§10-701. Definitions.


In this Chapter the following definitions apply:

(1) Aircraft. Any contrivance used or designated for navigation or for flight in the air, including helicopters and lighter-than-air dirigibles and balloons.

(2) Ashes. The residue from the burning of wood, coal, coke, or other combustible materials.

(3) Bulk Items. Large household items, whether whole or in pieces, including but not limited to metal objects, items containing refrigerants, appliances, air conditioners, furniture and sofa beds.[110]

(4) Commercial Handbill. Any printed or written matter, sample or device, circular, leaflet, pamphlet, paper, booklet, or other printed or otherwise reproduced original or copy of any matter or literature which:

(a) advertises for sale any merchandise, product, commodity, or thing; or

(b) directs attention to any business, mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or

(c) directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private grain or profit.

(d) while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is not delivered to its final consumer by the United States Postal Service but is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.[111]

(5) Distribution Business. A distributor which provides commercial handbill distribution services for any other business, partnership, sole proprietorship, association or corporation.[112]

(6) Distributor. Any business, including without limitation, a sole proprietorship, partnership, association or corporation, which directly or indirectly addresses, offers, or proposes or causes to be advertised, offered or proposed on the streets, sidewalks or other public ways any commercial transaction by means of distribution of commercial handbills as defined in § 10-701(3) above.

(7) Garbage. Decayable animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

(8) Litter. Includes "garbage," "refuse," and "rubbish" as defined and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.

(9) Newspaper. Any publication, containing the name and address of its publisher, that is published and distributed at regular intervals and contains news stories, opinions, advertisements, or other items of general interest, including any periodical or current magazine regularly published with not less than four (4) issues per year and distributed to the public, provided, however, that a commercial handbill as defined in Section 10-701(3) herein shall not be considered a newspaper.[113]

(10) Non-Commercial Handbill. Any printed or written matter, sample, device, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or other printed or otherwise reproduced original or copy of any matter or literature not included in the definition of commercial handbill.[114]

(11) Park. A park square, playground, beach, recreation center or other public area in the City, owned or used by the City and devoted to recreation.

(12) Private Premises. Any dwelling, house, building or other structure or parking lot designed or used either wholly or in part for private residential, industrial or commercial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.

(13) Public Place. All streets, sidewalks, boulevards, alleys, or other public ways, and all public parks, squares, spaces, grounds and buildings.

(14) Public Receptacle. A receptacle placed by the City at various locations for the reception of litter other than household or commercial refuse.

(15) Rubbish. Non-putrescible solid wastes consisting of both combustible and non-combustible wastes, including paper, wrappings, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.

(16) Snow. Any precipitation, deposit or accumulation of snow, hail, ice and sleet on the sidewalks.[115]

(17) Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.

(18) Debris. Any material resulting from the demolition of any structure, including stones, bricks, rocks, concrete, gravel or earth.[116]

(19) Private Business Receptacle. A receptacle placed by a private commercial business owner or manager at or near his/her business location for the reception of litter, including newspapers and commercial and non-commercial handbills.[117]