Ordinance 78-2117 ORDINANCE NO. 78-2117
AN ORDINANCE AMENDING ARTICLE II , CHAPTER 14A, OF THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, BY ADDING NEW SECTIONS
THERETO PROVIDING FOR AND GOVERNING THE COLLECTION AND DISPOSAL
OF GARDEN AND RELATED TRASH.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION I : That Article II , Chapter 14A, of the Code of the City of Miami
Beach be and the same is hereby amended by adding immediately
after Section 14A-5 the following additional sections to be numbered and
to read as follows:
"Section 14A-5. 1 . Definitions.
Garden trash. All accumulation of lawn, grass, or shrubbery cuttings
or clippings and leaf rakings, free of dirt, rock, large branches, and
bulky or noncombustible materials which can be containerized.
Tree and shrubbery trash. Accumulation of tree branches, tree limbs,
parts of trees, bushes, shrubbery which are up to three inches in diameter
and do not exceed four feet :in length, too large to be containerized and
requiring bundling and tying.
Special handling trash. Accumulation of tree branches, tree limbs, parts
of trees, bushes, shrubbery which are over three inches in diameter and
not exceeding four feet in length, too large to be containerized or
bundled and tied and including furniture, refrigerators, stoves, mat-
tresses and other bulky items of household trash.
Regulated stash area. A disposal site maintained by the City where garden
trash and tree and shrubbery trash may be deposited.
Landscape firm. Landscape architects, landscape contractors, landscape
maintenance firms doing business within the City of Miami Beach.
Section 14A-5. 2. Disposal of garden trash, tree and shrubbery trash
and special handling trash.
All property owners or occupants serviced by the City shall have two
options for disposal of their garden trash and tree and shrubbery trash.
Owners or occupants of property may either containerize garden trash or
bundle tree and shrubbery trash for City collection or the owner or
occupants may transport same material to regulated stash areas.
Material which is containerized or bundled shall be placed at curbside
no sooner than the evening prior to the scheduled collection day.
(a) City pickup procedures for garden trash or tree and shrubbery
trash.
1 . Garden trash as defined herein shall be placed into garbage
cans, plastic bags, or other weatherproof containers strong
enough to support the weight of the material but not to exceed
50 pounds, which is to be placed curbside for the City to pick
up on regular collection day.
2. Tree and shrubbery trash as defined herein shall be tied in
bundles with material strong enough to support weight of bundle.
Said bundle is not to exceed 50 pounds and is to be left at the
curb for the City to pick up on regular collection day.
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(b) City pickup procedure for special handling trash.
Special handling trash as defined herein will be collected by
the Sanitation Department only from City-serviced garbage
accounts scheduled on a mutually agreed date with the account
and in accordance with paragraph (c) 4 below.
(c) Use of regulated stash areas by property owners or occupants
and/or landscape firms.
1 . Regulated stash areas are restricted to use by property
owners or occupant and their landscape firms doing business
within the City of Miami Beach boundaries holding a City of
Miami Beach dumping permit.
2. Dumping of any material other than garden trash and tree and
shrubbery trash in City regulated stash areas is prohibited.
3. Loitering, salvaging and vandalism by any person at regulated
stash areas is prohibited.
4. Special handling trash is prohibited from being dumped at
regulated stash areas. Special handling trash generated by
property owners or occupants will be scheduled for pickup by
the Sanitation Department. Special handling trash generated by
landscape firms shall be disposed of by such firm at a suitable
disposal site outside the City of Miami Beach.
5. Any single commercial dumping of garden trash and tree and
shrubbery trash in excess of five cubic yards is prohibited.
6. A regulated stash area dumping permit is required by any
landscape firm utilizing regulated stash areas. Application for
dumping permit is to be made to the City's Sanitation Department.
Decal permits will be issued free of charge on a quarterly basis.
The decal permits shall be conspicuously affixed to all vehicles
used by landscape firms in transporting trimmings and cuttings to
regulated stash areas.
Landscape firms shall register quarterly with the Sanitation
Department for completion and/or updating of permit application
which will require: number of Miami Beach accounts, identifica-
tion of accounts, average number of loads dumped per month and
applicable occupational license. Temporary one-time permits for
dumping at regulated stash areas shall be issued to those firms
doing occasional business in the City. Permits shall be revocable
by Sanitation Department Director for violations of ordinances and
policies governing stash area use. Penalties shall range from
temporary to permanent suspension of dumping privilege dependent
on the nature and frequency of violations.
7. Landscape firms are required to dispose of all garden and
related trash generated by them while doing business in the City
of Miami Beach at either a regulated stash area or at a disposal
site outside the City, dependent on the nature of garden and
related trash 'generated.
Section 14A-5.3. Penalties.
The existence of trash, as defined in Section 14A-5. 1 , shall be prima facie
evidence that the same was created or placed there by the occupant of the
residence or the owner of the property, if the same be vacant. The Director
of the Sanitation Department is hereby authorized to designate inspectors
who shall be authorized to issue appropriate notices and citations directed
to such occupant or owner requiring removal of said trash or compliance
with the provisions of Sections 14A-5.2 and 14A-5.3 within 24 hours follow-
ing service of such citation. If said trash is not removed within 24 hours,
the City shall remove the same and charge the occupant or owner of the
premises in question, on a force account basis, charging actual costs to
the occupant or property owner, and in the event of failure to pay said
charge within 30 days, a proper and appropriate claim of lien against the
said property shall be filed with the Clerk of the Circuit Court of Dade
County in the manner and with the effect provided for in Section 14A-11 of
this Chapter. Violators of Sections 14A-5.2 and 14A-5.3 shall also be sub-
ject to fine and penalty as provided under Section 28 of the City Charter."
SECTION 2. All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 3. This ordinance shall go into effect thirty days after its passage.
PASSED AND ADOPTED THIS 1st day of March, 1978.
4.41‘
Mayor
Attest:
77
City Clerk
1st reading - December 21 , 1977
2nd reading - March 1 , 1978
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