For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL GARBAGE. All waste and refuse which results from any business enterprise, including the waste of animal, fruit and vegetable matter generated in hotels, clubs, restaurants and other commercial buildings.
CONSTRUCTION AND DEMOLITION DEBRIS. All waste resulting from the demolition, construction, reconstruction, remodeling, repair and landscaping of any building, roadway, sidewalk, sewer or lawn, and any waste resulting from removal or trimming of trees and shrubs by private firms.
CONTAINER. A receptacle with a capacity no larger than 99 gallons, which: is designed and intended for storage and collection of garbage and refuse, has an attached and hinged lid, as approved by the city and is designed and maintained in an attached and hinged lid, as approved by the city and is designed and maintained in a manner to be leak proof and rodent, vermin, cat and dog proof.
DWELLING UNIT. One or more connected rooms in a structure intended for 1 residential occupancy, including complete kitchen and bathroom facilities, permanently installed.
INDUSTRIAL WASTE. All refuse and nonusable by-products of any manufacturing process, including, without limitation, foundry wastes, pulp wood bark, commercial food processing wastes, hatchery wastes and any type of combustible or noncombustible material produced in large quantities by any factory or business establishment.
LANDFILL MATERIAL. Any type material approved by the Neighborhood Development Coordinator to be dumped or deposited on land for the express purpose of raising the level of the land elevation to facilitate the improvement of the land into commercial, industrial, residential or other permitted use.
MULTIPLE FAMILY DWELLING. A residential dwelling occupied by more than 1 family as defined by the city’s zoning ordinance.
OWNER OF RECORD. A holder of a legal interest, a holder of a life estate interest or a holder of an equitable interest as purchaser pursuant to a land contract, whose interest is recorded at the County Auditor’s or Assessor’s Office. In the case of a firm or corporation, the term OWNER OF RECORD is construed to mean the principal agent, officer or employee responsible for the firm or corporation. In the case of a trust, the term OWNER OF RECORD is construed to mean the trustee of the trust.
PATRON.
(1) Any person, firm, corporation, trust or other entity producing any type of waste material covered by the regulations of this chapter; or
(2) An owner of record, an unrecorded contract purchaser and/or a person that has the right of possession to property where such material is produced or accumulated. In the case of a firm or corporation, the word PATRON is construed to mean the principal agent, officer or employee responsible for said firm or corporation. In the case of a trust, the word PATRON is construed to mean the trustee of the trust.
PRIVATE HAULER. Any person, firm or corporation engaged for hire, in the collection, hauling or disposing of any garbage, refuse, debris or trash as described herein.
REFUSE. Discarded, relatively dry, miscellaneous materials having a low kindling temperature and thus easily incinerated, including, without limitation, wood, paper, rags, excelsior, straw, leather, rubber, cardboard, sweepings from buildings and other similar discarded articles of a combustible nature. REFUSE also includes, without limitation, plastic and metal cans, oil cans, glassware, pottery, metallic-ware, household appliances, metal parts or material of any description and ashes.
RESIDENTIAL DWELLING STRUCTURE. Any building that contains 1 or more dwelling units, except that a RESIDENTIAL DWELLING STRUCTURE shall not include any building that contains more than 4 rental dwelling units.
RESIDENTIAL GARBAGE. All household waste, including refuse, originating from residential dwelling units within the city. It consists of, but is not limited to all household and kitchen waste, such as discarded food or food residues, tin cans, bottles and waste paper.
TRASH. Residential garbage, commercial garbage, combustible refuse and noncombustible refuse and other materials commonly known as TRASH, whether same is discarded or is in need of disposal.
UNRECORDED CONTRACT PURCHASER. A holder of an equitable interest as purchaser pursuant to a land contract, whose interest is unrecorded at the County Auditor’s or Assessor’s Office.
VEHICLE. Any device in, upon or by which a person or property is, or may be, transported or drawn upon a highway.
WEEDS AND RANK VEGETATION. Grass and/or weeds over 8 inches in height, and plants which ordinarily cause a skin rash upon contact, but not including small shrubs and trees.
YARD WASTE. Leaves, limbs, sticks and other vegetative matter, plants or trees, with the exception of plants described in I.C. 13-20-9-1(2)(A), (2)(B) and (2)(C), as amended. The plants described currently at I.C. 13-20-9-1(2)(A), (2)(B) and (2)(C), as of the effective date of this subchapter, are as follows:
(1) Grass;
(2) Woody vegetative matter that is less than 3 feet in length and is bagged, bundled or is otherwise contained; or
(3) De minimis amounts of vegetative matter less than 3 feet in length that are bagged, bundled or otherwise contained and not set out separately for collection and disposal.
(1979 Code, § 99.01) (Ord. 4217, passed 9-11-1995; Am. Ord. 4332, passed 12-19-1997
; Am. Ord. 4961, passed 4-3-2006
)