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Ordinance 88-045ORDIN~RC~ NO. 88- 45 AN OI~PXNANCE RELATXNC3 TO THE CONTROL OF LX~X~I WXTHTN THE L~qIN¢OR~ORATED AP~.AS OF COLLIER COUNTY, FLORIDA; SETTINO FORTH FINDINGS AND PURPOSE; PROVTDING THE TITLE CITATION; PROVIDING APPLICABILITY; SETTING PUBLIC NUISANCE; PROVIDING FOR LITTER PROPERTY; REGULATING STORAGE OF LITTER; PROVIDIN9 ENFORCEMENT PROCEDURES; PROVIDING FOR PENALTIES; PROVIDINO FOR CONFLICT AND S~Ir. ITY; PROVIDING AR EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COHMISSXONERS OF COLLIER COUNTY, FLORXDA that: ~ECTION ONE. FXNDXNGS AND PURPOSE The Board of County Cc~missionars o£ Collier County, Florida, {hereinafter the "Board"] does hereby make the following findings: careless discarding on public and private property o£ paper, wrappings, bottles, cans, litter and waste o£ avery conceivable kind is unsightly, dirty, offensive and a cause of civic d~sgrace; B, Litter is a fire, health and safety hazard; C. Litter has an in~urious effect on property values, destroys coe~unity pride and makes the County a less desirable place in which to live; and D. Combating litter is a costly waste o£ money, personnel4[ af~d material. Xt is therefore the purpose of this Ordinance to bring about public awareness of the litter proble~ and to initiate and enforce a litter control program. Th~l Ordina~e shall be known and may b~ cited al the #COLLIER COUI~TY LXTTER CO~q~L ORDINANCE#. SEC~O~ ~- ~?r. Ic~xLITY Th~s Ordinance shall appXy to and be enforced in all ~corpOrated areas o£ COllier County. The following ~ordn, phrases or terms as used in this ordAnance shall have the following meanings unless the context" etaarly indicates other~ise= #Abandoned Property# means any ~recked or derelict propert.~ having no value o~her than nominal salvage value, if any, has been abandoned and unprotected fro~ the elements and shall include ~recked, inoperative, or partially dismantled m~tor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture, and any other similar article which has no value other than nominal salvage value, iff' any, and which has been le[t abandoned and unprotected fro~ elements. "Litter" means any discarded, used, or unconsumed substancct oF wastes. Litter may include, but is not limited to garbage, trash, refuse, debris, rubbish, grass clippings or other la~n or garden waste, newspapers, magazines, glass, metal, plastic or paper containers~ or Other packaging, const~uction material, motor vehicle parts and ~ires, £urniture, oil or grease, the carcass of a dead animal, any obnoxious or offensive matter'of any kind, any object likely to injure any person or create a traffic or pedestrian hazard, or anything else of any unsightly nature, which has been'discarded, abandoned or otherwise disposal of improperly. #Person# means any natural person, partnership, firm, corporation, company, business, institution, mmer, agent, tenant, occupant or any other entity. #Storage# means the interim containment of litter, in an ~ 'approved manner, after generation of such litter and prior to . and final disposal. #Unauthorized accu~ulation# means the accumulation o~ litte~ on ~y residential or c rctal properties which Is not contained within container,'or meceptacles provided for litter ., 03i,,,, 07 ,, il not othe~lse pe~tted or authorized by Collier County Ordinance. This shall not include building materials used in Constructing or repairing a building which are stored at the site o£ such building. ~ritten correctiVe notices# means a mitten statement issued to the violator of this ordinance or to hia agent ldenti£ylng and specifying,the violation, date and time of issuance, corrective measures to be taken, and date and time Correction is to be cOmPleted. ~CT~O~ FIV~o LITTER DECLMIED TO BE · PUBLIC NUIS~CE ~ The u~authorized and improper dumping, accumulation or storage of litter or abandoned property on public or private property is hereby declared to be a public nuisance. S~CTION SIX. UNL~'ULTO LITTER It shall be unlawful for any person to thro~, discard, place, drop, or deposit litter in any manner or amount in or upon any public property, private property, high~a¥, street, right-of-way or body of wate~ within the unincorporated areas of Collier County, Florida, except in areas and con~ainers provided and designated [or the disposal o£ litter. In any case where litter is e~ected or discarded from a motor vehicle, except at approved and permitted disposal sites, the operator of the motor vehicle shall be deemed in violation of this ordinance. sECTION SEVEN. UNAUTHORIZZD ~C~TION OF LITTER PROHIBITED Any unauthorized accumulation of litter on any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this ordinance. Any Prope~t¥o~ner, tenant, o~cupant, agent, manager or other person who o~ns, maintains, or controls private improved or unimproved property is hereby declared to be in violation o~ this O~dinance where any such unauthorized accumulation of litter is maintained or ia allowed to r~ain on such property. ~CTION EIGHT. DUMPING OR pEPOSITINa OF ABANDONED PROPERTY PROHIBITED. It shall be unlawful for any person to engage in or permit the dumping, storing, placlgg, or depositing of abandoned property on any real property, stroet, or highwa¥~ provided, hoover, that abandoned property kept in , completely enclosed building or a business enterprise which is law£u11¥ licensed and ~oned for depositing and storing of abandoned property shall be an exception to this provision. If abandoned property is kept or stored in connection with a lawfully licensed business enterprise, all abandoned property shall be screened so that it Is not visible from any public right-of-way or from any property used for residential purposes. It shall be unlawful to engage in or permit the dumping, storing, placing, or depositing of abandoned property in any residential area, unless such abandoned property is kep~ in a completely enclosed building. A. All comaercial establishments shall store their litter in containers so as to el~minate wind-driven debris and unsightly litter in and about their establishments. The numhur and size of containers necessary for each co~mercial establishment shall be that number required to maintain clean, neat, and sanitary pre,tees. Spillage and overflo~ around containers shall h~e~diately be cleaned up as it occurs. B. All loading and unloading zones at co~ercial establishments shall be provided with litter receptacles by the o~ner of the business to store loose debris, paper, cardboard, packaging materials, and similar materials. C. Any and every person, owning or operating any public establishment or public place shall provide receptacles adequate to contain litter generated from such establishment. D. Any and every person in possession, or in charge or in control of any place, public or private, where litter is accumulated or generated shall provide and at all times mainta£n said litter In adequate and suitable receptacles and/or containers capable of holding such materials until proper final disposal is accomplished. [. Ail construction and demolition contractors, owners or agents, shall provide on-site receptacles for loose debris, papers, building materials wastes, scrap building materials, and other litter products to prevent wind-driven scattering of such · aterials if the material are otherwise not properly disposed o£ o~ a d ally basis. Agents o£ the Collier County Code En£orcement Department and Public #orks Department are hereby empowered to Issue written corrective notices to any person violating the provisions of this ordinance. Written corrective notices issued to violators of this Ordinance shall state the date and time issued, nature of the offense co~aitted, corrective measures to be taken and the date and time on or before which such corrections shall be made. In the event the agent issuing the written corrective notice has reason to believe a violation present~ a serious threat to the public health, safety or ~lfare of the public or that the Violation Is of such a nature as to require immediate correction, the violator may be required by the notice to effectuate immediate corrective measures upon receipt of the notice. The ti~e period allowed for ~aking corrective measures shall not exceed thirty (20) days. 'All such notices issued shall be maintained by the issuing authority for public inspections during normal office hours. Notices mailed to the violator's last known place of residence by Certified Nail, Return Receipt Requested, shall be deemed personal Service upon the person, for the purpose o£ this ordinance. Any person who has been served such notice in accordance i:~.Wlth the provisions of this ordinance, and who shall neqlect or shall re£use or shall faii to fully comply with the corrective notices so ordered and/or to comply within the time frame so oFdered therein, shall be in violation of this ordinance. I£ any person ~a£1s or re~uses to obey or comply ~lth or v£olates any of the provis£ons of this Ord£nance, such person upon conviction of such offense, shall be 9ullty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by ]~nprisonment not to exceed Sixty (60) days in the Coun~ Jail, or both, in the discretion of the Court. Each violation or non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be cons£dered as a separate offense. Nothing herein :onta£ned shall prevent or restrict the County from taking such other lawful action in any court of competent Jurisdiction as is necessar~ to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for in~unctive relief or an action at law for damages. Further, nothing in this Sect£on shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. All remedies and penalties provided for in this Section shall be cumulative and independently available to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by laM. SECT~ONT~ELVE. CONFLICT AND SEVERABILITY In the event this Ordinance conflicts w£th any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent ~urisdiction, such portion shall bo deemed a separate, distinct and independent provis~on and such holding shall not a££ect the validity of the rema£ningportion. This Ordinance shall become e££ective upon receipt o£ notice the Secretary o£ state that this Ordinance has been filed the Secretary o£ state. PASSED ~ DULY ADOPTED by the Board o£ County Co~missioners · ..' o£ Collier County, Florida khis/___~ay o£ ...?/~ ' , 1988, ~j.-'JM~ES C. GILF. S, Clerk ..APProved as to form and legal ~£LCiency~ County Attorney BOARD OF COU~ CO~ISSIONERS COLLIER COUF~, FLORIDA ARNOLD LEE GLASS, Chairman ,t'tA'li~ 01/LoRIDA ) 2, 3~ C. ~ZL~S, Clerk o~ C~rtl ~n ~ fo~ the ~ntleth ~ud~cla~ Clr~lt, Collier C~ty, Florl~, do he~ certlf~ t~t the foregoing Ii a t~e co~ of~ Ordinance No. 1~-4~ which t mo adopted by the Board o£ County Cmleilonara on the ~Othdayo£ )My, 1088, during Regular Seee/on. IIlTNESB By hand and the o£tlclal oeal of the Board o£ CmmtyComlllilonir~ of Coil/er Cmmty, florida, thio 10th day of aMy, t011, ~ Clerk o£ Cmlrtl and Clerk .... Kx-o££1clo to Board o£ /.' '~J,'/~?~. Count¥oConm/eelonero ' Deputy Clerk · '.