Borough of Spring Grove, PA
York County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Spring Grove 5-5-1969 by Ord. No. 2-1969, effective 5-15-1969 (Ch. 59 of the 1985 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Soild waste — See Ch. 331.
This chapter shall be known and may be cited as the "Borough of Spring Grove Air Pollution Control Ordinance of 1969."
Whereas the Borough Council of the Borough of Spring Grove 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 the Borough of Spring Grove, it is hereby declared to be the policy of the Borough of Spring Grove to safeguard the citizens of the Borough of Spring Grove 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:
FURNACE
Any enclosed device specifically designed for the burning of 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, syndicate, company, firm, trust, corporation, department, bureau, agency or other entity recognized by law as the subject of rights and duties.
REFUSE
Garbage, rubbish and trade waste.
RUBBISH
Solids not considered to be highly flammable or explosive, including, but not limited to, rags, clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings, furniture, tin cans, glass, crockery, masonry, and recyclable materials as defined by Borough ordinance,[1] and other similar materials.
[Amended 12-3-2012 by Ord. No. 5-2012]
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, however, that trade waste shall not include any coal refuse associated with the mining or preparation of coal.
[1]
Editor's Note: See Ch. 331, Art. II, Recycling.
The Borough of Spring Grove, Chief of Police or any other duly authorized agent shall have the power and duty to enforce the provisions of this chapter.
A. 
Prohibitions. After May 15, 1969, no person shall:
(1) 
Ignite or feed an open fire for the destruction of refuse or rubbish or in the conduct of a salvage operation in any public or private place outside of any building.
[Amended 12-3-2012 by Ord. No. 5-2012]
(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.
(b) 
The protection of public health.
(2) 
Open fires may be set with the approval of the authorized enforcement agent of this chapter, provided:
(a) 
There is no practical available alternate method for the disposal of the materials to be burned.[1]
[1]
Editor's Note: Original § 59-5B(2)(a) of the 1985 Code, regarding burning rubbish, which immediately preceded this subsection, was repealed 12-3-2012 by Ord. No. 5-2012.
(b) 
No hazardous or other objectionable condition will be created by such burning.
[Amended 8-5-1991 by Ord. No. 5-1991]
Any person violating any of the provisions of this chapter shall, upon conviction thereof by the Magisterial District Judge, be sentenced to pay a fine of not less than $25 nor more than $1,000, together with the costs, for the first violation, and not less than $50 nor more than $1,000, together with the costs, for the second and subsequent violations. Each day a violation exists shall constitute a separate offense. Upon default in the payment of any fine, the defendant shall be sentenced to jail for a period not exceeding 30 days.