Borough of Middleburg, PA
Snyder County
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Table of Contents
Table of Contents

§ 7-101 Fire Company Recognized.

[Ord. 234, 6/15/1993, § 1]
Reliance Hose Company No. 1, a volunteer fire company, organized and existing in the Borough of Middleburg, Snyder County, Pennsylvania, is hereby designated as the officially recognized fire company for the Borough.

§ 7-102 Authorized Activities of the Fire Company.

[Ord. 234, 6/15/1993, § 2]
1. 
The fire company recognized by the Borough is hereby authorized to provide such services to the Borough as may be necessary for the protection of property and persons situate therein, which include, by way of example and not of limitation, the extinguishment and prevention of loss of life and property from fire, automobile accidents, medical emergencies, hazardous materials incidents and other dangerous situations.
2. 
The fire company may also provide nonemergency and public service functions, such as, again by way of example and not of limitation, removing water from property after storms and assisting in the removal, abatement and prevention of damage or injury to persons or property, whether through natural causes or man-made situations.
3. 
The fire company may also conduct and participate in such training activities and drills, either within or outside the Borough, as may be deemed necessary by the officers of the fire company to maintain proficiency in providing service.
4. 
The fire company may also respond to calls and provide services to municipalities outside of the Borough.

§ 7-103 Authorized Activities of Members of the Fire Company.

[Ord. 234, 6/15/1993, § 3]
In addition to actually participating in the activities of the fire company as authorized above, or in going to or returning from any activity, the members of the fire company recognized by the Borough are also authorized to do the following things:
A. 
Engage in any type of drill, training, ceremony, practice, test or parade when duly called for or authorized by an officer or officers of the fire company.
B. 
Engage in fund-raising activities for the fire company, when authorized by an officer or officers of the fire company.
C. 
Engage in the performance of any other duty or activity authorized by any officer of the recognized fire company.

§ 7-104 Purpose.

[Ord. 234, 6/15/1993, § 4]
The purpose of this Part is to recognize Reliance Hose Company No. 1 as the official fire company of the Borough and to state additional authorized activities for firefighters for workers' compensation purposes.

§ 7-201 Purpose.

[Ord. 319, 6/11/2013]
The Borough hereby declares it to be necessary to provide for the proper restriction and regulation of outdoor burning within the Borough in order to protect the public health, safety and welfare. This Part 2 is enacted to promote the general health, safety and welfare of the community by setting forth regulations on outdoor burning, enforceable by the Borough, that are more stringent than the outdoor burning regulations of the Pennsylvania Department of Environmental Protection or its successor.

§ 7-202 Definitions.

[Ord. 319, 6/11/2013]
The following words, used in this Part 2, shall have the meanings given to them in this section, unless the context clearly indicates otherwise:
AIR CONTAMINANT
Smoke, dust, fumes, gas, odor, mist, vapor, pollen or any combination thereof.
BOROUGH
The Borough of Middleburg, Snyder County, Pennsylvania.
BOROUGH ADMINISTRATOR
The duly appointed Administrator for the Borough of Middleburg, Snyder County, Pennsylvania.
BURN or BURNING
The undergoing of rapid combustion of a substance in such a manner as to give off heat, gases and usually, but not always, light.
BURN CONTAINER
Any noncombustible container or enclosure used primarily for the disposal of sylvan materials through burning, which does not contain holes greater than one inch and which is covered by a wire mesh or other noncombustible cover to prevent fly ash from escaping into the atmosphere.
GARBAGE
Any discarded animal or vegetable matter.
MALODOROUS AIR CONTAMINANTS
Air contaminants which have an odor that causes annoyance or discomfort to the public and that the Borough determines to be objectionable to the public.
OPEN AREA
A portion of privately owned land which is situated so that it is free of any and all overhead obstructions, including but not limited to trees, branches, buildings, wires and cables, so that it is not a fire hazard when in use. An "open area" shall not include a public street, alley or road.
PERSON
A natural person, firm, partnership, association, corporation, trust or any entity with legal responsibilities. Whenever used in any clause prescribing or imposing a fine or imprisonment, or both, "person" shall mean, as applied to associations, the partners or members thereof and, as applied to corporations, the officers thereof.
PLASTIC
Any synthetic or natural organic materials made from or consisting of resins, resinoids, polymers, cellulose derivatives, casein materials and proteins.
RUBBER
A highly elastic solid substance polymerized by the drying and coagulation of the latex of rubber trees and plants.
RUBBISH
Any unwanted material that is rejected or discarded, including but not limited to debris, litter, trash, refuse and disposable diapers.
SYLVAN MATERIALS
Any substance made exclusively of wood, including but not limited to newspapers, magazines, brush, trees and similar natural items, but specifically excluding leaves.

§ 7-203 Prohibited Burning.

[Ord. 319, 6/11/2013]
No person shall burn garbage, rubbish, rubber, plastic, furniture, glass, metals, cans, car products, leaves or any other material that creates malodorous air contaminants in any manner within the Borough unless otherwise authorized in writing by the Pennsylvania Department of Environmental Protection or its successor. Except as otherwise provided in this Part 2, all outdoor burning is prohibited within the Borough.

§ 7-204 Permitted Burning.

[Ord. 319, 6/11/2013]
The prohibition of § 7-203 above shall not apply where the burning results from:
A. 
A fire set to prevent or abate a fire hazard, when approved by the Borough Administrator and set by or under the supervision of the Fire Chief or Chief of Police;
B. 
Any fire set to instruct personnel in firefighting, when approved by the Borough Administrator;
C. 
A fire set for the prevention and control of disease or pests, when approved by the Borough Administrator;
D. 
A fire set solely for ceremonial purposes by bona fide groups of individuals, such as hunting camps, or public organizations, such as Boy Scouts or Girl Scouts;
E. 
A fire set solely to cook food for immediate consumption such as would be prepared on a campfire, charcoal grill or gas grill;
F. 
Any fire of dry, not green, wood, wood chips, and/or charcoal which is contained by a noncombustible structure no greater than three feet in diameter or three feet square.
[Amended by Ord. 325, 1/13/2015]
G. 
A fire set to dispose of sylvan materials, provided all of the following conditions are met:
(1) 
The fire is contained in a burn container;
(2) 
The fire is not within 10 feet of any building, property line or street line;
(3) 
Only sylvan materials are burned; and
(4) 
The fire occurs only during the following times:
(a) 
Monday and Wednesday from 7:00 a.m. to 7:00 p.m., Eastern Standard Time.
(b) 
Saturday from 7:00 a.m. to 11:00 a.m., Eastern Standard Time.

§ 7-205 Special Prohibitions and Requirements.

[Ord. 319, 6/11/2013]
1. 
The Borough Council or the Snyder County Commissioners may prohibit any and all outdoor fires when atmospheric conditions or local circumstances make such fires hazardous.
2. 
The burning of any material upon any public street or alley is prohibited.
3. 
A responsible adult must be outside near the fire at all times when any outdoor burning takes place.
4. 
All fires must be extinguished thoroughly; no smoldering is allowed at any time.

§ 7-206 Penalties.

[Ord. 319, 6/11/2013]
1. 
Any person who violates any provision of this Part 2 shall be sentenced:
A. 
Upon the conviction of a first violation, to pay a fine of not less than $100 nor more than $500, and costs of prosecution, and in default of payment of such fines and costs, to imprisonment for not more than 30 days.
B. 
Upon conviction for a second or subsequent violation, to pay a fine of not less than $500 nor more than $1,000, and costs of prosecution, and in default of payment of such fines and costs, to imprisonment for not more than 90 days.
2. 
Each day that a violation continues after notice of the violation has been served shall be deemed to be a separate offense.

§ 7-207 Enforcement.

[Ord. 319, 6/11/2013]
The provisions of this Part 2 shall be enforced by the Borough police or by civil action, or both, as the Borough may elect.