8.20.040 - Definitions.
Whenever used in this Chapter, the following definitions must have the meanings ascribed in this section, unless the context clearly indicates a different meaning:
"Cash receipts for exclusive franchisees" means all receipts derived from the collection of solid waste and curbside residential recyclables collection services and includes, by way of illustration and not limitation, all cash, credits, property or other consideration of any kind derived directly or indirectly by an exclusive franchisee (or any of its authorized agents or affiliates) for the collection, transportation, diversion, processing and disposal of solid waste that the exclusive franchisee has exclusive rights to collect under the applicable exclusive franchise agreement, including all revenue received from container rentals, packaging, shipping and late fees, but excluding the following revenues from:
A. The sale of recyclables.
B. Any taxes on services furnished by an exclusive franchisee that are imposed by other governmental entities, that are passed through to and collected from the exclusive franchisee's customers, and that are separately itemized on customers' bills.
"City" means the City of North Las Vegas, Nevada.
"City Council" means the governing body of the City of North Las Vegas, Nevada.
"City Manager" means the Chief Administrative Officer of the City.
"Commercial recycler" means any entity licensed by the City as a commercial recycler, including a licensed exclusive franchisee or licensed non-exclusive franchisee, that is in the business of purchasing, accepting donations of, collecting, storing, transporting or processing source separated recyclables.
"Compacted solid waste" means solid waste reduced by mechanical equipment, in volume but not weight, by a minimum ratio of three to one.
"Commingled recyclables" means recyclable materials that are mixed with more than ten percent solid waste and is included in the exclusive franchise agreement for the collection transportation, diversion, processing and disposal of solid waste.
"Construction and demolition waste" means non-hazardous solid waste resulting from the construction, remodeling, repair, and demolition of utilities and structures generated from a site which complies with Section 15.72.140; and uncontaminated solid waste resulting from land clearing that is generated from a site which complies with Section 15.72.140. Such waste includes, but is not limited to, wood (including painted, treated, and coated wood and wood products), land clearing debris, wall coverings, landscaping, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles and other roofing coverings, glass, plastics that are not sealed in a manner that conceals other wastes, empty buckets ten (10) gallons or less in size and having no more than one inch of residue remaining on the bottom, electrical wiring and components containing no hazardous liquids, pipe and metals, corrugated container board, carpeting, furniture, and tires that are incidental to any of the above. Solid waste that is not construction and demolition debris (even if resulting from the construction, remodeling, repair and demolition of utilities, structures and roads and land clearing) includes, but is not limited to, asbestos waste, garbage, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, fluorescent light bulbs or tubes, appliances, drums, containers greater than ten (10) gallons in size, any containers having more than one inch of residue remaining on the bottom, or fuel tanks.
"CPI" means the Historic Consumer Price Index, for water and sewer and trash collection services, U.S. city average, all urban consumers, not seasonally adjusted (Current Series ID: CUUR0000SEHG), index base period December 1997=100, as published by the U.S. Department of Labor, Bureau of Labor Statistics, Washington, D.C.
"Curbside residential recyclables collection" means a collection program operated by a solid waste exclusive franchisee in which source-separated recyclables or commingled recyclables are collected from residential customers on a regularly scheduled basis as a part of the exclusive franchisee's solid waste exclusive franchise agreement.
"Dead animals" means all dead animals or parts thereof (including condemned meats) that are not intended to be used as food for man or animal that weigh less than seventy-five (75) pounds.
"Dirt" means loose earth, ashes and manure, but exclusive of sand and gravel that is to be used in construction work.
"Drop-off center" means a collection site where source-separated recyclables may be taken by persons and deposited into designated containers.
"Duplex" means a building, or portion thereof, used for occupancy by two families living independently of each other with the units completely separated by a common wall, floor and/or ceiling.
"Exclusive Franchise agreement" means an exclusive agreement between the City and a third party by which such third party is authorized to collect, transport, divert, process and dispose of residential and commercial solid waste, household hazardous waste, or curbside residential recyclable materials.
"Exclusive Franchise fee" means the fee required by and detailed in an exclusive franchise agreement based upon a percentage of an exclusive franchisee's cash receipts derived from the collection, transportation, diversion, processing and disposal of residential and commercial solid waste, household hazardous waste, or curbside residential recyclables collection services in the City. The exclusive franchisee fee shall not be a separate line item on the customers' bill.
"Exclusive Franchisee" means any person who has contracted with the City for exclusive collection, transportation, diversion, processing and disposal of residential and commercial solid waste, household hazardous waste or curbside residential recyclables collection.
"Garbage" means putrescible animal and vegetable wastes resulting from the handling, storage, sale, preparation, cooking and serving of food.
"Hazardous waste" means any waste or combination of wastes, including solids, semisolids, liquids or contained gases, except household hazardous waste, which:
A. Because of its quantity or concentration or its physical, chemical or infectious characteristics may:
1. Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness; or
2. Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management;
B. Is identified as hazardous waste by the Nevada Department of Conservation and Natural Resources as a result of studies undertaken for the purpose of identifying hazardous wastes; and
C. Includes, among other wastes, toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise.
"Hotel" or "motel" means a building or portion thereof, or a group of buildings, having six or more guest rooms, in which lodging is provided and offered to transient guests for compensation; shall not include a lodging house.
"Household hazardous waste" means leftover household products that contain corrosive, toxic, ignitable, or reactive ingredients that is generated by a typical household, including single-family dwellings, multifamily residential dwellings or mobilehome parks. These may include nickel, cadmium, mercuric oxide, manganese, zinc-carbon or lead batteries, toxic art supplies, used motor oil, anti-freeze, kerosene, solvent-based paint, paint thinner, paint solvents, fluorescent or high-intensity light bulbs, ammunition, fireworks, pesticides the use of which has been prohibited or restricted, or any other waste generated by a household that would otherwise contain potentially hazardous ingredients and require special care when you dispose of them.
"Materials recovery facility" means a solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as a fuel or soil amendment, or any combination of those materials. The term does not include:
A. A facility that receives only recyclable materials that have been separated at the source of waste generation;
B. A salvage yard for the recovery of used motor vehicle parts;
C. A facility that receives, processes or stores only concrete, masonry waste, asphalt pavement, brick, uncontaminated soil or stone for the recovery of recyclable materials;
D. A facility that receives, processes or stores hazardous waste unless it may be classified as household hazardous waste.
"Medical waste" "Medical waste" has the meaning as ascribed to it in 49 C.F.R. Part 173, Appendix G—"Definition of Regulated Medical Waste," as that Appendix existed on November 8, 1993. The term "medical waste" does not include the following if the items as packaged do not contain any material otherwise subject to the requirements of 49 CFR Part 173, App. G, as amended:
A. Biological products;
B. Diagnostic specimens;
C. Laundry or medical equipment that conforms to 29 CFR 1910.1030 of the regulations of the Occupational Safety and Health Administration of the United States Department of Labor;
D. A material, including waste, that previously contained an infectious substance and has been treated by steam sterilization, chemical disinfection or other appropriate method, so that it no longer poses the hazard of an infectious substance;
E. Any waste material, including garbage, trash and sanitary waste in septic tanks, derived from households, including but not limited to single-family or multifamily dwellings, mobilehome parks, hotels and motels;
F. Corpses, remains and anatomical parts that are intended for ceremonial interment or cremations; or
G. Animal waste generated in animal husbandry or food production.
"Mobilehome" means a factory-assembled structure or structures, a minimum of eight feet in width, originally equipped with the necessary service connections and originally made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as a dwelling unit(s) without a permanent foundation, whether or not said running gear has been removed.
"Mobilehome park" means an area or tract of land where two or more mobilehomes or mobilehome lots are rented or held out for rent; however, it does not include an area or tract of land where more than half the lots are rented overnight or for less than one month.
"Mobilehome park lot" means a portion of land within a mobilehome park which is rented or held out for rent to accommodate a mobilehome.
"Motel". See "Hotel."
"Multifamily dwelling" means a building, or portion thereof, used for occupancy by three or more families living independently of each other, with the units completely separated by a common wall, floor and/or ceiling, not including hotels, motels, lodging houses, or group care facility.
"Non-exclusive franchise agreement" means an agreement between the City and any third party by which the third party is authorized to collect, transport, divert, process and dispose of source separated recyclables with no more than ten (10) percent residual solid waste or construction or demolition waste generated in the City.
"Non-exclusive franchise fee" means the fee required by and detailed in a non-exclusive franchise agreement based upon a percentage of a non-exclusive franchisee's cash receipts derived from the collection, transportation, diversion, processing and disposal of source separated recyclables or construction or demolition waste generated in the City. The non-exclusive franchisee fee shall not be a separate line item on the customers' bill.
"Non-exclusive franchisee" means any person who has contracted with the City for non-exclusive collection, transportation, diversion, processing and disposal of source separated recyclables with no more than ten (10) percent residual solid waste or construction or demolition waste generated in the City.
"Non-residential customer" means any solid waste disposal service customer of an exclusive franchisee except for customers at single-family dwelling, duplexes, multifamily dwellings or mobilehome parks who receive individual curbside collection of solid waste and who do not share containers with other residents.
"Overflow" or "overflowing solid waste" means solid waste of non-residential or multifamily dwelling customers that is deposited on the ground outside of a solid waste container or excess solid waste that has been piled onto a solid waste container that is already full to such an extent that the solid waste exceeds the water level designed capacity of the container.
"Place of business" means any place of business in the City of North Las Vegas licensed by said City, other than multifamily dwellings, to conduct or carry on principally or exclusively any pursuit or occupation for the purpose of gaining a livelihood.
"Premises" means a nonresidential or residential lot, including any buildings, improvements, and personal property located thereon.
"Public building" means office buildings, clubs, churches, schools, hospitals or other places of similar character.
"Putrescible" means solid waste capable of being decomposed by microorganisms, bacteria, or fungi with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions, and includes materials such as food wastes, offal and dead animals.
"Recyclable material" or "recyclables" means solid waste that is processed and returned to the economic mainstream in the form of raw materials or products as determined by the Southern Nevada Health District. Recyclable material includes, but is not limited to, PET and HDPE, newspaper, corrugated cardboard, aluminum, office paper and other fiber products that have been abandoned or discarded, glass, tin and steel cans, metal, plastic, motor oil, antifreeze, wood, food waste, and yard debris, wood, and greenwaste and that is not mixed with solid waste other than residual solid waste.
"Recycling center" means a facility that receives only recyclable materials from source separated recyclable materials that have been separated from solid waste at the source of waste generation and delivered for collection, sorting, and distribution. All operations such as collection, sorting, distributing and storage shall be conducted totally within an enclosed building and there shall be no outside storage, unless approved as a special use and is consistent with the criteria set forth in Section 17.24.020 C.18, as amended.
"Refuse" means all garbage, rubbish, ashes, street cleanings, dead animals, abandoned vehicles, inoperable vehicles, parts of vehicles and solid and industrial wastes.
"Residential Customer" means any solid waste disposal service customer of an exclusive franchisee for customers at single family, multi-family dwellings or mobile home parks who receive individual curbside collection or share containers with other residents.
"Residual solid waste" means solid waste that remains or is left after the separation and removal of source separated recyclables at the source of the generation of the source separated recyclables. Residual solid waste cannot be greater than ten (10) percent by weight as measured on a quarterly basis.
"Rubbish" means old tin and iron cans and containers, old wood, cardboard and paper boxes, old metals, wire, rope, cordage, bottles, bags and bagging, rubber and rubber tires, paper, wood shavings, and all used or cast-off articles or material, including old plaster, brick, cement, glass, old building material, leaves, yard trimmings, weeds, dead weeds, dead trees, dead bushes or dead grasses whether or not still in ground at any height and similar materials.
"Sewage waste" means any solid or semi-solid waste, including biosolids, sludge, screenings and grit, generated from the operation of the City's water pollution control facility.
"Single-family dwelling" means a building, or manufactured home as defined in NRS 489.113, used for residential occupancy by one family that receives individual curbside service billed by the City.
"Solid waste" means all putrescible and nonputrescible materials in solid or semi-solid form that have been discarded or abandoned by their owner, including garbage, rubbish, junk vehicles and parts, ashes or incinerator residue, street refuse, dead animals, construction or demolition waste, commercial or industrial waste, grease trap waste, septic tank waste, yard maintenance waste, medical waste, sewage waste, commingled recyclables and other refuse recyclable materials that are commingled with solid waste, and other refuse. The term "solid waste" does not include any of the following:
A. Hazardous waste managed pursuant to NRS 459.400 through 459.600, inclusive.
B. Source-separated recyclables.
"Source separated recyclables" means recyclables that have been separated from the solid waste stream at the source of generation for recycling purposes and that are not mixed with solid waste other than residual solid waste.
"Unforeseen economic circumstance" means that the percentage change in the CPI, for a given calendar year ending in December is greater than ten (10) percent or below zero (decrease); or that some occurrence beyond the exclusive franchisee's reasonable control, or an action by a governmental jurisdiction, or if the City Council finds that economic occurrences during that period have caused specific additional economic costs for the exclusive franchisee which are not reflected in changes to the CPI during that same time period.
(Ord. No. 2587, § 1, 9-21-2011; Ord. No. 3231, § 1, 4-2-2025)