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For the purposes of this chapter, the following terms, phrases, words, and their derivations, shall have the meanings given in this section. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

“Aircraft” means any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. Aircraft includes helicopters and lighter-than-air dirigibles and balloons.

“Authorized private receptacle” means a litter storage and/or collection receptacle as defined or required in the sections of this chapter dealing with garbage can specifications as now enacted or hereafter amended.

“City” means the city of Bellingham.

“Commercial handbill” means any printed or written matter, any sample, device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature which does the following:

A. Advertises for sale any merchandise, product, commodity, or thing; or

B. Directs attention to any business or 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 or donation solicited for the purpose of private gain or profit;

D. While containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.

“Garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.

“Litter” means garbage, refuse, and rubbish, as defined in this section, and in addition all other waste material or other unauthorized substance, including, but not limited to, motor oil, antifreeze, paint, or any other petroleum based products, or solid material which, if thrown or deposited as prohibited in this chapter, tends to create a danger to public health, safety, and welfare or tends to create a danger of pollution or environmental damage.

“Litter receptacle” means containers for the disposal of litter of not more than 60-gallon capacity; provided, that special containers of larger capacity such as those referred to as dumpsters, and garbage containers or other waste containers serving single-family or multifamily residences are not included within this definition.

“Newspaper” means any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, means and includes any periodical or current magazine regularly published with not less than four issues per year and sold to the public.

“Noncommercial handbill” means any printed or written matter, any sample, device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the definitions of commercial handbill or newspaper.

“Park” is a park, reservation, playground, beach, recreation center, or any other public area in the city owned or used by the city and devoted to active or passive recreation.

“Person” means any industry, public or private corporation, copartnership, association, firm, individual, or other entity whatsoever.

“Private premises” means any dwelling, house, building, or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.

“Public place” means any area that is used or held out for the use of the public whether owned or operated by public or private interests. Public place, for purposes of compliance with the provisions of this chapter regarding the placement of litter receptacles in the numbers specified, shall not include indoor areas. An indoor area shall be construed to mean any enclosed area covered with a roof and protected from moisture and wind.

“Refuse” is all putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.

“Rubbish” means nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, and similar materials.

“Vehicle” means 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. [Ord. 10919 § 1, 1997; Ord. 8573 § 15(B), 1977].