Backup Documents 10/22/2019 Item #17B 178
,,\ 1 /
COLLIER COUNTY FLORIDA ,,,
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS '
ir
r
To: Clerk to the Board: Please place the following as a: `l i
XXX Normal legal Advertisement ❑ Other:
(Display Adv.,location,etc.)
Originating Dept/Div County Attorney Person: Jeffrey A.Klatzkow,County Attorney Date: September 24,2019
Petition No.(If none,give brief description): Ordinance—BearWise Program
Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date:(Based on advertisement appearing 15+days before hearing.)October 22,2019(ad to run no later than
Wednesday,October 2,2019)
Newspaper(s)to be used: (Complete only if important):
XXX Naples Daily News 0 Other XXX Legally Required
Proposed Text:(Include legal description&common location&Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AMENDING
ORDINANCE NO.2005-54,AS AMENDED,WHICH PROVIDES FOR AND REGULATES SOLID WASTE COLLECTION,
DISPOSAL AND ADMINISTRATION WITHIN COLLIER COUNTY, BY INCLUDING PROVISIONS FOR THE
UTILIZATION OF BEAR-RESISTANT SOLID WASTE CONTAINERS, AMENDING SECTION ONE TO INCLUDE
DEFINITIONS FOR CURBSIDE AND COMMERCIAL BEAR-RESISTANT SOLID WASTE CONTAINERS;AMENDING
SECTION NINETEEN TO AUTHORIZE VOLUNTARY RESIDENTIAL USE AND REQUIRE SOME COMMERCIAL AND
SPECIAL EVENT USE OF BEAR-RESISTANT SOLID WASTE CONTAINERS; PROVIDING FOR CONFLICT AND
SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR
AN EFFECTIVE DATE.
Companion petition(s),if any&proposed hearing date: N/A
Does Petition Fee'4 dude advertising cost?❑Yes XXX No If Yes,what account should be charged for advertising costs:
PO#4500196148
Review=, ••y: 1. 4 -
:. I IP . c
Division A,1 finis • or Designee Date
List Attachm I ts: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request
for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
0 County Manager agenda file: to 0 Requesting Division 0 Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
*********,►******************************************************************************** ***************
FOR CLERK'S OFFICE USE LY: oi
Date Received: Date of Public hearing: f°idgb°)
Date Advertised:10 OL)!
178
ORDINANCE NO. 2019-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2005-54,
AS AMENDED, WHICH PROVIDES FOR AND REGULATES SOLID
WASTE COLLECTION, DISPOSAL AND ADMINISTRATION WITHIN
COLLIER COUNTY, BY INCLUDING PROVISIONS FOR THE
UTILIZATION OF BEAR-RESISTANT SOLID WASTE CONTAINERS,
AMENDING SECTION ONE TO INCLUDE DEFINITIONS FOR
CURBSIDE AND COMMERCIAL BEAR-RESISTANT SOLID WASTE
CONTAINERS; AMENDING SECTION NINETEEN TO AUTHORIZE
VOLUNTARY RESIDENTIAL USE AND REQUIRE SOME
COMMERCIAL AND SPECIAL EVENT USE OF BEAR-RESISTANT
SOLID WASTE CONTAINERS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS,at its June 12,2018,the Board of County Commissioners heard a presentation
from a representative from the Florida Fish and Wildlife Conservation Commission(FWC) about
"Bearwise"Practices for mitigating human-bear conflicts; and
WHEREAS, according to the FWC, black bears have recovered from population declines
which has increased the number of human-bear interactions within the urban and rural areas of
Collier County; and
WHEREAS,black bears are attracted to unsecure garbage containers and are able to access
traditional containers, which contributes to the number of interactions; and
WHEREAS, the Board finds it is in the best interests of the health, safety, and welfare of
the citizens of Collier County, Florida, to enact regulations for the voluntary utilization of bear-
resistant solid waste containers throughout the County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,THAT:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE 2005-54, AS
AMENDED.
Section One of Ordinance 2005-54, as amended, is hereby amended to read as follows,
with Section One renumbered as appropriate:
Words Underlined are added;Words Struck 1'hreugh are deleted.
Pagelof6 CP►
178
SECTION ONE: DEFINITIONS.
A. For the purposes of this Ordinance,the definitions contained in this Section 1 shall
apply unless otherwise specifically stated. When not inconsistent to the context,words used in the
present tense include the future,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.
[. . .1
12. Commercial Bear-Resistant Solid Waste Container: A commercial solid
waste container with a reinforced lid and latching mechanism, or other County-approved method
that prevents access to the contents by bears.
F. .1
18. Curbside Bear-Resistant Solid Waste Container: A solid waste container
with a reinforced lid and a latching mechanism or other County-approved method that prevents
access to the contents by bears.
SECTION TWO: AMENDMENT TO SECTION NINETEEN OF ORDINANCE NO.
2005-54, AS AMENDED.
Section Nineteen of Ordinance No. 2005-54, as amended, is hereby amended to read as
follows,with Section Nineteen renumbered or relettered as appropriate:
SECTION NINETEEN: RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER
FOR SOLID WASTE COLLECTION.
The Contractor shall collect Solid Waste from Residential Real Property and Commercial
Real Property, and Customers shall set out their Solid Waste for collection by the Contractor, as
follows:
[. . .1
C. Residential Real Property:
1. Except as otherwise provided herein or in the Service Agreement, the
Contractor shall collect,remove and dispose of the Solid Waste set out for collection by residential
Customers. At a minimum, Residential Real Property in the Benefit Units shall be provided
collection service at Curbside for the following materials, subject to the provisions of the Service
Agreement: (a)Garbage and Rubbish;(b)Yard Trash/Biomass;(c)Program Recyclables;(d)Bulk
Waste; (e) White Goods; (f) Tires; (g) Batteries; and (h) Electronic Equipment. Hazardous Waste
i'.
Words Underlined are added;Words Stcnek-Through are deleted.
Page 2 of 6 GQ'
178
shall not be placed in roll carts or curbside containers for collection by the contractor. Hazardous
} Waste should be taken to a county Recycling Drop-Off Center or the Hazardous Materials
Collection Center for disposal,this includes pharmaceutical and medicinal waste and hypodermic
devices (SHARPS) suitably contained in a heavy plastic container.
2. Except as otherwise provided herein, residential Customers shall use
Garbage Roll Carts for the collection of Garbage and Rubbish. Residential Customers may use
heavy-duty plastic bags for excess Garbage or Rubbish. Yard Trash/Biomass containers may be
used for the collection of garbage and rubbish in areas that are approved for such service by the
Manager. All Solid Waste containers and or plastic bags containing household garbage shall be
secured from bear intrusion until the container and or bags are permitted to be placed curbside for
collection. Residential Customers shall have the option of using a County-approved, Curbside
Bear-Resistant Solid Waste Container, if available. Customers that choose to utilize a Curbside
Bear-Resistant Solid Waste Container may be responsible for additional costs associated
therewith,including,but not limited to,the cost to purchase the Curbside Bear-Resistant Container
and any additional service fee if imposed by the Contractor.
3. Curbside Containers and Yard Trash/BioMass Containers are subject to the
Manager's approval and shall: (a) be constructed so as to prevent intrusion by water; and (b) have
a cover that is free from sharp edges; and (c) not have inside structures that prevent the free
discharge of the container's contents. Curbside Containers, except Roll Carts, shall not exceed
forty-five (45) gallons in capacity and fifty (50) pounds in weight when filled. The amount of
discarded waste placed in a Garbage Roll Cart or Recycling Roll Cart shall not exceed the weight
( limit as specified on the Roll Cart.
4. Program Recyclables shall be set out for collection in a Recycling Roll Cart.
Program Recyclables may be set out in a Recycling Bin in areas approved by the Manager for such
service. Cardboard placed in a Recycling Roll Cart or Recycling Bin shall be flattened and, if
necessary,cut to a size to fit into the Recycling Roll Cart without binding or preventing the release
of the recycling during collection. Cardboard may also be stacked and placed outside the
Recycling Cart or Recycling Bin, any cardboard so stacked must be cut to a maximum size of 3 ft.
x 3 ft. Residential Customers may use heavy-duty clear plastic bags for excess recyclables.
Recyclable materials placed in the recycle containers and stored outside and/or placed at a
designated collection location shall be sufficiently free from residue of food and other materials
so that they are not an attractant to bears.
5. Discarded materials from small household repairs, renovations or projects
may be placed in a Garbage Roll Cart. No other Commercial and Demolition (C&D) Debris shall
be placed at the Curbside. C&D generated by the property owner or tenant that cannot be contained
within a Roll Cart shall be transported by the property owner or tenant to an approved county
facility for disposal. C&D Debris generated on Residential Real Property by a licensed builder or
contractor shall be removed by the builder or contractor.
6. Garbage Roll Carts, Curbside Containers, Recycling Roll Carts, Recycling
Bins, Yard Trash/Biomass Containers, Curbside Bear-Resistant Solid Waste Containers and any
non-containerized waste appropriate for Curbside collection shall be placed Curbside prior to 6:00
Words Underlined are added;Words Shtick Through arc deleted.
Page 3 of 6 Cp
178
a.m. on the scheduled collection day. However, these containers and materials shall be placed at
Curbside no earlier than 6:00 p.m. the day prior to the Customer's next regularly scheduled
collection day. Such containers and materials shall be placed at least three(3)feet from mailboxes
or other obstacles. The Customer shall remove from the Curbside all Curbside Containers,
Garbage Roll Carts, Recycling Roll Carts, Curbside Bear-Resistant Solid Waste Containers and
Recycling Bins by 6:00 a.m. on the day after the scheduled service is completed.
7. A residential Customer shall not set out for collection more than four (4)
Tires with or without rims less than 33 inches in diameter and two(2)lead acid batteries per month.
8. A residential Customer shall contact the Manager at least forty-eight (48)
hours before the Customer's regularly scheduled collection day if the Customer wishes to receive
Curbside collection of White Goods, Electronic Equipment, Tires, or lead acid batteries.
9. Garbage and similar putrescible waste shall not be collected, stored, or set
out in an open, uncovered Collection Container.
10. Solid Waste and Yard Trash/Biomass shall not be placed in the same
Curbside Container.
11. Yard Trash/Biomass shall not be placed in Garbage Roll Carts, Recycling
Roll Carts,or Recycling Bins.Yard Trash/Biomass placed in Yard Trash/Biomass Containers shall
not exceed fifty(50)pounds in weight, four(4)feet in length,or four(4) inches in diameter. Yard
Trash/Biomass shall not be set out for collection in plastic bags. A combination of no more than
ten (10) bundles,paper bags or personal containers will be collected at one time.
12. Yard Trash/Biomass that is not placed in a Yard Trash/Biomass Container
shall be bundled and securely tied with twine or other material strong enough to support the weight
of the bundle. Non-containerized Yard Trash/Biomass shall not exceed fifty (50) pounds in
weight, four (4) feet in length, or four(4) inches in diameter. The foregoing restrictions also shall
apply to other types of non-containerized Solid Waste, except Bulk Waste and Extraordinary
Waste.
13. Customers shall not overfill Garbage Roll Carts, Recycling Roll Carts,
Curbside Bear-Resistant Solid Waste Containers or Commercial Containers such that lids cannot
be fully closed. Overfilled roll carts and containers are a potential hazard when lifted by the
automatic arm of the collection vehicles in addition to being an attractant to wildlife. Overfilled
Commercial Containers can be assessed a fine if found in violation.
14. The Contractor shall provide for the collection of Bulk Waste,White Goods,
and Electronic Equipment, subject to the provisions of this Ordinance and the Service Agreement.
Such materials shall be placed at Curbside and shall not include vehicles,vehicle component parts,
boats or boat trailers or their component parts, or liquid waste. Further, Bulk Waste shall be
disassembled, if possible, into sections or pieces of less than fifty (50) pounds in weight and four
(4)feet in length,prior to pick up by the Contractor. Prior to placement at the Curbside, doors on
Words Underlined are added;Words Statek—Throttgli are deleted.
Page4of6
178
White Goods shall be taken off the discarded units, or securely locked from the outside to prevent
the entrapment of children.
15. Garbage Roll Carts, Recycling Roll Carts, Curbside Bear-Resistant Solid
Waste Containers, or Recycling Bins unserviceable due to loss or customer negligence, will be
replaced,and the customer shall pay the contractor's invoice price plus a delivery fee. The invoice
price is subject to change at the Manager's approval. The delivery fee is set forth in the Solid
Waste Rate Resolution as amended.
16. Owners of Residential Real Property may negotiate separate arrangements
directly with the Contractor for services additional to those established herein and in the Service
Agreement. The County shall not be responsible for the administration of or payment for any such
arrangements.
[. . .]
E. Commercial Real Property:
[. . .1
7. Commercial Real Property customers that produce any food waste and
utilize a Non bear-resistant Solid Waste Container shall secure containers at all times except when
loading or unloading the container. The area around the container must be kept clean of refuse
and debris at all times. If the container is damaged in a way that allows intrusion from bears, the
damage must be reported immediately to the company responsible for the maintenance of the
container and repairs be done within forty-eight(48) hours after the damage is reported.
1. . .1
H. Special Events:
1. All Special Events in Collier County that(1) occur outside and(2) produce
any food waste, must be kept free from the accumulation of solid waste. Special events customers
that produce any food waste and utilize a non-bear-resistant Solid Waste Containers shall secured
containers at all times except when loading or unloading the container. The County Manager, or
his designee,shall be allowed to inspect the Special Event at no charge,for the purpose of assisting
with and verifying the disposal of solid waste.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
Words Underlined are added;Words&wsh-Through are deleted.
Page5of6 45i)
178
SECTION FOUR: INCLUSION IN THE 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 re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this day of , 201 .
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal Kinzel, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk William L. McDaniel, Jr., Chairman
Approved as to form and legality:
Jennifer A. Belpedio 9j p,
Assistant County Attorney (� � •
A\ \
Words Underlined are added;Words Str�ali—Thfough are deleted.
GQ'
Page 6 of 6
176
Acct #525058/027354
September 25, 2019
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Amending Ordinance 2005-54 — BearWise Program
Dear Legals:
Please advertise the above referenced notice on Wednesday, October 2, 2019 and
kindly send the Affidavit of Publication, together with charges involved, to this
office.
Thank you.
Sincerely,
Teresa Cannon,
Deputy Clerk
P.O. #4500196148
178
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County
Commissioners on October 22,2019, in the Board of County Commissioners Meeting Room, Third Floor,
Collier Government Center, 3299 Tamiami Trail East, Naples FL., the Board of County Commissioners
(BCC) will consider the enactment of a County 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 COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 2005-54, AS AMENDED, WHICH PROVIDES FOR
AND REGULATES SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION
WITHIN COLLIER COUNTY, BY INCLUDING PROVISIONS FOR THE UTILIZATION OF
BEAR-RESISTANT SOLID WASTE CONTAINERS, AMENDING SECTION ONE TO INCLUDE
DEFINITIONS FOR CURBSIDE AND COMMERCIAL BEAR-RESISTANT SOLID WASTE
CONTAINERS; AMENDING SECTION NINETEEN TO AUTHORIZE VOLUNTARY
RESIDENTIAL USE AND REQUIRE SOME COMMERCIAL AND SPECIAL EVENT USE OF
BEAR-RESISTANT SOLID WASTE CONTAINERS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is 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 manager prior to
presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any
item. The selection of any individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be allotted 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 considered by the Board shall be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All materials used in presentations before the Board will become a
permanent part of the record.
Any person who decides to appeal any 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,
which record includes the testimony 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 provision of certain assistance. Please contact the
Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL
34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
178
WILLIAM L. MCDANIEL,JR.,CHAIRMAN
CRYSTAL K.KINZEL, CLERK
By: Teresa Cannon, Deputy Clerk
(SEAL)
178
Teresa L. Cannon
From: Teresa L. Cannon
Sent: Wednesday, September 25, 2019 9:05 AM
To: Naples Daily News Legals
Subject: BearWise Program Ordinance
Attachments: Amending 2005-54 BearWise Program (BCC 10-22-19).doc;Amending Ordinance
2005-54 BearWise Program (BCC 10-22-19).doc
Legals,
Please advertise the attached Legal Ad on Wednesday, October 2, 2019. Thanks
Teresa Cannon
BMR Senior Clerk II
y��,n t<<,k Office: 239-252-8411
� .r♦,`rr+ Fax: 239-252-8408
Teresa.Cannon@CollierClerk.com
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail E,Suite#401
Naples, FL 34112-5746
www.CollierClerk.com
178
Teresa L. Cannon
From: GRSC-West-Legals mbx <GRSC-West-Legals@gannett.com>
Sent: Wednesday, September 25, 2019 9:05 AM
To: Teresa L. Cannon
Subject: Thank you For Your Email
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Thank you for contacting the legal department. This is a general response to inform you that your email has
been received.
All Legal Notices will be processed for desired publication date if received by the correct deadline time.
Office Hours: Monday-Friday, 8:00 AM - 5:00 PM CST
Thank you,
Legal Notice Department
1
178
Teresa L. Cannon
From: GRSC-West-Legals mbx <GRSC-West-Legals@gannett.com>
Sent: Wednesday, September 25, 2019 10:20 AM
To: Teresa L. Cannon
Subject: RE: 3810950 - BearWise Program Ordinance
Attachments: OrderConf.pdf
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hi Teresa,
Please find attached your order confirmation and proof of the ad.
Your ad is set to run in:
• Naples Daily News on Oct 2 $472.50
The total cost is$472.50,which includes an affidavit which will be mailed to you after the ad publishes. Please reply by
Oct 1 at 12 noon with changes of the ad. You will receive an affidavit 7-10 business days after the last day of printing.
Thanks,
Kia Thor
Public Notice Representative
Naples Daily News I LOCALiQ
PART OF THE USA TODAY NETWORK
Office: 239-263-4700, option 3
From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com>
Sent:Wednesday, September 25, 2019 8:05 AM
To: NDN-Legals<legals@naplesnews.com>
Subject: 3810950- BearWise Program Ordinance
Legals,
Please advertise the attached Legal Ad on Wednesday, October 2, 2019. Thanks
1
17B
N i 3 ..piu ?hip ws
PART OF THE USA TODAY NETWORK
OFFICE OF THE COUNTY
3299 TAMIAMI TRL E#700
NAPLES FL 34112--574
Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due
1306921 0003810950 $472.50 $0.00 $472.50 Invoice $0.00 $472.50
Sales Rep: kthor Order Taker: kthor Order Created 09/25/2019
Product #Ins Start Date End Date
NDN-Naples Daily News 1 10/02/2019 10/02/2019
NDN-naplesnews.com 1 10/02/2019 10/02/2019
ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION
178
Text of Ad: 09/25/2019
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO
CONSIDER AN ORDINANCE
Notice is hereby given that a
public hearing will be held by
the Collier County Board of
County Commissioners on Oc-
tober 22, 2019, in the Board
of County Commissioners
Meeting Room, Third Floor,
Collier Government Center,
3299 Tamiami Trail East, Na-
ples FL., the Board of County
Commissioners (BCC)will con-
sider the enactment of a
County Ordinance. The meet-
ing will commence at 9:00
A.M. The title of the pro-
posed Ordinance is as follows:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDI-
NANCE NO. 2005-54, AS
AMENDED, WHICH PROVIDES
FOR AND REGULATES SOLID
WASTE COLLECTION, DISPOS-
AL AND ADMINISTRATION
WITHIN COLLIER COUNTY, BY
INCLUDING PROVISIONS FOR
THE UTILIZATION OF BEAR-
RESISTANT SOLID WASTE
CONTAINERS,AMENDING SEC-
TION ONE TO INCLUDE DEFINI-
TIONS FOR CURBSIDE AND
COMMERCIAL BEAR-
RESISTANT SOLID WASTE
CONTAINERS; AMENDING SEC-
TION NINETEEN TO AUTHOR-
IZE VOLUNTARY RESIDENTIAL
USE AND REQUIRE SOME
COMMERCIAL AND SPECIAL
EVENT USE OF BEAR-
RESISTANT SOLID WASTE
CONTAINERS; PROVIDING FOR
CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND OR-
DINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
A copy of the proposed Ordi-
nance is on file with the Clerk
to the Board and is 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
manager prior to presentation
of the agenda item to be ad-
dressed. Individual speakers
will be limited to 3 minutes
on any item. The selection of
any individual to speak on be-
half of an organization or
group is encouraged. If rec-
ognized by the Chairman, a
spokesperson for a group or
organization may be allotted
10 minutes to speak on an
item.
Persons wishing to have writ-
ten or graphic materials in-
cluded in the Board agenda
packets must submit said ma-
terial a minimum of 3 weeks
prior to the respective public
hearing. In any case, written
materials intended to be con-
sidered by the Board shall be
submitted to the appropriate
County staff a minimum of
seven days prior to the public
hearing. All materials used in
presentations before the
Board will become a perma-
nent part of the record.
Any person who decides to
appeal any decision of the
Board will need a record of
the proceedings pertaining
i78
trierew aria tnererore, may
need to ensure that a verba-
tim record of the proceedings
is made, which record includes
the testimony and evidence
upon which the appeal is
based.
If you are a person with a dis-
ability who needs any accom-
modation in order to partici-
pate in this proceeding, you
are entitled, at no cost to you,
to the provision of certain as-
sistance. Please contact the
Collier County Facilities Man-
agement Division, located at
3335 Tamiami Trail East, Suite
101, Naples, FL 34112-5356,
(239) 252-8380, at least two
days prior to the meeting. As-
sisted listening devices for the
hearing impaired are availa-
ble in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMIS-
SIONERS
COLLIER COUNTY,FLORIDA
WILLIAM L. MCDANIEL, JR.,
CHAIRMAN
CRYSTAL K.KINZEL,CLERK
By: Teresa Cannon, Deputy
Clerk
(SEAL)
Pub Date:Oct 2,2019
#3810950
178
Teresa L. Cannon
To: NeetVirginia
Subject: FW: 3810950 - BearWise Program Ordinance
Attachments: OrderConf.pdf
Please review
Teresa Cannon
BMR Senior Clerk II
�`��,;n coc.ki. Office: 239-252-8411
6 4.�
��. o4� Fax: 239-252-8408
Teresa.Cannon@CollierClerk.com
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
p.� 3299 Tamiami Trail E,Suite#401
C`'4kcot � Naples, FL 34112-5746
www.CollierClerk.com
From:GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com>
Sent:Wednesday, September 25, 2019 10:20 AM
To:Teresa L.Cannon <Teresa.Cannon@collierclerk.com>
Subject: RE: 3810950- BearWise Program Ordinance
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hi Teresa,
Please find attached your order confirmation and proof of the ad.
Your ad is set to run in:
• Naples Daily News on Oct 2 $472.50
The total cost is$472.50, which includes an affidavit which will be mailed to you after the ad publishes. Please reply by
Oct 1 at 12 noon with changes of the ad. You will receive an affidavit 7-10 business days after the last day of printing.
Thanks,
Kia Thor
Public Notice Representative
Naples Daily News I LOCALiQ
PART OF THE USA TODAY NETWORK
17B
Teresa L. Cannon
From: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Sent: Thursday, September 26, 2019 8:01 AM
To: Teresa L. Cannon
Subject: FW: 3810950 - BearWise Program Ordinance
See below.
Dinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239)252-8066 - Fax(239) 252-6600
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
From: BelpedioJennifer<Jennifer.Belpedio@colliercountyfl.gov>
Sent: Wednesday, September 25, 2019 4:54 PM
To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Cc: SanchezAlberto<Alberto.Sanchez@colliercountyfl.gov>
Subject: RE: 3810950- BearWise Program Ordinance
Dinny,
It is acceptable. Approved!
Thank you,
Jennifer
From: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Sent:Wednesday, September 25, 2019 11:53 AM
To: BelpedioJennifer<Jennifer.Belpedio@colliercountyfl.gov>
Cc: SanchezAlberto<Alberto.Sanchez@colliercountyfl.gov>
Subject: FW: 3810950- BearWise Program Ordinance
See attached for your approval. Ad cost is$472.50.
Dinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066 - Fax (239) 252-6600
1
17B
Teresa L. Cannon
To: GRSC-West-Legals mbx
Subject: RE: 3810950 - BearWise Program Ordinance
Legals,
Proof for Ad #3810950 looks good, OK to run! Thanks
Teresa Cannon
BMR Senior Clerk II
c oc;Rrct Office: 239-252-8411
Fax: 239-252-8408
Teresa.Cannon@CollierClerk.com
Office of the Clerk of the Circuit Court
;, &Comptroller of Collier County
r% 3299 Tamiami Trail E,Suite#401
���1Rc'cu'N .�1>'� Naples, FL 34112-5746
www.CollierClerk.com
From:GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com>
Sent:Wednesday, September 25, 2019 10:20 AM
To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com>
Subject: RE: 3810950- BearWise Program Ordinance
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hi Teresa,
Please find attached your order confirmation and proof of the ad.
Your ad is set to run in:
• Naples Daily News on Oct 2 $472.50
The total cost is$472.50, which includes an affidavit which will be mailed to you after the ad publishes. Please reply by
Oct 1 at 12 noon with changes of the ad. You will receive an affidavit 7-10 business days after the last day of printing.
Thanks,
Kia Thor
Public Notice Representative
Naples Daily News I LOCALiQ
PART OF THE USA TODAY NETWORK
N 178
w NAPLESNEWS.COM I WEDNESDAY,OCTOBER 2,2019 I '19D
J_
3299 Tamiami Trail East, Na- must register with the County
H• GV 1MJ,7�VJJ pies FL., the Board of County manager prior to presentation
7
us Commissioners (BCC)will con- of the agenda item to be ad-
..II
-
NOTICE OF PUBLIC HEARINGsider the enactment of a dressed. Individual speakers
d County Ordinance. The meet- will be limited to 3 minutes
a NOTICE OF INTENT TO in will commence at 9;00 on any item. The selection of
• z Notice
is herebyER Ab ORDINANCE A.M. The title of the pro- any individual to speak on be-
r public ishearing will
been helthad
a posed Ordinance is as follows: half of an organization or
the C will Board d ofy group is encouraged. If rec-
rn the County
Cr County on c- AN ORDINANCE OF THE ognized by the Chairman, a
County Commissioners on Oc-
tober 22, 2019, in the Board BOARD OF COUNTY COMMIS- spokesperson for a group or
N of County Commissioners SIONERS OF COWER COUNTY, organization may be allotted
�i Meeting Room, Third Floor, FLORIDA, AMENDING ORDI- 10 minutes to speak on an
o Collier Government Center, NANCE NO. 2005-54, AS item.
w AMENDED. WHICH PROVIDES
m FOR AND REGULATES SOLID Persons wishing to have writ-
04
U WASTE COLLECTION, DISPOS- ten or graphic materials in-
AL AND ADMINISTRATION cluded in the Board agenda
p WITHIN COLLIER COUNTY, BY packets must submit said ma-
INCLUDING PROVISIONS FOR terial a minimum of 3 weeks
r' THE UTILIZATION OF BEAR- prior to the respective public
Q RESISTANT SOLID WASTE hearing. In any case, written
0 CONTAINERS, AMENDING SEC- materials intended to be con-
es TION ONE TO INCLUDE DEFINI- sidered by the Board shall be
Z TIONS FOR CURBSIDE AND submitted to the appropriate
a w COMMERCIAL BEAR- County staff a minimum of
RESISTANT SOLID WASTE seven days prior to the public
CONTAINERS; AMENDING SEC- hearing. All materials used in
o il TION NINETEEN TO AUTHOR- presentations before the
e s;i IZE VOLUNTARY RESIDENTIAL Board will become a perma-
•;ap{ USE AND REQUIRE SOME nent part of the record.
'� COMMERCIAL AND SPECIAL
EVENT USE OF BEAR- Any person who decides to
RESISTANT SOLID WASTE appeal any decision of the
CONTAINERS; PROVIDING FOR Board will need a record of
CONFLICT AND SEVERABILITY; the proceedings pertaining
PROVIDING FOR INCLUSION IN thereto and therefore, may
THE CODE OF LAWS AND OR- need to ensure that a verba-
DINANCES; AND PROVIDING tim record of the proceedings
FOR AN EFFECTIVE DATE. is made,which record includes
the testimony and evidence
A copy of the proposed Ordi- upon which the appeal is
nance is on file with the Clerk based.
to the Board and is available
for inspection. All interested If you are a person with a dis-
parties are invited to attend ability who needs any accom-
and be heard. modation in order to partici-
pate in this proceeding, you
NOTE: All persons wishing to are entitled, at no cost to you,
speak on any agenda item to the provision of certain as-
I i Public Notices
sistance. Please contact the
1 Collier County Facilities Man-
agement Division, located at
3335 Tamiami Trail East, Suite
101, Naples, FL 34112-5356,
(239) 252-8380, at least two l
days prior to the meeting. As-
sisted listening devices for the
hearing impaired are availa-
ble in the Board of County 1
Commissioners Office.
,
BOARD OF COUNTY COMMIS- I
SIONERS 1
COLLIER COUNTY,FLORIDA
WILLIAM L. MCDANIEL, JR.,
CHAIRMAN
CRYSTAL K.KINZEL,CLERK
By: Teresa Cannon, Deputy
Clerk
(SEAL)
Pub Date:Oct 2,2019
#3810950
178
A aplrei. its. ri,u!
PART Of THE USA TODAY NET WORK
Published Daily
Naples, FL 34110
OFFICE OF THE COUNTY ATTORNEY
3299 TAMIAMI TRL E#700
NAPLES,FL 34112-5749
Affidavit of Publication
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned they serve as the authority,
personally appeared said legal clerk who on oath says that
he/she serves as Legal Clerk of the Naples Daily News, a
daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida;
that the attached copy of the advertising was published in
said newspaper on dates listed. Affiant further says that the
said Naples Daily News is a newspaper published at
Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in
said
Collier County, Florida; distributed in Collier and Lee
counties of Florida, each day and has been entered as
second class mail matter at the post office In Naples, in
said Collier County, Florida, for a period of one year next
preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither
paid nor promised any person, or corporation any discount,
rebate, commission or refund for the purpose of securing
this advertisement for publication in the said newspaper.
Published:October 2,2019
Subscribed and sworn to before on October 2,2019
=-a,J llA.cx_ 'Yk UY\G0.1.bc_11- -3
Notary,State of WI,County of Brown
i TARA MONDLOCH
Notary Public
Stale of Wisconsin
My commission expires August 6.2021
Publication Cost:$472 50
Ad No:0003810950
Customer No:1306921
PO#: 4500196148
NOTICE OF PUBLIC HEARING 1 7
NOTICE OF INTENT TO
CONSIDER AN ORDINANCE
Notice is hereby given that a
public hearing will be held by
the Collier County Board of
County Commisslonerson Oc-
tober 22, 2019, in the Board
of County Commissioners
Meeting Room, Third Floor,
Collier Government Center,
3299 Tamiami Trail East, Na-
ples FL,the Board al County
Commissioners(BCC)will con-
sider the enactment of a
County Ordinance. fhe meet-
ing will commence at 9.:00
A.M. The title of the pro-
posed Ordinance is as follows:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERSOF COLLIEFROUNTY,
FLORIDA, AMENDING ORDI-
NANCE NO. 2005-54, AS
AMENDED, WHICH PROVIDE!
FOR AND REGULATESSOLID
WASTE COLLECTION DISPOS-
AL AND ADMINISTRATION
WITHIN COLLIERCOUNTY,BY
INCLUDING PROVISIONS FOP
THE UTILIZATION OF BEAR
RESISTANT SOLID WASTE
CONTAINERS,AMENDING SEC
TION ONE TO INCLUDEDEFINI•
TIONS FOR CURBSIDE AND
COMMERCIAL BEAR
RESISTANT SOLID WASTE
CONTAINERS,AMENDING SEC
TION NINETEEN TO AUTHOR-
IZE VOLUNTARY RESIDENTIAL
USE AND REQUIRE SOME
COMMERCIAL AND SPECIAL
EVENT USE OF BEAR
RESISTANT SOLID WASTE
CONTAINERS;PROVIDING FOR
CONFLICTAND SEVERABILITI
PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND OR-
DINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
A copy of the proposed Ordi-
nance is on file with the Clerk
to the Board and is 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
manager prior In presentation
of the agenda item to be ad-
dressed. Individual speakers
will be limited to 3 minutes
on any item. The selection of
any individual to speak on be-
half of an organization or
group is encouraged. If rec-
ognized by the Chairman, a
spokesperson for a group or
organization may be allotted
10 minutes to speak on an
item
Persons wishing to have writ-
ten or graphic materials in-
cluded in the Board agenda
packets must submit said ma-
terial a minimum of 3 weeks
prior to the respective public
hearing. In any case.written
materials intended Io be con-
sidered by the Board shall be
submitted to the appropriate
County staff a minimum of
seven days prior to the public
hearing All materials used in
prs.ndallons before the
Bi;rril will become a perma-
nent part of the record
Any person who decides to
appeal any decision of the
Board will need a record of
the proceedings pertaining
thereto and therefore, may
need to ensure that a verba-
tim record of the proceedings
is made which record includes
the rociimnnv a nri eviripnro
178
upon which the appeal is
based.
If you are a person with a dis-
ability who needs any accom-
modation In order to partici-
pate to this proceeding, you
are entitled, at no cost to you,
to the provision of certain as-
sistance. Please contact the
Collier County Facilities Man-
agement Division, located at
3335 Tamiami Trail East,Suite
101, Naples, FL 34112-5356,
(239) 252-0300, at least two
days prior to the meeting. As-
sisted listening devices for the
hearing Impaired are availa-
ble in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMIS-
SIONERS
COLLIER COUNTY,FLORIDA
WILLIAM L MCDANIEL, JR.:
CHAIRMAN
CRYSTAL K,I INZEL,CLERK
By: Teresa Cannon; Deputy
Clerk
(SEAL)
Pub Date:Oct 2,2019
43810950
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 8
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAB 10/22/19
4. BCC Office Board of County
Commissioners \A-A-1 ka\Z3\\�
5. Minutes and Records Clerk of Court's Office c rG 1643/1lq Zo
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Kari Ann Hodgson,Solid&Hazardous Phone Number 252-2504
Contact/Department Waste Management Division
Agenda Date Item was 10/22/19 V Agenda Item Number 17-B
Approved by the BCC
Type of Document Ordinance—BearWise Program Number of Original 1
Attached °Id1q .3(o Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature JAB
2. Does the document need to be sent to another agency for additional signatures? If yes, JAB
provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAB
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAB
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 10/22/19 and all changes made during JAB N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the /A is not
BCC,all changes directed by the BCC have been made,and the document is ready for t An option for
Chairman's signature. er- /� this line.
[04-COA-01081/1344830/1]1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;
Revised 11/30/12
17B
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Thursday, October 24, 2019 9:17 AM
To: 'countyordinances@dos.myflorida.com'
Subject: C LL20191024_Ord i na nce2019_36
Attachments: CLL20191024_Ordinance2019_0036.pdf
COUNTY: CLL (COLLIER)
ORDINANCE NUMBER: 2019-0036
SENT 13Y: Collier Couvity Clerk of tke Circuit Court
Board Mivuutes & Records Pepartvvteint
Tlnavtk you.
Ann Jennejohn
BMR Senior Deputy Clerk
�,n rk, Clerk to the Value Adjustment Board
`
Office: 239-252-8406
Fax: 239-252-8408(if applicable)
.16
Ann.Jenneiohn@CollierClerk.com
Office of the Clerk of the Circuit Court
,pr &Comptroller of Collier County
r<k<<M,, ."1 3299 Tamiami Trail, Suite#401
Naples, FL 34112-5324
www.CollierClerk.com
1
178
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Thursday, October 24, 2019 10:53 AM
To: 'Kari.Hodgson@colliercountyfl.gov'
Subject: Ordinance 2019-36 (Item #17B 10-22-19 BCC Meeting)
Attachments: Ordinance 2019-36.pdf
Good Morning Kari,
An executed copy of Ordinance 2019-36, that
was adopted by the 13CC on October 22, 2019,
is attached for your records. It was acknowledged
and validated by the State this morning.
(see attached letter)
Thank you!
Alennejo
BnnMR Senior hn DeputyIrir
Clerk
Clerk to the Value Adjustment Board
Office:239-252-8406
Fax:239-252-8408(if applicable)
Ann.Jenneiohn@CollierClerk.com
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail,Suite#401
Naples, FL 34112-5324
www.CollierClerk.com
1
i ) 8
ORDINANCE NO. 2019- 3 6
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2005-54,
AS AMENDED, WHICH PROVIDES FOR AND REGULATES SOLID
WASTE COLLECTION, DISPOSAL AND ADMINISTRATION WITHIN
COLLIER COUNTY, BY INCLUDING PROVISIONS FOR THE
UTILIZATION OF BEAR-RESISTANT SOLID WASTE CONTAINERS,
AMENDING SECTION ONE TO INCLUDE DEFINITIONS FOR
CURBSIDE AND COMMERCIAL BEAR-RESISTANT SOLID WASTE
CONTAINERS; AMENDING SECTION NINETEEN TO AUTHORIZE
VOLUNTARY RESIDENTIAL USE AND REQUIRE SOME
COMMERCIAL AND SPECIAL EVENT USE OF BEAR-RESISTANT
SOLID WASTE CONTAINERS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS,at its June 12, 2018,the Board of County Commissioners heard a presentation
from a representative from the Florida Fish and Wildlife Conservation Commission (FWC) about
"Bearwise" Practices for mitigating human-bear conflicts; and
WHEREAS, according to the FWC, black bears have recovered from population declines
which has increased the number of human-bear interactions within the urban and rural areas of
Collier County; and
WHEREAS,black bears are attracted to unsecure garbage containers and are able to access
traditional containers, which contributes to the number of interactions; and
WHEREAS, the Board finds it is in the best interests of the health, safety, and welfare of
the citizens of Collier County, Florida, to enact regulations for the voluntary utilization of bear-
resistant solid waste containers throughout the County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE 2005-54, AS
AMENDED.
Section One of Ordinance 2005-54, as amended, is hereby amended to read as follows,
with Section One renumbered as appropriate:
Words Underlined are added;Words Struck Through are deleted.
Page 1 of 6 �a
1 7 B
SECTION ONE: DEFINITIONS.
A. For the purposes of this Ordinance, the definitions contained in this Section 1 shall
apply unless otherwise specifically stated. When not inconsistent to the context,words used in the
present tense include the future, 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.
I. . .1
12. Commercial Bear-Resistant Solid Waste Container: A commercial solid
waste container with a reinforced lid and latching mechanism, or other County-approved method
that prevents access to the contents by bears.
[. . .1
18. Curbside Bear-Resistant Solid Waste Container: A solid waste container
with a reinforced lid and a latching mechanism or other County-approved method that prevents
access to the contents by bears.
SECTION TWO: AMENDMENT TO SECTION NINETEEN OF ORDINANCE NO.
2005-54, AS AMENDED.
Section Nineteen of Ordinance No. 2005-54, as amended, is hereby amended to read as
follows, with Section Nineteen renumbered or relettered as appropriate:
SECTION NINETEEN: RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER
FOR SOLID WASTE COLLECTION.
The Contractor shall collect Solid Waste from Residential Real Property and Commercial
Real Property, and Customers shall set out their Solid Waste for collection by the Contractor, as
follows:
I. . .1
C. Residential Real Property:
1. Except as otherwise provided herein or in the Service Agreement, the
Contractor shall collect,remove and dispose of the Solid Waste set out for collection by residential
Customers. At a minimum, Residential Real Property in the Benefit Units shall be provided
collection service at Curbside for the following materials, subject to the provisions of the Service
Agreement: (a)Garbage and Rubbish; (b)Yard Trash/Biomass; (c) Program Recyclables; (d) Bulk
Waste; (e) White Goods; (f) Tires; (g) Batteries; and (h) Electronic Equipment. Hazardous Waste
Words Underlined are added;Words Struck rough are deleted.
Page 2 of 6
178
shall not be placed in roll carts or curbside containers for collection by the contractor. Hazardous
Waste should be taken to a county Recycling Drop-Off Center or the Hazardous Materials
Collection Center for disposal, this includes pharmaceutical and medicinal waste and hypodermic
devices (SHARPS) suitably contained in a heavy plastic container.
2. Except as otherwise provided herein, residential Customers shall use
Garbage Roll Carts for the collection of Garbage and Rubbish. Residential Customers may use
heavy-duty plastic bags for excess Garbage or Rubbish. Yard Trash/Biomass containers may be
used for the collection of garbage and rubbish in areas that are approved for such service by the
Manager. All Solid Waste containers and or plastic bags containing household garbage shall be
secured from bear intrusion until the container and or bags are permitted to be placed curbside for
collection. Residential Customers shall have the option of using a County-approved, Curbside
Bear-Resistant Solid Waste Container, if available. Customers that choose to utilize a Curbside
Bear-Resistant Solid Waste Container may be responsible for additional costs associated
therewith, including,but not limited to,the cost to purchase the Curbside Bear-Resistant Container
and any additional service fee if imposed by the Contractor.
3. Curbside Containers and Yard Trash/BioMass Containers are subject to the
Manager's approval and shall: (a) be constructed so as to prevent intrusion by water; and (b) have
a cover that is free from sharp edges; and (c) not have inside structures that prevent the free
discharge of the container's contents. Curbside Containers, except Roll Carts, shall not exceed
forty-five (45) gallons in capacity and fifty (50) pounds in weight when filled. The amount of
discarded waste placed in a Garbage Roll Cart or Recycling Roll Cart shall not exceed the weight
limit as specified on the Roll Cart.
4. Program Recyclables shall be set out for collection in a Recycling Roll Cart.
Program Recyclables may be set out in a Recycling Bin in areas approved by the Manager for such
service. Cardboard placed in a Recycling Roll Cart or Recycling Bin shall be flattened and, if
necessary, cut to a size to fit into the Recycling Roll Cart without binding or preventing the release
of the recycling during collection. Cardboard may also be stacked and placed outside the
Recycling Cart or Recycling Bin, any cardboard so stacked must be cut to a maximum size of 3 ft.
x 3 ft. Residential Customers may use heavy-duty clear plastic bags for excess recyclables.
Recyclable materials placed in the recycle containers and stored outside and/or placed at a
designated collection location shall be sufficiently free from residue of food and other materials
so that they are not an attractant to bears.
5. Discarded materials from small household repairs, renovations or projects
may be placed in a Garbage Roll Cart. No other Commercial and Demolition (C&D) Debris shall
be placed at the Curbside. C&D generated by the property owner or tenant that cannot be contained
within a Roll Cart shall be transported by the property owner or tenant to an approved county
facility for disposal. C&D Debris generated on Residential Real Property by a licensed builder or
contractor shall be removed by the builder or contractor.
6. Garbage Roll Carts, Curbside Containers, Recycling Roll Carts, Recycling
Bins, Yard Trash/Biomass Containers, Curbside Bear-Resistant Solid Waste Containers and any
non-containerized waste appropriate for Curbside collection shall be placed Curbside prior to 6:00
Words Underlined are added;Words Struck Sitr-usk—Thr-etigh are deleted.
Page 3 of 6
176
a.m. on the scheduled collection day. However, these containers and materials shall be placed at
Curbside no earlier than 6:00 p.m. the day prior to the Customer's next regularly scheduled
collection day. Such containers and materials shall be placed at least three (3)feet from mailboxes
or other obstacles. The Customer shall remove from the Curbside all Curbside Containers,
Garbage Roll Carts, Recycling Roll Carts, Curbside Bear-Resistant Solid Waste Containers and
Recycling Bins by 6:00 a.m. on the day after the scheduled service is completed.
7. A residential Customer shall not set out for collection more than four (4)
Tires with or without rims less than 33 inches in diameter and two (2)lead acid batteries per month.
8. A residential Customer shall contact the Manager at least forty-eight (48)
hours before the Customer's regularly scheduled collection day if the Customer wishes to receive
Curbside collection of White Goods, Electronic Equipment, Tires, or lead acid batteries.
9. Garbage and similar putrescible waste shall not be collected, stored, or set
out in an open, uncovered Collection Container.
10. Solid Waste and Yard Trash/Biomass shall not be placed in the same
Curbside Container.
11. Yard Trash/Biomass shall not be placed in Garbage Roll Carts, Recycling
Roll Carts,or Recycling Bins. Yard Trash/Biomass placed in Yard Trash/Biomass Containers shall
not exceed fifty(50)pounds in weight, four(4) feet in length, or four(4) inches in diameter. Yard
Trash/Biomass shall not be set out for collection in plastic bags. A combination of no more than
ten (10) bundles, paper bags or personal containers will be collected at one time.
12. Yard Trash/Biomass that is not placed in a Yard Trash/Biomass Container
shall be bundled and securely tied with twine or other material strong enough to support the weight
of the bundle. Non-containerized Yard Trash/Biomass shall not exceed fifty (50) pounds in
weight, four(4) feet in length, or four(4) inches in diameter. The foregoing restrictions also shall
apply to other types of non-containerized Solid Waste, except Bulk Waste and Extraordinary
Waste.
13. Customers shall not overfill Garbage Roll Carts, Recycling Roll Carts,
Curbside Bear-Resistant Solid Waste Containers or Commercial Containers such that lids cannot
be fully closed. Overfilled roll carts and containers are a potential hazard when lifted by the
automatic arm of the collection vehicles in addition to being an attractant to wildlife. Overfilled
Commercial Containers can be assessed a fine if found in violation.
14. The Contractor shall provide for the collection of Bulk Waste,White Goods,
and Electronic Equipment, subject to the provisions of this Ordinance and the Service Agreement.
Such materials shall be placed at Curbside and shall not include vehicles,vehicle component parts,
boats or boat trailers or their component parts, or liquid waste. Further, Bulk Waste shall be
disassembled, if possible, into sections or pieces of less than fifty (50) pounds in weight and four
(4) feet in length, prior to pick up by the Contractor. Prior to placement at the Curbside, doors on
Words Underlined are added;Words Ctru h are deleted.
Page 4 of 6
178
White Goods shall be taken off the discarded units, or securely locked from the outside to prevent
the entrapment of children.
15. Garbage Roll Carts, Recycling Roll Carts, Curbside Bear-Resistant Solid
Waste Containers, or Recycling Bins unserviceable due to loss or customer negligence, will be
replaced, and the customer shall pay the contractor's invoice price plus a delivery fee. The invoice
price is subject to change at the Manager's approval. The delivery fee is set forth in the Solid
Waste Rate Resolution as amended.
16. Owners of Residential Real Property may negotiate separate arrangements
directly with the Contractor for services additional to those established herein and in the Service
Agreement. The County shall not be responsible for the administration of or payment for any such
arrangements.
1. . .]
E. Commercial Real Property:
[. . .1
7. Commercial Real Property customers that produce any food waste and
utilize a Non bear-resistant Solid Waste Container shall secure containers at all times except when
loading or unloading the container. The area around the container must be kept clean of refuse
and debris at all times. If the container is damaged in a way that allows intrusion from bears, the
damage must be reported immediately to the company responsible for the maintenance of the
container and repairs be done within forty-eight (48) hours after the damage is reported.
F. . .1
H. Special Events:
1. All Special Events in Collier County that (1) occur outside and (2) produce
any food waste, must be kept free from the accumulation of solid waste. Special events customers
that produce any food waste and utilize a non-bear-resistant Solid Waste Containers shall secured
containers at all times except when loading or unloading the container. The County Manager, or
his designee, shall be allowed to inspect the Special Event at no charge, for the purpose of assisting
with and verifying the disposal of solid waste.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
Words Underlined are added;Words Sisk T� ,h are deleted.
Page 5 of 6
178
SECTION FOUR: INCLUSION IN THE 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 re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 2.2.y,A, day of C Td\ocx- , 201 .
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal Kinze,gberk COLLIER C! TY, FLORIDA
By . '-'43 , C-'... ,'") * C?)c
: I _� cQ0 C By: _ OA
---�1
at .. 11,eputy Clerk / illiam L. McDaniel, Jr., Chairman
Approved as to form and legality:
ill 9
1. •
Jennifer A. Belpedio 0 (�j
Assistant County Attorney (� \\
GI
This ordinance tiled with the
Setory of to Offi a �;tie�
troy oft-K -` �C �
and acknowledgem nt hat
fil' �. ce:ved rs day
of� `-'�►rT� �CI
Words Underlined are added;Words StruckThrough are deleted.
eloi
Page 6 of 6
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
October 24, 2019
Ms. Ann Jennejohn, BMR Senior Deputy Clerk
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2019-36, which was filed in this office on October 24,
2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.tl.us