§ 15-1-101. Definitions.

A.

As used in this chapter, the following terms shall have the meanings respectively ascribed to them herein:

1.

"Abandoned sign" - see definition in Section 18-9-1-902 of this code.

2.

"Administrative officer" means the building official/code official of the city, as defined in Chapter 1 of this code, or his designee.

3.

"Antique or classic vehicle" means any motor vehicle twenty-five (25) years of age or older, based upon the date of manufacture thereof, that is valued in excess of two thousand five hundred dollars ($2,500.00) as established by the National Automobile Dealers Association Official Guide Average Retail Price of the vehicle and shall be in operable condition including but not limited to having a current registration.

4.

"Blighting influence" means the maintaining of the exterior of a building or structure in a condition that, if not corrected, would or could cause surrounding buildings and structures to become likewise maintained leading to an overall deterioration of the surrounding area. Such a condition would include failing to remove, allowing to remain or permitting graffiti on the exterior of any building or structure.

5.

"Cleaning" means the removal of trash or weeds, or both, from property.

6.

"Dead tree limb" means any tree limb, branch or twig which is dead or in such an advanced state of disease that a reasonable question exists regarding the tree limb's ability to remain aloft and attached to the tree and which creates a safety hazard to persons or vehicles standing or passing beneath such limb.

7.

"Dilapidated sign" - see definition in Section 18-9-1-902 of this code.

8.

"Hearing officer" means the city manager or his designee.

9.

"Junk " means every kind of previously used or secondhand rags, sacks, bottles, cans, paper, machinery, vehicles, vehicle parts, rubber goods, metal and all other similar articles of whatsoever nature or kind.

10.

"Junk vehicle" means any vehicle, as defined herein, which is wrecked, dismantled, partially dismantled, inoperative, deteriorated, decayed, lacks parts or maintenance necessary for operation, abandoned, bearing no state registration or bearing a state registration that is more than three (3) months out of date, or having a value less than one thousand dollars ($1,000.00) as established by the National Automobile Dealers Association Official Guide adjusted for the condition of the vehicle.

11.

"Low hanging limb" means any limb, branch, twig, or tree foliage situated eight (8) feet or less above any sidewalk or fourteen (14) feet or less above any street, alley, public way or utility easement. Suspected low hanging limbs are herein defined are measured from a point on the low tree limb closest to the ground perpendicular to the public property or public way immediately below.

12.

"Major overhaul" means repair of a vehicle when components are removed for overhaul or repair such as, but not limited to, the engine, transmission, rear end suspension assembly, or body components.

13.

"Nuisance" means unlawfully doing an act, or omitting to perform a duty, which act or omission either:

a.

Unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace, or safety of others; or

b.

Unlawfully interferes with, obstructs or tends to obstruct or render dangerous for passage, any lake or navigable river, stream, canal or basin, or any public park, square, street or other public property; or

c.

In any way renders other persons insecure in life or in the use of property, provided; or

d.

Offends decency.

This section shall not apply to preexisting agricultural activities

14.

"Owner" or "property owner" means the owner of record as shown by the most current tax rolls of the county treasurer.

15.

"Park or parking" means a temporary placement of a vehicle when not in use.

16.

"Private property" means any real property which is not a public way or public property.

17.

"Private nuisance" means any nuisance not otherwise meeting the criteria of a public nuisance.

18.

"Public nuisance" means a nuisance which affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal.

19.

"Public place" means any enclosed indoor area where individuals other than employees are invited or permitted. Private residences, homes, or apartments shall not be considered a public place.

20.

"Public property" or "public right-of-way" means that real property over which the state or any subdivision of the state exercises control and dominion or which the state or any subdivision of the state has beneficial interest.

21.

"Public way" means any sidewalk, street, alley, right-of-way or easement.

22.

Sign" shall have all of the meanings for the various types of signs as defined in Section 18-9-1-902 of this code.

23.

"Smoking" means the carrying or possession by a person of a lighted cigar, cigarette, pipe or other lighted smoking device.

24.

"Store or storage" means the placement of a vehicle on private property in excess of seventy-two (72) hours.

25.

"Tattoo" means to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, so as to produce a permanent indelible mark or figure visible on the skin. Provided, however, that the provisions hereof shall not apply to any act performed by a licensed practitioner of the healing arts.

26.

"Trash" means any refuse, litter, ashes, leaves, broken, dead or detached limbs and branches, cut or uprooted vegetation, debris, paper, combustible materials, rubbish, offal, waste, junk or matter of any kind or form which is uncared for, discarded or abandoned.

27.

"Vehicle" means a device in, upon, or by which any person or property is or may be transported, except devices designed to be moved by human power or used exclusively upon stationary rails or tracks, the term shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, boats, trailers, and campers.

28.

"Vehicle owner" means the most current title holder of a vehicle as recorded pursuant to applicable state recording statutes.

29.

"Weeds" includes all vegetation at any stage of maturity which:

a.

Exceeds twelve (12) inches in height, except healthy trees, shrubs or produce for human consumption or vegetation in a tended and cultivated garden unless such vegetation by its density or location constitutes a detriment to the health, benefit and welfare of the public and interferes with the mowing of said weeds;

b.

Regardless of height, harbors, conceals or invites deposits or accumulation of refuse or trash;

c.

Harbors rodents or vermin;

d.

Gives off unpleasant or noxious odors;

e.

Constitutes a fire or traffic hazard; or

f.

Is dead or diseased.

The term "weed" does not include tended crops on land zoned for agricultural use which are planted more than one hundred fifty (150) feet from a parcel zoned for other than agricultural use.

(Ord. 2005-21, Amended, 06/10/2005; Ord. 2003-05, Amended, 01/14/2003; 97-39, Amended, 08/12/1997; Ord. 2006-89, Amended, 12/19/2006; 2005-91, Amended, 11/22/2005)

(Ord. No. 09-29, § 1, 8-25-2009; Ord. No. 12-12, § 1, 4-24-2012)