[HISTORY: Adopted by the Board of Supervisors of the Township
of West Pike Run 7-6-1987 by Ord.
No. 1987-3. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "West Pike
Run Township Air Pollution Control Ordinance of 1987."
Whereas, the Board of Supervisors of West Pike Run Township
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 West Pike Run Township, it is hereby declared to be the
policy of West Pike Run Township to safeguard the citizens of West
Pike Run Township 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.
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, 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.
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.
West Pike Run Township Board of Supervisors.
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 West Pike Run Township Chief of Police or any other duly
authorized agent shall have the power and duty to enforce the provisions
of this chapter.
A.Â
Thirty days after enactment, no person shall:
(1)Â
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
of any building; or
(2)Â
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.Â
Exceptions.
(2)Â
Open fires may be set on, and only on Wednesday, Friday and Saturday,
after 8:00 a.m., provided such fire is extinguished with no smoke
or smoldering no later than 2:00 p.m. that day. On any other day,
if exceptional circumstances require, only with the approval of the
authorized enforcement agent of this chapter and any or all fires
set under the provisions of this chapter are subject to the following
conditions:
[Amended 2-12-1990 by Ord. No. 1990-1]
A.Â
Any person violating any of the provisions of this chapter shall,
upon the conviction thereof by any Justice of the Peace, Alderman
or Magistrate, be sentenced to pay a fine of not less than $25 nor
more than $100, together with the costs, for the first violation,
and no less than $50 nor more than $200, together with the costs for
the second and subsequent violations.
B.Â
Each day a violation exists shall constitute a separate offense.
In default in the payment of any fine, the defendant shall be sentenced
to jail for a period not exceeding 30 days.
The provisions of this chapter are severable, and if any section,
clause, sentence, part or provision thereof shall be held illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, clauses, sentences, parts or provisions of this chapter.
It is hereby declared to be the intent of the Board of Supervisors
that this chapter would not have been adopted, if such illegal, invalid
or unconstitutional section, clause, sentence, part, or provision
had not been included herein.
