§ 46-1-1. Definitions.  


Latest version.
  • (a)

    A public health or safety menace means any condition which might endanger the health or safety of the public, including but not limited to:

    (1)

    Unsanitary or improper storage or disposal of trash, garbage, refuse, debris, other solid waste or hazardous waste;

    (2)

    Unburied dead animals;

    (3)

    Accumulation of water causing mosquito or other vector breeding or proliferation;

    (4)

    Rodent or insect infestation;

    (5)

    Accumulation of bees, fowl or animals in such a manner to create a condition that may be injurious to the public health or safety;

    (6)

    Hazards such as open excavations, open wells, pits, trees or parts thereof in danger of falling, or habitation for bats, wasps or other venomous pests;

    (7)

    Garbage which is not contained in a water-tight, rodent-proof container which is equipped with a tight-fitting lid;

    (8)

    Improper disposal of medical, dental, veterinary or pharmaceutical equipment or supplies, including but not limited to syringes, needles, scalpels, and blades or other medicinal items in solid or liquid form, in such a manner as to make it possible for any other person to retrieve and utilize said equipment or supplies;

    (9)

    Any building or structure that is deteriorated, improperly maintained, of faulty construction, deficient in adequate exit facilities, a fire hazard, or dangerous to life or the public welfare, or both;

    (10)

    Any building or structure that is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is likely;

    (11)

    Any unsecured or open vacant structure;

    (12)

    Any structure that is determined to be dangerous to the occupants or the public because of the degree to which the structure is in disrepair or lacks maintenance, ventilation, illumination, sanitary or heating facilities or other essential equipment or if the required plumbing and sanitary facilities are inoperable;

    (13)

    Any other condition that may be injurious to the public health or safety.

    (b)

    County Executive shall mean the County Executive or his designee.

    (c)

    Director shall mean the Director of the Health Department or his designee.

    (d)

    Code Official shall mean the Building Code Official or the Property Maintenance Code Official as applicable or his designee.

    (e)

    Disposal means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, include groundwaters.

    (f)

    Hazardous waste means a solid waste or combination of solid waste which, because of its quantity, concentration or 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, disposed of, or otherwise managed.

    (g)

    Occupant shall include the lessee of vacant land.

    (h)

    Public nuisance means, but is not limited to, dangerous or unhealthy substances which have escaped, spilled, been released or which have been allowed to accumulate in or on any place and all unsafe, dangerous, or unsanitary public or private buildings, walls or structures which constitute a menace to the health and safety of the occupants thereof or the public.

    (i)

    Sanitary landfill means a disposal facility for solid waste so located, designed and operated that it does not pose a substantial present or potential hazard to human health or the environment, including pollution of air, land, surface water or groundwater.

    (j)

    Solid waste means any garbage, refuse, sludge and other discarded material, including solid, liquid, semisolid or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations and from community activities, but does not include (i) solid or dissolved material in domestic sewage (ii) solid or dissolved material in irrigation return flows or in industrial discharges which are sources subject to a permit from the State Water Control Board, or (iii) source, special nuclear, or byproduct material as defined by the Federal Atomic Energy Act of 1954, as amended. (6-7-61; 1961 Code, § 15A-1; 4-78-46; 39-88-46; 3-92-46; 78-08-46; 41-14-46.)