[HISTORY: Adopted by the Borough Council of the Borough of Jersey Shore as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 254.
Zoning — See Ch. 300.
[Adopted 3-18-1993 by Ord. No. 1-1993; amended in its entirety 4-3-2000 by Ord. No. 2-2000 (Ch. 7, Part 1, of the 1996 Code)]
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
ALUMINUM CANS
Empty all-aluminum beverage and food containers.
[Added 1-12-2009 by Ord. No. 1.12.2009]
BIMETALLIC CONTAINERS
Empty food or beverage containers consisting of steel and aluminum.
[Added 1-12-2009 by Ord. No. 1.12.2009]
CORRUGATED CARDBOARD
Structural paper material with an inner core shaped in rigid parallel furrows and ridges. This definition does not refer to liner board or paperboard such as that used in cereal boxes.
[Added 1-12-2009 by Ord. No. 1.12.2009]
GARBAGE
All animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass.
[Added 1-12-2009 by Ord. No. 1.12.2009]
MAGAZINES and PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly included are all other paper products of any nature whatsoever.
[Added 1-12-2009 by Ord. No. 1.12.2009]
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinion-containing advertisements and other matter of public interest.
[Added 1-12-2009 by Ord. No. 1.12.2009]
OPEN FIRE
A fire in which any material is burned outdoors.
PLASTIC CONTAINERS
Empty plastic containers identified and labeled as No. 1 through 7 plastic.
[Added 1-12-2009 by Ord. No. 1.12.2009; amended 12-14-2015 by Ord. No. 2015-06]
PUBLIC OFFICER
The Fire Chief, Assistant Fire Chief and Emergency Management Coordinator of the Borough of Jersey Shore; and any employee of the Borough of Jersey Shore, while engaged in the performance of his duties.
RECYCLABLE MATERIAL
[Added 12-14-2015 by Ord. No. 2015-06]
A. 
Newspaper and inserts.
B. 
Magazines and catalogs.
C. 
Junk mail, envelopes, file folders, shredded paper.
D. 
Office white, colored and computer paper (staples and paper clips okay).
E. 
Corrugated cardboard boxes.
F. 
Cereal and gift boxes (remove liners).
G. 
Paper bags and phone books.
H. 
Books.
I. 
Aluminum cans (beer and soda).
J. 
Aluminum foil and foil plates, etc.
K. 
Glass bottles and jars (food and drink only).
L. 
No. 1 through No. 7 plastics (plastic bottles, jars, tubs and rigid containers).
M. 
Metal food cans and lids (tin/steel).
N. 
Metal pots and pans.
O. 
Empty aerosol cans.
P. 
Cartons (juice, milk, soup and broth, wine, soy milk).
Q. 
Composite (paperboard) cans.
REFUSE
Garbage, rubbish and trade waste.
RESPONSIBLE PERSON
A person at least 12 years of age who does not suffer from any condition, disease or disability which substantially impairs his or her ability to effectively monitor and to control fires.
RUBBISH
Solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, excelsior, ashes, yard trimmings, leaves, 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.
SUPERVISED
The requirement of this article that all fires be supervised shall be deemed satisfied only when a responsible person remains at all times within 35 feet of the fire, situate outside of any structure, and at a location at which the fire is at all times in view.
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.
[Amended 1-12-2009 by Ord. No. 1.12.2009; 12-14-2015 by Ord. No. 2015-06]
Within the Borough of Jersey Shore, no person shall:
A. 
Ignite or feed and open fire for the destruction of any recyclable material refuse, branches, nonrecyclable cardboard, paper, wood, or in the conduct of a salvage operation, in any public or private place.
B. 
Cause, suffer, allow or permit the maintenance of any open fire for the destruction of refuse, branches, paper, nonrecyclable cardboard or wood, or in the conduct of a salvage operation, on any property under his control, or on any property owned by him, outside of any building.
C. 
It shall be unlawful to burn any recyclable material that is collected in the Borough. Currently, the following recyclable materials are collected in the Borough:
(1) 
Newspaper and inserts.
(2) 
Magazines and catalogs.
(3) 
Junk mail, envelopes, file folders, shredded paper.
(4) 
Office white, colored and computer paper (staples and paper clips okay).
(5) 
Corrugated cardboard boxes.
(6) 
Cereal and gift boxes (remove liners).
(7) 
Paper bags and phone books.
(8) 
Books.
(9) 
Aluminum cans (beer and soda).
(10) 
Aluminum foil and foil plates, etc.
(11) 
Glass bottles and jars (food and drink only).
(12) 
No. 1 through No. 7 plastics (plastic bottles, jars, tubs and rigid containers).
(13) 
Metal food cans and lids (tin/steel).
(14) 
Metal pots and pans.
(15) 
Empty aerosol cans.
(16) 
Cartons (juice, milk, soup and broth, wine, soy milk).
(17) 
Composite (paperboard) cans.
The prohibition expressed in § 126-2 shall be subject to the following exceptions:
A. 
Open fires may be set by a public officer in the performance of his official duty if the fire is necessary for:
(1) 
The prevention of a fire hazard which cannot be abated by other means.
(2) 
The protection of public health.
B. 
Open fires may be set pursuant to a written permit issued by the Borough Manager, provided that such open fires are set and conducted in accordance with all instructions issued by the Borough Manager.
C. 
Open fires may be set subject to each of the following conditions:
(1) 
Branches, paper, nonrecyclable cardboard and wood only may be burned.
[Amended 1-12-2009 by Ord. No. 1.12.2009]
(2) 
All fires must be contained in a noncombustible container located no closer than 15 feet from the nearest structure or property line, and covered with a screen having mesh of 1/2 inch or smaller. In order to provide adequate oxygen to promote proper combustion, any container used to contain fires permitted under this article shall contain adequate perforations to permit oxygen to enter through the sides of such container. Perforations required under the terms of this section shall measure 1/2 inch or smaller.
(3) 
All fires must be continuously supervised by a responsible person from the time of ignition until such time as the fire is fully extinguished and smoke no longer emanates from the container.
(4) 
All fires must be conducted in such a manner as to make certain that no hazardous or other objectionable condition will be created.
(5) 
Fires set pursuant to the terms of this section shall be permitted only on Thursdays, between the hours of 9:00 a.m. and 7:00 p.m., except that no fire shall be permitted on any legal holiday.
The Police Department of the Borough of Jersey Shore and the Code Enforcement Officer of the Borough of Jersey Shore shall have the power to enforce the provisions of this article.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.
[Adopted 12-14-2015 by Ord. No. 2015-07]
This article shall be known as the "Jersey Shore Borough Recreational Open Burning Ordinance."
Recreational burning is permitted, provided that:
A. 
The fire is wholly contained within the fire receptacle or fireplace;
B. 
The fire is covered by a screen to control the emission of ash and embers;
C. 
The fire receptacle is located not less that 15 feet from the property line or not less than 15 feet from any structure located on an abutting and subject property;
D. 
No fire shall be set or maintained on any public road right-of-way or on any public property;
E. 
The fire is not unattended; and
F. 
The fire is attended at all times by an individual 18 years or older who is not under the influence of drugs or alcohol or suffering from any other disability which would impair his or her ability to properly supervise a fire;
G. 
There shall be readily available a means of fire suppression as may be necessary to take control of the fire;
H. 
There is not more than one fire receptacle or fireplace located on the lot;
I. 
The fire must be conducted in a manner that is not harmful to a neighboring property;
J. 
The fire is not conducted in a manner that, due to atmospheric conditions, such as a draft or wind, would be a safety hazard; and
K. 
The fire itself cannot be higher than four feet.
Should Lycoming County declare a burning ban, said burning ban shall be applicable to recreational fires and the same shall be prohibited until said Lycoming County burning ban is lifted.
A fire used for cooking purposes in a fireplace, gas grill, charcoal grill, and the like shall not be considered a recreational fire, for the purposes of this article.
A person utilizing or maintaining an outdoor fire shall be responsible for all fire-suspension costs and any other liability resulting from damage caused by the fire.
The Tiadaghton Valley Regional Police Department and any other law enforcement agencies and any and all Borough officials or representatives may for cause inspect any property for compliance with the provisions of this article.
Any person violating any of the provisions of this article shall be guilty of a summary offense and upon conviction shall be subject to a fine of not more than $300. Each act in violation of any of the provisions hereof shall be deemed a separate offense.