For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BACKYARD COLLECTION. A method of residential collection in which the resident leaves his or her containers at the Enterprise approved site on his or her property, usually in the backyard.
BUILDING MATERIAL. Solid waste which results from the collection, remodeling, repair and demolition of structures. Such waste includes, but is not limited to bricks, concrete and other masonry materials, wood, wall coverings, plaster, drywall, plumbing fixtures, paper products, metals, furniture, insulation, roofing, glass, plastics that are not sealed in a manner that conceals other waste, electric wiring, and components (containing no liquids or hazardous metals) that are incidental to any of the above and other inert waste. This definition shall not include garbage, electrical fixtures containing hazardous liquids, hazardous material spill residues, hazardous waste, whole tires, drums, liquids, fuel tanks or any other waste which the Hopkinsville Landfill is not permitted to accept for disposal by any local, state or federal authority.
CITY. The City of Hopkinsville or the city’s authorized agent.
COMMERCIAL REFUSE. Any accumulation of dust, paper and cardboard, excelsior, rags or accumulations of other than garbage or trash, which are usually attendant to the operation of stores, offices and similar businesses.
CONTAINER. A garbage, commercial refuse and trash receptacle issued by the Enterprise or compatible with existing Enterprise garbage collection equipment and approved by the General Manager.
COUNCIL. The City Council of the City of Hopkinsville.
CURBSIDE COLLECTION. A method of residential collection in which the resident transports the garbage container to the curb of the street in front of his or her residence.
DEPARTMENT. DEPARTMENT may refer to “Enterprise” as defined below.
GARBAGE. Any discarded material or anything thrown away or rejected as worthless or useless. It shall include all unclean material that is discarded and constitutes a potential menace to the public health and welfare or obstructs any public thoroughfares and the by-product of animal or vegetable foodstuffs resulting from the handling, preparation, cooking and consumption of food, or other matter which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors, or which during or after decay, may serve as breeding or feeding material for flies, insects or animals. GARBAGE shall not include any liquid waste, sewage, body waste, unrecognizable industrial byproducts or any designated or undesignated hazardous waste or demolition material.
GENERAL MANAGER. The General Manager of the Enterprise.
HAZARDOUS AND TOXIC REFUSE. Materials such as paint, petroleum products, poison, acids, caustics, chemicals, infected materials, offal, fecal matter and explosives.
IMPROVED PROPERTY. Any property that is actively being utilized in a residential, commercial, industrial or recreational form bordered on two sides by improved property or a public thoroughfare.
INDUSTRIAL WASTE. All waste, including solids, semi-solids, sludges and liquids, created by factories, processing plants or other manufacturing enterprise.
JUNK. Any item, including, but not limited to, deteriorated furniture, appliances, machinery, equipment, building material, vehicle parts, tires or other items which are either in a wholly or partially rusted, wrecked, junked, dismantled or inoperative condition. JUNK shall include wrecked automobiles, scrap iron and other metals, paper rags, bottles and other debris. This shall not include working inventory.
LITTER. Garbage, commercial refuse, trash, building material, junk, industrial waste, hazardous and toxic refuse.
NEGLECTED PROPERTIES. Parcels of land which have received two notices of violations and/or citations per calendar year in consecutive years which have not paid corresponding fines and abatement fees.
NUISANCE. Anything that, because of its condition is unsafe, unsanitary, especially liable to fire loss, unfit or unsafe for human habitation, occupancy or use, a haven for insects, rodents or vermin, or is dangerous or injurious to the health or safety of the occupants, neighboring occupants or any other individuals.
OVERGROWTH VEGETATION. All vegetation, except grass, agricultural crops and trees with a diameter larger than one and one-half inches.
OWNER. Any person or entity that possesses any interest in real estate or any occupant of real estate in the city.
PROPERTY. Property owned by any person or entity, including, but not limited to, land, yards, grounds, driveways, entrances or passageways, parking areas, storage areas, bodies of water, sidewalks, grass strips and one-half of alleys, together with all structures and improvements.
RESPONSIBLE PERSON. Any natural person, owner, agent, corporation, partnership, association, firm, receiver, guardian, trustee, executor, administrator, fiduciary, occupant or representative or group of individuals or entities of any kind who own or are responsible for a building, dwelling, or premise. Also, for the purpose of this section, it shall mean the driver of the vehicle in violation or
his or her employer or the owner of the vehicle or the prime contractor for the construction site. This shall also include the driver of any private vehicle.
TEMPORARY. Not permanent, existing or continuing for a limited time not to exceed 12 consecutive calendar months.
TEMPORARY COLLECTION SERVICE. The collection of building materials by a person, firm, or legal entity pursuant to an Enterprise permit lawfully issued in accordance with this chapter, for a limited period of time.
TEMPORARY COLLECTION SERVICE PERMITS. The written evidence of permission issued by the Enterprise, acting by and through it General Manager, authorizing a person, firm or legal entity to engage in providing temporary collection service within the city’s corporate limits.
TEMPORARY SERVICE REPORT. The written itemization and accounting provided monthly, on or before the fifth day of each calendar month, from a temporary collection service permittee to the Enterprise, acting by and through it General Manager. Said report shall include the name and address of each customer utilizing temporary collection services, the address and location of each relevant job site receiving temporary collection services, the number of tons of building material collected in the preceding month and the site of disposal of all collected building materials.
TRASH. Accumulation of lawn, grass, trees or shrubbery cuttings, bushes and leaf rakings, which should be free of dirt, rocks, trees or large branches and bulky or noncombustible material.
UNIMPROVED PROPERTY. Any property that is not being utilized for development and is not bordered on two sides by improved property or public thoroughfare.
(Ord. 25-98, passed 12-29-1998; Am. Ord. 01-2012, passed 2-21-2012; Am. Ord. 06-2012, passed 8-7-2012)