Ordinance 96-07 51. SECTION ONE: CHAPTER FIFTY ONE 51. SECTION TWO: Title and Citation This ordinance shall be known and cited as the "Town of Fort Myers Beach Commercial Waste Disposal Ordinance" 51. SECTION THREE: Definitions For the purpose of this Ordinance the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The words "shall" and "will" are mandatory and not discretionary. A. Commercial Establishment shall mean and refer to all commercial establishments including but not limited to and without regard to whether they are profit or non-profit organizations all retail and/or wholesale establishments, motels, hotels, apartments, condominiums, mobile home parks, travel trailer parks. stores. office buildings, restaurants, service stations and garages. laundries and cleaning establishments, industrial establishments, public or private institutions of all types, all other businesses required to obtain occupational licenses. B. Garbage shall mean every waste accumulation of animal or vegetable matter which attends the preparation, use, cooking, processing, handling or storage of meats, fish, fowl, fruits, vegetables, or other matter which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gasses or odors or which during or after decay, may serve as breeding or feeding materials for flies, insects. animals and rodents. C. Rubbish shall mean every waste accumulation of any kind other than "garbage" which is usually attendant to commercial establishments and the premises upon which said establishment is located, such as but not necessarily limited to paper, cardboard, sweepings, plastic. dust, rags. bottles, cans, or other waste material of any kind. D. Refuse shall mean a combination of or mixture of rubbish and garbage. E. Mobile Home Park shall mean a site containing two or more mobile home spaces and/or mobile homes rented for periods of not less than 30 days. F. Trailer Park shall mean a site containing two or more mobile home spaces and/or mobile homes rented for periods of not less than 30 days.   51. SECTION FOUR. Unlawful Disposal It shall be unlawful for the owners and/or operators of commercial establishments, as herein defined, to dispose of accumulations of garbage, trash, or rubbish by any other means than through the services of an authorized collector franchised by the Town; provided, however, that any such owner or operator who has a vehicle approved by the Board of county Commissioners may on application to said Board of County Commissioners, be granted a special permit, subject to such reasonable regulations as said Board may impose to use said vehicle for the purpose of removing his own garbage, rubbish or refuse. Owners or operators utilizing the services of an authorized collector pursuant to the requirements of this Ordinance shall pay to the subject collector for such services such uniform fees and charges as are approved by the Town Council. 51. SECTION FIVE. Septic Tank Contents It shall be unlawful to dispose of the contents from septic tanks other than at a site designated by the Board of County Commissioners of Lee County, Florida, and subject to such rules and restrictions as said Board or the State of Florida may provide. 51. SECTION SIX. Franchise Required It shall be unlawful for any person to collect, remove or dispose of trash, garbage and rubbish for others in the Town, without first obtaining a franchise from the Town.