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:
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 by 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, trade waste and recyclable paper.
RUBBISH
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.
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 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. 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. 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.
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.