[HISTORY: Adopted by the Township Committee of the Township of Lumberton 7-5-1988 as Ord. No. 1988-14 (part of Ch. IV of the 1973 Code). Amendments noted where applicable.]
Garbage, rubbish and refuse — See Ch. 162.
As used in this chapter, words and phrases shall have the meanings ascribed to them in Chapter II of the New Jersey Air Pollution Control Code.
No person shall cause, allow or permit the open burning of garbage, rubbish, plant life or trade wastes, except as follows:
For the limited purpose of outdoor cooking where done with equipment or fireplaces designed for such purpose and in a manner so as not to become offensive or a nuisance to persons in the vicinity.
Fires ignited solely for the purposes of training or research in fire protection or prevention.
Flares or other signal devices for the prevention of accidents or warning of safety hazards.
Variances granted by the Department of Environmental Protection.
Special permits authorizing open air burning for special events conducted by, for and under supervision of public, charitable, religious or non-profit civic or community organizations must be approved by the Fire Official upon application showing the purpose, time, place, date and manner of supervision and control, provided that the activities are not prohibited by the New Jersey Air Pollution Control Code, that no undue or unnecessary air pollution shall be caused and that supervision and control is adequate to protect the public safety, health and welfare.
Maximum penalty. For violation of any provisions of this chapter, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
Separate violations. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $100.