Littering and dumping prohibited; dumping or burying waste without proper authorization; illegal dumping in area bulky waste transfer stations; engaging in business of solid waste collection without franchise; declared public nuisance; presumption

(a)

Intent. It is the intent of the city commission to prevent, in whatever way possible, the abuse of the environment of the city through acts of any persons that are generally classified under the headings of "dumping" and "littering," which acts severely burden the taxpayers of the city and adversely affect the attractiveness, public health, safety and welfare of the community for its residents and visitors.

(b)

The city will provide sufficient litter containers to be placed in strategic locations throughout the city, with special consideration to be given to high density populations and heavily traveled areas, to be used for the deposit of litter by pedestrians only and not by abutting store owners or vendors.

(c)

Prohibited act(s). The following shall be unlawful:

(1)

Dumping litter and/or refuse in any manner or amount whatsoever in or on any public highway, road, street, alley, thoroughfare or any other public lands, except in containers or areas lawfully provided therefor. The provisions of F.S. § 403.413, as amended, shall apply to all public rights-of-way within the city.

(2)

Dumping litter and/or refuse in or on any freshwater lakes, canals, rivers or streams or tidal or coastal waters of the city.

(3)

Dumping litter and/or refuse and burying waste in any manner or amount whatsoever on any private property, unless prior written consent of the owner has been given, and such disposal has been authorized via permit by the county health department, provided said litter and/or refuse will not cause a public nuisance or be in violation of any other state or local laws or regulations.

(4)

Sweeping, blowing by mechanical means or dumping litter and/or refuse including stagnant water or dead animals into, upon or along the drain, gutter, alley, lane, sidewalk, street or vacant lot, or in any public or private premises within the municipal limits of the city.

(5)

Causing, maintaining, permitting or allowing the accumulation of any litter or refuse on any construction or building site before, during or after completion of said construction or building. It shall be the duty of the owner, or the owner's agent, of the property in question to make adequate provisions for the disposing of debris and litter and to have on the construction or building site adequate facilities for the disposing of said litter and refuse and to make appropriate arrangements for the collection thereof. Said arrangements and/or methods for disposing litter and debris shall be approved by the director prior to the issuance of a building permit.

(6)

Disposing of the carcass of any dead animal, domestic or otherwise, by the throwing, discarding, placing or depositing of said carcass in or on any of the locations noted in subsections (c)(1) through (3) of this section.

(7)

Discarding of garbage, fruit, or other matter subject to putrefaction, rotting or decay at minidumps shall constitute a violation of this chapter. Minidumps are restricted to use by residents of the city for the deposit of bulky waste from residential properties. The method of transporting this waste shall be as prescribed in section 22-7 herein.

(8)

Obstructing use of public facility, salvaging or vandalism by any person on the premises at which minidumps are located constitutes a violation of this chapter.

(d)

It shall be unlawful for any owner, occupant, lessee, employee, franchisee or other person from any commercial property to dump or cause to be dumped any material whatsoever from such commercial property at or upon any minidumps, public rights-of-way, city property or any unauthorized disposal location.

(e)

It shall be unlawful for any person, franchisee, firm, corporation or other legal entity to collect, remove or transport any solid waste material for compensation from any location or premises within the city without first having been granted a nonexclusive franchise by the city.

(f)

It shall be unlawful for any person, firm, corporation or other legal entity to utilize the services of any commercial solid waste collector who does not have a valid city solid waste nonexclusive franchise.

(g)

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.

(h)

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.

(i)

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 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.

(j)

Declared public nuisance. In addition to, and not in limitation upon any enforcement action for violation of this section, it is the intent of the city commission to declare the dumping of litter and/or refuse in the city, as hereinbefore described and prohibited, a public nuisance and to subject violators of this section to the provisions of this chapter calling for removal of such a public nuisance through notice, hearing and a lien enforcement procedure if the city so chooses to remedy the prohibited condition. Any action taken pursuant to this section in enforcing the provisions of this chapter shall be considered cumulative and in addition to penalties and other remedies provided elsewhere in this chapter.

(k)

Applicability of state and county laws. In addition to, and not in limitation of the provisions of this section, the provisions of F.S. § 403.413, also known as the "Florida Litter Law," and chapter 15 of the Code of Metropolitan Dade County, as amended from time to time, are hereby added to this Code of Ordinances and incorporated by reference herein. The city commission also respectfully suggests to any court finding persons guilty of violations of the "Florida Litter Law" that the provisions of F.S. ch. 948, "Probation," be utilized liberally in order to require such persons to expend appropriate amounts of time and effort gathering up litter and refuse at places within the city as may be designated by the court.

(l)

Noncompliance with any section shall be punishable in a manner as provided in sections 22-6 and 22-93. Noncompliance may result in the city's taking such action as it deems appropriate under the circumstances, and a lien shall be imposed against the property for recovery of all costs involved.

(m)

A civil fine of $500.00 per occurrence shall be imposed for littering and for illegal dumping by individuals and a fine of $1,050.00 per occurrence for littering and for illegal dumping when being done using a private vehicle.

(n)

Pursuant to the provisions of § 403.413, Fla. Stat., the Florida Litter Law, the sanitation inspectors are designated as litter enforcement officers of the city, for the purposes of enforcing F.S. § 403.413, and section 22-6 herein. Such employees are designated and appointed as litter enforcement officers.

(Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-6; Ord. No. 11703, § 6, 9-28-98; Ord. No. 11837, § 2, 9-28-99; Ord. No. 12258, § 2, 7-25-02; Ord. No. 12835, § 2, 10-12-06; Ord. No. 13194, § 2, 9-27-10; Ord. No. 13693, § 2, 7-13-17; Ord. No. 13889, § 2, 1-23-20)