[HISTORY: Adopted by the Borough Council of the Borough of
Mahanoy City 10-13-1998 by Ord. No. 98-2. Amendments noted where
applicable.]
This chapter shall be referred to and cited as the "Borough
of Mahanoy City Burning Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
Any enclosed device specifically designed for burning any
material for the production of heat.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Any device specifically designed for the destruction by burning
of refuse, sewage sludge or any other combustible material.
A fire in which any material is burned in the open or in
a receptacle other than a furnace or incinerator.
Any individual, partnership, association, corporation, department,
bureau, agency or other legal entity.
Garbage, rubbish, trade waste and recyclable paper.
Solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
wood, tree branches, tree leaves, yard trimmings, furniture, tin cans,
glass, crockery, masonry and other similar materials.
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.
All solid or limited 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.
Within the limits of the Borough of Mahanoy City, no person
shall:
A.Â
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
B.Â
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.
A.Â
Subject to the following exceptions, open fires may be set:
(1)Â
In the performance of an official duty of any public officer, if
the fire is necessary for the prevention of a fire hazard which cannot
be abated by other means or the protection of public health. The provisions
of this chapter shall not apply to the use of barbecue grills, fireplaces,
etc., for the purposes of food preparation.
B.Â
This chapter does not prohibit the issuance of a special burning
permit by the local Fire Chief whenever circumstances so dictate.
Such special permit shall be issued, in writing, by the Fire Chief
on a form provided by the Borough. In granting such permit, the Fire
Chief shall determine whether or not the fire company shall be in
attendance. Additionally, the Fire Chief must obtain approval from
the Borough Council Fire Committee prior to the issuance of any special
permit.
This chapter shall be enforced by the Borough of Mahanoy City
Police Department.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding 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 court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Schuylkill County.
