For the purpose of this article, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
AGENT. The person who manages, or has custody of, a business building, or the person to whom rent thereon, if any, is paid.
APARTMENT or APARTMENT HOUSE or TENEMENT HOUSE. Every house, building, or portion thereof which is rented, leased, let, or hired out to be occupied, or is occupied, as the house, home, or residence of more than two families, living independently of each other and doing their cooking on the premises, or by more than one family upon a floor, so living and cooking, but having no common right in the halls, stairways, yards, water closets, or privies.
ASHES. The residue from the burning of wood, coal, coke, or other combustible material. ASHES shall not include cremated human remains.
ATTACHED BUSINESS UNIT. A structure of two, or more, business offices constructed as one unit, such as a dental office, medical office, insurance office, or any other business in which the major activity is providing a service, or is clerical in nature and does not in itself produce a product.
BRUSHWOOD. Large, heavy yard trimmings resulting from heavy pruning or shrub removal, with maximum six-inch diameter at large end.
BUILDING MATERIAL. Lumber, brick, stone, dirt, carpet, plumbing materials, plaster, concrete, floor coverings, roofing material, gutters, and other materials, or substances, accumulated as a result of new construction, repairs, remodeling, or additions to existing structures or accessory structures, or demolition of such.
BULK CONTAINER. A commercially made metal container designed to store, and hold, rubbish and solid waste until the same can be collected for disposal, generally having a capacity of not less than four cubic yards, nor more than eight cubic yards, and capable of being serviced, and emptied, by automated machinery.
BULK SERVICE. A customer that stores, and disposes of, rubbish and solid waste in a bulk container.
BUSINESS BUILDING. Any structure, whether public or private, in the town that is adapted for occupancy for transaction of business, for rendering of professional service, for amusement, for the display, sale, or storage of goods, wares, or merchandise, or for the performance of work or labor, including, but not being limited to, hotels, office buildings, public buildings, stores, theaters, markets, restaurants, grain elevators, abattoirs, warehouses, workshops, factories in business areas, and all outhouses, sheds, barns, and other structures on premises used for business purposes.
COLLECTION. The act of removing solid waste from a point of generation to an approved disposal site.
COLLECTION ON PRIVATE PROPERTY. The act of removing solid waste from private developments for an additional fee from a point of generation to an approved disposal site. COLLECTION shall be made at a mutually established location approved by the property manager and the Town Manager, or appointed designee for automated collection.
COMMERCIAL ESTABLISHMENT. Any structure or location, whether public or private, that is adapted for occupancy for the transaction of business, for the rendering of professional services, for amusement, for the display, sale, or storage of goods, wares, or merchandise, or for the performance of work or labor, including hotel rooms, rooming houses, office buildings, public buildings, stores, theaters, markets, restaurants, grain elevators, abattoirs, warehouses, workshops, factories, and all other houses, sheds, barns, and other structures on premises used for business purposes. COMMERCIAL ESTABLISHMENT shall also include churches, houses of worship, or other religious, or eleemosynary, institutions, regardless of size.
CONDOMINIUM. Real estate, portions of which are designated for separate ownership, and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a CONDOMINIUM unless the undivided interests in the common elements are vested in the unit owners.
CONSTRUCTION AND DEMOLITION WASTE. Solid waste incident to maintenance, remodeling, or new construction, including, but not limited to, mineral matter, wood, sheetrock, shingles, and metal, but specifically excluding any substance which is contaminated by asbestos, lead based paint, or any other substance, the disposal of which is regulated as a toxic or hazardous material.
DISABLED PERSON. Any person who, by reason of infirmity, or other physical or mental impairment, is incapable of complying with the provisions of this article as it relates to the placement of refuse containers curbside. Included in the definition are children 12 years of age and under.
FAMILY LIVING UNIT. Single-family residences, single mobile homes, single-family living units in duplexes, apartments, and other multi-family dwellings, but shall not include hotels or motels.
FEE. The charge by the town associated with a good, or service, provided to, or for, the benefit of a customer.
GARBAGE. All putrescible wastes except sewage and body wastes, including all meat, vegetables, and fruit refuse commonly resulting from the handling, preparation, cooking and consumption of food, from, or on, any premises within the town limits.
GRAFFITI.
(1) Writings, drawings, inscriptions, figures, or marks of paint, ink, chalk, dye, or other similar substances on public, or private, buildings, sidewalks, streets, structures, or places which such marking are not authorized, or permitted, by the property owner or possessor. For the purpose of this article,
GRAFFITI shall include drawings, writings, markings, or inscriptions regardless of the content, or the nature, of the materials used in the act.
(2) Nothing in this article shall be construed to prevent temporary, easily removable chalk, or other water soluble markings, on public, or private, sidewalks, streets, or other paved surfaces which are used in connection with typical children’s activities, such as drawings, or bases for stick ball, kickball, handball, hopscotch, or other similar activities. Nothing in this article shall be construed to prohibit temporary, easily removable chalk, or other water soluble markings, used in connections with any lawful business or public purpose, or activity.
HAZARDOUS HOUSEHOLD WASTE. Any of the following materials existing in a home because of their use in that home: pesticides; herbicides; petroleum products (epoxy resins, coal tar, polishes, thinners, mineral spirits, varnish, grease, and caulking materials); solvents; acids (muriatic, hydrochloric, sulfuric, and phosphoric); poisons (arsenic, lead, chrome, and warfarin compounds); alkaline material (photo developers, sodium hydroxide, and bleaches); oil based paints and stains, but not latex paints; batteries of all kinds, for cars, flashlights, smoke detectors, hearing aids, toys, watches, and similar batteries; antifreeze; and used motor oil.
HAZARDOUS MATERIAL OR HAZARDOUS WASTE. The following is an explanation of hazardous waste as published in the State Hazardous Waste Management Law adopted for the Federal Environmental Protection Agency (EPA), being G.S. §§ 130A-290 et seq. For the purposes of this article, the definition HAZARDOUS WASTE has been condensed. The terms defined are not inclusive of all items specified by the EPA regulations.
(1) HAZARDOUS WASTE is defined as potentially dangerous byproducts of our highly industrialized society which cannot be handled, treated, or disposed of without special precautions.
(2) It includes ignitable, corrosive, reactive, and toxic waste such as acetone, gasoline, and industrial alcohol, alkaline cleaners, acids, cyanide and chlorine, arsenic, pesticide wastes, paint, caustics, infected material, offal, fecal matter (human and animal), and explosives.
HEALTH OFFICIAL. The Chief Health Official of the County Health Department, or any health department including county, or any person whom he or she has authorized to perform any of the powers, or duties, conferred upon him or her by this article.
HOTELS AND MOTELS. Places of business whose primary business, and the one in which they are normally and customarily engaged in, supplying temporary living quarters with limited family living facilities for short periods of time.
HOUSEHOLD SHARP MEDICAL WASTE. Any type of product capable of puncturing, or lacerating, the skin that is designed, or used, to treat, diagnose, or prevent a disease or medical condition, including, but not limited to, scalpels and hypodermic needles.
INDUSTRIAL AND COMMERCIAL WASTE. Wastes, including solids, semisolids, sludge, and liquids generated by an industry, commercial establishment, or other manufacturing enterprise that is not classified as a hazardous waste, or requires special handling such as oils, acids, and the like.
INFECTIOUS WASTE. A solid waste capable of producing an infectious disease. Examples of waste designated as INFECTIOUS are: micro-biological waste; pathological waste; blood products; improperly packaged sharps; and all other waste as defined in the medical waste management regulation under 15A N.C.A.C. 13B.1201 in the State Solid Waste Management Rules.
LIQUID WASTE. Any waste material that is determined to contain free liquid as defined in method 9095, Paint Filter Liquid Test, as described in Test Methods for Evaluating Solid Waste, Physical/Chemical Method, as published in the Environmental Protection Agency Publication, No. SW-846, or any successor or equivalent publication.
LITTER. Any discarded human-made materials including, but not limited to, solid waste materials, industrial materials, household trash, business trash, building materials, scrap materials, and hazardous waste, as such terms are defined in this article, and not properly containerized, or prepared, for collection and disposal.
MULTI-FAMILY RESIDENTIAL UNIT. Two, or more, single-family dwellings constructed as one unit, such as apartment houses, motels, mobile home parks, townhouses, patio houses, or condominiums. Duplexes/triplexes built on public streets are not considered MULTI-FAMILY RESIDENTIAL UNITS.
NUISANCE. Any condition, or use, of property, or any act, or omission, affecting the condition, or use, of property, which directly threatens the safety of citizens; adversely affects the general health, happiness, security, and welfare of others; or is detrimental to the rights of others to the full use of their own property and their own comfort and happiness, because of decreased property values and the unattractiveness, and livability, of neighborhoods. Further, the Town Council finds, and declares, that the following specific conditions are prejudicial to the general health, safety, and welfare of the town and its citizens; lessen the attractiveness and livability of the town; and, when located on any lot or parcel of land within the town limits, are a NUISANCE.
OCCUPANT. The individual, firm, partnership, or corporation that has the use of, controls, or occupies any business building, apartment house, or tenement house, or any portion thereof, whether owner or tenant. In the case of vacant business buildings, apartment houses, or tenement houses, or any vacant portion of a business building, apartment house, or tenement house, the owner, agent, or other person having custody of the building shall have the responsibilities of an OCCUPANT of a building.
OCCUPANT. The person who has the use of, or occupies, any business building, or any part thereof, or who has the use, or possession, actual or constructive, of the premises, whether the actual owner or tenant. In the case of vacant business buildings, or any vacant portion of a business building, or in case of occupancy in whole, or in part, by the owner and agent of the building, such owner or agent shall be deemed to be, and shall have the responsibility of, an OCCUPANT of such building.
OPEN PLACE. Constitutes any portion, or area, of a property not enclosed by walls; this shall include, but not be limited to, carports, patios, porches, decks, terraces, lean-tos, outbuildings, and the like, which are exposed to the exterior and/or public view, including, but not limited to, front, side, and/or rear yards. Tarps, plastic sheeting, canvas sheeting, unfinished building materials, or the like shall not constitute walls.
OPENING. Any opening in foundation, sides, or walls, ground or first floor, or basement, including chimneys, eaves, grills, windows, ventilators, walk grates, elevators, and any pipes, wires, or other installations through which a rat may enter.
OWNER. The person owning the business building or premises, or agent of the building or premises, or the person to whom rent is paid; whether an individual, firm, partnership, or corporation. In the case of business buildings leased, or rented, with a covenant in the lease, or other agreement under which the lessee is responsible for maintenance and repairs, the lessee shall also be considered in such cases as the OWNER for the purpose of this article.
PHYSICAL DISABILITY. A medical condition, verified by a registered physician, that makes an individual physically unable to bring the automated refuse/automated recycling container to the curbside for collection, and where there is no one else residing in the household capable of taking the containers to the curbside.
PREMISES. Business houses, boardinghouses, rooming houses, offices, theaters, hotels, tourist camps, apartments, restaurants, cafs, bars, eating houses, hospitals, schools, private residences, mobile home parks, vacant lots, and other places where garbage, trash, or rubbish accumulates.
PRIVATE STREET. A street not open to public use, on private property, and not maintained by any governmental agency.
PRIVATE PROPERTY. All of that property, as described and set out in an owner’s deed, including, but not limited to, yards, grounds, driveways, entrances or passageways, parking areas, storage areas, vacant land, and bodies of water, and including sidewalks, grass strips, one-half of alleys, curbs, or rights-of-way up to the edge of the pavement of any public street.
PUBLIC PROPERTY. All that property, except private property as herein defined, including, but not limited to, highways, streets, parks, recreation areas, sidewalks, grass strips, medians, curbs, or rights-of-way up to the edge of the pavement of any public street or body of water.
PUBLIC STREET. The entire width between property lines, whatever nature, when any part thereof is dedicated, or open, to the use of the public as a matter of right for the purpose of vehicular, or pedestrian, traffic.
QUALIFYING CUSTOMER. A single-family detached home, duplex, or condominium regardless of the size of complex, or an apartment, tenement house, or townhome which, when combined with all other units located on the premises, is comprised of not more than six family living units.
RAT ERADICATION. The removal, killing, destruction, and extermination of rats by systematic use of traps, or by poisons and by other methods.
RAT HARBORAGE. Any condition which provides shelter or protection for rats, thus favoring their multiplication and continued existence in, under, or outside of a structure of any kind, including, but not limited to, conditions on vacant lots, creeks, branches, ditches, rubbish heaps, junkyards, and any other places inside, or outside, of structures which afford shelter, or provide a place, or situation, favoring the breeding, multiplication, or continued existence of rats.
RAT STOPPAGE or RAT-PROOFING. A form of construction to prevent ingress of rats into business buildings from the exterior, or from one building to another; it consists essentially of the closing, with material impervious to rat gnawing, of all openings in the exterior walls, ground or first floors, basements, roofs, and foundations that may be reached by rats from the ground by climbing, or by burrowing.
REFUSE. All solid wastes, including garbage, rubbish, and trash.
ROLLOUT CONTAINER. A plastic or fiberglass container, having wheels for ease of movement and a lid which securely covers the bin designed to keep flies, and other vermin, from refuse, which is approximately 95 gallons in size, and designed for the automatic collection of refuse by town machinery.
RUBBISH or TRASH. Matter that is worthless or useless, or of no substantial, practical value, or matter that is of value only when it has decayed, or has been recycled. RUBBISH is solid waste, exclusive of garbage or ashes, including, but not limited to, leaves, pine needles, twigs, limbs, and other such parts of trees not useful as timber, and shall include the trunks and limbs of trees, even though useful for timber, when the same have been blown down or felled, either partially or totally, and which have become dried and flammable; tin or aluminum cans, bottles, papers, paper boxes or cartons, small light wood or crafting materials, rags, excelsior, rubber, leather, metals, wire or wire scraps, glass and crockery, but shall not include salvage automobiles, buses, or other items which, in the judgment of the town, is likely to cause damage to equipment of the town or injury to employees of the town, or is likely, because of the nature, size, or weight of the material, to handicap, or overburden, the automated equipment.
SHARPS CONTAINER. A container specifically manufactured for the disposal of sharp medical waste.
SINGLE BUSINESS UNIT. Any single, nonresidential unit that generates no more garbage per week than can be placed, or stored, in a maximum of one rollout container, with a total capacity of no more than 95 gallons, when accumulated between collections, such as a dental office, medical office, insurance office, or another business in which the major activity is providing a service, or is clerical in nature, and does not in itself produce a product.
SINGLE-FAMILY RESIDENTIAL UNIT. Any dwelling place occupied by one family, and not defined as a multi-family residential unit.
SOLID WASTE. Useless, unwanted, or discarded solid material with insufficient liquid content to be free flowing, including, by way of example and not by limitation, rubbish, garbage, commercial and industrial waste, scrap materials, junk, refuse, demolition and construction debris, and landscape refuse, but shall not include sludge from air or water pollution control facilities, septic tank sludge, or agricultural or unacceptable waste.
SOLID WASTE DISPOSAL FACILITY. Any land or structure, or combination of land area and structures, including dumps, landfills, and transfer stations used for storing, transferring, collecting, separating, processing, recycling, recovering, treating, salvaging, reducing, incinerating, or disposing of solid wastes.
STATIONARY BULK COMPACTOR. Any town approved container made of watertight construction that contains a packing mechanism and an internal, or external, power unit, and constructed so that the container can be emptied mechanically by means of automated equipment for the purpose of collection of solid waste.
TOWNHOME or TOWNHOUSE. An apartment, or other family living unit, which is capable of ownership separate, and apart, from other portions of the structure to which it is conjoined, or of which it may be a part, but of which there is no ownership interest in the common areas of the facility in the owner of the individual dwelling unit.
UNACCEPTABLE WASTE. Items which are not appropriate for disposal through this means, and includes, but is not limited to, sewage and its derivatives, special nuclear or by-product materials within the meaning of the Atomic Energy Act of 1954, being 42 U.S.C. §§ 2011 et seq., as amended, and hazardous waste.
UNIT. One single-family residence, or an individual apartment, motel room or suite, mobile home, townhouse, patio house, condominium, or cluster home in a multi-family residence, unless otherwise specified by the town.
WASTE. All useless, unwanted, or discarded materials resulting from industrial, commercial, agricultural, and residential activities.
WHITE GOODS. Large household appliances, regardless of actual color, including, but not limited to, refrigerators, stoves, washers, dryers, and the like.
YARD WASTE. Vegetative matter, and other materials generated while providing normal maintenance to the yard areas adjacent to a single-family residential unit without earth, soil, or other mineral matter attached thereto, including, but not limited to, leaves, grass, twigs, limbs, hedge trimmings, plant trimmings, and shrubs. This shall not include plastic or synthetic fibers, lumber, rocks, gravel, dirt, or tree or shrubbery remains, except as specifically authorized herein, or soil contaminated with hazardous waste.
(Ord. 22-2018, passed 12-3-2018)