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O-529-90 ORDINANCE NUMBER 529.90 AN ORDINANCE AMENDING SECTIONS 9-1 and 9-6 THROUGH 9-8 , INCLUSIVE, OF ARTICLE I, CHAPTER 9 , OF THE CODE OF ORDINANCES, MIAMI SHORES VILLAGE, FLORIDA; REDEFINING RUBBISH, DEFINING RECYCLABLE ITEMS AND ESTABLISHING PROCEDURE FOR COLLECTION OF SAME; PROVIDING PENALTY FOR VIOLATION AND PROVIDING EFFECTIVE DATE. BE IT ORDAINED by Miami Shores Village: SECTION 1. Section 9-1 of the. Code of Ordinances of Miami Shores Village, Florida, presently defines Rubbish as follows : RUBBISH means refuse accumulation of paper, excelsior, rags , or wooden or paper boxes or containers , sweepings , and all other accumulations of a nature other than gar- bage, which are usual to housekeeping and to the operation of stores , offices and other business places , and also any bottles , cans or other containers which, due to their ability to retain water, may serve as breeding places for mosquitoes or other water-bre6ding ins-ects ; "rubbish" shall not include noncombustible refuse, as defined in this section. . SECTION 2. That part of Section 9-1 of the Code of Ordinances , of Miami Shores Village, Florida, defining Rubbish shall stand amended to read as follows : RUBBISH means refuse accumulation of paper, excelsior, rags , or wooden or paper boxes or containers , sweepings , and all other accumulations of a nature other than gar- bage, which are usual to housekeeping and to the operation of stores , offices and other business places , and containers , other than recyclable items , which, due to their ability to retain water,- may serve as breeding places for mosquitoes or other water breeding insects ; rubbish" shall not include noncombustible refuse, as defined in this section. RECYCLABLE ITEMS means : (a) NEWSPAPER shall be considered a periodical, usually daily or weekly, printed on newsprint and may include the normal percentage of rotogravure and colored sections included with the newspaper. Expressly prohibited are magazines , telephone books , plastic bags , glass , metal, and garbage. Adequate precautions shall be made to prevent newspaper from being scattered by the elements . (b) ALUMINUM and BIMETAL BEVERAGE CANS shall mean aluminum and bimetal alcoholic and soft drink cans only. No other cans , foil, or other metals shall be included. (c) GLASS, FOODS, and BEVERAGE CONTAINERS shall mean whole glass jars and bottles designed to contain grocery items such as ketchup, mustard, pickle, and mayonaise Jars , soft drink, beer, wine, and liquor bottles and medicine bottles . Removal of labels , caps or neck rings is not required. Glass should be reasonably free of food and beverage residue. No window glass , mirror glass , or other glass shall be included. SECTION 3 . Section 9-6 of the Code of Ordinances of Miami Shores Village, Florida, reads as follows : Sections 9-6 - 9-20 . Reserved. SECTION 4 . Section 9-6 of the Code of Ordinances of Miami Shores Village, Florida., shall stand amended to read as follows : Section 9-6 (a) Recyclable items as defined by Section 9-1 hereof, shall be segregated from all other solid waste material by residential refuse producers . Recyclable items , with the exception of newspaper, shall be placed in household recycling containers provided by Miami Shores Village and placed for collection as hereinafter provided. Newspapers shall be securely bundled with string or twine or placed in a paper grocery bag and placed out for collection according to the same schedule as other recyclable items . (b) The collection point of recyclable items shall be either in the swale at the edge of the paved right- of-way directly in the front of the property from which the recyclable items were generated or at a place designated by the Department of Public Works . Containers of recyclable items , when full, shall be placed for collection before 7 :00 a.m. on the days designated by the Director of the Department of Public Works , and said containers shall be removed from public view except for the collection day. A deposit for the replacement of each household recycling container shall be paid by any person, firm or corporation par- ticipating in the recycling program. The amount of deposit shall be determined by the Village Manager. SECTION 5 . Section 9-7 of the Code of Ordinances of Miami Shores Village, Florida, shall stand amended to read as follows : Section 9-7 It shall be a violation of this cha ter for any person, firm, or corporation, not authorized by tKe Village Manager, to collect or remove any recyclable item which has been specifically placed for collection and the recycling program as provided by this Article. SECTION 6. Section 9-8 of the Code of Ordinances of Miami Shores Village, Florida, shall stand amended to read as follows : Section 9-8 Any violation of this Chapter of the Code of Ordinances , of Miami Shores Village, Florida, shall subject the violator to a fine of not less than one dollar ($1. 00) , nor more than five hundred dollars ($500 . 00) or to imprisonment for not more than sixty (60) days or both such fine and imprisonment, in the discretion of the Court. Each day any violation of any provision of this Chapter shall constitute a separate offense. The penalty provided in this section shall be in addition to any remedial action otherwise provided in this Code of Ordinances . SECTION 7 . This ordinance shall become effective on the lst day of February, 1990 . PASSED and ADOPTED on First Reading the 19th day of December —, 19 89 . PASSED and ADOPTED by the Miami Shores Village Council on Second Reading the 2nd day of Januaa,, 19, HEN f COURT7�/Mayor ATTEST: MIAMI SHORES VILLAGE CLERK By: Scott W. Davis , Deputy Clerk APPROVED AS TO FORM: By: Wllli�Lm—F. FaniY, Jke,- , Village AttArrney