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For the purposes of this chapter, the following definitions apply:

City” means the City of Olathe, Kansas;

Code” means the Olathe Municipal Code;

Commercial” or “Industrial” means areas which are used or intended to be used primarily for other than residential or agricultural purposes;

Commercial Vehicle” means a vehicle with or without its own motive power, with a chassis rated at one (1) ton or more, that meets a minimum of one (1) of the following dimension or use criteria:

(1) The length of the vehicle exceeds twenty feet (20');

(2) The width of the vehicle exceeds eight feet (8');

(3) The height of the vehicle exceeds seven feet (7');

(4) The vehicle is used primarily for the carrying of equipment, livestock, minerals, liquids or other commodities; or

(5) The vehicle is used primarily for the carrying of persons in the performance of a transportation service.

Commercial vehicles also include hauling and advertising trailers if used for commercial (e.g., nonrecreational) purposes;

Compost Pile” means 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;

Garbage” means, without limitation, any accumulation of animal, fruit or vegetable waste matter which normally is the by-product of handling, preparation, cooking, serving, delivering, storage or any other use of foodstuffs;

Graffiti” means any drawing, painting, writing, inscription, figure or mark, regardless of its content, of the type which is commonly known and referred to as “graffiti,” which is written, drawn, painted, sprayed, scratched or otherwise placed or affixed, regardless of the nature of the material used, on any wall, window, rock, building or portion thereof, fence, gate, sign, other structure, tree or other real or personal property, either publicly or privately owned, and that is visible from any adjacent public or private property or public or private right-of-way. “Graffiti” shall not include any permitted sign allowed to be erected in Section 18.50.190;

Immediate Vehicle Hazard” means any unattended vehicle which has been placed on jacks, blocks or a stand unless such vehicle is placed in a garage or other building;

Inoperable Vehicle” means a vehicle or component parts thereof which cannot function properly or be used for its original purpose, including, without limitation, a condition of being junked, parted out, used for salvage, or any part thereof discarded or stored, or use of any part for artful or decorative purposes. Also, included would be any vehicle which is not currently registered or licensed or parked in any manner which would be a violation of other City ordinances or incapable of moving under its own power or would be unlawful to operate upon any street, road or highway. A vehicle which is temporarily inoperative but is in the process of being repaired shall be repaired within thirty (30) consecutive days or it shall be deemed an inoperable vehicle as defined in this section;

Nuisance” means, without limitation, any accumulation or collection of filth, human or animal excrement, tree limbs, lumber, wood, glass, rocks, concrete, dirt, grass clippings, leaves, cans, containers, paper, trash, plastic, petroleum products, Styrofoam, rubber, metal, discarded appliances or other household items, abandoned or inoperable vehicles or parts thereof, or any other material or item which is thrown, left, deposited or stored upon any public or private property, except that compost piles as defined by this section shall not constitute a nuisance;

The above also includes any place, operation, materials or substance offensive in appearance or which emits or causes any nauseous odors. Any dilapidated fence, wall, building or other structure in disrepair, open pits, pools or ponds of water or fluids, trenches or wells and/or any other condition which is offensive to or a threat to the environmental quality, health, safety or welfare of the City as determined by any public officer shall also constitute a nuisance;

Passenger Vehicle” means a vehicle which is:

(1) Licensed for use on public streets;

(2) Designed primarily for the transportation of people as opposed to equipment, freight or other vehicles; and

(3) Sold primarily to individuals for personal use.

This definition includes, but is not limited to, motorcycles, mopeds, motorscooters, automobiles commonly referred to as coupes, sedans, hatchbacks, station wagons, convertibles, minivans, passenger vans, cargo vans, and pickup trucks, any of which would not otherwise meet the definition of commercial vehicle or recreational vehicle as set forth herein;

Person” means any individual, individuals, corporation, partnership, unincorporated association, other business organization, committee, board, trustee, receiver, agent or any 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;

Premises” means any lot, parcel or tract of land, including any structures, and/or excavations located thereon;

Public Officer” means any City representative charged by the City Manager or designee with the administration and enforcement of this chapter;

Recreational Vehicle” means a vehicular-type unit which is:

(1) Built on a chassis or for use on a chassis;

(2) Designed primarily as temporary living quarters for recreational, camping, vacation or travel use; and

(3) Has its own motive power or is mounted on or drawn by another vehicle.

This definition includes, but is not limited to, motor homes (Class A, B, or C), travel trailers, folding camping trailers, fifth wheel trailers, truck campers (each as shown in Illustration A), passenger vehicles or buses specifically modified to meet the three (3) conditions above, and boats, any of which would not otherwise meet the definition of commercial vehicle or passenger vehicle as set forth herein;

Residential District” refers to any place or area where the property is zoned for residential occupancy including single-family, two-family and multifamily lots;

Rubbish” means combustible and noncombustible waste materials, except garbage; the term includes the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials; the term also includes discarded items including but not limited to appliances, furniture, and auto parts;

Unimproved Premises” means any lot parcel or tract of land without any structures or any other type of improvement or development thereon;

Vehicle” means any automobile, van, truck, all-terrain vehicle, motorcycle, moped, motorscooter, recreational vehicle, farm machinery, construction equipment, boat, boat trailer, airplane, bicycle, trailer, wagon or other device mounted on wheels and designed to carry any cargo, operator or passenger and may be powered by an engine or pulled or pushed by any device or person;

Yard” means the area of the premises not occupied by a structure.

TABLE A Recreational Vehicles

Class A Motor Home

Class B Motor Home

Class C Motor Home

Travel Trailer

Folding Camper Trailer

Fifth-Wheel Trailer

Truck Camper

(Ord. 23-29 § 1, 2023; Ord. 23-03 § 1, 2023; Ord. 14-54 § 1, 2014; Ord. 94-05 § 1, 1994; Ord. 90-21 § 2, 1990; Ord. 80-59 § 2 (part), 1980.)