§ 1-2. Definitions.

In all provisions of this Code, the following terms shall be construed as set forth below unless otherwise specifically stated.

Abandoned motor vehicle means a motor vehicle that has remained for a period of more than 48 hours on public property illegally or lacking vital component parts or has remained for a period of more than 48 hours on private property without the consent of the person in control of such property or in an inoperable condition such that it has no substantial use consistent with its usual functions unless it is kept lawfully in an enclosed garage or storage building. The term "abandoned motor vehicle" also means a motor vehicle voluntarily surrendered by its owner to the city or to a person duly licensed under Minn. Stat., § 168B.10. A classic car or pioneer car as defined in Minn. Stat., § 168.10 shall not be considered an abandoned motor vehicle within the meaning of this Code.

Abatement means actions the city may take to correct or remove a violation of the City Code including, but not limited to, towing and impounding of motor vehicles or recreational vehicles which are inoperable, unlicensed, or parked in violation of the City Code, and removal of other public nuisances such as refuse, construction or landscaping materials, debris, waste and/or any other exterior storage which are in violation of the City Code.

Administrative authority means the city council, building official or city manager whenever that term is used in the Minnesota State Building Code and the appendices adopted by reference in this Code.

Air circulation device means a mechanism designed and used for the controlled flow of air used in ventilation, cooling, or conditioning, including, but not limited to, central and window air conditioning units.

Alcoholic beverage means any beverage containing more than one-half of one percent of alcohol by volume.

Animal includes dogs, cats, domestic animals and wild animals, both male and female.

Animal warden means the animal patrol or animal warden employed by the city to enforce the provisions of this Code dealing with animals.

Applicant means any person making written application to the city for a license or permit.

At large means any animal off the premises of the owner, and not under the control of the owner or member of his immediate family either by a leash, cord, chain or otherwise.

B.O.D. (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Centigrade, expressed in parts per million by weight.

Beverage means all alcoholic and nonalcoholic beverages.

Bicycle means any device capable of being propelled by human power upon which any person may ride, having two tandem wheels and any device generally recognized as a bicycle though equipped with two front or two rear wheels, or a unicycle. The term "bicycle" includes an electric-assisted bicycle as defined in Minn. Stat. §169.011, subd. 27.

Boat means boat, canoe, speedboat, hydroplane, float, raft or watercraft.

Building drain means that part of the 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 outside the inner face of the building wall.

Building sewer means the extension from the building drain to the public sewer or other place of disposal.

Bulky materials are materials which, because of their size and/or weight are not commonly stored or placed in waste containers and include, but are not limited to appliances, furniture, sod, building materials, light hedge clippings and tree branches when such clippings or branches are not more than four feet in length and are tied in bundles not more than 24 inches in diameter and of not more than 50 pounds in weight.

Car wash establishment means premises used primarily for the washing of automobiles. It shall not include garages and filling stations where the washing of automobiles is only incidental to the business, nor premises used for short and intermittent periods of time.

Carryout collection service means the collection of recyclable materials accumulated in recycling containers from a location at a dwelling unit other than the location designated by the recycling authority for regular collection.

Cat means both male and female cats.

Cat shelter means any place where four or more cats over six months of age are kept or offered for sale.

Christmas tree means any natural tree which has been cut down, set up, used, installed or maintained within any building, structure or tent for decorative or commemorative purposes.

Christmas tree sales lot means a yard, lot or place, covered or uncovered, outdoors or in an enclosed building upon which occurs one or more acts of selling or offering for sale any Christmas tree, for a business or commercial purpose, whether or not the proceeds from such act or acts are to be used for charity.

Circus or carnival means any form of entertainment accompanied by side shows, rides, games and refreshments, operated as a commercial enterprise, and which is intended to operate at a specific location for a limited period of time.

City means the City of New Hope.

City attorney means the attorney appointed by the city manager and approved by the city council per Minn. Stat. § 412.651, subd. 3.

Code means the Code or Ordinances of the City of New Hope or New Hope City Code.

Collector means a person licensed by the city to collect, transport and dispose of garbage and refuse. The term shall include the collector's duly authorized and acting employees and agents.

Combined sewer means a sewer receiving both surface runoff and sewage.

Commercial refers to use classifications defined as CB and LB under the provisions of chapter 4 of this Code.

Commercial applicator means a person who is engaged in the business of applying fertilizer for hire.

Commissioner means the head of the appropriate department of the executive branch of the State of Minnesota. In this Code, commissioner usually means the commissioner of public safety, but means the heads of other departments as appropriate.

Compost sites mean locations on residential property for the controlled biological decomposition of yard refuse, fruit or vegetable waste, egg shells or coffee grounds in a manner resulting in an innocuous final product.

Council means the City Council of the City of New Hope.

County means the County of Hennepin.

Courtesy bench means a bench meant for the convenience of the public waiting to board regularly scheduled public transportation at a location deemed appropriate per the provisions of section 6-16 of this Code.

Dangerous building means any building or structure which has any or all of the following defects:

(1)

Interior walls. Interior walls or other vertical structural members that list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle one-third of its base.

(2)

Loads. Improperly distributed loads upon the floors or roofs, or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.

(3)

Damaged. Fire, wind, or other damage to such an extent as to be dangerous to the life, safety, or the general health and welfare of the occupants or of the public.

(4)

Diseased or unsafe. Dilapidated, decayed, unsafe, vermin infested, or unsanitary buildings which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease so as to work injury to the health, safety and general welfare of the occupants or of the public.

(5)

Light and air. Light, air and sanitation facilities which are inadequate to protect the health, safety, or general welfare of the occupants, or of the public.

(6)

Egress. Inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication.

(7)

Attached parts. Parts which are so attached that they may fall and injure members of the public or property.

(8)

Location or condition. The condition or location makes the building unsafe, unsanitary or dangerous to the health, safety or general welfare of the occupants or of the public.

Dangerous excavation means any excavation or basement on private property which is not filled to grade or otherwise protected after a building is destroyed, demolished or removed, or an excavation for building, whether or not completed, which is left open for more than six months without proceeding with the erection of a building thereon.

Department of building safety , as used in the Minnesota State Building Code (MSBC) and its appendices adopted by reference in this Code, means the inspection division of the Community Development Department of the city.

Diffused surface waters means those waters diffused over the surface of the ground as a result of falling rains or melting snows, not having defined banks or continually flowing, retaining that character until reaching some well defined channel. Also, surface waters.

Director , in section 6-13 of this Code, means a person immediately in charge of any park area and its activities, and to whom all park attendants of such area are responsible.

Director of police means the administrative authority of the police department, also known as the chief of police.

Disposable waste containers means containers made of lightweight material including plastic bags or cardboard boxes, intended by a person, when left for pickup, to be disposed of along with any refuse, garbage, rubbish or yard clippings contained therein.

Diverted percolating waters means percolating waters or diffused surface waters which have collected in such a manner in, around or under a basement or around or under structure foundations or basement walls so as to cause the owner or occupant to pump the waters onto the surface of the ground and away from the structure as a means of improving habitation of the structure.

Dog means an animal of the canine family, both male and female.

Drawdown means the change in surface elevation of a body of water as the result of the withdrawal of water therefrom.

Dry cleaning or self-service dry cleaning means the cleaning of textiles, fabrics, garments, or other articles as a business or commercial enterprise or in connection with a business or commercial enterprise by the use of any solvent other than water, which is not flammable at ordinary operating temperatures, in a dry cleaning unit designed primarily to accommodate individual or family-sized cleaning loads and of, or similar to, the type designed for self-service use by the insertion of coins, whether the unit is operated by the public on a self-service basis or by an attendant or otherwise.

Dry cleaning machine or dry cleaning equipment means a machine or equipment in which or with which self-service dry cleaning is done.

Dwelling unit means a separate dwelling place with a kitchen.

Engineer means the city engineer appointed by the city manager, or the engineer's duly authorized agent.

Essential services means underground or overhead gas, electrical, steam, or water transmission or distribution systems, and collection, communication, supply or disposal systems by public utilities or municipal or other governmental agencies.

Excavation work means the excavation and other work permitted under an excavation permit and required to be performed under this Code.

Existing construction means any existing building or structure used or occupied as such on or before April 21, 1960.

Fertilizer means a substance containing one or more recognized plant nutrients that is used for its plant nutrient content and designed for use or claimed to have value in promoting plant growth. The term "fertilizer" does not include animal or vegetable manures that are not manipulated, marl, lime, limestone, and other products exempted by rule by the Minnesota Commissioner of Agricultural.

Firearm means any lethal barreled weapon of any description from which a projectile or other missile can be discharged by the action of an explosive or compressed gas, or the igniting of flammable or explosive substances; excluding, however, any pneumatic gun, power-activated tool, spring gun, or B-B gun which expels a single globular projectile not exceeding .18 inch in diameter.

Garbage means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, and from the handling, storage and sale of produce, but does not include recyclable materials.

Garbage and refuse collection means the taking up and collecting of all garbage and refuse accumulated at all dwelling residences and places of business and other institutions in the city and the transportation of such garbage and refuse to a sanitary landfill or other place of disposal approved by the city and provided by the collector at the sole expense of the collector.

Glacial drift means an assemblage of deposits left by the melting of an ice sheet or glacier. It is composed of an accumulation of unstratified material of all sizes which formed at the margin of the ice.

Go-karts and mini-bikes means every self-propelled device or vehicle in, upon or by which any person is or may be transported or drawn upon a highway or natural terrain or designed to travel on wheels in contact with the ground, except automobiles, trucks, snowmobiles and devices or vehicles moved by human power.

Handgun means any firearm designed to be fired from the hand.

Health authority means the representative(s) duly appointed and designated by the city manager, to promote and preserve the health and welfare of the citizens of the city.

Industrial refers to use classifications defined as industrial or I under the provisions of chapter 4 of this Code.

Industrial wastes mean the liquid wastes from industrial processes as distinct from sanitary sewage.

Kennel means any place where four or more dogs over six months of age are kept or offered for sale.

L10 means the sound level, expressed in decibels (dBA) which is exceeded ten percent of the time for a one-hour period, as specified in the current standards, S1.4, of the American National Standards Institute, which are hereby adopted by reference, and using test procedures approved by the noise control officer.

L50 means the sound level similarly expressed and measured as L10 above which is exceeded 50 percent of the time for a one-hour period.

Laundering or self-service laundering means the washing of textiles, fabrics, garments, or other articles, as a business or commercial enterprise or in connection with a business or commercial enterprise by the use of water in a washing machine designed primarily to accommodate individual or family-sized cleaning loads and of, or similar to, the type designed for self-service use by the insertion of coins whether the unit is operated by the public on a self-service basis or by an attendant or otherwise.

Limited storm sewer means an underground city-owned structure connecting a parcel of land to the public storm sewer, basement or natural water course for the primary purpose of transporting diverted percolating waters, of a design specific to the anticipated quantities and concentrations of diverted percolating waters.

Litter means garbage, refuse and rubbish and all other waste material which, if thrown or deposited as prohibited in this Code, tends to create a nuisance or danger to public health, safety and welfare.

Log means a chronological record of the soil and rock formations encountered in the operation of drilling a well, with either their thickness, or the elevation of the top and bottom of each formation given. It also includes statements as to the composition and water-bearing characteristics of each formation.

Long gun means a rifle, shotgun or similar gun not designed to be fired from the hand.

Major thoroughfare means any arterial highway as that term is defined in chapter 4 of this Code.

MSBC means the Minnesota state building code including all International Code Council codes or any other codes, rules or regulations adopted by the MSBC, including but not limited to, the International Building Code (IBC) and International Residential Code (IRC), 2012 editions or as hereafter amended.

MSFC means the Minnesota state fire code including all International Code Council codes or any other codes, rules or regulations adopted by the MSBC, including but not limited to, the International Fire Code (IFC), 2012 edition or as hereafter amended.

Minor building , as used in chapter 3 of this Code, means accessory buildings, including, but not limited to, private garages, sheds or construction shacks as determined by the building official.

Motor vehicle means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires. The term "motor vehicle" does not include an electric personal assistive mobility device or a vehicle moved solely by human power.

Multiple-family refers to use classifications defined as R-3 or R-4 under the provisions of chapter 4 of this Code.

Municipality. Whenever the words municipality or authority having jurisdiction are used it shall be held to mean the city, unless otherwise specified.

Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

Natural watercourse means a natural stream flowing in a defined bed or channel; one formed by the natural flow of the water, as determined by the general superficies of conformation of the surrounding country, as distinguished from an artificial water course, formed by the work of man, such as a ditch, drainage swale or storm sewer structure.

New construction means any building or structure constructed under a building permit issued after April 21, 1960.

Noncommercial applicator means a person who applies fertilizer during the course of employment, but who is not a commercial lawn fertilizer applicator.

Nonreturnable or disposable beverage container means any container which is or has at one time been sealed, the title to which the seller intends to pass with the sale of the contents and which is not suitable or is not intended for reuse.

Normal sewage means water-carried waste products from residences, public buildings, business or industrial establishments, schools, or any other buildings or structures, including the excrement or other discharge from human beings or animals, together with such ground water infiltration as may be present.

Officials mean the mayor, councilmember, city manager, city clerk/treasurer, city engineer, city attorney and building official of the city. Any references to public officials, unless otherwise specifically indicated, mean the appropriate official of the city.

Operate means to conduct, to manage, supervise, to maintain, to keep, and in the context of a snowmobile, go-kart or mini-bike, means to ride in or on and control the operation of the vehicle.

Operator means every person who operates or is in actual physical control of a snowmobile, go-kart or mini-bike.

Owner means property owner or occupant, or any person owning, keeping or harboring a dog or other animal.

Parent or guardian means parent, guardian or other person having the care and custody of a minor.

Park means any open or enclosed space, area or facility wherever located which is owned, operated or controlled by the city or located within the city but owned, operated or controlled by any other political or governmental subdivision which space is reserved, designated or used for or as a playground, picnic area, school ground, beach, park, arena, concession, playing field or court, structure or building and devoted, designated or intended for active or passive recreation including all parking lots, paths or roadways appurtenant to or used therewith.

Park waters means lakes, streams, canals, channels or beaches therein which are owned, dedicated, leased or otherwise acquired by the city or under the control of the city.

Pedestrian means any person afoot or in a wheelchair.

Percolating waters means those waters which pass through the ground, beneath the surface of the earth without any definite channel, and do not form a part of the body or flow, surface or subterranean of any watercourse such as a perched water table. The term "percolating waters" also means waters which ooze, seep, or filter through the ground, under the surface, without a definite channel, or in a course not discoverable from the surface without excavation for that purpose.

Permanent waste containers means a container of galvanized iron, plastic or non corrodible material with a close-fitting cover, rodent and fly-proof, nonabsorbent, and leak-proof, of the type commonly sold as a garbage can, of suitable gauge and construction to insure durability and with suitable handles on can and lid and of a capacity not less than ten gallons nor more than 30 gallons, but does not include recycling containers.

Permittee means any person who has been granted and has in full force and effect an appropriate permit issued under this Code.

Person means any natural individual, firm, association, company, club, organization, partnership, including partners or members of a partnership, corporation, including officers, agents or employees who are responsible for the acts of a corporation, business, trustee, estate, institution, agency, or any federal, state or local government agency or instrumentality or other entity recognized by law as the subject of rights and duties and shall further include employees, licensees, tenants, managers and operators of equipment, and the owner, occupant, or person in charge of any property in the city.

Pesticide means a substance or mixture of substances intended to prevent, destroy, repel, or mitigate a pest, and a substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.

Ph means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

Plumbing fixture means and includes any sink, laundry tub, bath tub, wash basin, drinking fountain, floor drain or any other plumbing device arranged to be connected with the sewer or plumbing system, either directly or indirectly, and required by this Code to be trapped.

Porosity means an index of the void characteristics of a soil as it pertains to percolation.

Possession means to have on or about one's person, or the area within one's immediate control, that is, for example, the area and from within which one might gain control of a firearm. The term "possession" shall not apply to keeping, carrying or having in custody a handgun:

(1)

At or in the single-family residence of the person together with the land upon which it is situated; or

(2)

If the person's dwelling place be other than a single-family residence then, at or in that unit to which that person has a right to possession, but not the common hallways, the land upon which the building is situated, or other common areas shared with other occupants of the building;

(3)

In the trunk of a motor vehicle, when such vehicle is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers if the motor vehicle is not equipped with a trunk. A utility compartment, glove compartment or area under a seat shall be deemed to be within the area occupied by the driver and passengers.

Private swimming pool means any structure intended for swimming, wading or recreational bathing or immersion that contains water over 24 inches deep and is used or intended to be used solely by the owner, lessee, or tenant thereof and his family and by friends invited to use it without payment of any fee. The term "private swimming pool" includes in-ground, above ground and on ground swimming pools, hot tubs, whirlpools and spas.

Properly shredded garbage means the wastes from the preparation, cooking, and dispensing of food that has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than ½ inch in any dimension.

Public ground means public street, avenue, alley, park, playground or other public ground, public place and public building, places of amusement and entertainment, vacant lots or unsupervised places, in the city.

Public receptacle means a container for the deposit of waste and litter furnished, placed and maintained for use by the public.

Public sewer means a sewer in which all owners of abutting properties have equal rights or is controlled by public authority, or both.

Published notice means notice published in the official newspaper of the city which is designated by council resolution.

Recyclable materials means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, metals, plastics, automobile oil, and batteries. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material.

Recycling means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use.

Recycling authority means the administrator of the Hennepin Recycling Group.

Recycling container means a receptacle designated by the recycling authority for the accumulation and collection of recyclable materials at a dwelling unit.

Recycling services means recycling collection services, carryout collection services, and any other services provided to a dwelling unit in accordance with this Code.

Refuse means all putrescible and nonputrescible solid wastes (except human body wastes) including but not limited to rubbish, Christmas trees, and ashes which normally result from the operation of a household fireplace and also including anything when placed in waste containers, one average person can lift easily. Sod, dirt, rocks, cement, other trees and construction material are not considered collectable refuse under the terms of this Code if their weight, when placed in waste containers, is heavier than one average person can lift easily. The term "refuse" does not include recyclable materials.

Residential refers to use classification defined as R-1, R-2, R-3, R-4, R-5, R-O or R-B under the provisions of chapter 4 of this Code.

Roadway means that portion of a street or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.

Rubbish means nonputrescible solid wastes (excluding ashes), consisting of both combustible and noncombustible wastes such as paper, cardboard, tin cans, wood, glass, bedding, crockery and similar materials.

Sale means a commercial transaction by any person, firm, individual, corporation, partnership, vendor, or owner or operator of a vending machine whereby items, including beverages, are exchanged for any consideration.

Sanitary sewer means a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.

Self service merchandising means open display of any products including tobacco products where the public has access without the intervention of an employee.

Senior housing means a use classifications defined as R-5 under the provisions of chapter 4 of this Code.

Sewer means a pipe or conduit for carrying sewage.

Sewage means a combination of the water carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface and stormwaters as may be present.

Sewage treatment plant means any arrangement of devices and structures used for treating sewage.

Sewage works means all facilities for collecting, pumping, treating and disposing of sewage.

Shade tree means any oak (quercus), elm (ulmus) or ash (fraxinus) tree situated in the city.

Shade tree disease means Dutch elm disease caused by Ceratocystis ulmi, or oak will disease caused by Ceratocystic fagacearum or an ash tree infested with Emerald Ash Borer (Agrilus planipennis), sometimes referred to in this Code as epidemic diseases.

Sidewalk means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians.

Single axle means all wheels whose centers may be included within two parallel traverse vertical planes 40 inches apart.

Snowmobile means a self-propelled vehicle designed for travel on snow or ice or on natural terrain steered by wheels, skis or runners.

Special zoning procedures refers to the following applications of the zoning code: Conditional use permits, variances, zoning code text changes, and appeals on zoning questions.

State means the State of Minnesota.

Street or highway means the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular traffic, including any street, alley, avenue, court, bridge, land, or public place in the city, and includes the improved surface of the street, gravel, bituminous or concrete, and the curb and gutter, whether dedicated or established by user.

Storm sewer or storm drain means an artificial structure which carries storm and surface waters and drainage but excludes sewage and polluted industrial wastes.

Subterranean waters means waters which lie wholly beneath the surface of the ground, and which either ooze and seep through the subsurface strata without pursuing any defined course or channel, (percolating waters) or flow in a permanent and regular but invisible course, or lie under the earth in a more or less immovable body, as a subterranean lake, or perched water table.

Surface waters means those waters diffused over the surface of the ground as a result of falling rains or melting snows, not having defined banks or continually flowing, retaining that character until reaching some well defined channel.

Suspended solids means solids that either float on the surface of or are in suspension in water, sewage, or other liquids; and which are removable by laboratory filtering.

Time means official city time.

Tobacco product means any product containing, made or derived from tobacco that is intended for human consumption whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means or any component, part or accessory of a tobacco product, including, but not limited to, cigarettes, cigars, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flower, cavandish, plug and twist tobacco, fine cut and other chewing tobaccos, shorts, refuse scrips, clippings, cuttings and sweepings of tobacco and other kinds or forms of tobacco.

Tree inspector means a person who has the necessary qualifications to properly plan, direct and supervise all requirements for controlling shade tree disease in one or more governmental subdivisions within the limits of all laws, rules, and regulations governing this control, and who is so certified by the commission of agriculture.

Turbidity means a condition of a liquid due to a fine visible material in suspension, which may not be of sufficient size to be seen as individual particles by the naked eye but which prevents or hinders the passage of light through the liquid.

Unreasonable acceleration of a motor vehicle means acceleration which unnecessarily breaks traction between a tire or tires and the driving surface, thereby causing a prolonged squealing, screeching, or howling sound by the tires, or the unnecessary throwing of sand, gravel, snow or slush by the tire or tires of said vehicle or both. Prima facie evidence of such unreasonable acceleration is squealing, screeching, or howling sounds by the tire or tires or the unnecessary throwing of sand, gravel, snow or slush by the tire or tires or both.

Vehicle means every device or combination of devices in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks, including but not limited to those powered by motor, animal, or human and including but not limited to any trailer of any size, kind, or description, house trailers, and snowmobiles, but specifically not including baby carriages and vehicles in the service of the city parks.

Vital component parts means those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle including but not limited to the motor, drive train and wheels.

Washing machine or laundering equipment means a machine or equipment in which or with which self-service laundering is done.

Waste means garbage, refuse, or rubbish but shall not include reusable or recyclable industrial waste products, or other recyclable materials.

Waste containers optional , for other than single-family use, shall meet the sanitation standards described in the definitions for disposable waste containers and permanent waste containers, and the construction standards for institutional, commercial and industrial waste containers in chapter 9 of this Code.

Watercourse means a channel in which a flow of water occurs, either continuously or intermittently.

Whirlpool or hot tub means any pool, tank, vessel or other structure which shall cause retaining of water over a depth greater than 18 inches in which an agitating device propels a current of generally warm water with a swirling motion which shall be designed or used for relaxation, hydrotherapy, or immersion purposes by men, women or children, used or intended to be used solely by the property owner, or tenant thereof, and his family and friends.

Wild animals means any animals or reptiles which, when in their uncaptured wild state, have the physical capacity to be dangerous to the safety and welfare of any person. Examples of such wild animals (but not limited to these examples) would be bear, mountain lion, wolf, cougar, rattlesnake, and panther. Reducing such wild animals to captivity, whether trained or otherwise domesticated in any manner, shall not remove such animal from the requirements and regulations herein.

Yard refuse means compostable material such as grass clippings, leaves, weeds and other forms of organic material, but does not include brush or tree branches.

Yield means the quantity of water flow (gallons per minute or per hour) which can be collected (pumped) from the well.

(Code 010166; Code 072684; Code 072685; Ord. No. 73-2; Ord. No. 73-4; Ord. No. 73-21; Ord. No. 89-10; Ord. No. 91-11; Ord. No. 93-03; Ord. No. 96-11; Ord. No. 97-17; Ord. No. 99-1; Ord. No. 03-09, § 25, 5-27-2003; Ord. No. 07-04, § 1, 8-27-2007; Ord. No. 08-02, § 2, 3-24-2008; Ord. No. 09-18, § 2, 11-23-2009; Ord. No. 14-01, § 1, 1-27-2014; Ord. No. 16-06, § 2, 6-27-2016; Ord. No. 18-25, § 1, 12-10-2018)