§ 54-1. Definitions.

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

Automated collection means a system of waste collection which utilizes automated or semi-automated refuse carts, or dumpsters and collection vehicles capable of automatically or semi-automatically picking up and unloading the refuse cart.

Biohazardous waste means any solid waste or liquid waste that may present a threat of infection to humans. The term includes but is not limited to non liquid human tissue and body parts; laboratory and veterinary waste containing human-disease-causing agents; used disposable sharps; human blood, human blood products, and any body fluids; and any other materials representing a significant risk of infection to persons outside of the generating facility or defined as "biohazardous waste," "biomedical waste," or "biological waste" under state or federal law.

Building official means the director of the building, zoning and licensing department.

Bulky waste means quantities of municipal solid waste, yard waste or other items whose large size precludes or complicates their handling by can residential solid waste collection, automated collection, containerized residential solid waste collection processing or disposal methods. Bulky waste shall not include other municipal solid waste requiring special handling and management, including, but not limited to, white goods, waste tires, refrigerants, used oil, lead-acid batteries, construction and demolition debris, ash residue, and biohazardous waste.

Can residential solid waste collection means the collection of residential municipal solid waste from dwelling units whose garbage is collected by means of a garbage can.

Citation means a written notice, issued to a person by an officer, that the officer has probable cause to believe the person has committed a civil infraction in violation of a duly enacted ordinance and that the county court will hear the charge.

Collector means any person: (1) employed by, or who contracts with the city, or who has a permit issued by the city; and (2) who is engaged in the collection, transportation and disposal of municipal solid waste or recovered materials from residential, commercial, industrial, institutional or other establishments.

Commercial and industrial premises means all premises except residential premises.

Commercial municipal solid waste container or commercial solid waste container means a dumpster, roll-off box, compactor or other container for municipal solid waste approved for commercial use by the director.

Compactor means any fixed or mobile, manual, mechanical, hydraulic or electrical machine designed and used specifically for compacting, volume reduction, densification, and containing of refuse or recyclables.

Compacted municipal solid waste means municipal solid waste that has been processed by a compactor.

Construction and demolition debris means discarded materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition site. The term includes rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project; except as provided in F.S. § 403.707(13)(j), Section 10, unpainted, non-treated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, non-treated wood pallets provided the wood scraps and pallets are separated from other municipal solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other municipal solid waste; and the de minimis amounts of other non-hazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the construction and demolition industries. Mixing of construction and demolition debris with other types of municipal solid waste will cause it to be classified as other than construction and demolition debris.

Containerized residential solid waste collection means the collection of residential municipal solid waste from dwelling units whose garbage is collected by means of a central or shared commercial municipal solid waste container and not by means of a garbage can or refuse cart.

Contained yard waste means yard waste, which is placed in containers, provided by the customer or provided and assigned by the city. Acceptable containers provided by the customer include metal or plastic cans (each not to exceed 32-gallon capacity), or paper bags, provided that the bags are not over 60-gallon capacity and do not weigh more than 60 pounds. The cans or bags shall be strong enough to support the weight of the contents without tearing, ripping or breaking.

Container —See residential municipal solid waste container.

Contractor-generated waste means construction and demolition debris, or bulky yard waste, or any combination thereof, generated by builders, building contractors, privately-employed tree trimmers and tree surgeons, landscape services and lawn or yard maintenance services and nurseries.

Curbside means that portion of the right-of-way adjacent to and abutting the traveled city streets and alleys. The intention of a curbside designation is to allow collection in a rapid manner with walking or reaching minimized. In all cases, the city manager or director shall have the authority to approve or specify the precise location for such curbside placement.

Department means the city's public works department.

Director means the director of the public works department.

Dumpster lock means a lock provided by the department for commercial sanitation customers requiring lock service. The lock operates with a master key and is the only lock a customer may use to secure its dumpster enclosure with gates.

Dumpster pad means construction of a concrete pad at a location approved by the public works department that is constructed in compliance with the specifications identified in subsection 54-36(b).

Dumpster pad enclosure means a three-sided structure used to enclose a dumpster pad. The enclosure may include attachment of swinging gates at the dumpster service entrance of the pad. The enclosure and gates must be constructed in compliance with the specifications identified in subsection 54-36(b).

Electronic waste means telephones, televisions, fax machines, printers, copiers, scanners, monitors, microwaves, cell phones and any other household electronic devices or devices containing a cathode ray tube. White goods and other small kitchen appliances are not electronic waste.

Gated communities means a residential development with privately owned homes and roads where ingress and egress to the development is controlled by gates or other forms of security.

Garbage means all accumulations of animal, fruit or vegetable matter that results from the preparation, use, cooking, dealing in or storage of meats, fish, fowl, fruit, vegetables and any other matter of any nature which is subject to decay, putrefaction and the generation of noxious and offensive gasses or odors, or which, during and after decay, may serve as a breeding or feeding material for rodents, stray animals, flies or other germ-carrying insects.

Hauler —See private solid waste hauler.

Hazardous waste means waste which requires special handling due to its acute or chronic effects on air and water quality, on fish, wildlife or other biota, and on the health and welfare of the public, including but not limited to material designated as hazardous in any federal, state, county, or city statute, regulation or ordinance; also that waste which is determined to be hazardous by the United States Environmental Protection Agency, or any other federal agency.

Industrial solid waste means municipal solid waste generated by manufacturing or industrial processes that is not hazardous waste. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes; electric power generation; fertilized/agricultural chemicals; food and related products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing or foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment.

Junk means household discarded materials, furniture, and any other discarded matter other than garbage and yard waste, which is non-containable and is abandoned for disposal.

Lawn and leaf bag means a bag constructed of material which is made of biodegradable paper, meets federal wet strength standards and is used exclusively for yard waste materials.

Litter means any garbage, rubbish, trash, refuse, can, bottle, container, paper, lighted or unlighted cigarette or cigar, or other like material which is not containerized.

Loose yard waste means grass, leaves, tree limbs or other organic cuttings related to the maintenance of lawns or gardens that is not containerized and is appropriately placed out for collection.

Manual collection system is a system of waste collection which uses manual labor to pick up and load acceptable waste in rear-loading collection equipment.

MSW —See municipal solid waste.

Municipal solid waste or MSW mean discarded property, whether composed of either organic or inorganic particles or a combination of both, including garbage, junk, refuse and trash. The term does not include recovered materials as defined in this section or in F.S. § 403.703(7), or yard waste.

Municipal solid waste container —See residential municipal solid waste container.

Nonpermanent donation center is any container, trailer or other device not requiring a certificate of occupancy, or other building permit, that is manned or unmanned on public or private property used to accept donations of clothing, furniture, household goods or other items intended for reuse.

Owner means a person who owns, leases or occupies property.

Pallet means a portable platform made of non-pressure treated wood used for storing or moving cargo or freight. Pallets of this type are recyclable and shall be disposed of as clean wood waste.

Permittee means any person who obtains a private hauler permit from the department.

Plastic garbage bag means a polyethylene or other heavy-duty plastic bag, which meets the National Sanitation Foundation, standard for thickness of one and one-tenth mils, has a capacity not to exceed 32 gallons, and has a securing mechanism.

Private collector —See private solid waste hauler.

Private hauler —See private solid waste hauler.

Private road means an undedicated paved or unpaved thoroughfare that provides vehicular access to developed property.

Private solid waste hauler, private hauler, private collector or hauler means any person engaging in conduct for which a permit is required under section 54-33.

Quarter load means five cubic yards of loose yard waste or junk that is placed at the curb or alleyway for collection. A sample dimension of five cubic yards is six feet long by four feet high by five feet eight inches wide.

Rates shall mean those charges and fees adopted by the city council by resolution, ordinance or contract for the collection, disposal and management of municipal solid waste, yard waste and recovered materials.

Recovered materials means metal, paper, glass, plastic, textile, rubber or organic, including without limitation, yard waste materials that have known recycling potential, can be feasibly recycled, and have been diverted and source-separated or have been removed from the municipal solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials are not municipal solid waste.

Recovered materials dealer means any person who handles, purchases, receives, recovers, sells, or is an end-user of recovered materials and has obtained current certification to be a recovered materials dealer pursuant to the procedures and requirements defined in F.S. §§ 403.7046(1) and 403.7046(3)(b).

Recyclable commodities means items which, after processing, can be reused, and which would otherwise be processed or disposed of as municipal solid waste.

Recycling means any process by which materials, which would otherwise become municipal solid waste, are diverted, collected, separated, or processed and reused or returned to use in the form of raw materials or products.

Recycling container means an authorized container for recyclable commodities.

Recycling dumpster means a dumpster specifically colored and labeled for the collection of specific recyclable commodities.

Refuse means garbage, trash and any other discarded matter which is containable and is abandoned for disposal but is not sought for recycling.

Refuse cart means a serial numbered container issued by the city with a capacity of between 40 and 96 gallons, on wheels for rolling, with a non-removable hinged lid, suited to semi-automated or automated dumping equipment provided by the city sanitation division, and contents not over 250 pounds.

Rerouting means the purposeful or unintended altering of a planned collection route, which prevents the collection of municipal solid waste at the time service, is normally provided. Purposeful or unintended altering may include, but is not limited to, obstruction, inaccessibility, customer request, or complaints from nearby residents.

Residential municipal solid waste container, municipal solid waste container or container means an authorized container, made of durable plastic or metal, of a capacity not less than 20 gallons and not more than 32 gallons. Such a container shall have two handles upon the sides of the can and a tight-fitting cap or lid, and shall be watertight.

Salvaging means the controlled removal of valuable or useful material from municipal solid waste for utilization.

Sanitary nuisance means a condition created by any person, or the keeping, maintaining, propagation, existence, or permitting of anything by a person by which the health or lives of individuals may be threatened or impaired, or by which disease may be caused or transmitted.

Sanitation services means the utility established pursuant to section 54-2.

Scavenging means the uncontrolled removal of materials at any point in solid waste management. Sanitary municipal solid waste system means those formal divisions of the department involved in the management of municipal solid waste.

Solid waste enforcement officer means those employees of the department who are responsible for investigating and monitoring compliance with this chapter. Persons employed as solid waste enforcement officers must meet or exceed the requirements as set forth by F.S. § 943.13, and the state department of law enforcement standards and training division pertaining to certification, training and education.

Solid waste management means the process by which municipal solid waste is collected, transported, stored, separated, processed, or disposed of in any other way according to an orderly, purposeful and planned program.

Source-separated means that recovered materials are separated from municipal solid waste where the recovered materials and municipal solid waste are generated. The term does not require that various types of recovered materials be separated from each other and recognizes that de minimis municipal solid waste, in accordance with industry standards and practices, may be included in the recovered materials.

Transfer station means the legally approved and properly permitted site that is designated by contract for the disposal of all municipally collected solid waste, industrial waste, waste tires and hazardous waste.

Trash means household discarded materials, furniture and any other discarded matter, other than garbage, which is abandoned for disposal.

Waste tire means a tire from a motorized vehicle, that is no longer suitable for its originally intended purpose because of wear, damage or defect, or which is no longer intended by the holder thereof for vehicular use.

White goods means inoperative and discarded refrigerators, freezers, ranges, clothes washers and dryers, water heaters, dishwashers and other similar domestic and commercial large appliances of any color.

Yard waste means grass, leaves, tree limbs or other organic cuttings related to the maintenance of lawns and gardens. Yard waste is not municipal solid waste.

(Ord. No. 5084, § 1, 10-10-02; Ord. No. 5192, § 1, 8-5-03; Ord. No. 5564, § 1, 9-19-06)