Chapter 741 - ZERO TOLERANCE ON LITTER

Sec. 740.115. - Construction of wheelchair ramps. Chapter 742 - STREETS CONSTRUCTED BY SPECIAL ASSESSMENT Chapter 741 - ZERO TOLERANCE ON LITTER

PART I. - GENERAL PROVISIONS[1]

Footnotes: --- (1) ---

Editor's note— Ord. 2010-253-E, § 13, added the designation of Part I to §§ 741.101 and 741.102.

Sec. 741.101. - Findings, intent and purpose.

Litter along Jacksonville's streets and highways, including the State highway system, public spaces, public rights-of-way, and waterways, mars the beauty of the City. The citizens of Jacksonville desire to live in a community that is surrounded continuously by a maximum of beauty, and have demonstrated a commitment through citizen initiatives to conserving and protecting the scenic beauty of Jacksonville, including the prohibition of billboards and the establishment of minimum standards for tree conservation, protection and mitigation during development. The citizens of Jacksonville believe that their City should be a model for beauty that is not surpassed by any city in America. A Jacksonville Community Council, Inc. Study released in 2002 recommended that a zero-tolerance policy be implemented, and that a master plan integrate three types of litter-reduction activities:

(1)

Prevention of litter through enhanced public-information campaigns, improved waste-collection services, and sufficient provision of waste receptacles in public areas;

(2)

Effective enforcement of all laws and statutes that support the zero-tolerance litter policy; and

(3)

Clean-up of litter that remains despite efforts to prevent it and to enforce against it.

Jacksonville must have a zero-tolerance policy for litter that is meaningful and that will be visibly apparent at all times. It should ensure that the streets, highways, public spaces, rights-of-way, and waterways shall be litter-free to the maximum extent feasibly possible. The minimum standards set forth in this Chapter for establishing a zero-tolerance for litter are desirable environmental goals that will advance the quality of life for Duval County and its residents. The intent and purpose of this Chapter, consistent with the foregoing findings, is to establish the standards set forth in this article as minimum standards for Duval County so as to promote the health, safety and welfare of the current and future residents of Duval County.

(Ord. 2004-909-E, § 1)

Sec. 741.102. - Definitions.

The following definitions apply to terms or phrases in this Chapter.

(a)

Litter. The term "litter" shall mean "litter" as defined in the Florida Litter Law at F.S. § 403.413(2)(f), that is located on public property, and shall include any artificial or manmade object illegally placed within a public right-of-way or illegally nailed, fastened or affixed to any tree, public utility pole, or other object located on public property or within a public right-of-way. The term "litter" shall include "snipe sign" as defined herein. The term "litter" shall not include any signs permitted pursuant to Sections 656.1306 and 656.1313, Ordinance Code.

(b)

Zero-tolerance policy for litter. The phrase "zero-tolerance policy for litter" shall mean the establishment of policies and standards that, if implemented, will lead to public property being litter-free.

(c)

Litter-free. The term "litter-free" shall mean that public property will be free of litter.

(d)

Snipe sign. The term "snipe sign" shall mean a sign which is tacked, nailed, posted, pasted, glued, or otherwise attached or affixed to a tree on public property, to a public utility pole, to a public utility box, to publicly-owned street furniture such as a bench or shelter, to a public fence, or to any other object on public property or within the public right-of-way, except with the express permission or consent of the public property owner, or as set forth in Sections 656.1306 and 656.1313, Ordinance Code. See the example in Attachment A.

(e)

Person. The term "person" shall have the same meaning as set forth in Section 1.102(11), Ordinance Code.;

(f)

Special Exemptions. Signs erected and maintained pursuant to the discharge of the governmental function of public health and safety are exempt from the definition of snipe signs.

(g)

First offense andSubsequent offenses. The term "first offense" shall mean each separate snipe sign violation issued by a Code Enforcement Officer to any individual or corporation that occurs prior to the violator being found guilty of this Code Section by a court of competent jurisdiction or that occurs prior to the violator paying any fine without contesting the citation(s). Any offense that occurs after an adjudication by law or payment of the fine for an offense shall be deemed a subsequent offense and punishable as described in the chart located in § 741.107(c), Ordinance Code.

(Ord. 2004-909-E, § 1; Ord. 2010-253-E, § 13; Ord. 2013-486-E, § 2; Ord. No. 2014-553-E, § 1)

PART II. - POLICY, FUNDING, AND REPORTING[2]

Footnotes: --- (2) ---

Editor's note— Ord. 2010-253-E, § 13, added the designation of Part I to §§ 741.103 and 741.106.

Sec. 741.103. - Zero-tolerance policy for litter; minimum standards.

The City of Jacksonville and its independent authorities, in accordance with their respective jurisdictions, shall take all necessary steps and provide sufficient resources to establish Jacksonville as a litter-free City. The steps shall include the following:

(a)

Litter shall be removed and cleaned-up from along the interstate highway system, freeways, expressways, arterial roads, collector roads, and four-lane roads within the City, inclusive of their rights-of-way, and City parks, on a weekly basis.

(b)

At those public bus stops and shelters, public boat ramps, and public transportation stops where litter frequently appears, trash receptacles shall be placed and located. The City shall endeavor to identify other public spaces where litter frequently appears, and as such public spaces are identified trash receptacles shall be placed and located at such sites.

(c)

Public bus stops and shelters shall be well-maintained and litter-free.

Notwithstanding anything hereinabove to the contrary, the obligation to perform the steps set forth in subsections (a) through (c) above, shall be contingent upon funding for those services, by the Council, as set forth in Section 741.104.

(Ord. 2004-909-E, § 1)

Sec. 741.104. - Funding.

The zero-tolerance for litter program shall, at the discretion of the Council, be funded in the City's and the independent agencies' annual budgets in the amount and from the revenue sources as determined by the Council. The Mayor shall include in the annual budget request a statement of the amount of funds which would be required to fully implement the program in the ensuing fiscal year and the annual ad valorem tax millage which would produce such amount for that year. The Mayor shall also identify in the budget request the level of funding being requested for such program and the revenue source or sources of funds being appropriated in the budget request for such program.

(Ord. 2004-909-E, § 1)

Sec. 741.105. - Annual reporting requirements.

Between April 15 and April 30 of each calendar year, the Mayor shall deliver a written and oral report to the City of Jacksonville City Council as to whether the City is in full compliance with the provisions of this Chapter, and what steps are recommended to ensure that the City is litter-free during the next fiscal year. The City's annual report shall include, but shall not be limited to, the following:

(a)

All efforts undertaken by the City during the prior fiscal year and during the first six months of the current fiscal year to establish the City as litter-free;

(b)

The performance standards utilized by the City to measure compliance with this Article;

(c)

The number of written and oral complaints pertaining to litter submitted to the City during the prior fiscal year and the first six months of the current fiscal year;

(d)

The statistics as to the number of citations for litter issued by applicable enforcement agencies and the known disposition of those citations;

(e)

The collaborative efforts undertaken by the City with third parties, such as the Duval County School Board, to maintain the City as litter-free;

(f)

The public education efforts undertaken by the City to reduce litter and maintain the City as litter-free;

(g)

The efforts to ensure that the zero-tolerance policy is being equitably applied in all City Council districts; and

(h)

Certification that the City is using the best practices in establishing the City as being litter-free.

(Ord. 2004-909-E, § 1)

Sec. 741.106. - Implementation dates.

Section 741.103 of this Chapter shall become effective October 1, 2005; however, the remaining provisions of this Chapter, shall become effective upon becoming law.

(Ord. 2004-909-E, § 1)

PART III. - ENFORCEMENT

Sec. 741.107. - Violation of Zero-Tolerance for Litter Law.

(a)

It shall be unlawful for a person to place, affix or otherwise dispose of litter as defined in 741.102 on public property.

(b)

The placement of a snipe sign on public property is transient in nature and is therefore irreparable. The adoption of the prohibition directed to snipe signs on public property shall be deemed notice of the violation. The person or business in possession or control of the snipe sign and the person or business who owns or is advertised or identified by name, address or other contact information on the sign may be cited immediately upon observation of the violation. The person or business who owns or is advertised or identified on the sign shall be presumed to have permitted the placement of the snipe sign in the absence of evidence to the contrary. The term "transient in nature" shall mean that a condition exists on a temporary, periodic, or non-permanent basis. The term "irreparable" shall mean the condition is incapable of being remedied, as the harm sought to be prevented has already occurred.

(c)

Violations of this Section shall be unlawful and deemed a civil infraction, and shall be subject to the civil fines set forth in this subsection. Each piece of litter or separate snipe sign that a person illegally places on or affixes to public property in violation of this Section shall be deemed a separate violation. The schedule for civil fines for uncontested citations, which may be imposed under this Part III, together with such attorneys' fees and costs as may be authorized by law, shall be as follows: EXPAND Offense Fine 1st $150* 2nd  300 3rd and each thereafter  500 *Notwithstanding the $150 fine noted above, any signs up to five signs posted on a single date in a 12-month period, shall incur a $50 fine per sign. Any signs in excess of five signs on that date, or additional signs, shall incur the standard per sign fine of $150.

For contested citations, there may be imposed a civil fine of up to $500 per citation, plus such attorneys' fees and costs as may be authorized by law. However, if a person affixes or otherwise places a snipe sign on a public utility pole and the bottom of which sign is at a height more than five feet above the prevailing ground level immediately adjacent to the utility pole then such act shall be punishable with an uncontested $350* civil fine per citation, plus such attorneys' fees and costs as may be authorized by law. For purposes of this Section, the term "ground level" shall mean the finished grade of a parcel of land exclusive of any filling, berming or mounding.

(Ord. 2010-253-E, § 13; Ord. No. 2014-553-E, § 2)

Sec. 741.108. - Litter and snipe signs deemed abandoned property.

Any litter or snipe sign placed on or affixed to public property or placed in the right-of-way, including but not limited to public property and rights-of-way along or adjoining any roadway, in violation of this Part III is hereby declared to be abandoned property and is thereby subject to being removed by any person, so long as such removal is accomplished in a safe and peaceful manner. Nothing herein shall be construed to permit any person who removes such abandoned property to do so in a manner that endangers any person, property or the safety of any other person traveling on such roadway.

(Ord. 2010-253-E, § 13)

Sec. 741.109. - Duties of Municipal Code Compliance Division Chief or Designee.

(a)

The Division Chief of the Municipal Code Compliance Division (or successor) of the City of Jacksonville, or his or her designee, shall have the duty to enforce Part III of Chapter 741 through (1) such assigned personnel as the Division Chief or designee determines to be appropriate and (2) such members of the public who are certified by the Division Chief or designee to issue citations for violations of Chapter 741, Part III.

(b)

The certification to issue citations shall extend only to those members of the public (1) who have received such training and instruction for issuing citations hereunder as determined to be appropriate by the Division Chief or designee, and (2) who satisfy such criteria, if any, as may be established by the Office of General Counsel. No member of the public shall be certified unless he or she is able to appear in court to provide testimony, if necessary, in connection with any enforcement action involving a citation that he or she may sign. The City may revoke certification to any individual for any reason and at any time.

(Ord. 2010-253-E, § 13)

Sec. 741.110. - Fines and penalties; procedures.

The requirements of this Part III shall be enforced by citation for civil fines pursuant to the authority granted in this Part III and Chapter 609, Ordinance Code and by action for injunctive relief, through a court of competent jurisdiction. In issuing citations, in addition to the procedures outline in Chapter 609, the following procedures shall also apply:

(a)

A violation of the snipe sign prohibitions of this Chapter shall be documented by a digital photograph taken by a code enforcement officer or any individual certified to issue a citation for a violation of Part III of this Chapter (hereinafter "officer").

(b)

An officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed the violation.

(Ord. 2010-253-E, § 13)

Sec. 741.111. - County Court jurisdiction.

(a)

The County Court in and for the Fourth Judicial Circuit shall hear charges of code violations pursuant to the issuance of citations.

(b)

Any person so charged may contest the citation in the County Court.

(Ord. 2010-253-E, § 13)

Sec. 741.112. - Provisions supplemental.

The provisions of Part III of this Chapter 741 are additional and supplemental means of enforcing the Ordinance Code and stand alone ordinances. Nothing contained in this Chapter 741 shall prohibit enforcement by any other means, including but not limited to the enforcement methods and penalties authorized by F.S. § 162.22 or other means of enforcement provided for in this Ordinance Code; provided, however, no criminal penalty shall be applicable to the placement of a snipe sign on public property.

(Ord. 2010-253-E, § 13)

Sec. 741.113. - Distribution of fines.

All fines collected for violation of Part III of this Chapter shall be deposited in the Litter Trust Fund established by Section 111.786, Ordinance Code, and distributed as provided therein.

(Ord. 2010-253-E, § 13)

Sec. 741.114. - Annual reporting requirements.

(a)

Within 60 days following the end of each fiscal year, the Jacksonville Transportation Authority shall provide an annual report to the City of Jacksonville of the preceding fiscal year's cost for keeping public bus stops and public bus shelters well-maintained, in good repair and litter-free.

(b)

Within 60 days following the end of each fiscal year, the Division Chief of the Municipal Code Compliance Division (or successor) shall provide the City Council with a report of the number of citations issued during the preceding fiscal year, the total fines assessed during the preceding fiscal year, and the total fines collected for each preceding fiscal year. The report shall include the disposition of the fines collected by the City of Jacksonville.

(Ord. 2010-253-E, § 13)

Sec. 740.115. - Construction of wheelchair ramps. Chapter 742 - STREETS CONSTRUCTED BY SPECIAL ASSESSMENT