01-20-04 Item 8TO: Honorable Mayor, Vice Mayor DATE: January 20, 2004
& City Commission
FROM: Maria V. Davis
City Manager 41� �j�
AGENDA ITEM No.
RE: Amendment to Sections 11 -4,
11 -19 (A), (B) and 11 -21 (A), (B) of
the Code of Ordinances
ORDINANCE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA RELATING TO SOLID WASTE; ADDING TWO SUB - PARAGRAPHS TO SECTION 11 -4
AND AMENDING SECTIONS 11 -19 (a), (b) AND 11 -21 (a), (b) OF THE CODE OF ORDINANCES
ENTITLED "DEFINITIONS ", "REFUSE CONTAINERS" AND "EXTENT OF SERVICE AND
POINTS OF COLLECTION "; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE
BACKGROUND & ANALYSIS:
As approved in this year's budget, the automated garbage collection process is scheduled to
commence on April 5, 2004. With new processes and equipment, we are required to amend the
Code of Ordinances. These proposed changes to Chapter 11 of the Code of Ordinances will
accommodate the new automated garbage collection system. The proposed changes to the code
include:
• Adding Automated Domestic Garbage Container.
• Amending description of Refuse Containers.
• Amending the Extent of Service and Points of Collection
In brief, these changes define the new automated domestic garbage container and added that the
City shall provide the automated garbage containers to the residents at the residents' expense and
that the containers must be placed at curbside, facing the street, on the day of collection.
RECOMMENDATION:
It is recommended that the City Commission approve the ordinance.
ATTACHMENT:
Cl Proposed ordinance
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA RELATING TO SOLID WASTE; ADDING TWO
SUB - PARAGRAPHS TO SECTION 11 -4 AND AMENDING SECTIONS 11 -19 (a),
(b) AND 11 -21 (a), (b) OF THE CODE OF ORDINANCES ENTITLED
"DEFINITIONS ", "REFUSE CONTAINERS" AND "EXTENT OF SERVICE
AND POINTS OF COLLECTION "; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami maintains a Public Works Department that provides
collection services in regards to refuse and garbage collection in the City; and
WHEREAS, the administration recommends adding two sub- paragraphs to section 11 -4 and
amending Sections 11 -19 (a), (b) and 11 -21 (a), (b) of the Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 11 -4 of Chapter Eleven of the Code of Ordinances is hereby
amended as follows:
Section 11 -4. Definitions
Automated domestic garbage container shall mean the container designed for the automated
collection system and supplied by the City.
Rfuse container(s) shall mean ag rbage can, garbage container, automated domestic ..garbage
container, domestic trash container and commercial refuse container.
Section 2. That Section 11 -19 of Chapter Eleven of the Code of Ordinances is hereby
amended as follows:
Section 11 -9. Refuse containers.
(a) Automated domestic garbage containers. Domestie a b ge eon r -s Rae" resi epee shall
pfevide two (2) eentainers of a eapaeity of not more than thirty (30) gallons eaeh. Suell
eontainefs shall be eonstrueted of galvanized nietal or- plastie and shall have tight fit4ing lids
and be red nt „roof The automated domestic ag rbage containers shall be provided by
city at property owner's expense. The bottom of the containers shall be lined with paper or
plastic liners of sufficient strength and texture to prevent leakage and spillage, provided by
the owner or tenant using such container. No oil drums shall be allowed. The owner or
occupant of the unit being serviced shall be responsible for the maintenance of the container.
All containers shall be maintained in good condition, including cleanliness and repair.
(l) Domestic trash containers. Each residence shall provide two (2) containers as desefibed H
. of a capacity of
not more than thirty (30) gallons each. Such containers shall be constructed of galvanized
metal or plastic and shall have tight lids and be rodent proof. No resident shall have more
than fatrf(4) two (2)- containers for ^^trash collection.
Section 3. That Section 11 -21 of Chapter Eleven of the Code of Ordinances is hereby
amended as follows:
Additions shown by underlining and deletions shown by ^..°. ing.
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Sec. 11 -21. Extent of service and points of collection
(a) Domestic garbage. Garbage containers are hereby required to be placed at
h' h the -afha e is esileete curbside and facing the street at least 5 feet from parked cars poles fire
hydrants mailboxes or other obstacles or at a location designated by the city manager or public works
director. Garbage containers are hereby required to be placed at the collection point the day of sehedtfled
alleetion. as early as 7:00 pm the night before the pick -up and not later than 7:00 am the day of pick -up.
Such containers shall be removed from public view within twenty -four (24) hours after the scheduled
collection day. ,
aeeessible for eelleetion and not in vielation of the zoning ordinanee of the . Containers may not be
placed at locations other than stated above. Those containers at locations not approved will not be picked
up. Containers in approved location will be emptied at leaf twice each week.
(b) Domestic trash. Domestic trash in containers and bundled 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 curb within twenty -four (24) hours after pickup. In no case shall the bundled trash
weigh more than fifty (50) pounds or be longer than four (4) feet in length. The amount of domestic trash
shall not exceed the equivalent in volume of two thirty (30) gallon containers 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 ^ems
bundled as domestic trash. These iterns may be plaeed a4 the eufb as explained in subseetion (e) beiew
This bundled domestic trash may be placed
in automated domestic garbage containers defined in Section I I -19 (a) above.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity
of the remaining portions of this ordinance.
Section 5. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 6. This ordinance shall take effect immediately upon approval.
PASSED AND ADOPTED this day of , 2004.
ATTEST:
CITY CLERK
I sr Reading -
2" d Reading -
READ AND APPROVED AS TO FORM
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Russell:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner McCrea:
Additions shown by underlining and deletions shown by ovefoo�. *gig.