§ 11-1. Definitions.  


Latest version.
  • 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:

    Building or demolition contractor-haulers means builders or building or demolition contractors who own roll-off containers and haul away their own construction and demolition debris, instead of contracting with a person or entity engaged in the business of hauling away construction and demolition debris, trash, or garbage.

    Collector means any contractor who provides for the collection, transportation, and disposal of solid waste and construction and demolition debris from roll-off containers within the city limits. Building or demolition contractor-haulers as defined herein are not collectors for the purposes of this article.

    Commercial can refers to a container used for the storage of garbage or recycling made of nonabsorbent material, provided with a closely fitting cover, side handles and thirty-two (32) gallons or less gross capacity and weighs less than fifty (50) pounds.

    Commercial container refers to all front-load and rear-load dumpsters, roll-off, roll-off compactor, front load verti-pak compaction container, or cart that is designed or intended to be mechanically or manually dumped into a loader-packer type truck.

    Commercial tote refers to containers that are purchased from the city, which are designed to be mechanically lifted and emptied and are used for the storage of garbage or recycling materials that are awaiting pickup.

    Commercial service includes but is not limited to hotels, motels, lounges, restaurants, stores, shops, offices and service stations as well as any nonresidential units used for retail or wholesale trade that will be charged the commercial rate.

    Construction and demolition debris refers to material defined in F.S. § 403.703, and as modified by Flagler County pursuant to F.S. § 403.707(9)(j), all as amended from time to time.

    Customer means the person responsible for payment for city solid waste services provided to a specific location whether residential or commercial.

    Director, for purposes of this section, refers to the solid waste superintendent.

    Garbage means containers and other household wastes, animal, vegetable food or any organic waste resulting from storage, preparation, cooking or handling food whether attributed to residential or commercial activity. Also includes all non-recyclables and packing materials.

    Gross revenue. All revenues derived directly or indirectly by a licensee, its affiliates, subsidiaries, parents, and any person in which a licensee has a financial interest, exclusive of all taxes, from or in connection with the operation of a solid waste or construction and demolition debris collection service from roll-off containers in the City of Flagler Beach.

    Household hazardous waste or HHW includes but is not limited to paint, paint thinner, mineral spirits, gasoline, kerosene, fuel propane, oil, transmission fluid, brake fluid, gear oil, acids or solvents, florescent bulbs and other like items.

    Industrial waste means wastes and debris from brick, concrete block, roofing shingle or tile; floor coverings; plants; debris and wastes accumulated from land clearing, excavating, building, rebuilding and altering of buildings, structures, roads, streets, sidewalks or parkways; and any waste materials which, because of their volume or nature, do not lend themselves to collection and incineration commingled with ordinary garbage and yard waste.

    Licensee means any collector duly licensed by the City of Flagler to collect, transport, and dispose of solid waste and construction and demolition debris from roll-off containers in the city limits.

    Non-recyclables means those materials that are not listed as recyclables, do not have a recyclable emblem on them, as well as plate glass, window glass, dishes, cookware, pyrex, motor oil bottles, acid jugs, styrofoam packing material, bubble wrap, waxed boxes, light bulbs or tubes, and paper materials such as mail.

    Private use container means any garbage, yard waste or industrial waste container owned by someone other than the City of Flagler Beach. Such containers include commercial cans, commercial containers, commercial totes, industrial waste container (dumpster), recycling container, or residential containers. These containers are owned or leased by private individuals for the disposal of commercial, residential or industrial waste.

    Property owner means the owner of developed or undeveloped property within the City of Flagler Beach.

    Public use container means any garbage container provided by the City of Flagler Beach. Such containers include beach cans, park cans and parking lot cans. These containers are provided for the users of these facilities, for the garbage accumulated while using the facility and are specifically not to be used for the disposal of residential or industrial waste.

    Recyclables means those materials identified by the City of Flagler Beach and F.S. § 403.703, as amended from time to time, as capable of being recycled, which would otherwise be disposed of as garbage. These items include but are not limited to: metal cans, aluminum products, glass products, newspapers (meaning all newspapers, newspaper advertisements, supplements, comics or enclosures which are considered recyclable by the city; all plastic soda, milk, water, dish soap, laundry soap, and other like containers that have a 1, 2, 3, 4, 5, or 6 recyclable emblem on them; magazines, phonebooks, cardboard, plastic bags and shredded paper, such as computer paper, pasteboard, wrapping paper, stationary products and the like). Recyclables are not solid waste.

    Recycling container means a container made of nonabsorbent materials with side handles and thirty-two (32) gallons or less gross capacity that is clearly marked as recyclables. This shall not include commercial tipper carts.

    Residential container means a container used for the storage of garbage or yard waste made of nonabsorbent material, provided with a closely fitting cover, side handles and thirty-two (32) gallons or less gross capacity.

    Residential service means garbage, yard waste and recycling service provided to a single-family residential unit.

    Roll-off container means a large metal or plastic box normally used for construction and demolition debris or other large amounts of solid waste and yard trash, usually of the ten-, twenty-, thirty-, or forty-cubic-yard size, which are lifted by mechanical means which roll-offs may be either open top or enclosed compaction type.

    Single-family residential unit means a single-family home, a multi-family residential unit, condominium unit, apartment unit, or other dwelling unit that is billed per unit.

    Solid waste includes, but is not limited to, garbage, yard waste, white goods, and other material identified in F.S. § 403.703, as amended from time to time. Solid waste does not include recyclables.

    Solid waste disposal system means the sanitation department that is operated by the City of Flagler Beach or such other agency as it may designate.

    Special pickup service means an excessive amount of garbage or yard waste as determined by the director to be beyond reasonable amounts that do not lend themselves to normal service. This includes but is not limited to accumulation of more than eight (8) thirty-two (32) gallon containers of garbage or yard waste; a pile of yard waste no larger than three (3) feet wide six (6) feet high and six (6) feet long, or no more than four (4) cubic yards or yard waste that is not placed in an approved manner, (see standards for yard waste collection).

    White goods means any large household appliance typically finished with enamel or stainless steel, e.g. refrigerators, stoves, microwaves, dishwashers, washing machines, dryers or other metal goods.

    Yard waste means vegetative organic matter resulting from the routine maintenance of the grounds of a developed property and includes such materials as tree and shrub trimmings, grass clippings, palm fronds, and small branches.

(Ord. No. 2008-03, § 1(Exh. A), 5-22-08; Ord. No. 2010-01, § 2, 4-8-10; Ord. No. 2015-15, § 1, 12-17-15)

Cross reference

General definitions, § 1-2.