<div class="chunk-title">Sec. 26-10. - Specific definitions.</div>
<div class="chunk-content">
            <p class="p0">
               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:
               
            </p>
            <p class="p0">
               <span class="ital">Abandoned manufactured home</span> means any manufactured home that is both:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  Vacant or in need of extensive repair; and
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  An unreasonable danger to public health, safety, welfare, or the environment.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Abandoned motor vehicle</span> means any vehicle that is left:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  Upon a public street or highway in violation of a law or ordinance prohibiting parking;
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  On a public street or highway for longer than seven days;
                  
               </p>
               		
               
               <p class="incr1">
                  (3)
                  
               </p>
               		
               <p class="content2">
                  On property owned or operated by the county for longer than 24 hours without written
                  consent from the county manager or his designee; or
                  
               </p>
               		
               
               <p class="incr1">
                  (4)
                  
               </p>
               		
               <p class="content2">
                  On private property without the consent of the owner, occupant, or lessee thereof,
                  for longer than 24 hours except for cases subject to the prior notice provision in<a href="" data-chunk-id="PTIICOOR_CH26EN_ARTIIABMOVE_S26-45NOREREVE" class="section-link" data-product-id="14529"> section 26-45</a>.
                  
               </p>
               		
               <p class="refstatelaw0" block_type="hang"><b>State Law referenceâ€” </b>
                  Similar definitions, G.S. 153A-132(b).
                  
               </p>
               
            
            <p class="p0">
               <span class="ital">Ashes</span> means refuse resulting from the burning of wood, coal, coke, or other combustible
               material which has no live embers.
               
            </p>
            <p class="p0">
               <span class="ital">Authorizing official</span> means the supervisory employee of the code enforcement division of planning and development,
               waste management division of general services, sheriff's department, or other public
               officials designated to authorize the removal of vehicles under the provisions of
               this chapter.
               
            </p>
            <p class="p0">
               <span class="ital">Building materials</span> means materials, such as lumber, bricks, plaster, loam and other substance, accumulated
               as a result of repairs to existing structures, construction of new structures, or
               demolition wastes of old structures.
               
            </p>
            <p class="p0">
               <span class="ital">Bulk container</span> means a metal container of not less than one-half cubic yard that is to be of tight
               construction and constructed so that it may be handled and emptied by a special truck.
               
            </p>
            <p class="p0">
               <span class="ital">Commercial and institutional establishment</span> means any office; retail store; wholesale store; bottling plant; printing establishment;
               religious, charitable, or government office; private club; hospital; group of mobile
               homes; apartments; group of apartments; or similar establishment (provided that such
               establishment shall not be construed to refer to the residents of individual mobile
               homes or individual apartments).
               
            </p>
            <p class="p0">
               <span class="ital">County</span> means Burke County, North Carolina, or any duly authorized agent or official acting
               on its behalf.
               
            </p>
            <p class="p0">
               <span class="ital">Cover</span> means anything tarpaulin, plastic, or similar which is laid, set, or spread and securely
               fastened over all rubbish, garbage, solid waste, or miscellaneous refuse, which would
               otherwise be subject to fall or spill into roadways, thoroughfares, or adjoining properties.
               
            </p>
            <p class="p0">
               <span class="ital">Dead animal, large,</span> means any dead animal larger than common house pets, such as cats and dogs.
               
            </p>
            <p class="p0">
               <span class="ital">Dead animal, small,</span> means any dead animal the size of common house pets, such as cats, dogs, and other
               animals of similar size.
               
            </p>
            <p class="p0">
               <span class="ital">Dwelling unit</span> means one or more rooms in a residential building or in a mixed-use building which
               are arranged, designed, used, or intended for use by one family, and which include
               lawful cooking space and sanitary facilities reserved for the occupants thereof.
               
            </p>
            <p class="p0">
               <span class="ital">Family</span> means one or more persons occupying a single dwelling unit, provided that, unless
               all members are related by blood, marriage, adoption, or guardianship, no such family
               shall contain over six persons, but further provided that domestic servants employed
               and housed on the premises shall not be counted as a family.<span class="ital"></span>
               
            </p>
            <p class="p0">
               <span class="ital">Fats, oils, and grease</span> means organic polar compounds derived from animal and/or plant sources that contain
               multiple carbon chain triglyceride molecules.
               
            </p>
            <p class="p0">
               <span class="ital">Food service establishment</span> means any commercial, industrial, or institutional facility discharging kitchen or
               food preparation wastewater, including, but not limited to, the following: restaurants,
               motels, hotels, cafeterias, hospitals, schools, nightclubs, delicatessen, meat cutting/preparation,
               bakeries, bagel shops, grocery stores, gas stations, and any other facility that the
               general services director determines to be in need of a grease interceptor by virtue
               of its operation.<span class="ital"></span>
               
            </p>
            <p class="p0">
               <span class="ital">Garbage</span> means all putrescible wastes, including animal and vegetable matter, animal offal
               and carcasses, and recognizable industrial byproducts, exclusive of sewage and human
               wastes.
               
            </p>
            <p class="p0">
               <span class="ital">Garbage receptacles</span> means receptacles for garbage constructed of metal or plastic, of substantial construction,
               watertight, with tightfitting lids, providing handles sufficient for safe and convenient
               handling. Such receptacles shall have a capacity of not less than ten gallons nor
               more than 32 gallons, shall be kept in serviceable condition, and shall be covered
               at all times.
               
            </p>
            <p class="p0">
               <span class="ital">Grease interceptor</span> means a device used to effect the separation of fats, oils, and grease in wastewater
               effluent which prevents the discharge of fats, oils, and grease in excess of 300 milligrams
               per liter (mg/l) concentration, or has been found by the general services director
               to prevent the discharge of fats, oils, and grease, in quantities sufficient to cause
               POTW line stoppages or necessitate increased maintenance of the POTW in order to keep
               line stoppages from occurring. An interceptor may be of the outdoor or underground
               type normally of a 1,000-gallon capacity or more, or under-the-counter package unit,
               which is typically less than 100-gallon capacity. For the purpose of this definition,
               the terms "grease interceptor," "interceptor," and "grease trap" are used interchangeably.
               
            </p>
            <p class="p0">
               <span class="ital">Hazardous solid wastes</span> includes, but is not limited to, explosives, pathological wastes, pesticides, highly
               combustible chemicals, and other toxic materials which are harmful to public health.
               
            </p>
            <p class="p0">
               <span class="ital">Incineration</span> means the process of burning solid, semi-solid, or gaseous combustible wastes to
               an inoffensive gas and a residue containing little or no combustible material.
               
            </p>
            <p class="p0">
               <span class="ital">Industrial establishments</span> means activity including resource extraction, manufacturing, warehousing, storage,
               distribution, shipping, processing plants, and other related uses.
               
            </p>
            <p class="p0">
               <span class="ital">Inspector</span> means the general services director and persons under the general services director's
               direction who are investigating compliance with this chapter.
               
            </p>
            <p class="p0">
               <span class="ital">Junk</span> means a form of solid waste, to include, but not be limited to, the following: stoves
               or other appliances, machinery, equipment, building materials, or other materials
               which are in a wholly or partially rusted, wrecked, junked, deteriorated, dismantled,
               or inoperative condition.
               
            </p>
            <p class="p0">
               <span class="ital">Junked motor vehicle</span> means a vehicle that does not display a current license plate lawfully upon the vehicle
               and that:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  Is partially dismantled or wrecked;
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  Cannot be self-propelled or moved in the manner in which it originally was intended
                  to move; or
                  
               </p>
               		
               
               <p class="incr1">
                  (3)
                  
               </p>
               		
               <p class="content2">
                  Is more than five years old and appears to be worth less than $100.00.
                  
               </p>
               		
               <p class="refstatelaw0" block_type="hang"><b>State Law referenceâ€” </b>
                  Similar definition, G.S. 153A-132(b).
                  
               </p>
               
            
            <p class="p0">
               <span class="ital">Litter</span> means garbage, miscellaneous refuse, rubbish, and/or solid waste strewn or scattered
               about in disorder.
               
            </p>
            <p class="p0">
               <span class="ital">Local governing agency</span> means incorporated cities, towns, counties, and programs.
               
            </p>
            <p class="p0">
               <span class="ital">Manufactured home</span> means a dwelling unit that meets or exceeds the construction standards of the U.S.
               Department of Housing and Urban Development (HUD) that is assembled off site and designed
               to be transported to the home site on its own chassis and be placed on a temporary
               or permanent foundation. This definition includes the term "mobile home" and similar
               structures constructed prior to the adoption of HUD building codes.
               
               <p class="refstatelaw0" block_type="hang"><b>State Law referenceâ€” </b>
                  Similar definition, G.S. 105-164.3(20).
                  
               </p>
               
            
            <p class="p0">
               <span class="ital">Miscellaneous refuse</span> means all rubbish and refuse (other than garbage, ashes, or dead animals) incident
               to the ordinary conduct of the household.
               
            </p>
            <p class="p0">
               <span class="ital">Motor vehicle</span> means all machines designed or intended to travel over land by self-propulsion or
               while attached to any self-propelled vehicle. The term "motor vehicle" includes the
               term "vehicle."
               
            </p>
            <p class="p0">
               <span class="ital">Nuisance motor vehicle</span> means a vehicle on public or private property that is determined and declared to
               be a health or safety hazard, a public nuisance, and unlawful, including a vehicle
               found to be:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  A breeding ground, nest or harbor for mosquitoes, other insects, rats, or other pests;
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  A point of heavy growth of weeds or other noxious vegetation over eight inches in
                  height;
                  
               </p>
               		
               
               <p class="incr1">
                  (3)
                  
               </p>
               		
               <p class="content2">
                  A point of collection of pools or ponds of water;
                  
               </p>
               		
               
               <p class="incr1">
                  (4)
                  
               </p>
               		
               <p class="content2">
                  A point of concentration of quantities of gasoline, oil, or other flammable or explosive
                  materials as evidenced by odor;
                  
               </p>
               		
               
               <p class="incr1">
                  (5)
                  
               </p>
               		
               <p class="content2">
                  One which has areas of confinement which cannot be opened or operated from the inside
                  area of confinement, such as trunks, hoods, etc.;
                  
               </p>
               		
               
               <p class="incr1">
                  (6)
                  
               </p>
               		
               <p class="content2">
                  One so situated or located that there is a danger of it falling, dislodging, or turning
                  over;
                  
               </p>
               		
               
               <p class="incr1">
                  (7)
                  
               </p>
               		
               <p class="content2">
                  One which is a point of collection of refuse, trash, garbage, food waste, animal waste,
                  or any other rotten or decaying matter of any kind;
                  
               </p>
               		
               
               <p class="incr1">
                  (8)
                  
               </p>
               		
               <p class="content2">
                  One which has sharp parts thereof which are jagged or contain sharp edges of metal,
                  plastic, or glass; or
                  
               </p>
               		
               
               <p class="incr1">
                  (9)
                  
               </p>
               		
               <p class="content2">
                  Any other vehicle specifically declared a health and safety hazard and a public nuisance
                  by the county commissioners.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Open burning</span> means any fire wherein the products of combustion are emitted directly into the atmosphere
               and are not directed thereto through a stack or chimney, incinerator, or other similar
               devices.
               
            </p>
            <p class="p0">
               <span class="ital">Open dump</span> means consolidation of solid waste from one or more sources at a disposal site which
               has unsanitary conditions and little or no cover.
               
            </p>
            <p class="p0">
               <span class="ital">Operator</span> means the operator of a food service establishment
               
            </p>
            <p class="p0">
               <span class="ital">Owner</span> means an individual, person, firm, company, association, society, corporation, or
               other entity upon whose property the building or structure containing the food service
               establishment is located or will be constructed. The term "owner" shall also include
               the owner of a food service establishment which is leasing the building, structure,
               or a portion thereof containing the food service establishment.
               
            </p>
            <p class="p0">
               <span class="ital">Plumbing code</span> means the current edition of the North Carolina Plumbing Code.
               
            </p>
            <p class="p0">
               <span class="ital">POTW (publicly owned treatment works)</span> means the treatment works as defined by Section 212 of the Federal Water Pollution
               Control Act, also known as the Clean Water Act (22 USC 1292), which are owned by the
               county's wastewater host. This definition includes any devices or systems used in
               the collection, storage, treatment, recycling, and reclamation of municipal sewage
               or industrial wastes of a liquid or solid nature. It also includes sewers, pipes,
               and other conveyances only if they convey wastewater to the POTW treatment plant.
               For the purposes of this resolution, the term "POTW" shall also include any sewers
               that convey wastewater to the POTW from persons outside the county who are, by contract
               or agreement with the county, or in any way, users of the POTW.
               
            </p>
            <p class="p0">
               <span class="ital">Pretreatment director</span> means the general services director of the county, or his authorized representatives.
               
            </p>
            <p class="p0">
               <span class="ital">Putrescible waste</span> means solid waste capable of being decomposed by microorganisms with sufficient rapidity
               as to cause nuisances from odors and gases, such as kitchen wastes, offal, and carcasses.
               
            </p>
            <p class="p0">
               <span class="ital">Radioactive solid waste</span> means radioactive material.
               
            </p>
            <p class="p0">
               <span class="ital">Refuse</span> means non-putrescible wastes.
               
            </p>
            <p class="p0">
               <span class="ital">Residential unit, multiple,</span> means any duplex, apartment, group of apartments, or group of mobile homes.
               
            </p>
            <p class="p0">
               <span class="ital">Residential unit, single,</span> means any dwelling unit occupied by one family.
               
            </p>
            <p class="p0">
               <span class="ital">Rubbish</span> means combustible and noncombustible waste materials, except garbage; and the term
               "rubbish" shall not include paper, rags, cartons, boxes, wood, excelsior, rubber,
               leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery,
               dust, or ashes.
               
            </p>
            <p class="p0">
               <span class="ital">Sanitary landfill</span> means a method of disposing of solid waste on land in a sanitary manner without creating
               hazards to public health or safety by utilizing the principles of engineering to confine
               the solid waste to the smallest practical area, to reduce it to the smallest practical
               volume, and to cover it with a layer of compacted earth at the conclusion of each
               day's operation or at more frequent intervals as may be necessary. Such a facility
               shall be designed, permitted, and operated in compliance with all local, state, and
               federal rules and regulations applicable to such facilities.
               
            </p>
            <p class="p0">
               <span class="ital">Solid waste</span> means garbage, refuse, rubbish, trash, and other discarded solid materials, including
               solid waste materials resulting from industrial, commercial, and agricultural operations,
               and from community activities, but does not include solids or dissolved materials
               in domestic sewage or other significant pollutants in water resources, such as silt,
               dissolved or suspended solids, industrial wastewater effluents, dissolved materials
               in irrigation return flows or other common water pollutants. This definition additionally
               includes, but is not limited to, bicycles, mopeds, motorcycles, tractors, lawn mowers,
               automobiles, trailers, trucks, farm machinery, mobile homes, boats, campers, and motor
               homes.
               
            </p>
            <p class="p0">
               <span class="ital">Solid waste collector</span> means any person who collects or transports solid waste, by authority granted by
               the county.
               
            </p>
            <p class="p0">
               <span class="ital">Solid waste disposal facility</span> means land, personnel, equipment, or other resources used in the disposal of solid
               wastes.
               
            </p>
            <p class="p0">
               <span class="ital">Solid waste disposal site</span> means any place at which solid wastes are disposed of by incineration, sanitary landfill,
               or any other methods.
               
            </p>
            <p class="p0">
               <span class="ital">Spoiled food</span> means any food which has been removed from sale by the United States Department of
               Agriculture, state department of agriculture, food and drug administration, or any
               other regulatory agency having jurisdiction in judging food unfit for consumption.
               
            </p>
            <p class="p0">
               <span class="ital">Vacant manufactured home</span> means a manufactured home where there is little or no expectation of future occupancy.
               Indicators for such a determination may include, but are not limited to, severe structural
               defects or lack of utility services (i.e., power, water, or sewer) for a period of
               120 days.
               
            </p>
            <p class="p0">
               <span class="ital">Vector</span> means any insect or other animal which transmits infectious diseases from one person
               to another.
               
            </p>
            <p class="p0">
               <span class="ital">Waste</span> means litter, rubbish, refuse, and miscellaneous unusable or unwanted materials.
               Waste includes liquid and water-carried wastes, whether treated or untreated. The
               terms "sewage" and "wastewater" shall be deemed waste by definition.
               
            </p>
            <p class="p0">
               <span class="ital">Water supply watershed</span> means an area from which water drains to a point or impoundment, which water is then
               used as a source for a public water supply.
               
            </p>
            <p class="historynote0">
               (Ord. of 2-17-2009, Â§ 402; Ord. of 5-5-2009)
               
            </p></div>