HomeMy WebLinkAbout2013 10 28 Public Hearing 503 Waste Management Services - Enforcement Ordinance 2013-17 1st Reading COMMISSION AGENDA
Informational
Consent
ITEM 503 public Hearings X
Regular
October 28, 2013 KS
Regular Meeting City Manager Department
REQUEST:
The City Manager and City Attorney recommend that the City Commission consider
passing on First Reading Ordinance No. 2013-17 regarding the enforcement of the City's
authority to regulate the collection and disposal of solid waste within the jurisdictional
limits of the City.
SYNOPSIS:
The City Commission has historically and traditionally regulated the collection and disposal
of solid waste within the City of Winter Springs. For example, currently Ordinance No.
2006-01 is in effect which grants an exclusive solid waste franchise to Waste Pro of Florida,
Inc. to collect and dispose of all residential and commercial solid waste in accordance with
the terms and conditions of a franchise agreement. Ordinance No. 2013-17 reemphasizes
the powers and authority granted to municipalities by the Florida Legislature under
Chapters 166, 180, and 403, Florida Statutes for solid waste collection and disposal that
have been traditionally recognized by the courts. Further, the Ordinance authorizes code
enforcement staff to issue civil code citations to any person or entity that provides solid
waste collection and disposal services to real property within the jurisdictional limits of the
City without first obtaining a franchise or license from the City or in violation of any
applicable solid waste franchise awarded and adopted by the City. Such violations will
constitute a Class III ($300) penalty. Each refuse container, trash receptacle, rolloff
container, mechanical cart, or mechanical container collected in violation of Ordinance No.
2013-17 shall constitute a separate violation. The proposed ordinance, if adopted, will be
permanently codified in the City Code until repealed or modified.
CONSIDERATIONS:
Public Hearings 503 PAGE 1 OF 3-October 28,2013
1. Pursuant to Chapters 166, 180, and 403, Florida Statutes, the City has the authority
to regulate the collection and disposal of residential and commercial solid waste and
construction debris within the jurisdictional limits of the City.
2. As noted in Agenda Item 502 previously considered at this meeting, the City has
recently experienced an issue which could impede the City's ability to exercise the
authority to comprehensively regulate the collection and disposal of solid waste within the
City.
3. Ordinance No. 2013-17 reemphasizes the powers and authority granted to
municipalities by the Florida Legislature under Chapters 166, 180, and 403, Florida
Statutes for solid waste collection and disposal that have been traditionally recognized by
the courts. Further, the Ordinance authorizes code enforcement staff to issue civil code
citations to any person or entity that provides solid waste collection and disposal services
to real property within the jurisdictional limits of the City without first obtaining a
franchise or license from the City or in violation of any applicable solid waste franchise
awarded and adopted by the City.
4. Such violations will constitute a Class III ($300) penalty. Each refuse container,
trash receptacle, rolloff container, mechanical cart, or mechanical container collected in
violation of Ordinance No. 2013-17 shall constitute a separate violation.
5. If Ordinance 2013-17 is adopted by the Commission, it will be codified in the City
Code and supplant in its entirety Emergency Ordinance 2013-16. Ordinance 2013-16 will
be deemed automatically repealed at that time.
6. Second and final reading of Ordinance 2013-17 is scheduled for November 18, 2013.
FISCAL IMPACT:
None.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas/Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
Public Hearings 503 PAGE 2 OF 3-October 28,2013
The City Manager and City Attorney recommend that the City Commission pass Ordinance
No. 2013-17 on First Reading and schedule the second and final reading of the Ordinance
for adoption on November 18, 2013.
ATTACHMENTS:
• Ordinance 2013-17
Public Hearings 503 PAGE 3 OF 3-October 28,2013
ORDINANCE NO. 2013-17
AN ORDINANCE OF THE CITY COMMISSION OF
WINTER SPRINGS, FLORIDA REGULATING THE
COLLECTION AND DISPOSAL OF SOLID WASTE
WITHIN THE JURISDICTIONAL LIMITS OF THE CITY
OF WINTER SPRINGS; ESTABLISHING A CIVIL
CITATION FINE AS A SUPPLEMENTAL MEANS OF
ENFORCING THE CITY'S AUTHORITY TO REGULATE
THE COLLECTION AND DISPOSAL OF SOLID WASTE
AND ANY EXCLUSIVE SOLID WASTE FRANCHISE
ADOPTED BY THE CITY; PROVIDING SEVERABILITY,
REPEAL OF ORDINANCE NO. 2013-16, INCORPORATION
INTO THE CODE,AND AN EFFECTIVE DATE.
WHEREAS, this Ordinance is adopted pursuant to the powers and authority granted to
municipalities by the Florida Legislature under Chapters 166, 180, and 403, Florida Statutes,
which powers and authority have been traditionally recognized by the courts; and
WHEREAS, solid waste collection and disposal is a traditional municipal function under
Florida law, Bennett Electric Co. v. Village of Miami Shores, 11 F. Supp.2d 1348 (S.D. Fla. May
6, 1998), and a city may require that it be the sole and exclusive provider of garbage service
within its jurisdiction. United Sanitation Services of Hillsborough, Inc. v. City of Tampa, 302 So.
2d 435 (Fla. 2nd DCA 1974); and
WHEREAS, the City Commission desires to emphasize that the City has the exclusive
right to regulate solid waste collection and disposal within the jurisdictional limits of the City in
accordance with law; and
WHEREAS, section 19-2(a) of the Winter Springs Code provides that all property
owners shall be required to utilize the solid waste services provided by the city in accordance
with any applicable solid waste franchise awarded by the city and in accordance with other
applicable law; and
WHEREAS, the City Commission finds that the intrusion of any person, private or
governmental entity or organization into the field of solid waste collection and disposal in
violation of the City Code or any applicable City's franchise ordinance is a substantial threat to
the public health, safety and welfare of the City and its residents and property owners and the
legitimate governmental interest of the City to exclusively provide for the efficient and proper
methods of collecting and disposing of solid waste within the jurisdictional boundaries of the
City of Winter Springs. See Pahokee Housing Authority, Inc. v. South Florida Sanitation
Company, 478 So. 2d 1107 (Fla. 4th DCA 1985) (rejecting housing authority's claim that state
law exempted housing authority from county's exclusive solid waste franchise); United
Sanitation Services of Hillsborough, Inc. v. City of Tampa, 302 So. 2d 435 (Fla. 2d DCA 1974)
(garbage enterprise may not only be regulated but also exclusively performed as an essential part
City of Winter Springs
Ordinance 2013-17
Page 1 of 3
of a public service by a municipality even if the exclusive collection of garbage results in the
complete preclusion of other such collections); West Coast Disposal Service. Inc. v. Smith, 143
So. 2d 352 (Fla. 2d DCA 1962); and
WHEREAS, the City Commission declares that it is the City's intention to continue to
exercise its authority to regulate the collection and disposal of solid waste within the City and to
honor any franchise ordinance and agreement which is awarded by the City; and
WHEREAS,although section 1-15 of the City Code currently provides that any violation
of City ordinances is subject to a fine of not more than $500, the City Commission desires to
expressly authorize the use of civil citations as a more efficient and supplemental means of
enforcing the City's right to regulate the collection and disposal of solid waste within the City
and any duly approved franchise ordinance against persons and entities that intrude into the field
of solid waste collection and disposal in violation of any franchise ordinance and City Code; and
WHEREAS, the City Commission of Winter Springs also finds that this Ordinance is in
the best interests of the public health, safety, and welfare of the citizens of Winter Springs.
NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and constitute
legislative findings of the City Commission of Winter Springs.
Section 2. Section 19-3 City Code Adopted. The City of Winter Springs Code of
Ordinances, Section 19-3 is hereby created follows (underlined type indicates additions to the
City Code):
Sec. 19-3 Solid Waste Collection and Disposal Authority; Establishment of Civil
Citation Penalty for Violations.
(a) All solid waste accumulated on real property within the City shall be
collected, conveyed and disposed of by the City or its designated agents, licensees,
or franchisees pursuant to the terms and conditions adopted by the City for the
collection,conveyance and disposal of solid waste in accordance with law.
(b) It shall be unlawful for any person or entity to provide solid waste collection
and disposal services to real property located within the jurisdictional limits of the
City without having first obtained a franchise or license from the City. The City
shall have the right to impose a franchise or license fee for the use of City rights-
of-way,roads, streets, and other public ways.
(c) It shall be unlawful for any person or entity to provide solid waste collection
and disposal services to real property within the jurisdictional limits of the City in
violation of any applicable solid waste franchise awarded and adopted by the City.
City of Winter Springs
Ordinance 2013-17
Page 2 of 3
(d) A violation of subsection(b)or(c) shall constitute a Class III violation($300)
and shall be subiect to the Citv's civil code enforcement ordinance § 2-66 et. seq.
Each refuse container, trash receptacle, rolloff container, mechanical cart, or
mechanical container collected in violation of subsection (b) or (c) shall constitute
a separate violation.
Section 3. Incorporation Into Code. This Ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 4. Repeal of Prior Inconsistent Ordinances. Upon the effective date of this
Ordinance, Ordinance No. 2013-16 shall be deemed automatically repealed and no longer of full
force and effect.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Ordinance.
Section 6. Effective Date; This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs and as provided by City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida on this
day of November, 2013.
Charles Lacey,Mayor
ATTEST:
Andrea Lorenzo-Luaces,City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Ordinance 2013-17
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