HomeMy WebLinkAboutOrdinance 99-70
ORDINANCE NO. 99- '":1-0
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING CHAPTER FIFfEEN OF THE CODE OF
MIAMI-DADE COUNTY AS ADOPTED BY SECTION 8.3 OF THE
CHARTER OF THE CITY OF SUNNY ISLES BEACH, TO INCLUDE
A SECTION ENTITLED "DUMPSTER ENCLOSURE"; PROVIDING
FOR SPECIFICATIONS, MATERIALS, AND LOCATION
RELATIVE TO DUMPSTER ENCLOSURES; PROVIDING FOR
RESIDENTIAL TRASH AND GARBAGE RECEPTACLE PICK UP
AND REMOVAL PROVISIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR DEFERRED ENFORCEMENT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach has adopted the Code of Miami-Dade
County including Chapter 15 entitled "Solid Waste Management" as its own, which
chapter does not include a section on Dumpster Enclosure; and
WHEREAS, the City of Sunny Isles Beach deems it to be in the best interest of its
citizens and residents to enhance the aesthetic appearance of the City by providing that
dumpsters shall be enclosed;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. DUMPSTER ENCLOSURE.
(A) Dumpsters shall be maintained in an enclosure with the service and access
gate(s) closed except when being serviced by a commercial refuse/garbage
collector or when being used to access the dumpster.
(B) Dumpster lids shall be kept closed at all times when the dumpster
is not being used or serviced.
(C) Garbage and trash shall be placed inside the dumpster and not on or around
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Section 2.
the dumpster or the enclosure. Loose garbage and trash in plain view is a
violation of Code, a health hazard, and aesthetically undesirable. The
property owner shall be responsible for keeping the enclosure and
surrounding area litter, garbage, and trash free at all times.
It shall be a violation of the Code of Ordinances to allow the dumpster to
be filled to over capacity so that the dumpster lid is prevented from closing
on top of the garbage bags.
(D) Dumpster enclosures shall be kept in good repair at all times.
(E) Location on site of a dumpster enclosure shall require the prior approval of
the Director of Public Works and Building Official.
DUMPSTER ENCLOSURE: SPECIFICATIONS. MATERIALS
LOCATION.
(A) Placement. A dumpster shall be kept in a place easily accessible to
authorized collection vehicles at all times and no service shall be given to
those placing or permitting objects, ground level or overhead obstructions,
or vehicles, to hinder in any way whatsoever the servicing of bulk
containers by authorized collection vehicles. Unless in a public right-of-
way for purposes of collection only, all dumpsters shall be placed within an
approved enclosure.
It shall be unlawful for any person to place or store, or allow to be placed
or stored, a dumpster upon or in any public street, alley or right-of-way;
provided, however, that such container or receptacle may be placed in the
public right-of-way during the collection/emptying process.
(B) Dumpster space designation and enclosure requirement. All real
property in a commercial, industrial or business zoning classification
utilizing dumpsters shall provide an enclosure of a size that would permit
the moving in or out of the dumpster without damage to the enclosure and
shall be a minimum of twelve inches (12 It) above the dumpster.
(C) Approved enclosure. All enclosures shall consist of masonry, concrete or
wood walls; Enclosures shall have a gate for collection equipment access,
and may also have a gate for pedestrian access. All walls and gates shall
be totally opaque and shall be green or such other color that complies with
Ordinance 98-47. Enclosures shall be constructed of one (1) of the
following materials:
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(1) Masonry walls. All exterior faces of the wall shall be finished and
of professional quality such as stucco, pre-finished blocks, stacked
block and struck joints, shadow blocks, painted or similarly
installed in a workmanlike manner and meeting with the approval
of the Director of Building, Planning and Zoning or his/her
designee.
(2) Concrete walls. Pre-cast concrete walls of quality deemed
acceptable to the Director of Building, Planning and Zoning or
his/her designee.
(3) Wood fencing. Substantial wood fences of durable species,
incorporating architectural design features to enhance appearance,
of quality and design acceptable to the Director of Building,
Planning and Zoning or his/her designee. In making this
determination, consideration shall be given to: (a) the thickness of
the wood which must be a minimum of one and one-half inches (1
1/2"), (b) whether the wood is pressure treated or has a fInish that
protects the wood from the elements, and (c) minimum six inches
by six inches (6" X 6") corner post and four inches by four inches
(4" X 4") intermediate posts of pressure treated materials.
(D) Maintenance. Approved enclosures shall be maintained in good condition,
repair and appearance at all times so as to allow for collection of materials
and to eliminate odors.
(E) Gates. Dumpster enclosure Gates may be constructed of wood mounted on
a substantial steel frame, chain link fence with opaque inserts, steel,
aluminum or other opaque materials which are installed in compliance with
the Building Code. Servicing gates, upon opening, may not swing into the
right-of-way and shall incorporate gate stops that are functional in the full
open and closed positions. Hinge assemblies shall be strong and durable
such that access and servicing gates do not sag and function properly. All
gates for pedestrian access shall be no more than forty-eight inches (48")
in width and no less than thirty-six inches (36") in width. Enclosure gates
shall be closed at all times except for the time necessary to service the bulk
container. Maze style openings shall be permitted in place of a pedestrian
access gate. A maze style opening is an opaque wall or fence that can be
located no more than forty-eight inches (48") and no less than thirty-six
inches (36") from the enclosure opening and must be a minimum length of
one and one half (1 1/2) times in length of the opening and shall be centered
upon the opening. Enclosure openings shall be no more than forty-eight
inches (48") in width and no less than thirty-six inches (36") in width.
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(F) Setback. 1) All dumpster enclosure walls and/or fences shall be located
a minimum of five feet (5') from adjoining commercial areas and ten feet
(10') from adjoining residential uses unless not physically possible; and 2)
a minimum of five feet (5') from public and private rights of way unless not
physically possible.
(G) Garbage containers. All receptacles and bulk containers which receive
garbage, liquid waster or food from food handling operations including, but
not limited to, bakeries, meat processing plants, restaurants, or any
business establishment where it is determined that garbage, liquid waste or
food will be accumulated, shall have a poured to grade level concrete slab.
If available, dumpster site shall have facilities for washing containers and
ability to drain to an acceptable sanitary disposal system. If the
aforementioned facilities are available, or can be reasonably installed, then
the dumpster shall have washout plugs. For purposes of this ordinance,
storm drains shall not be considered as an acceptable sanitary disposal
system.
If no suitable drain, grease trap or sanitary disposal system is available, the
dumpster containers shall be sealed so that no liquid gets on the pad or
ground. Dumpster collection shall be frequent enough so as to keep odors
to a minimum. Odors shall also be kept at a minimum through artificial
means such as masking agents or whatever products are available to handle
odors. Containers shall be constructed in accordance with the provisions
of the South Florida Building Code and must be approved by and meet the
Florida Department of Health requirements.
(H) All dumpsters and trash receptacles must comply with this ordinance except
for the following:
1. Dumpsters/receptacles located in properly screened service
yards. (Those screened from public ways with a minimum
six feet (6') high fence and/or suitable dense landscaping, as
approved by Code Enforcement Administrator). The
dumpsters/receptacles must not be visible from the public's
VIew.
2. Dumpsters/receptacles located at permitted construction
sites.
3. Dumpsters/receptacles properly screened with suitable dense
landscaping or not visible from the public right-of-way,
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residential areas or the public's view.
(I)
Residential trash, trash and garbage receptacles may not be placed for
curbside pickup more than 24 hours before pickup and all receptacles must
be removed from the curbside within 24 hours after pickup.
Section 3.
All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4.
If any clause, section or other part of this ordinance shall be held by any
court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
invalid part shall be considered as eliminated and shall in no way affect the validity of the
remaining portions of this ordinance.
Section 5.
This ordinance shall become effective as provided by law. Although
enforcement will commence upon the effective date for all new sites, issuance of citations
for existing sites shall be deferred for six months from the date of adoption in order for the
City to have an opportunity to disseminate information to the general public regarding the
requirements of this ordinance and further to enable construction of enclosures/structures
required herein.
PASSED AND ADOPTED on fIrst reading this 15th day April, 1999.
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PASSED AND ADOPTED on second reading this ~day of May, 1999.
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~ Richard'Brown-Morilla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
M. Dannheisser
Attorney
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Vote: 1.\ -0- \
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
L(Yes)
~(Yes)
V (Yes)
(Yes)
2(Yes)
_(No)
_(No)
_(No)
_(No) I\fe.i\....j../
_(No)
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