For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. Any motor vehicle that is left unattended on any public street, alley, public place or parking lot within the city for a longer period than 48 hours without the owner or person in charge notifying the City Police Department and making arrangements for the parking of such motor vehicle. However, a motor vehicle is not abandoned when it is parked next to a home where the occupant or owner of said motor vehicle is living or visiting. The above definition of an ABANDONED MOTOR VEHICLE is intended to apply to those motor vehicles that have been abandoned by the owner, person in charge or occupant thereof.
ACROBATIC FLYING. Any intentional aircraft maneuver or stunt not necessary to air navigation or operation of aircraft in such manner as to endanger human life or safety by the performance of unusual or dangerous maneuvers.
AIRCRAFT. Any aeroplane, airplane, gasbag, flying machine, balloon, any contrivance now known, or hereafter invented, used or designed for navigation or flight in the air.
AIRPORT. The Winner Municipal Airport.
AIRPORT HAZARD. Any structure or tree or use of land which obstructs the air space required for the flight of aircraft in landing to taking off at the airport or is otherwise hazardous to such landing or taking off of aircraft.
ALL-TERRAIN VEHICLES. Any engine driven vehicle of a type which utilizes at least two wheels and is designed for the purpose of off highway traffic, but does not include duly licensed four-wheel drive vehicles or duly licensed motorcycles or motorbikes.
APPEAL. A request for a review of the City Engineer’s interpretation of any provision of this code of ordinances or a request for a variance.
AREA OF SHALLOW FLOODING. A designated AO Zone on a community’s flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
ARSD. The Administrative Rules of South Dakota.
AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year.
ARTERIAL STREET. A street upon which through traffic is permitted.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BASIC CABLE SERVICE. The service tier, which includes the retransmission of local broadcast signals.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in milligrams per liter.
BUILDING. Any structure designed or intended for the support, enclosure, shelter or protection of persons or property.
BUILDING CODE. The Uniform Building Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction.
BUILDING DRAIN. The part of lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (one and one-half meters) outside the interface of the building wall.
BUILDING OFFICIAL. The City Health Officer, the Fire Chief, Building Inspector or any other city official authorized by the city jurisdiction with the enforcement of this code.
BUILDING SEWER. The extension from the building drain to the public sewer to other place of disposal, also called HOUSE CONNECTION.
BUSINESS BUILDING. Any structure, public or private, that is adapted for occupancy for:
(1) Transaction of business;
(2) Rendering of professional services;
(3) Amusement;
(4) The display, sale or storage of goods, wares or merchandise; or
(5) The performance of work or labor, including, but not limited in its application to:
(a) Hotels, rooming and apartment houses;
(b) Office buildings;
(c) Public buildings;
(d) Stores;
(e) Theaters;
(f) Markets;
(g) Restaurants;
(h) Grain elevators;
(i) Abattoirs;
(j) Warehouses;
(k) Work shops;
(l) Factories; and
(m) All out buildings, sheds, barns and other structures and premises used for business purposes.
BUSINESS DISTRICT. The territory contiguous to a street when 50% or more of the frontage thereon for a distance of 300 feet or more is occupied by buildings in use for business.
CABLE TELEVISION RECEPTION SERVICE. The delivery by the grantee to television receivers (or any other suitable type of electronic terminal or receiver) of the electronic signals and other communications services carried over the system.
CABLE TELEVISION SYSTEM or CABLE SYSTEM. A system utilizing certain electronic and other components that deliver various communications services to subscribing members of the public.
CITY. The City of Winner, Tripp County, South Dakota.
COMBINED SEWER. A sewer intended to receive both wastewater and storm or surface water.
COMMERCIAL AERONAUTICAL ACTIVITY. The use of any aircraft for hire, aerial photography, rental of space for aircraft storage, for crop spraying or dusting, flight training activity, aircraft charter and taxi, air ambulance service, aircraft engine and accessory maintenance, including sale of parts for engines and airframes and sale of accessories, aircraft rental and sales, and aircraft storage, gasoline and lubricant sales.
COUNCIL. The City Council of Winner, Tripp County, South Dakota.
CROSSWALK. That part of a street designated or set apart as a crosswalk from one side of a street to the other for the use of pedestrians.
CURB. The extreme edge or lateral boundary of a roadway whether marked by curbing or not so marked.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operation.
DRIVER. The rider, driver or leader of a horse, and the driver or operator of a vehicle.
EASEMENT. An acquired legal right for the specific use of land owned by others.
EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before June 21, 1988.
EXPANSION TO EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets).
FCC. Federal Communications Commission.
FLOATABLE OIL. Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land area from:
(1) The overflow of inland or tidal waters; or
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazards have been designated as Zone A.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the Federal Insurance Administration 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 Insurance Administration. The report contains flood profiles, as well as the flood hazard boundary-floodway map and the water surface elevation of the base flood.
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 one foot.
GARBAGE, SANITATION. All putrescible wastes, except sewage and body wastes, including vegetable wastes, animal offal and carcasses of dead animals, but excluding recognizable industrial by-products, and shall include all such substances from all public and private establishments and from all residences.
GARBAGE, SEWER. The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.
GENITAL PARTS. See SEXUAL.
GRANTEE. Midcontinent Cable Systems Company of South Dakota or anyone who succeeds Midcontinent Cable Systems Company of South Dakota.
HABITABLE FLOOR. Any floor unusable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a HABITABLE FLOOR.
HOUSING CODE. The Uniform Housing Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction.
INDUSTRIAL WASTES. The wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.
INSPECTOR. The Building and Zoning Inspector or agent who performs under any zoning or building ordinances of the city.
JUNK. Consists of any two or more junked motor vehicles as defined in this section, deteriorated, wrecked, dismantled or partially dismantled mobile homes, trailers, boats, machinery, refrigerators, washing machines and other appliances, furniture, building materials, plumbing fixtures, tires, plastic, wood, wastepaper, concrete rubble, green hides or other articles or things which from their worn condition are rendered useless for the purpose in which they were made.
JUNK DEALERS. Any person, firm or corporation engaged in business as a dealer or trader in junk, as defined in this section.
JUNK YARD. Any area, lot or location where two or more junked vehicles, deteriorated, wrecked, dismantled or partially dismantled mobile homes, trailers, boats, machinery, refrigerators, washing machines and other appliances, furniture, building materials, plumbing fixtures, tires, plastic, wood, wastepaper, concrete rubble, green hides or other articles are loaded or stored.
JUNKED MOTOR VEHICLE. Any motor vehicle which does not have lawfully affixed thereto both a valid state license plate or plates, or the condition of which is wrecked, dismantled, partially dismantled, inoperable or discarded.
LANDING AREA. The area of airport used for the landing, taking off or taxiing of aircraft.
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 city, within the city.
LIQUEFIED PETROLEUM GASES. Any material which is composed predominantly of any of the following hydrocarbons, or mixtures of the same: propane; propylene; butane (normal butane and isobutane); and butylenes.
MEAN SEA LEVEL. The average height of the sea for all stages of the tide.
MOBILE HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.
MOTOR VEHICLE. Any vehicle which is self-propelled and designed to travel on the ground and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts, campers and trailers.
NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater.
NEW CONSTRUCTION. A structure for which the start of construction commenced on or after June 21, 1988.
NEW MOBILE HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after June 21, 1988.
NONCONFORMING USE. Any structure, tree or use of land which does not conform to regulations prescribed in the zoning regulations or an amendment thereto, as of the effective date of such regulations.
OCCUPANT. The individual or partnership who, or the corporation that, has the use of or occupies any building, either residence or commercial, or a part of a portion thereof, whether the actual owner, tenant or sub-tenant. In the case of vacant buildings, residences or commercial, or any vacant portion of the building, the owner, agent or other person having custody of said building shall have the responsibility of an OCCUPANT of said building.
OWNER. The actual owner of the building, individual, partnership or corporation, the agent of the owner in charge of said building, the person to whom any rental upon said building is paid. In the case of building leased under agreement whereby the lessee is responsible for maintenance and repairs, the lessee will in such cases also be considered as the OWNER for the purpose of this code of ordinances.
PAWNBROKER.
(1) Any person who:
(a) Engages in the business of lending money on the deposit or pledge of personal property, other than choses in action, securities or evidence of indebtedness; or
(b) Purchases personal property with an expressed or implied agreement or understanding to sell it back at a stipulated price.
(2) Any PAWNBROKER may effect the purchase of secondhand personal property for resale purposes under the terms of this code of ordinances by acquiring any pawn ticket of his or her own issued by transfer.
PERMIT. A permit issued under the authority of the city to carry on any or all of the commercial aeronautical activities.
pH. The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, “7” has a pH value of 7 and a hydrogen-ion concentration of 10.
PREMISES. A lot or parcel of land, improved or unimproved, parking areas thereon, walkways and sidewalks.
PRIVATE PROPERTY. Any real property within the city that is privately owned and is not public property as defined in this section.
PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.
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 vehicle travel and shall also mean any other publicly owned property or facility.
PUBLIC SEWER. A common sewer controlled by a governmental agency or public utility.
REFUSE. Includes all non-putrescible wastes.
REMOVAL AGENCY. The police department of the city or any public body, private or non-profit organization which shall be authorized by the city to remove and salvage abandoned, wrecked, dismantled, inoperative, junked or partially dismantled motor vehicles.
RESIDENCE BUILDING. Any structure which is used for the housing and living quarters for not more than one family.
RESIDENCE DISTRICT. The territory contiguous to a street not comprising a business district, when the frontage thereon for a distance of 300 or more feet is more than 50% occupied by dwellings.
RIGHT-OF-WAY. The privilege of the immediate use of the street.
ROADWAY. The portion of a highway, improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder.
SANITARY SEWER. A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm and surface waters that are not admitted intentionally.
SECONDHAND GOODS DEALER.
(1) Any person, other than a pawnbroker or dealer in precious metals and precious gems, who purchases, collects, trades, sells or deals in the following secondhand goods:
(a) Business machines;
(b) Tape recorders and tapes;
(c) All radio transmitters and receivers;
(d) Musical instruments;
(e) Cameras and camera accessories;
(f) Power tools;
(g) Sporting goods;
(h) Stereos, stereo equipment and records;
(i) Tools and tool boxes;
(j) Television sets;
(k) Weapons;
(l) Bicycles;
(m) Radios;
(n) Microwave ovens; and
(o) Jewelry.
(2) This definition shall exempt the following transactions:
(a) Any person selling new, unused articles, and any receiving or taking in used articles or trade from the purchasers of the new articles against the purchase price of said new articles which are sold for their market values;
(b) Any person collecting antique items for personal use only;
(c) Casual and occasional sales of used household goods by the owner thereof to the public, on a non-receiving basis, if the seller, at time of sale, is not engaged for profit in the business of selling goods of that or a similar nature; this category includes those sales commonly referred to as “garage sales”;
(d) Any person dealing exclusively in the resale of used automobiles;
(e) Any person that operates a junk yard for wrecked automobiles;
(f) Transactions involving goods sold on consignment; and
(g) Transactions in secondhand goods at stores or events sponsored by non-profit corporations or associations or fraternal or religious organizations.
SEWAGE. The spent water of a community. The preferred term is WASTEWATER.
SEWER. A pipe or conduit that carries wastewater or drainage water.
SEXUAL. The genitals, pubic area, anus or perineum of any person, or the vulva of a female.
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.
SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
SNOWMOBILE. Any engine driven vehicle of a type which utilizes sled type runners, wheels, or skis with an endless belt tread or similar means of contact with the surface upon which it is operated.
START OF CONSTRUCTION. The first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. PERMANENT CONSTRUCTION does not include land preparation, such as clearing, grading and filling; nor does it include excavation for a 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 as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the START OF CONSTRUCTION includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home parks or mobile home subdivisions, START OF CONSTRUCTION is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.
STORM DRAIN or STORM SEWER. A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
STREET. Any highway, avenue, boulevard, alley or other road, square or public place open to public travel by vehicles, motor or otherwise.
STREET INTERSECTION. The part of the street where a street joins another at an angle, whether it crossed the other street or not, and shall include the full width of the street between curb lines, extended, of the intersecting streets.
STRUCTURE. Any objects constructed or installed by humans, including, but without limitation, buildings, towers, smoke stacks and overhead transmission lines and radio antenna.
SUBSCRIBERS. Those persons contracting to receive cable television reception services.
SUBSTANTIAL IMPROVEMENT.
(1) Any repair, construction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure:
(a) Before the improvement or repair is started; or
(b) If the structure has been damaged and is being restored, before the damage occurred.
(2) For the purposes of this definition SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not the alteration affects the external dimensions, or the structure. The term does not, however, include:
(a) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
(b) Any alteration of a structure listed on the National Register of Historic Places.
SUPERINTENDENT. The Superintendent of wastewater facilities and/or of wastewater treatment works and/or of water pollution control of the city or his or her authorized deputy, agent or representative.
SUSPENDED SOLIDS. Total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater and referred to as non-filterable residue.
TREE. Any object of natural growth.
UNPOLLUTED WATER. Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
UTILITY SUPERVISOR. The duly appointed supervisor, or sanitary officer, or his or her duly authorized representative.
VARIANCE. A grant of relief to a person from the requirements of this code of ordinances that permits construction in a manner otherwise prohibited by this code of ordinances where specific enforcement would result in unnecessary hardship.
VEHICLE OPERATOR. Every person who operates or who is in actual physical control of a motorized vehicle.
VEHICLE OWNER. Any person, other than a lien holder, having the property in or title to a motorized vehicle and entitled to the use and possession thereof.
WASTEWATER. The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and stormwater that may be present.
WASTEWATER FACILITIES. The structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
WASTEWATER TREATMENT WORKS. An arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with WASTE TREATMENT PLANT or WASTEWATER TREATMENT PLANT or WATER POLLUTION CONTROL PLANT.
WATER. From the city water supply system.
WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
(Prior Code, § 1.02.01) (Ord. 731, passed - -; Ord. 747, passed - -)