For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASHES. The residue from burned material.
BAGS. Plastic sacks designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed thirty-five (35) pounds. Bags should be used for solid waste.
BIN. Metal receptacle (roll-off container, dumpster, compactor or the like) designed to be lifted and emptied for use primarily at selected municipal facilities and large commercial or industrial units.
BIOHAZARDOUS WASTE. Any solid waste or liquid waste which may present a threat of infection to humans. The term includes, but is not limited to, nonliquid human tissue and body parts; laboratory and veterinary waste which contain human disease-causing agents; used disposable sharps; human blood, and human body products and body fluids; and other materials which in the opinion of the Department of Health and Rehabilitative Services represent a significant risk of infection to persons outside the generating facility.
BULKY WASTE. Large discarded household items such as white goods, furniture, mattresses, residential move-out piles and other similar items and materials with weights or volumes greater than those allowed for bins or containers. Bulky waste shall not include any excluded waste, construction debris, large dead animals, hazardous waste or stable matter.
CART. City owned container available in sizes of thirty-five (35) gallon, sixty-four (64) gallon or ninety-five (95) gallon that is designed for the purpose of curbside collection of solid waste or recyclable materials, constructed of plastic having a tightly fitted lid and compatible with the standard American semi-automated bar-locking lifters and fully-automated arm lifters.
CITY REPRESENTATIVE. The employee or employees designated by the City Manager to represent the city in the administration and supervision of this chapter.
COLLECTABLE. Waste material not specified or specifically excluded from collection pursuant to this chapter.
COLLECTION POINT. The location where refuse is placed for pickup and haulage by the contractor.
COMMERCIAL UNITS. Identified as, but not limited to all businesses, office buildings, stores, filling stations, motels, laundries, hotels, public buildings, food service, lodging establishments, service establishments, light industry, heavy industry, schools, churches, clubs, hospitals, nursing homes and multi-family units.
COMMERCIAL TRASH. Any and all accumulations of paper, rags, excelsior, wooden, paper or cardboard boxes or containers, sweepings, furniture, appliances, and other accumulations not included under the definition of refuse, generated by the operation of stores, offices, public buildings and other business places. Commercial trash shall also include all trash placed in public receptacles in public places for collection as provided by this chapter.
COMPOST PILE. A contained decomposing pile, consisting of grass clippings, tree and shrub trimmings, and other vegetative matter.
CONSTRUCTION AND DEMOLITION SITES. A property, public or private, where a new structure is being erected, an existing structure demolished or moved, or where renovation or repair of an existing structure is taking place.
CONSTRUCTION DEBRIS. 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 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.
CONTAINERS.
(1) PORTABLE PACKING UNIT. A metal container not exceeding forty-five hundred (4,500) pounds gross weight with four (4) to six (6) cubic yards capacity with self-packing mechanisms.
(2) CONTAINER.
(a) CART shall mean a container of thirty-five (35) gallon, sixty-four (64) gallon or ninety-five (95) gallon capacity and shall be of impervious material, provided with a tight-fitting cover suitable to protect the contents from flies, insects, rats and other animals, fitted in such manner that it may be lifted by any mechanical means and which shall not have any inside structures such as inside bands or reinforcing angles or anything within that would prevent the free discharge of the contents.
(b) Yard waste container can be constructed of plastic, metal or fiberglass and shall have handles of adequate strength for lifting.
(c) Metal containers varying in size from two (2) to eight (8) cubic yards in capacity normally used by commercial operations and capable of being serviced by a front-loading refuse collection vehicle (bulk container).
(3) ROLL-OFF BULK CONTAINER. A unit varying in capacity which is used for collecting, storing, and transporting building materials. The unit may be of the open or enclosed variety. The distinguishing feature of the detachable container is that it is picked up by a specially equipped truck and becomes an integral part of the truck for transporting waste material to the disposal site.
COVER. Any device, equipment, close-fitting tarpaulin, chain, rope, wire, or line used on vehicles or containers to prevent the contents of the container or any part of the vehicle's load from blowing, leaking, falling, or otherwise escaping.
CURBSIDE. That area abutting the known edge of the road on improved lots, and the portion of right-of-way adjacent to paved or traveled City roadways.
CUSTOMER. An individual or business who receives mandatory collection services.
DISPOSAL COSTS. The “tipping fees” or landfill costs charged to the city or a contractor by others for disposal of the garbage, refuse and industrial wastes collected by the city or a contractor.
DUMP. To discard, throw, place, deposit or dispose of.
EXCLUDED WASTE. Construction debris, large dead animals, hazardous waste stable matter, vegetable waste, and special waste.
GARBAGE. Any and all accumulations of household trash, animal, fruit or vegetable matter that attends the preparation, use, cooking, and dealing in, or storage of, meats, fish, fowl, fruit, vegetables, and any other matter, or any nature whatsoever which is subject to decay, putrefaction and the generation of noxious and offensive gases or odors, or which, during and after decay may serve as breeding or feeding material for flies and/or to the germ-carrying insects, bottles, cans, or other food containers which due to their ability to retain water may serve as a breeding place for mosquitoes or other water breeding insects.
GARDEN AND YARD TRASH (FINE TRASH). Any and all accumulations of grass, palm fronds, leaves, branches, shrubs, vines, and other similar items generated by the maintenance of lawns, shrubs, gardens and trees.
HANDBILLS. Any printed or written matter, any sample, device, circular, leaflet, pamphlet, paper booklet, or any printed matter or literature which is not delivered by the United States Postal Service, except that handbill shall not include newspapers. A handbill shall be considered a commercial handbill if it advertises anything for sale or promotional gifts or prizes, if it directs attention to or advertises a meeting or performance at which an admission fee is charged for purposes of gain or profit, or if which containing some reading or pictorial material, it is predominantly advertisement and is distributed or circulated for
advertising purposes, including the private gain of advertisers or distributors.
HAZARDOUS WASTE. A form of excluded waste, defined as any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or listed or characteristic hazardous waste as defined by federal, state, or local law or any otherwise regulated waste. HAZARDOUS WASTE shall include, but not be limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended, and including future amendments, and any other applicable federal, state or local laws or regulations.
HOUSEHOLD TRASH. Any unused or abandoned tangible item such as furniture, discarded carpet, stoves, hot water heaters, refrigerators or similar appliances not having a useful purpose to the owner. For the purposes of this chapter, the term “household trash” shall not include abandoned or junk automobiles and parts thereof, with the exception of four (4) tires maximum, not to exceed sixteen (16) inches in the wheel; materials that accumulate as a result of building or building alterations such as brick, block, stone, sand, siding or roofing; or that trash generated as a result of clearing vacant lots. Residential debris is considered HOUSEHOLD TRASH as defined herein.
INDUSTRIAL WASTES. Any and all debris and waste products generated by canning, manufacturing, food processing (except restaurants), land clearing, building construction or alteration (except residential do-it-yourself projects) and public works type construction projects whether performed by a governmental unit or by contract.
JUNKED OR ABANDONED PROPERTY. Wrecked or derelict property having no value other than nominal salvage value, if any, and shall include, but not be limited to, rusted, wrecked, inoperative, or partially dismantled boats, machinery, refrigerators, plumbing fixtures, furniture, and any other similar article which has no value other than nominal salvage value, if any, and which has been left abandoned and unprotected from the elements.
LITTER. Any can, bottle, box, container, paper, tobacco product, tire, inoperable appliance, mechanical equipment, tool, machinery, motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or equipment, sludge from a waste treatment facility, water supply treatment plant or air pollution control facility, or substance in any form resulting from domestic, industrial, commercial, mining, agricultural or governmental operations, and building or construction materials and shall include all refuse.
LITTER RECEPTACLE. A container of a material and capacity as provided in this chapter and
used as a depository for litter, refuse, commercial trash, garbage, garden and yard trash, household trash, industrial waste, junked or abandoned property, tree and shrubbery trimmings.
LITTERING. The act of throwing, discarding, placing, depositing, or otherwise disposing of improperly along public highways, on public or private lands, or in public waters. “Littering” shall mean the same as “dump.”
LOADING AND UNLOADING AREAS. Spaces or areas used by any moving vehicle for the purpose of receiving, shipping, and transporting goods, wares, commodities, and persons, including waterside docks.
MECHANICAL CONTAINER. Containers for the deposit of refuse that may be emptied by mechanical means.
MOVING VIOLATIONS. Sources of violations that are nonstationary, including, but not limited to, violations by or from motorists, bicyclists, pedestrians, uncovered vehicles, railroad cars, and automobiles.
MULTIPLE DWELLING UNITS. Any building containing four (4) or more permanent dwelling units, not including motels or hotels.
NEWSPAPER. Any periodical generally printed on newsprint and identified as a newspaper, either delivered door to door or by the United States Postal Service.
PARKWAY. That portion of the street right-of-way paralleling any public thoroughfare between the curb line and abutting property line. If ditching bisects the property and thoroughfare, the term “parkway” includes the roadside of the ditch.
PERSON. An individual, firm, company, corporation, association, or other entity.
PLANT LIFE. Any plant which has no permanent, woody stem.
PRIVATE PROPERTY. Property owned by any person as defined herein (other than public property), including but not limited to yards, grounds, driveways, entrances, or passageways, parking areas, any body of water, vacant land, or private recreational facility.
PUBLIC PROPERTY. Any area that is used or held out for use by the public whether owned or operated by public or private interests including but not limited to highways, streets, alleys, parks, recreational areas, parking lots, sidewalks, medians, lakes, rivers, streams, ponds, canals, ditches, or other bodies of water.
QUASI-PUBLIC PROPERTY. Property privately owned but open to the public, such as parking lots, for commercial, institutional, recreational, industrial, professional, educational and religious uses.
RECYCLABLE MATERIALS. The following items are classified as RECYCLABLE MATERIALS:
(1) Metal or aluminum cans - clean aluminum tin or steel food and beverage containers;
(2) Paper and cardboard - clean and dry flattened cardboard, newspapers, magazines, office paper and common main; and
(3) Plastic bottles and jugs - food and liquid containers with the lids on (Pete or polyethylene terephthalate and HDPE or high-density polyethylene).
RECYCLING. Any process by which materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products.
RECYCLING CONTAINER. A CART provided by the city designated as a receptacle for recyclable material.
REFUSE. Garbage, garden and yard trash, household trash and commercial trash, but does not include hazardous waste, industrial waste, special waste, or recyclable materials that are separated as required herein.
RESIDENTIAL UNIT. Any structure, shelter, trailer, or any part of a multifamily building with fewer than four (4) units used within the corporate limits of the City occupied by a person or group of persons. A residential unit shall be deemed occupied when either water or domestic electric and power services are being supplied to the unit. A condominium dwelling, whether of single or multi-level construction, consisting of less than four contiguous or separate single-family dwelling units, shall be treated as a residential unit, except that each single-family dwelling within any such residential unit shall be billed separately as a residential unit. A townhouse development comprised of individually owned units shall be treated as a residential unit, except that each single-family dwelling within any such residential unit shall be billed separately as a residential unit.
SOLID WASTE. Useless, unwanted or discarded materials with insufficient liquid content to be free-flowing, that result from domestic, industrial, commercial, agricultural, governmental and community operations which require proper storage, collection, transportation and disposal to prevent environmental pollution inimical to public health, safety and welfare. SOLID WASTE does not include sewage, earth or material used to fill land in accordance with construction codes, mining residues, slag, dissolved or suspended solids in industrial waste water effluents which are not acceptable for disposal in sanitary sewage treatment system or any material included in the definition of excluded waste. SOLID WASTE is commonly referred to as garbage.
SPECIAL WASTE. Any nonhazardous solid waste which, because of its physical characteristics, chemical make-up, or biological nature requires either special handling, disposal procedures including liquids for solidification at the landfill, documentation, and/or regulatory authorization, or poses an unusual threat to human health, equipment, property, or the environment. SPECIAL WASTE includes, but is not limited to:
(1) Waste generated by an industrial process or a pollution control process;
(2) Waste which may contain residue and debris from the cleanup of spilled petroleum, chemical or commercial products or wastes, or contaminated residuals;
(3) Waste which is nonhazardous as a result of proper treatment pursuant to Subtitle C of the Resource Conservation and Recovery Act of 1976 ("RCRA");
(4) Waste from the cleanup of a facility which generates, stores, treats, recycles or disposes of chemical substances, commercial products or wastes;
(5) Waste which may contain free liquids and requires liquid waste solidification;
(6) Containers that once contained hazardous substances, chemicals, or insecticides so long as such containers are "empty" as defined by RCRA;
(7) Asbestos containing or asbestos bearing material that has been properly secured under existing applicable law;
(8) Waste containing regulated polychlorinated biphenyls (PCBs) as defined in the Toxic Substances Control Act (TSCA);
(9) Waste containing naturally occurring radioactive material (NORM) and/or technologically enhanced NORM (TENORM); and
(10) Municipal or commercial solid waste that may have come into contact with any of the foregoing.
STATIONARY VIOLATION. Sources of violation such as improper household and commercial trash putout, loading and unloading dock violations, construction or demolition site violations, or violations by institutions.
TREE AND SHRUBBERY TRIMMINGS. Waste accumulation of tree branches, tree limbs, parts of trees, bushes, shrubbery cuttings or clippings, or other debris usually created as trash from care of trees and shrubs and of a size that will not fit normal household waste disposal containers.
VEHICLES. Every device capable of being moved upon a public highway or railroad or public waterway and in, upon or by which any person or property may be transported or drawn upon a public highway or railroad or public waterway. This shall include cars, trucks, boats, motorcycles, trains, buses, and other motorized means of conveyance.
WASTE. A useless or worthless item regarded or discarded as worthless and shall include ashes, biohazardous waste, bulky wastes, building materials, collectable, commercial trash, garbage, garden and
yard trash, hazardous waste, household trash, industrial wastes, junked or abandoned property, litter, plant life, recyclable materials, refuse, tree and shrubbery trimmings.
WASTE MATERIAL. All nonhazardous, solid waste (including yard waste, tires and recyclable materials) generated at residential units and municipal facilities that is not excluded by this agreement. WASTE MATERIAL shall not include any excluded waste.
WHITE GOODS. Large discarded appliances, including but not limited to refrigerators, ranges, washing machines, clothes dryers, water heaters, freezers, and air conditioners. White goods must be generated by the customer at the customer's improved real property where the white goods are collected.
WIRE-MESH CONTAINER. A functional container constructed of welded wire mesh, six (6) inches by six (6) inches, of sufficient size to contain on-site refuse.
VEGETABLE WASTE. Putrescible solid waste resulting from the processing of plants for food by commercial establishments such as canneries. This definition does not include waste products resulting from the preparation and consumption of food in places such as cafeterias and restaurants.
YARD WASTE. Grass, leaves, flowers, stalks, stems, tree trimmings, branches and tree trunks. All tree and shrubbery trimmings shall be of such size that they can be readily loaded by one (1) person. Stumps, trees, limbs and other such objects shall be cut in lengths of no greater than four (4) feet if the diameter of the item is less than six (6) inches, and shall be cut in lengths of no greater than two (2) feet if the diameter of the item is greater than six (6) inches. For yard waste collection services, grass, pine needles, leaves, flowers, stalks, stems, and small tree trimmings (less than two (2) feet in length and less than two (2) inches in diameter) shall be in a container. Larger tree trimmings shall be laid neatly in piles at curbside. Branches in excess of two (2) feet in length may, but are not required to be, in a container. Contractor shall be obligated to collect unlimited amounts of yard waste from each residential unit.
('74 Code, § 11-1) (Ord. 91-24, passed 9-19-91; Am. Ord. 2010-20, passed 7-15-10; Am. Ord. 2010-55, passed 10-21-10; Am. Ord. 2021- 16, passed 4-1-21)