For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   “BULK WASTE.” Solid waste that consists of household refuse such as appliances, other white goods, furniture, or other items too large to be collected as part of regularly scheduled solid waste collections.
   “CITY CLERK.” The City Clerk of the City of Lake Mary.
   “CITY MANAGER.” The City Manager of the City of Lake Mary.
   “COLLECTION SERVICES.” The provision of utility service to remove solid waste, recyclables, yard trash, construction debris and bulk waste, as specified in Code and by the franchise agreement, for transport to a licensed and certified facility for processing or disposal as designated by the franchise agreement.
   “COMMERCIAL RECYCLING NON- EXCLUSIVE PERMIT.” A permit issued for the removal of commercial recycling materials as provided in § 91.42 .
   “COMMISSION.” The City Commission of the City of Lake Mary.
   “CONSTRUCTION AND DEMOLITION DEBRIS (C&D).” Discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site.
   “CONTAINER.” Garbage or recycling cart, dumpster, compactor, roll-off container, or any container approved by the city intended for collection of solid waste, recyclables, yard trash, or other materials as specified by the franchise agreement. “CONTAINERS” must be watertight and designed or intended to be used for automated or semi-automated collection.
   “CUSTOMER, COMMERCIAL OR RESIDENTIAL.” The owner, occupant, tenant, or other person having control of the improved real property. Schools, apartments, condominium apartments, and mobile home parks receiving commercial-type collection shall be considered commercial.
   “FRANCHISE AGREEMENT.” The contractual agreement between the city and the authorized collector containing, but not limited to, a description of the service area; name of the person to perform commercial and residential collection services in the service area; the term of the agreement; the consideration to be paid for such agreement, if any, and the method of payment; the service to be furnished; performance bond and the conditions thereof; insurance provisions; responsibilities and obligations of the parties thereto; and such reasonable rules and regulations governing performance as are deemed necessary to implement the provisions of this subchapter.
   “FRANCHISE COLLECTOR.” The company which has executed a franchise agreement with the city and which is required to perform collection services under the provisions of the franchise agreement.
   “FRANCHISE FEE (SERVICE RATES).” The amount of money the franchise collector shall be obligated to pay the city for a franchise agreement as defined in this Code and the franchise agreement. Also, the difference between the amount charged by the franchise collector and billed to the customer of the city.
   “GARBAGE.” Every refuse accumulation of animal, fruit, or vegetable matter that attends the preparation, use, cooking and dealing in, or storage of edibles, and any other matter of any nature whatsoever, which is subject to decay, putrefaction, and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects, or any container of the material defined herein, but excludes animal carcasses.
   “HAZARDOUS WASTE.” Solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. The term does not include human remains that are disposed of by persons licensed under F.S. Ch. 497.
   “IMPROVED REAL PROPERTY.” All residential, commercial, or other property that generates, or is capable of generating, solid waste.
   “INDUSTRIAL WASTES.” The waste products of canneries, fisheries, slaughterhouses, or packing plants, condemned food products, agricultural waste products, waste and debris from brick, concrete block, roofing shingles, or tile plates, debris and wastes accumulated from land clearing, excavating, building, rebuilding, and the altering of buildings, structures, roads, streets, sidewalks, or parkways, and other solid waste products generated from industrial processing or manufacturing.
   “JUNK.” Any tangible item such as furniture, appliances, bicycles, or smaller property not having a useful purpose to the owner or abandoned by the owner and not included within the definitions of garbage, yard trash, industrial wastes, or rubbish.
   “OWNER.” The person designated on the real property tax roll maintained by the property appraiser for each parcel of improved real property.
   “RECYCLABLE MATERIALS (RECYCLABLES).” Those materials that are capable of being recycled and that would otherwise be processed or disposed of as solid waste.
   “RESIDENCE” or “RESIDENTIAL.” Single-family dwellings, duplexes and triplexes, mobile homes, and all other living units not coming within the definitions set out herein, where each such structure is located on a separate lot or parcel of land. Each living unit shall be deemed a separate “RESIDENCE.
   “RESIDENTIAL COLLECTION SERVICE.” The provision of collection services to residential improved real property.
   “SERVICE CHARGE.” The monthly fee or payment due the city by the customer for the provision of collection services to commercial or residential customers.
   “SOLID WASTE.” Garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Recyclable materials and hazardous waste are not “SOLID WASTE.” For the purposes of this agreement, sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility are not included.
   “SOURCE SEPARATED.” Recyclable materials that are separated from solid waste at the location where the recyclable materials and solid waste are generated.
   “SPECIAL SERVICE.” Any collection or disposal service for which a special charge is applied. “SPECIAL SERVICES” include, but are not limited to, on-call services for residential yard trash or bulk waste not meeting specifications as required by the franchise agreement.
   “YARD TRASH.” Vegetative matter resulting from landscaping maintenance and land clearing operations and includes associated rocks and soils.
(Ord. 236, passed 10-3-85; Am. Ord. 459, passed 9-7-89; Am. Ord. 1312, passed 2-5-09; Am. Ord. 1523, passed 2-26-15; Am. Ord. 1607, passed 2-21-19)