Ord No 10-17-2280ORDINANCE NO. 10-17-2280
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 11,
Sections 11-4 and 11-22 to add and amend definitions and to revise the
requirements for trash collection.
WHEREAS, section 11-4 requires additional definitions to make the Chapter clearer; and
WHEREAS, section 11-22 is confusing and it needs clarification as well as tighter regulation
as to what can be placed at curbside and how long trash can remain at curbside; and
WHEREAS, the City desires to amend Chapter 11, Sections 11-4 and 11-22 of the City's
Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA:
Section 1. Chapter 11, Sections 11-4 of the City of South Miami, Florida, Code of
Ordinances is hereby amended and shall read as follows:
Sec. 11-4
Definitions
Automated domestic garbage container shall mean the container designed for the
automated collection system and supplied by the ~Eity.
Biomedical/biohezerdotls waste shall meanmeans any solid waste or liquid waste
wR-itA-that may present a threat of infection to humans. The term includes, but is not
limited to, non Iiquidnonliquid human tissue and body parts; laboratory and veterinary
waste whfe.R.that contains human-disease-causing agents; ~discarded disposable sharps;
human blood and human blood products and body fluids; and other materials ~that in
the opinion of the departmentDepartment of health and rehabilitation servicesHealth
represent a significant risk of infectionsinfection to persons outside the generating facility.
The term does not include human remains that are disposed of by persons licensed under
Chapter 497 F.S.
Biological waste shall meanmeans solid waste that causes or has the capability of causing
disease or infection and includes, but is not limited to, biohazardsbiomedical waste,
diseased or dead animals, and other wa&tewastes capable of transmitting pathogens to
humans or animals. The term does not include human remains that are disposed of by
persons licensed under Chapter 497 F.S.
Page 1 of9
Ord. No. 10-17-2280
Gfty shall mean the City of South Miami, Florida.
Bulk Trash shall mean all large item domestic trash excluding (i) domestic recyclable
materials that should be placed in a recycling container or (ii) domestic garbage that must
be placed in a garbage container. In no event shall recyclable material that is required to
be containerized, or any domestic garbage, be considered Bulk Trash.
Commercial establishments shall mean any structure used or constructed for use for
business operations. For purposes of this chapter, hotels and motels are commercial
establishments. The term "commercial establishment" shall not include any residential
units or multifamily residential establishments.
Commercial residential properties, for the purpose of this Section, shall mean any property
that has four or more residential units that are attached to one another, such as four
townhouses, whether owned individually by different person or whether they are all
owned by the same person.
Commercial solid waste shall mean every waste accumulation, including but not limited to,
Elti5t;--paper, paper cartons, cardboard cartons, excelsior, rags, garbage, plastics, metal
containers, bulky waste and other waste which is usually attendant to the operations of
commercial businesses or multifamily residences.
Construction and demolition debris shall mean and include all waste requiring collection
and disposal, including but not limited to materials which are recyclable, from any
construction or renovation site located within the ~€ity.
Container or dumpster, shall mean and include any detachable container designed or
intended to be mechanically dumped into a loader/packer type of garbage truck.
Customer shall mean a person who uses tRe-~solid waste or recycling services of a private
hauler.
Dangerous Trash shall mean any item that may cause damage to collection equipment or
personal injury to the collectors or persons on the street, or which may leave behind any
hazardous parts, liquid, or fragments after collection, or which requires special handling,
management and disposal. Dangerous trash includes, but is not limited to, biological waste, .
hazardous waste, infectious waste, insecticides, herbicides, fungicides, paint, solvents,
propane canisters, radioactive materials, asbestos, motor or machine oil or grease, lead-
acid batteries, fluorescent lights (which contain mercury), and pressurized or flammable
gasses or liquids.
Director shall meansmean the director Director of public works. the Public Works
Department.
Page 2 of9
Ord. No. 10-17-2280
Domestic Garbage (or "Garbage") shall mean food-derived refuse from non-commercial
residential properties or any related material that decays and produces unsanitary or
noxious conditions.
Franchisee shall mean the named person who obtains a franchise from the ~eity pursuant
to this chapterChapter.
GarBage shall mean every refblse accblmbllation of animat frblit, vegetable, or organic
matter that attends the preparation, blse, cooking and detailing in, or storage of, meats,
fish, fowl, frblit, or vegetables, and decay, pbltrefaction and the generation of nQ)(iobls of
offensive gases or odors, or which, dblring or after decay, may serve as breeding or feeding
material for flies or other germ carrying insects.
Garbage can or garbage container shall mean a container made of galvanized metat
durable plastic o~r other suitable material of a capacity of ninety-six (96) gallon approved
for use by the city managerCity Manager or his designee. Such container shall have two (2)
handles blPon the sides thereof, or a bail by which dirt may be lifted, and shall have a tight
fitting solid top that contains odors and keeps out rain.
Gross receipt shall mean the entire amount of fees billed by a franchisee, exclusive of state
sales taxes provided by law from any person within the ~eity for garbage, hazardous,
industrial, biomedicat biological, commercial, multifamily residential establishment solid
waste; specialized solid waste including construction and demolition, debris, trash, Hfte.f:
litter refuse, and/or rubbish collection, removal and disposal.
Hazardous waste shall mean 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 Chapter 497 F.S.
!R 9b15 tria! waste shall mean any and all debris and waste prodblcts generated by
manblfactblring, food processing (m(cept restablrantsL land clearing, any commercial
shrblbbery or tree cbltting, bblilding constrblction or alteration (e)(cept do it YOblrself home
prO:iects) and pblblic works type constrblction prO:iects 'Nhether performed by a government
blnit OF by contract.
!RjeGtiebls wf1Ste shall mean those wastes 'Nhich may cablse disease or may reasonably be
sblspected of harboring pathogenic organisms. Inclblded are wastes resbllting from the
operation of medical clinics, hospitals, and other facilities prodblcing 'Nastes which may
consist of, bblt are not limited to, diseased hblman and animal parts, contaminated
Page 3 of9
Ord. No. 10-17-2280
bandages, pathological specimens, hypodermic needles, contaminated clothing, and
surgical gloves.
Leese re{bI5e shall mean any refuse, either garbage or trash stored in and collected from
any type of container other than a mechanical container or garbage can. Refuse which is
collected from the ground is considered loose refuse.
MecRaRfca! ceRtaiRer shall mean and include any detachable metal container designed or
intended to be mechanically dumped into a loader/packer type of garbage truck used by
the franchisee.
MtiltijaFRi.'y rC5i6feRtffa! C5taBhisRFReRt shall mean any structure other than a residential unit
which is used, or constructed for use, as a multiple dwelling facility. Multifamily residential
establishments shall include, without limitation, rooming house, tourist court, trailer park,
apartment building with rental or condominium apartments, or mUltiple story
condominiums with common means of ingress and egress.
Performance bond shall mean the form of security approved by the ~Eity and furnished by
the franchisee as required as a guarantee that the franchisee will execute the work in
accordance with the terms of this chapter and will pay all lawful claims, and shall include all
fee(s) due to the ~Eity under the franchise agreement(s),
Permit per account fee shall mean the annual charge assessed by the ~Eity to nonexclusive
franchises for each account with whom they contract for the provision of services.
PerseR shall mean any natural person, individual, public or private corporation, firm,
partnership, association, joint venture municipality, or any combination of such, jointly or
severally.
Private seUd V'JfJste Ral:J!er (ce.'Jecter); (3"' ... ·Jate Ral:J!er; Ral:J!er shall mean any person, entity,
corporation or partnership that removes, collects and transports for disposal for hire an'l
solid waste within the incorporated area of the city.
Recyclable materials shall mean those materials which are capable of being recycled and
which would otherwise be processed or disposed of as solid waste.
Re{bI5e shall mean both rubbish and garbage or a combination or mi)(ture of rubbish and
garbage, including paper, glass, metal and other discarded matter, e)(cluding recyclable
materials.
Re{l:Jse ceRtaiRers shall mean garbage can, garbage container, automated domestic
garbage container, domestic trash container and commercial refuse container.
Rejl:Jse regl:J!aueRs shall herein refer to regulations prescribed by the city together with
such administrative rules, regulations and procedures as may be established under or
pursuant to this chapter.
Page 4 of9
Ord. No. 10-17-2280
Residential unit shall mean any single-family residence.,.-including any multifamily
residential structure ofthree units or less.
Solid waste shall mean means garbage, #ttefrubbish, refuse, yard trash, clean debris, white
goods, special 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, refuse, or other discarded material, induding solid, liquid, semisolid, or
contained gaseous material resulting from domestic, industrial, commercial, mining,
agricultural, or governmental operations. Recovered materials-:-are not solid waste.
Solid waste disposal shall mean the disposition of solid waste by means of combustion,
land filling or other final method of discard as approved under federal and state law.
Special waste shall meanmeans solid wastes that can require special handling and
management, including, but not limited to, radioactive materials, asbestos, whole tires,
YSe9white goods, waste tires, used oil, lead-acid batteries, mercury lights and biological
wastes, hazardous waste, construction and demolition debris, industrial waste, including
solid or contained gaseous material resulting from domestic, industrial, commercial,
mining, agricultural or governmental operations ash residue, paint, and biological wastes.
Temporary rolloff/container fee shall mean the one:time charge paid, per account, to the
~€ity for each large container and/or rolloff utilized by franchisees to provide contracted
removal and disposal of construction or demolition debris from commercial construction
and demolition, renovation and other similar accounts.
Vegetative Trash shall mean trash from non-commercial residential properties that cannot
be containerized or placed in a bag. Vegetative Trash does not include recyclable material
that should be placed in a recycling container nor is it domestic garbage.
White goods includes discarded air conditioners, heaters, refrigerators, ranges, microwave
ovens, water heaters, freezers, and other similar domestic and commercial large appliances
and other goods designated as such by the City Manager or Public Works Director. White
goods shall not include construction materials.
Section 2. Chapter 11, Sections 11-22 of the City of South Miami, Florida, Code of
Ordinances are hereby amended and shall read as follows:
Sec. 11-22. -Extent of service and points of collection.
(a) Domestic garbage. Garbage containers are hereby required to Domestic garbage
containers must be placed at curbside,the front property line or curb and facing the street,
at least five (5) feet from parked cars, poles, fire hydrants, mailboxesL or other obstaciesL or
at Llocation designated by city managerthe City Manager or public works director.
GarbagePublic Works Director. City-provided garbage containers are hereby required
Page 50f9
Ord. No. 10-17-2280
temay be placed at the collection point as early as 7:00 p.m. the night before the pick-up
and not later than 7:00 a.m. the day of pick-up. Such containers shall be removed from
public view within twenty-four (24) hours after the scheduled collection day. Containers
may not be placed at locations other than stated above. Those without the written
approval of the City Manager. Other containers and containers placed at other locations
not approved will not be picked up. Containers in approved location~ will be emptied twice
each week.
(a 1) f.r:RergeRCY ceREiitioRS. \A'henever strike, natblral calamity, or other emergency
(b ) Vegetative Trash. Vegetative Trash shall OCCblr, the city manager may invoke the fallowing
emergency cenditions for a period of thirty (30) days by 'Nritten notice mailed to all
domestic garbage cblstomers:
(a 2) DeR'lestic garBage. Garbage containers are hereby reqblired to be be placed at least
five (5) feet from parked cars, poles, fire hydrants, mailboxes, or other obstacles and at
the front property line or front curb on the day of schedblled for collection. Sblch
containers shall be removed from pblblic vie'l.' 'l/ithin twenty fOblr (24) hOblrs after the
schedblled collection day. Containers may be placed at locations other than stated above
'.\,ith the approval of the city manager. Those containers and locations not approved will
not be picked blP. Containers in approved locations will be emptied at least twice each
~
Sblch emergency conditions may be extended thereafter only with approval of a majority
of the city cOblncil by resolbltion dblly passed.
(b) DeR'lestic trBsf:l. Domestic trash in containers and bblndled domestic trash shall be
placed at the curb for collection not more then twenty four (24) hours prior to be the
scheduled pickup day and removed from the cblrb within twenty faur (24) hours after
pickup. In no case shall the bundled trash weigh more than fifty (50) pOblnds, or be longer
than four (4) feet in length. The amount of domestic trashor at locations designated by the
City Manager or Public Works Director. Vegetative Trash shall not be placed for pickup
more than seven (7) days prior to the scheduled pickup day. The amount of Vegetative
Trash picked up without additional fee shall not exceed the equivalent in volume of two (2)
thirty gallon containers12.5 cubic yards for each collection. The collection procedure for
domestic trash as described herein may change due to emergencies and circumstances
beyond the control of the city. In sblch sitblations the collection of domestic garbage shall
be given priority. Grass, hedge clippings, leaves, branches and vines are not reqblired to be
bundled as domestic trash and may be placed at the curb a maximum of seven (7) days
before the scheduled pickblp day. This bblndled domestic trash and unbundled grass, hedge
clippings, leaves, branches and vines may be placed in automated domestic garbage
container defined in subsection 11 19(a).
(c) Otf:ler EieR'lestic tr·615f:1. Domestic trash that cannet be containerized er bundled
Bulk Trash. Bulk Trash shall be neatly stacked or placed at the cblrb in frontfront of the
property or at the front curb of the owner's property for special mechanized collection at
the convenience of the city. Domestic trash City. Bulk Trash exceeding the maximum
allowable volume may be picked up at an €*tfaadditional cost to the owner of the premises
as set forth in section 11-23 of this chapter. Pick up services for the city's public \\'orks
Page 6 of9
Ord. No. 10-17-2280
departmentChapter. Bulk Trash shall not be placed for pickup more than twenty-four (24)
hours prior to the scheduled pickup day and shall not include domestic recyclable materials
that are supposed to be placed in a City-provided recycling container or other Domestic
Garbage that is required to be put into a trash container. In no event shall domestic
garbage be considered Bulk Trash.
(d) The City's Public Works Department shall provide special blilk trash [pick lip]. Special
blilk trash shall be defined as refrigerator, stove, air conditioner, washer, dryer,
microwaves, .water heater, paint cans, and other goods designated by the city manager or
pllblic works director.Domestic Bulk Trash and White Goods pick-up services. Property
owners and residents shall contact the pllblic works departmentPublic Works Department
to arrange for special pick-up services before placing special blilk trashSpecial Domestic
Bulk Trash or White Goods at curbside. Special Domestic Bulk Trash or White Goods shall
not include construction materials. Special Domestic Bulk Trash or White Goods shall not
be placed for pickup more than twenty-four (24) hours prior to the scheduled pickup day.
(d)
(1) Property owners or residents of property may have two (2)three (3) options for
the disposal of special blilk trash: Special Domestic Bulk Trash:
a. Special blilk trash White goods can be picked up by the atyCity at an
extra cost to the owner or resident of the property as set forth in section
11-23 of this ~€hapter-:-; or
b. Property owners can use the services of a private contractor for the
disposal of such items. However, property owners or residents of the
property shall notify the pllblic works departmentPublic Works
Department of the option selected for aR4-pick up; or
c. The property owner or a resident of the pllblic works department shall
specif'!property may personally dispose of the date to placewhite goods
if Miami-Dade County provides a facility where such trash Ollt for private
contractors to pick lip. may be taken by such property owner or
resident.
igLCommercial refl:Jse .. waste. Commercial fefu5ewaste containers shall be placed at a
point designated by the city manager.City Manager. Collection of commercial refllsewaste
shall be as many times weeld'! as designated by the city managerCity Manager as to both
the size of container and as to the frequency of pickup. It shall be a violation of this chapter
for any tenant or owner to permit the accumulation of refuse upon any premises for a
period of longer than twenty-four (4) da,!s(24) hours without having arranged for disposal
by a qualified person licensed by the City to perform such service. The city may, at its
convenience, require any commercial business or industrial establishment to make private
arrangements for the collection and disposal of commercial refllse.
(fHe) Refl:J5e Solid Waste not collected by the ~City. The atyCity will not under any
cirClimstances collect and dispose of biomedical waste, biological waste, commercial solid
waste, construction and domestic bllilding materials as defined, commercialdemolition
Page 7 of9
Ord. No. 10-17-2280
debris, dangerous trash as a result of , Hazardous waste, special waste, trash from lot
clearing, spent oil or greases accumulated at garages, filling stations or similar
establishments, or automotive tires and others items that may cause damage to collection
equipment or personal injury to the collectors. Improper disposal of such items may result
in fines.
(gut) The City Manager will post the M.!J.oliday garbage collection schedule.;.
Monday holiday: Monday's route will be picked up Tuesday, Tuesday route 'Nill be collected
'ft!ednesday with Thursday ~rida'i normal schedule.
Tuesday holida'/: Monday's route no change. Tuesday's route ..... ill be collected.
Vlednesday with Thursday ~riday normal schedule.
Thursday holiday: Monday Tuesday normal schedule. Thursday's route will be picked up
\ft!ednesday with no change shall be place on the City website in January for ~each
year.
~riday holiday: Monday Tuesday normal schedule. Thursday route will be picked up
Vlednesday, and ~riday's route will be collected Thursda'/.
IblJgtPenalty for removal. It shall be a violation of this ~€hapter for any person, firm or
corporation L not authorized by the city managerCity Manager, to collect or dispose of any
newspaper or other recyclable item or container which has been specifically placed for
collection in the recycling program as provided by this ~section. It is not the intent of this
~section to prohibit any nonprofit organization from soliciting newspapers, cans, or bottles
for the purpose of resource recovery and recycling.
(i) It shall be unlawful for anyone to place domestic garbage anywhere other than inside a
designated garbage container. It shall be the obligation of every property owner to remove
domestic garbage that is placed on, with or in the general vicinity of any Bulk Trash,
Vegetative Trash, or White goods that has been deposited on their property. It shall be a
violation of this section to allow domestic garbage to remain on, with or in the general
vicinity of any Bulk Trash, Vegetative Trash, or White goods for more than 24 hours. If a
property owner is given a warning for a violation of this section, no additional warning shall
be given before a written citation for violation of this section is issued.
(j) Emergency conditions. Whenever strike, natural calamity, or other condition .beyond
the City's control shall occur, the City Manager may invoke emergency conditions for a
period of thirty (30) days by written notice to all applicable properties. Such emergency
conditions may be extended thereafter only with approval of a majority of the City
Commission by a written resolution. In such situations the collection of domestic garbage
shall be given priority.
Section 3. Codification. The provisions of this ordinance shall become and be made a
part of the Code of Ordinances of the City of South Miami as amended.
Page 8 of9
Ord. No. 10-17-2280
Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all sections
and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 6. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 16th day of May, 2017.
(J; oti£~ A.II;:;; /{jJ~
1st Reading: 4/4/17
2nd Reading: 5/16/17
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Liebman:
Commissioner Edmond:
Commissioner Harris:
Page 9 of9
5-0
Yea
Yea
Yea
Yea
Yea
3)SE I NEIGHBORS
CITY OF SOUTH MIAMI
COURTESY NOTICE
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NOTICE BY THE CITY OF SOUTH MIAMI
OF INTENT TO USE
THE UNIFORM AD VALOREM METHOD
OF COLLECTION OF A NON-AD
VALOREM ASSESSMENT
Notice is hereby given to all owners of lands loca!ee Within the bounearies
of the City of South Miami that the City of South Miami intends to use the
uniform ad valorem melhod for collecting the Stormwater non-ad valorem
assessments leVied by the Cily 01 South Miami as set forth in Section
197.3632, Florida Statutes. and that tile Clly CommiSSion will hole a public
hearing on Tuesday, May 2. 2017. at 7:00 pm. at the 6130 Sunset Drive.
Commission Chambers. The purpose of Ihe public hearing is to consider
the adoption of a Resoluhon authorizing the City of South Miami 10 use the
uniform ad valorem method of collecting the Stormwater non-ad valorem
assessments levied by the City 01 Soulh Miami as provided in Section
197.3632. Florida Statutes. The City of South Miami is considering adopting
a non-ad valorem assessment for 2018. for the purposc of collec:;ng the
Stormwater User Fces. ThiS non-ad valorem assessment is levied for the
first time which was previously charged in the utility bill.
I SU~mA'v APRIl23lC1i
! MIAMIHfRAl D.(O)l
TAKE YOUR SAVINGS
FROM ORDINARY ...
36-MONTH
, , . TO EXTRAORDINARY!
OPEN YOUR CD ACCOUNT TODAY!
STOP BY YOUR :.OCAL 8RANC; OR VISIT
POPULARCOMIV:UNtTYFiANK.COWCD-SAV'NGS.
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MIAMI DAILY BUSINESS REVI,EW
PUbbshed Daily excep: Salu:dey. Sunday and
Legal H:l:icia}'s
Miami. Miami..[)ade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before . the undersigned aulhority personally appeared
MARIA MESA, who on oath says that he or she is the LEGAL
CLE~K, legal Notices of Ihe Miami Daily Business Review
flk/a Miami. Review, a daily. (except Saturday, Sunday and
legal Holidays) newspaper, ptJbli~h9d at MIami in Miami-Dade
County, ~Iorida; that the attached copy of advertisement,
being a legal Adverflsement of Notice in the matter 01
NOTICE OF PUBLIC HEARfNG
CITY OF SOUTH MIAMI -MAY 2, 2017
In the XXXX Court.
was published in said ne~.,spaper in the issues 01
04/21/2017
Affiant further says tha! Ihe said Miami Dally Business
Review is a newspaper publis~ed at Miami, in saId
Miami-Dade Counly. Flo:ida and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida each day (except Saturday, Sunday a'ld
legal Ho!idays) .and has been enlerad !IS second ciass mail
matler at flJe post office in Miami in said Miami·Dade County,
Fionda. for a period 01 cne year next preceding the· first
publlcetion of the a!lached copy 'of advert.semanl; and affiant
lurther says Ihat he or she has neither paid nor promised any
person. firm or corporation any disco~nt, rebate. commission
or refund tor 01 seC'\Jrir.g this advertisement for
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