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Agenda 10/27/2009 Item #17EAgenda Item No. 17E October 27, 2009 Page 1 of 22 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopt an Ordinance to amend Ordinance No. 2004 -50, the Collier County Non - Residential Recycling Ordinance. OBJECTIVE: To amend the Collier County Non - Residential Recycling Ordinance No. 2004 -50 (Ordinance No. 2004 -50) including, but not limited to, changing the title to Collier County Recycling Ordinance, creating minimum standards for recycling on multi- family property, recycling at temporary events, and recycling at venue facilities. CONSIDERATIONS: The Solid Waste Management Department (Department) is responsible for managing the Collier County Landfill (Landfill). Commercial facilities generate approximately 58% of the municipal solid waste buried in the Landfill. As a steward of the Landfill, the Department evaluates recycling and diversion programs that enable the County to conserve valuable landfill capacity. On July 27, 2004, the Board of County Commissioners (BCC) approved Ordinance No. 2004 -50 (Agenda Item 17F) to require recycling at non - residential properties. On December 5, 2006, the BCC approved the Integrated Solid Waste Management Strategy (ISWMS) that included aspects related to source reduction, materials reuse, and recycling. A component of the ISWMS is to enhance commercial recycling education and enforcement, promote residential multi - family recycling, and implement events /venue driven recycling. On June 10, 2008, the BCC directed staff to develop an amendment to Ordinance No. 2004 -50. The amendment to Ordinance No. 2004 -50 is mainly administrative consisting of updating titles and definitions, including multi - family property, venue facilities and temporary events in the awards program, requiring reports from organizers and contractors, and including the enforcement under the Special Magistrate instead of the Code Enforcement Board. The amendment has three main components which will help improve recycling throughout the community by making it more convenient to residents. The three main components are found in: Section Eight: Creating minimum standards for recycling on multi- family property by requiring the placement of recycling containers on site at multi- family complexes and requiring education and signage for residents be provided. The Annual Solid Waste Rate Resolution already sets the mandatory multi - family recycling collection fees paid per unit per month for recycling on multi- family property. Section Nine: Establishes minimum standards for recycling at temporary events by requiring recycling containers at the event, requiring information is provided to vendors and visitors and a recycling plan is submitted with the county permit request. Temporary events are already required to have a waste disposal plan. Requiring recycling simply separates the recyclables from the solid waste. The Department is available to assist by providing temporary events with loaner recycling containers if needed. Section Ten: Establishes minimum standards for recycling at venue facilities. Venue facilities (building or facility designed for temporary events) are already required to recycle under the current Agenda Item No. 17E October 27, 2009 Page 2 of 22 ordinance. The amendment requires a temporary Special Events Recycling Plan be submitted to the Department once per year. The plan will help the Department ensure recycling is sufficient and in place. The amendment will enhance the County -wide mandatory recycling ordinance by increasing recycling, diverting recyclables from the Landfill, and conserving valuable Landfill capacity. FISCAL IMPACT: There is no fiscal impact to the County. The cost for collection services is already incurred by organizers of temporary and special events, and owners or managers of venue facilities. Multi - family properties which are currently serviced by the County's franchised haulers pay for collection and recycling services. GROWTH MANAGEMENT IMPACT: The amendment to Ordinance No. 2004 -50 supports the goals and objectives of the April, 2006, Evaluation and Appraisal Report (EAR) amendments to the Solid Waste Sub - element of the Collier County Growth Management Plan: "1. Develop the means to partially or completely divert solid waste from the landfill (additional recycling or alternative forms of disposal)." Specifically, this amendment supports Objective Policy 3.1c (Maintaining and enhancing the county -wide mandatory non - residential recycling ordinance). LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient - JBW RECOMMENDATION: That the Board of Commissioners adopt an Ordinance to amend Ordinance No. 2004 -50, the Collier County Non - Residential Recycling Ordinance. PREPARED BY: Mary Jo Thurston, Waste Reduction and Recycling Manager, Solid Waste Management Department. 10 Page 1 of 1 Agenda Item No. 17E October 27, 2009 Page 3 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17E Item Summary: Recommendation that the Board of County Commissoners adopt an Ordinance to amend Ordinance No. 2004 -50, the Collier County Non - Residential Recycling Ordinance. Meeting Date: 10/27/2009 9:00:00 AM Approved By Mary Jo Thurston Waste Reduction & Recycling Manager Date Public Utilities Solid Waste Department 101612009 3:46 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 10/8/2009 9:48 AM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney Office 10/9/2009 9:53 AM Approved By Daniel R. Rodriguez Solid Waste Director Date Public Utilities Solid Waste 10!912009 10:30 AM Approved By Joseph Bellone Operations Supervisor Date Public Utilities Public Utilities Operations 1019/2009 11:16 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 101912009 11:48 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 1011212009 9:03 AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1011912009 1:59 PM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 10/19/2009 2:08 PM .Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 1012012009 11:42 AM file: / /C:\AgendaTest \Export\137- October 27,2009\1 7. SUMMARY AGENDA\1 7E\1 7E El... 10/21/2009 Agenda Item No. 17E October 27, 2009 Page 4 of 22 lob , 16D • Friday, October 16, 2009 • Naples Daily News NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, October 27, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consid- er the enactment of aCounty Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN- TY, FLORIDA, AMENDING ORDINANCE NO. 2004 -50, THE "COLLIER COUNTY NOW RESIDENTIAL RECYCLING ORDINANCE," BY AMENDING SECTION ONE "INTENT AND 'PURPOSE", SECTION TWO "TITLE AND CITATION" TO "THE COLLIER COUNTY RE- CYCLING ORDINANCE ", SECTION THREE "APPLICABILITY ", SECTION FIVE "DEFIN- ITIONS", SECTION SEVEN "MINIMUM STANDARDS FOR RECYCLING ON NON -RESI- DENTIAL PROPERTY "; CREATING SECTION EIGHT "MINIMUM STANDARDS FOR RE- CYCLING ON MULTI - FAMILY PROPERTY ", SECTION NINE "MINIMUM STANDARDS FOR RECYCLING AT TEMPORARY EVENTS ", SECTION TEN "MINIMUM STANDARDS FOR RECYCLING AT VENUE FACILITIES "; AMENDING SECTION ELEVEN "EXEM- PTIONS FROM RECYCLING STANDARDS ", SECTION TWELVE "EXTRAORDINARY AND INNOVATIVE RECYCLING ", SECTION THIRTEEN "AWARDS PROGRAM FOR RE- CYCLING ON NON - RESIDENTIAL PROPERTY, MULTI- FAMILY PROPERTY, TEMPO- RARY EVENTS AND AT VENUE FACILITIES ", SECTION FOURTEEN "RECYCLING EDU- CATION AND PROMOTION PROGRAM ", SECTION FIFTEEN "EVALUATION OF NOW RESIDENTIAL, MULTI - FAMILY, TEMPORARY EVENT AND VENUE FACILITY RECY- CLING PROGRAMS "; CREATING SECTION SEVENTEEN "TEMPORARY EVENT AND VENUE FACILITY COLLECTION SERVICE AGREEMENTS "; AMENDING SECTION EIGH- TEEN "STANDARDS FOR RECYCLING CONTRACTORS ", SECTION NINETEEN "SELF - HAULING", SECTION TWENTY "COUNTY RECYCLING CENTERS AND HAZARDOUS WASTE COLLECTIONS ", SECTION TWENTY -ONE "VARIANCES ", SECTION TWENTY - TWO " INSPECTIONS, ENFORCEMENT, AND PENALTIES ", DELETING SECTION TWEN -. TY -THREE "APPEALS "; PROVIDING FOR "CONFLICT AND SEVERABILITY"; PROVID- ING FOR INCLUSION IN THE COUNTY'S CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior'to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If rec- ognized by the Chairman, a spokesperson for a group or organization may be al- lotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be consid- ered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations be- fore the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore may need to ensure that a verbatim record of the proceedings is made, whick record includes the testimo- ny and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provi- sion of certain assistance. Please contact the Collier County Facilities Manage- ment Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) - October 16. 2009 NoIS20825 Agenda Item No. 17E October 27, 2009 Page 5 of 22 ORDINANCE NO. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -50, THE "COLLIER COUNTY NON - RESIDENTIAL RECYCLING ORDINANCE," BY AMENDING SECTION ONE "INTENT AND PURPOSE ", SECTION TWO "TITLE AND CITATION" TO "THE COLLIER COUNTY RECYCLING ORDINANCE ", SECTION THREE "APPLICABILITY ", SECTION FIVE "DEFINITIONS ", SECTION SEVEN "MINIMUM STANDARDS FOR RECYCLING ON NON- RESIDENTIAL PROPERTY "; CREATING SECTION EIGHT "MINIMUM STANDARDS FOR RECYCLING ON MULTI - FAMILY PROPERTY ", SECTION NINE "MINIMUM STANDARDS FOR RECYCLING AT TEMPORARY EVENTS ", SECTION TEN "MINIMUM STANDARDS FOR RECYCLING AT VENUE FACILITIES"; AMENDING SECTION ELEVEN "EXEMPTIONS FROM RECYCLING STANDARDS ", SECTION TWELVE "EXTRAORDINARY AND INNOVATIVE RECYCLING ", SECTION THIRTEEN "AWARDS PROGRAM FOR RECYCLING ON NON - RESIDENTIAL PROPERTY, MULTI - FAMILY PROPERTY, TEMPORARY EVENTS AND AT VENUE FACILITIES ", SECTION FOURTEEN "RECYCLING EDUCATION AND PROMOTION PROGRAM ", SECTION FIFTEEN "EVALUATION OF NON- RESIDENTIAL, MULTI - FAMILY, TEMPORARY, EVENT AND VENUE FACILITY RECYCLING PROGRAMS "; CREATING SECTION SEVENTEEN "TEMPORARY EVENT AND VENUE FACILITY COLLECTION SERVICE AGREEMENTS "; AMENDING SECTION EIGHTEEN "STANDARDS FOR RECYCLING CONTRACTORS ", SECTION NINETEEN "SELF- HAULING ", SECTION TWENTY "COUNTY RECYCLING CENTERS AND HAZARDOUS WASTE COLLECTIONS ", SECTION TWENTY - ONE "VARIANCES ", SECTION TWENTY -TWO "INSPECTIONS, ENFORCEMENT, AND PENALTIES ", DELETING SECTION TWENTY -THREE "APPEALS "; PROVIDING FOR "CONFLICT AND SEVERABILITY "; PROVIDING FOR INCLUSION IN THE COUNTY'S CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 403.706(21), Florida Statutes, authorizes local governments to enact ordinances that require the separation and collection of Recyclable Materials; and WHEREAS, the Board of County Commissioners (Board) enacted the Collier County Non - Residential Recycling Ordinance No. 2004 -50, which provides for the collection of recyclable materials generated on non - residential property; and WHEREAS, on December 5, 2006 the Board of County Commissioners adopted the Integrated Solid Waste Agenda Item No. 17E October 27, 2009 Page 6 of 22 Management Strategy, which includes source reduction, material reuse and recycling options; and WHEREAS, the Board of County Commissioners wishes to increase recycling in Collier County because recycling will save energy and natural resources, provide useful products, and prove economically beneficial; and WHEREAS, the Board also wishes to continue to increase recycling in Collier County because recycling will help ensure that the valuable and limited disposal capacity of the Collier County Landfill is conserved; and WHEREAS, the Board wishes to implement a more extensive recycling program; and WHEREAS, the Ordinance 2004 -50 does not specifically address recycling on multi - family property; at temporary events; or at venue facilities where temporary events may be held; and WHEREAS, the Board wishes to further promote the conservation of valuable landfill disposal capacity by requiring the availability of recycling on multi - family property, at temporary events and at venue facilities; and WHEREAS, the Board finds it necessary for the protection of public health, safety and welfare of Collier County residents to require the recycling of recyclable materials generated on non - residential property, at temporary events and venue facilities. NOAV, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as follows: SECTION ONE: Intent and Purpose. It is the intent and purpose of this Ordinance to promote Rrecycling by: (a) requiring businesses , temporary events, venue facilities, and institutions in tiniaeoFpem4ed Collier County to segregate and recycle as many designated Rrecyclable lknaterials as possible - practicable; (b) requiring multi- family properties to provide collection containers and recycling services to residents: (c) - establishing educational programs concerning Rrecycling; (e)d providing incentives and awards programs that will make Rrecycling more attractive to the businesses, multi - family properties, temporary events, venue facilities, and institutions in uniaeerpamted Collier County; (4133_(e)_1' Or,dinaRee eft business; and (e) f)_eliminating potential conflicts between the requirements of this Ordinance and the requirements of the County's Land Development Code. By utilizing a balanced combination of incentives and regulations, the Board intends to accomplish its Rrecycling goals while minimizing the regulatory requirements in this Ordinance. The Board also intends to provide sufficient time for the businesses, multi- family properties, temporary events, and venue facilities , and institutions in Collier County to comply with the County's new programs. 2 Agenda Item No. 17E October 27, 2009 Page 7 of 22 SECTION TNVO: Title and Citation. "Phis Ordinance shall be known and may be cited as the "Collier County Nee Residentia4 Recycling Ordinance ". SECTION THREE: Applicability. The provisions of Tthis Ordinance shall apply to, and be enforced in, be applieuble ei4y within the unincorporated areas of Collier County and in any municipalities within Collier Count that agree to such application and enforcement, by inter -local agreement between the oveming bodies of the municipality and the County. SECTION FOUR: Construction and Interpretation. This Ordinance shall be liberally construed in order to effectively carry out the intent and purpose of the Ordinance. Where any provision of this Ordinance refers to or incorporates another provision, statute, rule, regulation or other authority, this Ordinance refers to the most current version, including and incorporating any amendments thereto or renumbering thereof. SECTION FIVE: Definitions. For the purposes of this Ordinance, the definitions contained in this Ssection 3 shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely discretionary. Pursuant to Section 403.7031, Florida Statutes, all definitions in this Ssection 3 shall be construed in a manner that is consistent with the definitions contained in Section 403.703, Florida Statutes. In the case of any apparent conflict or inconsistency with the definitions contained in Section 403.703, Florida Statutes, the statutory definition shall apply. A. Board means the Board of County Commissioners of Collier County, Florida. B. Certificate of Operation means the license that a Gcontractor must obtain from the County before it can Gcollect Rrecyclable Mmaterials in the County. C. Code Enforcement Board means the Collier County Code Enforcement Board which may act as the Collier County nuisance abatement board from time to time and which is authorized to hear and decide cases involving violations of any County Code or Ordinance. entfit is -rest] e - D. Code Enforcement Officer means any authorized agent or employee of the County whose duty it is to assure code and ordinance compliance. 3 Agenda item No. 17E October 27, 2009 Page 8 of 22 DE.. Collect means to gather or pick up Rrecyclable Mmaterials for transport and delivery to a Rrecychng Ffacility. RF.. Contractor means a RRerson who Gcollects or transports Rrecyclable Mmaterials, 49f„ ,.OR Refs d, l €'fepel4y fer- profit. F-. G. Count means Collier County, Florida. Q-.H. County Manager means the County Manager of Collier County or the County Manager's designee. 141. Customer means an Gowner or Ggenerator that enters into a £service Aagreement with a Gcontractor for Rrecycling services. U. De Minimis Amount means the amount of sSolid waste which lawfully may be included in separated Rrecyclable Mmaterials. A De Minimis Amount of Solid Waste is 10 percent, by volume or weight, whichever is more restrictive, as determined by a measurement or a visual inspection by the County Manager. 3K. Dwelling means any building, or part thereof, intended, designed, used, or occupied in whole or in part as the residence or living quarters of one or more persons, permanently or transiently, with cooking and sanitary facilities. Such term shall not mean a room in a motel or hotel. KL. Garbage means all kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials. T.M. Generator means each business, multi - family property, temporary event organizer, venue faciliit not- for - profit organization and institution (i.e., all Ppersons except individuals) that generates one or more Rrecyclable Mmaterials as a result of its activities_ en Non Residential n perty- N. Hazardous Waste means solid waste or a combination of solid wastes which because of its quantity, concentration, chemical or physical_ characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness—or may pose a substantial present or potential hazard to human health or the environment when improperly transported disposed of, stored, treated, or otherwise managed. Hazardous waste includes any material or substance identified as a hazardous waste or hazardous substance in the Florida Administrative Code Florida Statutes or other applicable laws MO Materials Recovery Facility means a £solid Wwaste management facility that provides for the extraction from sSolid wWaste of Rrecyclable Mmaterials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. NP. Multi - Family Property means a group of three or more dwelling units within a single conventional building, attached side by side, or one above another, and wherein each dwelling unit may be individually owned or ]eased initially on land which is under common or single ownership. 4 Agenda Item No. 17E October 27, 2009 Page 9 of 22 9Q. Non - Residential Property means real property that is located in an uninee ated- area -of Collier County and used primarily for: (I) commerce, including but not limited to offices, stores, Rrestaurants, motels, hotels, recreational vehicle parks, theaters, and service stations; (2) not - for - profit organizations; and (3) institutional uses, including but not limited to governmental facilities, churches, hospitals and schools. shall not inelude any Residential Units er undeveloped land. I?R. Ordinance means this County Ordinance No. 2004_:5,0 as amended. @S. Organic Waste means Ggarbage orand other similar putresciblc Ssolid Wwaste, including source separated food waste and food - soiled paper. Organic Wwaste does not include yard trash. RT. Owner means a Pperson who owns -Nnon- presidential Pproperty, multi - family property, or a venue facility. An 9owner also may be a Ogenerator. SU. Person means any and all persons, natural or artificial, including any individual, firm, partnership, joint venture, public or private corporation, or other association, or any combination thereof, however organized; any county; and any local, state or federal governmental agency. TV. Primary Recyclable Material means a Rrecyclable Mmaterial that is - arson generateds err -hien- in an amounts greater than 96 gallons per month. UW. Recovered Materials means metal, paper, glass, plastic, textile, or rubber materials that have a known precycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the Ssolid Wwaste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. ARecovered Mmaterials as described above are not Ssolid Wwaste. VX. Recovered Materials Processing Facility means a facility engaged solely in the storage, processing, resale, or reuse of Rrecovered Mmaterials. WY. Recyclable Materials means those materials that are capable of being Rrecycled, which would otherwise be processed as Ssolid Wwaste, and are designated by the Board pursuant to Section Six 6 of this Ordinance. XZ. Recyclable Materials Container means any container for the collection of recyclables, including but not limited to, recycling bins, recycling carts, dUMDSters, roll -offs, or compactors made of metal, hard plastic or other similar material. Containers must be constructed in a manner that protects_ property and the environment from leakage, spillage, and overflow of any type of recyclable materials. Reeyelable M YAA. Rec cy ling means any process by which Ssolid Wwaste, or materials which would otherwise become Ssolid Wwaste, are collected, separated, processed, and reused or returned to use in the form of raw materials or products. 5 Agenda Item No. 17E October 27, 2009 Page 10 of 22 ZBB. Recycling Facility means any facility that recycles Rrecyclable Mmaterials, including but not limited to buy back centers, drop -off centers (both permanent and mobile), designated County Rrecycling ceenters, Mmaterials Rrecovery Ffacilities and Rrecovered Mmaterials Pprocessing Ffacilities, AACC. Residential Unit means a single - family residence, or duplex residence_ and a Multi Family Resi enee. BBDD. Restaurant means any bar, tavern or other eating or drinking establishment where food or beverages are prepared, served, or sold for profit, either for immediate consumption on or in the vicinity of the premises, or called for or taken out by customers, or prepared prior to being delivered to another location for consumption. GLEE. Self - Hauling Certificate means a written certification by an 9owner or gGenerator that attests eent`fming that the 9owner or Cgenerator is collecting and transporting Rrecyclable Mmaterials to a Rrecycling Ffacility, PDFF. Service Agreement means a written agreement between a Ccontractor and an 9owner or Ggenerator concerning the collection of Rrecyclable Mmaterials. £EGG. Solid Waste means sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or Ggarbage, rubbish, refuse, special waste, or other discarded materials, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Solid waste includes but is not limited to biological waste, biomedical waste, bulk waste, C &D debris, commercial waste disaster debris electronic equipment garbage, hazardous waste, land clearing debris, organic waste radioactive waste recyclable materials (until they are recycled), rejects, residential waste, residue, rubbish, special waste, tires white goods and yard trash FFHH. Special Magistrate means a person authorized by the Board to hear and decide cases involving violations of any codes and /or ordinances. II Substantial Hardship means a demonstrated economic, technological, legal, or other type of hardship. JJ Temporary Event means any event requiring (1) a permit or license pursuant to Chapter 10 of the Code of Laws and Ordinances of Collier County, Florida; or (2) a permit pursuant to Section 5 04 05 or 5 04 06 of the Collier County Land Development Code, or (3) any event requiring a permit or Iicense from the Health or Fire Departments., KK Venue Facility means any building or other permanent facility used for temporary events A venue facility may be owned by the povemment, a person or a non -profit organization SECTION SIX: Designation of Reevelable Materials. For the purposes of this Ordinance, Rrecyclable Mmaterials means paper, cardboard, glass, plastic (Nmesnumbers. I through 7), aluminum, and ferrous metal. The Board may designate other materials (e.g., 9organic Wwaste) as Rrecyclable Mmaterials if the Board determines that a market exists for such materials and a cost - effective system is in Agenda Item No. 17E October 27, 2009 Page 11 of 22 place for Rrecycling such materials. Materials shall be deleted from this list of Rrecyclable Mmaterials if the Board determines that a market no longer exists or a cost - effective system is no longer in place for Rrecycling such materials. SECTION SEVEN: Minimum Standards for Recycling on Non- Residenttal Property. A. Each 9owner shall: (1) provide Rrecyclable Mmaterials 6containers on the 9owner's Nnon- Rresidential Rproperty so the Ggenerators located on the 9owner's Nnon- Rresidentiat Pproperty may recycle all of the Rrecyclable Mmaterials that the Ggenerators have designated pursuant to Subsection 7Seven .B:, below; and (2)_ggange for —C-collection services of recycling 4he materials placed in the Rrecyclable Mmaterials Gcontainers or self -haul and transport those materials to a Rrecycling }=facility. B. Each Ggenerator shall diligently at,o.,, " recycle all of the Rprimary Rrecyclable Mmaterials that it produces. At least once each year, each Ggenerator shall: (1) consider the list of Rrecyclable Mmaterials designated by the County pursuant to Section 6Six of this Ordinance; -(2) consider the types of Rrecyclable Mmaterials generated by its activities on Nnon- Rresidentia] Rproperty; (3) identify the Pprimary Rrecyclable Mmaterials that the Ggenerator produces; and (4) identify (i.e., designate) the Pprimary Rrecyclable Mmaterials that the Ggenerator will must recycle. Thereafter, each Ggenerator shall separate the designated Pprimary Rrecyclable Mmaterials from the Ggenerator's .9s lid Wwaste, and the Gener.,teF s °" place the designated Rprimary Rrecyclable Mmaterials in Rrecyclable Mmaterials Gcontainers provided for collection. C. If a Ggenerator's activities do not produce any Pprimary Rrecyclable Mmaterials, the Ggenerator shall designate and recycle one or more Rrecyclable Mmaterials in the manner described in Subsection 7Seven :B, above, unless the Ggenerator is exempt pursuant to Subsection 8 Eleven .A, below. D. Each Ggenerator shall coordinate with the 9owner of the ]Anon- Rresidcntial Rproperty where the Ggenerator's activities occur, and each 9owner shall coordinate with the Ggenerator s-on its }Anon- Rresidential Pproperty, to ensure that the Ggenerator's Rrecyclable Mmaterials are taken to a Rrecycling Efacility. E. No Pperson shall dispose of Rrecyclable Mmaterials that have been separated from Ssolid Wwaste pursuant to the provisions of Subsections -7 Seven .B or 7Seven :C, above. F. No Rperson shall place Ssolid Wwaste, or hazardous waste in a Rrecyclable Mmaterials Gcontainer. G. No Pperson shall cause litter or a nuisance. Each Rperson shall take all necessary steps to ensure that their own Rrecycling activities do not cause litter or a nuisance. Each Rperson shall immediately pick up any litter and eliminate any nuisance caused by their ewft activities. H. Each 9owner shall, upon request, provide the County Manager with a copy of a Sservice Aggreement, or Sself- l-Ihauling Ccettificate with receipts from a recycling facility,-- or—eth eek meat (e.g., - eipt� -»� a Reeyelin VA Agenda Item No. 17E October 27, 2009 Page 12 of 22 Facility) demonstrating that the Pprimary Rrecyclable Mmaterials generated on the 9owner's hlnon- presidential Pproperty are being taken to a precycling Ffacility. The &service AWeement, or - Sself -H auling Ccertificate, ar other- dseumeti shall be available for inspection by the County Manager at the 9owner's Anon- presidential Pproperty during_ normal business hours. The 9owner also shall mail or deliver these documents to any Ggenerator located on the 9owner's Nnon- presidential Pproperty, within fourteen (14) days, if the Ggenerator requests the documents. I. Each Ggenerator shall, upon request, provide the County Manager with a copy of a Sservice Aggreement, or a Sself- 14hauIing Ecertificate with receipts from a recycling facility. or other doeument (e.g., eeeipt ften demonstrating that the Ggenerator's Pprimary precyciable Mmaterials are being taken to a precycling Ffacility. The &service Aggreement; or - 8self- I4hauling Gcertificate; and -or-other documents shall be available for inspection by the County Manager at the Ggenerator's Nnon- presidential Pproperty during the Ggenerator's normal business hours. J. An 9owner may satisfy its obligations under this Ordinance by performing the required activities itself or by using the services of a Gcontractor or other Pperson who complies with the requirements of this Ordinance. However, notwithstanding anything else contained herein, the 9owner shall be responsible for ensuring and demonstrating its compliance with the requirements of this Ordinance. K. A Ggenerator may satisfy its obligations under this Ordinance by performing the required activities itself or by using the services of a Gcontractor or other -'person who complies with the requirements of this Ordinance. However, notwithstanding anything else contained herein, each Ggencrator shall be responsible for ensuring and demonstrating its compliance with the requirements of this Ordinance. SECTION EIGHT: Minimum Standards for Recycling on Multi - Family Property. A. Each owner shall• (1) provide recyclable materials collection containers on the owner's multi family Property, and 2 arrange for recycling collection services. B. Each owner shall display prominent signage indicating the Iocation of recycling collection container locations. C. Each owner shall provide printed recycling education informational materials to residents at a minimum of two times per year. 3 Agenda Item No. 17E October 27, 2009 Page 13 of 22 D. No person shall dispose of recyclable materials that have been separated from solid waste E. No person shall place solid or hazardous waste in a recycling collection container, F. Each owner shall take all necessary steps to ensure that recycling activities do not cause litter or a nuisance. Each owner shall immediately pick -up any litter and eliminate any nuisance caused by any recycling, activity, G. Each owner shall annually_ provide the Collier County Solid Waste Management Department current contact information for all multi - family property. H. The County's exclusive franchised contractor for the collection of residential pro ram recyclables includes the collection of pro arg am recyclables generated by those customers that occupy multi - family residences even if the customers receive non - curbside residential collection service. SECTION NINE: Minimum Standards for Recycling at Temporary Events. A. Any person seeking a permit for a temporary event within Collier Count' shall complete and submit with their permit application the Solid Waste Management Department's Temporary Special Event Recycling Plan In addition promotional literature signage and temporary event announcements shall contain information about recycling at the temporary event. B. The Solid waste Management Department shall review the Temporary Special Event Recycling Plan and determine whether the plan includes reasonable measures to promote recycling especially for paper, cardboard and beverage containers made of plastic glass and aluminum C. The County Manager shall be allowed to attend the temporary event at no charge, solely for the purpose of assisting with and verifying the recycling_ efforts A-. D. If the temporary event will not generate more than one ninety -six (96) gallon container of non - separated solid waste for disposal a administrative variance may be requested from the requirements to collect recyclable materials The County Manager will establish a procedure for the consideration of an administrative variance from the requirements in this section if the Counly Manager concludes agood faith effort has been made to satisfy the requirements herein. E. The wrmittee shall provide at least one recyclable materials collection container for each solid waste container provided at the temporary, event The recyclable materials collection containers shall be clearly labeled and paced in the same locations as each solid waste container. The pennittee shall arrange for the contents of the recyclable Agenda Item No. 17E October 27, 2009 Page 14 of 22 materials collection containers to be delivered to a recycling center or similar facility. G. If the permittee self -hauls recyclables from temporary events to a recycling center or similar facility, the permittee shall deliver a copy of the recycling center /facility receipt to the Solid Waste Management Department by . fax, email or mail within 30 days of the event. H All temporary event organizers are encouraged to hold a pre -event recycling workshop for vendors and volunteers. SECTION TEN: AUnimum Standards for Reeveling at Venue Facilities. A. The owner of each venue facility shall prepare and implement a Temporary Special Events Recycling Plan. The Temporary Special Events Recycling Plan shall require recycling during each temporary event and other lawful uses of the venue facility. The Temporary Special Events Recycling Plan must be submitted annually to the Solid Waste Management Department. The County Manager shall review the Temporary Special Event Recycling Plan to determine whether the plan includes reasonable measures to encourage recycling. At a minimum, the Temporary Special Event Recycling Plan shall be designed to promote recycling of paper, cardboard, and beverage containers made of plastic ass or aluminum. The owner of a venue facility shall be responsible for ensuring that the Temporary Special Event Recycling Plan is implemented when the venue facility is used. B. Venue facility managers are encouraged to hold a Mevent recycling workshop for vendors and volunteers. SECTION EWRT ELEVEN: Exemptions from ReeyelinQ Standards A. Netwiths4anding any othef provision herein, Qrdinanae if the !!e„efat... . e He e than .. Waste, the wntaiRe s .,d the teat f the tame. ll tea f 1.a WFa (2) vn- O. r- ias�cssv $vuscma- vx- c = =c.-cw�amaz���cvcz vcca�xv-invc'v- cn�nc- c „tr�s7 tines per-week. An exemption may be allowed where compliance with the ordinance would result in unnecessary hardship to the business and the need for an exemption would not be shared generally by other businesses. All exemptions are to be construed as temporary, for a period of one (1) year, and shall be considered withdrawn on the first to occur of (a) a change in the condition(s) which prompted the exemption, or (b) the expiration of the time period granted in the exemption. Should an exemption be withdrawn because the fte eriod has expired, an applicant may apply for renewal of the exemption. B. Notwithstanding any other provision herein, an owner shall be exempt from the requirements of this Ordinance if: (1) all of the generators on the owner's non - residential property are exempt from or not required to comply ID Agenda Item No. 17E October 27, 2009 Page 15 of 22 with the provisions of this ordinance or (2) primary recyclable materials are not being generated by any activities occurring on the owner's non - residential property. BC. Notwithstanding any other provision herein, a Ggenerator shall not be required to recycle a Rrecyclable Mmaterial if the (generator demonstrates to the County Manager that there is no collection service systex3 available for Rrecycling such material. SECTION NINETWELVE: Extraordinary and Innovative Recycling. A. All 92owners, and-- Cgenerators, and any person organizing a tempora event, including those who are exempt from some or all of the requirements in this Ordinance, are encouraged to recycle all of their Rrecyclable Mmaterials„ , and ear-dbear& B. Owners, an"generators, and any person organizing a temporary event are encouraged to work with the County to develop new and innovative methods to recycle other Rrecyclable Mmaterials, such as Aorganic Wwaste, C. All municipalities in Collier County are encouraged to adopt and implement Rrecycling programs for the businesses and iiistitutien snon- residential properties, multi - family properties, temporary events, and venue facilities located within the ' unicipalities' corporate boundaries. If requested, the County Manager shall provide advice and technical assistance with the development of the Rrecycling programs for these municipalities. SECTION TENTHIRTEENt Awards Proeram for Recycling on Non - Residential Property, Multi - Family Property, Temporary Events and at Venue Facilities. The County Manager is hereby authorized to establish and implement an awards program to recognize 9owners, afid Ggenerators, and any person organizing a temporary event —in the County -*vhe that implements exceptional or innovative Rrecycling programs for Anon- Rresidential Pproperty, multi - family Property, at temporary events and at venue facilities. SECTION #FOURTEEN: Recycling Education and Promotion Proeram. The County Manager is hereby authorized to establish and implement a Rrecycling education and promotion program for 9owners, and generators, and any person organizing a temporary event -in the County. The education and 11 Agenda Item No. 17E October 27, 2009 Page 16 of 22 promotion program may include, but is not limited to, public workshops, public service announcements, multi -media advertising, and direct mailings concerning the methods and benefits of Rrecycling on Anon - Rresidential Rproperty, multi- family property, temporary events and venue facilities. SECTION FIFTEEN: Evaluation of Non - Residential, Multi - Family, Te►ttporary Event, and Venue Facility Recycling Programs. As needed, the County Manager shall provide a report to the Board concerning the County's Rrecycling program for 4non-Rresi dent i al 1?property, multi - family property, temporary events and venue facilities. -The report shall address the effectiveness of the County's Rrecycling programs for Nnon- Rresidential Pproperty, multi - family property, temporary events and venue facilities. the general costs and benefits associated with thisese - programs, and any changes that should be implemented to improve the effectiveness of the programs. SECTION T#IRT ENSIXTEEN: Recycling Service Agreements. A Econtractor shall provide a written service f4ggreement to a 1customer before the C-contractor begins to collect that C— customer's Rrecyclable Mmaterials. The &service A�jgreement shall describe the services to be provided by the Ccontractor, the fees to be paid by the Ccustomer, and the other terms of the parties' agreement. SECTION SEVENTEEN: Temporary Event, and Venue Facility Collection Service Agreements. Any contractor engaged by the organizer of a temporary event to provide solid waste and/or recycling collection service is required to submit a copy of the invoice to the Solid Waste Management Department within thirty (30) days after submittal of the invoice to the contracting party. Each invoice will contain an estimate of the municipal solid waste and/or recyclables generated at the event. SECTION F9UR�. EIGHTEEN: Standards for Recycling Contractors. A. The County Manager shall approve a standard form that will be used as the County's Certificate of Operation. The Certificate of Operation shall contain the conditions and limitations that are deemed appropriate by the County Manager. The Certificate of Operation shall remain in effect for a period of one (1) year, and must be submitted annually from the date of submission unless the Board approves a longer duration by resolution AB. No pperson may {✓collect or transport Rrecyclable Mrnaterials in the County for profit unless such pperson has obtained a Certificate of Operation from the County's Solid Waste Management Department. However, a certified Rrecovered Mmaterials dealer, as defined in Section 403.7046, Florida Statutes, is not required to obtain a Certificate of Operation before engaging in business in the County. 11% Agenda Item No. 17E October 27, 2009 Page 17 of 22 $C. A not - for - profit P2erson is not required to obtain a Certificate of Operation before collecting or transporting Rrecyclable Mmaterials in the County. 6D. Any laperson may file an application with the Solid Waste Management Department Eon for a Certificate of Operation. The application shall be submitted on athe form prepared by the County Manager. The applicant shall provide all of the information and documentation that is requested by the County Manager, including but not Iimited to the following: 1. The name, address and telephone number of the applicant; 2. A description of the vehicles that the applicant will use to CcolIect Rrecyclable Mmaterials, including the make, model, and serial number of each vehicle; and 43. A written statement certifying that the applicant has reviewed and will comply with all of the requirements in the Certificate of Operation and this Ordinance. DE. If the County Manager determines that the applicant complies with the terms of this Ordinance and all applicable laws, the County Manager shall grant a Certificate of Operation. The County Manager shall deny an application for a Certificate of Operation if the County Manager determines that the applicant does not comply with the terms of this Ordinance or other applicable law. The County Manager may revoke a Certificate of Operation if the County Manager determines, after providing notice and an opportunity for a hearing, that a Gcontractor has violated the provisions in a Certificate of Operation or any applicable law. BF. The County Manager shall approve a standard feEm that will be used as the County's F. A Gcontractor shall provide each of its Ccustomers with Rrecyclable Mmaterials Econtainers that are _w sufficient to accommodate the quantity and types of Rrecyclable Mmaterials that will be recycled by the {✓customer. G. A Gcontractor shall conduct all of its activities in accordance with all applicable laws and best 13 Agenda Item No. 17E October 27, 2009 Page 18 of 22 management practices, A Gcontractor's vehicles, equipment, and collection containers shall be kept in a clean and well- maintained condition. H. A Gcontractor shall not take a Gcustomer's Rrecyclable Mmaterials to a landfill or other site for disposal, unless the Gcontractor has received a variance pursuant to Section 4-621 of this Ordinance, I. Unless exempt from this requirement pursuant to Chapter 62 -722, Florida Administrative Code, a Gcontractor shall provide quarterly reports to the County identifying, at a minimum, the types and amounts of Rrecyclable Mmaterial it collected, and each Rrecycling Ffacility to which the ;recyclable Mmaterial was taken. The County Manager may require the Gcontractor to provide such other information as the County Manager reasonably determines is necessary, provided such request is consistent with the provisions of Chapter 62 -722, Florida Administrative Code, J. A contractor shall not provide collection services prior to 6:00a .m. or after 6.00 p.m. for a property located within two hundred (200) feet of a dwelline unless otherwise authorized by the County Manager. Contractors may provide services at other locations at env reasonable time, subject to approval by the County Manager. Contractors shall not provide collection services on Sundays unless otherwise nuthorized by the County Manager. SECTION €WTTsENNINETEEN: Self- Hailing. A. If an 9owner Gcollects the Rrecyclable Mmaterials generated on its Nnon- Rresidential Fproperty, at temporary events, or at venue facilities and transports those materials to a Rrecycling Ffacility, without using a Gcontractor, the 9owner shall-,-upea-fegaest; prepare a Self-Hauling Certificate for the County Manager. B. If a Ggenerator Ccollects and transports its Rrecyclable Mmaterials to a Rrecycling Ffacility, without using a Gcontractor, the Ggenerator shall-,+tpeti r-equest, prepare a Self - Hauling Certificate for the County Manager. C. The County Manager shall approve a standard form that shall be used as a Self - Hauling Certificate. At a minimum, the 9owner or 6generator shall provide the following information in the Self - Hauling Certificate: The name, address, affd telephone number and email address of the 9owner or (generator that is signing the Self - Hauling Certificate; 2. The address of the Nnon- Rresidential Fproperty, temporary event or venue facility where the Rrecyclable Mmaterials are generated; 3. Vie names of the Ggenerators that are transporting Rrecyclable Mmaterials pursuant to the Self- Hauling Certificate; Mmaterials; 4. A brief description of the activities or businesses that are generating the Rrecyclable 5_ A list of the types of Rrecyclable Mmaterials that are being transported and an estimated 14 Agenda Item No. 17E October 27, 2009 Page 19 of 22 tonnage or yardage value for each type of recyclable material being taken from the non - residential property temporary event, or venue facility to a recycling center; 6. r-Br- eaeh �5-pe ef Reayelable Mate;:ial, the ametint ihat is being taken from the Non Reside 7-6. The name and address of the Rrecycling facility; and 8:7. The Occupational License number(s) for the Nnon- Rresidential Rproperty or venue facility and/or event permit number(s) for temporary events. D. The Self - Hauling Certificate shall contain a written statement, signed by the 8owner or 6generator, certifying that the 9owner or 6generator is in compliance with the requirements of this Ordinance. E. The County Manager may restrict or prohibit self - hauling by a pperson if the County Manager determines, after providing notice and an opportunity for a hearing, that the lzperson's self - hauling activities violate the provisions of this Ordinance or any other applicable law. SECTION SbXLPF£1TWENTY: County Recycling - Centers and Hazardous Waste Collections. A. The County has established recycling centers for the benefit of the community. The County may impose conditions and limitations upon any Rperson that wishes to use the County's recycling centers, including limitations on the types and amounts of #recyclable Mmaterials that will be accepted at the recycling centers. The County also may charge fees for the use of its recycling centers. The conditions, limitations, and fees applicable to the recycling centers shall be established by resolution of the Board. B. The County may maintain Hazardous Waste Collection Centers and may, periodically, host special roundups to accept hazardous materials from residents, including pharmaceuticals for Operation Medicine Cabinet for proper disposal, C. Conditionally xempt and small quantity generators may bring hazardous materials to the recycling centers upon appointment with the hazardous materials collection and/or disposal company. Acceptance of the hazardous materials and payment for this service will be the responsibility of the hazardous material collection and/or disposal company and the generator. RD. A 6contractor shall not deliver Rrecyclable Mmaterials or &solid Wwaste to the County's recycling centers, unless the deliveries are approved in advance by the County Manager. SECTION SEVENTZEATWENTY -ONE: Variances. A. The County Manager shall grant an administrative variance from the requirements in this Ordinance 15 Agenda Item No. 17E October 27, 2009 Page 20 of 22 when an 9owner, Ogenerator or other Pperson demonstrates that the application of the Ordinance would create a Ssubstanti al I4h ardsh ip. B. Any 9owner or 6generator who demonstrates that, due to site specific conditions, the 9owner or 6generator cannot simultaneously comply with this Ordinance and the provision of any section of the Collier County Land Development Code or the provision of a duly adopted planned unit development, may seek a variance pursuant to Section 9.04.00 of the Land Development Code. In the alternative, the County Manager may grant an administrative variance from the requirements of this Ordinance. C. An application for an administrative variance pursuant to this Ordinance subsections 17.A , 7 b' or- above, shall be submitted to the County Manager on a form prescribed by the County Manager. An application for a variance from the County's Land Development Code pursuant to Sulmeetion 19 Rthis Ordinances above. shall be governed by Section 9.04.00 of the Collier County Land Development Code. The fee for a variance shall be established by resolution of the Board, D. Pursuant to Section Five of the 2004 Land Development Code adopting Ordinance (Ordinance No. 2004 - 50), the requirements of Section 4.05.04 (minimum requirements for parking spaces) and Section 4.06.00 (minimum requirements for visual screening) of the Land Development Code do not apply to a Pperson that filed an application for a site plan approval before July 29,2005 the effective enforcement date of this Ordinance, but only if and only to the extent that the I? person's compliance with this Ordinance precludes the Pperson from complying with the requirements in Sections 4.05.04 and 4.06.00 of the Land Development Code. SECTION E4GHT-RFPlTWENTY -TW0: Inspections, Enforcement and Penalties. A. The County Manager is authorized to conduct inspections on Anon- Rresidential Pproperty, multi- family property, at temporary events and at venue facilities for the purpose of determining whether ^ °°"- compliance with the requirements of this Ordinance. The County Manager also is authorized to inspect any vehicle, equipment or collection container used to C— collect or transport Rrecyclable Mmaterials in the County for the purpose of ensuring that the vehicle, equipment or container is not producing litter or leaking liquids or other residuals during transport. B. It shall be prima facie evidence of a violation of this Ordinance if an Oowner or 6generator fails to have a Erecyclable Mmaterials collection Ccontainer in use on their Nnon- Rresidential Pproper y, multi - family property, temporary event or venue facility. C. To provide the public with a reasonable opportunity to comply with this Ordinance, the County shall not seek any penalties for violations of this Ordinance amendment that occur within t.velvesix months of the effective date HIRI Agenda Item No. 17E October 27, 2009 Page 21 of 22 of this Ordinance amendment. The deadline for compliance with this Ordinance may be postponed by resolution of the Board. D. The County Manager shall have the poNvcr to enforce the provisions of this Ordinance through the County's Code Enforcement Board or Special Magistrate using the enforcement process and penalties established by the Collier County Consolidated Code Enforcement Ordinance as it may be amended or replaced. The County Manager also may enforce this Ordinance by using any other enforcement procedure that is approved by the Board in the future pursuant to a County e0rdinance. A. The County Manager is he-e-195, the auther4ty te Y-esejw af+y the prepeF inteFpr,etafien and application of this Ofdinanee. u7­�--F— shall be inifiated by filing a w6t4en petitian with the Geunty ManageF WithiR ten (10) days affff the GURty MaRageF - itten deeisien eeneemiflg ;he matter in dispute :Ahe petition shall deseFibe the faets and issues in d4pute and shall e*plaia why flie petitioner is entitled te relief-. :pie petition shall be pr-ese 1ttCli to the Board fe expeditieusly as possible, bu4 the petitienef shall be given a! least ten (10) days advanee fiefiee ef the Beafd's ffleetin . — the petifien. At the Bear-d's meeting, the petitioner shall have the bur-den of preving that it is entitled to the relie€-requested: W1615 SECTION TWENTY44IETHREE: Conflict and Severabilitvs In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance or the particular application thereof, shall be held im°alid or unconstitutional by any court, administration agency or other body with appropriate jurisdiction the remaining section subsection sentences clauses, or phrases and tl)oir application shall not be affected thereby unty ineonsistene), or- eanAiet, or-waived when ffie subjeet ef a wf4anee granted pur-suan! ie Section 16 of this rdinanee. 17 .. s SECTION TWENTY44IETHREE: Conflict and Severabilitvs In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance or the particular application thereof, shall be held im°alid or unconstitutional by any court, administration agency or other body with appropriate jurisdiction the remaining section subsection sentences clauses, or phrases and tl)oir application shall not be affected thereby unty ineonsistene), or- eanAiet, or-waived when ffie subjeet ef a wf4anee granted pur-suan! ie Section 16 of this rdinanee. 17 Agenda Item No. 17E October 27, 2009 Page 22 of 22 SECTION TWENTY-TW OFOUR+ Inclusion in the County's Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish this goal, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION TWENTYEFIVE: Effective Date. This Ordinance shall become effective upon receipt of notice of its filing from the office of the Secretary of State of the State of Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK ,DEPUTY CLERK Approval as to form and legal Sufficiency: VV�..�. JennifIN White Assistant Count), Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 18 DONNA FIALA, CHAIRMAN