This chapter shall be known and may be cited as the "Borough of Punxsutawney Air Pollution Control Ordinance." Ordinance Chapter
97, §§
97-1 through
97-7, as amended, as previously enacted is hereby repealed. All other ordinances or parts thereof which are in conflict with this chapter are hereby repealed.
The Borough Council of the Borough of Punxsutawney, under and by virtue
of and pursuant to the authority granted by the Borough Code (53 P.S. § 45101
et seq.), as amended, does hereby enact and ordain this chapter.
Whereas the Borough Council of the Borough of Punxsutawney has determined
that air pollution from open burning may be detrimental to the health, comfort,
living conditions, welfare and safety of the citizens of the Borough of Punxsutawney,
it is hereby declared to be the policy of the Borough of Punxsutawney to safeguard
the citizens of the Borough of Punxsutawney from such air pollution.
The following words, terms and phrases, when used in this chapter, unless
the context clearly indicates otherwise, shall have the following meanings
ascribed to them:
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.
COUNCIL
The Borough Council of the Borough of Punxsutawney.
DOMESTIC REFUSE
Waste which is generated from the normal occupancy of a structure
occupied solely as a dwelling. The term includes appliances, carpets, demolition
waste (insulation, shingles, siding, etc.), furniture, mattresses or box springs,
paint, putrescible waste, solvents, tires or treated wood.
MUNICIPALITY
The Borough of Punxsutawney, which has been created under state law
and has jurisdiction over the subject matter herein.
OPEN BURNING
A fire, the air contaminants from which are emitted directly into
the outdoor atmosphere and not directed thereto through a flue.
PERSON
Any individual, public or private corporation, for profit or not
for profit, association, partnership, firm, trust, estate, department, board,
bureau or agency of the commonwealth or the federal government, political
subdivision, municipality, district, authority, or any other legal entity
whatsoever, which is recognized by law as the subject of rights and duties.
YARD WASTE
Leaves, grass clippings, garden residue, tree trimmings, chipped
shrubbery and any other vegetative material.
Any person who violates any provision of this chapter or any order of
the Borough of Punxsutawney issued pursuant to this chapter commits a summary
offense and shall, upon conviction, be sentenced to pay a fine of not less
than $100 nor more than $2,500 for each separate offense and, in default of
the payment of such fine, may be sentenced to imprisonment for 90 days for
each separate offense. Employees of the Borough of Punxsutawney authorized
to conduct inspections or investigations are hereby declared to be law enforcement
officers authorized to issue or file citations for summary violations under
this chapter, and the Solicitor for the Borough of Punxsutawney is hereby
authorized to prosecute these offenses. A summary offense may be prosecuted
before the appropriate District Justice. There is no accelerated rehabilitative
disposition authorized for a summary offense.
It shall be unlawful to fail to comply with or to cause or assist in
the violation of any of the provisions of this chapter or to fail to comply
with any order or other requirement of the Borough of Punxsutawney; or to
cause a public nuisance; or to cause air, soil or water pollution resulting
from an open burning incident; or to hinder, obstruct, prevent or interfere
with the Borough of Punxsutawney or its personnel in their performance of
any duty hereunder, including denying any employee of the Borough of Punxsutawney
access to the source or facility; or to violate the provisions of 18 Pa.C.S.A
§§ 4903 (relating to false swearing) or 4904 (relating to unsworn
falsification to authorities), as amended, in regard to papers required to
be submitted under this chapter.
A violation of this chapter or of any order issued by the Borough of Punxsutawney under this chapter shall constitute a public nuisance. The Borough of Punxsutawney shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the Borough of Punxsutawney may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in §
97-9. Whenever the nuisance is maintained or continued contrary to this chapter or any order issued pursuant to this chapter, the nuisance may be abatable in the manner provided by this chapter. Any person who causes the public nuisance shall be liable for the cost of abatement.
The provisions of this chapter are severable, and if any section, clause,
sentence, part or provision thereof shall be held to be illegal, invalid or
unconstitutional by any court of competent jurisdiction, such decision of
the court shall not affect or impair the remaining sections, clauses, sentences,
parts or provisions of this chapter. It is hereby declared to be the intent
of the Punxsutawney Borough Council that this chapter would have been adopted
if such illegal, invalid or unconstitutional section, clause, sentence, part
or provision had not been included herein.
This chapter shall become effective upon enactment.