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O-55-137 \ ~ -- ORDINANCE NO. ~ /37 AN ORDINANCE ESTABLISHING A MUNICIPAL SERVICE FOR THE COLLECTION AND DISPOSAL OF ALL GARBAGE; PRESCRIBING REGULATIONS FOR THE STORAGE AND COLLECTION OF GARBAGE; PROVIDING FOR THE MAIN- TENANCE OF SANITARY CONDITIONS ON PUBLIC AND PRIVATE PREMISES IN THE CITY; PROVIDING OTHER MATTERS RELATING THERETO; AND, PRESCRIBING PENALTIES FOR VIOLATION OF ITS PROVISIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLERMONT, FLORIDA; SECTION 1. DEFINITIONS. For the purposes of this Ordinance the following terms, phrases, words and their deriva- tions shall have the meaning given herein. When not inconsistent with the context, words used in the present tense shall include the future, words in the plural number shall include the singu- lar number, and words in the singular number shall include the plural number. The word "shall" is always mandatory and not merely directory. ' (a) "CITY" is the City of Clermont, Florida. (b) "GARBAGE" is any refuse, accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, or vegetables. Within this definition shall be embraced, cans, bottles, papers, magazines and boxes. SECTION 2. COLLECTION AND SUPERVISION OF GARBAGE. All garbage accumulated in the City shall be collected , conveyed and disposed of by the City. No person shall collect, convey over any of the streets or alleys of the City, or dispose of, any garbage accumulated in the City, except, (a) Exception For Actual Producers. This Ordinance shall not prohibit the actual producers of refuse, or the owners of premises upon which garbage has accumulated, from personally ',-- collecting, conveying and disposing of such garbage, provided such producers or owners comply with the provisions of this Ordinance and with any other governing Law or Of6inances. (b) Exception For Outside Collectors. This Ordinance shall not prohibit collectors of garbage from outside of the City from hauling such garbage over City streets, provided such coll- ectors comply with the provisions of this Ordinance and with any other governing law or Ordinances of the City. .'..-=,' ,,,, (c) Supervision. All garbage accumulated in the City shall be collected, conveyed and disposed of by the City under the supervision of the City Councilor in its discretion, the City Superintendent. The City Councilor the City Superintendent, as the case may be, shall have the authority to make regulations concerning the days of collection, type and location of garbage containers and such other matters pertaining to the collection, conveyance and disposal as the City Councilor the City Superin- tendent shall find necessary, and to change and modify the same after due notice, provided that such regulations are not contrary to the provisions hereof. SECTION 3. PRECOLLECTION PRACTICES AND CONTAINERS. No person shall place any garbage in any street, ailey or other public -- ~ ~ place, or upon any private property whether owned by such person or not, within the City, except it be in proper contain- ers for collection or under express approval granted by the City Councilor the City Superintendent. Nor shall any person throw or deposit any garbage in any stream or other body of water in the City. Any unauthorized accumulation of garbage on any premises is hereby declared to be a nuisance and is prohibited. Burial of garbage on any premises in the City is hereby prohibited. Failure to remove any existing accumulation of garbage within thirty days after the effective date of this Ordinance shall be deemed a violation of this Ordinance. No person shall cast, place, sweep or deposit anywhere within the City any garbage in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or in any occupied premises within the City. Within thirty days from the passage of this Ordinance all persons shall: (a) Put and store all garbage in metal containers of a capacity no larger than thirty gallons and equipped with suitable handles and tight fitting covers. (b) Papers, magazines and/or ~oxes may be stacked along side of the garbage containers if securely tied together. (c) All garbage, papers, magazines and/or boxes shall be placed at the curb on the regular garbage collection day for the collection by the City of Clermont and if not so placed there in time for collection on that day or if for any other reason the garbage, papers, magazines and/or boxes are not collected by the City of Clermont on the regular garbage collec- tion day same may remain at the curb until noon of the following day at which time the person so placing them there for collection shall remove them to the rear of the premises from which they were first carried to the curb for collection. In no case shall garbage, papers, magazines and/or boxes be placed at the curb ~ for collection for a period of more than thirty~six hours. If for any reason garbage, from said containers, papers, magazines and/or boxes are scattered along the curb or the street the per- son so placing them there shall restore the garbage to the con- tainer and shall retie the papers, magazines or boxes as provided herein and any person failing so to do the City shall not pick up the garbage, papers, magazines and/or boxes and such person shall be guilty of violating the provisions of this Ordinance and endang- ering the health of the residents of the City the same as if said garbage had originally been put in containers other than those provided and required under the terms of this Ordinance and the papers, magazines and/or boxes had been placed there not securely tied as provided and required under the terms and provisions of this Ordinance, and such person shall be penalized as provided hereinafter. (d) Garbage containers shall be provided by the owner, tenant, lessee, or occupant of the premises, and garbage containers shall be maintained in good condition at all times. Any container that does not conform to the provisions of this Ordinance or that may have ragged or sharp edges, or any other defects liable to hamper or injure the person collecting the contents thereof shall be promptly replaced upon notice. The City Council and/or the CliY. Superintendent shall have authority to refuse collection services for failure to comply with any provisions of this Ordin- ance. The City Council and/or the City Superintendent shall have the right to provide for the collection of garbage, papers, maga- zines and/or boxes from hotels, restaurants, and such other busi- nesses and institutions within the City as he may deem necessary .. in order to protect the public health, and the person occupy- ing the premises shall place the garbage, papers and/or maga- zines for collection at the point designated on the days so designated by the City Council and/or the City Superintendent, as the case may be. SECTION 4. VIOLATIONS AND PENALTIES. Any person violating the provisions of this Ordinance shall be guilty of endangering the public health of those within the City of Clermont and shall be first given an opportunity of purchasing the required garbage containers and complying with all provisions of this Ordinance. Thereafter, any violations of any part of this Ordinance, said person shall, if found 9uilty, be punished by a fine of not less than One Dollar ($1.00) nor more than One Hundred Dollars ($lOO.OO), plus all costs of Court, or by im- prisonment of not less than one (l) day nor more than ten (lO) days, or by both such fine and imprisonment in the discretion of the Judge of the Municipal Court. Provided further that each day said violation is continued shall be a separate offense hereunder. SECTION 5. SEVERABLE PROVISIONS. Each of the provisions of tfuis Ordinance are severable, and if any provision herein shall be declared to be invalid the remaining provisions shall not be affected but shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. effect immediately upon its passage Ordinances, or parts of Ordinances ance are hereby repealed. This Ordinance shall take and approval; and, all in conflict with this Ordin- . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. PASSED by the City Council of the City of Clermont at a regular meeting held on March I, 1955~, . b/e6~{.'lku President of the City Council ATTEST: ; -,;P ~fIu h t/! ' 'Y¡l(1 ~'f1¿l r'tßf1/) I . I ' .. .... \ .. .. .. .. .. .. .. .. .. .. .. .. .. " . . . RECEIVED and approved by me this March l, 1955. /5/ 'm. . Boyd Mayor . .J"- .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..