemption. The provisions of this article shall not be applic- able in any municipality within the county, except where mutually agreeable. Sec. 8-38. Penalties. (a) Any person violating the provisions of sections 8-23, 8-30 and 8-33 of this article shall, upon first con- viction be punished by a mandatory fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) and/or by such mandatory minimum fine (or dis- cretionary fine in excess of said mandatory fine) and imprisonment in the county jail for a term of sentence not to exceed sixty (60) days. (b) Upon a second conviction within a two (2) year period for any combination of the sections set forth in paragraph (a) above, said violation shall be punished by a mandatory minimum fine of not less than seventy-five dollars ($75.00) nor more than five hundred dollars ($500.00) and/or by such mandatory minimum fine (or dis- cretionary fine in excess of said mandatory fine) and imprisonment in the county jail for a term of sentence not to exceed sixty (60) days. (c) Upon a third conviction within a three (3) year period for any combination of the sections set forth in paragraph (a) above, said violation shall be punished by a mandatory minimum fine of not less than one hundred dollars ($100.00) nor a fine more than five hundred dollars ($500.00) and/or by such mandatory mini- mum fine (or discretionary fine in excess of said manda- tory fine) and imprisonment in the county jail for a term of sentence not to exceed sixty (60) days. (d) In addition to the mandatory fines above, and in lieu of imposing an additional fine and/or imprison- ment, the court in which conviction is obtained may, in its sound discretion, require such convicted person, under the supervision of the pertinent county official, to pick up and remove from any public property or public way or private property, with prior permission of the legal owner of such private property, any and all litter deposited thereon by anyone prior to the date of execu- tion of sentence. (e) Any conviction of a person under sections 8- 26, 8-28(a), (b), (d)-(f), 8-32 and 8-34 shall only be punishable by the fine provisions as contained herein- above and shall not subject such convicted person to imprisonment. (f) Violations of the sections referred to in paragraph (e) of this section shall constitute second degree misdemeanors for each day of violation and shall be prosecutable in the county court by the prosecu- ting officer thereof and upon conviction shall be sen- tenced in accordance with paragraph (a), (b), (c), (d) and (e) of this section. Such prosecution, fine or im- prisonment shall in no way affect the liability of the property owner to pay the annual special assessment called for by this article. Secs. 8-39-8-42. Reserved." Page 13 of 14 Pages Section 2. If any section, subsection, paragraph, clause, found invalid, unlawful, or unconstitutional by any court of sentence, phrase, or portion of this ordinance is for any reason distinct and independent provision and such holdings shall not competent jurisdiction, such portion shall be deemed a separate, affect the validity of the remaining portions thereof. Section 3. All ordinances or parts of ordinances, or special/legal acts in conflict herewith be and the same are hereby repealed with the effective date of this ordinance. Section 4. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County shall be appropriately renumbered to conform to the uniform of Monroe, Florida, as an addition or amendment thereto, and numbering system of the Code. Section S. This ordinance shall take effect immediately of State of the State of Florida that this Ordinance has been upon receipt of official notice from the Office of the Secretary filed with said Office. BOARD OF COUNTY CO~IISSIONERS OF MONROE UNTY LORIDA By (SEAL) Atte?: ~=~Ak ~ Clerk ~_ ADOPTED: October 6, 1980 FILED WITH DEPARTMENT OF STATE: October 7, 1980 EFFECTIVE: APPROVED AS TO FORM ANI) I.SGAL SUFFICIENCY. BY ~~~ AntM. . 0Rke Page 14 of 14 Pages NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Monday, October 6, 1980, at 10:00 A.M. in the Commission Conference Room, 302 Fleming Street, Key West, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: ORDINANCE NO. -1980 AN ORDINANCE PROVIDING FOR THE ANNUAL LEVY OF A GARBAGE AND TRASH COLLECTION AND DISPOSAL SPECIAL ASSESSMENT UPON ALL IMPROVED PARCELS OF RESIDEN- TIAL PROPERTIES AND SERVICE CHARGES FOR ALL COM- MERCIAL ESTABLISHMENTS WITHIN THE UNINCORPORATED AREA OF MONROE COUNTY, FLORIDA; PROVIDING FOR DEFINITIONS; MAKING IT MANDATORY FOR THE PROPERTY OWNER TO PAY SAID ASSESSMENT; ~~KING SAID ASSESS- MENT AND SERVICE CHARGE A LIEN AGAINST THE PROP- ERTY UNTIL PAID; PROHIBITING UNAUTHORIZED ACCUMU- LATIONS OF REFUSE ON ANY PREMISES BY DECLARING SAME TO BE A NUISANCE; SETTING REQUIREMENTS FOR GARBAGE RECEPTACLES; REQUIRING DISPOSAL OF ALL GARBAGE AND RUBBISH THROUGH LICENSED FRANCHISE COLLECTORS; PROHIBITING ANY PERSON FROM ENGAGING IN SOLID WASTE COLLECTION EXCEPT THOSE LICENSED BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING METHOD FOR FIXING FRANCHISE COLLECTORS COMPENSA- TION; PROHIBITING LITTERING; REQUIRING ESTABLISH- MENTS SERVING THE PUBLIC TO PROVIDE LITTER RECEP- TACLES AND POST SIGNS NOTIFYING PUBLIC AGAINST VIOLATION OF THE ANTI-LITTERING ORDINANCE; PROVID- ING PENALTIES FOR VIOLATIONS; PROVIDING SAVINGS CLAUSE, REPEALING ALL ORDINANCES IN CONFLICT WITH SAID ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. DATED at Key West, Florida, this 17th day of September, A.D. 1980. 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: Thursday, September 18, 1980 PROOF OF PUBLICATION • T1 r 1Krj oi ri t TiltErn Published Daily Key West, Monroe County, Florida STATE OF FLORIDA) COUNTY OF MONROE) ss• • Before the undersigned authority personally appeared - •$1.9 ).4d • gpQattp who on oath says that he is ' Advertising OOOOOO • • • • • , of the Key West Citizen, a daily newspaper published at Key West in'Monroe County, Florida; that the attached copy of advertisement, being a, Notice Intention to Consider Adoption in the matter of . NOTICE OF INTEN,aI60 -" I TO CONSIDER ADOPTION' ' - . OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN - TO WHOM IT MAY CONCERN ' • 4 that on Monday,October 6,1980,at I 10:00 A.M. In the Commission • l Conference Room, 302 Fleming I street, Key West, Florida, the Board of County Commissioners of • I Monroe County, Florida, intends . . ' to consider the adoption of the' i followng County ordinance: • . ORDINANCE NO. -1980 I AN ORDINANCE PROVIDING FOR THE ANNUAL LEVY OF A - ' GARBAGE AND TRASH • COLLECTION AND DISPOSAL • SPECIAL ASSESSEMNT UPON - ALL IMPROVED PARCELS OF RESIDENTIAL PROPERTIES AND SERVICE CHARGES FOR ALL COMMERCIAL' ESTABLISHMENTS WITHIN THE UNINCORPORATED AREA OF MONROE COUNTY, 1 FLORIDA; PROVIDING FOR ' DEFINITIONS;MAKING IT MANDATORY FOR THE ' . PROPERTY OWNER TO PAY '- n p was published in Sz 'SAID D ASSESSMENT; ^ issues of Sept 18, 1980 SERVICE CHARGE A LIEN - • AGAINST THE PROPERTY - ' UNTIL PAID; PROHIBITING •• 'UNAUTHORIZED AC- CUMULATIONS OF REFUSE ON - Affiant furthe DECLARING AMEES TO BE A 1 The Key West Citizen is a NUISANCE; SETING newspaper published REQUIREMENTS FORT GAR- , Ld Monroe county, Florida, and that the said n BAGE RECEPTACLES; fore been continuously DISPOSAL OF ALL published• in said M GARBAGE AND RUBBISH ia, each day (except THROUGH LICENSED FRAN P Saturdays) and has CHISE COLLECTORS; , mad class mail matter at the PROHIBIITN ANY PERSON post office in Key FROM ENGAGING IN SOLID . . :,County, Florida, for a • WASTE COLLECTION EXCEPT period of one year 'THOSE LICENSED BY THE -' . first publication of the . BOARD 'OF COUNTY COM- attached copy of adMIssIONERS; PROVIDING _cant further says that he ha: neither paid nor pr FRANCOHISE FOR OCOLLECTORS , _irm or corporation any COMPENSATION; for the purpose of securing discount, rebate, c PROHIBITING LITTERING; p p this advertisement REQUIRING ESTABLISH- :he said newspaper• 'MENTS SERVING THE PUBLIC TO PROVIDE LITTER 1 • RECEPTACLES AND POST - SIGNS NOTIFYING PUBLIC AGAINST VIOLATION OF THE ANTI•1.II-TERING OR- ' ' DINANCE; P'NUVIDING PENALTIES FOR VIOLATIONS; /. PROVIDING SAVINGS CLAUSE,' - ._ - NOTARY PIJBIti" REPEALING ALL -OR- . • ��• � MY COMrAf DINANCES IN CONFLICT WITH I-IRC SAID ORDINANCE ; — DATE. (SEAL,)'_ , DATED at Key West, Florida, /= this 17th day of September, A.D: — 1980. RALPH W.WHITE - Sworn to and c Clerk of the Circuit this le day o f Court of Monroe County, 9 p 0 Florda,and ex officio V Clerk of the Board - 1 of County Commissioners of s-r; r of Monroe County,Florida �1?7f�" I1Ii'- ik kif '� . Sept. 18, 1980 -. �'`?• 1 `u ?C2- , \ . ,J i ` • 1EP 19 1980. COUNTY ATTY. . . '" .. FLORIDA DEPARTMENT OF Sf ATE George Firestone Secretary of State Ron Levitt Assistant Secretary' of State October 10, 1980 Honorable Ralph W. White Clerk of Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Dear Mr. White: Pursuant to the provlslQns of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of your lette~/s of and certified copy/ies of County Ordinance/s No./s . Ol""tnhpr 7 Mnnrnp SO-]~- ~O-lq, RO-?O 2. Receipt of relative to: County Ordinance/s (a) which we have numbered. (b) which we have numbered 3. We have filed th~~fthese ordinance/s in this office October 10, 1980. 4. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Nancy Kavanaugh Bureau of Laws NK/mb FLORIDA-State of the Arts The Capitol 0 Tallahassee. Florida 32301 . (904) 488-3680