Pursuant to Section 1527 of the Second Class
Township Code, the Board of Supervisors has the authority to adopt ordinances
which secure the safety of persons or property within the Township.
The Board of Supervisors, in enacting this chapter,
is furthering a policy to protect its citizens and property owners
from the problems and nuisances caused by unregulated open burning.
As used in this chapter, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
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 of burning
of refuse, sewage sludge, or any other combustible material.
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, 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, rubber, carpets,
wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings,
furniture, tin cans, glass, crockery, masonry and other similar materials.
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.
The Board of Supervisors of Shirley Township
or its designated Code Enforcement Officer shall have the power and
duty to enforce the provisions of this chapter.
[Amended 3-27-2008 by Ord. No. 2008-1]
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.