Definitions of the following words, terms, and phrases (unless context clearly indicates otherwise) are as follows:
GARBAGEThe animal or vegetable waste resulting from the handling, preparation, cooking, and consumption of food or other nontoxic household waste (bottles, cans, clothing, compost, disposables, food packaging, food scraps, newspapers/magazines, yard trimmings, etc.).
HAZARDOUS WASTEAny waste material or a combination of solid, liquid, semisolid, or contained gaseous material that because of its quantity, concentration, physical, chemical, or infectious characteristics may:
A. Cause or significantly contribute to the potential for serious illness, injury or mortality.
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed.
HOUSEHOLD HAZARDOUS WASTE (HHW)Waste which would be chemically or physically classified as a hazardous waste, but is excluded from regulation as a hazardous waste because it is produced in quantities smaller than those regulated by the Pennsylvania Department of Environmental Protection, and because it is generated by persons not otherwise covered as hazardous waste generators by those regulations. Such HHW materials meet one of the following four classifications: toxic, flammable, reactive, or corrosive. HHW consists of numerous products that are common to the average household, e.g., pesticides and herbicides, cleaners, automotive products, paints, and acids.
INDOOR FURNITUREAny and all pieces of furniture which are made for only inside use including, but not limited to, upholstered chairs and sofas, etc.
JUNKED VEHICLE/*MOTOR VEHICLE NUISANCEAny vehicle that presents a hazard or danger to the public or is a public nuisance by virtue of its state or condition of disrepair. *The definition of motor vehicle is "any type of mechanical device, capable of, or at any time capable of being propelled by a motor, in which persons or property may be transported upon public streets or highways - including trailers or semitrailers pulled thereby."
A. The following conditions, if present, are examples of a state or condition of disrepair:
(1) Rusted and/or jagged metal on or protruding from the body of the vehicle.
Broken headlamps, tail lamps, bumpers, or grills.
Any body parts, truck, firewall, or floorboards with sharp edges or large holes resulting from rust.
Broken windshields, mirrors or other glass.
Any vehicle suspended, stored or placed on blocks, jacks, or other such materials in a location which may pose a danger to the public, property owners, visitors, or residents of the property on which said vehicle is found.
Missing doors, windows, hood, trunks, or other body parts that could permit animal harborage.
Any fluids leaking from vehicles, deflated or flat tires, which may be harmful to the public or the environment.
Unsecured and/or unlocked doors, hood, or trunk.
One or more open tires, tubes, or other conditions/objects, which could permit animal harborage: rodents, insects or other pests.
Disassembled body or chassis parts stored in, on or about the vehicle.
Such other defects which the Fire Department, Police, Zoning Officer or any Borough department determines to be a danger to the general public or property.
Motor vehicles parked or otherwise located which may interfere with flow of pedestrian or automobile traffic or impede emergency efforts.
Vehicles that do not display a current valid license and registration.
The foregoing examples are not inclusive of all conditions which may constitute a state or condition of disrepair.
LITTERIncludes, but is not limited to: all waste material, garbage, trash, i.e., waste paper, tobacco products, wrappers, food or beverage containers, newspapers, etc., municipal waste, human waste, domestic animal waste, furniture or motor vehicle seats, vehicle parts, automotive products, shopping carts, construction or demolition material, recyclable material, and dirt, mud and yard waste that has been abandoned or improperly discarded, deposited, or disposed.
LOCAL RESPONSIBLE AGENTAny person residing or working within the Borough of Jim Thorpe designated to accept service on behalf of a legal owner or operator of a rental dwelling unit.
MOBILE VENDORA vendor or seller of food and/or goods from a vehicle or other conveyance upon the public streets or alleys of the Borough that does not typically remain stationary.
MUNICIPAL WASTEAny garbage or refuse: solid, liquid, semisolid, or gaseous material, which is secondary to the operation of residential, municipal, commercial, institutional establishments or community activities and which is not classified as residual waste or hazardous waste as defined herein. The term does not include source-separated recyclable materials or organic waste.
NOTICE OF VIOLATIONA written document issued to a person in violation of a Borough ordinance, which specifies the violation and contains a directive to take corrective action within a specified time frame or face further legal action.
NUISANCEAny condition, structure, or improvement which constitutes a danger or potential danger to the health, safety, or welfare of citizens of the Borough, or causes a blighting effect in Borough neighborhoods. See also the definition of "public nuisance."
OWNERA person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property including the principals of a limited liability company or officer, director or shareholder of a corporation if that individual is responsible for the management and control of the property; including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSONEvery natural person, firm, corporation, partnership, association, or institution.
PRIVATE PROPERTYAny land and the improvements thereon owned by any person and includes front, side, and rear yards; vacant lots, buildings, and other structural improvements; walkways and alleyways; and parking areas, designed or used either wholly or in part for private residential, industrial, or commercial purposes, whether inhabited temporarily, continuously uninhabited, or vacant, including any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging to or appurtenant to such dwelling, house, building, or other structure.
PUBLIC OFFICERAny police officer, authorized inspector, zoning officer, or public official designated by the Borough to enforce the Borough ordinances.
PUBLIC RIGHT-OF-WAYThe total width of any land used, reserved, or dedicated as a street, alley, driveway, sidewalk, or utility easement, including curb and gutter areas.
RESIDUAL WASTEAny discarded material or other waste including solid, semisolid, or contained gaseous materials resulting from construction, industrial, mining, and agricultural operations, excluding municipal water and sewer operations.
RESPONSIBLE PERSONA person in control of any commercial place which may include, but not be limited to, a property manager, tenant, or owner and an owner or person in control of any private property including, but not limited to, a tenant.
RUBBISHCombustible and noncombustible waste materials, except garbage; the term shall include 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, dust and other similar materials.
SIDEWALK AREAThe public right-of-way between the property line and the curb line or the established edge of the roadway.
SOLID WASTEAny waste including, but not limited to, municipal, residual, or hazardous wastes, including solid, liquid, semisolid, or contained gaseous materials.
VEGETATIONAny planting that is cultivated and managed for edible or ornamental purposes such as vegetable gardens, trees, shrubs, hedges, flowers, etc.
VIOLATION TICKETA form issued by a police officer or public officer to a person who violates a provision of this article. The violation ticket is an offer by the Borough of Jim Thorpe extended to a person to settle a violation by paying the fine in lieu of a citation being issued against the violator.
WEEDSA. All grasses, annual plants, and vegetation, which meet any of the following criteria:
(1) Exceed eight inches in height.
Exhale unpleasant noxious odors or pollen such as ragweed, dandelion, and miscellaneous other vegetation commonly referred to as weeds or brush.
May conceal filthy deposits or serve as breeding places for mosquitoes, other insects, or vermin.
May cause a public nuisance.
Weeds shall not include cultivated and managed vegetation planted for edible or ornamental purposes such as vegetable gardens, trees, shrubs, flowers, etc.
YARDAn open space on the same lot with a structure.