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3066 ORDINANCE NO. 3066 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 11, OF THE CODE OF THE CITY OF SANFORD ENTITLED "GARBAGE, TRASH, WEEDS AND SOLID WASTE"; PROVIDING DEFINITIONS; CHANGING THE TITLE OF THE REFUSE DIVISION OF THE PUBLIC WORKS DEPARTMENT TO THE SOLID WASTE DIVISION OF THE PUBLIC WORKS DEPARTMENT; PROVIDING FOR MANDATORY REFUSE PICKUP FOR BUSINESSES AND COMMERCIAL ESTABLISHMENTS BY THE CITY OF SANFORD SOLID WASTE DIVISION OF THE PUBLIC WORKS DEPARTMENT; PROVIDING FOR EXCEPTIONS TO MANDATORY REFUSE PICKUP; PROVIDING REGULATIONS FOR PREPARATION OF REFUSE FOR COLLECTION; PROVIDING A SCHEDULE OF SOLID WASTE COLLECTION FEES; PROVIDING FOR RUI~ AND REGULATIONS BY CITY MANAGER; PROVIDING COMMERCIAL SOLID WASTE REGULATIONS; PROVIDING FOR ARECYCLING PROGRAM; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, The City Commission of the City of Sanford, Florida finds it to be in the best interest of the City to require all businesses and commercial establishments located within the City and all persons or companies who have been issued an occupational license by the City to have mandatory refuse pickup by the City's Solid Waste Division of the Public Works Department; and WHEREAS, the City Commission finds it to be in the best interest of the City to establish a recycling program to enhance the environment for the citizens of Sanford and to comply with State and Federal Laws. NOW, THEREFORE, BE IT RESOLVED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION I; THAT Chapter 11, Article I of the code of the City of Sanford shall be amended to read as follows: ARTICt~ I. IN GENERAL Sec. 11-1. Definitions. For the purpose of this Chapter the following terms, phrases, words, and their derivations shall have the meaning given herein: (a) Ashes. "Ashes" shall mean the residue from the burning (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) of wood, coal, coke or other combustible materials. Commercial Waste. "Commercial Waste" shall mean refuse originating in a non-industrial business establishment which is not intended for use or sale. City Manager. "City Manager" shall mean the City Manager of the City of Sanford, or his designee. Garbage. "Garbage" shall mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Hazardous waste. "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 substantial present or potential hazard to human health or the environment when improperly transported, dispose of, stored, treated, or otherwise managed, as determined by the State of Florida Department of Environmental Regulation. Industrial waste. "Industrial waste" shall mean building material waste resulting from erecting, removing, repairing or razing buildings or other non- hazardous solid waste originating in an industrial establishment which is not intended for use or sale. Person. "Person" shall mean and include any person, firm, partnership, association, corporation, company or organization, singular or plural, of any kind and officers and or partners of the same. Public Works Director. "Public Works Director" or "Director" shall mean the Public Works Director of the Public Works Department of the City of Sanford or his designee. Recyclable Material. "Recyclable Material" shall mean those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. Recyclable Material Container. "Recyclable Material Container" shall mean a container for recyclable material, of such a design and construction, that it provides a safe and hazard free containment of the recyclable materials contained therein. Recycling. "Recycling" shall mean any process by which materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials (1) (m) (n) (o) (P) or products. Recovered Materials. "Recovered Materials" shall mean the materials which have known recycling potential, can be feasibly recycled, and have been diverted or removed from the solid waste stream for sale, use, or reuse, by whether or not requiring subsequent separation, or processing. Refuse. "Refuse" shall mean all putrescible and non-putrescible solid waste (except body wastes) which are not hazardous wastes. Solid Waste. "Solid Waste" includes garbage, refuse, yard trash, clean debris, discarded white goods, special waste, ashes, sludge, or other discarded material', including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations, but does not include recovered materials. Trash/Debris. "Trash/Debris" shall mean discarded items which are not usable in their present condition as intended by the manufacturer by reason of being broken, un-maintained or abandoned, which is not intended for use or sale. Yard Trash. "Yard Trash" shall mean vegetative matter resulting from landscaping maintenance and land- clearing operations. Sec. 11-1.1. Mandatory refuse service by City. All property owners and/or occupants of residential property within the city limits of Sanford, Florida will be required to have mandatory refuse pickup by the City and pay charges for such service as specified in Section 11-12. beginning on January 1, 1989. All business owners or occupants of commercial property and all persons or companies who have been issued an occupational license by the City and are located within the city limits of the City of Sanford will be required to have mandatory refuse pickup by the City and pay charges to the City for such service as specified in Sec. 11-12. beginning on October 1, 1991. (Ord. No.1996, 1, 1.9-89) Sec. 11-1.2. Collection only by City; exceptions. All refuse accumulated in the city shall be collected, conveyed, and disposed of by the City or its designated agents, licensees, franchisees or contract representatives. No other person shall collect or convey over any of the streets or alleys of the City, or dispose of, any refuse accumulated in the City except as follows: (a) Commercial and industrial waste. This article shall not prohibit the producers of commercial or industrial waste, or the owner of premises upon which commercial or industrial waste has accumulated, from personally collecting, conveying, and disposing of commercial or industrial waste if such service is not provided by the City, its franchisees or any other duly authorized representative of the City; subject to the rules and regulations of the City Manager. (b) Exception for outside collectors. This article shall not prohibit collectors of refuse which has been collected outside the city limits from hauling such refuse over City streets; provided such collectors comply with the provisions of this article and any other governing law or ordinance of the City of Sanford, the State of Florida and the United States. (c) Exception for existing commercial refuse collection contracts. This article shall not impair any commercial refuse collector contracts entered into on or before June 24, 1991. (d) Collection and transportation of industrial waste by producers and outside collectors. The producers of industrial wastes, or the owner of premises upon which industrial waste is produced who personally collect, convey and.dispose of industrial waste as provided in Section ll-l.2.(a) of this code, shall be subject to the rules and regulations of the City Manager. Collectors of refuse from outside the City who transport refuse over the streets of the City, shall use a watertight container for transportation of such refuse, provided with a tight cover, and the container shall be so constructed and maintained so as to prevent offensive odors form escaping therefrom and to prevent refuse from being blown, dropped or spilled. (e) Rules and regulations. The City Manager shall have the authority to make such other reasonable regulations concerning individual collection and disposal and relating to the hauling of refuse over City streets by outside collectors as he shall find necessary, subject to the right of appeal as set forth in Section 11-8. hereof. 11-1.3. Refuse property of City. Ownership of solid waste material placed in refuse collection containers provided by the City or the customer and deposited on the City right-of-way or other designated collection site for collection shall be vested in the City. Sec. 11-2. Receptacles-Required; requirements generally; size; quantity. (a) It shall be the duty of every housekeeper, storekeeper, occupant or owner of any premises within the city limits having, keeping, or offering for collection any garbage or refuse, to provide for the storage and collection of such garbage and refuse in watertight receptacles consisting of either plastic, metal, rubber or any other similar material provided with proper handles and a tight-fitting cover with a capacity of not more than thirty (30) gallons. (Code 1954, 11-2; Ord. No. 1468, 1, 4.23-79) (b) Limitation as to quantity for residential uses. All residential uses, which term shall embrace any usage not defined herein as commercial, shall be allowed to place for collection no more than three (3) receptacles per collection day. 'Sec. 11-3. Placing receptacles for and removal after collection; other trash or refuse not placed in receptacles. - ....................... It shall be the duty of every housekeeper, storekeeper, occupant or owner to place the receptacle or plastic bag required in section 11-2, when offered for collection on the ground at the curb line, adjacent .and directly in front of the premises and said placement shall be behind the curb, or where the curb would be. Any person having a corner lot may use the side lot subject to the approval of the Public Works Director. Where a public alley exists and the City Manager deems it suitable for use, the receptacle shall be placed at the property line on the alley. All receptacles shall be removed from the curb line or parkway when emptied. (Code 1954, 11-3; Ord. No. 1468, 2, 4.23-79) Sec. 11-3.1. Preparation of refuse for collection. (a) Garbage. All garbage, before being placed in approved containers for collection, shall have drained from it all free liquids. (b) Refuse. All refuse shall be drained of liquid before being deposited for collection. (1) Cans, bottles, boxes. All cans and bottles which have contained food or foodstuffs shall be thoroughly rinsed and drained before being deposited for collection. All paper board boxes shall be broken down before being placed in refuse container for collection. (2) Ashes. Ash containers shall be made of metal. Ashes must be cold before being placed in container for collection. (3) Industrial wastes. Industrial wastes shall be consolidated by the owner thereof, or the owner of the premises, subject to the rules and regulations of the City Manager. (c) Yard trash, yard refuse, tree trunks, limbs and other debris--Placing or depositing on streets etc., prohibited; exceptions. It shall be the duty of every occupant or owner of property to place all resulting yard trimmings, grass, leaves, weeds and other yard trash in either plastic bags or other containers, sturdy enough to retain such refuse, at the curb line or at the property line in a manner as specified herein or as prescribed by the Public Works Director. Tree trunks and limbs resulting from ordinary trimming, care and upkeep may be deposited for collection and shall not exceed four (4) inches in diameter and five (5) feet in length and shall be neatly stacked. Papers, rags, magazines and the like may be deposited for collection in the places provided in this paragraph, provided that they are securely tie~ in ........ bundles not exceeding forty (40) pounds in weight, or provided such matter is stored in sturdy disposable containers which will, in all ordinary weather conditions, prevent said matter from being scattered about by the elements or animals. Any or all of the matter permitted under this paragraph is to be placed upon parkways immediately in front of and contiguous to the property owned or occupied by the person depositing the same. If placed in front of property owned by others, the written consent of the other owner, tenant or person in possession of such property must be obtained. Nothing herein shall be construed to permit the placing of tree trunks resulting from the falling or removal of large trees of large numbers of trees or from the clearing of lots or other areas. (2) It shall be unlawful for any person, to place or deposit or caused to be placed or deposited upon any. of the street, sidewalks, parkways, thoroughfares, public parks, or other public places of the City, any tree trunks or limbs, any trash, debris, papers, litter, refuse, or other discarded matter of whatever kind. (3) The matter permitted to be placed in parkways under paragraph (1) above, shall be neatly placed so as to allow convenient passage of persons and conveyances lawfully in such parkways. (4) It shall be unlawful for any person to disturb or to scatter or spread about or cause to be disturbed or to scatter or to be spread about any of the matter described in paragraph (1) above. (5) For the purposes of this section a parkway is defined as that portion of the street right-of-way paralleling any public thoroughfare between the curb line and the abutting property line. (6) Limitation as to quantity of yard trash placed for collection. Their shall be a limit of a total not to exceed four (4) cubic yards of loose yard trash per residence per collection day. Yard trash in any amount exceeding four (4) cubic yards in one collection day may be collected subject to the rules, regulations and fees, sufficient to cover costs of the service rendered, as established by the City Manager. (d) "Other solid waste materials"; large limbs, tree trunks, discarded appliances and all other solid waste materials not specifically designated herein and that the Public Works Director designates to be suitable for collection and disposal by the Solid Waste Division, shall be collected from all single family residential units. The placement of "other solid waste .................. materials" for collection and limitation as to quantity shall be.the same as those provided in Section 11-3.1 above. There shall be no fees charged for "other solid waste materials" service other than as provided in Section 11-3.1.(c).(6) above. Sec. 11-4. Use of bags for storage and collection of paper, etc. Any storekeeper, owner or occupant of any premises within the city keeping or offering for collection refuse material consisting entirely of paper and pasteboard or other light material in large quantities may, at the discretion of the City Manager and under such rules as he may prescribe, be allowed to use suitable bags for such storage and collection. (Code 1954,11- 4) Sec. 11-5. Wet garbage. All persons who deposit wet garbage for removal by the city shall deposit such garbage in watertight and airtight plastic bags or receptacles described in section 11-2 herein. Any wet garbage, if so deposited in such plastic bags or containers, shall be tied securely or have placed thereon tight-fitting covers to prevent the emission of any odors therefrom. (Code 1954, 11-5; Ord. No. 1468, 3, 4.23-79) Sec. 11-6. Refuse fruit and vegetables. (a) All persons are hereby required to deposit daily in either plastic bags or tightly closed receptacles all refuse fruit and vegetables in and about their homes and places of business, including fruit dropped from trees, and to keep such refuse fruit and vegetables in said plastic bags or tightly closed receptacles until the same are removed by the department of public works of the city. (b) All persons are hereby required to allow daily access to the plastic bags or receptacles in which refuse fruit and vegetables are deposited as provided in this section for the purpose of removing and destroying such refuse fruit and vegetables. (Code 1954, 11-6; Ord. No. 1468, 4, 4.23-79) Sec. 11-7. Industrial waste. Industrial waste shall be stored, held, kept, collected and removed by the owner, occupant or person in possession of such premises in such a manner as required by City, State and Federal laws, rules or regulations. (Code 1954, 11-8) Sec. 11-8. Rules and regulations. It shall be the duty of the City Manager to prescribe such rules and regulations governing the storage, holding, keeping, collection and removal of garbage, refuse and industrial waste as will comply with this chapter and as may seem to the City Manager to be in the best interest of the public welfare. (Code 1954, 11- (a) All refuse accumulated in the City shall be collected, conveyed and disposed of by the City under the supervision of the Public Works Director, except as otherwise provided within this Chapter. The City Manager shall have the authority to make regulations concerning the days of collection, type and location of refuse containers, and such other matters pertaining to the collection, conveyance and disposal of refuse as he shall find necessary, persons aggrieved shall have the right of appeal to City Commission as provided in Subsection (b) hereof. (b) Appeals. Any person aggrieved by a regulation of, or fee charged by the City shall have the right to appeal to the City Commission. The City Commission shall have the authority to confirm, modify or revoke any such regulation or fee provided that the actions of the City Commission are not contrary to the provisions of this Chapter. 11-8.1. Commercial container regulations. (a) Unauthorized use of containers. Itshall be unlawful for any person to dispose of refuse or industrial waste in any commercial refuse container unless such person has contracted with the City of Sanford for the use of the refuse container or the person has been given authority to use the refuse container by the person who has contracted with the City of Sanford for the use of the refuse container. Any person found guilty of violating this provision shall be punished by a fine of not more than fifty dollars ($50.00). (b) Sharing of containers. Where determined by the Public Works Director, establishments may be allowed or required to share the use of refuse containers provided by the City of Sanford, provided, however that each such establishment shall pay a minimum fee of eleven dollars and ninety-six cents ($11.96) per month. (c) It shall be unlawful for any unauthorized person to remove any refuse from an approved refuse container, or to remove recyclable materials from a recyclable material container. Any person found guilty of violating this provision shall by punished by a fine of not more than one hundred dollars ($100.00) per violation. (d) It shall be unlawful for any person to enter and or be inside of any commercial refuse container furnishedby the City of Sanford. (e) For purposes of this subsection, it shall be prima facie evidence that a refuse container is a commercial refuse container furnished by the City of Sanford if it bears one or more of the following sets of words on its exterior surface: (1) "Cityof Sanford" (2) "Tow Away Zone Cars blocking this container Will be Removed at owners expenses" (3) "$50 Fine for Unauthorized Use" (4) "$50 Fine For dumping Household garbage in this container" (f) No arrest shall be made for trespass in refuse containers if at the time of the suspected violation the person demonstrates that he is an employee of the City of Sanford Public Works Department acting within the course and scope of the duties of his employment. Sec. 11-9. Carrying offensive matter through streets. No person shall carry through the streets of the city any swill or garbage without having the same placed in watertight vessels with close-fitting covers, so that the same shall not overflow, leak or emit offensive or disagreeable odors. (Code 1954, 11-10) Sec. 11-10. Scattering of refuse. No person shall deposit on any of the streets, gutters or sidewalks within the city any sweepings of any stores, dwelling, offices, shops or booths, or any paper, hair, chips, bones, 'peelings, straw or rubbish of any kind. No person shall cast, place sweep, or deposit anywhere within the city any refuse in such a manner that it.may be carried or deposited by th~ elements upon any street, sidewalk, alley, sewer, parkway or other public place or into any premises within the city. All commercial establishments must provide a means of securing trash so as to eliminate wind-driven debris and to eliminate unsightly litter conditions in and about the establishment. (Code 1954, 11-11; Ord. No. 1468, 5, 4.23-79) Sec. 11-11. Failure to comply with chapter, rules and regulations. Any person or any housekeeper or storekeeper, or the owner or occupant of any premises within the city limits, or their agents, servants or employees, who shall have, keep, hold or offer for collection garbage, refuse or industrial waste in any manner other than as provided in this chapter, or as provided by the rules and regulations of the City Manager, or who shall have, keep, manage, collect or offer for collection any garbage, refuse or industrial waste in such manner as to render the air or soil impure or unwholesome, or in any such manner as to cause the premises on which such garbage, refuse or industrial waste is held, managed, kept, collected or offered for collection, or~any premises adjacent thereto, to become littered or unsightly or dirty or unwholesome, or who in any manner violates the provisions of this chapter, shall upon conviction in the county court be punished for each offense as provided by section 1.8 of this Code. (Code 1954, 11-12) Sec. 11-12. Schedule of solid waste collection fees. There is hereby imposed a solid waste collection fee, the term "solid waste collection" includes collection of garbage, refuse and recyclable materials as defined in section 11-1 herein. The amount of said fee shall be in accordance with the following schedule: (a) For each "single-family residence" which term shall embrace only a single building and it's premises for single-family occupancy, and exclude any rental occupancy other than single-family, each "church", each "lodge", which term shall embrace only nonprofit, fraternal organizations maintaining buildings for their lodge purposes and each "nursery", such term embracing only educational buildings used for instruction of children of pre-public school age, the fee to be paid to the city for garbage and refuse collection service shall be ten dollars and ninety-five cents ($10.95) per month and the fee to be paid to the City for recyclable materials collection shall be one dollar and seventy- one cents ($1.71) per month; Provided that residential uses such as lodges, churches and nursery's that generate volumes of solid waste in excess of that allowed for residential uses as specified in Section 11-2 shall be designated to be commercial establishments and shall be charged fees according to the rates for commercial establishments as specified in Section ll-12.(d) herein. (b) For each multiple-residential use, including, but not limited to, duplexes, apartments, quarters or comb- ination thereof: (c) (d) (1) The fee to be paid to the City for multiple- residential garbage and refuse collection service shall be six dollars and eighty cents ($6.80) per month per family dwelling unit and the fee to be paid to the City for recyclable materials collection shall be one dollar and seventy-one cents ($1.71) per month per family dwelling unit. "Quarters" occupancy is defined as several single- family rental buildings of one ownership on the same premises and services as to other utilities through a single utility meter or bill. (2) Any multiple-residential use which, in the judgement of the Public Works Director, can be serviced with City provided commercial collection containers, are hereby declared to be commercial establishments and the fee to be paid to the City shall be at the rate of eleven dollars and ninety- six cents ($11.96) per cubic yard per month. Suc~ multiple-residential uses shall be regulated in accordance with the terms provided in this chapter providing regulations and rules for the operation of commercial establishments. Refuse Collection Fee Waiver, Customer Charge - There shall be a monthly customer charge for each account. The monthly charge will be the monthly charge outlined in the Sanford City Code Section ll-12.(a) & (b), with the exception of those persons and families that meet the City of Sanford's poverty guidelines which are hereby defined as person or persons whose income is at or below the level of twenty-eight percent (28%) of the the median household income for this area as defined by the U. S. Department of Housing and Urban Development's most recently released data. Said person or persons meeting the City of Sanford's poverty guidelines, subject to proper application for assistance and proper documentation of income verification, shall receive free solid waste and recycling pick-up. Proper documentation shall consist of Social Security income statements, State of Florida Department of Health & Rehabilitative Services income statements, the person or persons most recent U. S. Internal Revenue Service Income Tax return and/or other documentation the City Manager shall judge sufficient to verify income. For commercial establishments, which shall include motels, hotels, manufacturers, retail and wholesale establishment, general offices and all other places wherever solid waste may accumulate and which are not described herein as residential. (1) Containers furnished by the City. Where, in the judgement of the Public Works Director, commercial refuse service can be furnished using City provided containers, such containers shall be 11-12.1 (a) furnished by the.City and a fee of eleven dollars and ninety-six ($11.96) per cubic yard of solid waste per month shall be charged, subject however, to a minimum fee of eleven dollars and ninety-six cents ($11.96) per month. (2) Containers provided by the user. Where, in the judgement of the Director, commercial refuse collection service can be furnished without the use of city-furnished containers, a fee of eleven dollars and ninety-six cents ($11.96) per cubic yard of solid waste per month shall be charged, subject however, to a minimum fee of eleven dollars and ninety-six cents ($11.96). (3) Compacted refuse. Where the collection of compacted refuse is acceptable by the Directori. the fee shall be eleven dollars and ninety-six cents ($11.96) per cubic yard of solid waste per month, plus a fee which shall be determined by an agreement between the establishment and the Director and shall be sufficient to cover the costs of the service rendered, subject to appeal to the City Manager and the City Commission. (4) Waiver of fees. The Public Works Director shall have the authority to waive the refuse collection fee(s) provided for herein should an investigation reveal that a commercial establishment does not generate any refuse and thereby does not require refuse collection service by the City of Sanford. If at any time during a billing period, it becomes necessary to provide refuse collection service to a commercial establishment, the commercial establishment will be billed as though it had utilized the refuse collection service for the whole billing period. This subsection shall not be construed to allow any person to violate any provisions of this or any other Chapter of City Code of the City of Sanford. Commercial solid waste collection regulations. Collection frequency. Hotels, restaurants and all other businesses and institutions shall enter into an agreement with the City of Sanford, Public Works Department, Solid Waste Division for the frequency of refuse collection. Where necessary to protect the public health, the Director shall have the authority to require that more frequent refuse collections be made. (b) Approved commercial/business containers. (1) Furnished by City. Where deemed necessary by the Director, the City will furnish a refuse container to the user subject to his compliance with the rules and regulations governing use of City owned refuse containers. (2) Furnished by user. Where deemed necessary by the Director due to volume, weight, or content of refuse, the user may be required to furnish a container, the type and use of which may be specifiedby the Director. (3) Recyclable Material Container. Recyclable material shall be placed only in containers, as defined herein, or otherwise contained or baled. (c) Location of commercial/business containers for collection. (i) Location of container. Location of refuse collection containers serviced by the City, its designated agents, licensees, contract representatives or franchisees shall be designated by the Public Works Director. (2) Changes of Location. Once the refuse collection container location has been established, no change of location is permissible without the approval of the Director. (3) Refuse collection container location requirements. The owner-occupant of the establishments needing refuse container collection shall provide location(s) for the placement of refuse container(s) that meet the container requirements as required by the Director and other safety and accessibility standards as determined by the Director. All costs arising from the preparation of the refuse container sites and safe access routes shall be paid by the owner-occupant. (Code 1954, ll-12.1;Ord.No. 955, 1, 10.1-68; Ord. No. 1013, 1, 2.8-71; Ord. No. 1089, 1, 9-11-72; Ord. No. 1244, 1, 8-26-74; Ord. No. 1391, 1, 8-22-77; Ord. No. 1565, 1, 8-10-81; Ord. No. 1648, 1, 7-11-83; Ord. No. 1729, 1, 11-26-84; Ord. No. 1752,1, 4-22-85; Ord. No. 1996, 2, 1-9-89; Ord. No. 2055,1, 8-28-89) Cross ref. - Water service rates, 28-24; sewer rates;28-25. Sec. 11-13. Billing. The monthly fees provided for in section 11-12 shall be billed on the monthly city service statements issued by the city and such refuse collection fee shall be itemized separately on such statement. (Code 1954, 11-12.2) Sec. 11-14. When bills payable; procedure upon failure to pay. The refuse collection fee provided for in section 11-12 shall be paid within ten (10) days after date of mailing the statement, as stamped thereon, or such collection service shall be discontinued until such fees shall be paid in full. Service shall be resumed thereafter only on payment of the accumulated fees for the period of collection and the period of non- collection, unless after investigation by the City Manager, it shall appear that such fee or any part thereof for the period of non-collection should be waived. (Code 1954, 11-12.3) Sec. 11-15. Construction waste. It shall be the duty of every occupant or owner of property to be responsible for the collection and hauling of trash, discarded building material, dirt, rock, concrete, plaster, lumber, metal or other like material originating from private property preliminary to, during, or subsequent to the construction of new buildings, walls, or driveways, alteration or additions to existing buildings of whatsoever type, walls or driveways. (Ord. No. 1468, 6, 4-23-79) Sec. 11-16. Motor vehicle tires. If any occupant or owner has more than four (4) motor vehicle tires for refuse collection in any six-month period, the pickup of any such excess number of tires shall be considered special handling and a fee, sufficient to cover the costs of the service, shall charged as determined by the Public Works Director, subject to appeal to the City manager and the City Commission as provided in this chapter. (Ord. No. 1468, 8, 4-23- 79) 11-17. Recycling program established. There is hereby established a "Recycling Program" within the City of Sanford. The recycling program is intended to encourage the collection, re-use and reduction of solid waste materials that are disposed of in sanitary landfills, for the enhancement of the environment for people of Sanford and to meet the requirements of the State of Florida, Department of Environmental Regulation. The program shall consist of a minimum of the following methods; Operation of routes sufficient to allow all persons or groups of persons within the limits of the City of Sanford to offer for collection materials that are determined by the Public Works Director to be recyclable, Operation of routes and facilities sufficient to allow for re-use and/or reduction of yard waste and other organic materials that are determined by the Director to be suitable for composting or reduction or re-use, Operation of educational and/or motivational programs and promotions to encourage voluntary citizen participation in the recycling program made available herein. (a) Those customers who voluntarily participate in the recycling program established hereby shall separate' such recyclable materials as designated by the Director from other garbage or refuse and place the recyclable material in the containers furnished by the Public Works Department or in other containers as may be determined, by the Public Works Director or this chapter to be suitable. The containers shall be placed at the street curb or curbline for collection according to a schedule to be determined by the Director. (b) Recyclable material containers. Putrescible materials shall not be placed in the designated containers provided by the City for collection of recyclable material. Only recyclable material designated by the Director shall be placed in the designated containers provided by the City. (c) Recyclable Material. All recyclable material designated by the Director shall be separated from refuse and be placed in the designated containers furnished by the City to the residential or commercial user; provided, however, that if the recyclable materials are too numerous to fit in to the designated containers furnished by the City, the recyclable material may be stacked and bound with a non-metallic substance (e.g., rope, string, or plastic), or placed in a large brown paper bag or plastic bag. (1) Ownership of Recyclable Material. From the time of placement for collection by the City of Sanford, any recyclable material, pursuant to the program established hereby and the rules and regulations issued hereunder, such materials shall become and be the property of the City of Sanford. Furthermore, it shall be a violation of this ordinance for any person (other than authorized personnel of the City of Sanford) to collect, pick-up, or cause to be collected or picked up, any such recyclable material. (2) Weight of Recyclable Material. There shall be no weight limit on recyclable material placed in the plastic containers furnished by the City. If the recyclable material is stacked and bound then each stack of recyclable material shall not exceed forty (40) pounds in weight. (d) Collection of Recyclables by person(s) other than the Solid Waste Division of the Public Works Department. (1) It shall be unlawful for any person to engage in the business of collection of recyclable material generated at commercial establishments within in the City of Sanford , without that person(s) first making written application for and obtaining the appropriate occupational license and registering with the City of Sanford Public Works Department. (2) Registering to engage in the business of collection of recyclable material.shall be on a form provided by Director. The application must be submitted to the Director at least ten (10) calendar days prior to the proposed commencement of service. Registration is valid for one (1) calendar year from the initial registration date. SECTION 2: That this Ordinance shall be codified and made a part of the City Code of Ordinances. SECTION 3: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. SECTION 4: conflict herewith be and the same are hereby revoked. That all ordinances or parts of ordinances in SECTION 5: That this ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this 1991. ATTEST: day of ~ , A.D. CITY OF SANFORD, FLORIDA