§ 98.02. DEFINITIONS.

For the purpose of this Chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Aircraft. Any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air-dirigibles and balloons.

Animal. Every dumb creature.

Authorized private receptacle. A litter storage receptacle.

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 copies of any matter of literature:

(1)

Which advertises for sale any merchandise, product, commodity or thing;

(2)

Which 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;

(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 the 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 the license is or may be required by any law of this State or under any ordinance of this City; 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 person so engaged as advertiser or distributor without cost to the recipient.

Department. The State of Florida Department of Environmental Regulation [Protection].

Generator. A person not defined as a collector who generates waste tires in the ordinary course of business.

Litter. All discarded materials, including, but not limited to, waste materials, building materials, commercial trash, garbage, household trash, industrial waste, refuse and yard trash as specified hereinbelow.

(1)

Building Material. Any materials or other substances accumulated as a result of repairs or additions to existing building, construction of new buildings or demolition of existing structures.

(2)

Commercial Trash. Any and all accumulations of paper; rags; excelsior; wood, paper or cardboard boxes or containers; sweepings; furniture; appliances; tires; and any other accumulation not included under the definition of garbage, generated by the operation of stores, offices, public buildings and other business places. Commercial trash shall also include all trash placed in public receptacles in public places for collection.

(3)

Foul Odors. Odors emanating from garbage or other waste materials.

(4)

Garbage. Any and all accumulations of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in, or storage of, meats, fish, fowl, fruit, vegetables and any other matter, of any nature whatsoever which is subject to decay, putrefaction and the generation of noxious and offensive gases or odors, or which, during and after decay, may serve as breeding or feeding material for flies or other germ carrying insects; bottles, cans or other food containers which, due to their ability to retain water, may serve as a breeding place for mosquitoes or other water breeding insects.

(5)

Hazardous Refuse or Waste. Materials or combinations of materials which require special management techniques because of their acute or chronic effects on air and water quality; on fish, wildlife or other biota; and on the health and welfare of the public. These "hazardous materials" include, but are not limited to, volatile, chemical, biological, explosive, flammable, radioactive and toxic materials.

(6)

Household Trash. Any and all accumulations of waste material from the operation of a home, which is not included within the definition of garbage. Household trash shall include, but not be limited to, all small appliances, small furniture, yard toys and building material waste from residential do-it-yourself projects. Waste generated by building contractors or subcontractors and waste generated by tree surgeons is not household trash.

(7)

Industrial Waste. Any and all debris and waste products generated by canning, manufacturing, food processing (except restaurants), land clearing, building construction or alteration (except residential do-it-yourself projects), and public works type construction projects whether performed by a governmental unit or by contract.

(8)

Refuse. Solid waste accumulations consisting of garbage, household trash, yard trash and commercial trash as herein described.

(9)

Yard and Garden Trash or Garden and Yard Trash. Any and all accumulations of grass, palm fronds, leaves, branches, shrubs, vines, trees, tree stumps and other similar items generated by the maintenance of lawns, shrubs, gardens and trees.

Newspaper. A "newspaper" printed and published periodically once a week or oftener, containing at least twenty-five (25) percent of its words in the English language, entered or qualified to be admitted and entered as second-class matter at a post office in the county where published, for sale to the public generally, available to the public generally for the publication of official or other notices and customarily containing information of a public character or of interest or of value to the resident or owners of property in the County where published, or of interest or of value to the general public.

Noncommercial handbill. Any printed or written matter, any sample, 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 not included in the aforesaid definitions of a commercial handbill or newspaper.

Occupant. The person who has the use, possession or control of the private premises or business premises regardless of the ownership of the property.

Park. A playground, beach, recreation center or any other public area in the City owned or used by the City and devoted to active or passive recreation.

Private premises or private property. As defined in Section 51.01 and is 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 the dwelling, house, building or other structure.

Public place or public property. As defined in Section 51.01 and is any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, beaches, grounds, buildings and wherever the public has a right to travel by motor vehicle.

Rubbish. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrapping, cigarettes, cardboard, cans, yard clippings, tree trunks and branches, wood, glass, bedding, bottles, crockery, broken concrete material from demolishing, repairing or remodeling buildings and similar materials.

Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.

Waste tire. A whole tire that is no longer suitable for its originally intended purpose because of wear, damage or defect.

Waste tire collector. A person who removes and/or transports more than twenty-five (25) waste tires or processed tires from one place to another over public highways.

(Code 1980, § 12-33; Ord. No. 34-83, passed 5/20/83; Am. Ord. No. 83-91, passed 12/3/91)