§ 47-4. RECYCLING.
   (a)   Residential recycling: The collector shall provide the town and all residential units with the capability to participate in a recycling program as provided by Chapter 403, Florida Statutes, as amended from time to time.
      (1)   The collector will provide each residential unit with three recycling containers used for the storage/collection of recyclable materials.
      (2)   Recyclable material shall be sorted by residents and placed in recycling containers. Recycling containers shall be placed at curbside, separate and apart from any other containers on specified collection days.
      (3)   All recycling containers shall be rinsed, plastic containers have caps removed and flattened prior to placement in recycling containers. Metal cans need not be flattened, and labels need not be removed from cans or glass. Newspapers shall be free of food or other contaminants when placed in recycling container.
      (4)   The abuse or use of recycling containers for purposes other than as provided herein is prohibited. The recycling containers remain the property of the collector.
      (5)   Recyclable material is material placed at curbside in recycling containers for collection shall become the property of the town.
      (6)   Recyclable materials shall be sold through markets, the aggressive development of which is responsibility of the collector. The town shall assist the collector in its marketing efforts by passing resolutions and by providing other support as is deemed reasonable and necessary by the town.
      (7)   All proceeds from the sale of the recyclable materials will go to the town as provided in the franchise agreement between the town and the collector. The collector shall be responsible for maintaining a complete accounting record of such sale proceeds and shall make said accounting records available to the town along with its periodic payments to the town. The accounting shall, at a minimum, include the amount of bottles, cans and newspaper collected during the particular period reported, the place of disposal of the recyclable material and the amount of funds realized from the sale of the recyclable material.
      (8)   It shall be unlawful and a violation of this code for any person other than those authorized by the Town of Melbourne Beach to collect or pickup or caused to be picked up any recyclable material placed at the curbside for collection. The collector and anyone designated by the Town Manager to collect or pick-up or caused to be collected or picked-up recyclable materials is authorized to undertake the collection or removal of recyclable material from a recycling container. The Town Manager may authorize any individual to perform the functions set forth herein; provided, that said individual is operating pursuant to or in furtherance of any law enforcement function, this code, any program or plan approved by the Town Commission, or in event of any emergency as determined by the Town Manager and in furtherance of the public interest, safety, health or aesthetics.
      (9)   In the event the recyclable containers contain material other than recycling materials, the non-recyclable materials will not be collected and an explanatory notice will be placed in the recycling container.
      (10)   The town and the collector will cooperate in the design of promotional events and educational programs and the preparation of promotional materials such as flyers for public distribution. However, the foregoing shall not be construed to obligate the town to make expenditures, endorse programs and materials or make space or personnel available for the foregoing. The collector will distribute written information reviewed and approved by the town to the residential participants on a periodic basis as described in the franchise agreement. The collector agrees to conduct presentations for schools, civic groups, homeowners associations and other appropriate citizens groups at the request of same or the town, all at no expense to the town or citizens group.
      (11)   The collector shall keep records of the volume of solid waste and recyclable materials collected and charges therefore, and the town shall have the right to review those records which in any way pertain to the payments.
   (b)   Multi-family dwelling and commercial recycling shall be accomplished at such time as may be specified in a franchise agreement between the collector and the town.