(A) All words used in the present tense include the future and past tense; all words in the plural number include the singular number, and all words in the singular number include the plural number.
(B) For the purpose of this subchapter, the following definitions shall apply unless the context indicates or clearly requires a different meaning.
AUTHORIZED PRIVATE RECEPTACLE. A litter storage and collection receptacle as required and authorized, which shall not be deemed a nuisance by the refuse department.
COMMERCIAL HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature that:
(a) Advertises for sale any merchandise, produce commodity or thing;
(b) Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales;
(c) Directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind for which any admission fee is charged for the purpose of private gain or profit; but the terms of this definition shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expense incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information that is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided that nothing contained in this definition shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this state, or under any ordinance of this city and county; or
(d) While containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as an advertiser or a distributor.
COUNTY. The County of Clark, Kentucky.
DUMPOUTS. Any material emptied from a vehicle or building upon streets, roadsides, or public places other than that emptied in appropriate litter receptacles.
GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER BAG. A bag, sack, or other container made of any material which is large enough to serve as a receptacle for litter inside the vehicle or watercraft of any person.
LITTER RECEPTACLE. Those containers meeting the requirements of the Department for Natural Resources and Environmental Protection.
LITTER, GARBAGE, REFUSE, GRASS CUTTINGS, AND RUBBISH. As defined herein, and all other waste material that, if thrown or deposited is prohibited herein, tends to create a danger to the public health, safety and welfare.
LITTERING. All solid wastes including, but not limited to, containers, packages, wrappings, printed matter, or other material thrown, or deposited as herein prohibited, but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing.
NEWSPAPER. Any newspaper of general circulation as defined by general law; any newspaper duly entered with the Post Office department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
NONCOMMERCIAL HANDBILL. Any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced originals or copies of any matter of literature not included in the aforesaid definitions of a COMMERCIAL HANDBILL or NEWSPAPER.
PARK. A reservation, playground, beach, recreation center or any other public area in the county owned or used by the county, and devoted to active or passive recreation.
PERSON. Any individual, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES. Any dwelling, house, building or other structure, designed or used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
PRIVATE PROPERTY. Any property not publicly owned or held out for use by the public.
PUBLIC PLACE. Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, and buildings.
REFUSE. All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
RUBBISH. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
SOLID WASTE. All putrescible and nonputrescible solid and semi-solid wastes including garbage, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities.
STREET. Is synonymous with and includes any highway, road, alley, collector, local, arterial, or freeway within the political subdivision.
SWEEPOUTS. Any collection of debris, resulting from clean-up operations, that is deposited in or around a public place.
VEHICLE. Includes every device capable of being moved upon a public street and in, upon, or by which any person or property is or may be transported or drawn upon a public street, excepting devices moved by human or animal power or used exclusively upon stationary rail or tracks.
WATERCRAFT. Any boat, ship, vessel, barge, or other floating craft.
(Prior Code, § 50.003) (Ord. 80-4, passed 3-12-1980; Ord. 2022-2, passed 3-24-2022)