Title 382 · Chapter 382 - WASTE COLLECTION AND DISPOSAL SERVICE BY CONTRACTORS AND CITY
Chapter 382 - WASTE COLLECTION AND DISPOSAL SERVICE BY CONTRACTORS AND CITY
Section: 382
Sec. 380.613. - Severability. Chapter 386 - WASTE FLOW CONTROL Chapter 382 - WASTE COLLECTION AND DISPOSAL SERVICE BY CONTRACTORS AND CITY[1]
Footnotes: --- (1) ---
Cross reference— Solid waste management, Ch. 380; waste flow control, Ch. 386.
State Law reference— Resource recovery and management, F.S. § 403.702 et seq.; solid waste management fees, F.S. § 403.7049; local government solid waste responsibilities, F.S. § 403.706.
State rule reference—Solid waste, F.A.C. Ch. 62-701 et seq.
PART 1. - GENERAL
Sec. 382.101. - Generally.
(a)
The City shall provide commercial and residential solid waste collection and disposal services by contract pursuant to this Chapter within the territory to which this Chapter applies, except as otherwise provided in Part 4.
(b)
The City shall provide, by separate contracts, for the collection of curbside recycling and recyclable materials, white goods and compost as it becomes necessary to collect and dispose of such materials.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1; Ord. 90-286-97, § 1)
Note— Former § 617.101.
Sec. 382.102. - Definitions.
As used in this Chapter:
(a)
Annual rate of compensation means the amount of money for each residential premises to be paid by the City to a contractor for waste collection and disposal services to be rendered by the contractor to the residential premises.
(b)
Reserved.
(c)
Contractor means a person applying for a contract to provide or providing waste collection and disposal services to the City as described in this Chapter.
(d)
Curbside means the area within five feet of the edge of the traveled portion of a public or private street affording reasonable access to waste collection vehicles, but only the portion thereof as lies on the roadway side of a drainage ditch.
(e)
Department means the Solid Waste Division.
(f)
Duplex, triplex, or quadraplex means a lot or parcel of land which is improved for occupancy by two, three or four housekeeping units, respectively.
(g)
Garbage means every accumulation of animal, vegetable or other matter that attends the preparation, consumption, decay, dealing in or storage or meats, fish, fowl, birds, fruit or vegetables or any other putrescible matter, including animal feces, and also including cans, containers or wrappers along with the materials.
(h)
Measure of contract compensation means the maximum amount of money to be paid annually by the City to a contractor for rendering waste collection and disposal service to a specified service area.
(i)
Multifamily residential premises means a building or complex or buildings on a single parcel of land divided horizontally or vertically and designed for or occupied by more than four housekeeping units.
(j)
Premises means every lot or parcel of land which is improved for occupancy, excluding residential premises and multifamily residential premises.
(k)
Residential condominium means that form of ownership of real property created pursuant to F.S. Ch. 718 which is comprised of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements in which units are intended for use as a permanent residence and in which the owner or owners of such residential condominium claim a homestead exemption in reference to such residential condominium.
(l)
Residential premises means every lot or parcel of land which is improved for occupancy as a single-family housekeeping unit, or a duplex, or a triplex, or a quadraplex.
(m)
Residential waste means an accumulation of garbage, trash and rubbish usual to housekeeping and generated solely by residents in the ordinary course of residential occupancy of a premises, excluding automobile bodies and parts. It shall also include that waste collected from multifamily residential customers and commercial establishments, both as specified in Section 382.402.
(n)
Rubbish means every accumulation of paper, excelsior, rags, wooden and paper boxes or containers, sweepings and all other accumulations of materials, other than garbage, which are usual to household keeping and to the operation of stores, offices and other business places, and also bottles, cans or containers.
(o)
Solid waste or waste means garbage, trash and rubbish, or any combination thereof.
(p)
Special service means an additional convenience or service to the customer which increases the cost of service and is not a service required to be provided pursuant to this Chapter.
(q)
Yard trash means vegetative matter resulting from landscaping maintenance or land clearing operations and includes materials such as shrub trimmings, grass clippings, palm fronds, trees and tree stumps.
(r)
Garbage receptacle means one of the following types of containers:
(1)
A container of not more than 32 gallons nor less than twelve-quart capacity which is:
(i)
Free from jagged and sharp edges,
(ii)
Free from inside structures, such as inside bands or reinforcing angles, which would prevent free discharge of the contents.
(iii)
Watertight and of impervious material, and
(iv)
Provided with a tight-fitting cover to protect the contents from flies, insects, rats and other animals.
(2)
A wet-strength Kraft paper bag of not more than four cubic feet capacity having such characteristics, markings and method of securing as are prescribed by regulation of the Department.
(3)
A plastic bag having an inside circumference of at least 40 inches and not more than 60 and one-half inches and an inside length of at least 22 inches and not more than 37½ inches, and having such characteristics, markings and method of securing as are prescribed by regulation of the Department.
(s)
Volume reduction means incinerating, pulverizing, compacting, shredding, baling, composting and other means which process solid waste for recycling or disposal.
(t)
Equivalent residential unit means each separate dwelling unit in a multifamily residential premises, each separate business unit in a multibusiness building, each separate mobile home in a mobile home park and each separate small commercial premises, described in Section 382.402(a).
(u)
Multibusiness building means a building or complex or buildings on a single parcel of land divided horizontally or vertically and designed for or occupied by more than one business unit.
(Ord. 76-728-373, § 7; Ord. 81-673-324, § 1; Ord. 83-591-400, § 1; Ord. 87-656-609, § 1; Ord. 89-1168-679, § 12; Ord. 91-989-385, § 2; Ord. 91-1067-476, § 1; Ord. 94-144-121, § 13; Ord. 2012-545-E, § 1; Ord. 2025-30-E, § 16)
Note— Former § 617.102.
PART 3. - SELECTION OF WASTE COLLECTION AND DISPOSAL SERVICE AREAS AND CONTRACTORS
Sec. 382.301. - Designation of service areas.
There shall be three service areas. The service areas are as follows:
(a)
Service Area I. Commence at the southwest corner of Duval County at the intersection of the Duval County, Baker County and Clay County lines; thence northerly along the Baker County-Duval County line to the intersection of the Baker County, Duval County and Nassau County lines; thence northeasterly along the Duval County-Nassau County line to the centerline of New Kings Road (U.S. 1); thence southeasterly along the centerline of New Kings Road to the southerly right-of-way of Interstate 295; thence northeasterly along the southerly right-of-way of Interstate 295 to the center of Trout River; thence easterly along the center of Trout River to the centerline of Lem Turner Road; thence southeasterly along the centerline of Lem Turner Road to the centerline of Soutel Drive; thence southwesterly along the centerline of Soutel Drive; thence southwesterly along the centerline of Soutel Drive; thence southwesterly along the centerline of Soutel Drive to the centerline of Ribault Avenue; thence southerly along the centerline of Ribault Avenue to the center of Ribault River; thence southwesterly along the center of Ribault River to the centerline of Moncrief Road; thence southeasterly along the centerline of Moncrief Road to the centerline of Cleveland Road; thence southerly along the centerline of Cleveland Road to the centerline of Edgewood Avenue; thence southwesterly along the centerline of Edgewood Avenue to the centerline of New Kings Road; thence southeasterly along the centerline of New Kings Road to the northwesterly boundary of Urban Services District One; thence southerly along boundary of Urban Services District One to the center of the St. Johns River; thence southerly along the center of the St. Johns River to the Duval County-Clay County line; thence westerly along the Duval County-Clay County line; thence westerly along the Duval County-Clay County line to the point of beginning; excepting that part lying within Urban Services District Five.
(b)
Service Area II. Commencing at the intersection of the centerline of New Kings Road and the Nassau County-Duval County line; thence northeasterly along the Nassau County-Duval County line; thence easterly along the Nassau County-Duval County line to the mean high water line at the Atlantic Ocean to the centerline of the St. Johns River thence meander westerly along the centerline of the St. Johns River to the north property line of the U.S. Naval Station Mayport; thence westerly then southerly then easterly along the property line of U.S. Naval Station Mayport to the western property line of the City of Jacksonville Kathryn Abby Hanna Park; thence southerly along the western property line of Kathryn Abby Hanna Park to the boundary line of Urban Services District Two; thence westerly and southerly to the centerline of Atlantic Boulevard; thence westerly along centerline of Atlantic Boulevard to the centerline of the Pottsburg Creek; thence meander southerly along centerline of Pottsburg Creek to the centerline of Beach Boulevard; thence westerly along centerline of Beach Boulevard to the centerline of University Boulevard; thence northerly along centerline of University Boulevard to the centerline of Atlantic Boulevard; thence westerly along centerline of Atlantic Boulevard to the center of Little Pottsburg Creek; thence northwesterly along center of Little Pottsburg Creek to the easterly boundary of Urban Services District One; thence northerly and westerly along the easterly boundary of Urban Services District One to the centerline of New Kings Road; thence northwesterly along centerline of New Kings Road to the centerline of Edgewood Avenue; thence northeasterly along centerline of Edgewood Avenue to the centerline of Cleveland Road; thence northerly along centerline of Cleveland Road to the centerline of Moncrief Road; thence westerly along centerline of Moncrief Road to the center of the Ribault River; thence northeasterly along the center of the Ribault River to the centerline of Ribault Avenue; thence northerly along the centerline of Ribault Avenue to the centerline of Soutel Drive; thence northeasterly along the centerline of Soutel Drive to the centerline of Lem Turner Road; thence northwesterly along the centerline of Lem Turner Road to the centerline of Trout River; thence meander along centerline of Trout River to the southerly right-of-way of Interstate 295; thence southwesterly along the southerly right-of-way of Interstate 295 to the centerline of New Kings Road; thence northwesterly along centerline of New Kings Road to the point of beginning; excepting that part lying within Urban Services District Two, Three and Four.
(c)
Service Area III. Commencing at the centerline intersection of Atlantic Boulevard and Pottsburg Creek; thence easterly along centerline of Atlantic Boulevard to the centerline of the Intracoastal Waterway; thence meander southerly along the centerline of Intracoastal Waterway to the St. Johns County-Duval County line; thence westerly and southerly along the St. Johns County-Duval County line to the southeasternmost corner of Duval County; thence westerly along the St. Johns County-Duval County line to the centerline of the St. Johns River; thence meander northerly along the centerline of St. Johns River to the southerly boundary line of Urban Services District One; thence easterly along the southerly boundary line of Urban Services District One to the centerline of (State Road 13) Hendricks Avenue; thence southerly along the centerline of (State Road 13) Hendricks Avenue/San Jose Boulevard to the centerline of University Boulevard (State Road 109); thence easterly and northeasterly along centerline of University Boulevard (State Road 109) to the centerline of Phillips Highway (U.S. Highway 1); thence northwesterly along the centerline of Phillips Highway (U.S. Highway 1) to the centerline of (U.S. Highway Alternate 1) Emerson Street; thence northeasterly along the centerline of (U.S. Highway Alternate 1) Emerson Street to the centerline of Beach Boulevard (U.S. Highway 90); thence easterly along the centerline of Beach Boulevard (U.S. Highway 90) to the centerline Pottsburg Creek; thence meander northwesterly along the centerline of Pottsburg Creek; thence meander northwesterly along the centerline of Pottsburg Creek to the point of beginning; all situate, lying, and being in the General Service District of Duval County, Florida, excepting that part lying within Urban Services District Two, Three and Four.
(Ord. 76-728-373, § 7; Ord. 78-353-159, § 1; Ord. 83-591-400, § 1; Ord. 88-835-443, § 1; Ord. 95-246-105, § 1; Ord. 95-520-295, § 1)
Note— Former § 617.301.
Sec. 382.302. - Adjustment of service areas.
(a)
During each subsequent fifth contract year of each contract or extension, after giving at least 15 days' notice of a public hearing by publication one time in a newspaper of general circulation in the city, or via such other advertisement or notice method as permitted by law (e.g., a publicly accessible website), the Council shall conduct a public hearing to review the actual number of premises, the current rates of growth, and the projected number of premises in each service area, including the service area in Urban Services District 1 served by the City's Sanitation Division, and shall adjust the number or the boundaries of the areas in order that the projected number of premises at the beginning of the next contract term will be as equal in number as can reasonably be accomplished. The notice of public hearing shall include the date, time and place of the hearing and a general description of the matters to be heard by the Council. The public hearing may be held jointly with the public hearing required by Section 382.309(a).
(b)
Upon conclusion of the public hearing, the Council shall enact an ordinance making the necessary adjustment of the number or the boundaries of the service area, subject to the first sentence of Section 382.301. The ordinance shall become effective on October 1 of the following year.
(Ord. 76-728-373, § 7; Ord. 77-830-499, § 1; Ord. 83-591-400, § 1; Ord. 88-835-443, § 1; Ord. 95-246-105, § 8; Ord. 2023-187-E, § 10)
Note— Former § 617.302.
Sec. 382.303. - Advertising for new service contractors.
Whenever it shall be necessary to select a contractor for a contract not extended pursuant to the provisions of Section 382.308(l), or for a new service area, or for an area in which service is not being provided because of termination of the contract or for other reasons, the Council President shall call for the submission of applications no later than the month of January of the last year of the term of the current contracts, or within 30 days of the notice of termination of a current contract or within 30 days of the date upon which the Council determines that service is no longer being provided for any reason in a current service area by the current contractor. Application to provide the service may be submitted by an interested person who is not currently serving more than one service area, including contractors who fail to apply for extension of contracts or who are ineligible for extension of a contract because they have not held a contract for three years or who have been denied extension of a contract. The Council President shall direct the Chief of Procurement to publish one time in a daily newspaper of general circulation in the City at least 15 days before the closing date for filing applications a notice that the Council will receive sworn applications for a contract for each available service area. The notice shall include the following:
(a)
The service areas to be awarded.
(b)
The standards pursuant to Section 382.307(b) which the Council will consider when awarding the contracts.
(c)
That an original and two copies of each application must be submitted in accordance with this Chapter and that copies of this Chapter are available, upon request and payment of reproduction fees, from the Council Secretary.
(d)
That applications must be delivered to the Procurement Division no later than 5:00 p.m. on the date specified.
(Ord. 76-728-373, § 7; Ord. 77-830-499, § 2; Ord. 83-591-400, § 1; Ord. 85-1327-691, § 1; Ord. 88-835-443, § 1; Ord. 2021-55-E, § 2)
Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.
Note— Former § 617.303.
Sec. 382.304. - Filing of applications.
(a)
An original and two copies of each application for a contract must be filed. An applicant may apply for no more than two service areas.
(b)
Applications shall be delivered to the Procurement Division no later than 5:00 p.m. on the date specified in the notice and, upon receipt, shall immediately be delivered by the Procurement Division to the Council Secretary with a copy to the Manager of the Office of Administrative Services or his designee.
(c)
Applications shall be sworn before a notary public or other officer authorized to administer oaths in the following terms: I swear (or affirm) under the penalties of perjury that the information given in this application is true and correct.
(Ord. 76-728-373, § 7; Ord. 77-830-499, § 3; Ord. 83-591-400, § 1; Ord. 88-835-443, § 1; Ord. 2025-30-E, § 16)
Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.
Note— Former § 617.304.
Sec. 382.305. - Content of application.
Each application shall include the following:
(a)
The full name and address of the applicant.
(b)
The character of the organization, that is, whether a corporation, company, association, joint stock association, individual proprietorship, firm or partnership.
(c)
If a corporation, the full name and home address, social security number and date of birth of each officer and director, and a copy of its articles of incorporation and all amendments thereto.
(d)
The date the business was legally organized and, if now in business, the date of commencement of service to customers.
(e)
If the applicant is:
(1)
An individual, firm, association or partnership, the full name and home address, social security number and date of birth of all parties owning an interest in the applicant.
(2)
A partnership, a copy of the partnership agreement and all amendments thereto.
(3)
A corporation, the names and addresses of all the stockholders of the corporation and the percentage of the total stock held by each stockholder; and the full name, home address, social security number and date of birth of all stockholders of the corporation owning five percent or more of the common or preferred stock.
(f)
If the applicant is a partly or wholly owned subsidiary of another business entity, the latter entity's full name, business address and state of incorporation or organization, and the extent of the entity's ownership of the applicant. As to the latter entity, the full name, date of birth, home address and social security number of the owner if a proprietorship; of each partner if a partnership; or of each officer, director and person owning five percent or more of the common or preferred stock if a corporation, shall be provided. In addition, if the latter entity is a corporation, the names and addresses of all stockholders of the corporation shall be provided.
(g)
A detailed and audited statement of the financial condition of the applicant, prepared by a duly licensed independent certified public accountant, showing all assets and liabilities of every kind and character, including secured and unsecured debts, judgments, current indebtedness and all other liabilities.
(h)
A detailed and audited statement of profit and loss of the applicant prepared by a duly licensed independent certified public accountant, for the preceding calendar or fiscal year if the applicant has operated for that period.
(i)
If the applicant is a partly or wholly owned subsidiary of another business entity, the same information required by subsection (g) and (h) of this Section for to the latter business entity.
(j)
A detailed projected statement of operations for the applicant's next succeeding fiscal year, with supplementary information detailing the following:
(1)
A schedule of fixed assets, depreciation expense and reserve for depreciation which shall include a detailed list of all vehicles and equipment presently in use, including make, model, year, capacity, remaining service life and other pertinent data. The applicant shall also provide a detailed list of vehicles and equipment it intends to acquire in the event that the applicant is awarded a contract, together with its projected method of financing these additions.
(2)
A schedule of all personnel required to operate for the projected year, including supervisory and management personnel, including the job description, number of personnel and compensation for each classification.
(k)
Estimated number of residences to be served, with supportive data and method of determining the number of residences.
(l)
Data on the sanitary landfill site to be used at time of application including:
(1)
Location,
(2)
Landowner,
(3)
Operator,
(4)
Size (acres),
(5)
Remaining life (years),
(6)
Copy of certificate of public convenience and necessity issued by the Department, if operated by applicant, and
(7)
A statement of projected cost of operations for landfill and disposal.
(m)
Evidence of insurability by submission of a binder meeting the requirements of this Chapter.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1)
Note— Former § 617.305.
Sec. 382.306. - Public hearing on award of new contract.
Prior to awarding a contract pursuant to Section 382.307, the Council shall give 15 days' prior notice by publication one time in a newspaper of general circulation in the city, or via such other advertisement or notice method as permitted by law (e.g., a publicly accessible website), of a public hearing to be held by a committee of the Council designated by the Council to recommend to the Council which applicant shall be awarded the contract for waste collection and disposal service for the designated service area of the city. The notice shall state:
(a)
The date, time and place of the meeting,
(b)
That all interested parties may attend and be heard,
(c)
The factors specified in Section 382.307(b) to be considered by the Council in making the awards, and
(d)
That the meeting may be adjourned from time to time to a time certain until completed.
The public hearing shall be held prior to June 30, 1978 and every sixth year thereafter, or at any other time the Council deems necessary and proper.
(Ord. 76-728-373, § 7; Ord. 77-830-499, § 4; Ord. 83-591-400, § 1; Ord. 2023-187-E, § 10)
Note— Former § 617.306.
Sec. 382.307. - Award of new contract.
(a)
Within 60 days after the closing date for filing applications, the Council shall adopt a resolution granting or denying a contract in the best interests of the City, and the Mayor may immediately execute a contract pursuant thereto between the City and the successful applicant, subject to the condition that funds therefor are appropriated. A written contract in the form approved by the Council and the Mayor shall be delivered to the successful applicant for execution promptly after the passage of the resolution granting it and shall constitute the City's offer to enter into the contract, which offer shall expire five days after delivery to each successful applicant.
(b)
In making the determination the following criteria shall be considered:
(1)
The applicant's financial fitness.
(2)
The applicant's experience.
(3)
The quality and quantity of the applicant's equipment and facilities and the service to be rendered.
(4)
If the applicant presently provides residential or commercial waste collection services, whether existing operations are satisfactory.
(5)
Whether the applicant or any of its owners, officers or directors has a criminal record.
(6)
The ability of the applicant to earn a fair return on invested capital.
(7)
Other considerations as the Council deems relevant, except that the Council shall not consider rates of compensation or adjustment of service areas which will continue to be fixed under procedures provided in Sections 382.302 and 382.309.
(c)
A separate contract shall be awarded for each service area.
(d)
No contractor shall be awarded more than two contracts.
(e)
No contractor owned or controlled in any manner by a person having an ownership interest in or control of more than one other contractor which has been awarded a contract pursuant to this Chapter shall be awarded a contract.
(f)
No person shall provide waste collection and disposal service to residential premises in any service area served by a contractor who has contracted with the City to provide waste collection and disposal service in that area, unless authorized to do so by resolution of the Council.
(Ord. 76-728-373, § 7; Ord. 76-744-659, § 1; Ord. 77-830-499, § 5; Ord. 83-591-400, § 1; Ord. 88-835-443, § 1)
Note— Former § 617.307.
Sec. 382.308. - Contract provisions; exemption from Purchasing Code; extension of contracts.
Every contract awarded by the City pursuant to this Chapter shall be exempt from Part 2 of the Purchasing Code and shall include at least the following provisions and conditions:
(a)
Term. The contract shall commence on January 1 and be effective for a period of six years unless extended pursuant to the provisions of subsection (l) of this Section, except that a contract may be issued for a lesser period if necessary to effect a common expiration date of all outstanding contracts or if the City elects to serve the area of operation directly by City forces. Each contract may be reviewed by the Council through a public hearing to be held by a committee of the Council designated by the Council in the same manner as set forth in Section 382.306 and consider the same criteria as set forth in Section 382.307(b) after October 1 of the second year of the contract. Following its review, the Council may recommend to the Mayor that he elect to terminate the contract.
(b)
Transferability.
(1)
No contract may be sold, assigned or transferred to another by the contractor named therein, nor shall any person cause or permit the transfer of stock control of a corporate contractor unless approved by the Council. The transferor and transferee shall jointly file an application for a transfer, in the same form as required for an application for the original contract, together with the details of the proposed transaction, including consideration, method of payment, effective date of the transfer and other pertinent facts required by the Council. The Council shall approve or disapprove the transfer in the same manner and based upon the same criteria as apply to the original award of a contract under Sections 382.306 and 382.307. A transferee shall agree to comply with, assume and perform all liabilities, obligations, conditions and standards imposed by the contract upon the transferor. No consideration paid by a transferee to a transferor, allocable solely to contract rights, shall ever be recognized by the City for purposes of determining compensation to a contractor.
(2)
No contractor owned or controlled in any manner by a person having an ownership interest in or control of more than one other contractor which has been awarded a contract pursuant to this Chapter shall receive a contract by sale, assignment or transfer.
(c)
Standard of service. The contractor shall agree to comply with all of the standards of service prescribed by law, as they may be amended from time to time throughout the term of the contract in the exercise of the City's police power.
(d)
Insurance.
(1)
The contractor shall carry at his own expense a comprehensive automobile and general liability insurance policy issued by an insurance company authorized to write liability insurance in this State, having a B rating or better from Alfred M. Best Company, and possessed of a certificate duly issued by the State Insurance Commissioner or some other officer as may from time to time be designated by the laws of the State, in an amount of not less than $100,000 for each person for bodily injury, sickness or disease, including death resulting therefrom, $300,000 for each occurrence and $25,000 for all property damages in any one occurrence for each vehicle owned, operated, driven or controlled by the contractor, which vehicle is being utilized for the collection of refuse, and all operations necessary or incidental to the operators under the contract and owner of the contract. The policy may be in the form of a separate policy covering all vehicles operated by the contractor in furtherance of waste collection, in which latter event the policy shall provide insurance on each vehicle in the amounts required in this paragraph. The policy or policies shall include an endorsement to the effect that it or they cannot be canceled for any cause without notice of cancellation being served upon the Director of Solid Waste and Resource Management and the Office of General Counsel at least 30 days prior to the date of cancellation. The policy or policies shall be in the generally accepted form used in this State for liability insurance companies for public liability policies and shall further provide that the insolvency or bankruptcy of the assured shall not relieve the company from the payment of damage for injuries or death sustained or loss occasioned within the provisions of the policy; and that the prepayment of any judgment that may be recovered against the assured upon any claims covered by the policy shall not be a condition precedent to any right of action against a company upon the policy, but that the company shall be bound to the extent of its liability under the policy, shall pay and satisfy the judgment by the injured person, or his heirs or personal representative, as the case may be, to enforce the liability of the company as therein set forth.
(2)
At least 45 days before the expiration of an existing policy, a renewal policy shall be filed with the Director of Solid Waste and Resource Management, and the Office of General Counsel shall approve or reject the policy as to form and as to sufficiency. The filing of a policy shall not constitute compliance with this Section until the policy has been approved by the Office of General Counsel. The contractor shall agree not to drive or operate any vehicle for the purpose of collection of garbage or solid waste until the policy governing it is provided.
(e)
Performance bond.
(1)
The contractor shall furnish and maintain on file with the Chief an annual performance bond in the amount of $150,000 for his service areas in a form approved by the Office of General Counsel and payable to the City guaranteeing the faithful performance of the contractor's obligations under the contract. Notice of the filing of the bond shall be reported to the Council by the Director of Solid Waste and Resource Management. The performance bond shall automatically be renewed annually unless the surety thereon gives the Director of Solid Waste and Resource Management written notice of nonrenewal not less than 120 days prior to the expiration date of the bond. The performance bond shall be subject to cancellation by the surety at any time upon giving 120 days' prior written notice to the City of cancellation. Upon notice by the surety of nonrenewal or of cancellation, the contractor shall furnish to the Director of Solid Waste and Resource Management a performance bond conditioned in accordance with this subsection not less than 90 days prior to the expiration or cancellation of the bond then in effect. In the event that the contractor fails to furnish the new performance bond within the prescribed time period, the contract shall be voidable by the City, effective on or after the expiration or cancellation date of the bond then in effect. The performance bond shall be conditioned that the contractor shall well and faithfully observe, fulfill and perform according to his contract and the requirements of this Chapter and that, in the event of a failure to do so on the part of the contractor, the amount thereof shall be recoverable by the City for all damages proximately resulting from the failure of the contractor well and faithfully to perform according to the conditions of the bond.
(2)
In lieu of providing a performance bond pursuant to subsection (e)(1) of this Section, the contractor may deposit with the Treasurer the sum prescribed by subsection (e)(1) of this Section in cash, in one or more time certificates of deposit, in United States government securities or in an irrevocable letter of credit valid during the entire term of the contract. The Treasurer shall hold the deposit in trust as security for the faithful performance of the contractor's obligations under the contract, and shall return the deposit to the contractor at the expiration of the contract or, upon direction by the Council shall apply the deposit to the City from time to time for damages proximately resulting from a breach of contract by the contractor. If any portion of the deposit is applied to the City for damages, the contractor shall replenish the deposit to the full amount within 30 days after requested by the Director of Solid Waste and Resource Management.
(f)
Filing of route list and notice of changes. The contractor shall file with the Director of Solid Waste and Resource Management and keep current a list of routes for residential waste collection services, designating routes for residential waste except trash and routes for trash separately, together with a map of those routes, which list shall specify the days of pickup for residential waste except trash on each route and the days of pickup for trash on each route. The contractor shall not make any changes in the days of pickup for its routes on file with the Director of Solid Waste and Resource Management unless and until the Director of Solid Waste and Resource Management has approved the change and each residential premises affected by any the change has received at least five days' prior notice of the change by publication one time in a newspaper of general circulation in the City.
(g)
Uniform accounting system; fiscal year. The contractor shall keep his accounting records and books according to a uniform chart of accounts and the accounting system prescribed by the Director of Solid Waste and Resource Management.
(h)
Certified financial statement. The contractor shall furnish the Director of Solid Waste and Resource Management with a certified annual financial statement, prepared by a duly licensed independent certified public accountant, containing an unqualified opinion, within 60 days after the expiration of the twelve-month period ending September 30 within the contract period. The statement shall be prepared in the form as to fully disclose the income and expenses properly chargeable to the contracted waste collection and disposal services as a separate operating entity, and in the uniform accounting format required by the Director of Solid Waste and Resource Management.
(i)
Disposal of waste. The contractor shall dispose of residential waste in a sanitary landfill or other disposal facility operated by the City.
(j)
Remedies for breach of contract. The Council shall serve as a review and enforcement body to ensure that the contractor fulfills all the obligations of the contract. Upon request by the Council, the contractor agrees to appear before the Council to promptly respond to any complaint filed before the Council. The following remedies are available:
(1)
If the contractor fails to provide residential collection service on the regularly scheduled day in any part of his service area, then in that event the Director of Solid Waste and Resource Management may elect to remedy the breach as he deems most appropriate. The actual cost expended by the City to remedy the breach shall be deducted from the next monthly payment to the contractor.
(2)
After proper notice and hearing upon finding by the Council of a continual or substantial breach of contract, the Council may recommend to the Mayor that he elect to terminate the contract and to provide residential waste collection services in the contractor's service area for the remainder of the contract, either by City forces or by contract with another, in which event the contractor agrees to pay to the City as damages the excess of the City's cost of providing the service over the compensation which would have been due to the contractor pursuant to the contract.
(3)
If the contractor commingles nonapproved commercial solid waste or nonapproved multifamily solid waste with residential solid waste and attempts to dispose of such nonapproved commercial or multifamily solid waste as residential waste, the contractor shall be in substantial breach of the contract. Such substantial breach shall be disposed of in the manner provided in subsection (j)(2) of this Section. For purposes of this subsection (3), the terms nonapproved multifamily solid waste and nonapproved commercial solid waste shall mean solid waste generated by multifamily residential and commercial customers in excess of limitations specified in Section 382.402(a); and which solid waste has not been permitted by the Director of Solid Waste and Resource Management under Section 382.402(c).
(4)
In lieu of or in addition to any of the foregoing remedies, the Council may direct the Office of General Counsel to institute appropriate proceedings before the appropriate court for violation of any ordinance of the City by the contractor; or to recover damages arising from a breach of contract or other acts by the contractor.
(k)
Method of payment. Compensation shall be payable to the contractor in monthly installments within ten days after the end of the month for which service was provided in the following manner:
(1)
The method of computing the monthly contract compensation for payment by the City to the contractors shall provide for compensation based upon the actual number of premises to receive service each month as determined by the Director of Solid Waste and Resource Management and computed in accordance with the following procedure:
(i)
The number of residential premises in each service area to receive service beginning January 1 of each year shall serve as the basis for computation of the monthly contract compensation to each contractor for the month of January.
(ii)
The Director of Solid Waste and Resource Management shall determine the number of residential construction and mobile home move-on permits issued by the City each month for each service area.
(iii)
New residential premises shall be added each month to the initial number of premises to receive service on January 1 of each year only after the allowance for a 60-day construction period following the end of the month in which the construction or mobile home move-on permit is issued for the new premises.
(iv)
Monthly contract compensation for service provided to residential premises shall be computed for each contractor's service area based upon the total number of residential premises to receive service during the month multiplied by one-twelfth of the rate of contract compensation for each residential premises.
(v)
Monthly contract compensation for service provided to commercial and multifamily residential premises during the month shall be computed for each service area based upon the total number of the premises receiving service multiplied by one-twelfth of the rate of contract compensation for each residential premises.
(vi)
Contractors shall be compensated an administrative cost reimbursement charge in the amount of $2.50 for each new commercial or multifamily residential premises to initiate and receive collection service during the month.
(2)
Payment shall not be made by the Director of Finance and Administration if he receives a certification from the Director of Solid Waste and Resource Management that the contractor is in default under the contract and that payment should be withheld or, if the contractor has defaulted and the City has not terminated the contract, that the City's cost of remedying the breach, in the amount determined by the Council, should be deducted from the payment to be made, in which event only the net amount after the deduction shall be paid.
No withheld payment or part thereof shall be released by the Director of Finance and Administration until authorized to do so by the Director of Solid Waste and Resource Management.
(l)
Extension of contract.
(1)
Requirements for extension. A contract for a term of six years in force on October 1, 1977, and on October 1 of each sixth year thereafter may be extended for an additional term of six years if the contractor meets all criteria for award of new contracts provided in Section 382.307(b) and properly applies to the Council for an extension of his contract.
(2)
Procedure for extension of contracts.
(i)
A contractor seeking an extension of his current contract shall submit an application for extension in the same form and manner as provided for new applicants under Sections 382.304 and 382.305 during the month of November and no later than November 30 of the fifth year of the term of the current contract. Applications for extension not received by November 30 of the fifth year of the term of a current contract shall not be considered by the Council.
(ii)
The Council shall hold a public hearing on the extension of contracts for which applications have been submitted in accordance with this Section during the first calendar quarter of the sixth year of the term of the contracts and shall adopt resolutions granting or denying each extension no later than February 28 of the sixth year of the term of the current contract. In considering the extension of contracts, the Council shall consider the criteria stated in Section 382.307(b) except as is provided in subsection (l)(2)(iii) of this Section.
(iii)
Rates of compensation and adjustment of service areas will continue to be fixed under the procedures provided in Sections 382.302 and 382.309, and shall not be considered in proceedings on extension of contracts.
(Ord. 76-728-373, § 7; Ord. 76-744-659, § 2; Ord. 77-830-499, § 7; Ord. 78-129-5, § 1; Ord. 78-354-160, § 1; Ord. 78-355-161, § 1; Ord. 82-832-412, § 1; Ord. 83-591-400, § 1; Ord. 86-1305-736, § 3; Ord. 88-835-443, § 3; Ord. 90-286-97, § 2; Ord. 2016-140-E, § 16)
Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.
Note— Former § 617.308.
Sec. 382.309. - Reserved.
Editor's note— Ord. 2025-224-E, § 1, amended the Code by repealing former § 382.309 in its entirety. Former § 382.309 pertained to determination of annual rate of compensation and measure of contract compensation, and derived from Ord. 76-728-373, § 7; Ord. 80-591-209, § 1; Ord. 82-832-412, § 2; Ord. 83-591-400, § 1; Ord. 90-286-97, § 3; Ord. 95-246-105, § 9; and Ord. 98-53-E, § 3.
Sec. 382.310. - Maximum amount of compensation; lesser payments.
The measure of compensation fixed by the Council shall be the maximum amount of compensation which the contractor may receive for his services during the year for which it is effective. The sum of twelve monthly payments received by the contractor during the year may aggregate less than the amount fixed by the Council if, on an average during the year, the contractor serves a lesser number of residential and other authorized premises in his service area than was used to fix the measure of his contract compensation. The number of residential and other authorized premises shall be determined monthly by the Director of Solid Waste and Resource Management, and the monthly payments to be made to the contractor shall be adjusted accordingly.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1)
Note— Former § 617.310.
Sec. 382.311. - Conduct of hearings.
Hearings held by the Council pursuant to this Part 3 shall be conducted in accordance with its rules.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1)
Note— Former § 617.311.
Sec. 382.312. - Garbage service by City forces.
If the City is unable to consummate a contract with any applicant for the provision of residential waste collection and disposal services in any service area, the City shall provide the service in that service area and shall adhere to the standards of service provided in Part 4 until such time as a contract is consummated, except to the extent that the City is unable to do so by reason of an emergency situation.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1)
Note— Former § 617.312.
PART 4. - STANDARDS OF SERVICE
Sec. 382.401. - Residential solid waste collection service.
The contractor shall provide residential solid waste collection service to all residential premises in the City within the contractor's area of operation or service area and which are accessible to standard waste collection vehicles and the City shall provide such services within the First Urban Services District and those defined areas outside the First Urban Service District which are not part of any contractor's area of service (as such service areas are set forth in Code Section 382.301 in accordance with the standards of services in this Part, except as provided in Chapter 380.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1; Ord. 89-1168-679, § 13; Ord. 95-246-105, § 10)
Note— Former § 617.401.
Sec. 382.402. - Commercial and multifamily residential service.
(a)
Upon request, the contractor shall provide residential waste collection service to multifamily residential customers not exceeding ten dwelling units, including apartment buildings, the majority of the units of which have separate kitchen facilities, including a sink, stove and refrigerator, and multibusiness building customers not exceeding ten business units, and mobile home parks, and to commercial establishments, generating not more than five garbage receptacles per equivalent residential unit for each weekly pickup of garbage and yard waste, respectively, under the following procedures:
(1)
The applicant for service shall apply to the Department for collection service. The Director of Solid Waste and Resource Management shall determine whether the applicant meets the criteria for service to commercial and multifamily residential customers set forth.
(2)
Upon determination by the Director of Solid Waste and Resource Management that the applicant is entitled to residential waste collection service, the applicant for service shall pay to the Tax Collector the annual waste collection service charge as provided in Section 382.501(c).
(3)
The Tax Collector shall issue to the applicant a receipt therefor and send two copies of the receipt to the Director of Solid Waste and Resource Management, who shall thereupon direct the contractor to provide collection service.
(b)
Upon request, any other multifamily residence or commercial establishment unable to attract competitive commercial service due to geographical isolation from a commercial waste collection service route shall receive collection service from the contractor. Fees and conditions for the service shall be subject to negotiation between the contractor and the customer, with collection of fees the responsibility of the contractor. The contractor shall be entitled to discontinue collection service for nonpayment of fees. The Council retains jurisdiction to review and determine reasonable fees to be charged and conditions for collection when the contractor and the customer fail successfully to negotiate the fees and conditions. A hearing may be held on the reasonableness of the fees at the discretion of the Council.
(c)
Any solid waste from multifamily residences and/or commercial establishments which commercial solid waste exceeds the volume limits and which multifamily residence exceeds the size limits specified in subsection (a) of this Section shall not be included or commingled with residential waste except in certain circumstances as permitted by the Director of Solid Waste and Resource Management. Circumstances permitting such commingling include but shall not be limited to the existence of inadequate or limited space for the placement of large volume containers.
(d)
Notwithstanding any provision of this Part to the contrary, service within the First Urban Services District shall be provided as prescribed in Section 380.202.
(e)
Upon request, the contractor shall provide yard trash collection service to multifamily residential customers and/or commercial establishments generating not more than five cubic yards weekly for a weekly pickup under the following procedures:
(1)
The applicant for service shall apply to the Department for yard trash collection service. The Director of Solid Waste and Resource Management shall determine whether the applicant meets the criteria for service to commercial and multifamily residential customers set forth.
(2)
Upon determination by the Director of Solid Waste and Resource Management that the applicant is entitled to yard trash collection service, the applicant for service shall pay to the Tax Collector the annual waste collection service charge as provided in Section 382.501(d).
(3)
The Tax Collector shall issue to the applicant a receipt therefore and send two copies of the receipt to the Director of Solid Waste and Resource Management, who shall thereupon direct to the contractor to provide collection service.
(Ord. 76-728-373, § 7; Ord. 77-1180-601, § 3; Ord. 83-591-400, § 1; Ord. 90-286-97, § 4; Ord. 89-1168-679, § 14; Ord. 91-989-385, § 3; Ord. 92-130-99, § 2; Ord. 93-102-36, § 1)
Note— Former § 617.402.
Sec. 382.403. - Refuse on streets.
In addition to regularly scheduled service, the contractor shall pick up any quantities of waste of the character of residential waste dumped or scattered on public rights-of-way within the area served, upon request by the Director of Solid Waste and Resource Management. This requirement shall only apply if the City provides a general area-wide initial cleanup on the contractor's service area before the request by the Director of Solid Waste and Resource Management.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1)
Note— Former § 617.403.
Sec. 382.404. - Special services.
Services such as backdoor collection, belowground collection, removal of refuse other than residential waste or additional pickups shall be subject to negotiation between the contractor and the owner or occupant of the residential premises. The Council retains jurisdiction to review and determine reasonable fees to be charged by the contractor for special services when the parties fail successfully to negotiate the fees. A hearing may be held by the Council on the reasonableness of any fees charged.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1)
Note— Former § 617.404.
Sec. 382.405. - Frequency of waste collection.
(a)
The contractor shall collect from the curbside adjacent to each residential premises in his service area:
(1)
Garbage and rubbish at least once a week.
(2)
Trash, other than yard trash, at least once a week.
(3)
Yard trash at least once a week.
(b)
Collections shall not be reduced by holidays, but collections normally scheduled to be made on a holiday may be rescheduled upon approval by the Director of Solid Waste and Resource Management and notification to the affected residential premises by publication of notice in a newspaper of daily circulation in the City as required by the Director of Solid Waste and Resource Management. The contractor shall not observe any holiday different from those observed by the Department.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1; Ord. 91-1067-476, § 2)
Note— Former § 617.405.
Sec. 382.406. - Waste receptacles.
(a)
Garbage and rubbish shall be placed for collection separately from trash and shall be placed in waste receptacles not exceeding 40 pounds in total weight and which meet one of the following additional standards:
(1)
A container of no more than 30-gallon nor less than twelve-quart capacity which is:
(i)
Free from jagged and sharp edges,
(ii)
Free from inside structures, such as inside bands or reinforcing angles, which would prevent free discharge of the contents,
(iii)
Watertight and impervious material, and
(iv)
Provided with a tightfitting cover to protect the contents from flies, insects, rats and other animals.
(2)
A wet-strength Kraft paper bag of not more than four-cubic foot capacity having the characteristics, markings and method of securing as are prescribed by regulation of the Department.
(3)
A plastic bag having an inside circumference of at least 40 inches and not more than 60 and one-half inches and an inside length of at least 22 inches and not more than 37 1/2; inches, and having characteristics, markings and method of securing as are prescribed by regulation of the Department.
(b)
Trash capable of being containerized shall be placed for collection in either a garbage receptacle meeting the standards for garbage and trash collection or a disposable container. Tree trunks, stumps, limbs, trimmings or waste building materials shall not exceed five feet in length. The contractor shall not be required to collect tree trunks, stumps, limbs and trimmings generated by tree surgeons and/or any commercial entity engaged in tree trimming/removal. Any and all such tree trunks, stumps, limbs and trimming generated by tree surgeons and/or any commercial entity engaged in tree trimming/removal shall be collected, removed and properly disposed of in accordance with Chapter 380. Upon application by an owner or applicant of residential premises and upon finding extenuating circumstances, the Director of Solid Waste and Resource Management may order the contractor to collect any tree trunks, stumps, limbs and trimmings to the extent those items do not exceed five feet in length or five cubic yards per week and to the extent the Director of Solid Waste and Resource Management's order shall not violate the contractor's contract with the City. The contractor shall not be required to collect trash which does not comply with the requirements in this subsection or which exceeds five cubic yards per week.
(c)
All property owners, residents, occupants and tenants receiving residential waste collection service pursuant to this Chapter shall place waste receptacles, disposable containers and other items at the curbside, unless the contractor has agreed to provide a special service collection at another location.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1; Ord. 89-1168-679, § 17; Ord. 2012-545-E, § 1)
Note— Former § 617.406.
Sec. 382.407. - Removal of improper receptacles.
A container used for the collection or storage of residential waste which fails to meet the standards prescribed by this Chapter shall be clearly marked by the contractor, specifying the manner in which the container fails to meet these requirements. A container which fails to meet these requirements and is so marked shall be removed from service by the person furnishing it. Upon failure of the person furnishing the container to remove it from service after written notice by the contractor, the contractor shall remove the container from service and destroy it.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1)
Note— Former § 617.407.
Sec. 382.408. - Hours of collection.
The contractor shall provide residential waste collection services between the hours of 6:00 a.m. and 6:00 p.m., except to meet holiday or emergency demands as directed by the Department.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1)
Note— Former § 617.408.
Sec. 382.409. - Office hours of contractor.
The contractor shall maintain an office in the City and shall keep the office open and the office telephones answered between the hours of 8:00 a.m. and 5:00 p.m. on weekdays, except to meet holiday or emergency demands as directed by the Solid Waste Division Chief.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1; Ord. 2017-659-E, § 2)
Note— Former § 617.409.
Sec. 382.410. - Route reruns and special pickups.
The Director of Solid Waste and Resource Management may direct a contractor to rerun all or any part of any route or to schedule special pickups when the Director of Solid Waste and Resource Management determines that adequate service has not been provided.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1)
Note— Former § 617.410.
Sec. 382.411. - Information available to property owners, residents, occupants or tenants.
The contractor shall make available to a property owner, resident, occupant or tenant at its principal place of business in the City, upon the request of the property owner, resident, occupant or tenant, pertinent information regarding the service rendered. The contractor shall have on file for inspection, upon request of the general public, at each of its principal places of business, the following:
(a)
A copy of the form of contract relating to the service area of the contractor.
(b)
A copy of the applicable City ordinances and resolutions and Department rules.
(c)
A map showing the area serviced by the contractor.
(d)
A legible notice placed in a conspicuous place in the office to the effect that a copy of the foregoing is kept there for inspection by the general public.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1; Ord. 2012-545-E, § 1)
Note— Former § 617.411.
Sec. 382.412. - Collection equipment.
(a)
Equipment used by a contractor shall be maintained in the condition as to prevent a sanitary nuisance or safety hazard. Vehicles shall be washed thoroughly with suitable disinfectant and deodorant daily, and all vehicles shall be washed on the outside weekly.
(b)
Equipment used in the collection of waste by a contractor shall be clearly identified with the name of the contractor, telephone number and vehicle number.
(c)
Waste collection vehicles used by a contractor shall not be allowed to stand unattended on a public or private street.
(d)
The contractor's equipment shall be operated so as to minimize interference with vehicular or pedestrian traffic.
(e)
Collection shall be made and the equipment operated and maintained by a contractor in a manner as to prevent the dropping or scattering of residential waste (solid or liquid) anywhere except in a lawful landfill disposal site. All waste spilled or scattered from vehicles shall be immediately picked up by the collector.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1)
Note— Former § 617.412.
Sec. 382.413. - Conduct of personnel.
Contractor personnel in both field and office shall refrain from belligerent behavior and profanity. Correction of behavior and language shall be the responsibility of the contractor. Personnel shall make collections with as little noise and as little disturbance to residents as possible. Waste receptacles shall be carefully handled by the personnel and shall be thoroughly emptied and left at the premises where they are found, standing and with covers placed adjacent to the can at the curbside. This work shall be done in a sanitary manner and waste spilled by the collector shall be immediately picked up by the collector. Personnel shall not be required to expose themselves to the danger of being bitten by vicious dogs in order to accomplish collection. In any case where the owner or tenants have vicious animals at large, the contractor shall immediately notify the Department and the Animal Care and Control Officer in writing of the condition and of his inability to make collection because of the condition.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1; Ord. 88-273-169, § 22)
Note— Former § 617.413.
Sec. 382.414. - Service by City.
Within that portion of the territory in which this Part applies lying outside the contractor's areas of operation or service areas described in Part 3, the City, through the Department, shall provide waste collection service in the same manner and to the same extent as a contractor is required to so provide within his service area pursuant to the provisions of this Part 4. For the purposes of this Section, references in this Part 4 to a contractor shall be deemed to be references to the Department.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1)
Note— Former § 617.414.
Sec. 382.415. - Responsibilities and obligations of Property Owners, Resident's, Occupants and Tenants.
(a)
Property owners, residents, occupants and tenants shall all bear equal responsibility under this Part for all responsibilities and obligations set forth in this Part. Property owners wishing to protect themselves from the actions or failures of action of residents, occupants and tenants shall do so in their separate indemnification and/or rental agreements with such residents, occupants and tenants.
(b)
It is the responsibility of all property owners, residents, occupants and tenants to separate yard trash, trash, and garbage (including rubbish). Trash, garbage (including rubbish) and recyclables shall be placed separately at curbside no sooner than 5:00 p.m. of the day before scheduled collection and any garbage/recyclables receptacles shall be removed by 6:00 a.m. of the day following collections. Placement of garbage or recyclable material at curbside after 6:00 a.m. on the date of collection does not have to be picked up by the City or contractor if the collection vehicles has passed the pertinent curbside after 6:00 a.m., thereby making the property owner, resident, occupant or tenant responsible for removing such garbage or recyclable material from the curbside until the next scheduled pickup date. It shall be unlawful and a violation of this Chapter for any property owner, resident, occupant or tenant to place at the curb for collection any container(s) unless those containers contain only trash, only yard trash or only garbage (including rubbish). It is unlawful and a violation for any property owner, resident, occupant or tenant to place at curbside for collection commingled trash, yard trash or garbage (including rubbish).
(c)
Failure to comply with the provisions of this Section 382.415 shall be unlawful and enforceable solely as a civil infraction as provided in Chapter 609 (Code Enforcement Citations), Ordinance Code.
(Ord. 91-1067-476, § 3; Ord. 94-711-743, § 2; Ord. 2012-545-E, § 1)
Sec. 382.416. - Automated Service.
"Automated Service" means those service areas in which the City or Contractor uses automated equipment attached to collection vehicles to collect garbage and rubbish and recycling materials and furnishes a garbage and rubbish Cart and a recycling materials Cart to the resident. Notwithstanding any other provision of Chapter 382, when Automated Service is available in a service area, residents shall have curbside setout requirements as follows: All garbage and rubbish and recyclables set out for collection by a resident must be placed inside the automated collection Cart (garbage and rubbish only for the garbage Cart, recyclables only for the recycling Cart), and the Cart shall be set out for collection before 6:00 a.m. on the day of collection and the Cart must be placed within five feet of the street with the Cart arrows facing the street. The Cart must have clearance above and on all sides in order to allow for automated pickup of the Cart. City or Contractor shall not be required to collect any garbage, rubbish or recyclables unless:
(1)
The appropriate material is placed in the Cart with the lid tightly closed;
(2)
The Cart is in working condition;
(3)
The Cart is properly placed out for collection;
(4)
The Cart is at or below its maximum weight, pursuant to the load capacity as embossed on or affixed to the Cart; and
(5)
All other requirements are complied with.
No garbage, rubbish or recyclables of any kind shall be collected unless placed inside the Carts with the lids closed (i.e., no such materials shall be collected from the ground or from any other type of container). Recycling Carts containing items other than recyclable materials will not be collected. Garbage Carts containing items other than garbage and rubbish will not be collected. At the time of Cart delivery by City or Contractor, a brochure will be provided explaining how the Cart should be placed at curbside to provide access to the collection vehicle. The resident must place the Cart such that the collection vehicle and its automated arm, which must connect with and lift the Cart, has unobstructed lateral and overhead clearance, and access to the correct side of the Cart, which should be facing the street. Only properly placed unobstructed Carts will be collected. Residents with questions may contact the Solid Waste Division or the Contractor. If the resident and Contractor cannot agree upon an appropriate location to set out a Cart, the Director shall resolve the dispute and designate the location where collection shall occur. Once Automated Service becomes available, recyclable materials shall be collected every two weeks. When Automated Service is available Cart means a 64- to 67-gallon or 94- to 97-gallon container (or such smaller capacity as the Director may approve) on wheels with attached lids provided by:
(i)
The Contractor in service areas serviced by the Contractor; and
(ii)
The City in service areas serviced by the City.
One Cart shall be provided for residential garbage and rubbish and one Cart shall be provided for recyclable materials. When a Cart has been damaged by the resident and must be replaced, the resident shall be required to purchase a replacement Cart. Effective April 1, 2013, the color of all Carts purchased by a contractor, or by the City, for Automated Service sale or distribution to residents, shall be limited to forest green, dark gray, or brown, as approved by the Chief of Solid Waste. The approved color carts shall be consistent for the entire service area.
(Ord. 2011-349-E, § 3; Ord. 2013-117-E, § 1)
PART 5. - SOLID WASTE SERVICE FEE[3]
Footnotes: --- (3) ---
Editor's note— Ord. 2007-837-E, § 1, amended the Code by renaming Pt. 5. Formerly, Pt. 5 was entitled "Garbage Service Charge Other Than Residential Premises."
Sec. 382.501. - Solid Waste Fee imposed.
There is hereby imposed upon the owner or occupant of each premises, receiving waste collection and disposal service under this Part in the General Services District of the Consolidated City of Jacksonville, as set forth in the Charter of the City of Jacksonville excluding Urban Services Districts 2, 3, 4 and 5, being the territories of the Cities of Jacksonville Beach, Atlantic Beach, Neptune Beach, and the Town of Baldwin, a solid waste service fee calculated as follows: The fees contained within this Section are subject to the Annual Review of Fees provision found in Section 106.112, Ordinance Code.
(a)
Residential premises described in Section 382.102—$3 per month or $36 per year.
(b)
Residential condominiums as described in Section 382.102(k)—$3 per month or $36 per year.
(c)
Multifamily residential premises, multibusiness buildings, mobile home parks and small commercial premises described in Section 382.402(a)—a charge to be fixed from time to time by ordinance or resolution, it being the intent of the Council to fix the charge at the same rate as the average annual rate of compensation paid to contractors providing the service outside the Urban Services Districts for collection, transportation and other operating expenses including disposal, plus an administrative cost reimbursement charge for each equivalent residential unit.
(d)
The owner or occupant of each premise receiving yard trash collection and disposal service shall continue to receive that service, and the charge for such service shall be included in the fee for service reflected in subparagraph (a) or (b) herein.
(e)
The residential solid waste fee set forth in subparagraphs (a) and (b) herein shall increase to the rate of $12.65 per month, or $151.80 per year, commencing on October 1, 2010.
(f)
Within the Downtown Area, applicants for small commercial service shall pay the rate of $46.70 per City of Jacksonville supplied garbage and rubbish can per month, or $140.10 per garbage and rubbish can per quarter, or $560.40 per garbage and rubbish can per year.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1; Ord. 87-656-609, § 1; Ord. 88-1065-548, § 18; Ord. 89-1168-679, § 15; Ord. 91-989-385, § 4; Ord. 92-130-99, § 3; Ord. 2007-837-E, § 1; Ord. 2010-216-E, § 6; Ord. 2013-714-E, § 2)
Note— Former § 617.501.
Sec. 382.502. - Payment and collection—Alternative methods.
(a)
The solid waste service fees authorized or imposed by this ordinance shall commence for service provided after March 31, 2008.
(b)
For solid waste services provided from April 1, 2008 through September 30, 2008, the solid waste service fees authorized or imposed by this ordinance may be charged on a monthly basis, and shall be billed on an annual basis and may be imposed, billed, and collected in advance. The method of billing shall be through any legally authorized method approved by the Director of Public Works. Such solid waste fees shall be due and payable at the same time and in the same manner and subject to the same penalties as are stormwater management fees imposed under Chapter 754, Ordinance Code.
(c)
For the collection of solid waste service fees incurred as of October 1, 2008 and thereafter, the levy, collection and enforcement of these solid waste service fees shall be through the same methodology and procedures as provided for in subsection (b) but shall be collected through the Tax Collectors Office through methods and at a cost mutually agreed upon between the City and the Tax Collector.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1; Ord. 93-102-36, § 4; Ord. 2007-837-E, § 1)
Note— Former § 617.502.
Sec. 382.503. - Discontinuation of Service; collection.
If the solid waste service fees set forth herein are not paid when due, the Manager of the Office of Administrative Services or designee may, after notification to the owner or occupant, order the discontinuation of service to the premises by the contractor or City, as the case may be. The City may also utilize all other methods for collection of unpaid service charges as may be appropriate. If the uniform method of ad valorem assessment collection is used, the failure to pay appropriate fees may result in a tax certificate and the ultimate loss of the property.
(Ord. 76-728-373, § 7; Ord. 83-591-400, § 1; Ord. 2007-837-E, § 1; Ord. 2025-30-E, § 16)
Note— Former § 617.503.
Sec. 382.504. - Council Approval of Solid Waste Assessment Reductions.
The City Council hereby authorizes the following reductions, and application and reporting requirements, and the use of the Adjustment and Credit Manual, as set forth in this Section.
(a)
The following reductions shall be applied as follows:
(1)
Low Income in Accordance with Federal Guidelines. If the dwelling unit on which the solid waste assessment is assessed is owned by an individual or family with an income level within 150 percent of the Federal poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2), then a solid waste assessment reduction shall be granted for all fee increases above the solid waste monthly assessment of $12.65, with the applicable individual or family continuing to pay the 2024 monthly assessment of $12.65.
(2)
Baymeadows Community Improvement District. If a dwelling unit located within the Baymeadows Community Improvement District as set forth in Ordinance 2021-838-E, as amended by Ordinance 2024-69-E, on which the solid waste assessment is assessed is subject to the homestead exemption under the Florida Constitution, then the monthly solid waste assessment schedule as set forth in Ordinance 2025-1-E, shall be reduced by $7.00 or annually by $84.00 in calendar year 2025, and the monthly solid waste assessment shall be reduced by $4.50 or annually by $54.00 in calendar year 2026. No applications shall be required for the reductions set forth in this subsection (2).
(b)
Applications and Reports. Applications for reductions and self reporting under subsection (a)(1) of this Section shall be submitted, reviewed and processed consistent with Section 754.109, Ordinance Code, the City's Stormwater Fee Low Income Exemption Program.
(c)
Record keeping and reporting. On a City fiscal year basis, the Department of Public Works shall maintain records to show how the solid waste assessment reductions have been applied, and the Director of Public Works shall annually prepare a report to be presented to the Council and the Council Auditor each April 1 commencing in 2026.
(Ord. 2025-2-E, § 1)
Sec. 382.505. - City's Obligation to Fund Solid Waste Assessment Reductions.
Annually, the City shall determine the total amount of those solid waste assessment reductions authorized by this Part and shall, in the annual budget, appropriate said total reductions within the Solid Waste Fund.
(Ord. 2025-2-E, § 1)
Sec. 382.506. - Effective Date.
The reductions set forth in Section 382.504 above shall become effective and begin with the 2025 calendar year assessment.
(Ord. 2025-2-E, § 1)
PART 6. - PENALTIES
Sec. 382.601. - Criminal penalty.
In addition to any other remedies, penalties and fines, any contractor providing residential solid waste disposal services for the City, as described in this Chapter, who shall dispose, at a landfill or other facility designated for solid waste disposal, any nonapproved multifamily solid waste and/or commercial solid waste, shall be guilty of a class D offense. Each such disposal at the landfill or other designated disposal facility, involving such nonapproved multifamily solid waste and/or commercial solid waste shall be considered as a separate offense.
(Ord. 90-286-97, § 5)
Sec. 382.602. - Civil penalty.
In addition to any other remedies, penalties and fines, any contractor providing residential solid waste collection and disposal services for the City, as described in this Chapter, who shall dispose at a landfill or other facility designated for solid waste, any nonapproved multifamily solid waste and/or commercial waste, shall be liable for a civil penalty of up to $10,000 per offense. Each such disposal at the landfill or other designated disposal facility involving such nonapproved multifamily solid waste and/or commercial solid waste shall be considered as a separate offense.
(Ord. 90-286-97, § 5)
Sec. 382.603. - Definitions.
For purposes of this Part:
(a)
Residential solid waste shall have the same meaning as residential waste as contained in Section 382.102(l), Ordinance Code.
(b)
Nonapproved commercial solid waste shall mean any solid waste which is generated by commercial establishments and which exceeds the volume limitations specified in Section 382.402(a) and which has not been permitted by the Director of Solid Waste and Resource Management pursuant to Section 382.402(c).
(c)
Nonapproved multifamily solid waste shall mean any solid waste generated from multifamily residences, which multifamily residences exceed the limitations specified in Section 382.402(a), and which solid waste has not been permitted by the Director of Solid Waste and Resource Management pursuant to Section 382.402(c).
(d)
Person has the meaning given to it in section 2.101(g), Ordinance Code of the City of Jacksonville and in addition includes any officer, employee, agent, department or instrumentality of the Federal Government, any state, municipality, or political subdivision of the State, or of any foreign government.
(Ord. 90-286-97, § 5; Ord. 94-144-121, § 14)
PART 7. - SOLID WASTE USER FEE FOR RESIDENTIAL PREMISES
Sec. 382.701. - User fee imposed.
A solid waste user fee shall be imposed and charged for the availability or provision of services by or on behalf of the City for collecting, processing, disposing, recycling and composting of solid waste and the City may levy, collect and enforce the same pursuant to the uniform non-ad valorem assessment method, all as provided by and in accordance with resolution or resolutions as adopted, amended or supplemented from time to time by the Council.
(Ord. 89-1168-679, § 16)
Sec. 380.613. - Severability. Chapter 386 - WASTE FLOW CONTROL