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ORDINANCE 20-1531
<br />AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA,
<br />AMENDING THE CODE OF ORDINANCES, PART III, UNIFIED LAND
<br />DEVELOPMENT REGULATIONS, CHAPTER II, DISTRICT AND
<br />GENERAL REGULATIONS, ARTICLE VII, GENERAL REGULATIONS,
<br />TO CREATE A NEW SECTION 2-7.38, "COLLECTION BINS", TO
<br />PROVIDE TIME, PLACE, AND MANNER REGULATIONS; AND TO
<br />AMEND PART III, UNIFIED LAND DEVELOPMENT REGULATIONS,
<br />CHAPTER V, GLOSSARY, ARTICLE XXI, LANGUAGE AND
<br />DEFINITIONS, SECTION 5-21.2, DEFINITION OF TERMS, TO ADD
<br />DEFINITIONS; PROVIDING FOR CODIFICATION, CONFLICTS,
<br />SEVERABILITY, AND AN EFFECTIVE DATE.
<br />WHEREAS, within the City of Casselberry (City), containers have been placed on public
<br />and private property that are identified by the State of Florida (State) within Chapter 496, Section
<br />496.4121, Florida Statutes (F.S.) as "collection receptacles used for donations" and the State
<br />defined collection receptacles used for donations are herein referred to in the City as "collection
<br />bins"; and
<br />WHEREAS, there are or have been several collection bins located on public and private
<br />property within the City, some without record property owner's permission representing
<br />trespassing more than solicitation. In some cases, the collection bins have been unmaintained,
<br />resulting in unsightly conditions, blight, accumulation of litter and debris, and the creation of
<br />nuisances; and
<br />WHEREAS, Chapter 70 of the City's Code of Ordinances identifies solid waste, refuse,
<br />rubbish, recyclable materials, and debris with standards for its storage, collection, and disposal.
<br />Chapter 70 also identifies collection franchisees, as well as allows for voluntary and non-profit
<br />organizations to collect recyclable materials, provided that such materials are not removed from
<br />containers after placement for collection by the franchisee or the City; and
<br />WHEREAS, Section 70-59 of the City's Code of Ordinances addresses litter and solid
<br />waste management, with the potential use of code enforcement action where litter occurs; and
<br />WHEREAS, the City Code of Ordinances currently does not provide for specific
<br />regulations for the placement and maintenance of collection bins, identification of collection bin
<br />ownership and record property ownership, and the process to enforce collection bin maintenance
<br />with City code enforcement staff, and
<br />WHEREAS, to remove or reduce unsightly conditions, blight, accumulation of litter and
<br />debris, and the creation of nuisances, in support of Chapter 70 of the Code of Ordinances, City
<br />code enforcement staff has approached record property owners to maintain collection bins; and
<br />WHEREAS, Chapter 496, Section 496.4121, F.S., provides regulations regarding
<br />collection bins, that does not preempt the City from the regulation of collection bins, pursuant to
<br />the City's regulations being more stringent than those provided by Chapter 496, F.S.; and
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