[Ord. 1162, 11/13/2014]
From and after the effective date of this Part, no person, corporation,
partnership, association, organization or other group whatsoever (hereinafter
collectively referred to as "property owner" or "person," as applies)
shall burn any materials of any kind in the Borough of Shillington,
except as authorized by this Part or as authorized pursuant to a valid
permit issued by Berks County pursuant to county ordinances and regulations.
[Ord. 1162, 11/13/2014]
As used in this Part, the following terms shall have the meanings
indicated:
FIRE
The phenomenon of combustion manifested in light, flame,
and heat.
SMALL OPEN FIRE
A fire contained within a grill, outdoor barbeque, fireplace
or similar device to cook food with charcoal, natural gas or wood;
or any other fire from which the properties of combustion are emitted
directly into the air without first passing through a structural stack
or chimney and being used for the purposes of noncommercial food preparation,
light, ornament or recreation and being such maximum size and using
only such materials as authorized hereunder, and otherwise complying
with this Part, and conducted in such location, conditions, and in
a manner which contributes only a negligible amount of air contaminants.
[Ord. 1162, 11/13/2014]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not less than $10 nor more than the greater of $1,000 or the
maximum amount per offense permitted under law, plus costs, and, in
default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each violation of any provision of this Part
shall constitute a separate offense. In addition, in any civil enforcement
action brought by the Borough to collect unpaid fines or penalties
imposed pursuant to this Part, the Borough shall also be entitled
to collect all costs, expenses and attorneys' fees associated
with such action.