§ 6-67. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Biohazardous waste means any solid or liquid waste which may present a threat of infections to humans. The term "biohazardous waste" includes, but is not limited to, nonliquid human tissue and body parts; laboratory and veterinary waste which contains human-disease-causing agents; used disposable sharp medical equipment; human blood, blood products and body fluids; and other materials which in the opinion of the state department of health and rehabilitative services represent a significant risk of infection to persons outside the generating facility.

Biological waste means any solid or liquid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biohazard wastes, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals.

Commercial establishment means any structure used or constructed for use other than as a residential unit. For purposes of this article, hotels, and motels are commercial establishments.

Customer means a person who uses the solid waste or recycling services of a private hauler.

Franchisee means the named person who obtains a franchise from the city pursuant to this article to provide private hauling services.

Garbage means every refuse accumulation of animal, fruit, vegetable, or organic matter that attends the preparation, use, cooking, and detailing in, or storage of, meat, fish, fowl, fruit, flowers, plants, or vegetables, and decay, putrefaction and the generation of noxious or offensive gases or odors, or, which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects.

Garbage can or container means any container made of galvanized metal, durable plastic or other suitable material of a capacity not less than ten gallons and not to exceed thirty gallons approved for use by the city manager or his/her designee. The container shall have two handles upon its sides, or a bail by which dirt may be lifted, and shall have a tightfitting solid top.

Gross receipts means the entire amount of fees collected by a franchisee, exclusive of state sales taxes provided by law, from any person within the city for garbage, hazardous, industrial, biomedical, biological or solid waste; construction and demolition debris; trash; litter; refuse; and/or rubbish collection, removal and disposal resulting from the collection of solid waste from multifamily residential and commercial customers within the city.

Hazardous waste means any solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to an increase in mortality or in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed.

Industrial waste means any and all debris and waste products generated by manufacturing, food processing (except restaurant), land clearing, any commercial shrubbery or tree cutting, building construction or alteration (except do-it-yourself home projects) and public works type of construction projects whether performed by a government unit or by contract.

Infectious waste means those wastes which may cause disease or may reasonably be suspected of harboring pathogenic organisms. Included are wastes resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which may consist of, but are not limited to, diseased human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing, and surgical gloves.

Multifamily residential establishment means any structure other than a residential unit which is used, or constructed for use, as a multiple dwelling facility. Multifamily residential establishments shall include, without limitation, roominghouses, tourist courts, trailer parks, apartment buildings with rental or cooperative apartments, or multiple-story condominiums with common means of ingress of egress.

Performance or payment bond means the form of security approved by the city and furnished by the franchisee as required as a guarantee that the franchisee will execute the work in accordance with the terms of this chapter and will pay all franchise fee payments due to the city.

Private hauler means any person, entity, corporation or partnership for hire that removes, collects and transports for disposal any solid waste over the streets or public rights-of-way within the city. The qualified and approved private hauler must have the following:

(1)

A minimum two years of incorporation;

(2)

Proven experience servicing a municipal and governmental contract;

(3)

Possession of a county waste haulers permit; and

(4)

A county local business license.

Recyclable materials means those materials which are capable of being recycled and which would otherwise be processed or disposed of as a solid waste.

Residential unit.

(1)

The term "residential unit" means any structure which is used, or constructed for use, as a single-family dwelling, duplex, cluster house or townhouse, and which is located on a single lot, parcel or tract of land. For the purposes of this article, any condominium structure composed of privately-owned, single-family housing units with separate means of ingress or egress and containing no more than two stories shall be considered a residential unit.

(2)

The term "residential unit" shall not mean or include any "multifamily residential establishment," as the term is defined in this section.

Solid waste means garbage, trash, litter, yard trash, hazardous waste, construction and demolition debris, industrial waste, or other discarded materials, including solid or contained gaseous materials resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. Solid waste includes, but is not limited to, biohazardous waste, biological waste, garbage, hazardous waste, industrial waste, infectious waste, and recyclable materials.

Solid waste disposal means disposition of solid waste by means of combination, land filling or other final method of discard.

(Ord. No. 2004-03-19, § 2, 2-11-2004)