HomeMy WebLinkAbout2022-011ORDINANCE NO. 2022-011
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 204.06
(DEFINITIONS) AND SECTION 204.13 (TERMS OF CONDITIONS OF
FRANCHISES) OF PART 1 (IN GENERAL) OF CHAPTER 204 (SOLID
WASTE DISPOSAL) OF THE CODE OF INDIAN RIVER COUNTY, TO
REMOVE THE FRANCHISE EXCLUSIVITY OF COMMERCIAL AND
DEMOLITION DEBRIS COLLECTION IN ANY SIZE CONTAINER; AND
PROVIDING FOR CODIFICATION; SEVERABILITY; CONFLICT OF
ORDINANCES; AND EFFECTIVE DATE OF THE ORDINANCE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Enactment Authority.
Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest
broad home rule powers in counties to enact ordinances, not inconsistent with general or
special law, for the purpose of protecting the public health, safety and welfare of the
residents of the county. The Indian River County Board of County Commissioners
specifically determines that the enactment of this ordinance is necessary to protect the
health, safety and welfare of the residents of Indian River County.
Section 2. Amendment of Part 1 (In General) of Chapter 204 (Solid Waste Disposal)
New language indicated by underline, and deleted language indicated by strikethrough.
Section 204.06 (Definitions) and Section 204.13 of Part 1 (In General) of Chapter 204
(Solid Waste Disposal) of the Code of Indian River County, Florida is hereby amended to
read as follows:
CHAPTER 204. —SOLID WASTE DISPOSAL
PART I. - IN GENERAL
Section 201.06. — Definitions.
For the purposes of this part, the definitions contained in this section 204.06 shall
apply unless otherwise specifically stated. When not inconsistent with the context, words
used in the present tense include the future tense; words in the plural number include the
singular; words in the singular number include the plural; the terms "hereof', "hereby",
"herein", "hereto", "hereunder" and similar terms refer to this part; and the term "hereafter"
means after, and the term "heretofore" means before, the effective date of this part. The
word "shall" is always mandatory and not merely discretionary. Pursuant to F.S. §
ORDINANCE NO. 2022-011
403.7031, all terms in this section 204.06 shall be construed in a manner that is consistent
with the definitions contained in F.S. § 403.703. In the case of any conflict or inconsistency
between the definitions in this part and the definitions contained in F.S. § 403.703, the
statutory definition shall control.
Construction and demolition debris commercial containermeans a commercial container
that is used to store, transport, and dispose construction and demolition debris less than
fifteen (15) GUbiG yaFds in any size capacity; provided, hGweYeF, that no r-,e-Mme-inkal
Section 204.13. — Terms and conditions of franchises.
Except as set forth in section 204.13.1, the specific terms of any franchise
granted by the district to a franchisee shall be set forth in a written franchise agreement
between the franchisee and the district. The terms of the franchise agreement shall be
subject to the district board's review and approval. At a minimum, each franchise
agreement shall be subject to the following conditions and limitations:
(2) Each franchisee shall pay a franchise fee equal to six (6) percent of
the gross revenues collected by the franchisee for: residential
service in the residential franchise area; residential recyclables
service and recyclable toter service in the residential recyclables
franchise area; and commercial service; and oallegen-of
sentainer. The franchise fee shall be accounted for and paid to the
district on a monthly basis. Any payments due to the district and not
received within the time frame set forth in the franchise agreement
shall be subject to the penalties, interest rates, and administrative
charges set forth in the franchise agreement.
Section 3. Codification. It is the intention of the Board of County Commissioners that
the provision of this ordinance shall become and be made part of the Indian River County
Code, and that the sections of this ordinance may be renumbered or re -fettered and the
word ordinance may be changed to section, article or such other appropriate word or
phrase in order to accomplish such intention.
Section 4. Severability. If any part of this ordinance is held to be invalid or
unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall
not be affected by such holding and shall remain in full force and effect.
ORDINANCE NO. 2022 -
Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 6. Effective Date. This ordinance shall become effective on August 1, 2022.
This ordinance was advertised in the Indian River Press Journal on the 152 day of July,
2022, for a public hearing to be held on the 12th day of July, 2022, at which time it was
moved for adoption by Commissioner Flescher, seconded by Commissioner Adams and
adopted by the following vote:
Chairman Peter D. O'Bryan
_AYE
Vice Chairman Joseph H. Earman
AYE
Commissioner Susan Adams
_AYE
Commissioner Joseph E. Flescher
AYE
Commissioner Laura Moss
AYE
The Chairman thereupon declared the ordinance duly passed and adopted this 122h day
of July, 2022.
BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA .��oniMisS�o�✓�`
By:
Peter D. O'Bryan, Chairm doe:
ATTEST: Jeffrey R. Smith, Clerk
an ;C7Zptrioller
By: Al
Deputy Clerk
This Ordinance was filed with the Department of State on the 13th day of July, 2022.
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