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CHAPTER 1 Terms that
are not defined shall have their ordinary accepted meanings within the context
with which they are used. Webster's
Third New International Dictionary of the English Language, Unabridged, ©1981,
shall be construed as providing ordinary accepted meanings. For purposes of this Ordinance, certain terms are
defined as follows: Words
used in the present tense include the future, words in the singular number
include the plural number, and words in the plural number include the singular
number. Words used in the masculine
gender include the feminine and the feminine the masculine. The word “shall” is mandatory and not directory.
The word “may” is permissive. The
word “persons” includes any person, firm, partnership, association,
corporation, company, organization of any kind, or any other legally recognized
entity 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 forty-eight (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 aero plane, 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 (2) wheels and is designed for the purpose of off
highway traffic, but does not include duly licenses 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 Ordinance or a request for a variance.
"Area of shallow flooding" means 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.
Area
of special flood hazard
- The land in the floodplain within a
community subject to a one (1) percent or greater chance of flooding in any
given year.
Arterial
Street - A street upon which through traffic
is permitted.
Basic
Cable Service - The service tier, which includes the
retransmission of local broadcast signals.
Base
flood
- The flood having a one percent chance of being equaled or exceeded in any
given year.
Biochemical
Oxygen Demand (BOD) - The quantity of oxygen
utilized in the biochemical oxidation of organic matter under standard
laboratory procedure in five (5) days at twenty (20) degrees Centigrade,
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
- That 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 (5) feet (1.5
meters) outside the inter face of the building wall.
Building
Official - The City health officer, the fire
chief, building inspector, or any other City official authorized by the City of
Winner 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: A.
Transaction of business; B.
Rendering of professional services; C.
Amusement; D.
The display, sale, or storage of goods, wares, or merchandise; or E.
The performance of work or labor, including but not limited in its
application to: 1. Hotels, rooming, and apartment houses 2.
Office buildings; 3.
Public buildings; 4.
Stores; 5.
Theaters; 6.
Markets; 7.
Restaurants; 8.
Grain elevators; 9.
Abattoirs; 10.
Warehouses; 11.
Work shops; 12.
Factories; and 13.
All out buildings, sheds, barns, and other structures and premises used
for business purposes.
Business
District - The territory contiguous to a street
when fifty (50) percent or more of the frontage thereon for a distance of three
hundred (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.
Cross
Walk
- That part of a street designated or set apart as a cross walk 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.
Dangerous
Building - Any building or structure deemed to
be dangerous under the provisions of Section 13.4.09 of this Ordinance.
Development
- Any man-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 (2) 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: A.
The overflow of inland or tidal waters; or B.
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
- Mid-continent Cable Systems Company of South Dakota or anyone who succeeds Mid-continent
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
Dealers
- Any person, firm or corporation engaged in business as a dealer or trader in
junk, old metals, rags, waste paper, green hides, old automobiles or other
articles or things which from their worn condition are rendered useless for the
purpose for which made.
Junked
Motor Vehicle - Any motor vehicle as defined above
which does not have lawfully affixed thereto both an un expired license plate or
plates or the condition of which is wrecked, dismantled, partially dismantled,
inoperative, 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 of South Dakota or the City of Winner, 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 isobutene), 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 build 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 this Ordinance or an
amendment thereto, as of the effective date of such regulations.
Occupant
- Shall mean 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 Ordinance.
Pawnbroker
- Any person who: A.
Engages in the business of lending money on the deposit or pledge of
personal property, other than chose 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. Any
pawnbroker may effect the purchase of secondhand personal property for resale
purposes under the terms of this Ordinance by acquiring any pawn ticket of his
own issued by transfer.
Permit
- A permit issued under the authority of the City of Winner to carry on any or
all of the above "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 Ordinance.
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 (½)
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 (1) family.
Residence
District - The territory contiguous to a street
not comprising a business district, when the frontage thereon for a distance of
three hundred (300) or more feet is more than fifty (50) percent occupied by
dwellings.
Right-of-Way
- The privilege of the immediate use of the street.
Roadway
- That 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 - Any person, other than a pawnbroker
or dealer, in precious metals and previous 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. 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 with 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
nonprofit corporations or associations or fraternal or religious organizations.
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