§ 27-73. Prohibited acts.

It shall be unlawful for any person to do any of the following:

(1)

To place or cause to be placed any garbage or trash upon the property of another;

(2)

To collect or transport solid waste for hire or for remuneration or any other form of consideration without first being granted a commercial franchise except as follows:

(a)

Commercial generators transporting their own solid waste; and

(b)

Persons transporting their own solid waste generated by their own dwelling unit or establishment to an appropriate disposal site;

(3)

To collect or transport construction and demolition debris for hire or for remuneration or any other form of consideration without first being granted a construction and demolition debris franchise except as follows:

(a)

Commercial generators transporting their own debris;

(b)

Persons secondarily providing removal of debris created as a result of other primary services performed by those persons as described in subsection (11) below. Subcontractors who provide primarily collection or transport services shall not qualify for this exemption.

(4)

To collect, process, convey or transport recovered materials in the city without having registered with the city, except as follows:

(a)

Persons whose primary business is freight transport that may involve the intermittent transport of recovered materials:

(b)

Commercial generators transporting their own recovered materials; and

(c)

Persons transporting their own recovered materials generated by their own dwelling unit or establishment to an appropriate recycling site:

(5)

To collect recovered materials from a solid waste container used by a consumer or commercial customer receiving service from a franchisee, franchise or registrant, after the consumer or commercial customer places the container and recovered materials at the curb or designated area for collection, except as permitted by the city on an emergency interim basis as part of the city's recycling program when the city manager or designee determines that it is necessary to protect public health, safety or welfare:

(6)

To allow solid waste or recovered materials to spill, blow or drop from any vehicle on any road or to transport any solid waste or recovered material over any public road unless the solid waste or recovered material is securely tied or covered so as to prevent leakage or spillage onto the road;

(7)

To place or store solid waste on any property for a period in excess of one week, unless it is securely contained or covered.

(8)

To deposit or dispose of any garbage or trash on the paved or traveled portion of any public street, or any alleyway, sidewalk, bike path, stream, ditch, river, pond, bay, creek, park, other right-of-way or public place in the city except at areas as may be designated by the city.

(9)

To deposit, dump or dispose of any garbage or trash at, upon or in any incinerator or landfill within the city without first obtaining the permission of the custodian thereof;

(10)

To burn any garbage or trash within the city, except at designated incinerators or landfills, without first obtaining a permit from the city;

(11)

To produce or accumulate any construction and demolition debris, tree branches or similar debris while acting in the capacity of a contractor (such as a tree surgeon, landscaper or building contractor), without removal of the same to a designated disposal area;

(12)

To allow any scattered garbage or trash to remain at or near the curbside, or to fail to remove any windblown or animal scattered garbage or trash from a public area and right-of-way which have blown or otherwise scattered from the person's dwelling unit curbside collection point;

(13)

To place any solid waste or recyclable materials out for collection by any alley service drive, easement or right-of-way not serviced by collection trucks;

(14)

To place any solid waste or recyclable materials out for collection adjacent to the street if collection trucks service the area from an established alley;

(15)

To place any solid waste or recyclable materials in an underground container for pickup;

(16)

To do any act prohibited or to fail to do any act required by the solid waste regulations of the city.

(17)

To deposit any hazardous waste as defined in F.S. § 403.703, in any cart or commercial service container;

(18)

To place or cause to be placed any garbage, trash, recyclable materials or other solid waste in the cart or commercial service container belonging to another without proper authority;

(19)

To remove any materials, without proper authority, from any container belonging to another which contains materials set out for recycling;

(20)

To mix yard trash with normal solid waste loads, whether for residential or commercial service.

(Code 1960, § 28-24; Ord. No. 3393, § 1, 1-25-88; Ord. No. 3776, § 1, 5-18-92; Ord. No. 951263, § 1, 8-12-96)