[Adopted as Article 721 of the Codified Ordinances]
As used in this article, the following terms
shall have the meanings indicated:
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.
All water consumed in the extinguishment of
any dump fire shall be paid by the registered owner of the real estate
thereof at the prevailing ordinance water rates.
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.
[Amended 8-22-2000 by Ord. No. 6-2000]
No fires shall be started except in the fireplaces
or incinerators approved by the Chief of the Fire Bureau and maintained
and located as he shall direct.
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 material shall be burned which produces an
offensive smoke or odor, and no fires shall be kindled or maintained
in damp, cloudy, foggy or windy weather or any time between sunset
and sunrise.
Tin cans and other receptacles which may collect
water or other fluids shall not be permitted to remain on any dump,
except on the open face which is being used frequently.
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.
No person shall deposit any material upon any
dump except during dumping hours as posted.
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.
