Chapter 28 - SOLID WASTE MANAGEMENT

Sec. 27.12. - Same—Money and Other Property Not Defined in Preceding Section. Chapter 29 - GAS CODE Chapter 28 - SOLID WASTE MANAGEMENT[1]

Footnotes: --- (1) ---

Editor's note— Former ch. 28, "Garbage, Trash, and Weeds," was repealed in its entirety by ordinance (Doc. #25331) and a new chapter, entitled "Solid Waste Management," was adopted by city council on Dec. 9, 1991.

Cross reference— Accumulations of rubbish and debris at places of public assembly, § 18.10; sewer use, ch. 30.

State Law reference— Authority to enter into agreements for removal and disposal of garbage, Florida Statutes § 167.06; authority to prevent and remove accumulations of trash, filth, etc., on private premises, Florida Statutes § 167.05; when refuse, vegetable matter, etc., considered a nuisance, Florida Statutes § 386.04.

ARTICLE I. - GENERAL PROVISIONS[2]

Footnotes: --- (2) ---

Editor's note— Ord. of 12-27-1973 amended art. I, §§ 28.01—28.14-3, relative to municipal collection service, to read as herein set out. Former art. I, pertaining to the same subject matter, was derived from: Ord. of 9-24-1962, § 1; Ord. of 10-11-1965, § 1; Ord. of 10-21-1968, §§ 1, 2; Ord. of 11-25-1968, §§ 1—3; and Ord. of 8-16-1971, § 1.

Sec. 28.01. - Title.

This Chapter shall be known and may be cited as the "Solid Waste Management Ordinance of the City of Orlando."

(Ord. of 12-27-1973, § 1; Ord. of 4-3-1989, Doc. #22899; Ord. of 12-9-1991, Doc. #25331)

Sec. 28.02. - Purpose.

It is the policy of the City of Orlando to enhance the beauty and quality of the environment, conserve and recycle natural resources, prevent the spread of disease and the creation of nuisances, and protect the public health, safety, and welfare of the general public through the adoption, administration and regulation of a solid waste management program.

(Ord. of 12-27-1973, § 1; Ord. of 12-9-1991, Doc. #25331; Ord. No. 2019-9, § 2, 3-11-2019, Doc. #1903111202)

Sec. 28.03. - Federal, State and County Authority.

The provisions of this Chapter shall not be held to deprive any federal, state, or county government or agency, or any applicable governing body having jurisdiction, of any power or authority.

(Ord. of 2-25-1985, Doc. #19234; Ord. of 10-12-1987, Doc. #21545; Ord. of 4-3-1989, Doc. #22899; Ord. of 12-9-1991, Doc. #25331)

Sec. 28.04. - Definitions.

For the purposes of this Chapter the following terms, phrases, words, and their derivations shall have the meaning given to them in this section, except when the context clearly indicates otherwise:

(1)

Affected Multi-Family Residential Premises. Multi-family residential premises that have four or more dwelling units and are subject to the requirements in Section 28.15(2), below.

(2)

Ashes. The residue from the burning of wood, coal, coke, or other combustible materials.

(3)

Cart. A container that is approved by the Division Manager, made with heavy-duty plastic or other impervious material, mounted on wheels, and used to store solid waste or recovered materials.

(4)

City. Depending on the context, the City means either (a) the geographic area contained within the municipal boundaries of the City of Orlando, Florida or (b) the government of the City of Orlando, Florida, acting through the City Council and its designees.

(5)

Commercial Container. Any portable non-absorbent container approved by the Division Manager that is used to store solid waste from commercial premises and is emptied by mechanical means. Commercial Containers include but are not limited to roll off containers, dumpsters, and carts used for the collection of solid waste generated by commercial premises.

(6)

Commercial Establishment. Any property or properties zoned or used for commercial or industrial uses, or used by an entity exempt from taxation under s. 501(c)(3) of the Internal Revenue Code, and excludes property or properties zoned or used for single-family residential or multi-family residential uses.

(7)

Commercial Premises. Every lot or parcel of land that is improved for occupancy, but is not a residential premises. Commercial Premises includes improved property used primarily for: (a) commercial purposes, such as hotels, motels, offices, retail and wholesale stores, restaurants, other eating and drinking establishments, and service stations; (b) institutional purposes, such as government offices, churches, other religious facilities, hospitals, schools, and other educational facilities; and (c) industrial purposes, such as warehouses, and manufacturing and processing facilities.

(8)

Commercial Recycler. Any business entity or other person registered with the Division to engage in the business of collecting recovered materials from commercial establishments.

(9)

Commercial Waste. Solid waste that is generated or otherwise originates on commercial premises and is not intended for use or sale.

(10)

Construction and Demolition Debris. Discarded materials as defined in Section 403.703(6), Florida Statutes (2018). In general, construction and demolition debris means discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or demolition of a structure as part of a construction or demolition project or from the renovation of a structure, and includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste, including material from a construction or demolition site which is not from the actual construction or destruction of a structure, will cause the resulting mixture to be classified as other than construction and demolition debris.

(11)

Curbside. A location adjacent to a road or right-of-way that abuts a customer's property and provides access for vehicles collecting solid waste or recovered materials. A curbside location must be within three (3) feet of the curb, the edge of the road, or the edge of the right-of-way.

(12)

Director. The City's Director of Public Works or the Director's designee(s).

(13)

Disabled Person Collection Service. The collection of solid waste and recovered materials from residential premises where the adult occupants are determined by the Division Manager to be physically unable to place their solid waste and recovered materials at curbside for collection. Disabled person collection service shall be provided at the customer's back yard, side yard, or other location selected by the Division Manager.

(14)

Division. The City's Solid Waste Division.

(15)

Division Manager. The Manager of the Division or the Manager's designee(s).

(16)

Dwelling Unit. A room or rooms connected together and constituting a separate, independent housekeeping establishment for one family only, for occupancy periods of no less than thirty (30) consecutive days, and containing independent cooking and sleeping facilities.

(17)

Hazardous Waste. Solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed.

(18)

Multi-Family Residential Premises. Every lot or parcel of land in the City that contains a building with two (2) or more dwelling units under one roof. Multi-family residential premises include but are not limited to land on which there is a duplex, triplex, apartment complex, condominium, townhouse, mixed-use building, or other building that contains two or more dwelling units.

(19)

Occupant. Any person that occupies real property located in the City, whether as a tenant or otherwise.

(20)

Owner. A person that holds a legal or equitable estate in real property located in the City, whether alone or jointly with others, and whether in possession of the property or not. Owner includes any person that is in possession or control of the property, including any agent of the owner serving as a manager, executor, administrator, trustee, or guardian of the estate of the owner.

(21)

Person. Any and all persons, natural or artificial, including any individual, firm, or association; any municipal or private corporation organized or existing under the laws of this state or any other state; any county of this state; and any governmental agency of this state or the Federal Government.

(22)

Recovered Materials. Recovered materials means metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but the term does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste.

(23)

Recovered Materials Container. Any cart or other container or device approved by the Division Manager for the collection of recovered materials. Such containers shall be designed and constructed to ensure the safe containment and conveyance of the recovered materials placed therein. A recovered materials container used for affected multi-family residential premises or commercial establishments shall be clearly labeled with: (a) the term "For Recovered Materials Only;" (b) the name of the owner of the container; and (c) the types of recovered materials to be collected in the container.

(24)

Recyclable Material. Materials that are capable of being recycled and that would otherwise be processed or disposed of as solid waste.

(25)

Recycling. Any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or intermediate or final products.

(26)

Recycling Cart. A cart used to store recovered materials and other source separated recyclable materials.

(27)

Residential Container. A cart, a sealed heavy duty plastic bag, or a compactor-type paper bag, that is approved by the Division Manager and used to store solid waste or recovered materials generated at residential premises. Any such plastic or paper bag shall not exceed thirty (30) gallons in capacity and shall not exceed forty (40) pounds in weight when filled.

(28)

Residential Premises. Every lot or parcel of land in the City that is improved for occupancy as a single or multi-family residence, including but not limited to a single family house, duplex, triplex, quadraplex, condominium, apartment complex, or individually owned mobile home that is not used or licensed as a business.

(29)

Roll Off Container. A large metal container, ten (10) cubic yards or greater in size, used for the collection of solid waste or recovered materials, that is rolled off of a vehicle or trailer when the container is placed at a site and then rolled onto the vehicle or trailer when the container is transported to another location.

(30)

Solid Waste. Sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Recovered materials as defined in this Section 28.04 are not solid waste.

(31)

Solid Waste Collection Services. The collection of solid waste from residential premises and commercial premises in the City. Solid waste collection services may be provided by the City, its agents, licensees, franchisees or other representatives. Solid waste collection services include but are not limited to residential collection service, disabled person collection service, multi-family residential premises collection service, commercial premises collection service, and special collection service.

(32)

Source Separated. Source separated means recovered materials are separated from solid waste where the recovered materials and solid waste are generated. The term does not require that various types of recovered materials be separated from each other and recognizes de minimis solid waste, in accordance with industry standards and practices, may be included in the recovered materials. Materials are not considered source separated when two or more types of recovered materials are deposited in combination with each other in a commercial container located where the materials are generated and when such materials contain more than ten (10) percent solid waste by volume or weight.

(33)

Yard Trash. Vegetative matter resulting from landscaping maintenance and land-clearing operations and includes associated rocks and soils.

(Ord. of 12-27-1973, § 1; Ord. of 2-25-1985, Doc. #19234; Ord. of 4-3-1989, Doc. #22899; Ord. of 12-9-1991, Doc. #25331; Ord. of 6-22-1992, Doc. #25820; Ord. of 11-15-1993, Doc. #27049; Ord. of 12-13-1999, § 7, Doc. #32494; Ord. of 7-26-2010, § 1, Doc. #1007261102; Ord. No. 2019-9, § 2, 3-11-2019, Doc. #1903111202)

Sec. 28.05. - Solid Waste Collection Provided Exclusively By City; Exceptions.

(1)

All solid waste accumulated in the City shall be collected, conveyed and disposed of by the City or its designated agents, licensees, franchises or contract representatives under the direction of the Division pursuant to the terms and provisions of this Chapter, and such rules and regulations as the Solid Waste Division Manager shall prescribe for the collection, conveyance and disposal of such solid waste.

(2)

No other person shall collect, convey over any of the streets or alleys of the City or dispose of any solid waste accumulated in the City except as follows:

(a)

Commercial Waste. This section shall not prohibit the producers of commercial waste, or the owner of premises upon which commercial waste has accumulated, from personally collecting, conveying, and disposing of commercial waste if such service is not provided by the City, its licensees, franchisees, contract representatives, or any other duly authorized representative of the City; subject to the rules and regulations of the Solid Waste Division Manager.

(b)

Construction and Demolition Debris. This section shall not prohibit the producers of construction and demolition debris, or the owner of premises upon which construction and demolition debris has accumulated from personally collecting, conveying, and disposing of construction and demolition debris subject to the rules and regulations of the Solid Waste Division Manager.

(c)

Outside Collectors. This article shall not prohibit collectors of solid waste which has been collected outside the City limits from hauling such solid waste over city streets; provided that such collectors comply with the provisions of this Chapter, rules and regulations of the Solid Waste Division Manager, and any other governing law or ordinance of the City.

(d)

Roll-Off Franchise. The City may grant non-exclusive roll-off container franchises to persons, firms or corporations utilizing roll-off containers for the collection and disposal of (i) solid waste which originates upon commercial premises within the City, (ii) construction and demolition debris from premises located within the City, and (iii) solid waste which originates from multi-family residential premises located within the City, upon such terms and conditions as the City may deem appropriate. All such franchises in effect as of the effective date of this act are ratified, validated and confirmed. Unless otherwise provided herein, only those persons who are granted a non-exclusive roll-off franchise by the City may collect and dispose of solid waste within the City utilizing roll-off containers.

(Ord. of 12-27-1973, § 1; Ord. of 2-25-1985, Doc. #19234; Ord. of 4-3-1989, Doc. #22899; Ord. of 12-9-1991, Doc. #25331; Ord. of 11-15-1993, Doc. #27049; Ord. of 7-26-2010, § 1, Doc. #1007261102; Ord. No. 2019-9, § 3, 3-11-2019, Doc. #1903111202)

Sec. 28.06. - Supervision, Regulations, Appeal From Regulations.

(1)

Rules and Regulations. All solid waste accumulated in the City shall be collected, conveyed and disposed of under the supervision of the Solid Waste Division Manager. The Solid Waste Division Manager is hereby authorized to adopt and amend reasonable rules and regulations concerning the collection, conveyance, and disposal of solid waste as he shall deem necessary, including but not limited to, regulations concerning the days of collection, type and location of containers, and fees for special solid waste services.

(2)

Appeals. Any person aggrieved by a fee charged, rule or regulation adopted or amended, or other decision or determination of the Solid Waste Division Manager, shall have the right to appeal such action to the City's Public Works Director by filing written notice of appeal within thirty (30) calendar days after such person knows or should have known of the decision or other action giving rise to the appeal. The Director shall have the authority to confirm, modify or revoke any such rule, regulation, fee, determination, decision or other action. The Director's action shall constitute final City action on the matter.

(Ord. of 12-27-1973, § 1; Ord. of 2-25-1985, Doc. #19234; Ord. of 9-16-1985, Doc. #19713; Ord. of 10-12-1987, Doc. #21545; Ord. of 4-3-1989, Doc. #22899; Ord. of 12-10-1990, Doc. #24437; Ord. of 12-9-1991, Doc. #25331; Ord. of 12-13-1999, § 7, Doc. #32494; Ord. of 7-26-2010, § 1, Doc. #1007261102; Ord. No. 2019-9, § 4, 3-11-2019, Doc. #1903111202)

ARTICLE II. - SOLID WASTE COLLECTION AND DISPOSAL[3]

Footnotes: --- (3) ---

Editor's note— An ordinance enacted Aug. 2, 1971, amended art. II by revising §§ 28.15—28.19 to read as herein set out and repealing former §§ 28.20—28.22, pertaining to the removal of weeds from vacant lots, which sections were derived from Ord. of 2-29-1956, § 62.57a, and Ord. of 12-12-1966, § 1.

Charter reference— Taxation for removal of weeds and rubbish, lien for expenses, ch. 13, §§ 17, 18.

State Law reference— Authority to require the cutting and removal of weeds and other noxious plants and the removal of accumulations, etc., of trash, Florida Statutes § 167.05.

Sec. 28.07. - Residential Premises.

(1)

Schedule of Fees.

(a)

Single Family Dwelling Unit. Any single family dwelling unit with kitchen facilities: Fifteen and 85/100 dollars ($15.85) per month shall be charged for residential curbside solid waste collection.

(b)

Multi-Family with Two or More Bedrooms. Any multi-family dwelling consisting of two or more bedrooms and which is individually billed and located on multi-family residential premises: Fourteen and 71/100 dollars ($14.71) per month shall be charged for residential City-furnished solid waste container collection service.

(c)

Multi-Family Efficiency or One Bedroom. Any multi-family dwelling consisting of an efficiency or one bedroom unit that is individually billed and located on multi-family residential premises: Twelve and 45/100 dollars ($12.45) per month shall be charged for residential City-furnished solid waste container collection service. Efficiency or one bedroom units must be qualified through a certification procedure established by the Solid Waste Division. Rate will become effective upon completion of this requirement with no retroactive credits allowed.

(d)

Rooming House. Rooming houses shall be charged the applicable commercial rate for solid waste service.

(e)

Residential Multi-Unit Not Individually Billed. Residential multi-unit dwellings not billed individually shall be billed as a commercial premises and charged the applicable commercial rate for solid waste service.

(f)

Disabled Person Collection Service. Residential premises where all adult residents qualify for disabled person collection service shall be charged the rate for a single family dwelling unit.

(g)

Solid Waste Deposits. The City of Orlando through the Orlando Utilities Commission shall collect on all new residential customers a cash deposit to guarantee the payment of solid waste bills. Such deposit shall be at least Fifty Dollars ($50.00) for solid waste service and shall be handled in accordance with the Administrative Policy of the Orlando Utilities Commission.

(2)

Collection Frequency. Solid Waste accumulated by residential premises shall be collected once each week, except as otherwise deemed necessary by the Solid Waste Division Manager.

(3)

Approved Containers. All solid waste accumulated by residential premises shall be placed in an approved residential container for collection.

(4)

Location of Containers/Bundles for Collection.

(a)

All residential containers or bundles shall be placed upon the curbside no earlier than 5:00 p.m. of the day before scheduled residential curbside collection and no later than 6:00 a.m. of the day of scheduled collection. The Solid Waste Division Manager may approve the placement of approved containers upon the curbside at an earlier time as the Division Manager deems necessary. All containers must be removed from the curb-line by 6 a.m. of the day after collection. The City may impose a Twenty-Five dollar ($25.00) roll-back fee if the customer fails to remove the container within the specified time frame and the City is required to do so.

(b)

Residential premises receiving backyard collection service will utilize a collection point designated by the Solid Waste Division Manager.

(5)

Limitation as to Quantity. A limit of 96 gallons of solid waste will be collected per single family residence per collection day, unless otherwise approved by the Solid Waste Division Manager.

(Ord. of 2-25-1985, Doc. #19234; Ord. of 10-12-1987, Doc. #21545; Ord. of 4-3-1989, Doc. #22899; Ord. of 12-9-1991, Doc. #25331; Ord. of 9-27-1993, Doc. #26917; Ord. of 11-28-1994, Doc. #28062; Ord. of 6-21-2004, § 1, Doc. #040621910; Ord. of 7-26-2010, § 1, Doc. #1007261102; Ord. No. 2019-9, § 5, 3-11-2019, Doc. #1903111202)

Sec. 28.08. - Commercial Premises.

(1)

Schedule of Fees.

(a)

Non-City Containers. A minimum fee of Twenty-Five and 58/100 Dollars ($25.58) per month shall be charged for commercial solid waste collection service without the use of City-furnished commercial containers. Any and all non-City furnished commercial containers are subject to the review and approval of the Solid Waste Division Manager prior to use and the Solid Waste Division Manager shall determine whether such service can be provided without the use of City-furnished commercial containers.

(b)

City-Furnished Containers. A fee of Five and 88/100 Dollars ($5.88) per cubic yard shall be charged for commercial solid waste collection service using City-furnished commercial containers; provided, however, that each commercial premise shall pay a minimum fee of Twenty-Five and 58/100 Dollars ($25.58) per month.

(i)

Commercial recycling collection service using City-furnished commercial recycling containers shall be charged a fee set by the Solid Waste Division Manager that is less than the fee charged for solid waste collection, and which shall be based on both operational costs and the current processing rate for recycled materials.

(c)

Compacted Solid Waste. Where the collection of compacted solid waste is approved by the Solid Waste Division Manager, the fee shall be Twelve and 37/100 Dollars ($12.37) per cubic yard.

(2)

Collection Frequency. Owners of commercial premises shall enter into an agreement with the Solid Waste Division Manager for the frequency of solid waste collection. When solid waste collection frequency, container size, and/or solid waste container type are affected by commercial recycling, the Solid Waste Division Manager shall have the sole authority to determine the effect and/or change caused by commercial recycling on solid waste collection frequency, container size and/or solid waste container type. Where deemed necessary by the Solid Waste Division Manager, the Solid Waste Division Manager shall also have the authority to require that more frequent solid waste collections be made.

(3)

Approved Containers.

(a)

Furnished by City. Where deemed necessary by the Solid Waste Division Manager, the City will furnish a commercial container to a customer subject to the rules and regulations governing the use of City-owned commercial containers.

(b)

Furnished by Customer. Where deemed necessary by the Solid Waste Division Manager, due to volume, weight or content of solid waste, the customer shall be required to furnish the commercial container, the type and use of which may be specified by the Solid Waste Division Manager.

(4)

Location of Commercial Containers for Collection.

(a)

Location. The location of commercial containers serviced by the City, its designated agents, licensees, franchisees or contract representatives shall be designated by the Solid Waste Division Manager.

(b)

Change of Location. Once the location of the commercial container has been designated by the Solid Waste Division Manager, no change of location is permissible without the approval of the Solid Waste Division Manager.

(c)

Location Requirements. The owner-occupant of commercial premises needing solid waste collection shall provide the Division with location(s) for the placement of commercial container(s) that meet the requirements of City Code Sections 58.951—58.955 and other safety and accessibility standards determined by the Solid Waste Division Manager. All costs of preparation of the commercial container sites and safe access routes shall be paid by the owner-occupant.

(5)

Unauthorized Use of Containers.

(a)

It shall be unlawful for any person to dispose of solid or industrial waste in any commercial container unless such person has contracted with the City for the use of the commercial container, or the person has been given authority to use the commercial container by the person who has contracted with the City for the use of the commercial containers. Any person found guilty of violating this provision shall pay a fine of not more than fifty dollars ($50.00).

(b)

Sharing Commercial Containers. The Solid Waste Division Manager may require commercial premises to share the use of commercial containers provided by the City.

(c)

It shall be unlawful for any unauthorized person to remove any solid waste from an approved commercial container. Any person found guilty of violating this provision shall pay a fine of not more than one hundred dollars ($100.00).

(6)

Trespass in Commercial Containers.

(a)

It shall be unlawful for any unauthorized person to enter and/or be inside of any commercial container furnished by the City.

(b)

For purposes of this section, it shall be prima facie evidence that a solid waste container is a commercial container furnished by the City if it has one or more of the following sets of words on its exterior surface:

-

"CITY OF ORLANDO"

-

"TOW AWAY ZONE—CARS BLOCKING THIS CONTAINER WILL BE REMOVED AT OWNERS EXPENSE"

-

"$50 FINE FOR UNAUTHORIZED USE"

-

"$50 FINE FOR DUMPING HOUSEHOLD GARBAGE IN THIS CONTAINER"

(Ord. of 2-25-1985, Doc. #19234; Ord. of 4-3-1989, Doc. #22899; Ord. of 12-9-1991, Doc. #25331; Ord. of 11-15-1993, Doc. #27049; Ord. of 11-28-1994, Doc. #28062; Ord. of 6-21-2004, § 2, Doc. #040621910; Ord. of 7-26-2010, § 1, Doc. #1007261102; Ord. No. 2019-9, § 6, 3-11-2019, Doc. #1903111202)

Sec. 28.09. - General Provisions.

The following provisions of this section shall apply to the collection of residential and commercial solid waste and recovered materials within the City of Orlando:

(1)

Fees.

(a)

Payment of Fees. The charges established by Sections 28.07(1) and 28.08(1) of this Code shall be billed and collected in such a manner as the City Council shall from time to time arrange and determine.

(b)

Adjustment of Fees. The charges established in Sections 28.07(1) and 28.08(1) of this Code shall be automatically increased by four (4.0) percent on October 1 of each year unless City Council affirmatively acts not to impose the scheduled increase in any given year. This increase shall not apply to the Solid Waste deposit set forth in Section 28.07(1)(g).

(c)

Delinquent Accounts. All accounts shall be delinquent if not paid as provided in the invoice reflecting the charges for the service rendered. All delinquent accounts may result in the termination of collection service without notice. If a delinquent account is not paid within thirty (30) days, the Solid Waste Division Manager shall terminate all solid waste or recovered material collection for the account, unless otherwise directed by the Public Works Director.

(d)

Waiver of Fees. The Solid Waste Division Manager shall have the authority to waive the solid waste or recovered material collection fee(s) provided for in sections 28.07(1) and 28.08(1) should an investigation reveal that a commercial or residential premise does not generate any solid waste or recovered material, and thereby does not require solid waste or recovered material collection service by the City or any of its franchisees, licensees contract representatives, or other legally authorized person. If at any time during a billing period, it becomes necessary for the City to provide solid waste or recovered material collection service to a commercial or residential premise, the particular premise shall be billed as though it had utilized the solid waste or recovered material collection service for the whole billing period. This subsection shall not be construed to allow any person to violate any provisions of this or any other chapter of the City Code.

(e)

Newly Annexed Commercial Premises. The Solid Waste Division Manager shall also have the authority to deviate from the solid waste or recovered material collection fee(s) provided for in Section 28.08(1) allowing for a fee adjustment grace period for newly annexed commercial premises. The Solid Waste Division shall maintain solid waste or recovered material collection fee(s) currently in effect prior to said annexation for a one-year period, with a one-year extension at the sole option of the City, as determined by the Solid Waste Division Manager. The charges for solid waste collection of said premises shall be billed and collected in such a manner as the City Council shall from time to time establish. Delinquent accounts shall be handled in the manner provided for in Section 28.09(1)(c) herein. Notwithstanding anything else contained herein, the City shall comply with the applicable requirements in Section 171.062, Florida Statutes, when dealing with newly annexed areas.

(2)

Storing of Solid Waste or Recovered Material. No person shall place any solid waste or recovered material in any street, alley, or other public place or upon any private property, whether owned by such person or not, within the City, except it be in proper containers for collection or in metal, plastic, or other type containers under express approval of the Solid Waste Division Manager. Nor shall any person throw or deposit any solid waste or recovered material in any lake, stream or other body of water.

(a)

Unauthorized Accumulation. Any unauthorized accumulation of solid waste or recovered material on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of solid waste or recovered material within such period as may be fixed in a written or printed notice by the Solid Waste Division Manager posted on the premises or delivered to the owner-occupant of the premises shall be deemed a violation of this article.

(b)

Scattering of Solid Waste or Recovered Material. No person shall cast, place, sweep or deposit anywhere within the City any solid waste or recovered material upon any street, sidewalk, alley, sewer, parkway or other public place or in any such a manner that it may be carried or deposited by the elements, upon any street, sidewalk, alley, sewer, parkway, or other public place, or into any premises within the City.

(3)

Preparation of Solid Waste or Recovered Material for Collection.

(a)

Solid Waste. All solid waste and recovered materials shall be drained of all liquid before being placed in approved containers for collection. All cans and bottles which have contained food or foodstuffs shall be thoroughly rinsed and drained before being placed in approved containers for collection.

(b)

Construction and Demolition Debris. Construction and Demolition Debris shall be consolidated by the owner thereof, or the owner of the premises, subject to the rules and regulations of the Solid Waste Division Manager.

(c)

Ashes. Containers for the deposit of ashes within shall be made of metal. Ashes must be cold before being placed in containers for collection.

(d)

Maintenance of Containers. It shall be the responsibility of the commercial establishment or the residential owner and occupants of a residential premise to maintain the containers, bags, bundles, piles, and other materials placed for collection.

(e)

Amendments. The Solid Waste Division Manager shall have the authority to amend the above preparation regulations if in his opinion such amendments would protect the public health, safety and welfare of the citizens of Orlando.

(4)

Yard Trash.

(a)

Collection Frequency. Yard trash accumulated by residential and commercial premises shall be collected pursuant to the schedule established by the Solid Waste Division Manager.

(b)

Approved Containers. Yard Trash shall be separated from other solid waste and placed in a plastic bag sealed with a tie, tape or other suitable fastener. If the yard trash will not fit into a plastic bag, then the yard trash may be neatly stacked and bound with a rope, string, or other non-metallic fastener, or placed in a cardboard box or other disposable container with the yard trash clearly visible or the container clearly labeled "Yard Trash" and sealed with a tie, tape or other suitable fastener.

(c)

Location of Containers/Bundles for Collection. The yard trash containers or bundles shall be placed upon the curbside no earlier than 5:00 p.m. of the day before the scheduled curbside collection and no later than 6:00 a.m. the day of the scheduled curbside collection. The Solid Waste Division Manager may approve the placement of such containers or bundles of yard trash upon the curbside at an earlier time as he deems necessary.

(d)

Limitation as to Quantity. Yard trash collected in a plastic bag shall not exceed forty (40) pounds in weight. Yard trash which is neatly stacked and bound shall not contain individual items more than four (4) inches in diameter, four (4) feet in length and forty (40) pounds in weight. Total amount collected shall not exceed 4 cubic yards per collection day. Excess or unbundled yard trash shall be collected for an additional fee of Ten Dollars ($10.00) per cubic yard.

(e)

Yard Trash; Accumulation Prohibited. It shall be unlawful for any person to permit or allow any yard trash to accumulate or remain upon any property located in the City if it would be hazardous to the health, safety or welfare of the citizens of the City.

(Ord. of 12-27-1973, § 1; Ord. of 5-13-1974, §§ 1, 2; Ord. of 12-30-1974, § 2; Ord. of 7-14-1975, §§ 1, 2; Ord. of 5-16-1977, § 1; Ord. of 4-23-1979, § 1; Ord. of 9-15-1980, §§ 1, 2; Ord. of 2-25-1985, Doc. #19234; Ord. of 4-3-1989, Doc. #22899; Ord. of 12-9-1991, Doc. #25331; Ord. of 11-15-1993, Doc. #27049; Ord. of 2-26-1996, Doc. #29179; Ord. of 6-21-2004, § 3, Doc. #040621910; Ord. of 7-26-2010, § 1, Doc. #1007261102; Ord. No. 2019-9, § 7, 3-11-2019, Doc. #1903111202)

Sec. 28.10. - Special Solid Waste Problems.

(1)

Contagious Disease Solid Waste. The removal of wearing apparel, bedding or other solid waste from homes or other places where highly infectious or contagious diseases have prevailed should be performed under the supervision and direction of the Orange County Health Officer. Such solid waste shall not be placed in containers for regular collection.

(2)

Flammable or Explosive Solid Waste. Highly flammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the Solid Waste Division Manager at the expense of the owner or possessor thereof.

(3)

Non-Regularly Scheduled Pick-Up. For any non-regularly scheduled pick-up of solid waste or other material referenced in this Chapter due to the violation of this Chapter, including, but not limited to early placement, unauthorized accumulation or scattering of solid waste or other material, the City's Solid Waste Division Manager shall have the authority to assess an administrative charge for the actual cost of labor, vehicles and materials necessary to properly transport the solid waste or other materials away from the customer's residential or commercial premise. For any and all successive non-regularly scheduled pick-ups during any twelve (12) month period, the Division Manager, in addition to the administrative charge, shall have the authority to assess an administrative penalty up to and including one hundred and 00/100 dollars ($100.00).

(Ord. of 12-27-1973, § 1; Ord. of 2-25-1985, Doc. #19234; Ord. of 4-3-1989, Doc. #22899; Ord. of 12-9-1991, Doc. #25331; Ord. of 7-26-2010, § 1, Doc. #1007261102; Ord. No. 2019-9, § 8, 3-11-2019, Doc. #1903111202)

Sec. 28.11. - Collection by Construction and Demolition Debris Producers and Outside Collectors.

(1)

Collection and Transportation. The producers of construction and demolition debris, or the owner of premises upon which construction and demolition debris is produced who personally collect, convey and dispose of construction and demolition debris as provided in Section 28.05(2)(b) of this Code, shall be subject to the rules and regulations of the Solid Waste Division Manager, and vehicles used by such producers shall be approved by the Solid Waste Division Manager. Collectors of solid waste from outside the City who transport solid waste over the streets of the City, shall use a watertight container for transportation of such solid waste, provided with a tight cover, and the container shall be so constructed and maintained so as to prevent offensive odors from escaping therefrom and to prevent solid waste from being blown, dropped or spilled.

(2)

Disposal. Disposal of solid waste by persons so permitted under the above shall be made outside the City, unless otherwise specifically authorized by the Solid Waste Division Manager. The Solid Waste Division Manager shall have the authority to permit the disposal of such material at a designated disposal site.

(3)

Rules and Regulations. The Solid Waste Division Manager shall have the authority to make such other reasonable regulations concerning individual collection and disposal and relating to the hauling of solid waste over City streets by outside collectors as he shall find necessary, subject to the right of appeal as set forth in Section 28.06(2) hereof.

(4)

Solid Waste Property of City. Ownership of solid waste placed in solid waste collection containers provided by the City or deposited on the City disposal site shall be vested in the City. However, notwithstanding anything else contained in the City Code, the ownership of, title to, and responsibility and liability for any hazardous waste or hazardous substance shall remain with the generator of such waste or substance at all times, even if such waste or substance is placed in a City collection container or disposal site.

(Ord. of 12-27-1973, § 1; Ord. of 2-25-1985, Doc. #19234; Ord. of 4-3-1989, Doc. #22899; Ord. of 12-9-1991, Doc. #25331; Ord. of 11-15-1993, Doc. #27049; Ord. No. 2019-9, § 9, 3-11-2019, Doc. #1903111202)

Sec. 28.12. - Prohibited Acts.

The following acts are prohibited and an offense against the City:

(1)

Decaying Matter. No person shall place or deposit or cause to be placed or deposited upon any streets, sidewalks, or public or private premises any decaying flesh or vegetable matter or other noisome thing which is obnoxious to neighbors or passersby or which endangers the health of the public. The failure by such person to remove the decaying matter within twenty-four (24) hours after receipt of the Division Manager's order to remove the same, without just cause, shall be a violation of this article.

(2)

Keeping Hides, Rags or Other Offensive Matter in or upon Commercial Premises. No person shall keep a deposit of green or dry hides or filthy rags, bones, guano or any other matter or things of offensive or noisome odors in or upon their commercial premise. The Director, Orange County Health Officer or Division Manager shall order any person keeping such nuisance to remove the same within twenty-four (24) hours. A failure by such persons to comply with such order, without just cause, shall be a violation of this article.

(3)

Unhealthy Carcasses. No person shall place or deposit upon any streets, sidewalks, public or private premises any carcass which is found to annoy or endanger the health of any person. The Director or Division Manager shall order the owner thereof or the owner of the premises whereon the carcass is found to remove it within six (6) hours. Failure to comply with such order, without just cause, shall be a violation of this article.

(4)

Paper, Leaves, Trash, etc., on Street or in Gutters. No paper, handbills, leaves, lawn trimmings, brush, sidewalk sweepings or solid waste of any description shall be thrown on the street or be deposited in the gutters of any street.

(5)

Sweepings. No merchant or storekeeper shall sweep their place of business or store upon the street, but the sweepings shall be gathered into an approved container and placed at a location approved by the Division Manager as herein provided.

(6)

Discharging Foul Water or Decaying Flesh on Streets or Premises. No person shall discharge on any street or alley, or on their own premises or the premises of another, any foul or fetid water, or throw thereon any decaying flesh or vegetable or other offensive or noisome matter.

(7)

Tree Trunks, Limbs and Other Debris on Streets, etc. It shall be unlawful for any person, to place or deposit or caused to be placed or deposited upon any of the streets, sidewalks, parkways, thoroughfares, public parks, or other public places of the City, any tree trunks or limbs, any trash, debris, papers, litter, solid waste, or other discarded matter of whatever kind, except as specifically provided within the rules and regulations.

(8)

Responsibility of Owner/Occupant. No person having custody or control of residential or commercial premises from which solid waste, construction and demolition debris, or recovered material is collected in the City of Orlando shall permit or cause any such material within their control to become a hazard to public travel, health, or safety, or to become a nuisance of any sort.

(Ord. of 12-27-1973, § 1; Ord. of 10-12-1987, Doc. #21545; Ord. of 12-9-1991, Doc. #25331; Ord. of 11-15-1993, Doc. #27049; Ord. of 7-26-2010, § 1, Doc. #1007261102; Ord. No. 2019-9, § 10, 3-11-2019, Doc. #1903111202)

Sec. 28.13. - Penalty.

Any person who violates any of the provisions of this chapter shall, upon conviction, be punished as provided in Section 1.08 of this Code. The actions, penalties, and remedies set forth in this Chapter are nonexclusive and concurrent with any and all other actions, penalties, and remedies available to the City at law or in equity, including but not limited to other actions available under City Code.

(Ord. of 12-27-1973, § 1; Ord. of 12-30-1974, § 3; Ord. of 12-9-1991, Doc. #25331; Ord. of 7-26-2010, § 1, Doc. #1007261102)

ARTICLE III. - RECYCLING

Sec. 28.14. - Purpose and Declaration of Policy.

This Article III has been created in response to the significant public interest in reducing the amount of solid waste sent to landfills. Given the environmental and economic benefits of recycling, it shall be the policy of the City to encourage the source separation and recycling of recyclable materials to the greatest extent practicable, subject to the conditions and limitations herein.

(Ord. of 2-25-1985, Doc. #19234; Ord. of 10-12-1987, Doc. #21545; Ord. of 4-3-1989, Doc. #22899; Ord. of 12-9-1991, Doc. #25331; Ord. No. 2019-9, § 11, 3-11-2019, Doc. #1903111202)

Sec. 28.15. - Collection of Recovered Materials at Residential and Commercial Premises.

(1)

Recycling Program for Single Family, Duplex, and Triplex Residences.

(a)

Residential Recycling Program. The City hereby establishes a recycling program for single family, duplex, and triplex residences in the City. The Division Manager shall designate the recyclable materials that will be collected pursuant to this recycling program. Residents who wish to participate in this recycling program shall separate the designated recyclable materials from their solid waste and then place the recovered materials in a recycling cart. The recycling cart and its contents shall be placed at curbside no earlier than 5:00 p.m. of the day before the scheduled collection and no later than 6:00 a.m. of the scheduled collection day.

(b)

No Limits on Quantity. There shall be no limit on the volume of recovered material that may be set out by a resident for collection at curbside by the City. However, the weight of the recovered material placed in a recycling cart shall not exceed the maximum weight limit shown on the cart.

(c)

Ownership of Recovered Material. When the generator (owner) of any recovered materials places such material at curbside for collection by the City, the title to and ownership of such material shall transfer to and vest automatically in the City. It shall be a violation of this Chapter 28 for any person (other than the City's authorized personnel) to collect, pick up, or remove any such material after the material has been placed at curbside.

(d)

Exclusive Collection by City. Recovered material that is placed at curbside pursuant to this Section 28.15(1) shall be collected, conveyed and managed exclusively by the City or its designated agents, licensees, franchisees, or representatives, who shall comply with the directions, rules, and regulations prescribed by the Division Manager pursuant to this Chapter 28.

(2)

Recycling Program for Multi-Family Residential Premises.

(a)

Multi-Family Recycling Program. The City hereby establishes a recycling program for multi-family residential premises in the City that have four or more dwelling units (i.e., affected multi-family residential premises). In accordance with the schedule for implementation set forth in Section 28.15(2)(d) below, the owners of all such multi-family residential premises shall implement and at all times thereafter maintain a recycling program that complies with the requirements in this Section 28.15(2).

(b)

Recyclable Materials; Collection. The recycling program shall provide an on-site system for the separation and collection of the following recyclable materials:

(i)

Mixed paper and newspaper;

(ii)

Corrugated cardboard and paperboard;

(iii)

Glass containers;

(iv)

Plastic containers #1 through #7; and

(v)

Metal and aluminum cans.

The owner of each affected multi-family residential premises shall provide or arrange for the provision of one or more containers for the collection of recovered materials on their property. The recovered materials containers shall be sized and in sufficient numbers to satisfy the reasonable needs of the residents, tenants, and other occupants of the property. Recovered materials containers shall be placed only in locations on the property that comply with the requirements of the City Code governing the placement of such containers. The Solid Waste Division Manager may suspend the requirement for on-site separation and collection of one or more of the recyclable materials listed above in the event that market conditions or other good cause exists for such suspension.

(c)

Recycling Verification Form. On or before the applicable implementation date set forth in Section 28.15(2)(d), below, the owner of each affected multi-family residential premises shall submit a recycling program verification form to the Division Manager. The form is available from the City and may be found on the City's webpage. When completing this form, the owner shall provide sufficient information to demonstrate that the recycling program for the owner's property complies with the requirements in this Section 28.15(2). At a minimum, the owner shall provide the following information:

(i)

The address of the multi-family residential premises;

(ii)

The contact information for the person responsible for the management of the multi-family residential premises;

(iii)

The name and telephone number of the company providing collection service for recovered materials at the multi-family residential premises;

(iv)

The size, type, and number of containers being used to collect recovered materials;

(v)

The location(s) of the recovered materials container(s) on the property; and

(vi)

Such other information as the Division Manager may request.

An updated verification form shall be submitted by the owner within thirty (30) days if there are any changes to the recycling program. An updated verification form also shall be submitted within thirty (30) days if the owner receives a request from the Division Manager for updated information.

(d)

Recycling Implementation Schedule. Multi-family residential premises having four or more dwelling units shall establish and implement their recycling program in compliance with the following schedule:

(i)

Within thirty (30) days after the issuance of a certificate of occupancy or certificate of completion for property that is newly developed or substantially improved, if the first application for a building permit for the new development or substantial improvement was filed with the City on or after October 1, 2019.

(ii)

On or before April 1, 2020, for multi-family residential premises with 250 or more dwelling units, unless the recycling program must be implemented earlier pursuant to subsection (i) above.

(iii)

On or before April 1, 2021, for multi-family residential premises having 75 or more dwelling units, but less than 250 dwelling units, unless the recycling program must be implemented earlier pursuant to subsection (i) above.

(iv)

On or before April 1, 2023, for multi-family residential premises having four or more dwelling units, but less than 75 dwelling units, unless the recycling program must be implemented earlier pursuant to subsection (i) above.

(e)

Exemptions. Exemptions from the requirements of this Section 28.15(2) may be granted, in whole or in part, by the Division Manager upon such terms as the Division Manager deems appropriate. Applications for an exemption shall be submitted in writing to the Division Manager on forms provided by the Division. Applications shall contain the information requested by the Division Manager. Applications may be granted if:

(i)

A requirement in this Section 28.15(2) is incompatible with a requirement in another City ordinance or applicable law, and no waiver of the other requirement has been granted;

(ii)

There is not sufficient space available on the property for the storage of the recovered material container(s);

(iii)

The requirements in Section 28.15(2) will cause the applicant to suffer financial or other hardships that are not shared generally by the multi-family residential premises complying with such requirements;

(iv)

The residents of the property only generate a negligible amount of the designated recyclable materials;

(v)

The owner has entered into a contract with a duly licensed person for the post-collection separation of recyclable materials, which will achieve a level of recycling that is comparable to the results achieved with source separation before collection; or

(vi)

Other good cause for relief is demonstrated, as determined by the Division Manager.

An exemption may be granted for as long as the exemption is needed, as determined by the Division Manager, but an exemption shall not exceed a period of one year. However, the owner may request and the Division Manager may approve the issuance of a new exemption on the same or a different basis.

(f)

Recordkeeping. The owner of multi-family residential premises subject to the requirements in Section 28.15(2) shall maintain records demonstrating compliance with all of its requirements, including but not limited to copies of collection contracts and invoices. The owner's records must demonstrate that recovered materials were collected and removed from the owner's property in compliance with the requirements herein. The records shall be maintained for a period of five (5) years after such collection occurred. Copies of the owner's records shall be provided to the City for inspection within thirty (30) days after they are requested in writing by the Division Manager.

(g)

Inspections. The City may inspect any multi-family residential premises to determine whether the premises is in compliance with the requirements of this Section 28.15(2).

(3)

Recycling Program for Commercial Establishments.

(a)

Commercial Recycling Program. The City hereby establishes a recycling program for commercial establishments in the City. In accordance with the schedule for implementation set forth in Section 28.15(3)(d), below, the owners of all commercial establishments in the City shall implement and at all times thereafter maintain a program that complies with the requirements in this Section 28.15(3). If a leaseholder or occupant of the commercial establishment is responsible for providing or arranging for the provision of solid waste collection services to the commercial establishment, that person also shall be responsible for complying with all of the requirements imposed on the owner pursuant to this Section 28.15(3). The recycling program must provide a reasonable opportunity for recycling by the owner and each occupant of the commercial establishment, subject to the requirements and conditions herein. Buildings, commercial centers, office parks, and other properties with multiple tenants or other occupants may implement a single on-site recycling program that is shared by the owner and all of the participating occupants.

(b)

Recyclable Materials; Collection. The recycling program shall provide an on-site system for the separation and collection of the following recyclable materials:

(i)

Mixed paper and newspaper;

(ii)

Corrugated cardboard and paperboard;

(iii)

Glass containers;

(iv)

Plastic containers #1 through #7; and

(v)

Metal and aluminum cans.

Each owner of a commercial establishment in the City shall provide or arrange for the provision of one or more containers for the collection of recovered materials on their property. The recovered materials containers shall be sized and in sufficient numbers to satisfy the reasonable needs of the owner and all occupants on the property. Recovered materials containers shall be placed only in locations on the property that comply with the requirements of the City Code governing the placement of such containers. The Solid Waste Division Manager may suspend the requirement for on-site separation and collection of one or more of the recyclable materials listed above in the event that market conditions or other good cause exists for such suspension.

(c)

Recycling Verification Form.. On or before the applicable implementation date set forth in Section 28.15(3)(d), below, the owner of each commercial establishment shall submit a recycling program verification form to the Division Manager. The form is available from the City and may be found on the City's webpage. When completing this form, the owner shall provide sufficient information to demonstrate that the recycling program for the owner's commercial establishment complies with the requirements in this Section 28.15(3). At a minimum, the owner shall provide the following information:

(i)

The address of the commercial establishment;

(ii)

The contact information for the person responsible for the management of the commercial establishment;

(iii)

The name and telephone number of the company providing collection service for recovered materials at the commercial establishment;

(iv)

The size, type, and number of containers being used to collect recovered materials on the commercial establishment;

(v)

The location(s) of the recovered materials container(s) on the property; and

(vi)

Such other information as the Division Manager may request.

An updated verification form shall be submitted by the owner within thirty (30) days if there are changes to the recycling program. An updated verification form also shall be submitted within thirty (30) days if the owner receives a request from the Division Manage for updated information.

(d)

Recycling Implementation Schedule. Commercial establishments shall create and implement their recycling program in compliance with the following schedule:

(i)

Within thirty (30) days after the issuance of a certificate of occupancy or certificate of completion for property that is newly developed or substantially improved, if the first application for a building permit for the new development or substantial improvement was filed with the City on or after October 1, 2019.

(ii)

On or before April 1, 2020, for each commercial establishment where there is a building with 200,000 or more square feet of floor space, unless the recycling program must be implemented earlier pursuant to subsection (i) above.

(iii)

On or before April 1, 2021, for each commercial establishment where there is a building with 100,000 or more square feet of floor space, but less than 200,000 square feet, unless the recycling program must be implemented earlier pursuant to subsection (i) above.

(iv)

On or before April 1, 2023, for all remaining commercial establishments.

(e)

Exemptions. Exemptions from the requirements of this Section 28.15(3) may be granted, in whole or in part, by the Division Manager upon such terms as the Division Manager deems appropriate. Applications for an exemption shall be submitted in writing to the Division Manager on forms provided by the Division. Applications shall contain the information requested by the Division Manager. Applications may be granted if:

(i)

A requirement in this Section 28.15(3) is incompatible with a requirement in another City ordinance or applicable law, and no waiver of the other requirement has been granted;

(ii)

There is not sufficient space available on the property for the storage of the recovered materials container(s);

(iii)

The requirements in Section 28.15(3) will cause the applicant to suffer financial or other hardships that are not shared generally by the commercial establishments complying with such requirements;

(iv)

The commercial premises only generate a negligible amount of the designated recyclable materials;

(v)

The owner has entered into a contract with a duly licensed person for the post-collection separation of recyclable materials, which will achieve a level of recycling comparable to the results achieved with source separation before collection; or

(vi)

Other good cause for relief is demonstrated, as determined by the Division Manager.

An exemption may be granted for as long as the exemption is needed, as determined by the Division Manager, but an exemption shall not exceed a period of one year. However, the applicant may request and the Division Manager may approve the issuance of a new exemption on the same or a different basis.

(f)

Recordkeeping. The owner of a commercial establishment subject to the requirements in Section 28.15(3) shall maintain records demonstrating compliance with all of its requirements, including but not limited to copies of collection contracts and invoices. The owner's records must demonstrate that recovered materials were collected and removed from the owner's property in compliance with the requirements herein. The records shall be retained for a period of five (5) years after such collection occurred. Copies of the owner's records shall be provided to the City for inspection within thirty (30) days after they are requested in writing by the Division Manager.

(g)

Inspections. The City may inspect commercial establishments to determine whether the establishment is in compliance with the requirements of this Section 28.15(3).

(h)

Limitations on City Requirements. Notwithstanding anything else herein, nothing contained in this Chapter 28 shall require a commercial establishment that generates source-separated recovered materials to sell or otherwise convey its recovered materials to the City or to a facility designated by the City, nor may the City restrict the commercial establishment's right to sell or otherwise convey such recovered materials to a properly certified recovered materials dealer who has satisfied the requirements of Section 403.7046, Florida Statutes. Nothing in this Chapter 28 shall prevent such a dealer from entering into a contract with a commercial establishment to purchase, collect, transport, process, or receive source-separated recovered materials. A commercial establishment that self hauls, or sells or conveys such recovered materials to a dealer, shall maintain adequate records evidencing such disposition, including scale or sale receipts from the dealer or properly licensed recovered materials facility, and shall make such records available to the Division Manager for inspection upon thirty (30) days written notice.

(4)

Ownership of Recyclable Material. When recyclable material or recovered materials are placed in a recovered materials container provided by the City, such material shall become the property of the City.

(5)

Containers for Solid Waste. Any commercial establishment or multi-family residential premises that is required to have a recovered materials container pursuant to this Section 28.15 also shall have a separate container for the collection of solid waste, unless the Division Manager concludes a separate container is not necessary because the establishment or premises does not generate solid waste or the establishment or premises is otherwise exempt from the requirement to have a solid waste container.

(6)

Prohibited Acts.

(a)

It shall be unlawful to place putrescible materials, hazardous waste, or any other solid waste in a recovered materials container furnished by the City or any properly licensed person. Only recovered materials and other source separated recyclable materials shall be placed in a recovered materials container.

(b)

It shall be unlawful for any unauthorized person to remove any recovered materials from a recovered materials container. Any person found guilty of violating this provision shall be punished by a fine of not more than one hundred dollars ($100.00) per violation.

(7)

Exceptions.

(a)

Non-Profit Organizations. This Section 28.15 shall not prohibit a non-profit or charitable organization that is not engaged in the business of collecting recovered materials or solid waste on an ongoing basis from collecting, conveying, and recycling recovered materials on a temporary basis in order to fund their charitable activities or for other charitable purposes. However, a non-profit organization shall not collect from or otherwise use City-owned recovered materials containers to collect recovered materials.

(b)

Multi-Family and Commercial Recovered Materials Franchises and Contracts. The City may provide collection services or enter into contracts or grant non-exclusive franchises to firms, corporations, or other persons for the collection, conveyance, or recycling of recyclable materials that are generated on or originate from multi-family residential premises and commercial establishments within the City, subject to terms and conditions the City deems appropriate.

(Ord. of 8-13-1984, Doc. #18719; Ord. of 12-9-1991, Doc. #25331; Ord. of 6-22-1992, Doc. #25820; Ord. of 11-15-1993, Doc. #27049; Ord. of 7-26-2010, § 1, Doc. #1007261102; Ord. No. 2019-9, § 12, 3-11-2019, Doc. #1903111202)

Sec. 28.16. - Registration of Persons Engaged in Commercial Recycling Within the City.

(1)

Authority. The City may provide collection or enter into contracts or grant non-exclusive franchises, as permitted by Florida Statute, to persons, firms, or corporations for the collection, conveyance, or recycling of recovered materials from commercial establishments within the City limits.

(2)

It shall be unlawful for any person to engage in the business of collection of recovered material generated at commercial establishments within the City of Orlando (service), without that person first making written application for and obtaining the appropriate occupational license and registering as a Commercial Recycler with the Division.

(a)

An applicant seeking to engage in the business of collection of recovered material from commercial establishments shall register with the Division by submitting the following information:

(1)

Name of business.

(2)

Name of owner of business.

(3)

Corporate officers and directors.

(4)

Permanent place of business.

(5)

Evidence of certification from Florida D.E.P. office.

(6)

Certification that all recycled materials collected will be recycled.

(7)

Evidence of vehicle insurance and vehicle registration for all vehicles to be used in recovered material collection.

Registration shall be in the form of an Application Letter containing the information included in Section 28.16(2)(a) herein. The Application Letter must be completed and submitted to the Solid Waste Division Manager for approval at least ten (10) calendar days prior to the proposed commencement of service. A Registration Identification Number will be issued to all approved applicants and is valid for one (1) calendar year from the initial registration date.

(3)

Recovered material shall be source separated as defined in Section 28.04(30) at the site of each commercial establishment and placed only in recovered material containers approved by the Solid Waste Division Manager and clearly labeled with the term "For Recovered Material Only."

(4)

Persons or business entities registered as Commercial Recyclers pursuant to Section 28.16(1) herein shall prepare and submit to the Solid Waste Division Manager a quarterly report on or before the twenty-fifth (25th) day following the end of such Commercial Recycler's fiscal month. Such report shall contain the following:

(a)

The type and approximate amount by weight of recovered materials collected and recycled, and/or reused during the reporting period; and

(b)

The approximate percentage and weight of recovered materials reused, stored, or delivered to a recovered materials processing facility or disposed of in a solid waste disposal facility; and

(c)

The locations where any recovered materials were disposed of as solid waste.

Repeated failure by any Commercial Recycler to submit reports to the Division within the specified time periods as contained in Section 28.16(4) herein shall be a violation of this Chapter and shall allow the City to temporarily or permanently revoke the authority of a Commercial Recycler to engage in the business of collection of recovered materials within the City. In the event of such violation, the Division Manager shall notify the Commercial Recycler in writing of such violation, and the Commercial Recycler shall have thirty (30) days (Period) from the receipt of such notice to correct (Correction) the condition giving rise to such notice. If the Correction is not made to the Division Manager's satisfaction within the Period, the Division Manager shall make recommendation to the Chief Administrative Officer that the Commercial Recycler's privileges granted herein are 1) temporarily revoked; or 2) permanently revoked. Such decision shall be made by the Chief Administrative Officer.

(Ord. of 8-13-1984, Doc. #18719; Ord. of 12-9-1991, Doc. #25331; Ord. of 11-15-1993, Doc. #27049; Ord. of 3-20-1995, Doc. #28339; Ord. of 7-26-2010, § 1, Doc. #1007261102; Ord. No. 2019-9, § 13, 3-11-2019, Doc. #1903111202)

Sec. 28.17. - Solid Waste Division Manager Authorized to Adopt Regulations.

The Division Manager is hereby authorized to adopt and amend reasonable rules and regulations to implement the collection of recyclable materials as detailed in this Chapter. Any person aggrieved by such rules and regulations shall have the right to appeal as provided in Section 28.06(2) herein.

(Ord. of 8-13-1984, Doc. #18719; Ord. of 9-22-1986, Doc. #20622; Ord. of 12-4-1989, Doc. #23474; Ord. of 12-9-1991, Doc. #25331; Ord. No. 2019-9, § 14, 3-11-2019, Doc. #1903111202)

Sec. 28.18. - City Authorized to Amend, Terminate, etc., Recycling Program.

The City may modify, suspend, terminate or otherwise amend the residential and commercial recycling programs established by Article III of this Code as it may deem necessary in order to comply with all applicable laws, conditions, or ordinances.

(Ord. of 8-13-1984, Doc. #18719; Ord. of 9-22-1986, Doc. #20622; Ord. of 5-16-1988, Doc. #22055; Ord. of 12-4-1989, Doc. #23474; Ord. of 12-9-1991, Doc. #25331; Ord. of 11-15-1993, Doc. #27049)

Sec. 27.12. - Same—Money and Other Property Not Defined in Preceding Section. Chapter 29 - GAS CODE