[Adopted as Article 721 of the Codified Ordinances]
As used in this article, the following terms shall have the meanings indicated:
DUMP
Any lot or tract of ground of an area of more than 200 square feet within the corporate limits which is used for the depositing of earth, ashes or other refuse or waste matter, whether such ground is so used by one or more parties or by the public or is used permissively, adversely, gratuitously, for pay or otherwise.
[Amended 5-12-1998 by Ord. No. 4-1998; 9-14-2004 by Ord. No. 17-2004]
A. 
The Department of Housing and Neighborhood Development of the City shall have charge of and supervision over all dumps within the City, and the Bureau may at any time in its discretion have the power to declare any dump in the City a public nuisance because of offensive smoke, odors, dust, etc., and may proceed accordingly by injunction, criminal prosecution or otherwise.
B. 
No person, corporation, partnership or other entity shall establish a dump within the City without first obtaining a permit from the Board of Health. The Board of Health shall not issue a permit to establish a dump unless the applicant has demonstrated that the dump will not be injurious to the public health or the environment (including surface and ground water), will not result in offensive odors, litter or rubbish from passing onto or over neighboring properties and will not attract insects, rodents or other vermin. The permit from the Board of Health shall be in addition to all other requirements of the Code of the City of Lancaster, state and federal law.
[Amended 5-12-1998 by Ord. No. 4-1998; 9-14-2004 by Ord. No. 17-2004]
All owners of any dumps within the corporate limits shall be required to pay an annual inspection fee of $250 annually to the City of Lancaster as of September 1 of each and every year. Each applicant shall make application upon blanks obtained from the Secretary of the Department of Housing and Neighborhood Development, which shall contain the written approval of the Chief of the Fire Bureau.
Hereafter no person or corporation, whether as owner, lessee, occupier, ashman or in any other capacity, shall deposit or permit to be deposited on any dump within the City any paper, cardboard, garbage, manure, discarded furniture, household appliances, automobile bodies or fenders, flammable, putrescible, fermentable or disease or vermin breeding matter or rubbish of any nature whatsoever.
[Amended 5-12-1998 by Ord. No. 4-1998; 9-14-2004 by Ord. No. 17-2004]
All dumps within the City shall at all times be subject to the inspection of the Health Officer, Chief of the Fire Bureau or any duly authorized representative of the Department of Housing and Neighborhood Development.
A. 
No person shall kindle or maintain or permit to be kindled or maintained any fire on any dump without first having obtained a written permit from the Chief of the Fire Bureau, which shall be issued only upon:
(1) 
Payment to the City Treasurer of a fee of $5, which fee shall be in addition to the annual inspection fee of $5;
(2) 
The execution and delivery to the City Clerk of a written agreement by the owner of the dump to pay the City the prevailing ordinance rates for all water consumed, as estimated by the Chief of the Fire Bureau by length of flow and number and size of hose lines, in extinguishing dump fires which may escape from or occur outside of incinerators; and
(3) 
The approval by the Chief of the Fire Bureau of the incinerator or fireplace in which such fires are to be confined.
B. 
Such permit shall be valid for a period of one year, subject to compliance with all the provisions of this article, violation of any of which shall be cause for forfeiture thereof.
The owner, lessee or any other person operating the dump shall furnish a custodian who shall be present at all times whenever a dump is open, and the hours when such custodian is on duty shall be posted in a conspicuous place upon the premises.
All paper, litter, refuse and other material brought to the dump to be burned, but not permanently deposited, shall be kept dry until burned, and if not dry when brought to the dump, shall be thoroughly dried in an enclosed place from which it cannot blow away.
No dump shall be raised above the street grade as established by the City Engineer. The last three feet before reaching the City grade shall be a clean earth fill.
In any prosecution for violation of this article, no owner or occupier of a dump shall be permitted to make defense that acts complained of were done without his knowledge or privy, unless he has maintained a dump tender on the dump throughout dumping hours as posted, shall have locked or barricaded all vehicular access thereto during all other hours and shall have conspicuously posted notices of the principal provisions hereof at each vehicular entrance to such dump.
[Amended 8-22-2000 by Ord. No. 6-2000]
Whoever violates any provision of this article shall, upon conviction thereof, be fined not less than $250 nor more than $1,000 and, in default of the payment thereof, shall be imprisoned for not more than 30 days.