Engaging in business of solid waste collection and disposal; issuance of franchise agreement to private solid waste collectors

(a)

No person, firm or corporation shall remove or transport any solid waste material over the streets or public rights-of-way of the city or its real property for hire or salvage without first applying for and receiving a franchise from the department to carry on such a business. The franchise required by this section shall be in addition to any local business tax receipt and other license(s) which otherwise may be required by law, including F.S. § 403.4046. A franchise will not be granted to a commercial property for the sole purpose of hauling the solid waste material of its own tenants or occupants.

(b)

It shall be unlawful for any commercial solid waste collector/franchisee to provide service to any property within 100 feet of a residential district between the hours of 11:00 p.m. and 7:00 a.m.

(c)

It shall be unlawful for a franchisee to contract or subcontract with another commercial solid waste hauling company, also referred to as a subcontractor, for the servicing of a commercial property within the city that does not have a city commission awarded franchise.

(d)

It shall be unlawful for a franchisee to utilize or have any equipment that is owned by another commercial solid waste hauling company, also referred to as a subcontractor, for the servicing of a commercial property within the city that does not have a city commission awarded franchise.

(e)

It shall be unlawful for a franchisee to have a business arrangement with another commercial solid waste hauling company, also referred to as a subcontractor, or a waste broker for the servicing of a commercial property within the city by a solid waste hauling company that does not have a city commission awarded franchise.

(f)

No franchise granted pursuant to this chapter shall be deemed the property of the holder thereof.

(g)

The city reserves unto itself the power to revoke all franchises granted pursuant to this chapter, to change or limit the rights granted, or to otherwise modify the franchises, in its sole discretion, by ordinance duly enacted by it. Such action shall not be deemed a taking of a property, contract, or other right of any franchisee, it being the express intention of this chapter to reserve unto the city, the power, in its sole discretion, to alter the methods of solid waste collection employed in the city, and the manner in which to provide for solid waste services delivered within the city.

(h)

The city commission is authorized, from time to time, to grant one or more franchise(s) granting the right and privilege to operate a commercial garbage and trash collection and disposal system in, upon, over and across the present and future streets, alleys, easements and other public places of the city for the purpose of collecting all solid waste from commercial and multifamily establishments as defined in this chapter.

(i)

The franchise(s) shall be granted only after the applicant for the franchise has responded successfully to the request for qualifications and filed with the purchasing department, an application, and such other documentation as may reasonably by required to establish that the applicant meets all of the requirements delineated in this chapter.

(j)

The franchise(s) shall initially be granted for a period of five years, with three one-year options to renew, upon approval of the application by the city commission. The option to renew any franchise(s) for the additional three one-year periods shall be at the sole discretion of the city.

(k)

Franchise agreements shall be inclusive of the requirements of chapter 22 of the City Code, as amended. A commercial solid waste hauling company's servicing of a commercial property within the city without a city commission awarded franchise pursuant to chapter 22 of the City Code, as amended, shall be presumed a public nuisance and deemed damaging to the public health, safety, and general welfare.

(l)

All amendments to chapter 22 of the City Code, shall be deemed applicable to and a part of all franchise agreements, by operation of law, without need for execution of an amendment. For additional clarity, the department and each franchisee shall enter into and execute an amendment to the franchise agreement for addition of the requirements of this section, as amended.

(Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-18; Ord. No. 11703, § 13, 9-28-98; Ord. No. 11837, § 2, 9-28-99; Ord. No. 12258, § 2, 7-25-02; Ord. No. 12599, § 2, 10-14-04; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13194, § 2, 9-27-10; Ord. No. 13531, § 2, 7-9-15; Ord. No. 13889, § 2, 1-23-20)

Editor's note— Ord. No. 12599, § 2, adopted October 14, 2004, changed the title of § 22-46 from "Engaging in business of solid waste collection and disposal; issuance of nonexclusive franchise agreement to private solid waste collectors" to "Engaging in business of solid waste collection and disposal; issuance of franchise agreement to private solid waste collectors."