1311
1 ORDINANCE NO. _~ ____ _
2
3 An Ordinance amending the City of South Miami Code of Ordinances, Chapter 11,
4 Sections 11-4 and 11-22 to add and amend definitions and to revise the requirements
5 for trash collection.
6
7
8 WHEREAS, section 11-4 requires additional definitions to make the Chapter more clear; and
9
10 WHEREAS, section 11-22 is confusing and it needs clarification as well as tighter regulation as
11 to what can be placed at curbside and how long trash can remain at curbside; and
12
13 WHEREAS, the City desires to amend Chapter 11, Sections 11-4 and 11-22 of the City's Code
14 of Ordinances.
15
16 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
17 OF THE CITY OF SOUTH MIAMI, FLORIDA:
18
19 Section 1. Chapter 11, Sections 11-4 of the City of South Miami, Florida, Code of
20 Ordinances is hereby amended and shall read as follows:
21
22 Sec. 11-4
23 Definitions
24 Automated domestic garbage container shall mean the container designed for the automated
25 collection system and supplied by the city.
26
27 Biomedicallbiohazardous waste shall mean any solid waste or liquid waste which may present a
28 threat of infection to humans. The term includes but is not limited to, non-liquid human tissue and
29 body parts; laboratory and veterinary waste which contains human disease causing agents; used
30 disposable sharps, human blood, and human blood products and body fluids; and other materials
31 which i~ the opinion of the department of health and rehabilitation services represent a significant
32 risk of infections to persons outside the generating facility.
33
34 Biological waste shall mean solid waste that causes or has the capability of causing disease or
35 infection and includes, but is not limited to, biohazards waste, diseased or dead animals, and other
36 waste capable of transmitting pathogens to humans or animals.
37
38 Bulk Trash shall mean all domestic trash excluding (i) domestic recyclable materials that should
39 be placed in a recycling container or (ii) domestic trash that must be placed in a garbage
40 container. In no event shall recyclable material that is required to be containerized, or any
41 domestic garbage, be considered Bulk Trash.
42
43
44 Bundled Vegetative Trash shall mean trash consisting of vegetation removed from non-
45 commercial residential properties that can be bundled and joined by ties or contained in bags. See
46 the definition of "commercial residential properties".
47
48 City shall mean the City of South Miami, Florida.
49
50 Commercial establishments shall mean any structure used or constructed for use for business
51 operations. For purposes of this chapter, hotels and motels are commercial establishments. The
Page 1 of7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
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, dust,
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 city.
Customer shall mean a person who uses the 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 mean the director of the pPublic wWorks Department.
Domestic and Vegetative Bulk Trash shall mean trash from non-commercial residential properties
that cannot be containerized or bundled. Domestic and Vegetative Bulk Trash is not recyclable
material that should be placed in a recycling container nor is it domestic garbage.
Garbage Domestic Garbage (or "Garbage") shall mean every food-derived refuse accumulation
from non-commercial residential properties or any related material that decays and produces
unsanitary or noxious conditions. of animal, fruit, vegetable, or organic matter that attends the
preparation, use, cooking and_ detailing in, or storage of, meats, fish, fowl, fruit, or vegetables,
and decay, putrefaction and the generation the of noxious Qf offensive gases or odors, or 'Nhich,
during or after decay, may serve as breeding or feeding material for flies or other germ carrying
insects.
Franchisee shall mean the named person who obtains a franchise from the city pursuant to this
chapter.
Garbage can or garbage container shall mean a container made of galvanized metal, durable
plastic on other suitable material of a capacity ninety-six (96) gallon approved for use by the
c~ity mManager or his designee. Such container shall have two (2) handles upon 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.
Page 2 of7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
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 city for garbage, hazardous, industrial,
biomedical, biological, commercial, multifamily residential establishment solid waste; specialized
solid waste including construction and demolition, debris, trash, lifter refuse, and/or rubbish
collection, removal and disposal.
Hazardous waste shall mean 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.
Industrial waste shall mean any and all debris and waste products generated by manufacturing,
food processing (except restaurants), land clearing, any commercial shrubbery or tree cutting,
building construction or alteration (except do-it-yourself home projects) and public works type
construction projects whether performed by a government unit or by contract.
Infectious waste shall mean those wastes which may cause disease or may reasonably be
suspected of harboring infectious agents pathogenic organisms. Included are medical, biological,
and veterinary wastes requiring special handling and/or disposal. resulting from the operation of
medical clinics, hospitals, and other facilities producing wastes which may consist of, but are not
limited to, diseased human and animal parts, contaminated bandages, pathological specimens,
hypodermic needles, contaminated clothing, and surgical gloves.
Loose refuse 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.
Mechanical container 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.
Multifamily residential establishment 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 city 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 city
under the franchise agreement(s),
Permit per account fee shall mean the annual charge assessed by the city to nonexclusive
franchises for each account with whom they contract for the provision of services.
Person shall mean any natural person, individual, public or private corporation, firm, partnership,
association, joint venture municipality, or any combination of such, jointly or severally.
Page 3 of7
1 Private solid waste hauler (collector); private hauler; hauler shall mean any person, entity,
2 corporation or partnership that removes, collects and transports for disposal for hire any solid
3 waste within the incorporated area of the city.
4
5 Recyclable materials shall mean those materials which are capable of being recycled and which
6 would otherwise be processed or disposed of as solid waste.
7
8 Refuse shall mean both rubbish and garbage or a combination or mixture of rubbish and garbage,
9 including paper, glass, metal and other discarded matter, excluding recyclable materials.
10
11 Refuse containers shall mean garbage can, garbage container, automated domestic garbage
12 container, domestic trash container and commercial refuse container.
13
14 Refuse regulations shall herein refer to regulations prescribed by the city together with such
15 administrative rules, regulations and procedures as may be established under or pursuant to this
16 chapter.
17
18 Residential unit shall mean any single-family residence.
19
20 Solid waste shall mean garbage, litter, refuse, yard trash, clean debris, white goods, special waste,
21 refuse, or other discarded materials.
22
23 Solid waste disposal shall mean the disposition of solid waste by means of combustion, land
24 filling or other final method of discard as approved under federal and state law.
25
26 Special Domestic Bulk Trash shall be defined as heavy manufactured fabricated items such as
27 home and kitchen appliances and other goods designated as such by the City Manager or Public
28 Works Director. Special Domestic Bulk Trash shall not include construction materials.
29
30 Special waste shall mean solid v .. astes that can require special handling and management,
31 including, but not limited to, radioactive materials, asbestos, ", .. hole tires, used tires, used oil, lead
32 acid batteries, mercury lights and biological wastes, hazardous waste, construction and demolition
33 debris, industrial ,<vaste including solid or contained gaseous material resulting from domestic,
34 industrial, commercial,_mining, agricultural, or governmental operations.
35
36 Temporary rolloff/container fee shall mean the one-time charge paid, per account, to the city for
37 each large container and/or rolloff utilized by franchisees to provide contracted removal and
38 disposal of construction or demolition debris special waste from commercial construction and
39 demolition, renovation and other similar accounts.
40
41 Section 2. Chapter 11, Sections 11-22 of the City of South Miami, Florida, Code of
42 Ordinances are hereby amended and shall read as follows:
43
44
45 Sec. 11-22. -Extent of service and points of collection.
46 (a) Domestic garbage containers. Garbage containers are hereby required to be placed at
47 curbside, must be placed at the front property line or curb and facing the street, at least five (5)
48 feet from parked cars, poles, fire hydrants, mailboxes, or other obstacles, or at ~location
49 designated by the c~ity mManager or p£ublic wWorks dQirector. City-provided Ggarbage
50 containers are hereby required to may be placed at the collection point as early as 7:00 p.m. the
51 night before the pick-up and not later than 7:00 a.m. the day of pick-up. Such containers shall be
Page 4 of7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29,
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
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 without the written approval of
the City Manager. These 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) Emergency conditions. \Vhenever strike, natural calamity, or other emergency shall occur,
the city manager may invoke the follmving emergency conditions for a period of thirty (30) days
by written notice mailed to all domestic garbage customers:
(a 2) Domestic garbage. Garbage containers are hereby required to be placed at the front
property line or curb on the day of scheduled collection. Such containers shall be removed from
public view \vithin twenty four (24) hours after the scheduled collection day. Containers may be
placed at locations other than stated above with the approval of the city manager. Those
containers and locations not approved will not be picked up. Containers in approved locations
will be emptied at least t\vice each week. Such emergency conditions may be extended thereafter
only ',vith approval ofa majority of the city council by resolution duly passed.
(b) Bundled Vegetative Domestic tIrash. Domestic trash in containers and .B.bundled domestic
Vegetative Itrash shall 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 for collection, or at
location designated by the City Manager or Public Works Director. Bundled Vegetative Trash
shall not be placed for pickup more the~n t\venty four (24) hours seven days prior to Be the
scheduled pickup day and removed from the curb \vithin t\venty four (24) hours after pickup. In
no case shall the b.B.undled Vegetative tIrash weigh more than fifty (50) pounds or be longer than
four (4) feet in length. The amount of Bundled Vegetative domestic tTrash picked up without
additional fee shall not exceed the equivalent in volume of two (2) thirty gallon containers 12.5
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 such
situations the collection of domestic garbage shall be given priority. Grass, hedge clippings,
leaves, branches and vines are not required to be bundled as domestic trash and may be placed at
the curb a maximum of seven (7) days before the scheduled pickup day. This bundled 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) Gther domestic trash. Domestic and Vegetative Bulk Trash. Domestic and Vegetative Bulk
tIrash that cannot be containerized or bundled shall be neatly stacked or placed at the front of the
property or at the front curb in front of the owner's property for special mechanized collection at
the convenience of the e~ity. Domestic trash-and Vegetative Bulk Trash exceeding the
maximum allowable volume may be picked up at an extra-additional cost to the owner of the
premises as set forth in section 11-23 of this chapter. Domestic and Vegetative Bulk Trash shall
not be placed for pickup more than twenty-four (24) hours prior to the scheduled pickup day.
Domestic and Vegetative Bulk Trash (bundled or not) shall not include domestic recyclable
materials that supposed to be placed in a City-provided recycling container or other Domestic
Trash that is required to be put into a trash container. In no event shall domestic garbage be
considered Domestic and Vegetative Bulk Trash.
@ Pick up services for the city's public works department The City's Public Works Department
shall provide special bulk trash Special Domestic Bulk Trash fpick-upj. services. Special bulk
trash shall be defined as refrigerator, stove, air conditioner, washer, dryer, micro',vaves, water
heater, paint cans, and other goods designated by the city manager or public ",,'orks director.
Property owners and residents shall contact the pEublic wWorks a)2epartment to arrange for
special pick-up services before placing sS.pecial Domestic b.B.ulk tIrash at curbside. Special
Page 5 of7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Domestic Bulk Trash shall not include construction materials. Special Domestic Bulk Trash shall
not be placed for pickup more than twenty-four (24) hours prior to the scheduled pickup day.
(1) Property owners or residents of property may have two (2) three (3) options for the
disposal of sS.pecial Domestic bllulk tIrash:
a. Special Domestic bllulk tIrash can be picked up by the e.Gity at an extra cost
to the owner or resident of the property as set forth in section 11-23 of this
chapter~~
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 pEublic wWorks dDepartment of the option selected and the
pEublic wWorks d)2epartment shall specify the date to place trash out for
private contractors to pick up~~
c. The property owner or a resident of the property may personally dispose of the
Special Domestic Bulk Trash If Miami-Dade County provides a facility were
such trash may be taken by such property owner or resident.
(d~) Commercial refuse. Commercial refuse containers shall be placed at a point designated by
the e.Gity mManager. Collection of commercial refuse shall be as many times weekly as
designated by the e.Gity mManager as to both, the size of container, as well as 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 (2A) hours-days without
having arranged for disposal by a qualified person licensed by the City to perform such service.
The .Geity may, at its convenience, require any commercial business or industrial establishment to
make private arrangements for the collection and disposal of commercial refuse.
(ef) Refuse not collected by the e.Gity. The e.Gity will not under any eircumstances collect and
dispose of dangerous trash, construction and demolition debris, commercial and domestic
building materials as defined, commercial trash as a result of trash from lot clearing, spent oil or
greases accumulated at garages, filling stations or similar establishments, or automotive tires and
~ items. Improper disposal of such items may result in fines.
(fg) Holiday garbage collection schedule:
Holidays falling on Monday holiday: Monday's route The normal Monday pickups will be
collected onpicked up Tuesday, and pickups typically scheduled for Tuesday reute will be
collected on Wednesday with Thursday Friday nonnal schedule.
Holidays falling on Tuesday holiday: Monday's route no change. Tuesday's routeThe normal
Tuesday pickups will be collected on Wednesday ,vith Thursday Friday nonnal schedule.
Holidays falling on Thursday holiday: Monday Tuesday normal schedule. Thursday's routeThe
normal Thursday pickups will be collected on picked up Wednesday with no change for Friday.
Holidays falling on Friday holiday: Monday Tuesday nonnal schedule.The normal Thursday
pickups ro-ute will be collected onpicked up Wednesday, and Friday's routethe normal Friday
pickups will be collected on Thursday.
(gh) Penalty for removal. It shall be a violation of this chapter for any person, firm, or
corporation not authorized by the e.Gity mManager, to collect or dispose of any newspaper or
other recyclable item or container which has been specifically placed for collection in the
Page60f7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
recycling program as provided by this section. It is notthe 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 Domestic and
Vegetative Bulk Trash and Special Bulk Trash that has been deposited in the front of 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 Domestic and Vegetative Bulk Trash and Special Bulk Trash 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 ofthis 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.
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 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of _____ , 2017.
ATTEST:
CITY CLERK
1 sl Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Liebman:
Commissioner Edmond:
Commissioner Harris:
Page 7 of7