Ordinance 79-2157ORDINANCE NO. 79-2157
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14A
OF THE CITY CODE BY CREATING A NEW SECTION
DESIGNATED 14A-3.1; ESTABLISHING MINIMUM
REQUIRED TEMPORARY GARBAGE STORAGE CAPACITY
FOR VARIOUS TYPES OF PREMISES WITHIN THE CITY;
ESTABLISHING METHODS OF PROVIDING SAID MINIMUM
CAPACITY; PROVIDING PENALTIES; REPEALING ALL
ORDINANCES IN CONFLICT AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Miami Beach,
Florida, finds that there are many instances throughout the City
where due to an inadequate number or inadequate size of garbage
or trash containers, garbage and trash is being stored pending
collection in no can or container or in inadequate cans and
containers; and
WHEREAS, the City Commission finds that said condition
is unsafe and unsanitary and detrimental to the health, safety
and welfare of the residents of the City of Miami Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: That the City Code of the City of Miami Beach,
Florida be and the same is hereby amended by
creating a new section to be designated Section 14A-3.1 which shall
immediately follow Section 14A-3 which shall read as follows:
Section 14A-3.1 Minimum Capacity Requirements for Various
Types and Uses of Occupancy. (a) It shall be the responsi-
bility of the owner of every premise, structure or building
in the City of Miami Beach to provide temporary garbage
and trash storage through the use of garbage cans or garbage
containers or trash containers until collection by City
personnel or a licensed garbage or trash hauler.
(b) Every owner shall provide sufficient temporary
garbage or trash storage by providing cans or containers,
complying with the provisions of this Chapter, having at
least the capacities set forth below:
Type of Use Minimum Capacity
Dwelling Units
Single -Family 25 gallons per 1000 square feet of
floor area.
Duplex and/or Multiple Family
Hotels and Motels
with cooking facilities
without cooking facilities
x XXXXyX
25 gallons per 1000 square feet of
total footage of all units, exclud-
ing common areas of building
25 gallons per 1000 square feet of
total footage of all units, exclud-
ing common areas of building
10 gallons per 1000 square feet of
total footage of all units, exclud-
ing common areas of building
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
4
In the event an owner uses containers the volume of which
is measured in cubic feet or yards the foregoing require-
ment shall be computed by assuming that one gallon equals
.133 cubic feet.
(c) The minimum capacity required above may be supplied
by providing garbage cans or containers or trash cans or con-
tainers of sufficient size and number as are required to
hold the minimum capacity indicated above and providing for
same to be emptied at least once a week or by providing cans
or containers of lesser sizes or number provided that same
are emptied on a regularly scheduled basis more frequently
than once a week; and that the product of the capacity of the
containers provided multiplied by the number of times per
week the containers are emptied is equal to the minimum
capacity requirements set forth in Sub -Section (b). Minimum
capacity requirements may also be met through the use of a
garbage or trash compacter in which event the minimum
required capacity of the actual cans or containers provided
shall be reduced in the same ratio as the compacter is
capable of reducing the bulk of garbage or trash, as certified by
its manufacturer.
(d) Where the minimum capacity requirements of this
Section are met through the use of collections on a basis
more frequent than once a week or through the use of a trash
or garbage compacting device the owner of the premises shall,
if requested by the Sanitation Division Supervisor of the
City of Miami Beach or by such other person as is charged
by the City Manager with responsibility for enforcing this
Section, provide proof of the frequency of trash and
garbage collections, or in the case of a compacting device,
the manufacturers'brochures or certifications indicating
its capacities. In the event such proof is not provided
when requested it shall be presumed that the capacity
supplied is that of the containers provided and that said
containers are emptied on a basis no more frequent than
once a week.
(e) Violators of this Section shall be subject to
fine and penalty as provided under Section 14A-5.3 of the
City Code and under Section 28 of the City Charter
(Ordinance No. 78-2117, §1).
SECTION 2: All Ordinances or parts of Ordinances in conflict be
and the same are hereby repealed.
SECTION 3: This Ordinance shall go into effect upon its passage
in accordance with law.
PASSED and ADOPTED this 16th day of May , 1979.
Attest:
//e1&64,
City Clerk
1st Reading - May 2, 1979
2nd Reading - May 16, 1979
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The foregoing was prepared at the
request of Commissioner Elayne Weisburd.
ayor
-2-
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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