For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The words
SHALL and WILL are mandatory and MAY is permissive. Words not defined shall be given their common and ordinary meaning.
CURBSIDE COLLECTION SITE. A space within two feet of the paved portion of Kill Devil Hills streets.
EFFECTIVE DATE. The date the franchise becomes effective in accordance with the franchise ordinance and the rules and procedures of the town.
ELIGIBLE DWELLING UNITS. All single-family, two-family and multiple-family dwelling units serviced by roll-off carts and presently being served by the town's residential solid waste collection service and all future such units which may be constructed in Kill Devil Hills.
FRANCHISE AGREEMENT. The document executed by the town and the grantee pursuant to the authority of the franchise ordinance.
FRANCHISE AREA.
(1) The geographic area for which a franchise is granted under the authority of this subchapter.
(2) If not otherwise specifically stated in the franchise ordinance, the
FRANCHISE AREA shall be the entire geographic area within the town as it is now, or may in the future, be constituted.
FRANCHISE ORDINANCE. The document which grants a franchise pursuant to this subchapter.
GRANTEE. A person who is granted a franchise or that person's lawful successors, transferees or assigns.
GRANTOR. The Town of Kill Devil Hills.
PARTICIPATING CUSTOMERS. All single-family, two-family and multi-family residential customers presently being served by Kill Devil Hills Public Services Department and Solid Waste Division who contract with grantee/franchisee for the subscription type voluntary curbside recycling program outlined in the franchise.
PERSON. Any corporation, partnership, proprietorship, individual, organization, company, governmental entity or any natural person.
REASONABLE NOTICE. Written notice addressed to the town or grantee at the location as the parties have designated in the franchise agreement as the address to which notice shall be transmitted to it, which notice shall be sent by certified mail and postmarked not less than seven business days prior to that date on which the party giving the notice shall commence any action which requires the giving of notice. In computing the seven days, holidays recognized by the town shall be excluded.
RECYCLABLE MATERIALS CART. A 90 to 98 gallon roll-out type container, including a lid and wheels, with a standard recycling logo, and be of a color approved by the Town of Kill Devil Hills.
RESIDENT. Any person residing in the town.
RIGHT-OF-WAY. Each of the following of which have been, are hereafter dedicated to the public and maintained by any public authority or by others and located within the town, including without limitation, the surface and space within, above and below any real property in which the town has an interest in law or equity, whether held in fee, or other estate or interest, or as trustee for the public, including, but not limited to, any public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway, swell, river, tunnel, viaduct, bridge, park, or any place, area, easements, rights-of-way in similar public property and areas, or real property owned by or under the control of the town.
SCHEDULE OF COLLECTION. A schedule for the collection of recyclables approved by the Town Administrator.
SUBSCRIBER. Any person who or which elects to subscribe to the curbside recycling service provided by a grantee.
TOWN. The Town of Kill Devil Hills, North Carolina as it is now, or may in the future be, constituted.
TOWN ADMINISTRATOR. A person designated by the Town Manager to represent the town in all business with the grantee.
(Ord. 08-14, passed 4-14-08)