[HISTORY: Adopted by the Borough Council
of the Borough of Moosic at time of adoption of Code (see Ch. 1, General
Provisions, Art. I). Amendments noted where applicable.]
The purpose the Borough of Moosic in adopting
this chapter is to regulate and prohibit the burning, ignition and
combustion of rubbish, garbage and other materials within the Borough
of Moosic to promote and protect the health, safety and welfare of
the citizenry.
As used in this chapter, the following terms
have the meanings indicated, unless otherwise expressly stated:
The Borough of Moosic, Lackawanna County, Pennsylvania.
The members of the Borough Council of the Borough of Moosic,
Lackawanna County, Pennsylvania.
The duly appointed Secretary to the Borough Council of the
Borough of Moosic, Lackawanna County, Pennsylvania.
A man-made structure, whether it is permanent or temporary,
utilized for sheltering people, animals, property or business activity.
The term "building" and the term "structure" are used interchangeably
in this chapter.
To ignite or set on fire any material for the purposes of
disposing/reducing such material, creating heat or creating light.
Any chartered volunteer fire department of the Borough of
Moosic, Lackawanna County, Pennsylvania.
A pit dug into the ground or made from stones, masonry or
metal for keeping a fire used in cooking or warmth.
[Added 10-11-2022 by Ord. No. 9-2022]
Any discarded part of vegetables, fruit, meat or other food
substances, both liquid and solid, which are subject to decay, which
result from the handling, preparation, cooking, serving or consumption
of food and food containers.
A gated utensil used for broiling food over a fire.
[Added 10-11-2022 by Ord. No. 9-2022]
Gases, smoke or fumes resulting from burning which are harmful
or injurious to the health or physical well-being of persons or that
cause sickness of persons.
Any business, operation or establishment which is nonresidential
by nature, including commercial, institutional or industrial operations.
A “commercial establishment” is any business or operation
which is engaged in nonmanufacturing or nonprocessing business, including
but not limited to stores, markets, office buildings, restaurants,
shopping centers and theaters. An “industrial establishment”
is any business or operation which is engaged in manufacturing and
industrial processes, including but not limited to factories, mills
and refineries. An “institutional establishment” is any
organization devoted to the promotion of a public, educational or
charitable character, including but not limited to public buildings,
hospitals, nursing homes, orphanages, schools and universities.
The igniting, setting or maintenance of a fire in a manner
which is not in compliance with the rules and regulations of this
chapter.
Any natural person, partnership, firm, company or corporation.
The Police Department and its officers and employees of the
Borough of Moosic, Lackawanna County, Pennsylvania.
Garbage, rubbish and trade waste.
[Added 10-11-2022 by Ord. No. 9-2022]
Any individual person over the age of 18 years of age who
is mentally competent.
Any discarded waste materials, including but not limited
to scrap, metal, furniture, windows, boxes, crockery or paper, but
not including garbage or dead animals.
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 fo1111S
of solid or liquid waste materials.
[Added 10-11-2022 by Ord. No. 9-2022]
The hard fibrous material that forms the main substance of
the trunk or branches of a tree or shrub, including, but not limited
to, tree branches, timber, boards, tree logs, kindling, charcoal and
other similar items.
[Added 10-11-2022 by Ord. No. 9-2022]
A.
It shall be unlawful for any person to burn, ignite
or cause to be burned any material within the Borough, except as provided
otherwise hereinafter.
[Amended 10-11-2022 by Ord. No. 9-2022]
B.
Any person who shall violate any of the rules and
regulations of this section shall be guilty of creating and/or maintaining
a nuisance.
[Amended 10-11-2022 by Ord. No. 9-2022]
A.
No person shall burn, ignite or cause to be burned
any rubbish, garbage or any other material within the right-of-way
of any public street, alley, road or public way.
B.
No person shall burn, ignite or cause to be burned
any garbage, rubbish, refuse or trade waste on any private land or
public land within the Borough of Moosic, whether or not such burning
occurs within the confines of a building or outside the confines of
a building.
C.
No person
shall burn, ignite or cause to be burned any wood or wood products
on any private land or public land within the Borough of Moosic, outside
the confines of a building, except as otherwise set forth herein.
D.
No nonresidential business or operation, including,
but not limited to, commercial, institutional, or industrial establishments,
shall burn, ignite or cause to be burned any materials, whether the
materials are garbage, refuse, wood, trade waste or rubbish, or whether
it is inside or outside the confines of a building, unless such an
establishment has a permit from the Pennsylvania Department of Environmental
Protection, or any successor agency, to burn such materials.
[Added 10-11-2022 by Ord. No. 9-2022]
Nothing contained in § 112-4 and this section herein shall be construed to apply to the use of any standard, commercially designed, noncombustible grill used for the noncommercial preparation of food to be consumed on the premises; or any firepit that is fully contained within a screened chimney or an aboveground firepit with screens subject to the following restrictions:
A.
Any grill
or firepit used within the Borough shall be constructed and operated
in a safe manner and shall not be located closer than 20 feet to any
building, structure or property line.
B.
Only
clean seasoned firewood or charcoal may be burned. No burning of trash,
leaves, brush, and pressure-treated wood or painted wood is permitted.
C.
All openings
in the container or firepit must be covered with wire mesh or other
noncombustible screening materials that will prevent the passage of
sparks or embers.
D.
All fires
shall be constantly attended by at least one adult person until they
are completely extinguished. A minimum of one portable fire extinguisher
with a minimum 4A rating or other approved on-site fire-extinguishing
equipment, such as dirt, sand, water barrels, water bucket or garden
hose shall be available for immediate utilization.
E.
No such
fire or container may be used on any porch, deck, balcony or other
portion of a building.
F.
Fires
are not permitted during adverse wind and weather conditions.
G.
Fires
shall not be permitted to smolder.
H.
All open
fires as set forth herein shall be extinguished no later than 11:00
p.m.
[Amended 4-11-2023 by Ord. No. 6-2023]
I.
Any fire
permitted to burn in an unsafe manner under adverse weather conditions,
unsupervised, determined unsafe by the Fire Chief or police officers(s),
or in violation of any provision of this chapter shall be extinguished
immediately upon demand by such official.
J.
No provision
of this section shall be interpreted to prohibit burning of appropriate
fuels in residential fireplaces, barbecues, grills, or small recreational
fires that are fully contained within a screened chiminea or an aboveground
firepit with screens.
K.
In the
event there is a question as to the safety of the operation or construction
of any grill or firepit within the Borough, the Fire Chief or officer
of one of the local fire departments shall be consulted to inspect
said structure.
No person shall deliberately set a fire for
the purpose of removing, razing or tearing down an existing building
or structure.
[Amended 4-11-2023 by Ord. No. 6-2023]
The enforcement of the rules and regulations
of this chapter shall be carried out by the Police Department or the
Code Enforcement Officer of the Borough of Moosic with assist if needed
from the Fire Department of the Borough of Moosic.
A.
Any person who has ignited a fire contrary to the
rules and regulations of this chapter shall, upon notice by an officer
of the Police Department or a member of the Fire Department or the
Code Enforcement Officer, immediately extinguish the fire.
B.
If, after being brought to the attention of the Police Department or Code Enforcement Officer, an officer of the Police Department or the Code Enforcement Officer observes that a person has maintained or permitted the maintenance of a nuisance or has violated any provision of this chapter, an officer of the Police Department or the Code Enforcement Officer may at the discretion of the police officer or Code Enforcement Officer issue a warning notice, except as noted in § 112-8 of this chapter, to the person or persons who have maintained or permitted the maintenance of such a nuisance or have violated any provision of this chapter.
[Amended 4-11-2023 by Ord. No. 6-2023]
C.
The warning notice shall state, at a minimum, the
date of the violation, the location of the violation, the person who
is being issued the violation notice, the nature of the violation
and the sections which define the violation.
E.
Persons who do not immediately discontinue the violation of this chapter or who are repeat offenders, as defined in § 112-8 of this chapter, shall be issued a citation by an officer of the Police Department or the Code Enforcement Officer.
[Amended 4-11-2023 by Ord. No. 6-2023]
F.
Factors
to be considered by the Police Department and/or Code Enforcement
Officer in determining the existence of a nuisance are as follows:
[Added 4-11-2023 by Ord. No. 6-2023]
[Amended 4-11-2023 by Ord. No. 6-2023]
Persons who have been given a warning notice
on one or more than one occasion with respect to violations described
in this chapter may, at the discretion of the officers of the Police
Department or the Code Enforcement Officer, be issued a citation for
violating this chapter rather than first issuing a warning notice
that continued violations of this chapter exist.
Any regulations by the Commonwealth of Pennsylvania
or the government of the United States of America pertaining to burning
of any materials shall supersede the rules and regulations of this
chapter where such rules and regulations are more stringent than the
rules and regulations of this chapter. Where the rules and regulations
of this chapter are more stringent than the rules and regulations
of either the Commonwealth of Pennsylvania or the government of the
United States of America, the rules and regulations of this chapter
shall control.
Any fire training conducted by the Borough Fire
Department or another recognized public fire-fighting organization
shall not be bound by the rules and regulations of this chapter when
such organization is conducting fire-fighting training.
Any person who violates any provision of this
chapter shall, upon conviction thereof, pay a fine of not more than
$600, plus costs of prosecution, and, in default of payment of such
fine and costs, be sentenced to imprisonment for a term not to exceed
30 days. Every day that a violation continues shall constitute a separate
violation.
The remedies provided herein for the enforcement
of this chapter or any other remedy provided by law shall not be mutually
exclusive. Rather, any and all remedies may be applied simultaneously
or consecutively at the option of the Borough Council.
