§ 7.1-1. Definitions.

As used in this article and unless the context clearly requires otherwise, the terms defined in Section 252.34, Florida Statutes, shall have the meanings set forth therein. In addition, the following terms and phrases shall have the meanings herein ascribed unless the context clearly requires otherwise:

(a)

Average retail price, with respect to a state of local emergency, shall mean that price at which similar goods, materials or services were being sold at retail during the ninety-day period immediately preceding the declaration thereof.

(b)

Board shall mean the board of county commissioners of the county.

(c)

County shall mean Clay County, Florida.

(d)

County work forces shall mean officers, employees, and agents of the county including, but not limited to, contractors retained by the county to push, remove, store, or dispose of disaster-generated debris or to otherwise act in response to the implementation of the county's disaster-generated debris removal management plan.

(e)

Disaster-generated debris or debris shall mean any material, including trees, branches, personal property, and building material deposited on county-owned property or rights-of-way or on private roads as a direct result of a major disaster or a catastrophic disaster.

(1)

The term includes, but is not limited to:

a.

Vegetative debris, which means debris consisting of whole trees, tree stumps, tree branches, tree trunks, and other leafy material.

b.

Hazardous limbs and hazardous trees, which means limbs or trees damaged in a major disaster or a catastrophic disaster and in danger of falling on primary ingress or egress routes or on county rights-of-way.

c.

Construction and demolition debris, which means debris created by the removal of disaster-damaged interior and exterior materials from improved property such as lumber and wood, gypsum wallboard, glass, metal, roofing material, tile, carpeting and floor coverings, pipe, concrete, fully cured asphalt, equipment, furnishings, and fixtures.

d.

HHW, which means household hazardous waste such as household cleaning supplies, insecticides, herbicides, and other products or materials containing volatile chemicals that catch fire, react, or explode under certain circumstances, or that are corrosive or toxic.

e.

E-waste, which means electronic waste such as computer monitors, televisions, and other such electronics that contain hazardous materials.

f.

White goods, which means discarded household appliances such as refrigerators, freezers, air conditioners, heat pumps, ovens, ranges, washing machines, clothes dryers, and water heaters.

g.

Putrescent debris, which means debris that will decompose or rot such as animal carcasses and other fleshy organic matter.

(2)

The term does not include:

a.

Debris from vacant lots, forests, heavily wooded areas, unimproved property, and unused areas;

b.

Debris on agricultural lands used for crops or livestock;

c.

Concrete slabs or foundations-on-grade; and

d.

Construction and demolition debris consisting of materials used in the reconstruction of disaster-damaged improved property.

(f)

Disaster-generated debris removal management plan shall mean the action by the county taken in accordance with section 7.1-10 herein.

(g)

EMD shall mean the county's emergency management director.

(h)

Hazardous tree shall mean a tree greater than six (6) inches in diameter (measured at diameter breast height) and which meets any of the following criteria:

(1)

More than fifty (50) per cent of the crown is damaged or destroyed;

(2)

The trunk is split or broken branches expose the heartwood; or

(3)

The tree is leaning at an angle greater than thirty (30) degrees and shows evidence of ground disturbance.

(i)

Hazardous limb shall mean a broken tree limb greater than two (2) inches in diameter measured at the point of break.

(j)

Plan shall mean the county's comprehensive emergency management plan dated March 2002, as the same may subsequently be amended, supplemented or revised from time to time.

(k)

Private road shall mean any nonpublic road that is located within the county and has a designated name and private road signage, the maintenance of which is not the legal responsibility of the county. The term includes, but is not limited to, roads owned and maintained by homeowners' associations, including gated communities, and roads for which no individual or entity has claimed or exercised maintenance responsibility. The term also includes the land lying within the three-foot roadside shoulder area on both sides of the travel lanes of such road.

(l)

Right-of-way means the portions of county-owned land over which facilities such as highways, roads, railroads, or power lines are built. The term includes the county-owned land on both sides of such facilities up to the boundary of the adjoining property.

(m)

Stafford Act shall mean the Robert T. Stafford Disaster Relief and Emergency Assistance Act codified in 42 U.S.C. 5121 through 5207, as the same may be amended from time to time.

(n)

Successor EMD shall mean the department of public safety's EMS chief of operations as designated by the EMD.

(Ord. No. 2005-31, § 2, 7-12-05; Ord. No. 2011-25, § 2, 8-23-11)