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§ 91.45 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   APPROVED BACKYARD COMPOSTING SITE. One which uses only composting materials as defined herein.
   COMPOST. The end product of an aerobic degradation process of yard and garden waste.
   CONSTRUCTION AND DEMOLITION WASTE. Waste which results from land clearing, and the demolition or movement of buildings, roads, or other structures, including, but not limited to, beneficial fill materials, wood (including painted and treated wood), land clearing debris other than yard waste, wall coverings (including wallpaper, paneling, and tile), drywall, plaster, non-asbestos insulation, roofing shingles and other roof coverings, plumbing fixtures, glass, plastic, carpeting, electrical wiring, pipe, and metals. The waste shall also include the above-listed types of waste that result from construction projects. CONSTRUCTION AND DEMOLITION WASTE shall not include friable asbestos waste, special waste, liquid waste, hazardous waste and waste that contains polychlorinated biphenyl (PCB), putrescible waste, household waste, industrial solid waste, corrugated cardboard, appliances, tires, drums, and fuel tanks.
   DEAD ANIMALS. All small animals, such as cats, dogs, and rabbits, which die from any cause. The term shall in no way mean large animals, such as goats, horses, mules, and cows, which may die from any cause.
   GARBAGE. Includes every accumulation of animal, fruit, or vegetable waste generated by or resulting from the decay, deterioration, storage, preparation, or handling of any animal and vegetable matter in any place or at any point where food is prepared for human consumption, including all kitchen and dining room refuse produced by households, hotels, restaurants, lunch rooms, clubs, hospitals, schools, stores, warehouses, cold storage plants, creameries, bakeries, or any other source whatsoever existing in the city.
   LITTER. Includes, but is not limited to:
      (1)   Trash, rubbish, refuse, garbage, paper, rags, and ashes;
      (2)   Wood, plaster, cement, brick, or stone building rubble;
      (3)   Grass, leaves, and worthless vegetation;
      (4)   Offal or dead animals; and
      (5)   Any machine or machines, vehicle or vehicles, or parts of a machine or vehicle which have lost their identity, character, utility, or serviceability as such through deterioration, dismantling, or the ravages of time, are inoperative or unable to perform their intended function, or are cast off, discarded, or thrown away or left as waste, wreckage, or junk.
   REFUSE. Includes the waste material from normal households or living conditions and business operations other than garbage, but shall not include waste materials from building construction or repair, factory wastes, or refuse from industrial plants or any character. In general, the kinds of materials classified as REFUSE are paper, rags, bottles, tin cans, bottle caps, cardboard, worn-out clothing or furniture, household appliances, excelsior, garden or tree trimmings, and similar materials.
   SPECIAL WASTE. A solid waste, except waste which is regulated as a hazardous waste, which possesses physical, chemical, or biological characteristics that make it different from general household or construction and demolition waste and which requires special handling, treatments, or disposal methodologies in order to protect public health, safety, and the environment.
   WASTE MATERIAL. Includes all items, objects, or material not included within the definition of garbage, litter, dead animals, yard waste, or refuse as well as petroleum oils, greases, solvents, fuels, insecticides, herbicides, chemical waste, hazardous materials, or any materials similar to those listed herein.
   YARD WASTE. Grass and leaves and shall not include other yard debris such as tree limbs and brush.
(1973 Code, § 4-401) (Ord. 709, passed 6-7-2001)
§ 91.46 NUISANCES DECLARED.
   (A)   Generally. The maintaining, using, placing, depositing, leaving, or permitting of any of the following specific acts, omissions, places, conditions, and things are hereby declared to be nuisances:
   (B)   Specifically.
      (1)   Any odorous, putrid, unsound, or unwholesome grain, meat, hides, skins, feathers, vegetable matter, or the whole or any part of any dead animal, fish, or fowl;
      (2)   Filthy, littered, or trash-covered cellars, houseyards, barnyards, stable yards, factory yards, mill yards, vacant areas in rear of stores, granaries, vacant lots, houses, buildings, or premises;
      (3)   Trash, litter, packing materials, scrap metal and lumber, junk automobiles and parts, materials creating conditions that are a fire hazard, and other unsightly or unsanitary conditions that would depreciate the value of property in the vicinity thereof or which would constitute a menace to public health, safety, or welfare;
      (4)   Any unsightly building, billboard, or other structure, or any old, abandoned, or partially destroyed building or structure or any building or structure commenced and left unfinished, which the buildings, billboards, or other structures are either a fire hazard, a menace to the public health or safety, or are so unsightly as to depreciate the value of property in the vicinity thereof;
      (5)   All places used as junk yards, dumping grounds, or for the storage of worn-out vehicles or machinery of any kind, or of any of the parts thereof;
      (6)   Stockyards, granaries, mills, pig pens, cattle pens, chicken pens, or any other place, building, or enclosure, in which animals or fowl of any kind are confined or on which are stored manure tankage or any other animal or vegetable matter, or on which any animal or vegetable matter including grain is being processed, when the places in which the animals are confined, or the premises on which the vegetable or animal matter is located, are maintained and kept in such a manner that foul and noxious odors are permitted to emanate therefrom, to the annoyance of inhabitants of the city, or are maintained and kept in such a manner as to be injurious to the public health, safety, or welfare; and
      (7)   All other nuisances specifically designated elsewhere in this code or recognized at law or equity.
(1973 Code, § 4-402) (Ord. 709, passed 6-7-2001) Penalty, see § 91.99
§ 91.47 LITTER PROHIBITED; PUBLIC NUISANCE.
   It shall be unlawful and hereby declared a public nuisance to litter or cause litter to be deposited or remain on any lot or piece of ground within the city of within one mile of the corporate limit of the city except in approved dumpsters.
(1973 Code, § 4-403) (Ord. 709, passed 6-7-2001) Penalty, see § 91.99
§ 91.48 APPROVED METHODS OF DISPOSAL.
   (A)   Approved methods of disposal for garbage, litter, refuse, and waste materials are as follows:
      (1)   By disposal of garbage into an approved dumpster provided by garbage franchisee; and
      (2)   By hauling to the sanitary landfill transfer station and dispensing there as directed by the person in charge.
   (B)   Approved methods of disposal for yard waste are as follows:
      (1)   By utilizing the yard waste in an approved backyard composting site; and
      (2)   By hauling to the city provided dumpster specifically maintained for yard waste and by dumping into the same.
(1973 Code, § 4-404) (Ord. 709, passed 6-7-2001) Penalty, see § 91.99
§ 91.49 REMOVAL; DUTY OF OWNER.
   It shall be the duty of every owner and person in possession, charge, or in control of any dwelling, flat, rooming house, apartment house, hospital, school, hotel, club, restaurant, boarding house, or eating place, or in possession, in charge, or in control of any shop, place of business, or manufacturing establishment, where garbage, litter, refuse, yard waste, or other waste material is created, or accumulated, to remove or cause to be removed from the premises where accumulated the garbage, litter, refuse, yard waste, or waste material. It shall be unlawful to place garbage, litter, refuse, yard waste, or waste material in any alley, easement, property, or public place.
(1973 Code, § 4-405) (Ord. 709, passed 6-7-2001) Penalty, see § 91.99
§ 91.50 ABATEMENT OF NUISANCES.
   (A)   If the owner, occupant, or agent in charge of any lot, building, or other premises, or the person responsible for the maintenance of a nuisance, fails to abate the nuisance ten days after a notice to abate has been mailed by ordinary first-class mail and certified mail, return receipt requested, to the last known address of the person or persons, the City Attorney's office may, with consent of the Mayor, bring legal action to obtain abatement of the nuisance.
   (B)   In the event legal action to abate a nuisance is commenced on behalf of the city, the City Attorney shall request that the court enter the order as is appropriate to expeditiously and completely abate the nuisance and that the order be of a continuing nature, permanently enjoining the defendant from continuing, maintaining, renewing, or restoring a judgment against the defendant(s) for the cost incurred by the city in abating the nuisance conditions.
(1973 Code, § 4-406) (Ord. 449, passed 12-1-1977; Ord. 693, passed 7-8-1999; Ord. 709, passed 6-7-2001)
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