§ 106-91. 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:

Bulk trash means large cuttings of vegetative and wood matter which are part of normal yard maintenance which cannot be cut for placement in a container or bundle due to the material exceeding the weight and size restrictions for regular yard trash. Bulk trash shall be of a type as to be readily handled by the mechanical equipment of the collector. Bulk material shall not exceed four feet in length or 60 pounds in weight. Bulk trash does not include any form of matter or debris resulting from tree removal, land clearing, land development, building demolition or home improvement. For purposes of this subsection, home improvement materials include but are not limited to, carpeting, cabinets, dry wall, lumber, paneling and other such construction-related materials. Carpeting will be picked up by the collector if cut to lengths of six feet or less and bundled. 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.

Collector means any person or party who is franchised to engage in collection or transportation of solid waste in the unincorporated areas of the county.

Container means a container of a capacity of 96 gallons provided by the collector to a residential premises, or smaller capacity when provided by, and at the expense of, the occupant of the premises and authorized by this article. The director may approve alternative containers.

Customer means all persons owning residential improved real property within the district that is within the collector's service area, except for 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.

District means the boundaries of the Volusia County Mandatory Solid Waste Collection and Disposal Special Assessment District created under the authority of chapter 110, article IV.

Franchise means a franchise granted by the county council to a collector to provide collection and/or transportation service in a specific unincorporated service area of the county.

Improved property means all residential improved real property as defined in this section that generates or is capable of generating solid waste.

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."

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.

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.

Residential improved real property means all single-family residences and multifamily dwelling units, as defined in this section.

Residential service means the collection service provided by a franchise holder to any residential improved real property.

Service area means that exclusive area granted by a franchise issued by the county council to the collector for providing collection services under this article.

Single-family residence means any building or structure designed or constructed for and capable of use as a residence for one family, regardless of the type of structure. Such term includes a mobile home or trailer that is erected on a separate parcel of property and not located within a commercial rental park.

Special service means excessive amounts of debris, bulk trash or junk, as determined by the director to be beyond the annual special assessment charge and for which the customer must contract directly with the collector or have removed and disposed of according to law.

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

Truck means any truck, trailer, conveyance, equipment or vehicle used to collect and/or transport solid waste upon or along a public highway. Equipment used for residential collection and sources of putrescible waste must be a packer type unit or alternative approved by the director.

(Ord. No. 89-29, § IV, 6-8-89; Ord. No. 90-29, § I, 8-2-90; Ord. No. 2011-05, § II, 3-4-11)

Cross reference

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