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O-36-35 AN ORDINANCKPROVIDING FOR THE COLLECTION OF GARBAGEO OFFAL -AND REFUSE WITHIN THEIVILLAGE BY THE-VILLAGE OR -ITS.' DULY APPOINTED AGENTS AND EMPLOYEES.9 AND PROVIDING FOR THE.;ISSUANCE OF .A LICENSE BY THE VILLAGE­T0 ALL PERSONS HAVING GARBAGE., OFFAL OR REFUSE ON. THEIR PREMISES* WITHIN SAID VILLAGEO PROVIDING FOR THE AMOUNT OF LICENSE AND FOR THE ISSUANCE OF tip, GARBAGE CANS TO PERSONS WITHIN THE VILLAGE PRESCRIBING, THE NUMBER OF `CANS TO. BE USED ANDPROVIDING FOR PENALTY OF -VIOLATION OF THIS ,ORDINANCE. WHEREAS­th'6' Villagp has used the servicO., 'of the City of' am ��. Xi 'i for the' collection of garbage, � offal and �refuse within the Villag& �fo'r several years and has paid therefo val:uable .considerat�on., r and WHEREAS the cort �of coll�ction,. 6f­tuch garbagei-,Qffal and refuse within-the Village has increased by .re'asion of the ,growth- ot,,the population-thereof., and -revent in thb-f-dtur -WHEREAS- in det'to e an unrea dhable or lo p increase in ,the cost of the, collection of such garbage ' offal and refuse in ,the Village,, ,and to protect the -healthj, :safet and welfare e of the residents of said ,Village by the proper. disposal :of� the` sale ­ a uniform­plan for the collection. and disposal thereof, and equitable.!: distribution of the cost ofthe benefits derived th6refrom. has�' become necessary. NOW THEREFORE., BEIT ORDAINED BY MIAMI SHORES VILLAGE:- SECTION 10 That from and after the effective date hereof the ' Village ,.shadi .itself,., or �,through its duly appointed agents or employees or by contract with the City of NJ am or otherwise,, as it may deem nece4sary, collect allgarbage,, offal and refu'se 'within Miami Shores I Village, and all person's firms or corporations residing or doing busi- ness within said Village, having such garbage, offal or refuse ,on their premises shall place their said garbage, offal and refuse within a.. can,, receptacle or container to be' RKRvide4_by tb,.e il;,a with a good and sufficient cover or top therefor,, and *the same shall .remain, the pro- ,perty of the Village; the, capacity thereotto be' designated by th6,, Village Manager., and: s aid Villagep -itself agents or employess or :Other persons employed. for that purpose shall collect from such garbage cans., receptaclesor containers, all garbage, offal or refuse from said premises at the times and occasions to be designated and determined' by the Village Manager, and all persons within said Village shall be liable for and pay unto said Village the sum of $10.00 per annum for the col- lection of such garbage., offal and refuse on their premises aforesaid., and the Village shall 'through its Mamge* r* issue a -license to said per- sons, firms or corporations upon the terms and conditions as herein pro- vided., andsaid license shall expire one year after the datethereof., and shall entitle the holder thereof to have all the garbage, offal and refuse on said premises of the holder thereofi'collected by the Village as aforesaid., during said term as prescribed by said license. Any person, firm or corporation failing to procure such license or failing to comply with the provisions of this ordinance, as set forth herein, shall not be entitled to have the garbage, offal and refuse on said premises removed by said Village, or its agents., employees or other duly authorized persons to do so2 and ' the same shall not be removed from such premises or any �pprtion,thereof by said Village, or its agents, employees, or otherewise, and in the event such garbage, offal and refuse is not removed from the Village limits in a strictly sanitary .and health- ful -manner., the same shall constitute a nuisance, and such persons, firms or corporations shall. suffer such penalties as provided by law and the ordinances of the Village for the maintenance of such nuisance and for the violation of any other laws or ordinances of' the Village applicable thereto. SECTION 2. This ordinance shall be applicable to all persons, firms or corporations having garbage, offal and refuse on their premises whether the same be a residence, house, home.apartment., apartment house,, drug store, meat store,, grocery store, lumber yard, or any other busi- ness or building wherein and whereby garbage., offal and refuse may or does accumulate on the premises thereof. SECTION 3. All garbage cans., receptacles or containers, as herein provided shall be of a size, quantity and material desi gnated by the Village Manager, and in the event such persons, firms or corpora- tions shall own or have such can, receptacle or container which meets with .the requirements of the Village Manager in regard thereto and of J the provisions of ..this, ordinance and if same. be-f it f or,..the uses and , purposes herein -expressed., may, use such cans,, receptacles or- containers As herein provided, and such use of such"privately owned: . cans.,, receptacles or containers shall be deemedto be-,ful- T,. compliance with-this ordinanceY but in no event shall the use of-, a can, receptacle . or container owned by such .person., firm or corporation: -as afor.said, entitle the owner thereof to a 'reduction of the ii. censq. tax as herein- before provided. -SECTION 4. Iq o person$ firm or corwtAtion shall have morEk than one can receptacle or Container as herein Drovided on their " premises., unless and until the Village -Manager in.his discretion shall ' ' authorize. and issue the license as provided for herein.,, for the us,e. of '.1 . any .additional.- cans rec pptacles or contain' ers.- and for each such addi- per so A,$ f I-= or cor tional can, receptacle or, c-ohtainer., such poration shall,be liaVle- f or-and pay- the: :License 'tax�therefor 4.n -the -amount as- herein provided. SECTION 5i, The�,said ' can , r.e'ceptacle or-container a herein provided whether furnished by the Village as herein auth'oriz6d,, or privately owned- as herein set forth,, . shall atall times be kept: closed and thatthe t6'ver -o I r top thereof -shall at all times and in any be securely-, fastened�.� - on such can., receptacle or � contaizier,,' and event UP failure to so keep.'said can-S receptacle or container securely, closed q shall be a -violation of.,this ordinance and the person., -firm or corpora- �,tion so violating this orain4ne e shall be liable -,for ,the:, penalties therefor as herein provided. .', Any pers o n2 f irm or corpdtat who, or _Vdaigho SECTION' 6 ion,, shall for himself 6r .thro-t�gh Another violate ,the provisions', of this ordinance shall be pinished: by a, fine not exceeding .$�OXO -or by I imprisonment at hard labor --bn the streets orother, Pub c� works of�: the p Village., .or Any other .. p �awful lace for. a period riot- exceediniz 'thirty (30) days,, or- both such fineand impri-soment in the discretion of� the Court of:.the Village. SECTION. 70 . Each word phrase., sentence or section of this ordinance shall be severable ,and the invalidity of any word., phrase* F tl �7, Ei, Ant enc a or s -rit or degree impair My% 9ther' _p 4L r t th ri�of -Its, 'A� 4 Or SSCTIQ*N�, a d -LVV,' diat6jy-,-_� Thl t -an emergency eitsts.. for. ".protiotion, of the� Ak L UAaaMoils- opt pts"6 aj*� ,. -'d' ay ,of December; ' k.—Do. 10 ,JA, A Y-, n, TES Mayo ger 4 and Maxii 4 IV, Ak kc-