§ 70-1. 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:

Apartment means a living or residential unit within an apartment house containing the usual and ordinary kitchen facilities.

Apartment house means any building containing in excess of four separate residential units the proprietors of which let the units out for rent for the purpose of living dwellings.

Bags mean plastic sacks designed to store refuse with strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 35 pounds.

Bulky waste means stoves, refrigerators, water tanks, washing machines, furniture and other like waste, other than construction debris, dead animals, hazardous waste or stable matter, with weights or volumes greater than those allowed for bags or bundles.

Bundle means tree, shrub and brush trimmings, or newspapers and magazines securely tied together forming an easily handled package not exceeding four feet in length and 50 pounds in weight.

Commercial refuse means all bulky waste, construction debris, garbage, rubbish and stable matter generated by a producer at a commercial unit.

Commercial unit means all premises, locations or entities, public or private, except residential units, requiring refuse collection within the corporate limits of the municipality, including apartment houses whose proprietors choose to contract private haulers to pick-up the garbage of all residential units located thereon.

Construction debris means waste building materials resulting from construction, remodeling, repair or demolition operations, including refuse created at a residential unit as a result of contractual services.

Container means metal receptacle designed to be lifted and emptied mechanically for use only at commercial units.

Dead animals mean animals or portions thereof having expired from any cause, including dogs, cats or other animals, except farm stock, livestock or those slaughtered or killed for human use. For the purposes of this chapter, the terms "farm stock" and "livestock" mean, but are not limited to, cattle, calves, horses, mules, burros, asses, swine, sheep, goats, farm-raised cervidae species, farm-raised ratite species, and domesticated fish or other animals which are grown, managed, harvested or marketed as a cultivated crop.

Garbage means every accumulation of waste that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter, including used tin cans and other food containers and all easily putrescible or easily decomposable waste, animal or vegetable matter, which is likely to attract animals or insects; except any matter included in the definition of bulky waste, construction debris, dead animals, hazardous waste, rubbish or stable matter. This also includes dead animals as defined in this section.

Hazardous waste means any waste, or combination of wastes, which because of its quantity, concentration, physical or chemical characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Such definition shall be applied only to those wastes identified and designated as such by the state Department of Environmental Quality, consistent with applicable federal laws and regulations.

Litter means garbage, refuse, and rubbish, as defined herein, and all other waste materials which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare, including metals and wood materials, not subject to public or private use.

Producer means an occupant of a residential unit who generates refuse.

Putrescible wastes means decomposed, rotten or decaying animal or vegetable matter.

Refuse means waste generated by a producer at a residential or commercial unit.

Residential refuse means all garbage, rubbish and bulky waste generated by a producer at a residential unit.

Residential unit means a single-family detached, duplex, triplex or fourplex dwelling within the corporate limits of the municipality occupied by a person or groups of persons. A residential unit shall be deemed occupied when any one of the municipality's utility services are being supplied thereto.

Rubbish means all waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes, boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and all other waste materials not included in the definition of bulky waste, construction debris, dead animals, garbage, hazardous waste or stable matter. All rubbish shall be securely bagged or bundled, when feasible. Exceptions must be approved in writing by the sanitation supervisor and/or mayor.

Stable matter means all manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock.

(Ord. No. 42, § V, 3-15-1983; Ord. No. 130-1997, § 1, 12-16-1997)

State law reference

Definitions of livestock, R.S. 3:663, 14:102, and 56:8.