§ 74-3. 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 service container means containers for garbage and refuse that are issued by the city for use with its automated solid waste collection vehicles.

Automated solid waste collection vehicle means city equipment special designed to lift and empty special automated service containers used to store garbage and refuse by the use of mechanical arms to lift such containers off the street, empty them into the trucks, and return them to their original positions.

Bags means plastic trash and refuse bags, biodegradable lawn and leaf bags, and kraft paper compost bags.

Bulk goods means furniture and other large household items, including, but not limited to, sofas, chairs, mattresses and box springs, rolled carpet, floor padding and those items defined herein as white goods.

City police department means the City of West Palm Beach Police Department.

Code enforcement officer means an authorized employee or agent of the city whose duty it is to ensure code compliance, including but not limited to inspectors of the city's code enforcement department and department of public works, and sworn police officers of the city police department.

Commercial collection service means the collection, transport or disposal of garbage, refuse, construction debris or recyclables by a commercial collection service or contractor. Commercial collection service shall not include collection and disposal of residential garbage and recyclable materials collected by the city, hazardous waste or dead animals.

Commercial container means a factory-built, leakproof, steel, aluminum or molded heavy plastic container for covered storage, capable of being handled as a unit by a hoist truck.

Commercial establishment means any public or private place, building and/or enterprise devoted in whole or in part to a business enterprise, whether nonprofit or profit-making in nature, including, but not limited to, any office buildings, stores, churches or other place of worship, markets, theaters, hospitals or other institutional buildings. Commercial establishment shall include structures containing five or more dwelling units, but excludes any structure constituting a residence as defined in this section.

Commercial handbill means 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; which:

(1)

Advertises for sale any merchandise, product, commodity, or thing; or

(2)

Directs attention to any business or mercantile or commercial establishment or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or

(3)

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.

a.

The terms of this subsection 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 any are held, given or take place in connection with the dissemination of information.

b.

Nothing contained in this subsection 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 that license is or may be required by any law of this state, or under any ordinance of this city; or

(4)

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 or gain of any person so engaged as advertiser or distributor.

Construction debris means materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, lumber, plywood, bathroom plumbing fixtures including sinks, toilets and bathtubs, built-in cabinets, and fencing resulting from construction, remodeling, repair or destruction of a structure, and including rocks, soils, tree remains, trees, and other vegetation normally resulting from land clearing or land development operations.

Disability assistance or service animal means an assistance or service dog, and may include other animals specifically trained to perform physical tasks to mitigate an individual's disability. Assistance dogs include: guide dogs that guide individuals who are legally blind; hearing dogs that alert individuals who are deaf or hard of hearing to specific sounds; and, service dogs for individuals with disabilities other than blindness or deafness. The presence of an animal for comfort, protection or personal defense does not qualify an animal as being trained to mitigate an individual's disability and therefore does not qualify said animal as a disability assistance or service animal.

Dump means to throw, discard, place, deposit, or otherwise dispose of.

Garbage means any waste accumulation of meat, fish, fowl, fruit, or vegetable matter used or intended for food or that accompanies the preparation, use, cooking, processing, handling or storage of meat, fish, fowl, fruit or vegetables or any other eatable matter which is subject to decomposition, decay and the generation of offensive and noxious gases or odors.

Hazardous waste means materials which have been defined as hazardous waste in regulations promulgated by the United States Environmental Protection Agency, or that are otherwise capable of creating harm to people, the environment, and property that require special handling, including, but not limited to, explosives, pathological or biomedical wastes, asbestos, radioactive materials, paint, tires and acidic, toxic, caustic (including non-household batteries), highly flammable or combustible chemicals, fluorescent bulbs (commercial), auto fluids, cooking oils and grease traps, pesticides, corrosives, poisons, cryogenics, and barbecue propane tanks.

Land means any plat, parcel, lot or portion thereof, including any abutting city right-of-way, easement or portion thereof.

Litter means any garbage; rubbish; trash; refuse; can; bottle; box; container; paper; illegally placed signage; tobacco product; tire; appliance; mechanical equipment or part; building or construction material; tool; machinery; wood; motor vehicle or motor vehicle part; vessel; aircraft; farm machinery or equipment; sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility; or substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or government operations.

Motor vehicle means an automobile, motorcycle, truck, trailer, semitrailer, truck tractor, or semitrailer combination or any other vehicle that is powered by a motor.

Newspaper means any newspaper of general circulation as defined by general law, any newspaper duly entered with the post office department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

Noncommercial handbill means any printed or written matter, any sample, device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the definitions of a "commercial handbill" or "newspaper".

Occupant means any individual leasing, renting, occupying, utilizing, managing or controlling a property or portion thereof.

Owner means any person, agent, operator, firm, partnership, corporation, guardian or executor or administrator of an estate having a legal interest in property, holding title to property or otherwise having control of a property.

Person means any individual, corporation, partnership, firm or any other group of individuals acting as a legal unit.

Pet means a domesticated animal (other than a disability assistance or service animal) kept for amusement and companionship.

Pet owner or keeper means any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.

Pet solid waste means waste matter expelled from the bowels of the pet; excrement.

Private premises means any dwelling, house, building, or other structure, 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 that dwelling, house, building or other structure.

Recyclable material means material approved by the solid waste authority that would be refused except that it can be reused and is accepted by a material recycling facility. All recyclable material shall be source-separated.

Refuse means all solid waste, including trash, paper, and rubbish, excluding bulk goods and white goods, construction debris, garbage and hazardous wastes, body and animal excretion and dead animals, but shall not include brick, masonry block, rocks, soil, loose dirt or sand.

Residence (or residential) means a structure of no more than four dwelling units designed for occupancy of more or less permanent tenure, including single-family homes, garage apartments, duplexes, triplexes and quadraplexes.

Residential container means a plastic bag able to be sealed; or can liner, of at least one mil thickness and strength, leakproof and spill-proof; or a watertight, leakproof; and spill-proof container made of galvanized steel, aluminum or plastic having two handles or a bail for lifting and a tight fitting lid capable of closure which completely covers the top of the container. Such bag or container may not exceed a capacity of 35 gallons, unless issued to a residence by the city, or as allowed by the superintendent, as in the instance of an automated service container. Such bags or cans may only be used in locations not serviced by an automated solid waste collection vehicle.

Shared dumpster/compactor means a city-provided dumpster or compactor that is utilized by more than one commercial enterprise, owner, resident or other entity.

Solid waste means wastes that include garbage, refuse, yard and garden wastes, bulk goods and white goods, and recyclable materials, excluding hazardous waste, dead animals, construction debris and human and animal excretion.

Special collection pick-ups means the collection and disposal of any type of debris, goods, refuse, and waste, as defined in this article, by the city outside the regularly-scheduled time for such collection and disposal for an additional fee. Special collection pick-ups include: (i) planned pick-ups whereby a property owner, tenant, or his agent contacts the city to request a pick-up of solid waste on his property; and (ii) all other pick-ups by the city of any type of debris, goods, refuse, and waste that are accepted by the superintendent and have been improperly placed or that are outside the regularly-scheduled time for collection and disposal and may include pick-ups made by the city following a natural disaster or storm event.

Special magistrate means a hearing officer appointed pursuant to chapter 26 of this Code.

Street means any strip of land, including alleys, open to the public for the use of vehicular traffic and delineations, signs or other traffic-control devices to channel traffic.

Superintendent means the public works department utilities operations and maintenance superintendent.

Tree means any woody plant or palm that reaches a height of 15 feet or greater in its mature state under normal growing conditions.

Vegetation means any species of living plant material excluding trees as defined in this section.

Vessel means a boat, barge, or airboat or any other vehicle used for transportation on water.

Weed means any vegetation that grows wild and is not considered grass, flowers, shrubs or other plants that are normally desired or procured for planting.

White goods means appliances of any color, including, but not limited to ranges, stoves, refrigerators, washing machines, dryers, freezers, window air conditioners, hot water heaters, or other similar bulky appliances.

Yard and garden wastes means grass clippings, leaves, tree and shrubbery cuttings or trimmings, broken or cut tree limbs and logs, discarded Christmas trees and/or other vegetation incidental to the care of lawns and gardens, but shall not include soil, loose dirt or rocks.

(Ord. No. 4160-08, § 1, 9-22-2008; Ord. No. 4267-10, § 2, 9-7-2010; Ord. No. 4792-18, § 2, 8-13-2018)