§ 15-6. Littering, dumping and unauthorized delivery prohibited; dumping or burying solid waste without proper authorization; unauthorized delivery of solid waste at neighborhood trash and recycling centers; declared public nuisance; presumption.
(a)
Intent. It is the intent of the Board of County Commissioners of Miami-Dade County, Florida, to prevent, in whatever way possible, the abuse of the environment of Miami-Dade County through acts of any persons that are generally classified under the headings of "dumping" and "littering," which acts severely burden the taxpayers of Miami-Dade County and adversely affect the attractiveness, public health, safety and welfare of the community for its residents and visitors. To this end, this section is hereby created and shall be known as the "Dade Clean County Ordinance."
(b)
Prohibited act(s). The following shall be unlawful:
(1)
It shall be unlawful for any person to cause, let, allow, permit or suffer the dumping of litter on any public or private highway, road, street, alley, bridge, drain, gutter, lane, sidewalk, vacant lot, or thoroughfare, except in areas lawfully provided therefor.
(2)
It shall be unlawful for any person to cause, let, allow, permit or suffer the dumping of litter in or on any freshwater lakes, canals, rivers or streams or tidal or coastal waters of Miami-Dade County.
(3)
It shall be unlawful for any person to cause, let, allow, permit or suffer the dumping of litter on any public or private property not listed in Subsection (1) above, unless prior written consent of the owner has been given, and such disposal has been authorized by permit from all governmental authorities having jurisdiction, and provided that said litter will not cause a public nuisance or be in violation of any other State or local laws, rules or regulations.
(4)
Causing, maintaining, permitting or allowing the accumulation of any litter on any construction or building site before, during or after completion of said construction or building. It shall be the duty of the owner, or his agent, of the property in question to make adequate provision for the disposing of litter and to have on the construction or building site adequate facilities for the disposing of said litter and solid waste and to make appropriate arrangements for the collection thereof.
(5)
Disposing of the carcass of any dead animal, domestic or otherwise, by the throwing, discarding, placing or depositing of said carcass in or on any of the locations noted in Subsections (1) through (3) of this section.
(6)
Delivery, by any person, of garbage at neighborhood trash and recycling centers.
(7)
Delivery, by any person, of solid waste at any neighborhood trash and recycling center that is not generated from a residential unit located in unincorporated Miami-Dade County or from a residential unit located in a municipality which is served by the Department for solid waste collection. Bulky waste shall be presumed to be other than household-generated if it is delivered by any person that is other than a resident of the unincorporated service area or a resident of a municipality served by the Department for solid waste collection or a landscaping business having a current permit in accordance with Section 15-17.1 of this Code.
(8)
Obstructing the use of a neighborhood trash and recycling center.
(9)
Vandalizing a neighborhood trash and recycling center.
(10)
Delivery by a permitted landscaping business of any materials other than clean yard trash at a neighborhood trash and recycling center.
(11)
Salvaging or scavenging at any Department of Solid Waste Management facility by any person is a violation of this Chapter, and may be enforced as described in Section 15-32 herein.
(12)
It shall be unlawful for any permitted landscaping business to cause, let, allow, permit or suffer the delivery of clean yard trash to any neighborhood trash and recycling center or County-owned disposal facility in a vehicle that does not have a permit.
(13)
It shall be unlawful for any permitted landscaping business to cause, let, allow, permit or suffer the modification of a permitted vehicle to increase the capacity of the vehicle after the vehicle has been permitted.
(14)
It shall be unlawful for any permitted landscaper business to cause, let, allow, permit or suffer the delivery of clean yard trash with a trailer and a van or pick up truck simultaneously.
(c)
Declared public nuisance. In addition to, and not in limitation upon, any enforcement action for violation of this section, it is the intent of the Board of County Commissioners to declare the dumping of litter in Miami-Dade County to be a public nuisance, and to subject violators of this section to the provisions of Chapter 19 of the Code of Miami-Dade County calling for removal of such a public nuisance through notice, hearing and a lien enforcement procedure if the County so chooses to remedy the prohibited condition. To that end, the provisions of Chapter 19 of the Code of Miami-Dade County are hereby incorporated by reference and made a part of this section. Any action taken pursuant to this section utilizing the provisions of Chapter 19 shall be considered cumulative and in addition to penalties and other remedies provided elsewhere in this Code.
(d)
Applicability of State laws. In addition to, and not in limitation of the provisions of this section, the provisions of Section 403.413, Florida Statutes, also known as the "Florida Litter Law," as amended from time to time, are hereby added to this Code of Ordinances and incorporated by reference herein. The Board of County Commissioners would also respectfully suggest to the judges of those courts trying persons for violations of the "Florida Litter Law" that the provisions of Chapter 948, Florida Statutes, "Probation," be utilized liberally in order to require such persons to expend appropriate amounts to time and effort gathering up litter at places within the County designated by the court.
(e)
Presumption where motor vehicle is source of litter. In the prosecution charging a violation of Section 15-6(b) of the Code by the dumping of litter in any manner or amount whatsoever in or on any public highway, road, street, alley, thoroughfare or any other public lands or waters, by, through or from a motor vehicle, proof that the particular vehicle described in the complaint was the source of the litter so discarded, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of such a vehicle, shall constitute in evidence a presumption that the registered owner of such vehicle was the person who committed the violation of the ordinance above-noted. Said presumption may be rebutted by substantial evidence on the part of said owner.
(Ord. No. 81-108, § 1, 9-15-81; Ord. No. 82-105, § 1, 11-2-82; Ord. No. 91-95, § 8, 9-16-91; Ord. No. 92-20, § 4, 3-17-92; Ord. No. 92-155, § 2, 12-15-92; Ord. No. 99-91, § 4, 7-27-99; Ord. No. 02-166, § 24, 9-19-02; Ord. No. 03-180, § 2, 7-22-03)