§ 94.001  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AIRCRAFT.  Any contrivance used or designated for navigation or for flight in the air.  The word AIRCRAFT shall include helicopters and lighter-than-air dirigibles and balloons.
   ALLEY/CURBSIDE RECYCLING.  An organized program sponsored by the city resulting in residents and/or businesses within the corporate limits separating recyclable materials and placing them in the alley or curbside or at a designated trash collection point to be collected by the city. 
(Ord. 7302, passed 9-10-1990)
   AUTHORIZED PRIVATE RECEPTACLE.  A litter storage and collection receptacle as required and authorized in §§ 94.015et seq. and 94.035 through 94.040.
(Ord. 3714, passed 11-9-1970)
   BOARD.  The Board of Public Works and Safety of the city, or its designee.
(Ord. 4678, passed 5-18-1981; Ord. 4686, passed 6-15-1981)
   BOARDING HOUSE.  See LODGING HOUSE.
   BULK WASTE.  See WASTE.
   COMBUSTIBLE RUBBISH.  See RUBBISH.
   COMBUSTIBLES.  Various materials that are burnable-paper, plastics, wood, food wastes and the like.
(Ord. 4678, passed 5-18-1981)
   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, which does any one or more of the following things.
      (1)   Advertises for sale any merchandise, product, commodity or thing;
      (2)   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;
      (3)   Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; and  (The terms of this division shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to the 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 which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order.  Also, nothing contained in this division 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 the license is or may be required by any law of this state, this code or under any ordinance of this city.)
      (4)   Contains 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 advertiser or distributor.
(Ord. 3714, passed 11-9-1970)
   COMMERCIAL SOLID WASTES.  See WASTE.
   COMPOSTING.  A controlled biological reduction of organic wastes to humus.
(Ord. 7717, passed 8-8-1994)
   CONSTRUCTION WASTES.  See WASTE.
   CONTAINER.  A 90 or 65 gallon container provided by the city for refuse collection which is capable of fitting on the automatic lift of 1 city garbage truck.
(Ord. 8342, passed 3-26-2001)
   DEMOLITION WASTES.  See WASTE.
   DISPOSE.  To discard, abandon, cause to be or allow the removal of waste from the site of origination.
(Ord. 7717, passed 8-8-1994)
   DISPOSED OF.  Removal of any material, from the premises where it was generated or produced, because it can no longer be used for its original purpose.
(Ord. 4678, passed 5-18-1981)
   EXCREMENT.  Any liquid, solid or semi-solid matter discharged from any warm-blooded animal.
(Ord. 4678, passed 5-18-1981)
   FLY ASH.  Small solid particles of ash and soot generated when coal, oil or wastes are burned.
(Ord. 4678, passed 5-18-1981)
   FOOD WASTE.  See WASTE.
   GARBAGE.  Kitchen and table refuse, swill and every accumulation of both vegetable and animal matter that attends the cooking, preparation, handling, dealing in or storing of meats, fish, fowl, fruits or vegetables.
(Ord. 3326, passed 5-8-1961; Am. Ord. 4285, passed 12-13-1976)
   GRASS CLIPPINGS.  Any cut out of or off of various green plants with narrow leaves, growing densely in meadows, vacant lots, lawns and the like.
(Ord. 7717, passed 8-8-1994)
   HAZARDOUS WASTES.  See WASTE.
   INCOMBUSTIBLE RUBBISH.  See RUBBISH.
   INDUSTRIAL WASTES.  See WASTE.
   LANDFILL.  A solid waste management disposal facility as defined by state statute at which solid waste is deposited on or in the ground as an intended place of final location.
(Ord. 7717, passed 8-8-1994)
   LITTER.  Garbage, refuse and rubbish and all other waste material which, if thrown or deposited as prohibited in this chapter, tends to create a danger to public health, safety and welfare.
(Ord. 3714, passed 11-9-1970)
   LODGING HOUSE or BOARDING HOUSE. Any dwelling, excluding apartment buildings, in which more than three persons are housed or lodged for hire, with or without meals.
(Ord. 4686, passed 6-15-1981)
   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.  Also, any periodical or current magazine regularly published 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 original or copies of any matter of literature not included in the definitions of a “commercial handbill” or a “newspaper,” as provided in this section.
   PARK.  A park, reservation, playground, beach, recreation center or any public area in the city, owned or used by the city and devoted to active or passive recreation.
(Ord. 7032, passed 9-10-1990)
   PERSONS.  An individual, partnership, co- partnership, firm, company, corporation, association, joint stock company, trust, estate municipal corporation, city, school city, town, school town, school district, school corporation, county, any consolidated unit of government, political subdivision, state agency or any other legal entity.
(Ord. 7717, passed 8-8-1994)
   PLACE OF BUSINESS.  A building or space devoted to one’s work.
(Ord. 7717, passed 8-8-1994)
   PLANT CUTTING.  Any cut out of or off of a soft stemmed living organism that cannot move voluntarily, has no sensory organs and synthesizes food from carbon dioxide.
(Ord. 7717, passed 8-8-1994)
   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 the dwelling, house, building or other structure.
   PUBLIC PLACE.  Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
   RECYCLABLE MATERIALS.  Recyclable materials include but are not limited to newsprint, aluminum cans, plastic, glass and may from time to time include other household refuse items designated by the city as recyclable materials based upon market conditions and available recycling technology.  RECYCLABLES shall be interchangeable with RECYCLABLE MATERIALS.
(Ord. 7032, passed 9-10-1990)
   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.
(Ord. 3714, passed 11-9-1970)
   RESIDENCE.  The place where one resides.
(Ord. 7717, passed 8-8-1994)
   RESIDENTIAL BUILDING UNIT.  Any habitable room or rooms located within a dwelling and used as a single habitable unit, with facilities which are used or intended to be used for living, sleeping, cooking and eating, except that in the case of a lodging house or boarding house, as herein defined, a sleeping room shall constitute one- fourth of a RESIDENTIAL BUILDING UNIT.
(Ord. 4686, passed 6-15-1981)
   RESIDENTIAL WASTES.  See WASTE.
   RESIDUE.  Solid wastes, excluding food wastes and ashes taken from residences, commercial establishments and institutions.
(Ord. 4678, passed 5-18-1981)
   RUBBISH.  Nonputrescible solid wastes consisting of both combustible and noncombustible wastes.
(Ord. 3714, passed 11-9-1970)
      (1)   COMBUSTIBLE RUBBISH. Paper, cardboard, excelsior, wood, lawn sweepings, grass and all other articles that will burn without causing excess smoke, excluding garbage.
      (2)   INCOMBUSTIBLE RUBBISH. Cloth, rags, leather scraps, carpets, rugs, glass, cans, bricks and any other material that will not burn or burns in a manner as to cause excessive smoke.
(Ord. 3326, passed 5-8-1961; Am. Ord. 4285, passed 12-13-1976)
   SANITATION DEPARTMENT.  That department of the city responsible for refuse collection in the city.
(Ord. 7717, passed 8-8-1994)
   SINGLE RESIDENTIAL BUILDING UNIT. Each apartment unit within a multi-unit building.
(Ord. 4686, passed 6-15-1981)
   SOD.  A surface layer of earth containing grass with its roots.
(Ord. 7717, passed 8-8-1994)
   SOLID WASTE or REFUSE.  Decaying and non- decaying wastes including garbage, rubbish, dead animals, offal, components, animal feces, human wastes, abandoned vehicles, machinery components, construction or demolition debris and landscape wastes unless composted pursuant to this chapter.
(Ord.  7717, passed 8-8-1994)
   TRASH.  Waste that does not include food wastes but may include other organic materials.
(Ord. 4678, passed 5-18-1981)
   VEGETATIVE MATTER. Any yard or landscaping waste, including leaves, grass, brush, limbs and agricultural operations or community activities.
(Ord. 7717, passed 8-8-1994)
   VEHICLE.  Every device in, on or by which any person or property is or may be transported or drawn on a highway, including devices used exclusively on stationary rails or tracks.
(Ord. 3714, passed 11-9-1970)
   WASTE.  Any material encompassed by bulk waste, combustibles, commercial solid waste, construction wastes, demolition wastes, excrement, fly ash, food waste, garbage, hazardous waste, industrial waste, refuse, residential waste, residue, solid waste and trash.
      (1)   BULK WASTE.  Large waste such as appliances, furniture, trees and branches, stumps, automobile parts and the like.
      (2)   COMMERCIAL SOLID WASTES.  Wastes that originate in wholesale, retail or service establishments, such as office buildings, stores, markets, theaters, hotels, warehouses and the like.
      (3)   CONSTRUCTION WASTES. Waste produced in the course of construction of homes, office buildings, industrial plants, schools and other buildings.  The materials usually include used lumber, miscellaneous metal parts, packaging materials, cans, boxes and similar materials.
      (4)   DEMOLITION WASTES.  Waste produced from the destruction of buildings, roads, sidewalks, and the like.  These wastes usually include large broken pieces of concrete, pipe, radiators, duct work, electrical wire, broken-up plaster walls, lighting fixtures, bricks, glass and similar materials.
      (5)   FOOD WASTE.  Animal and vegetable wastes resulting from the handling, storage, sale, preparation, cooking and serving of foods, commonly called garbage.
      (6)   HAZARDOUS WASTES.  Waste that by their nature are inherently dangerous to handle or dispose of.  These wastes include radioactive substances, toxic chemicals, biological wastes, flammable wastes, explosives and the like.
      (7)   INDUSTRIAL WASTES.  Waste generally discarded from manufacturing processes.
      (8)   RESIDENTIAL WASTES. Wastes generated in houses and apartments, including paper, cardboard, beverage and food cans, plastics, food wastes, glass containers, garden wastes and similar wastes.
      (9)   SOLID WASTES.  Any of a wide variety of solid materials, as well as some liquids in containers, which are discarded or rejected as being spent, useless, worthless or in excess.
(Ord. 4678, passed 5-18-1981)
      (10)   YARD WASTE.  Leaves, grass, clippings, garden debris and brush.
(Ord. 7717, passed 8-8-1994)
   WASTE-HAULING VEHICLE.  Any vehicle used to transport waste to be disposed of such as, but not limited to compactor trucks, dump trucks, pick-up trucks, tank trucks, vacuum trucks, roll-off container trucks, semi-tractor trailer trucks and other vehicles that haul waste.
   WASTE PICK-UP POINT.  Any location used for the temporary storage or pick-up of waste that is being disposed of.
   WASTE STORAGE DEVICE.  Any receptacle used for the storage, compaction, or baling of waste until it is disposed of.
(Ord. 4678, passed 5-18-1981)
   WATER DEPARTMENT.  The Department of Waterworks.
(Ord. 4686, passed 6-15-1981)
   YARD WASTE.  See WASTE.
(Prior Code, § 94.01)