§ 91.04  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALLEY.  A public passageway affording a secondary means of access to abutting property for private, utility and emergency vehicles.
   ANIMAL WASTE.  All waste from household pets, stables, kennels, pet pens, chicken coops, veterinary establishments and other waste of a similar nature.
   ASHES.  Any residue other than salvage from the burning of any combustible material, specifically excluding ashes from medical waste or hazardous waste.
   BRUSH.  Tree limbs and shrubbery clippings exceeding three feet in length.
   BULK WASTE.  Wooden and cardboard boxes, crates, appliances not containing Freon, furniture, machinery, and all other nonvegetative matter, which by reason of size and/or shape are not readily containable. Bulk waste also includes tree trunks, branches, or limbs, regardless of length, which are ten or more inches in diameter.
   BUSINESS ESTABLISHMENT.  Any public or private place, building or enterprise utilized for the conduct of business or industry, including nonprofit organizations, and schools specifically excluding all residential accounts.
   COMMERCIAL MULTI-FAMILY ACCOUNT.  Any structure or premises used as a domicile, dwelling, or habitation with five or more living units, consistent with the definition contained in A.R.S. § 49-746. Multi-family does not include units with four or less units; duplexes; patio homes; mobile home parks; condominiums; town homes; apartments; trailer courts; rooming houses; boarding houses; college dormitories; summer camps; assisted living facilities; residential facilities providing 24 hour nonmedical services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual which include shelters, board and care facilities, halfway houses, hospice care facilities, nursing homes, wards of juvenile court, and the like; or any complex of the foregoing.
   COMMERCIAL SOLID WASTE.  Any solid waste produced by the operation of, or as a by-product of, any business establishment, or commercial account consistent with the definition contained in A.R.S. § 49-746, without regard to whether the business establishment is licensed in the town, or whether the business establishment’s activity is conducted in a private premises, public business, within the town, or any other location.
   CONTAINED SOLID WASTE.  All solid waste placed in containers for disposal.
   CONTAMINATED MATERIALS.  Any materials which, when prepared for one of the acceptable forms of collection described in this chapter, contain materials which are not acceptable under that particular form of collection.
   CONSTRUCTION AND DEMOLITION WASTE.  All debris, rubble, soil and excess materials from any construction, demolition, repair or remodeling operations, whether on private premises, public places, residential account or business establishment, whether to the primary structure or any other structure, and whether produced by the work or at the direction of the property owner, contractor, subcontractor, agent, or any other party.
   DIRECTOR.  The Field and Facilities Services Director or designee.
   FLY-TIGHT.  The lid of the container must fit flush around all contact points and prevent entry of flies or rodents.
   HAZARDOUS MATERIAL and HAZARDOUS WASTE.  Any chemical, compound, mixture, substance or article which is designated by the U.S. Environmental Protection Agency, or appropriate agency of the state, to be hazardous as that term is defined by, or pursuant to, federal or state law. Hazardous material includes, but is not limited to, medical wastes, herbicides, pesticides, explosives, and radioactive, toxic, flammable or corrosive materials.
   HOUSEHOLD HAZARDOUS WASTE.  Any waste that would otherwise be a hazardous waste pursuant to A.R.S. Title 49, and 40 Code of Federal Regulations, Part 261, but is excluded as a hazardous waste because it is generated by the normal day-to-day activities of households.
   IMMINENT HEALTH OR SAFETY HAZARD.  A condition of real property, solid waste or recycling that places a person’s life, health, safety or property in high risk of peril when such condition is immediate, impending on the point of happening and menacing.
   INCIPIENT HAZARD.  A condition of real property, solid waste or recycling that can become an imminent or health hazard if further deterioration occurs that can cause unreasonable risk of death or severe personal injury.
   INDUSTRIAL SOLID WASTE GENERATOR.  A generator of a wide variety of nonhazardous solid waste produced as a result of any industrial operations.
   INERT DEBRIS.  Includes concrete, asphaltic pavement, brick, rock, gravel, sand, soil, and metal, if used as reinforcement in concrete, but does not include hazardous waste, glass or other metal.
   LITTER.  All solid waste, recyclables and debris not properly prepared for collection under this code.
   MEDICAL WASTE.  Materials defined as medical waste by Arizona Revised Statutes.
   METAL GOODS.  Appliances, and shall include refrigerators, freezers, ovens, stoves, air conditioners, washers, dryers and water heaters, and shall specifically exclude smaller household appliances and electronic equipment. Any appliance containing Freon must have a tag certifying that the unit has been properly evacuated.
   MULTI-FAMILY RESIDENTIAL ACCOUNT.  Any structure or premises used as a domicile, dwelling, or habitation with four or less units; duplexes; patio homes; mobile home parks; condominiums; town homes; apartments; trailer courts; rooming houses; boarding houses; college dormitories; summer camps; assisted living facilities; residential facilities providing 24 hour nonmedical services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual which include shelters, board and care facilities, halfway houses, hospice care facilities, nursing homes, wards of juvenile court, and the like; or any complex of the foregoing.
   PERSON.  Any individual, firm, partnership, corporation, institution, trust, or other entity acting as principal, agent, officer, servant or employee for himself or itself, or for any other individual, firm, partnership, corporation, institution or other entity, who owns, leases, rents or occupies any real property within the town limits.
   PRIVATE PREMISES.  Any land and/or structure owned by any person(s) other than the United States, a state, a county, the town, or any political subdivision of the United States.
   PRIVATE SERVICE PROVIDERS.  Any entity or person other than the town who provides for the collection, storage, treatment, transportation, processing, and disposal within the Town of any solid waste of another person or entity including recyclable materials, hazardous materials, or medical waste, or any other types of waste, for disposal, salvage, recycling or any other purpose.
   PROHIBITED SUBSTANCE.  Any liquid, solid, or gas with an ignition temperature or flashpoint of less than 200 degrees Fahrenheit including, but not limited to, gasoline, benzene, naphtha, or other flammable or explosive substance; any material having a pH lower than 5.5 or higher than nine or having any other corrosive property that could be injurious or hazardous to town employees collecting any solid waste under this chapter, or which could cause damage to equipment; any noxious or malodorous substance offensive to the senses and depriving other properties or a considerable number of persons of the comfortable enjoyment of life or property; or any hypodermic needle or syringe.
   PUBLIC PLACE.  Any and all public streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings.
   PUTRESCIBLE MATERIALS.  Solid waste which is capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors or gases and capable of providing food for or attracting birds, insects, snakes, rodents or animals capable of transferring a diseased bacterium or virus from one organism to another. These materials must be bagged and securely tied for proper disposal.
   RECYCLABLE MATERIALS.  Solid waste that has been set aside or separated from other solid waste for the purpose of being collected and recycled and which is, at the Town’s discretion, acceptable recyclable material. Acceptable recyclable material may include the following materials if clean and dry: paper, cardboard, chipboard, plastic containers made from polyethylene terephthalate (“PET”) or high density polyethylene (“HDPE”), glass bottles, steel food cans, aluminum cans, disposable aluminum bakeware, aluminum foil and other materials determined by the town as being marketable.
   RECYCLING CONTAINER.  A container owned by the town for use as part of the town’s recycling program, if any; a recycling container provided for use by a private service provider; or a recycling container provided by a nonprofit organization.
   RESIDENTIAL ACCOUNT.  Any structure or premises used as a domicile, dwelling, or habitation including single-family dwellings; multi-family units with four or less units; duplexes; patio homes; mobile home parks; condominiums; town homes; apartments; trailer courts; rooming houses; boarding houses; college dormitories; summer camps; assisted living facilities; residential facilities providing 24 hour nonmedical services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual which include shelters, board and care facilities, halfway houses, hospice care facilities, nursing homes, wards of juvenile court, and the like; or any complex of the foregoing; consistent with the definition contained in A.R.S. § 49-746 that generates solid waste and recycling.
   RESIDENTIAL SOLID WASTE.  Household trash and recyclables produced by town residents on or in their residential premises within the town, specifically excluding:
      (1)   Construction and demolition waste, whether on or off the residential premises or any other structures on the property.
      (2)   Commercial or industrial solid waste, whether produced at a residential premises or at any other location.
      (3)   Hazardous materials.
      (4)   Medical waste.
      (5)   Manure.
      (6)   Large animals exceeding 50 pounds.
   RESPONSIBLE PARTY.  An occupant, lessor, lessee, manager, licensee, owner or other person having control over a structure or parcel of land and, in the case where remediation is proposed as a means of abatement, any lien holder whose lien interest is recorded in the official records of the Mohave County Recorder’s office.
   SOLID WASTE.  All wastes (except medical wastes), including garbage, rubbish, ashes, street cleanings, dead animals, containable rubbish, filth, construction and demolition waste, brush, bulk waste, metal goods or prohibited substances when these terms are not specifically noted in this chapter. “Solid waste charge account customers” means all individuals or businesses that have established charge accounts approved by the town for transfer station fees.
   SOLID WASTE INSPECTOR.  Any police officer, code enforcement officer, or other town employee with written authorization from the Town Manager to inspect public and private properties, to issue citations and to enforce the provisions of this chapter.
   TOWN.  The Town Colorado City, Arizona.
   TOWN MANAGER.  The Town Manager or the Town Manager’s designee.
   TRANSFER STATION.  Any Town of Colorado City transfer station as may be designated by the town.
   VICIOUS ANIMAL.  means any animal of a vicious species, or an animal of a domesticated species, including, but not limited to, cats and dogs, which without provocation are prone to attack persons.
(Ord. 2018-02, passed 1-17-2018)