The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
DISPOSAL SITE. A refuse depository, including but not limited to, sanitary landfills, transfer stations, incinerators and waste processing/separation centers, licensed, permitted or approved to receive for processing or final disposal of refuse and dead animals by all governmental bodies and agencies having jurisdiction, and requiring such licenses, permits or approvals.
INCINERATOR AND GARBAGE GRINDER. Incinerators and garbage grinders, respectively, which conform in all respects to the requirements for incinerators and garbage grinders contained in the Building Code of the city.
JUNK. All waste materials from normal household living conditions and business operations that cannot be readily classified under other definitions contained herein, which are abandoned, in disuse, and otherwise not being utilized in accordance with their original design, intent and purpose. JUNK shall include household furniture and furnishings, such as upholstered chairs and sofas and mattresses and carpetings, that are not constructed or designed for outdoor use, and are located in yards or other areas open to the elements while not in actual use.
LITTER. Rubbish, refuse, garbage, trash or junk, as hereinafter defined, and all other waste material that, if thrown or deposited as herein prohibited, tends to create a public nuisance, as defined by § 52-26(A) of the City Code, or that is detrimental to the public health, safety and general welfare.
NONRESIDENTIAL WASTE GENERATION. Any commercial or industrial site, any modular house in a modular home park, any mobile home in a mobile home park, or any multifamily dwelling containing 5 units or more.
PREMISES. Any enclosed area used for residential, commercial or industrial purposes, separately or in combination, to which a separate street address, postal address or box, tax roll description or other similar identification has been assigned to or is in use by a person having control of the area.
RECYCLABLE MATERIALS. Materials that still have useful physical or chemical properties after serving their original purpose and that can, therefore, be reused or remanufactured into additional products. Specific recyclable materials to be included for collection or excluded from collection shall be determined as provided by the rules and regulations that may be established for this chapter by the City Manager.
RECYCLER. An approved business that by agreement will take recyclable materials otherwise
destined for disposal and convert them into a useful product.
RECYCLING RECEPTACLES. The receptacles purchased and distributed by a waste hauler to city residents for the intended use as a receptacle of recyclable materials.
RESIDENTIAL UNIT. A dwelling or mobile home within the corporate limits of the city. A RESIDENTIAL UNIT shall be deemed occupied when either water or domestic light and power services are being supplied thereto, and shall include any building or structure, whether freestanding or connected to any other structure designed to be occupied, either totally or partially, as the residence or living quarters of any person, whether permanently or temporarily. This definition shall not include any residential unit otherwise falling within this definition which is part of a larger structure wherein 5 or more such residential units are connected by common walls,
ceilings or floors, and shall not include licensed hotels or motels or mobile home parks.
RIGHT-OF-WAY. One of the following:
(1) The area between the sidewalk and the curb;
(2) The area within 3 feet from the curb, if no sidewalk is in place;
(3) The area within 4 feet from the edge of the road, if there is no curb.
SITE OF GENERATION. Any premises in or on which solid waste is generated.
WASTE. One or more of the following:
(1) BULKY WASTE. Large items of refuse, including but not limited to, appliances, furniture, large auto parts, junk vehicles, nonhazardous construction and demolition materials, trees, branches and stumps which cannot be handled by normal solid waste processing, collection and disposal methods.
(2) COMMERCIAL WASTE. Waste originating in wholesale, retail, institutional or service establishments such as office buildings, stores, markets, theaters, hotels and warehouses.
(3) COMPOST. The relatively stable decomposed organic material resulting from the composting process; also referred to as HUMUS.
(4) CONSTRUCTION WASTE. Waste materials resulting from alteration, repair or construction of buildings or structures.
(5) DEAD ANIMALS. Animals, or portions thereof, equal to or greater than 5 pounds in weight that have expired from any cause, except those slaughtered or killed for human use.
(6) GARBAGE. Every accumulation of animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods and all other organic matter subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors which, during or after decay, may serve as breeding material for flies, insects or animals. Included shall be windfall fruit, meats, fish, fowl, vegetables or other matter which is in a state of decomposition. Garbage does not include dead animals, human waste, stable waste or manure.
(7) HAZARDOUS WASTE. Any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or appropriate agency of the state to be hazardous, as that term is defined by or pursuant to federal and state law.
(8) HOUSEHOLD WASTE. Garbage and trash generated from residential units.
(9) INDUSTRIAL WASTE. Every waste accumulation of metal, metal products, minerals, chemicals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber, tires, bottles, cans, lumber, sawdust, wastes from animal packinghouses or
slaughterhouses or other materials usually created by industrial enterprise, but not household waste or commercial waste. It does not include hazardous waste, human body waste, liquid or other waste regulated by statute, ferrous or nonferrous scrap directed to a scrap metal processor or to a reuser of ferrous or nonferrous products, and slag or slag products directed to a slag processor or to a reuser of slag or slag products.
(10) STABLE MATTER. All manure and other waste normally accumulated in or about a stable or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock.
(11) TRASH. Materials considered worthless, unnecessary or offensive that are usually thrown away. It is generally defined as dry waste material and does not include garbage. It is a synonym for rubbish or refuse.
(12) YARD WASTE. Leaves, grass clippings, garden debris, shrubs, branches less than 4 feet in length and 2 inches in diameter, or noncombustible materials that can be converted to compost humus. Expressly excluded are stumps, agricultural wastes, animal waste, roots, sewage, sludge or garbage.
WASTE DUMPSTER. A bin or receptacle which is mechanically emptied into a waste collection vehicle. A WASTE DUMPSTER shall either be designed, constructed or modified so that it will not tip, when subjected to 191 pounds hanging vertically from the leading edge thereof, or to a pull force of 70 pounds exerted horizontally from any edge thereof, or shall be secured to prevent its tipping over, or shall be enclosed in a fence barrier at least 4 feet high, with a locked access gate to prevent unauthorized access. Excluded from this definition are roll-off containers and manually handled cylindrical containers or manually handled disposal bags.
WASTE GENERATOR. A person generating solid waste.
WASTE HAULER. Any person engaged, in whole or part, in the business of collecting, transporting, delivering or disposing of waste, including recyclable materials and yard waste.
WASTE RECEPTACLE. A watertight container, constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and a tightfitting lid capable of preventing entrance into the container by vectors. The mouth of the container shall have a diameter greater than or equal to that of the base. The weight of a container and its contents shall not exceed 30 pounds. Watertight containers shall be no larger than 30-gallon capacity unless authorized in writing by the City Manager.
(1993 Code, § 50-1) (Ord. passed 10-28-1991; Ord. passed 1-24-1994; Ord. passed 10-13-2008)
Cross-reference:
Definitions and rules of construction generally, see § 1-2