[Ord. 82-9, 7/20/1982 § 2; as amended by Ord. 85-5,
7/16/1985, § 2; by Ord. 89-05, 5/16/1989, § 1;
Ord. 90-5, 10/16/1990, § 1; and by Ord. 2006-2, 3/21/2006,
§ 1]
1.
Except as otherwise provided in this Part, no person shall burn any
nonburnable materials anywhere in the Borough of Mifflinburg.
A.
Nonburnable Materials. The following is a partial list of those materials
that are classified as "nonburnable" under the guidelines of this
Part.
(1)
Plastic, rubber, oils, asbestos, composition boards, shingles, felt
paper, canvas, fiberglass, vinyl, or any similar materials, or any
combination of the above with any other materials.
(2)
Human or animal waste, sanitary napkins, diapers, food solids, oil
filters, or any other materials, individually or in combination, that
emit smoke, or acrid, obnoxious or toxic odors.
(3)
Grass, green twigs or leaves.
B.
The above is a partial list of those items and materials prohibited
under the guidelines of this Ordinance. Any other materials that do
not comply fully with the intent of this Ordinance, or otherwise create
a nuisance to people or animals are strictly prohibited.
2.
Exceptions to Nonburning Prohibitions. The prohibitions of § 9-21 shall not apply where the burning results from:
A.
A fire set solely for ceremonial purposes, when approved by the Borough
Council, or Mayor;
B.
A fire set to prevent or abate a fire hazard, when approved by the
Borough Council, or Mayor, and set by or under the supervision of
the Fire Chief, or his designee, or the Chief of Police, or his designee;
C.
A fire set for the purpose of instructing personnel in firefighting,
when approved by the Borough Council, or Mayor;
D.
A fire set for the prevention and control of disease or pests, when
approved by the Borough Council, or Mayor;
E.
A fire set solely for cooking food; or
F.
A fire of wood, wood chips and/or charcoal in a ceramic, brick, or
steel burner container commonly known as a "chiminea" for the purpose
or purposes of heating and/or illuminating an outdoor area. No other
sylvan materials, rubbish, plastic, rubber, garbage or non-burnable
materials shall be burned in the burn container mentioned in the subsection.
While in use, the person or persons burning shall attend burners and
no burner shall be unattended, nor shall it be allowed to smolder
or emit excessive smoke. Persons using such burners shall be solely
liable for any and all harm or damage caused by or associated with
such use, and the Borough by regulating such activity by this Part
is in no way responsible for liable or any such harm or damage. Persons
using this type of burner may do so at their own risk.
3.
Fire Warning. By duly enacted resolution, the Borough Council may,
from time to time during periods of drought or other dry conditions,
issue a fire warning and prohibit all burning within the Borough except
as otherwise authorized by the Pennsylvania Department of Environmental
Protection or its successor. The prohibition may also include the
discharge or ignition of sparklers and other devices otherwise not
classified as fireworks and controlled as such by the laws of the
Commonwealth of Pennsylvania. Notice of such warning and prohibition
shall be advertised one time in a newspaper of general circulation
within the Borough. Violations of any such resolutions shall constitute
a violation of this Part and shall be subject to the penalties provided
herein.
[Ord. 82-9, 7/10/1982, § 3; as amended by Ord.
2006-2, 3/21/2006, § 1]
The provisions of this Part shall be enforced by the Mifflinburg
Borough Police Department and/or the Mifflinburg Borough Fire Marshal.
[Ord. 82-9, 7/10/1982, § 3; as amended by Ord.
2006-2, 3/21/2006, § 1]
Any person who burns or attempt to burn any nonburnable items
shall be in violation of the provision of this Part. Upon the conviction
of a first violation in a court of proper jurisdiction, that person
shall be sentenced 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. Upon conviction,
as set fourth herein, for second and/or subsequent violations, the
sentence imposed shall be a fine of not less than $500 or not more
than $1,000 and costs of prosecution, and in default of payment of
such fines and cost, to imprisonment for not more than 90 days.
[Ord. 82-9, 7/10/1982, § 5; as amended by Ord.
85-5, 7/16/1985, § 2; and by Ord. 2006-2, 3/21/2006, § 1]
In interpreting any of the provisions of this Part, the following
principle shall be governing. This Part shall not supersede any provision
of any law of the Commonwealth of Pennsylvania or of any regulation
promulgated by any department or agency of the Commonwealth with authority
of the law, where such law or regulation is in conflict with or identical
to a provision of this Part. However, any provision of this Part that
is stricter than or in addition to any state law or regulation governing
the subject matter of this Part shall be in effect and shall be enforced
within the Borough of Mifflinburg, subject to the penalties herein
described for a violation of said ordinances hereby adopted (i.e.,
Ord. 2001-1[1]).
