[HISTORY: Adopted by the Board of Supervisors
of the Township of Mahoning as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-9-1971]
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:
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, ashes, furniture, tin cans, glass, crockery,
masonry and other similar materials, but not including paper, leaves,
grass trimming and tree trimmings not exceeding two inches in diameter.
[Amended 9-27-1971]
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.
The Chief of Police, Fire Chief, Health Officer,
Safety Officer, or any other duly authorized agent of the Township
of Mahoning shall have the power and duty to enforce the provisions
of this article.
A.
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 in Mahoning Township; or
(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 in the Township of Mahoning.
B.
Exceptions:
(2)
Open fires may be set with the approval of the authorized
enforcement agent of this article, provided:
(3)
Small campfires may be maintained and used for outdoor
cooking purposes only, provided:
[Added 12-15-2008]
(a)
Wood or charcoal only are burned; and
(b)
Said campfire is maintained in an enclosed campfire
ring of either metal, stone, brick, concrete or similar nonflamable
substance; and
(c)
Said campfire is maintained and supervised by
an adult individual at all times while burning, and is put out immediately
after use.
Any person violating any of the provisions of
this article shall, upon the conviction thereof by any District Justice,
be sentenced to pay a fine of not less than $25 nor more than $100,
together with the costs, for the first violation and not less than
$50 nor more than $200, together with the costs, for the second and
subsequent violations. Each day a violation exists shall constitute
a separate offense. In default of the payment of any fine, the defendant
shall be sentenced to jail for a period not exceeding 30 days.
[Adopted 3-27-1995]
[Added 8-20-2007]
As used in this article, the following terms
shall have the meanings indicated:
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Solids not considered to be highly flammable or explosive,
including, but not limited to, rags, old clothes, leather, rubber,
carpets, wood, excelsior, ashes, furniture, tin cans, glass, crockery,
masonry and other similar materials, but not including paper, leaves,
grass trimming and tree trimmings not exceeding two inches in diameter.
[Amended 6-12-2000]
No person, firm, association or corporation
shall set or maintain any fire upon any of the streets, sidewalks,
alleys or public grounds in the Township of Mahoning, Montour County,
Pennsylvania, or burn or cause to be burned thereon any paper, boxes,
rubbish, leaves or any other kind of substance, nor shall any person
or persons set or maintain any fire or cause to be burned any substance
or material of any kind, out-of-doors, anywhere in the Township of
Mahoning, except between the hours of 7:00 a.m. and 4:00 p.m. prevailing
time on Tuesdays, Thursdays and Saturdays. No burning shall take place
on Mondays, Wednesdays, Fridays, Sundays or holidays.
[Amended 6-12-2000]
A.
Out-of-door fires shall be permitted only upon private
property in Mahoning Township, and shall be spaced at least 20 feet
from any building, property line or road line. Said fires must be
confined in a noncombustible container, covered with a wire screen
of 1/2 or smaller mesh. Said noncombustible container must be kept
in good repair and condition with air (draft holes) to cause the fire
to burn hot and quickly. Nothing wet shall be burned. A responsible
adult must be present at all times when out-of-door burning takes
place.
B.
No smoke, emissions or smoldering shall be allowed
after the burning cutoff time and all burning shall be done in a well-ventilated
noncombustible container as stated above to keep any emissions to
the least amount possible.
[Amended 6-12-2000]
No garbage, offal, tires, rubber, or plastics
may be burned at any time either indoors or out-of-doors within the
Township of Mahoning. Any waste burned must be the result of "normal
occupancy." This does not include demolition waste, home insulation,
shingles, treated wood, paint, painted or stained objects or furniture,
tires, mattresses, box springs, metal, insulated rubber coating on
copper wire, old television sets and appliances, automobiles, automotive
parts and batteries. These must be disposed of according to solid
waste regulations.[1]
The Chief of the Mahoning Township Fire Company,
or the Chairman or Vice Chairman of the Board of Supervisors, may
prohibit any and all outdoor fires when atmospheric conditions or
local circumstances make such fires hazardous.
[Amended 8-20-2007]
Any person who violates or permits a violation
of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a District
Justice, pay a fine of not less than $25 nor more than $600, plus
all court costs, including reasonable attorney's fees, incurred by
the Township in the enforcement of this article. No judgment shall
be imposed until the date of the determination of the violation by
the District Justice. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable Rules of Civil Procedure. Each day a violation exists shall
constitute a separate offense. Further, the appropriate officers or
agents of the Township are hereby authorized to seek equitable relief,
including injunction, to enforce compliance herewith.
