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As used in this title the following terms shall have the meanings designated:
APARTMENT HOUSE: A building comprising three (3) or more suites designed for separate housekeeping tenements.
AUTOMATED CART: Refuse containers meeting certain design specifications required as part of the automated system employed by the city in delivering refuse collection services.
AUTOMATED SYSTEM: A refuse collection system using machinery capable of lifting and dumping refuse containers by remote mechanical means without the operator handling either the refuse or the containers.
BULKY WASTE: Large items of solid waste, including, but not limited to, appliances, furniture, motor vehicles, tires, branches and stumps.
CINDERS: The residue of materials burned in boilers, furnaces and heating plants of public buildings, places of business, apartment houses, hotels and manufacturing plants.
COMMUNITY WASTE: Lawn cuttings, clippings from bushes and shrubs, leaves, sweepings from yards, tin cans, newspapers, magazines and cardboard cartons (but not bulky waste or construction and demolition waste).
CONSTRUCTION AND DEMOLITION WASTE: Waste building materials and rubble resulting from construction, remodeling, repair or demolition operations on houses, commercial or industrial buildings, accessory structures such as garages or storage facilities, roofs, fences, sidewalks, driveways, walkways, other structures or pavements.
COUNTY HEALTH DEPARTMENT: The Weber-Morgan district health department or its successor.
CUSTOMER: The person or persons paying for and receiving refuse collection service provided by the city.
GARBAGE: The animal and vegetable waste and other food refuse resulting from handling, preparing, cooking or consumption of food.
GROUP DWELLING: A residential development which has more than one residential building on a lot and which is planned as a single complex.
HAZARDOUS WASTE: Any solid or hazardous waste designated as such by the U.S. environmental protection agency or a combination of solid waste that, because of its quantity, concentration, physical, chemical or infectious characteristics may:
A. Cause or significantly contribute to an increase in mortality or an increase in serious illness in humans; or
B. Pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, disposed of or otherwise managed.
HEALTH OFFICIAL: "Health official" means the director of the Weber-Morgan County health department or the director's duly authorized agent.
INOPERABLE VEHICLE: Any motor vehicle, trailer or semitrailer that cannot be operated in its existing condition because the parts necessary for operation, such as, but not limited to, tires, windshield, engine, drive train, driver's seat, steering wheel or column, gas or brake pedals are removed, destroyed, damaged, deteriorated or nonfunctioning; or any motor vehicle which is not currently registered and licensed in this state or another state.
JUNK OR SALVAGE MATERIAL: Articles that are used, secondhand, worn out, obsolete, defective, destroyed or discarded and which may be reused or resold in their original form or which may have outlived their usefulness in their original form and are commonly gathered up and sold to be converted into another product either of the same or a different kind by some manufacturing or recycling process, or which may be salvaged by separating, collecting or retrieving reusable materials or parts therefrom. Junk or salvage material includes, but is not limited to, inoperable vehicles, auto parts or parts from other types of vehicles, tires, machinery or parts thereof, building materials, scrap metal or other scrap material, and recyclable materials.
LITTER: Any quantity of uncontainerized paper, metal, plastic, glass or miscellaneous solid waste which may be classified as trash, debris, rubbish, refuse, garbage, or solid waste material.
MARKET WASTE: Condemned or decayed or unsound vegetables, meat, fish and fruit, and all waste and offal thereof from markets, stores and factories, and all vegetable waste and refuse from such markets, stores and factories.
MULTIPLE-DWELLING UNITS: An apartment house, a building arranged or designed to be occupied by three (3) or more families, or a group dwelling, except for purposes of this title a group dwelling shall not be considered to be multiple-dwelling units if no more than two (2) dwelling units are located on the site.
NUISANCE: Whatever is dangerous to human life or health and whatever renders soil, air, water or food impure, unwholesome or offensive is declared to be "nuisance".
OPERATIONS DIVISION OR DIVISION: The operations division of the Ogden City public works department.
ORNAMENTAL GRASSES: Any of the following grasses: yellow foxtail (Alopecurus pratensis), blue or western wheatgrass (Agropyron smithii or Pascopyrum smithii), big bluestern (Andropogon gerardii), bulbous oatgrass (Arrhenatherum elatius), sideoats grama (Bouteloua curtipendula), blue grama (Bourelova gracilis or Chrondrosum gracile), rattlesnake or quaking grass (Briza media), feather reed grass (Calamagrostis acutiflora or C. arundinacea), northern sea oats (Chasmanthium latifolium), pampas grass (Cortaderia selloama), lemon grass (Cymbopogon citratus), tufted hair grass (Deschampsia caespitosa), blue lyme grass (Elymus arenarius), sand love grass (Eragrotis trichodes), ravenna or plume grass (Erianthus ravennae or Saccharum ravennae), blue fescue (Festuca cinerea, F. ovina or F. glauca), variegated mannagrass (Glyceria maxima variegata), blue oatgrass (Helictotrichon sempervirens), velvet grass (Holcus lanatus), Japanese blood grass (Imperata cylindrica), junegrass (Koeleria cristata, K. gracilis or K. macrantha), woodrush (Leymus spp. or Luzula spp.), hairy melic grass (Melica ciliata), giant Chinese silvergrass (Miscanthus floridulus or M. giganeus), Japanese silvergrass (Miscanthus oligostachys), silver banner grass (Miscanthus sacchariflorus), maiden grass or silvergrass (Miscanthus sinensis), moor grass (Molina caerulea), muhly grass (Muhlenbergia spp.), Indian ricegrass (Oryzopis hymedoides or Achnatherum hymenoides), switchgrass (Panicum virgatum), feathergrass (Pennisetum alopecuroides), tender fountain grass (Pennisetum setaceum), feather top (Pennisetum villosum), ruby grass (Rychelytrum neriglume), little bluestem (Schizachyrium scoparium or Andropogon scoparius), autumn moorgrass (Sesleria antumnalis), Indian grass (Sorghastrum nutans or S. avenaceum), cord grass (Spartina spp.), frost or graybeard grass (Spodiopogon spp.), prairie dropseed (Sporobolus heterolepis) and any other species of grass approved by the city manager that is customarily used for ornamental purposes and not as a turf grass.
OWNER: Any person who alone, jointly or severally with others:
A. Has legal title to any premises, dwelling or dwelling unit as legal or equitable owner, agent of the owner, lessee; or
B. Is an executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner.
PLACE OF BUSINESS: Any place in the city in which there is conducted or carried on principally or exclusively any pursuit or occupation by any person or persons for the purpose of gaining a livelihood.
PUBLIC BUILDINGS AND PLACES: Office buildings, theaters, garages, auto camps, hotels, clubs, schools, hospitals, or other places of similar character.
RECYCLABLE: Waste material that may be collected, separated, cleansed, treated or reconstituted and returned to the economic stream in the form of raw materials or products, and which is approved for collection as a recyclable by the director of the public works department.
RECYCLE, RECYCLING: The process of collecting, separating, cleansing, treating, and reconstituting post consumer materials that would otherwise become solid waste and returning them to the economic stream in the form of raw material for reconstituted products.
RESIDENCES: Buildings or dwellings comprising not more than two (2) dwelling units designed for separate housekeeping tenements, and where no business of any kind is conducted except such home occupations as are defined in the zoning title of the city.
SOLID WASTE: Garbage, refuse, trash, rubbish, community waste, trade waste, hazardous waste, industrial waste, market waste, construction and demolition waste, dead animals, sludge, liquid or semiliquid waste; other spent, useless, worthless or discarded materials or materials stored or accumulated for the purpose of discarding; materials that have served their original purpose; or waste material resulting from industrial, manufacturing, mining, commercial, agricultural, residential, institutional, recreational or community activities.
It does not include solid or dissolved materials in domestic sewage or in irrigation return flows, or discharges from which a permit is required under Utah Code Annotated title 26, chapter 11, as amended, or its successor, or under the federal water pollution control act, 33 USC section 1251 et seq., or successor sections.
It is not intended to include recyclables as long as such materials are being properly contained, collected, disposed, or reused.
STOVE ASHES: The residue of material burned in fireplaces, stoves and furnaces in private residences, but not the residue from furnaces in apartment houses, hotels, business houses, heating or manufacturing plants.
TRADE WASTE: All discarded wooden boxes, barrels, broken lumber, cardboard boxes, cartons, waste paper, leather, rubber, excelsior cuttings, sweepings, rags and other inflammable waste materials, and all discarded trade or manufacturing refuse from stores, factories or other places of business which are not included within the definition of garbage, stove ashes and market waste.
WEEDS: Vegetation growing upon any real property within the city which will attain such a growth as to become a fire hazard when dry, or which is otherwise noxious, a nuisance or dangerous, as determined by the fire department or county health department. Weeds shall also include, but shall not necessarily be limited to, the following:
A. Dry grasses, stubble, brush, tumbleweeds and clippings which endanger the public health and safety by creating a fire hazard, insect or rodent harborage, or any other nuisance;
B. Poison ivy, when the public health and safety in residential or other developed and populated areas are affected;
C. Those plants named in the Utah noxious weed act, Utah Code Annotated title 4, chapter 5, and its subsequent regulations and successor sections.
(1979 Code § 8.02.010; Ord. 97-91, 12-16-1997; amd. Ord. 2002-30, 5-7-2002; Ord. 2002-73, 12-17-2002)