C4P-Ref- NCAC - Amend Recycling Ordinance Change Number Of Multifamily Units -L~ MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy Morales; City Manager
FROM: Jerry Libbin, Commissioner
DATE: September 3, 2013
SUBJECT: Referral item for the September 11, 2013 Commission meeting
Please place on the September 11th Commission agenda, a referral item to the
Neighborhood/Community Affairs Committee regarding the attached Recycling
Ordinance Amendment recommended by the Sustainability Committee. The
amendment changes the number of multifamily units required to recycle from nine or
more units to two or more units.
Please contact my office at ext. 7106 if you have any questions.
Attachment
JL/er
We ore commilled lo prO'<iding exoolknl public seMce and sole•y lo all who live-, work, and play in ou1 vibrcml, lropical, hi;;toric communi!).•.
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Agenda Item ---=t:..=-'1-'--P~
Date f-11-1'3
ORDINANCE NO.--------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA. AMENDING CHAPTER 90 OF THE MIAMI
BEACH CITY CODE, ENTITLED usOLID WASTE," BY AMENDING
ARTICLE V, ENTITLED ''CITYWIDE RECYCLING PROGRAM FOR
MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS,"
BY AMENDING SECTION 90-340, ENTITLED 11 RECYCLING PROGRAM
AND SEPARATION OF RECYCLABLE MATERIALS FROM SOLID WASTE
STREAM REQUIRED FOR MULTIFAMILY RESIDENCES OF NINE (9)
DWELLING· UNITS OR MORE; OWNER/ASSOCIATION LIABILITY;
RECYCLING CONTRACTORS' ASSISTANCE," TO APPlY TO
MULTIFAMILY RESIDENCES OF TWO (2) OR MORE DWELLING UNITS;
PROVIDING FOR REPEALER SEVERABILITY, CONDIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the recycllng of recyclable materials Is in the best interest of the
environment, City residents, and In maintaining the City's prominence as a world class resort
destination; and
WHEREAS, by managing solid waste and conserving material resources through
reduction, reuse, and recycling, the City will help minimize Impacts to the quality and safety of
the local environment, reduce costs of waste disposal, and decrease the carbon footprint
associated with the production use, and disposal of materials; and
WHEREAS, pursuant to the adoption Ordinance No. 2012-3768 (the "Ordinance"), the
City established a Cltyvvide Recycling Program far multifamily residences with nine (9) dwelling
units or more and commercial establishments that provides standards that are equivalent to or
exceed the minimum recycling requirements of Miami-Dade County; and
WHEREAS, multifamily residences with eight (8) or less dwelling units are not currently
required to provide a recycling program or to use a single stream recycling process under the
Ordinance; and,
WHEREAS, at the July 19, 2013 City Commission meeting, it was requested that the
Commission consider the Sustainability Committee's recommendation to include residences
that are between two (2) and eight (8) units within the requirements of the Ordinance.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article V, entitled "Citywide Recycling Program for Multifamily Residences
and Commercial Establishments,~ of Chapter 90 of the Miami Beach City Code, entitled "Solid
Waste," is hereby amended as follows:
199
CHAPTER 90
SOLID WASTE
ARTICLEV.
CITYWIDE RECYCLING PROGRAM FOR
MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS
*
Sec. 90~340. Recycling program and separation of recyclable materials from solid waste
stream required for multifamily residences of fline {9} d!!Jelling w11its er R'I9Fe two (2) or
more dwelling units; owner/association liability; recycling contractors' assistance.
(a) As of January 1, 2013, every multi-family residence of nine (9) d•Nelling ~:~nits eF
ffi&Fe two {2) or more dwelling units shall provide a recycling program pursuant 1o this section or
a City approved modified recycling program pursuant to section 90-344. The property owner
shall be liable for the failure to provide a recycling program or a modified recycling program
approved by the City, provided, however that a condominium or cooperative apartment having a
condominium association or a cooperative apartment association shall be liable, rather than the
individual uni1 owner(s), for a violation of this subsection. Further, recycling contractors shall
assist and provide written notice to the director of public works in identifying multifamily
residences subject to this article which do not have a recycling program or, in the altemative,
which have allowed a recycling program to lapse or expire.
(b) As oi' January 1, 2013, every multi-family residence of nine (Q) El•,,•elllng ~nits er FAere ·
two {2) or more dwelling units shall be required to use a single stream recycling process to
separate, from all other solid waste, the five (5) following recyclable materials:
1) Newspaper. Used or discarded newsprint, including any glossy inserts;
2) Glass. Glass jars, bottles, and containers of clear, green or amber {brown) color
of any si2:e or shape used to store and/or package food and beverage products
for human or animal consumption, and/or used to package other products,
which must be empty and rinsed clean of residue. This term excludes ceramics,
window or automobile glass, mirrors, and lightbulbs;
3) Metal food and beverage containers. All ferrous and nonferrous (i.e., including,
but not limited to, steel, tin-plated steel, aluminum and bimetal) food and
beverage containers (i.e., Including, but not limited to, cans, plates, ar.d trays) of
any size or shape used to store and/or package food and beverage products
suitable for humah or animal consumption, which must be empty and rinsed
clean of residue;
4) Other metal containers. All other ferrous and non ferrous containers used tq
package household products including, but not limited to, paint cans and aerosol
cans, which must be empty and rinsed clean of residue;
5) Plastics. All high density polyethylene (HDPE) and/or polyethylene terephthalate
{PET) bottles, jugs, jars, cartons, tubs, and/or other containers, and lids, of any
size or shape used to package food, beverages, and/or other household
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products, or crankcase oil, which must be empty and rinsed clean of residue.
This term excludes all plastic film, plastic bags, vinyl, rigid plastic (i.e., toys), and
plastic foam materials; and
(c) Every multi-family residence of nine (9) dwelling units or more two (2) or more
dwelling units shall be serviced by a recycling contractor licensed by the city and state.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall In no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and It is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to 11Section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the __ day of-------' 2013.
PASSED and ADOPTED this __ day of-------' 2013.
ATIEST:
RAFAEL E. GRANADO, CITY CLERK
MAYOR MATTI HERRERA BOWER
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
(Sponsored by Commissioner Jeny Ubbln) ~..a 1~
Underline denotes additions and Strike throue~ denotes deletions.~torney ~
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