[HISTORY: Adopted by the Borough Council of the Borough of Coudersport
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 135.
[Adopted 11-14-1984 by Ord. No. 451]
Whereas the Borough Council of the Borough of Coudersport has determined
that air pollution from certain open fires may be detrimental to the health,
comfort, living conditions, welfare and safety of the citizens of the Borough
of Coudersport, it is hereby declared to be the policy of the Borough of Coudersport
to safeguard the citizens of the Borough of Coudersport from the same.
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:
Corn stalks, vines, plants, and debris removed from vegetable and/or
flower gardens or fruit plantings.
Grass and other debris from lawns resulting from mowing, cleaning,
and raking lawns.
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.
The leaves found upon any type of tree, together with branches and
twigs from trees.
The Police Department of the Borough of Coudersport shall have the power
and duty to enforce the provisions of this article.
After the effective date of this article no person shall:
Open fires for the burning of tree leaves, lawn trimmings, or garden
refuse may be set with the approval of the authorized enforcement agents of
this article provided:
[Amended 7-8-1987 by Ord. No. 474]
Any person violating any of the provisions of this article shall upon
conviction thereof or acceptance of a guilty plea, by any District Justice
of the Peace, be sentenced to pay a fine of not less than $50 nor more than
$300, for the first violation; and not less than $100 nor more than $300;
and/or not more than 90 days in jail, for the second and subsequent violations.
Each day a violation exists shall constitute a separate offense.
[Adopted 6-18-1997 by Ord. No. 541]
This article is enacted to protect the health, safety and welfare of
the residents of the Borough of Coudersport and for the prevention of fires
as well as to eliminate nuisances and hazards to health caused by smoke, cinders
and ashes.
A.
No person shall burn any paper or refuse of any kind
outdoors within the limits of the Borough of Coudersport unless such fires
are contained and protected by burn barrel, salamander, wire basket or masonry
enclosure. Such receptacle must have openings not greater in size than 1/2
inch. The receptacle must be equipped with a top so constructed as to prevent
fly ash from escaping into the atmosphere. Larger, uncontained fires, such
as large quantities of brush, may be kindled and maintained provided that
prior notification, including the date and time of the fire, is provided to
the local fire department for approval by the Fire Chief.
B.
No such outside fire shall be kindled or maintained within
20 feet of any building or the opening of any building, except for properly
constructed and maintained heating systems, within 10 feet of any property
line or propane tanks, fuel oil tanks or any similar vessels used for storing
and/or transporting flammable substances.
C.
The burning of any material in or upon any public street
or alley is prohibited.
D.
All fires must be tended at all times until the fire
is out.
E.
Open burning shall not be used for waste disposal purposes,
shall be of the minimum size for the intended purpose and the fuel shall be
chosen to minimize the generation and emission of air contaminants.
F.
The burning of garbage, vegetable waste, rubber, plastics,
furniture, glass, metals, crocking, automotive parts or products of any other
materials which will create nauseous or noxious fumes, smoke, toxic chemicals
or excessive fly ash is specifically prohibited.
G.
Outdoor burning which is offensive or objectionable due
to smoke or odor emissions when atmospheric conditions or other local circumstances
exist that make such burning hazardous is prohibited. Such fires which create
or add to such hazardous situations may be ordered extinguished by the Code
Enforcement Officer, Borough Police, Fire Chief (or designated representative)
or Borough Manager.
H.
It shall be lawful to burn paper and other similar material
(which is not prohibited by the other provision of this article) that is readily
combustible and will not create nauseous fumes, noxious smoke or excessive
fly ash.
I.
Charcoal or wood fires kindled for the purpose of outside
barbecues shall be permitted.
J.
Fireplaces within a private residence are permitted for
the purpose of providing heat or for use as a barbecue, but in no event shall
garbage, rubbish or trash be burned in a fireplace or furnace within the Borough.
K.
No person shall burn fallen leaves at any time in the
Borough limits, either on private or public property.
Any person who shall violate any of the provisions of this article or
fail to comply herewith shall, upon conviction before a District Magistrate,
be guilty of a summary offense and shall be fined in an amount not in excess
of $300 or be imprisoned for a period not greater than 30 days (or both) plus
costs of prosecution pursuant to law. The continuation of such violation for
each successive day shall constitute a separate offense and the person or
persons allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense.
