The words and phrases listed below when used in this Chapter shall have the following meanings:

(a)   Abandoned or Inoperable Vehicle - shall mean:

(1)   A condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the functions or purposes for which it was originally constructed, or

(2)   The absence of a current valid registration plate upon such vehicle permitting that vehicle to be operated on the public streets and highways of the State of Kansas, unless the vehicle has a non-highway vehicle title issued solely because the vehicle was not manufactured for street use, or

(3)   The absence of one or more of the parts of the vehicle necessary for the lawful operation of the vehicle on the public streets and highways, unless the vehicle has a non-highway title issued solely because the vehicle was not manufactured for street use, or

(4)   The placement of the vehicle or parts thereof upon jacks, blocks, chains or other supports.

(b)   Accessory Structure - shall mean a secondary structure detached from the principal structure but on the same premises, including, but not limited to, garages, sheds, barns, or outbuildings.

(c)   Automobile repair - shall mean the repair or restoration of any motor vehicle body or parts, and shall include, without being limited to, glass installation and replacement, brake and muffler repair and replacement, window tinting, radio and stereo installation, tire and battery replacement, tune ups, repair and servicing of motor vehicle engines, including overhauls, transmission work, body work and painting.

(d)   Building - shall mean any structure, whether public or private, that is adapted for occupancy as a residence, the transaction of business, the rendering of professional services, amusement, the display, sale or storage of goods, wares or merchandise or the performance of work or labor, including office buildings, public buildings, stores, theaters, markets, restaurants, workshops and all other houses, sheds and other structures on the premises used for business purposes.

(e)   Commercial or Industrial - shall mean used or intended to be used primarily for the other than residential or agricultural purposes.

(f)   Compost Pile - shall mean a mixture consisting of leaves, stems, grasses, dirt and other organic matter which shall be stored in an enclosure and used for garden soil conditioning purposes.  Said enclosure shall be screened or placed in a manner which is not offensive to neighboring residents or the general public.

(g)   Designated Driveway - shall mean the surfaced roadway leading from the street to the garage, covered parking area, or other permitted off-street parking areas.  Each residence is allowed on designated driveway for single family or duplex residences.  The maximum width of the designated driveway for a single-family residence or for each drive of a duplex is twenty-four (24) feet wide.

(h)   Dilapidation, Deterioration or Disrepair - shall mean any condition characterized by, but not limited to: holes, breaks, rot, decay, crumbling, crackling, peeling or flaking paint, rusting, or other evidence of physical damage, neglect, lack of maintenance, excessive use or weathering.

(i)    Enclosed building - shall mean the primary structure or an attached garage fully enclosed by walls and a roof, with all windows or doors completely closed.

(j)    Exterior - shall mean those parts of a structure which are exposed to the weather or subject to contact with the elements; including, but not limited to: sidings, facings, veneers, masonry, roofs, foundations, porches, screens, shutters, windows, doors or signs.

(k)   Front surface of a residence - shall mean that wall surface, or combination of surfaces, that is visible from the front lot line; provided, however that surfaces which are perpendicular or nearly perpendicular to the front lot line are excluded, as are surfaces of minor building projections such as fireplaces or bay windows.

(l)    Front yard - shall mean a yard across the full width of the lot extending from the front line of the main building to the front lot line.

(m)  Garbage - shall mean all kitchen and table refuse and every accumulation of animal, vegetable and other material that attends the preparation, consumption, decay or dealing in or storage of meat, fish, fowl, birds, grain, fruits, vegetables or other types of foods of whatever character and shall include all animal and vegetable refuse from kitchens and all household wastes that shall have resulted from preparation of food including tin cans and bottles.

(n)   Graffiti - shall mean any writing, printing, marks, signs, symbols, figures, designs, inscriptions or other drawings which are scratched, scrawled, painted, drawn, etched or otherwise placed on any structural component of any building, wall, rock, window fence, sidewalk, curb, tree, sign, gate, or other real or personal or private property or public or right of way, regardless of the nature of the material used in its application. “Graffiti” shall not include any permitted sign allowed to be erected by other City ordinances.

(o)   Hearing Officer - shall mean a person appointed by the Governing Body to conduct the hearing pursuant to this Chapter.

(p)   Litter - shall mean garbage, refuse and rubbish as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.

(q)   Paved driveway or paved parking area - shall mean a hard-surfaced area designed and constructed specifically for use by motorized vehicles as a path for the vehicle to be driven across or as a location at which a vehicle could be parked or stored.  Such driveways and parking area shall include only that surface area that is continuously connected to a public or private street via a paved surface wide enough for use by a standard passenger car. The paving material for a “paved driveway or paved parking area” shall consist of concrete, asphalt, paving, brick or similar material.  The term “paved parking area” may include a public or private street where on-street parking is permitted.

(r)    Person - shall mean any individual, individuals, corporation, partnership, unincorporated association, other business organization, committee, board, trustee, receiver, agent or other representative who has charge, care, control or responsibility for maintenance of any premises, regardless of status as owner, renter, tenant, or lessee, whether or not in possession.

(s)   Premises - shall mean any lot, plot or parcel of land including the structures thereon as well as any lot, plot or parcel of land without any structures, and the adjoining public rights-of-way to the center of said rights-of-way.

(t)    Private property or private premises - shall mean any dwelling, house, building or other structure, designed or used wholly or in part for private residential purposes or commercial purposes or industrial purposes, whether vacant or not, and shall include any yard, grounds, parking area, walk, driveway, porch, steps, vestibule or mailbox appurtenant to such dwelling, house, building or other structure.

(u)   Property Owner - shall mean any person, partnership or corporation who alone or jointly or severally with others has legal title to land and/or structures, or any person, partnership or corporation who is trustee or guardian of the estate of the title holder.

(v)   Public Officer - shall mean a Police Officer employed by the City of Osawatomie or any other individual designated as a Public Officer by the City Manager.

(w)  Public place - shall mean any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, spaces, grounds and buildings.

(x)   Recreational Vehicle - shall mean any vehicles used for purposes other than the primary source of transportation for a household, including travel trailers, folding tent trailers, motorhomes, truck campers removed from a truck or pickup, horse trailers, boats over fourteen (14) feet in length with or without trailers, all-terrain vehicles and other similar vehicles.  This definition shall not include mobile homes.

(y)   Refuse - shall mean any and all accumulations of, but not limited to, putrescible waste material, garbage, trash, rubbish, ashes, dead animals, abandoned automobiles and parts thereof, solid market and industrial wastes and construction wastes, paper, packing material, pasteboard, cinders, metal, sod, dirt, sand, rocks, bricks, or other masonry, and small tree limbs under five (5) inches in diameter when cut to a length of not to exceed three (3) feet and tied in bundles.  The term refuse shall include waste products from the construction, remodeling, demolition or repair of any building, or resulting from any construction or building operation.

(z)   Resident or tenant - shall mean the person, partnership or corporation occupying or utilizing the primary structure on the site as a residence in a residential structure or as a business tenant in a nonresidential structure.

(aa) Residential - shall mean used or intended to be used primarily for human habitation.

(bb) Residential zoning districts - shall mean that land area, including public and private streets, that is contained within one of the zoning districts defined by the Land Development Ordinance of the City of Osawatomie as a residential district.  This definition shall include those sections of public and private streets that abut residentially zoned land on both sides.

(cc) Rubbish - shall mean non-putrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper wrapping, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

(dd) Section - shall mean the stated section of the Osawatomie Municipal Code.

(ee) Structure - shall mean anything constructed or erected which requires location on the ground or is attached to something having a location on the ground including any appurtenances belonging thereto.

(ff)  Trailers - shall mean a utility trailer having a gross weight less that fifteen hundred (1500) pounds.

(gg) Trash - shall mean combustible waste consisting of, but not limited to: cartons, boxes, barrels, excelsior, furniture, bedding, rags, leaves, metal, tin cans, glass, crockery, plastics, mineral matter, ashes, cement debris, or street rubbish and sweepings.

(hh) Vehicle or motor vehicle - shall mean any a currently licensed motorized or non-motorized conveyance that includes, but is not limited to an automobile, car, truck, tractor, trailer, motorcycle or watercraft, in operable condition.

(ii)   Vehicle owner - shall mean the person, part ownership or corporation registered as the owner of a particular vehicle.

(jj)   Weathered - shall mean deterioration caused by exposure to the elements.

(kk) Weeds  - shall mean, as used herein, any of the following:

(1)   Brush and woody vines shall be classified as weeds;

(2)   Weeds and grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;

(3)   Weeds which bear or may bear seeds of a downy or wingy nature;

(4)   Weeds which are known to cause allergic skin reactions or other serious medical conditions to the general public such as poison ivy, poison oak, poison sumac, and similar plants;

(5)   Weeds which are located in an area which harbors rats, insects, animals, reptiles, or any other creature which either may or does constitute a menace to health, public safety or welfare; or

(6)   Weeds and grasses on or about residential property which, because of its height, has a blighting influence on the neighborhood. Any such weeds and indigenous grasses shall be presumed to be blighting if they exceed 12 inches in height.

(ll)   Yard - shall mean the area of the premises not occupied by any structure.  Any unenclosed building or structure (i.e. car port, porch, deck, and pool) is considered yard for the purpose of this Article but are not counted in the total open space.

(Code 1988; Ord. 3707; Ord. 3729; Code 2018; Ord. 3856)