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   1363.01 DEFINITIONS.
   For the purposes of this chapter, the following terms, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future; words used in the plural number include the singular number; and words used in the singular number include the plural number.
   (a)    "Garbage" means putrescible animal or vegetable waste resulting from the handling, preparation, cooking and consumption of foods.
   (b)    "Rubbish" means all nonputrescible, combustible and noncombustible solid wastes including paper wrapping, cardboard, metallic and plastic containers, yard clippings, leaves, wood, glass, building materials, market and industrial wastes, tree stumps, tree limbs and logs, bedding, appliances, toys, abandoned automobiles.
   (c)    "Refuse" means all putrescible and nonputrescible, combustible and noncombustible solid wastes other than garbage and rubbish.
   (d)    Except as otherwise provided in Section 1363.02 hereof, "fill" means the use of garbage, rubbish, refuse, soil, dirt or any combination of the foregoing which are placed upon any public or private land within the Municipality.
   Top soil, fertilizers and soil conditioners used for gardening do not constitute garbage, refuse, rubbish, litter or other waste material within the meaning of this chapter, provided such use does not become a nuisance or menace to the public health.
(Ord. 73-19. Passed 3-29-73.)
   1363.02 DUMPING, DEPOSITING, STORAGE OF GARBAGE, RUBBISH, REFUSE PROHIBITED.
   No person, firm or corporation shall dump, deposit or store, or permit to be dumped, deposited or stored, any garbage, refuse, rubbish, litter, mud, gravel, etc., or other waste material of any kind on any public or private property. The placing of garbage, rubbish, refuse, litter, or other waste material in covered receptacles specifically designed for that purpose shall not constitute the deposit of garbage, refuse, rubbish, litter or other waste material on public or private property, provided the receptacles are regularly emptied and maintained, are stored out of site from any and all public streets and roadways, and do not become a nuisance or menace to the public health.
(Ord. 2011-32. Passed 10-17-11.)
   1363.03 LANDFILL: APPLICATION; SPECIFIED MATERIALS; REGULATIONS.
   Land filling is not permitted unless specifically authorized as set forth in this section:
   (a)    An owner may file with the Planning and Zoning Commission an application for land filling, setting forth the proposed land fill conditions, which must include the purpose, area to be filled, time required and all other pertinent facts which are the basis for the request.
   (b)    The request must specify the land fill material to be used, and such material only shall be noncombustible, nonputrescible, nonmetallic, nonsynthetic fill material consisting of loose soil, concrete, asphalt, paving materials, stone, concrete blocks and similar solid or inert material.
   (c)    After consideration, the Planning and Zoning Commission shall recommend a grant or denial of any application or recommend a grant of the application and specify safeguards for the community, including, but not limited to, the length of time for such land fill, the hours and days that the land filling should be permitted, the fencing or other security efforts to be taken and other conditions which may be necessary in view of the nature of the individual request.
   (d)    The Planning and Zoning Commission shall recommend either a grant or denial of the application within 120 days after its filing, and the Commission shall forthwith file with the Clerk of Council a written report of its decision and suggested safeguards, if any.
   (e)    Within sixty days after the filing of such report by the Planning and Zoning Commission, Council shall either grant or deny the application and may condition any grant upon safeguards for the community, including, but not limited to, those suggested by the Planning and Zoning Commission.
   (f)    In the event the Planning and Zoning Commission shall have recommended denial of the request, an affirmative vote of five Councilmen is necessary to grant such application. If the Planning and Zoning Commission has recommended a grant of the application or grant the application with certain safeguards, the affirmative vote of four Councilmen is necessary to grant such application.
   (g)    Upon any such application, the Building Commissioner shall issue a special permit setting forth safeguards approved by Council.
      (Ord. 73-19. passed 3-29-73.)
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