§ 38-57. Definitions.

[The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

(1)

"Abandoned vehicle" means any vehicle meeting the definition of abandoned property, as defined in F.S. § 705.101, that is left, stored or abandoned:

(a)

In a wrecked, inoperative, junked, partially dismantled, sunk, flooded or contributing to an uncontrolled release of fuel or hazardous materials upon the public property of the County.

(b)

On any roadway of the county without the consent of the agency having jurisdiction thereof.

(c)

Left, stored, abandoned, junked, partially dismantled, sunk, flooded or contributing to an uncontrolled release of fuel or hazardous material, upon the property of another without the consent of the owner of the property.

(2)

"County work forces" means 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.

(3)

"Derelict Vessel" means any vessel, as defined in F.S. § 327.02, that is left, stored or abandoned:

(a)

In a wrecked, junked or substantially dismantled condition upon any public waters of the county or county property or right-of-way.

(b)

At any port, dock, or mooring of the county without the consent of the agency having jurisdiction.

(c)

Docked, grounded or beached upon property of another without consent of the owner of the property.

(4)

"Disaster" means any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by the county, the Governor, or the President of the United States. Disasters shall be identified by the severity of resulting damage, as follows:

(a)

"Catastrophic disaster" means a disaster that will require massive state and federal assistance, including immediate military involvement.

(b)

"Major disaster" means a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance.

(c)

"Minor disaster" means a disaster that is likely to be within the response capabilities of local government and to result in only a minimal need for state or federal assistance.

(5)

"Disaster-generated debris" or "debris" means 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.

(a)

The term includes, but is not limited to:

1.

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

2.

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.

3.

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.

4.

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.

5.

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

6.

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

7.

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

(b)

The term does not include:

1.

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

2.

Debris on agricultural lands used for crops or livestock;

3.

Concrete slabs or foundations-on-grade; and

4.

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

(6)

"Disaster-generated debris removal management plan" means the action by the county taken in accordance with Section 38-72 herein.

(7)

"Division" means the Division of Emergency Management of the Department of Community Affairs, or the successor to that division.

(8)

"Emergency" means any occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property.

(9)

"Emergency Management" means the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. Specific emergency management responsibilities include, but are not limited to:

(a)

Reduction of vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural, technological, or manmade emergencies or hostile military of paramilitary action.

(b)

Preparation for prompt and efficient response and recovery to protect lives and property affected by emergencies.

(c)

Response to emergencies using all systems, plans, and resources necessary to preserve adequately the health, safety, and welfare of persons or property affected by the emergency.

(d)

Recovery from emergencies by providing for the rapid and orderly start of restoration and rehabilitation of persons and property affected by emergencies.

(e)

Provision of an emergency management system embodying all aspects of pre-emergency preparedness and post-emergency response, recovery, and mitigation.

(f)

Assistance in anticipation, recognition, appraisal, prevention, and mitigation of emergencies which may be caused or aggravated by inadequate planning for and regulation of, public and private facilities and land use.

(10)

"Emergency Management Department" means the County department created in accordance with the provisions of Florida law to discharge the emergency management responsibilities and functions of Collier County.

(11)

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

(a)

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

(b)

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

(c)

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

(12)

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

(13)

"Manmade Emergency" means an emergency caused by an action against persons or society, including, but not limited to, enemy attack, sabotage, terrorism, civil unrest, or other action impairing the orderly administration of government.

(14)

"Natural Emergency" means an emergency caused by a natural event, including, but not limited to, a hurricane, a storm, a flood, severe wave action, a drought, or an earthquake.

(15)

The "Director of the Office of Emergency Management" is the County official having the responsibility to execute the emergency management plan in Collier County and shall hereinafter be referred to as the "director."

(16)

"Private road" means 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.

(17)

"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.

(18)

"Stafford Act" means 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.

(Ord. No. 02-50, § 1; Ord. No. 07-49, § 1; Ord. No. 07-49, § 1; Ord. No. 2017-38, § 1)