§ 51.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   COMMERCIAL BUSINESS. Hotels, motels, restaurants, bars, grocery and convenience stores, shops, gas stations, multi-family dwellings, mobile home parks having a common place for disposal of solid waste by all inhabitants of said park, and any other type of business commonly considered to be a COMMERCIAL BUSINESS.
   COMMERCIAL WASTE. Any solid waste ordinarily accumulated in the usual operation of a commercial business and which is not substantially greater than normal.
   DAMAGE. Any person who obtains utility service from the town by circumventing or tampering with the town utility metering devise or apparatus, or by any other means damages any facility, lines, fire hydrant or interferes with the intended manner of providing utility service shall be in violation of this chapter.
   DIVERT. Bypassing the water cutoff valve by any means, or by connecting more than one habitation to the water system by any means, or by sharing the same connection valve assigned to one habitation.
   FAMILY. An individual or individuals living together in a single unit dwelling.
   FRANCHISEE. Any person to whom the town grants a franchise of contract for the collection, conveyance and disposal of solid or heavy waste whereby the franchisee contracts with his or her customers for the collection of solid or heavy waste.
   HABITATION. Any structure, building, mobile home, manufactured home, travel trailer, motor home or any other enclosure capable of being used as living quarters.
   HEAVY WASTE. Bulky or heavy materials, including, but not limited to, bricks, broken concrete, rocks, construction materials, roofing materials, trees or brush trimmed or cut by a commercial tree trimmer, refrigerators, freezers, washers, dryers, stoves and ovens, mattresses, and other items of furniture. For purposes of this chapter, HEAVY WASTE shall also include dead animals or fowl, manure and waste oils from garages and filling stations.
   HOUSEHOLD WASTE. Any solid waste ordinarily accumulated by a family in the usual operation of a residence and which is not substantially greater than normal.
   INDEPENDENT CONTRACTOR. Any person with whom the town has contracted for the collection, conveyance and disposal of solid waste within the town, collecting the fees from such services from its inhabitants and paying the contractor for such services.
   MAYOR. The Mayor of the Town of Holiday Lakes, Texas.
   OWNER. The person or persons having legal title to any property within the town.
   PERSON. Any individual, association, corporation, partnership or other legal entity, and includes, but is not limited to, the owner of the legal or equitable title of real property as well as any lessee, tenant or occupant of any real property.
   SECRETARY. The Secretary of the Town of Holiday Lakes, Texas.
   SOLID WASTE. Any garbage, trash, refuse, sludge or any other discarded material, including solid, liquid, semisolid or containing gaseous material resulting from industrial, municipal, commercial, mining, residential and agricultural operations, and from community and institutional activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued pursuant to Chapter 26, Water Code; soil, dirt, rock, sand and other natural or human-made inert solid materials used to fill land if the object of the fill is to make the land suitable for construction of surface improvements; or for waste materials which result from activities associated with exploration, development or production of oil or gas which are subject to control by the State Railroad Commission.
   THEFT OF SERVICE. A person commits theft of service if, with intent to avoid payment for service that he or she knows is provided only for compensation, and having control over the disposition of service of another to which he or she is not entitled, he or she intentionally or knowingly diverts the other’s service to his or her own benefit or to the benefit of another not entitled to them.
   TOWN. The Town of Holiday Lakes, Brazoria County, Texas.
   TOWN COUNCIL. The Town Council of the Town of Holiday Lakes, Texas.
   TOWN LIMITS. The corporate limits of the Town of Holiday Lakes, Texas, as they now exist and those areas annexed to said town in the future.
   UNUSUAL ACCUMULATIONS. For household waste, accumulation of more than nine plastic bags or trash cans of permissible solid waste, and limbs or cuttings that exceed approximately one cubic yard. For commercial waste, any accumulation not ordinarily encountered in the usual operation of a business, or accumulation substantially greater than normal.
(Ord. 96-02, passed 4-1-1996)