(a) It shall be unlawful for any persons, owners, tenants and lessees:
(1) To collect any designated recyclable material which has been placed at the pick-up point for collection or within a recycling drop-off pursuant to this article other than the designated contractor;
(2) To violate or to cause or to assist in the violation of any provision of this article or any provision of the Pennsylvania Act 101 concerning recycling;
(3) To place or to cause to be placed any material other than a designated recyclable in a designated recycling container or in or near a recycling drop-off;
(4) To hinder, obstruct, prevent or interfere with the City or their personnel or designated contractor in the performance of any duty under this article or in the enforcement of this article;
(5) To allow recyclable materials that have been scattered or spilled from containers or bundles by other than negligence of the recycling contractor to remain in the right of way;
(6) To cause or to assist in the unauthorized use of containers;
(7) To cause or allow any unauthorized accumulation of municipal solid waste or other nonrecyclable material within the recycling container which is hereby declared to be a nuisance and is prohibited. Failure of the property owner, tenant or lessee to remove the existing accumulation within five days shall be deemed in violation of same;
(8) Ignite, conduct, cause, feed, permit or maintain any open burning or open fire for the destruction of solid waste, leaf and yard waste or recyclables designated in this article at any location within the City of York, Pennsylvania.
Open burning may be detrimental to the health, comfort, living conditions, welfare, and safety of the citizens of the City of York, it is hereby declared to be the policy of the City of York to safeguard our citizens from such air pollution.
Designated recyclables must be recycled, and trash must be disposed of properly at a licensed landfill or at a licensed waste incinerator facility. Licensed facilities have emission controls and burn at much higher temperatures.
Open burning and burn barrels are extremely hazardous as fire may get out of control resulting in property damage and potentially loss of lives. Additionally, burning at low temperatures, may result in incomplete waste combustion and the formation of carcinogenic dioxins and furans, as well as other chemicals such as arsenic, formaldehyde and benezene.
Trash includes a lot of plastics, rubbers, inks and synthetic chemicals, all of which are dangerous when burned and released into the air.
(This section does not address recreational wood burning in firepits. Consult the International Fire Code adopted by the City of York for more regulations.)
(b) Any unsanitary or unsafe backyard compost pile as determined by the City shall constitute a public nuisance.
(c) All unlawful conduct set forth in this article shall constitute a public nuisance.
(Ord. 7-2020. Passed 3-17-20.)