5321-92
ORDINANCE NO. 5321-92
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO
UTILITIES; AMENDING VARIOUS SECTIONS IN CHAPTER 54, CODE OF
ORDINANCES, RELATING TO SOLID WASTE MANAGEMENT AND RECYCLING;
CREATING SECTION 54.015, CODE OF ORDINANCES, TO PROVIDE FOR
DEFINITIONS; AMENDING PROVISIONS RELATING TO PRECOLLECTION
PRACTICES, CONTAINERS, PLACEMENT FOR COLLECTION, UNAUTHORIZED
ACCUMULATIONS, LITTERING, AND ENFORCEMENT PROCEDURES; PROHIBITING
CERTAIN MATERIALS FROM BEING PLACED FOR COLLECTION; PROHIBITING NEW
PRIVATE INCINERATORS; PROHIBITING CERTAIN PRACTICES RELATING TO
SOLID WASTE AND RECYCLABLE MATERIALS; CREATING SECTIONS 54.30
THROUGH 54.34, CODE OF ORDINANCES, RELATING TO RECYCLING SERVICES;
REQUIRING A PERMIT FOR RECYCLING SERVICES; ESTABLISHING APPLICATION
REQUIREMENTS AND PROVISIONS FOR RENEWAL, SUSPENSION, REVOCATION OR
DENIAL OF RECYCLING PERMITS; REASSIGNING CERTAIN DUTIES AMONG CITY
OFFICES; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. Article I of Chapter 54, Code of Ordinances, consisting of
Sections 54.01 through 54.12, is amended, and Section 54.015 is added thereto,
to read:
CHAPTER 54. SOLID WASTE MANAGEMENT AND WEED GONTRO6
ARTICLE I. GENERALLY
Sec. 54.01. Entire system a unified public utility.
The solid waste management system of the city, which includes refuse
service and recycling services are combined
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to form a unified public utility for the use and benefit of the city in the
maintenance of public health, welfare and sanitation throughout the city. ?
'e'etio'n 59.06 for deposit, '7-°` s, se Fyiee ehapn"r and rate sEhedwles..
Sec. 54.015. Definitions. As used in this chapter:
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"Solid waste" means all refuse
Sec. 34.02. Collection by city; exceptions.
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(a) Generally. All solid waste refuse accumulated in the city shall be
collected, conveyed and disposed of or otherwise managed by the city ge ment.
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(b) Exception for commercial establishments. This chapter shall not
prohibit the actual producers of solid waste fie, or the owners of premises
upon which solid waste refuse has accumulated, from personally collecting,
conveying and disposing of such solid waste fie, provided such producers or
owners comply with the provisions of this chapter and with all other governing
laws and ordinances. This paragraph shall not be construed to provide for or as
allowing collection by subcontract. An owner or producer of refuse or recyclable
materials may sell or donate these materials but may not enter into any disposal
agreement whereby the owner or producer pays for the use of the container or for
hauling.
Sec. 54.03. Director of public works Sanita n super4ntendeRt; powers;
appeals from action.
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(c) Exception for outside collectors. This chapter shall not prohibit
solid waste collectors of refuse from outside of the city from hauling such solid
waste r-pf,,?A over city streets prescribed by the director of public works
sanit t4en supe intendent provided such collectors comply with the provisions of
this chapter and all other governing laws and ordinances.
(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 rol1-off containers for commercial and industrial
solid waste refuse that the city does not choose to collect and approves for
collection by outside contract.
All solid waste refU5e accumulated in the city shall
conveyed, and disposed of or otherwise managed by the city under
of the director of public works ,nitatiien supe intendent
public works city -manager or hi-s^-d7Ta-t-ed- repre5entat4y&
authority to establish the type of container, the frequency
location of container, amount of solid waste irefuse and re
collection or e*4 disposal service needed. Any pepse..
be collected,
the supervision
The director of
shall have the
of collection,
cycling garbage
Sec. 54.04. Precollection practices.
(a) Preparation of solid waste refuse:
{1) Garbage. All garbage before being plaeed 4n garbage eans
eelleEtinn shall be 4we drained of liquid :from it -;0! free !iqUids and shall be
wrapped or; bagged "^ nnrlnrnr? in paper or plas_t_ic ether eeZ;-Wh'°-mat°w;al-
before being laced"In an container for collection.
(2) Trash. All trash shall be drained of liquid before being deposited
for collection.
Recyclables. RE
th directions or
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trash which, after being eempressed mashed, bent, eut, 5awed er breken, is shall
be placed inside a container, other than the city-issued container reeept ele
approved by the city and placed for_recycli_ng_co_llect_ion at curbside, sgRarate
from other trash shall be eelleeted regulaFly an seheduled garbage . Such
containers shall not be filled above the tGp
rim of the container, . Single
articles such as palm fronds, afl4 tree branches and limbs shall be cut or broken
into pieces which are less than four (4) inches in diameter and four 4) feet
long and shall be stacked at curbside for recycling collection. Larger articles
races ana car
171444 Dangerous material. All dangerous material collected manually
such as broken glass, light bulbs, razor blades, and fluorescent tubes and all
F, other -ne bu le trash shall be deposited in a disposable container and placed
at curbside for collection. Pie ~;~ci'e r-t- le---Ttea1-ma aerial tapee, ''M?
or limb laroef than four (4) 4nehes in diaffieteF ar longer 4an feur (4) feet,
(b) Containers Refuse enta4ner
(1) Duty to provide and maintain in sanitary condition. Except in the
case of ea=t containers provided by the city to he used in areas servi^^d-?,.? t'?"
e' all containers shall be provided by the owner, tenant, -lessee, or
occupant of the premises. Containers Refuseeenta4n4l-, shall be maintained in
good condition. Any container that does not conform to the provisions of this
chapter or that may have ragged or sharp edges or any other defect liable to
hamper or injure the person collecting the contents thereof, shall be promptly
replaced by the customer, upon written notice by the city. The director of public
works sanitation CIIpeFiYl}py}1dent_ shall have the authority to discontinue ruse`
collection service for failure to comply lher-ewit}. In the event of damage to a
container provided by the city caused by a user of the container, the cost of
repair or replacement shall be charoed to the customer's account.
(2) Specifications Garbage. Containers Garbage eantalners shall be made
of durable heavy plastic or metal, equipped with suitable handles and tight-
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.":? fitting covers,,, and shall be water-tight.
',- Except in the case of c-a-rt containers provided by the city.
each garbage container
shall have a capacity of not more than thirty (32 galians, and shall weigh not
more than 60 (sixty pounds when full 13e-f?atEh.we4ght whenfull rtN eelleeted
M -(44 Commercial trash bins or trash Teems'. No commercial trash bins
or trash rooms shall be construed or used -ter--getaber 1, 1974-, without written
permission of the director of public works . No existinq bin
existing pi2ier to October 1-, , shall continue to be used, and no new bin
shall be permitted for use, unless it is completely enclosed and water tight
u . Commercial front end containers provided by the owner and used
t in conjunction with compactors shall first be approved by the director of publi_c_
works 5Uper'ntendent of sanitation, such approval to relate to the ability of the
city to service such equipment.
(c) Storing of solid waste refuse:
(1) Public places. No person shall place any solid waste refuse in any
street, alley or other public place or upon any private property whether owned
by such person or not, unless it is in containers for collection. No person
shall place any solid waste Fefuse at the curb for collection except on his or
her property dja cent and direGtly in front , and such placement shall be
behind the curb or where the curb should weuld be. Any person having a corner
lot may use the side yard curb, ems' subject to the director of public
works' san4 tat4a- .-Veri;tende approval. No person shall throw or deposit
any solid waste refuse in any ditch, stream or body of water. Gonta4nerii!ed-trasl
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.(4144 Commercial containers. Containers Large ^t iners too heavy for
ene inan? to lift wi u s-t-r shall be of such size and shape as to be capable
of being lifted and emptied into city collection vehicles
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days, not- to exeeed ten f after up seyere -starms.
(2) Unauthorized accumulation. Any unauthorized accumulation of solid
waste refuse on any lot or premises is hereby declared to be a nuisance and is
prohibited. Failure to remove any accumulation of solid waste refuse following
notice to the owner or tenant and a reasonable opportunity-to take corrective
action shall be deemed a violation of this chapter.
(3) Littering . No person shall throw, east, place,
sweep or deposit anywhere within the city any solid waste se in such a manner
that it may be carried or deposited by wind or rain the eemer, upon any street,
sidewalk, alley, sewer, parkway or other public place, or into any occupied
premises within the city.
(4) Commercial establishments. All commercial establishments shall
secure solid waste accumulated u on the remises
so as to eliminate wind-driven debris and unsightly litter conditions in and
about the establishment.
(5) Public parking lots. All public parking lots shall be provided with
trash containers in sufficient quantity so that there shall be at least one
container for every fifty (50) parking spaces. This requirement shall apply to
parking lots with a capacity in excess of twenty-five (25) spaces or sue-lee-1ets
te--Fequi° trash reeeptaele . It shall be the responsibility of the owner or the
manager of the parking lot to collect the material trash deposited in the
{ containers and deposit the t4O-s- material in a container for collection 'eeatiee
As used in this subsection the term "public
parking lot" shall mean a privately owned lot open to the general public.
(6) Construction sites. All construction sites shall be provided with
trash containers, the number of which shall t4 be determined according to 4?-Y the
size of the job at the discretion of the director of the building division
department-. Construction sites shall be kept clean and orderly at all times and
the building director may suspend or red tag a construction job until the
premises are brought up to a satisfactory sanitary condition.
(d) Points of collection:
(1) Side or rear building collection. Solid waste containers Garbage
ears- shall be placed for collection at ground level on the property, not within
the right-of-way of a street or alley, and shall be accessible without entering
into a building or shelter of any type, ---° ,arr,z;nn?zrhaye ..anr-ee;
under ep aFeund animas or =;raper-ty ebstQeqe. No solid waste garbage shall be
collected unless where r-°fwxr containers are readily accessible eansGt be rearzhe'
by sanitation personnel without unlocking a door, gate or other, obstacle wh4eh w411 eau5e de Exce tions *c:: t+G^r thereto may be approved
in writing by the director of public works sans ion super tendent. provided
that proyld4n an additional payment for the extra service is agreed upon by both
parties.
(2) Curbside pickup. Solid waste containers Garbage eans or approyed
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garbage reeeptaele& shall be placed for collection on the ground at the curb Iine,
adjacent and in front of the premises and the placement shall be behind
the curb, or where the curb should wow4d be. Any person having a corner lot may
use the side yard curb of the 1subject to the approval of the director of
public works superintendent.
sanitation (3) Handicapped and elderly. Any person who has been certified by a
physician as being unable to mereer place a solid waste container garbage-ea+?
ea=eeet-aele at the curb shall be entitled to have the solid waste @arbage•
collected at the side or rear of the building at no extra charge.
(e) Compactors and baling machines:
(1) Registration. Prior to the placement of compactors and baling
machines such equipment eempaeters and baling maek4ne& shall be registered with
the director of public works superintendent ef .
(2) Storage of compacted trash. Compacted cardboard, trash or by-
products thereof as described in this section which have been compacted into
bales shall be stored in fireproof structures or buildings at all times unless
awaiting transport to ultimate disposal.
(3) Transporting compacted trash. No person shall haul or eenye ,-r-emeye-
sr- transport compacted trash or recyclable materials eardbeard over streets and
roadways in the corporate city limits without prior registration with the
director of public works
Sec. 54.05. Collection practices.
(a) Frequency of collection:
(1) Residential and small businesses. Solid waste Garbage accumulated
by residences and small businesses shall be collected twice each week on
regularly scheduled days except Saturdays, Sundays and holidays.
\, (2) Commercial. Motels, hotels, restaurants, supermarkets, hospitals,
schools and other establishments elaiming it , may have daily collection
services except Sundays and holidays to fit their respective needs at the regular
rates charged therefor. Where necessary to protect the public health, the
director of public works sas;tati n .uper;.,+,,ndent, eaunt y health department
"'i+"""" or an authorized health department official or efapleyee mm? lie
-the-awthopi-fie require more frequent collections.
(3) Building materials. Except for roll-off container services the T#e
city shall not be responsible for the col lect ion eelleeting orhl ? of -t=a6h,
t4'iseap ed budding -m teFia', dirt, rock, sod, plaster, lumber, metal or other
construction or building 44-ke material originating from .private property
preliminary to, during or subsequent to the construction of new buildings, or
alterations or additions to existing buildings o€--whateT°rpe. Suer, material
shall be removed by the owner of the property or by the contractor. No
certificate of occupancy shall be issued until such material has been removed by
the owner or contractor.
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,(5) ?44 Special collections. Restaurants and other establishments having
solid waste -foods er ether """b""°which has an offensive odor or will constitute
be d er-Qed as a nuisance if not collected on a Saturday, Sunday or holiday,
may, upon the approval meet of the director of public works
erlntende +- be collected on Saturday or Sunday era t-he-request -o of the
veeemmenda-tom-ef the eeunty health department sanitarian. All garbage
^ ivAns sitrll be either twiee?a--weele er `ally uMe5?seme exeept4ena4-
(b) Special sanitation problems:
(1) Contagious disease solid waste fie. The removal of clothing,
bedding or other solid waste refuse from homes or other places where highly
infectious or contagious diseases have prevailed shall be performed under the
supervision and direction of the proper county health officer: Such solid waste
refuse shall not be placed for collection in een el*-r a -regula eelleetions
and shall not be collected by solid waste division personnel_ a
(2) Inflammable or explosive materials tae. Highly inflammable or
explosive materials shall not be placed in containers for regular collections,
but shall be disposed of as directed by the director of public works sanit tie
superintendent at the expense of the owner or possessor thereof.
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Sec. 54.06. Collection and disposal by commercial establishments, private
individuals and outside collectors.
(a) Requirement for vehicles. The actual producers of solid waste use
or the owners of premises upon which solid waste refuse is accumulated a-n4 who
desire personally to collect and dispose of such solid waste z-cfuse, persons who
desire to dispose of waste material not included in the definition of solid waste
ae?; and solid waste collectors of-refuse from outside of the city who desire
to haul solid waste over the streets of the city, shall use a water-tight vehicle
provided with a tight cover and shall operate the vehicle_ so.9perat 4 as to
prevent offensive odors escaping therefrom and materials refuse from being blown,
dropped or spilled.
(b) Rules and regulations. The director of _pub_lic works sanit' e
supep into"4ent shall have the authority to adopt reasonable and
necessary regulations concerning private collection_ 4ndi idua l Bell +'^^? and
disposal and relating the hauling of solid waste refuse over city streets by
outside collectors as he-shall find-neGessaFy?, subject te?the right of appeal s-
set ferth--in th49 chapter.
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(c) Incinerators. Owners or lessees of premises which have private
incinerators as of October 1, 1979, shall be permitted to burn trash, subject to
the incinerator and its operation meeting all city, county and state regulations,
and having the written approval of the fire marshal . An 4
refuse incinerator to be operated within the city shall cause no offensive odors,
no sparks, no nuisance, and a minimum of smoke. No new incinerators shall be
permitted within the city.-
Sec. 54.07. Fees and charges.
(a) See section 50.05 for solid waste management system de osits fees
service charges, and rate schedules under this .
(b) The solid waste collection and disposal charges are applicable until
all municipal utilities including lawn (water) meters are disconnected.
(c) For accounts payable, see section 50.06.
Sec. 54.08. Unlawful practices generally.
It is hereby declared unlawful and a violation of this chapter for any
person to do or permit to be done any of the following acts or practices:
(1) To deposit on or bury in, or cause to be deposited in or buried in,
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any property, public or private, and any epert-y, street, alley, YaraAt 19
, the waters of Clearwater Bay, Steyenson Greek or
any ether creek, watercourse storm sewer or ditch within the corporate limits
of the city, any solid waste garbage or other noxious, malodorous or offensive
matter;
(2) To fail or neglect to keep or cause to be kept clean and sanitary or
tightly covered and in good state of repair all containers and trash receptacles;
(3) To place or allow to be placed upon the streets, alleys,, curbs
r & bicycle paths or sidewalks of the city any rubbish, sweepings, debris,
trash or waste materials of any kind
rearon_ of braisiGn eendueted an the abutting ppeperty, which constitutes might
be a menace to traffic, both vehicular and pedestrian, or a wh4eh might Bate
health or aesthetic problem or which im?pairs, the
proper operation of the city's sewer or drainage system; or
(4) To remove recyclables_or any marketable materials from solid waste
placed out for collection. Suchan act is declared-- "scavenging" and is
Runishable by a_fine of $500.00 per incident. An incident is deemed to be the
removal of such materials from a sinal T
e tlremi 5e5. To --eallP
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eendi-tien3, appreved tie--i-s?suanc-e--of a--permit - or a- neti.ester- to th'a
a$-
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Sec. 54.09. Duty of property owner to supply receptacle; exception.
+4 It shall be the duty of all owners of residences, businesses,
professional offices, motels,
bqaiPd4nq
houses, apace houses er and other commercial establishments in the city to
supply each of such establishments with solid waste containers garbage eans or
eemmercia-1-centaineps as defined 4n th4s chap except where furnished by the
city.
60• , eelleeted
[Sections 54.10 and 54.11 are reserved for future use.]
Sec. 54.12. Enforcement.
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The director-of-public works is authorized to
exercise and sueh etheF pepsenne! a5 he may designate shall be preyided - limited
police powers to enforce the provisions of this chapter. These limited police
powers shall include the authority to issue a twenEy--fewr--(2 ) hour cerree+;^n
notice of violation of a provision of this chapter and, following a reinspection
after the time specified in the notice for corrective action 41-F f
hours !aif there has not been substantial compliance with the eriginal-
notice of violation, or if the violation _h_as_been _ corrected but reoccurs, the
director of public works m s#a-1-1- cause a summons
to be issued by a sworn police officer of the city for appearance in count
Section 2. Article III of Chapter 54, Code of Ordinances, consisting of
Sections 54.30 through 54.34, is created to read;
ARTICLE III. PERMIT FOR RECYCLING SERVICE
` Sec. 54.30. Reguired.
A permit shall be obtained b an person collecting or rocessin
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recyclable materials within the City._
Sec. 54.31. Application.
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() A_rev_iew of the material submitted pursuant to section 54.31:
2) Evidence that the a licant has satisfied the followin :
a. The applicant has agreed to furnish a duplicate copy of the
applicant's monthly billing, if any;
Sec. 54.33. Terminat
renewal.
(a) All Permits and
(1) year and shall terminat
(b) Each permit ho.l
forms provided by the so1ji
calendar near, which aooiic
a
this article shall be vali(
)n September 30.
shall make a written a l
ante division on or before
on shall be accomoanied b%
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ions on issuance or
r not more than one
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3 Be accompanied b a permit fee of $50.00.
Sec. _54.32._ Prerequisites to issuance.
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Sec. 54.34.Revocation, suspension, or denial.
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(a) The city manager may revoke or suspend a permit, or }dace the permit
holder on probation, or place other conditions upon a permit as the city manager
finds necessary upon finding a violation of this chapter by the permit holder or
that false statements were made on any application or on any submittal required
by this article by the permit holder, after affording the permit holder notice
of the charges and opportunity to be heard.
(b) Notice of the charges and an opportunity to be heard shall be provided
generally in the manner set forth in Section 71.12 for the revocation,
suspension, or denial of occupational licenses, except that the city manager
shall have the authority to revoke or suspend a permit and the public works
director shall have the authority to deny an application for a permit subject to
appeal to the city manager.
(c) As used herein, "permit holder" includes but is not limited to the
permit holder and any officer, agent or employee of the permit holder.
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Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING , -December-3,-1992
PASSED ON SECOND AND'FINAR
READING AND ADOPTED
Attest:
December 17, 1992
1 z1,o _1/) i'
A,f-
Rita Garvey
Mayor-Commissioner
Approved as to form
and correctness:
Cyn is E. Goudeau
C Clork
i, J
M. A. Ga rai .
City Attorney
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53,2 1- 92