For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED PROPERTY. Includes, without being so restricted, deteriorated, wrecked, partially dismantled, or inoperative motor vehicles.
BUILDING. Any structure designed or intended for the support, enclosure, shelter, or protection of persons or property.
BUILDING OFFICIAL. The person designated by the City Council, from time to time, to serve as the city official authorized to assist in the enforcement of this subchapter.
CITY. The City of Flandreau, Moody County, South Dakota.
CITY COUNCIL. City Council of the City of Flandreau, Moody County, South Dakota.
DESIGNATED OFFICIAL. Person designated by the City Council, from time to time, to care for the removal of noxious and unhealthful vegetation.
GARBAGE. All organic refuse from the preparation of food and decayed or spoiled animal or vegetable food from any source.
INOPERABLE VEHICLE. All vehicles must be both operational and properly licensed. Any vehicle which is not in operating condition due to damage, removal, or inoperability of one or more tires, wheels, the engine, or other essential parts required for the operation of the vehicle or which does not have lawfully affixed thereto a valid state license plate or which constitutes an immediate health, safety, and fire or traffic hazard is considered an INOPERABLE VEHICLE.
LITTER. A disorderly accumulation of objects, especially carelessly discarded trash.
NOXIOUS AND UNHEALTHFUL VEGETATION. Weeds defined by the federal or state government as being noxious.
NUISANCE. Unlawfully doing an act or omitting to perform a duty, which act or omission either:
(1) Annoys, injures, or endangers the comfort, repose, health, or safety of others;
(2) Offends decency;
(3) Unlawfully interferes with, obstructs, or tends to obstruct or renders dangerous for passage any lake, navigable river, bay, stream, canal or basin or any public park, square, street, or highway;
(4) In any way renders other persons insecure in life or in the use of property; and/or
(5) Whatever is dangerous to human health; whatever renders the ground, the water, the air, or food hazardous or an injury to human health.
PATIO FIRE PIT. A chiminea, patio fireplace, patio heater, fire pit brazier, and the like.
PREMISES. A lot or parcel of land with, improved or unimproved, parking areas, walkways, and sidewalks thereon.
PUBLIC AND PRIVATE NUISANCE. A public nuisance is one 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. Every other nuisance is private. (SDCL § 21-10-3)
REFUSE. Includes unwanted or discarded waste materials in a solid or semi-liquid state, consisting of garbage, rubbish, or a combination thereof.
RUBBISH. Includes non-putrescible solid waste consisting of combustible and noncombustible waste materials from residential, commercial, industrial, and institutional establishments including yard waste and items commonly referred to as TRASH.
SIDEWALK. A strip of property lying in front of and between the curb line and property line of the adjoining or abutting lot, piece, or parcel of land within the city.
SOLID WASTE. Refuse, rubbish, garbage, trash, and bulky refuse.
TRASH. Includes earth, soil, wood, tree leaves, dead leaves, small branches, clay, sand, bricks, plaster, Portland cement, chips, shavings, grass cuttings, sticks, rocks, old papers and magazines, paper or wood cartons, rags, sawdust, old clothing, and other combustible materials of a like nature which are not included in the definition of garbage.
(Prior Code, Ch. 5.1) (Ord. 598, passed 5-18-2020)