[HISTORY: Adopted by the Borough Council
of the Borough of Greencastle 8-30-1976 by Ord. No. 5-76; amended in its entirety 7-1-1985 (Ch. 7, Part
1, of the 1985 Code). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
The Borough Council of the Borough of Greencastle.
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.
[Added 8-6-2012 by Ord. No. 2012-08]
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 burning, smoldering or smoking
in the open or in a receptacle other than a furnace or incinerator.
A boiler, stove or furnace fired by wood, coal, oil or other
fuel that is not located within a building inhabited by human or animals,
used for the purpose of heating the principal structure or accessory
building or other structure on the premises.
[Added 11-2-2009 by Ord. No. 2009-03]
Any individual, partnership, association, corporation, department,
bureau, agency or other legal entity.
Garbage, rubbish and trade waste.
Solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, carpets,
wood, excelsior, paper, ashes, grass clippings, furniture, tin cans,
glass, crockery, masonry and other similar materials.
[Amended 8-6-2012 by Ord. No. 2012-08]
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 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.
Leaves, brush, tree trimmings, or chipped shrubbery.
[Added 8-6-2012 by Ord. No. 2012-08]
[Amended 8-6-2012 by Ord. No. 2012-08]
The Borough Council of the Borough of Greencastle has determined
that air pollution from open burning may be detrimental to the health,
comfort, living conditions, welfare, and safety of the citizens of
Greencastle. The Borough Council of the Borough of Greencastle approves
the provisions of this chapter to safeguard the citizens of Greencastle
from such air pollution.
[Amended 11-2-2009 by Ord. No. 2009-03; 8-6-2012 by Ord. No.
2012-08]
A.
Within the Borough limits, no person shall:
(1)
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
(2)
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;
(3)
Construct and/or operate an outdoor furnace;
(4)
Use any incinerator or container, to include burn barrels, for the
destruction of garbage, refuse, rubbish, or trade waste;
B.
Exceptions.
(1)
Open fires may be set in the performance of an official duty of any
public officer if the fire is necessary for any of the following,
provided that the fire complies with the Department of Environmental
Protection regulations and is approved by the fire chief having jurisdiction
in the municipality:
(2)
Open fires solely for the purpose of disposing yard waste may be
set, provided:
(a)
The fire is attended by a responsible person;
(b)
No garbage or rubbish is burned;
(c)
No hazardous condition will be created by such burning;
(d)
No such burning is allowed on any street, alley or sidewalk
within the Borough;
(e)
All such burning takes place between the hours of 7:00 a.m.
and 6:00 p.m.; and
(f)
No refuse is brought in from outside the Borough limits.
(3)
A fire set solely for cooking food.
(4)
A fire set solely for recreational or ceremonial purposes.
[Amended 8-6-2012 by Ord. No. 2012-08]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$300, and/or to imprisonment for a term not to exceed 90 days. Enforcement
shall be by action brought before a Magisterial District Judge in
the same manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure. A separate offense shall
arise for each day or portion of a day in which a violation is found
to exist or for each section of this chapter which is found to have
been violated. In addition, any person found guilty of violating an
ordinance may be assessed court costs and reasonable attorney fees
incurred by the Borough in the enforcement proceedings.
[Added 8-6-2012 by Ord. No. 2012-08]
The Code Enforcement Officer(s) and police officer(s) of the
Borough of Greencastle shall have the authority to administer the
provisions of this chapter including the investigation of complaints
and the issuance of notices of violation.
