§ 28-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Approved, enclosed, covered structure means any building, garage, accessory structure or other structure, having four or more enclosing walls and a roof, built according to and in compliance with all applicable building, zoning, fire or other codes of the town.
Automobile graveyard means any establishment or place of business which is duly licensed and operated in accordance with all applicable state laws and ordinances of the town and which is maintained, used or operated for storing, keeping, buying or selling of wrecked, ruined, damaged or dismantled motor vehicles or parts thereof.
Commercial property means any lot, tract, parcel, land or other property located within the town, that is zoned or designated for uses other than residential purposes.
Discarded household furnishings means any furniture, appliance, carpeting or similar item, originally intended for indoor residential use, placed outside of an approved, enclosed, covered structure.
Garbage means any animal or vegetable waste resulting from the handling, preparation, cooking or consumption of food or food products.
Hazardous plant nuisance means trees, shrubs, ornamental or non-ornamental plant growth, growing or standing on private property and which is dead, damaged, deteriorated, decayed or has otherwise become hazardous for any reason and which could pose a danger to the property on which it is located, any adjacent property, whether public or private or to the public in general, by danger of falling, splitting, uprooting or shedding limbs or any other reason determined to be a hazard.
Improved subdivision means a division of a tract of land or acreage into tracts or parcels and the improvement thereof by construction of streets, water lines, power lines and, where applicable, sewer lines to serve the subdivided property.
Inoperable means incapable of being used for the manufactured, designed or originally intended purpose.
Inoperable vehicle means any vehicle in a state of disassembly, or in the process of being stripped, dismantled or overhauled; or undergoing body work; or any other condition that renders the vehicle inoperable or incapable of being used for its designed or originally intended purpose; or any vehicle which is not currently licensed as required by law or which is kept or stored in a manner as to constitute a health, safety or fire hazard.
Junk means and includes all metals, whether ferrous or nonferrous, including, but not limited to, any used or second hand parts of machinery; plumbing fixtures or parts thereof; parts of an automobile, truck, bus, motorcycle, water craft or other motor vehicle; gas or electrical appliances or fixtures or parts thereof; household hardware or furnishings; wire; cable; bearings; valves; pipes and pipe-fittings; building materials; wood; or any other used or secondhand metal articles, including any inoperable motor vehicle which is kept or stored upon the premises in such a manner as to constitute a health, safety or fire hazard. The term "junk" shall not apply to building materials stored temporarily for use on the same real property within a period of 12 months, when said materials are neatly stored at least 18 inches above the ground.
Junk or salvage yard means any premises, establishment or place of business which is duly licensed and operated in accordance with all applicable state laws and the ordinances of the town, and which is maintained, operated or used for storing, keeping or dismantling of junk and salvage, but shall not include the place of business or premises of a scrap processor as herein defined.
Litter means all waste material which can be or is subject to being blown from place to place or scattered by the elements, including, but not limited to, paper, cardboard, cartons, boxes, plastics, rags, cloth, fibers and fabrics, leather, polyethylene and polystyrene.
Natural condition means an uncultivated and unseeded land, still in a state of nature. However, any growth on land once it has been cleared or plowed is not a natural condition, even though it has not been planted or cultivated by anyone.
Owner of property means any person, agent, operator, firm or corporation having a legal or equitable interest in the property or recorded in the official records of the state, county or municipality as holding title to the property; or person last assessed for payment of ad valorem taxes; or otherwise having control of the property, including the guardian of the estate of any such person and the executor, personal representative or administrator of the estate of such person if ordered to take possession of real property by a court.
Person means any individual, owner, title holder, agent, firm, corporation, partnership, association or organization of any kind. It shall include, but not be limited to, any tenant, lessee, manager, operator, occupant, executor, executrix, personal representative, administrator, guardian, trustee, bankruptcy trustee or other person in charge of, care of, possession of or control of any real or personal property.
Premises means any lot, yard, plot, tract, parcel or other piece of land or property located within the town.
Residential property means any lot, tract, parcel, land or other property located within the town, on which single or multifamily structures used as residences or for human habitation exist or any property located within an area which is zoned for residential uses by the town.
Scrap means all materials or waste, including, but not limited to, old cordage, ropes, rubber, bottles and other glass, tin or aluminum cans, buckets, tree branches, tree limbs, tree stumps or other waste or refuse not otherwise classified herein as junk, litter or garbage.
Scrap metal yard means any establishment or place of business which is duly licensed and operated in accordance with all applicable state laws and ordinances of the town and which is maintained, used or operated solely for the processing or preparing of scrap metals for re-melting by steel mills and foundries.
Scrap processor means any person who is duly licensed and operating in accordance with all applicable state laws or ordinances of the town and is engaged primarily in the purchase and collection of scrap metallic materials (e.g., manufacturing byproducts, obsolescent machinery and vehicles) for the specific purpose of processing into scrap materials for the metals recovery industry, such as steel mills, foundries, smelters and refineries and having machinery and facilities designed for such processing and making regular shipments of such materials in the normal course of business.
Stagnant water nuisance means any accumulation of water, whether natural or manmade and water in any type of open pool, container or vessel, which said water is not moving, not flowing, is motionless or is in a foul state from standing.
Vehicle means any device in, upon or by which any person or property is or may be transported, carried or drawn from one place to another and shall include, but not be limited to, motor vehicles, boat trailers, utility trailers, horse trailers, bicycles, carts, tractors or other similar devices.
Weed nuisance means any abundance of overgrown weeds or grass within the municipal limits of the town, which could be injurious to the general public health, safety and general welfare by providing breeding grounds and shelter for rats, mice, snakes, mosquitoes and other vermin, insects and pests; or attaining such heights and dryness so as to constitute a serious fire threat or hazard; or bearing wingy or downy seeds, that when mature, could cause the spread of weeds and, when breathed, could cause irritation to the throat, lungs and eyes of the public; or hiding debris, such as broken glass or metal, which could inflict injury on any person going upon the property; or being unsightly; or any growth of weeds, other than ornamental plant growth, which exceeds 12 inches in height.
(Ord. No. 2001-08, § 2, 7-10-2001)