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Home My WebLink AboutO-2018-016 Creating Article VIII Textile Recycling of Ch. 13 Second Reading ORDINANCE NO. 2018-016 SECOND READING AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 13, ENTITLED "HEALTH AND SANITATION" OF THE CITY CODE OF ORDINANCES, BY CREATING ARTICLE VIII TO BE ENTITLED, "TEXTILE RECYCLING" AND SECTION 13-135, TO BE ENTITLED "TEXTILE RECYCLING, TEXTILE RECYCLING COLLECTION BINS"; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida Statutes, provide municipalities the authority to exercise any power for municipal purposes, except where prohibited by law, and to adopt ordinances in furtherance of such authority; and WHEREAS, the City Commission of the City of Dania Beach ("City Commission") finds it periodically necessary to amend its Code of Ordinances (the "City Code") in order to update regulations and procedures to implement municipal goals and objectives; and WHEREAS, unlike other recyclables, such as bottles, cans and paper, textiles are not typically collected through regularly scheduled household pick-ups but instead have been collected through donations to thrift stores (both for-profit and non-profit) or to charitable organizations, often by way of unsupervised textile recycling collection bins placed throughout a community; and WHEREAS, if not properly regulated, textile recycling operations and textile recycling collection bins can conflict with parking, traffic circulation, landscaping and tree preservation, and can lead to nuisance situations such as litter, abandoned property and graffiti; and WHEREAS, when properly regulated, textile recycling collection bins can provide a cost-effective and convenient method of textile recycling, which reduces waste; and WHEREAS, the City Commission finds it necessary to set forth conditions under which textile recycling collection bins may be placed on public and private property and to provide minimum standards as to how they are operated and maintained; and WHEREAS, City staff recommends approval of the proposed ordinance; and WHEREAS, two (2) public hearings were held before the City Commission in accordance with Florida Statutes; and WHEREAS, the City Commission finds that adoption of this Ordinance through its police powers will protect the public health, safety, and welfare of the residents of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That Chapter 13, entitled "Health and Sanitation" of the City Code of Ordinances is amended by establishing Article VIII to be entitled "Textile Recycling" to read as follows: Chapter 13—HEALTH AND SANITATION ARTICLE VIII. — TEXTILE RECYLCING Sec. 13-135 - Textile Recycling; Textile Recycling Collection Bins. (a) Purpose and Intent. Unlike other recyclables, such as bottles, cans and paper, textiles have not typically been collected through regularly scheduled household recyclable pick- ups, but instead have been collected through donations to thrift stores (both for-profit and not-for-profit) or to charitable organizations, often by way of unsupervised textile recycling collection bins placed throughout a community. If not properly regulated, textile recycling operations and textile recycling collection bins can conflict with parking, traffic circulation, tree and landscaping preservation, and can lead to nuisance situations such as deposits of trash, abandoned property and graffiti. When properly regulated, textile recycling collection bins can provide a cost-effective and convenient method of textile recycling, which reducing waste. The purpose of this Article is to set forth the conditions under which textile recycling collection bins may be placed on public and private property and to provide minimum standards for their operation and maintenance, as necessary to protect the public health, safety and welfare. 2 ORDINANCE#2018-016 SECOND READING (b) Definitions. For purposes of this Article: (1) "textile" means items such as but not limited to shoes, clothes, linens and draperies. (2) "textile recycling collection bin"means a self-service container designed to allow members of the general public to deposit used textile items into them. (3) "textile recycling collection" means the gathering and transportation of deposited textiles for the purpose of resale or re-use for other purposes. (c) In general. (1) Authorized textile recycling collection bins. No person shall place or maintain a textile recycling collection bin within the City except in compliance with this Article or as authorized pursuant to a franchise agreement with the City. (2) Collection from stationary vehicles. Collection of textiles for recycling after deposit of such items into a stationary vehicle, truck, wagon, trailer or similar vehicle is prohibited within the City. This provision is not intended to prohibit textile recycling collections from homes, businesses or institutions, whether through regularly scheduled pick-ups or through pick-ups based upon a special request of a donor. (d) Placement, operation and maintenance of textile recycling collection bins. Unless otherwise provided by the City through a franchise agreement or by City Commission permission granted by a resolution, bins shall be governed as follows: (1) Bins shall be placed only on: (i) City-owned property, excluding public rights-of-way, on parcels approved by the City pursuant to a franchise agreement or by a resolution adopted by the City Commission; or 3 ORDINANCE#2018-016 SECOND READING (ii) Developed parcels, zoned, approved and used for commercial retail, industrial, institutional or education uses, with the written permission of the property owner. (2) Bins shall be placed on a site in a manner which does not impair traffic, pedestrian or emergency service vehicle movement or reduce required parking within the site and which does not negatively affect any protected trees, landscaping or utility service. The placement of bins shall not require site plan approval unless such placement would be inconsistent with site plan conditions otherwise imposed by the City. (3) Bins shall not exceed seven(7) feet in any dimension. (4) Bins shall be placed no less than five hundred (500) feet from any other bin unless located at least two hundred (200) feet from any public street right-of-way and shall not be visible from any property used for a residential purpose. In no case shall more than four(4) bins be placed on a single parcel. (5) Bins shall not be located within twenty-five (25) feet of any public street or right- of-way. (6) Bins shall be constructed of steel with a rust-resistant coating and weigh at least five hundred(500)pounds when empty. (7) Each bin shall provide the name, address and telephone number of the franchisee or permittee in weather-resistant lettering no smaller than one (1) inch high and provide other information as determined by the City. Bins shall contain no advertising other than that which is directly related to the franchised textile recycling collection organization or business, or the business and approval in advance by the City. (8) Bins shall be painted a uniform, City approved color, maintained in good appearance, and must be emptied at least once every fourteen (14) days. 4 ORDINANCE#2018-016 SECOND READING (9) The franchisee or permittee shall be responsible at all times for ensuring that the area within twenty (20) feet of any bin shall be kept free of trash, debris and discarded items of any kind. Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this Ordinance are repealed to the extent of such conflict. Section 5. That this Ordinance shall take effect immediately upon City Commission adoption. PASSED on first reading on July 24, 2018. PASSED AND ADOPTED on second reading on August 28, 2018. ATTEST: A B THOMAS SCHNEIDER, CMC TA ARA JA CITY CLERK e0 M MAYOR �9e�iSHEO'yaP APPROVED AS TO FORM AND CORREC SS: TH AS N R CITY AT 5 ORDINANCE#2018-016 SECOND READING