As used in this chapter, the following terms shall be defined as set forth below however, to the extent the definition of any term conflicts with the definition of such term as set forth in the current City contract for waste collection and disposal, the definition contained in the contract shall control to the extent of such conflict:
(1) "Bags" means plastic sacks or receptacles designed to store household waste with sufficient wall strength to maintain physical integrity when lifted by the top. The total weight of a bag and its contents shall not exceed fifty pounds.
(2) "Base rate" means the minimum monthly charge assessed by the City to each residential dwelling for basic household waste collection and disposal and recycling services. The base rate shall be set by contract with the waste collection and disposal and recycling contractor.
(3) "Bulky household waste" means rubbish such as stoves, refrigerators, water heaters, washing machines, white goods, furniture and waste materials other than construction debris, dead animals, hazardous waste or stable matter, with weights or volumes greater than those allowed for containers.
(4) "Bundle" means tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding forty-eight inches in length and four inches in diameter or fifty pounds in weight.
(5) "Commercial solid waste" means solid waste in any quantity generated by a producer other than a residential dwelling unit, including, but not limited to, all commercial and industrial enterprises. The term "commercial solid waste" shall not include hazardous material or other material that may not legally be processed and/or disposed of within the Freeport Sanitary Landfill.
(6) "Construction debris" means waste building materials resulting from construction, remodeling, repair, renovation and demolition operations.
(7) "Construction site" means any site upon which one or more residential, industrial or commercial structures is being demolished, built, constructed, assembled or significantly altered or remodeled.
(8) "Construction waste" means refuse or debris generated at a construction site.
(9) "Container" means a receptacle in which recyclable materials, household waste, rubbish and garbage can be stored and later placed for collection as approved by the City.
(10) "Contractor" means a person, corporation or partnership performing residential uncontaminated recycling collections, landscape waste collections, bulky household waste collections and garbage collection and disposal under contract with the City.
(11) "Curbside" means that portion of a right of way adjacent to paved or traveled City streets or roadways (including alleys).
(12) "Franchise" means the area of the City which is the designated residential collection zone for a contractor. This shall not include commercial collection of waste or collection from multifamily dwelling units larger than six units, which shall not be subject to franchise.
(13) "Garbage" means all animal and vegetable matter from the handling, preparation, cooking, consumption, storage, decay or decomposition of food (meats, fish, fowl, fruits, grains) and/or any other animal or vegetable matter whatsoever, subject to decay which may putrefy or generate noxious or offensive odors.
(14) "Hazardous waste" means waste that is toxic, corrosive, dangerously flammable, explosive or otherwise, which, because of its characteristics, poses a substantial hazard to human health or the environment when improperly stored or disposed of, including, but not limited to, gasoline, oil, batteries, petroleum products, pathological waste, pesticides or pesticide containers, paints, paint cans, paint thinner, lead and radioactive materials.
(15) "Household metal" means aluminum, tin cans and other recyclable metal as determined by the City Manager.
(16) "Household waste" means all waste which normally results from the operation of a household, including all garbage and rubbish. The term "household waste" does not include hazardous waste or materials, nor does it include yard waste.
(17) "Junk" means any material, such as stoves, refrigerators or other appliances, furniture, toys, inoperable, partially dismantled or wrecked vehicles of any kind, any vehicle parts (including tires) and excessive amounts of materials other than garbage, rubbish or combustible refuse.
(18) "Litter" means any material which has been discarded or abandoned, or any material no longer in use, including, but not limited to, ashes, cans, bottles, wire, paper, cartons, boxes, glass, plastic or wood scraps or shavings, metal or ceramic scraps or pieces of all types, or any other material which, if thrown or deposited as prohibited in this chapter, tends to create an unsightly or unsanitary condition.
(19) "Debris." Materials which are placed outside in a haphazard manner, which may create rodent and pest harborage or items which are not intended to be nor customarily stored outdoors and which if left exposed and unprotected from the elements will, or potentially will, deteriorate by reason of vandalism, moisture and exposure. Such materials can include rubbish and items which might otherwise be considered useable, such as household furniture, sofas, stuffed chairs and mattresses, when found on the exterior of the property.
(20) "Owner" means any person, agent, firm or corporation having legal or equitable interest in the property.
(21) "Producer" means occupants of a residential dwelling unit who generate household waste and/or recyclable material.
(22) "Receptacle" means a toter as provided by the contracted contractor.
(23) "Recyclable materials" means newsprint, office paper, glass, household metal, specific types of plastic and other materials for which there is a market outlet for re-use or reformulation as a new product.
(24) "Refuse" means solid waste material, except body waste.
(25) "Residential dwelling unit" means any single-family or multifamily dwelling of six or fewer units within the corporate limits of the City to which City water and/or City sewer services are currently provided. The term "residential dwelling unit" shall also include any single-family or multifamily dwelling of six or fewer units within the corporate limits of the City which do not have City water or sewer capability, but have power service currently supplied. The term "residential dwelling unit" shall also include mobile home dwellings which, by agreement or action of the Community Development Director, become part of the City's residential household waste program.
(26) "Residential household waste" means household waste generated by a producer at a residential dwelling unit.
(27) "Rubbish" means all nonputrescible solid wastes consisting of both combustible and noncombustible waste, including, but not limited to, paper, plastics, bottles, glass, cardboard, metal, cans, bricks, ashes, sod, dirt, rocks, cement, trees, wood, leather and any other like materials small enough for one person to handle. The term "rubbish" does not include yard waste, construction debris, construction waste, bulky household waste, dead animals, garbage, stable matter and hazardous wastes.
(28) "Solid waste" means garbage, rubbish, refuse, residential household waste, junk, bulky household waste, yard waste, construction waste, or construction debris.
(29) "Solid waste collector" means an individual, partnership or corporation engaged in the business of collecting, for a fee, one or more of the following within the geographical confines of the City: garbage, rubbish, refuse, residential household waste, junk, bulky household waste, yard waste, construction waste, commercial solid waste or construction debris.
(30) "Stable matter" means all manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals or livestock.
(31) "Yard waste" means compostible, organic material consisting of dead plants, weeds, Christmas trees, tree or hedge trimmings, grass clippings and leaves, but excluding tree limbs over four inches in diameter and forty-eight inches in length.
(1977 Code § 30-101; Ord. 90-51. Passed 6-18-90; Ord. 91-9. Passed 3-18-91; Ord. 94-52. Passed 7-18-94; Ord. 94-97. Passed 11-7-94; Ord. 98-27. Passed 6-1-98; Ord. 2001-63. Passed 1-7-02; Ord. 2020-05. Passed 2-3-20.)