The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
   (1)   “Approved receptacle” means a City issued two-wheeled tipper cart with lid made of durable plastic having the stamped “City Seal” and cart serial number, with either a molded or rotating steel catch bar that can be used with the semi-automated sanitation trucks.  Carts shall be used for household garbage and not used to dispose of hazardous waste, construction debris, or yard trimmings.
      (Ord. 2008-64.  Passed 12-8-08.)
   (2)   “Approved receptacle for yard trimmings” means a biodegradable paper bag of not less than twenty (20) gallons and not to exceed forty (40) gallons and/or a galvanized or durable plastic container of a capacity of not less than twenty (20) gallons and not to exceed forty (40) gallons having two (2) handles on the side thereof or a bail by which it may be lifted, with a tight-fitting metal or plastic top with a handle and so constructed as to permit the free discharge of its contents.  Containers shall be waterproof.  Oil or grease drums, paint cans and similar salvaged containers shall not be acceptable.
   (3)   “Collector” means a person who, under agreements, verbal or written, with or without compensation, does the work of collecting and/or transporting solid waste from industries, offices, retail outlets, businesses, institutions and/or similar locations or from residential dwellings; provided, however, that this definition shall not include an
   (4)   “Commercial container” means a manufactured container suitable for emptying by mechanical equipment and approved by the Director of Public Service.  The following general standards are prescribed for commercial containers:
      A.   All containers must be steel, continuous welded and properly reinforced.
      B.   All lids will be flanged and reinforced for strength.
      C.   Pickup side of containers shall be reinforced inside and outside at point of torque tub contact.
      D.   Inside reinforcement shall be pressed steel angle.
      E.   Bottoms shall be reinforced with one-and-one-half inch drain plug installed flush to the bottom.
      F.   All containers shall be primed and finished with enamel or epoxy paint.
      G.   All containers shall bear the company’s name, address and phone number.
      H.   Body dimensions as to length and height of container can vary with the size of the container, however, all container widths will be seventy (70) inches.  Minimum gauges of steel shall be as follows:
12 gauge
12 gauge
12 gauge for 4 cu.  yd.  and below
10 gauge for all over 4 cu.  yd.
16 gauge or plastic
14 gauge
   (5)   “Commercial establishment” means any hotel, motel, apartment house (with more than four (4) units), roominghouse, business, industrial, public or semipublic establishment of any nature or kind whatsoever other than a single dwelling unit/residential unit and condominiums.
   (6)   “Commercial/industrial refuse” means waste material from industrial processes, manufacturing canneries, slaughterhouses, packing plants, poultry processing plants or similar industries, and large quantities of condemned foods.  Commercial refuse also includes waste material from the construction, remodeling and repair operations on houses, commercial buildings, multiple dwellings and other structures such as concrete, bricks, plaster, stone, earth, lumber, roofing materials, gutters, shavings and sawdust.
   (7)   “Compactor container” means a manufactured commercial container of any size with a self-contained compacting mechanism or an external compactor that is designed to be used in conjunction with the individual home appliance.
   (8)   “Condominium” means individual ownership units in a multifamily structure with a front and back entrance to each unit on the ground level.
   (9)   “Department” means the Public Service Department or its successor for purposes of this chapter.
   (10)   “Director” means the Public Service Director or the Director’s successor for the purposes of this chapter.
   (11)   “Disposal facility” means any facility or location where any treatment, utilization, processing or deposition of solid waste occurs.
   (12)   “Garbage” means food waste, including waste accumulation of animal or vegetable matter used or intended for use as food, or that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetables.
   (13)   “Government establishment” means any entity of the City, County, State or Federal Government.
   (14)   “Hazardous waste” means solid or liquid waste material resulting from the manufacture or use of pesticides and drugs (other than normal household use); pathological waste; highly flammable or explosive waste; toxic wastes; sewage sludge; and other waste material that the Director determines to be a likely hazard to the public health, safety or environment, except radioactive waste materials as provided in applicable state and federal regulations.
   (15)   “Industrial waste material container” means any container 10 cubic yards or larger.
   (16)   “Landfill” means a method of disposing of solid wastes, other than putrescible wastes or hazardous waste on land by placing an earth cover thereon.
   (17)   “Multiple dwelling” means a building designed for and containing two (2) or more dwelling units.
   (18)   “Municipal solid waste” means any solid waste derived from households, including garbage, trash and sanitary waste in septic tanks and means solid waste from single-family and multifamily residences, hotels and motels, bunkhouses, campgrounds, picnic grounds, and day use recreation areas.  The term includes yard trimmings and commercial solid waste but does not include solid waste from mining, agricultural activities, or pallets, logs over four (4) inches in diameter and other similar materials or construction debris.
   (19)   “Occupied” means that a residential unit has either water or domestic light and power services supplied.
   (20)   “Owner” means any person owning, leasing, renting, occupying or managing any premises in the jurisdiction of the City of Portsmouth.
   (21)   “Parkway” means the area between the curb and sidewalk or the area immediately adjacent to the street where a curb or sidewalk is not available.
   (22)   “Plastic bag” means a polyethylene or other heavy-duty plastic bag meeting the National Sanitation Foundation standard of at least one and one-half (1.5) mils and not exceeding a thirty gallon capacity, with a securing twist tie.  An untied plastic bag shall not be an approved container.
   (23)   “Putrescible waste” means wastes that are capable of being decomposed by microorganisms.  Examples of putrescible wastes include but are not necessarily limited to kitchen wastes, animal manure, offal, hatchery and poultry processing plant waste, and garbage.
   (24)   “Refuse” means garbage, rubbish or commercial refuse.
   (25)   “Residential garbage and/or refuse” means a dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four families.
   (26)   “Rubbish” means waste paper, cartons, boxes, wood, tree branches, yard trimmings, furniture, appliances, metals, cans, glass, crockery, dunnage and/or similar materials.
   (27)   “Rubbish container” means any durable watertight container such as any metal or plastic box, can, or waterproof bag as referenced above.
   (28)   “Sanitary landfill” means a method of disposing of putrescible waste and/or hazardous waste on land by placing an earth cover thereon.
   (29)   “Sanitation or sanitary district” means the incorporated area of the City and may include any other area as set out in this Code or as set out by contract with a public or private entity.
   (30)   “Scavenger”, “private contractor” or “commercial sanitation firm” means any person, other than the City of Portsmouth, who collects, removes, salvages or disposes of refuse from one (1) or more public or private premises, other than the person’s own whether or not under written contract, and whether or not for compensation.
   (31)   “Special industrial waste container” means any container such as a metal box, bucket, an open bed container or special container used for transporting chemicals, paint, metals, glass, oil products, plastics or any type of material that requires special handling.
   (32)   “Stationary compactor” means an object or refuse container system which compacts refuse at the site of generation into a pull-on detachable container or a totally self- contained compacting unit.
   (33)   “Yard trimmings” means leaves, brush, grass clippings, shrub and tree pruning, discarded Christmas trees, nursery and greenhouse vegetative residuals, and vegetative matter resulting from landscaping development and maintenance other than mining, and agricultural activities.
      (Ord.  2002-106.  Passed 9-23-02.)