[HISTORY: Adopted by the Borough Council of the Borough of Greencastle 8-30-1976 by Ord. No. 5-76; amended in its entirety 7-1-1985 (Ch. 7, Part 1, of the 1985 Code). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
BOROUGH COUNCIL
The Borough Council of the Borough of Greencastle.
BURNING
The act of consuming by fire; to flame, char, scorch, or blaze. As used in this chapter, smoldering shall have the same meaning as burning and any smoldering shall be deemed a burning.
[Added 8-6-2012 by Ord. No. 2012-08]
FURNACE
Any enclosed device specifically designed for burning any material for the production of heat.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
INCINERATOR
Any device specifically designed for the destruction by burning of refuse, sewage sludge, or any other combustible material.
OPEN FIRE
A fire in which any material is burning, smoldering or smoking in the open or in a receptacle other than a furnace or incinerator.
OUTDOOR FURNACE
A boiler, stove or furnace fired by wood, coal, oil or other fuel that is not located within a building inhabited by human or animals, used for the purpose of heating the principal structure or accessory building or other structure on the premises.
[Added 11-2-2009 by Ord. No. 2009-03]
PERSON
Any individual, partnership, association, corporation, department, bureau, agency or other legal entity.
REFUSE
Garbage, rubbish and trade waste.
RUBBISH
Solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, carpets, wood, excelsior, paper, ashes, grass clippings, furniture, tin cans, glass, crockery, masonry and other similar materials.
[Amended 8-6-2012 by Ord. No. 2012-08]
SALVAGE OPERATION
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.
TRADE WASTE
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 that "trade waste" shall not include any coal refuse associated with the mining or preparation of coal.
YARD WASTE
Leaves, brush, tree trimmings, or chipped shrubbery.
[Added 8-6-2012 by Ord. No. 2012-08]
[Amended 8-6-2012 by Ord. No. 2012-08]
The Borough Council of the Borough of Greencastle has determined that air pollution from open burning may be detrimental to the health, comfort, living conditions, welfare, and safety of the citizens of Greencastle. The Borough Council of the Borough of Greencastle approves the provisions of this chapter to safeguard the citizens of Greencastle from such air pollution.
[Amended 11-2-2009 by Ord. No. 2009-03; 8-6-2012 by Ord. No. 2012-08]
A. 
Within the Borough limits, 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 any building; 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;
(3) 
Construct and/or operate an outdoor furnace;
(4) 
Use any incinerator or container, to include burn barrels, for the destruction of garbage, refuse, rubbish, or trade waste;
B. 
Exceptions.
(1) 
Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for any of the following, provided that the fire complies with the Department of Environmental Protection regulations and is approved by the fire chief having jurisdiction in the municipality:
(a) 
The prevention of a fire hazard which cannot be abated by other means; or
(b) 
The protection of public health;
(c) 
Instructing personnel in firefighting.
(2) 
Open fires solely for the purpose of disposing yard waste may be set, provided:
(a) 
The fire is attended by a responsible person;
(b) 
No garbage or rubbish is burned;
(c) 
No hazardous condition will be created by such burning;
(d) 
No such burning is allowed on any street, alley or sidewalk within the Borough;
(e) 
All such burning takes place between the hours of 7:00 a.m. and 6:00 p.m.; and
(f) 
No refuse is brought in from outside the Borough limits.
(3) 
A fire set solely for cooking food.
(4) 
A fire set solely for recreational or ceremonial purposes.
[Amended 8-6-2012 by Ord. No. 2012-08]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300, and/or to imprisonment for a term not to exceed 90 days. Enforcement shall be by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. A separate offense shall arise for each day or portion of a day in which a violation is found to exist or for each section of this chapter which is found to have been violated. In addition, any person found guilty of violating an ordinance may be assessed court costs and reasonable attorney fees incurred by the Borough in the enforcement proceedings.
[Added 8-6-2012 by Ord. No. 2012-08]
The Code Enforcement Officer(s) and police officer(s) of the Borough of Greencastle shall have the authority to administer the provisions of this chapter including the investigation of complaints and the issuance of notices of violation.