§ 25-261. Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:

Automated curbside solid waste collection system shall mean a mechanical curbside solid waste collection system utilizing city-approved or city-provided containers for collection by solid waste collection vehicles equipped with a side-loading grapple arm boom assembly.

Bulky items shall mean large household items, including, but not limited to, appliances, couches, tables, chairs, carpet, mattresses, lawn mowers and outdoor grills.

Commercial container shall mean a manufactured container other than a garbage can or bag suitable for storage of waste generated by nonresidential customers and capable of being emptied by mechanical equipment; provided, containers up to thirty-two gallons may be utilized by nonresidential customers when approved by the city administrator's designated agent.

Commercial customer shall mean any customer whose use of a premises owned, leased, occupied, or managed by such customer is for a purpose other than residential use or is a residential use consisting of more than four (4) residential living units per building structure for which solid waste is collected. Each owner or agent of a multi-family building structure of over four (4) living units shall have the option of being charged under residential or commercial collection rates, provided that a suitable container, as provided for in the definition above, is available.

Curbside shall mean the area adjacent to the public or private street used for general circulation, extending from the street not more than five (5) feet onto the homeowner's property. This area should also provide at least three (3) feet of clearance on each side of the container. If extraordinary circumstances preclude curbside placement, "curbside" shall be considered a placement suitable to the resident and convenient to the Fort Smith Department of Sanitation's equipment, as approved by the Director of the Fort Smith Department of Sanitation or by his/her authorized designee.

Customer shall mean any person owning, leasing, occupying or managing any premises within the corporate limits of the city for which solid waste collection and disposal services are provided under the provisions of this article.

Garbage shall mean putrescible animal and vegetable waste resulting from the preparation, cooking and serving of food and the use of produce, tin cans, glass containers and papers. All normal household wastes will be considered garbage.

Garbage bag shall mean a durable, watertight plastic bag with a wall thickness equal to or greater than one and six-tenths (1.6) mil polyethylene plastic with a capacity of not less than twenty (20) gallons and not more than thirty-two (32) gallons and having a maximum loaded weight of fifty (50) pounds.

Garbage can shall mean a watertight, galvanized metal or heavy-duty plastic container of a capacity of not less than twenty (20) gallons and not exceeding thirty-two (32) gallons, having a maximum loaded weight of fifty (50) pounds, having two (2) handles on the sides thereof by which it may be lifted, having a tight-fitting metal or plastic top with a handle and being so constructed as to permit the free discharge of its contents.

Grapple arm boom assembly shall mean a mechanism affixed to a solid waste collection vehicle which moves in a horizontal direction away from the vehicle, has a reach of seven (7) to nine (9) feet, and dumps in a vertical overhead position which allows for articulation, greater operational flexibility and range of motion, and allows refuse containers to be retrieved from various distances and various levels of terrain from the vehicle.

Litter shall mean all waste material which has been discarded or otherwise disposed of including, but not limited to, convenience food and beverage packages or containers, trash, garbage, all other product packages or containers and other post-consumer solid wastes.

Recyclables shall mean materials source separated from the solid waste stream to be recovered. This shall include, but not limited to, all items included in the city's curbside recycling program, cardboard and other materials as commercial or industrial customers may source separate.

Recycling container shall mean any container used primarily for recyclables. This shall include, but is not limited to, the city-issue thirty-two-gallon blue containers, embossed with "Don't Trash It - Recycle Fort Smith;" commercial containers with "Recycling Rex," "Recyclables Only," or "Cardboard Only" decals and commercial containers that have been designated by the city for acceptance of recyclables.

Residential customer shall mean any customer whose use of premises owned, leased, occupied, or managed is for a residential purpose in a single-family building structure or multi-family building complexes with no more than four (4) living units per building structure.

Residential use shall mean any structure used principally as a place of habitation with facilities for living, sleeping, eating, cooking, and parking, whether owned, rented, or otherwise occupied by the occupants thereof, and shall include any single-family house as one (1) living unit, any duplex as two (2) living units, and triplex as three (3) living units, and any quadplex as four (4) living units. Any individual family unit within a multiplex shall be included as one (1) living unit.

Solid waste shall mean all putrescible and nonputrescible refuse in solid or semisolid form including, but not limited to, garbage, street refuse, dead animals, and all other solid and semisolid waste materials resulting from industrial, commercial, agricultural, community, and residential activities. The following are excluded from the definition of solid waste and will not be handled as solid wastes, demolition wastes, construction wastes, hazardous wastes which include explosives, pathological wastes, chemical wastes, herbicides and pesticide wastes.

Trash shall mean nonputrescible waste consisting of combustible and noncombustible material such as, but not limited to, yard clippings, leaves, wood, glass and similar materials.

Yard waste shall mean grass clippings, leaves, brush and shrubbery trimmings.

(Code 1976, § 14-1; Ord. No. 89-99, §§ 1, 2, 12-21-99; Ord. No. 83-12, § 1, 11-6-12; Ord. No. 29-13, § 1, 7-16-13)

Cross reference

Littering in parks, § 18-69.