The following words, terms, and phrases when used in this article shall be defined as follows, unless the context clearly indicates otherwise:
(a) Abandoned Vehicle: A vehicle shall be presumed to be abandoned under any of the following circumstances, but the presumption is rebuttable by a preponderance of the evidence:
(1) The vehicle is physically inoperable and is left unattended on a public right of way for more than 48 hours;
(2) The vehicle is left unattended on a public right of way for more than 48 hours and does not bear all of the following:
A. A valid registration plate;
B. A current certificate of inspection;
C. An ascertainable vehicle identification number;
(3) The vehicle has remained on private property without the consent of the owner or person in control of the property for more than 24 hours.
(4) For the purposes of this article a vehicle shall be a motor vehicle as defined by the Commonwealth of Pennsylvania or any watercraft or other vehicle that is either self-propelled or meant to be towed by another vehicle.
(b) Authorized Litter Receptacle is a litter collection receptacle which is placed on the public right-of-way or on public property to deposit small quantities of hand-held trash, but not household or commercial waste.
(c) Dumping includes, but is not limited to, depositing of litter, depositing of durable goods (refrigerators, washers, dryers, mattresses, etc…), small appliances, furniture, carpets, tires, vehicles, vehicle parts and automotive products and other such municipal waste, hazardous waste, residual waste and construction or demolition debris on public or private property, except as authorized in Article 951, Municipal Solid Waste Management Act and Article 952, Waste Minimization and Recycling, of the York City Ordinances.
(d) Hazardous Waste means any waste material or combination of solid, liquid, semisolid, or contained gaseous material that because of its quantity, concentration, physical, chemical, or infectious characteristics may:
(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or
(2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed.
(e) Household Hazardous Waste (HHW) is waste which would chemically or physically be 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 such as: Pesticides and herbicides, cleaners, automotive products, paints, and acids.
(f) Junked Vehicle means any vehicle which presents a hazard or danger to the public or is a public nuisance by virtue of its state or condition of disrepair.
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;
(2) Broken glass or windows on or in the vehicle;
(3) Leaking of any fluids from the vehicle or deflated or flat tire(s);
(4) Unsecured and/or unlocked doors, hood or trunk;
(5) Storage or placement of the vehicle in an unbalanced condition, on concrete blocks or other similar apparatus;
(6) Harboring of rodents, insects or other pests.
The foregoing examples are not inclusive of all conditions which may constitute a state or condition of disrepair.
(g) Litter includes, 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, dirt, mud and yard waste that has been abandoned or improperly discarded, deposited or disposed.
(h) Minor shall mean any person under the age of eighteen (18) years.
(i) Municipal Waste means any garbage, refuse, industrial, lunchroom or office waste, and other material including solid, liquid, semisolid, or contained gaseous material resulting from operation or residential, municipal, commercial, or institutional establishments or from community activities and which is not classified as residual waste or hazardous waste as defined herein.
(j) Notice of Violation is a written document issued to a person in violation of a City ordinance which specifies the violation and contains a directive to take corrective action within a specified time frame or face further legal action.
(k) Person means every natural person, firm, corporation, partnership, association, or institution.
(l) Private Property means any land and the improvements thereon owned by any person and includes front, side and rear yards; vacant lots, buildings and other structural improvement; walkways and alleyways; and parking areas, designed or used either wholly or in part for private residential, industrial or commercial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
(m) Public Officer means any police officer, authorized inspector, or public official designated by the Mayor to enforce the City Ordinance.
(n) Public Nuisance means any condition or premises which is unsafe or unsanitary.
(o) Refuse container means a metal or plastic container sold for the purpose of storing refuse that is thirty-two gallons or less and, when filled, weighs less than forty pounds. Plastic bags up to thirty-two gallon capacity sold for the purpose of storing municipal waste may be substituted. Containers must have a handle and a tight fitting lid.
(p) Residual Waste means any 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.
(q) Responsible Agent means any person residing or working within the County of York designated to accept service on behalf of a legal owner or operator of a rental dwelling unit.
(r) Vegetation is any planting that is cultivated and managed for edible or ornamental purposes such as vegetable gardens, trees, shrubs, hedges, flowers, etc.
(s) Violation Ticket is issued by a police officer or public officer to a person who violates a provision of this Article.
(t) Weeds shall be defined as all grasses, annual plants and vegetation, which meet any of the following criteria:
(1) Exceed ten (10) inches in height;
(2) Exhale unpleasant noxious odors or pollen such as ragweed, dandelion and miscellaneous other vegetation commonly referred to as weeds or brush,
(3) May conceal filthy deposits or serve as breeding places for mosquitoes, other insects or vermin,
(4) 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.
(Ord. 11-2017. Passed 5-17-17.)