For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. Any motor vehicle which is left unattended or unused on any public street or alley, in any public parking lot, or in any other public place for more than 14 consecutive days.
ABATEMENT. Process by which the town responds to nuisances and resolves the nuisance either through a voluntary response of the offending property owner or through some form of civil or legal enforcement or other town action or response.
ACCEPTABLE BURNABLE MATERIALS. Consists of dry material to include: clean (unpainted, and untreated) lumber; wood to include logs, branches, and twigs; and charcoal. Materials shall not include rubbish, garbage, trash, any material made of or coated with rubber, plastic, leather, petroleum based materials, or any flammable or combustible liquids.
ALLUVIAL FLOODING. Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
ANIMAL. Any live creature, both domestic and wild, except humans. ANIMAL includes fowl, fish, and reptiles.
ANIMAL AT-LARGE.
(1) An animal when off or away from the premises and not under the control of the owner, possessor, keeper, agent, servant, or a member of his or her immediate family by a leash.
(2) An animal when on the premises of the owner, possessor, keeper, agent, or servant if not attended by a competent person unless the animal is chained, restrained, enclosed, or confined in a manner preventing it from leaving the premises.
ANIMAL SHELTER. A building and facilities therein approved by the Board of Trustees for the impounding of animals.
ANTI-ESCAPE. Any housing, fencing, or device which a guard dog cannot go over, under, through, or around.
APEX. A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
APPROVED COOKING DEVICES. Includes, but are not limited to gas, charcoal, and electric grills.
AREA OF SHALLOW FLOOD. A designated AO, AH, or VO Zone on a community’s Flood Insurance Rate Map (FIRM) with a 1% chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD. Land within the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, A1-99, VO, V1-30, VE, or V.
AUTHORIZED EMERGENCY VEHICLE. Vehicles of the Fire Department, police vehicles and such other emergency vehicles as are designated or authorized by the Board of Trustees
BASE FLOOD. A flood having a 1% chance of being equaled or exceeded in any given year.
BASEMENT. Any area of the building having its floor sub-grade (below ground level) on three sides.
BONFIRE. A large open air fire kindled to mark a public event, victory celebration, or similar occurrence.
BUSINESS DISTRICT. The territory contiguous to a street not comprising a business district when the frontage on such street for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business.
COMMERCIAL VEHICLE. Any vehicle which has more than four square feet of signage or which is adapted, designed, equipped, and used to perform a specific commercial function and which does not meet the definition of personal passenger vehicle.
CONSTRUCTION EQUIPMENT. Any self-propelled or pull/push piece of equipment which is adapted, designed, equipped, and used to perform specific construction activities. This term shall include, but is not limited to, front end loaders, backhoes, skid loaders, and tandem axle trailers.
CRITICAL FEATURE. An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
CROSSWALK. The portion of a roadway ordinarily included within the prolongation of curb and property lines at intersections, whether or not marked, or any other portion of a roadway clearly indicated for pedestrian crossing by lines or other markings on the surface.
CRUELTY. Any act or omission whereby unjustifiable physical pain, suffering, or death of an animal is caused or permitted, including failure to provide proper drink, air, space, shelter, or protection from the elements, a sanitary and safe living environment, veterinary care or nutritious food in siphoned quantity. In the case of activities where physical pain is necessarily caused, such as medical and scientific research, food processing, customary and normal veterinary and agricultural husbandry practices, pest elimination, and animal training and hunting, CRUELTY shall mean a failure to employ the most humane method reasonably available.
CURB. The extreme edge or lateral boundary of a roadway, whether marked by curbing or not so marked.
DANGEROUS VEGETATION. All species of sunflowers, all species of rag weeds, all species of cockle burrs, all species of tumble weeds, all species of thistles, dandelions, plantains, wild morning glory, black mustard, and pigweed.
DEVELOPMENT. Any human-made change in improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filing, grading, paving, excavation or drilling operations, or storage of equipment or materials.
DILAPIDATED BUILDING/STRUCTURE. Any building or structure which has any or all of the conditions or defects that may be deemed a danger to the life, health, property, or safety of the public or its occupants or in a condition of defect that annoys, injures, or endangers the comfort, health, or repose of others by existing in a state of damage, vacancy, in a condition unfit for occupancy, in a condition unsafe and likely to cause injury, cracked, warped, buckled, or settled, deteriorated, decayed, constructed in a faulty manner, lacking support or inadequacy of foundation or structural soundness, or in a state of uncleanness.
DISTURBANCE. The act of disturbing the peace and quiet of the neighborhood by continuous barking or making other loud or unusual noises.
DOUBLE PARKING. The standing of a vehicle upon a street at the rear of another vehicle which is parked diagonally at the curb, or the standing of a vehicle upon a street alongside and parallel to another vehicle which is parked parallel to the curb.
ELEVATED BUILDING.
(1) A non-basement building:
(a) Built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water; and
(b) Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood.
(2) In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, ELEVATED BUILDING also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.
(3) In the case of Zones V1-30, VE, or V, ELEVATED BUILDING also includes a building otherwise meeting the definition of ELEVATED BUILDING, even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of 44 C.F.R. § 60.3(e)(5) of the National Flood Insurance Program regulations.
EXISTING CONSTRUCTION. For the purposes of determining rates, structures for which the START OF CONSTRUCTION commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. EXISTING CONSTRUCTION may also be referred to as EXISTING STRUCTURES.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at the minimum, the installations of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FARM EQUIPMENT. Any self-propelled or push/pull piece of equipment which is adapted, designed, equipped, and used in the pursuit of agricultural operations. This term shall include, but is not limited to, tractors, combines, gravity wagons, and plows.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waves; or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD HAZARD BOUNDARY MAP (FHB). An official map of a community, issued by the Administrator, where the boundaries of the flood, mudslide (such as, mudflow) related erosion areas having special hazards have been designated as Zones A, M, and/or E.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the flood boundary-floodway map.
FLOODPLAIN or FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source (see definition of flooding).
FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS. Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a “special flood hazard” and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees, or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
FLOOD-PROOFING. Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
FLOODWAY (REGULATORY FLOODWAY). The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
FUNCTIONALLY DEPENDENT USE. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE. Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
(4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior; or
(b) Directly by the Secretary of the Interior in states without approved programs.
HOUSING, PET. Any location where the pet is kept.
IMPOUND. Taking into custody of an animal by any law enforcement officer, animal control officer, or any authorized representative thereof.
INTERSECTION. The part of a street where a street joins another at an angle, whether or not it crosses the other street, and shall include the full width of the street, between the curb lines, extended, of the intersecting streets.
JUNK MOTOR VEHICLES. Any motor vehicle which does not have lawfully affixed thereto unexpired license plates or which is wrecked, dismantled, partially dismantled, inoperable, or discarded.
LAW ENFORCEMENT OFFICER. Any employee or officer of the state or any political subdivision thereof, and who is responsible for the prevention and detection of crime and the enforcement of the criminal or highway traffic laws of the state or the town.
LEASH. A cord, strap, or chain by which an animal is controlled by the person accompanying it.
LEVEE. A human-made structure, usually earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM. A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
LITTER, WASTE, or GARBAGE. Any discarded, used, or contaminated substance or waste. LITTER may include, but is not limited to, any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging construction material, abandoned motor vehicles, motor vehicle parts, tires, salvage materials, furniture, oil, carcasses of dead animals, any nauseous or offensive matter of any kind, any object likely to injure any person or create a traffic hazard, dead trees, dead tree branches, construction materials, or anything else of any unsightly or unsanitary nature, which has been discarded, abandoned, or otherwise disposed of improperly.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building’s LOWEST FLOOR; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of 44 C.F.R. § 60.3 of the National Flood insurance Program regulations.
MANUFACTURED HOME. A structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME does not include a RECREATIONAL VEHICLE.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s flood insurance rate map are referenced.
MOTOR VEHICLE. Any self-propelled vehicle, including, but not limited to, automobiles, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts, and campers.
NEW CONSTRUCTION. For the purpose of determining insurance rates, structures for which the START OF CONSTRUCTION commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, NEW CONSTRUCTION means structures for which the START OF CONSTRUCTION commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
NOXIOUS VEGETATION. All species of sunflowers, all species of rag weeds, all species of cockle burrs, all species of tumble weeds, all species of thistles, dandelions, plantains, wild morning glory, black mustard, and pigweed.
NUISANCE. A nuisance consists of unlawfully doing an act, or omitting to perform a duty, which act or omission or either annoys, injures, or endangers the comfort, repose, health, or safety of others; offends decency; unlawfully interferes with, obstructs, or renders dangerous for passage, any lake or navigable water, bay, stream, canal, or basin, or any public park, square, street, highway; or in any way renders other persons insecure in life, or in the use of property (SDCL § 21-10-1).
NUISANCE PROPERTY. Includes, but is not limited to:
(1) Annoys, injures, or endangers the comfort, repose, health, or safety of others in the community or in any way renders other persons in the community insecure in life, or in the use of their property;
(2) Offends decency;
(3) Unlawfully interferes with, obstructs, or tends to obstructs, or renders dangerous for passage, any public park, square, street, or highway;
(4) Any abandoned property, abandoned motor vehicles, junk motor vehicles, litter, waste, or garbage; any accumulation of junk and/or litter maintained upon any premise; any abandoned, discarded or unused furniture, appliances, sinks, toilets, cabinets, or other household fixtures or equipment; any abandoned, discarded, inoperable or unused junk motor vehicles, trailers, wagons, and other types of machines and implements; any presence of an abandoned, discarded, wrecked, burned, dismantled, inoperable, junked, or partially dismantled vehicle or parts thereof, on private or public property is hereby declared a public nuisance;
(5) Any broken windows, doors, attic vents, and under floor vents; any empty or vacant buildings including dilapidated buildings/structures that have doors, windows, or other openings that allow entrance of wild animals and vermin and further create a health or safety risk to the community; any dilapidated building/structure as defined herein that threatens the comfort, health or general safety of the community;
(6) Any sign or sign structure that is dismantled, partially dismantled, defective, broken, deteriorated, in disrepair, or defaced; or allowing the exterior building coverings to deteriorate as to encourage decay, dry rot, warping, and cracking;
(7) Any accumulation of dead animals, animal matter, or waste of any kind, dead, decayed, diseased trees, and other vegetation, including overgrown weeds, trees and grass, and other vegetation;
(8) Any uncovered manure, garbage, rubbish, filth, fuel, small dead animals, wood, or like material; any failure to store in a covered container or throwing or letting fall on or permit to remain on any street, alley, private, or public ground any manure, trash, refuse, debris, newspapers, magazines, glass, plastic containers, styrofoam containers, garbage, rubbish, filth, fuel, small dead animals, wood, or other waste material;
(9) Any depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property, any animal or vegetable matter which attends the processing, preparation, transportation, cooking, eating, sale, or storage of meat, fish, vegetables, fruit, and all other food or food products found within the town which are likely to cause or transmit disease, or which may be a hazard to health or a disturbance to the general public;
(10) Any imperfect, leaking, unclean, or filthy sink, water closet, urinal, or other plumbing fixture in any building used or occupied by human beings;
(11) Any accumulation of manure or livestock waste; any human or other waste material discharged into the streets, alleys, or upon any property within the town;
(12) Any weeds or plants declared as noxious weeds by the State Weed Board and all other weeds and grass growing upon any lot or parcel of land in the town to a greater height than ten inches;
(13) Any deposits on any street any material which may be harmful to the pavement thereof, or for any person to deposit, or for the owner of the adjacent property to allow, any deposit of any waste material, glass, rocks, dirt, or other articles which may do injury to any person, animal, or property, including any person traveling across the street or right-of-way;
(14) Any wild animal(s) as defined by this statute whether domesticated or not that are within the corporate limits including hogs or pigs;
(15) Any well or other supply of water used for any purpose which is polluted thereby affecting the health and welfare of the town and community;
(16) Any excavation or other depression where stagnant water is permitted to collect for longer than one week;
(17) Any erecting or maintaining of any unsanitary privies, cesspools, or other waste disposal sites. Only sanitary waste facilities approved by the State Health Department are allowed within or outside the town;
(18) Any burning on any street, alley, private residence/lot, or public ground of dirt, filth, manure, garbage, leaves, paper, rubbish, or any other material;
(19) Any livestock trucks or trailers parked in residential areas of the town which give off any offensive odor or pose a risk of contaminating the town, thereby impacting the general health and well-being;
(20) Any other nuisance or problem which threatens or endangers the comfort, health, and general safety of the community; or
(21) Any other use of property which is specifically declared by resolution of the Board of Trustees to be a nuisance, after compliance with the notice and hearing requirements of the town code.
OFFICIAL TRAFFIC SIGNALS. All signals, placed or erected by authority of a public body or official having jurisdiction, for the purpose of directing, warning, or regulating traffic.
OFFICIAL TRAFFIC SIGNS. All signs, markings, and devices other than signals, placed or erected by authority of a public body or official having jurisdiction, for the purpose of directing, guiding, warning, or regulating traffic.
OPERATOR. Any person who is in actual physical control of a vehicle.
OWNER; PET. Any person keeping, maintaining, or having in their custody or control an animal. The occupant of any premises on which an animal remains or to which it customarily returns daily for a period of ten days is presumed to be keeping the animal within the meaning of this code.
PARKING. The standing of a vehicle, whether attended or unattended, upon a roadway, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading, in obedience to traffic regulations or traffic signs or signals, or when authorized by the Town Marshal, a law enforcement officer, or other public official.
PEDESTRIAN. Any person afoot.
PERSONAL PASSENGER VEHICLE. Any car, pick-up truck, or van which has no more than four square feet of signage and which is designed for and facilitates personal and passenger travel and has not been externally altered with features not customary to personal usage.
PORTABLE FIRE PITS. Devices commercially designed and intended to contain and control outdoor wood fires that may be used in accordance with the manufacturer’s recommendations.
PREMISES. A lot or parcel of land, improved or unimproved, parking areas thereon, walkways, and sidewalks.
PRIVATE PROPERTY. A real property within the town which is privately-owned and which is not public property.
PRIVATE ROAD OR DRIVEWAY. Every road or driveway not open to the use of the public for vehicular travel.
PROHIBITED BURNABLE MATERIALS. Include but are not limited to refuse, rubbish, garbage, trash, leaves, cardboard, paper products, batteries, household furniture, appliances, any material made of or coated with rubber, plastic, leather, petroleum based materials, or any flammable or combustible liquids.
PUBLIC NUISANCE. One which affects at the same time an entire community, neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal (SDCL § 21-10-3).
PUBLIC PROPERTY. Any street, alley, or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and also means any other publicly-owned property or facility.
RECREATIONAL FIRES. Small campfires on private property, small fires confined to pits, or outdoor cooking fires.
RECREATIONAL VEHICLE. A vehicle which is built on a single chassis; 400 square feet or less when measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
RIGHT-OF-WAY. The privilege of the immediate use of the street.
ROADWAY. The portion of a street between the regular established curb line or that part devoted to vehicular traffic.
SIDEWALK. The portion of the street between the curb lines and the adjacent property lines.
SPECIAL ASSESSMENT. A levy or tax upon owners of property abutting a public improvement to offset the costs of said improvement. An assessment may also include a levy upon property for maintenance or abatement of a nuisance or other ordinance violations.
START OF CONSTRUCTION. (For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), being 16 U.S.C. §§ 3501 et seq.), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STREET. The part of the street set apart for the use of vehicles or motor vehicles and including alleys, avenues, and public highways.
STRUCTURE. A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before START OF CONSTRUCTION of the improvement. This includes structures which have incurred SUBSTANTIAL DAMAGE, regardless of the actual repair work performed. The term does not, however, include either any project for improvement of a structure to correct existing violations of state or health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or any alteration of a HISTORIC STRUCTURE, provided that the alteration will not preclude the structure’s continued designation as a HISTORIC STRUCTURE, provided that the alteration will not preclude the structure’s continued designation as a HISTORIC STRUCTURE.
THROUGH STREET. The portion of any street or avenue upon which travel is not controlled by stop signs or signals and entrance upon which from intersecting streets is controlled by stop signs.
TRAFFIC-CONTROL SIGNALS. Any device using colored lights, or words, or any combination thereof, whether manually, electrically or mechanically operated by which traffic is alternately directed to stop and proceed.
TRUCK. Any motor vehicle which is used primarily for the transportation of goods, materials, merchandise, or other commodities and which is not used primarily for the transportation of passengers.
UNHEALTHY VEGETATION. All species of sunflowers, all species of rag weeds, all species of cockle burrs, all species of tumble weeds, all species of thistles, dandelions, plantains, wild morning glory, black mustard, and pigweed.
VARIANCE. A grant of relief to a person from the requirement of an ordinance when specific enforcement would result in unnecessary hardship. A VARIANCE, therefore, permits construction or development in a manner otherwise prohibited. (For full requirements, see 44 C.F.R. § 60.6 of the National Flood Insurance Program regulations.)
VEHICLE. Any conveyance which is designed to travel along the ground or in the water and shall include, but not limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, pull trailers, go-carts, golf carts, boats, campers, and trailers.
VICIOUS ANIMAL.
(1) An animal which, in a vicious or terrorizing manner, approaches in an apparent attitude of attack, or bites, inflicts injury, assaults or otherwise attacks a person or other animal upon the streets, sidewalks, or any public grounds or places, provided that the animal has not been provoked to do so by teasing, tormenting, abusing, or assaulting the animal.
(2) An animal which, on private property, in a vicious or terrifying manner, approaches in an apparent attitude of attack, or bites, inflicts injury, assaults, or otherwise attacks a mail person, meter reader, service person, journey person, delivery person, or other employed person, or other animal who is on private property by reason of permission of the owner or occupant of such property or who is on private property by reason of a course of dealing with the owner of such private property.
(3) No animal may be declared vicious if the injury or damage is sustained to any person or animal who is committing a willful trespass or other tort upon premises occupied by the owner or keeper of the animal, or who was teasing, tormenting, abusing, or assaulting the animal or was committing or attempting to commit a crime.
VIOLATION. The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 C.F.R. § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
WILD ANIMAL. Animals other than domestic dogs and cats, which in a wild state are carnivorous or which because of their nature or physical makeup are capable of inflicting serious physical harm or death to human beings, common domestic animals like dogs and cats which show a continuing propensity for being capable of inflicting serious physical harm or death to human beings will be considered a wild animal.
(2008 Code, Chapter 11)