ORDINANCE WHEREAS, the City of Naples provides solid waste and recycling services within its boundaries; and

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1 Agenda Item 14 Meeting of 04/19/2017 ORDINANCE AN ORDINANCE RELATING TO SOLID WASTE; AMENDING CHAPTER 32. SOLID WASTE, OF THE CODE OF ORDINANCES OF THE CITY OF NAPLES IN ORDER TO UPDATE DEFINITIONS AND POLICIES; AMENDING ARTICLE I, IN GENERAL, DEFINITIONS, SECTION 32-1; AMENDING ARTICLE II. REFUSE COLLECTION AND DISPOSAL, SECTIONS THROUGH AND ADDING SECTION 32-41; AND AMENDING ARTICLE III. RATES, FEES AND BILLING PROCEDURES, SECTIONS THROUGH 32-76; PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING A REPEALER PROVISION; PROVIDING AN EFFECTIVE DATE FOR IMPLEMENTATION OF RATE ADJUSTMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Naples provides solid waste and recycling services within its boundaries; and WHEREAS, the 2017 Solid Waste Rate Study presented to City Council on March 13, 2017 included discussion regarding solid waste rates and policies; and WHEREAS, City Council desires to amend definitions and policies provided in Chapter 32. Solid Waste; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That Chapter 32, Solid Waste, of the Code of Ordinances of the City of Naples is hereby amended to read as follows (with underlining indicating additions and strikethroughs indicating deletions): Chapter 32 - SOLID WASTE. Sec Definitions. ARTICLE I. - IN GENERAL The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bulk waste means any refuse type I waste that cannot be containerized, bagged, or bundled, or whose large size or weight precludes its handling, processing or disposal by normal methods. Commercial means non-residential property as described in Section 32-40(d).

2 Container means dumpster (metal or plastic container designed and intended to be mechanically emptied into a packer-type refuse truck and varying in size from one cubic yard to ten cubic yards), compactor, roll-off, or any other container approved by the city intended for collection of refuse or recyclables. Food waste means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Kitchen facility means a facility for preparing food, containing a sink with running water, a stove or refrigerator, built-in or portable. Multi-family means any building containing four or more permanent residential living units. Refuse type I means food waste, combustible rubbish from households, stores and businesses, such as, but not limited to, paper, rags, boxes, plastics, bedding, excelsior, rubber and leather, and all noncombustible rubbish such as, but not limited to, tin cans, ceramic and glass. garbage, rubbish, special waste, or other discarded material. Refuse type II means refuse which includes all horticultural trimmings and all accumulations of grass, weeds, palm fronds, leaves, flowers, shrubs, vines, tree limbs and other similar accumulations incidental to yard keeping. Refuse type III means industrial waste and refuse which includes waste, debris, and materials accumulated from the alteration and construction of buildings, residences, apartments, roads, driveways and other structures. means construction and demolition (C&D) debris as defined by F.S (32). Residential means single family homes, duplexes, and triplexes. Roll cart means a wheeled container designed and intended to be used for automated collection of refuse or recyclables. Secs Reserved. ARTICLE II. REFUSE COLLECTION AND DISPOSAL Sec Container requirements. (a) Residential container service. (a)(1) Residential service. A residential container shall be a cylindrical gauge steel, plastic or galvanized metal receptacle closed on one end and open at the other with a tightfitting solid top lid of a capacity not to exceed 30 gallons. (2) Multi-family service. See Section (b) Commercial container service below.

3 (b) Commercial container service. (1) Commercial container service. (1) a. A ccommercial containers shall be a detachable metal or plastic container designed and intended to be mechanically emptied into a packer type refuse truck and varying in size from 1 cubic yard to 10 cubic yards include dumpsters, compactors, roll-offs, roll carts, or any other container approved by the city intended for collection of refuse or recyclables. (2) The commercial customer shall be responsible for placing all containers that require service at the designated location no later than 7:00 a.m. on their scheduled day of pickup. The customer shall be responsible for removal of the container by 5:00 p.m. the same day. (c) b. Commercial cart service. A commercial cart should be is an approved 96-gallon wheeled cart designed to be placed curbside and mechanically emptied into a rear packer-type garbage refuse truck. (1) 1. A commercial customer may be permitted to subscribe to curbside roll cart (provided by city) service if any of the following criteria is met: a. The volume and type of waste is such that use of a dumpster container is not warranted; or b. Field conditions make it impractical to provide solid waste refuse type I collection service using a dumpster container; or c. Use of a dumpster container would create or contribute to a significant blighting influence on the surrounding area. (2) 2. All requests for commercial roll cart service shall be approved by the city manager. (3) 3. Frequency of service and number of containers roll carts shall be determined by the city manager. (4) 4. The commercial customer shall be responsible for placing all roll carts that require service at the designated location no later than 7:00 a.m. on their scheduled day of pickup. The customer shall be responsible for removing the cart from the curb by 5:00 p.m. the same day. Sec Container to be kept in good repair. Food waste and rrefuse type I shall be placed in a suitable residential container at a convenient location for collection and removal by the city or its duly authorized agent or representative. Such residential container shall be an

4 approved receptacle as provided in section (a)(1). Such residential container shall be kept in good repair at all times. Containers with leaking bottoms will not be serviced. The city manager or the city manager's agent shall verbally notify the customer to replace such receptacles container. Service will be resumed when the defective receptacle container is replaced. Sec Disposal of refuse type II by property owners. All owners or occupants of property who maintain perform yard maintenance to their own yards must dispose of the resulting refuse type II in conformance with this section. Refuse type II, which includes all horticulture trimmings and accumulations of including grass, weeds, palm fronds, leaves, flowers, shrubs, vines, tree limbs and other similar accumulations incidental to yard keeping, for removal by the city or its duly authorized agent or representative, shall be placed curbside at the curb of the street, loose, unbagged and untied, or placed in a clear and safely accessible area of the alley adjacent to the right-of-way in front of the property from which the refuse is generated or an area shared by consenting neighboring property owners for removal by the city or its duly authorized agent or representative. Horticultural trimmings Such refuse on the right-of-way shall not be adjacent to storm drains or near shrubbery, mailboxes, cable boxes, telephone poles, etc., in order for easy access to collect the refuse pile without potential damage to property. Such refuse and horticultural trimmings shall not be placed in front of property belonging to another except with the express written permission of the property owner, which shall be made available to city officials upon request. This permission shall only apply to occupied property and not vacant lots. Authorization for placing horticultural trimmings refuse type II in front of vacant lots shall be granted by the city manager in writing on a case-bycase basis. Refuse type II is collected one time per week and is limited to four cubic yards per pickup. [See Chapter 22, section 22-35(e) for commercial landscape contractors refuse type II disposal responsibilities.] Sec Refuse type III to be removed by property owner or contractor. Refuse type III shall be removed by the owner or contractor responsible for such refuse and shall not be included in the regular collection service furnished by the city. However, upon notification from a resident of incidental amounts of C&D debris generated by the resident on the resident s own property, at the discretion of the city manager, the city may choose to collect such materials. C&D debris may include cabinets, wood, drywall, plumbing fixtures, and other demolition-type debris. All loose materials must be in containers or bags that weigh less than 30 pounds each. No loose piles of material will be collected. The city reserves the right to pick up only those items which employees and equipment are able to safely and effectively collect and dispose. Material approved for collection must be placed curbside no more than 24 hours prior to scheduled collection. Collection services for refuse type III shall incur a service charge as set forth in Appendix A to this Code.

5 Sec Disposal of residential and commercial bulk waste nonresidential household goods. All residential and commercial nonresidential household goods such as furniture and appliances shall be placed at curbside to be removed by the city on specific dates established by the city manager. Items may be placed curbside for pickup no sooner than 24 hours prior to pickup. Customers must prearrange pickup with the solid waste division no later than 48 hours prior to pickup. The schedule may be established by phone contact to the solid waste division. Items must be incidental and not a part of remodeling, reconstruction, or renovation. Customers may request collection of bulk waste, such as furniture and appliances, but not including any refuse type III C&D debris, by calling the city s solid waste division. The city manager shall establish a specific date within two (2) business days from the customer s request for collection. Customers shall place all such items All residential and commercial nonresidential household goodsbulk waste such as furniture and appliances shall be placed at curbside for collection no more than 24 hours prior to the scheduled collection date. to be removed by the city on specific dates established by the city manager. Items may be placed curbside for pickup no sooner than 24 hours prior to pickup. Customers must prearrange pickup with the solid waste division no later than 48 hours prior to pickup. The schedule may be established by phone contact to the solid waste division. Items must be incidental and not a part of remodeling, reconstruction, or renovation. Residential customers shall incur no additional charge for bulk waste collection services. Commercial customers shall incur a service charge for bulk waste collection services as set forth in Appendix A to this Code. Sec Disposal of food waste by commercial customers. All food waste generated by commercial customers shall be placed in plastic bags of no less than 1 one mil millimeter in thickness. A bag shall not exceed 30 pounds and shall be securely tied or sealed and placed into an approved container or cart and collected no less than 2 two times per week. Sec Commercial and multi-family containers to remain closed. It shall be the responsibility of the customer to assure that all commercial and multi-family containers and roll carts lids remain closed at all times. Failure to do so will result in locking devices being placed on the commercial container at the expense of the customer and the customer will be subject to a surcharge as set forth in appendix A to this Code. Sec Collection service regulations. The city manager shall have the authority to make regulations concerning the days of collection, number of collections, location, number and sizes of containers and such other matters pertaining to collection, conveyance and disposal as necessary and to change and modify them after notice. Such regulations shall not be contraryto consistent with the provisions of this chapter.

6 Sec Placement and screening of mechanical, compaction, and rolloff containers. (a) (b) (c) Mechanical, compaction, and roll-off c Containers shall be placed in a location mutually agreed upon by the property owner and the city manager. Where agreement is not reached, the city manager shall designate a reasonable location or shall change the service from mechanical, compaction or roll-off container service to roll cart service. All permanently located mechanical, compaction, and roll-off containers in use within the city shall be screened from view of the public right-of-way or alleyway by October 1, 2006, as follows: (1) Screening shall be on at least three sides, using wood, plastic-coated cyclone fence with slats, brick, stone, concrete, or shrubbery. The unscreened side shall not face a public right-of-way or alleyway. The screening shall encompass the full height, length, and width of the container, or shall meet specific zoning district requirements. All screening shall be maintained for function, safety, and appearance. (2) Gates intended for service access shall provide an opening of at least 10 ten feet in width for each mechanical container and shall be designed to remain open when collection service is provided by the city. Gates shall be required when the service entrance of the enclosure faces a public right-of-way or alleyway. (3) Where a gate in the screening structure faces the public right-of-way or alleyway, the gate shall be closed and latched at all times, except when collection service is provided. The city may close any gate left open in violation of this subsection. A service fee surcharge, as set forth in appendix A to this Code on file in the city clerk's office, for each such closure service provided by the city shall be assessed against the owner or occupant of the property and shall be collected in the manner provided by section The fee shall be supplemental to any other penalties provided for violation of this section. (4) All screening structures shall be located on private property so as to be reasonably accessible for collection service vehicles and shall not be located within the right-of-way of a public street or alleyway. The city manager may grant exceptions to the container screening requirements of this section where specific lot conditions makes compliance impractical, the visibility of the container from a roadway is minimal, or the safety of the collection vehicle or the public in general would be compromised by the construction of the enclosure. The decision of the city manager as to the issuance of a variance is final, and no appeal shall be allowed.

7 (d) (e) Temporary mechanical, compaction or roll-off containers used for the collection of refuse and recycling during special events for a period of less than 7 seven days are exempt from the container screening requirements contained in this section. Mechanical c Containers on wheels which are stored out of the public view, except for collections, are exempt from the screening requirement of this section. Sec Non-residential recycling. (a) (b) (c) (d) Title and citation. This section shall be known and may be cited as the "City of Naples Non-Residential Recycling Ordinance." Intent and purpose. It is the intent and purpose of this section to promote recycling by: (1) Requiring businesses and institutions in the city to segregate and recycle as many designated recyclable materials as practicable; (2) Establishing educational programs concerning recycling; (3) Providing incentives and awards programs that will make recycling more attractive to the businesses and institutions in the city; (4) Limiting the regulatory impact of this section on business; and (5) Eliminating potential conflicts between the requirements of this section and other requirements of the City Code. By utilizing a balanced combination of incentives and regulations, the city intends to accomplish its recycling goals while minimizing the regulatory requirements in this section. The city also intends to provide sufficient time for the businesses and institutions in the city to comply with the city's new programs. Construction and interpretation. This section shall be liberally construed in order to carry out effectively the intent and purpose of this section. Definitions. All definitions in this section shall be construed in a manner that is consistent with the definitions contained in F.S , or elsewhere in this Code. [See specifically, 1-2 and 44-8] In the case of a conflict or inconsistency with the definitions contained in F.S , the statutory definition shall apply. Certificate of operation means the license that a contractor must obtain from the city before it can collect recyclable materials in the city. Collect means to gather or pick up recyclable materials for transport and delivery to a recycling facility. Contractor means a person who collects or transports recyclable materials from non-residential property for profit.

8 Customer means an owner or generator that enters into a service agreement with a contractor for recycling services. Minimal amount means the amount of solid waste which lawfully may be included in separated recyclable materials. A minimal amount of solid waste is no more than ten percent, by volume or weight, whichever is more restrictive. Garbage means all kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials. Generator means each business, not-for-profit organization and institution (i.e., all persons except individuals) that generates one or more recyclable materials as a result of its activities on non-residential property. Materials recovery facility means a solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. Non-residential property means real property that is located in the city and used primarily for: (1) Commerce, including without limitation, offices, stores, restaurants, motels, hotels, recreational vehicle parks, theaters, and service stations; (2) Not-for-profit organization use; and (3) Institutional uses, including without limitation, governmental facilities, churches, hospitals and schools. The term non-residential property shall not include non-transient residential units or undeveloped land. Organic waste means garbage and other similar putrescible solid waste, including source separated food waste and food-soiled paper. Organic waste does not include yard trash. Primary recyclable material means a recyclable material that a person generates on non-residential property in amounts greater than 96 gallons per month. Program recyclables means all recyclables accepted in the city s residential recycling program, including paper, cardboard, glass, aluminum, steel cans and plastics #1 though #7 excluding Styrofoam and bags. Program recyclables may be amended at the city s discretion as markets develop for additional materials. 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.

9 Recovered materials processing facility means a facility engaged solely in the storage, processing, resale, or reuse of recovered materials. Recyclable materials or recyclables means those materials that are capable of being recycled, which would otherwise be processed or disposed of as solid waste. Recyclables include program recyclables and may include other materials, such as food waste, if designated by the city. Specifically included are the following: paper, cardboard, glass, plastic (1 through 7), aluminum, and ferrous metal. If designated by the city, it may include other materials, such as organic waste, or other materials. Recyclable materials container means any box, tub, or other container plastic or metal receptacle that is made of metal, hard plastic or other similar material and is suitable for the collection of recyclable materials. 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. Recycling facility means any facility that recycles recyclable materials, including but not limited to buy back centers, drop-off centers (both permanent and mobile), designated city recycling centers, materials recovery facilities and recovered materials processing facilities. Residential unit means a single-family residence, duplex residence, triplex, and or a multi-family residence. Restaurant means any bar, tavern or other eating or drinking establishment where food or beverages are prepared, served, or sold for profit, either for immediate consumption on or in the vicinity of the premises, or called for or taken out by customers, or prepared prior to being delivered to another location for consumption. Self-hauling certificate means a written certification by an owner or generator confirming that the owner or generator is collecting and transporting recyclable materials to a recycling facility. Service agreement means a written agreement between a contractor and an owner or generator concerning the collection of recyclable materials. Solid waste means 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 materials, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Substantial hardship means a demonstrated economic, technological, legal, or other type of hardship. (e) Designation of recyclable materials. The city may designate materials as recyclable materials if it determines that a market exists for such materials and a cost-effective system is in place for recycling such materials. Materials may be deleted from this list of recyclable materials if the city

10 (f) determines that a market no longer exists or a cost-effective system is no longer in place for recycling such materials. Minimum standards for recycling on non-residential property. (1) Each owner shall: a. Provide recyclable materials containers on the owner's nonresidential property so theat generators located on the owner's non-residential property may recycle all of the recyclable materials that the generators have designated pursuant to subsection b.(2) below; and b. Collect the materials placed in the recyclable materials containers and transport those materials to a recycling facility. (2) Each generator shall recycle all of the primary recyclable materials that it produces. At least once each year, each generator shall: a. Consider the list of recyclable materials designated by the city pursuant to section (fe) of this section; b. Consider the types of recyclable materials generated by its activities on non-residential property; c. Identify the primary recyclable materials that the generator produces; and d. Identify (i.e., designate) the primary recyclable materials that the generator will recycle. Thereafter, each generator shall separate the designated primary recyclable materials from the generator's solid waste refuse type I waste stream, and the generator shall place the designated primary recyclable materials in recyclable materials containers for collection. (3) If a generator's activities do not produce any primary recyclable materials, the generator shall designate and recycle one or more recyclable materials in the manner described in subsection (f)(2), above, unless the generator is exempt pursuant to subsection (g)(1), below. (4) Each generator shall coordinate with the owner of the non-residential property where the generator's activities occur, and each owner shall coordinate with the generators on its non-residential property, to ensure that the generator's recyclable materials are taken to a recycling facility. (5) No person shall dispose of recyclable materials that have been separated from solid waste pursuant to the provisions of subsections (f)(2) or (f)(3), above. (6) No person shall place solid waste in a recyclable materials container.

11 (g) (7) No person shall cause litter or a nuisance. Each person shall take all necessary steps to ensure that recycling activities do not cause litter or a nuisance. Each person shall immediately pick up any litter and eliminate any nuisance caused by the person's own activities. (8) Each owner shall, upon request, provide the city manager with a copy of a service agreement, self-hauling certificate, or other document, such as a receipt from a recycling facility, demonstrating that the primary recyclable materials generated on the owner's nonresidential property are being taken to a recycling facility. The service agreement, self-hauling certificate, or other document shall be available for inspection by the city manager at the owner's nonresidential property during normal business hours. The owner also shall mail or deliver these documents to any generator located on the owner's non-residential property, within 14 days, if the generator requests the documents. (9) Each generator shall, upon request, provide the city manager with a copy of a service agreement, self-hauling certificate, or other document demonstrating that the generator's primary recyclable materials are being taken to a recycling facility. The service agreement, self-hauling certificate, or other document shall be available for inspection by the city manager at the generator's nonresidential property during the generator's normal business hours. (10) An owner may satisfy its obligations under this section by performing the required activities itself or by using the services of a contractor or other person who complies with the requirements of this section. However, the owner shall be responsible for ensuring and demonstrating its compliance with the requirements of this section. (11) A generator may satisfy its obligations under this section by performing the required activities itself or by using the services of a contractor or other person who complies with the requirements of this section. However, each generator shall be responsible for ensuring and demonstrating its compliance with the requirements of this section. Exemptions from recycling standards. (1) A generator shall be exempt from the requirements in subsection (gf) of this section if the generator uses no more than one container for the disposal of its solid waste refuse type I, the container's capacity is no greater than 96 gallons, and the contents of the container are collected no more than two times per week. (2) A generator shall not be required to recycle a recyclable material if the generator demonstrates to the city manager that there is no collection service or other cost-effective system available for recycling such material.

12 (h) (i) (j) (k) (l) (m) (3) An owner shall be exempt from the requirements in subsection (gf) of this section if: a. All of the generators on the owner's non-residential property are exempt from or not required to comply with the provisions of subsection (gf); or b. Primary recyclable materials are not being generated by any activities occurring on the owner's non-residential property. Extraordinary and innovative recycling. (1) All owners and generators, including those who are exempt from some or all of the requirements in this section, are encouraged to recycle all of their recyclable materials, especially aluminum cans, paper, and cardboard. (2) Owners and generators are encouraged to work with the city to develop new and innovative methods to recycle other recyclable materials, such as organic food waste. Awards program for recycling on non-residential property. The city manager is hereby authorized to establish and implement an awards program to recognize owners and generators in the city who implement exceptional or innovative recycling programs for non-residential property. Recycling education and promotion program. The city manager is hereby authorized to establish and implement a recycling education and promotion program for owners and generators in the city. The education and promotion program may include, but is not limited to, public workshops, public service announcements, multi-media advertising, and direct mailings concerning the methods and benefits of recycling on non-residential property. Evaluation of non-residential recycling program. As needed, the city manager shall provide a report to the city council concerning the city's recycling program for non-residential property. The report shall address the effectiveness of the city's recycling program for non-residential property, the general costs and benefits associated with this program, and any changes that should be implemented to improve the effectiveness of the program. Recycling service agreements. A contractor shall provide a written service agreement to a customer before the contractor begins to collect that customer's recyclable materials. The service agreement shall describe the services to be provided by the contractor, the fees to be paid by the customer, and the other terms of the parties' agreement. Standards for recycling contractors. (1) No person may collect or transport recyclable materials in the city for profit unless such person has obtained a certificate of operation from the city. However, a certified recovered materials dealer, as defined in F.S , is not required to obtain a certificate of operation before engaging in business in the city.

13 (2) A not-for-profit organization is required to obtain a certificate of operation before collecting or transporting recyclable materials in the city, but the city manager is authorized to waive the fee for review of the application and issuance of the certificate. (3) Any person may file an application with the city manager for a certificate of operation. The application shall be submitted on a form prepared by the city manager. The applicant shall provide the information and documentation that is requested by the city manager, including but not limited to the following: a. The name, address and telephone number of the applicant; b. A description of the vehicles that the applicant will use to collect recyclable materials, including the make, model, and serial number of each vehicle; and c. Certificates of insurance demonstrating that the applicant has the following minimum insurance coverage: commercial general liability insurance of at least $1,000,000.00; business automobile liability insurance of at least $1,000,000.00; workers' compensation insurance of at least the statutory limits, unless otherwise provided by state law; and umbrella liability insurance of at least $2,000, The certificates of insurance shall state that the city will receive at least 30 days' written notice before cancellation or reduction of coverage. The certificates of insurance shall indicate that the city is a named insured in all of the insurance policies required by this section, with the exception of workers compensation. d. A written statement certifying that the applicant has reviewed and will comply with all of the requirements in the certificate of operation and this section. (4) If the city manager determines that the applicant complies with the terms of this section and all applicable laws, the city manager shall grant a certificate of operation. The city manager shall deny an application for a certificate of operation if the city manager determines that the applicant does not comply with the terms of this section or other applicable law. The city manager may revoke a certificate of operation if the city manager determines, after providing notice and an opportunity for a hearing, that a contractor has violated the provisions in a certificate of operation or any applicable law. (5) The city manager will provide a standard form that will be used as the city's certificate of operation. The certificate of operation shall contain the conditions and limitations that are deemed appropriate by the city. The certificate of operation shall remain in effect for a period of one year, unless the city approves a longer duration by resolution.

14 (n) (6) A contractor shall provide each of its customers with recyclable materials the type, size and quantity of containers that are sufficient to accommodate the quantity and types of recyclable materials that will be recycled generated by the customer. (7) A contractor shall conduct all of its activities in accordance with all applicable laws and best management practices. A contractor's vehicles, equipment and containers shall be kept in a clean and wellmaintained condition. (8) A contractor shall not take a customer's recyclable materials to a landfill or other site for disposal, unless the contractor has received an exemption pursuant to paragraph subsection (g) of this section. (9) Unless exempt from this requirement pursuant to Chapter , Florida Administrative Code, a contractor shall provide quarterly reports to the city identifying, at a minimum, the types and amounts of recyclable material it collected, and each recycling facility to which the recyclable material was taken. The city manager may require the contractor to provide such other information as the city manager reasonably determines is necessary, provided such request is consistent with the provisions of Chapter , Florida Administrative Code. Self-hauling. (1) If an owner collects the recyclable materials generated on its nonresidential property and transports those materials to a recycling facility, without using a contractor, the owner shall, upon request, prepare a self-hauling certificate for the city manager. (2) If a generator collects and transports its recyclable materials to a recycling facility, without using a contractor, the generator shall, upon request, prepare a self-hauling certificate for the city manager. (3) The city manager shall approve a standard form that shall be used as a self-hauling certificate. At a minimum, the owner or generator shall provide the following information in the self-hauling certificate: a. The name, address and telephone number of the owner or generator that is signing the self-hauling certificate; b. The address of the non-residential property where the recyclable materials are generated; c. The names of the owners and/or generators that are transporting recyclable materials pursuant to the self-hauling certificate; d. A brief description of the activities or businesses that are generating the recyclable materials;

15 (o) (p) e. A list of the types of recyclable materials that are being transported; f. For each type of recyclable material, the amount that is being taken from the non-residential property to a recycling facility each month; g. The name and address of the recycling facility; and h. The occupational license number(s) for the non-residential property. (4) The self-hauling certificate shall contain a written statement, signed by the owner or generator, certifying that the owner or generator is in compliance with the requirements of this section. (5) The city manager may restrict or prohibit self-hauling by a person if the city manager determines, after providing notice and an opportunity for a hearing, that the person's self-hauling activities violate the provisions of this section or any other applicable law. City recycling center. (1) The city may establish a recycling center for the benefit of the community. When established, the city may impose conditions and limitations upon any person that wishes to use the city's recycling center, including limitations on the types and amounts of recyclable materials that will be accepted at the recycling center. The city also may charge fees for the use of its recycling center. The conditions, limitations, and fees applicable to the recycling center shall be established by resolution of the city. (2) A contractor shall not deliver recyclable materials or solid waste to the city's recycling center, unless the deliveries are approved in advance by the city manager. Exceptions Administrative. (1) The city manager may grant an administrative exemption from the requirements in this section when an owner, generator or other person demonstrates that: a. The application of this section would create a substantial hardship, or b. Due to site specific conditions, the owner, generator or other person cannot simultaneously comply with this section and the provision of any other section of the city code, county regulations or general law. (2) An application for an administrative exemption by a generator pursuant to subsections (g)(1) or (g)(2), above, shall be submitted to the city manager on a form prescribed by the city manager.

16 (q) (r) (s) Inspections, enforcement and penalties. (1) The city manager is authorized to conduct inspections on nonresidential property for the purpose of determining whether a person is in compliance with the requirements of this section. The city manager also is authorized to inspect any vehicle, equipment or container used to collect or transport recyclable materials in the city for the purpose of ensuring that the vehicle, equipment or container is not producing litter or leaking liquids or other residuals during transport. (2) It shall be prima facie evidence of a violation of this section if an owner or generator fails to have a recyclable materials container in use on the owner's or generator's non-residential property. Penalties and enforcement. Any person violating this section shall be subject to the enforcement and penalties contained in section 1-15 of this Code. Exceptions. The city manager is hereby granted the authority to administer this program and to resolve any questions or disputes concerning the proper interpretation and application of this section. The decision of the city manager is final agency action and no appeal is allowed. Sec Residential recycling. (a) (b) (c) (d) The city will issue roll carts for once per week curbside collection of program recyclables for single family, duplex, triplex, and multi-family residences. (1) All recyclable materials shall be drained of liquid and free of food residue before being placed in the roll cart for collection. (2) Cardboard shall be flattened or cut down to fit completely within the roll cart. (3) Program recyclables are to be placed in city-provided roll carts, unbagged, for collection. (4) Roll carts shall not be filled above a height which prevents the attached lid from being completely closed. The lid shall be kept closed at all times, except when the roll cart lid is damaged or inoperable. No person shall place solid waste in a recyclable material roll cart. No person shall cause litter or a nuisance. Each person shall take all necessary steps to ensure that recycling activities do not cause litter or a nuisance. Each person shall immediately pick up any litter and eliminate any nuisance caused by the person's own activities. No person shall dispose of recyclable materials that have been separated from refuse type I.

17 (e) No person shall disturb or remove any recyclable materials placed curbside for collection, or from any container after it has been placed therein for collection. Secs Reserved. ARTICLE III. - RATES, FEES AND BILLING PROCEDURES Sec Establishment of type I and type II refuse fees. (a) (b) Fees for collection of refuse types. The fees for the collection of refuse types I and II and the disposal of refuse type II shall be established by resolution of the city council and shall be as set forth in appendix A to this Code. Fees for new occupancies. Fees for new occupancies will be fixed on a prorated basis, commencing on the date of issuance of a certificate of occupancy or evidence of occupancy. (c) Annual rate adjustment by index. Effective and commencing on October 1, 2002, and for each annual anniversary thereafter, there shall be an automatic refuse collection rate adjustment based upon and equal to the then-current percentage increase of the United States Consumer Price Index. The automatic rate adjustment provided herein shall not preclude the city council from increasing or decreasing the refuse collection rates as deemed necessary or appropriate at any time. Indexed rate changes are to become effective with the first billing cycle for service rendered on or after October 1st of each fiscal year indicated. Sec Rates for refuse type II disposed of in commercial multi-family containers. All refuse type II, which includes horticultural trimmings and accumulations of grass, weeds, palm fronds, leaves, flowers, shrubs, vines, tree limbs, and other similar accumulations incidental to yard keeping, placed in commercial containers at multi-family residences shall pay the fee as indicated in section 32-71(3)(c) in appendix A commercial container service rates as scheduled by the size of the commercial container and number of pickups per week. Sec When fees payable. Collection and disposal The annual fees prescribed in this article are payable in advance for 1 year,are set beginning October 1 of each year. ; however, b Billing will be on a bi-monthly basis and bills will become delinquent if not fully paid within 60 days after from the billing date. The same provisions apply as provided for in Sec (Utilities Application for service, billing procedure, regulations). Sec Applicability of fees; duty of city to collect waste and refuse. The fact that any place of abode residence or any place of business is occupied shall be prima facie evidence that food waste and refuse types I and II and recyclables

18 are being produced and accumulated upon such premises, and, therefore, the fees for the collection and disposal thereof are due to the city. It shall be the duty of the city to inspect such premises and remove therefrom any and all food waste and refuse types I and II and recyclables found thereon, and the required fees shall be paid by such resident property owner or occupant. The fact that any place of business is occupied shall be prima facie evidence that refuse type I is being produced and accumulated upon such premises, and, therefore, the fees for the collection and disposal thereof are due to the city. It shall be the duty of the city to inspect such premises and remove therefrom any and all refuse types I found thereon, and the required fees shall be paid by such property owner or occupant. The city shall notify the property owner or occupant if such removal is not the duty of the city. Sec Responsibility for payment. The property owner is responsible for payment of all charges for food waste and refuse collection and disposal service, unless the city manager is otherwise notified of all tenant changes and new services. Sec Billing and collection. The annual food waste and refuse types I and II refuse fee for each of the premises to which the city supplies water and sewer service shall be billed and collected in the same manner and at the same time as water and sewer service is billed and collected. The annual food waste and refuse types I and II refuse fee for each premises to which the city does not supply water and sewer service shall be billed and collected bimonthly in advance in accordance with the water service billing cycle and shall be payable by the occupant or owner at city hall. Any person, firm or corporation failing for any reason or refusing to pay the charges provided for in this article, after having been duly billed for such charges by the city, shall be deemed guilty of violating the provisions hereof and all food waste and refuse collection services and water service provided by the city to the premises for which the charges are past due shall be terminated. Section 2. Section 3. That if any word, phrase, clause, subsection or section of this ordinance is for any reason held unconstitutional, invalid, or ineffective, the same shall not affect the validity of any remaining portions of this ordinance. In such even, the pre-existing word, phrase, clause, subsection or section, shall be revived. That all sections or parts of sections of the Code of Municipal Ordinances, all ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict and subject to Section 2.

19 Section 4 Section 5. That the rate adjustments set out in Article III of this code shall become effective immediately upon adoption. This ordinance shall take effect immediately upon adoption. APPROVED AT FIRST READING AND PUBLIC HEARING THIS 5 TH DAY OF APRIL SECOND READING AND PUBLIC HEARING SCHEDULED FOR THE 19 TH DAY OF APRIL Attest: Patricia L. Rambosk, City Clerk Bill Barnett, Mayor Approved as to form and legality: Robert D. Pritt, City Attorney Date filed with City Clerk: