0594 Garbage and TrashORDINANCE NO. 594
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING
FOR THE REPEAL OF SECTIONS 8-1 THROUGH 8-39 INCLUSIVE, OF
THE CODE OF ORDINANCES, CITY OF OKEECHOBEE, FLORIDA, AND
DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT; PRO-
VIDING A NEW CHAPTER EIGHT RELATING TO GARBAGE AND TRASH
PICK UP AND DISPOSAL; PROVIDING FOR RULES AND REGULATIONS
IN GENERAL; PROVIDING FOR CITY COLLECTION SERVICES; PRO-
VIDING FOR FEES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the city council for the protection of the health, safety and welfare of
the citizens of Okeechobee feels control should be exercised and rules
and regulations established for safe and efficient pick up and dispos-
al of solid waste material within the municipal limits of the City of
Okeechobee.
NOW, THEREFORE, BE IT ORDAINED by the city council of the City of Okeechobee,
Florida, as follows:
Section 1. Sections 8-1 through 8-39 inclusive, of the Code of Ordinances of the
City of Okeechobee, Florida, is hereby repealed and declared null and
void and of no effect.
Section 2. Chapter Eight of the Code of Ordinances of the City of Okeechobee,
Florida, hereby reads as follows:
ARTICLE I. IN GENERAL
Sec. 8-1. Definitions.
As used in this chapter:
ACCUMULATION - Any one or more articles of litter/rubbish.
GARBAGE - Every waste accumulation of animal or vegetable matter which
attends the preparation, use, cooking, processing, handling or storage
of meats, fish, fowl, fruits, vegetables or other matter which is sub-
ject to decomposition, decay, putrefaction or the generation of noxious
or offensive gases or odors, or which, during or after decay may serve
as breeding ground or feeding material for flies, insects or animals.
LITTER/RUBBISH - All forms of garbage and refuse which, if deposited
within the city other than in a container or receptacle, tends to
create a danger to public health, safety and welfare by creating a
fire hazard; provides a nesting, breeding or feeding area for sand-
flies, mosquitoes, rodents, snakes, other species of pests and vermin
or disease bearing organisms; impairs the vision of motorists or bicy-
clists or impedes pedestrians to the extent that traffic and pedestr-
ian safety is impaired; adversely affects the aesthetic appearance of
the property upon which the garbage or refuse is found and adjacent
properties.
OWNER OR TENANT - Any owner, lessee or person in possession of any lot,
tract or other parcel of land in the city.
TRASH/WEEDS - All rank vegetable growth, grasses, brush, leaves, vines,
undergrowth, limbs and waste building materials.
Sec. 8-2. Responsibility of owners and tenants.
No owner or tenant of any property, within the city, shall allow trash,
rubbish, garbage or refuse to accumulate or remain on such property.
Sec. 8-3. Containers required for garbage and trash.
a. Residential customers shall place amounts and types of solid waste
in garbage cans furnished with tight fitting top or lid and appro-
priate lifting handles, or plastic liners of sufficient strength
to hold contents, securely tied at the top.
b. Use of any detachable metal container designed or intended to be
mechanically serviced as a condition precedent to use shall be
approved by the city as to type, size and location.
c. All apartments of four units or more are required to use commercial
sanitary garbage containers as approved by the city.
Sec. 8-4. Dumping, depositing, leaving on or near street.
a. No person shall dump, leave or dispose of garbage, rubbish, trash
or other waste matter in or on any street, road, right-or-way,
highway, alley of the city, or within two hundred (200) yards of
such street, road, highway, alley, or right-of-way.
b. Garbage in an approved container and containerized rubbish and
trash shall be placed in the right-of-way of the streets, roads,
highways or alleys to be picked up on regular garbage and trash
collection routes of the city without violating this section, so
long as such garbage, rubbish, trash, or other waste material
does not remain undisposed of more than 24-hours prior to any
scheduled garbage or trash collection.
c. Nothing herein shall require the removal of hazardous waste, body
waste, dead animals or abandoned property.
Sec. 8-5. Throwing on vacant property.
No person shall throw trash, rubbish or garbage, or cause trash, rub-
bish or garbage to be thrown, on vacant property in the city.
Sec. 8-6. Throwing into or near Taylor Creek.
No person shall throw, place, or deposit or cause to be thrown, placed
or deposited into Taylor Creek, the canals feeding into Taylor Creek,
or on the. shore thereof, within the city, any trash, garbage, dead fish,
manufe, decayed food,:-filth or litter, which by its odor, decay or putre-
faction, would or could become offensive to human beings residing in the
vicinity thereof or detrimental to health or create a nuisance.
Sec. 8-7. Applicability of state laws.
In addition to and not in limitation of the provisions of this section
the provisions of Section 403.413, Florida Statutes, also known as the
"Florida Litter Law", as amended from time to time, is hereby added to
this ordinance and incorporated by reference herein. The city council
would also respectfully suggest to the judges of those courts trying
persons for violations of the "Florida Litter Law" that the provisions
of Chapter 948, Florida Statutes, "Probation", be utilized liberally in
order to require such persons to expend appropriate amounts of time and
effort gathering up litter at places within the city designated by the
court.
ARTICLE II. CITY COLLECTION SERVICE
DIVISION 1. GENERALLY
Sec. 8-16. Use required.
It being determined by the city council for the health and welfare of
the community, each and every residence, place of business, or any
other type structure or abode shall be required to place their garbage
and trash as herein provided at the curb-side on regular collection
days so that said garbage and trash or other matter may be picked up
and disposed of in a safe and sanitary manner.
Sec. 8-17. Disposal other than by city.
a. No person shall, in any manner, dispose of or attempt to dispose
of garbage or trash in the city without having the method and
place of such disposal approved by the city and obtaining a per-
mit therefore from the city clerk, which permit shall cost one
hundred ($100) dollars per calendar year or any part thereof.
b. Such person may elect to pay the regular garbage and trash col-
lection fee in lieu of such permit fee.
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c. Not withstanding any provisions in this section, the dumping of
riprap and other building material such as concrete to bolster,
strengthen, or support the banks of Taylor Creek and where such
dumping shall be approved by the Corps of Engineers or other
state or federal agency exercising jurisdiction thereof.
Sec. 8-18. Frequency of collection.
Garbage and trash collection service shall be provided not less than
one time per week and pick up shall not be reduced by holidays but
pick ups normally scheduled to be made on a holiday may be resched-
uled upon notification to the affected residential or commercial
premises by publication in the area served by the city.
Sec. 8-19. Preparation of waste for collection.
a. Garbage and rubbish: Garbage and rubbish shall be placed for col-
lection separately from trash and shall be placed in waste recep-
tacles with a gross weight of not more than forty (40) pounds.
Containers for garbage shall not be greater in size than thirty
(32) gallons and said containers shall be free from jagged or
sharp edges; free from inside structures, such as inside bands
of reinforcing angles which would prevent free discharge of the
contents; must be watertight and of impervious materials; and
provided with a tight fitting cover to protect the contents from
flies, insects, rats or other animals.
b. Trash: Trash must be in an acceptable container or tied in bun-
dles not exceeding five (5) feet in length and not weighing in
excess of 40 pounds, placed for collection adjacent to the street,
highway or alley within the public right-of-way between the con-
fines of the side lot lines of each single-family residence or
structure. Tree trunks, stumps, major appliances and furniture
not suitable to be reduced in size and that weigh more than 40
pounds shall be removed only upon special request. Trash shall
be placed for collection separately from garbage and the city
garbage and trash collection company shall not be required to
collect any trash, or other debris which does not comply with the
requirements in this subsection or which exceeds three (3) cubic
yards per weekly pick up unless authorized for special removal at
an additional charge.
C. Location of residential waste for collection: All persons receiv-
ing residential waste collection service pursuant to this chapter
shall place waste receptacles, disposable containers and other
items at the curb side between the confines of the side lot lines
of each single-family residence or other structure.
Sec. 8-20. When dumpsters required.
Dumpsters will be required when, in the opinion of the city, refuse
generated will amount to three (3) cubic yards or more per month on
a regular basis.
Sec. 8-21. Markings, removal of improper or damaged receptacles.
Any container used for the collection or storage of residential waste
which fails to meet the standards prescribed by this chapter shall be
clearly marked by the city or its franchisee specifying the manner in
which the container fails to meet the requirements. Any container which
fails to meet these requirements, and is so marked, shall be removed
from service by the party furnishing it. Upon failure of the party
furnishing the container to remove it from service after written notice
by the city, the city shall remove the container from service and
destroy it.
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ARTICLE III. FEES
Sec. 8-34. Payment required.
No person shall fail or refuse to pay the garbage and trash collection
fee provided for in this article.
Sec. 8-35. Fee for excessive accumulation.
Notwithstanding any of the fees provided for in this article, for the
collection of garbage and trash, if any person occupying any dwelling,
house or business establishment shall have a quantity of garbage or
trash which exceeds the usual amount to such an extent as to require
special trips by the collection crews to pick up same, the franchisee
may assess an extra garbage and trash fee based on the time, labor,
gasoline, diesel fuel and oil required for such special trips.
Sec. 8-36. Charges and rates.
For services required to be performed under this article, the charges
shall be as follows:
a. Residential rate shall be $7.49 per living unit for garbage pick
up consisting of not more than four (4) 32-gallon garbage contain-
ers once each week; and for trash and other debris which does not
exceed 40 pounds in weight nor more than three (3) cubic yards in
quantity.
b. Commercial rate shall be $11.00 per business for garbage pick up
consisting of not more than five (5) 32-gallon garbage containers
once each week; and for trash and other debris which is not more
than three (3) cubic yards in quantity.
c. Dumpster rental schedule for each owner or tenant:
1X 2X 3X 4X 5X 6X
1
YD
34.00
61.00
86.50
113.00
139.00
164.50
2
YD
57.00
95.00
133.00
171.00
209.00
237.00
3
YD
72.00
115.00
157.00
199.00
241.50
284.00
4
YD
86.50
135.00
183.50
232.00
270.00
308.00
6
YD
116.00
181.50
247.00
310.00
369.00
422.00
8
YD
135.00
209.00
275.50
342.00
395.50
448.50
Section 3. This ordinance shall take effect immediately upon its adoption.
Introduced for first reading and set for final hearing this 16thday of June
1987.
Oakland R. Chapman, Ma r
ATTEST:
i
Bonnie S. Thomas, City Clerk
Passed and adopted on second reading and public hearing this 7thday of Jul
1987.
~_Oa:!~k_4andR. Chapman, yor
ATTEST:
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