TITLE X:  UTILITIES AND SERVICES
Chapter
   10-1.   SOLID WASTE AND RECYCLABLE MATERIALS
   10-2.   GENERAL UTILITY SERVICES; DEPOSITS
   10-3.   ELECTRICITY
   10-4.   WATER
   10-5.   SEWERS
   10-6.   WATER AND SEWER SYSTEM EXTENSION PROCEDURES
   10-7.   STORMWATER UTILITY SYSTEM
   10-8.   STORMWATER SYSTEM
CHAPTER 10-1:  SOLID WASTE AND RECYCLABLE MATERIALS
Section
General Provisions
   10-1-1   Definitions
Garbage and Refuse Collection
   10-1-2   City to provide exclusive service
   10-1-3   Collection service charges
   10-1-4   Utility collection service; nonpayment
   10-1-5   Solid waste service
   10-1-6   Duty of property owner/occupant; collection practices
   10-1-7   Unlawful disposal
   10-1-8   Limits on garbage
   10-1-9   Exceptions
   10-1-10   Commercial franchise
   10-1-11   Right to collection service; nonpayment
   10-1-12   Reserved
   10-1-13   Use of private collectors prohibited
Recyclable Materials
   10-1-20   Finding; commercial recycling haulers
   10-1-21   Permits
   10-1-22   Permit application
   10-1-23   Duty of commercial hauler
   10-1-24   Collection
   10-1-25   Reserved
   10-1-26   Vehicles
   10-1-27   Containers
   10-1-28   Littering
   10-1-29   Reports
   10-1-30   Insurance
   10-1-31   Inspection
   10-1-32   Revocation of permit
 
   10-1-96   Vesting
   10-1-97   Double permit fee
   10-1-98   Enforcement powers
   10-1-99   Penalty
Cross-reference:
   Abandoned property; junk, see §§ 9-3-15
   Residential minimum maintenance, see § 13-1-14
§ 10-1-1  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearlyindicates or requires a different meaning.  In those cases wherein a word or words are not defined, its definition shall be as found in Black's Law Dictionary, latest edition, or in American Heritage College Dictionary, third edition.  The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
   BACK DOOR SERVICE. A service provided by the Sanitation Division to residents physically unable to move city containers from their home to the curb for collection.
   BIOLOGICAL WASTE.  Solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals.
   BIOMEDICAL WASTE or BIOHAZARDOUS WASTE.  Any solid waste or liquid waste that may present a threat of infection to humans. The term includes, but is not limited to, non-liquid human tissue and body parts; laboratory and veterinary waste containing human-disease-causing agents; discarded disposable sharps; human blood, human blood products and body fluids; and other materials that, in the opinion of the Department of Health and Rehabilitative Services, represent a significant risk of infection to persons outside the generating facility. The term does not include human remains that are disposed of by persons licensed under F.S. Ch. 470.
   BULKY WASTE.  Those items whose large size or weight precludes or complicates their handling by the city’s automated collection, processing and disposal methods.
   CITY.  The City of Kissimmee, a municipal corporation  of the State of Florida.
   COMMERCIAL DUMPSTER.  Any front loading or roll-off container approved by the city, which is used to store large volumes of solid waste from commercial establishments, and is emptied by mechanical means.
   COMMERCIAL ESTABLISHMENT.  Any public or private place, building, and/or enterprise devoted, in whole or in part to a business enterprise, whether nonprofit or profit-making in nature.  Multi-family establishments, such as condominiums, town homes, patio houses, apartments and other such facilities used for residential purposes containing five or more residential living units (under one roof), are COMMERCIAL ESTABLISHMENTS.
   COMMERCIAL WASTE.  Solid waste originating in a commercial establishment.
   CONSTRUCTION AND DEMOLITION DEBRIS.  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 destruction of a structure as part of a construction or demolition project, or from the renovation of a structure, and including 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. CONSTRUCTION AND DEMOLITION DEBRIS is solid waste.
   CONTAINER.  A city-issued automated container.
   DE MINIMUS SOLID WASTE. Non-recoverable materials in excess of 10% by weight or volume, whichever is most restrictive when compared to recoverable materials.
   DIRECTOR.  The Director of Public Works of the city, or his designee and other persons authorized to enforce the provisions of this article.
   DIVISION.  The Department of Public Works, Division of Sanitation, or its designated agents, licensees, franchisees or contract representatives.
   GARBAGE.  All kitchen and table food waste, animal or vegetative waste that is attendant with or results from the storage, preparation, cooking or handling of food materials.
   HAULER.  Any person collecting or transporting solid waste, construction and demolition debris, or recyclable materials within the incorporated areas of the city.
   HAZARDOUS WASTE.  Solid waste, or a combination of solid wastes, that, 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.  The term does not include human remains that are disposed of by persons licensed under F.S. Ch. 470.
   INITIATION FEE.  The charge to a customer when establishing solid waste collection services with the city.
   MIXED WASTE.  Waste composed of garbage, yard waste, recycling, hazardous waste and/or any other solid waste combined or mixed together in the same container, when the lesser component comprises 10% or more of the contents by weight or volume.
   MULTI-FAMILY ESTABLISHMENTS. Condominiums, town homes, patio houses, apartments and other such facilities used for residential purposes containing five or more residential living units (under one roof).
   NON-RESIDENTIAL CITY SERVICE.  Solid waste collection services provided in city containers to small commercial establishments generating office waste and to short- term rentals.
   PRIMARY CUSTOMER. A non- residential customer responsible for the payment of garbage service for shared commercial dumpsters and/or containers.
   RECOVERED MATERIALS.  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 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 does not include materials destined for any use that constitutes disposal.  RECOVERED  MATERIALS as described above are not solid waste. RECOVERED MATERIALS doe not include other important recyclable materials such as lumber, concrete, brick, wallboard, waste tires, used oil filters, and other materials that re not one of the six types of recovered materials that are specifically identified according to F.S. § 403.703.
   RECYCLABLE MATERIALS. Those materials  capable of being recycled that would otherwise be processed or disposed of as solid waste.
   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 products.
   REFUSE.  All garbage and non-putrescible wastes that are not hazardous.
   RESIDENTIAL ESTABLISHMENTS.  Single-family residential units with separate kitchen facilities.
   RESIDENTIAL SERVICE.  Solid waste, recycling, yard trash and bulky waste collection services provided in city containers to single-family residential units.
   RESIDENTIAL WASTE.  Refuse from residential establishments.
   ROLL BACK SERVICE. Any container left at the curb the day afer scheduled pickup day will be rolled back off the city right-of-way and placed on the property in which the container belongs. A charge will be applied for this service.
   SHARED CONTAINER CHARGE. A fee charged to customers utilizing a shared service.
   SHARED SERVICE. The service option for residential, non-residential or commercial customers to jointly use a commercial dumpster or roll-off with the property owner or primary customer paying for the service.
   SINGLE MULTI-FAMILY RESIDENTIAL UNITS.  Any single-family, detached, residence with separate kitchen facilities, and multi-family establishments such as condominiums, town homes, patio houses, apartments, and other such facilities used for residential purposes containing four or less residential living units under one roof.
   SINGLE STREAM RECYCLING(also known as COMMINGLED RECYCLING). A process by which all approved recyclable items are placed into one container for collection and later separated at a materials recovery facility.
   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, construction and demolition debris, 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 herein are not SOLID WASTE.
   SOURCE-SEPARATED. Recovered materials separated from solid waste at the location 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 minimus 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 collection container located where the materials are generated and when such materials contain more than 10% solid waste by volume or weight. For purposes of this definition, the term “various types of recovered materials” means metals, paper, glass, plastic, textiles, and rubber.
   SPECIAL WASTES.  Solid wastes that can require special handling and management, including but not limited to, white goods, waste tires, used oil, lead-acid batteries, ash residue, yard trash, and biological wastes.
   WHITE GOODS. Air conditioners, heaters, refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances.
   YARD TRASH or YARD WASTE.  Compostable materials, including grass clippings, tree trimmings and other vegetative matter normally associated with yard maintenance.
('76 Code, § 12-1)  (Ord. 1134, passed 12-7-82; Am. Ord. 1840, passed 8-11-92; Am. Ord. 2053, passed 2-28-95; Am. Ord. 2437, passed 8-13-02; Am. Ord. 2607, passed 9-5-06; Am. Ord. 2930, passed 5-3-16)
GARBAGE AND REFUSE COLLECTION
§ 10-1-2  CITY TO PROVIDE EXCLUSIVE SERVICE.
   (A)   The city shall provide solid waste and recycling collection services reasonably adequate and sufficient to take care of the reasonable disposal needs of all properties within the city limits, either by establishing and operating its own solid waste and recycling collection and disposal facilities or by contracting or sub- contracting with a private contractor or by a commercial recyclable company licensed by the city.
   (B)   All residents, occupants or owners of premises in the city are required to have all accumulations of solid waste and recycling removed and disposed of by such collection services.
   (C)   The city shall remove any and all solid waste and recycling accumulated curbside in the city and charge accordingly for the services provided within the city limits to ensure the protection of our community’s and resident’s health, safety and environment as well as the beautification of the city of Kissimmee.
   (D)   Business, commercial, industrial, institution, single-family residents and multiple- family residents shall not have the option to engage a private collector unless otherwise provided by franchise or contract of the city.
(Ord. 2607, passed 9-5-06; Am. Ord. 2930, passed 5-3-16)
§ 10-1-3  COLLECTION SERVICE CHARGES.
   (A)   The City Commission shall set the fee, rates and charges applicable to this chapter by resolution.
   (B)   All collection service charges shall be billed through the Kissimmee Utility Authority’s billing system. All charges unable to be billed through the Kissimmee Utility Authority’s billing system due to a closed account will be externally billed by mail to the customer and shall be paid separately to the city. It shall be the responsibility of the property owner for the payment of all sanitation charges due including but not limited to, any charges incurred on their property due to illegal dumping, bulk pickups from evictions, Code Enforcement junk and trash bulk pickup orders, past due charges owed from tenants/occupants. A property owner may remove any junk, trash, illegal dumping, etc. from their property by their own means as long as the method complies with this chapter.
   (C)   There shall be a charge for the initiation of sanitation’s service for all accounts with the Kissimmee Utility Authority.
('76 Code, § 12-16)  (Am. Ord. 995, passed 7-17-79; Am. Ord. 1705, passed 9-11-90; Am. Ord. 1812, passed 10-22-91; Am. Ord. 1840, passed 8-11-92; Am. Ord. 2053, passed 2-28-95; Am. Ord. 2247, passed 9-15-98; Am. Ord. 2255, passed 10-20-98; Am. Ord. 2607, passed 9-5-06; Am. Ord. 2657, passed 8-7-07; Am. Ord. 2930, passed 5-3-16)
§ 10-1-4  UTILITY COLLECTION SERVICE; NONPAYMENT.
   (A)   Sanitation service and initiation fees shall be assessed in accordance with § 10-1-3 by the city for each occupied residential or non-residential unit. The existence of an active account KUA account shall be evidence of occupancy.
   (B)   Each commercial, industrial, multi- family or institutional unit shall have garbage services, either by the city or a city-approved franchise or contractor to the city as a specific condition of their occupational license. Payment of the fee established in § 10-1-3 the city’s franchise agreement shall entitle the premises to garbage and trash collection and disposal service for the payment period. Failure to pay the required fees within 30 days shall subject the commercial, industrial, multi-family or institutional unit to revocation of their occupational license and at the option of the city may constitute a lien against the property for any unpaid fees and costs incurred by the city in the collection of the fees, and shall bear the maximum interest rate as permitted by law. In the event the lien is not paid, the city may enforce and collect the lien as the collection and enforcement of any special improvement liens as provided in the Charter or the laws of Florida.
   (C)   The collection of solid waste shall be considered as a “utility” with all the rights and privileges as any other utility operated by the city. Nonpayment of the solid waste collection fees as described in this chapter shall constitute nonpayment of a utility account and subject the delinquent customer to discontinuance of all utility services.
   (D)   Commercial, industrial, multi-family or institutional units wishing to change service from or to franchisee service or city service shall give a minimum of 30-day notice of the desired change.
   (E)   Residential, commercial, industrial or institutional customers shall be entitled to collection of all refuse placed in the appropriate city container or commercial dumpster. The Sanitation Superintendent or his designee shall determine the appropriate number of containers of type of service needed at each residential, commercial, industrial or institutional structure.
   (F)   If it becomes necessary for health and welfare purposes for the city to remove same, there will be a charge for such services and the charge shall be assessed to the owner of the property. If the owner fails to pay this bill within 30 days of mailing such bill, the assessment shall constitute a lien as any special assessment on the property and shall bear the maximum interest rate as permitted by law. In the event such lien is not paid, the city may enforce and collect such lien as the collection and enforcement of any special improvement lien as provided by the Charter or the laws of Florida.
(Ord. 2930, passed 5-3-16)
§ 10-1-5  SOLID WASTE SERVICE.
   (A)   Residential service.
      (1)   Basic residential service shall include the city furnishing one container for household garbage, one container for recycling and one container for yard waste. Containers will be collected one time per week on the scheduled day for pickup.
      (2)   Additional containers for residential service shall be at an extra monthly charge as defined in § 10-1-3.  Additional containers will be collected on the regular scheduled day.
      (3)   Customers placing any waste im a container other than what the container is intended for shall be charged a mixed waste fee.
      (4)   No hazardous waste shall be placed in any city container or curbside for collection. Any hazardous waste discovered shall be removed by the owner at his expense.
      (5)   Residential customers shall be entitled to collection of refuse placed in the appropriate city container.
      (6)   The Sanitation Superintendent or his or her designee shall have the authority to determine the appropriate number of containers needed at each residence.
      (7)   Back door service may be had upon written request to the Sanitation Division. A doctor’s certificate must be filed with the office of the Sanitation Division stating that all occupants of the residence are unable to deliver the containers to the curbside for collection. The doctor’s certificate must be provided annually in the first week of January. The Sanitation Division will pick up the containers for collection from an accessible area by the home and return the container to the home once emptied. There will be no charge for this service.
   (B)   Non-residential service.
      (1)   Basic non-residential service shall include the city furnishing one container for garbage and one container for recycling. Containers will be collected one time per week on the scheduled day for pickup.
      (2)   A non-residential customer in an office setting may opt for an economy non- residential service which shall include the city furnishing one container for garbage or one container for recycling. The container will be collected one time per week on the scheduled day for pickup.
      (3)   Additional containers for non-residential service shall be an extra monthly charge as defined in § 10-1-3. Additional containers will be collected on the regular scheduled day.
      (4)   Shared service shall be permitted for more than one business or unit, if the owner or primary customer pays for the garbage service. In order to qualify for this option, the owner or primary customer paying for the garbage service shall provide the city and the franchisee with documentation demonstrating the owner’s or primary customer’s financial responsibility for paying for the garbage service for all lessors or businesses within the structure and provide the city with an active account with the Kissimmee Utility Authority in which to charge for this service.
      (5)   The Sanitation Superintendent or his or her designee shall have the authority to determine the appropriate number of containers needed at each non-residential unit.
   (C)   Lost or damaged containers. All occupants shall keep all city-issued containers clean and safe from damage from improper use, storage, or placement. Any container replaced by the city because of such improper care, a damaged replacement fee shall be charged as listed in § 10-1-3 .
(Ord. 1840, passed 8-11-92; Am. Ord. 2053, passed 2-28-95; Am. Ord. 2607, passed 9-5-06; Am. Ord. 2930, passed 5-3-16)
§ 10-1-6 DUTY OF PROPERTY OWNER/OCCUPANT; COLLECTION PRACTICES.
   To ensure collection, it shall be the responsibility of the property owner/occupant of the unit to place all waste materials and city containers out in the manner set forth in this section. Failure to do so can result in disruption in service until there is compliance with this chapter.
   (A)   General practices.
      (1)   All waste materials and city containers shall be set out by 7:00 a.m. on the day of scheduled collection and no earlier than 6:00 p.m. the day before collection. Containers or waste material not set out by 7:00 a.m. will be collected on the next scheduled collection day.
      (2)   City containers shall be removed from the city right-of-way as soon as possible after collection but not later than 8:00 a.m. of the day following collection day. Containers left on the right-of-way after 8:00 a.m. will be rolled back onto the property and a roll-back charge will be applied per container.
      (3)   All waste materials and city containers shall be placed adjacent to, but not in, the street or alley, or within five feet thereof, but not on the sidewalk in such a way as to block pedestrian traffic.
      (4)   In order to utilize mechanized systems, city containers and waste materials shall not be placed within four feet of another container, mailbox or other obstacle; nor shall the same be placed behind or blocked by a parked vehicle.
      (5)   All materials must fit inside the container. No material shall exceed the rim of the container so that the lid can be fully closed. Do not place anything on top of the closed lid.
      (6)   Household hazardous waste shall not be placed in any city container or placed curbside for collection as it shall be unlawful and the introduction of such materials shall constitute a violation of the City Code.
      (7)   Owner/occupants shall remove debris from the area in and around the container and shall keep the container closed except during loading and unloading.
   (B)   Garbage.
      (1)   Only household garbage shall be placed in the container marked for garbage. The mixing of waste in the container will be charged a mixed waste fee.
      (2)   All garbage shall be drained of liquid and bagged in paper or plastic before being placed in the container for collection.
      (3)   Additional bags of garbage shall be placed out  on the day of scheduled collection at least two feet behind the container so that the container can be picked up without obstruction and not on top of the container. Extra bags will be collected for an additional fee.
   (C)   Single stream recycling.
      (1)   Only approved recycling materials shall be placed in the container marked for recycling. The mixing of waste in the container will be charged a mixed waste fee. Accepted recycling materials are listed on the lid.
      (2)   All recycling shall be placed in the container loosely. Do not put recyclable in plastic bags.
      (3)   Additional recycling material can be put in a paper bag or cardboard box and set out at least two feet behind the container so that the container can be picked up without obstruction and not on top of the container. Additional bags and bundles will be charged an additional fee per bag and/or bundle. Bags should not exceed 60 pounds and bundles should not exceed 60 pounds and four feet in length.
      (4)   Any yard waste not meeting the size and weight limits shall be considered as bulky waste and subject to charges associated to bulky waste.
      (5)   Each residential customer doing their own landscaping or tree trimming with a city-issued yard waste container will be entitled to the removal of additional yard waste in excess of that which will fit in the container two times a year at not extra charge. There is a maximum of two cubic yards per fee pickup. In order for a customer to take advantage of the free pickups, the customer shall make the request by contacting the Sanitation Division and scheduling the pickup. The yard waste may not exceed a diameter of four inches and a length of four feet. Any yard waste over two cubic yards or that fails to meet the qualifications for a free pickup will be charged as bulky waste.
         Tree trimmings or landscape work done by a contractor will not be considered or collected for free pickups.
      (6)   Tree trimming and landscaping caused by contractors engaged in the landscaping or tree cutting business shall be responsible for disposing of the debris from their operations. No materials from such operations shall be placed in any residential yard waste containers or set out for curbside pickup by the Division.
      (7)   Persons engaged in clearing land in preparation for construction or clearing and/or cleaning a vacant lot shall be responsible for disposing of the debris from such land clearing and/or cleaning. No materials from such operations shall be placed in any residential or commercial refuse container or set out for curbside pickup by the Division.
   (E)   Bulky waste.
      (1)   Bulky waste, such as furniture and large tree trimmings, shall be placed curbside with a minimum of four feet separating pile from city containers, mailboxes and other obstacles.
      (2)   Bulky waste shall not be placed under or near trees, power poles, signs or other obstacles that may restrict the operations of the truck to pick up the bulky waste.
      (3)   Bulky waste shall not be placed next to or blocked by vehicles.
      (4)   Bulky waste shall be separated, such as yard waste from household debris or appliances, to ensure the proper disposal of solid waste.
      (5)   Appliances such as freezers, refrigerators, clothes washers and dryers, dishwashers or similar air tight units  shall have doors removed and all stand-up items shall be laid flat for safety.
      (6)   Scrap metal such as poles, pipes and antennas shall be cut or bent into pieces not longer than six feet.
      (7)   Small quantities of construction-type debris which was generated by a homeowner’s do-it-yourself project may be picked up as special bulky item collection, when, in the opinion of the Sanitation Superintendent, the debris was not contractor-generated. Waste materials caused by construction or repairs of buildings will not be removed by the city and it shall be the responsibility of the contractor or owner to remove same.
('76 Code, § 12-17)  (Am. Ord. 1134, passed 12-7-82; Am. Ord. 1840, passed 8-11-92; Am. Ord. 2053, passed 2-28-95; Am. Ord. 2255, passed 10-20-98; Am. Ord. 2607, passed 9-5-06; Am. Ord. 2930, passed 5-3-16)
Penalty, see § 1-1-99
§ 10-1-7  UNLAWFUL DISPOSAL.
   (A)   No person shall deposit or bury in, or cause to be deposited on or buried in any land, park, street, alley, vacant or unoccupied lot, or on the water of Lake Tohopekaliga, or any ditch, any garbage or trash; nor burn within the city any such trash, without special permission from the City Manager, or place or keep such garbage or trash anywhere within the city in any vessel or receptacle other than as provided.
   (B)   It shall be unlawful for any person inside or outside the city limits, not paying a monthly service charge to place or put any garbage or trash in any city container or commercial dumpster where some other person pays a monthly service charge for the use of the city container or commercial dumpster except as provided for in § 10-1-5(B)(4).
(76 Code, § 12-23) ( Ord. 1134, passed 12-7-82; Am. Ord. 1840, passed 8-11-92; Am. Ord. 2607, passed 9-5-06; Am. Ord. 2930, passed 5-3-16)  Penalty, see § 10-1-99
§ 10-1-8  LIMITS ON GARBAGE.
   (A)   Residential garbage collection shall be placed in the roll-out container designated for household  garbage.  Any additional household garbage shall be bagged in tied plastic bags and placed at curbside to be collected as garbage, at an extra charge as defined in § 10-1-3.
   (B)   Only household garbage shall be placed in the roll-out container marked for household garbage. No yard waste, hazardous materials, biomedical waste, construction debris or roofing materials may be placed in the container. If restricted or hazardous materials are placed in the household garbage or yard trash container, those materials may be separated by the route driver and billed as defined in § 10-1-3, or, at the discretion of the city, they may not be collected and subject to violation notice as described in division (C) below.
   (C)   It shall be unlawful to dispose of hazardous materials in the roll-out containers.  The introduction of such materials shall constitute a violation of the city code.  Violations may be prosecuted under provisions of county, state and federal law, in addition to being enforceable through the Code Enforcement Board and subject to a penalty as defined in the city code.
   (D)   Customers wishing to have the city collect and dispose of hazardous materials shall notify the city of the material to be collected and make arrangements for a special collection.
   (E)    Commercial, industrial and institutional customers shall not mix or commingle in a recyclable container, recyclable materials with solid waste, hazardous or biomedical waste, or construction debris.
(Ord. 1840, passed 8-11-92; Am. Ord. 2053, passed 2-28-95; Am. Ord. 2437, passed 8-13-02; Am. Ord. 2607, passed 9-5-06)  Penalty, see § 1-1-99
§ 10-1-9  EXCEPTIONS.
   (A)   In cases where all occupants of the house are handicapped and cannot set refuse containers at curbside, it can be picked up at the back door if a doctor's certificate is filed with the Office of the Sanitation Department, stating that the occupants are unable to deliver garbage to curbside.  The doctor’s certification must be provided to the Department annually on January 1.
   (B)   Back-door service may be had upon written request to the Sanitation Department, and the charge will be as set forth above.
   (C)   All cost for collection as set forth above shall be based upon a single-family dwelling unit or its equivalent.
   (D)   The Sanitation Superintendent shall have the authority to deny all collection services under this article to persons or places not complying with this article.  Any person aggrieved by any decision of the Sanitation Superintendent shall have the right to appeal the decision to the Public Works Director. Nothing in this article shall prevent the city from taking any other lawful action as is necessary to prevent or remedy any such violation.
('76 Code, § 12-18)  (Am. Ord. 1134, passed 12-7-82; Am. Ord. 1840, passed 8-11-92; Am. Ord. 2607, passed 9-5-06)
§ 10-1-10  COMMERCIAL FRANCHISE.
   (A)   The city is authorized to award franchises to private commercial collectors who qualify to do business within the city, the right and privilege to contract for and collect refuse, garbage, trash and other solid waste materials from commercial establishments within the city, subject to the limitation and conditions as are contained within the franchise agreement.
   (B)   The franchise agreement shall provide the terms and conditions under which the franchisee shall operate. The franchise agreement shall contain appropriate standards and requirements designed to protect and ensure the public health, safety and welfare.
   (C)   All commercial establishments as defined herein shall contract for solid waste collection with the city’s authorized commercial franchisee.
   (D)   All refuse accumulated in the city by commercial establishments shall be collected, conveyed and disposed of by the city’s franchisee.
   (E)   No private commercial collector shall engage in collection of solid waste and construction and demolition debris within the city without a franchise to do so.
   (F)   Private commercial collectors engaged in the collection of solid waste and construction and demolition debris within the city without a franchise to do so, may be issued a notice of code violation, their commercial containers impounded and an impound fee issued.
(Ord. 2607, passed 9-5-06; Am. Ord. 2930, passed 5-3-16)  Penalty, see § 10-1-99
§ 10-1-11  RIGHT TO COLLECTION SERVICE; NONPAYMENT.
   (A)   Garbage fees shall be assessed in accordance with § 10-1-3 by the city for each occupied residential unit. The existence of an active KUA account shall be evidence of residential occupancy.
   (B)   Each commercial, industrial, multi-family or institutional unit shall have garbage service, either by the city or a city-approved franchise or contractor to the city, as a specific condition of their occupational license. Payment of the fee established in § 10-1-3 shall entitle the premises to garbage and trash collection and disposal service for the payment period. Failure to pay the required fees within 30 days shall subject the commercial, industrial, multi-family or institutional unit to revocation of their occupational license and, at the option of the city, may constitute a lien against the property for any unpaid fees and costs incurred by the city in the collection of said fees, and shall bear the maximum interest rate as permitted by law.  In the event said lien is not paid, the city may enforce and collect said lien as the collection and enforcement of any special improvement liens as provided in the Charter or of the laws of Florida.
   (C)   The collection of solid waste shall be considered as a “utility” with all the rights and privileges as any other utility operated by the city.  Nonpayment of the solid waste collection fees, as described in this chapter, shall constitute nonpayment of a utility account and subject the delinquent customer to discontinuance of all utility services.
   (D)   Commercial, industrial, multi-family or institutional units wishing to change service from or to franchisee service or city service shall give a minimum of 30 days notice of the desired change.
   (E)   Commercial, industrial or institutional customers shall be entitled to collection of all garbage placed in the appropriate city container or commercial dumpster.  The Sanitation Superintendent or his designee shall determine the appropriate number of containers or type of service needed at each commercial, industrial or institutional structure.
   (F)   If it becomes necessary for health and welfare purposes for the city to remove same, there will be a charge for such services and the charge shall be assessed to the owner of the property as the city's actual cost for such collection, including all overhead and administrative costs, plus a penalty of 50% of those costs.  If the owner fails to pay this bill within 30 days of mailing such bill, the assessment shall constitute a lien as any special assessment on the property and shall bear the maximum interest rate as permitted by law.  In the event such lien is not paid, the city may enforce and collect such lien as the collection and enforcement of any special improvement lien as provided by the Charter or the laws of Florida.
('76 Code, § 12-20)  (Am. Ord. 1134, passed 12-7-82; Am. Ord. 1840, passed 8-11-92; Am. Ord. 2607, passed 9-5-06)
§ 10-1-12  RESERVED.
§ 10-1-13  USE OF PRIVATE COLLECTORS PROHIBITED.
   Business, commercial, industrial, institutional, single-family residents and multiple-family residents shall not have the option to engage a private collector unless otherwise provided by franchise or contract of the city.
('76 Code, § 12-24)  (Am. Ord. Ord. 934, passed 8-1-78; Am. Ord. 1134, passed 12-7-82; Am. Ord. 1840, passed 8-11-92; Am. Ord. 2607, passed 9-5-06)  Penalty, see § 1-1-99
RECYCLABLE MATERIALS
§ 10-1-20  FINDING; COMMERCIAL RECYCLING HAULERS.
   (A)   The State of Florida, pursuant to F.S. Ch. 403, Part IV, requires cities and counties to develop and implement programs to return valuable materials to productive use, to conserve energy and natural resources, and to protect capacity at solid waste management facilities.
   (B)   The establishment of a commercial recovered materials recycling program in Kissimmee is required to meet the goals established by the State of Florida, and to protect the health, safety, and welfare of the citizens of Kissimmee.
   (C)   The production and volume of recovered materials generated by commercial users vary from one property to another.  Commercial users varying needs and benefits cannot be made the subject of special assessments by and through municipal service taxing units and require a determination of charges for collection different from residential users.  Commercial users may deliver recovered materials for recycling or through an agreement with persons approved by the city.
   (D)   A hauler ordinance is required to prevent pollution and ensure that road rights-of-way and properties will not be littered with recovered materials blowing from trucks, ensure sanitary conditions of trucks and containers, and the safe operation of trucks within the city.
   (E)   A hauler ordinance is necessary to collect data to meet requirements of F.S. § 403.7032, requiring cities and counties to submit an annual report concerning recovered materials activities, including the amount and type of materials separated from the solid waste stream for recycling.
   (F)   A hauler ordinance is necessary to prevent illegal dumping, facilitate enforcement, ensure source separation of recovered materials at the site it is generated at and as  authorized in F.S. § 403.7046 to protect the public's general health, safety, and welfare.
(Ord. 1984, passed 5-17-94; Am. Ord. 2084, passed 10-31-95; Am. Ord. 2607, passed 9-5-06; Am. Ord. 2930, passed 5-3-16)
§ 10-1-21  PERMITS.
   (A)   No person may pick up and transport recovered materials within the incorporated areas of the city without a permit.  However, the following persons upon registration with the city may collect or transport recovered materials without a permit:
      (1)   Persons collecting and transporting recovered materials generated by them or their business;
      (2)   Non-profit groups, homeowners’ organizations, and service clubs.
   (B)   Permits shall be valid for a period of one year, from October 1 through September 30, and must be renewed annually.
   (C)   The city may place reasonable conditions on any permit to ensure compliance with the provisions of this chapter.
(Ord. 1984, passed 5-17-94; Am. Ord. 2084, passed 10-31-95; Am. Ord. 2437, passed 8-13-02; Am. Ord. 2607, passed 9-5-06; Am. Ord. 2930, passed 5-3-16)
§ 10-1-22  PERMIT APPLICATION.
   Haulers applying for a permit shall meet the following criteria and submit the following information:
   (A)   A detailed description of equipment used to store and transport recovered materials, including type of equipment, brand name, model number, and date the equipment was purchased.  The city will issue an authorization sticker for each vehicle authorized to collect recyclables in the city.
   (B)   Proof of commercial driver's license (CDL) for all employees driving vehicles.
   (C)   Proof of compliance with the requirements of Florida Statutes concerning commercial driver's licenses (CDL), workers’ compensation, and insurance requirements, including a valid certificate of insurance for each vehicle as required in F.S. § 403.7046.
   (D)   List of all ultimate disposal facilities or processing facilities including address, owner information, and copies of all valid permits for such facilities.  In addition, certification that the recovered materials will be processed at a recovered materials processing facility satisfying all of the requirements of F.S. Ch. 403 will be provided.
   (E)   Proof of insurance as required in § 10-1-23 of this chapter.
   (F)   A payment of the application fee.
   (G)   If the permit is not approved or denied within 60 days of receipt by the city, then the permit is deemed approved subject to the condition outlined with the permit issues.  A denial of a permit may be appealed to the circuit court within 30 days of the date of denial.
(Ord. 1984, passed 5-17-94; Am. Ord. 2084, passed 10-31-95; Am. Ord. 2437, passed 8-13-02; Am. Ord. 2607, passed 9-5-06; Am. Ord. 2930, passed 5-3-16)
§ 10-1-23  DUTY OF COMMERCIAL HAULER.
   To ensure collection, it shall be the responsibility of the permitted commercial hauler to comply with the following regulations. Failure to do so could result in temporary suspension of or the permanent revocation of the hauler city permit.
   (A)   Containers.
      (1)   The size and frequency of service and containers shall be sufficient to ensure storage and disposal of all recovered or recyclable materials generated during the service period.
      (2)   Containers shall be maintained free of rust holes, broken hinges, broken door fasteners or broken wheels and shall have solid bottoms with at least one drain hole with a removable plug for purposes of cleaning.
      (3)   All containers shall be kept painted at all times and shall be repainted a minimum of every three years except for aluminum, stainless steel, or other containers which do not readily accept paint.
      (4)   Container lids shall remain closed and containers shall not be overfilled. In the event containers are overfilled and cannot be safely dumped, the hauler will notify the customer and reschedule service.
      (5)   Haulers shall remove debris from the area in and around the container and shall keep the container closed except during loading and unloading.
      (6)   Haulers shall place the container in a location accessible to collection vehicles.
   (B)   Vehicles. Vehicles used to collect or transport recovered materials shall be clean and the exterior of the vehicle shall be washed weekly, including areas inside the vehicle carrying recovered materials or payload area and sanitized with a disinfectant and deodorant. Waste water resulting from washing collection vehicles shall meet all applicable local, state,
and federal treatment and discharge standards. Each vehicle shall clearly have visible the name and phone number of the hauler and vehicle number not less than three inches in height on each side and display the city-issued authorization sticker at all times.
   (C)   Insurance.
      (1)   The hauler shall obtain and maintain through the term of the permit not less than the insurance coverage set forth below. All insurance policies shall be carried with a company or companies having a Best rating of A or greater with a financial size category of 5 or better and which are authorized to transact business in the State of Florida.
         (a)   Workers’ compensation. The insurance policy shall fulfill all the requirements of the Workers’ Compensation Act of Florida, including all legal requirements for occupational diseases.
         (b)   Comprehensive general liability. The hauler shall maintain comprehensive general liability insurance insuring the city and the hauler with regard to all damages in the minimum amounts of:
            1.   The sum of $2,000,000 for bodily injury or death to any one person, and the sum of $3,500,000 for bodily injury or death from any one accident; and
            2.   The sum of $2,000,000 for property damage resulting from any one accident.
      (2)   The city shall be named as an additional insured for comprehensive general liability, and coverage shall be provided for all owned, leased and hired vehicles used in connection with providing recycling collection services.
   (D)   Reports. Reports shall be submitted to the city on each quarter of the year following the month of service in order for the city to determine the success of the recycling effort. Reports are due the city on January 1, April 1, July 1, and October 1 of each year. In addition, all information shall be supplied in order to comply with the provisions of F.S. Chapter 403, Part IV, and any and all other applicable statutes, rules, regulations, ordinances, and inter-local governmental agreements. All reports shall be submitted in a form, either hard copy, computer disk (compatible with the city’s computer system) or otherwise satisfactory to the city. Reports shall include:
      (1)   The names of any business from whom the hauler collects recovered materials.
      (2)   The amount (by weight) and type of recovered materials collected.
      (3)   The name of the recycling facility where recovered material is delivered.
      (4)   The amount of solid waste not recycled and disposed of in a landfill.
      (5)   The name of the disposal facility where recovered material is delivered.
      (6)   If recycling is accomplished through a third party, the name of the third party and the above information for that party.
   (E)   Inspection. City inspectors shall be authorized to conduct compliance inspections of any vehicle or equipment used to store and transport recovered materials and any recovered materials processing facility at any time during normal hours of operation without prior notice.
(Ord. 2930, passed 5-3-16)
§ 10-1-24  COLLECTION.
   (A)   The hauler shall not collect recovered materials  from commercial collection points prior to 6:00 a.m. or after 7:00 p.m.  Haulers’ vehicles shall not be overloaded or release litter in violation of F.S. § 403.413, “Florida Litter Law.” If recovered materials or other litter is released or falls from a hauler’s vehicle for any reason, the hauler shall immediately stop the vehicle and retrieve the litter. All recovered materials spilled or scattered by the hauler shall be immediately retrieved and collected by the hauler.  Materials spilled or scattered from overloading of containers shall be retrieved and collected by the customer.
   (B)   The hauler shall ensure that prior to the installation of containers for the purpose of recovered materials, where applicable the owner of the business has complied with the Land Development Code requirement that there be screening around the container location. A site plan shall be submitted indicating the location of the solid waste container and the recovered materials container. The site plan shall be sufficiently detailed to ensure that the addition of a recovered materials container shall not:
      (1)   Reduce the number of parking spaces below that required by the zoning ordinance;
      (2)   Reduce the area of open space or beautification below that required by the zoning ordinance; or
      (3)   Block any fire lanes as required by the Fire Code.
      (4)   Reduce the commercial dumpster location for solid waste.
   (C)   The site plan for additional containers shall be submitted for approval to the Developmental Services Department which shall review the plan for conformance to the Land Development Code. The Development Services Director or his designee shall have the authority to waive minor inconsistencies in order to achieve continuity in the case of developments constructed prior to certain zoning requirements.
   (D)   Commercial, industrial, and institutional customers shall not mix or commingle in a recyclable container, recyclable materials with solid waste (except for de minimus solid waste); or hazardous or biomedical waste, or construction and demolition debris.
(Ord. 1984, passed 5-17-94; Am. Ord. 2084, passed 10-31-95; Am. Ord. 2437, passed 8-13-02; Am. Ord. 2607, passed 9-5-06; Am. Ord. 2930, passed 5-3-16)
§ 10-1-25  RESERVED.
§ 10-1-26  VEHICLES.
   Vehicles used to collect or transport recovered materials shall be clean and the exterior of the vehicle shall be washed weekly, including areas inside the vehicle carrying recovered materials or payload area, and sanitized with a disinfectant and deodorant.  Waste water resulting from washing collection vehicles shall meet all applicable local, state, and federal treatment and discharge standards.  Each vehicle shall clearly have visible the name and phone number of the hauler and the vehicle number, not less than three inches in height on each side, and shall display the city-issued authorization sticker at all times.
(Ord. 1984, passed 5-17-94; Am. Ord. 2084, passed 10-31-95; Am. Ord. 2607, passed 9-5-06)
§ 10-1-27  CONTAINERS.
   (A)   The size and frequency of service and containers shall be sufficient to ensure storage and disposal of all recovered materials generated during the service period.
   (B)   Containers shall be maintained free of rust holes, broken hinges, broken door fasteners or broken wheels, and shall have solid bottoms with at least one drain hole with a removable plug for purposes of cleaning.
   (C)   All containers shall be kept painted at all times and shall be repainted a minimum of every three years, except for aluminum, stainless steel, or other containers which do not readily accept paint.
   (D)   Container lids shall remain closed and containers shall not be overfilled.  In the event containers are overfilled and cannot be safely dumped, the hauler will notify the customer and reschedule service.
   (E)   Customers shall remove debris from the area in and around the container, and shall keep the container closed except during loading and unloading.
   (F)   Customers shall place the container in a location accessible to collection vehicles.
   (G)   Except for industrial roll-off containers, all containers shall be screened by a solid block wall and oblique metal gates or doors.
   (H)   Industrial roll-off containers may contain construction debris and de minimus solid waste and shall be disposed at a licensed authorized recyclable facility, which has been in operation for a period of one year.
(Ord. 1984, passed 5-17-94; Am. Ord. 2084, passed 10-31-95; Am. Ord. 2437, passed 8-13-02; Am. Ord. 2607, passed 9-5-06)
§ 10-1-28  LITTERING.
   Hauler's vehicles shall not be overloaded or release litter in violation of the F.S. § 403.413, “Florida Litter Law”.  If recovered materials or other litter is released or falls from a hauler's vehicle for any reason, the hauler shall immediately stop the vehicle and retrieve the litter.
(Ord. 1984, passed 5-17-94; Am. Ord. 2084, passed 10-31-95; Am. Ord. 2607, passed 9-5-06)
§ 10-1-29  REPORTS.
   (A)    In order for the city to determine the success of the recycling effort, reports shall be submitted to the city on each quarter of the year following the month of service.  Reports are due the city each year on January 1, April 1, July 1, and October 1.  In addition, all information shall be supplied in order to comply with the provisions of F.S. Ch. 403, Part IV, and any and all other applicable statutes, rules, regulations, ordinances, and inter-local governmental agreements.  All reports shall be submitted in a form, either hard copy, computer disk (compatible with the city's computer system) or otherwise satisfactory to the city.
   (B)   Reports shall include:
      (1)   The names of any business from whom the hauler collects recyclables.
      (2)   The amount (by weight) and type of recyclables collected.
      (3)   The name of the recycling facility where  material is delivered.
      (4)   The amount of solid waste not recycled and disposed of in a landfill.
      (5)   The name of the disposal facility where  material is delivered.
      (6)   If recycling is accomplished through a third party, the name of the third party and the above information for that party.
(Ord. 1984, passed 5-17-94; Am. Ord. 2084, passed 10-31-95; Am. Ord. 2437, passed 8-13-02; Am. Ord. 2607, passed 9-5-06)
§ 10-1-30  INSURANCE.
   (A)   The hauler shall obtain and maintain throughout the term of the permit not less than the insurance coverage set forth below.  All insurance policies shall be carried with a company or companies having a best rating of A or greater, with a financial size category of 5 or better, and which are authorized to transact business in the State of Florida.
      (1)   Worker's compensation.  The insurance policy shall fulfill all the requirements of the Worker's Compensation Act of Florida, including all legal requirements for occupational diseases.
      (2)   Comprehensive general liability.  The hauler shall maintain comprehensive general liability insurance insuring the city and the hauler with regard to all damages in the minimum amounts of:
         (a)   $2,000,000 for bodily injury or death to any one person, and the sum of $3,500,000 for bodily injury or death from any one accident, and
         (b)   $2,000,000 for property damage resulting from any one accident.
   (B)   The city shall be named as an additional insured for comprehensive general liability, and coverage shall be provided for all owned, leased and hired vehicles used in connection with providing recycling collection services.
(Ord. 1984, passed 5-17-94; Am. Ord. 2084, passed 10-31-95; Am. Ord. 2437, passed 8-13-02; Am. Ord. 2607, passed 9-5-06)
§ 10-1-31  INSPECTION.
   City inspectors shall be authorized to conduct compliance inspections of any vehicle or equipment used to store and transport recovered materials, and any recovered materials processing facility, at any time during normal hours of operation, without prior notice.
(Ord. 1984, passed 5-17-94; Am. Ord. 2084, passed 10-31-95; Am. Ord. 2607, passed 9-5-06)
§ 10-1-32  REVOCATION OF PERMIT.
   (A)   A permit may be temporarily or permanently revoked by the city if the permittee fails to comply with the requirements of this chapter or specific permit conditions, or repeatedly and consistently violates any laws, ordinances, rules or regulations of the state or any local government.
   (B)   Prior to revocation, a permittee shall have reasonable notice of the charges and an opportunity to be heard by an impartial party.
(Ord. 1984, passed 5-17-94; Am. Ord. 2084, passed 10-31-95; Am. Ord. 2607, passed 9-5-06)
§ 10-1-33  RESERVED.
§ 10-1-96  VESTING.
   Current agreements with commercial recycle haulers which provide for alternative methods of collections shall remain valid for a period of seven years after the effective date of this section, after which those agreements shall become void and the regulations of this chapter shall apply.
(Ord. 2930, passed 5-3-16)
§ 10-1-97  DOUBLE PERMIT FEE.
   Any person or hauler who provides any type of solid waste, recyclable, or construction debris without obtaining a permit as required in § 10-1-21 shall pay a permit fee, twice the scheduled amount for the additional administrative time to document the illegal activity.
(Ord. 2437, passed 8-13-09; Am. Ord. 2607, passed 9-5-06; Am. Ord. 2930, passed 5-3-16)
§ 10-1-98  ENFORCEMENT POWERS.
   The Sanitation Superintendent shall have the authority to deny any and/or all collection services under this chapter to persons or places not complying with this chapter. Any person aggrieved by any decision of the Sanitation Superintendent shall have the right to appeal the decision to the Public Works Director. Nothing in this chapter shall prevent the city from taking any other lawful action as is necessary to prevent or remedy any such violation.
(Ord. 2930, passed 5-3-16)
§ 10-1-99  PENALTY.
   Any person, including officers or any corporation violating the provisions of this chapter shall be subject to prosecution and, if convicted, such violation shall be punishable as provided by § 1-1-99 of this code.
(Ord. 2437, passed 8-13-02; Am. Ord. 2607, passed 9-5-06; Am. Ord. 2930, passed 5-3-16)