Terms Used In Vermont Statutes > Title 6 > Chapter 172 - Inspection of Apiaries

• Abandoned apiary: means any apiary in this State whose location has not been registered with the Secretary and for which the owner cannot be located after reasonable effort. See
• Accident and health insurance: means contracts that incorporate morbidity risk and provide protection against economic loss resulting from accident, sickness, or medical conditions and as may be specified in the Valuation Manual. See
• Acquire: shall mean to purchase, to acquire by eminent domain, to hire, to lease, to construct, to reconstruct, or to replace. See
• Agency: means the Vermont Agency of Agriculture, Food and Markets. See
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annual meeting: when applied to towns shall mean the annual town meeting in March or an adjournment thereof. See
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Apiary: means a place where one or more colonies of bees are kept and shall include hives and bees. See
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appointed actuary: means a qualified actuary who is appointed in accordance with the Valuation Manual to prepare the actuarial opinion required in subsection 3791c(b) of this subchapter. See
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approved postsecondary education institution: means a postsecondary education institution as defined in section 2822 of this title. See
• Approved postsecondary education institution: means any institution of postsecondary education that is:

• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Bee: means the insect commonly known as the honey bee (apis mellifera), or other species of the genus apis, at any stage of its existence, including the egg, larval, pupal, or adult stages. See
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: means any individual designated by a participation agreement to benefit from payments for qualified postsecondary education costs. See
• Benefits: means the payment of qualified postsecondary education costs on behalf of a beneficiary from a participant's investment plan account. See
• between: as used in this title in respect to a specified age of a student, shall mean the period of time commencing on the birthday of the child when he or she becomes the age first specified and ending on the day next preceding the birthday of the child when he or she becomes the age last specified. See
• Board: means the Board of Directors of the Vermont Student Assistance Corporation. See
• Certified historic structure: means a certified historic structure as defined in the Internal Revenue Code, 26 U. See
• Child with a disability: means any child in Vermont eligible under State rules to receive special education. See
• Colony: means the hive and its equipment, including bees, comb, and honey. See
• Commissioner: shall mean in this title only the Commissioner of Motor Vehicles. See
• Commissioner: means the Vermont Commissioner of Motor Vehicles. See
• Committee: means the Vermont Universal Children's Higher Education Savings Account Program Fund Advisory Committee. See
• Communications plant: shall mean any and all parts of any communications system owned by the municipality, whether using wires, cables, fiber optics, wireless, other technologies, or a combination thereof, and used for the purpose of transporting or storing information, in whatever forms, directions, and media, together with any improvements thereto hereafter constructed or acquired, and all other facilities, equipment, and appurtenances necessary or appropriate to such system. See
• Communications service: shall include ownership, operation, and utilization of a communications plant within or without the corporate limits of the municipality to transport or store information in any form and medium. See
• Community reinvestment agreement: means an agreement among municipal government officials, business leaders, and community groups pursuant to subdivision 2793(b)(2) of this title. See
• Company: means an entity that:

• compensation: means payment in any form except reimbursement for mileage or the normal salary paid to a person otherwise employed by the school. See
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• Conviction: means an unvacated final adjudication of guilt, or a final determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. See
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Corporation: means the Vermont Student Assistance Corporation. See
• Corporation: means Vermont Student Assistance Corporation. See
• Corporation: means Vermont Student Assistance Corporation. See
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a person, partnership, corporation, or other entity engaged in the business of selling or exchanging new or used motor vehicles, snowmobiles, motorboats, or all-terrain vehicles. See
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Vermont Department of Housing and Community Development. See
• Department: means the Vermont Department of Motor Vehicles. See
• Design review district: means a district created pursuant to subdivision 4414(1)(E) of this title. See
• Destroy: means to burn bees, combs, and frames, or other equipment that cannot be disinfected by scorching or other approved methods. See
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disease: shall mean any serious malady that is infectious, contagious, or injurious to bees and shall include American foulbrood, European foulbrood, or external or internal parasites or parasitoids of bees. See
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Disqualification: means a withdrawal of the privilege to drive a commercial motor vehicle. See
• District coordinator: means a district environmental coordinator attached to a District Commission established under 10 Vt. See
• Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
• Donor: The person who makes a gift.
• Downtown: means the traditional central business district of a community that has served as the focus of socio-economic interaction in the community, characterized by a cohesive core of commercial and mixed use buildings, some of which may contain mixed use spaces, often interspersed with civic, religious, residential, and industrial buildings and public spaces, typically arranged along a main street and intersecting side streets that are within walking distance for residents who live within and surrounding the core and that are served by public infrastructure such as sidewalks and public transit. See
• downtown district: means a district delineated by the municipality and designated by the Downtown Development Board under section 2793 of this title. See
• Driver training: means the instruction for hire in the driving of motor vehicles or in the preparation of an applicant for examination given by the Department for a driver's license, but not including instruction given by employers to their employees. See
• Driver training school: means any person engaged in providing driver training through one or more instructors, but not including a public or private school conducting a course in driver training approved by the Secretary of Education and the Commissioner. See
• Eligible child: means a minor who is a Vermont resident at the time the Corporation deposits or allocates funds pursuant to this subchapter for his or her benefit. See
• engaged in the business: means having sold or exchanged at least 12 cars or motor trucks, or a combination thereof, in the immediately preceding year, or 24 in the two immediately preceding years. See
• Equipment: means hives, supers, and frames. See
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Essential early education: means the education of children with disabilities prior to legal school age for the early acquisition of fundamental skills. See
• Established place of business: means a location approved by the Commissioner at which the business of a driver's training school is transacted and at which its records are kept. See
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Farm tractor: means a traveling power plant or a self-propelled device that functions as part of crop production, harvesting, feeding, or livestock management or is used for drawing a farm trailer as defined in subdivision (69) of this section. See
• Federal law: means the Individuals with Disabilities Education Act, 20 U. See
• Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Higher Education Act: means the federal Higher Education Act of 1965, Pub. See
• Historic district: means a district created pursuant to subdivision 4414(1)(F) of this title. See
• Hive: means frame, hive, box hive, box, barrel, log gum, skep, or other receptacle or container, natural or artificial, or any part thereof, that is used or employed as a domicile for bees. See
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Important natural resources: means headwaters, streams, shorelines, floodways, rare and irreplaceable natural areas, necessary wildlife habitat, wetlands, endangered species, productive forestlands, and primary agricultural soils, all of which are as defined in 10 Vt. See
• Improve: shall mean to acquire or construct any improvement, whether consisting of real or personal property. See
• Improvement: shall mean any extension, betterment, addition, alteration, reconstruction, and extraordinary repair, equipping, or reequipping of the communications plant of the municipality. See
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Individualized education program: means a program established for an eligible child pursuant to 20 U. See
• Infill: means the use of vacant land or property within a built-up area for further construction or development. See
• inhabitants: shall mean the population of the political division referred to, as ascertained by the national census last completed before the time when such population is a material fact. See
• Inspector: means any person designated by the Secretary to inspect apiaries and enforce this chapter. See
• Instructor: means any person engaged in giving driver training. See
• Internal Revenue Code: means the federal Internal Revenue Code of 1986, as amended, together with the regulations promulgated pursuant to that Code. See
• Investment Plan: means one or more plans created pursuant to this subchapter. See
• Investment Plan: means the plan created pursuant to subchapter 7 of this chapter. See
• Junior operator: shall include only such persons as are 16 and 17 years of age. See
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative body: means the mayor and board of aldermen of a city, a city council, a town selectboard, the president and trustees of an incorporated village, or the legislative bodies of a group of municipalities. See
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life insurance: means contracts that incorporate mortality risk, including annuity and pure endowment contracts, and as may be specified in the Valuation Manual. See
• Local downtown organization: means either a nonprofit corporation, including a nonprofit corporation established by the Vermont Economic Development Authority, or a board, council, or commission created by the legislative body of the municipality, whose primary purpose is to administer and implement the community reinvestment agreement and other matters regarding the revitalization of the downtown district under subdivision 2793(b)(2) of this title. See
• Month: means 30 days and "year" means 365 days. See
• Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Motor truck: means any motor vehicle designed primarily for the transportation of property and shall be construed to include truck tractor-semitrailer and truck tractor-semitrailer-trailer combinations. See
• Motor vehicle: includes all vehicles propelled or drawn by power other than muscular power, except farm tractors, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road making appliances, snowmobiles, tracked vehicles, motor-assisted bicycles, electric bicycles, or electric personal assistive mobility devices. See
• Motor-driven cycle: means any vehicle equipped with two or three wheels, a power source providing up to a maximum of two brake horsepower and having a maximum piston or rotor displacement of 50 cubic centimeters if a combustion engine is used, which will propel the vehicle, unassisted, at a speed not to exceed 30 miles per hour on a level road surface, and that is equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged. See
• Motorcycle: means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, and includes autocycles but excludes motor-driven cycles, motor-assisted bicycles, electric bicycles, golf carts, track driven vehicles, tractors, and electric personal assistive mobility devices. See
• Motorized highway building equipment: shall include all bulldozers, rollers, scrapers, graders, spreaders, pavers, bituminous mixers, compressors, power shovels, excavators, dumpsters, concrete mixers, bucket loaders, snow loaders, rooters, and scarifiers, except road oilers and bituminous distributors, which contain as an integral part thereof and within the same unit facilities for generating motor power for propelling the same and while being used exclusively for the building, repair, or maintenance of highways, or being transported or moved from job to job in connection with the building, repair, or maintenance of highways; or, for purposes of registration only, if owned and operated by a municipality, while being used exclusively for municipal purposes; however, the town road commissioner, or comparable municipal officer, shall report annually to the legislative body of the municipality that the equipment is in good repair; tractors used exclusively as a power unit in drawing road making appliances or in the transportation of same or of such tractor from job to job in connection with the building, repair, or maintenance of highways. See
• Municipality: means a city, town, incorporated village, or group of municipalities. See
• Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
• NAIC: means the National Association of Insurance Commissioners. See
• New motor vehicle: means a vehicle that is being registered or titled for the first time. See
• New town center: means the area planned for or developing as a community's central business district, composed of compact, pedestrian-friendly, multistory, and mixed use development that is characteristic of a traditional downtown, supported by planned or existing urban infrastructure, including curbed streets with sidewalks and on-street parking, stormwater treatment, sanitary sewers, and public water supply. See
• Nonresident: shall include any person who does not come under the definition of a resident. See
• operative date of the Valuation Manual: means January 1 of the first calendar year that the Valuation Manual as defined in subchapter 4a of this chapter is effective. See
• Operator: shall include all persons 18 years of age or over properly licensed to operate motor vehicles. See
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: shall include any person, corporation, co-partnership, or association holding legal title to a motor vehicle or having exclusive right to the use or control thereof for a period of 30 days or more. See
• Owner: means a person who in any way owns, leases, possesses, or otherwise controls an apiary, colony, hive, bees, or equipment and shall include the agent of such person. See
• Parents: means a student's parent or parents as determined by the Corporation consistently with the requirements of the federal financial assistance programs established under Title IV of the Higher Education Act. See
• Participant: means a person who has entered into a participation agreement pursuant to this subchapter intended for the payment of qualified postsecondary education costs on behalf of a beneficiary. See
• Participation agreement: means an agreement between a participant and the Corporation, pursuant to and conforming with the requirements of this subchapter. See
• Person: includes any natural person, corporation, association, co-partnership, company, firm, or other aggregation of individuals. See
• Person: shall include all corporations, partnerships, associations, societies, individuals or group of individuals, or any employee, servant, or agent acting for or employed by any person as defined in this subdivision. See
• Person: means any individual, combination of individuals, firm, partnership, or corporation; whenever used in any provision of this subchapter which prescribes or imposes a fine or imprisonment, or both, the term "person" as applied to a firm, partnership, or association, shall include the members thereof and, as applied to a corporation, the officers thereof; a firm, partnership, association, or corporation may be subjected as an entity to the payment of a fine. See
• Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
• Personal property: All property that is not real property.
• Pleasure car: shall include all motor vehicles not otherwise defined in this title. See
• Postsecondary education costs: means the qualified costs of tuition, fees, and other expenses for attendance at an institution of postsecondary education, as defined in the Internal Revenue Code of 1986, as amended, together with the regulations promulgated under that Code. See
• Privilege to operate: includes the privilege of a nonresident to operate a motor vehicle within the State and includes the privilege of a resident to obtain a license. See
• Program: means the Vermont Universal Children's Higher Education Savings Account Program. See
• Program beneficiary: means an individual who is or who was at one time an eligible child for whom the Corporation deposited or allocated funds pursuant to this subchapter and who has not yet attained 29 years of age or, for national service program participants, the extended maturity date. See
• Program Fund: means the Vermont Universal Children's Higher Education Savings Account Program Fund. See
• Public place: means municipal property, including a municipal park, a recreation area, or a municipal building. See
• Public way: means a right-of-way held by a municipality, including a town highway. See
• Qualified actuary: means an individual who is qualified to sign the applicable statement of actuarial opinion in accordance with the American Academy of Actuaries qualification standards for actuaries signing such statements and who meets the requirements specified in the Valuation Manual. See
• Qualified postsecondary education costs: means the costs of tuition and fees for attendance at an approved postsecondary education institution, and other qualified higher education expenses as provided under 26 U. See
• Quorum: The number of legislators that must be present to do business.
• real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Resident: as used in this title only, means any person living in the State who intends to make the State his or her principal place of domicile either permanently or for an indefinite number of years. See
• Resident: means , with respect to a student, a student who has been domiciled in Vermont for the year preceding the date of commencement of the relevant semester or academic program. See
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• road: shall include bridges thereon and their approaches. See
• said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
• School year: means the year beginning July 1 and ending the next June 30. See
• seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
• Secretary: means the Secretary of the Agency of Agriculture, Food and Markets. See
• Secretary: means the Secretary of Education. See
• Shade tree: means a shade or ornamental tree located in whole or in part within the limits of a public way or public place, provided that the tree:

• Smart growth principles: means growth that:

• Special assessment: means a tax assessment pursuant to chapter 87 of this title or a municipal charter, among all commercial owners, or a significant portion thereof, within a downtown development district to impose an incremental tax assessment above the amount otherwise assessed, for the purposes of supporting downtown interests. See
• Special education: means , to the extent required by federal law, specially designed instruction, at no cost to parents or guardian, to meet the unique educational needs of a child with a disability, including classroom instruction, instruction in physical education, home instruction, and instruction in hospitals and institutions. See
• State Board: means the State Board of Education established by chapter 3 of this title. See
• Student: means any person who:

• Summons: Another word for subpoena used by the criminal justice system.
• Suspension of license: means the withdrawal by formal action of the Commissioner, for a specific period of time and until reinstatement by the Commissioner, of a person's license or privilege to operate a motor vehicle on the public highways. See
• sworn: shall include affirmed. See
• Tax stabilization agreement: means a contract executed pursuant to either section 2741 of this title or 32 V. See
• Taxable: when used in reference to a note, bond, or other obligation means that the interest on that obligation is includable in the gross income of the holder under the laws of the United States relating to federal income taxes. See
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
• Tractor: shall include a motor vehicle designed or used primarily as a traveling power plant or for drawing other vehicles, and not so constructed as to carry any load other than a part of the weight of the vehicles and load so drawn, excepting, however, motorized highway building equipment. See
• Trailer: is a vehicle without motive power designed to be drawn by a motor vehicle, and so constructed that no part of its weight rests upon the towing vehicle excepting, however, road making appliances and transportation dollies, and "semi-trailer" is a vehicle without motive power, designed to be drawn by a motor vehicle, and so constructed that some part of its weight and that of its load rests upon or is carried by the towing vehicle, excepting, however, pole dinkeys, transportation dollies, and road making appliances. See
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transporter: means :

• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Truck tractor: shall include a motor vehicle designed and used primarily for drawing other vehicles but so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. See
• Valuation Manual: means the manual of valuation instructions adopted by the NAIC as specified in this subchapter or as subsequently amended. See
• vehicle or motorboat: means a motor vehicle, snowmobile, motorboat, or all-terrain vehicle. See
• Vermont neighborhood: means an area of land that is in a municipality with an approved plan, a confirmed planning process, zoning bylaws, and subdivision regulations, and is in compliance with all the following:

• Vermont resident: means an individual who is domiciled in Vermont as evidenced by the individual's intent to maintain a principal dwelling place in Vermont indefinitely and to return there if temporarily absent, coupled with an act or acts consistent with that intent. See
• Village: shall mean an incorporated village. See
• Village center: means the core of a traditional settlement, typically comprised of a cohesive mix of residential, civic, religious, commercial, and mixed use buildings arranged along a main street and intersecting streets that are within walking distance for residents who live within and surrounding the core. See