Except where the context clearly indicates a different meaning, the definitions contained in the Oregon Revised Statutes, as now or hereafter constituted, are adopted by reference and made a part of this chapter. In any conflict of laws, the city’s definitions and interpretation shall control. The City Council expressly retains the exclusive authority to define and interpret the meaning and application of the city’s ordinances, orders, rules, resolutions and/or other city law, even those laws borrowed from any other jurisdiction and incorporated as city law, such as the Oregon Revised Statutes. The City Council reaffirms and adopts current O.R.S. and O.A.R. in effect and referenced in this chapter.
CITY. As the context may require, the City of Tillamook, its City Mayor and City Council, City Manager, Police Chief, Public Works Director or other city employee charged with noticing, reporting or enforcing any city ordinance violation.
DAY. A 24-hour calendar day.
DEBRIS. Bits, pieces and/or whole units of rubbish and/or litter, whether of animal, mineral, vegetable or human-made material, or a combination thereof.
DISCARDED VEHICLE. Any vehicle which is licensed or unlicensed and is in one or more of the following conditions: inoperative, wrecked, dismantled or partially dismantled, abandoned, junked or which cannot be moved without being repaired or dismantled or is no longer safely usable for the purpose for which it was manufactured. This term shall also include, but not be limited to, major vehicle parts, such as vehicle bodies, engines or transmissions.
DRIVEWAY. The area that provides vehicular access to a site from the street. A DRIVEWAY generally is the same width as the curb cut excluding any aprons or extensions of the curb cut.
EMERGENCY MINOR VEHICLE REPAIR. For purposes of this chapter, the process of making repairs or minor installation of parts or equipment to a vehicle over a period of hours in one 24-hour day and not over multiple days.
GRAFFITI. Any inscription, word, figure, design, painting, writing, drawing or carving that is marked, etched, scratched, drawn, painted or otherwise applied to property without the authorization of the owner of the property, regardless of the graffiti content, or nature of the material used in the commission of the act, or the material of the property.
NOISE SENSITIVE UNIT. Any building or other structure, or portion thereof, used as a church, day care center, hospital, nursing care center, school or place used for overnight accommodations of persons, including, but not limited to, individual homes, individual apartments, trailers and nursing homes.
NOXIOUS VEGETATION. Grass and/or weeds exceeding eight inches in height, and/or blackberries, shrubbery or brush allowed to create a fire or safety hazard or to go to seed.
NUISANCE. Generally means an intentional, negligent or reckless act or failure to act by a person which interferes with the use and/or enjoyment of the life or property of another person or which interferes with the rights of the public and for which the law will presume resulting damage. NUISANCE here more specifically means any of the enumerated offenses identified by this chapter. However, the enumerated offenses in this chapter shall not be considered an exhaustive list. Additional public NUISANCES may be identified by facts and circumstances meeting the elements of the general definition. NUISANCE also means ALLEGED NUISANCE as the context in this chapter may require.
OWNER. The owner of the title of real property, or the contract purchaser of real property of record, as shown on the last available complete tax assessment roll. OWNER shall also mean any agent of the owner.
PERSON. A natural person, firm, partnership, association, corporation or legal entity of any kind subject to the jurisdiction of the city.
PERSON IN CHARGE OF PROPERTY. An agent, manager, occupant, lessee, contract purchaser or other person having possession or control of property or the supervision of any construction project of any person.
PERSON RESPONSIBLE. The owner of real and/or personal property, and/or owner’s agent, assignee, beneficiary or successor-in-interest, if any, or tenant of any kind. PERSON RESPONSIBLE also means person in charge having care, custody or control of real and/or personal property.
POLLUTE. To corrupt, defile or contaminate the soil, air and/or water by the addition of any noxious substance and/or noise.
PUBLIC PLACE. A building, way, place or accommodation, whether publicly or privately-owned, which is open and available to the general public.
RUBBISH WITHIN RIGHTS-OF-WAY. Depositing without the city’s prior permission any material within public or private rights-of-way, including, but not limited to, TRASH as defined in this section, compost piles, garbage cans, cages, dog houses, trailers and any other materials which will in any way create a safety or fire hazard or become unsightly or obnoxious.
STORED VEHICLE. For the purposes of this chapter, a motor vehicle that is parked on private property for a period longer than 30 cumulative days in any six-month period and the vehicle is not currently registered, insured and in immediate legal operating condition.
TRASH. Unregistered or currently UNLICENSED MOTOR VEHICLES, as defined by the State Motor Vehicle Code, vehicle parts, machinery, appliances, appliance parts, iron or other metals, broken pieces, plastic, glass, paper, lumber, wood or furniture.
VEHICLE UNDER REPAIR/REMODEL. Any vehicle which is in the process of being dismantled; discarded; repaired, other than emergency minor repair; discarded; remodeled; or refurbished or stored, as defined in this chapter.
(Prior Code, § 130.05) (Ord. 1253, passed 12-6-2010; Ord. 1262, passed 1-3-2012)