Section 10-2-1 Definitions
In this article, unless the context otherwise requires:
A. “Aircraft” means any contrivance now known or hereafter invented, used or designed for navigation or for flight in the air, and includes, but is not limited to, helicopters and lighter-than-air dirigibles and balloons.
B. “Animal” means any and all types of animals, both domestic and wild, male and female, singular and plural.
C. “Authorized private receptacle” means a litter storage and collection receptacle as required and authorized in this article.
D. “Commercial Handbill” means any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed, or otherwise reproduced original or copies of any matter or literature:
1. Which is not defined as in this chapter as either a newspaper or a noncommercial handbill; and
2. Which advertises for sale any merchandise, product, commodity, or thing; or
3. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interests thereof by sales; or
4. Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when in either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order. Nothing contained in this clause shall be derived to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind without a license, where such license is or may be required by any law of this state, or under any ordinance of this Town; or
5. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
E. “Developed property” means occupied real property, which has been altered from its natural state by the creation or addition of any buildings, structures, pavement, or other improvements.
F. “Fowl” means any and all fowl, domesticated and wild, male and female, singular and plural.
G. “Garbage” means putrescible animal and vegetable wastes, resulting from the handling, preparation, cooking and consumption of food.
H. “Landscaped area” means an exterior improvement or change of land through replacement of native vegetation or addition of artificial topping material including, but not limited to, landscape gravel, stones, or boulders, or a combination of new vegetation and artificial topping material.
I. “Litter” means garbage, refuse and rubbish and all other waste material which, if thrown or deposited in a manner prohibited by this article, tends to create a danger to public health, safety and welfare, and includes, but not by way of limitation, paper and metal, such as containers or cans.
J. “Major repair” means the removal from any vehicle of a major portion thereof, including, but not limited to, the differential, transmission, head, engine block or oil pan.
K. “Native vegetation” means naturally occurring plant growth of indigenous origin.
L. “Natural desert” means unimproved land with primarily undisturbed native vegetation. Vacant lots are generally considered natural desert, even where previously graded or disturbed.
M. “Newspaper” means a publication regularly issued for dissemination of current news, matters of general interest and local happenings at stated short intervals of time whether such publication is distributed by paid subscription or for free. Such publication shall be from a known office of publication and shall bear the dates of issue and shall be numbered consecutively.
N. “Noncommercial handbill” means any printed or written matter, any sample or device, circular, leaflet, pamphlet, magazine paper booklet, or any other printed or otherwise reproduced original or copies of any matter or literature not included in the definitions of a commercial handbill or a newspaper.
O. “Park” means a park, reservation, playground, recreation center or any other public area in the Town, owned or used by the Town and devoted to public recreation.
P. “Private premises” means any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes but is not limited to any yard, grounds, walk, driveway, porch, steps, vestibule or mail box belonging or appurtenant to such dwelling, house, building or other structure.
Q. “Public place” means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
R. “Refuse” means all putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned, wrecked or junked vehicles or parts thereof and solid market and industrial wastes.
S. “Rubbish” means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, metal cans, yard clippings, leaves, metal, wood, glass, bedding, crockery and similar materials.
T. “Streets or road” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, and includes the whole right-of-way of the public entity maintaining said way, whether such right-of-way is paved or not.
U. “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks, except for a device propelled solely by human power.
V. “Weed” means any native vegetation growing in excess of six inches within a landscaped area in an uncontrolled manner that may reasonably be determined to be detrimental or destructive and difficult to control or eradicate and may spread to adjacent property. Interpretation is the same regardless of whether an owner or occupant regards the vegetation as desirable. (20-20, Amended, 09/15/2020; 98-01, Amended, 01/15/1998)