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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:

Approved garbage, rubbish or debris storage container means a non-corrodible and water-tight container not exceeding 32 gallons capacity with a tight, insectproof and rodentproof cover; or a plastic bag of sufficient strength, filled not more than 75 percent of capacity and securely tied at the opening; or a paper bag baled from a mechanical compactor; or an approved dumpster bin designed for mechanical lifting into a rubbish vehicle; or any other container approved by the City. Paper bags, unless baled from a mechanical compactor, are expressly prohibited.

Food service establishment means any commercial food establishment, producing, processing, wholesaling, warehousing, transporting or retailing any food including but not limited to restaurants, groceries, meat and vegetable markets, hospitals, nursing homes, public and private schools, and other similar establishments.

Garbage means any and all rejected or waste household food, offal, swill, kitchen refuse, and every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking and dealing in or storing of food, or meat, fish, fowl, fruit or vegetable.

Litter means any rubbish, waste material, garbage, trash, debris, or noxious foreign substance, whether solid or liquid, of every form, size, or description, except snow and ice.

Lot includes any real property in single or joint ownership which boundaries encompass less than five acres.

Open area means any real property in single or joint ownership of a total area of five acres or more.

Owner (occupant) includes any person who alone, jointly or severally with others:

(1) Has a legal or equitable interest in a dwelling unit, with or without accompanying actual possession thereof;

(2) Acts as the agent of a person having a legal or equitable interest in a dwelling or dwelling unit thereof; or

(3) Is the general representative or fiduciary of an estate through which a legal or equitable interest in a dwelling unit is administered.

Ownership means ownership of land which shall be deemed to extend from the centerline of any abutting alley, to and including the curb and gutter area of any abutting street of any such lot or tract of land.

Private property includes but is not limited to the following locations owned by private individuals, firms, corporations, institutions, or organizations: yards, grounds, driveways, entranceways, passageways, parking areas, working areas, storage areas, vacant lots, and recreation facilities.

Public property includes but is not limited to the following exterior locations: streets, street medians, roads, road medians, catchbasins, sidewalks, strips of land between streets and sidewalks, lanes, alleys, public rights-of-way, public parking lots, school grounds, housing project grounds, municipal vacant lots, parks, beaches, playgrounds, other publicly owned recreation facilities, and municipal waterways and bodies of water.

Registered garbage, rubbish, debris hauling vehicle means a vehicle equipped for the purpose of hauling garbage, rubbish or debris and being approved for a certificate of registration by the director of public works.

Registered trash hauler means any person, company, or business association engaged in the business of removing or causing to be removed or conveying, carting, hauling or drawing or causing to be conveyed, carted, hauled or drawn trash, ashes, refuse, rubbish, litter, waste products, sweepings or other accumulations for hire registered with the director of finance to perform such service in this city pursuant to article III, division 2 of this chapter.

Rubbish, debris means all accumulations of waste; refuse; rejected animal, mineral or vegetable matter; manure; ashes; wastepaper; cans; bottles; broken china; sawdust; leaves; grass cuttings; shrubbery and tree trimmings; algae or growth of any vegetation that may create a slick surface for pedestrians; shavings and packing material; weeds; partially wrecked, junked or discarded vehicles; and appliances or parts thereof which are not or cannot be used for their intended purposes; sweepings; liquid or chemical waste; or any other waste material, including construction or demolition wastes.

Unlawful vehicle means any device which is capable of moving from place to place upon wheels or tracks, as well as devices capable of being moved through water, such as boats, but shall not include any device designed to be moved solely by muscular power which:

(1) Apparently is inoperative, apparently unseaworthy or legally inoperative due to the vehicle's unsafe condition regarding the potential to endanger persons or property or due to the lack of required equipment as stated in this Code, including but not limited to inflated tires, operable lights, operable brakes, windows, and windshields;

(2) Does not have lawfully affixed thereto an unexpired license plate, if such plate is required by law; or

(3) Is wrecked, dismantled, partially dismantled, discarded, or severely dilapidated.

Waste shall mean the useless, unused, unwanted, or discarded material resulting from normal community activities, or materials which by their presence may injuriously affect the health, safety, and comfort of persons and depreciate property values in the vicinity thereof. (Code 1979, § 40-16; Ord. No. 2013-54, § 1, 11-25-2013; Ord. No. 2007-61, § 1, 10-15-2007; Ord. No. 99-07, §§ 2, 3, 3-29-1999)

Cross reference: Definitions generally, § 1-2.