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§ 10-701. Definitions. 169
In this Chapter the following definitions apply:
(1) Aircraft. Any contrivance used or designated for navigation or for flight in the air, including helicopters and lighter-than-air dirigibles and balloons.
(2) Ashes. The residue from the burning of wood, coal, coke, or other combustible materials.
(3) Bulk Items. Large household items, whether whole or in pieces, including but not limited to metal objects, items containing refrigerants, appliances, air conditioners, furniture and sofa beds. 170
(4) Commercial Handbill. Any printed or written matter, sample or device, circular, leaflet, pamphlet, paper, booklet, or other printed or otherwise reproduced original or copy of any matter or literature which:
(a) advertises for sale any merchandise, product, commodity, or thing; or
(b) directs attention to any business, mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or
(c) directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit;
(d) while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is not delivered to its final consumer by the United States Postal Service but is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor. 171
(4.1) Debris. Any material resulting from the construction or demolition of any structure, including wood, stones, bricks, rocks, concrete, gravel or earth.
(4.2) Department. The Department of Streets.
(5) Distribution Business. A distributor which provides commercial handbill distribution services for any other business, partnership, sole proprietorship, association or corporation. 172
(6) Distributor. Any business, including without limitation, a sole proprietorship, partnership, association or corporation, which directly or indirectly addresses, offers, or proposes or causes to be advertised, offered or proposed on the streets, sidewalks or other public ways any commercial transaction by means of distribution of commercial handbills as defined in subsection 10-701(3) above.
(7) Garbage. Decayable animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
(8) Litter. Includes "garbage", "refuse", and "rubbish" as defined and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
(8.1) Municipal Waste or Waste. Any Garbage, Rubbish, Debris, refuse or industrial, lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, but not including Recyclable Materials.
(9) Newspaper. Any publication, containing the name and address of its publisher, that is published and distributed at regular intervals and contains news stories, opinions, advertisements, or other items of general interest, including any periodical or current magazine regularly published with not less than four (4) issues per year and distributed to the public, provided, however, that a commercial handbill as defined in subsection 10-701(3) herein shall not be considered a newspaper. 173
(10) Non-Commercial Handbill. Any printed or written matter, sample, device, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or other printed or otherwise reproduced original or copy of any matter or literature not included in the definition of commercial handbill. 174
(10.1) Operator. The owner of, and any person in control of, any Regulated Premises.
(11) Park. A park square, playground, beach, recreation center or other public area in the City, owned or used by the City and devoted to recreation.
(11.1) Private Business Receptacle. A receptacle placed by a private commercial business owner or manager at or near his or her business location for the reception of litter, including newspapers and commercial and non- commercial handbills.
(12) Private Premises. Any dwelling, house, building or other structure or parking lot designed or used either wholly or in part for private residential, industrial or commercial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
(13) Public Place. All streets, sidewalks, boulevards, alleys, or other public ways, and all public parks, squares, spaces, grounds and buildings.
(14) Public Receptacle. A receptacle placed by the City at various locations for the reception of litter other than household or commercial refuse.
(14.1) Recyclable Materials. Materials designated by regulation that would otherwise be disposed of or processed as Municipal Waste but which are appropriate for separation for future recovery and sale or reuse.
(14.2) Regulated Premises. Premises where Waste is generated, including each separate unit in a multi-unit building or complex of buildings, such as a portion of a property used for commercial purposes in a multi-use building; provided that, with respect to any residential unit within a multi-unit building or complex of buildings at which the building manager, owner, condominium association or other management entity arranges for collective removal of Waste, the building or complex of buildings as a whole, and not individual residential units thereof, shall be considered the Regulated Premises. Regulated Premises does not include exclusively residential buildings with six or fewer dwelling units.
(15) Rubbish. Non-putrescible solid wastes consisting of both combustible and non-combustible wastes, including paper, wrappings, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.
(16) Snow. Any precipitation, deposit or accumulation of snow, hail, ice and sleet on the sidewalks. 175
(17) Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
Amended, Bill No. 150748 (approved December 23, 2015).
Added, and subsequent Sections renumbered, Bill No. 010659 (approved September 12, 2002). Enrolled bill numbered definition as subsection (2); renumbered and subsequent definitions renumbered by the Code editor.
Amended, 1993 Ordinances, p. 1104.
Added and subsections renumbered, 1993 Ordinances, p. 1104.
Amended and renumbered, 1993 Ordinances, p. 1104.
Amended and renumbered, 1993 Ordinances, p. 1104.
Added, 1961 Ordinances, p. 1353 (previous subsection 10-701(14)).