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ORDINANCE NO. 84-75
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, RELATING TO SOLID WASTE
DISPOSAL AT TRANSFER STATION SITES; PROVIDING FOR
DEFINITIONS; CREATING SECTION 13-12.2, GOVERNING USE OF
TRANSFER STATION SITES; PROVIDING FOR PENALTIES;
CODIFICATION; SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the Board finds that the increasing use of its
transfer station sites for the disposal of non -household items of
a bulky or industrial nature prevents this system from serving its
intended purpose; and
WHEREAS, the intended purpose of the transfer station
system is to provide convenient and readily available sites for
collection of garbage of a household nature from all those per-
sons not having regular neighborhood collection services or from
those who otherwise find it necessary or convenient to deposit
household garbage or similar items therein.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA as follows:
SECTION ONE
The definition for "transfer station," found in Section
13-9 of the Code of Laws and Ordinances of Indian River County,
Florida, is hereby amended to read as follows:
Transfer Station means a site and equipment designated
by the County for the purpose of transferring certain refuse, as
limited hereinafter, from collection vehicles to leng-h aui-
transport vehicles.
SECTION TWO
Section 13-12.2 of the Code of Laws and Ordinances of
Indian River County, Florida, is hereby created to read as
follows:
USE OF TRANSFER STATIONS
Transfer stations shall be used only for the disposal of
items generally referred to as "garbage," as defined. It shall be
unlawful and subject to the penalties provided in Section 13-13
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NOTE: Words in streek-tkreugh-type are deletions from
existing text; words underlined are additions.
for any person, business entity, firm or corporation to dispose of
any item defined in Section 13-9 as a bulky item, industrial
waste, trash, or rubbish, other than rubbish usual to
housekeeping, into a County transfer station.
SECTION THREE
CODIFICATION
The provisions of this ordinance shall be incorporated
into the Code of Laws and Ordinances of Indian River County and
the word "ordinance" may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such purpose.
SEVERABILITY
If any section, subsection, sentence, part thereof,
paragraph, phrase, or word of this ordinance is for any reason
held to be unconstitutional, inoperative or void, such holdings
shall not affect the remaining portions of this ordinance, and it
shall be construed to have been the legislative intent to pass the
ordinance without such unconstitutional, invalid or inoperative
part.
SECTION FIVE
EFFECTIVE DATE
The provisions of this ordinance shall become effective
upon receipt from the Florida Secretary of State of official
acknowledgment that this ordinance has been filed with the Depart-
ment of State.
Approved and adopted by the Board of County Commission-
ers of Indian River County, Florida, on this 24th day of October,
1984.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By__C
DON C. SCUR"LOCK, JR
Chairman
ATTEST:
By 1.�E�
FREDA WRIGHT, Cler
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Acknowledgment by the Department of State of the State of Florida
this 2nd day of November , 1984.
Regarding Effective Date: Acknowledgment from the Department of
State received on this 7th day of November , 1984, at
11:00 A.M./P.M. and filed in the Office of the Clerk of the Board
of County Commissioners of Indian River County, Florida.
APPROVED ZFOANLEGAL SUFA IEN�
BY_
Cttorney
(v r
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RELEVANT PROVISIONS FROM CURRENT ORDINANCE:
Garbage means materials resulting from the preparation,
cooking and serving of food, market wastes, trimmings and
other discarded matter from meat or produce, including
containers 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.
Bulky items means any tangible item such as furniture,
appliances, 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.
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 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.
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, excavat-
ing, building, rebuilding, and altering of buildings,
structures, roads, streets, sidewalks or parkways and other
solid waste products generated from industrial processing or
manufacturing.
Trash shall mean and • include all horticultural trimmings
and all accumulations of grass, weeds, palm frond's, leaves,
flowers, shrubs, vines, tree limbs, and other similar
accumulations incidental to yard keeping. (Ord. No. 77-39,
12-27-77)
Sec. 13-13. Penalty.
Any person, firm or corporation violating any of the
provisions of this article 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 punished 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. (Ord. No.
77-39,12-27-77)