ARTICLE I. FRANCHISE*

ARTICLE I. FRANCHISE* *Editors Note: Ordinance No. 35-1997, 1, adopted October 28, 1997, amended 16-1, 16-2 by creating a new article entitled "franchise," 16-1--16-15. Formerly, such sections pertained to 10-1, 10-12 of the 1963 Code; Ord. No. 2-1991, 1, 10, 1-8-91 Sec. 16-1. Purpose and findings. The city finds that it owns and maintains various streets, roads, and rights-of-way within the city limits of the City of Titusville which substantial public funds are expended for the maintenance and improvements thereon. That the city finds that it is necessary to permit and allow for the collection and disposal of a variety of types of solid waste, refuse, recyclable materials and other waste generated within the city limits of the City of Titusville. That the collection and disposal of said solid waste and materials is transported over the streets, roads, and rights-of-way maintained by the city. The city finds that it is necessary and in the public interest to regulate the collection and disposal of solid waste, refuse, and recyclable materials over the streets, roads, and rights-of-way of the city. That the city finds that it is necessary, in accordance with applicable law, to development and implement programs to return valuable materials to productive use in accordance with Chapter 403, Florida Statutes, and to conserve energy and natural resources. The city further finds that the establishment of various recycling programs is required by applicable Florida law and is necessary and beneficial to protect the public health, safety and welfare of its citizens. That the city further finds that it is in the public interest that for the use of the various streets, roads, and rights-of-way inside the city limits of the City of Titusville that a franchise fee should be imposed upon various collectors or haulers of various solid waste, refuse, recyclable materials and other waste generated in the city limits of the City of Titusville. The city further finds that in accordance with Chapter 166 and Chapter 180, Florida Statutes, Chapter 63-2001, Laws of Florida, Special Acts of 1963, the Florida Constitution, and Chapter 403, Florida Statutes, and other applicable law, that the city is permitted and authorized to impose and charge a reasonable franchise fee for the use of its streets, roads, and rights-of-way for the collection and disposal of solid waste, refuse, recyclable materials and other wastes within the city limits of the City of Titusville. The city further finds that it in the best interest of the citizens to impose a franchise fee and regulate said businesses and entities in order to protect the public health, safety and welfare of its citizens. Sec. 16-2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a

different meaning: Aluminum cans shall mean all soft drink, beverage or beer cans that are one hundred (100) percent aluminum. Additionally, recyclables in this category shall include any food can or specialized food containers that are one hundred (100) percent aluminum. Biohazardous waste shall mean any solid waste or liquid waste which may present a threat of infection to humans and as further defined in F.A.C. Rule 17-712. Bulky items shall mean abandoned automobiles, discarded household appliances and furniture, tree stumps, large tree limbs and similar heavy materials. Bundle shall mean a package containing rubbish only, weighing not over fifty (50) pounds and not exceeding four (4) feet in its longest dimension, and placed for collection immediately adjacent to a standard container. Commercial refuse shall mean wastes from wholesale, retail or service establishments, including restaurants, hotels, motels, shopping centers, office buildings, travel trailer parks, lodge buildings and warehouses. It also includes restaurant or cafeteria wastes from industrial concerns. Computer printout shall be defined according to Circular PS-89, "Paper Stock Standards and Practices," effective April 1, 1986, except as follows: computer printout must be laser and groundwood free. Consumer shall mean any person, firm or public or private corporation served by the franchisee. Director or director of public works shall mean the person who has the authority and responsibility for the administration and enforcement of this chapter, and shall be appointed by and accountable to the city manager. Franchise means a franchise contract granted by the city containing specific provisions of the franchise and includes the provisions contained in this article. Franchise area means the entire city limits of the City of Titusville and any portion thereof subsequently annexed. Franchisee means any natural person or persons, partnerships, domestic and foreign corporations, associations, joint venture or organization of any kind, which has been legally granted a franchise by the city. Franchise fee means the percentage as specified by this chapter of franchisee's gross revenues derived from the operation of the franchise within the city limits of the City of Titusville.

Garbage shall mean materials resulting from the preparation, cooking and serving of food; market wastes; trimmings and other discarded matter from meat or produce, including containers in which packages, and any other matter, of any nature whatsoever, which is subject to decay, putrefaction and the generation of noxious or offensive gases or odors or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects; and any bottles, cans or other containers which, due to their ability to retain water may serve as breeding places for mosquitoes or other water-breeding insects. Glass shall mean clear, green, brown colors of glass bottles, jars and containers. It shall exclude mirrors, ceramics, plate glass, window glass, auto glass and kitchen glassware. Gross revenue shall mean all revenues or receipts received by the franchisee from any customer within the city limits of the City of Titusville. Hazardous or toxic substances shall mean those substances as defined and/or listed as hazardous or toxic materials in 40 CFR. Industrial refuse shall mean solid wastes resulting from erecting, removing, repairing or razing buildings, industrial processes and manufacturing operations such as food processing wastes, wood, plastics, metal scrap, chemicals, etc. (excludes restaurant wastes from an industrial firm when handled separately). Institutional wastes shall mean refuse from schools, hospitals, research institutions, nonprofit organizations, public buildings and churches. Newsprint shall mean old newspapers, including the normal percentage of rotogravure and colored sections; collected and packed loose as received, tied in twine, in paper bags or corrugated boxes. Plastics shall mean plastic carbonated beverage containers, bottles or jugs and plastic milk containers. This excludes juice, water, liquor, sports drink and other drink containers as well as dish soap, clothes detergent, food containers or any other plastic containers or plastic bags. Also excluded are automotive/maintenance or other plastic containers that contained hazardous or toxic materials such as motor oil, transmission and brake fluid, windshield washer fluid, gas treatment containers, pool supplies and chemicals, or garden pesticide containers. Recovered materials shall mean metal, paper, glass, plastic, textile or rubber materials that have known recycling potential, can be feasibly recovered, and have been diverted and source separated or have been removed from the solid waste stream for sale, use or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any other use that constitute disposal.

Refuse shall mean all solid wastes, garbage and rubbish. Rubbish shall mean solid wastes or refuse, excluding garbage and bulky items, consisting of both combustible and noncombustible trash, such as paper, cardboard, tin cans, plastics, yard clippings, wood, glass and similar materials. Solid wastes shall mean garbage, rubbish, refuse, bulky items and other discarded solid or liquid materials, including materials resulting from industrial, commercial and agricultural operations and from community activities. Used oil shall mean any oil which has been refined from crude oil or synthetic oil and, as a result of use, storage, or handling has become unsuitable for its original purpose due to the presence of impurities or loss of its original properties, but which may be suitable for further use and is economically recyclable. Waste shall mean all forms of solid wastes and recycled materials or other waste generated within the city limits of the City of Titusville. White ledger shall be defined according to Circular PS-89, "Paper Stock Standards and Practices," effective April 1, 1986. Sec. 16-3. Grant of franchise. The city council is hereby authorized to grant a franchise for the collection and disposal of any and all form of waste. It is acknowledge that the city, department of public works, solid waste fund, presently operates an exclusive franchise within the city limits of the City of Titusville for the collection and disposition of solid waste, refuse, recyclable materials and other waste generated within the city limits of the City of Titusville, except as provided herein. That for the privilege of operating upon the streets, roads, and rights-of-way within the city limits of the City of Titusville, any person desiring to collect waste as hereinafter authorized shall first obtain a franchise from the city before commencing operation. The city, department of public works, solid waste fund, shall retain all rights to collect all waste and recyclable materials except as provided in section 16-31 of the Code of Ordinances. Sec. 16-4. Franchise applications. (1) Application for franchise. All applicants desiring to obtain a franchise to collect waste within the city limits of the City of Titusville, as authorized by section 16-31, shall submit an application on a form on file with the city manager or his designee which shall include information consisting of as a minimum the following:

a. A detailed description of the waste or materials to be transported, recovered and the types of equipment (brand name, model number, and date of equipment) utilized in the collection of the waste. b. Proof of commercial driver's license (CDL) for all employees driving vehicles, to the extent applicable. c. Proof of compliance with the requirements of Florida Statutes concerning commercial driver's license, workmen's compensation and insurance requirements including valid certificate of insurance for each vehicle. d. The location of any and all disposal facilities or processing facilities for the disposal of any waste or waste collected within the city limits of the City of Titusville and all facilities processing said waste which meet the requirements of Chapter 403, Florida Statutes, to the extent applicable. e. Proof of insurance as required herein. f. Payment of an application fee in the amount of one hundred dollars ($100.00). Sec. 16-5. Hours of operation. All franchisees and collectors of waste shall collect waste between the hours of 7 a.m. and 7 p.m. All waste collected, spilled or scattered by the collector will be immediately retrieved, collected, hauled and transported. Materials spilled or scattered shall be immediately retrieved and collected by the franchise holder. Prior to the installation of any container for the purpose of collecting waste, the applicant shall disclose the location of said container in order to ensure compliance with applicable zoning regulations, buffering, blockage of fire lanes, or other code requirements. Sec. 16-6. Vehicles. Vehicles used to collect or transport waste, shall be clean and the exterior of the vehicle shall be washed weekly, including areas inside the vehicle carrying materials or payloads, and sanitized with a disinfectant and deodorant. All waste collected shall meet all applicable local, state and federal requirements, and be discharged in accordance with applicable standards. Each vehicle used in the collection or disposal of waste shall have clearly identified the name of the company collecting said waste, the phone number of the hauler. Sec. 16-7. Containers. The size and frequency of the service containers shall be sufficient to ensure storage and disposal of all materials and in full compliance with all provisions of the ordinance of the city and applicable law. All containers shall be maintained free of rust, broken hinges, broken doors and shall be maintained. All containers shall be kept painted or if aluminum or stainless steel maintained in accordance with manufacturers specifications. Container lids shall remain closed and containers shall not be overfilled. In the

event containers are overfilled and cannot be safely dumped, the applicant will notify the customer and schedule service to meet the needs of the customer. All containers shall be placed in a location in compliance with applicable codes and accessible to the collector. Sec. 16-8. Littering. Franchisee shall not overload or release litter in violation of the Florida Anti- Litter Law, Florida Statutes 403.4013 (1996). If any material collected litters or is released upon the streets, highways or property other than that of the collector, the collector shall immediately stop the vehicle and retrieve the litter. Sec. 16-9. Insurance. The franchisee shall obtain and maintain throughout the term of the franchise not less than the insurance coverage as set forth herein. All insurance coverages shall be carried with a company or companies having a best rating of "A" or greater. (1) Workmen's compensation. The collector shall fulfill and comply with all requirements of Florida Workmen's Compensation including all legal requirements for occupational diseases. (2) Comprehensive general liability. The collector shall maintain comprehensive general liability insurance covering its operation within the city limits of the City of Titusville in the minimum amount of one million dollars ($1,000,000.00) for bodily injury or death per incident and five hundred thousand dollars ($500,000.00) for property damage. The city shall be named as an additional insured for comprehensive general liability insurance and coverage for the duration of the franchise. Sec. 16-10. Inspection. The city reserves the right to conduct periodic inspection of franchisee's vehicles and equipment to ensure compliance with the Code. Sec. 16-11. Franchise fee. In consideration for the issuance of a franchise for the operation of the franchisee's business across the streets, roads, and rights-of-ways within the city limits of the City of Titusville, the franchisee shall pay to the city an amount which will be equivalent to ten (10) percent of the franchisee's gross revenue from receipts from customers generated within the geographic limits of this franchise on a monthly basis. Payments to the city for said franchise shall be made monthly on or before the thirtieth (30th) day of each calendar month with respect to franchisee's gross revenues during the preceding calendar months. Such payment shall be based upon the franchisee's gross revenues during the preceding calendar months. Failure to pay said fee when due shall be a default and the franchisee shall pay interest of one and one-half (1 1/2) percent per month monthly on any delinquent account. The franchisee shall maintain complete records and accounts showing dates and payments received by the franchisee from

consumers or customers within the city limits of the City of Titusville. A monthly summary report showing gross revenues received by the franchisee from its operations within the City of Titusville during the preceding month and year and such other information as the city shall request with respect to properties or customers served within the city limits shall be made available by the franchisee. A duly authorized representative of the city shall the right and power and authority to inspect and audit the records of the franchise holder that will show or demonstrate the gross revenues received by the franchisee on an annual basis for the life of the franchise. In the event the franchise audit reveals that the franchisee has failed to pay to the city an amount for gross revenues by more than five (5) percent in any monthly period, the franchise holder shall pay the cost of the audit including any administrative fees incurred by the city in conducting said audit. Sec. 16-12. Use of streets. By this franchise, the city grants to the franchisee the right and privilege to utilize the streets, roads, and rights-of-ways of the city and to ingress and egress properties within the city limits for purposes of conducting its business. In the event the franchisee causes any damage to any of the streets, roads, and rights-of-ways of the city, the franchisee shall immediately repair the same at no cost to the city. In the event the franchisee fails and refuses to repair said streets, roads, and rights-of-ways after demand by the city, the city may proceed with making said repair and billing the franchisee for said work. The franchisee shall immediately pay said cost of repair and in the event of failure or refusal to pay the same, the franchise will be subject to termination. Sec. 16-13. Termination. In the event the franchisee, during the term and provision of any franchise agreement shall fail to abide by any terms and provisions of the franchise or this article, then in that event, the franchise shall be subject to revocation after notice by the city and an opportunity to cure within ten (10) days after receipt of said notice. Sec. 16-14. Existing permits. By adoption of this article, a franchise is hereby deemed to be issued to the city, department of public works, solid waste fund, for the collection and disposal of all refuse within the city limits including recycling materials, except as provided herein. That the city shall be subject to the payment of the franchise fee as herein provided effective with the first billing cycle during the month of November 1997. Any existing collectors who have been issued in accordance with sections 11-406 through 11-413 of the Code of Ordinance of the City of Titusville, for the fiscal year commencing October 1, 1997 through September 30, 1998, an occupational license shall have its license prorated as of the effect date of this article, and will be entitled to a refund of the balance of the fiscal year. All existing collectors shall have ninety (90) days from the effective date of this article to apply for and obtain a franchise as required in this

article to continue collection and operation within the city. Sec. 16-15. Depositing trash on streets or in gutters. No paper, handbills, leaves, lawn trimmings, brush, sidewalk sweepings or refuse of any description shall be thrown on the street or deposited in the gutters of any street, road or public way or in any river, lake, drainage ditch, stormwater conveyance or body of water. Secs. 16-16--16-30. Reserved.