City Garbage Ordinance

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CHAPTER 10-1:  GARBAGE AND REFUSE

SECTION 1.  SECTION 10-1 GARBAGE AND REFUSE

            Section 10-1-1 Definitions

            Section 10-1-2 City to provide; use required

            Garbage and Refuse Collection

                        10-1-3             Collection Service Charges

                        10-1-4             Solid Waste Service

                        10-1-5             Initiation or Change of Service

                        10-1-6             Duty of Property Owner; Pre-collection Practices

                        10-1-7             Containers; Placement for Pickup

                        10-1-8             Limits on Garbage

                        10-1-9             Exceptions

  • Yard Trash, Bulky Item
  • Right to Collection Service; Non-payment
  • Unlawful Disposal
  • Use of Private Collectors Prohibited
  • Commercial Franchise

Recyclable Materials

Findings and Intent Recycling Haulers

  • Applicability
  • Permits
  • Permit Application
  • Collection
  • Vehicles
  • Containers
  • Littering
  • Reporting
  • Insurance
  • Inspection
  • Revocation of Permit
  • Double Permit Fee
  • Penalty

SECTION §10-1-1 DEFINITIONS

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.  In those cases wherein a word or words are not defined, its definition shall be found in Black’s Law Dictionary, latest edition, or in the American Heritage College Dictionary, third edition.  The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

BIOMEDICAL WASTE OR BIOHAZARDOUS WASTE means any solid waste or liquid waste which may present a threat of infection to humans. The term includes, but is not limited to, nonliquid human tissue and body parts; laboratory and veterinary waste which contain human-disease-causing agents; discarded disposable sharps; human blood, and human blood products and body fluids; and other materials which in the opinion of the department of health and rehabilitative services represent a significant risk of infection to persons outside the generating facility. The term does not include human remains that are disposed of by persons licensed under F.S. Chapter 470. 

BIOLOGICAL WASTE means solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals.

BULKY WASTE means those items whose large size or weight precludes or complicates their handling by normal collection, processing and disposal methods. 

CITY means the City of Kissimmee, a political subdivision of the State of Florida, Osceola County.

COMMERCIAL DUMPSTER means any front end loading or roll-off container approved which is used to store large volumes of solid waste from commercial establishments and which is emptied by mechanical means. 

COMMERCIAL ESTABLISHMENTS shall mean any public or private place, building, and/or enterprise devoted in whole or in part to a business enterprise whether nonprofit or profit making in nature. Multi-family establishments such as condominiums, town homes, patio houses, apartments and other such facilities used for residential purposes containing five (5) or more residential living units under one roof are commercial establishments. 

COMMERCIAL WASTE means solid waste originating in a commercial establishment. 

CONSTRUCTION AND DEMOLITION DEBRIS means discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris.

CONTAINER means a city issued automated container.

DE MINIMUS SOLID WASTE Non-recoverable materials in excess of 10% by weight or volume, whichever is most restrictive when compared to recovered materials.

DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS or DIRECTOR means the director of the department of public works of the city, or his designee and other persons authorized to enforce the provisions of this article. 

DIVISION means the department of public works, division of sanitation, or its designated agents, licensees, franchisees or contract representatives. 

GARBAGE means all kitchen and table food waste, animal or vegetative waste that is attendant with or results from the storage, preparation, cooking or handling of food materials. 

HAULER Any person collecting or transporting solid waste, construction and demolition debris or recyclable materials within the incorporated areas of the city.

HAZARDOUS WASTE means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. The term does not include human remains that are disposed of by persons licensed under F.S. Ch. 470. 

INITIATION FEE means the charge to a customer when establishing residential or non-residential solid waste collection services with the City.

MIXED WASTE means waste composed of both yard trash and household garbage mixed in the same container when the lesser component comprises 10% or more of the contents by weight or volume.

MULTI-FAMILY ESTABLISHMENTS means condominiums, town homes, patio houses, apartments and other such facilities used for residential purposes containing five (5) or more residential living units under one roof. 

NON-RESIDENTIAL SERVICE means solid waste collection services provided in City containers to small commercial establishments generating office waste. 

PRIMARY CUSTOMER  Non-residential customer responsible for the payment of garbage service for shared commercial dumpsters.

RECOVERED MATERIALS means metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste. 

RECYCLABLE MATERIAL means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. 

RECYCLING means any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. 

REFUSE means all garbage and non-putrescible wastes, which are not hazardous. 

RESIDENTIAL ESTABLISHMENTS means single-family residential units with separate kitchen facilities. 

RESIDENTIAL SERVICE means solid waste, yard trash and bulky waste collection services provided in City containers to single family residential units. 

RESIDENTIAL WASTE means refuse from residential establishments. 

SHARED SERVICE means the service option for commercial customers to jointly use a commercial dumpster or roll off with the property owner or primary customer paying for the garbage service. 

SINGLE-FAMILY RESIDENTIAL UNITS means any single-family, detached, residence with separate kitchen facilities and multi-family establishments such as condominiums, town homes, patio houses, apartments and other such facilities used for residential purposes containing four (4) or less residential living units under roof. 

SOLID WASTE  Sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.  Recovered materials, as defined in § 10-1-23 of this chapter, are not solid waste.

SOURCE SEPARATED Recovered materials which are separated from solid waste where the recovered materials and solid waste are generated.  The term does not require that various types of recovered materials be separated from each other and recognizes de minimus solid waste, in accordance with industry standards and practices, may be included in the recovered materials.

SPECIAL WASTES means solid wastes that can require special handling and management, including, but not limited to, white goods, waste tires, used oil, lead-acid batteries, construction and demolition debris, ash residue, yard trash, and biological wastes. 

WHITE GOODS means inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. 

YARD TRASH  Compostable materials including grass clippings, tree trimmings and other vegetative matter normally associated with yard maintenance.

SECTION §10-1-2 CITY TO PROVIDE; USE REQUIRED

(A)       The city shall provide garbage and trash collection services reasonably adequate and sufficient to take care of the reasonable disposal needs of all properties within the city limits, either by establishing and operating its own garbage and trash collection and disposal facilities or by contracting or subcontracting with a private contractor.

(B)       All residents, occupants or owners of premises in the city are required to have all accumulations of garbage removed and disposed of by such garbage collection services.

SECTION §10-1-3 COLLECTION SERVICE CHARGES

There is hereby adopted the following charges for the collection of garbage and trash:

            (A)   Residential Services

  • Basic residential service, per month, $16.64
  • Additional containers, each, fee per month, $8.32
  • Initiation charge, $50 – with existing containers $20
  • Service charge, $16.64
  • Container deposit, none
  • Mixed waste surcharge fee, per container, per occurrence, $16.64
  • Convenience charge, per container, per occurrence, $7.80
  • Additional bags of household garbage, $2.39 per bag
  • Additional bundles of yard trash, $2.39 per bundle

            (B)    Non-residential Services

  • Basic non-residential service, fee per month, $33.29
  • Economy non-residential service, fee per month, $16.64
  • Additional containers, each, fee per month, $16.64
  • Initiation charge, $50 – with existing containers $20
  • Service charge, non-residential service, $16.64
  • Container deposit, none
  • Shared container charge, each business, per month, franchisee service, $11.81
  • Additional bags of garbage, $2.39 per bag

            (C)     Special Trash/Bulky Item Collection

  • Charge for one cubic yard, $16.02, plus disposal fees where applicable
  • Tires (on rim), each, $10
  • Tires (off rim), each, $5
  • Batteries, each, $5
  • Paint, per gallon, $3
  • Hazardous waste collection, per collection, $25

SECTION §10-1-4 SOLID WASTE SERVICE

(A)       Residential Services

(1)   Basic residential service shall include the city furnishing one specially marked roll-out container for household garbage and one specially marked roll-out container for yard waste. The garbage container shall be collected two times per week.  The yard waste shall be collected one time per week.

(2)  Additional container residential service shall include the city furnishing additional household garbage or additional yard waste containers at extra charge as defined in §10-1-3 (A). Additional containers will be collected on the regular schedule.

(3)  Residential Customers placing household waste in yard waste containers shall receive an additional charge on the customer’s monthly bill as specified in section §10-1-3 Mixed Waste surcharge.

(4)  Hazardous waste collection shall include a special collection to either customers requesting the service; or at the city's discretion for materials left at the curb or found in City containers.  The cost of this service shall be the extra charge as defined in §10-1-3(A).  Additional containers will be collected on the regular schedule.  

(5) Residential customers shall be entitled to collection of all garbage placed in the appropriate City container.  The Sanitation Superintendent or his designee shall have the authority to determine the appropriate number of containers needed at each residence.

(B)     Non-residential Services

(1)     Basic non-residential service shall include the city furnishing one specially marked roll-out container for garbage. The garbage container shall be collected two times per week.

(2)     Economy non-residential service shall include the city furnishing one specially marked roll-out container for garbage. The garbage container shall be collected one time per week.

(3)       Additional container non-residential service shall include the city furnishing yard waste or additional garbage containers as extra charge as defined in §10-1-3 (B).  Additional containers will be collected on the regular schedule.

(C)     Shared service (franchisee). Shared service shall be permitted for nonresidential and residential structures with more than one business or unit, if the owner or primary customer pays for the garbage service.  In order to qualify for this option the owner or primary customer paying for the garbage service shall provide the city and franchisee with documentation demonstrating the owner's or primary customer's financial responsibility for paying for the garbage service for all Lessor or businesses within the structure.

SECTION §10-1-5 INITIATION OR CHANGE OF SERVICE

            (A)     There shall be an initiation charge for the service of an amount defined in §10-1-3.

            (B)     There shall be a charge for each service call involving a delivery and/or pickup of roll-out containers other than for maintenance of the containers. Customers wanting more or fewer containers or a change in the mix of household garbage containers and yard trash containers shall pay a service charge as defined in §10-1-3.

            (C)     The city may charge a refundable deposit for the containers. The amount of the deposit shall be as defined in §10-1-3.

SECTION §10-1-6  DUTY OF PROPERTY OWNER; PRE-COLLECTION PRACTICES

It shall be the responsibility of the property owner to place all waste materials and City containers out in the manner set forth in this section to ensure collection.

(A)       Garbage.  All garbage shall be drained of liquid and shall be bagged in paper or plastic before being placed in any container for collection.   Garbage shall not be filled above the rim of the container or placed on top of closed lid. 

(B)       Yard trash.   Loose yard trash shall be placed inside City container, separate from household garbage.  No bags shall be permitted in yard trash container or placed outside container for collection. Yard trash shall not be filled above the rim of the container.

(C)       Bulky waste.  Bulky waste such as furniture and large tree trimmings shall be placed curbside with a minimum of four feet separating pile from City containers.  Such bulky waste shall not be commingled together and shall be placed separately so as to allow ten feet of clearance from all obstacles, such as power poles, garbage and yard waste containers, guy wires, signs and fire hydrants, to allow for mechanized pickup.

(D)       Hazardous waste.    All household hazardous waste shall be placed curbside, not in City containers or mixed with any other waste materials.  Customers wishing to have the city collect and dispose of hazardous materials shall notify the city of the material to be collected and make arrangements for a special collection.

(E)       Scrap metal and appliances.  Scrap metal and appliances shall be placed at the curb for recycling collection separate from other trash. Freezers, refrigerators, clothes washers, clothes dryers, dishwashers or similar airtight units shall have the doors removed before being placed for collection. All stand-up items shall be laid flat. Scrap metal such as poles, pipes and antennas shall be cut or bent into pieces not longer than six (6) feet.  Appliances shall not be commingled with other bulky waste and shall be placed separately so as to allow ten feet of clearance from all obstacles, such as power poles, garbage and yard waste containers, guy wires, signs and fire hydrants, to allow for mechanized pickup.

(F)       Cardboard boxes.  Cardboard boxes shall be collapsed prior to being placed for collection in City container.  Collapsed boxes shall be placed in containers in a loose manner for ease when emptying container.  Cardboard boxes that are too large for containers shall be collapsed prior to being placed for collection curbside.  

SECTION §10-1-7 PLACEMENT FOR PICKUP; COLLECTION TIMES

  • All garbage and yard trash to be collected shall be placed in the appropriate roll-out container and set curbside on collection days, no sooner than 6pm the day prior to collection. The roll-out containers shall be removed as soon as possible after collection, but no later than 9am of the day following collection. All roll-out containers shall be placed adjacent to but not in the street or within five feet thereof but not in such a way as to block pedestrian traffic.  In order to facilitate the automated collection system, containers shall not be placed within four feet of another container, mailbox or other obstacle, nor shall the container be placed in front of or behind a parked vehicle.

            (B)     The City will offer, as an additional service, the removal of the container from the street right-of-way.  A customer desiring to take advantage of this additional service shall cause the appropriate container to remain on the street later than 9am on the day following the regular collection.  Any container so remaining may be removed by the city or its contractor.  The cost of this additional service shall be a convenience charge to be added to the monthly bill in an amount specified in §10-1-3.

SECTION §10-1-8 LIMITS ON GARBAGE.

            (A)     Residential garbage collection shall be placed in the roll-out container designated for household garbage. Any additional household garbage must be bagged in tied plastic bags and placed at curbside to be collected as garbage at an extra charge as defined in §10-1-3 (A).

            (B)     Only household garbage shall be placed in the roll-out container marked for household garbage. No yard waste, hazardous materials, biomedical waste, construction debris or roofing materials may be placed in the container. If restricted or hazardous materials are placed in the household garbage or yard trash container, those materials may be separated by the route driver and billed as defined in §10-1-3 (A), or, at the discretion of the city, they may not be collected and subject to violation notice as described in Section (D) below.

            (C)     It shall be unlawful to dispose of hazardous materials in the roll-out containers. The introduction of such materials shall constitute a violation of the city code.  Violations may be prosecuted under provisions of county, state and federal law in addition to being enforceable through the Code Enforcement Board and subject to a penalty as defined in the city code.

            (D)       Customers wishing to have the city collect and dispose of hazardous materials shall notify the city of the material to be collected and make arrangements for a special collection.

            (E)       Commercial, industrial and institutional customers shall not mix or commingle in a recyclable container, recyclable materials with solid waste, hazardous or biomedical waste or construction debris.

SECTION §10-1- 9 EXCEPTIONS.

            (A)     In cases where all occupants of the house are handicapped and cannot set refuse containers at curbside, it can be picked up at the back door if a doctor's certificate is filed with the Office of the Sanitation Department stating that the occupants are unable to deliver garbage to curbside. The doctor’s certification must be provided to the Department annually on January 1 each year.

            (B)     Back door service may be had upon written request to the sanitation department and the charge will be as set forth above.

            (C)     All cost for collection as set forth above shall be based upon a single-family dwelling unit or its equivalent.

            (D)     The Sanitation Superintendent shall have the authority to deny all collection services under this article to persons or places not complying with this article. Any person aggrieved by any decision of the director shall have the right to appeal the decision to the Public Works Director.  Nothing in this article shall prevent the city from taking any other lawful action as is necessary to prevent or remedy any such violation.

SECTION §10-1-10 YARD TRASH; BULKY ITEM.

            (A)     Yard trash shall be placed in the roll-out container marked for yard trash and placed adjacent to the street on the scheduled collection day of the week. Materials other than yard trash shall not be placed in the roll-out container marked for “yard trash”. Bags are not permitted in the yard trash roll-out container. The introduction of other materials into the yard trash container shall cause the container not to be collected, or to be billed the appropriate extra charge, as defined in §10-1-3.

            (B)     Each customer with a “yard trash only” container will be entitled to the removal of additional yard trash in excess of that which will fit in the container two times a year at no extra charge. In order for a customer to take advantage of the one of the free yard trash pickups, the customer shall make the request to the sanitation division by calling in for the free pickup, otherwise the service shall be billed as defined in division (D) below.  The yard trash shall be placed adjacent to the street.  All yard trash must be placed in a an approved yard trash container cut in four foot lengths and tied in bundles not to exceed 60 pounds. Yard trash not meeting the size and weight limits shall be considered as special trash collection and subject to extra charge as defined in Section (D) of this section. Fifty-five gallon drums shall not be used.

            (C)       Additional “yard trash only” containers may be supplied upon request of the customer at an extra charge, as defined in §10-1-3  A customer shall be permitted  to  have as  many  additional  containers  as requested, provided that no commercially-generated yard waste is placed in residential containers.

            (D)       Any yard trash or refuse that cannot be placed in a container as described above will be picked up as bulky waste for an extra charge, as defined in §10-1-3. Trash placed curbside shall be deemed placed for the city's special trash collection service and will be collected at the prevailing charges whether or not service was requested.  Extra items placed curbside in such a manner may be billed to the customer in an incremental manner where the items meet the criteria defined elsewhere; billing to be at a rate of 10% of the cubic yard rate (this assumes ten per cubic yard).  However, loose leaves, grass clippings or other refuse which could be, containerized, bundled or tied shall not be collected from curbside as trash but shall be considered as litter and a violation of §9-3-15 through §9-3-22 of this code and fall under the penalty provisions of §9-3-99 and §12-1-1 of this code.

            (E)       Waste materials caused by construction or repairs of buildings will not be removed by the city and it shall be the responsibility of the contractor or owner to remove same. Small quantities of construction-type debris which was generated by a homeowner's do-it-yourself project may be picked up as special bulky item collection when, in the opinion of the Sanitation Superintendent, the debris was not contractor generated.  If it becomes necessary for health and welfare purposes for the city to remove same, there will be a charge for such services and the charge shall be assessed to the owner of the property as the city's actual cost for such collection including all overhead and administrative costs plus a penalty of 50% of those costs. If the owner fails to pay this bill within 30 days of mailing such bill, the assessment shall constitute a lien as any special assessment on the property and shall bear the maximum interest rate as permitted by law. In the event such lien is not paid, the city may enforce and collect such lien as the collection and enforcement of any special improvement lien as provided by the Charter or the laws of Florida.

(F)       Tree trimming caused by contractors engaged in the landscaping or tree cutting business shall be responsible for disposing of the debris from their operations. No materials from such operations shall be placed in any residential yard waste containers or set out for curbside pickup by the division.

(G)       Persons engaged in clearing land in preparation for construction or clearing and/or cleaning a vacant lot shall be responsible for disposing of the debris from such land clearing and/or cleaning.  No materials from such operations shall be placed in any residential or commercial refuse container or set out for curbside pickup by the division.

(H)       Small quantities of tree debris generated by homeowner may be picked up as special bulky item collection when, in the opinion of the Sanitation Superintendent, the debris was not contractor generated.

(I)         The City shall limit bulky waste collection to a maximum of 12 cubic yards per customer.  Customers with bulky waste that exceeds 12 cubic yards shall make arrangements for the disposal of the bulky waste through use of City franchised contractor or self-haul.

SECTION §10-1-11 RIGHT TO COLLECTION SERVICE; NONPAYMENT.

            (A)     Garbage fees shall be assessed in accordance with §10-1-3 by the city for each occupied residential unit. The existence of an active KUA account shall be evidence of residential occupancy.

            (B)     Each commercial, industrial, multifamily or institutional unit shall have garbage service, either by the city or a city-approved franchise or contractor to the city as a specific condition of their occupational license. Payment of the fee established in §10-1-3 shall entitle the premises to garbage and trash collection and disposal service for the payment period.  Failure to pay the required fees within 30 days shall subject the commercial, industrial, multi-family or institutional unit to revocation of their occupational license and at the option of the city may constitute a lien against the property for any unpaid fees and costs incurred by the city in the collection of said fees, and shall bear the maximum interest rate as permitted by law. In the event said lien is not paid, the city may enforce and collect said lien as the collection and enforcement of any special improvement liens as provided in the Charter or of the Laws of Florida.

            (C)     The collection of solid waste shall be considered as a “utility” with all the rights and privileges as any other utility operated by the city. Nonpayment of the solid waste collection fees as described in this chapter shall constitute nonpayment of a utility account and subject the delinquent customer to discontinuance of all utility services.

            (D)       Commercial, industrial, multi-family or institutional units wishing to change service from or to franchisee service or city service shall give a minimum of 30 days notice of the desired change.

            (E)     Commercial, industrial or institutional customers shall be entitled to collection of all garbage placed in the appropriate City container or commercial dumpster.  The Sanitation Superintendent or his designee shall determine the appropriate number of containers or type of service needed at each commercial, industrial or institutional structure.

(F)       If it becomes necessary for health and welfare purposes for the city to remove same, there will be a charge for such services and the charge shall be assessed to the owner of the property as the city's actual cost for such collection including all overhead and administrative costs plus a penalty of 50% of those costs. If the owner fails to pay this bill within 30 days of mailing such bill, the assessment shall constitute a lien as any special assessment on the property and shall bear the maximum interest rate as permitted by law. In the event such lien is not paid, the city may enforce and collect such lien as the collection and enforcement of any special improvement lien as provided by the Charter or the laws of Florida.

SECTION §10-1-12  UNLAWFUL DISPOSAL.

            (A)       No person shall deposit or bury in, or cause to be deposited on or buried in any land, park, street, alley, vacant or unoccupied lot, or on the water of Lake Tohopekaliga, or any ditch, any garbage or trash; nor burn within the city any such trash, except leaves, limbs and weeds, without special permission from the City Manager, or place or keep such garbage or trash anywhere within the city in any vessel or receptacle other than as provided

            (B)       It shall be unlawful for any person inside or outside the city limits, not paying a monthly service charge to place or put any garbage or trash in any City container or commercial dumpster where some other person pays a monthly service charge for the use of the City container or commercial dumpster except as provided for in §10-1-4.

SECTION §10-1-13 USE OF PRIVATE COLLECTORS PROHIBITED.

     Business, commercial, industrial, institutional, single-family residents and multiple-family residents shall not have the option to engage a private collector unless otherwise provided by franchise or contract of the city.

SECTION §10-1-14  COMMERCIAL FRANCHISE

            (A)       The City is authorized to award franchises to private commercial collectors, who qualify to do business within the city, the right and privilege to contract for and collect refuse, garbage, trash and other solid waste materials from commercial establishments within the city, subject to the limitations and conditions as are contained within the franchise agreement.

            (B)       The franchise agreement shall provide the terms and conditions under which the franchisee shall operate.  Said franchise agreement shall contain appropriate standards and requirements designed to protect and ensure the public health, safety and welfare.

            (C)       All commercial establishments as defined herein shall contract for solid waste collection with the City’s authorized commercial franchisee.

            (D)       All refuse accumulated in the city by commercial establishments shall be collected, conveyed and disposed of by the City’s franchisee.

                (E)       No private commercial collector shall engage in collection of solid waste and construction and demolition debris within the City without a franchise to do so.  

            (F)       Private commercial collectors engaged in the collection of solid waste and construction and demolition debris within the City without a franchise to do so, may be issued a notice of code violation, their commercial containers impounded and an impound fee issued.

               (G)       All contractors performing construction and demolition services may self haul construction and demolition debris only when the debris is generated from the job site at which the contractor is authorized to do business and only in collection vehicles with dump bodies that are not removed from the cab/chassis of the truck.  Roll off containers set on the ground must be provided by the City’s franchisee. 

 

 SECTION §10-1-21  FINDINGS AND INTENT RECYCLING HAULERS

            (A)       The State of Florida, pursuant to Part IV of Chapter 403, Florida Statutes, requires cities and counties to develop and implement programs to return valuable materials to productive use, to conserve energy and natural resources, and to protect capacity at solid waste management facilities.

            (B)       The establishment of a commercial recycling program in Kissimmee is required to meet the goals established by the State of Florida and to protect the health, safety, and welfare of the citizens of Kissimmee.

            (C)       The production and volume of recyclable materials generated by commercial users vary from one property to another. Commercial users varying needs and benefits cannot be made the subject of special assessments by and through municipal service taxing units and require a determination of charges for collection different from residential users.  Commercial users may deliver recyclable materials for recycling or through an agreement with persons approved by the city.

            (D)       A hauler ordinance is required to prevent pollution and ensure that road right of ways and properties will not be littered with recovered materials blowing from trucks, ensure sanitary conditions of trucks and containers, and the safe operation of trucks within the city.

            (E)       A hauler ordinance is necessary to collect data to meet requirements of F.S. §403.706, requiring cities and counties to submit an annual report concerning recycling activities, including the amount and type of materials separated from the solid waste stream for recycling.

            (F)       A hauler ordinance is necessary to prevent illegal dumping, facilitate enforcement, and is  authorized   by   F.S.  §403.7046  to  protect  the public's general health, safety, and welfare.

SECTION §10-1-22  APPLICABILITY.

     This division shall be applicable within the incorporated area of the City of Kissimmee.

SECTION §10-1-23 PERMITS.

            (A)       No person may pick up and transport recovered materials including recyclable construction and demolition debris and scrap metal within the incorporated areas of the city without a permit.  However, the following persons upon registration with the city may collect or transport recovered materials without a permit:

                        (1)       Persons collecting and transporting recovered materials generated by them or their business;

                        (2)       Non-profit groups, homeowners organizations, and service clubs.

            (B)       Permits shall be valid for a period of one year and from October 1 through September 30 and must be renewed annually.

            (C)       The city may place reasonable conditions on any permit to ensure compliance with the provisions of this division.

SECTION §10-1-24 PERMIT APPLICATION.

     Haulers applying for a permit shall meet the following criteria and submit the following information:

            (A)       A detailed description of equipment used to store and transport recovered materials including type of equipment, brand name, model number, and date the equipment was purchased.  The City will issue an authorization sticker for each vehicle authorized to collect recyclables in the City.

            (B)       Proof of commercial driver's license (CDL) for all employees driving vehicles.

            (C)       Proof of compliance with the requirements of Florida Statutes concerning commercial driver's licenses (CDL), workers compensation, and insurance requirements including a valid certificate of insurance for each vehicle required as in F.S.§403.7046.

            (D)       List of all ultimate disposal facilities or processing facilities including address, owner information, and copies of all valid permits for such facilities.  In addition, certification that the recovered materials will be processed at a recovered materials processing facility satisfying all of the requirements of F.S. Chapter 403 will be provided.

            (E)       Proof of insurance as required in §10-1-31 of this division.

            (F)       A permit application and processing fee of $100.

            (G)       If the permit is not approved or denied within 30 days of receipt by the city, then the permit is deemed approved.  A denial of a permit may be appealed to the circuit court within 30 days of the date of denial.

SECTION §10-1-25 COLLECTION.

            (A)       The hauler shall not collect recyclable materials from commercial collection points prior to 6:00 a.m. or after 7:00 p.m.  All recovered materials spilled or scattered by the hauler shall be immediately retrieved and collected by the hauler.  Materials spilled or scattered from overloading of containers shall be retrieved and collected by the customer.

            (B)       The hauler shall ensure that prior to the installation of a container for the purpose of recycling, the owner of the business has complied with the Land Development Code requirement that there be screening around the container location.  In order to make this determination a site plan shall be submitted indicating the location of the solid waste container and the recovered materials container.  The site plan shall be sufficiently detailed to ensure that the addition of a recovered materials container shall not:

                        (1)     Reduce the number of parking spaces below that which is required by the zoning ordinance;

                        (2)       Reduce the area of open space or beautification below that which is required by the zoning ordinance; or

                        (3)       Block any fire lanes as required by the Fire Code.

                        (4)       Reduce the commercial dumpster location for solid waste.  

            (C)       The site plan for additional containers shall be submitted for approval to the Developmental Services Department which shall review the plan for conformance to the zoning ordinance.  The City Manager or his designee shall have the authority to waive minor inconsistencies in order to achieve continuity in the case of developments constructed prior to certain zoning requirements.

            (D)       Commercial, industrial, and institutional customers shall not mix or commingle in recyclable container, recyclable materials with solid waste (except for de minimus solid waste); hazardous, biomedical waste or construction debris.

SECTION §10-1-26 VEHICLES.

Vehicles used to collect or transport recovered materials shall be clean and the exterior of the vehicle shall be washed weekly, including areas inside the vehicle carrying recovered materials or payload area and sanitized with a disinfectant and deodorant.  Waste water resulting from washing collection vehicles shall meet all applicable local, state, and federal treatment and discharge standards.  Each vehicle shall clearly have visible the name and phone number of the hauler and vehicle number not less than three inches in height on each side and display the City issued authorization sticker at all times.

SECTION §10-1-27  CONTAINERS.

            (A)       The size and frequency of service and containers shall be sufficient to ensure storage and disposal of all recovered materials generated during the service period.

            (B)       Containers shall be maintained free of rust holes, broken hinges, broken door fasteners or broken wheels and shall have solid bottoms with at least one drain hole with a removable plug for purposes of cleaning.

            C)        All containers shall be kept painted at all times and shall be repainted a minimum of every three years except for aluminum, stainless steel, or other containers which do not readily accept paint.

            (D)       Container lids shall remain closed and containers shall not be overfilled.  In the event containers are overfilled and cannot be safely dumped, the hauler will notify the customer and reschedule service.

            (E)       Customers shall remove debris from the area in and around the container and shall keep the container closed except during loading and unloading.

            (F)       Customers shall place the container in a location accessible to collection vehicles.

            (G)       All containers, except for industrial roll off containers shall be screened by a solid block wall and oblique metal gates or doors.

            (H)       Industrial roll off containers may contain construction debris and de minimus solid waste and shall be disposed at a licensed authorized recyclable facility, which has been in operation for a period of one year.

SECTION §10-1-28 LITTERING.

 Hauler's vehicles shall not be overloaded or release litter in  violation of the  F.S. §403.413, "Florida Litter Law".  If recovered materials or other litter is released or falls from a hauler's vehicle for any reason, the hauler shall immediately stop the vehicle and retrieve the litter.

SECTION §10-1-29 REPORTS.

Reports shall be submitted to the city on each quarter of the year following the month of service in order for the city to determine the success of the recycling effort.  Reports are due the City on January 1, April 1, July 1, and October 1 each year.  In addition, all information shall be supplied in order to comply with the provisions of F.S. Chapter 403, Part IV, and any and all other applicable statutes, rules, regulations, ordinances, and inter-local governmental agreements.  All reports shall be submitted in a form, either hard copy, computer disk (compatible with the city's computer system) or otherwise satisfactory to the city.

            (B)       Reports shall include:

                        (1)       The names of any business from whom the hauler collects recyclables.

                        (2)       The amount (by weight) and type of recyclables collected.

                        (3)       The name of the recycling facility where material is delivered.

                        (4)       The amount of solid waste not recycled and disposed of in a landfill

                        (5)       The name of the disposal facility where material is delivered.

                        (6)       If recycling is accomplished through a third party, the name of the third party and the above information for that party.

SECTION §10-1-30 INSURANCE.

            (A)       The hauler shall obtain and maintain throughout the term of the permit not less than the insurance coverage set forth below. All insurance policies shall be carried with a company or companies having a best rating of A or greater with a financial size category of 5 or better and which are authorized to transact business in the State of Florida.

                        (1)       Worker's Compensation.  The insurance policy shall fulfill all the requirements of the Worker's Compensation Act of Florida, including all legal requirements for occupational diseases.

                        (2)     Comprehensive General Liability.  The hauler shall maintain comprehensive general liability insurance insuring the city and the hauler with regard to all damages in the minimum amounts of:

                                    (a)       $2,000,000 for bodily injury or death to any one person, and the sum of $3,500,000 for bodily injury or death from any one accident, and

                                    (b)       $2,000,000 for property damage resulting from any one accident.

            (B)     The city shall be named as an additional insured for comprehensive general liability, and coverage shall be provided for all owned, leased and hired vehicles used in connection with providing recycling collection services.

SECTION §10-1-31  INSPECTION.

City inspectors shall be authorized to conduct compliance inspections of any vehicle or equipment used to store and transport recovered materials and any recovered materials processing facility at any time during normal hours of operation without prior notice.

SECTION §10-1-32  REVOCATION OF PERMIT.

            (A)     A permit may be temporarily or permanently revoked by the city if the permittee fails to comply with the requirements of this division or specific permit conditions, or repeatedly and consistently violates any laws, ordinances, rules or regulations of the state or any local government.

            (B)     Prior to revocation, a permittee shall have reasonable notice of the charges and an opportunity to be heard by an impartial party.

SECTION §10-1-33  DOUBLE PERMIT FEE.

Any person or hauler who provides any type of solid waste, recyclable, or construction debris without obtaining a permit as required in §10-1-24 shall pay a permit fee, twice the scheduled amount for the additional administrative time to document the illegal activity.

SECTION §10-1-99  PENALTY.

Any person, including officers or any corporation violating the provisions of this chapter shall be subject to prosecution and if convicted, such violation shall be punishable as provided by §1-1-99 of this code.