[HISTORY: Adopted by the Borough Council of the Borough of
Waterford 10-11-1993 by Ord. No. 3-1993; amended in its entirety at time
of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent
amendments noted where applicable.]
The following words, terms, and phrases, when used in this chapter,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them.
The act of consuming by fire; to flame, char, scorch, or
blaze.
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
Any individual, public or private corporation, for profit
or not for profit, association, partnership, or any other legal entity
whatsoever which is recognized by law as the subject of rights and
duties.
Has the same meaning as burning; and any smoldering shall
be deemed a burning.
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery, and other vegetative material.
It shall be unlawful for any person to burn any material in
outside open fires within the geographical confines of the Borough
of Waterford, County of Erie and Commonwealth of Pennsylvania, provided
that the provisions of this chapter shall not apply to:
A.
A fire set for the purposes of burning that amount of yard waste
generated from the premises of a structure occupied solely as a dwelling
by two families or less, when the fire is on the premises of said
structure; or a fire set for the purpose of burning nonrecyclable
paper products generated from one dwelling, when the fire is on the
premises of a structure occupied solely as a dwelling by two families
or less and when the nonrecyclable paper products results from the
normal occupancy of said structure, under the following conditions:
(1)
Such burning shall be in a container no larger than the size of a
fifty-five-gallon drum; and
(2)
Such burning shall take place only on Wednesday and Saturday during
the following hours:
(3)
Such burning shall take place within the confines of property and
shall not be closer than six feet to any property line.
(4)
Such burning shall be the responsibility of the household adult.
(5)
Person(s) conducting such burning shall have a supply of water available
through a hose or other extinguisher, at the site of the fire, for
purpose of extinguishing said fire should same become necessary.
B.
A fire set solely for cooking food so long as person(s) conducting
such burning shall have a supply of water available through a hose
or other extinguisher, at the site of such fire, for purpose of extinguishing
said fire should same become necessary.
Exceptions to the foregoing conditions may be approved by Borough
Council at a regular Council meeting.
A.
The Waterford Borough's Ordinance Enforcer, Zoning Officer,
or other duly authorized agent shall have the power and duty to enforce
the provisions of this chapter.
B.
Waterford Borough may issue such orders as are necessary to aid the
enforcement of this chapter. These orders shall include, but shall
not be limited to, orders requiring persons to cease unlawful open
burning which, in the course of its occurrence, is in violation of
any provision of this chapter; orders to take corrective action or
to abate a public nuisance; orders requiring the testing, sampling,
or monitoring of any open burning; or orders requiring production
of information.
It shall be unlawful to fail to comply with or to cause or assist
in the violation of any of the provisions of this chapter or to fail
to comply with any order or other requirements of Waterford Borough;
or to cause a public nuisance; or to cause air, soil, or water pollution
resulting from an open burning incident; or to hinder, obstruct, prevent,
or interfere with Waterford Borough or its personnel in their performance
of any duty hereunder. A violation of this chapter or any other order
issued by Waterford Borough under this chapter shall constitute a
public nuisance. Waterford Borough shall have the authority to order
any person causing a public nuisance to abate the public nuisance.
A.
Criminal
penalties. Any person who violates any provision of this chapter or
any order of Waterford Borough issued pursuant to this chapter commits
a summary offense and shall, upon conviction, be sentenced to pay
a fine of not less than $100 nor more than $2,500 for each separate
offense and, in default of the payment of such fine, may be sentenced
to imprisonment for 90 days for each separate offense. Employees of
Waterford Borough authorized to conduct inspections or investigations
are hereby declared to be law enforcement officers authorized to issue
or file citations for summary violations under this chapter, and the
Borough's Solicitor is hereby authorized to prosecute these offenses.
For purposes of this subsection, a summary offense may be prosecuted
before any Magisterial District Judge in this municipality.
B.
Civil penalties.
In addition to proceeding under any other remedy available at law
or in equity for a violation of a provision of this chapter or any
order issued pursuant to this chapter, Waterford Borough may assess
a civil penalty for the violation up to allowable legal limits as
set forth in the Air Pollution Control Act (APCA), as amended, 35
P.S. §§ 4009, 4009.1, and 4012(g). The penalty may
be assessed whether or not the violation was willful.
This chapter shall have no effect whatsoever with respect to
the application of any and all Pennsylvania state regulations regarding
pollution standards, and any violations or fines connected therewith.
The provisions of this chapter are severable, and if any section,
clause, sentence, part, or provision thereof shall be held illegal,
invalid, or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, clauses, sentences, parts, or provisions of this chapter.
It is hereby declared to be the intent of the Waterford Borough Council
that this chapter would have been adopted if such illegal, invalid,
or unconstitutional section, clause, sentence, part, or provision
had not been included herein.
