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HomeMy WebLinkAboutOrdinance 2013-16 Waste Management Services Emergency Ordinance ORDINANCE NO. 2013-16 AN EMERGENCY 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 AND AN EFFECTIVE DATE. WHEREAS, this emergency ordinance is enacted pursuant to section 166.041(3)(b), Florida Statutes, and Section 4.15(d) of the Winter Springs Charter; and WHEREAS, for the reasons expressed in the recitals of this Ordinance and the corresponding City Commission Agenda Item, the City Commission hereby declares that an emergency exists for purposes of expeditiously addressing an anticipatory violation of the City's exclusive solid waste franchise ordinance that undermines the traditional municipal function of the City to regulate the collection and disposal of solid waste within the jurisdictional limits of the City of Winter Springs in furtherance of the public health, safety and welfare of the City; and WHEREAS, upon completion of a competitive bid process, the City Commission previously adopted Ordinance No. 2006-01 granting an exclusive solid waste franchise to Waste Pro of Florida, Inc. for purposes of collecting and disposing of solid waste and construction debris on a comprehensive, efficient, and economical basis for all residential and commercial customers within the jurisdictional limits of the City of Winter Springs in accordance with the terms and conditions expressly set forth in the solid waste franchise agreement ("Franchise Ordinance"); and WHEREAS, the Franchise Ordinance was 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 reemphasize that the Franchise Ordinance is exclusive and is intended to apply to all residential and commercial solid waste services, as those terms are broadly defined in the Franchise Ordinance; and City of Winter Springs Ordinance 2013-16 Page 1 of 4 WHEREAS, the Franchise Ordinance expressly and unambiguously defines "commercial service" to include collection and disposal service provided to business establishments, churches, schools, multiple dwelling units, office buildings and other commercial establishments; and WHEREAS, the Franchise Ordinance also does not exempt any person, private or governmental entity or organization from the requirements of said Ordinance; 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'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 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, Waste Pro of Florida, Inc. has recently notified the City that it anticipates that the Seminole County School District may authorize, effective on November 1, 2013, the use of a different solid waste hauler to service schools within the jurisdictional limits of Winter Springs in violation of the Franchise Ordinance and Agreement between Waste Pro of Florida, Inc. and the City, and that Waste Pro of Florida, Inc. has requested that the City enforce the exclusivity provision of the Franchise Ordinance and Agreement with respect to schools; and WHEREAS, the apparent actions of the School District not only appear to be contrary to the aforementioned legal authority, but have also placed the City in a difficult position of risking a breach of the Franchise Ordinance and Agreement if they are not enforced, thereby jeopardizing the comprehensive solid waste franchise and program adopted and established by the City for the general welfare of the entire City; and WHEREAS, the City Commission declares that it is the City's intention to exercise its authority to regulate the collection and disposal of solid waste within the City and to honor the exclusive Franchise Ordinance and Agreement which was awarded to Waste Pro of Florida, Inc. and to avoid any breach of the same to the extent possible; and City of Winter Springs Ordinance 2013-16 Page 2 of 4 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 the City's duly approved Franchise Ordinance against persons and entities that intrude into the field of solid waste collection and disposal in violation of the 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 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. (d) A violation of subsection(b) or(c) shall constitute a Class III violation ($300) and shall be subject to the City's civil code enforcement ordinance § 2-66 et. seq. Each refuse container, trash receptacle, rolloff container, mechanical cart, or mechanical container collected or placed into service on any such real property per day in violation of subsection (b) or (c) shall constitute a separate violation. Section 3. Not Incorporated Into Code. This Ordinance shall not be incorporated into the Winter Springs City Code. Section 4. 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 City of Winter Springs Ordinance 2013-16 Page 3 of 4 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 5. Effective Date; Termination. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs and as provided by City Charter. Unless sooner repealed by the City Commission by a subsequently enacted ordinance, this emergency ordinance shall automatically stand repealed on December 28, 2013 pursuant to Section 4.15(d) of the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, by 2/3rds vote of the Commission on this 28th day of October, 2013. Charles Lacey, Mayo ATTEST: e.r orenzo-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 2013-16 Page 4 of 4