Borough of Collingdale, PA Chapter 151 Burning, Open

[HISTORY: Adopted by the Borough Council of the Borough of Collingdale 5-1-1950 by Ord. No. 277; amended in its entirety 10-5-1987 by Ord. No. 568 (Ch. 7, Part 1, of the 1987 Code of Ordinances). Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Solid waste — See Ch. 495.

§ 151-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

BOROUGH COUNCIL

The Borough Council of the Borough of Collingdale.

FURNACE

Any enclosed device specifically designed for burning any material for the production of heat.

GARBAGE

All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.

INCINERATOR

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.

PERSON

Any individual, partnership, association, corporation, department, bureau, agency or other legal entity.

REFUSE

Garbage, rubbish and trade waste.

RUBBISH

Solids not considered to be highly flammable or explosive, including, but not limited to, rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings, 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 petroleum products, chemicals, cinders and other forms of solid or liquid waste materials, provided that "trade waste" shall not include any coal refuse associated with the mining or preparation of coal.

§ 151-2 Enforcement.

The Borough Council of the Borough shall have the power and duty to enforce the provisions of this chapter. The Mayor may from time to time suspend enforcement.

§ 151-3 Regulations.

A. Within the Borough limits, no person shall:

(1) 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 any building; or

(2) 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.

B. Exceptions.

(1) Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for:

(a) The prevention of a fire hazard which cannot be abated by other means; or

(b) The protection of public health.

(2) Open fires may be set with approval of the authorized enforcement agent of this chapter, provided:

(a) Leaves, branches and other nonputrescible vegetable matter only are burned.

(b) There is no practical available alternative method for disposal of the material to be burned.

(c) No hazardous or other objectionable condition will be created by such burning.

(d) No such burning is allowed on any street or sidewalk within the Borough.

(e) All such burning takes place between the hours of 9:00 a.m. and 9:00 p.m.

§ 151-4 Violations and penalties.

Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or to imprisonment for a term not to exceed 90 days.