I have tore this up, and I cannot find the ordinance allowing them to make you pay for a permit to collect scrap, BUT your (the OP's)city ordinances are very clear you simply cannot go around picking up scrap, as soon as it is placed at the designated collection point (which is probably being interpreted as curbside) it is the property of the cities licensed collector ( Waste Pro i believe) that is probably what the woman you mentioned above was being sighted with. see quoted below
"Sec. 50-2. - Purpose and intent.
(1)
The purpose and intent of this section is to ensure that all solid waste generated and accumulated within the incorporated city limits or solid waste service area shall be collected, removed, transported and disposed of to a city-designated solid waste disposal and/or recycling area by an authorized and/or licensed solid waste collector, except as otherwise provided in this section, to eliminate illegal dumping, and to promote the general health, safety and welfare of the public.
(2)
It is the intent of the city that collection and transporting of solid waste is to be done only by those authorized by the city.
(Ord. No. 19-2008, § 2, 7-7-2008)"
violation of this is: is a $500 fine and up to 60 days in jail
Sec. 1-15. - General penalty; continuing violations.
(a)
Whenever in this Code any act is prohibited or is made or declared to be unlawful or an offense, or whenever in this Code the doing of any act is required or the failure to do any act is declared to be unlawful or an offense, where no specific penalty is provided therefor, the violation of any such provision of this Code shall be punished by a fine not exceeding $500.00 or imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment in the discretion of the court. Each day any violation of any provision of this Code shall continue shall constitute a separate offense.
(b)
In addition to the penalties provided in subsection (a) of this section, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be, by the city, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.
State Law reference— Fines and forfeitures in county court payable to municipality, F.S. § 34.191; municipal ordinance violations, F.S. § 162.22; punishment for misdemeanors, F.S. §§ 775.082, 775.083.
Now besides what we have already said even if the city lets you get a Permit to collect scrap, at that point you have made yourself a commercial business so you need insurance, DOT numbers on your truck, you will have to get a business license. so you might as well buy a franchise with 1800 got junk or college hunks hauling junk.
Brother all I can say is that Curb co in your town is a crime and there is not a **** thing you can do about it other then hope the town becomes a trashed mess and the city changes their mind... I would recommend contacting the
Florida Recyclers Association but I do not think they will be on your side as the ordinance you are up against is pretty common nationwide, just seldom enforced.
Sorry
V/r HT1
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