Agenda 09/25/2018 Item #5B09/25/2018
EXECUTIVE SUMMARY
Presentation to provide an update on the countywide “BearWise” initiative to bring bear-resistant
trash roll carts to Collier County residents as directed and provide an overview of a draft
ordinance for the use of bear-resistant solid waste containers.
OBJECTIVE: To provide an update on the “BearWise” Pilot Study initiatives and include a summary of
a draft ordinance for the use of bear-resistant solid waste containers.
CONSIDERATIONS: On June 12, 2018, Agenda Item 5B, the Board of County Commissioners
(Board) heard a presentation from the Florida Fish and Wildlife Conservation Commission (FWC) about
“BearWise” practices for mitigating human -bear conflicts. The FWC explained that the black bear
population has been recovering from population declines, causing the number of human-bear interactions
to increase in the area. While the FWC mentioned that there were several solutions aimed at mitigating
the number of interactions, they demonstrated the use of bear-resistant solid waste containers as an
effective tool, since the bears are attracted to unsecured garbage cans as an easy food source.
So far there are four counties and one city in the State that have passed an ordinance requiring bear -
resistant containers or securing garbage in some fashion.
After the presentation on June 12th, the Board directed staff to prepare a draft ordinance for its review at
the second meeting in September 2018, to be considered along with any financial alternatives, operational
impacts and educational programs associated with adopting “BearWise” practices.
The draft Ordinance provides for residential property owners to voluntarily purchase a bear-resistant
container. Commercial customers and special outdoor events that produce food waste and ar e located in
areas of the County that have reoccurring bear related conflicts will be required to obtain a commercial
bear-resistant solid waste container. The determination of which areas are experiencing “bear related
conflicts” will be determined on a complaint basis and in conjunction with FWC confirmation of bear
activity. This will in turn prompt that area to be defined and require commercial and special events in that
area to utilize the bear-resistant containers. The bear-resistant container requirement for special outdoor
events would be required as a condition upon application for a temporary event permit. Residential and
commercial customers would be responsible for all costs associated with the containers.
The prerequisites prior to approval and implementation of the “BearWise” regulatory program are as
follows:
1. Technology must be ready for automatic collection with no missed pickups;
2. Solid Waste collections contracts with two different vendors may need to be negotiated and
amended, followed by revised Rate Resolution with advertisements including fee increases if
needed, at the direction of the Board prior to implementation;
3. If directed by the Board, further assessments may need to be completed to determine if the
program should be implemented countywide, which would include replacing over 127,000
residential carts (not including multi-family and commercial) at a cost to the customers, or just in
targeted areas on a demand basis.
The Ordinance, if approved as is or as revised, will need to be advertised and brought back at a future
meeting for formal adoption.
5.B
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09/25/2018
FISCAL IMPACT: There is no fiscal impact associated with this item.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board approval. - ERP
RECOMMENDATION: To review and provide guidance regarding the “BearWise” initiatives and the
draft ordinance.
Prepared by: Dilia Camacho, Interim Solid and Hazardous Waste Management Director, Public Utilities
Department
ATTACHMENT(S)
1. Neighboring County/City Ordinances (PDF)
2. Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation (PDF)
3. BearWise Draft Ordinance- Final (PDF)
5.B
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09/25/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 5.B
Doc ID: 6705
Item Summary: Presentation to provide an update on the countywide “BearWise” initiative to
bring bear-resistant trash roll carts to Collier County residents as directed and provide an overview of a
draft ordinance for the use of bear-resistant solid waste containers.
Meeting Date: 09/25/2018
Prepared by:
Title: Manager - Waste Reduction & Recycling – Solid and Hazardous Waste
Name: Dilia Camacho
09/13/2018 5:47 PM
Submitted by:
Title: Manager - Waste Reduction & Recycling – Solid and Hazardous Waste
Name: Dilia Camacho
09/13/2018 5:47 PM
Approved By:
Review:
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 09/14/2018 7:42 AM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 09/14/2018 7:50 AM
Solid and Hazardous Waste Taylor Sawatzky Additional Reviewer Completed 09/14/2018 2:24 PM
Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 09/14/2018 2:25 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 09/14/2018 4:38 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/14/2018 4:50 PM
County Attorney's Office Emily Pepin CAO Preview Completed 09/17/2018 10:27 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/17/2018 1:25 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 09/17/2018 2:31 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/17/2018 3:05 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/25/2018 9:00 AM
5.B
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ORDINAI\ICE 2016 _25
AI\ ORDINANCE OT TIIE BOARD OF COUNTY COMMISSIONERS OF LAKE
COUNTY, FLORIDA; AMEIIDING SECTION 23-21, LAKE COUNTY CODE,
ENTITLED ADDITIONAL GARBAGE CART RULES; REQUIRING THAT
GARBAGE CARTS BE SECTIRED FROM BEAR INTRUSION; ALLOWING
FoR USE OF COUNTY-APPROVED, BEAR-RESISTAI\T CARTS; REQIIIRING
NON.BEAR RESISTANT CARTS TO BE PROPERLY SECT]RED TO PREYENT
BEAR INTRUSION; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTTVf,
DATE.
WHEREAS, pursuant to Article VIII, Section I of the Florida Constitution and Chapter 125,
Florida Statutes, the County is authorized to protect the public health, safety, and welfare of its residents;
and
WIIEREAS, according to the Florida Fish and Wildlife Conservation Commission (FWC), black
bears have recovered from population declines; and
WHEREAS, as a consequence of this recovery, there has been an increase in human-bear
interactions within urban and rural areas; and
WIIEREAS, black bears are athacted to unsecured garbage containers, and the majority of
interactions are associated with unsecured garbage containers;
WHEREAS, FWC lists Lake County as having the second highest reports of bear complaints in
the State of Florida; and
WHEREAS, the Board of County Commissioners finds that it is in the best interests of the
citizens of Lake County to enact these provisions.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Lake
County, Florida, as follows:
5.B.1
Packet Pg. 38 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
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Section 1.
reference.
Recitals. The foregoing recitals are true and correct and incorporated herein by
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Section 2. Amendment. Section 23-21, Lake County Code, entitled Additional Garbage
Cart Rules, shall be amended to read as follows:
6 Sec.23-21. Additional garbage cart rules.
7 Use of Garbage Carts and Set-Out Procedures are as follows:
(a) All Customers in Lake County shall place all of their Garbage and Rubbish in their Garbage
Cart in order to receive Residential Collection Service. Customers shall not put Yard Trash in
their Garbage Cart and are strongly encouraged to refrain from putting Recycling in their
Garbage Cart.
(b) Customers shall place their Garbage Cart at the Curbside, unless an alternative location is
agreed upon by the Customer and the Director, on the Scheduled Collection Day prior to six
o.clock(6:00)a.m.'TheCustomershallpIacetheGarbage
Cart such that the handles and the wheels face away from the road.
(c) All Garbage must be placed inside the Garbage Cart, and no Garbage placed outside the
Garbage Cart will be picked up, except upon approval of the Director. At the Collection
immediately following a Holiday, Customers may place unlimited amounts of Garbage and
Rubbish at the curb, and the Garbage and Rubbish may be placed inside the Garbage Cart or in
any other container or Plastic Bag, as long as the Customer adheres to weight and capacity
limitations stated herein for Garbage Carts and other disposal containers.
(d) A Customer may purchase a second Garbage Cart so long as the Customer pays the
accompanying fee and delivery fee for the second cart, and an annual fee for additional
disposal. If a Customer's home is located a significant distance from the Curbside, the Director
may authorize two (2) thify five (35)-gallon Garbage Carts instead of one (i) sixty four (64) or
ninety six (96)-gallon Garbage Cart, at no additional cost to the Customer.
(e) A Customer shall not place their Garbage and Rubbish in another Person's Garbage Cart or
disposal container, or Set Out Garbage and Rubbish for Collection on property not owned or
occupied by the Customer.
(D A Customer shall only Set Out for Collection the Garbage and Rubbish that is generated at the
Customer's dwelling.
(g) Garbage Carts shall not be loaded with more than one hundred fifty (i50) pounds or the cart's
rated capacity, as shown on the lid of the cart, whichever is less. Other disposal containers shall
not be loaded with more than fifly (50) pounds of material.
(h) Customers are responsible for removing their Garbage Carts from the right-of-way, replacing
them on their property and properly securing them by ten o'clock (10:00) p.m. on the day of
Collection Service.
(i) Customers shall have the option of using a County-approved, bear-resistant Garbage CarL if
available. Non bear-resistant Garbage Carts containing household garbage shall b.e secured
from bear intrusion until the Cart is permitted to be placed Curbside for Collectign.
Section 3, Severability. Ifany section, sentence, clause or phrase ofthe Ordinance is held
to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this Ordinance.
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5.B.1
Packet Pg. 39 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
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Section 4. Inclusion in the Code. It is the intent of the Board of County Commissioners
that the provisions of this Ordinance shall become and be made a part of the Lake County Code and that
the sections of this Ordinance may be renumbered or re-lettered and the word "ordinance" may be
changed to "section", "artiole" or such other appropriate word or phrase in order to accomplish such
intentions.
Section 5. Filing with the Department of State. The clerk shall be and is hereby directed
forthwith to send a copy of this Ordinance to the Secretary of State for the State of Florida in accordance
with Section 125.66, Florida Statutes.
Section 6. Effective Date. This Ordinance shall not become effective unless the Board of
County Commissioners is awarded a grant fiom flre Florida Fish and Wildlife Conservation Commission
supporting the purchase of bear-resistant garbage containers. The effective date of this ordinance shall be
the date the grant is awarded. Proof of award shall be filed with the Clerk's office.
Enacted 111i3 2-lfrday of n 12-2016
Filed with the Secretary
'---.i-
of State '*.) uqo.- J&,2016.
BOARD OF COIINTY COMMISSTONERS
OF LAIG , FLORIDA
Sean M.Chairman
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rhis J/&aay or, Florida 2016.
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Melanie Marsh
Counfy Attorney
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S:IDOCUMENTU0I6\ORDINANCESUoI6-25_Sec23-2lAfttrdment(BarProofcrtrs)U016-25_Ord.Amend.Sec23-21 BsrR6istantCart{inrl6.2l.l6.docx
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Approved as to form and legality:
5.B.1
Packet Pg. 40 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
ORDINANCE 1947
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT
WALTON BEACH, FLORIDA, AMBNDING CHAPTER 10, PUBLIC WORKS
AND UTILITIES, OF THE CODE OF ORDINANCES TO INCLUDE NEW
REGULATIONS ADDRESSING SOLID WASTE COLLECTION AND
OTHER WILDLIFE MANAGEMENT TECHNIQUES INTENDED TO
REDUCE HUMAN-BEAR CONFLICTS; PROVIDING DEFINITIONS;
CREATING STANDARDS FOR BEAR RESISTANT SOLID WASTE
CONTAINERS; CREATING OTHER MISCELLANEOUS PROVISIONS;
PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WALTON BEACH, FLORIDA AS FOLLOWS:
WHEREAS, City Council finds that Article IV, Section 9, of the Florida Constitution
allows the Florida Fish and Wildlife Conservation Commission (FWC) to regulate the
management, protection, and conservation of wild animals and freshwater and marine aquatic
life in the State of Florida; and
WHEREAS, black bears have recovered from population declines and are a conservation
success story for Florida and FWC; and
WHEREAS, black bears are attracted to unsecured refuse at residences and businesses
found in bear range areas; and
WHEREAS, the majority of human-bear conflicts within urban areas are associated with
unsecured refuse, and some of those conflicts have resulted in injury to humans; and
WHEREAS, there are 71,704 households in Okaloosa County within Bear Call Density
according to population and household data estimated from 2010 census block groups; and
WHEREAS, data shows that between 2010 and 2014, there were 1,458 bear-related
calls, including 30 bear-related calls inside the City limits; and
WHEREAS, Florida Administrative Code 68A-4.001(3) prohibits people from feeding
bears or allowing bears to access human-provided foods when those actions are likely to result in
a public nuisance; and
WHEREAS, the City of Fort Walton Beach finds that the incidents of bears entering
populated areas of the City of Fort Walton Beach to forage for food in refuse containers, and
from other sources, is increasing and has reached a level that poses a threat to the health, safety,
and welfare of the citizens and visitors to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WALTON BEACH, FLORIDA:
Section 1. RECITALS
The Recitals set forth above are incorporated as part of this Ordinance.
Section 2. ENACTMENT AUTHORITY
5.B.1
Packet Pg. 41 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
The authority for enactment of this ordinance is contained in Chapter 166.021,163.3202,
and other provisions of the Florida Statutes and Section 2 of the City Charter.
Section 3. AMENDMENT OF CHAPTER 10, PUBLIC WORKS AND UTILITIES
Section 10.80.01, Definitions, is hereby amended as follows:
Bear-resistant solid waste container:A solid waste container with a reinforced
lid and a lalsbuc or other City-approved method, that orevents access to the
contents by bears.
Bear-resistant retrofit kit: A Ci latchine mechanism that can be
incorporated onto existinq solid waste containers.
Section 10.80.03, Solid Waste Container Services, is hereby amended as follows
I 0.80.037 Bear-Resistant Containers :
(l) Users shall have the option of using a City-approved,bear-resistant solid
waste container. if available. Users shall also have the option of usins a City-approved
bear-resistant retrofit kit to upgrade existing non bear-resistant containers. Bear-resistant
containers shall be secured until the container is permitted to olaced curbside for
collection. Once the container is emptied, users shall secure bear-resistant container until
the next scheduled collection day
(2) Non bear-resistant containers containins household earbaee shall be secured
until the container is
(3) For areas of the City that have bear related conflicts. users may be
required to obtain bear-resistant containers and ensure that they are properly secured at
all times until the container is permitted to be olaced curbside for collection. Properties
with reoccurrine bear related conflicts may be subject to Code Enforcement action.
Section 4. SEVERABILITY
In the event any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect
any other provisions of the Ordinance which may be given effect without the invalid provision or
application and, to this end, the provisions of this Ordinance are declared severable.
Section 5. EFFECTIVE DATE
This Ordinance shall take effect immediately upon approval upon second reading by City
Council and the signature of the Mayor, and shall be filed with the Okaloosa County Clerk of
Court.
Adopted:
Attest:
Kim M. Barnes, City Clerk
Additions are underlined; M.
Mike Anderson, Mayor
Approved for form, legal sufficiency
Hayward Dykes, Jr., City Attorney
5.B.1
Packet Pg. 42 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
To:
From:
Date:
Subject:
City Council of Fort Walton Beach
ENGINEERING & UTILITY SERVICES
MEMORANDUM
Michael D. Beedie, City Manager
Tim Bolduc, Engineering and Utilities Services Director
June 28, 2016
1947 Ordinance for Bear Management
1. BACKGROUND:
1.1. According to the Florida Fish and Wildlife Conservation Commission (FWC), "urban
bears" are becoming more prevalent in many areas of Florida as the edge of occupied
bear ranges moves from rural areas into suburban or even urban locations.
1.2. According to the FWC, eliminating food sources that attract bears is the most important
action that can be taken to resolve and prevent conflicts with bears in Florida.
1.3. According to population and household data estimated from 2010 census block groups;
there are 71,704 households in Okaloosa County within bear nuisance call density
areas.
1.4. Bear-related calls received by the FWC have increased 400% over the last decade.
Further, the majority of statewide calls are related to bears entering neighborhoods to
access garbage and other human-provided foods.
2. DISCUSSION:
2.1. In2014, Okaloosa County attributed for 5o/o of all bear-related calls received by the
FWC.
2.2. Between the years of 2010 and2014, there were 1,458 bear-related calls in and around
the City limits of Fort Walton Beach, 30 of the bear-related calls occurred within the
City limits.
2-3. The City has been proactive in addressing this issue. To date, approximately one dozen
commercial solid waste containers have been retrofitted with a bear-resistant retrofit
kit. Additionally, the FWC has retrofitted a limited number of residential solid waste
containers in the City.
2.4. Bear-resistant containers or retrofit kits will be provided by the City to existing solid
waste customers. Customers shall ensure that solid waste containers are secured until
the designated time that they are placed at curbside for pickup. Customers shall secure
their container after the container has been emptied on designated collection days.
2.5. If areas of the City continue to face reoccurring bear conflicts and customers are not
securing their containers, the properties may be subject to Code Enforcement action.
3. FINANCIAL INFORMATION:
5.B.1
Packet Pg. 43 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
3.1. Staff recommends supplying bear-resistant retrofit kits to existing customers in areas
known for bear activity. Currently, the FWC has money allocated to assist communities
with bear conflicts, and the adoption of an ordinance would qualify the City for grant
funding.
3.1.1. Staff will work with FWC to offset the costs of the bear-resistant retrofit kits.
4. RECOMMENDATION:
4.1. Staff respectfully recommends City Council adoption of Ordinance 1947 to adopt new
regulations addressing solid waste collection and other wildlife management techniques
intended to reduce human-bear conflicts.
ATTACHMENTS:
o 16.05.25 Okaloosa County Coast Human-Bear Interactions (PDF)
o 16.05.25 Project Ideas to Reduce Bear Conflicts (PDF)
o 16.05.25 FWC Bear Conflict Reduction through Waste Management Initiatives (PDF)
o 15.06.24 FWC Resolution (PDF)
SIGNATURE BLOCK:
Tim Bolduc
Finance
City Attorney
City Clerk
City Manager
City Council
Completed
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0612012016 8:02 PM
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5.B.1
Packet Pg. 44 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
ORDINANCE NO.20I5 SEMINOLE COUNTY, FLORIDA
AN ORDINANCE OF SEMINOLE COUNTY RELATING TO
URBAN BEAR MANAGEMENT; AMENDING THE SEMINOLE
COUNTY CODE TO INCLUDE A NEW CHAPTER 258
ADDRESSING REFUSE COLLECTION AND OTHER WILDLIFE
MANAGEMENT TECHNIQUES INTENDED TO REDUCE
HUMAN-BEAR CONFLICTS; PROVIDING DEFINITIONS;
CREATING STANDARDS FOR REFUSE MANAGEMENT
WITHIN IDENTIFIED URBAN BEAR MANAGEMENT AREAS;
CREATING OTHER MISCELLANEOUS PROVISIONS;
PROVIDING FOR ENFORCEMENT AND PENALTIES;
PROVIDING FOR APPLICATION IN UNINCORPORATED AND
INCORPORATED AREAS OF THE COUNTY UNLESS THERE IS
A CONFLICT; ESTABLISHING THE WEST SEMINOLE
COUNTY URBAN BEAR MANAGEMENT AREA; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Article VIII, Section I of the Florida Constitution and Chapter 125, Florida
Statutes, Seminole County is authorized to protect the public health, safety, and welfare of its residents,
and has the power and authority to enact regulations for valid govemment purposes that are not
inconsistent with general or special law; and
WHEREAS, according to the Florida Fish and Wildlife Conservation Commission (FWC), black bears
have recovered from population declines and are a conservation success story for Florida and the FWC;
and
WHEREAS, a consequence of this conservation success is an increase in human-bear conflicts within
urban areas; and
WHEREAS, black bears are attracted to unsecured Refuse at residences and businesses found in bear
range areas; and
WHEREAS, the majority of human-bear conflicts within urban areas are associated with unsecured
Refuse, and some of those conflicts have resulted in injury to humans; and
WHEREAS,in2013 and2014 there were three human-bear conflicts that resulted in serious injuries to
people in the area of Seminole County located west of Interstate 4; and
WHEREAS, the FWC reports that since 2008, it has received reports of over 6,600 human-bear
"conflicts" in the area of Seminole County located west of Interstate 4; and
WHEREAS, FWC officials have described the portion of Seminole County located west of Interstate 4
as the "epicenter of human-bear conflict"; and
WHEREAS, the Seminole County Board of County Commissioners finds that the incidence of bears
entering populated areas of Seminole County to forage for food in Refuse containers, and from other
Seminole County Urban Bear Management Ordinance (2015)
Page I of7
5.B.1
Packet Pg. 45 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
sources, is increasing and has reached a level that poses a threat to the health, safety, and welfare ofthe
citizens and visitors to the County.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF SEMINOLE COUNTY, FLORIDA:
Section 1. Incorporation ofRecitals. The above recitals are incorporated herein by
reference and form an integral part ofthe Ordinance.
Section 2. Short Title. This Ordinance shall be known and referred to as the "Seminole
County Urban Bear Management Ordinance."
Section 3. Intent and Purpose. The intent and purpose of this Ordinance is to minimize
the risk of dangerous interactions between humans and bears in Seminole County by establishing
standards for the storage of materials that attract bears within Urban Bear Management Areas.
Section 4. Creation of Chapter 258, Seminole County Code. Chapter 258, "Urban Bear
Management," is hereby created to read as follows:
PART I. URBAN BEARMANAGEMENT.
Sec. 258.1. Definitions. As used in this Chapter, the following terms shall mean as indicated below.
Attractant: Any substance that attracts bears or could reasonably be expected to attract bears including,
but not limited to: food products, pet food, feed, compost, grain, or Refuse. Growing plants such as
palmetto berries, oak trees with acoms, or berry bushes are excluded from this definition.
Bear Resistant Commercial Refuse Container: A Commercial Refuse Container with a reinforced lid and
a latching mechanism, or other County-approved method, that prevents access to the contents by bears.
Bear Resistant Refuse Container: A Bear Resistant Commercial Refuse Container or Bear Resistant
Residential Refuse Container.
Bear Resistant Residentiol Refuse Container; A fully enclosed Residential Refuse Container, of sturdy
construction, with a reinforced lid. The lid must have a latching mechanism that prevents access to the
contents by bears.
Code Enforcement Officer; Board designated employees or agents of Seminole County whose duty it is to
enforce codes and ordinances in the County or any law enforcement officer as defined in Section
943.10(l), Florida Statutes, or its successor provision.
Commercial Property: All improved property that is used for residential or nonresidential purposes and
that utilize a Commercial Refuse Container for the collection of Refuse, including, but not limited to
commercial, industrial and multi-family developments.
Commercial Refuse Container: Any detachable Refuse Container that is designed or intended for
mechanical pickup, generally referred to as a "dumpster."
Development Approval: Approval of Planned Development (PD) zoning, Planned Development (PD)
Development Order amendments, Planned Development Final Development Plan, Subdivision Plan, Final
Engineering Plan or Plat.
Seminole County Urban Bear Management Ordinance (2015)
Page 2 of 7
5.B.1
Packet Pg. 46 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
Person: Any individual, partnership, firm, organization, corporation, association or any other legal entity,
whether singular or plural, masculine or feminine, as the context may require.
Refuse: Any waste that could reasonably affract bears including, but not be limited to: kitchen organic
waste, food, food packaging, toothpaste, deodorant, cosmetics, spices, seasonings and grease.
Residential Property: All improved property that is used for residential purposes and that utilizes
Residential Refuse Containers for the collection of Refuse.
Residential Refuse Container: Any commonly available light gauge steel, plastic or galvanized receptacle
of a nonabsorbent material, closed at one end and open at the other, fumished with closely fitted top or lid
and handle(s) including waterproof plastic bags of heavy mill construction that can be safely and securely
closed.
Responsible Party: The record owner of any property subject to this Part, a tenant or occupant of any
properly subject to this Part, a hauler providing Refuse collection service to Commercial Properties, or the
operator ofa business located on any property subject to this Part.
Secured Structure: Designated structure in which Refuse is stored in such a manner as to minimize the
attraction ofbears and to serve as a bear resistant barrier during the interim between Refuse discard,
collection and disposal.
Special Event: A use or activity offered to the general public that is not contemplated in the approved site
plan or other development approval, and which is generally consistent with the applicable zoning district.
Special events shall include gatherings or events, or series ofrelated consecutive daily gatherings or
events, including but not limited to: those of an entertainment, cultural, recreational, educational,
commercial, social or sporting in nature, which occur outdoors on a site.
Urban Bear Management Area: An area within Seminole County in which there is a high incidence of
bears foraging for food in Refuse containers and other sources, occurring at a level that poses a threat to
the health, safety, and welfare of the citizens and visitors to Seminole County. Urban Bear Management
Areas will be established by Ordinance upon determination by the Board of County Commissioners that
the aforementioned conditions exist. For the purposes of this Part, the term "Urban" is intended to
distinguish areas ofthe County where development has occurred as opposed to undeveloped natural
lands; as such, "Urban Bear Management Areas" may be established in any area within Seminole County
where human-bear conflicts may occur, including the "Rural Area" as established within the Seminole
County Home Rule Charter.
Sec.258.2. Residential Refuse Disposal within Urban Bear Management Areas.
l. Within Urban Bear Management Areas, all Refuse from Residential Properties must be secured
within a functioning Bear Resistant Residential Refuse Container or secured within a house,
garage, shed, or other Secured Structure at all times, with the exception of the placement of
Residential Refuse Containers at the designated collection location as permitted by this Part.
2. Residential Refuse Containers associated with Residential Property curbside collection services
may be placed at the designated collection location on the scheduled collection day no earlier
than 5:00 A.M. Residential Refuse Containers must be removed from the collection location and
secured as soon as practicable after collection service have been provided on the same scheduled
collection day. The aforementioned time restrictions do not apply to Bear Resistant Residential
Refuse Containers.
Seminole County Urban Bear Management Ordinance (2015)
Page 3 of7
5.B.1
Packet Pg. 47 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
3. Recyclable materials stored outside until scheduled collection day, and/or placed at a designated
collection location on scheduled collection day must be sufficiently free from residue of food and
other materials so that they are not an Attractant to bears.
4. Other household items that cannot reasonably be considered Refuse or an Attractant, including
but not limited to, nonedible yard maintenance waste, household items, and recyclable materials
are not required to be secured within a Bear Resistant Residential Refuse Container or within a
house, garage, shed, or other Secured Structure. If such waste is comingled with Refuse or an
Attractant, it must be secured within a Bear Resistant Residential Refuse Container or within a
house, garage, shed or other Secured Structure.
5. Development Approvals for residential subdivisions within any Urban Bear Management Area
will include the requirement that Bear Resistant Residential Refuse Containers be used for all
Residential Properties and common areas within the subdivision.
6. Only Bear Resistant Residential Refuse Containers chosen from a County-approved list will be
considered compliant with this Ordinance.
7. Responsible Parties that choose to utilize Bear Resistant Residential Refuse Containers as a
means to comply with this Part shall be responsible for all costs associated there with, including
the cost to purchase the Bear Resistant Residential Refuse Containers and any additional service
fee imposed by the Refuse hauler.
Sec.258.3. Commercial Refuse Disposal within Urban Bear Management Areas. Within Urban Bear
Management Areas, all Commercial Properties are required to place Refuse within a Bear Resistant
Commercial Refuse Container. Bear Resistant Commercial Refuse Containers must remain secured at all
times except when loading or unloading the Refuse, and the area around the Container must be kept clean
of Refuse and debris. If damaged in a manner that would permit bear access, the damage must be
reported to the company responsible for the maintenance of the Container and repaired within 48 hours
after the damage is discovered. Commercial Property collection service customers will be responsible for
any cost associated with compliance with this requirement.
Sec.258.4. Special Event Refuse Disposal within Urban Bear Management Areas.
Within Urban Bear Management Areas, Special Events that occur outside must be kept free from the
accumulation of Refuse. Refuse must be collected from the grounds and must be secured within the
appropriate Bear Resistant Refuse Container, secured within a Secured Structure, or removed from the
Urban Bear Management Area to an appropriate disposal site at the close of each day's activities.
Sec. 258.5. Construction Site Refuse Disposal within Urban Bear Management Areas.
Within Urban Bear Management Areas, all construction sites must have a designated secure container to
receive Refuse. The designated container must be an appropriate Bear Resistant Refuse Container or a
Secured Structure. The designated containers are to remain secured at all times except when loading or
unloading Refuse. If damaged in a manner that would permit bear access, the damage must be reported to
the company responsible for the maintenance of the Container and repaired within 48 hours after the
damage is discovered. Construction site collection service customers will be responsible for any cost
associated with compliance with this requirement.
Sec.258.6. Compactors within Urban Bear Management Areas.
Seminole County Urban Bear Management Ordinance (2015)
Page 4 of7
5.B.1
Packet Pg. 48 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
Any outdoor trash compactor receiving Refuse must be kept inaccessible to bears. Compactor doors must
be kept closed and latched with a bear resistant mechanism at all times, except when loading or unloading
Refuse, and the area around the compactor must be kept clean of Refuse and debris. If damaged in a
manner that would permit bear access, the damage must be reported to the company responsible for the
maintenance of the compactor and repaired within 48 hours after the damage is discovered. Commercial
Property collection service customers will be responsible for any cost associated with compliance with
this requirement.
Sec. 258.7. Feeding Bears Prohibited.
l. No Person shall intentionally or unintentionally feed or provide food to bears in any manner on
any public or private property within Seminole County. A Person will be considered in violation
of this Ordinance if the Person leaves or stores any Attractant in a manner that creates, or would
reasonably be expected to create, a lure or enticement for bears.
2. Within Urban Bear Management Areas Responsible Parties are required to comply with the
following best management practices when the failure to do so creates, or would reasonably be
expected to create, a lure or enticement for bears:
a. Bird Feeders: Bird and hummingbird feeders are allowed; however, feeders must be
suspended on a cable or other device so that they are inaccessible to bears, and the area
below the feeders must be kept free from the accumulation of seed debris.
b. Fruit Trees: Fruit, with the exception of citrus fruits, must be picked when it becomes
ripe, and all fallen fruit must be promptly removed from the ground.
c. Compost: Compost with only grass and leaves. Meat, fish, oil, dairy, kitchen waste, or
other particularly odorous Affractants are not permitted to be used for composting.
Compost must be aerated and tumed regularly and occasionally sprinkled with lime to
reduce odor and hasten the composting process.
d. Barbecue Grills: Grease traps must be emptied, excess food must be burned offl and
grills must be cleaned after each use.
e. Pet Food: Pet food or food bowls may not be left out overnight or unattended, unless
kept in a secured enclosed kennel with a roof. Ifpossible, pets are to be fed indoors. Pet
food must be stored in Secured Structure or in a Bear Resistant Refuse Container.
f. Vehicles: Odorous items such as trash, groceries, pet food, soda cans, livestock grain, or
coolers may not be stored in vehicles overnight.
Sec. 258.8. Enforcement and Penalties.
l. Any Responsible Party found to be in violation of the provisions of this part may be subject
to any applicable enforcement mechanisms available to the County including, but not limited
to: prosecution in the same manner as a misdemeanor, as provided in Section l2S.69, Florida
Statutes and Section 1.8 Seminole County Code; referral to the Seminole County Code
Enforcement Board or Code Enforcement Magistrate; or the issuance of a citation pursuant to
Section 53, Part 2, of the Seminole County Code.2. Each violation hereunder will be deemed a separate offence and a separate offence will be
deemed committed on each day during or on which a violation occurs or continues.3' Violations of this Ordinance are classified as a Class II violation with a civil penalty of
$100.00 per violation per day for the first five (5) offences, and a Class III violation with acivil penalty of $200.00 per offence thereafter, pursuant to Section 53.3 l, Seminole County
Code, or as amended.
Seminole county Urban Bear Management ordinance (2015)
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5.B.1
Packet Pg. 49 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
The imposition of a penalty for a violation does not excuse the violation nor does it imply
permission for the violation to continue. All Persons found to be in violation will be required
to correct or remedy such violations or defects within a reasonable time.
Citation Issuance.
a. The Board of County Commissioners is authorized to designate certain employees as
Code Enforcement Offi cers.
b. It shall be the duty of any person designated as a Code Enforcement Officer to enforce
the Seminole County Urban Bear Management Ordinance (Chapter 258, Seminole
County Code, or its successor).
c. A Code Enforcement Officer hereunder or any law enforcement officer as defined in
Section 943.10(l), Florida Statutes, or its successor, is hereby authorized to issue
citations for the violation of the Urban Bear Management Ordinance, when, based upon
personal investigation, the Officer has reasonable and probable grounds to believe that a
violation ofthe Ordinance exists, subject to the established operating procedures for
enforcement activities.
Code Enforcement Officers must consult with the Florida Fish and Wildlife Conservation
Commission, or its successor agency, prior to engaging in enforcement activities relative to
Section 258.7 of this Part to determine if the activity in question creates, or would reasonably
be expected to create, a lure or enticement for bears.
The County Manager is hereby authorized to establish operating procedures and guidelines
for the implementation of enforcement activities relative to this Part.
Sec. 258.9. Applicability. This Ordinance will apply in both the unincorporated and incorporated areas
of the County; provided that any provision of this Code in conflict with a municipal ordinance will not be
effective within such municipality to the extent of such conflict.
Sec.258.10. Time Period for Compliance.
L Residential Properties must comply with the Refuse disposal requirements contained within this
Part within 30 days of the date of adoption of an Ordinance by the Board of County
Commissioners establishing an identified Urban Bear Management Area.
2. Commercial Properties must comply with the Refuse disposal requirements contained within this
Part within 60 days of the date of adoption of an Ordinance by the Board of County
Commissioners establishing an identified Urban Bear Management Area.
3. All construction sites must comply with the Refuse disposal requirements contained within this
Part within 30 days of the date of adoption of an Ordinance by the Board of County
Commissioners establishing an identified Urban Bear Management Area.
4. Haulers providing Refuse collection service to Commercial Properties shall make Bear Resistant
Commercial Refuse Containers available within 60 days of the adoption of an Ordinance by the
Board of County Commissioners establishing an identified Urban Bear Management Area.
5. All other provisions of this Part shall become operative upon the effective date of the Ordinance
enacting this Part or establishing an identified Urban Bear Management Area.
Section 5. Establishment of the West Seminole County Urban Bear Management Area. The Board
of County Commissioners of Seminole County hereby finds that the area within Seminole County located
west of Interstate 4, and the area immediately to the east of Interstate 4, have experienced an incidence of
bears foraging for food in Refuse containers, and other sources, occurring at a level that poses a threat to
the health, safety, and welfare of the citizens and visitors to Seminole County. In light of such finding,
Seminole County Urban Bear Management Ordinance (2015)
Page 6 of7
4.
5
2 6.o
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5.B.1
Packet Pg. 50 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
the "West Seminole County Urban Bear Management Area" is hereby established as depicted in the
attached Exhibit A.
Section 6. Severability. If any provision of this Ordinance is for any reason held or declared to be
unconstitutional, inoperative, or void, such holding will not affect the remaining portions of this
Ordinance. If this Ordinance, or any provision thereof, is held to be inapplicable to any person, property,
or circumstance, such holding will not affect its applicability to any other person, property, or
circumstance.
Section 7. Conflicts. The provision of this Ordinance will prevail in the event of conflict with the
provision of any existing ordinance.
Section 8. Codification. It is the intent of the Board of County Commissioners that the substantive
provision of this Ordinance will become and be made part of the Seminole County Code and that the
word "ordinance" may be changed to "section," "part," or other appropriate word or phrase, and the
sections of this Ordinance may be renumbered or re-lettered to accomplish such intention; providing,
however, that Sections 6,7,8, and 9 of this Ordinance willnot be codified.
Section 9. Effective Date. This Ordinance will take effect upon filing a copy of this Ordinance with the
office of the Florida Secretary of State by the Clerk to the Board of County Commissioners.
BE IT ORDAINED by the Board of County Commissioners of Seminole County, this _ day of
2015
ATTEST:BOARD OF COLTNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
By
MARYANNE MORSE, CLERK TO THE
BOARD OF COLTNTY COMMISSIONERS
JOHN HORAN, CHAIRMAN
Date:
FOR THE USE AND RELIANCE OF
SEMINOLE COUNTY ONLY.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
COLJNTY ATTORNEY
AS AUTHORIZED FOR EXECUTION BY THE
BOARD OF COLINTY COMMISSIONERS AT
ITS DECEMBER 8, 2015, REGULAR MEETING
Seminole County Urban Bear Management Ordinance (2015)
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5.B.1
Packet Pg. 51 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
AN ORDINANCE RELATING TO SANTA ROSA COUNTY; ESTABLISHING
TIIE BEAR WISE SAFETY ORDINANCE; CREATING SECTION 18-68 SANTA
ROSA COI]NTY FLORTDA CODE; REQUIRING THAT GARBAGE CARTS BE
SECIIRED FROM BEAR INTRUSION; ALLOWING FOR USE OF COI.INTY
APPROVED, BEAR RTSISTANT CARTS; REQT]IRING NON-BEAR
RESISTANT CARTS TO BE PROPERLY SECURED TO PREYENT BEAR
INTRUSION; PROYIDING FOR CODIFICATION; PROYIDING FOR
SEYERASILITY; AND PROVIDING FOR AN EFF.ECTTVE DATE.
WHEREAS, pursuant to A:ticle VIII, Section 1 ofthe Florida Constitution and Chapter
125, FloridaStatutes,the Countyisauthorizedtoprotectthe publichealth, safety, andwelfare ofits
residents;
WHEREAS, according to the Florida Fish and Wildlife Conservation Commission (FWC),
black bears have recovered ftompopulation declines;
WIIEREAS, as a consequence of this rocovery, there has been an increase in hurnan-
bear interactions within urban and rural areas;
WHIREAS, black bears are attracted to unsecured garbage containers, and the
majority of interactions are associated with unsecured garbage containers; and
WIIEREAS, the Board of County Commissioners finds that it is in the best interests of
the citizens of Santa Rosa County to enactthese provisions.
BE IT ORDAINED BY THE, BOARD OF COUNTY COMMISSIONERS OF
SANTA ROSA COIINTY, FLORTDA, THAT:
SECTION 1. This Ordinance shall be known and may be cited as "Bear Wise Safety
Ordinance". The Board does hereby establish a Bear Wise area for the enforcement of this
Ordinance. The area shall be all of that portion of South Santa Rosa County described as follows
and depicted on the attached map:
That portion of the unincorporated area of Santa Rosa County lying south and
west of Eglin Air Base.
SECTION 2. Section 18-68 of the Santa Rosa County Florida Code is created as
follows:
Garbage cart rules, use of Garbage Carts, and st-outProcedures are asfollows:
5.B.1
Packet Pg. 52 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
(b) Customers sha1l place their Garbage Cart at the curbside, u::less an altemative
location is agreed upon by the Customer and tle Franchisee, on the Scheduled Collection Day
prior to six o'clock (6:00) a.m.
(c) All Gmbage must be placed inside the Garbage Cart, and no Garbage placed
outside the Garbage Cart will be picked up.
(d) A Customer shall not place their Garbage and Rubbish in another person's Garbage
Cart or disposal container, or set out Garbage and Rubbish for ollection on property not owned or
occupied by the Customer.
(e) A Customer shal1 only set cut for collection the Garbage and Rubbish that is generated
at the Customer's dwelling.
(f) Customers are responsible for removing their Garbage Carts from the right-of-way,
replaci::g them on ttreir property and properly secwing them by ten o'clock ( 1 0:00) p.m. on the
day of Collection Service.
(g) Customers shall have the option ofusing a County approved, bear resistant Garbage
Cart, if available. Non bear resistant Garbage Carts containing household garbage shali be
secured frombear intrusion until the Cart ispermitted to be placed Curbside for Co llection.
SECfiON 2. CODII'ICATION. Theprovisions of this ordinance shall become and
be rirade a part of the code of laws and ordinances ofthe Cormty ofSanta Rosa. The sections
of this ordinance may be renumbered or relettered to accomplish such, and the word
"ordinance" may be changed to "section", *artic1e", or any other appropriate word.
SECTION 3.. If any sectiorq subsecfion, sentence, clause, or
provision of this Ordinance is held invalid the remainder ofthis Ordinance shall not be affected
by such invalidity.
SECTION 4. EFf,'ECTM DATE. A copy ofthis Ordinance shal1 be filed in the
of8ce of the Se*etary of State within ten (10) days of enactnxent and shall take effect upon said
filing.
PASSED AND ADOPTED by a vote ot by"*-d 0 *y, *d / absent of the
5.B.1
Packet Pg. 53 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
By:
ATTEST:
Clerk of Court
c_-
that the sa*e wds adopted and
of Florida, on this .|?*hauv
I, Donzild C. Spencer, CIeril of Court of Santa Rosa County, Florid4 do hereby certify
of and sent
of
Donald C. Spencer,of Court
eldctronically to the Secretary of the State
2016.
?.i(r
fr
{
i
i
5.B.1
Packet Pg. 54 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
AN ORDINANCE AFFECTING SOLID WASTE IN ORANGE
COUNTY, FLORIDA RELATING TO BEAR
MANAGEMENT; AMENDING THE ORANGE COUNTY
ORDINANCE CODIFIED AT ARTICLE IV, CHAPTER 32,
OF THE ORANGE COUNTY CODE; AMENDING SECTIoN
32-153, OEFINITIONS; AMENDING SECTION 32.{55,RULES, REGUI.ATIONS, ANO PROGRAM
REQUIREMENTS; AMENDING SECTION 32-160, FULL
SOLID WASTE AND RECYCLING COLLECTION
SERVICE; AMENDING SECTION 32-17A, RESIDENTIAL
FRANCHISE, COMMERCIAL LICENSE AND
REGISTRATIoN REQUIREMENTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
ORANGE COUNTY:
Secfion 1. Amendments to Secfion 32-153 ("Definitions"). Section 32-153
("Definitions") is amended to read as follows, with any new wording being indicated by
underlines and any deleted wording being shown by strikethroughs:
Sec. 32-153. - Definitions.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them by this section, except where
the context clearly indicates a different meaning:
Annual rate of compensation shall mean the amount of money per
residential premises, within each franchise area, to be fixed and paid by
the county to the individual franchisees for full solid waste and recycling
collection services rendered by the franchisees for residential premises
within the sanitation district.
Appllcanl shall mean:
(1) A person applying to the cou nty for the commercial license
required to collect or transport solid waste for hire or
remuneration or other consideration within the
unincorporated county or county-wide as specified herein; or
oRD|NANCE NO. 2016-24
I
5.B.1
Packet Pg. 55 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
APPROVED BY ORANGE
COUN]Y AOARD OF COUNTY
COiTIMISSIONERS
BCC Mtg Date: November 1,2016
EFFECTIVE DATE Novemb€r 10, 2016
oRDINANCE NO. 2016-24
AN ORDINANCE AFFECTING SOLIDWASTE IN ORANGE
COUNTY, FLORIOA RELATING TO BEAR
MANAGEMENT; AMENDING THE ORANGE COUNTY
OROINANCE COOIFIED AT ARTICLE IV, CHAPTER 32,
OF THE ORANGE COUNW CODE; AMENDING SECTION
32-153, DEFINITIONS; AMENDING SECTION 32-155,
RULES, REGULATIONS, AND PROGRAM
REQUIREMENTS; AMENDING SECTION 32-160, FULL
SOLID WASTE AND RECYCLING COLLECTION
SERVIGE; AMENDING SECTION 32-178, RESIDENTIAL
FRANCHISE, COMMERCIAL LICENSE AND
REGISTRATION REQUIREMENTS; AND PROVIDING FOR
AN EFFECTIVE DATE,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
ORANGE COUNTY:
Seclion L Amendmenfs to Sectfon 32-153 ("Definilions'), Section 32-153
("Definitions") is amended to read as follows, with any new wording being indicated by
underlines and any deleted wording being shown by strike-throughs:
Sec. 32-153. - Definitiona.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them by this section, except where
the context clearly indicates a different meaning:
Annual rate of compensation shall mean the amount of money per
residential premises, within each franchise area, lo be fixed and paid by
the county to the individual franchisees for full solid waste and recycling
collection seryices rendered by the franchisees for residential premises
within the sanilation district.
Appllcanf shall mean:
(1) A person applying to the county for the commercial license
required to collect or transport solid waste for hire or
remuneration or other consideration within the
unincorporated county or county-wide as specified herein; or
5.B.1
Packet Pg. 56 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
(2) A person applying to the county for the registration certificate
required to collect, process, convey or transport recovered
materials for hire or remuneration or other consideration
within Orange County
Bear manaoement area shall mean an area w ithin Oranoe Countv
in which the re is a hiqh incidence r/human interactions re rded bv the
Appropiate dlsposa/ and/or recycling sile shall mean the place or
places that are properly zoned, permitted, registered, or licensed in
accordance with all applicable local and state laws for the disposal of solid
waste and/or the processing of recyclable materials.
Florida Fish and Wildlife Conservali on Commission. occu rn at a level
that ooses a ootential threat to th health. safetv. and welfare of the
ts\i
itizens and vlsito to Oran e Cou an nated h
-;>u'
Director.
:)", t'
Biohazardous waste shall mean those wastes which may cause
disease or reasonably be suspected of harboring pathogenic organisms;
including, but not limited to, waste resulting from the operation of medical
clinics, hospitals, and other facilities producing wastes which may consist
of, but are not limited to, diseased human and animal parts, dead animals,
contaminated bandages, pathological specimens, hypodermic needles,
contaminated clothing, surgical gloves and other biological wastes.
Biological waste shall be as defined in F.S. ch. 403.
Bulk trash shall mean any nonvegetative item which cannot be
containerized, bagged, or bundled; including, but not limited to, automobile
tires, household appliances, toilets, pool heaters, water softeners, pianos,
bath tubs, water heaters, sinks, bicycles, household goods and furniture
and shall not be commingled with yard waste. Bulk trash shall not mean
any Freon-containing devices.
Commercial customer shall mean a person who receives
commercial services as provided in this article.
Commercial generator shall mean a person who owns or controls a
site in unincorporated Orange County, other than a residential premises,
which is the point of origination of solid waste or recovered materials, and
is eligible to receive commercial services as provided in this article;
2
Bear resistant commercial refuse container shall mean a
commercial refuse container with a reinforced lid and a latchinq
mechanism, or other Countv-approved method that prevents access to the
contenls bv bears.
5.B.1
Packet Pg. 57 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
provided, however, provisions of this ordinance could be applicable in an
incorporated municipality by interlocal or other agreement or by law-
Commercial licensee or licensee shall mean those persons that
have filed an application with, and received a license from, Orange County
to provide solid waste collection and transport services in unincorporated
Orange County. Commercial licensees shall be those persons that provide
commercial service to one (1) or more of the following categories:
(1) Multifamily - collection of solid waste from residential
dwellings and mobile home parks not otherwise provided full
service.
(2)Construction and demolition - collection of construction and
demolition debris only.
(3)Other commercial - collection of solid waste from commercial
generators not covered under (1) and (2),
Commercial service shall mean the mechanical containerized
pickup or container pickup of solid waste or yard waste provided by a
commercial licensee to any licensed mobile home park exceeding four (4)
dwelling units, and to multifamily residences exceeding four (4) dwelling
units, under one ('t ) common roof, and to business, commercial or
industrial enterprises of all types licensed to do business in the county.
Commercial service container shall mean an industry standard
container made for commercial collection which is conshucted of an
acceptable nonabsorbent material.
Consumer shall mean a person directly benefitting from full solid
waste and recycling collection service as provided by this article, who
possesses or resides at a residential premises entitled to full solid waste
and recycling collection service.
Container shall mean a garbage, trash or yard waste container
made of an acceptable nonabsorbent material provided with a closely-
fitting cover, The type and capacity of the container shall be as specified in
the program requirements developed pursuant to this article.
De minimus quantities, in appropriate context, shall be defined as:
(1) No more than ten (10) percent by volume of designated
recyclable materials in a solid waste load delivered to a
county facility or a facility under contract with the county;
3
5.B.1
Packet Pg. 58 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
(2) No more than ten (10) percent by volume of solid waste in a
recovered materials container at the point of generation.
Designated recyclable materials shall mean those recyclable
materials that are designated pursuant to section 32-155 of this article.
Director shall mean the Orange County Utilities Director or his/her
designee.
Disabled persons shall mean persons who are certified by a
licensed physician to be physically unable to transport garbage and/or
recycling materials to curb or road frontage area from other areas of the
person's residential property and who reside alone or reside only with
other persons likewise unable to transport garbage and/or recyclable
materials to curb or road frontage area.
Division shall mean the Orange County Solid Waste Division.
Franchisee shall mean a corporation that has been awarded a
contract by, or entered into an agreement with the county, to provide full
solid waste and recycling collection services.
Franchise agreement shall mean any agreement or contract
executed between the board and a corporation for the provision of full
solid waste and recycling collection services.
Franchise areas shall mean geographical areas in the county which
are identified and defined for purposes of facilitating the orderly collection
and transportation of residential waste materials and designated
recyclable materials.
Freon-containing devices shall mean appliances or devices which
contain or may release freon, including, but not limited to refrigerators,
freezers, air conditioners, and dehumidifiers.
Full solid waste and recycling collection servlce, (also known as
"full service") shall mean the mandatory curbside and rear door collection
service of garbage, designated recyclable materials, yard waste and bulk
trash provided pursuant to this article to those consumers owning or
possessing property located in unincorporated Orange County.
Garbage shall mean all putrescible waste, all animal or vegetable
refuse or residue that results from the preparation of or care for or
treatment of foodstuffs intended to be used as food' or that results from
preparation or handling of food for human consumption, any decayed or
unsound meat, fish, or vegetable, and the containers used in the
4
5.B.1
Packet Pg. 59 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
preparation of such foodstuffs, and other discarded household items not
otheruise defined as biohazardous waste, hazardous waste, bulk trash,
designated recyclable materials, prohibited residential wastes, or yard
waste.
Hazardous wasle shall mean solid waste regulated by the State of
Florida Department of Environmental Protection as a hazardous waste
pursuant to Chapter 62-730, Fla. Admin. Gode.
Household ilems shall mean material such as packaging, small
appliances, bicycles, records, pet wastes, common household materials,
materials from minor home repairs, minor remodeling projects and from
hobby activities generated by a consumer at a residential premises and
which are not included in the definition of garbage, yard waste, bulk trash,
hazardous waste, biological waste or prohibited residential wastes.
Mobile home park shall mean a community of mobile homes where
individual mobile home lots are in a common ownership-
Mobile home subdlyisions shall mean a communily of mobile
homes where individual mobile home lots are individually owned.
Municipality shall mean any one (1) of the cities located within
Orange County.
Orange County shall mean those incorporated and unincorporated
areas located within Orange County, Florida, unless otheruise specified.
Person shall mean all natural persons, partnerships, corporations,
or entities of any kind. For the purposes of this article, a person shall not
include a municipality.
Program requirements for full solid waste and recycling collection
servrce (also known as "program requirements") shall mean requirements,
processes and procedures developed by the director or designee for
participation in the full solid waste and recyclable collection services
provided by the county. Such requirements may specify required container
type and capacity, requirements for placement of garbage, bulk trash, yard
waste and recyclables and other requirements deemed necessary for
orderly collection of garbage, yard waste and recyclables.
Prohibited residenllal wastes shall mean wastes that require special
handling and management including, but not limited to, Freon_containingdevices, used oil, lead-acid batteries, automobiles, boats, interniicombustion engines, sludge, dead animals, septic tank waste,biohazardous waste, liquid waste, and hazardous waste. prohibited
5
5.B.1
Packet Pg. 60 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
residential wastes may also include items determined by the director or
designee to be unmanageable.
Recycling area or recycling siles shall mean any site, location, tract
of land, area, building, structure, transfer box, transfer station or other
premises to be used for recycling of recovered materials or accumulation
for the county's recycling program as approved by the director.
Recycling container shall mean containers approved by the directorfor residential recycling collection, as specified in the program
requirements.
Recycling prognm or program shall mean the recycling program
approved by the board on February 20, 1989, as such program may be
amended from time to time.
oackaoino. toothoaste. deodorant.cosmetics, spices, seasoninqs and
qrease.
Registrant shall be those persons who have filed an application
with the county to collect, transport, convey or process recovered
materials in Orange County and have subsequently received a registration
certificate from the county. Municipalities shall not be subject to
registration except as provided in the interlocal agreement with the county.
Residential franchise shall mean a franchise awarded by the board
to a collector of residential waste materials and recyclables, pursuant to
the provisions of this article, wherein the franchisee agrees to be bound by
the terms of this article and to provide full solid waste and recycling
service to the designated area in accordance with the terms of a
residential franchise agreement entered into by the county and the
franchisee.
Residentiat premlses shall mean every lot or parcel of land which is
6
Rates shall mean those charges and fees adopted by the board by
resolution or contract for the management of solid waste and recovered
materials. Rates adopted by the board shall be administered by the solid
waste division. This definition shall also mean those charges and fees
collected by commercial licensees or registrants. Provided, however, that
this article is not intended lo authorize Orange Counly to establish rates
charged by commercial licensees or registrants to commercial generators.
Recovered matenals shall be as defined in F.S. ch. 403.
Refuse shall mean any waste that could reasonably attract bears
includinq. but not be limited to: kitchen orqanic waste, food. food
5.B.1
Packet Pg. 61 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
improved for occupancy as a single-family residence, duplex, triplex,
quadplex or mobile home park not exceeding four (4) units. For purposes
of calculating the number of residential premises, each dwelling unit shall
constitute a separate unit.
Residential waste mateials shall mean residential garbage, yard
waste and bulk trash designated for collection under the full solid waste
and recycling collection service program.
Scavenging shall mean the act of removing materials from
containers at curbside, or other areas designated by Orange County for
collection, without the specific written permission of the county.
Specra/ wasles shall be as defined in F.S. ch. 403.
Yard waste shall mean waste that is vegetative matter resulting
from landscaping maintenance from that premises from which the waste is
generated and includes material such as tree and shrub trimmings, grass
clippings, palm fronds, tree leaves, and tree stumps.
Section 2. Amendments to
program requirements"). Section
Section 32-155 ("Rules, regulations, and
32-155 ("Rules, regulations, and program
requirements") is amended to read as follows, with any new wording being indicated by
underlines and any deleted wording being shown by strike-th roughs:
Sec.32-155. - Rules, regulations, and program requirements.
(a) By resolution, the board of county commissioners may from time to
time enact and amend reasonable rules and regulations to implement and carry
out the provisions of this article. However, the director shall have the authority to
establish, modify, implement and enforce appropriate program requirements,
processes and procedures to allow for orderly collection of residential waste
materials and recyclables under the full service colleclion program.
(b)The Bear Manaoement oram orovides for a container
ro
nted throu e unrn
h rt
r
which
a
nal res ns within Bear ana esr n
followinq co nsultation with the Countv's enviro nmental o
of the
Director
ldlife Con
7
the Fish rvation ISSI
rotection officer
Solid waste shall be as defined in F.S. ch. 403.
5.B.1
Packet Pg. 62 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
Seclion 3. Amendments fo Secfiorl 32.16A (Full solid waste and
recycling collection seruice"). Section 32-160 ("Fu solid waste and recycting
collection service") is amended to read as follows, with any new wording being indicated
by underlines and any deleted wording being shown by strikethroughs:
Sec. 32-160. - Full solid waste and recycling collection service.
(a) Compliance with article. All persons owning or possessing property
entitled to full solid waste and recycling servace are required to accept full service
as set forth in this article, and shall dispose and recycle residential waste
materials and designated recyclables generated on the property only through the
full service provided pursuant to this article and shall comply with the relevant
provisions of this article and the program requirements. However, this article
shall not preclude a consumer from occasionally transporting residential waste
materials and designated recyclables generated on their own property to an
appropriate disposal or recycling site.
(b) Curbside pickup. All persons owning or possessing property
enlitled to full solid waste and recycling service shall receive such service in
accordance with the program requirements. The franchisee shall collect garbage,
designated recyclables, yard waste and bulk trash placed at the curb or roadside
according to the provisions of the residential franchise agreements. Franchisees
shall not collect any prohibited residential wastes. A consumer's bulk trash may
not be collected if determined by the director to be incompatible with collection
equipment or the county's waste management system or of such weight or
quantity as would significantly hinder the effectiveness of the collection or
disposal system.
(c) Rear doot pickup. fhe franchisee shall collect garbage and
designated recyclable materials from the residences of disabled persons from the
side or rear of the house within an area no further than one hundred (100) feet
from the curb or other public road frontage in accordance with the residential
franchise agreement. All such rear door pickup shall be on days designated by
the director, except during weeks which have holidays as approved by the
director.
(d) Ownership. From the time of placement of garbage, designated
recyclable materials, yard waste and bulk trash for franchisee collection at the
curb or other approved area by any consumer pursuant to the full solid waste and
recycling collection program and the requirements hereunder, such materials
shall become and be the property of the county. lt shall be unlawful for any
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Packet Pg. 63 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
person (other than the franchisee, authorized personnel of the county, or olher
persons authorized by the county) to collect, pick up, or cause to be collected or
picked up, any such garbage, designated recyclable materials, yard waste and
bulk trash except as provided herein. This shall not preclude consumers from
voluntarily recycling their own solid waste or recyclable materials prior to
placement of the materials at curbside.
(f) Placement of residential wasl+ materials and recyclables.
fi\ Minimum Countvwide Standards. Except as otheruise provided, all
consumers shall place residential waste materials and designated
recyclables within three (3) feet, or as near to the paved or
improved roadway abutting the consumeds property as safely
possible on days designated by the director for garbage,
designated recyclable materials, yard waste and bulk trash
collection. Consumers who reslde on a private road must allow
access onto such road or must place the residential waste
materials and recyclables within three (3) feet, or as near as safely
possible, to the nea.est accessible public right-of-way. Consumers
who reside on a dirt Joad, if not accessible to collection vehicles as
determined by the director, shall place the residential waste
materials and recyclables within three (3) feet, or as near as safely
possible, to the nearest accessible public rightof-way. Consumers
shall place such residential waste materials and recyclables in a
location allowing for unobstructed collection. Placement and
containerization shall be in accordance with this article and the
program requirements, The director shall have the authority to
approve or specify the precise location for placement of residential
waste materials and recyclables for collection. Placement shall be
made by consumers no earlier than 6:00 p.m. on the day preceding
the designated collection day. Franchisees may begin collection of
residential wasle materials and recyclables at 6:00 a.m. on
designated collection days. The consumer's residential waste
materials and recyclables should be placed curbside by 6:00 a.m.
on designated collection days lo ensure collection. The consumer's
residential waste materials and recyclables will not be collected if
they are placed curbside after the franchisee has serviced the
consumer's area, provided that the franchisee began collection
afler 6:00 a.m. Containers shall be removed from the roadside
9
(e) Right to inspect containers. From the lime of placement by any
consumer or commercial generator at the curb or other approved area, the
franchisee, licensee, and/or the county, including any county employee
designated by the director, shall have the right to inspect containers and
recycling containers for compliance with this article.
5.B.1
Packet Pg. 64 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
2
within twelve (12) hours of collection.
Re.sf within Be er A rces Countv-
ssued roll carts containino house hold oarbaoe must be maintained
tn a secu area and olaced the curb for coll ection between
4:00 a.m. and 6:00 a.m. on llection dav. As an alternative.
n mers m u Cou -a r resistant roll
Dlace of th e standard Countv Droved roll cart soe fied in the
proqram requirements.
(S) Use of containers. All consumers shall utilize a container or
containers as specified in the program requirements. Yard waste may also be
bundled in accordance with section 32-189 of this Code. All garbage and yard
waste conducive to containerization shall be stored in containers until disposed
of pursuant to this a(icle. Any container used for collection or storage of garbage
or yard waste failing to meet the standards prescribed by the program
requirements shall be clearly marked by the franchisee, specifying the manner in
which the container fails 1o meet these requirements. Such containers shall be
removed from service by the furnishing party. Upon failure of the furnishing party
to remove the container from service, after written notice by the franchisee, the
franchisee shall notify the director who may have the container removed and
destroyed by the county or the franchisee.
(h) Use of recycling containers. All consumers shall utilize a containeror containers for designated recyclables as specified in the program
requirements. The county or franchisees shall provide recycling containers for
holding designated recyclable materials at curbside. The recycling containers are
the property of the county and shall remain at the property entitled to full solid
waste and recycling collection service, Consumers shall be responsible for
maintaining their respective recycling containers. lt shall be unlaMul to willfully
damage, vandalize, or steal any such recycling containers. Only designated
recyclables shall be placed in recycling containers.
(i) Responsibility of residential franchisees. Residential franchisees
shall perform all actions as may be required by the board of county
commissioners to ensure full solid waste and recycling collection services are
provided as agreed to by agreement and/or as described in this article. Where a
conflict arises between provisions implied or expressed in this article and any
agreement executed by the franchisee and the board, the implied or express
provisions of this article shall prevail and shall be deemed incorporated in such
agreement as if expressly included. Failure to meet the terms and conditions of
this article or an agreement between the franchisee and the county shall be a
basis for the county to suspend or terminate the franchise.
0) Specla/ assessments; collection of special assessmonls; authority
to collect under MSBUs:
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Packet Pg. 65 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
(1) Speclal assessments imposed. All persons owning property that
are entitled to full service shall be obligated to pay a charge for rull
solid waste and recycling collection service. Such amounts shall be
set from time to time by resolution of the board of county
commissioners after public hearing with public notice in the same
manner as for county ordinances.
(2) Collection of special assessmenrs; establishment of municipal
seruice benefit unlfs. Pursuant to F.S. $ 125.01, the board is
authorized to establish, by resolution, municipal service benefit
units (MSBUs). Pursuant to Resolution 85-SW-06 the board of
county commissioners has created an MSBU to encompass all
franchise areas. The MSBU may be expanded, contracted, split-
out, merged or abolished by resolution. Within the MSBU the
board of county commissioners shall impose special
assessments upon property entitled to full service. Pursuant to
law, special assessments imposed in the MSBU shall be
collected in the same manner as ad valorem taxes and shall be
subject to the same discounts, liens, and certificates. However,
these special assessments shall be imposed annually in
advance, not in arrears.
(3) Development of rules and regulaflons. As necessary, the director
shall develop, and propose to the board for approval by
resolution, all rules and regulations necessary for the orderly
collection of special assessments imposed by the board of
county commissioners under this section. All such rules and
regulations shall be fully consistent with and cumulative to F. S.
ch. '197 and all other applicable laws of the state.
Section 4. Amendments fo Section 32.178 ("R*idential franchise,
commercial license and registfition requirements?, Section 32-178 ("Residential
franchise, commercial license and registration requirements") is amended to read as
follows:
Sec. 32-178. - Residential
registration requirements,
franchise, commercial license and
(a) Processes for awarding franchise agreements and obtaining
licenses and registrations.
(1) Procedure for procuing residential lranchise agreements.ll
5.B.1
Packet Pg. 66 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
The board awards franchises for full solid wasle and
recycling collection services through a request for proposal
process.
(2) Application for commercial license or registration. Every new
applicant who desires to engage in the occupation of
collecting or transporting commercial solid waste and/or
collecting, transporting or processing recovered material in
the county shall apply for, on forms and documents required
by the director, or by responding to requests for proposals or
bids, and obtain a commercial license, or registration, in the
manner described herein prior to commencing operations in
such occupation. Applicants for a commercial license or
registration shall obtain an application approved by the
director and shall file a certified application with the solid
waste division. The board may solicit bids or advertise for
applications for commercial licenses including such terms
and conditions as necessary to determine award of such
service. License application shall be divided into the
following three (3) categories. A license may be issued for
one (1) or more of the categories.
Muftifamily. Collection of solid waste from residential
dwellings and mobile home parks nol under the
franchise system.
a
b
C
Construction and demolition. Collection
construction and demolition debris only.
of
Other commerc,al Collection of solid waste from
commercial generators not covered under subsection
(1) or (2) above.
Registrants shall be identified as processors, transporters, or both.
Applications for registration shall be limited to that information
required pursuant to state law.
(b) Approval of application.
(1) Pubtic heaing. Upon receipt of an application for a
commercial license, the board shall determine the ability of
the applicant to comply with the provisions of this article and
may hold a public hearing on such application if the board or
director deems it necessary in the public interest which
hearing shall be held after publishing notice thereof in a
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Packet Pg. 67 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
newspaper of general circulation within the county at least
fifteen (15) days prior to the hearing.
(2) Findings; rssuance. ln determining whether or not to award a
commercial license, the board shall consider the truth and
completeness of the statements in the application and
whether the applicant is capable of complying with the
provisions of this article and other applicable rules and
regulations.
Vehicles. Commercial license applicants shall
demonstrate, to the satisfaction of the director, that
any vehicles and necessary equipment to be utilized
meet industry standards and have the capability of
providing and maintaining an appropriate level of
service.
Processing. Registration applicants shall effectively
demonstrate to the satisfaction of the director that
they have sufiicient equipment, capacity and stafi to
process the materials they may reasonably be
expected to receive for separalion into recovered
materials within six (6) months of its receipt without
causing public health, safety or nuisance problems.
Appeal. A registration applicant may appeal any of the
director's determinations to the board in accordance
with the procedures set forth in this chapter.
(3) Denial; notification of denial. The board of county
commissioners may deny any application for a license if,
after due investigation and public hearing as provided
herein, the board of county commissioners finds and
determines as a matter of fact any one (1) of the following:
(1)that statements made in the application are false; (2) that
the applicant is unable to provide the service requested; or
(3) that the applicant does not comply with the provisions of
this chapter or other applicable regulations. Reasons for
such denial shall be stated in writing and mailed to the
applicant.
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(c) /ssuance ol commercial license or registration. After submittal and
approval of a license application by the board, the board shall so advise the
applicant and shall issue a commercial license to the applicant upon payment ofthe commercial license fees as provided in this article or in the rules andregulations implementing this articre. After submittar and approval of a
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Packet Pg. 68 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
registration application by the direclor, the director shall so advise the applicant
and shall issue a registration to the applicant upon payment of the registration
fees as provided in this article or in the rules and regulations implementing this
article.
(d) Separate accounting required for franchise seryices and
commercial collection seryrbes. No residential franchisee or affiliated entity shall
hold or obtain a commercial license, nor shall a commercial licensee or affiliated
entity hold or obtain a resrdential franchise, except where such franchisee or
commercial licensee maintains separate accounling and financial records in
order to prevent the subsidy of one (1) operation by the other. The subsidy of
commercial services by residential service and the subsidy of residential service
by commercial service is hereby expressly prohibited.
(e) Franchisee or licensee firm names. Franchisees and licensees
shall not use a firm name containing the words ,'Orange County,, or other words
implying county ownership.
(f) Duration of licenses and registrations. Commercial licensees and
registrations are valid for a five-year period commencing on the date of the
issuance of their license or registration unless revoked sooner by the board for
due cause. Such licensees and registrants shall be subject to an annual fee or
any other fee(s) as established by the board of county commissioners, such fee
to be payable prior to January 1.
(S) Commercial rales. Except as otheruise expressly provided for in
this article, rates charged by commercial licensees for commercial services shall
not be regulated by the board of county commissioners. Billing for such services
shall be performed by the owner/operator of the licensed enterprise.
(h) Collection of prohibited mateials. Franchisees shall not accept for
collection any prohibited residential waste or any yard waste mixed with garbage
or bulk trash. Franchisees and licensees shall not accept any materials
prohibited from collection by federal, state or local law.
(D Specific commercial license requiremenfs. A commercial licensee
(may contract to provide commercial service with any commercial generator in
Orange County pursuant to the specific requirements of the commercial license
and the following requirements:(1) Records. All licensees shall keep and maintain such operating
records as the board of county commissioners may require to
ascertain the extent of compliance with this article.
During the term of the commercial license or its renewal, the
commercial licensee shall make its Orange County license and, in
the county's discretion, all other related books and records,
t4
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Packet Pg. 69 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
including but not limited to dump tickets, customer invoices and
customer transaction files, available to the county for inspection at
all reasonable times. Failure to furnish or to maintain complete and
accurate books and records, or to make such books and records
available to the county, shall be considered a violation of this article
and shall provide a basis for the county to terminate the commercial
license and to collect any damages resulting therefrom.
Commercial licensees must keep all licenses and other related
books and records on file for not less than three (3) years from the
termination of the license by either party.
ln addition, the licensee shall keep financial records to
properly reflect its financial operations and financial condition in
accordance with generally accepted accounting principles.
The licensee shall prepare an annual financial report on a
date acceptable to the director and licensee. Such teport shall
consist of a balance sheet, income statement, statement of retained
earnings, and a statement of cash flow on the entity as a whole, as
well as supplemental financial information on commercial solid
waste service, including operation and maintenance costs separate
of any other service provided in the county.
(2) Billing. The commercial licensee shall have the sole responsibility
for the billing and collection of all charges described herein. ln the
event bills are not paid in a timely manner, the commercial licensee
shall have the right (provided that the commercial licensee may
otherwise legally do so) to discontinue services for nonpayment,
and shall notify the director within fifteen (15) days after
discontinuance of such services.
(3) Nonpeiormance. ln the event that a commercial licensee fails to
provide adequate collection to a commercial customer by reason of
any: (1) emergency, catastrophe, natural disaster, war, labor strike,
act of God, or similar event; or (2) otherwise fails to adequately
perform the duties and obligations created by this article (as
determined solely by the county), the county may, at its sole
discretion, (1) terminate the license; and/or (2) take over the
collection service using its own equipment and service or that of
another commercial licensee.
ln the event any of the privileges granted herein are terminated
pursuant to this article, any liability of the commercial licensee to
the county accruing thereby, and any liability of the licensee to thecounty arising out of any act or event occurring prior to the
termination shall immediately become due and payable to the
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Packet Pg. 70 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
county, without further notice.
(4) lnsurance. Each commercial licensee shall purchase and maintain
insurance in the amounts and pursuant to the terms and conditions
set forth below:
Commercial general liability insurance with limits of not less
than one million dollars ($1,000,000.00) per occurrence;
Business automobile liability insurance with limits of not less
than one million dollars ($1,000,000.00) per accident;
Workefs compensation as required by F.S. ch. 440;
Pollution legal liability including coverage for bodily injury
and property damage as well as cleanup and defense costswith limits of not less than one million dollars
($1,000,000.00) per loss.
The county shall be named as an additional insured on all liability
policies. The licensee shall annually provide the county with proof
of insurance coverage by a company authorized to do business
within the State of Florida as required in this section. No material
change or cancellation/non-renewal shall be effective without thirty
(30) days'written notice to the county. Failure to maintain insurance
shall result in revocation of the commercial license. Each licensee
shall annually furnish proof to the county that all liability and
worker's compensation insurance laws of the state have been
complied with.
(5)Other laws and regulations. The commercial licensee shall, at its
sole expense, procure all required local, state, and federal licenses,
certificates, permits, and other authorizations necessary to conduct
the licensee's operations. Each commercial licensee and its
employees shall observe and comply with all applicable federal,
state, and local laws, rules, regulations, requirements, ordinances,
orders, and mandatory guidelines, pertaining to the collection
services rendered hereto. lssuance of a commercial license by the
county shall not be deemed to be a waiver of any applicable state,
local or federal laws or regulations; including, but not limited to,
zoning or planning regulations.
(6) Seruice explanation. Each commercial licensee shall provide a
copy of its license and application, upon request, to each one (1) of
the commercial licensee's customers. These materials shall be
provided to potential customers before the commercial licensee
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d
5.B.1
Packet Pg. 71 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
enters into a contract for services with the potential customer
(7) Changes. A commercial licensee shall have a continuing obligation
to apprise the county of any material changes to its service or
financial position which deviate from the information contained in
the commercial licensee's applicatlon.
(8) Yard waste. Yard waste from a commercial generator or customer
shall be collected separately from other solid wasle. Each
commercial licensee shall inform all of its customers of this
requirement.
(9) Load inspection. The commercial licensee shall submit to the
county load inspection program.
(10) Cancellation. ln addition to the requirements of_ggct!e!_r32j!t9(a),
the county has the right to cancel or revoke a license due to
noncompliance with this article and failure to comply within thirty
(30) days after receiving written notice. Provided, however, that if
the director determines that an imminent health or environmental
problem exists as a result of the noncompliance, such notice shall
only be ten (1 0) days.
(1 1) Disclosure of owners. Annually, each commercial licensee shall
provide the director with a notarized statement disclosing:
The names of its principal corporate officers, partners and
shareholders owning ten (10) percent or more of the
outstanding stock; and
The exact corporate or fictitious name under which the
commercial licensee will conduct its business as authorized
by this article. The county shall be advised by the
commercial licensee in writing of any proposed name
change before it goes into effect.
(12)Handling complaints. Each commercial licensee shall maintain an
office in Orange County or an adjoining county with adequate staff
and telephone service to handle and resolve all incoming calls and
complaints between the hours of 8:00 a.m. and S:00 p.ri., Monday
through Friday of each week, excluding holidays. Between the
hours of 5:00 p.m. and 8:00 a.m., Monday through Friday, and all
day Saturday and Sunday, including holidays, the commercial
licensee shall maintain an answering machine to receive incoming
calls and complaints. The answering machine shall be checked at
least once a day for complaints.
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Packet Pg. 72 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
(14) Trucks. A commercial licensee shall use modern packer lype
sanitation trucks for the collection and transportation of solid waste,
except construction and demolition and class lll waste.
Determination of whether such vehicles are appropriate, including
those vehicles that collect construction and demolition and class lll
wastes, shall be as set forth in this section.
(15) Clean-up. A commercial licensee shall handle commercial service
containers with reasonable care and return them to the
approximate location from which they were collected. A commercial
licensee shall clean up all wastes that it spills during its collection
operations.
(16) Emergency. A commercial licensee shall not be required to provide
collection services when all appropriate disposal and/or recycling
sites are closed or when county-wide natural or civil emergency
conditions exist or are imminent, as determined by the director.
During and after such emergencies, collections and deliveries of
solid waste shall be at the discretion of the director.
(17) Times tor collection. Unless otherwise approved by the director,
commercial collections shall be made only Monday through
Saturday between 6:00 a.m. and B:00 p.m. A minimum of once a
week service shall be provided for all customers; however, where
garbage, as defined herein, is generated, a minimum of twice per
week collection is required unless otherwise approved by the
director. Such service shall be provided by commercial service
container as defined herein. However, where a customer generates
one (1) cubic yard or less per week of solid waste, an alternate
noncommercial container may be utilized. Subject to the minimums
set forth above, the size of the container and the frequency of
collection should be determined between the customer and the
commercial licensee, but disputes concerning these issues shall be
resolved by the director. However, no solid waste shall be placed
outside the container. Storage capacity shall be suitable for the
amount of waste generated by the customer.
l8
(13) Response to complaints. Any complaints received by the
commercial licensee before 12:00 noon shall be responded to and,
if feasible, resolved before 5:00 p.m. of that same day. Complaints
received after 12:00 noon shall be responded to and, if feasible,
resolved before 12:00 noon of the following day (excluding
Sunday). An emergency telephone number or numbe(s) where the
commercial licensee may be reached shall be given to the director.
5.B.1
Packet Pg. 73 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
(18) Acquisition of containors. A commercial licensee may provide
containers to its customers; however, customers also may acquire
their containers from any other source, provided that such source
or customer is completely responsible for the proper maintenance
of the container. Containers shall be of a type that can be serviced
by the commercial licensee's equipment.
(19) Placement and maintenance of containers.
a. Minimum Countywide Standards. All commercial solid
waste shall be placed in a container, garbage can, other receptacle
or plastic disposal bag. Where garbage cans are used, they shall
be placed at the roadside or at such other collection point(s) as
may be agreed upon between the licensee and the customer. All
containers shall be kept in a safe, accessible location, as agreed
upon between the commercial licensee and the customer, subiect
to any limitations or restrictions imposed by the county. Any
container damaged by the commercial licensee shall be repaired or
replaced by the commercial licensee, ordinary wear and tear of
customer-owned containers excepled,
Addition al Restiction s within Bear Manaqementb
LoaA"*''Areas. Commercial qarbaqe collection customers located within
desiqnated Bear Manaqement Areas are required to place refuse
within a bear resistant commercial refuse container approved bv
the commercial licensee. Bea r resistant commercial refuse
ntain rS red at all times ex
unloadinq the container and the around the container must be
keot clean of refuse and debris. lf damaqed in a manner that would
the da mu rted to the com an
resDonsible for the maintena nce of the container and repaired
ithin fo ht (48) hours after the damao e is discoveredrtveto
Cuslomers will be responsible for anv cost associated with
comDl ce with this requ irement.
(20) Nonagency. A licensee shall not be deemed to be the agent of the
county. A commercial licensee shall be solely responsible for any
losses or damages of any kind arising from its performance or
nonperformance under its license. The commercial licensee shall
defend at its own expense or provide for such defense, at the
county's option, any and all claims and suits brought against the
county which may result from the commercial licensee,s
performance or nonperformance of service pursuant to its license.
o
registration
Operating requirements for registrants. ln addition to the
requirements set forth herein, persons collecting, transporting,
t9
J
5.B.1
Packet Pg. 74 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
Response to complaints. Any such complaint shall be responded to
within twentyJour (24) hours or by Monday if the complaint occurs
on the weekend.
(4) Containers. A regiskant shall handle recovered materials
containers with reasonable care and return them to the
approximate location from which they were collected. A registrant
shall clean up all materials that are spilled during its coilection
operations,
(3)
(5)Emergency. A registrant shall not be required to provide collection
services when all appropriate disposal and/or recycling sites are
closed or when county-wide natural or civil emergency conditions
exist or are imminent, as determined by the di.ector. During and
after such emergencies, collections and deliveries of solid waste
shall be at the direction of the director.
(6) Acquisition of containers. A registrant may provide recovered
material containers to its customers. Customers that acquire their
own containers from any other source are responsible for the
proper maintenance of the container. Containers shall be of a type
that can be serviced by the registrant's equipment.
(7) Location and maintenance of containers. All recovered materials
shall be placed in an appropriate industry standard container.
Where garbage cans are used, they shall be placed at the roadside
or at such other single collection point(s) as may be agreed upon
between the registrant and the customer. All containers shall be
kept in a safe, accessible location as designated or approved by
the county and as agreed upon between the registrant and the
customer. Any container damaged by the registrant shall be
repaired or replaced by the registrant, ordinary wear and tear of
20
conveying, or processing recovered materials in Orange County shall comply
with the following operating requirements:
(1) Disclosure of awners. Annually, each registrant shall provide the
director with two (2) notarized statements disclosing the names of
its general and limited partners, or corporate officers and directors,
and the exact corporate or fictitious name under which it will
conduct its business as authorized by this article.
(2) Handling complaints. Each regiskant shall be responsible for
promptly responding to any and all complaints which involve
actions that create a nuisance or have the potential to create a
nuisance,
5.B.1
Packet Pg. 75 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
customer-owned containers excepted.
(8) Nonagency. A registrant shall not be deemed to be the agent of the
county. A registrant shall be solely responsible for any losses or
damages of any kind arising from its performance or
nonperformance under its registration. The registrant shall defend
at its own expense or provide for such defense, at the county's
option, any and all claims and suits brought against the coun$
which may result from the registranl's performance or
nonperformance of service pursuant to its registration.
(9) Irucks. Registrants shall use trucks which are capable of
preventing spillage or accidental release of recovered material
during transport as required in this section.
(10) lnsurance. The registrant further agrees to purchase and maintain
insurance in amounts and pursuant to terms and conditions set
forth below:
Commercial general liability insurance with limits of not less
than one million dollars ($1,000,000.00) per occurrence if the
registrant utilizes county facilities;
Business automobile liability insurance with limits of not less
than one million dollars ($1,000,000.00) per aceident;
Pollution legal liability including coverage for bodily injury
and property damage as well as cleanup and defense costs
with limits of not less than one million dollars
($1,000,000.00) per loss.
b
c
d
The county shall be named as an additional insured on all liability
policies if the registrant utilizes county facilities. The registrant shall
annually provide the county with proof of insurance coverage by an
insurance company authorized to do business in the State of
Florida as required in this section. No material change or
cancellation/nonrenewal shall be effective without thirty (30) days,
prior written notice to the county. Failure to maintain insurance shall
result in revocation of registration. Each licensee shall annually
furnish proof to the county that all liability and worker'i
compensation insurance laws of the state have been complied with.
(1 1) Other laws and regulations. The registrant shall, at its sole
expense, procure from all local, state and federal governmental and
21
Worker's compensation as required by F.S. ch. 440;
5.B.1
Packet Pg. 76 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
Secfion 5.
agency authorities (having jurisdiction over the operations of the
commercial regishant) all licenses, certificates, permits, or other
authorizations necessary to conduct the registrant,s operations. The
registrant and its employees shall also observe and comply with all
present and future federal, state, and local laws, rules and
regulations, requirements, ordinances, orders, and mandatory
guidelines, pertaining to the collection or processing services
rendered hereto. lssuance of a registration by the county shall not
be deemed as a waiver of any applicable state, local or federal laws
or regulations (including, but not limited to, zoning or planning
regulations) with respect to a recycling operation of any kind nor
shall it create any vested rights to own or operate any type of
recycling operation.
This ordinance shall take effect on this _day 61 NOV 0 | 2016
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
a Jacobs
Orange County Mayor
ATTEST: Martha O. Haynie, County Comptroller
As Clerk of the Board of County Commissioners
By
De tyc
,l
22
By:
5.B.1
Packet Pg. 77 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
“BearWise” Initiative Updates
1.“BEARWISE” PILOT STUDY UPDATE
2.BOARD-DIRECTED “BEARWISE” DRAFT ORDINANCE REVIEW
3.“BEARWISE” GRANT APPLICATION AND AWARD UPDATE
5.B.2
Packet Pg. 78 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
Countywide “BearWise” Pilot Study
Update
DILIA CAMACHO
INTERIM DIRECTOR, SOLID & HAZARDOUS WASTE MANAGEMENT DIVISION
5.B.2
Packet Pg. 79 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
Purpose
uTo provide the Board with an update on
the countywide BearWise initiative to
bring bear-resistant trash roll carts to
Collier County residents, as requested at
the June 12th Board of County
Commissioners meeting.
5.B.2
Packet Pg. 80 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
Objective
To incorporate a functional user friendly bear-
resistant trash roll cart that can be integrated with
Waste Management of Florida,Inc. and Wa ste
Connections,Inc. automated collection service.
5.B.2
Packet Pg. 81 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
2018
Residential
“BearWise”
Pilot Study
A second pilot study was
conducted from July 16, 2018
thru August 11, 2018 with a
Rehrig Pacific model that
shows potential to be lighter
in weight due to weight
enhancement features.
A total of 100 bear-resistant
roll carts were tested within
Service District I.
The pilot program location
selected was the northeast
area of Wilson Blvd, north of
Immokalee Road.
5.B.2
Packet Pg. 82 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
Rehrig Pacific Bear-Resistant Roll Cart
uReinforced lid around the cart.
uDual Tab Locking Mechanism.
uLightweight
uChildproof release lock inside
cart.
uBear Imprint on lid for bear
recognition.
5.B.2
Packet Pg. 83 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
Rehrig Pacific Locking Features
uGravity lock allows manual
opening by consumer and
automated opening through
natural force gravity.
uLock opening requires a
specific rotational motion as
displayed.
5.B.2
Packet Pg. 84 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
Automated Collection System vs Bear-
Resistant Cart Performance
McNeilus Railing System
u 5% Failed rate did not open without
assistance
u 12% Failed rate of not opening on first
attempt.
u 20% Failed rate of not opening without
assistance.
u 12% Failed rate of not opening on first
attempt.
Python Automated Arm System
5.B.2
Packet Pg. 85 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
Bear-Resistant Cart Performance
Working Cart Not Working Cart
5.B.2
Packet Pg. 86 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
2018 Survey Results
Survey 1
A total of 100 surveys mailed, 33
were received.
1.91% confirmed bear
interactions within the last 12
months.
2.85% confirmed bear
interactions in garbage.
3.91% confirmed daily, weekly
and monthly frequency of
bear interactions.
Survey 2
A total of 100 surveys mailed, 37 were received.
1.99% confirmed easy functionality of opening and closing locks of bear-resistant carts.
2.91% confirmed easy handling of bear-resistant carts.
3.89% confirmed bear-resistant cart emptied on service day.
4.95% confirmed would prefer to have a bear-resistant cart.
5.62% confirmed bear interaction with bear-resistant cart.
6.68% confirmed bear interactions during pilot study.
7.50% confirmed bears attempted access to the bear-resistant carts.
Survey 3
A total of 100 surveys mailed, 38
were received.
1.60% confirmed bear
interaction with bear-resistant
cart.
2.74% confirmed bear
interaction in yard, garbage
and in area.
3.62% confirmed bears
attempted to gain access into
bear-resistant carts.
5.B.2
Packet Pg. 87 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
Survey 2
Comments from
Residents
1.We love the new cans.
2.They are amazing.
3.We can actually take out the trash without worrying.
4.We would love to see these permanently.
5.Knocked over but didn’t get into garbage.
6.Bear Tried to get into cart but was unsuccessful.
7.The can was knocked over twice but it stayed shut and there
were no claw marks.
8.Bears knocked over the can but it did not open.
9.We love our bear-resistant can.
10.Thank you for doing the pilot program.
11.We appreciate your work on this project.
12.No mess.
13.Awesome can.
14.Wo uld be nice to have two of them.
15.How much are they?
16.Bears have tried about 10 times to get in it.
17.Knocked can over. Can did not open.
18.Cart knocked over. Not opened.
19.Cart was tipped over but stayed closed.
20.Sniffing around the garbage.
5.B.2
Packet Pg. 88 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
Countywide
“BearWise”
Ordinance Update
AL SANCHEZ
EDUCATION AND COMPLIANCE SUPERVISOR
5.B.2
Packet Pg. 89 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
Purpose
u To develop a Board-directed “BearWise” draft ordinance for
residential property owners to voluntarily purchase a bear-
resistant container when carts become available.
u The “BearWise” draft ordinance will create guidelines for
commercial properties and special outdoor events that produce
food waste.
u The draft ordinance,in line with Board direction,is focused on
adding new definitions that will be used when referring to the
“BearWise” program.
5.B.2
Packet Pg. 90 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
FWC Partnership
u Four counties and one city in the State
have passed an ordinance regarding
bear-resistant containers and/or
securing solid waste.
u City of Fort Walton Beach, Santa Rosa
County, Orange County, Seminole
County and Lake County.
5.B.2
Packet Pg. 91 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
Highlights of “BearWise” Draft
Ordinance
Residential
Customers
1.Residential Customers shall
have the option of using a
County-approved, curbside
bear-resistant solid waste
container, if available.
2.Curbside bear-resistant solid
waste containers shall be
closed and secured at all
times.
Commercial
Customers
1.Commercial customers that
are located in areas of the
County that have reoccurring
bear related conflicts may be
required to obtain a
commercial bear-resistant
solid waste container.
Special Outdoor
Events
1.Special outdoor events that
are located in areas of the
County that have reoccurring
bear related conflicts may be
required to obtain a
commercial bear-resistant
solid waste container.
2.Bear-resistant container for
special outdoor events would
be determined and required
upon application for a
temporary event permit.
5.B.2
Packet Pg. 92 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
FWC “BearWise”
Grant Application
Update
5.B.2
Packet Pg. 93 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
FWC “BearWise” Grant Details
u FWC provides state-appropriated funding to counties and cities to offset
the cost of bear-resistant containers, with 60% of the funding awarded to
communities that have adopted an ordinance and 40% to those that do
not have an ordinance in place.
u Preference will be given to locations within 18 counties that had the most
human-bear conflicts reported in 2017.
u A minimum 10% match to the requested grant funding amount is required
by the recipient.
5.B.2
Packet Pg. 94 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
FWC Grant
Applicants
u $300,000 of the
funding will be
allocated to local
governments that
have ordinances in
place.
u $200,000 of the
funding will be
allocated to local
governments without
ordinance.
Local Government
Name Request BearWise
Ordinance
Seminole County $300,000 Yes
Lake County $100,000 Yes
City of Apopka (Orange
Co)$100,000 Yes
City of Mt. Dora (Lake
Co)$68,181 No
Volusia County $100,000 No
Okaloosa County $25,000 No
Santa Rosa County $64,500 Yes
Collier County $90,000 No
Walton County $67,500 No
Marion County $20,000 No
5.B.2
Packet Pg. 95 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
Collier County Grant
Application Details
u The total cost of proposal is $100,100
u FWC grant will fund up to $91,000
u Funds will provide 442 95-gallon bear-
resistant trash roll carts
u $9,100 have been appropriated by the
division from the Mandatory Collection
Fund 473-173416-648170
u FWC Awarded $45,000 to Collier
County on September 12, 2018
10%
90%
COUNTY GRANT
5.B.2
Packet Pg. 96 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
Summary
“BearWise” Pilot
Study
1.Currently no financial impact.
2.Continue pilot study for bear-
resistant carts with new
enhancements to obtain 100%
success rate with automated
collection service for District I and II.
3.Bear-resistant solid waste cart cost
approximately $270.00 vs current
solid waste cart of approximately
$65.00.
4.Voluntary residential participation
program when available.
Board-Directed
“BearWise” Draft
Ordinance
1.Board to review “BearWise”
draft ordinance.
2.Provide guidance and
feedback for the bear-
resistant residential,
commercial, and special
events program.
“BearWise” Grant
Award
1.Review of “BearWise” Grant
awarded amount.
2.Staff to provide
recommendations for award
disbursement when bear-
resistant carts have been
tested at 100% success rate.
3.FWC Grant Awarded of
$45,000 with a 10% County
match of $5,000. Total
available funds = $50,000.
5.B.2
Packet Pg. 97 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
Questions
5.B.2
Packet Pg. 98 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 :
5.B.3
Packet Pg. 99 Attachment: BearWise Draft Ordinance- Final (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
5.B.3
Packet Pg. 100 Attachment: BearWise Draft Ordinance- Final (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
5.B.3
Packet Pg. 101 Attachment: BearWise Draft Ordinance- Final (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
5.B.3
Packet Pg. 102 Attachment: BearWise Draft Ordinance- Final (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
5.B.3
Packet Pg. 103 Attachment: BearWise Draft Ordinance- Final (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)
5.B.3
Packet Pg. 104 Attachment: BearWise Draft Ordinance- Final (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)