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HomeMy WebLinkAbout1977-39ORDINANCE NO. 77-39 AN ORDINANCE RELATING TO THE DISPOSAL OF SOLID WASTE GENERATED WITIIIN INDIAN RIVER COUNTY, PROVIDING FOR DEFINITIONS, PROVIDING FOR RULES, REGULATIONS, RATES AND HOURS TO BE ESTABLISHED BY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR PROHIBITION AGAINST LITTERING, PENALTIES, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE WHEREAS, Indian River County Ordinance NO. 77-19 authorized the issuance of Bonds by the Board of County Commissioners of Indian River County, Florida, to finance .the costs of the solid waste disposal system for the use and benefit of the inhabitants of Indian River County, Florida; and WHEREAS, said Indian River County Ordinance 77-19 provided that the principal and interest on the Bonds would be payable from revenues derived from said project and additionally secured by Indian River County's Guaranteed Entitlement Portion of the State Revenue Sharing Trust Funds pursuant to Chapter 218,Part II, Florida Statutes; and WHEREAS, Chapter 125.01 (1)(k) grants the Board of County Commissioners the power to provide and regulate waste disposal; and WHEREAS, the Board of County Commissioners has authorized the issuance of $1,815,000.00 Solid Waste Disposal System Revenue Bonds, Series 1977, to finance the construction of a solid waste disposal facility for disposal of all solid waste in Indian River County; and WHEREAS, construction of said solid waste disposal facilities have been completed and said solid waste disposal facilities are currently in operation and capable of processing all solid waste generated in Indian River County; and WHEREAS, Indian River County Resolution No. 77-110 pro- vided that the Board of County Commissioners shall enact a Rate Resolution and thereby fix, establish and maintain such rates and collect such fees as will always provide revenues in each year sufficient to pay the debt retirement as established in said Resolution; r NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That: i. - A new Ordinance of Indian River County, Florida, to be designated as Chapter 13, Sections 13-9 through 13-16, '4 Indian River County Code of Laws and Ordinances is hereby adopted to read as follows: SECTION 13-9 DEFINITIONS For the purpose of construing this Ordinance, the following terms, words and their derivations shall have the meaning given herein. When not consistent with the context, words used in the present tense include the future, -words in the plural number include the singular number. The word "shall" is always mandatory and not merely directory. "BOARD" The word "Board" shall refer to the Board of County Commissioners of Indian River County, Florida. "BULKY ITEMS" Any tangible item such as furniture, applicances, bicycles, motor vehicles or similar property not having a useful purpose to the owner or abandoned by the owner and not included within the definition of garbage, garden trash, or rubbish. "COLLECTOR" The word "collector" refers to a person authorized by the Board, under the provisions of the franchise agreement, to collect and transport solid waste within the County as outlined in their agreements. "COMMERCIAL" includes all nonresidential and in- 4ustria1 establishments but not limited to and without regard to whether they are profit or nonprofit organizations or retail and/or wholesale establishments, motels, hotels, stores, schools, churches, hospitals, office buildings, restaurants, service -2- j stations, garages, laundries, cleaning establishments, public or private institutions of all types, and all other business required to obtain occupational licenses. "COUNTY" shall refer to the unincorporated areas of Indian River County, Florida. •i: "GARBAGE" Means materials resulting from the preparation, cooking and serving of food, market wastes, trimmings and other discarded matter from meat or produce, including con- tainers in which packaged and any other matter, of any nature whatsoever, which is subject to decay, putrefaction and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ carrying insects, or any container of the materials defined herein. "IMPROVED PROPERTY" refers to all -residential, commercial or industrial property that generates or is capable .of generating solid waste. "INDUSTRIAL WASTES" shall mean the waste products of canneries, slaughterhouses or packing plants, condemned food products, agricultural waste products, waste and debris from brick, concrete block, roofing shingle or tile plates, debris and wastes accumulated from land clearing, excavating, building, rebuilding, and altering of buildings, structures, roads, streets, sidewalks or parkways and other solid waste products generated from industrial processing or manufacturing. "LITTERING" is hereby defined as including all garbage, rubbish, garden trash and all waste materials, includ- ing, but not limited to, bottles, glass, cans, scrap metal, junk, paper, disposible 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. "MULTIPLE FAMILY RESIDENCE: refers to a building or structure that is designed for and capable of housing -3- 14 -_ to stations, garages, laundries, cleaning establishments, public or private institutions of all types, and all other business required to obtain occupational licenses. "COUNTY" shall refer to the unincorporated areas of Indian River County, Florida. •i: "GARBAGE" Means materials resulting from the preparation, cooking and serving of food, market wastes, trimmings and other discarded matter from meat or produce, including con- tainers in which packaged and any other matter, of any nature whatsoever, which is subject to decay, putrefaction and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ carrying insects, or any container of the materials defined herein. "IMPROVED PROPERTY" refers to all -residential, commercial or industrial property that generates or is capable .of generating solid waste. "INDUSTRIAL WASTES" shall mean the waste products of canneries, slaughterhouses or packing plants, condemned food products, agricultural waste products, waste and debris from brick, concrete block, roofing shingle or tile plates, debris and wastes accumulated from land clearing, excavating, building, rebuilding, and altering of buildings, structures, roads, streets, sidewalks or parkways and other solid waste products generated from industrial processing or manufacturing. "LITTERING" is hereby defined as including all garbage, rubbish, garden trash and all waste materials, includ- ing, but not limited to, bottles, glass, cans, scrap metal, junk, paper, disposible 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. "MULTIPLE FAMILY RESIDENCE: refers to a building or structure that is designed for and capable of housing -3- conveniently two (2) or more individuals or families in separate quarters. "MUNICIPALITY" shall refer to any or all incorporated municipalities within Indian River County, Florida. "OWNER" refers •to the person or persons owning an interest in improved property within the boundaries of Indian River County, Florida. "PERSON" shall mean any individual, firm, co- partnership, 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 require. "PUBLIC WAYS" 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. "RESIDENTIAL ACCOUNT" for billing purposes shall refer to a single family residential unit or a unit in a multiple family structure where residential type waste con- tainers are used. "RESIDENTIAL EQUIVALENT" shall refer to an amount of solid waste that equals that amount generated by an average single family unit. The single family solid waste quantity shall be the amount estimated using current collection data or averages supplied by state or'.federal agencies. "RESIDENTIAL PROPERTY" shall mean any structure or shelter, or any part thereof, used, or constructed for use, as a residence for one (1) or more families or individuals. Residential units shall be construed to mean a single family dwelling or apartment house or mobile home when single family type waste containers are used. -4- "RUBBISH" shall mean refuse accumulations of paper, excelsior, rags or wooden or paper boxes or containers, sweep- ings, and all other accumulations of a nature other than garbage, which are usual to housekeeping and to the 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 cleanings, dead animals, bulky items, industrial wastes and trash. "SOLID WASTE" means garbage, rubbish, refuse, bulky items and other discarded solid or liquid materials, including materials resulting from industrial, commercial, agricultural and community activities. The term "waste" shall be synonymous with "solid waste". "SOLID WASTE DISPOSAL SYSTEM" refers to the total planof the Board for the collection, billing and disposal of solid waste within the County. "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 County. "TRANSFER STATION" means a site.and equipment designated by the County for the purpose of transferring refuse from collection vehicles to long haul transport vehicles. "TRASH" shall mean and include all horticultural trimmings and all accumulations of grass, weed, palm fronds, leaves, flowers, shrubs, vines, tree limbs, and other similar accumulations incidental to yard keeping. SECTION 13-10 No person shall dispose of any garbage, trash rubbish, office of industrial waste, except through franchise -5- i 1 0 collectors or at facilities provided by the County. In- habitants of the County may transport to County facilities, garbage, rubbish, tree limbs, cuttings, leaves, grass and weeds from their individual premises. No person shall cast, place, sweep or deposit anywhere within the County, any refuse in such a manner that may be carried or deposited by the elements upon street, sidewalk, alley, sewer, parkway, or other public place or into any occupied premises within the County. SECTION 13-11 LITTERING A. No person shall throw, place or deposit, ..or cause to be thrown, placed pr deposited, any offal, 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 person within the limits of Indian River County, Florida. B. The properties of all privately owned establishments 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 all other such establishments shall be required 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 i determined by the appropriate county official 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. Said proprietors shall -6- be responsible for the removal of litter from such litter receptacles when necessary. C. The proprietors of all privately owned establishments 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 violation of the anti -litter ordinance and its possible criminal sanctions. 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 circumstances, the volume of potential litter generated 'by said establishments, and the need for such signs caused by the nature and type of business and customers of such establishments. Failure on the part of the proprietor to provide such signs shall result in action by the Board to compel compliance. Said 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 said signs and offer them for sale at cost and with no profit to the County to establishments requiring them. Any litter discarded or deposited in violation of this article which can be established to have been in the possession or ownership of any person, shall be presumed to have been discarded or deposited by such person; this presumption may be rebutted by competent evidence or testimony establishing that such item of litter had left the ownership or possession of such person prior to being deposited or discarded in violation of this article. SECTION 13-12 It is hereby declared that the construction, 4! operation and maintenance of a solid waste facility is a t -7- 0 L. . benefit to all residents within Indian River County. The Board of County Commissioners shall establish, .by Resolution, hereinbefore or hereinafter adopted, rules and regulations necessary for the proper functioning of a solid waste disposal facility, rates to be charged for the use of said facility and designation of the hours during which time the solid waste facility shall be open. SECTION 13-13 Any person, firm or corporation violating ..any of the provisions of this Ordinance shall be prosecuted by the prosecuting officer in the County, having authority to prosecute misdemeanors, and, upon conviction in a court having•jurisdiction of misdemeanors, 'shall be purnished by a fine not to exceed five 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 13-14 The provisons of this Ordinance shall not be applicable in any municipality within Indian River County, Florida, except where mutually agreeable. SECTION 13-15 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 13-16 All Special Acts or Ordinances or parts of Special Acts or Ordinances in conflict herewith be and the same are hereby repealed with the effective date of this Ordinance. This Ordinance shall become effective December 27, 1977. .1