§ 106-31. Definitions.

The definitions provided in Fla. Admin. Code Ann. r. 62-701.200 shall apply to this article. Otherwise, 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:

Authorized collector means any person or party who is franchised to collect and transport solid waste in the unincorporated areas of the county.

Building permit means a permit issued by the county which allows construction and/or demolition on real property.

Bulk trash means large cuttings of vegetative and wood matter which are part of normal yard maintenance which shall be placed in a commercial refuse bin. Bulk trash may include for commercial purposes matter or debris resulting from tree removal, land clearing, land development, building demolition or home improvement. Home improvements would include but not be limited to carpeting, cabinets, dry wall, lumber, paneling and other such construction-related materials. Bulk trash does not include automobiles and automotive components, boats and internal combustion engines. In the case of a dispute between a collector and a customer as to what constitutes bulk trash, the situation will be reviewed and decided by the director, whose decision will be final.

Commercial collection service means the solid waste collection and transportation service provided to commercial property, as defined in this section.

Commercial property shall consist of but not be limited to, improved real property utilized for wholesale or retail sales, motels, hotels, mobile home or recreational vehicle parks, bowling alleys, theaters, stores, offices, apartments and condominiums (not meeting the definition of multifamily dwelling unit), restaurants, service stations and garages, laundries and other cleaning establishments, manufacturing, industrial, agricultural and institutional establishments and residential improved real property which is ten acres or more in area and any property where construction or demolition is proceeding. For purposes of this article, the zoning of the property, whether the business is licensed or not or whether the activity is for profit or not, shall not affect its designation as commercial.

Commercial refuse bin means a large container (made of nonabsorbent material, typically metal) for commercial solid waste or recyclable material, usually of the two-cubic-yard to eight-cubic-yard size, and roll-off containers of larger capacities, which are emptied into collection vehicles by mechanical means.

Container means a container made of nonabsorbent material, provided with a closely fitting cover and side bail handles, and of 30 gallons or less gross capacity. The container shall not weigh more than 60 pounds when loaded. The director may approve alternative containers.

Customer means all persons occupying commercial property within the unincorporated area of the county, except those persons granted exemptions.

Director means the director of the solid waste management division of the department of public works, or his designees, who acts in place of the assistant county manager for public works.

Disposal area means any site, location, tract of land, area, building or premises used for solid waste accumulation or disposal which has been permitted by the state department of environmental protection.

Franchise means a nonexclusive grant awarded by the county council to a collector to provide collection and/or transportation service to commercial property within part of or the whole unincorporated area of the county.

Infectious wastes means those wastes which may cause disease or reasonably be suspected of harboring pathogenic organisms. Included are wastes resulting from the operation of medical clinics, hospitals and other facilities producing wastes which may consist of but are not limited to diseased human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing and surgical gloves.

Junk means any tangible item such as furniture, appliances, bicycles (excluding motor vehicles) or similar property not having a useful purpose to the owner or abandoned by the owner and not included within the definition of the term "garbage" or "yard trash."

Local business tax receipt means that prescribed by section 114-1 of the Code.

Maximum allowable collection rate means the maximum rate established by the county council which collectors may charge their customers for commercial collection service, except for roll-off containers.

Multifamily dwelling unit means any building or structure containing four or less dwelling units held under common ownership and either under common roof or having common walls or a cooperative agreement for provision of services.

Occupational license means a license issued by the county granting the privilege of engaging in any business, profession or occupation at a particular location.

Packer truck means a vehicle equipped with a packer unit, hydraulically operated for loading and unloading of solid waste.

Parkway means that portion of the street right-of-way paralleling any public thoroughfare between the curbline or paving line and the abutting property line.

Refuse means a combination of or mixture of garbage, trash, rubbish or any other solid waste materials.

Rubbish means refuse, accumulation of paper, excelsior, rags, wooden or paper boxes or containers, sweepings, and all other accumulations of any nature other than garbage, which are usual to housekeeping and to the operation of stores, offices and other business places, and also any bottles, cans or other containers which, due to their ability to retain water, may serve as breeding places for mosquitoes or other water-breeding insects.

Street means an open public right-of-way or dedicated right-of-way with passable access.

Transportation license means a license issued for a period of one year by the county which allows persons to transport solid waste within the unincorporated area, including occupational waste by the generator of such occupational waste, provided that the person owns and operates an approved vehicle for the collection and transportation of the solid waste.

Truck means any truck, trailer, conveyance, equipment or vehicle used to collect and/or transport solid waste upon or along a public highway approved by the director.

(Ord. No. 89-37, § IV, 9-21-89; Ord. No. 2011-05, § I, 3-4-11)

Cross reference

Definitions and rules of construction generally, § 1-2.