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Town of Appomattox, VA
Appomattox County
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The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ASHES
The residue resulting from the burning of wood, coal, coke or other combustible material.
BUILDING
Any structure for the support, shelter or enclosure of persons, animals, chattels or property of any kind.[3]
CONTAINER
A lightweight galvanized metal, rubber or plastic container having a capacity of not more than 30 gallons and not less than 10 gallons and measuring not over 22 inches in diameter and 30 inches in height, equipped with handles and provided with a cover that will fit so as to prevent the emission of odors, the gathering of insects, the blowing of contents and interference by dogs or other animals.
DISPOSAL
The storage, collection, disposal or handling of refuse.
FILTH
Any unwholesome substance, offal, or litter, including human and animal waste.
GARBAGE
The unused or waste portions or accumulations of animal or vegetable matter derived from the storage, handling, preparation or other use of meats, fish, flesh, fowl, fruit, vegetables, confections, sweets, liquids or any other substance subject to decay, decomposition, putrefaction, the generation of harmful or offensive gases or odors, or which may serve as breeding places or feeding for obnoxious pests; and any opened, used or discarded bottles, cans, containers, cartons, wrappers or other materials which may serve as breeding or feeding places for pests.
LITTER
Loose articles of garbage, waste, trash or other discarded matter, scattered or lying on the streets, alleys, public places or private premises in the Town.
NUISANCE
The doing of any act or the omission to perform any duty, or the permitting of any condition or thing to exist that endangers life or health, obstructs or interferes with the reasonable or comfortable use of public or private property, tends to depreciate the value of the property of others, or in any way renders other persons insecure in the life or the use of property. Wherever the term "nuisance" is used in this chapter, it shall be deemed to mean a public nuisance.[4]
ODOR
Any smell from whatever source resulting from a quality of something that stimulates the olfactory organ and annoys or disturbs a reasonable person of normal sensitivities.[5]
PERSON
Shall include individuals, corporations, partnerships and all other legal entities which may hold title to real or personal property.[6]
PREMISES
A tract of real property with a building or buildings thereon and shall include its grounds and other appurtenances.[7]
PROPERTY
Both real property and personalty.[8]
PUBLIC AREAS
Any portion or area of the Town other than privately owned premises, but with respect to the provisions of § 117-6 requiring the owner or occupant of adjacent premises to remove litter from such public area, this definition shall be construed not to include the paved gutter and driveway surface of any public street, but shall include any sidewalk or unpaved border or area between such premises and such paved street surface.
PUBLIC NUISANCE
A nuisance which is common to the public generally and which injures those citizens generally who may be so circumstanced as to come within its influence. A nuisance shall be deemed to be public if it is committed in such a place and in such a manner that the aggregation of private persons injured thereby is sufficiently great so as to constitute a public annoyance and inconvenience.[9]
TRASH AND RUBBISH
Grass, leaves, branches and small limbs of trees and shrubs, flowers, stalks, weeds, and other disposable and inedible accumulations of lawn or garden products, as well as matter, which, due to the nature and size thereof, are not capable of being placed in suitable containers for collection and disposal, including vehicles, bicycles, machines, tools, trees, shrubs, furniture and other articles of large size, and also excessive accumulations of household, store or office waste and lawn and garden trash. Such trash may not be placed on any street or public place for collection and disposal.
WASTE
Discarded newspapers, pamphlets, magazines, handbills, catalogs, books, letters, cards and all other forms of printed or written matter, and boxes, cartons, cans, containers, wrappings, string, rags, articles of clothing, excelsior and other packing materials, wastepaper, household utensils, personal effects, sweepings, dust, ashes, glass crockery, metals, plastic articles and all other unused and discarded articles of a nature other than garbage which are usual to the operation and occupancy of homes, stores, hotels, clubs, schools, offices and other inhabited buildings.
[1]
Editor's Note: Definitions generally, see Ch. 1, Art. I.
[2]
State law references: Definitions relating to waste management, Code of Virginia, § 10.1-1400; definitions relating to litter control and recycling, Code of Virginia, § 10.1-1414.
[3]
Editor’s Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[4]
Editor’s Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[5]
Editor’s Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[6]
Editor’s Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[7]
Editor’s Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[8]
Editor’s Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[9]
Editor’s Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
Any person who shall violate any provision of this chapter shall be guilty of a class 4 misdemeanor.