[HISTORY: Adopted by the Board of Commissioners of the Township of Aleppo 1-14-1969 by Ord. No. 49. Amendments noted where applicable.]
Fire prevention — See Ch. 193.
This chapter shall be known and may be cited as the "Aleppo Township Air Pollution Control Ordinance of 1968."
Whereas the Board of Commissioners of Aleppo has determined that air pollution from an open fire may be detrimental to the health, comfort, living conditions, welfare and safety of the citizens of Aleppo Township, it is hereby declared to be the policy of Aleppo Township to safeguard the citizens of Aleppo Township from such air pollution.
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 Township Board of Commissioners.
- Any enclosed device specifically designed for the burning of any material for the production of heat.
- All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
- Any device specifically designed for the destruction by burning of refuse, sewage sludge or any other combustible material.
- OPEN FIRE
- A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator.
- Any individual, partnership, association, syndicate, company, firm, trust, corporation, department, bureau, agency or other entity recognized by law as the subject of rights and duties.
- Garbage, rubbish and trade waste as defined herein, but not to include wood, brush, tree trimmings, paper or paper products or waste products resulting from normal household use.
- Solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, excelsior, ashes, furniture, tin cans, glass, crockery, masonry and other similar materials.
- SALVAGE OPERATION
- Any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, including, but not limited to, metals, chemicals, shipping containers or drums.
- TRADE WASTE
- All solid or liquid material or rubbish resulting from construction, building operations or the prosecution of any business, trade or industry, including, but not limited to, plastic products, cartons, paint, grease, oil and other forms of solid or liquid waste materials; provided, however, that trade waste shall not include any coal refuse associated with the mining or preparation of coal.
The Township of Aleppo (Chief of Police, Fire Chief, health officer, or any other duly authorized agent) shall have the power and duty to enforce the provisions of this chapter.
After the effective date of this chapter, no person shall ignite or feed an open fire for the destruction of refuse or in the conduct of a salvage operation in any public or private place outside of any building or cause, suffer, allow or permit the maintenance of any open fire for the destruction of refuse or in the conduct of a salvage operation on any property under his control outside of any building; provided, further, that no burnings whatsoever of any kind, whether of prohibited or permitted categories, will be permitted on any Sunday or legal holiday.
Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for the prevention of a fire hazard which cannot be abated by other means or the protection of public health; provided, however, that nothing contained herein shall be construed to interfere or conflict with the present county regulations requiring the obtaining of permits for burning coming within the provisions of the county regulations, and these burnings shall continue to require permits in accordance with the provisions of the county regulations.
[Amended 6-11-1985 by Ord. No. 124]
Any person violating any of the provisions of this chapter shall, upon conviction thereof by any Magisterial District Judge, be sentenced to pay a fine of not less than $25 nor more than $150, together with costs, for the first violation and not less than $50 nor more than $300, together with costs, for the second and subsequent violations. Each day that a violation exists shall constitute a separate offense. In default in the payment of any fine, the defendant shall be sentenced to jail for a period not exceeding 30 days.