[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:
GARDEN REFUSE
Corn stalks, vines, plants, and debris removed from vegetable and/or
flower gardens or fruit plantings.
LAWN TRIMMINGS
Grass and other debris from lawns resulting from mowing, cleaning,
and raking lawns.
OPEN FIRE
A fire in which any material is burned in the open or in a receptacle
other than a furnace or incinerator.
PERSON
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.
TREE LEAVES
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:
A. Ignite or feed an open fire for the destruction of tree
leaves, or lawn trimmings, or garden refuse in any public or private place
outside of any building; or
B. Cause, suffer, allow or permit the maintenance of any
open fire for the destruction of tree leaves, lawn trimmings, or garden refuse.
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:
A. There is no practical available alternate method for
the disposal of the material to be burned; and
B. No hazardous or other objectionable condition will be
created by such burning.
[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.
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.