The following words and phrases, whenever used in this Code or the ordinances of the City, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
ABATABLE NUISANCES: Enumerated nuisance conditions that may be abated by the City in accordance with the provisions of this chapter, specifically including, without limitation, the following nuisance conditions:
A. Nuisance materials leaked, drained, seeped, dripped, sprayed, or dumped on to the ground on private property;
B. Nuisance weeds;
C. Graffiti; or
D. Snow or ice on a public sidewalk abutting or adjoining any privately owned premises.
E. Personal property on any portion of a public sidewalk, except as specifically allowed by law or by written permit issued by the City or other governing authority.
AGENT: A person acting on behalf of another with authority conferred, either expressly or by implication.
CITY OR TOWN: The City of Hansen, Idaho, or the area within the territorial limits of the City, and such territory outside Hansen over which the City has jurisdiction or control by virtue of any constitutional or statutory provision.
CODE: The City Code of the City of Hansen.
COUNCIL: The City Council of Hansen. "All its members" or "all Council members" means the total number of Council members holding office.
COUNTY: The County of Twin Falls.
FISCAL YEAR: The fiscal year of the City shall commence on October 1 of each year.
GENERAL NUISANCES: Nuisance conditions that may lead to criminal charges without any prior attempt by the City to obtain abatement thereof, specifically, including, without limitation, nuisance materials leaked, drained, seeped, dripped, sprayed, or dumped on to the ground on public property, or any other nuisance condition not enumerated in the definition of "abatable nuisances".
GRAFFITI: Any inscription, work, figure, symbol, drawing, mark, or design that is marked, etched, scratched, drawn, or painted on any real or personal property or improvement, including, but not limited to, walls, fences, gates, pavement, buildings, rocks, trees, bridges, streets, sidewalks, and/or signs, whether such property is public, private, temporary, or permanent, without the consent of the owner of such or the owner's authorized agent, and which inscription, work, figure, symbol, drawing, mark, or design is visible from any publicly accessible location.
HOUSEHOLD GOODS AND EQUIPMENT: All usually referred to as household goods and articles used in housekeeping including, but not limited to, chairs, tables, davenports, beds, refrigerators, stoves, washers, furnaces, appliances, grease, oil, paint and their containers.
INFRACTION: A civil public offense, not constituting a crime, punishable by a penalty not exceeding one hundred dollars ($100.00) and for which no incarceration may be imposed.
JUNK VEHICLE: Any vehicle, or parts thereof, which:
A. Cannot be safely operated under its own power;
B. Is missing any one of the following: foot brakes, hand brakes, headlights, taillights, horn, muffler, rearview mirrors, windshield wipers, or adequate fenders;
C. Has been declared salvage, or has been physically damaged to the extent that the cost of parts and labor minus the salvage value would make it uneconomical to repair or rebuild such vehicle; or
D. Is otherwise in a wrecked, partially dismantled, inoperative, or dilapidated condition.
This definition shall not include junk vehicles lawfully stored or parked pursuant to the operation of a lawfully conducted business, or commercial enterprise.
LAW: Applicable Federal law, the Constitution and the Statutes of the State of Idaho, the ordinances of the City, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
LICENSE: The permission granted for the carrying on of a business, profession or occupation.
MACHINERY: All articles of industrial, farm or domestic machinery or equipment, any and all metal or wooden machinery, motors, equipment, tools or property.
MISCELLANEOUS PROPERTY: All other property including, but not limited to, old rope, iron, brass, copper, tin, lead, rubber, rags, baggage, bottles, scrap, toys, bicycles or boats.
MISDEMEANOR: Any offense not defined as a felony or infraction under State law.
MONTH: A calendar month.
NUISANCE: Anything which unreasonably injures or offends the health or senses; obstructs the free passage, comfortable enjoyment, or private property; or creates an actual or potential safety, health, or fire hazard.
NUISANCE MATERIALS: Hazardous, noxious, dangerous, or offensive materials, including, but not limited to, oil, gasoline, fuel, antifreeze, paint, pesticides, or herbicides.
OATH: Means and includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed".
OFFENSE: Any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code.
OPERATOR: The person who is in charge of any operation, business or profession.
OWNER: As applied to a building or land, means and includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or part of such building or land.
PERSON: Means and includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
PERSONAL PROPERTY: Means and includes money, goods, chattels, things in action and evidences of debt.
PROPERTY: Means and includes real and personal property.
REAL PROPERTY: Means and includes lands, tenements and hereditaments.
RETAILER: Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things direct to the consumer.
RIGHT-OF-WAY: The privilege of the immediate use of the roadway or other property.
SIDEWALK: That portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
STATE: The State of Idaho.
STREET: Means and includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the State.
TENANT AND OCCUPANT: Applied to a building or land, mean and include any person who occupies the whole or a part of such building or land, whether alone or with others.
WEEDS: Undesirable plant growth, whether living or dead, that is unkempt, unsightly, deleterious and/or injurious to the public. This definition shall not include cultivated grasses and pastures, though such vegetation may be declared a nuisance where otherwise appropriate.
WHOLESALER AND WHOLESALE DEALER: Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things to persons who purchase for the purpose of resale.
WRITTEN, IN WRITING: May include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond, it shall be in the proper handwriting of such person, or in case he is unable to write, by his proper mark.
YEAR: A calendar year. (Ord. 214, 4-30-2018)