(A) Garbage receptacles required; specifications.
(1) All owners and occupants not using dumpsters shall store all garbage in an approved receptacle issued to the owner and/or occupant by the city. The use of any other receptacle(s) is strictly prohibited.
(a) Receptacles issued to the owner and/or occupant shall remain the property of the city. The owner and/or occupant shall be responsible for keeping the receptacle(s) clean and shall protect it from theft, destruction and damage beyond repair. The owner and/or occupant shall notify the city's Public Works Department prior to vacating the premises and shall place the receptacle in a safe location where it is accessible to the city for pick up.
(b) The owner and/or occupant shall be responsible for charges associated with replacement of any city-owned receptacle damaged due to negligence or abuse.
(c) The total weight of the receptacle and contents shall not exceed 100 pounds.
(2) Multiple dwelling structures of more than two units, governmental agencies, business establishments, food handling establishments, or any combination of these classifications, that use one cubic yard or larger metal mobile containers must first receive written approval of the Environmental Services Division as to proper location, specifications, size, enclosure, and washing and drainage facilities. The container must comply with all federal, state, county, and city safety requirements. Any container that does not comply with these requirements shall not be allowed by the city. Each multiple dwelling structure of more than two units, governmental agency, business establishment or food handling establishment must provide for its own refuse collection and container, unless the landlord provides for the entire property. Because the contract is between the contractor and the customer, the city will not become involved in any contract dispute between the contractor and the customer. The containers must be covered, and areas around dumpsters and city approved garbage receptacles must be kept free of any garbage.
(‘72 Code, § 13-2)
(B) Dumpsters and dumpster enclosure.
(1) Purpose and applicability. The purpose of this division is to promote the public health, safety and welfare through the regulation of Dumpster and dumpster enclosures in order to decrease and eliminate conditions of overflowing garbage and waste within the city. The regulations in this division shall apply citywide.
(2) Placement of dumpsters.
(a) Dumpsters shall be placed for collection purposes in a location accessible to authorized vehicles and shall have an identifiable sign adhered to the dumpster which contains the name of the private hauler and contact number. Said sign shall be clearly visible. Unless in a public right-of-way for purposes of collection only, all dumpsters shall be placed within an approved enclosure as provided for in this section.
(b) It shall be unlawful for any person to place or cause to be placed, a dumpster or receptacle that services private property upon or in any street, swale, alley, sidewalk, public right-of-way or public property; provided however, that such dumpster or container may be placed in the public right-of-way on the scheduled day of collection and only for the period of time necessary for collection. The dumpster shall be returned to its approved enclosure or location on the same day that it is set out for collection within two hours after being serviced
(3) Enclosure and dumpster requirements. The following enclosure and dumpster requirements shall be met by all properties as described below:
(a) All users of dumpsters as defined in division (B)(1) above, shall provide an on-site enclosure for Dumpsters except as otherwise provided herein. A building permit must be obtained prior to the construction and/or installation of an enclosure.
(b) Minimum size. Each enclosure shall provide sufficient clear space between each side of each dumpster (including lifting flanges) and the adjacent surface of that enclosure or other containers within that same enclosure to properly service the container. The height of each enclosure shall be 12 inches greater than the highest part of any dumpster or container therein.
(c) Service access. Placement of dumpsters and enclosures shall be planned and constructed in a manner that allows unobstructed access to each dumpster and the unobstructed opening of the gates during the emptying process. Dumpsters shall not be located in such a manner that the service vehicle will block any street intersection. When adjacent to residentially zoned properties, enclosures shall be placed as far as possible from the abutting residential property line.
(d) Gates. All enclosures shall have service access gates and their construction shall be of sturdy metal frame and hinges with an opaque non-see-through facing material. Service gates shall be attached to a post not connected to the enclosure. Servicing gates shall incorporate gate stops and latches that are functional in the full open and closed positions and shall be of a size that will permit servicing of the Dumpster. Enclosures with gates that swing out from the Dumpster shall be set back from the property line at least a distance equal to the width of the gate. Hinge assemblies shall be strong and durable so access and servicing gates function properly and do not sag. Enclosure gates shall be closed at all times except for the time necessary to service the Dumpsters.
(e) Pads and service drives. All enclosures shall be placed on poured concrete or any existing hardened paving system. A service access drive for the purpose of emptying the dumpster shall also be provided unless a hard surface that provides access to the dumpster already exists. Such pads and approach drives shall replace existing curb, gutter and sidewalk when necessary. In cases where a hard surface or drive which is adequate to support the combined full weight of the dumpster, the enclosure and service vehicles does not exist, a ten-foot wide hard surface extension directly in front of the dumpster shall be required for purposes of emptying the dumpster.
(f) Garbage containers. All dumpsters, receptacles and bulk containers which receive garbage, liquid waste or food from handling operations including, but not limited to, bakeries, meat processing food plants or any business establishment where it is determined that garbage, liquid waste or food will be accumulated, shall have a raised concrete slab, a drain and cleaning water facilities for said receptacles and containers and be constructed in accordance with the provisions of the Florida Building Code in effect in Broward County, Florida, as revised from time to time.
(g) Maintenance.
1. Approved enclosures shall be maintained in good condition and appearance at all times. Gates and latches shall be kept fully operable and shall be closed except during scheduled collection periods. Enclosures and dumpsters shall be cleaned after each collection service to prevent noxious odors and unsanitary conditions from occurring. Enclosure pads and access drives shall be repaired or rebuilt whenever the pavement structure deteriorates.
2. Dumpster lids shall be kept closed at all times except during actual collection
3. Dumpsters and the area around the dumpster and dumpster enclosure shall not be used for disposal of furniture and major appliances except during a scheduled bulk pickup.
4. The dumpster shall be free of overflowing refuse at all times.
5. All dumpsters shall be maintained in working order, including fully operational lids and wheels.
6. If a person is found by either a Special Magistrate or court of competent jurisdiction to have violated § 50.02(B)(3)(i) on two occasions within a 60-day period or for three continuous days then the Director of Public Works or his/her designee may require the person to obtain additional or larger capacity dumpsters and enclosures or increase the frequency of pickup in order to eliminate the overflow problem.
(h) Materials and construction methods. Enclosures shall be constructed of walls or fences of wood or plastic lumber, (finished) masonry units, (finished) concrete or any combination of these elements and shall be constructed in a manner described below in subdivisions (i)1. through 6. The materials used shall be compatible with those of adjacent or surrounding buildings or structures and may be used in any combination of the enclosure materials referenced above. Gates shall be constructed of opaque materials in the manner provided in subdivision (d) above.
1. Wood lumber. Wood fences shall be of durable species, of a quality and design acceptable to the Director of the Department of Planning and Development Services or his/her designee. In making this determination, the Director or his/her designee shall consider the following:
A. Whether the wood is pressure-treated or has a finish that protects the wood from the elements;
B. Adequacy of the supporting in-ground posts;
C. That the lumber be a minimum of nominal one inch by a nominal six inch boards and shall have a maximum spacing between boards of one inch; and
2. Plastic lumber. Lumber shall be plastic members of new or recycled materials able to withstand the climatic and ultraviolet conditions of the region and of a quality and design acceptable to the Director of the Department of Planning and Development Services or his/her designee. In making this determination, the Director or his/her designee shall consider the following:
A. Whether the material is coated or has a finish that protects the plastic from the elements;
B. Adequacy of supporting in-ground posts;
C. That the lumber be a minimum of nominal one inch by nominal six inch boards and shall have a maximum spacing between boards of one inch; and
3. Masonry walls. All exterior faces of walls shall have a finish such as stucco, pre-finished block, stacked block with struck joints, shadow blocks, painted or similar, installed according to industry standards and meeting with the approval of the Director of the Department of Planning and Development Services or his/her designee
4. Concrete walls. Pre-cast or poured concrete walls shall have decorative textured finish of a quality acceptable to the Director of the Department of Planning and Development Services or his/her designee.
5. Location and screening requirements. One or more of the following provisions may apply to enclosures:
A. Existing required landscape areas. The enclosure and access drive to a dumpster may encroach into the existing required landscape areas with the approval of the Director of the Department of Planning and Development Services or his/her designee, if it is shown that it is necessary to provide adequate space for the enclosure and access drive. Such enclosures shall be landscaped so as to form a visual barrier between the enclosure and the street.
B. Within parking areas. Enclosures may be located within or immediately adjacent to parking areas, regardless of building setback lines and shall be landscaped. Such landscaping may be reduced as the enclosure is located toward the rear or low visibility areas of the property away from the public streets, as long as a continuous visual barrier between the enclosure and the street is maintained. Applicants shall be permitted to reduce the width of existing parking spaces to no less than eight feet, six inches in width, and reduce the total number of spaces required, if shown to be necessary to provide space for the enclosure, which determination shall be made by the Director of the Department of Planning and Development Services and the City Engineer or their designees. For multi-family residential the overall parking ratio, however, shall not be reduced to less than one space for each dwelling unit.
C. Within yards. Enclosures may be located within building setback areas subject to the setback requirements in subdivision D. below and the enclosure shall be fully landscaped. The landscaping may be reduced if the enclosure is located toward the rear of the property or in an area which is not highly visible from public streets as long as a continuous visual barrier between the enclosure and the street is maintained. If the enclosure is located within a highly visible area within the building setback area, additional landscaping, architectural treatments or both in addition to a visual barrier, may be required on the site as determined by the Director of the Department of Planning and Development Services or his/her designee. The additional landscaping, architectural treatments or both shall be required to the extent it is found necessary to mitigate the impact of the location of the dumpster and enclosure on the site.
D. In compliance with setbacks. When determined by the Director of the Department of Planning and Development Services, enclosures located in compliance with setbacks may be required to be fully landscaped when the enclosure is freestanding on a property in a high visibility location. Such landscaping may be reduced as the enclosure is located toward the rear or low visibility areas of the property away from the public streets, as long as a continuous visual barrier between the enclosure and the street is maintained.
6. Camouflage/alternate screening exception. In locations where sufficient space does not exist to allow construction of a dumpster enclosure and the provisions of this section have been met where possible, the Director of the Department of Planning and Development Services or his/her designee may determine that no other trash option as described in this section is reasonably available and approve the application for a decorative veneer (camouflage) or other alternate screening method which may include conditions in lieu of enclosure construction. Such application and approval shall be conditioned so that there are no company identification/ advertising logos on the veneer surface, the veneer is painted or stained a color compatible with the character and appearance of surrounding properties and the main building site, the area surrounding the dumpster is landscaped and the dumpster is placed upon a concrete pad the purpose of which is to ensure that the dumpster is positioned such that it is not an aesthetic detriment to the community.
A. The property owner may submit an application to Department of Planning and Development Services along with the following requirements:
i. A site plan or survey detailing the building, the number and location of living units, type of business or commerical use lot size, landscaping on site (sod, trees, bushes, etc.), the number and location of parking spaces, the location service frequency and capacity of the existing and proposed bulk refuse containers and the type, nature and application methodology of the veneer surfacing for each container or a plan showing the proposed alternate screening or enclosure materials, including a description of how the alternate screening meets the purpose and intent of this section; and
ii. A typewritten narrative of alternate waste disposal and other trash management options considered or available and the reasons why those options are not suitable or desirable for the location in question.
B. Upon receipt of the application and all requisite documentation, the Director of the Department of Planning and Development Services shall review the request and approve, approve with conditions or deny the request.
C. If the property owner does not agree with decision of the Director of the Department of Planning and Development Services, he/she may appeal the decision to the City Commission within ten days of the date of the decision.
7. Exemptions.
A. Wheeled bulk containers for the disposal of solid waste or the collection of recovered materials which are two cubic yards or less in size are exempt from the enclosure requirements of this section, provided that when not curbside for collection, they are positioned upon a hard surfaced pad located behind the building line(s) of the user location, and they are not visible from the public right-of-way, and a hard surface roll-way from the pad to the servicing area is provided to facilitate servicing. Wheeled bulk containers shall only be placed curbside for collection and shall remain curbside for a reasonable amount of time in order to facilitate collection. In no case shall wheeled bulk containers remain overnight at curbside or streetside.
B. If two or more wheeled bulk containers are used under this subdivision, they shall comply with the requirements for dumpsters and dumpster enclosures and shall be placed for storage on a pad.
C. Exclusion. For the purposes of this section, a wheeled refuse cart of less than one cubic yard in size shall not be considered a wheeled bulk container.
D. On sites where the container cannot be seen off-site, at a height of five feet above existing grade at any property line of the site no enclosure shall be required.
(C) Persons with disabilities. All persons who are physically handicapped or disabled to the extent that they are unable to place their garbage receptacles in the proper place for pick up may apply for a waiver of the Back Door Collection fee. Upon submission of the necessary documentation, including a doctor’s letter and affidavit of applicant’s need and upon proof that such persons are the sole occupants of a dwelling wherein other persons 12 years of age and above do not dwell, the City Manager or his or her designee may approve a waiver from the Back Door Collection fee for Environmental Services. Such waivers shall be reviewed on an annual basis to determine continuing eligibility.
(D) Placement and storage of receptacles.
(1) No person shall place any accumulation of solid waste or refuse, recovered materials, or garbage receptacle(s) in any street or gutter, or other public place of travel, nor upon any private or public property, except adiacent to and directly in front of said person's own property. In all cases where conditions permit, said placement shall be in the area behind the curb, but no more than two feet from the curb on the back slope or roadside. (‘72 Code, § 13-4)
(2) A property owner shall store garbage and recycling receptacles at the side or rear of the property unless a separate recessed storage area is provided on the owner's property if abutting an alley way. Garbage and recycling receptacles are not permitted to be stored in an alleyway unless the property owner has an approved recessed bay for storage.
(3) An owner/tenant of any multiple dwelling structure, business establishment, or food handling establishment, or any combination of these classifications, shall not store any receptacle upon any right-of- way, alley, street, sidewalk, swale, or public property.
(4) Garbage and recycling receptacles shall be set out for collection no sooner than 5:00 p.m. on the day prior to the customer's regularly scheduled collection and no later than 7:00 a.m. on the customer's regularly scheduled day of service. The garbage and recycling receptacles must be returned to storage by 7:00 p.m. on the day of collection. The garbage and recycling receptacles must be placed within five feet of the curb/service point in order to accommodate pickup.
(F) Cleaning receptacles. Each garbage receptacle, as required by division (A) above, shall be kept clean and odor free by the owner after it has been emptied by the garbage collector. (‘72 Code, § 13-5)
(G) Acceptable material for garbage collection. All garbage and bags of leaves or grass clippings will be collected. Brush material and unacceptable waste will not be collected by the garbage collection crews.
(H) Penalty. If the existing condition constitutes a threat to the public health, safety and welfare, a Code Enforcement Officer may order the immediate correction of the hazard at the expense of the property owner, occupant, or person responsible for the hazard, and the City shall have the right to recover all expenses incurred.
(Ord. 21, passed - - ; Am. Ord. O-69-68, passed - - ; Am. Ord. O-70-94, passed 9-16-70; Am. Ord. O-78-59, passed 9-20-78; Am. Ord. O-92-59, passed 11-4-92; Am. Ord. O-94-19, passed 6-1-94; Am. Ord. O-95-08, passed 2-15-95; Am. Ord. O-97-01, passed 2-5-97; Am. Ord. O-2002-15, passed 3-20-02; Am. Ord. O-2005-02, passed 3-2-05; Am. Ord. O-2006-14, passed 5-3- 06; Am. Ord. O-2008-02, passed 1- 16-08; Am. Ord. O-2010-35, passed 10-6-10; Am. Ord. O-2012-18, passed 9-5-12; Am. Ord. O-2017-04, passed 4-19-17; Am. Ord. O-2020-10, passed 9-2-20) Penalty, see § 10.99