521.005 DEFINITIONS.
   For the purpose of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.
   "Aircraft" means any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air.  The word "aircraft" includes helicopters and lighter-than-air dirigibles and balloons.
   "Authorized private receptacle" means a vessel or container approved by either the Director of Public Service or his authorized representative, the Fire Marshal, or the County Health Department for safe, sanitary retention on premises of refuse, garbage, rubbish or other deleterious matter, as enumerated herein, prohibited from open storage, pending removal.
   "Automobile" or "motor vehicle part" means any portion or part of any motor vehicle detached from the vehicle as a whole.
   "Commercial enterprise" means any activity undertaken for the production of private gain or profit by charge of a fee or otherwise.
   "Commercial handbill" means any printed or written matter, sample, device, dodger, circular, leaflet, pamphlet, paper, booklet or other printed or otherwise reproduced copy of literature which:
      (1)   Advertises for sale any merchandise, product, commodity or thing;
      (2)   Directs attention to any business, mercantile or commercial establishment, or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales; or
      (3)   While containing reading matter other than advertising matter, is predominantly and essentially an advertisement.
      (4)   "Commercial handbill" does not include a handbill advertising an activity where an admission fee is charged or a collection is taken for the sole purpose of defraying the expenses incident to a charitable, religious or educational meeting, performance, exhibition or event.  Nothing contained herein shall be deemed to authorize the meeting, performance, exhibition or event without proper licensing where the license is or may be required by any state law or City ordinance.
   "Garbage" means any animal or vegetable waste resulting from the handling, preparing, cooking or consuming of food which will decay if not properly disposed of.
   "Litter" means refuse, rubbish and garbage, and all other solid waste material which, if thrown, blown or deposited in unreasonable quantities, would tend to create a danger to the public health, safety or welfare.
   "Newspaper" means any paper, magazine or other regularly or periodically published matter whose predominant and essential purpose is to convey newsworthy items as distinguished from commercial advertising or propagation of singular ideology.
   "Noncommercial handbill" means any printed or written matter, sample, device, dodger, circular, leaflet, pamphlet, booklet or other printed or reproduced matter, not charitable, religious or educational in nature, gratuitously distributed, without solicitation of the affected party, for a purpose other than production of commercial revenues.
(1979 Code 136.01)
   "Noxious weed" means a plant of no known floral value, not customarily a part of a residential lawn, which is offensive to the public health, safety or welfare based upon its known allergic propensities upon touch or inhalation, including but not limited to weeds such as goldenrod, poison ivy and ragweed; plants which constitute a public nuisance by virtue of their height and obstruction in the line of vision necessary for drivers to safely operate at public intersections or which are located in such close proximity to public thoroughfares so as to unreasonably restrict the public's safe use thereof; plants offensive to the public health by virtue of their serving as a breeding ground for vermin, insects or other wild animals resulting by virtue of the lack of maintenance thereof.  Nothing contained herein shall be deemed to constitute any crop being commercially grown for agricultural purposes, such as corn, soy beans and similar items as noxious weeds.
(Ord. 1988-103.  Passed 4-14-88.)
   "Nuisance" means any continuous, unlawful or unreasonable interference with a peaceful enjoyment of property rights, either public or private, by violation of the right to a clean, comfortable environment or interference with the public health, safety; or welfare.
   "Park" means any public land, reservation, recreation center or other area owned or used by the City and designated by the Parks and Recreation Board as "recreational usage," either active or passive, by denominating the property a "park."
   "Private premises" means any dwelling unit, house, building or other structure designed or used either wholly or in part for private residential purposes or otherwise, whether inhabited or vacant, including all yard areas appurtenant thereto.
   "Public premises" means any and all property owned by the City for use in the exercise of its governmental function, including, but not limited to, streets, sidewalks, rights of way, alleys and parks.
   "Public way" means any and all property within the right-of-way designated as a dedicated street within the City, and all easements held by the City for the benefit of the public.
   "Refuse" means all putrescible and nonputrescible solid waste (except body waste), including, but not limited to, garbage, rubbish, street cleanings, solid market and industrial waste or dead animals.
   "Rubbish" means any solid waste, including, but not limited to, wire, chips, shavings, bottles, glass containers, broken glass, crockery, tin or aluminum cans, cast or wooden ware, boxes, rags, paper goods, boots, tires, shoes, broken concrete, tree stumps or limbs, cinders, clinkers or any waste material of any kind.
   "Scrap metal" means any piece of, or part made of, steel, iron, zinc, copper, aluminum  or any alloy thereof, whether intact or in part, which has served its usefulness in its original form and can no longer be used or is no longer useful for its originally intended purpose.
   "Stench" means any offensive odor given off by liquid or solid waste, body or otherwise, treated or untreated, such as would be deleterious and obnoxious to the reasonable man and unreasonably interfere with the peace and enjoyment of his property.
   "Unlicensed motor vehicle" means any motor vehicle not having affixed thereto current license plates.
   "Used building material" means any material such as wood, stone, brick, cement block, or any composition thereof, used or useful in the erection of any building structure, which has been previously used for the erection or construction.
   "Vehicle" and "motor vehicle" See Chapter 301 of the Traffic Code.
(1979 Code 136.01)