[HISTORY: Adopted by the Borough Council
of the Borough of Wilson as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 170.
[Adopted 9-24-1928 by Ord. No. 147, approved 10-11-1928]
The emission of dense smoke from the smokestack
of any stationary engine or from the smokestack, chimney or fireplace
of any building or plant anywhere within the Borough of Wilson shall
be deemed and is hereby declared to be a public nuisance and is hereby
prohibited except as hereinafter provided.
The owner, lessee or occupant of any building
or plant and the fireman, engineer or any other person having charge
or control of any furnace, fireplace or stationary engine who shall
cause, permit or allow dense smoke to issue or be emitted from the
smokestack, fireplace or chimney of any such building or plant or
from the smokestack, fireplace or chimney connected with any such
plant, furnace or stationary engine within the Borough of Wilson,
except as hereinafter provided, shall be deemed and held guilty of
creating a public nuisance and of violating the provisions of this
article.
The owner, lessee or occupant of any building
or plant within the Borough of Wilson or any other person having charge
or control thereof who shall cause, permit or allow, or cause to be
permitted or allowed, the discharge or escape into the open air of
large quantities of soot, cinders, dust, gas, steam or offensive odor
in such manner or in such quantities as to cause or have a natural
tendency to cause injury or detriment to the public in the vicinity
of such building or plant or to endanger the health, safety or comforts
of the public, or in such manner as to cause or have a natural tendency
to cause injury or damage to property or business, shall be deemed
and held guilty of creating a public nuisance and of violating the
provisions of this article.
The emission of dense smoke within the Borough
of Wilson from the smokestack of any steamroller, steam derrick, steam
pile driver, tar kettle or other similar machine or contrivance or
from the smokestack or chimney of any building or premises, except
for a period or periods aggregating not to exceed six minutes in any
one hour, during which period or periods the firebox is being cleaned
or a new fire is being built therein, is hereby declared a nuisance.
Any nuisance such as specified in this article
may be summarily abated by the Borough of Wilson, and such abatement
may be in addition to the fine hereinafter provided.
[Amended 1-22-1996 by Ord. No. 654, approved 1-22-1996 ]
Any person or persons or corporation owning,
operating or in charge or control of any steamroller, steam derrick,
steam pile driver, tar kettle or other similar machine or contrivance
or of any building or premises who shall cause or allow the emission
of dense smoke, soot, cinders, dust, gas, steam or offensive odor
within the Borough of Wilson, in contravention of the provisions of
this article from the smokestack or chimney of any building or premises
so owned, controlled or in charge of him, her or them, shall be deemed
guilty of a violation of this article and, upon conviction thereof,
shall be punishable for each offense by a fine of not more than $300
and costs of prosecution or, upon default in payment of the fine and
costs, by imprisonment in the county jail for a period not to exceed
30 days, and each day of the continuance of a violation shall be deemed
to constitute a separate offense.
For the purpose of grading the density of smoke,
the Ringelmann Smoke Chart, as published and used by the Federal Bureau
of Mines, shall be the standard of comparison. Smoke shall be considered
"dense smoke" when it is of a density equal to or greater than No.
3 on the chart. For the purpose of this article, "stack" means any
chimney, smokestack or other structure, whether of brick, metal or
other material, intended for the emission of smoke.
[Adopted 8-12-1968 by Ord. No. 443, approved 8-12-1968]
This article shall be known and may be cited
as the "Borough of Wilson Air Pollution Control Ordinance of 1968."
Whereas the Council of the Borough of Wilson
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 Wilson, it is hereby declared to be the
policy of the Borough of Wilson to safeguard the citizens of the Borough
of Wilson from such air pollution.
The following words, terms and phrases, when
used in this article, unless the context clearly indicates otherwise,
shall have the following meanings ascribed to them:
Borough Council/Township Board of Supervisors.
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, 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.
All solid or liquid materials 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 Wilson Fire Chief shall have
the power and duty to enforce the provisions of this article.
A.
After September 1, 1968, no person shall:
(1)
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.
(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.
[Amended 1-22-1996 by Ord. No. 654, approved 1-22-1996 ]
Any person violating any of the provisions of
this article shall, upon conviction thereof, be punishable for each
offense by a fine of not more than $300 and costs of prosecution or,
upon default in payment of the fine and costs, by imprisonment in
the county jail for a period not to exceed 30 days, and each day of
the continuance of a violation shall be deemed to constitute a separate
offense.
