Introduced by the President of the Council at the request ...



Introduced by Council President Davis at the request of the Mayor and amended by the Rules Committee:

ORDINANCE 2008-513-E

AN ORDINANCE AMENDING THE FOLLOWING ORDINANCE CODE CHAPTERS TO CORRECT THE TITLES OF THE DEPARTMENTS PURSUANT TO THE REORGANIZATION LEGISLATION; AMENDING CHAPTER 111 (SPECIAL REVENUE AND TRUST ACCOUNTS), ORDINANCE CODE; AMENDING CHAPTER 119 (STATE REVOLVING FUND LOANS), ORDINANCE CODE; CHAPTER 123 (PUBLIC FEES), ORDINANCE CODE; AMENDING CHAPTER 128 (RISK MANAGEMENT PROGRAM), ORDINANCE CODE; AMENDING CHAPTER 158 (EMERGENCY AND NONEMERGENCY MEDICAL TRANSPORTATION SERVICES), ORDINANCE CODE; AMENDING CHAPTER 162 (BATHING ESTABLISHMENTS), ORDINANCE CODE; AMENDING CHAPTER 173 (CEMETERIES), ORDINANCE CODE; AMENDING CHAPTER 197 (RIDING ACADEMIES), ORDINANCE CODE; AMENDING CHAPTER 204 (SPEEDWAYS), ORDINANCE CODE; AMENDING CHAPTER 206 (SWILL GARBAGE), ORDINANCE CODE; AMENDING CHAPTER 220 (VEHICLES FOR HIRE), ORDINANCE CODE; AMENDING CHAPTER 260 (DISPOSAL OF WASTE TIRES), ORDINANCE CODE; AMENDING CHAPTER 320 (GENERAL PROVISIONS), ORDINANCE CODE CHAPTER 360 (ENVIRONMENTAL REGULATION), ORDINANCE CODE; AMENDING CHAPTER 362 (AIR AND WATER POLLUTION), ORDINANCE CODE; AMENDING CHAPTER 365 (HAZARDOUS REGULATED SUBSTANCE PROGRAM), ORDINANCE CODE; AMENDING CHAPTER 366 (GROUNDWATER RESOURCE MANAGEMENT), ORDINANCE CODE; AMENDING CHAPTER 368 (NOISE CONTROL), ORDINANCE CODE; AMENDING CHAPTER 376 (ODOR CONTROL), ORDINANCE CODE; AMENDING CHAPTER 380 (SOLID WASTE MANAGEMENT), ORDINANCE CODE; AMENDING CHAPTER 382 (WASTE COLLECTION AND DISPOSAL SERVICE BY CONTRACTORS AND CITY), ORDINANCE CODE; AMENDING CHAPTER 386 (WASTE FLOW CONTROL), ORDINANCE CODE; AMENDING CHAPTER 420 (GENERAL PROVISIONS), ORDINANCE CODE; AMENDING CHAPTER 460 (HEALTH CODE), ORDINANCE CODE; AMENDING CHAPTER 463 (CHILDREN’S ACCESS TO TOBACCO PRODUCTS), ORDINANCE CODE; AMENDING CHAPTER 470 (INDIVIDUAL SEWAGE DISPOSAL SYSTEMS), ORDINANCE CODE; AMENDING CHAPTER 472 (RODENTS AND INSECTS), ORDINANCE CODE; CHAPTER 474 (SLUDGE DISPOSAL OR UTILIZATION SITES), ORDINANCE CODE; AMENDING CHAPTER 636 (TRAFFIC AND PARKING), ORDINANCE CODE; AMENDING CHAPTER 651 (EXPEDITED PERMITTING), ORDINANCE CODE; AMENDING CHAPTER 654 (CODE OF SUBDIVISION REGULATIONS), ORDINANCE CODE; AMENDING CHAPTER 655 CONCURRENCY MANAGEMENT SYSTEM), ORDINANCE CODE; AMENDING CHAPTER 656 (ZONING CODE), ORDINANCE CODE; AMENDING CHAPTER 674 (DISASTER PREPAREDNESS AND CIVIL EMERGENCY), ORDINANCE CODE; AMENDING CHAPTER 680 (MOTOR VEHICLE SAFETY INSPECTION PROGRAM), ORDINANCE CODE; AMENDING CHAPTER 710 (CABLE TELEVISION), ORDINANCE CODE; AMENDING CHAPTER 744 (STREET CONSTRUCTION REGULATIONS), ORDINANCE CODE; AMENDING CHAPTER 751 (SEPTIC TANK SUPERFUND), ORDINANCE CODE; AMENDING CHAPTER 804 (JACKSONVILLE TRAFFIC CODE), ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED by the Council of the City of Jacksonville:

Section 1. Amending the Ordinance Code. The Ordinance Code is hereby amended as follows:

CHAPTER 111. SPECIAL REVENUE AND TRUST ACCOUNTS.

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PART 7. ENVIRONMENT AND CONSERVATION.

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Sec. 111.750. Air Pollution Control Trust Fund.

There is established within the General Trust and Agency Funds an account to be known as the Air Pollution Control Trust Fund , into which shall be deposited the fees returned to the City, as Duval County, by the State Department of Environmental Protection pursuant to F.S. § 320.03(6). The funds in this account are subject to appropriation by the Council and shall be used only for air pollution control programs relating to the control of emissions from mobile sources of air pollution and toxic and odor emissions, air quality monitoring and facility inspections pursuant to F.S. Ch. 403 or pursuant to local law. The Director of Administration and Finance is authorized and directed to make disbursements from this fund upon the written requisition of the Director of Health, Welfare and Bio-Environmental Services Environmental Compliance Department or his designee.

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CHAPTER 119. STATE REVOLVING FUND LOANS.

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Sec. 119.109. Dispute resolution procedure.

The Director of Public Utilities JEA Managing Director or Director of Water and Waste Water or his designee shall insert the following dispute resolution procedure in the contract specifications for all projects under State Revolving Fund Loans:

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(b) If there has been no satisfactory resolution of the dispute under paragraph (a) of this Section, the party may request the following review procedure:

(1) Within five workdays of the receipt of the project engineer's or the design professional's decision, the party shall file a request for review with the Director of Public Utilities JEA Managing Director or Director of Water and Waste Water or his designee. The request for review shall be in writing and shall state, with particularity, all reasons for review of the decision. A copy shall be served upon the project engineer or design professional and such service shall be certified.

(2) Within five workdays after the filing of the request for review, the City and the project engineer or design professional shall file, with the Director of Public Utilities JEA Managing Director or Director of Water and Waste Water or his designee, a reply to the request for review. Such reply shall, to the extent possible, answer each and every reason for review stated by the party. Copies shall be served upon the party and service shall be certified.

(3) Within five workdays of receiving the City's reply, the Director of Public Utilities JEA Managing Director or Director of Water and Waste Water, or his designee, shall arrange for the appointment, by the General Counsel, of an impartial hearing officer, from the pool of environmental hearing officers, to consider the review process.

Sec. 119.110. JEA and the Water and Sewer Expansion Authority authorization.

To the extent allowed by law, the JEA and the Water and Sewer Expansion Authority shall be and is hereby authorized to exercise the rights granted in this Chapter for the purposes stated therein to rehabilitate and construct water and sewer facilities. For the purposes of this Chapter 119 the word Mayor shall also mean the Managing Directors of the JEA and the Water and Sewer Expansion Authority (or other such person as designated by the JEA and the Water and Sewer Expansion Authority); the word city shall also mean the JEA and the Water and Sewer Expansion Authority; and the term Director of Public Utilities shall mean the Directors of Water and Wastewater, JEA and the Water and Sewer Expansion Authority.

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CHAPTER 123. PUBLIC FEES.

PART 1. IN GENERAL.

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Sec. 123.102. Fees established.

There are hereby established for the departments listed below the indicated fees for the indicated permits, materials or services:

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(c) Regulatory and Environmental Services Environmental and Compliance Department:

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CHAPTER 128. RISK MANAGEMENT PROGRAM.

Sec. 128.101. Program created; coverages provided.

There is hereby authorized and created a risk management program for the City and such of its independent agencies as elect to participate in the program as provided in Section 128.103. The purpose of this risk management program is to provide uniform and centralized self-insurance for automobile liability, general liability and workers' compensation and, for the Mosquito Control Activity, Regulatory and Environmental Services Environmental and Compliance Department, aircraft physical damage, and for such other risks as may from time to time be added by the Director as provided in Section 128.119.

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CHAPTER 158. EMERGENCY AND NONEMERGENCY MEDICAL TRANSPORTATION SERVICES.

PART 1. FINDINGS AND INTENT OF COUNCIL; EXERCISE OF COUNTY POWERS; DEFINITIONS.

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Sec. 158.103. Definitions.

As used in this Chapter:

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(h) Director  means the Director of Regulatory and Environmental Services Fire and Rescue Department. 

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CHAPTER 162. BATHING ESTABLISHMENTS.

Sec. 162.101. Definitions.

As used in this chapter:

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(c) Department means the Regulatory and Environmental Services Duval County Health Department. 

(d) Director means the Director of Regulatory and Environmental Services the Duval County Health Department. 

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CHAPTER 173. CEMETERIES.

Sec. 173.101. Definitions.

As used in this chapter:

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(c) Director means the Director of Regulatory and Environmental Services Planning and Development. 

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Sec. 173.103. Cemetery plats.

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(c) Plat recordation.  Cemetery plats approved by the Council shall include a dedication of the land for use as a cemetery and shall be recorded among the public records of Duval County at the expense of the applicant. A copy of the plat shall be filed with the Regulatory and Environmental Services Planning and Development Departments. 

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CHAPTER 197. RIDING ACADEMIES.

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Sec. 197.102. Permit required.

No person shall engage in business as a riding academy without a permit issued by the Director of Regulatory and Environmental Services Duval County Health Department.

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CHAPTER 204. SPEEDWAYS.

Sec. 204.101. Definitions.

For purposes of this chapter, the following terms and phrases are defined as follows:

(a) Director  means the Director of Regulatory and Environmental Services Environmental and Compliance. 

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CHAPTER 206. SWILL GARBAGE.

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Sec. 206.102. Permit required.

No person shall use a vehicle to remove, dispose of, convey or transport swill garbage without a permit issued by the Director of Regulatory and Environmental Services the Public Works Department for each vehicle. No permit shall be required to a person operating a garbage collection service under a franchise granted or a certificate of public convenience and necessity issued by the city.

Sec. 206.103. Inspection of vehicles; grounds for suspension and revocation of permits.

(a) An applicant for a permit, and a permittee, shall produce each vehicle for which a permit is sought, or which is operated under a permit, for inspection or reinspection at such reasonable times and places as the Regulatory and Environmental Services Public Works Department (hereinafter referred to as Department) shall require. Failure to produce a vehicle for inspection shall constitute an abandonment of an application for a permit, or shall result in automatic suspension of a permit until the vehicle is produced for inspection. If, on subsequent inspections, the vehicle complies with this chapter, the permit may be issued or reinstated as applicable. 

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CHAPTER 220. VEHICLES FOR HIRE.

PART 1. GENERAL PROVISIONS.

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Sec. 220.102. Definitions.

As used in this Chapter:

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(b) Department means the vehicle-for-hire regulatory activity of the Regulatory and Environmental Services Environmental and Compliance Department. 

(c) Director means the Director of Regulatory and Environmental Services Environmental and Compliance. 

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CHAPTER 260. DISPOSAL OF WASTE TIRES.

PART 1. GENERAL PROVISIONS.

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Sec. 260.103. Definitions.

As used in this part:

(a) Director means Director of the Department of Public Utilities Public Works Department, or his designee.

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CHAPTER 320. GENERAL PROVISIONS.

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PART 4. PERMITS.

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Sec. 320.403. Approval of other authorities.

In addition to verifying compliance with this building code, the Building Official shall require that the laws, rules and regulations of any other regulatory authority having jurisdiction, where the laws, rules and regulations are applicable and are known to him, shall be satisfied before a permit is issued. He shall require such evidence as in his opinion is reasonable to show the other approvals. The Building Official shall not thereby be held responsible for enforcement of the other regulations he is not specifically authorized to enforce. Following are some, but not necessarily all, of the other agencies having jurisdiction:

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(d) The Regulatory and Environmental Services Environmental and Compliance Department for:

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CHAPTER 360. ENVIRONMENTAL REGULATION.

PART 1. PUBLIC POLICY; GENERAL PROVISIONS.

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Sec. 360.106. Definitions.

As used in this chapter:

(a) Board  means the Environmental Protection Board. 

(b) Director  means the Director of Regulatory and Environmental Services Environmental and Compliance. 

(c) Department  means the Regulatory and Environmental Services Environmental and Compliance Department. 

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CHAPTER 362. AIR AND WATER POLLUTION.

PART 1. GENERAL PROVISIONS.

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Sec. 362.103. Definitions.

In this Chapter, or in rules adopted pursuant hereto, unless the context otherwise requires:

(a) Board is the Environmental Protection Board. 

(b) Director means the Director Regulatory and Environmental Services of Environmental and Compliance. 

(c) Contaminant is a substance which is harmful to plant, animal or human life. 

(d) Department is Regulatory and Environmental Services Environmental and Compliance Department.

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CHAPTER 365. HAZARDOUS REGULATED SUBSTANCE PROGRAM.

PART 1. GENERAL PROVISIONS.

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Sec. 365.102. Definitions and tables.

(a) Definitions.  For the purpose of this ordinance, certain terms or words used herein shall be interpreted to have the following meanings unless the context indicates otherwise. The definitions found in F.S. § 376.301 are adopted herein. The word "shall" is mandatory; the word "may" is permissive. 

Board means the Jacksonville Environmental Protection Board. 

Corrective Action Rule means proposed Corrective Action for Sold Waste Management Units at Hazardous Waste Management Facilities. 

DEP means Florida Department of Environmental Protection. 

Department means the Regulatory and Environmental Services Environmental and Compliance Department (RESD) of the City of Jacksonville. 

Dielectric material means a material that does not conduct direct electrical current. 

Director means the Director of the Department. 

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CHAPTER 368. NOISE CONTROL.

PART 1. GENERAL PROVISIONS.

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Sec. 368.104. Definitions.

In this chapter and the rules promulgated by the Board under this chapter, unless the context otherwise requires:

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(n) Noise Control Officer means the Director of Regulatory and Environmental Services Environmental and Compliance, or his representative. 

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CHAPTER 376. ODOR CONTROL.

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Sec. 376.104. Definitions.

In this chapter, unless the context otherwise requires:

(a) Board means the Environmental Protection Board. 

(b) Director means the Director of Regulatory and Environmental Services Environmental and Compliance. 

(c) Department means the Regulatory and Environmental Services Environmental and Compliance Department. 

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CHAPTER 380. SOLID WASTE MANAGEMENT.

PART 1. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY.

Sec. 380.101. Purpose, intent and findings.

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(b) Findings. The City of Jacksonville has been delegated the responsibility and power to provide for the operation of an integrated solid waste disposal system to meet the needs of all incorporated and unincorporated areas of the County. One of the first steps necessary in carrying out that responsibility is the creation of an inventory of solid waste disposal or management facilities capable of helping the City meet its responsibility. A certificate of public convenience and necessity pursuant to this Chapter shall indicate resource availability to the City's Director of Public Utilities Public Works Department who is responsible for designation under Chapter 386, Ordinance Code.

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Sec. 380.105. Director, Director of Regulatory and Environmental Services Public Works and Director of Planning and Development recommendations.

(a) The Director shall forward a copy of an accepted application to the Director of Planning and Development and to the Director of Regulatory and Environmental Services Public Works. The Director, Director of Regulatory and Environmental Services Public Works and the Director of Planning and Development shall review the certificate application within 30 days of receipt and may, within such 30 days, through the Director, request submittal of additional information needed for the Directors to make an evaluation of the proposed facility. The Directors shall each submit a written report and recommendation of approval or denial of a certificate to the Council within 30 days after receipt of a completed application. An application shall be deemed complete 30 days from application or upon receipt of all information requested by the Directors during the initial 30-day period following application. The Directors' report may include recommended conditions.

(b) The Director Regulatory and Environmental Services of Public Works shall review the application and the site and shall consider in his report and recommendation:

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(d) The Director of Public Utilities Public Works shall review the application and the site and shall consider in his report and recommendation:

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Sec. 380.106. Council procedure.

After receipt of reports and recommendations, but no more than 90 days after the application is complete, the Council Secretary shall notify the Council President. The Council President shall immediately introduce a resolution to grant the applicant a certificate. The introduction shall be styled "Introduced by the Council President pursuant to Chapter 380." The Council Secretary shall schedule a public hearing before the City Council committee to which matters regarding public utilities are referred Public Utilities Committee in accordance with the following:

(a) The Council Secretary shall provide at least 20 days' notice of the hearing to be given by mail to the applicant and to holders of outstanding certificates under this Part. The Public Utilities Public Works Department shall be responsible for providing a list of the names and addresses of all outstanding certificate holders to the Council Secretary.

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Sec. 380.107. Issuance of certificate.

(a) The Council may issue the certificate with or without conditions if it finds, based upon the criteria considered by the Director, the Director of Regulatory and Environmental Services Environmental and Compliance and the Director of Planning and Development that the facility, if designated under Chapter 386, would serve the public convenience and provide a needed service to the citizens of Duval County. The Council shall not issue a certificate for any hazardous waste treatment, storage and/or transfer facility unless it finds that a significant amount of hazardous wastes generated in Duval County are not disposed or managed properly and that certification of the proposed facility will significantly improve the management of hazardous waste in Duval County. Any certificate for a hazardous waste treatment storage and/or transfer facility shall contain the condition that the facility may process only hazardous waste of the kind generated in Duval County. The issuance of a certificate under this Part shall make the facility eligible for designation by the Director as a facility to receive solid waste generated or brought into Duval County as provided in Chapter 386. A certificate of public convenience and necessity does not guarantee designation under Chapter 386. Unless otherwise stated, a certificate shall be for a term of no more than five years. The enacted resolution shall serve as the certificate, and the resolution number shall serve as the certificate number.

(b) Nothing in this Chapter or Chapter 386 shall prohibit the Department of Public Utilities Public Works from issuing a request for proposal for a solid waste disposal or management facility within Duval County and thereafter presenting the recommended proposal, application for certificate of public convenience and necessity, Director's designation, and recommended service agreement simultaneously for review and action by the Jacksonville City Council.

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Sec. 380.108. Operation of landfill.

The following regulations apply to the operation of a landfill:

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(m) The certificate holder must provide the Solid Waste Division and Resources Management Department personnel and Department of of Regulatory and Environmental Services Public Works Department personnel, upon reasonable notice and upon presentation of appropriate credentials, access to the landfill premises, at reasonable times, for the following purposes:

Sec. 380.109. Correction of violations.

(a) The Director Regulatory and Environmental Services of Public Works Department shall have the remedies provided in the Health Code, Section 460.106, Ordinance Code, to correct or cause to be corrected a violation of this Part that constitutes a sanitary nuisance. Furthermore, the term Director as used in Sections 380.109(b), 380.110, 380.111 and 380.113 shall mean the Director Regulatory and Environmental Services of the Public Works Department. 

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Sec. 380.122. Review; recommendations; issuance.

(a) The Director shall forward a copy of the application for a temporary certificate to the Director of Planning and Development, to the Director of Regulatory and Environmental Services Environmental and Compliance and, for certificates for open burning, to the Chief, Fire Prevention. The Director, the Director of Regulatory and Environmental Services Environmental and Compliance, the Director of Planning and Development and, if appropriate, the Chief, Fire Prevention shall review the certificate application within five working days of receipt and may, within such five days, through the Director, request submittal of additional information needed for the evaluation of the proposed facility. The applicant may, at its option, begin operation after the application is complete and filed; provided, operation may be prohibited if the application is subsequently denied. Each person to whom the application is forwarded shall submit a written or oral report and recommendation of approval or denial of a temporary certificate to the Director within ten working days after receipt of a completed application. The reports may include recommended conditions.

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Sec. 380.124. Compliance with other laws.

The holder of a temporary certificate shall be required to comply with all applicable environmental and safety laws, including for open burning the requirement to obtain a permit from the Director of Regulatory and Environmental Services Environmental and Compliance to engage in open burning. Daily permission to burn must be obtained from the Director of Regulatory and Environmental Services Environmental and Compliance pursuant to Chapter 360.

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CHAPTER 386. WASTE FLOW CONTROL.

PART 1. GENERAL PROVISIONS

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Sec. 386.103. Definitions.

As used or referred to in this chapter, unless the context otherwise requires:

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(p) Director means the Director of Solid Waste and Resource Management. Public Works Department.

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CHAPTER 420. GENERAL PROVISIONS.

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PART 2. OPERATIONAL PROVISIONS.

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Sec. 420.201. Limited open burning allowed.

The following limited open burning activities are allowed without first obtaining a permit from the Director of the Regulatory and Environmental Services Environmental and Compliance Department:

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Sec. 420.203. Enforcement and issuance of citations.

The Director of Fire and Rescue and the Sheriff shall be responsible for the enforcement of this Part. The employees designated in writing by the Director of Fire and Rescue together with officers of the Sheriff's Office are authorized to issue citations hereunder. In addition to issuing citations under this Chapter 420, the Fire and Rescue Department is authorized to act for and on behalf of the Regulatory and Environmental Services Environmental and Compliance Department in issuing citations under Chapter 360, Ordinance Code; provided, however, that the Regulatory and Environmental Services Division Environmental and Compliance Department shall provide the citation forms to be used and shall provide proper training for issuance of such citations; provided further that the Fire and Rescue Department shall issue such citations only with respect to open burning situations as contemplated in Part 8, Chapter 360, Ordinance Code, and only when the Fire and Rescue Department responds to an open burning call outside the normal hours of operation of the Regulatory and Environmental Services Environmental and Compliance Department.

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CHAPTER 460. HEALTH CODE.

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Sec. 460.102. Definitions.

When used in the Health Code:

(a) Board means the Building Codes Adjustment Board. 

(b) Department means the Public Health Unit and/or Regulatory and Environmental Services Duval County Health Department. 

(c) Director means the Public Health Unit Medical Director and/or the Director of Regulatory and Environmental Services Duval County Health Department. 

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CHAPTER 463. CHILDREN’S ACCESS TO TOBACCO PRODUCTS.

Sec. 463.101. Definitions.

When used in this chapter the following words shall have the meanings herein indicated:

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(5) Department means the Environmental and Compliance Department Regulatory and Environmental Services Department. 

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CHAPTER 470. INDIVIDUAL SEWAGE DISPOSAL SYSTEMS.

PART 1. GENERAL PROVISIONS.

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Sec. 470.102. Definitions.

As used in this chapter:

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(c) Absorption field means a system of open-jointed or perforated pipes or alternate distribution units receiving flow from a septic tank and designated to distribute effluent for oxidation and absorption by the soil. 

(c-1)   Director means the Director of Regulatory and Environmental Services the Duval County Health Department.

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CHAPTER 472. RODENTS AND INSECTS.

Sec. 472.101. Definitions.

As used in this chapter:

(a) Director means the Director of Regulatory and Environmental Services the Duval County Health Department.

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CHAPTER 474. SLUDGE DISPOSAL OR UTILIZATION SITES.

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Sec. 474.102. Definitions.

In this chapter, unless the context otherwise requires:

(a) Director means the Director of Regulatory and Environmental Services Duval County Health Department. 

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CHAPTER 636. TRAFFIC AND PARKING.

PART 1. PARKING VIOLATIONS.

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Sec. 636.104. Payment of parking citations and parking facility fees; late charges; final notice.

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(f) The Public Parking Officer shall present an itemized list of citations and fee invoices, and with the written approval of the Director of the Regulatory and Environmental Services Department and the Director of Administration and Finance Environmental and Compliance Department, be authorized to write-off all citations and fee invoices that are over one year old from date of issuance that have been determined to be uncollectible by being (1) returned as undelivered mail, (2) unable to locate the owner in whose name the license tag or vehicle identification number on the vehicle is registered after having undertaken reasonable efforts to locate said owner to include contacting the Florida Division of Motor Vehicles when appropriate, and (3) referred to a collection agency and the collection effort is no longer justified.

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CHAPTER 651. EXPEDITED PERMITTING.

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Sec. 651.106. Point(s) of contact.

Within thirty days of the effective date of this chapter, the Fire and Rescue Department, Planning and Development Department, Public Works Department, Regulatory and Environmental Services Environmental and Compliance Department, and JEA shall appoint a point of contact within each respective agency who will be responsible for providing assistance, coordination, and facilitation within the agency. In the case of a multi-discipline agency responsible for more than one type of permit or inspection, a point of contact may be appointed for each discipline. Upon appointment, the Executive Director of the Jacksonville Economic Development Commission shall be notified of the point(s) of contact and upon any change of the same for the agency.

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CHAPTER 654. CODE OF SUBDIVISION REGULATIONS.

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Sec. 654.126. Design standards: lots.

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(b) Lot dimensions shall conform to the requirements of the Zoning Code and shall meet the following additional requirements:

(1) Residential lots proposed with individual wells and/or septic tank disposal fields shall conform to the standards of the Regulatory and Environmental Services Environmental and Compliance Department and the State Department of Health and Comprehensive Plan.

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Sec. 654.142. Subdivision standards and policy advisory committee.

(a) The Subdivision Standards and Policy Advisory Committee (hereinafter referred to as the Committee) is hereby created to review and revise standards and policy to implement the objectives of this Chapter and advise the appropriate Council committee of its decisions. The Committee shall be composed of ten members. Five members shall be appointed by the Mayor, subject to confirmation by the Council. These members shall be composed of a representative of the home-building industry, a representative of the engineering profession, representative of the land developers, a representative of the land surveying profession and a representative of private utilities. The remaining five members shall be the following, or their designee:

(1) Chief--Comprehensive Planning Division of the Planning and Development Department,

(2) Chief--Air and Water Environmental Quality Division of Regulatory and Environmental Services the Environmental and Compliance Department,

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CHAPTER 655. CONCURRENCY MANAGEMENT SYSTEM.

PART 1. GENERAL PROVISION

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Sec. 655.111. Concurrency Reservation Certificate application process and review procedures.

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(b) Conditional Capacity Availability Statement (CCAS) application procedures and review process. An applicant may make an application for a CCAS. An applicant for a CCAS shall file a completed application with the CMSO on the form provided by that office. The applicant shall provide all the information requested on the application, to the extent applicable. The application shall be accepted by the CMSO only if the application is completed in full and submitted with all supplementary information required. Prior to filing the application, the applicant is encouraged to meet with the CMSO staff or the staff of any reviewing division to discuss the application. Upon the payment of the application fee to the Tax Collector, copies of the application shall be transmitted immediately to each reviewing division. The acceptance of an application for a CCAS shall constitute the issuance of reserve capacity as to those public facilities for which there is free capacity on the date of acceptance of the application. Each reviewing division shall review the application for compliance with level of service standards according to the methodologies and criteria set forth in the Concurrency Management System Handbook for Jacksonville, Florida.

(1) Reviews shall be performed as follows:

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(iii) Solid Waste Division, Public Utilities Public Works Department: solid waste;

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CHAPTER 656. ZONING CODE.

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PART 3. SCHEDULE OF DISTRICT REGULATIONS.

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SUBPART E. MISCELLANEOUS CATEGORIES AND ZONING DISTRICTS.

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Sec. 656.331. Agriculture.

The primary activities allowed in this category are agriculture and related uses. Resource-based activities allowed in this category are agriculture and related uses that do not attract spin-off urban development or may not be a desirable activity in the urbanized area because of external impacts on adjacent lands are also allowed. Full urban services and facilities will not be provided by the City and are not required for the other uses in the Agriculture Land Use Category. The following primary and secondary zoning districts may be considered in the Agriculture Category depicted on the Future Land Use Maps of the Comprehensive Plan.

A. Primary zoning districts.  The primary zoning districts shall include the following: 

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I.   Agriculture (AGR) District.   

(a) Permitted uses and structures.   

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(9) Land application of grade I domestic sludge when applied utilizing a splash pan or equivalent device approved by the Director of Regulatory and Environmental Services the Duval County Health Department, and when applied pursuant to the requirements of F.A.C. 17-7.540(4), as may be amended or renumbered from time to time, is considered to be a normal accessory use in conjunction with a permitted farming operation subject to no more than six dry tons being applied per acre per year.

(10) Land application of grade II domestic sludge and mixtures of grade I and grade II domestic sludge, when applied utilizing a splash pan or equivalent device approved by the Director of Regulatory and Environmental Services the Duval County Health Department is considered to be a normal accessory use in conjunction with a permitted farming operation. Application rates shall be those specified in the permit required under Section 474.103.

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PART 4. SUPPLEMENTARY REGULATIONS.

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SUBPART B. MISCELLANEOUS REGULATIONS.

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Sec. 656.417. Performance standards.

A use, building, structure, development or process regulated by the Zoning Code shall comply with local, state and federal regulations related to environmental protection, including those applicable to noise, vibration, smoke, radiation, odor, toxic emissions and water or air pollution, and the standards adopted or implemented by the Regulatory and Environmental Services Environmental and Compliance Department.

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PART 6. OFF-STREET PARKING AND LOADING REGULATIONS.

SUBPART A. OFF-STREET PARKING AND LOADING FOR MOTOR VEHICLES.

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Sec. 656.606. Loading facilities for solid waste.

Except for single-family residences, all buildings or development hereafter constructed shall be provided with off-street spaces or facilities for the storage and emptying of solid waste containers. The spaces shall not be located on publicly-owned land and shall provide convenient access from public streets, driveways, parking area and similar public access with pavement of adequate strength for vehicles normally used to pick up solid waste. The size and physical arrangement of these spaces shall be proportioned to the size of the projects served thereby and the volume of solid waste anticipated and as determined by the Director of Public Utilities Planning and Development.

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PART 9. EXCAVATIONS, LAKES AND BORROW PITS.

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Sec. 656.907. Mineral resource extraction.

The following requirements shall apply to mineral resource extraction:

(a) All applications for zoning exception for mineral resource extraction shall be jointly reviewed by the Department and the Regulatory and Environmental Services Environmental and Compliance Department. The review shall include an evaluation of the project to determine whether such project will have adverse environmental and/or land use impacts.

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CHAPTER 674. DISASTER PREPAREDNESS AND CIVIL EMERGENCY.

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PART 2. SECURITY, DISASTER AND EMERGECY PREPAREDNESS.

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Sec. 674.202. Security and Emergency Preparedness Planning Council.

(a) There is created the Security and Emergency Preparedness Planning Council which shall consist of the Mayor as chairman, the Jacksonville Security Coordinator as vice chair, the Director of Fire and Rescue, the Chief of the Emergency Preparedness Division, the President of the City Council, or designee, the Chair of the Duval County Legislative Delegation, or designee, the Director of Regulatory and Environmental Services Environmental and Compliance, the Public Health Officer, the Chief Administrative Officer, the Chief of Staff, the Director of Public Works, the Sheriff, the Chief Judge of the Fourth Judicial Circuit, the Managing Director/Chief Executive Officer of the JEA, the Managing Director/Chief Executive Officer of the Jacksonville Seaport Authority, the Managing Director/Chief Executive Officer of the Jacksonville Airport Authority, the Executive Director of the Jacksonville Transportation Authority, the Chairperson or designee of the Duval County School Board, representatives of each military group in Jacksonville, representatives of all major hospitals in the City (having 300 or more beds) and a number of other representatives, not to exceed 11 in number, from civic, business, industry, labor, veterans, professional or other groups and from the federal government, to be appointed by the Mayor from time to time.

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CHAPTER 680. MOTOR VEHICLE SAFETY INSPECTION PROGRAM.

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Sec. 680.102. Definitions.

In this Chapter, unless the context otherwise requires:

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(b) Department means the Regulatory and Environmental Services Environmental and Compliance Department. 

(c) Director means the Director of the Regulatory and Environmental Services Environmental and Compliance. 

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CHAPTER 710. CABLE TELEVISION.

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Sec. 710.102. Definitions.

For purposes of this Chapter, unless the context otherwise requires:

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(f) Director means the Director of Regulatory and Environmental Services Department Central Operations, Public Information Office for the City. 

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CHAPTER 744. STREET CONSTRUCTION REGULATIONS.

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Sec. 744.108. Water and sewer connections to be made before paving.

The Public Utilities Department JEA (or other water/sewer utility where applicable) shall place or cause to be placed all the necessary water and sewer connections in streets which are to be paved, before they are paved, extending from the water mains and sewers to beyond the curbline in front of lots abutting on such streets, one connection with the water mains and one connection with the sewer mains in front of each lot, so that connection therewith can be made from lots without disturbing the pavement when laid. The cost of the connections shall be paid by property owners to the City or other person making the connection, when the connections are needed for use.

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CHAPTER 751. SEPTIC TANK SUPERFUND.

Sec. 751.101. Declaration of legislative intent and public policy.

The Council finds and declares that the publicly owned water and sewer system must be expanded into those neighborhoods and subdivisions where septic tank systems have failed so as to create a sanitary nuisance or other conditions affecting the environment and the health, safety and general welfare of the inhabitants of the City. It is further declared that in an area having failing septic tank systems, but which has not been declared a sanitary nuisance by the Director of the Regulatory and Environmental Services Environmental and Compliance Department after consulting with the Director of Duval County Health Department, water and/or sewer service will not be provided unless at least sixty percent of the property owners signify their desire for the system by signing a letter of intent to make payment of the sewer tap charge, the water pollution control charge, water meter tap fee and water capital recovery fee, if applicable. It is further declared that the costs of constructing sewer collection lines and water distribution lines to septic tank system failure areas, which are declared to be sanitary nuisances are to be borne by all taxpayers since the problems are City-wide. It is further declared that any existing Water and Sewer Enterprise Fund, managed and controlled by JEA, which is being financed by current City utility customers should not be used to rectify septic tank system failure area problems without reimbursement.

Sec. 751.102. Definitions.

When used in this chapter, unless the context otherwise clearly indicates a different meaning, the following terms shall have the meaning contained below:

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(h) Septic tank system failure areas means a subdivision or platted subdivision with five or more failing septic tank systems, and which meets a minimum score of seventy percent of the criteria factors, from evaluation of those criteria factors specified herein, by the Director of the Regulatory and Environmental Services Environmental and Compliance Department after consulting with the Director of the Duval County Health Department or designee. 

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Sec. 751.105. Administration of STS Fund.

The Director of Administration and Finance is authorized and directed to make disbursements from this fund upon the written recommendation of the Director of the Regulatory and Environmental Services Environmental and Compliance Department after consulting with the Director of the Duval County Health Department for the sole purpose of providing water or sewer service to areas on the Failed Area List which are presently served or will be served by the city in priority as determined in accordance with the criteria factors.

Sec. 751.106. Failed Area List.

The Director of the Regulatory and Environmental Services Environmental and Compliance Department shall be responsible for assembling and maintaining a prioritized listing of Septic Tank System Failure Areas (Failed Area List) based upon the criteria factors specified herein, after consulting with the Director of the Duval County Health Department. The Failed Area List shall be submitted to City Council for its review as part of the annual budget process. The Failed Area List shall be updated at least annually. The list shall be promulgated and shall be made available to the public in the Office of the Director of the Regulatory and Environmental Services Environmental and Compliance Department. Any area on the list which has been designated a sanitary nuisance by the Director of the Regulatory and Environmental Services Environmental and Compliance Department after consulting with the Director of the Duval County Health Department shall be identified as such on the list.

Sec. 751.107. Criteria factors.

Priority of providing sewage lines or water lines to a Septic Tank System Failure Area shall be determined by the Director of the Regulatory and Environmental Services Environmental and Compliance Department in consultation with the Director of the Duval County Health Department, or designee, in accordance with criteria factors developed by the Director of the Regulatory and Environmental Services Environmental and Compliance Department after consulting with the Director Duval County Health Department, or designee, and the Director of the Public Works Department. The criteria factors developed shall include:

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If a Septic Tank System Failure Area has been declared a sanitary nuisance by the Director of the Regulatory and Environmental Services Environmental and Compliance Department after consulting with the Director of the Duval County Health Department, that area automatically shall be given the highest priority for the provision of service. If two or more areas are so declared sanitary nuisances, then the developed criteria factors shall be applied to determine the priority amongst them.

Sec. 751.108. Provision of sewage service to Septic Tank System Failure Areas.

(a) When the Director of the Regulatory and Environmental Services Environmental and Compliance Department, in consultation with the Director of the Duval County Health Department have ranked the Septic Tank System Failure Areas in accordance with section 751.107 and sufficient STS Funds are available, the Director shall contact the property owners in the Septic Tank System Failure Area having the highest priority. When at least sixty percent of the property owners in the Septic Tank System Failure Area have agreed to have service provided to their area and each of those property owners has signed a letter of intent to make payment of the sewer tap charge, water pollution control charge, water meter tap fee and capital recovery fee, the Director shall prepare and implement a plan for providing sewage lines to the Septic Tank System Failure Area in accordance with Chapter 122, Part 6.

(b) If, however, a Septic Tank System Failure Area has been declared a sanitary nuisance by the Director of the Regulatory and Environmental Services Environmental and Compliance Department after consultation with the Director of the Duval County Health Department, the Director shall prepare and implement a plan for providing sewage lines without first having to contact the owners in the Septic Tank System Failure Area.

(c) For a failure area where the threat is to drinking water supplies (wells), when notified by the Director of the Regulatory and Environmental Services Environmental and Compliance Department after consultation with the Director of the Duval County Health Department, the Director or designee shall prepare and implement a plan for providing water lines only to the failure area where installation of water lines would be more cost effective than installation of sewage lines to failure area.

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Sec. 751.114. Enforcement.

This chapter shall be enforced by the Regulatory and Environmental Services Environmental and Compliance Department and Environmental Protection Board pursuant to the provisions of Chapter 360, Part 4 and rules promulgated pursuant thereto.

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Sec. 751.117. Interpretation.

Whenever the titles "Director of Regulatory and Environmental Services Environmental and Compliance," "Director of Duval County Health Department," "Director" as the person directing the water and sewer distribution systems for JEA, or "Director of Public Works" are used in this chapter, those titles include the deputies, division chiefs, agents, representatives or designees of each respective director.

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CHAPTER 804. JACKSONVILLE TRAFFIC CODE.

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PART 2. TRAFFIC ADMINISTRATION.

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Sec. 804.806. Charitable solicitations by permit.

(a) A permit for solicitation on the right-of-way of any public street or highway in the City may be obtained from the Environmental and Compliance Department, of Regulatory and Environmental Services Consumer Affairs Division, Division of Consumer Affairs, provided the applicant meets the following criteria:

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(7) The applicant shall provide proof of commercial general liability insurance against claims for bodily injury and property damage occurring on City roadways and rights-of-way or arising from the applicant's solicitation activities or use of the City roadways and rights-of-way by applicant or the applicant's agents, contractors or employees having limits of not less than $1,000,000 per occurrence for the general aggregate (per location). The certificate of insurance shall name the City of Jacksonville as an additional insured and shall be filed with the Environmental and Compliance Department, of Regulatory and Environmental Services, Division of Consumer Affairs Division, by no later than 48 hours before the date of solicitation.

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(c) The Environmental and Compliance Department, of Regulatory and Environmental Services, Division of Consumer Affairs Division, may decline to issue subsequent permits to any individual or group violating the parameters of a previously issued permit or violating any requirements of this Section, any other City ordinance or any state statute.

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Section 2. Effective Date. This Ordinance shall become effective upon signature by the Mayor or upon becoming effective without the Mayor’s signature.

Form Approved:

____/s/ Margaret M. Sidman__________

Office of General Counsel

Legislation Prepared By: Margaret M. Sidman

G:\SHARED\\2008\ord\Reorg RESD to ERMD.doc

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