HomeMy WebLinkAboutAgenda Item Cover Pager AGENDA ITEM COVER PAGE
File ID: #6554
R Imo_
Ordinance
Second Readinq
Sponsored bv: Manolo Reves, Commissioner, Keon Hardemon, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
22/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), TITLED "GARBAGE AND OTHER SOLID WASTE/IN GENERAL;"
MORE SPECIFICALLY, BY AMENDING SECTION 22-1, TITLED "DEFINITIONS," TO
DEFINE SUBCONTRACTOR AND WASTE BROKER, AND SECTION 22-6, TITLED
"LITTERING AND DUMPING PROHIBITED; DUMPING OR BURYING WASTE
WITHOUT PROPER AUTHORIZATION; ILLEGAL DUMPING IN AREA BULKY WASTE
TRANSFER STATIONS; ENGAGING IN BUSINESS OF SOLID WASTE COLLECTION
WITHOUT FRANCHISE; DECLARED PUBLIC NUISANCE; PRESUMPTION," TO
PROHIBIT FRANCHISEES FROM CONTRACTING, SUBCONTRACTING, UTILIZING
EQUIPMENT, OR ENTERING INTO BUSINESS RELATIONSHIPS WITH
COMMERCIAL SOLID WASTE HAULERS THAT HAVE NOT BEEN AWARDED A
FRANCHISE BY THE CITY OF MIAMI ("CITY') FOR THE PROVISION OF SERVICES
TO COMMERCIAL AND MULTI -FAMILY PROPERTIES WITHIN THE CITY OF MIAMI
("PURPOSE"); FURTHER AMENDING CHAPTER 22/ARTICLE II OF THE CITY CODE,
TITLED "GARBAGE AND OTHER SOLID WASTE/REGULATION OF PERSONS
ENGAGED IN COMMERCIAL WASTE COLLECTION;" MORE SPECIFICALLY, BY
AMENDING SECTION 22-46, TITLED "ENGAGING IN BUSINESS OF SOLID WASTE
COLLECTION AND DISPOSAL; ISSUANCE OF FRANCHISE AGREEMENT TO
PRIVATE SOLID WASTE COLLECTORS," FOR THE SAME PURPOSE; AND
FURTHER AMENDING CHAPTER 22/ARTICLE IV OF THE CITY CODE, TITLED
"GARBAGE AND OTHER SOLID WASTE/MAINTENANCE OF LOTS;" MORE
SPECIFICALLY, BY AMENDING SECTION 22-119, TITLED "EXEMPTIONS," FOR
THE PROVISION OF AN EXEMPTION DURING A DECLARED STATE OF
EMERGENCY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
City of Miami File ID: 6554 (Revision: 8) Printed On: 2/3/2020
GS.,Y OFA
+' nein uare� #
i"
City of Miami
Legislation
Ordinance
Enactment Number: 13889
File Number: 6554 Final Action Date: 1/23/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
22/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), TITLED "GARBAGE AND OTHER SOLID WASTE/IN GENERAL;"
MORE SPECIFICALLY, BY AMENDING SECTION 22-1, TITLED "DEFINITIONS," TO
DEFINE SUBCONTRACTOR AND WASTE BROKER, AND SECTION 22-6, TITLED
"LITTERING AND DUMPING PROHIBITED; DUMPING OR BURYING WASTE
WITHOUT PROPER AUTHORIZATION; ILLEGAL DUMPING IN AREA BULKY WASTE
TRANSFER STATIONS; ENGAGING IN BUSINESS OF SOLID WASTE COLLECTION
WITHOUT FRANCHISE; DECLARED PUBLIC NUISANCE; PRESUMPTION," TO
PROHIBIT FRANCHISEES FROM CONTRACTING, SUBCONTRACTING, UTILIZING
EQUIPMENT, OR ENTERING INTO BUSINESS RELATIONSHIPS WITH
COMMERCIAL SOLID WASTE HAULERS THAT HAVE NOT BEEN AWARDED A
FRANCHISE BY THE CITY OF MIAMI ("CITY") FOR THE PROVISION OF SERVICES
TO COMMERCIAL AND MULTI -FAMILY PROPERTIES WITHIN THE CITY OF MIAMI
("PURPOSE"); FURTHER AMENDING CHAPTER 22/ARTICLE II OF THE CITY CODE,
TITLED "GARBAGE AND OTHER SOLID WASTE/REGULATION OF PERSONS
ENGAGED IN COMMERCIAL WASTE COLLECTION;" MORE SPECIFICALLY, BY
AMENDING SECTION 22-46, TITLED "ENGAGING IN BUSINESS OF SOLID WASTE
COLLECTION AND DISPOSAL; ISSUANCE OF FRANCHISE AGREEMENT TO
PRIVATE SOLID WASTE COLLECTORS," FOR THE SAME PURPOSE; AND
FURTHER AMENDING CHAPTER 22/ARTICLE IV OF THE CITY CODE, TITLED
"GARBAGE AND OTHER SOLID WASTE/MAINTENANCE OF LOTS;" MORE
SPECIFICALLY, BY AMENDING SECTION 22-119, TITLED "EXEMPTIONS," FOR
THE PROVISION OF AN EXEMPTION DURING A DECLARED STATE OF
EMERGENCY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") utilizes the services of City awarded Commercial
Solid Waste Hauling Franchisees ("Franchisees") for the disposal of solid waste for commercial
and multi -family properties ("Commercial Properties"); and
WHEREAS, to ensure the public's safety, the City wishes to prohibit Franchisees from
contracting, subcontracting, utilizing equipment, or entering into business relationships with
commercial solid waste haulers that have not been awarded a franchise by the City for the
purposes of providing services to Commercial Properties within the City;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as fully set forth in this Section.
City of Miami File ID: 6554 (Revision: 8) Printed On: 2/3/2020
Section 2. Chapter 22 of the Code of the City of Miami, Florida, as amended ("City
Code"), titled "Garbage and other Solid Waste," is further amended in the following particulars:'
"CHAPTER 22
GARBAGE AND OTHER SOLID WASTE
ARTICLE I. IN GENERAL
Sec. 22-1. Definitions.
For the purpose of this chapter, the definitions contained in this section shall apply unless
otherwise specifically stated.
Subcontractor. The word "Subcontractor" shall mean a private commercial solid waste haulinq
companv that is subcontracted or otherwise used by a franchisee of the Citv for the
servicinq of a commercial property within the Citv for removal and disposal of solid waste
pursuant to the provisions of this Chapter. Franchisees and Subcontractors shall be iointly
and severally responsible for compliance with this Article. The Citv may revoke franchises
as provided in this Article and pursue all remedies allowed by the laws of the State of
Florida and the Citv for violations of this Article. Subcontractors used by franchisees to
perform commercial solid waste hauling services including, but not limited to, use of their
equipment and/or servicinq of commercial properties within the Citv shall be required to
have a Citv Commission awarded franchise.
Waste Broker. The word "Waste Broker' shall mean an individual, including a natural person or
entitv, who serves as a middle person between other parties within the commercial solid
waste hauling industrv. The services of a Waste Broker who utilize Citv franchisees and/or
Subcontractors who have a Citv Commission awarded franchisee for servicina of
commercial properties within the Citv are allowed under this Chapter.
Sec. 22-6. Littering and dumping prohibited; dumping or burying waste without proper
authorization; illegal dumping in area bulky waste transfer stations; engaging in business of
solid waste collection without franchise; declared public nuisance; presumption.
(a) Intent. It is the intent of the city commission to prevent, in whatever way possible, the
abuse of the environment of the city through acts of any persons that are generally
classified under the headings of "dumping" and "littering," which acts severely burden the
taxpayers of the city and adversely affect the attractiveness, public health, safety and
welfare of the community for its residents and visitors.
(b) The city will provide sufficient litter containers to be placed in strategic locations
throughout the city, with special consideration to be given to high density populations and
heavily traveled areas, to be used for the deposit of litter by pedestrians only and not by
abutting store owners or vendors.
(c) Prohibited act(s). The following shall be unlawful:
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami File ID: 6554 (Revision: 8) Printed On: 2/3/2020
(1) Dumping litter and/or refuse in any manner or amount whatsoever in or on any public
highway, road, street, alley, thoroughfare or any other public lands, except in
containers or areas lawfully provided therefor. The provisions of F.S. § 403.413, as
amended, shall apply to all public rights-of-way within the city.
(2) Dumping litter and/or refuse in or on any freshwater lakes, canals, rivers or streams or
tidal or coastal waters of the city.
(3) Dumping litter and/or refuse and burying waste in any manner or amount whatsoever
on any private property, unless prior written consent of the owner has been given, and
such disposal has been authorized via permit by the county health department,
provided said litter and/or refuse will not cause a public nuisance or be in violation of
any other state or local laws or regulations.
(4) Sweeping, blowing by mechanical means or dumping litter and/or refuse including
stagnant water or dead animals into, upon or along the drain, gutter, alley, lane,
sidewalk, street or vacant lot, or in any public or private premises within the municipal
limits of the city.
(5) Causing, maintaining, permitting or allowing the accumulation of any litter or refuse on
any construction or building site before, during or after completion of said construction
or building. It shall be the duty of the owner, or the owner's agent, of the property in
question to make adequate provisions for the disposing of debris and litter and to have
on the construction or building site adequate facilities for the disposing of said litter and
refuse and to make appropriate arrangements for the collection thereof. Said
arrangements and/or methods for disposing litter and debris shall be approved by the
director prior to the issuance of a building permit.
(6) Disposing of the carcass of any dead animal, domestic or otherwise, by the throwing,
discarding, placing or depositing of said carcass in or on any of the locations noted in
subsections (c)(1) through (3) of this section.
(7) Discarding of garbage, fruit, or other matter subject to putrefaction, rotting or decay at
minidumps shall constitute a violation of this chapter. Minidumps are restricted to use
by residents of the city for the deposit of bulky waste from residential properties. The
method of transporting this waste shall be as prescribed in section 22-7 herein.
(8) Obstructing use of public facility, salvaging or vandalism by any person on the
premises at which minidumps are located constitutes a violation of this chapter.
(d) It shall be unlawful for any owner, occupant, lessee, employee, franchisee or other person
from any commercial property to dump or cause to be dumped any material whatsoever
from such commercial property at or upon any minidumps, public rights-of-way, city
property or any unauthorized disposal location.
(e) It shall be unlawful for any person, franchisee, firm, corporation or other legal entity to
collect, remove or transport any solid waste material for compensation from any location or
premises within the city without first having been granted a nonexclusive franchise by the
city.
(f) It shall be unlawful for any person, firm, corporation or other legal entity to utilize the
services of any commercial solid waste collector who does not have a valid city solid waste
nonexclusive franchise.
(g) It shall be unlawful for a franchisee to contract or subcontract with another commercial
solid waste haulina companv, also referred to as a Subcontractor, for the servicina of a
commercial property within the Citv that does not have a Citv Commission awarded
franchise.
(h) It shall be unlawful for a franchisee to utilize or have anv equipment that is owned by
another commercial solid waste haulina companv, also referred to as a Subcontractor, for
the servicina of a commercial property within the Citv that does not have a Citv Commission
awarded franchise.
(i) It shall be unlawful for a franchisee to have a business arrangement with another
commercial solid waste haulina companv, also referred to as a Subcontractor, or Waste
Broker for the servicina of a commercial property within the Citv by a solid waste haulina
company that does not have a Citv Commission awarded franchise.
City of Miami File ID: 6554 (Revision: 8) Printed On: 2/3/2020
(gi) Declared public nuisance. In addition to, and not in limitation upon any enforcement action
for violation of this section, it is the intent of the city commission to declare the dumping of
litter and/or refuse in the city, as hereinbefore described and prohibited, a public nuisance
and to subject violators of this section to the provisions of this chapter calling for removal of
such a public nuisance through notice, hearing and a lien enforcement procedure if the city
so chooses to remedy the prohibited condition. Any action taken pursuant to this section in
enforcing the provisions of this chapter shall be considered cumulative and in addition to
penalties and other remedies provided elsewhere in this chapter.
(#k) Applicability of state and county laws. In addition to, and not in limitation of the provisions
of this section, the provisions of F.S. § 403.413, also known as the "Florida Litter Law," and
chapter 15 of the Code of Metropolitan Dade County, as amended from time to time, are
hereby added to this Code of Ordinances and incorporated by reference herein. The city
commission also respectfully suggests to any court finding persons guilty of violations of the
"Florida Litter Law" that the provisions of F.S. ch. 948, "Probation," be utilized liberally in
order to require such persons to expend appropriate amounts of time and effort gathering
up litter and refuse at places within the city as may be designated by the court.
(+I) Noncompliance with any section shall be punishable in a manner as provided in sections
22-6 and 22-93. Noncompliance may result in the city's taking such action as it deems
appropriate under the circumstances, and a lien shall be imposed against the property for
recovery of all costs involved.
GM) A civil fine of $500.00 per occurrence shall be imposed for littering and for illegal dumping
by individuals and a fine of $1,050.00 per occurrence for littering and for illegal dumping
when being done using a private vehicle.
(kn) Pursuant to the provisions of § 403.413, Fla. Stat., the Florida Litter Law, the sanitation
inspectors are designated as litter enforcement officers of the city, for the purposes of
enforcing F.S. § 403.413, and section 22-6 herein. Such employees are designated and
appointed as litter enforcement officers.
ARTICLE II. - REGULATION OF PERSONS ENGAGED IN
COMMERCIAL WASTE COLLECTION
Sec. 22-46. Engaging in business of solid waste collection and disposal; issuance of franchise
agreement to private solid waste collectors.
(a) No person, firm or corporation shall remove or transport any solid waste material over the
streets or public rights-of-way of the city or its real property for hire or salvage without first
applying for and receiving a franchise from the department to carry on such a business. The
franchise required by this section shall be in addition to any local business tax receipt and
other license(s) which otherwise may be required by law, including F.S. § 403.4046. A
franchise will not be granted to a commercial property for the sole purpose of hauling the
solid waste material of its own tenants or occupants.
(b) It shall be unlawful for any commercial solid waste collector/franchisee to provide service
to any property within 100 feet of a residential district between the hours of 11:00 p.m. and
7:00 a.m.
(c) It shall be unlawful for a franchisee to contract or subcontract with another commercial
solid waste haulina companv, also referred to as a Subcontractor, for the servicina of a
commercial property within the Citv that does not have a Citv Commission awarded
franchise.
(d) It shall be unlawful for a franchisee to utilize or have anv equipment that is owned by
another commercial solid waste haulina companv, also referred to as a Subcontractor, for
the servicina of a commercial property within the Citv that does not have a Citv Commission
awarded franchise.
(e) It shall be unlawful for a franchisee to have a business arrangement with another
commercial solid waste hauling company, also referred to as a Subcontractor, or a Waste
City of Miami File ID: 6554 (Revision: 8) Printed On: 2/3/2020
Broker for the servicing of a commercial propertv within the Citv by a solid waste haulinq
companv that does not have a Citv Commission awarded franchise.
(sf) No franchise granted pursuant to this chapter shall be deemed the property of the holder
thereof.
(4g) The city reserves unto itself the power to revoke all franchises granted pursuant to this
chapter, to change or limit the rights granted, or to otherwise modify the franchises, in its
sole discretion, by ordinance duly enacted by it. Such action shall not be deemed a taking
of a property, contract, or other right of any franchisee, it being the express intention of this
chapter to reserve unto the city, the power, in its sole discretion, to alter the methods of
solid waste collection employed in the city, and the manner in which to provide for solid
waste services delivered within the city.
(eh) The city commission is authorized, from time to time, to grant one or more franchise(s)
granting the right and privilege to operate a commercial garbage and trash collection and
disposal system in, upon, over and across the present and future streets, alleys, easements
and other public places of the city for the purpose of collecting all solid waste from
commercial and multifamily establishments as defined in this chapter.
(#i) The franchise(s) shall be granted only after the applicant for the franchise has responded
successfully to the request for qualifications and filed with the purchasing department, an
application, and such other documentation as may reasonably by required to establish that
the applicant meets all of the requirements delineated in this chapter.
(gi) The franchise(s) shall initially be granted for a period of five years, with three one-year
options to renew, upon approval of the application by the city commission. The option to
renew any franchise(s) for the additional three one-year periods shall be at the sole
discretion of the city.
(k) Franchise agreements shall be inclusive of the requirements of Chapter 22 of the Citv
Code, as amended. A commercial solid waste haulina company's servicina of a commercial
propertv within the Citv without a Citv Commission awarded franchise pursuant to Chapter
22 of the Citv Code, as amended, shall be presumed a public nuisance and deemed
damaging to the public health, safetv, and general welfare.
(1) All amendments to Chapter 22 of the Citv Code, shall be deemed applicable to and a part
of all franchise agreements, by operation of law, without need for execution of an
amendment. For additional clarity, the department and each franchisee shall enter into and
execute an amendment to the franchise aareement for addition of the requirements of this
Section, as amended.
ARTICLE IV. — MAINTENANCE OF LOTS
Sec. 22-119. - Exemptions.
This article shall not apply to any lots protected by federal, state, or local law or any lots
owned by the federal government, state government, Miami -Dade County, or the city.
The reauirement that all Subcontractors have and maintain Citv franchises shall not apply
durina a declared State of Emeraencv pursuant to the provisions of Chapter 45 of the Citv
Code, as amended.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
City of Miami File ID: 6554 (Revision: 8) Printed On: 2/3/2020
Section 4. This Ordinance shall become effective ninety (90) days after adoption.2
APPROVED AS TO FORM AND CORRECTNESS:
ViAt6ria-Tnd(E�z, C ity Attor.iey 10/1/2019 ria ' ndez, ity ttor iey 12/3/2019
l
ria ndez, `ity ttor�ey 1113/2020
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days
from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission or upon the effective date stated herein,
whichever is later.
City of Miami File ID: 6554 (Revision: 8) Printed On: 2/3/2020