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2016-08ORDINANCE NO. 2016-08 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, CHAPTER 7 (DOMESTIC BEEKEEPING) AND CHAPTER 38, ARTICLE III, SECTION 38-31 (ENVIRONMENT), PERTAINING TO THE KEEPING OF HONEY BEES. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Chapter 7, Domestic Beekeeping of the Code of the City of Fairfax is hereby deleted in its entirety. BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia, that Chapter 38, Article 111, Section 38-31, Environment of the Code of the City of Fairfax, is hereby amended as follows: Section 38-31. — Definitions. The following definitions shall apply to this article: Bulk waste. Appliances, furniture, bedding material, automobile parts, mechanical equipment, mechanical parts, carpet or similar material. Commercial waste. All materials or substances from any retail, wholesale, or commercial establishment. Designated enforcement officer. The director of code administration or his designee, any city law enforcement officer, or duly designated sworn special police officer. Dump. To dump, throw, release, spill, leak, discard, place, deposit or dispose of or allow to be dumped, thrown, released, spilled, leaked, discarded, placed, deposited or disposed. Hazardous waste. Insecticides, poisons, corrosives, combustibles, caustics, acids, infectious materials, explosives, compressed gases, biological and chemical materials, radioactive materials, flammable materials, and petroleum products, or similar materials. Industrial waste. All materials or .substances related to manufacturing, processing or production. Litter. Any can, bottle, box, carton, container, paper, wrapper, tobacco product, rag, cloth or newspaper. Person. Any individual, firm, owner, sole proprietorship, partnership, corporation unincorporated association, governmental body, municipal corporation, executor, administrator, trustee, guardian, agent, occupant or other legal entity. Public health or safety menace. Any condition that may be injurious to the public health or safety including, but not limited to: (1) Unburied dead animals; (2) Accumulations of water causing mosquito or other vector breeding or proliferation, except as a required source of water for beehives as defined in chapter 7110; (3) Unsanitary disposal of sewage, debris, or solid wastes; rodent and insect infestations; (4) The accumulation of fowl, honeybees and animals in such a manner as to create a condition that may be injurious to the public health or safety; (5) The accumulation of solid waste in such a manner as to create a condition that may be injurious to the public health or safety; (6) Open excavations, open wells, pits, trees or parts thereof in danger of falling; (7) Unsecured vacant structures; or (8) Habitation for bats, wasps or other venomous pests; Solid waste. Litter, garbage, trash, industrial waste, bulk waste, yard waste, commercial waste, hazardous waste, structural waste, tires, or any other condition, substance, material, product or thing which may be detrimental or potentially harmful to health, safety, comfort and general welfare of the public or the environment. Structural waste. All building materials resulting from erecting, removing, repairing, remodeling or razing buildings or other structures. Yard waste. All materials derived from trees, shrubbery, leaves, fallen branches, lawn trimmings, and other woody waste. This ordinance shall become effective on October 1, 2016. PUBLIC HEARING: July 12, 2016 ADOPTED: July 12, 2016 Mayor Date ATTEST: Votes Councilman DeMarco Aye Councilman Greenfield Aye Councilman Meyer Aye Councilmember Miller Aye Councilmember Schmidt Aye Councilman Stehle Aye