Sec. 118-56. - Title and citation.

This article shall be known and may be cited as the "Collier County Litter Control Ordinance."

(Ord. No. 88-45, § 2)

Sec. 118-57. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned property means any wrecked or derelict property having no value other than nominal salvage value, if any, which has been abandoned and unprotected from the elements, and shall include wrecked, inoperative or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture, and any other similar article which has no value other than nominal salvage value, if any, and which has been left abandoned and unprotected from the elements.

Litter means any discarded, used or unconsumed substance or wastes. Litter may include but is not limited to garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers, or other packaging, construction material, motor vehicle parts and tires, furniture, 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 disposed of improperly.

Person means any natural person, partnership, firm, corporation, company, business, institution, owner, 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 proper and final disposal.

Unauthorized accumulation means the accumulation of litter on any residential or commercial properties which is not contained within containers or receptacles provided for litter or is not otherwise permitted or authorized by the county ordinance. This shall not include building materials used in constructing or repairing a building which are stored at the site of such building.

Written corrective notices means a written statement issued to the violator of this article or to his agent identifying and specifying the violation, date and time of issuance, corrective measures to be taken, and date and time correction is to be completed.

(Ord. No. 88-45, § 4)

Cross reference— Definitions generally, § 1-2.

Sec. 118-58. - Penalties.

(a)

If any person fails or refuses to obey or comply with or violates any of the provisions of this article, such person, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed 60 days in the county jail, or both, in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense.

(b)

Nothing herein contained shall prevent or restrict the county from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include but shall not be limited to an equitable action for injunctive relief or an action at law for damages.

(c)

Nothing in this section shall be construed to prohibit the county from prosecuting any violation of this article by means of a code enforcement board established pursuant to the authority of F.S. ch. 162.

(d)

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 law.

(Ord. No. 88-45, § 11)

State law reference— Penalty for ordinance violations, F.S. § 125.69.

Sec. 118-59. - Findings and purpose.

(a)

The board of county commissioners does hereby make the following findings:

(1)

The careless discarding on public and private property of paper, wrappings, bottles, cans, litter and waste of every conceivable kind is unsightly, dirty, offensive and a cause of civic disgrace;

(2)

Litter is a fire, health and safety hazard;

(3)

Litter has an injurious effect on property values, destroys community pride and makes the county a less desirable place in which to live; and

(4)

Combating litter is a costly waste of money, personnel and material.

(b)

It is therefore the purpose of this article to bring about public awareness of the litter problem and to initiate and enforce a litter control program.

(Ord. No. 88-45, § 1)

Sec. 118-60. - Applicability.

This article shall apply to and be enforced in all unincorporated areas of the county.

(Ord. No. 88-45, § 3)

Sec. 118-61. - Enforcement procedures.

(a)

Agents of the county code enforcement department and public works department are hereby empowered to issue written corrective notices to any person violating the provisions of this article.

(b)

Written corrective notices issued to violators of this article shall state the date and time issued, nature of the offense committed, 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 presents a serious threat to the public health, safety or welfare 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 time period allowed for taking corrective measures shall not exceed 30 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 mail, return receipt requested, shall be deemed personal service upon the person, for the purpose of this article.

(c)

Any person who has been served such notice in accordance with the provisions of this article, and who shall neglect or shall refuse or shall fail to fully comply with the corrective notices so ordered and/or to comply within the time frame so ordered therein, shall be in violation of this article.

(Ord. No. 88-45, § 10)

Sec. 118-62. - Litter declared a public nuisance.

The unauthorized and improper dumping, accumulation or storage of litter or abandoned property on public or private property is hereby declared to be a public nuisance.

(Ord. No. 88-45, § 5)

Sec. 118-63. - Unlawful to litter.

It shall be unlawful for any person to throw, discard, place, drop or deposit litter in any manner or amount in or upon any public property, private property, highway, street, right-of-way or body of water within the unincorporated areas of the county, except in areas and containers provided and designated for the disposal of litter. In any case where litter is ejected 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 article.

(Ord. No. 88-45, § 6)

Sec. 118-64. - Unauthorized accumulation 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 article. Any property owner, tenant, occupant, agent, manager or other person who owns, maintains, or controls private improved or unimproved property is hereby declared to be in violation of this article where any such unauthorized accumulation of litter is maintained or is allowed to remain on such property.

(Ord. No. 88-45, § 7)

Sec. 118-65. - Dumping or depositing of abandoned property prohibited.

It shall be unlawful for any person to engage in or permit the dumping, storing, placing or depositing of abandoned property on any real property, street or highway; provided, however, that abandoned property kept in a completely enclosed building or a business enterprise which is lawfully licensed and zoned 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 kept in a completely enclosed building.

(Ord. No. 88-45, § 8)

Sec. 118-66. - Storage of litter.

(a)

All commercial establishments shall store their litter in containers so as to eliminate wind-driven debris and unsightly litter in and about their establishments. The number and size of containers necessary for each commercial establishment shall be that number required to maintain clean, neat and sanitary premises. Spillage and overflow around containers shall immediately be cleaned up as it occurs.

(b)

All loading and unloading zones at commercial establishments shall be provided with litter receptacles by the owner 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 maintain said litter in adequate and suitable receptacles and/or containers capable of holding such materials until proper final disposal is accomplished.

(e)

All 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 materials if the materials are otherwise not properly disposed of on a daily basis.

(Ord. No. 88-45, § 9)

Secs. 118-67—118-85. - Reserved.