§ 1.01 DEFINITIONS.
   1.01(A)   General rule. Words and phrases shall be taken in their plain, or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in shall be understood according to their technical import.
   1.01(B)   FEMA (Federal Emergency Management Agency) definitions. Technical definitions for use in connection with FEMA may be found in Chapter 64.
   1.01(C)   Definitions. For the purpose of this Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Parentheticals following the defined term are included to demonstrate the context for its use.
      ABANDONED (Motor Vehicles and Vessels).
      (1)   Any vehicle located on or that does not have lawfully affixed thereto or displayed thereon a valid, unexpired license plate that permits its operation upon the of the of Florida.
      (2)   Any vehicle or part thereof that is left on continuously without being moved for a period of 72 hours or more.
      (3)   Any vehicle or part thereof located on illegally or in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or other vehicular on a , , or .
      (4)   Any vehicle or part thereof that has remained on without the consent of the or in control of such for a continuous period of 72 hours or more.
      (5)   Any “ ,” as defined herein.
      (6)   Any located on public or that does not have affixed thereto or displayed thereon a valid, unexpired decal that evidences its current registration.
      ABANDONMENT (Telecommunications). The permanent cessation of all uses of a ; provided that this term shall not include cessation of all use of a facility within a physical where the physical continues to be used. By way of example, and not limitation, cessation of all use of a cable within a conduit, where conduit continues to be used, shall not be of a facility in the .
      ACCESS CHANNEL (Telecommunications). Any on a cable or video System set aside without charge by the cable or for noncommercial, public, educational, and/or local governmental use.
      ACCESSIBLE. Readily available to and usable by individuals with disabilities and in accordance with the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG).
      ACCESSORY STRUCTURE. A , the use of which is incidental to that of the and which is located on the same as the main that includes, but is not limited to, cabanas, carports, fences, garages, garden walls, garden , patios, permanent grills, pools and storage , but does not include any .
      ACCESSORY USE. A use that is subordinate to, incidental to and customarily associated with a main permitted use.
      ADDITION (Historic Preservation). Any that adds to an existing .
      ADDRESS (Landscape Irrigation Conservation). The “house number” (a numeric or alphanumeric designation) that, together with the name, describes the physical location of a specific property. This excludes post office box numbers. If a property has no address, it shall be considered “even-numbered.”
      ADULT BOOKSTORE/ADULT NOVELTY STORE/ADULT VIDEO STORE. An having a substantial or significant portion of its stock-in-trade, which shall be defined as 20% or more of the of the , devoted to .
      ADULT BOOTH.
      (1)   A small enclosed or partitioned area inside an that is:
         (a)   Designed or used for the viewing of by one or more ; and
         (b)    to all persons, regardless of whether a fee is charged for access.
      (2)   The term includes but is not limited to a “peep show” booth, or other booth used to view . The term does not include a foyer through which a can enter or exit the , or a rest room.
      ADULT DANCING ESTABLISHMENT. An where or independent contractors display or expose to others, regardless of whether the or independent contractors actually engage in dancing.
      ADULT DOMINATION/SUBMISSION PARLOR. An specializing in bondage, sadomasochism, humiliating activities or other similar activities that depict, describe or relate to the or .
      ADULT ENTERTAINMENT. Any activities that depict, describe or relate to specified sexual acts or or that feature topless dancers, exotic dancers, strippers, male or female impersonators, the modeling of clothing revealing or less than completely and opaquely covering , or similar activities.
      ADULT ENTERTAINMENT ESTABLISHMENT.
      (1)   An , , , , , or other or business operated for where an , independent contractor, , or exposes his or her for viewing by patrons, including but not limited to massage , whether or not licensed pursuant to F.S. Chapter 480, tanning salons, modeling studios, or lingerie studios.
      (2)   Excluded from this definition are where the exposure of is associated with a curriculum or program.
      (3)   An that possesses an license is presumed to be an .
      ADULT MATERIAL. One or more of the following, regardless of whether it is new or used:
      (1)   Books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, video cassettes, DVDs, slides, or other visual representations; recordings, other audio matter; and novelties or devices that have, as their primary or dominant theme, subject matter depicting, exhibiting, illustrating, describing, or relating to or ; or
      (2)   Instruments, novelties, devices, or paraphernalia that are designed for use in connection with , excluding bona fide birth control devices.
      ADULT MINI MOTION PICTURE THEATER. An enclosed , or a portion thereof with at least one seat, or viewing booth or area, regularly used for presenting , for observation by patrons therein. The viewing or referenced in this definition is defined as a small enclosed or partitioned area inside the theater designed or used for the viewing of by one or more , regardless of whether a fee is charged for access.
      ADULT MOTEL. A , , boardinghouse, rooming house, or other place of temporary lodging that includes the word “adult” in a name it uses or otherwise advertises the presentation of as a primary inducement for patronage.
      ADULT MOTION PICTURE THEATER OR AN ADULT THEATER. An enclosed with each viewing room having a capacity of 50 or more regularly used for presenting for observation by patrons therein, containing no partitions between seats.
      AFFORDABLE HOUSING. Housing for which monthly rents or monthly mortgage payments (including taxes and insurance) do not exceed 30% of an amount representing the percentage (very low = 50%; low = 80%; moderate = 120%) of the median income limits, as published by the U.S. Department of Housing and Urban Development, adjusted for family size for the households.
      ALCOHOLIC BEVERAGE. Any beverage as described in F.S. § 561.01(4).
      ALTERATION (Historic Preservation). Any act or process that alters any of the following aspects of a :
      (1)   The architectural appearance;
      (2)   Any interior or feature that has been designated as a ;
      (3)   Any interior structural feature that is visible from a public right-of-way or a navigable waterway; or
      (4)   When located within a nonresidentially zoned designated , the introduction, placement, or replacement of accessories or other personal property, including, but not limited to, furniture placed outdoors, pushcarts, and mobile or nonmobile vending machines or trolley cars placed on private property.
      ALTERNATIVE TOWER STRUCTURE (Telecommunications). A design mounting that camouflages or conceals the presence of an or , for example, poles, man-made trees, clock towers, bell steeples, light ,   and similar alternative designs.
      AMUSEMENT ARCADE. A place or facility where pinball or other similar electronic games are played for amusement only, including game rooms and billiard centers.
      AMUSEMENT CENTER. A or complex of where activities relating to games or recreation are conducted or held. Accessory uses may include the preparation and serving of food, or the sale of equipment related to the enclosed uses.
      ANIMAL. Every living vertebrate other than a human being.
      ANTENNA (Telecommunications). A transmitting and/or receiving device mounted on a , or and used in Wireless that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals and other communications signals including directional such as panel and microwave dish and omni-directional such as Whips, but excluding radar , amateur radio and satellite earth stations.
      APPLICABLE CODES (Telecommunications). Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address threats of destruction of property or injury to persons, or local Codes or ordinances adopted to implement F.S. § 337.401(7). The term includes objective design standards adopted by ordinance that may require a new that replaces an existing to be of substantially similar design, material, and color or that may require reasonable spacing requirements concerning the location of ground-mounted equipment. The term includes objective design standards adopted by ordinance that may require a to meet reasonable location context, color, stealth, and concealment requirements.
      APPLICANT. Any individual or entity requesting action of the and all representing such individual or entity (including, but not limited to, all attorneys, architects, , and ), and any individual who, directly or indirectly, owns or controls more than 5% of any such entity requesting action of the .
      ARCHAEOLOGICAL MATERIALS (Historic Preservation). Human skeletal materials or human- manufactured objects, or natural objects altered by human activity, found on or beneath the surface of the ground and shall include, but not be limited to, pottery, basketry, bottles, weapons, weapon projectiles, tools, structural and Building ruins, graves, any earthen mounds, middens or landscape features of human manufacture, or any portion or piece of any of the foregoing items. Unmarked human remains and associated burial artifacts and materials that are 75 years of age or more are considered Archaeological Materials for the purpose of this chapter. , and nonfossilized and fossilized , or any portion or piece thereof, shall not be considered under this chapter, unless found within an , , or during an . Except as specified in this paragraph, no item shall be treated as a under this chapter unless such item is at least 100 years of age.
      ARCHAEOLOGICAL SALVAGE EXCAVATION. A process conducted on a cultural resource site, or a portion of a site, by the systematic removal of prehistoric or historic cultural remains in order to acquire fundamental information necessary for understanding a site within the proper historic context. This process requires the appropriate regulatory approval, field survey, excavation, artifact analysis, and curation reports.
      ARCHAEOLOGICAL SITE. A location that has yielded or may be likely to yield information important in history or prehistory, and is a site that contains physical evidence of past human activity. An Archaeological Site may be identified using investigations or site predictive models. Archaeological Sites are evidenced by the presence of artifacts on or below the ground surface indicating the past use of a location by people. A designated Archaeological Site is one that meets these criteria, has been designated by the County Commission, and appears on the Broward County Land Use Plan Map Series or is listed on the .
      ARCHAEOLOGICAL ZONE (Historic Preservation). An area that has yielded or is likely to yield largely subsurface information on the prehistory or history of the County based on prehistoric or historic settlement and land use patterns within the County, as determined in consultation with the Broward County Archaeologist and the State of Florida Division of Historical Resources. These zones will tend to conform to certain natural physiographic features that were the focal points for prehistoric and historic activities. Archaeological Zones shall be recorded on a Map of Broward County Archaeological Zones to be maintained and amended as necessary by the Historic Preservation Officer.
      ARCHITECTURAL EMBELLISHMENT. A two or three-dimensional architectural decoration added to a or site.
      ARRAY (Telecommunications). A group of up to 12 that are either:
      (1)   Mounted or side mounted on the rooftop of a or rooftop (s); or
      (2)   Directly or indirectly mounted on a .
      ARTERIAL ROAD. A road having the meaning given in F.S. § 334.03(1).
      ASSESSED PROPERTY. All or any portion of included on the .
      ASSESSMENT or SPECIAL ASSESSMENT. Any Assessment or Special Assessment, or revolving fund or funds levied against benefitted property out of which may be paid the cost, or a portion thereof, of any improvement to the property.
      ASSESSMENT ROLL. The non-ad valorem roll relating to a approved by the resolution.
      ASSOCIATION. A group or organization comprised of or occupying a common deeded property, zoned as either commercial or residential, established to provide for the management and maintenance of that property.
      ASSOCIATION PROPERTY. That property, both real and personal, in which title or ownership is vested in the for the use and benefit of its members. Association Property shall include, but shall not be limited to, private parks, private roads, water bodies, easements, wall easements, etc. In the case of a rental apartment or complex, this term shall refer to all areas other than the interiors of the residential .
      ATHLETIC PLAY AREA (Landscape Irrigation Conservation). All golf course fairways, tees, roughs, greens, and other athletic play surfaces; including football, baseball, soccer, polo, tennis, and lawn bowling fields, and rodeo, equestrian, and livestock arenas.
      ATTACHMENT (Telecommunications). The physical attachment(s) of a Cable System, as defined by , to a legally maintained , electricity, telephone, power or light consisting of cables, wires, and supporting hardware required to support the provision of .
      AUTHORIZED PRIVATE RECEPTACLE (Solid Waste). A storage and collection receptacle established for private use and operated in conformity with the .
      AUTOMATED CART (Solid Waste). The wheeled portable receptacle(s) provided by the ’s designated contractor that shall be used for household collection, storage and curbside placement of .
      AUTOMATED EXTERNAL DEFIBRILLATOR DEVICE. A defibrillator device that:
      (1)   Is commercially distributed in accordance with the Federal Food, Drug, and Cosmetic Act;
      (2)   Is capable of recognizing the presence or absence of ventricular fibrillation, and is capable of determining without intervention by the user of the device whether defibrillation should be performed; and
      (3)   Upon determining that defibrillation should be performed, is able to deliver an electrical shock to an individual.
      AXLE LOAD. The total load transmitted to the road by all wheels whose centers are included between two parallel transverse vertical planes 40 inches apart, extending across the full width of the vehicle.
      BACKHAUL NETWORK (Telecommunications). The lines that connect personal wireless service facilities to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
      BAR, COUNTRY CLUB. A Bar housed completely within a country club facility with at least one 18-hole golf course.
      BAR, HOTEL. A Bar operated in connection with a or apartment .
      BAR, LOUNGE, or TAVERN. Any place devoted primarily to on-site consumption of .
      BAR AREA. The portion of a dedicated to the serving of to patrons, including the used for customer service, preparation of , bottle displays, refrigerated cases, and storage compartments.
      BATTERY CHARGING EQUIPMENT. An electrical component assembly or cluster of component assemblies designed specifically to supply electric energy to charge one at a time. Battery Charging Equipment is classified by the rate at which an battery is recharged which include the following specifications:
      (1)   LEVEL 1. The standardized indicators of electrical force, or voltage, at which an battery is recharged which requires a 15 or 20-amp breaker on a 120-volt AC circuit and standard outlet.
      (2)   LEVEL 2. The standardized indicators of electrical force, or voltage, at which an battery is recharged which requires a 40 to 100-amp breaker on a 240-volt AC circuit.
      (3)   DIRECT CURRENT FAST CHARGING. The standardized indicators of electrical force, or voltage, at which an battery is recharged that uses a 3-phase, 480-volt alternating-current (AC) electrical circuit to enable rapid charging through delivering a direct current (DC) electricity to the EV.
      BDD. The Bonaventure Development District.
      BIKEWAY. Any road, path, or way that is specifically designated as being open to nonmotorized vehicular travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes.
      BLEED DOWN MECHANISM (Engineering Standards). A weir with a notch or an orifice through which is discharged at a controlled rate.
      BOTTLE CLUB. A operated for a profit, whether or not a profit is actually made, wherein patrons consume which are brought onto the and not sold or supplied to the patrons by the establishment, whether the patrons bring in and maintain custody of their own or surrender custody to the establishment for dispensing on the , and which is located in a or other enclosed permanent .
      BREAST HEIGHT (Tree Preservation). A height of four and one-half feet above the top of the rootball.
      BROADCASTING FACILITY (Telecommunications). Any or built primarily for the purpose of broadcasting AM, FM or television signals.
      BUILDING. Any that has a and walls.
      BUILDING CODE. The codes promulgated pursuant to F.S. Chapter 553, Part IV, otherwise known as the Florida Building Code, including Broward County Amendments.
      BUILDING PERMIT. Any permit required by the .
      BUSINESS (Business Tax). The work, vocation, profession, occupation, commercial enterprise or trade in which a is engaged, and all activities and matters together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted, either directly or indirectly, on or from any in the . Business does not include nonprofit , nonprofit , or nonprofit . Business also does not include a that solely manages from a .
      BUSINESS RELATIONSHIP. A member of the or a City Advisory Board has a Business Relationship with a or an entity if any of the following exist:
      (1)   The member of the or City Advisory Board has any ownership interest, directly or indirectly, in excess of 1% in the entity;
      (2)   The member of the or City Advisory Board is a partner, co-shareholder or joint venturer with the in any business venture;
      (3)   The entity or is a client of the member of the or City Advisory Board, or a client of another professional working from the same office and for the same employer as the member of the or City Advisory Board;
      (4)   The member of the or City Advisory Board is a client of the entity or the ;
      (5)   The entity or is a customer of the member of the or City Advisory Board (or his or her employer) and transacts more than 5% of the business in a given calendar of the member of the or City Advisory Board (or his or her employer) or more than $25,000.00 of business in a given calendar ; or
      (6)   The member of the or City Advisory Board is a customer of the entity or the and transacts more than 5% of the business in a given calendar of the entity or or more than $25,000.00 of business in a given calendar .
      BUSINESS TAX. The fee charged by the for the privilege of engaging in any within the , but does not include any fees or licenses paid to any board, commission, or officer for permits, registration, examination, or inspection.
      BUSINESS TAX RECEIPT. A document issued by the that bears the words “Business Tax Receipt” and evidences that the in whose name the document is issued has complied with the provisions of Chapter 40 by paying the required .
      CABLE SERVICE (Telecommunications).
      (1)   The one-way transmission to of or any other programming service.
      (2)    interaction, if any, that is required for the selection or use of such or other programmed service.
      CABLE SERVICE PROVIDER (Telecommunications). A that provides over a Cable System.
      CABLE SYSTEM (Telecommunications).
      (1)   Any facility consisting of a set of closed transmission paths or other transmission lines or forms of terrestrial transmission and associated signal generation, reception, and control equipment that is designed to provide which includes and which is provided to multiple within the .
      (2)   Such term does not include:
         (a)   A facility that serves only to retransmit the television signals of one or more television broadcast stations.
         (b)   A facility that serves only in one or more multiple-unit under common ownership, control, or management, unless such facility or facilities use any .
         (c)   A facility that serves without using any .
         (d)   A facility of a common that is subject, in whole or in part, to the provisions of Title 11 of the federal of 1934, except that such facility shall be considered a Cable System other than for purposes of 47 U.S.C. 541(c) to the extent such facility is used in the transmission of directly to , unless the extent of such use is solely to provide interactive on demand services.
         (e)   An open video System that complies with 47 U.S.C. 573; or
         (f)   Any facilities of any electric used solely for operating its electric systems.
      CALIPER (Tree Preservation). The diameter of the trunk(s) measured at .
      CAMOUFLAGED FACILITY (Telecommunications). A facility that is disguised, hidden, part of an existing or proposed , or placed within an existing or proposed in a manner that makes it not readily identifiable as a . A Camouflaged Facility may or may not have a secondary function (e.g., bell tower, spire, pole, etc.). This term shall be synonymous with .
      CANOPY COVERAGE (Tree Preservation). The areal extent of ground within the of a .
      CAPACITY (Utilities). Refers to the maximum service volume at the adopted level of service standard.
      CARNIVAL. Any commercial enterprise where the revenue realized flows to private or operators as intended profit and where such enterprises have as any part of their operation sideshows, games of chance, hawkers, barkers, rides, games, and refreshments operated by vendors the majority of whom are nonresident, transitory, and employees of such commercial enterprises.
      CARRIER (Telecommunications). A company licensed by the Federal Communications Commission (FCC) that provides wireless services. A builder or is not a Carrier unless licensed to provide .
      CERTIFICATE OF APPROPRIATENESS (COA) (Historic Preservation). A certificate issued by the indicating approval of plans for specified , rehabilitation, , reconstruction, removal, , or of a .
      CERTIFICATE OF OCCUPANCY. The written certification issued by the that a structural improvement is ready for occupancy for its intended use.
      CERTIFICATE TO DIG (CTD) (Historic Preservation). A certificate issued by the indicating approval of plans for specific digging projects that are anticipated to yield known or as yet unknown or Paleontological Materials in an or or site designated as a .
      CERTIFIED LAND USE PLAN. The ’s local land use plan that has been certified by the Broward County Planning Council as being in substantial conformity with the County Land Use Plan.
      CHANGE ORDER (Acquisitions). A written modification to a contract or purchase order, which amends one or more of the following: the scope of services, contract cost, contract time or the contract quantity(ies).
      CHARITABLE INSTITUTIONS (Business Tax). Nonprofit corporations operating physical facilities in this at which are provided charitable services, a reasonable percentage of which are without cost to those unable to pay.
      CHILD CARE. The care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, or grant is made for care.
      CHILD CARE FACILITY. Any center or arrangement that provides for more than five children unrelated to the operator and that receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. The following are not included within this definition:
         (a)   Public Schools and nonpublic schools and their integral programs, except as provided in F.S. § 402.3025;
         (b)   Summer camps having children in full-time residence;
         (c)   Summer day camps;
         (d)   Bible schools normally conducted during vacation periods; and
         (e)   Operators of transient establishments, as defined in F.S. Chapter 509 which provide services solely for the guests of their establishment or resort, provided that all personnel of the establishment are screened according to the level 2 screening requirements of F.S. Chapter 435.
      CITY (Entity). The elected officials, employees and/or authorized agents of the City of Weston, Florida.
      CITY (Location). The geographical area within the boundaries set forth in the City Charter, including the Indian Trace Development District and Bonaventure Development District.
      CITY ATTORNEY. An individual attorney or a law firm appointed by the pursuant to § 3.07 of the City Charter.
      CITY COMMISSION. The body vested with all legislative powers of the City pursuant to § 2.01 of the City Charter.
      CITY ENGINEER. The designee of the or the consulting engineering firm engaged by the for engineering services, or an employee of that firm who is registered to practice engineering in the .
      CITY MANAGER. The individual employed by the pursuant to § 3.01 of the City Charter who shall be the chief executive officer and chief administrative officer of the .
      CITY UTILITY POLE (Telecommunications). A owned by the and located in the .
      CLEAR TRUNK (Tree Preservation). The distance between the top of the root ball along the vertical trunk or trunks of a to the point at which lateral branching or fronds begin.
      THE CODE, or CITY CODE. The Code of Ordinances of the .
      CODE ENFORCEMENT OFFICER. Any employee or other agent of the designated by the , whose duties are to ensure compliance with the .
      COLLECTOR ROAD. A road having that meaning given in F.S. § 334.03(4).
      COLLOCATION (Telecommunications). The situation when a second or subsequent wireless provider uses an existing to locate a second or subsequent . The term includes the ground, platform, or installation of equipment enclosures, cabinets, or , and cables, brackets, and other equipment associated with the location and operation of the .
      COLLOCATION OR COLLOCATE (Telecommunications-Small Wireless Facilities in Public Rights-Of-Way). To install, mount, maintain, modify, operate, or replace one or more on, under, within, or adjacent to a or . The term does not include the installation of a new or in the .
      COMMERCIAL ESTABLISHMENT. A business, location, or place that conducts or allows to be conducted on its an activity for .
      COMMERCIAL GAIN. Operated for pecuniary gain, which shall be presumed for an establishment that has received a . For the purpose of this Code, operation for commercial or pecuniary gain shall not depend on actual profit or loss.
      COMMERCIAL HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature:
      (1)   Which advertises for sale any merchandise, product, services, commodity, or thing;
      (2)   Which directs attention to any business or mercantile or or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales;
      (3)   Which 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; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given, or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety, and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving, or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any of this , or under any ordinance of this or municipality located within Broward County; or
      (4)   Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any so engaged as advertiser or distributor.
      COMMERCIAL MAIL RECEIVING AGENCY (CMRA). A business that rents or leases, for a fee, mailboxes or other mail receiving capabilities to the general public or otherwise allows the public to receive mail or packages at a location other than the consumer’s home or place of employment.
      COMMERCIAL MOBILE RADIO SERVICES (Telecommunications). Per § 704 of the Telecommunications Act of 1996, any of several technologies using radio signals at various frequencies to send and receive voice, data and video.
      COMMERCIAL TRASH (Solid Waste). Every waste accumulation of dust, paper, paper cartons, cardboard cartons, excelsior, rags, or other accumulations that are usually attendant to the operations of a business or .
      COMMON AREA. The portion of land(s) within a that is owned by an of the property within the or the of the and is available for use by, or the benefit of, the occupants of the .
      COMMUNICATIONS ACT (Telecommunications). The Communications Act of 1934, 47 U.S.C. 151 et seq.
      COMMUNICATIONS FACILITIES PROVIDER (Telecommunications). Any operating one or more located within the , who is engaged, directly or indirectly, in the business of leasing, licensing, subleasing, subletting or hiring to one or more all or a portion of the tangible personal property used in a .
      COMMUNICATIONS FACILITY (Telecommunications). Any permanent or temporary plant, equipment and property, including but not limited to cables, wires, conduits, ducts, fiber optics, , converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained or to be placed or maintained in the of the and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer .
      COMMUNICATIONS SERVICES (Telecommunications). The transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. , as defined under federal , 47 U.S.C. 332(c)(7)(C), and includes but is not limited to, cellular personal Communications Services, specialized mobile radio, enhanced specialized mobile radio, and paging service, and Personal Wireless Service providers, to the extent allowed by applicable , may be subject to other ordinances of the and may require separate authorization from the for placement of facilities within the .
      COMMUNICATIONS SERVICES PROVIDER (Telecommunications). Any making available or providing through the placement or maintenance of a in , including, but not limited to, and and certificate holders, , and .
      COMMUNITY CENTER. A or group of used for social, cultural, and educational activities and designed to accommodate and serve significant segments of the community.
      COMPUTER SIMULATION (Simulated Gambling Device). A simulation by means of a computer, computer system, video display, video system or any other form of electronic video presentation.
      CONCURRENCY. The requirement that necessary public facilities and services to maintain the ’s adopted level of service standards, as set forth in the City ’s Comprehensive Plan, when the impacts of occur.
      CONFINED SPACE RESCUE. Rescue from areas not intended for continual employee occupancy, that have limited means of egress, and have the potential for physical, chemical, or atmospheric engulfment.
      CONSTRUCTION. The placement, assembly, erection, substantial repair, alteration or demolition of a or on land, the placement of concrete, asphalt, similar materials on land, or grading or earthwork of land.
      CONSTRUCTION AND DEMOLITION DEBRIS (Solid Waste). All waste, , , and resulting from the or demolition of , including sand, stone, brick, wood, concrete, or plaster block, paving, Roofing, pipe shingles, renovating , sod, dead sod, limbs, and stumps.
      CONSTRUCTION WASTE (Solid Waste).   generated from , destruction, renovation, repair or alteration of and except comprised solely of material generated by excavation, or .
      CONSUMPTION OFF THE PREMISES. The selling of beers, wines, etc., in the original unbroken containers to be taken by the purchaser off the where sold before being consumed.
      CONSUMPTION ON THE PREMISES. Consumption of all beers, wines, or of every kind on the where sold, or the right to sell such beverages by the drink or bottle.
      CONSUMPTIVE USE PERMIT (CUP) (Landscape Irrigation Conservation). A permit issued pursuant to Chapter 40E-2, F.A.C., authorizing the consumptive use of water.
      CONTAINER (Solid Waste). Any detachable container designed or intended to be mechanically serviced and varying in size from two to 40 cubic yards.
      CONTAINER CONTRACTOR (Solid Waste). The , firm, or corporation designated by the to provide and collection services pursuant to this .
      CONTINUING CONTRACT (Acquisitions). This term has the meaning given in F.S. § 287.055.
      CONTRACTOR (Lobbyist Regulation). Any or entity having a contract with the .
      CONTRIBUTING RESOURCE (Historic Preservation). A , site, , or object that adds to the historic, architectural, archaeological, or paleontological significance of a .
      CONVENIENCE BUSINESS.
      (1)   Any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11:00 p.m. and 5:00 a.m. The term Convenience Business does not include:
         (a)   A business that is solely or primarily a .
         (b)   A business that always has at least five employees on the after 11:00 p.m. and before 5:00 a.m.
         (c)   A business that has at least 10,000 square feet of retail floor space.
      (2)   The term Convenience Business does not include any business in which the or members of his or her family work between the hours of 11:00 p.m. and 5:00 a.m.
      CONVENIENCE STORE. An establishment engaged in the retail sale of food, beverages, and other frequently or recurrently needed items for household use or consumption.
      COVERED INDIVIDUAL (Lobbyist Regulation). Any member of the City Commission.
      CUBICLE. Work space measuring less than 36 square feet.
      CUL-DE-SAC. Minor intersecting another at one end and terminating at the other end with a circular vehicular turn-around.
      CURFEW (Emergency Management). An order prohibiting or restricting pedestrian and vehicular movement, and/or Parking, during certain designated hours and throughout the entire or portions thereof.
      CUSTOMER.
         CUSTOMER, COMMERCIAL/OFFICE (Utilities). A non-governmental Customer that is neither a Residential Customer nor an Industrial Customer.
         CUSTOMER, INDUSTRIAL (Utilities). A Customer that obtains a service for the purpose of manufacturing, producing, assembling, or processing one or more products, and either the average quantity of service required for that purpose exceeds 25,000 gallons per day, or the type of generated by that purpose, prior to any , is such that without the conditions of , as defined herein, would be applicable.
         CUSTOMER, RESIDENTIAL (Utilities). The of property where service is obtained for use in in which each occupant normally retains control of the unit for at least one month at a time.
         CUSTOMER, SOLID WASTE (Solid Waste). Any , firm, corporation, , or other entity that contracts with a for the collection and disposal of from any real property located within the .
         CUSTOMER, UTILITY (Utilities). The responsible for payment of the security deposit and monthly service charges. This shall be either the of the property or an individual or corporate entity authorized by the to open the account.
      DEBRIS. All types of waste, , , , and .
      DEMOLITION (Historic Preservation). Any act that destroys in whole or in part a .
      DEMOLITION BY NEGLECT (Historic Preservation). Improper or inadequate maintenance of a that results in its substantial deterioration and threatens the continued preservation of the .
      DESIGNATED SMOKING GUEST ROOMS AT PUBLIC LODGING ESTABLISHMENTS (Prohibited Acts). The sleeping rooms and directly associated private areas, such as bathrooms, living rooms, and kitchen areas, if any, rented to guests for their exclusive transient occupancy in public lodging establishments, including hotels, motels, vacation rentals, transient apartments, transient lodging establishments, roominghouses, boardinghouses, bed and breakfast inns, and the like; and designated by the person or persons having management authority over such public lodging establishment as rooms in which smoking or the use of may be permitted.
      DETENTION AREA (Engineering Standards). An area designed to delay runoff prior to discharge into receiving waters.
      DEVELOPER’S AGREEMENT. An agreement between a developer and the that establishes the developer’s responsibility regarding project phasing, the provision of public and private facilities, and improvements and any other mutually agreed to terms and requirements.
      DEVELOPMENT. The term has the meaning given in F.S. § 380.04.
      DEVELOPMENT ORDER. An order authorizing the granting, denying, or granting with conditions of an application for a .
      DEVELOPMENT PERMIT. This term has the meaning given in F.S. § 163.3164(8).
      DEVELOPMENT PLAN. A type of plan that becomes part of the zoning for a property that reflects the location of , easements, Parking arrangements, public access, pattern, , signage and other similar features.
      DEVICE (Simulated Gambling Device). Any mechanical or electrical contrivance, computer, terminal, video or other equipment that may or may not be capable of downloading from a central server system, machine, computer or other device of equipment. The term “device” also includes any associated equipment necessary to conduct the operation of the device.
      DIAMETER BREAST HEIGHT (DBH) (Tree Preservation). The diameter of the trunk(s) measured at four and one-half feet above the top of the rootball.
      DISASTER. A natural or human-caused event or occurrence that results in substantial injury or harm to the population or substantial damage to or loss of property.
      DISASTER DEBRIS.   and caused by a .
      DISCHARGE (Hazardous Substances). Any intentional or unintentional act or failure to act that results in the releasing, spilling, pumping, pouring, emitting, emptying, or dumping of a Hazardous Substance, or substantial threat of Discharge, upon any real or personal property located within the , and which in the determination of the Fire Chief or designee, poses an unreasonable and imminent risk to life, health, safety, or welfare of persons or property within the .
      DISTRIBUTION MAIN (Utilities). Any pipe in a system by which is carried from the to one or more water .
      DISTRICT, WATER MANAGEMENT. The South Florida Water Management District.
      DRAINAGE FACILITIES. A system of water bodies, and pipes designed to collect, convey, hold, divert or discharge .
      DRIPLINE (Tree Preservation). The peripheral limits of the horizontal crown of a spread vertically to the ground; provided, however, that the same shall not be less than a circle with a five-foot radius measured from the center of the .
      DRIPLINE ENCROACHMENT (Tree Preservation). Any activity that has the effect of causing soil compaction, injury to lower limbs, grade change, contamination of soil, or damage to the root system. Specifically, this definition shall include acts such as Parking of vehicles, use of heavy earth moving or grading equipment, placement of materials, excavation and filling, trenching and the exposure of paints, oils, or chemicals within a ’s . Specifically excluded from this definition are routine maintenance activities such as mowing or walking within the ’s .
      DRIVE-THROUGH FACILITY. Any place of business that serves, sells or otherwise makes available its services or products to patrons while they remain in their .
      DUPLEX. Two attached by a common party or firewall in one .
      DWELLING. Any or that is wholly or partly used or intended to be used for living and sleeping, including but not limited to houses, , condominiums, apartments and mother-in-law units.
      DWELLING UNIT. Any Building or Structure that is wholly or partly used or intended to be used for living and sleeping, including but not limited to houses, Townhouses, condominiums, apartments and mother-in-law units.
      ECOLOGICAL COMMUNITY. Any one of the native vegetative plant communities determined pursuant to Chapter 5, Article XII, “Natural Resource Areas,” Broward County Code of Ordinances.
      EDUCATIONAL INSTITUTION (Land Use and Adult Business). A or site upon which there is an institution of learning, whether public or private, which conducts regular classes, courses of study, or both, required for accreditation by or membership in the Department of Education of Florida, Southern of Colleges and Secondary Schools, or the Florida Council of Independent Schools. The term Educational Institution includes a or site upon which there is a day care center, nursery school, pre-kindergarten, , middle school, high school; professional institution, or an institution of higher education, including a community college, junior college, or four-year college or university; libraries, art galleries and museums open to the public; or special institution of learning.
      EDUCATIONAL INSTITUTIONS (Business Tax).   tax-supported or parochial, church and nonprofit , colleges, or universities conducting regular classes and courses of study required for accreditation by or membership in the Southern of Colleges and Schools, the Department of Education, or the Florida Council of Independent Schools. Nonprofit libraries, art galleries, and museums open to the public are defined as and eligible for exemption.
      EFFECTIVELY DESTROY (Tree Preservation). To cause, suffer, allow, or permit any act that will cause a to die or go into a period of unnatural decline within a period of one from the date of the act. Acts which may Effectively Destroy a include, but are not limited to, damage inflicted upon the root system by heavy machinery, excessive trimming, changing the natural grade above the root system or around the trunk, damage inflicted on the permitting infection or pest infestation, application of herbicides or other chemical agents or intentional fire damage to the permitting infection or pest infestation, the infliction of a trunk wound that is 50% or greater of the circumference of the trunk, or the removal of sufficient canopy to cause the unnatural decline of the .
      ELECTED OFFICIAL (Lobbyist Regulation). Any member of the .
      ELECTRIC VEHICLE. Any vehicle that operates either partially or exclusively, on electrical energy from the grid or an off-board source that is stored on-board for motive purposes.
      ELECTRIC VEHICLE CHARGING STATIONS. A parking space that is served by that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy source device in an .
      EMERGENCY. An unplanned or unexpected event that requires immediate action in order to prevent or remedy a service outage; or to prevent or remedy a situation that presents an immediate danger to human life, health or safety or a significant loss or damage to property, and where failure to take immediate action would enhance the risk of loss or prolong the delay in restoring service to . Routine repairs and planned refurbishment do not constitute Emergencies.
      EMERGENCY PERTAINING TO ACTS OF VIOLENCE. Any act of violence or a flagrant and substantial defiance of, or resistance to, a lawful exercise of public authority and that on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general widespread disobedience of the , and substantial injury to persons or to property, all of which constitute an imminent threat to public peace or order and to the general welfare of the residents and citizens of the , or parts thereof.
      EMERGENCY PERTAINING TO DISASTER. Any occurrence, or threat thereof, whether natural, technological, or man-made, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property.
      EMPLOYEE (Adult Business). A who works or performs in an , irrespective of whether the is paid a salary or wage by the or manager of the . Employee shall include a person who pays a form of consideration to an or manager of an for the privilege of working, performing, or exposing his or her within the .
      ENCLOSED INDOOR WORKPLACE (Prohibited Acts). Any place where one or more persons engages in , and which place is predominantly or totally bounded on all sides and above by , regardless of whether such barriers consist of or include, without limitation, uncovered openings; screened or otherwise partially covered openings; or open or closed windows, jalousies, doors, or the like. A place is “predominately” bounded by s during any time when both of the following conditions exist:
      (1)   It is more than 50 percent covered from above by a that excludes rain; and
      (2)   More than 50 percent of the combined surface area of its sides is covered by closed s. In calculating the percentage of side surface area covered by closed s, all solid surfaces that block air flow, except railings, must be considered as closed s. This section applies to all such and enclosed parts thereof without regard to whether is occurring at any given time.
This term does not include any facility owned or leased by and used exclusively for noncommercial activities performed by the members and guests of a , including social gatherings, meetings, dining, and dances, if no person or persons are engaged in .
      ENCOUNTER STUDIO (Adult Business). All offering nude encounter sessions, encounter sessions between males and females, nude dance encounter sessions, and sexual consultations.
      ENCROACHMENT. The protrusion of a use, plant growth, fill, excavation, , permanent or into a space or area where it is not permitted.
      ENFORCEMENT OFFICER. A police , a police service aide, a , or any other designated by , or by the to enforce the .
      ENGINEER. A person registered to engage in the practice of engineering under F.S. §§ 471.001-471.037, and includes the terms “professional Engineer “and “registered Engineer.”
      ENGINEER OF RECORD. A Florida professional who is responsible for the preparation, signing, dating, sealing and issuing of any engineering document(s) for any engineering service or creative work.
      ENVIRONMENT. Includes, but is not limited to, ambient air, surface water, land surface, subsurface soil strata, or groundwater.
      ENVIRONMENTAL REGULATION. Any federal, , county, or local relating to pollution or protection of the . It includes, but is not limited to, any federal, , county, or municipal statute or regulation that pertains, in whole or part, to any existing or potential emission, , or release of any pollutant, contaminant, chemical, toxic waste, hazardous waste, or into the . The term Environmental Regulation also includes, without limitation, any such statute or regulation relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of any pollutant, contaminant, chemical, toxic waste, hazardous waste, or .
      ENVIRONMENTALLY SENSITIVE LANDS. Those lands identified and mapped under the 1989 Environmentally Sensitive Lands (ESL) Bond Program that are considered to be ecologically valuable.
      EQUIPMENT FACILITY (Telecommunications). A room, cabinet, shelter, pedestal, build-out of an existing , , or similar used to house ancillary equipment for a or . Each such cabinet, shelter, or shall be considered a separate Equipment Facility.
      EQUIVALENT RESIDENTIAL CONNECTION (ERC) (Utilities). A unit of measurement used to identify the annual average water consumption for an average in each of the various categories of of the ’s . One ERC is defined to be the annual average consumption per unit for all in the . From time to time, the shall review consumption data, primarily within the but when necessary from data available in technical literature, and establish for each category of the ERC value of that category.
      ESSENTIAL SERVICES (Telecommunications). Those services provided by the and other governmental entities that directly relate to the health and safety of its residents, including fire, police and rescue.
      ESTABLISHMENT (Adult Business). The Site or on which the is located, including the interior of the Establishment, or portion thereof, upon which certain activities or operations are being conducted for .
      EVEN-NUMBERED ADDRESS (Landscape Irrigation Conservation). An ending in the numbers 0, 2, 4, 6, 8, or or other locations with no , or the letters A-M.
      EXCAVATE or EXCAVATION. To dig into or in any way remove or physically disturb or penetrate any earth or water body.
      EXCAVATION WITH BLASTING. The taking of natural materials or deposits from their natural state and location aided by the use of explosive materials or other techniques designed to fracture rock by vibration or compression. with Blasting shall not mean the taking of natural materials or deposits from their natural state and location by use of digging or scraping machinery.
      EXISTING LANDSCAPING (Landscape Irrigation Conservation). Any which has been planted and in the ground for more than 90 days.
      EXISTING STRUCTURE (Telecommunications). A that exists at the time an application for permission to place an on a is filed with the . The term includes any that can structurally support the attachment of an in compliance with applicable codes.
      EXTERIOR (Historic Preservation). All outside surfaces or elements of a or structure.
      EXTERIOR LIGHTING. Illumination emanating from any source, including walkways, marquees, and hallways exposed toward the property line.
      EXTERMINATION. The control of insects, rodents or vermin or other pests by destroying their nesting places, by removing or making inaccessible those materials that may serve as their food, by poisoning, spraying, fumigating, trapping or by any other approved methods.
      EXTRAORDINARY CONDITIONS (Telecommunications). Subsequent to a hurricane, flood, or other natural hazard or subsequent to a defective finding on a previous inspection.
      FAÇADE. The entire wall, including wall face, , fascia, windows, doors, canopy, and on any complete elevation.
      FAMILY. One Person or a group of two or more living together and interrelated by bonds of consanguinity, marriage or legal adoption, or a group of not more than three in number who are not so interrelated, occupying the whole or part of a as a separate housekeeping unit with a single set of culinary facilities. The Persons thus constituting a Family may also include gratuitous guests and domestic servants. Any Person under the age of 18 years whose legal custody has been awarded to the State Department of Children and Family Services (DCF) or to a child-placing agency licensed by DCF, or who is otherwise considered to be a foster child under the laws of the State, and who is placed in foster care with a Family, shall be deemed to be related to and a member of the Family for the purposes of this Chapter. Nothing herein shall be construed to include any roomer or boarder as a member of a Family.
      FELONY SEXUAL OFFENSE. A conviction of a violation of laws enumerated under F.S. §§ 775.21(4), and/or 943.0435(1)(h), or equivalent laws from other jurisdictions, regardless of whether adjudication has been withheld.
      FILED FOR PUBLIC INSPECTION (Lobbyist Regulation). The form is completed legibly and is filed with the , with a copy of the form or all information contained thereon inputted into the 's governmental database, which database shall be searchable by internet.
      FINAL DECISION-MAKING AUTHORITY (Lobbyist Regulation).
      (1)   The ;
      (2)   The Mayor;
      (3)   Final decision-making bodies under the jurisdiction of the ;
      (4)   Any employee, official, or committee of the that has authority to make a final decision to select a vendor or provider in connection with a public procurement by the ; and
      (5)   Any other quasi-judicial boards, appointed boards, and commissions of the .
      FINAL ENGINEERING INSPECTION. The last on-site inspection performed by the or his or her designee for the purpose of determining that the constructed improvements are in accordance with the ’s engineering standards and .
      FIRE CODES (Fire and Safety). Florida Fire Prevention Code (FFPC), Broward County Local Fire Code Amendments (BCLA), National Fire Protection Association (NFPA), Florida Administrative Code (FAC) 60A Rules and State Fire Marshal’s Uniform Rules and Regulations are referred to collectively as the Fire Codes.
      FIRE FLOW. The rate of flow and pressure necessary to provide an adequate capability to fight a fire.
      FISCAL YEAR. The period of time beginning on October 1 of any year and ending September 30 of the following year.
      FLAG. A piece of fabric with a color or pattern that represents a government, or other noncommercial organization or idea.
      FLORIDA MASTER SITE FILE (FMSF) (Historic Preservation). An archive and database of all known archaeological and historical sites and districts recorded within the State of Florida, as maintained by the Florida Department of State, Division of Historical Resources.
      FLORIDA SITE FILE. A comprehensive listing of all recorded cultural resources, including those listed in the National Register, maintained by the Department of , Division of Historical Resources.
      FOOTCANDLE. The amount of illumination provided by one lumen uniformly distributed on one square foot of surface.
      FORCE MAIN (Utilities). A pipe in a in which flow is caused by the force of one or more pumps.
      FORM 1583. The standard application form that the United States Postal Service requires to be completed by renters of mailboxes, which includes personal identification data of the renter including, but not limited to, name, address, date of birth, telephone number, and driver’s license number (Domestic Mail Manual, § 2.0: Delivery to Another).
      FRANCHISE (Telecommunications). An initial authorization or renewal of an authorization, regardless of whether the authorization is designated as a , permit, license, resolution, contract, certificate, agreement, or otherwise, to construct and operate a Cable System or network facilities in the .
      FRONTAGE. That side of the property line abutting a legally accessible Right-Of-Way. On a corner lot, the Frontage may be designated by the , subject to the approval by the who will determine whether it is consistent with the orientation of the other lots and improvements on the same side of the accessible .
      FRONTAGE WALL FACE. The   , excluding , fascia, soffit, mansard, and , which faces the legally accessible .
      FUEL STATION. A retail place of business engaged in the retail sale of motor fuels and may include accessory activities such as the sale of vehicle accessories or supplies, the lubrication of , the minor adjustment or minor repair of , the sale of convenience food items, or an accessory .
      GAME (Simulated Gambling Device).  , poker, bingo, craps, keno, any other type of game ordinarily played in a casino, a game involving the display of the results of a raffle, sweepstakes, drawing, contest or other promotion, lotto, sweepstakes, and any other game associated with gambling, but the term “game” does not necessarily imply gambling as that term may be defined elsewhere.
      GARBAGE (Solid Waste). Putrescible and vegetable wastes resulting from the handling, preparation, cooking, consumption, decay, and storage of food. The term Garbage shall include combustible waste such as paper, rags, and boxes used in connection with the distribution or storage of food and glasses, bottles, tin cans, or other disposable receptacles of food or food products.
      GARDEN APARTMENT. Three or more attached in a two- or three-   with each unit being only one .
      GEOGRAPHIC SEARCH AREA (Telecommunications). That initial circular area that has a radius of no less than one mile designated by a wireless provider or operator for a new . The Geographic Search Area shall be determined based upon engineering considerations including grids, frequency coordination and levels of service consistent with good engineering practices.
      GOLF CART. A that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 mph, including vehicles modified to have a cargo platform or bin to transport parcels or a hitch to tow a .
      GOOD STATE OF REPAIR (Vehicles and Vessels). Fully functioning as originally intended, maintained in accordance with federal, and local Laws, rules and ordinances, clean, safe and reasonably comfortable for ordinary intended use.
      GOVERNMENT PARCEL. A parcel owned by the United States of America or any agency thereof, a sovereign state or nation, the of Florida or any agency thereof, a county, a special district, school district or a municipal corporation.
      GPD (Utilities). Gallons per day.
      GPM (Utilities). Gallons per minute.
      GRAVITY MAIN (Utilities). A pipe in a in which flow is caused by force of gravity.
      GREASE TRAPS. Interceptors that collect grease and oil waste from facilities producing greasy wastes.
      GROSS SQUARE FOOTAGE (GROSS FLOOR AREA). The sum (in square feet) of the area of each floor level, measured from principal outside faces of exterior walls, including, but not limited to, basements, corridors, hallways, utility areas, elevators, storage rooms, stair cases, mezzanines, areas that are Roofed but not enclosed and all other areas that have floor surfaces with clear standing head room at a minimum of six feet, six inches.
      GROUND COVER. Dense, low-growing plants that substantially cover the ground and generally do not exceed a height of 24 inches at maturity, but not including sod.
      GUYED TOWER (Telecommunications). A that is supported, in whole or in part, by guy wires and ground anchors.
      HABITABLE ROOM. A fully enclosed space, or portion thereof, intended to be used or usable for living, sleeping, cooking or eating purposes.
      HATRACKING (Tree Preservation). To sever the leader or leaders or to a by stubbing of mature wood.
      HAULER (Solid Waste). Any , firm, corporation, or other entity which is engaged in the business of collecting and/or disposing of .
      HAZARDOUS SUBSTANCE OR TECHNICAL RESCUE INCIDENT (Cost Recovery). Any , , , , aerial rescue, Structural or Trench Collapse Rescue, Hazardous Substance abatement efforts, and other similar incidents occurring within the corporate boundaries of the , or other jurisdictions where mutual aid services are provided by the , and which, in the determination of the , pose an unreasonable and imminent risk to the life, health, safety, or welfare of persons, entities or property within the .
      HAZARDOUS SUBSTANCES. Any substance, material, biological organism, bacterium or virus in a quantity or form which poses an unreasonable and imminent risk to the life, health, safety, or welfare of persons, entities or property within the , and shall include, but not be limited to, those Hazardous Substances listed in the “N.F.P.A. Guide on Hazardous Materials” or the E.P.A.’s list of extremely Hazardous Substances, or the “Florida Substance List” promulgated by the Department of Labor and Employment Security, or as listed in any other applicable federal, , or local Laws or regulations.
      HAZARDOUS SUBSTANCES COSTS (Cost Recovery). All those necessary and reasonable expenses incurred by the in connection with investigating, mitigating, minimizing, cleaning, removing, or abating of . Such costs shall include, but are not limited to:
      (1)   Disposable materials and supplies acquired, consumed, and expended as a result of the .
      (2)   Full cost recovery for compensation of employees for the time devoted specifically to the .
      (3)   Rental or leasing of equipment used specifically for the .
      (4)   Replacement costs for equipment that is contaminated beyond reuse or repair as a result of the .
      (5)   Decontamination of equipment contaminated during the .
      (6)   Special technical services specifically required as a result of the .
      (7)   Other special services specifically required as a result of the .
      (8)   Laboratory costs for purposes of analyzing samples taken during the .
      (9)   Costs associated with the services, supplies, and equipment procured for a specific evacuation.
      (10)   Cost of disposal of any .
      HEALTH SPA. All health studios, exercise salons, relaxation spas, health salons, health clubs, and adult relaxation spas.
      HEAVY EQUIPMENT (Home-Based Businesses). Commercial, industrial, or agricultural vehicles, equipment or machinery.
      HEAVY EQUIPMENT (Tree Preservation). Light rubber-wheeled equipment, which shall be a maximum of 48 inches wide, tire to tire, with a maximum weight of 3,500 pounds, which will not damage roots.
      HEDGE. A barrier consisting of a continuous, dense planting of installed a minimum height of 24 inches, 24-inch spread and spaced at two feet on center (O.C.). Hedges shall be planted with branches touching so as to create a solid screen with no visual spaces between plants at the time of installation. Plant spacing shall be adjusted according to plant sizes so long as a solid screen is achieved.
      HEIGHT (Structure). The vertical distance from the nearest crown of the adjacent road to the highest point of the being measured.
      HEIGHT OF SIGN. The vertical distance measured from the nearest crown of the adjacent to the top of the or , whichever is greater.
      HIGH ANGLE RESCUE. Rescue from exterior located in greater than a 60 degree inclination.
      HIGH RISE. Three or more attached in a with nine or more residential Stories (exclusive of Parking levels).
      HISTORIC DISTRICT (Historic Preservation). An area designated by the , located within defined geographic boundaries, which contains two or more and which may contain and vacant land within its boundaries.
      HISTORIC RESOURCE (Historic Preservation). A , structure, object, site, or other real or personal property, excluding living things, of historic, architectural, archaeological, or paleontological value, including an individual resource, , or , or vacant land within a that is individually designated by the as a .
      HOME-BASED BUSINESS (Home-Based Businesses). Any business that operates, in whole or part from a within the and meets the criteria set forth in § 80.01 of the .
      HOMEOWNERS’ ASSOCIATION. A Homeowners’ or Condominium as defined in F.S. §§ 720.301(9) and 718.103(2).
      HOSPITAL. A health care institution licensed by the Agency for Health Care Administration as a under F.S. Chapter 395 that:
      (1)   Offers services more intensive than those required for room, board, personal services, and general nursing care, and offers facilities and beds for use beyond 24 hours by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality, disease, or pregnancy; and
      (2)   Regularly makes available at least clinical laboratory services, diagnostic X-ray services, and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent, except that a critical access hospital, as defined in F.S. Chapter 408.07, shall not be required to make available treatment facilities for surgery, obstetrical care, or similar services as long as it maintains its critical access hospital designation and shall be required to make such facilities available only if it ceases to be designated as a critical access hospital.
      HOTEL/MOTEL. An establishment requiring a license by the of Florida that is used, maintained or advertised as a place where furnished sleeping accommodations are supplied for short term rent to guests or with no unit therein occupied by the , same or group of in excess of 90 days within any 12-month period.
      HOTEL UNIT. Any contained within a .
      HOUSEHOLD WASTE (Solid Waste). The and ordinarily generated by a on a daily basis. This definition excludes waste that requires special handling or management such as discarded appliances, waste tires, used oil, lead-acid batteries, , ash residue, yard , biological wastes and hazardous waste as defined in F.S. § 403.703.
      HURRICANE SEASON. From June 1 to November 30 of each calendar .
      HURRICANE WATCH. An announcement that hurricane conditions (sustained winds of 74 mph or higher) are possible within the specified coastal area. Because hurricane preparedness activities become difficult once winds reach tropical storm force, the Hurricane Watch is issued 48 hours in advance of the anticipated onset of tropical-storm-force winds.
      IMPERVIOUS AREA. An area covered by a material that does not permit infiltration or percolation of water directly into the ground. shall be considered part of the Impervious Area.
      INDIVIDUAL PROFESSIONAL ENTITY (Business Tax). Any consisting of only one individual who is required to maintain an active and valid state or federal license, permit, or certificate from any state or federal agency, any state or federal licensing boards, any non-profit professional standards certification organizations or the Florida Bar in order to engage in his or her profession, and which utilizes the address of a separate taxed Business within the . An individual who is employed by the separate taxed is not deemed to be a or an Individual Professional Entity.
      INSPECTOR. Any who is authorized by the to conduct inspections pursuant to the .
      INTEGRITY (Historic Preservation). The authenticity of a resource’s historic identity, evidenced by the survival of physical characteristics that existed during the resource’s historic or prehistoric period.
      INTERCONNECTION (Telecommunications). The electronic connection of two or more Cable Systems for the purpose of sharing access programming.
      INTERESTED PERSON. Any who speaks for or against any resolution or ordinance before the or for or against any matter before any City Advisory Board and who has a direct financial interest in the action (including, but not limited to, vendors, bidders and proposers), except that occupied   shall not be deemed to have a direct financial interest in land use decisions that may affect the value of their property.
      INTERFERENCE (Utilities). A discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the , its treatment processes or operations, or its sludge processes, use, or disposal; and therefore, is a cause of a violation of the operations permit or of the prevention of sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent or local regulations: § 405 of the Act; the Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
      INTERLOCAL AGREEMENT (Solid Waste). That certain Interlocal Agreement dated November 25, 1986, by and among Broward County and the contract communities, as amended or supplemented from time to time pursuant to the provisions of the Interlocal Agreement.
      INTERMEDIATE DRIVEWAY. A driveway that provides for a maximum average daily trip volume of 2,000 vehicles and/or a maximum average peak hour volume of 200 vehicles.
      IRRIGATION. A system of piping and sprinkler heads, including valves and pumps, its use being to convey rust free water to areas.
      ITDD. The Indian Trace Development District.
      LAND CLEARING. The removal of , , and/or undergrowth by stripping or any other process, with the intention of preparing real property for non-agricultural purposes. This definition shall not include: the selective removal of non-native and species when the soil is left relatively undisturbed; removal of dead or nuisance ; or normal mowing operations.
      LANDSCAPE or LANDSCAPING. Consists of any of the following or a combination thereof: material such as, but not limited to, grass, , sods, decorative rock , berms, , , , , or palms; but excluding sand, gravel, pavers, or pavement.
      LANDSCAPE ARCHITECT. A licensed to practice Architecture under F.S. Chapter 481, Part II ( Architecture), and includes the term “registered Landscape Architect”.
      LANDSCAPE FEATURES.   features shall include, but are not limited to, fences, walls, curbs, fountains and walkways.
      LANDSCAPE IRRIGATION (Landscape Irrigation Conservation). The outside watering of shrubbery, , lawns, sod, grass, ground covers, plants, , ornamental gardens, and such other flora not intended for resale, which are planted and situated in such diverse locations as residential Landscapes, recreation areas, cemeteries, public, commercial, and industrial establishments, public medians, and , except s.
      LANDSCAPING (Landscape Irrigation Conservation). Shrubbery, , lawns, sod, grass, Ground Covers, plants, , ornamental gardens, and such other flora not intended for resale, which are situated in such diverse locations as residential Landscapes, recreation areas, cemeteries, public, commercial, and industrial establishments, public medians, and , except s.
      LAP DANCE, STRADDLE DANCE, FACE DANCE, FRICTION DANCE or FLASH DANCE. Also known as a Straddle Dance, Face Dance, Friction Dancing, or Flash Dance, shall mean the use by an or independent contractor, whether clothed or partially or totally nude, of a part of his or her body to touch, massage, rub, stroke, caress, or fondle the genital or pubic area of a while at the , or the touching of the genital or pubic area of an or independent contractor by a while at the . It shall be a Lap Dance regardless of whether the “touch” or “touching” occurs while the or independent contractor is displaying or exposing a . It shall also be a Lap Dance regardless of whether the “touch” or “touching” is direct or through a medium. However, incidental touching shall not constitute Lap Dancing.
      LARGE STUMP OR LIMB. A stump or limb with a diameter of at least 24 inches at the widest part.
      LAST PASS (Emergency Management). The final removal of by the and/or its agents.
      LATTICE TOWER (Telecommunications). A that is constructed to be self-supporting by lattice type supports and without the use of guy wires or other supports.
      LAW. All duly enacted and applicable federal, , county, and Laws, ordinances, codes, rules, regulations, and orders.
      LAWN. That portion of a lot or parcel planted with turf/grass, excluding .
      LEASED ACCESS CHANNEL (Telecommunications). A designated in accordance with § 612 of the , 47 U.S.C. 532, for commercial use by unaffiliated with the franchisee.
      LEVEL 2 BACKGROUND CHECK. A background check as described in F.S. § 435.04.
      LIFT STATION (Utilities).   pumping system designed to service locations where sanitary gravity flow is not possible without excessive depth or where there is insufficient head for gravity flow through a publically owned treatment system or plant.
      LIQUID NICOTINE. Any liquid product composed either in whole or in part of pure nicotine which can be used with .
      LIQUOR. The term has the meaning given in F.S. § 565.01.
      LITTER.   , , , and , and all other waste material which, if thrown, deposited or dumped as prohibited in §§ 52.25 et seq., tends to create a danger to public health, safety, and welfare.
      LOBBYING OR LOBBYING ACTIVITIES (Lobbyist Regulation). A communication, by any means, from a to a regarding any item that will foreseeably be decided by a , which communication seeks to influence, convince, or persuade the to support or oppose the item. Lobbying does not include communications:
      (1)   Made on the record at a duly-noticed public meeting or hearing; or
      (2)   From an attorney to an attorney representing the regarding a pending or imminent judicial or adversarial administrative proceeding against the .
      LOBBYIST (Lobbyist Regulation). A person who is retained, with or without compensation, for the purpose of , or a person who is employed by another person or entity, on a full-time or part-time basis, principally to on behalf of that other person or entity. Lobbyist does not include a person who is:
      (1)   An , employee, or appointee of Broward County or of any municipality within Broward County communicating in his or her official capacity.
      (2)   An individual who communicates on his or her own behalf, or on behalf of a person or entity employing the individual on a full-time or part-time basis, unless the individual is principally employed by that person or entity to .
      (3)   Any employee, officer, or board member of a Homeowners' Association, condominium Association, or neighborhood Association when addressing, in his or her capacity as an employee, officer, or board member of such Association, an issue impacting the Association or its members; or
      (4)   Any employee, an officer, or a board member of a nonprofit public interest entity (e.g., Sierra Club, NAACP, ACLU) when addressing an issue impacting a constituent of that entity.
      LOCAL STREET. A having that meaning given in F.S. § 334.03(15).
      LOGO. A symbol used to identify an entity, product or service.
      LOITER or LOITERING. To stand around or move slowly about, to spend time idly, to saunter, to delay.
      LOOSE CONSTRUCTION DEBRIS.  , or left loose or unsecured at a site.
      LOOSE CONSTRUCTION MATERIALS (Emergency Management). All materials, including but not limited to loose or unsecured wood, bricks, blocks, metals and tiles, that are placed at a site, and which materials are not being currently used in the at the site.
      LOOSE VEGETATIVE DEBRIS. Vegetative Debris made up of small particles, including but not limited to leaves, needles, grass, moss, bark, and .
      LOT. A parcel or tract of land designated and identified as a single unit of area.
      LOW INCOME PERSON. One or more natural or a family, not including students, that has a total annual anticipated income for the household that does not exceed 80% of the median annual income, as published by the U.S. Department of Housing and Urban Development, adjusted for family size for the county. While occupying a rental unit, a Low Income ’s annual anticipated gross income may increase to an amount not to exceed 140% of 80% of the applicable median income adjusted for family size.
      LOW VOLUME HAND WATERING (Landscape Irrigation Conservation). The watering of by one , with one hose, fitted with a self-canceling or automatic shutoff nozzle.
      LOW VOLUME IRRIGATION (Landscape Irrigation Conservation). The use of equipment and devices specifically designed to allow the volume of water delivered to be limited to a level consistent with the water requirement of the plant being irrigated, and to allow the water to be placed with a high degree of efficiency in the root zone of the plant. The term also includes water used in mist houses and similar establishments for plant propagation. Overhead and flood are not included.
      MACHINERY (Land Development). Any motorized intake vents, motorized exhausts, heating, ventilating and air conditioning equipment or units, solar collectors and all other similar types of mechanical equipment.
      MAJOR DRIVEWAY. A driveway that provides for a maximum average daily trip volume of 5,000 vehicles and/or a maximum average peak hour volume of 500 vehicles.
      MANUFACTURING FACILITY (Business Tax). A or location used primarily for the production or alteration of merchandise or commodities.
      MAP OF ENVIRONMENTALLY SENSITIVE LANDS. The Conservation Map prepared as part of the City Comprehensive Plan that identifies areas of native communities or conservation areas within the .
      MARIJUANA (Medical Marijuana). Any strain of cannabis or , in any form, that is authorized by law to be dispensed or sold in the of Florida. Also referred to as “Medical Marijuana.”
      MASS (Historic Preservation). The envelope or cubic footage of the structure, including, but not limited to, all habitable space, garages, attics, storage areas, and porches.
      MASSAGE FACILITY. A Florida Licensed Massage Establishment providing Florida Licensed Massage Therapists whose services are Therapeutic Massage and Bodywork. The establishment may include hydrotherapy, steam, and sauna facilities and services.
      MASTER DEVELOPMENT PLAN. A comprehensive that includes current and proposed property uses, proposed land and zoning criteria, and the layout of design and infrastructure components.
      MEDIAN. The area between   .
      MEDICAL MARIJUANA RETAIL CENTER. A retail establishment, licensed by the Florida Department of Health as a “Medical Marijuana Treatment facility,” “,” “dispensing organization,” “dispensing organization facility” or similar use, that sells and dispenses Medical .
      MEDICAL WASTE (Solid Waste). Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
      MEMBERSHIP ASSOCIATION (Prohibited Acts). A charitable, nonprofit, or veterans’ organization that holds a current exemption under Section 501(c)(3), (4), (7), (8), (10), or (19) or Section 501(d) of the Internal Revenue Code.
      MICRO WIRELESS FACILITY (Telecommunications). A having dimensions no larger than 24 inches in length, 15 inches in width, and 12 inches in height and an exterior antenna, if any, no longer than 11 inches.
      MICROCELL FACILITY (Telecommunications). A consisting of an and related equipment that is located either on a Telecommunications or affixed to a in some fashion for the provision of wireless Services.
      MICRO-IRRIGATION (Landscape Irrigation Conservation). The application of small quantities of water on or below the soil surface as drops of tiny streams of spray through emitter or applicators placed along a water delivery line. Micro-Irrigation includes a number of methods or concepts such as bubbler, drip, trickle, mist or microspray, and subsurface .
      MICROWAVE DISH ANTENNA (Telecommunications). A dish-like used to link sites together by wireless transmission and/or receipt of voice or data.
      MID RISE. Three or more attached in a with four to eight residential stories (exclusive of Parking levels).
      MINOR DRIVEWAY. A driveway that provides for a maximum average daily trip volume of 400 vehicles and/or a maximum average peak hour inbound right-turn volume of 40 vehicles.
      MOBILE HOME. Has the same meaning given in F.S. § 320.01(2), and includes only those Mobile Homes in which permanent residential habitation is permitted by applicable land regulations.
      MOBILE VENDING VEHICLE. Any vehicle, cart, or apparatus, a designated space for which is not shown on an approved site plan, used for the sale, or offer for sale, of goods or services, not including .
      MOBILE VENDOR. Any engaged in the selling, or offering for sale, of goods or services from a , not including Refueling From Tank Vehicles.
      MODERATE INCOME PERSON. One or more natural or a family, not including students, that has a total annual anticipated income for the household that does not exceed 120% of the median annual income, as published by the U.S. Department of Housing and Urban Development, adjusted for family size for households within the county. While occupying a rental unit, a Moderate Income ’s annual anticipated gross income may increase to an amount not to exceed 140% of 120% of the applicable median income adjusted for family size.
      MODULAR NEWSRACK. A connected grouping of two to six within a single unit or .
      MONOPOLE TOWER (Telecommunications). A consisting of a single or spire self-supported on a permanent foundation, constructed without guy wires, ground anchors, or other supports.
      MULCH. Nonliving organic, arsenic free material customarily used in design to enrich the soil, control weeds, retard erosion and retain moisture.
      NATIONAL REGISTER OF HISTORIC PLACES (Historic Preservation). The list of historic properties significant in American history, architecture, archaeology, engineering, and culture, maintained by the Secretary of the Interior, as established by the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.).
      NEIGHBORHOOD FACILITY. A facility intended to serve or accommodate the needs of a specific segment of a community or area.
      NEW CONSTRUCTION (Historic Preservation). Any new , structure, object, or to a .
      NEW LANDSCAPING (Landscape Irrigation Conservation). Any which has been planted in the ground for 90 days.
      NEWSRACK. A self-service, non-coin-operated or coin-operated box, container, storage unit, pocket, compartment, or other dispenser installed, used, or maintained for the display, sale, or distribution of a particular newspaper or other news periodicals.
      NICOTINE VAPORIZER. Any electronic or battery-operated device that can be used to deliver an inhaled dose of nicotine or other substances and includes those composed of a mouthpiece, heating element, and battery or electronic circuits that provide a vapor of and/or other substances to the user. This term shall include such devices whether they are manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, an e-cigarette, an e-cigar, e-cigarillo, an e-pipe and e-hookah or under any other product name.
      NONCOMMERCIAL HANDBILL. Any printed or written matter, any sampler or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature, excluding .
      NONCONTRIBUTING RESOURCE (Historic Preservation). A resource within a that is not historically or architecturally compatible with within the district.
      NON-TECHNICAL RESCUE. Rescue from exterior located in less than a 40 degree inclination, which may be handled by first arriving units having sufficient equipment and training to assist the victims.
      NONVEHICULAR ACCESS LINE or NONVEHICULAR INGRESS AND EGRESS LINE. A line illustrated on a that prohibits installation of driveways for regular use by .
      NON-WATER MANAGEMENT AREA. Any portion of a that is not a functional part of the “ ” and is not designed for the normal impoundment, storage, or conveyance of surface water or .
      NPDES. The National Pollutant Discharge Elimination System (NPDES) permit program is administered by the U. S. Environmental Protection Agency and delegated to Florida Department of Environmental Protection. This program requires permits for discharges into waters of the United States from industrial activities; and from large and medium municipal separate systems.
      OATH. An affirmation in all cases in which, by , an affirmation may be substituted for an Oath, and in such cases the words Swear and Sworn shall be equivalent to the words Affirm and Affirmed.
      ODD-NUMBERED ADDRESS (Landscape Irrigation Conservation). An ending in the numbers 1, 3, 5, 7, 9, or the letters N-Z.
      OFFICE, BUSINESS OR PROFESSIONAL. A property or portion thereof providing executive, management, administrative, or professional services, but not involving medical or dental services or the sale of merchandise, except as an incidental use. This definition also includes a property or portion thereof from where a Person handles and manages his or her personal business affairs or activities.
      OFFICE, CUBICLE. An establishment in which a minimum of 25% of the gross floor area of the business is comprised of cubicles.
      OFFICE, EXECUTIVE SUITE. The use, by independent entities, of office space with a sharing of amenities such as conference rooms, lobby, phone system, copiers, network facilities, and clerical support.
      OFFICE, MEDICAL. An establishment where patients, who are not lodged overnight, are examined and/or treated by practicing any form of physical or mental healthcare or therapy, whether such be medical doctors, chiropractors, osteopaths, podiatrists, naturopaths, optometrists, psychologists, therapists, dentists, or any such profession, the practice of which is lawful in the of Florida.
      OFFICER. Any   as defined in F.S. § 943.10, any or any care Officer.
      OFF-SITE. Any location outside the property limits.
      OFF-STREET LOADING AREA. An area provided for the temporary Parking of trucks being loaded or unloaded that is not within the .
      ON-SITE. Refers to any location within the property limits.
      ONGOING CONTRACT (Acquisitions). Contracts without a specific term that may be terminated at the will of the City Commission.
      OPERATOR (Adult Businesses). A who engages or participates in an activity that is necessary to or that facilitates the operation of an , including but not limited to the licensee, manager, , doorman, bouncer, bartender, dancer, disc jockey, sales clerk, ticket taker, movie projectionist, or supervisor. The term is not meant to include repair people, janitorial personnel or the like who are only indirectly involved in facilitating the operation of the .
      OPERATOR (Lodging Establishments). Any who, alone or in conjunction with others, has charge or control of a or , or any part of a or .
      ORDINARY REPAIRS AND MAINTENANCE (Historic Preservation). Minimal work conducted on a which specifically stems deterioration and exactly replicates the existing material of the resource in form and substance.
      OUTDOOR. An item shall be considered Outdoors if it is not fully enclosed with four walls and a solid .
      OUTPARCEL. A portion of a tract of nonresidential land intended to be developed with a freestanding and accessed from the same entrance from a as the main tract.
      OVERBUILD (Telecommunications). A Cable System constructed to serve already served by an existing Cable System.
      OVERLASH (Telecommunications). To place an additional , cable, wire or onto an attachment by a or .
      OVERLIFT (Tree Preservation). The removal of the majority of the inner lateral branches and foliage thereby displacing weight and mass to the ends of the branches. The alteration of the ’s live crown ratio will be considered as evidence of Overlifting.
      OVERSIZED FACILITY (Utilities). A pipe or pumping facility that satisfies all of the following:
      (1)   It is constructed in order to serve a new and is located in a subportion of a   system which connects the individual lots of the to a portion of the system indicated in the master plan.
      (2)   The developer has contributed to its , either by constructing it him- or herself or by making total or partial reimbursement of the costs of by others.
      (3)   The has determined that adequate service to future nearby will not be possible unless the current facility is constructed larger than would be required to service only the current . In determining the size that would be required to service only the current , the utilizes generally accepted design criteria and shall apply all of the provisions of this Chapter, such as required minimums, looped distribution mains, , and the like.
      OWNER.
         OWNER. For general purposes, Owner means any who alone or jointly with others, has any legal or equitable title or interest, with or without having actual possession thereof.
         OWNER (Land Development and Licenses). For the purpose of applications for and licenses: Owner shall mean the actual current title holder of the property and may also include an agent of the Owner who provides written evidence (including, but not limited to, a binding power of attorney), satisfactory to the , that he or she has the authority to bind the title holder of the property.
         OWNER (Notice). For the purpose of providing notice: Owner shall mean the or reflected as the property Owner in the most recently certified real property ad valorem of Broward County, which have been provided to the by Broward County. Additionally, in the case of multiple or joint ownership, notice to one Owner shall be considered for the purposes herein as notice to all multiple or joint .
         OWNER (Solid Waste). For purposes of , Owner shall mean the reflected as the Owner of on the .
         OWNER (Vehicle or Vessel). The last known record title holder to a vehicle or according to the records of the Florida Department of or the Department of Environmental Protection.
      PACKAGE STORE. An establishment that is licensed to sell all , in sealed containers and for only.
      PAIN MANAGEMENT CLINIC. A type of providing a variety of personal services by an physician who is currently licensed by either the Florida Board of Medicine or Board of Osteopathic Medicine and his or her staff, which, individually or collectively, are intended to reduce or manage pain.
      PALEONTOLOGICAL RESOURCE (Historic Preservation). Any vertebrate fossils, including bones, teeth, natural casts, molds, impressions, and other remains of prehistoric fauna, preserved in or on the earth’s crust, that are of paleontological interest and that provide information about the history of life on earth, except that the term does not include:
      1.   Any materials associated with an archaeological resource, as defined in Section 3(1) of the Archaeological Resources Protection Act of 1979, 16 U.S.C. 470bb(1); or
      2.   Any cultural item, as defined in Section 2 of the Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001.
      PALEONTOLOGICAL SITE (Historic Preservation). A location that has yielded or is likely to yield information important to the understanding and scientific study of . A Paleontological Site is evidenced by the presence of paleontological materials on or below the ground surface indicating past use of a location by humans.
      PALEONTOLOGICAL ZONE (Historic Preservation). An area likely to yield largely subsurface information on the prehistory and fossil history of the County based on prehistoric environmental patterns within the County, as determined in consultation with the Florida Museum of Natural History. Paleontological Zones will tend to conform to certain geological features and deposits and shall be recorded on a Map of Broward County Paleontological Zones to be maintained and amended as necessary by the HPO.
      PARAPET. A vertical false front or wall extension above the line.
      PARCEL OF LAND. Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its or developer as land to be used or developed as a unit or that has been used or developed as a unit.
      PARK (Motor Vehicles). The complete of a under circumstances in which its operator does not remain inside of the vehicle.
      PARKING AISLE. The area immediately adjacent to the   that permits maneuvering of the entering and leaving a , and that connects the to the driveway.
      PARKING STALL. The space that is designated to a , excluding and driveways.
      PARTS (Motor Vehicles and Vessels). All component Parts of a vehicle or that are in a state of disassembly, or are assembled with other vehicle or component Parts, but which, in their state of assembly, do not constitute a complete vehicle or .
      PASS THROUGH (Solid Waste). A discharge that exits the into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the operations permit, including an increase in the magnitude or duration of a violation.
      PASS-THROUGH PROVIDER (Telecommunications). Any who places or maintains a in the ’s and who does not remit taxes imposed by the pursuant to F.S. Chapter 202, as may be amended from time to time.
      PAY TELEPHONE. Any self-service telephone operated by coin, credit card or prepaid phone card, available for use by the public. This term includes enclosures, structural support and mounting equipment.
      PAYOFF (Simulated Gambling Device). Cash, monetary value or other credit, billets, tickets, tokens, or electronic credits to be exchanged for cash, merchandise or anything of value whatsoever.
      PERFORMANCE BOND. A bond posted to ensure complete satisfaction of a obligations to the .
      PERIMETER BUFFER. A continuous area of land along the perimeter of a , including , berms, walls, fences, and   , that is used to provide a transition between one type of land use and another.
      PERIOD OF SIGNIFICANCE (Historic Preservation). The period of time from which a importance is derived.
      PERSON. Any natural person or entity including, but not limited to, a corporation, a partnership, a sole proprietorship, an estate, a trust, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity.
      PERSONAL INVESTMENTS (Business Tax). Investments that exist solely for the benefit of the person or relative(s) of the person managing them, and may not benefit any unrelated third party. If the person or relative of the person managing Personal Investments regularly and substantially participates in the operation of a funded by such investments, then such investments shall not be a personal investment, and shall be considered a .
      PERSONAL WIRELESS SERVICES (Telecommunications).   , unlicensed wireless Services, and common wireless exchange access services, as defined under federal , 47 U.S.C. § 332(c)(7)(C), and includes but is not limited to, cellular, personal communication services, specialized mobile radio, enhanced specialized mobile radio, and paging service. Personal Wireless Services shall not be considered as , , public or private .
      PERVIOUS AREA. Area maintained in its natural condition or covered by a material that permits infiltration or percolation of water directly into the ground. shall not be considered part of the Pervious Area.
      PHARMACY. Any business that is required to maintain an active and valid license or permit from the of Florida Board of Pharmacy.
      PHASED DEVELOPMENT. A that is designed, permitted or Platted in distinct, sequential stages to be developed over a specified period of time.
      PHYSICAL BARRIER (Prohibited Acts). An uncovered opening; a screened or otherwise partially covered opening; or an open or closed window, jalousie, or door.
      PLACE OF PUBLIC ASSEMBLY. Any area where people assemble, whether publicly or privately owned and maintained. Includes, but is not limited to, public assembly such as auditoriums, assembly halls, private clubs and fraternal lodges, , clubhouses, theaters, and places of worship or other facilities that are used for prayer and assembly by persons of similar beliefs.
      PLANNED DEVELOPMENT DISTRICT. An area of land developed as a single entity or in phases for a variety of residential types and nonresidential uses which do not correspond in lot size or type of , density, lot coverage, and required open space to the regulations established in any of the zoning districts created from time to time under the provisions of the zoning ordinance enacted by the . The planned shall be in conformity with the of a PDD.
      PLANT UNIT. A numeric measurement to establish planting requirements that can be expressed in various plant types.
      PLAT. A map or delineated representation of a subdivision of land(s), being a complete, exact representation of the subdivision and other information in compliance with F.S. Chapter 177, and any applicable local government regulations.
      PLUMBING. All or any part of the materials, appurtenances or devices attached to and forming a water, , gas or waste distribution system, including fixtures and devices used for cooking, washing, drinking, cleaning, fire fighting and mechanical purposes.
      POLE. Any , electricity, telephone, power or light Pole, other than any pole owned by the .
      PORTABLE TOILET FACILITIES. A room or booth that can be carried or moved to multiple sites and is only intended for temporary use containing a fixture to receive the elimination of human waste. Portable Toilet Facilities include, but are not limited to, holding tanks, privies, or any other toilet facility that is intended for use on a nonpermanent basis.
      POTABLE WATER. Water that is satisfactory for drinking, culinary, and domestic purposes and which meets the quality standards of the Florida Department of Environmental Regulation, Chapter 17-22, Florida Administrative Code.
      POTENTIALLY TOXIC MATERIALS. Those materials potentially toxic to human life such as, but not limited to, the following:
      (1)   Herbicides.
      (2)   Pesticides.
      (3)   Chlorine.
      (4)   Insecticides.
      (5)   Any material for which an Manufacturer’s Safety Data Sheet (MSDS) has been issued.
      PRE-EXISTING TOWER (Telecommunications). A for which a permit has been properly issued prior to the effective date of Ordinance 2009-03, including permitted that have not yet been constructed so long as such approval is current and not expired.
      PREFERRED ZONING DISTRICTS (Telecommunications). The zoning districts within Ordinance 2009-03 in which the provides a preference for the installation of .
      PREMISES. A distinct and definite locality or place with metes and bounds or lot and block, as land or land with thereon; lands and tenements; an estate; the area of land surrounding a , and any improvements to the land.
      PRETREATMENT (Utilities). Any chemical, biological, or physical treatment (other than use of a ) applied to by a in order to reduce any actual or potential adverse impact upon the or public health and safety.
      PRINCIPAL or STRUCTURE. A or that is occupied by, or devoted to, a or an addition to an existing principal or that is larger than the original existing or .
      PRINCIPAL STOCKHOLDER (Adult Business). A who owns or controls, legally or beneficially, 5% or more of a corporation’s capital stock, and includes the officers and directors. If no stockholder of a corporation owns or controls, legally or beneficially, at least 5% of the capital stock, all stockholders shall be considered Principal Stockholders. And, if a corporation is registered with the Security and Exchange Commission, or pursuant to F.S. Chapter 517, and its stock is for sale to the general public, it shall not be considered to have Principal Stockholders.
      PRINCIPAL USE. The primary purpose for which the land or is used.
      PRIVATE PERFORMANCE (Adult Business). The display or exposure of a by an at an to a other than another employee while the is in an area within the not accessible during such display to all other persons in the , or while the person is in an area in which the is totally or partially screened or partitioned during such display from the view of all within the .
      PRIVATE PREMISES. Any , house, , or other designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such , house, , or other .
      PRIVATE PROPERTY. All privately owned property that is not classified within the definition of .
      PRIVATE RECEPTACLE. A storage and collection receptacle established for private use and operated in conformity with the .
      PROPERTY APPRAISER. The Broward County Property Appraiser.
      PRUNE (Tree Preservation). The removal or trimming of dead, dying, diseased, weak, or objectionable branches in a manner consistent with the standard established in the definition of and Chapter 122.
      PUBLIC PARK (Public Parks, Recreation and Special Events). Any Public Park, recreation, or playground area or any or facility thereon within the which is owned, leased, managed, or maintained as a Public Park, regardless of whether the area has been formally dedicated to the for such purpose.
      PUBLIC PLACE. Any and all Property, , or portions thereof, owned by the .
      PUBLIC PROPERTY. Any property owned by a governmental entity.
      PUBLIC SAFETY COMMUNICATIONS (Telecommunications). Any and all wireless communications to and from police, fire, and other services operating within the .
      PUBLIC SAFETY PERSONNEL. Includes members of a Police Department, Fire Rescue Services, and other personnel with responsibility for life or health related emergencies.
      PUBLIC WORKS PROJECT (Acquisition of Goods and Services and Disposal of City Property). A , road, , , , water system, site development, Irrigation system, reclamation project, gas, or electrical distribution system, gas or electrical substation, or other facility, project or portion thereof, including repair, renovation or remodeling, owned in whole or in part by the .
      PUBLICLY OWNED TREATMENT WORKS (POTW). A “treatment works” as defined by § 212 of the Act (33 U.S.C. 1292) that is owned by the City of Weston or City of Sunrise, Florida. This definition includes any devices or systems used in the collection, storage, treatment, , and reclamation of or industrial wastes of a liquid nature and any conveyances which convey to a .
      PUTTING GREEN. A small area of short grass on which people can gently hit golf balls into a series of holes for entertainment or for practice.
      RECLAIMED WATER (Landscape Irrigation Conservation). Wastewater that has received at least secondary treatment and basic disinfection, and is reused after flowing out of a facility as defined by Rule 62-40.210, F.A.C.
      RECONNAISSANCE LEVEL ARCHAEOLOGICAL SURVEY. A cursory archaeological survey generally conducted to identify and map sites and to obtain data on site types and distribution. Field methodology in this type of survey involves surface collection, as well as limited subsurface testing.
      RECREATIONAL FACILITY. A or complex of where activities relating to organized sports, cultural or other similar activities are conducted or held.
      RECURRING LOCAL SERVICE REVENUES (Telecommunications). The revenue derived by a provider from local service, as defined by Florida Statutes and provided within the corporate limits of the .
      RECYCLABLE MATERIAL (Solid Waste). The term has the meaning given in F.S. Chapter 403.
      RECYCLING (Solid Waste). The term has the meaning given in F.S. Chapter 403.
      RECYCLING CART (Solid Waste). A receptacle authorized and approved by the City Manager for the Collection of from residential service units.
      REFUELING FROM TANK VEHICLE. The dispensing of Class I, Class II or Class III liquids in the open to a Motor Vehicle located at commercial, industrial, manufacturing establishments, Construction sites or other locations intended for fueling vehicles used in connection with their businesses.
      REFUSE (Solid Waste). All putrescible and nonputrescible (except body wastes), including , , ashes, cleanings, dead , automobiles, and solid market and industrial wastes.
      REGIONAL TRANSPORTATION NETWORK or REGIONAL ROAD NETWORK. Those shown on the Broward County Trafficways Plan promulgated by the Broward County Planning Council pursuant to Chapter 59-1154, Laws of Florida, and the Broward County Charter, or on the Broward County Long Range Transportation Plan, promulgated by the Broward County Metropolitan Planning Organization, or for which Right-Of-Way has been delineated by the Board of County Commissioners pursuant to Chapter 71-561, Laws of Florida, and the Broward County Charter.
      REGISTRANT or FACILITY OWNER (Telecommunications). A , Cable or or other that has registered with the in accordance with the provisions of this Chapter.
      RELIGIOUS INSTITUTIONS. Churches and ecclesiastical or denominational organizations or established physical places for worship in this at which nonprofit religious services and activities are regularly conducted and carried on, and also means church cemeteries.
      RELOCATION (Historic Preservation). The movement of a , including movement on its own site. Relocation shall also include the introduction of a or previously nondesignated resource onto the site of a .
      REPEAT VIOLATION. A violation of a provision of a code or ordinance by a who has been previously found through a code enforcement board or any other quasi-judicial or judicial process to have violated or who has admitted violating the same provision within five Years prior to the violation, notwithstanding the violations occur at different locations.
      RESERVE STRIP. A piece of land or line on one side of a in the control of the of the land on the opposite side of the that prevents access to the by immediately beyond the piece of land or line.
      RESERVOIR AREA. An area not on the that is provided for the temporary use of vehicles waiting to enter or leave a vehicle oriented service, or an off- Parking facility.
      RESIDE ( ). To abide, lodge, visit, or live for three or more consecutive days, or for a period of three or more days in the aggregate during any 12 month period.
      RESIDENTIAL AREA (Motor Vehicles and Vessels). Any areas zoned primarily or exclusively for or multi-family residential use.
      RESIDENTIAL PROPERTY. A whose land use or zoning permits , , townhomes and/or multi-family . , , and or community property within a residential community are not included in the definition of Residential Property.
      RESIDENTIAL TRASH (Solid Waste). Every waste accumulation of paper, sweepings, dust, rags, bottles, cans, or other material of any kind that is usually attendant to housekeeping.
      RESOURCE RECOVERY SYSTEM (Solid Waste). The resource recovery facilities that are constructed, operated, and maintained, or caused to be constructed, operated, and maintained, pursuant to the .
      RESPONSIBLE PARTY. One or more or any combination thereof who cause or allow the of that requires action by the Fire Department of the or its authorized agents in order to protect the public health, safety, or welfare.
      RESTAURANT. Any establishment that has more than six indoor seats and serves food for consumption on the .
      RESTORATION (Telecommunications). The process by which are returned to a condition as good or better than existed before the .
      RETAIL TOBACCO SHOP (Prohibited Acts). Any dedicated to or predominantly for the retail sale of tobacco, tobacco products, and accessories for such products, in which the sale of other products or services is merely incidental. Any of a business that manufactures, imports, or distributes tobacco products or of a tobacco leaf dealer is a business dedicated to or predominantly for the retail sale of tobacco and tobacco products when, as a necessary and integral part of the process of making, manufacturing, importing, or distributing a tobacco product for the eventual retail sale of such tobacco or tobacco product, tobacco is heated, burned, or smoked or a lighted tobacco product is tested.
      RETAIL VAPORIZER SHOP (Prohibited Acts). Any dedicated to or predominantly for the retail sale of Nicotine Vaporizers, Liquid Nicotine products, and accessories for such products, in which the sale of other products or services is merely incidental. Any of a business that manufactures, imports, or distributes Nicotine Vaporizers or Liquid Nicotine products is a business dedicated to or predominantly for the retail sale of Nicotine Vaporizers and Liquid Nicotine products when, as a necessary and integral part of the process of making, manufacturing, importing, or distributing a Nicotine Vaporizer or Liquid Nicotine product for the eventual retail sale of such product. Liquid Nicotine or other nicotine products are heated to provide a vapor or a Nicotine Vaporizer or Liquid Nicotine product is tested.
      RETENTION AREA. An area designated to prevent runoff from direct discharge into receiving waters.
      RIGHT-OF-WAY.
         IN PUBLIC RIGHTS-OF-WAY or IN THE PUBLIC RIGHTS-OF-WAY (Telecommunications). In, on, over, under or across the .
         RIGHT-OF-WAY, PRIVATE. That area privately owned but dedicated and/or used for purposes, including but not limited to , , bike paths, and , by the residents of the community. This definition excludes parking lots and their access roads.
         RIGHT-OF-WAY, PUBLIC. All that area dedicated to public use or otherwise owned by a public agency for public purposes and shall include, but not be limited to, any public Streets, , , bike paths, and .
         RIGHT-OF-WAY, ULTIMATE. The area created for public purposes including all required and necessary dedications, reservations and easements have been made or easements have been granted.
         RIGHT-OF-WAY LINE. The line where the property meets the at a public or public waterway, provided that this definition shall not include alleys, easements, or other similar dedicated uses.
         RIGHT-OF-WAY LINE, ULTIMATE. That line that separates the Ultimate Right-Of-Way from the remaining .
         RIGHT-OF-WAY VENDOR OR SOLICITOR. Any who personally hands to or seeks to transmit by hand or receive by hand any thing of any kind, whether or not payment in exchange is required or requested, to any who operates or occupies a of any kind, which vehicle is engaged in travel on or within any portion of any of the roads designated in § 71.10, whether or not such vehicle is temporarily Stopped in the travel lanes of the road. The term shall not apply to any who does not enter into any portion of the or its .
         RIGHTS-OF-WAY. The surface and space above and below any real property in which an entity has an interest in or equity, whether held in fee, or other estate or interest, or as a trustee, including, but not limited to any , boulevard, road, , freeway, lane, alley, court, , parkway, river, tunnel, viaduct, bridge, , , neutral ground, or any other place, area, or real property owned or controlled by the entity.
         RIGHTS-OF-WAY, PUBLIC. A public Easement, , , , alley, bridge, tunnel, pier, waterway, dock, wharf, court, lane, or path, or any other property for which the is the authority that has jurisdiction and control and may lawfully grant access to such property pursuant to applicable , and includes the surface, the air space over the surface and the area below the surface to the extent the holds a property interest therein. shall not include . shall not include any real or personal property except as described above and shall not include   , fixtures, , conduits, drainage, facilities or other or improvements, regardless of whether they are situated in the .
      ROADWAY. The portion of a paved for vehicular use, and bicycle use within a bicycle lane.
      ROOF. The exterior upper covering of a .
      ROPE RESCUE. Any rescue attempt requiring rope and related equipment to safely gain access to, and remove victims from, a hazardous exterior .
      ROUTINE MAINTENANCE (Telecommunications). Maintenance or repair of a ’s facilities that does not entail or include any digging, or in or of the non- of ’s and that will be completed within one work day. Routine Maintenance shall not include removal of mature plant material. No permit shall be required for Routine Maintenance. However, performing Routine Maintenance shall give prior notice to the of expected work days and locations.
      RUBBISH (Solid Waste). Nonputrescible consisting of both combustible and noncombustible waste, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, and similar materials.
      SANITARY SEWAGE (Utilities). That type of normally originating from , that is, generated by bathrooms, preparation and serving of food for family consumption, and laundry in family-size loads. introduced into the   by a or shall be considered to be Sanitary only if its potential as a hazard to public health and safety or as an adverse impact upon the and/or the treatment processes is similar to or less severe than caused by normally originating from . The following are some, but not necessarily all, of the criteria that shall be used in identifying Sanitary . If any one of these criteria is exceeded, then the in question automatically shall be considered as not being Sanitary . The potential as a hazard or adverse impact of any characteristic not listed herein shall be determined by the on a case-by-case basis.
Characteristics
Maximum (or Minimum) for Sanitary Sewage (ppm)
Characteristics
Maximum (or Minimum) for Sanitary Sewage (ppm)
BOD
300
300
Grease, Fat, or Oil
100 - Instantaneous; 20 - Daily Average
Chlorine Demand
15
Surfactants (MBAS)
2
Nitrogen, Total
35
Phosphorus, Total
10
Sulfides
0.2
Dissolved Oxygen
Minimum 1 ppm
pH
9.5 Maximum; 5.5 Minimum
Temperature
150°F
Heavy Metals, Phenols, and Other Toxic or Poisonous Substances
Zero
 
      SANITARY SEWER FACILITIES (Engineering Standards).   or piping systems designed for the collection, transmission, treatment, or disposal of and includes gravity , manholes, , , interceptors, and disposal systems.
      SCALE TOLERANCE (Commercial Vehicles). The allowable deviation from legal weights established in § 73.05 of the .
      SCHEDULE OF FEES. A schedule adopted by resolution from time to time setting forth all charges, fees and deposits required by the .
      SCHOOL.
         SCHOOL, ELEMENTARY OR SECONDARY. An institution of learning, whether public or private, that conducts regular classes and courses of study required for accreditation as an elementary or Secondary School approved by the Florida Department of Education.
         SCHOOL, PRIVATE. An institution and attendant (s) used for educational or training purposes that is not operated by the School Board of Broward County and whose major source of funding is not from any governmental agency, including elementary, middle, high, vocational and technical schools.
         SCHOOL, PUBLIC. An institution and attendant (s) used for educational or training purposes that is operated by the School Board of Broward County or whose major source of funding is from any governmental agency, including elementary, middle, high, charter, vocational and technical schools.
      SEARCH AREA (Telecommunications). The geographic area, in which a must be located in order to provide FCC required coverage, as certified through an affidavit by a radio frequency as to radio frequency waves or other such appropriate technical expert.
      SEASONAL DELIVERY PERSONNEL. Any employees of a licensed commercial delivery service that has at least 10,000 employed in this .
      SECRETARY OF THE INTERIOR'S STANDARDS (Historic Preservation). The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, and Archaeological Documentation, codified at 36 C.F.R. Part 68, and the Archaeological Program, codified at 36 C.F.R. Part 79, published by the United States Department of the Interior, and those guidelines developed by the Secretary of the Interior to guide work undertaken on and Archaeological Resources.
      SECURE. In reference to items, includes fastening down or removing all potentially hazardous objects such as shacks, temporary toilets, Roofing tile, materials, , forms, insecure , temporary electric service , furniture, potted plants, ornaments and similar items.
      SELF-SUPPORT TOWER (Telecommunications). A tapered broad at the base and more narrow at the top consisting of cross-members and diagonal bracing and without guyed support, also known as .
      SELF-STORAGE FACILITY. A containing separate, individual and private storage space of various sizes, rented to individual .
      SERVICE CONNECTIONS.
         SERVICE CONNECTION (Utilities). A Water Service Connection and/or Sewer Service Connection.
         SERVICE CONNECTION, SEWER (Utilities). The fitting to which the property ’s is connected, the clean-out and temporary plug, and any markings or devices installed as an aid to locating the Service Connection.
         SERVICE CONNECTION, WATER (Utilities). The owned meter box or vault, together with all of its contents, and any valve and valve box installed immediately adjacent to the public side of the meter box or vault.
      SERVICE INTERRUPTION (Telecommunications). The loss of picture or sound on one or more cable or   .
      SERVICE LATERAL (Utilities). A pipe which connects a to a water distribution main or main.
      SERVICE TIER (Telecommunications). A category of provided by a franchisee and for which a separate charge is made by the franchisee.
      SERVICES/SYSTEM (Telecommunications). Open or Services or both.
      SETBACKS.
         SETBACK, FRONT. The minimum space required between the front of any and its corresponding property line.
         SETBACK, REAR. The minimum space required between the rear of any and its corresponding property line.
         SETBACK, SIDE. The minimum space required between the side of any and its corresponding property line.
      SEVERE WEATHER. The weather conditions expected or occurring when the appropriate governmental entity gives the following weather notices: tropical storm watch, tropical storm warning, or hurricane warning.
      SEWAGE (Utilities). Liquid wastes and waterborne originating from residential, commercial, or industrial establishments, together with such ground water, surface water, or Storm Drainage as may unintentionally enter into the .
      SEWER or SEWER SYSTEM (Utilities). A network of gravity mains, pump stations, and used to transport from points of origin to a treatment/disposal plant.
      SEXUAL VIOLATOR. Any person who has been convicted of any in any jurisdiction, in which the victim of the offense was less than 18 years of age, as that term was applied and used by the jurisdiction in which the person was convicted, regardless of whether adjudication has been withheld.
      SHRUB (Landscaping). A bushy, woody plant usually with several permanent stems, and usually not less than 24 inches upon installation and not over ten feet high at maturity.
      SIDEWALK. A concrete or asphalt surface designed primarily for pedestrians.
      SIGNS.
         SIGN. Any device or representation for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, or identifying an establishment, product or service, that is projected onto any surface or into the sky, and that is affixed or attached to , real property, fixtures on real property, or a vehicle. A sign that is not visible from any nearby or , including without limitation a and a that is accessible to the public, is not a subject to regulation under Chapter 126.
         SIGN, ABANDONED. A communicating a subject on behalf of a Tenant or property owner that is no longer associated with the location, or identifying an establishment, product or service that is no longer present at the location or no longer exists. Noncommercial signs that do not relate to an event or timeframe shall not be considered abandoned unless the current Tenant or property owner affirms that such signs are no longer communicating a message on their behalf.
         SIGN, ANIMATED. A depicting action, motion, light or color changes through electrical or mechanical means, or that make noise, sound, or music.
         SIGN, AWNING. A that is mounted on or attached to any awning or canopy.
         SIGN, BANNER. A that is not permanently affixed to any , having the characters, letters, illustrations, or ornamentations applied to cloth, paper, or fabric of any kind with only such material for a backing. Banner Signs shall include any animated, rotating, or fluttering devices designated to attract attention.
         SIGN, BUILDING ENTRANCE. An additional for a main entrance to a .
         SIGN, CANOPY. A that is suspended from, attached to, supported from, or forming a part of a canopy.
         SIGN, DIRECTIONAL.
         (1)   A permanently erected or permitted directing an individual to a location of ingress or egress to or from the property.
         (2)   A permanently erected or permitted identifying a or .
         Color and lettering of shall be uniform throughout a premises or master planned development.
         SIGN, DIRECTORY. A identifying the names, uses, or locations of more than one , activity, or conducted within a , group of , or commercial center or office park.
         SIGN, FIXED PROJECTING. A affixed to the exterior wall of a or with the (s) not parallel to the plane of such wall.
         SIGN, FLAT. A erected parallel to and extending not more than 12 inches from the of any to which it is attached and supported throughout its entire length by the and not extending above the .
         SIGN, FREESTANDING. A supported by a secured in the ground that is wholly independent of any , fence, vehicle, or object other than the for support.
         SIGN, HANGING. A that hangs down and is supported by or attached to the underside of a canopy, awning, marquee, or extension of a .
         SIGN, MONUMENT. Any supported by a solid containing a that is supported solely by its own ground-mounted base and that is not attached or affixed in any way to a or other .
         SIGN, NONCOMMERCIAL. A that does not contain copy that advertises the availability of any commercial merchandise, service, institution, Residential use available for sale or lease, entertainment, or activity.
         SIGN, OFF-PREMISES. A identifying, advertising, or directing the public to a , merchandise, service, institution, entertainment, or activity which is located, sold, rented, based, produced, manufactured, or taking place at a location other than on the on which the is located. For the purposes of zoning review, an Off-Premises shall constitute a of the property on which it is located.
         SIGN, PAINTED. A painted directly on any exterior wall or door surface, exclusive of window and door glass areas.
         SIGN, POLE. A that has a visible pole .
         SIGN, PROJECTED. Any image projected onto any surface or into the sky for the purpose of drawing the attention of the public or identifying an establishment, product or service.
         SIGN, PROJECTING. A projecting from the outside wall or walls of any that is supported by only one rigid support.
         SIGN, REAL ESTATE LEASING. A erected by the or his or her agent advertising the or real property upon which the Sign is located for rent or lease.
         SIGN, REAL ESTATE SALE. A erected by the or his or her agent advertising the real property upon which the is located for sale.
         SIGN, ROOF. A erected over or on, and wholly or partially dependent upon, the of any for support, or attached to the in any way.
         SIGN, SNIPE. A that is fastened or attached to another .
         SIGN, TEMPORARY. Any to be displayed for a limited period of time, as specified in Chapter 126.
         SIGN, VEHICLE. Any attached, either permanently or temporarily, to any type of vehicle.
         SIGN, WALL. Any attached to any exterior wall or door surface, exclusive of window and door glass areas, that is parallel to the plane of the wall.
         SIGN, WARNING. Any indicating danger or warning of a hazardous physical condition to pedestrians, bicyclists and motorists.
         SIGN, WINDOW. Any that is painted on, applied to, attached to or projected upon or within the exterior or interior of a glass area, including doors, or located within 15 feet of the interior of a glass area, including doors, or any interior illuminated whose identification, message, symbol, insignia, visual representation, -type or any other form that communicates information can be read from Off-Premises contiguous property or .
      SIGN AREA. Sign Area shall be computed by means of the smallest square, circle, rectangle, triangle, or combination of shapes that will encompass the outer limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or area used to differentiate the Sign from the backdrop against which it is placed. Sign Area shall not include any supporting framework, bracing, or wall when such otherwise meets the regulations of this and is incidental to the display itself. comprised of individual elements attached to a wall shall be measured as one unit, when the distance between the Sign elements is less than two times the dimension of each element. When the faces of a double-faced are parallel, only one side shall be counted in computing Sign Area. If the two faces of such double-faced are of unequal area, the larger shall be considered the area of the . Where the establishes a Maximum Combined Sign Area requirement for a sign type, it shall mean the sum of the Sign Areas of all of the of that type on a parcel.
      SIGN FACE. The part of the that is or can be used to identify, advertise, or communicate information or for visual representation that attracts the attention of the public for any purpose. Sign Face includes any background material, panel, trim, color, and direct or self-illumination used that differentiates the sign from the , , backdrop surface, or object upon which or against which it is placed. The shall not be included as a portion of the Sign Face provided that no message, symbol, or any of the aforementioned Sign Face criteria are displayed on or designed as part of the .
      SIGN STRUCTURE. A supporting erected or intended for the purpose of identification, with or without a thereon, situated upon or attached to the , upon which any may be fastened, affixed, displayed, or applied; however, this definition shall not include a or fence.
      SIGNIFICANT INDUSTRIAL USER (Utilities).
      (1)   A user subject to categorical standards; or
      (2)   A user that:
      (2)(a)   Discharges an average of 25,000 gpd or more of process to the (excluding sanitary, noncontact cooling, and boiler blowdown );
      (2)(b)   Contributes a process wastestream that makes up 5% or more of the average dry weather hydraulic or organic capacity of the   ; or
      (2)(c)   Is designated as such by the on the basis that is has a reasonable potential for adversely affecting the ’s operation or for violating any standard or requirement.
      SIMULATED GAMBLING DEVICE. Any that is available to play or operate a of any through the use of skill, the application of the element of chance, or both, and which may deliver or entitle the or playing or operating the to a , or may notify or announce said to the or playing.
      SINGLE-FAMILY. One , other than a , sharing no walls with another .
      SINGLE-FAMILY RESIDENCE. A detached home.
      SITE ASSESSMENT SURVEY. A systematic archaeological survey utilizing field methodology based on the types of sites known or expected to be present in the survey area. Field methodology in this type of survey involves subsurface testing at depths and intervals sufficient to leave little doubt that all or nearly all sites in the survey were:
      (1)   Identified;
      (2)   Bounded horizontally and vertically;
      (3)   Presented in the resulting report at a level sufficient to permit:
      (3)(a)   An assessment of National Register eligibility, and
      (3)(b)   Recommendations of appropriate site treatments; and
      (4)   Recorded and submitted to the in an accepted form (i.e., on standard forms with photographic and map attachments).
      SLOT MACHINE (Simulated Gambling Device). Any Device as specified in F.S. § 849.16.
      SMALL WIRELESS FACILITY (Telecommunications). A wireless facility that meets the following qualifications:
      (1)   Each associated with the facility is located inside an enclosure of no more than 6 cubic feet in volume or, in the case of s that have exposed elements, each and all of its exposed elements could fit within an enclosure of no more than 6 cubic feet in volume; and
      (2)   All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cutoff switches, vertical cable runs for the connection of power and other services, and or other support structures.
      SOLID WASTE. All waste accumulations consisting of , residential/household , commercial/business , and .
      SOLID WASTE COLLECTION SERVICES ASSESSED COST. The amount determined by the to be assessed in any to fund all or any portion of the cost of the provision of curb-side residential and Recyclable materials collection, disposal and services, facilities, or programs.
      SOLID WASTE COLLECTION SERVICES ASSESSMENT. A lawfully imposed by the against to fund all or any portion of the cost of the provision of curb-side residential and collection, disposal and services, facilities, or programs providing a special benefit to property as a consequence of possessing a logical relationship to the value, use, or characteristics of the .
      SOURCE SEPARATED (Solid Waste). The Recovered Materials that are separated from where the Recovered Materials and are generated. The term does not require that various types of Recovered Materials be separated from each other and recognizes de minimis , in accordance with industry standards and practices, may be included with the Recovered Materials . may not be commingled with . “De minimis” shall be construed to be less than 5% by volume. Any container that has more than 5% mixed with shall be deemed to be and disposed of accordingly.
      SPECIAL MAGISTRATE. Any or Persons appointed by the to hear code enforcement violation cases.
      SPECIFIED ANATOMICAL AREAS (Adult Business).
      (1)   Less than completely and opaquely covered:
      (1)(a)   Human genitals, pubic region.
      (1)(b)   Full anal cleft or cleavage.
      (1)(c)   That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola, including the areola; this definition shall include the entire lower portion of the human female breast, but shall not include a portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not so exposed; and
      (2)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
      SPECIFIED CRIMINAL ACT (Adult Business).
      (1)   A violation of Code §§ 86.01 et seq.;
      (2)   A felony;
      (3)   An offense under F.S. Chapter 794, (Sexual Battery);
      (4)   An offense under F.S. Chapter 796, (Prostitution);
      (5)   An offense under F.S. Chapter 800, (Lewdness; Indecent Exposure);
      (6)   An offense under F.S. Chapter 826, (Bigamy; Incest);
      (7)   An offense under F.S. Chapter 847, (Obscene Literature; Profanity);
      (8)   An offense under F.S. Chapter 831, (Forgery; Counterfeiting);
      (9)   An offense under F.S. Chapter 837, (Perjury);
      (10)   An offense under F.S. Chapter 843, (Obstructing Justice);
      (11)   An offense under F.S. Chapter 849, (Gambling);
      (12)   An offense under F.S. Chapter 893, (Drug Abuse Prevention and Control);
      (13)   An offense under F.S. Chapter 895, (Racketeering; Illegal Debts);
      (14)   An offense under F.S. Chapter 896, (Offenses Related to Financial Transactions); or
      (15)   An offense under an analogous statute of a state other than Florida, or under an analogous ordinance of another county or city.
      SPECIFIED CRIMINAL OFFENSE.
      (1)   A conviction under F.S. § 60.05, (Nuisance Abatement);
      (2)   A conviction under F.S. §§ 480.043, 480.046, 480.047, 480.048, or 480.049, or subsequent regulation;
      (3)   A conviction under F.S. Chapter 561 (Beverage ; Administration) or Chapter 562 (Beverage ; Enforcement); or
      (4)   A judgment against or conviction under F.S. Chapter 823 (Public Nuisances).
      SPECIFIED SEXUAL ACTIVITIES (Adult Business).
      (1)   Human genitals in a state of sexual stimulation or arousal, or tumescence; or
      (2)   Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellatio, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism sexual intercourse, or sodomy; or
      (3)   Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast; or
      (4)   Excretory functions as part of or in connection with the activities set forth in subsections (1)—(3) above.
      SPORTS LEAGUE OFFICIAL. Any who is authorized by a sports league to work, whether for compensation or as a volunteer, in (a) a position of, or in a position with substantially similar duties as, a coach, assistant coach, trainer, team manager, referee, officer or board member, or (b) any other position for 10 or more hours within a , and has direct contact with one or more minor participants in a sports league at facilities, courts or playing fields.
      STABLE. A facility where horses are boarded and/or offered for rental.
      STAND or STANDING (Motor Vehicles and Vessels). The halting of a vehicle, for the purpose of, and while actually engaged in, receiving or discharging passengers or goods.
      STAND-ALONE BAR (Prohibited Acts). Any licensed premises devoted during any time of operation predominantly or totally to serving alcoholic beverages, intoxicating beverages, or intoxicating liquors, or any combination thereof, for consumption on the licensed premises; in which the serving of food, if any, is merely incidental to the consumption of any such beverage; and the licensed premises is not located within, and does not share any common entryway or common indoor area with, any other , including any business for which the sale of food or any other product or service is more than an incidental source of gross revenue. A place of business constitutes a in which the service of food is merely incidental if the licensed premises derives no more than 10 percent of its gross revenue from the sale of food consumed on the licensed premises.
      STATE. The State of Florida and its various departments, agencies, and boards.
      STATE OF THE ART (Telecommunications). Existing technology where the level of facilities, technical performance, capacity, equipment, components and personal wireless service is equal to that developed and demonstrated to be as technologically advanced and generally available for comparable service areas in South Florida.
      STEALTH or STEALTH FACILITY OR TOWER (Telecommunications). Any wireless that is designed to blend into the surrounding . Examples of such facilities include, but are not limited to, architecturally screened mounted , -mounted , painted to match the , integrated into architectural elements, or other similar .
      STOP or STOPPING (Motor Vehicles and Vessels). Any halting, even momentarily, of a vehicle, except when necessary to avoid conflict with other or to comply with the direction of a   or control or signal.
      STOP THE BLEED KIT (SBK). A collection of equipment housed in a container that displays the universal medical symbol that is used to attempt to control bleeding from a patient who has suffered a traumatic injury, capable of stopping severe bleeding through clotting, pressure, tourniquets, and other proven effective means of stopping blood loss.
      STORM DRAIN or STORM DRAINAGE SYSTEM (Utilities). A system of conduits, open channels, and/or sloped ground intended to restrict and/or direct the flow of run-off resulting from rainfall. All run-off from any source, including   and surfaces, shall be directed to a Storm Drain. There shall be no intentional connections between any Storm Drain and any , and both type systems shall be designed, constructed, and maintained in such a manner as to minimize the likelihood of any unintentional introduction of run-off or ground water into a , and vice versa.
      STORMWATER (Utilities). The flow of water that results from, and which occurs during and immediately following a rainfall event.
      STORY. The portion of a that is between one finished floor level and the next higher finished floor level or the .
      STREET or HIGHWAY. A for purposes of travel by vehicular means, including the entire area within the .
      STREET FRONTAGE. The portion of property that is adjacent and parallel to a Public or used as a thoroughfare by .
      STRUCTURAL COLLAPSE RESCUE. Those rescues from exterior or interior involving abrupt failure or partial failure of a resulting in the creation of and voids.
      STRUCTURAL DEBRIS (Emergency Management).   resulting from damage to structural improvements to land, including but not limited to screen enclosures, tiles or shingles, gutters, windows, aluminum siding, bricks, stucco, wood trim, drywall and carpet. This definition excludes floor tiles, appliances, fixtures, furniture and clothing.
      STRUCTURALLY SIMILAR (Synthetic Cannabinoid). Chemical substitutions off a common chemical backbone associated with synthetic cannabinoids or synthetic cannabinoid-mimicking compounds listed in the controlled substance schedules in F.S. Chapter 893, or otherwise prohibited by federal or state law.
      STRUCTURALLY SIMILAR (Synthetic Stimulants). Chemical substitutions off a common chemical backbone associated with cathinone, methcathinone, amphetamine, methamphetamine, cocaine, 3,4-methylenedioxymethamphetamine (MDMA), 3,4-methylenedioxymethcathinone, 3,4-methylenedioxypyrovalerone (MDPV), methylmethcathinone, methoxymethcathinone, methylethcathinone, fluoromethcathinone, BZP (benzylpiperazine), fluorophenylpiperazine, methylphenylpiperazine, chlorophenylpiperazine, methoxyphenylpiperazine, DBZP (1,4-dibenzylpiperazine), TFMPP (3-Trifluoromethylphenylpiperazine), MBDB (Methylbenzodioxolylbutanamine), 5-Hydroxy-alpha-methyltryptamine, 5-Hydroxy-N-methyltryptamine, 5-Methoxy-N-methyl-N-isopropyltryptamine, 5-Methoxy-alpha-methyltryptamine, methyltryptamine, 5-Methoxy-N,N-dimethyltryptamine, 5-Methyl-N,N-dimethyltryptamine, Tyramine (4-Hydroxyphenethylamine), 5-Methoxy-N,N-Diisopropyltryptamine, DiPT (N,N-Diisopropyltryptamine), DPT (N,N-Dipropyltryptamine), 4-Hydroxy-N,N-diisopropyltryptamine, N,N-Diallyl-5-Methoxytryptamine, DOI (4-Iodo-2,5-dimethoxyamphetamine), DOC (4-Chloro-2,5-dimethoxyamphetamine), 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine), 2C-T-4 (2,5-Dimethoxy-4-isopropylthiophenethylamine), 2C-C (4-Chloro-2,5-dimethoxyphenethylamine), 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine), 2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine), 2C-T-7 (2,5-Dimethoxy-4-(n)-propylthiophenethylamine), 2C-I (4-Iodo-2,5-dimethoxyphenethylamine), Butylone (beta-keto-N-methylbenzodioxolylpropylamine), Ethcathinone, Ethylone (3,4-methylenedioxy-N-ethylcathinone), Naphyrone (naphthylpyrovalerone), N-N-Dimethyl-3,4-methylenedioxycathinone, N-N-Diethyl-3,4-methylenedioxycathinone, 3,4-methylenedioxy-propiophenone, 2-Bromo-3,4-Methylenedioxypropiophenone, 3,4-methylenedioxy-propiophenone-2-oxime, N-Acetyl-3,4-methylenedioxycathinone, N-Acetyl-N-Methyl-3,4-Methylenedioxycathinone, N-Acetyl-N-Ethyl-3,4-Methylenedioxycathinone, Bromomethcathinone, Buphedrone (alpha-methylamino-butyrophenone), Eutylone (beta-Keto-Ethylbenzodioxolylbutanamine), Dimethylcathinone, Dimethylmethcathinone, Pentylone (beta-Keto-Methylbenzodioxolylpentanamine), (MDPPP) 3,4-Methylenedioxy-alpha pyrrolidinopropiophenone, (MDPBP) 3,4-Methylenedioxy-alpha pyrrolidinobutiophenone, Methoxy-alpha-pyrrolidinopropiophenone (MOPPP), Methyl-alpha-pyrrolidinohexiophenone (MPHP), Benocyclidine (BCP), benzothiophenylcyclohexylpiperidine (BTCP), Fluoromethylaminobutyrophenone (F-MABP), Methoxypyrrolidinobutyrophenone (MeO-PBP), Ethyl-pyrrolidinobutyrophenone (Et-PBP), 3-Methyl-4-Methoxymethcathinone (3-Me-4-MeO-MCAT), Methylethylaminobutyrophenone (Me-EABP), Methylamino-butyrophenone (MABP), Pyrrolidinopropiophenone (PPP), Pyrrolidinobutiophenone (PBP), Pyrrolidinovalerophenone (PVP), Methyl-alpha-pyrrolidinopropiophenone (MPPP) or related salts, isomers, and salts of isomers, listed in the controlled substance schedules in F.S. Chapter 893, as amended, or otherwise prohibited by federal or state law.
      STRUCTURALLY SOUND. The absence of imperfections, wear and damage that could adversely impact the intended use of the .
      STRUCTURE. Anything constructed, assembled, or erected, installed or portable, the use of which requires a location on a . It includes a movable Structure while it is located on land and which can be used for housing, , commercial, industrial, recreational or office purposes, either temporarily or permanently. Structure also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising and tennis courts.
      STRUCTURE, ANTENNA SUPPORT (Telecommunications). Any or other other than a that can be used for the location of .
      SUBSCRIBER (Telecommunications). Any , as defined herein, who lawfully receives Cable or delivered over the Cable or video System. However, notwithstanding anything to the contrary, Subscriber shall not mean any Homeowner or Condominium or other bulk purchaser unless mandated by FCC rules.
      SUPERMARKET (Business Tax). A self-service retail selling primarily food, and may also include accessory such as a pharmacy, bank or photography lab that are owned by the same taxed entity.
      SURFACE WATER MANAGEMENT SYSTEM (Utilities). The collection of devices, improvements, or natural systems whereby surface waters are controlled, impounded, or obstructed. The term includes dams, impoundments, reservoirs, and appurtenant works as defined in F.S. § 373.403(1-4), as well as all artificial including, but not limited to, ditches, canals, conduits, channels, culverts, pipes, and other that conveys, impounds, or controls surface water.
      SUSPENDED SOLIDS or SS (Utilities). Solid particles floating or suspended in a liquid that are removable by laboratory filtration.
      SWALE. The area within a that lies between the and the edge of the travel lane of the .
      SYNTHETIC CANNABINOID HERBAL INCENSE. Aromatic or nonaromatic plant material containing a , or to which a has been sprayed, applied or otherwise added, that is distributed in a loose, leafy, powder or granular form or in a compressed block or blocks that can be crushed to result in a powder or granular form, and can be placed into a pipe, cigarette paper or drug paraphernalia for purposes of ingestion by smoking, inhaling or other method.
      SYNTHETIC DRUG. Any chemical or mixture of chemicals, however packaged, that is to synthetic cannabinoids or synthetic cannabinoid-mimicking compounds listed in the controlled substance schedules in F.S. Chapter 893, or otherwise prohibited by federal or state law. also shall include any chemical or mixture of chemicals, however packaged, that mimics the effects of tetrahydrocannabinol (also known as THC), the main active ingredient found in marijuana. Packaging that indicates or implies that a product mimics the effects of marijuana, such as “fake weed” or “fake pot”, shall create a presumption that the product mimics the effects of tetrahydrocannabinol. shall not include any substance currently listed in the controlled substance schedules in F.S. Chapter 893, or otherwise prohibited by federal or state law.
      SYNTHETIC STIMULANT. Any chemical or mixture of chemicals, however packaged, that has a stimulant effect on the central nervous system and is to cathinone, methcathinone, amphetamine, methamphetamine, cocaine, MDMA or any other substance listed in the definition of , or related salts, isomers, and salts of isomers, as listed in the controlled substance schedules in F.S. Chapter 893, or otherwise prohibited by federal or state law. shall also include any chemical or mixture of chemicals, however packaged, that mimics the pharmacological effects of cathinone, methcathinone, amphetamine, methamphetamine, cocaine, MDMA or any other substance listed in , or related salts, isomers, and salts of isomers. Packaging that indicates, suggests or implies that a product mimics the pharmacological effects of cathinone, methcathinone, amphetamine, methamphetamine, cocaine, ecstasy or any other substance listed in the definition of , shall create a presumption that the product mimics the effects of the substance. shall not include any substance currently listed in the controlled substance schedules in F.S. Chapter 893, or otherwise prohibited by federal or state law.
      SYNTHETIC STIMULANT BATH SALTS. Any substance, whether in powder, crystal, liquid, tablet or capsule form, containing a Synthetic Stimulant or to which a has been added or applied, that can be ingested by smoking, inhaling or other method, regardless of whether the substance is marketed as not for the purpose of human consumption, and regardless of how the substance is labeled, including but not limited to bath salts, insect repellant, plant food, herbs, incense, iPod cleaner, nutrient, dietary supplement or spice.
      SYNTHETIC TURF. A surface of synthetic fibers made to look like natural grass. As used in the Code of Ordinances, anytime "turf" is referenced it shall mean natural grass unless the term "Synthetic" is used.
      SYSTEM MALFUNCTION (Telecommunications). Any Cable System equipment, facility, or signal failure or malfunction that results in the loss of satisfactory service on one or more to one or more . A malfunction is major if it affects 50 or more .
      TABLE, BISTRO. A round table having a diameter not greater than 31 inches, or a square or rectangular table not having a side greater than 27 inches in length.
      TABLE, DINING. A round table having a diameter greater than 31 inches, or a square or rectangular table having a side greater than 27 inches in length.
      TANK VEHICLE. Any commercial that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. A commercial transporting an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not considered a Tank Vehicle.
      TAX COLLECTOR. The Broward County Tax Collector.
      TAX ROLL. The real property ad valorem tax maintained by the for the purpose of the levy and collection of ad valorem taxes.
      TECHNICAL RESCUE. Those rescues from exterior located in greater than a 40 degree inclination, or on such rough terrain that the operation requires specific Technical Rescue training.
      TECHNICAL RESCUE COSTS (Cost Recovery). Those necessary and reasonable costs, over and above those services normally provided, incurred by the in connection with responding to, investigating, mitigating, abating, securing, and decontaminating due to a . Such costs include, but are not limited to:
      (1)   Disposable materials and supplies acquired, consumed, and expended as a result of the incident.
      (2)   Full cost recovery for compensation of employees and/or contractors for the time devoted specifically to the incident.
      (3)   Rental or leasing of equipment used specifically for the incident.
      (4)   Replacement costs for equipment that is contaminated beyond reuse or repair as a result of the incident.
      (5)   Decontamination and/or proper disposal of equipment and/or supplies contaminated during the incident.
      (6)   Special technical services specifically required as a result of the incident.
      (7)   Other special services specifically required as a result of the incident (e.g., utilities, etc.).
      (8)   Laboratory costs for purposes of analyzing samples taken during the incident.
      (9)   Costs associated with the services, supplies, and equipment procured for a specific extrication.
      TELECOMMUNICATIONS. The transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information sent and received.
      TELECOMMUNICATIONS FACILITIES. Any cables, wires, lines, wave guides, , and any other equipment or facilities associated with the direct transmission, retransmission, or reception of which a person seeks to locate or has installed upon or near an which does not use or cross over, under, or through a .
      TENANT. The term has the meaning given in F.S. § 83.43(4).
      TIMESHARE. A form of ownership or right to the use of a property in which multiple parties hold rights to use the property, with each allotted a specified period of time each in which they may use the property.
      TOWER or TELECOMMUNICATIONS TOWER. Any , and support thereto, designed and constructed primarily for the purpose of supporting one or more intended for transmitting or receiving , telephone, radio and similar communication purposes, including , Lattice, , Monopole, and . The term includes radio and television transmission Telecommunications Towers, microwave Telecommunications Towers, common- Telecommunications Towers, and cellular telephone Telecommunications Towers, among others. Poles are only a support and are not a Telecommunications Tower.
      TOWNHOUSE. Two or more attached by a common wall with each unit having two or more Stories.
      TRAFFIC. Pedestrians, bicycles and , either singularly or together while using any or .
      TRAFFIC CONTROL DEVICES. Any , signal, marking or other device consistent with the Uniform Manual for Traffic Control Devices and other national standards that is used to regulate, warn or guide placed on, over, or adjacent to a , , pedestrian facility or shared use path by authority of the or other public body having jurisdiction.
      TRAFFIC LANE. The portion of the used for the movement of vehicles but not including the shoulders, bicycle lanes or parking lot drive aisles.
      TRAFFICWAY. Any one of the expressways, principal arterials, minor arterials, or collector roads shown on the Broward County Trafficways Plan, promulgated by the Broward County Planning Council, or any delineated shown on the Broward County Delineated Trafficways Plan.
      TRAFFICWAY CORRIDOR. The land area comprised of a and its intersections, and that part of any intersecting nontrafficway and its intersections that is within either:
      (1)   Any intersecting nontrafficway collector road that is within 300 feet of the as measured along the centerline of the nontrafficway collector from a point opposite the chord; or
      (2)   Any intersecting that is within 100 feet of the as measured along the centerline of the from a point opposite the chord.
      TRAILER. Any vehicle that carries or property and is pulled, or is designed to be pulled, by a .
      TRANSACTING COMMERCE (Business Tax). The buying, selling or exchange of merchandise, commodities or services.
      TRANSFER OF A FRANCHISE (Telecommunications).
      (1)   Any transaction in which:
      (1)(a)   An ownership or other interest in a franchisee or its Cable System is transferred from one or group of persons to another or group of so that control of a franchisee is transferred; or
      (1)(b)   The rights and/or obligations held by a franchisee under a agreement are transferred or assigned to another , group of , or business entity.
      (2)   A transfer shall be considered “pro forma” when it involves a transfer to a , group of persons, or business entity wholly owned by the franchisee and will not result in a change in the control or ownership of the franchisee.
      TRANSIENT OCCUPANT. Any , or guest or invitee of such who occupies or is in actual or apparent control or possession of residential property registered or used as a . It shall be a rebuttable presumption that any who holds themselves out as being an occupant or guest of an occupant of a , or a property used as a , is a .
      TRASH.
      (1)   Other vegetable waste not included in the term and wastepaper, straw, excelsior, or other and waste not connected with the preparation, distribution, or other or garden waste.
      (2)    generated in the normal maintenance of (excluding large branches, trunks or stumps of ), bottles, cans, boxes, small household appliances and other miscellaneous household .
      TREE, SPECIMEN. Any which has a DBH of eighteen (18) inches or greater with a condition rating of sixty percent (60%) or greater in accordance with the condition rating guidelines as specified in the Guide for Plant Appraisal, 9th edition, as amended; with the exception of the following:
      (1)   Non-native fruit that are cultivated or grown for the specific purpose of producing edible fruit, including but not limited to: mangos, avocados, or citrus.
      (2)   Species of the genus Ficus except F. aurea (strangler fig), F. laevigata (short leaf fig), F. rubiginosa (rusty fig or rusty leaf fig), F. jacquinifolia.
      (3)   All multi-trunk palms.
      (4)   Trees that are in poor condition or form as determined by the .
      TREES.
         TREE. Any living, self-supporting woody perennial plant which at maturity attains a trunk diameter at least one and one-half inches or more when measured at a point four and one-half feet above ground level and which normally attains an overall height of at least 15 feet, usually with one main stem or trunk and many branches.
         TREE, CONIFER. Pine Tree, Cypress Tree, or other cone-bearing seed plant.
         TREE, DICOTYLEDONOUS (DICOT). A having a woody stem and branches and leaves with net venation and having a separate, distinct outer bark which can be peeled from the .
         TREE, MONOCOTYLEDONOUS (MONOCOT). A palm or a having fronds with parallel venation and no true woody bark with a minimum overall natural height of ten feet at maturity.
         TREE, NATIVE. A of a species identified as native to this area by the of Florida Native Nurseries incorporated herein by reference. These varieties are recommended for utilization for mitigation of the relocated or removal replacement described in Chapter 122 herein.
         TREE, SWALE.   planted along improved typically located between the and edge of .
      TREE ABUSE. Any of the following:
      (1)    a .
      (2)   Pruning that reduces the height or spread of a that has not attained a height or spread of 30 feet.
      (3)   Cutting upon a which destroys its natural habit of growth.
      (4)   Pruning that leaves stubs or results in a flush cut; or splitting of limb ends.
      (5)   Peeling or stripping of bark; or the removal of bark to the extent that if a line is drawn at any height around the circumference of the , over one-third of the length of the line falls on portions of the where bark no longer remains.
      (6)   The use of climbing spikes, nails, or hooks, except for purposes of total or as specifically permitted by standards set by the American National Standards Institute (ANSI A300).
      (7)   Pruning that does not conform to standards or recommendations set by the American National Standards Institute (ANSI A300), with the exception of palm pruning, which shall allow no pruning of fronds above the horizontal plan.
      (8)   Hammering nails or other piercing devices into a .
      (9)   Girdling of by guying, staking, support, string trimmers, or non-removal of planting materials from root balls.
      (10)    mower or mower deck damage inflicted on any portion of a or palm.
      (11)   Vehicular damage inflicted causing bark removal, leaning, and/or destruction.
      (12)    being placed or constructed within or on a .
      (13)   Utilizing any portion of a as a fence post or similar structural support.
      (14)   Overlifting a .
      (15)   Shaping a .
      TREE BOND. A certified check or cashier’s check made payable to the in an amount equal to no less than 100% of the estimated cost of installing, maintaining, and warranting the to be removed, relocated, and/or preserved, and providing a guarantee of replacement by the , to be utilized as part of the site plan approval process for existing on a site plan with relocated denoted for relocation and/or preservation. This shall include whose may be encroached upon during the of the project or any site where specimen exist. The guarantee of replacement shall extend for a period of one from the approved relocation date. The value shall be submitted by the registered who prepared the planting plans or a Certified and approved by the . The value of the bond shall be based upon a published trade wholesale price list for the replacement value with the appropriate multiplier, representing maintenance (watering contract for three months), installation, warranty, and other planting costs factored in. An initial deposit shall be required, in an amount to be set by resolution, to cover the fee charged for staff review to determine that successful relocation, replacement, and protection has been accomplished. Additional deposits may be required from time to time whenever the account balance approaches zero.
      TREE CANOPY. The upper portion of a , consisting of limbs, branches and leaves.
      TREE PERMIT. Consists of the application and all necessary information and fees relating to impact to any existing on site.
      TREE REMOVAL. To permanently remove the trunk or the trunk and root system of a .
      TREE SERVICE PROVIDER or ARBORIST. Any who regularly, for compensation or fee, transplants, maintains, removes, , trims, repairs, injects, or performs surgery on a .
      TREE SURVEY. A depiction of a property showing the location, size, botanical name and common name of all thereon.
      TRENCHLESS TECHNOLOGY (Telecommunications). The use of directional boring, horizontal drilling and micro-tunneling and other similar techniques in the of underground portions of facilities.
      TWO-WAY CAPABILITY (Telecommunications). The incorporation into a Cable System of all appropriate design and engineering characteristics and features so that two-way transmission, including but not limited to addressability, over the System can be implemented and activated.
      UNDERGROUND FACILITIES (Telecommunications). All lines, cables, conduits, posts, tanks and any other facilities owned or operated by other than the which are located wholly or primarily underneath or below the surface of . However, facilities shall be included to the extent required by F.S. § 166.047.
      UNDERSTORY (Landscaping). The plant life existing under a including ferns, bushes, and Groundcovers.
      UNDEVELOPED LAND. Land upon which there is no .
      UNDEVELOPED PARCEL. A upon which there is no .
      UNIFORM ASSESSMENT COLLECTION ACT. F.S. §§ 197.3632 and 197.3635 or any successor statutes authorizing the collection of non-ad valorem on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder.
      UNIVERSAL ACCESS SYSTEM. An electronic system that is universal to allow rapid entry to fire rescue agencies onto commercial properties or multi-family communities and which complies with Section F-108.9.3 of the .
      UNMANNED AERIAL VEHICLE. A type of aircraft that operates without a human pilot onboard, including but not limited to drones (as defined in F.S. § 934.50), model airplanes and rockets.
      USABLE LAND. Land that has adequate public access and which has been cleared, demucked, and is free from deleterious materials, filled with good granular material (soil/sand) free from deleterious material, and graded to a level six inches above the highest existing or proposed adjacent finished crown of road elevation.
      USE. Any purpose or activity for which a or a is intended, designed, arranged, maintained, or occupied.
      USE FEE (Telecommunications). The fee paid by a provider to the for constructing and maintaining facilities in the .
      USE, COMMERCIAL. An enterprise that provides goods and/or services directly to the consumer, where such services are available on and goods are available for immediate purchase and removal from the by the purchaser.
      USE, INSTITUTIONAL. A public or private use that provides a service, whether educational, health, religious, charitable or governmental in character, and is operated by a government, utility, college, tax-exempt or private organization, and/or a . Examples include, but are not limited to: public agency, library, public safety and services, charitable, essential and services, cultural, service and religious facilities, public/private health facilities or other similar uses.
      USER (Landscape Irrigation Conservation). Any , individual, firm, association, organization, partnership, business trust, corporation, company, agent, employee, or other legal entity whether natural or artificial, the United States of America, and the and all political subdivisions, regions, districts, municipalities, and the public agencies thereof, which directly or indirectly takes water from the , including uses from private or public systems, uses under water use permits issued pursuant to Chapter 40E-2, F.A.C., or uses from individual wells or pumps.
      UTILITY. Any public or private facility used for the provision of services, including, but not limited to, Storm Drainage, sanitary , electric power, , gas service, cable television, fiber optics communication, or telephone line, whether underground or overhead.
      UTILITY POLE (Telecommunications). A pole or similar structure that is used in whole or in part to provide or for electric distribution, lighting, traffic control, signage, or a similar function. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached and does not include a pole or similar structure 15 feet in height or less unless the grants a waiver for such pole.
      VACATION RENTAL. Any or group of s in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family, or four-family house or that is rented, in whole or in part, to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests, but that is not a timeshare project.
      VACATION RENTAL AGENT. The or the designated by the of the property to be called upon to answer for the maintenance of the property and for the conduct and acts of occupants of properties.
      VEGETATION, NATIVE (Landscaping). Any plant species that is indigenous to all or a part of the of Florida. Plant species which have been introduced by humans are not classified as native species.
      VEGETATIVE DEBRIS (Emergency Management).   resulting from damage to Lawns, plants and , including but not limited to branches and limbs severed, broken or otherwise hanging from the without being on the ground, but excluding stumps or limbs with a diameter of at least 24 inches at the widest part.
      VEHICLE, COMMERCIAL.
      (1)   Any:
      (1)(a)   Vehicle that permanently or temporarily displays or has affixed to it any marking, , lettering, , picture, symbol, number, or the like, whether alone, or in combination, which identifies or advertises a business or similar commercial venture or use;
      (1)(b)   Vehicle designed or used for the commercial transportation of persons, goods, or things when such design or use is apparent from a visual inspection of the vehicle (e.g., a vehicle which has seating for more than nine passengers or has attached to it racks, carriers, or holders for the transport of glass, mirrors, pipes, ladders, equipment, or other similar item or materials);
      (1)(c)   “Bus,” “farm tractor,” “house ,” “maxi-cube vehicle,” “pole ,” “road tractor,” “semi-trailer,” “special mobile equipment,” “tandem truck,” “ ,” or “truck tractor” as defined by F.S. § 316.003;
      (1)(d)   Vehicle commonly known as a “step van,” “wrecker,” “tow-truck,” “hearse,” “ambulance”, “taxicab,” “well-driller,” and any other similar vehicle so constructed, designed, or used;
      (1)(e)   Vehicle that exceeds eight feet in height from pavement to the highest point on the vehicle (including any appurtenances except ) and 23 feet in length from outside of the front bumper to the outside of the rear bumper; or
      (1)(f)   Vehicle that, upon visual inspection, bears the effect or remnants of regular commercial use, e.g., spilled paint or concrete overpour in the truckbed or elsewhere on the vehicle, or commercial supplies or equipment left in the vehicle overnight.
      (2)   This definition does not include passenger or sports utility vehicles owned by government entities and used as police or fire vehicles.
      VEHICLE, INOPERATIVE MOTOR. Any that cannot move under its own power due to defective or missing , provided, however, that this term does not include vehicles that meet the statutory definition of street rod, ancient, antique, or collectible that are dormant in one location no longer than two months.
      VEHICLE, MOTOR. As defined in F.S. § 320.01.
      VEHICULAR USE AREA. An area used for the loading, circulation, access, storage, or Parking of .
      VERY LOW INCOME PERSON. One or more natural or a family, not including students, that has a total annual anticipated income for the household that does not exceed 50% of the median annual income, as published by the U.S. Department of Housing and Urban Development, adjusted for family size for households within the county. While occupying a rental unit, a very Low Income ’s annual anticipated gross income may increase to an amount not to exceed 140% of 50% of the applicable median income adjusted for family size.
      VESSEL. Any watercraft as defined in F.S. § 327.02.
      VIDEO CHANNEL or CHANNEL (Telecommunications). A portion of the electromagnetic frequency spectrum that is used in a Cable System and which is capable of delivering a television Channel, including the associated audio signal, as television Channel is defined by the FCC by regulation or otherwise.
      VIDEO PROGRAMMING (Telecommunications). Programming provided by, or generally considered comparable to programming provided by, a television station as set forth in 47 U.S.C. § 522(20).
      VIDEO SERVICE (Telecommunications).   Services, including , provided through wireline facilities located at least in part in the without regard to delivery technology, including Internet protocol technology. This definition does not include any provided by a commercial mobile service provided as defined in 47 U.S.C. § 332(d), provided as part of, and via a service that enables end users to access content, information, electronic mail, or other services offered over the public internet.
      VIDEO SERVICE PROVIDER (Telecommunications). An entity providing .
      VILLA. Two or more attached by a common wall in a not exceeding one .
      VINE (Landscaping). Any plant with a long, slender stem(s) that trails or creeps on the ground or climbs by winding itself on a support.
      VIOLATOR. The responsible for the violation which, in the appropriate circumstances, shall be the perpetrator of the violation, the of the real property or personal property, or the legally responsible for the property upon which the violation occurred.
      WAREHOUSE. A or location used primarily for the storage, transfer or distribution of merchandise or commodities.
      WASTEFUL AND UNNECESSARY (Landscape Irrigation Conservation). Allowing water to be dispersed without any practical purpose to the water use: for example, excessive   , leaving an unattended hose on a driveway with water flowing, allowing water to be dispersed in a grossly inefficient manner regardless of the type of water use; for example, allowing   water to unnecessarily fall onto pavement, Sidewalks, and other impervious surfaces; or allowing water flow through a broken or malfunctioning water delivery or   system.
      WASTEWATER (Utilities). The combination of liquid and water-carried pollutants from residences, commercial , industrial plants and institutions together with any groundwater, surface runoff or leachate that may be present.
      WASTEWATER TREATMENT PLANT or TREATMENT PLANT (Utilities). That portion of the which is designed to provide treatment of municipal and industrial waste.
      WATER RESOURCE (Utilities and Landscape Irrigation Conservation). Any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water, and water percolating, standing or flowing beneath the surface of the ground.
      WATER SHORTAGE CONDITION (Utilities and Landscape Irrigation Conservation). When sufficient water is not available to meet present or anticipated needs of using the , or when conditions are such as to require temporary reduction in total water usage within a particular area to protect the from serious harm. A water shortage usually occurs due to drought.
      WATER SHORTAGE EMERGENCY (Utilities and Landscape Irrigation Conservation). That situation when the powers which can be exercised under Part II of Chapter 40E-21, Florida Administrative Code, are not sufficient to protect the public health, safety or welfare, or the health of , fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses.
      WETLANDS. As defined in F.A.C. 40E-4.201(44).
      WHIP ANTENNA (Telecommunications). A cylindrical that transmits signals in 360 degrees.
      WILD ANIMAL. Any nonhuman primate, raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx, or any other Animal so classified by the Florida Game and Fresh Water Fish Commission.
      WIRELESS COMMUNICATIONS FACILITY (Telecommunications). Any equipment or facility used to provide Personal Wireless Service and may include, but is not limited to, , , , cabling, brackets, and other such equipment. Placing a Wireless Communications Facility on an existing does not cause the existing to become a Wireless Communications Facility. It also means facilities, as defined under federal , 47 U.S.C. § 332(c)(7)(C), and includes, but is not limited to, and radio-transmitting , and associated facilities used to transmit Signals. Poles are only a support and are not a Wireless Communications Facility. An open video System is not a Wireless Communications Facility to the extent that it provides ; a Cable System is not a Wireless Communications Facility to the extent that it provides .
      WIRELESS SUPPORT STRUCTURE (Telecommunications). A freestanding structure, such as a monopole, a guyed or self-supporting tower, or another existing or proposed designed to support or capable of supporting wireless facilities. The term does not include a .
      WORK (Prohibited Acts). Any person’s providing any employment or employment-type service for or at the request of another individual or individuals or any public or private entity, whether for compensation or not, whether full or part time, whether legally or not. “Work” includes, without limitation, any such service performed by an employee, independent contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee, associate, servant, volunteer, and the like. The term does not include noncommercial activities performed by members of a .
      YEAR. A calendar year, unless otherwise expressed.
(Ord. 2010-08, passed 10-4-2010; Am. Ord. 2011-04, passed 5-16-2011; Am. Ord. 2011-06, passed 6-20-2011; Am. Ord. 2011-11, passed 9-12-2011; Am. Ord. 2011-16, passed 12-5-2011; Am. Ord. 2012-05, passed 3-19-2012; Am. Ord. 2012-07, passed 4-2-2012; Am. Ord. 2012-10, passed 4-16-2012; Am. Ord. 2012-13, passed 8-20-2012; Am. Ord. 2012-14, passed 9-12-2012; Am. Ord. 2012-18, passed 9-24-2012; Am. Ord. 2012-19, passed 9-24-2012; Am. Ord. 2013-02, passed 5-6-2013; Am. Ord. 2013-04, passed 6-17-2013; Am. Ord. 2013-05, passed 6-17-2013; Am. Ord. 2013-09, passed 9-23-2013; Am. Ord. 2013-13, passed 11-18-2013; Am. Ord. 2014-01, passed 2-3-2014; Am. Ord. 2014-02, passed 2-3-2014; Am. Ord. 2014-21, passed 10-20-2014; Am. Ord. 2014-24, passed 12-1-2014; Am. Ord. 2015-13, passed 6-1-2015; Am. Ord. 2015-17, passed 9-11-2015; Am. Ord. 2015-18, passed 9-11-2015; Am. Ord. 2015-21, passed 9-21-2015; Am. Ord. 2016-03, passed 4-4-2016; Am. Ord. 2016-09, passed 5-2-2016; Am. Ord. 2016-10, passed 5-2-2016; Am. Ord. 2016-12, passed 6-20-2016; Am. Ord. 2016-16, passed 9-12-2016; Am. Ord. 2016-18, passed 9-26-2016; Am. Ord. 2016-21, passed 11-21-2016; Am. Ord. 2017-02, passed 2-6-2017; Am. Ord. 2017-07, passed 8-21-2017; Am. Ord. 2017-11, passed 9-13-2017; Am. Ord. 2017-14, passed 11-6-2017; Am. Ord. 2017-17, passed 11-20-2017; Am. Ord. 2018-06, passed 6-4-2018; Am. Ord. 2018-16, passed 11-19-2018; Am. Ord. 2018-17, passed 12-3-2018; Am. Ord. 2018-18, passed 12-3-2018; Am. Ord. 2019-03, passed 4-15-2019; Am. Ord. 2019-06, passed 6-3-2019; Am. Ord. 2019-12, passed 9-23-2019; Am. Ord. 2020-03, passed 2-18-2020; Am. Ord. 2021-01, passed 2-16- 2021; Am. Ord. 2021-02, passed 5-3-2021; Am. Ord. 2021-06, passed 9-13-2021; Am. Ord. 2021-07, passed 10-18-2021; Am. Ord. 2022-01, passed 9-21-2022; Am. Ord. 2023-06, passed 6-5-2023; Am. Ord. 2024-07, passed 5-6-2024)

 

Notes

Animal
ANIMAL. Every living nonhuman creature.