Chapter 8 GARBAGE, TRASH AND WEEDS

Art. I. In General, 8-1–8-41
Art. II. Lot Clearing, 8-42–8-49
Art. III. Littering, 8-50–8-54

ARTICLE I. IN GENERAL

Sec. 8-1. Definitions.

As used in this chapter:

Automated garbage collection truck means the vehicle that is partially open at the top and accepts garbage conveyed from a cart provided by the collector.

Clam shell means a garbage and trash collector vehicle which is equipped with a crane to pick up and carry away large objects for disposal.

Contractor or collector means the person with whom the town has entered into a contract or to whom the town has granted a franchise for the collection and disposal of garbage and refuse generated in the town.

Diameter at breast height (dbh) means the diameter of the trunk of a tree, or the sum of the stems of a multi-stemmed tree, measured four and one-half (4.5) feet above natural or development grade.

Dumpster means a large container supplied by the contract collector used to contain garbage and trash usually generated by commercial concerns.

Front loader means the vehicle which picks up dumpsters and empties them into itself.

Garbage means the solid or semi‑solid waste generated in both household and commercial handling of food and ordinary refuse.  Consistent with s. 790.33, Florida Statutes, ammunition shall not be included in this definition.

Garbage Container means a container of not greater than ninety-six gallon capacity or less as provided by the collector.

Land clearing means the removal of vegetation from a vacant lot or parcel, however it does not include mowing, trimming or pruning of vegetation so as to maintain it in a healthy and viable condition.

Native vegetation means plant material indigenous to Brevard County, Florida.

 Rear loader means the vehicle into the rear of which is emptied the contents of trash containers approximately thirty two gallon size.

Recyclable materials means those materials which are capable of being recycled and wlhich would otherwise be processed or disposed of as solid waste including:

______________

*Cross references–Disposal of dead animals, 4-24; disposal of garbage from boats, 5-16; beautification, Ch. 5.5; property maintenance, 5.5-61 et seq.; trash container areas, 5.5-65; license tax for garbage collection service, 9-11(57).

(1)   Glass (all unbroken, clear, brown, and green glass containers. Flat glass, window glass, dishes, crockery, etc. are excluded)

(2)   Metal cans (aluminum and bi-metal), aluminum foil, aluminum pie tins

(3)       Newspapers (daily newspapers, including inserts), magazines, office paper, brown paper bags, junk mail, telephone books

(4)   Plastic bottles numbers 1-7

Recycling container means a plastic container provided by the Collector and used for storage/collection of recyclable materials.

Residential service means that service provided to residential housing and billed through the City of Melbourne Utility Water, Trash and Sewer Invoice.

Trash means all debris and rubbish, and all materials generated as a result of individual ground maintenance and improvements, and all items other than garbage intended for disposal, but does not include autos, auto parts, or materials that accumulate as the result of building operations, building alterations, or clearing of lots.  Consistent with s. 790.33, Florida Statutes, ammunition shall not be included in this definition.

Tree means a woody or fibrous perennial plant with one or more upright limbs with a minimum dbh of four (4) inches, or a sum of four (4) or more inches for multi-stemmed trees, and which will attain an average mature height of at least ten (10) feet.

User means any customer of contract collector or a tenant of a customer of contract collector.

Vegetation means any plant material including but not limited to trees, shrubs, herbs and grasses.

(Ord. No. 87-13,  1, 7-21-87; Ord. No. 89-9,  2, 4-18-89; Ord. No. 91-8,  1, 1-15-91; Ord. No. 94-16, 1, 9-20-94; Ord. 04-04, 1, 1-20-04; Ord. No. 06-05, 1, 2-21-06; Ord. No. 09-12, 1, 6-16-09; Ord. No. 11-18, 7, 10-18-11)

Sec. 8-2. Accumulations prohibited generally.

All lands in the town shall be kept free from any kind of trash or filth including, but not limited to, broken tree limbs, leaves or branches, any uncontainerized garbage or refuse, or any other type of material which might conceal pools of water, create breeding places for mosquitoes or which might be otherwise detrimental to the health or safety of the inhabitants of the town. The existence of any such trash or filth is hereby declared to be a nuisance. (Code 1962,  16-12)

State law references–Sanitary nuisances, F.S.  386.01; nuisances injurious to health, F.S.  386.041.

Sec. 8-5. Duty to use contract collector; fees.

(a) Residential: All residents or occupants of residential dwellings, houses and units in the town, wherever situated as to zoning, shall be required to have accumulations of garbage and trash removed and disposed of by the collector holding a contract or franchise agreement with the town, and for such service shall pay the collector such fees and charges as are agreed upon by the terms of the franchise agreement. Fees and charges for garbage and trash shall be chargeable on newly constructed residential units immediately upon occupancy or whenever the first garbage and trash collection is made by the contractor, whichever shall occur first.

(b) Commercial: All occupants of premises used for commercial purposes shall be required to have accumulations of garbage and trash removed and disposed of by the franchised collector and shall pay to him such fees and charges as are authorized for commercial collection in the franchise agreement with the town.  Each occupant shall contract with the franchised collector and either provide a garbage container or utilize the dumpster that is provided for the building in which the occupant is located.

(c) Evidence of accumulation: The fact that any place of abode or any place of business is occupied shall be prima facie evidence that garbage or trash or both is being produced and accumulated upon such premises, and that charges and fees for the collection and disposal thereof are due the collector.

(d)  Construction and Demolition Debris: The Collector shall have exclusive right to provide service for the collection of construction and demolition debris materials generated in the construction of buildings and structures or the clearing of land and preparation of sites for construction.

(Code 1962,  16-29; Ord. 04-04, 2, 1-20-04; Ord. 09-12, 2, 6-16-09

Sec. 8-5.5. Precollection recycling procedures.

Recyclable garbage, trash and refuse from single- and multi-family residences shall be prepared for collection as follows:

(1)   All household trash and garbage shall be drained of all liquids prior to deposit in containers. Recyclable glass food containers shall be rinsed prior to placement in recycling containers. Metal cans need not be flattened, and labels need not be removed from cans or glass. Newspapers shall be free of food or other contaminants when placed in recycling containers. Recyclable plastic containers shall have the lids removed and be rinsed. The remaining household trash may be combined with garbage in acceptable refuse containers.

(2)   All recyclable materials shall be sorted from other garbage and refuse and placed in proper recycling containers. For single-family residential units recycling containers shall be placed at curbside, separate and apart from any other containers on the day specified (by the collector) for collection of recyclable materials. For multifamily residential units recyclable material shall be placed in containers supplied by the collector.

(3)   The abuse or use of recycling containers for purposes other than as provided herein is prohibited; and

(4) Recyclable material placed at curbside in recycling containers for collection shall become the property of the town. It shall be a violation of this section for any person, other than as authorized by the town, to collect or pick up or cause to be picked up any recyclable material so placed. (Ord. No. 89-9,  3, 4-18-89; Ord. No. 91-8,  2, 1-15-91; Ord. No. 09-12, 3, 6-16-09)

Sec. 8-6. Entitlement to trash collection for payment of garbage fee.

All persons are entitled to the removal of trash from their premises upon payment of the garbage fee, providing the quantity of trash shall not require more trash containers than garbage cans used by such person. If no garbage accumulates requiring removal from such residence or place of business, then such person shall be entitled to the removal of double the amount of trash. (Code 1962,  16-19)

Sec. 8-7. Collector to furnish list of customers.

The contractor collector for the town shall furnish to the town clerk the names and addresses of his customers. (Code 1962,  16-27)

Sec. 8-8. Permit required to collect, transport, dispose, etc.

No person shall remove garbage or trash from any premises or transport garbage or trash through the streets or alleys or public ways, or dump, bury or incinerate garbage or trash within the limits of the town, or permit himself to be employed or engaged for any such removal, transportation or disposal, without first having secured a permit for such services from the town clerk. (Code 1962, 16-28)

Sec. 8-9. Requirements for vehicles hauling garbage.

Any person removing garbage from premises within the town shall use vehicles especially designed for the conveyance of garbage. Such vehicles shall be of an approved type, shall meet the requirements of the state and of the town and shall be of such construction and design as to be leakproof. (Code 1962,  16-25; Ord. No. 09-12, 4, 6-16-09)

Sec. 8-10. Requirements for vehicles hauling trash.

Any person transporting trash or debris from any premises in the town may convey such trash or debris by commercial type vehicles. Such vehicles shall have protective covers to prevent trash and debris from littering the streets while in transit, or the owner or operator of such vehicles shall be responsible for clearing up or picking up any trash or debris falling from the vehicles. (Code 1962, 16-26)

Sec. 8-11. Duty to provide receptacles.

(a)  It shall be the duty of the occupant of any premises in the town to contact the collector and secure receptacles for the disposal of garbage and trash sufficient in capacity to accommodate the accumulation of garbage and trash from his premises between pickups by the contract collector. Such containers shall conform to the requirements specified in the contract between the town and the contract collector.

(b)  Construction and demolition debris materials generated in the construction of, or demolition of, buildings and structures or the clearing of land and preparation of sites for construction shall be placed in an on-site dumpster or within a temporary on-site fenced area.  If temporary fencing is used it shall be woven wire, chain link or equal and shall prevent wind blown debris from occurring and shall be constructed to contain the debris.

(c)  A covered trash receptacle container shall be provided for employee garbage on all sites involving the construction or demolition of buildings and structures or the clearing of land and preparation of sites for construction.(Code 1962,  16-13, 16-16; Ord. 04-05, 1, 2-17-04; Ord. No. 06-05, 2, 2-21-06)

Sec. 8-12. Location of residential receptacles; removal from right-of-way.

Trash receptacles shall be located at curbside for all residential collections. Receptacles for residential garbage collection shall be located either at curbside or at the rear door of the residence, at the option of the resident. Customers taking the rear door option shall allow the franchisees to place a mark on the curb or street to afford identification of rear door service; further, all containers shall be accessible for collection. Receptacles containing garbage located at curbside shall be placed at curbside no more than twelve (12) hours before the scheduled collection time, and shall be removed within twelve (12) hours after collection. (Code 1962,  16-14, 16-17; Ord. No. 83-321,  3, 1-3-83)

Cross reference–Trash container areas,  5.5-65.

Sec. 8-12.1. Dumpsters.

(a) Commercial garbage and trash shall be contained in a dumpster and shall be collected from an area designated by the user who shall provide that such area is accessible to the commercial collector’s vehicle. Dumpsters shall be of sufficient size to accommodate the amount of garbage and trash generated by the user and all garbage and trash shall be deposited within the dumpster. All dumpsters placed within the town relating to the collection of garbage and every day trash shall be located, con­cealed, and maintained in conformance with the standards and criteria of this section.

(b) It is the responsibility of the proposed user to identify the number, size, and type of all trash containers and enclosures, either known or generally estimated, on the site plans submitted to the town for building permits.

(c) Dumpsters shall be placed within property lines and shall be located in a position convenient to pickup by front and rear loaders.

(d) Enclosures shall shield all four (4) sides of dumpsters except for dumpsters used while construction is in progress. The enclosures shall be in place, for any activity that requires the use of a dumpster, upon completion of new structures, or remodeling of existing structures, or upon request for a business tax receipt or upon renewal of a business tax receipt . Enclosures shall comply with the following standards:

(1)   All dumpsters shall be required to be shielded by solid wooden walls and solid gates. Stuccoed masonry or vinyl walls may be used provided the vinyl is of a strength equal to or exceeding that of wood.

(2)   The height of the walls and gates shall be as follows:

Up to six (6) cubic yard container: Six (6) feet high.

Up to eight (8) cubic yard container: Eight (8) feet high.

(3)   The minimum inside dimensions of the enclosures shall be three (3) feet wider than the width of the dumpster and two (2) feet deeper than the depth. If the size of the dumpster is unknown, then the minimum size of a proposed enclosure shall be ten (10) feet by ten (10) feet (inside dimensions) with eight-foot-high walls. Upon written approval of the sanitation contractor, the depth can be adjusted.

(4)   The gates of the enclosure shall have no panel wider than six (6) feet and shall be constructed of a material of sufficient strength to withstand normal daily use of trash disposal and pickup. Chain link gates with slats are not permitted. Gates shall have cane bolts to secure the gates in the open and closed positions. Cane bolts shall be mounted six (6) inches from the edge of the door.

(5)   The base of the enclosure is to be concrete with a minimum of four (4) inches in depth.

(6)   Gates should be closed at all times except during pickup. Employees of the sanitation contractor shall be responsible for opening and closing the gates to the enclosure.

(7)   The sanitation contractor will be responsible for any damage incurred to the enclosure provided that the enclosure is otherwise in compliance with this Code. (Ord. No. 83-321, 4, 1-3-83; Ord. No. 87-13,  2, 7-21-87; Ord. No. 90-10,  1, 3-20-90; Ord. No. 90-14,  1, 9-18-90; Ord. No. 02-22, 1, 9-17-02,  Ord. No. 07-12,2,,  7-17-07)

Cross reference—Trash container areas,  5.5-65.

(1)   All dumpsters shall be required to be shielded by solid wooden walls and solid gates. Stuccoed masonry or vinyl walls may be used provided the vinyl is of a strength equal to or exceeding that of wood.

(2)   The height of the walls and gates shall be as follows:

Up to six (6) cubic yard container: Six (6) feet high.

Up to eight (8) cubic yard container: Eight (8) feet high.

(3)   The minimum inside dimensions of the enclosures shall be three (3) feet wider than the width of the dumpster and two (2) feet deeper than the depth. If the size of the dumpster is unknown, then the minimum size of a proposed enclosure shall be ten (10) feet by ten (10) feet (inside dimensions) with eight-foot-high walls. Upon written approval of the sanitation contractor, the depth can be adjusted.

(4)   The gates of the enclosure shall have no panel wider than six (6) feet and shall be constructed of a material of sufficient strength to withstand normal daily use of trash disposal and pickup. Chain link gates with slats are not permitted. Gates shall have cane bolts to secure the gates in the open and closed positions. Cane bolts shall be mounted six (6) inches from the edge of the door.

(5)   The base of the enclosure is to be concrete with a minimum of four (4) inches in depth.

(6)   Gates should be closed at all times except during pickup. Employees of the sanitation contractor shall be responsible for opening and closing the gates to the enclosure.

(7)   The sanitation contractor will be responsible for any damage incurred to the enclosure provided that the enclosure is otherwise in compliance with this Code. (Ord. No. 83-321, 4, 1-3-83; Ord. No. 87-13,  2, 7-21-87; Ord. No. 90-10,  1, 3-20-90; Ord. No. 90-14,  1, 9-18-90; Ord. No. 02-22, 1, 9-17-02; Ord. No. 07-12, 2, 7-17-07)

Cross reference—Trash container areas,  5.5-65.

Sec. 8-13. Preparation of garbage for disposal; daily deposit required.

All garbage, tin cans and bottles shall be drained of all liquid prior to being deposited in a garbage container. Wet garbage shall be wrapped in a plastic bag before being placed in the garbage container. (Code 1962, 16-15; Ord. No. 09-12, 5, 6-16-09)

Sec. 8-14. Garbage cans, receptacles to be kept closed.

Garbage containers shall be kept tightly covered at all times except when it is necessary to lift the cover to deposit garbage therein. (Code 1962,  16-15; Ord. No. 09-12, 6, 6-16-09)

Sec. 8-15. Manner of depositing trash.

All trash placed in a container or receptacle shall be weighed down or covered so that the lighter materials thereof shall be prevented from being blown out of the container or off the premises. (Code 1962,  16-16)

Sec. 8-16. Disposal of garden trash.

(a) All residents and occupants of premises in the town shall deposit garden trash, when and as it is accumulated, upon the street rights‑of‑way immediately in front of the premises of the person by whom such accumulation is made, or in another approved location which may be from time to time designated by the town, or on or near a used alley where such premises are located upon a used alley, for removal and disposition by the contractor collector for the town but not in that portion of the street used by motor vehicles except for that portion of the street right-of-way containing the resident’s driveway.

(b) Residents and occupants may arrange for private removal and transportation of such garden trash.

(c) It shall be unlawful for any resident or occupant to deposit garden trash upon any adjoining lot or premises, whether vacant or improved, occupied or unoccupied, or upon any other premises or that portion of the street used by motor vehicles, alley or park, or any canal or waterway within the town. (Code 1962,  16-24; Ord. 12-14, 1, 9-18-12)

Sec. 8-17. Misuse of public receptacles.

It shall be unlawful for any resident or occupant of a premises in the town to place trash or garbage generated on his premises in any town-owned receptacle placed within the town for the use of the public. (Code 1962,  16-29)

Sec. 8-18. Burying garbage prohibited.

It shall be unlawful to bury garbage anywhere in the town. (Code 1962,  16-19)

Sec. 8-19. Reserved.

Editor’s note–Ord. No. 84-351, 1, adopted Sept. 18, 1984, repealed 8-19, pertaining to littering in general, derived from Code 1962, 16-2.

Sec. 8-20. Placing on land of another.

It shall be unlawful for any person to place or deposit any trash, filth, weeds, cans, boxes, bottles, tubs, buckets, motor vehicle bodies or parts thereof, or other refuse or garbage on the land of another within the town without written consent of the owner thereof. (Code 1962,  16-3)

State law reference--Trespass generally, F.S. Ch. 810.

Sec. 8-21. Construction or landscaping debris on streets, vacant lots.

It shall be unlawful to place building materials, scrap plaster or any other refuse from building or other construction, or landscaping, on street or vacant lot in the town. (Code 1962, 16-65)

Secs. 8-22–8-41. Reserved.

ARTICLE II. LOT CLEARING**

Sec. 8-42. Short title; Legislative intent.

(a)  This article shall be known as the “Town of Indialantic Lot Clearing Ordinance” and shall be applicable in the town.

(b)  The town council finds and determines that urbanization of the community has caused a need for and requires the reasonable and effective control and regulation of excessive growth and accumulation of weeds and other plant life which may threaten or endanger the public health, or adversely affect and impair the economic welfare of adjacent property.  Further, the town council finds and determines that the accumulation of garbage and trash in violation of this article, and the accumulation, storage or maintenance of junk or trash in violation of this article, requires reasonable and effective controls to protect the public health, economic order, aesthetics, safety, and welfare of the community.  Removal of junked, unclaimed, or abandoned motor vehicles, as defined in section 715.07, Florida Statutes, may be accomplished pursuant to sections 715.05 and 715.07, Florida Statutes, and such removal while authorized by this code section shall not be subject to the provisions of this article.

(c)  Any action taken pursuant to this article in regard to the abatement, disposal, or removal of the conditions herein declared to be a public nuisance shall be considered cumulative and in addition to other penalties or remedies provided elsewhere in this code or by federal or state statute or administrative rule.

(Ord. No. 84-340, 1, 2-21-84; Ord. No. 91-11, 2, 2-19-91; Ord. No. 94-3, 2, 12-7-93; Ord. No. 94-16, 2, 9-20-94)

Sec. 8-43.  Public nuisances prohibited.

The existence of excessive growth and accumulation of weeds and other plant life which may threaten or endanger the public health, or adversely affect and impair the economic welfare of adjacent property, may be declared to be a public nuisance by the Town.  A public nuisance shall include the definition as provided in Section 8-43.1.  Further, the accumulation of garbage and trash on private property in violation and in a manner other than as described in article I of this chapter, and the accumulation, storage or maintenance of junk or trash, except for compost piles, in violation of article I of this chapter, is hereby prohibited and declared to be a public nuisance.  The creation of other severe continuing nuisances, such as standing pools of water, erosion, or swirling sand caused by leaving exposed earth and/or sand without proper seeding, as prescribed in section 13-34 of this code, during the process of abating any or all of the above nuisances, is hereby prohibited and also declared to be a public nuisance.  (Ord. No. 84-340, 1, 2-21-84; Ord. No. 91-11, 3, 2-19-91; Ord. No. 94-16, 3, 9-20-94)

____________

*Editor’s note--Ord. No. 91-11, enacted Feb. 19, 1991, amended Art. II in its entirety, to read as set out in 8-42–8-46.  Prior to amendment, Art. II had consisted of similar provisions designated as 8-32–8-41; said provisions were derived from Ord. No. 84-340, enacted Feb. 21, 1984.  Prior to Ord. No. 84-340, said provisions were derived from Code 1962, 16-34, 16-42–16-46, and Ord. No. 256, 1-3, enacted May 21, 1979.

Cross reference–Code enforcement board, 2-5

Sec. 8-43.1   Applicability.

(a)  Developed lots and vacant lots previously stripped of vegetation and capable of being mowed with grass or weeds over eight (8) inches in height shall be declared a public nuisance.  (These lots are referenced in the “Vegetation Survey of Vacant Lots” on file in the Building Department).

(b)  Vacant lots which have never been cleared to any extent and which contain both native and non-native vegetation and plant life may only be cleared when either a building permit is being requested or one or more of the following applicable conditions have been met (these lots are referenced in the “Vegetation Survey of Vacant Lots” on file in the Building Department):

(1)     An application for a lot clearing permit shall be submitted by the owner or the owner’s agent to the Building Official.

(2)     A sketch plan showing the location of existing trees and native vegetative communities, the existing and proposed structures, and existing and proposed driveways or other paved surfaces shall accompany the application.

(3)         Selective hand clearing of noxious or undesirable vegetation, such as Brazilian Pepper, but not native vegetation or trees, may be permitted by the Building Official after a site visit and a tagging by the applicant of vegetation to be removed.

(4)     A five (5) foot wide swath may be cleared along all adjacent property lines after approval by the Building Official of a sketch plan as defined in item b(2) above; however, no native vegetation or trees may be cleared.

(Ord. 94-16, 4, 9-20-94; Ord. 08-12, 1, 10-21-08)

Sec. 8-44.  Notice.

(a)  If the code enforcement officer finds and determines that a public nuisance as described and declared in section 8-43 exists, he shall so notify the owner of record of the offending property in writing and demand that such owner(s) cause the condition to be remedied.  The notice shall be given by personal service upon the owner or upon his agent, or by registered or certified U.S. mail, return receipt requested, addressed to the owner or owners of the property described, as their names and addresses are shown upon the latest Brevard County ad valorem tax records.  The giving of notice shall be deemed complete and sufficient when so addressed and deposited in the United States mail with proper postage prepaid.

(b)  Simultaneous with mailing the notice, the property shall be posted with a notice in substantially the form as depicted in this section of the code.

(c)   The notice shall be in substantially the following form:

NOTICE OF PUBLIC NUISANCE

Name of Owner    ______________________________________________________

Address of Owner ______________________________________________________

Our records indicate that you are the owner(s) of the following property in the Town of Indialantic, Florida:

(describe property)

An inspection of this property discloses, and I have found and determined, that a public nuisance exists thereon so as to constitute a violation of the Town of Indialantic Lot Clearing Ordinance in that:

(describe here the condition which places the property in violation)

You are hereby notified that unless the condition above-described is remedied so as to make it non-violative of the Town of Indialantic Lot Clearing Ordinance within ten (10) days from the date of this notice, the Town of Indialantic will proceed to remedy this condition and the cost of the work, including advertising costs and other expenses, will be imposed as a lien on the property if not otherwise paid within thirty (30) days after receipt of billing.

Town of Indialantic, Florida

By:       _______________________

Code Enforcement Officer

(Ord. No. 89-21, 1, 9-19-89; Ord. No. 91-11, 4, 2-19-91; Ord. 09-01, 1, 11-18-08)

Sec. 8‑45. Hearing.

(a)  Within ten (10) days after the mailing of notice to said owner or said owner’s agent, the owner of the property may make written request to the town manager for a hearing before  him or his designee to show that the condition alleged in the notice does not exist or that such condition does not constitute a public nuisance.

(b)  At the hearing the town and the property owner may introduce such evidence as is deemed necessary. The town manager shall establish rules and regulations for the hearing procedure. Following a review by the town manager, the owner will have exhausted his/her administrative remedies. (Ord. No. 89‑21, 2, 9‑19‑89; Ord. No. 91-11, 5, 2-19-91; Ord. 09-01, 2, 11-18-08)

Sec. 8‑46. Condition may be remedied by town.

(a)  If within ten (10) days after the mailing of the notice to said owner, or said owner’s agent, no hearing has been requested and the condition described in the notice has not been remedied, the town manager or said manager’s designee may cause the condition to be remedied by the town at the expense of the property owner. If a hearing has been held and has been concluded adversely to the property owner, the town manager may cause the condition to be remedied by the town at the expense of the property owner.

(b)  After causing the condition to be remedied, the town manager or said manager’s designee shall certify to the town clerk the expense incurred in remedying the condition and shall include a copy of the notice above-described and a copy of the decision of the code enforcement board, if any, whereupon such expense shall become payable within thirty (30) days, after which a special assessment lien and charge will be made upon the property, which shall be payable with interest at the rate of eight per cent (8%) per annum from the date of such certification until paid.  Notice of such lien shall be maintained in the town clerk’s office in a file created for such purpose and may be filed in the office of the clerk of the circuit court and recorded among the public records of the county.  Such lien shall be enforceable immediately or at any time within a period of twenty (20) years after recording of same in the records of the town clerk, all in the same manner as a special assessment lien in favor of the town under chapter 170, Florida Statutes, and may be satisfied at any time by payment thereof including accrued interest.  Upon such payment, the town clerk shall by appropriate means evidence the satisfaction and cancellation of such lien upon the record, and as appropriate, in the public records of Brevard County, Florida, thereof.

(Ord. No. 89-21, 3, 9-19-89; Ord. 91-11, 6, 2-19-91; Ord. No. 11-10, 1, 5-17-11)

Secs. 8‑47–8‑49. Reserved.

ARTICLE III. LITTERING*

Sec. 8‑50. Intent.

It shall be the intent of this article to enhance the public welfare, improve the cleanliness and beauty of the town, decrease the public expense incident to the littering of public and private property, and to combine all sections of the code relating to litter within one article. (Ord. No. 84‑351,  2, 9‑18‑84)

Sec. 8‑51. Definitions.

As used in this article, the following words and phrases shall have the meanings indicated:

___________

*Editor’s note–Ord. No. 84‑351,  2, adopted Sept. 18,1984, enacted a new Art. III,  8‑50–8‑53, to read as herein set out.

(1) Handbills. Any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper booklet, or any printed matter or literature which is not delivered by the United States Postal Service, except that “handbill” shall not include newspapers. A handbill shall be considered a commercial handbill if it advertises anything for sale or promotional gifts or prizes, if it directs attention to or advertises a meeting or performance at which an admission fee is charged for purposes of gain or profit, or if while containing some reading or pictorial material, it is predominantly advertisement and is distributed or circulated for advertising purposes, including the private gain of advertisers or distributors.

(2)    Litter. All uncontainerized man‑made materials, including but not limiteConsistent with s. 790.33, Florida Statutes, ammunition shall not be included in this definition.d to bottles, glass, garbage, trash, cans, scrap metal, refuse, paper, cigarettes/cigars, rubbish, disposable packages, or containers.

(3)    Litter receptacle. A container constructed and placed for public use as a depository for litter.

(4)    Newspaper. Any newspaper of general circulation, as defined by law, or any newspaper duly entered with the United States Postal Service; shall include any periodical or magazine regularly published with not less than four (4) issues per year and sold or distributed to the public.

(5)    Private property. Property owned by any person as defined herein (other than public property), including but not limited to yards, grounds, driveways, entrances or passageways, parking areas, any body of water, vacant land, or private recreational facility.

(6) Public property. Any area that is used or held out for use by the public whether owned or operated by public or private interests, including but not limited to highways, streets, alleys, beaches, parks, recreational areas, parking lots, sidewalks, medians, causeways, or bodies of water. (Ord. No. 84‑351,  2, 9‑18‑84; Ord. No. 11-18, 8, 10-18-11)

Sec. 8‑52. Unlawful acts.

(1)    Acts prohibited. It is unlawful for any person to throw, discard, place or deposit litter as herein defined in any manner or amount:

(a)   In or on any public highway, road, street, alley or thoroughfare, including any portion of the right‑of‑way thereof, or any other public lands, except in litter receptacles. When any litter is thrown or discarded from a motor vehicle, the owner, where knowledge is shown, or the operator of the motor vehicle, or both, shall be deemed in violation of this article.

(b)   In or on any river, stream, tidal, or coastal water of the state or other body of water within the town. When any litter is thrown or discarded from a boat, the owner, where knowledge is shown, or the operator of the boat, or both, shall be deemed in violation of this article.

(c)  In or on any private property.

(2)  Handbills and newspapers.

(a)     It shall be unlawful to distribute or cause to be distributed handbills or newspapers within the city in such a manner as to create litter.

(b)   No person shall throw, scatter, or cast any kind of handbill or newspaper in or upon any public place within the city. It shall be lawful for any person to hand out or distribute handbills or newspapers in any public place, except in the public right‑of‑way, to any person willing to accept such handbill or newspaper.

(c)     No person shall deposit, fasten, throw, scatter, or cast any handbill or newspaper in or upon any vehicle. This provision shall not prohibit the handing of any handbill or newspaper to the owner or occupant of any vehicle if the person is willing to accept said handbill or newspaper.

(d)   No person shall place or cause to be placed any handbill or newspaper in or upon any premises if requested in writing by the owner or occupant thereon not to do so.

(e)   Any person distributing handbills or newspapers shall maintain the area which they are utilizing free of any litter caused by said handbill or newspaper distribution.

(f)    It shall be unlawful for any person to distribute or cause to be distributed any commercial handbill in any place, under any circumstances, which does not have printed on the handbill the names and addresses of the persons who printed, wrote, distributed, compiled, or manufactured said commercial handbill. (Ord. No. 84‑351, 2, 9‑18‑84)

Sec. 8-53. Penalties and enforcement.

(1) Any person, firm, corporation, business or other entity violating any provision of this article, upon conviction thereof, shall be guilty of a misdemeanor of the second degree, punishable as provided in section 10‑1 of this Code.

(2) Violations of this article which are also violations of the Florida Litter Law, Section 403.413, Florida Statutes, as hereafter amended, may be enforced in accordance with those powers outlined in said Florida Litter Law, which law is incorporated herein by this reference.

(3) Violations of this article may be referred to the Town of Indialantic Code Enforcement Board for disposition. The board shall adhere to its established procedure for notice, timely compliance, and the setting of hearing dates. When violations are referred to the code enforcement board, the penalties for violations shall be in accordance with the provisions for enforcement of its orders. (Ord. No. 84‑351,  2, 9‑18‑84)

Sec. 8-54. Enforcement.

(a)   Citations generally.

(1)   Any litter enforcement officer, as herein defined, may issue a citation to any person, business entity, or other entity violating the requirements of section 5‑16 (Garbage disposal–Watercraft), section 8‑20 (Placing on land of another), section 8‑21 (Construction or landscaping debris on streets, vacant lots), section 10‑11 (Littering causeway), or Florida Statute Section 403.413, the Florida Litter Law of 1971 as amended from time to time. Any such violator receiving a citation shall be deemed charged with a misdemeanor in the second degree pursuant to Florida Statute Section 403.413(5).

(2)   A violator may pay the fine as provided for herein below in subsection 8 and waive his right to a hearing and enforcement by a county court judge.

(b)    Citation forms. Citations used in citing litter violations shall be on prenumbered forms as required and approved by the clerk and shall provide blank spaces for entering of the following information:

(1)    Date, time and location of violation.

(2)    Name and address of violator.

(3)    Violator’s date of birth.

(4)    Description of the violation.

(5)    Directions as to payment of the penalty or request for a hearing.

(6)     Statement as to the effect of the election to request a hearing rather than pay the fine listed on the citation.

(7)    Name and signature of issuing officer.

(8)    Name and signature of person receiving the citation.

(c)    Penalties.

(1)   Penalties imposed for the first violation of this section, except those violations to which subsection (e) is applicable, shall be:

a.   Five dollars ($5.00), if paid to the finance director of the town within ten (10) days of issuance of the citation.

b.   Fifteen dollars ($15.00) if paid to the finance director of the town more than ten (10) days but within twenty (20) days of issuance of the citation.

(2)   If the fine outlined in subsection (c)(1) is not paid within the twenty (20) day period outlined therein, the clerk shall cause the violator listed on the citation to be served with a court summons requiring payment or attendance at a hearing at a time and place specified on such summons in accordance with Florida Rules of Criminal Procedure. A county judge, after a hearing, shall make a determination as to whether a littering violation has been committed and may impose a penalty not to exceed that authorized by Florida Statute Section 775.082 and Section 775.083, as amended from time to time.

(3)   Nonpayment of the penalty within such twenty (20) day period shall be prima facie evidence of the violator’s election to waive the right to pay the fine imposed in (c)(1)a. or b.

(d)    Hearing

(1)     A hearing may be requested by the person receiving such citation for the purpose of presenting evidence before a county judge concerning a littering violation. The cited person must request a hearing within twenty (20) days of the issuance of such citation by informing the clerk of the County Court of Brevard (Criminal Division) of such intention. Any person requesting a hearing who does not appear in accordance with such request, shall be subject to contempt proceedings or to such other penalties as the court may, in its discretion, impose to require compliance with this section.

(2)     An election to request a hearing constitutes a waiver of the right to pay the fine indicated on the citation, and a county judge, after a hearing, may impose a penalty not to exceed the limits set forth in Florida Statute Section 775.082 and Section 775.083, as amended from time to time.

(e)    Court action without a citation. In the event there is evidence to support a finding that:

(1)   A citation is issued to a person, business or entity, or other entity which has previously been cited for violating any of the ordinances listed in subsection (a) or Florida Statute Section 403.413, as amended, or

(2)   If the litter which is the subject of such violation is of a type or quantity that significantly and negatively impacts the public health or safety.

Then the town may institute court action pursuant to subsection (c)(2) without affording the benefit of the citation/fine procedure outlined in subsection (c)(1) by having a law enforcement officer arrest the violator pursuant to Florida Statute Section 403.143, as amended from time to time.

(f)     Authorized enforcement officer. For purposes of this section, any parking enforcement specialist so designated by the town or any law enforcement officer of the town shall be authorized to issue citations hereunder. (Ord. No. 86‑8,  1–6, 4‑15‑86)

Editor’s note–Ord. No. 86‑8,  1–6, adopted April 15, 1986, purported to amend the Code by adding provisions designated as  8‑51. For purposes of classification, the editors have redesignated these provisions as  8‑54.