[HISTORY: Adopted by the Borough Council of the Borough of Moosic at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
The purpose the Borough of Moosic in adopting this chapter is to regulate and prohibit the burning, ignition and combustion of rubbish, garbage and other materials within the Borough of Moosic to promote and protect the health, safety and welfare of the citizenry.
As used in this chapter, the following terms have the meanings indicated, unless otherwise expressly stated:
- The Borough of Moosic, Lackawanna County, Pennsylvania.
- BOROUGH COUNCIL
- The members of the Borough Council of the Borough of Moosic, Lackawanna County, Pennsylvania.
- BOROUGH SECRETARY
- The duly appointed Secretary to the Borough Council of the Borough of Moosic, Lackawanna County, Pennsylvania.
- A man-made structure, whether it is permanent or temporary, utilized for sheltering people, animals, property or business activity. The term "building" and the term "structure" are used interchangeably in this chapter.
- To ignite or set on fire any material for the purposes of disposing/reducing such material, creating heat or creating light.
- FIRE DEPARTMENT
- Any chartered volunteer fire department of the Borough of Moosic, Lackawanna County, Pennsylvania.
- Any discarded part of vegetables, fruit, meat or other food substances, both liquid and solid, which are subject to decay, which result from the handling, preparation, cooking, serving or consumption of food and food containers.
- NAUSEOUS OR NOXIOUS FUMES
- Gases, smoke or fumes resulting from burning which are harmful or injurious to the health or physical well-being of persons or that cause sickness of persons.
- NONRESIDENTIAL BUSINESS OPERATIONS
- Any business, operation or establishment which is nonresidential by nature, including commercial, institutional or industrial operations. A “commercial establishment” is any business or operation which is engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters. An “industrial establishment” is any business or operation which is engaged in manufacturing and industrial processes, including but not limited to factories, mills and refineries. An “institutional establishment” is any organization devoted to the promotion of a public, educational or charitable character, including but not limited to public buildings, hospitals, nursing homes, orphanages, schools and universities.
- The igniting, setting or maintenance of a fire in a manner which is not in compliance with the rules and regulations of this chapter.
- Any natural person, partnership, firm, company or corporation.
- POLICE DEPARTMENT
- The Police Department and its officers and employees of the Borough of Moosic, Lackawanna County, Pennsylvania.
- RESPONSIBLE ADULT
- Any individual person over the age of 18 years of age who is mentally competent.
- Any discarded waste materials, including but not limited to scrap, metal, furniture, windows, boxes, crockery or paper, but not including garbage or dead animals.
No person shall burn, ignite or cause to be burned any rubbish, garbage or any other material within the right-of-way of any public street, alley, road or public way.
No person shall burn, ignite or cause to be burned any garbage on any private land or public land within the Borough of Moosic, whether or not such burning of such garbage occurs within the confines of a building or outside the confines of a building.
No nonresidential business or operation, including but not limited to commercial, institutional or industrial establishments, shall burn, ignite, or cause to be burned any materials, whether the materials are garbage or rubbish or whether it is inside or outside the confines of a building, unless such an establishment has a permit from the Pennsylvania Department of Environmental Protection to burn such materials.
No person shall deliberately set a fire for the purpose of removing, razing or tearing down an existing building or structure.
The enforcement of the rules and regulations of this chapter shall be carried out by the Police Department or the Code Enforcement Officer of the Borough of Moosic in conjunction with and in coordination with the Fire Department of the Borough of Moosic.
Any person who has ignited a fire contrary to the rules and regulations of this chapter shall, upon notice by an officer of the Police Department or a member of the Fire Department or the Code Enforcement Officer, immediately extinguish the fire.
If, after being brought to the attention of the Police Department, an officer of the Police Department observes that a person has maintained or permitted the maintenance of a nuisance or has violated any provision of this chapter, an officer of the Police Department shall issue a warning notice, except as noted in § 112-8 of this chapter, to the person or persons who have maintained or permitted the maintenance of such a nuisance or have violated any provision of this chapter.
The warning notice shall state, at a minimum, the date of the violation, the location of the violation, the person who is being issued the violation notice, the nature of the violation and the sections which define the violation.
Persons who have been given a warning notice on one or more than one occasion with respect to violations described in this chapter may, at the discretion of the officers of the Police Department, be issued a citation for violating this chapter rather than first issuing a warning notice that continued violations of this chapter exist.
Any regulations by the Commonwealth of Pennsylvania or the government of the United States of America pertaining to burning of any materials shall supersede the rules and regulations of this chapter where such rules and regulations are more stringent than the rules and regulations of this chapter. Where the rules and regulations of this chapter are more stringent than the rules and regulations of either the Commonwealth of Pennsylvania or the government of the United States of America, the rules and regulations of this chapter shall control.
Any fire training conducted by the Borough Fire Department or another recognized public fire-fighting organization shall not be bound by the rules and regulations of this chapter when such organization is conducting fire-fighting training.
Any person who violates any provision of this chapter shall, upon conviction thereof, pay a fine of not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, be sentenced to imprisonment for a term not to exceed 30 days. Every day that a violation continues shall constitute a separate violation.
The remedies provided herein for the enforcement of this chapter or any other remedy provided by law shall not be mutually exclusive. Rather, any and all remedies may be applied simultaneously or consecutively at the option of the Borough Council.