[A.O.]
This Part shall be known and may be cited as the "Wellsboro
Borough Outdoor Burning Ordinance."
[A.O.]
The Council of the Borough of Wellsboro, under, and by virtue
of and pursuant to the authority granted by the Borough Code, 53 P.S.
§§ 46202 and 46203, does hereby enact and ordain this
Part.
[A.O.]
Whereas the Council of the Borough of Wellsboro has determined
that air pollution from outdoor burning and the general hazards of
outdoor burning in a densely populated area may be detrimental to
the health, comfort, living conditions, welfare, and safety of the
citizens of the Borough of Wellsboro, it is hereby declared to be
the policy of the Borough of Wellsboro to safeguard the citizens of
the Borough of Wellsboro from such air pollution.
[A.O.]
The following words, terms, and phrases, when used in this Part,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
An outdoor fire utilized for ceremonial purposes which is
greater than three feet in diameter and greater than two feet in height.
The Borough of Wellsboro, Tioga County.
The act of consuming by fire; to flame, char, scorch, or
blaze. As used in this Part, smoldering shall have the same meaning
as burning and any smoldering shall be deemed a burning.
Natural wood that has no paint, stains, or other types of
coatings, and natural wood that has not been treated with, including,
but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
The Borough of Wellsboro Borough Council.
Pennsylvania Department of Environmental Protection.
Waste which is generated from the normal occupancy of a structure
occupied solely as a dwelling by two families or less. The term does
not include appliances, carpets, demolition waste (insulation, shingles,
siding, etc.), furniture, mattresses or box springs, paint, putrescible
waste, solvents, tires, or treated wood.
The Borough of Wellsboro Police Department.
United States Environmental Protection Agency.
A pit or ring that is no larger than three feet in diameter
and constructed of noncombustible material.
Any device specifically designed for the destruction, by
burning, of any combustible waste material.
A city, incorporated town, township, borough, county, municipal
authority or other public body created under state law having jurisdiction
over the disposal of sewage, industrial waste, or other wastes.
The outdoor burning of any materials wherein products of
combustion are emitted directly into the ambient air without passing
through a stack or chimney from an enclosed chamber. For the purpose
of this Part, open burning shall include burn barrels and other similar
vessels.
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau or agency of the commonwealth or the federal
government, political subdivision, municipality, district, authority,
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
An appliance or device commercially manufactured out of noncombustible
materials such as steel, concrete, or clay to burn solid fuel (or
propane, gas, or other appropriate regulated fuel) out of doors for
the express purpose of recreation, heating, cooking or preparing food
for consumption.
An outdoor (open burn) fire or the burning of material other
than rubbish, leaves, and yard clippings where the fire being burned
is contained in a manufactured, freestanding fire pit or ring, or
outside stove not exceeding three feet in diameter and two feet in
height.
Solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
work excelsior, paper, ashes, tree branches, leaves, yard waste, furniture,
tin cans, glass, crockery, masonry, plastics, Styrofoam, and other
similar materials.
A device (at the top of a chimney) to prevent sparks, embers
or other ignited material above a given size from being expelled to
the atmosphere.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a furnace, especially that part of a structure
extending above a roof.
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, plywood, drywall, insulation
material, plastic products, cartons, paint, grease, oil and other
petroleum products, chemicals, cinders and other forms of solid or
liquid waste materials.
Leaves, grass clippings, weeds, vegetable, or other garden
debris, but does not include shrubbery, brush, tree branches, or tree
trimmings.
[A.O.]
1.
After the effective date of this Part, no person shall permit the
open burning of any garbage, material, rubbish, trade waste, or yard
waste at any time within the Borough of Wellsboro with the exception
of the following:
A.
A fire set to prevent or abate a fire hazard, when approved by the
Department of Environmental Protection's Regional Air Quality Program
office and set by or under the supervision of a public officer.
B.
Any fire set for the purpose of instructing personnel in firefighting,
when approved by the Department of Environmental Protection's Regional
Air Quality Program office.
C.
A fire set for the prevention and control of disease or pests, when
approved by the Department of Environmental Protection's Regional
Air Quality Program office.
D.
A fire set solely for cooking food in accordance with the provisions
of this Part.
E.
A fire set solely for recreational or ceremonial purposes in accordance
with the provisions of this Part.
F.
Public demonstration involving the burning of flags or other items.
[Added by Ord. No. 702, 6/14/2021]
2.
Supervision of and Requirements for Fires. The following provisions
shall apply for all fires in the Borough of Wellsboro:
A.
The property owner (or his agent) must personally supervise any and
all fires which occur on the property owner's land. Anyone supervising
a fire must be at least 18 years of age or older.
B.
The property owner (or his agent) must be present outdoors on the
property at the fire at all times when smoke or flames are present.
C.
All fires must be constantly attended until the fire has been properly
extinguished.
D.
No accelerants can be utilized to start a fire. Such prohibited accelerants
include, but are not limited to, gasoline, diesel fuel, or any other
type of flammable fluid.
E.
All fires must have a minimum of one portable fire extinguisher with
a minimum 4-A rating or other on-site fire-extinguishing equipment,
such as dirt, sand, water barrel, garden hose or water truck, in appropriate
quantities needed for immediate utilization.
F.
Ashes, smoldering coals, wood and embers, or other material likely
to spontaneously ignite, shall not be disposed of or allowed to remain
within 10 feet of any combustible materials, but shall be deposited
in noncombustible containers, but in no case less than two feet from
any building wall or partition.
3.
Bonfire Burn Permit. All permits required under any provision of
this Part shall be issued under accepted fire codes and recommendations
of the Borough Fire Chief or Assistant Fire Chiefs as follows:
A.
A burn permit shall be obtained from the Borough office a minimum
of 72 hours prior to burning. The applicant shall provide name, address,
phone number, and the purpose of the burn.
B.
Before a burn permit is issued, an inspection may be made by the
Fire Chief or Assistant Fire Chief to assure that the location complies
with accepted fire codes and ordinances.
4.
Public
Demonstration Permit. Any person desiring to conduct a public demonstration
involving the burning of flags or other items in the Borough of Wellsboro
shall make application to the Borough Office for a permit therefor
on a form made available by the Borough for such purpose. No fee shall
be charged to make such an application.
[Added by Ord. No. 702, 6/14/2021]
A.
The Borough
shall grant any application for issuance of a permit for any demonstration
involving the burning of a flag or other item for the proposed date
if application is made therefor at least two business days immediately
preceding the date of the proposed demonstration.
B.
Any permit
as issued shall be subject to the following terms:
(1)
The permittee must ensure that an operable fire extinguisher will
be present at the proposed demonstration at all times.
(2)
No permittee shall burn a flag or other item exceeding four feet
by six feet in area.
(3)
No permittee shall burn any item except directly in a metal or other
fire-resistant container.
(4)
The container must be located 15 feet from any building or combustible
material.
(5)
The metal or other fire-resistant container and any remnants of the
burn must be immediately removed by the permittee after the demonstration
is over.
(6)
If there is damage to property caused by the burn, the permittee
is responsible for the damage.
(7)
No permittee shall leave the scene of a demonstration without ensuring
that any fire started as part of the demonstration has been fully
extinguished.
C.
Penalties.
Any person who violates any provision of this subsection shall be
subject to the following:
(1)
Upon the finding of a first violation, to pay a penalty of not less
than $100 nor more than $500 and costs of prosecution.
(2)
Upon the finding of a second or subsequent violation, to pay a penalty
of not less than $500 nor more than $1,000 and costs of prosecution.
(3)
Each day that a violation continues after notice of the violation
has been served shall be deemed to be a separate offense.
D.
Enforcement.
The provisions of this subsection shall be enforced by the Fire Commissioner
or by civil action, or both, as the Borough may elect.
[A.O.]
1.
The Police Department shall have the power and duty to enforce the
provisions of this Part.
2.
The Police Department may issue such orders as are necessary to aid
in the enforcement of the provisions of this Part. These orders shall
include, but shall not be limited to:
A.
Orders requiring persons to cease unlawful outdoor burning which,
in the course of its occurrence, is in violation of any provision
of this Part.
B.
Orders to take corrective action or to abate a public nuisance.
C.
Orders requiring the testing, sampling, or monitoring of any outdoor
burning.
D.
Orders requiring production of information.
E.
Orders to cease outdoor burning when extreme dry conditions or drought
warrant a ban on all burning.
F.
Orders to cease outdoor burning when smoke and/or ash emissions are
or may be objectionable, offensive, or deleterious to human or animal
health; permeate or crosses neighboring properties; or falls on buildings,
vehicles, or vegetation.
3.
Such an order may be issued if the Police Department finds that any
condition existing in or on the facility or source involved is causing
or contributing to outdoor burning or if the Police Department finds
that any person is in violation of any provision of this Part.
4.
The Police Department may require compliance with such conditions
as are necessary to prevent or abate outdoor burning or affect the
purposes of this Part.
5.
An order issued under this section shall take effect upon notice,
unless the order specifies otherwise. An appeal to the Borough Council
of the order shall not act as a supersedeas; provided, however, that,
upon application and for cause shown, the Borough Council may issue
such a supersedeas under rules established by the Borough Council.
6.
The authority of the Police Department to issue an order under this
section is in addition to any remedy or penalty which may be imposed
pursuant to this Part. The failure to comply with any such order is
hereby declared to be a public nuisance.
[A.O.]
1.
Whenever the Police Department finds that outdoor burning is occurring in the Borough of Wellsboro, other than those exceptions noted in § 10-405 above, the Police Department may order the owner or operator to take corrective action in a manner satisfactory to the Borough, or the Police Department may order the owner or operator to allow access to the land by the Police Department or a third party to take such action.
2.
For purposes of collecting or recovering the costs involved in taking correction action or pursuing a cost recovery action pursuant to an order or recovering the cost of litigation, oversight, monitoring, sampling, testing, and investigation related to a corrective action, the Borough may collect the amount in the same manner as civil penalties are assessed and collected following the process for collection of a civil penalty contained in § 10-409 of this Part.
[A.O.]
Any person who violates any provision of this Part or any order
of the Borough of Wellsboro issued pursuant to this Part commits a
summary offense and shall, upon conviction, be sentenced to pay a
fine of not less than $100 nor more than $1,000 for each separate
offense and, in default of the payment of such fine, may be sentenced
to imprisonment for 30 days for each separate offense. Employees of
the Borough authorized to conduct inspections or investigations are
hereby declared to be law enforcement officers authorized to issue
or file citations for summary violations under this Part. For purposes
of this section, a summary offense may be prosecuted before any district
justice. There is no accelerated rehabilitative disposition authorized
for a summary offense.
[A.O.]
In addition to proceeding under any other remedy available at
law or in equity for a violation of a provision of this Part or any
order issued pursuant to this Part, the Borough of Wellsboro may assess
a civil penalty for the violation. The penalty may be assessed whether
or not the violation was willful. The civil penalty so assessed shall
not exceed $600 per day for each violation. In determining the amount
of the penalty, the Borough of Wellsboro shall consider the willfulness
of the violation; damage to air, soil, water, or other natural resources
of the Borough or their uses; financial benefit to the person in consequence
of the violation; deterrence of future violations; cost to the Borough;
the size of the source or facility; the compliance history of the
source; the severity and duration of the violation; degree of cooperation
in resolving the violation; the speed with which compliance is ultimately
achieved; whether the violation was voluntarily reported; other factors
unique to the owners or operators of the source or facility; and other
relevant factors. Pursuant to 53 P.S. § 48321(6), any person
found guilty of violating this Part may be assessed court costs and
reasonable attorney fees incurred by the Borough in the enforcement
proceedings.
[A.O.]
It shall be unlawful to fail to comply with or to cause or assist
in the violation of any of the provisions of this Part or to fail
to comply with any order or other requirement of the Borough; or to
cause a public nuisance; or to cause air, soil, or water pollution
resulting from an open burning incident; or to hinder, obstruct, prevent,
or interfere with the Borough or its personnel in their performance
of any duty hereunder, including denying the Police Department access
to the source or facility; or to violate the provisions of 18 Pa.C.S.A.
§ 4903 (relating to false swearing) or § 4904
(relating to unsworn falsification to authorities) in regard to documents
required to be submitted under this Part. The owner or operator of
an open burning source shall not allow pollution of the air, water,
or other natural resources of the Borough to result from the source.
[A.O.]
A violation of this Part or of any order issued by the Police
Department under this Part shall constitute a public nuisance. The
Borough shall have the authority to order any person causing a public
nuisance to abate the public nuisance.
