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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 , , ._.1,,,,,,, 1 7 B z . .. �:' ,, 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