§ 17-1. Definitions.

For the purpose of this ordinance, the following terms, phrases, words and their derivation shall have the meaning given herein.  When not inconsistent with the context, words used in the present tense include the future, words in the plural number include singular number, and words in the singular number include the plural number. The word “shall” is mandatory and not merely directory.

Ashes shall mean the residue resulting from the burning of wood, coal, coke or other combustible material which has no live embers.

Actual Service shall mean payment due to Contractor shall be based on the pro-rated number of City active residential solid waste customers. “Actual Service” will be linked to the status of utility service at the residence; i.e. utility service on “vacation status” or disconnected for any reason are not considered to be ‘active”. Solid waste collection service will not be considered to have been rendered while the utility account is not on active status.

Agreement shall mean the terms and provision of Ordinance 2011-09 which grants the franchise for provision of solid waste collection, recycling and disposal services within the City of Lake Wales.

Bag shall mean a container which is a plastic sack designed to store garbage and trash with sufficient wall strength to maintain physical integrity when lifted by the top; the total weight of a bag and its contents shall not exceed thirty-two (32) pounds.

Bundle shall mean a number of items tied, wrapped or otherwise held together in a compact manner or which can be reasonably stacked; if diameter of items bundled is less than six (6) inches, then length of items shall be no greater than four (4) feet; if diameter of items is six (6) inches or greater, than length of items shall be no greater than two (2) feet; the total weight of the bundle shall not exceed fifty (50) pounds.

Can shall mean a container which has a maximum capacity of thirty-five (35) gallons and a maximum weight when full of fifty (50) pounds; for the purpose of this article, a can shall be constructed of a non-absorbent material, shall be provided with a closely fitting cover and side bail handles and shall have a diameter at the mouth which is greater than or equal to that of the base.

City shall mean the City of Lake Wales.

City manager shall mean the City Manager of Lake Wales or his designee.

Commercial units shall mean office buildings, stores, filling stations, lodges, motels, laundries, hotels, all public buildings, malls and shopping centers, food service establishments, lodging establishments, service establishments, light industry, schools, churches, clubs, hospitals, nursing homes, and, for the purpose of this chapter, shall include industrial establishments and any establishment not included in the definition of residential unit.

Complaint shall mean an expression of customer dissatisfaction with the quality of service provided by the Contractor.

Container shall mean a receptacle which is approved by the city for the accumulation of garbage and trash.

Contractor shall mean Republic Services of Florida, L.P.

Curbside shall mean that portion of the street right-of-way paralleling any public thoroughfare between the curb line or paving line and the abutting property line.

Dumpster shall mean a container which is emptied by mechanical means.

Franchise fee shall mean the amount of money paid by the Contractor to the City for granting of the franchise.

Garbage shall mean all putrescible animal or vegetative wastes resulting from the handling, preparation, cooking and consumption of food in any private dwelling house, multiple dwelling, hotel, restaurant, building or other institution.

Monitoring shall mean the provision of oversight by the City Manager or his designee to ensure that the quality of service performed pursuant to this agreement shall be in accordance with conditions imposed herein.

Multifamily dwelling units shall mean any building containing four (4) or more permanent living units; multifamily dwelling units shall not include motels or hotels.

Performance bond shall mean the form of security approved by the City and furnished by the Contractor, as a guarantee that the Contractor will execute the work in accordance with the terms of the agreement and will pay all lawful claims.

Person shall mean any individual, firm, association, corporation, trust, or any other legal entity having sufficient proprietary interest in a premise.

Public works director shall mean the Public Works Director of the City of Lake Wales or his designee.

Recycling shall mean any process by which solid waste, or materials that would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products.

Refuse shall mean garbage, trash and yard waste.

Surety shall mean the party who is bound with and for the Contractor to insure the payment of all lawful debts pertaining to and for the acceptable performance of the contract.

Trash or rubbish shall mean all printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packing or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral, or metallic substances, and any and all other waste materials not included in bulk waste, building waste or construction debris, garbage, hazardous waste, industrial waste, infectious waste or yard waste.

Tote shall mean thirty-five (35), sixty-five (65), or ninety-five (95) gallon container provided by the city's contractor and used for automated collection service.

Waste shall mean a useless, superfluous or discarded material.

Waste, building or construction debris shall mean the refuse, debris or residue resulting directly from the building, remodeling, construction, repair, or demolition of a building.

Waste, bulk shall mean discarded household furniture, appliances, stoves, washing machines and similar items.

Waste, bulk yard shall mean 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 fact that the material exceeds the weight and size restrictions for regular yard waste; bulk yard waste shall be of a type readily handled by the collector and shall not  exceed four (4) feet in length or fifty (50) pounds in weight. Bulk yard waste does not include any form of matter or debris resulting from tree removal, land clearing, land development, building demolition or home improvement.

Waste, hazardous shall mean cleaning fluids, crank case oils, cutting oils, paints, plastics, explosives, acids, caustics, poisons, drugs, radioactive materials, fine powdery earth used to filter cleaning fluid, and similar wastes.

Waste, industrial shall mean accumulations of metal, metal products, minerals, chemicals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber, timbers, bottles, cans, lumber, sawdust, waste from animal packing or slaughterhouses, or other materials resulting directly from industrial or manufacturing operations.

Waste, infectious shall mean 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.

Waste, solid shall mean any waste that includes the specific terms: garbage, trash, yard waste, bulk waste, and bulk yard waste.

Waste, special shall mean any waste that requires special handling due to regulatory requirement or physical properties and includes the specific terms: hazardous waste, industrial waste, infectious waste, and building waste/construction debris.

Waste, yard shall mean all accumulations of leaves, grass or shrubbery cuttings and other refuse attendant to the care of lawns, gardens, shrubbery, vines, trees and tree limbs. Yard waste shall be placed in containers or bundled. Such term does not include those items defined under bulk yard waste.

For the purposes of administration and enforcement of this chapter, unless otherwise stated in this chapter, the following rules of construction shall apply:

The word "shall"; is always mandatory and not discretionary; the word "may" permissive.

The words "he, his" and other words denoting the masculine gender shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

Words used in the present tense shall include the future, and words used in the singular number shall include the plural and plural the singular, unless the context clearly indicates the contrary.

Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions,  or events connected by the conjunction “and," "or" or "either...or," the conjunction  shall  be interpreted as follows:

(1) And indicates that all the connected terms, conditions, provisions or events shall apply.

(2) Or indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

(3) Either…Or indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(4) The word includes shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(Ord. No. 2018-02, § 1, 02-20-2018)