[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:
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.
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.
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]
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.
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.
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.
(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.
