For purposes of this chapter, the following words, terms and phrases shall have the meanings defined in this section, except where the context clearly indicates a different meaning:
ALLEY: A public passageway affording a secondary means of access to abutting property for utility, emergency and solid waste vehicles.
ASHES: All residue from the burning of any combustible material but does not include ashes from medical waste, hazardous wastes or special waste.
AUTOMATED CONTAINED SOLID WASTE COLLECTION SYSTEM: A contained solid waste collection system that utilizes city specified solid waste containers and a solid waste collection vehicle equipped with a lifting device.
BULK WASTE: Uncontained waste consisting of wooden and cardboard boxes, crates (except as used to contain clippings, cactus or matter which, according to the provisions of this article, will be collected by the city), appliances, furniture, machinery, automobile parts and all other nonvegetative matter, which by reason of size or shape are not readily containable. Bulk waste also includes tree trunks, branches or limbs, regardless of length, which are twelve (12) or more inches in diameter.
COMMERCIAL SOLID WASTE: Includes solid waste produced by the operation of or as a byproduct of any business, without regard to whether the business is licensed in the city, or whether the business activity is conducted in a public business, private residence, within the city, or any other location.
CONSTRUCTION AND DEMOLITION WASTE: Includes all debris, rubble, soil and excess materials from any construction, demolition, repair or remodeling operations, whether on private, public, residential or commercial premises, 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.
CONTAINED SOLID WASTE: Includes all garbage and trash placed in containers for disposal.
CONTAMINATED LOAD: Any load containing prohibited materials.
FILTH: Includes manure, excrement, or a similar substance.
FLYTIGHT: A solid waste container with a lid that fits flush around all contact points and prevents the entry of flies or rodents.
GARBAGE: All putrescible waste, except sewage and body waste, including waste accumulation of animals, food or vegetable matter, and including waste that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit and vegetable, and shall include all the wastes or accumulations or vegetable matter of residences, restaurants, hotels and places where food is prepared for human consumption. The term garbage shall not include recognized industrial byproducts. Swill, offal and any accumulation of spoiled, partially or fully decomposed, rotting or discarded animal, vegetable or other matter that attends the preparation, handling, consumption, storage or decay of plant and animal matter including meats, fish, fowl, buds, fruits, vegetables or dairy products and their waste wrappers or containers.
HAZARDOUS MATERIAL: Any chemical, compound, mixture, substance or article which is designated by the U.S. environmental protection agency or appropriate agency of the state of Arizona to be hazardous, as that term is defined by or pursuant to federal or state law. Hazardous material includes, but is not limited to, explosives, herbicides, medical wastes, pesticides, and radioactive, toxic, flammable or corrosive materials.
HOUSEHOLD HAZARDOUS WASTE: Any waste that would otherwise be a hazardous waste pursuant to Arizona Revised Statutes, 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: Condition of real property, solid waste or recycling container that places a persons' life, health, safety or property in high risk of peril when the condition is immediate, impending on the point of happening and menacing.
INFECTIOUS SOLID WASTE: Any material which presents a significant danger of infection because it is contaminated with or may reasonably be expected to be contaminated with agents which cause or significantly contribute to the cause of increased infection or infectious disease in human beings.
LITTER: All garbage, waste and debris not properly prepared for collection under this chapter.
MEDICAL WASTE: Any materials defined as medical waste by Arizona Revised Statutes and Arizona administrative rules.
MULTI-FAMILY RESIDENTIAL ACCOUNT: An account for a multi-family residential dwelling unit which has requested and receives sanitation service from the city using containers designed to service more than one dwelling unit.
MULTI-FAMILY RESIDENTIAL DWELLING UNITS: Any residential property comprised of two (2) or more dwelling units, including duplexes, apartments and condominiums.
NUISANCE: Anything which is injurious or obnoxious to health, or is offensive to the senses, or is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by any considerable number of persons, or which obstructs the free passage or use, in the customary manner, of any street, alley, sidewalk or public property.
OCCUPANT: A person, persons or legal entity that, through rights of ownership, tenancy or other legal means, has possession or the use of the subject real property.
PERSON: Any enterprise, individual, partnership, copartnership, firm, company, corporation, association, trust, estate, governmental entity, municipality, state or federal agency or any other legal entity; or their legal representatives, property managers, agents, assigns, or employee thereof.
PRIVATE PROPERTY: Any real or personal property which is privately owned.
PROHIBITED SUBSTANCE: Any liquid, solid, or gas with an ignition temperature or flashpoint of less than two hundred degrees Fahrenheit (200°F), including, but not limited to, gasoline, benzene, naphtha, or other flammable or explosive substance; any material having a pH lower than 51/2 or higher than 9 or having any other corrosive property that could be injurious or hazardous to city collection employees 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 medical waste as defined by Arizona state statutes and Arizona administrative rules.
PROPERTY: Any buildings, ground, lots, tracts of land, or other real property whether publicly or privately owned.
PROPERTY OWNER: Any person, with reference to real property, that holds or has any of the following: a) fee title, b) equitable title, c) any possessory right, d) the right to occupy the premises, or e) the right to lease, sublease or authorize another to occupy the premises for real property located in the city of Eloy. A person is presumed to be a property owner if identified as such on any of the following: a deed, contract, lease agreement, sales agreement, the Pinal County recorder's office, Pinal County assessor's office and/or any other public record system wherein these records may be located.
PUBLIC NUISANCE: Anything which is injurious or obnoxious to health, or is offensive to the senses, or is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by any considerable number of persons, or which obstructs the free passage or use, in the customary manner, of any street, alley, sidewalk or public property.
RECYCLABLE MATERIALS: Any 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 city manager'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 ("PETE") or high density polyethylene ("HDPE"), steel food cans, aluminum cans, disposable aluminum bakeware and aluminum foil and other materials determined by the city manager, or the manager's designee, as being marketable.
RESIDENTIAL SOLID WASTE: Household garbage and rubbish produced by city residents on or in their residential premises within the city, specifically excluding:
A. Construction and demolition waste, whether on or off the residential premises, and whether to the primary residential structure or any other structures.
B. Commercial or industrial solid waste, whether produced at the residence or at any other location.
C. Hazardous materials.
D. Body waste.
E. Manure.
F. Animals.
RESIDENTIAL WASTE GENERATOR: Any person in charge of, owning, leasing, renting or occupying any building or buildings used solely for a family or private residential domicile, including, but not limited to, single-family dwellings, multi-family units, duplexes, patio homes, mobile home parks, trailer courts, rooming houses, boarding houses, assisted living facilities, apartments, condominiums, townhomes, or any complex of the foregoing.
RUBBISH: Refuse other than garbage, tin cans, bottles, ashes, paper, pasteboard or wooden boxes, brush, leaves, weeds and cuttings from trees, lawns, shrubs and gardens or other waste materials produced in the normal course of everyday living.
SINGLE-FAMILY RESIDENCE: A single-family detached dwelling.
SINGLE-FAMILY RESIDENTIAL ACCOUNT: An account for a single-family detached dwelling which receives sanitation services from the city using residential containers provided by the city, or its contractor.
SOLID WASTE: All wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned, wrecked or junked vehicles or parts thereof, brush, and containable rubbish, filth, construction and demolition waste, bulk waste, metal goods and prohibited substances when these terms are not specifically noted in this article.
SOLID WASTE CONTAINER: A container owned by the city and made available for use as part of the city's automated solid waste collection program.
UTILITY ACCOUNT: All accounts with the city of Eloy for sanitation, sewer and/or water when provided by the city.
UTILITY SERVICE(S): Sewer, sanitation and/or water service provided by or on behalf of the city of Eloy. (Ord. 15-848, 11-23-2015)