City of South Pasadena, FL
Pinellas County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Commission of the City of South Pasadena: Art. I, 12-18-1984 by Ord. No. 84-23 as Ch. 12, Art. I, of the 1984 Code; Art. II, 8-15-1989 as Ord. No. 89-18 (Ch. 12, Art. V, of the 1984 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 81.
Littering — See Ch. 133.
Fire prevention — See Ch. 106.
Housing standards — See Ch. 115.
Littering — See Ch. 133.
Sanitary code — See Ch. 166.
Sewers — See Ch. 169.
Abandoned vehicles — See Ch. 187.
Garbage collection franchise — See Ch. A199.
[Adopted 12-18-1984 by Ord. No. 84-23 as Ch. 12, Art. I, of the 1984 Code]

§ 172-1 Garbage cans required; responsibility of owner or tenant.

All owners and residents and all occupants of any single-family dwelling, and the owner, user, manager or occupants of any multiple dwelling or of any place of business or commercial establishment within the city, are hereby required to provide garbage cans of sufficient capacity to hold at least four days' accumulation of garbage. Moreover, it shall be the duty of the owner, manager, tenant or occupant of any multiple dwelling to furnish or see that each cooking unit of each such multiple dwelling is furnished or supplied with garbage cans adequate and sufficient in size to comply with the terms of this Article. Garbage cans of all units, whether residential, multiple or commercial, shall be placed in one location on the premises for collection purposes.

§ 172-2 Cans to be kept covered.

A. 
Garbage cans shall be kept tightly covered at all times, except when it is necessary to lift the cover for disposal or removal of garbage therefrom, or to deposit garbage therein.
B. 
It shall be unlawful for any person to deposit garbage in such amounts in the can that will not permit the cover to be kept tightly in place.

§ 172-3 Location of cans; sanitary condition required.

A. 
Garbage cans are required to be kept in places easily accessible to the employees of the city and to the employees of the garbage collector, but not in such places or under such conditions as to cause an unnecessary or unreasonable offense to sightliness, cleanliness, safety or other sanitary conditions. They shall not be kept upon neighboring property not in ownership or tenancy of the person by whom the garbage was accumulated, whether such neighboring property is vacant or improved, without the written consent of the person having the right to possession and use of the property.
B. 
Garbage cans shall be placed on the alley of all improved land served by an alley, or such other places as shall be designated by the city if alley pickup is nonexisting or impractical.
C. 
Garbage cans and plastic garbage bags shall not be placed at the curb prior to 2:00 p.m. the afternoon before a scheduled collection and shall be taken in on the day of collection.
[Added 6-22-1993 by Ord. No. 93-12]

§ 172-4 Inspection of cans; condemnation and notice.

A. 
All garbage cans shall be subject to an inspection and approval or condemnation by the city at all times. Upon condemnation by the city of any garbage can, a notice of such condemnation shall be placed upon the condemned can or handed to the owner or occupant or left at his regular place of abode, and he shall comply therewith.
B. 
It shall be unlawful for any person to place in such condemned can, any garbage or other material, and the owner or occupant of the premises shall, forthwith, provide a new can to take place of the can condemned.

§ 172-5 Treatment of garbage before disposal.

A. 
All garbage, tin cans, bottles and other disposable containers shall first be drained of liquids and shall be deposited in garbage cans.
B. 
Wet garbage matter shall be drained and wrapped in paper before being placed in a garbage can; provided, however, that hotels, restaurants or other eating establishments, upon an exemption granted by the city, shall not be required to wrap wet garbage. However, all such excepted persons shall clean and rinse and maintain in a reasonable sanitary and nonodorous condition, each garbage can immediately following each collection of garbage, and shall at all times maintain the can free from stench or other nuisance. It shall be done in such way as not to commit a public or private nuisance otherwise.

§ 172-6 Accumulation of garbage; insufficient number of cans.

A. 
It shall be unlawful and a violation of this Article for the owner or occupant or manager or person responsible for any land or premises to permit, suffer or allow, either by commission or omission, any accumulation of garbage or other waste material upon premises or property within the city for a period longer than four days without having arranged for disposal of the accumulation by some person qualified under this Article to perform such services, or by the duly authorized garbage collector of the city.
B. 
It shall be unlawful and a violation of this Article for any person, whether owner, manager or occupant of any premises, to fail to provide a sufficient number of containers per unit as provided herein, to amply provide for any four-day period of garbage or other noxious wastes.

§ 172-7 Restrictions on burial of refuse.

It shall be unlawful for any person to bury garbage or other material which is, or is reasonably likely to become, a nuisance, menace or threat to health within the city, except in such areas or confines of the city as may from time to time be set aside and designated for the burial or disposal of garbage by proper resolution.

§ 172-8 License required for transport of garbage; exception.

Unless a person shall have been specifically authorized and licensed by resolution of the Commission to do so, it shall be unlawful for any person to transport garbage through or over the public streets or alleys of the city, except for the purpose of having the same picked up by persons authorized by the city to pick up and dispose of the same. This provision shall be liberally construed to protect the public health, safety and general welfare.

§ 172-9 Unlawful deposit of garbage; exception.

It shall be unlawful to deposit garbage upon the premises of another or upon any street, alley, parkway or other public property, or on any waterway, gulf, bay, rockbed, sandbed, pool, pond or the like, within the city, or in the can or receptacle of another; except that tenants of multiple dwellings or businesses, where authorized, may deposit garbage in cans which shall be authorized for the use of the tenant by the owner or manager thereof.

§ 172-10 Incineration devices.

No garbage, refuse or trash incinerators, furnaces or other similar incinerator device shall be built or erected within any building or upon real property within the city after January 8, 1970.

§ 172-11 Screening of dumpsters.

[Added 9-10-1991 by Ord. No. 91-06; amended 2-22-1994 by Ord. No. 94-05]
For purposes of this section, "dumpsters" are defined as any trash container which has a capacity of 1.5 cubic yards or more. All property owners, managers and users having a dumpster located within the city shall comply with the following:
A. 
Dumpsters shall be screened from public view using a privacy fence or hedge. "Public view" is defined as being visible by a person standing at grade on any portion of a public street. The screening shall be required to have only as many sides as are necessary to screen the dumpster from the public view. When screening is required, the screen shall be positioned in a manner which maintains a clearance of two feet between the screening and the dumpster and shall be high enough to completely screen the dumpster from public view. In cases where the access to the dumpster is in public view, it shall be screened using gates. The gates shall be constructed and maintained in a manner which allows for easy operation, and gates shall have mechanisms which allow the gates to be secured in both the open and closed positions.
[Amended 12-8-1998 by Ord. No. 98-14]
B. 
All dumpsters shall be located on a hard paved surface. Said surface shall be free of garbage, trash, weeds, debris, tree limbs and other refuse.
C. 
Dumpsters shall be easily accessible for garbage collection, and the location shall be subject to approval by the Department of Community Improvement.
D. 
Dumpsters and gates to dumpster enclosures shall be kept closed at all times except when it is necessary to open for the deposit or removal of garbage.
E. 
City-placed recycling bins are exempt from the provisions of this section.

§ 172-12 Penalties for offenses.

[Amended 4-27-1993 by Ord. No. 93-08]
Any person, firm, corporation or agent who or which violates any of the provisions of this Article or who fails to comply therewith shall be punished as set forth in Chapter 1, General Provisions, Article II, of this Code.
[Adopted 8-15-1989 by Ord. No. 89-18 (Ch. 12, Art. V, of the 1984 Code)]

§ 172-13 Authority of city to place recycling bins.

[Added 8-15-1989 by Ord. No. 89-23]
The city shall have the authority to place recycling bins in reasonable, safe locations throughout the city.

§ 172-14 Definitions.

As used in this article, the following terms shall have the meanings indicated, unless the context requires otherwise:
AUTHORIZED RECYCLING AGENT
A person that the county authorizes and/or contracts with to collect recyclable material.
CITY
The City of South Pasadena, Florida.
CITY RECYCLING PROGRAM
The recyclable materials recycling program of the city consisting of the reclaimed metals program, the recycled aggregate program, the government office paper recycling program and any city collection center program and city curbside collection program hereafter established by the county in the unincorporated area of the county.
A. 
In the case of a collection center program, a place to which a person may bring designated recyclable material.
B. 
In the case of a curbside collection program, a designated place at curbside, at which the generator of designated recyclable material may deposit such material.
COLLECTION CENTER PROGRAM
That part of the city recycling plan which utilizes collection centers to which a person may bring designated recyclable material.
DEPARTMENT
The Department of Public Works, South Pasadena, Florida.
DESIGNATED RECYCLABLE MATERIAL
Recyclable material, such as newspaper, glass or plastics, which has been designated by the Department as appropriate for collection in a collection center program or curbside collection program.
GOVERNMENT OFFICE PAPER RECYCLING PROGRAM
That part of the city recycling program whereby paper in city government offices which is capable of being recycled and which would otherwise be processed or disposed of as solid waste is removed from the solid waste stream for sale, use or reuse, by separation, collection or processing.
PERSON
Any individual, firm, partnership, corporation, joint venture, municipality or other public or private entity.
RECYCLABLE MATERIAL
Those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste.

§ 172-15 Unauthorized collection of recyclable materials; penalties for offenses; exceptions.

A. 
It shall be unlawful for any person, other than an authorized recycling agent, to remove recyclable material from a collection center used in either a collection center program or a curbside collection program.
B. 
Any person who violates Subsection A of this section shall be subject to prosecution and shall be punished as set forth in Chapter 1, General Provisions, Article II, of this Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
C. 
Nothing in this section shall be construed to prohibit or limit the right of any individual person to donate, sell or otherwise dispose of his or her recyclable material.