Sec. 7-1-10. Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:
Aluminum means aluminum cans used to hold beverages, foil and containers for prepared foods.
Author of a public nuisance includes all of the following persons:
(a) The owner, or the agent in regard to the property of the owner, of any private property where a public nuisance exists, if the person has knowledge of the condition or circumstance which is a public nuisance.
(b) The occupant of any property whereon a public nuisance exists if the occupant’s use of the property in any way contributes to the creation or continuation of the public nuisance.
(c) Any other person who, directly or by means of an agent, causes or creates a public nuisance, or who, being affirmatively required by law to eliminate a condition which amounts to a public nuisance, allows that condition to exist.
Commercial premises is property whereon there is a building, or a part thereof, which is used for purposes other than as a dwelling (see dwelling) or other than as a home occupation incidental to a dwelling. The term includes commercial buildings or commercial establishments therein, whether for profit or nonprofit, including but not limited to those buildings or establishments used for retail, wholesale, industrial, manufacturing, dining, offices, professional services, automobile service, hotels and motels, restaurants or shipping and receiving areas. For purposes of this Article, the Town Manager, by administrative proclamation with due notice as provided in Section 7-5-40 below, may declare that premises whereon any single structure contains four (4) or more dwelling units is a commercial premises.
Compost includes what would be garbage and any other decaying substance, whatever the source, but which, due to the compost owner’s intent to use for horticulture the residue from the decaying process, cannot be called waste.
Corrugated cardboard means paper in which a portion has been made to have a wavy surface (alternating ridges and grooves) and is placed between two (2) flat surfaces, and which is commonly used to form cartons.
Dwelling means a permanent building or portion thereof, which is used as the private residence or sleeping place of one (1) or more persons, but not including hotels, motels, tourist resorts, resort cabins, clubs or hospitals.
Dwelling unit and the number of dwelling units are defined as in the Land Use Code.
Garbage means refuse from decayable animal or vegetable wastes.
Glass includes all glass products, bottles and jars.
Newspaper means newsprint-grade paper, the common, inexpensive machine-finished paper made chiefly from wood pulp, which is printed and distributed to the public. This does not include magazines, slick paper and telephone books.
Nonprofit organization means an established organization or foundation dedicated to public service or culture, including but not limited to religious, educational and health care functions. Federal, state and local governmental establishments are considered nonprofit organizations for purposes of this Code. This term shall include civic clubs, youth groups and extracurricular school organizations.
Nonrecyclable materials means garbage, rubbish and any other materials which are not designated as recyclable materials by the Town.
Poly-cart is a generic term meaning a large-volume, circular or rectangular plastic refuse container which has metal handles and wheels.
Public nuisance means a substance, act, occupation, condition or use of property, which is explicitly declared to be a public nuisance by any of the laws of the Town, or which is of such nature and duration as to:
(a) Substantially annoy, injure or endanger any person in respect to that person’s health, tranquility or safety;
(b) Render unreasonably dangerous any person’s life or use of property in any manner whatsoever; or
(c) Substantially interfere with, obstruct or render dangerous for passage any street, alley, highway or other public way.
Recyclable materials means glass, aluminum, corrugated cardboard, newspaper, tin and plastics Nos. 1 and 2 designated by the Town to be separated for recycling. The Town Manager may, upon recommendation of the Ecology Commission, designate additional products as recyclable materials.
Recycling receptacle means any bin, box, container, structure or device, whether owned by the Town, its collection agent or a nonprofit organization, with the purpose of serving as a container for the collection of recyclable materials.
Refuse means decayable waste, including, but not limited to, garbage, rubbish, ashes, dead animals, wood furniture, excelsior, tree branches, yard trimmings, street cleaning, dirt, leaves; catch-basin dirt, and nondecayable solid wastes (except body wastes), including, but not limited to, rubbish, nonrecyclable materials, nonreusable materials, discarded recyclables, discarded reusables, appliances, metals, tin cans, metal furniture, small quantities of rock and pieces of concrete, glass, crockery, other mineral waste; contents of litter receptacles. Wastes are materials (1) in a ruined or devastated condition not fit for use by a reasonable person or (2) requiring reprocessing to be useful.
Residential premises means premises whereon all structures are used only for dwelling purposes and any home occupations incidental thereto.
Reusable Materials means household goods, not intrinsically defective, for reuse that may be surplus, worn, or secondhand and do not require significant repair or reprocessing to be useful, but shall not include electronics, batteries, tires, mattresses, furniture, refrigerators, large appliances or Special Refuse.
Senior citizen means any human being who is sixty-five (65) years of age or older.
Special event means an outdoor gathering such as a concert, conference or festival.
Special refuse includes the following kinds of refuse:
(a) Any refuse which is explosive, combustible or hazardous;
(b) Any refuse which is contagious;
(c) Dead animals;
(d) Abandoned automobiles; and
(e) Grease from a commercial restaurant;
(f) Refrigerators and other large appliances; and
(g) Solid market and industrial wastes.
Wildlife means any nondomestic mammal indigenous to the San Miguel Region, including but not limited to black bear, mule deer, elk, raccoon, coyote, beaver, skunk, badger, bobcat, mountain lion, porcupine and fox.
Wildlife-resistant enclosure means a fully enclosed structure of sufficient design and strength to prevent access by wildlife. The enclosure shall be erected only after receiving a certificate of appropriateness issued by the Town. No enclosure shall be located in a public right-of-way and shall be located adjacent to the alley where an alley borders the property, or in an area designated for trash pickup.
Wildlife-resistant refuse container means, at a minimum, a heavy duty, animal-resistant poly-cart with an attached lockable, reinforced lid or a fully enclosed metal container (Dumpster) with an attached lockable, metal lid. The poly-cart lid must have at least a two-latch locking mechanism that prevents access to the contents by wildlife. Containers must be approved by the Town Manager or his or her designee. (Prior code 7.04.010—7.04.230, 8.04.010; Ord. 1288 §1, 2008; Ord. 1293 §1, 2008; Ord. 1302, 2009)