§ 28-2. Definitions.

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:

Approved solid waste site means a solid waste site permitted or registered by the state commission on environmental quality or its successor, a solid waste site licensed by a county, or a designated collection area for ultimate disposal at a permitted or licensed municipal solid waste site.

Boat means a vehicle, including a barge, airboat, motorboat, canoe, kayak, or sailboat, used for transportation on water.

Daytime hours means the hours between 7:00 a.m. on one (1) day and 10:00 p.m. in the same day.

dB(A) means the intensity of a sound expressed in decibels read from a calibrated sound level meter utilizing the A-level weighting scale and the slow meter response, as specified by the applicable publications of the American National Standards Institute or its successor body.

Dispose and dump mean to discharge, deposit, inject, spill, leak or place litter on or into land or water.

Litter means:

(1)

Decayable waste from a public or private establishment, residence, or restaurant, including animal and vegetable waste material from a market or storage facility handling or storing produce or other food products, or the handling, preparation, cooking, or consumption of food, but not including sewage, body waste, or industrial byproducts; or

(2)

Nondecayable solid waste, except ashes, that consists of:

a.

Combustible waste material, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, or similar materials;

b.

Noncombustible waste material, including glass, crockery, tin or aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures of eighteen hundred (1800) degrees Fahrenheit or less; and

c.

Discarded, abandoned or worn-out: manufactured materials and machinery, including motor vehicles or parts of motor vehicles, tires, aircraft, boats, farm implements, building or construction materials, manufactured homes or parts of manufactured homes, appliances or parts of appliances, and scrap metal.

Motor vehicle has the meaning assigned by V.T.C.A., Transportation Code § 541.201.

Nighttime hours means the hours between 10:00 p.m. on one (1) day and 7:00 a.m. the following day.

Nonresidential property means any real property within the limits of the town that is not included in the definition of residential property as defined in this section.

Property line means the line along the ground surface, and its vertical extension, which separates the real property owned, leased or occupied by one (1) person from that owned, leased, or occupied by any other person, and the imaginary line which represents the legal limits of property of any person who owns, leases or otherwise occupies an apartment, condominium, hotel or motel room, office or any other type of occupancy.

Public highway means the entire width between property lines of a road, street, way, thoroughfare, bridge, public beach, or park in the town, not privately owned or controlled, if any part of the road, street, way, thoroughfare, bridge, public beach, or park is open to the public for vehicular traffic, used as a public recreational area, or under state, county or municipal legislative jurisdiction through police power.

Public right-of-way means any street, avenue, boulevard, highway, road, thoroughfare, sidewalk, alley or any other property, that is owned or controlled by a governmental entity.

Residential property means any real property developed and used for human habitation and which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, unless the premises are actually occupied and used primarily for purposes other than human habitation.

Solid waste has the meaning assigned by V.T.C.A., Health and Safety Code § 361.003.

Sound nuisance means any sound that either exceeds the maximum permitted sound levels specified in this chapter or otherwise unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of persons with ordinary sensibilities with the limits of the town.

(Ord. No. 185, § 1, 5-20-2003; Ord. No. 204, § 1(ch. II, § 1), 11-16-2004)