3076-83¦'
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ORDINANCE NO. 3076-b3
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING SUBPARAGRAPH (b) AND (d) OF SECTION 54. 02,
COLLECTION BY CITY; EXCEPTIONS, OF ARTICLE I,
GENERALLY, OF CHAPTER 54, SOLID WASTE MANAGEMENT
AND WEED CONTROL, OF TITLE V, UTILITIES, OF THE
CODE OF ORDINANCES, CITY OF CLEAR WATER, TO
CLARIFY THE INTENT AND ADMINISTRATION OF SUCH
SECTION BY PROVIDING THAT COLLECTION BY ACTUAL
PRODUCERS MAY NOT BE SUB-CONTRACTED; TO PROVIDE
THAT ROLL-OFF CONTAINERS MAY BE USED FOR
COMMERCIAL AND INDUSTRIAL REFUSE WHERE THE
CI'T'Y DOES NOT CHOOSE TO COLLECT AND APPROVES
FOR OUTSIDE CONTRACT; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES IN CONFLICT HEREWITH TO THE
EXTENT OF SUCH CONFLICT; DECLARING THAT A PUBLIC
EMERGENCY EXISTS AFFECTING THE WELFARE OF THE
CITIZENS OF THE CITY OF CLEARWATER; AND PROVIDING
FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the City of Clearwater, Florida, both provides and
controls the collection and disposal of refuse in Clearwater; and
WHEREAS, a potential exists for possible confusion in the language
contained in Section 54.02 (b) and (d) of the Code of Ordinances; and
WHEREAS, the change proposed conforms with administrative
practice in administering the section; and
WHEREAS, an emergency exists within the City of Clearwater in
that it is necessary to remove any potential confusion in the language of the
section thereby clarifying the administration of the section and preserving
the welfare of the citizens of the City of Clearwater;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1, That subparagraphs (b) and (d) of Section 54.02, Collection
by City; exceptions, of Article I, Generally, of Chapter 54, Solid Waste
Management and Weed Control, of Title V, Utilities, of the Code of Ordinances,
City of Clearwater, be and the same are hereby amended to read as follows:
Sec. 54.02. Collection by city; exceptions.
(b) Exception for commercial establishments.. This chapter
shall not prohibit the actual producers of refuse, or the
owners of premises upon which refuse has accumulated
from personally collecting, conveying and disposing of such
refuse, provided such producers or owners comply with the
provisions of this chapter and with all other governing laws
and ordinances. This_aubparagraph shall not be construed
to provide for or as allowing collection by sub-contract.
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Ord 3076-03
4/21/83
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(d) Exception for private collectors with roll-off containers.
This chapter shall not prohibit a private collector holding
a permit issued by the city from placing and servicing
roll-off containers for commercial and industrial refuse
that the city does not choose to collect and approves for
collection by outside contract.
Section 2„ All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
,Section 3. This ordinance is adopted as an emergency ordinance
pursuant to Section 166. 041, Florida Statutes, and the Clearwater City
Charter.
Section 4. It is hereby found, determined and declared that this
ordinance is necessary and urgently needed for the preservation of the
welfare of the citizens and inhabitants of the City of Clearwater, Florida,
in that passage of this ordinance is needed to clarify the meaning and intent
of the code in an area of service the City administers on a daily basis, thereby
providing certainty in the application of such code and by reason of such
fact, an emergency is hereby declared; and that this ordinance shall be in
full force and effect immediately upon its passage. This ordinance shall
automatically expire ninety (90) days from the date of its passage unless
the ordinance is submitted during such time for consideration as a non-
emergency ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
April 21, 1983
it 21, 1983
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Mayor-Commissioner
Att t: •
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City Clerk Ord 3076-83
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x+/21/83
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ORDINANCE NO 3076-83 °,.17
1
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING SUBPARAGRAPH (b) AND (d) OF SECTION 54. 02,
COLLECTION BY CITY; EXCEPTIONS, OF ARTICLE I,
GENERALLY, OF CHAPTER 54, SOLID WASTE MANAGEMENT f
AND WEED CONTROL, OF TITLE V, UTILITIES, OF THE
CODE OF ORDINANCES, CITY OF CLEARWATER, TO
CLARIFY THE INTENT AND ADMINISTRATION OF SUCH
SECTION BY PROVIDING THAT COLLECTION BY ACTUAL
PRODUCERS MAY, NOT BE SUB-CONTRACTED; TO PROVIDE
THAT ROLL-OFF CONTAINERS MAY BE USED FOR i _
COMMERCIAL AND INDUSTRIAL REFUSE WHERE THE
CITY DOES NOT CHOOSE TO COLLECT AND APPROVES µ`•?.r,
FOR OUTSIDE CONTRACT; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES IN CONFLICT HEREWITH TO THE.
EXTENT OF SUCH CONFLICT; DECLARING THAT A PUBLIC ,.-.•,,? , ,•.
`s ro,.? ?y` y
EMERGENCY EXISTS AFFECTING THE WELFARE OF THE ?'.z•,,.?;.:?'' `
CITIZENS OF THE CITY OF CLEARWATER; AND PROVIDING MR
FOR THE EFFECTIVE DATE OF THIS ORDINANCE; AND
{t,.i"
PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT, „ :` y , ,oaf
WHEREAS, the City of Clearwater, Florida, both provides and
controls the collection and disposal of refuse in Clearwater; and
WHEREAS, a potential exists for possible confusion in the language
contained in Section 54.02 (b) and (d) of the Code of Ordinances; and
WHEREAS, the change proposed conforms with administrative t?
practice in administering the section; and
IN
WHEREAS, an emergency exists within the City of Clearwater in
that it is necessary to remove any potential confusion in the language of the
section thereby clarifying the administration of the section and preserving
the welfare of the citizens of the City of Clearwater;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That subparagraphs (b) and (d) of Section 54. 02, Collection
by City; exceptions, of Article I, Generally, of Chapter 54, Solid Waste
Management and Weed Control, of Title V, Utilities, of the Code of Ordinances, I?tiailMINA ' FAT&MW
City of Clearwater, be and the same are hereby amended to read as follows. ri 1PV IN niWNMa M, VII-
Sec. 54. 02. Collection by city; exceptions.
(b) Exception for commercial establishments. This chapter
shall not prohibit the actual producers of refuse, or the
owners of premises upon which refuse has accumulated
from personally collecting, conveying and disposing of such
refuse, provided such producers or owners comply with the '
provisions of this chapter and with all other governing laws
and ordinances. This subparagraph shall not be construed
to-provide for or as allowing collection by sub-contract.
W?
Ord. 3076-?83 6/16183
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(d) Exception for private collectors with roll-off can^ainere. ,.
This chapter shall not prohibit a private collector holding 7 ,
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a permit issued by the city from placing and servicing
roll-off containers for commercial and industrial refuse
ksi,•?„•y;t^rs"?#`<,
that the city does not choose to collect and approves for
'
?r collection by outside contract.
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Section Z. All ordinances or parts of ordinances in conflict ,';`:.'." ?5.`.'.•:r;'
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4 herewith are hereby repealed.
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?: •k opted as an emergency ordinance
6 is ad .
Section 3. This ordinance i
?; J ? f
,• _ ?'?g pursuant to Section 166, 041, Florida Statutes, and the Clearwater City ?
Charter. ;
`? h; ' ? ? , , rya ? ,.'• ,. . (: ?'' ,;: •.: ????` `?y? Section 4. It is hereby found, determined and declared that this
,, f ,:4;;.G :' :•., .?: to , .,•.?,;., ,..? ?,?.
ordinance is necessary and urgently needed for the preservation of the
k. . ..'?.. welfare of the citizens and inhabitants of the City of Clearwater, Florida, 4'?;iK?? ... u;
in that passage of this ordinance is needed to clarify the meaning and intent
of the code in an area of service the City administers on a daily basis,
thereby providing certainty in the application of such code and by reason
of such fact, an emergency is hereby declared; and that this ordinance shall
be in full force and effect immediately upon its passage. This ordinance
shall automatically expire ninety (90) days from the date of its passage
unless the ordinance is submitted during such time for consideration as
a non-emergency ordinance.
Section 5. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section 166.041, Florida Statutes.
PASSED ON FIRST READING June 2, 1183
PASSED ON SECOND AND FINAL
READING AND ADOPTED _ _Juie 16, 1983
Attest: /
7
L J L
Mayor-Commie
City Clerk
-2-
Ord. 3076-83 6/16/83