This chapter shall be known and may be cited as the "Shippensburg
Borough Outdoor Burning Ordinance."
The Council of the Borough of Shippensburg, under, and by virtue
of and pursuant to the authority granted by the Borough Code, 53 P.S.
§§ 46202 and 46203, does hereby enact and ordain this
chapter.
Whereas the Council of the Borough of Shippensburg has determined
that air pollution from outdoor burning and the general hazards of
outdoor burning in a densely populated area may be detrimental to
the health, comfort, living conditions, welfare, and safety of the
citizens of the Borough of Shippensburg, it is hereby declared to
be the policy of the Borough of Shippensburg to safeguard the citizens
of the Borough of Shippensburg from such air pollution.
The following words, terms, and phrases, when used in this chapter,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
An outdoor fire utilitzed for ceremonial purposes which is
greater than three feet in diameter and greater than two feet in height.
The Borough of Shippensburg, Cumberland and Franklin Counties.
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.
Natural wood that has no paint, stains, or other types of
coatings, and natural wood that has not been treated with, including,
but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
The Borough of Shippensburg Borough Council.
Pennsylvania Department of Environmental Protection.
Waste which is generated from the normal occupancy of a structure
occupied solely as a dwelling by two families or less. The term does
not include appliances, carpets, demolition waste (insulation, shingles,
siding, etc.), furniture, mattresses or box springs, paint, putrescible
waste, solvents, tires, or treated wood.
The Borough of Shippensburg Manager, Codes Enforcement Officer,
Zoning Officer, police officer, Fire Chief, or any other duly authorized
agent of the Borough.
United States Environmental Protection Agency.
A pit or ring that is no larger than three feet in diameter
and constructed of noncombustible material.
Any device specifically designed for the destruction, by
burning, of any combustible waste material.
A city, incorporated town, township, borough, county, municipal
authority or other public body created under state law having jurisdiction
over the disposal of sewage, industrial waste, or other wastes.
The outdoor burning of any materials wherein products of
combustion are emitted directly into the ambient air without passing
through a stack or chimney from an enclosed chamber. For the purpose
of this chapter, open burning shall include burn barrels and other
similar vessels.
Also known as outdoor wood-fired furnaces, outdoor wood-burning
applicances, or outdoor hydronic heaters, water stoves, etc. A fuel-burning
device:
Designed to burn clean wood or other approved solid fuels.
That the manufacture specifies for outdoor installation or for
installation in structures not normally intended for habitation by
humans or domestic animals, including structures such as garages and
sheds; and
Which heats building space and/or water through the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a mixture of water and antifreeze.
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau or agency of the commonwealth or the federal
government, political subdivision, municipality, district, authority,
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
An appliance or device commercially manufactured out of noncombustible
materials such as steel, concrete, or clay to burn solid fuel (or
propane, gas, or other appropriate regulated fuel) out of doors for
the express purpose of recreation, heating, cooking or preparing food
for consumption.
An outdoor (open burn) fire or the burning of material other
than rubbish, leaves, and yard clippings where the fire being burned
is contained in a manufactured, freestanding fire pit or ring, or
outside stove not exceeding three feet in diameter and two feet in
height.
Solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
work excelsior, paper, ashes, tree branches, leaves, yard waste, furniture,
tin cans, glass, crockery, masonry and other similar materials.
A device (at the top of a chimney) to prevent sparks, embers
or other ignited material above a given size from being expelled to
the atmosphere.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a furnace, especially that part of a structure
extending above a roof.
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, plywood, drywall, insulation
material, plastic products, cartons, paint, grease, oil and other
petroleum products, chemicals, cinders and other forms of solid or
liquid waste materials.
Leaves, grass clippings, weeds, vegetable, or other garden
debris, but does not include shrubbery, brush, tree branches, or tree
trimmings.
A.
After the effective date of this chapter, no person shall permit
the open burning of any garbage, material, rubbish, trade waste, or
yard waste at any time within the Borough of Shippensburg with the
exception of the following:
(1)
A fire set to prevent or abate a fire hazard, when approved by the
Department of Environmental Protection's Regional Air Quality
Program office and set by or under the supervision of a public officer
(permit required).
(2)
Any fire set for the purpose of instructing personnel in firefighting,
when approved by the Department of Environmental Protection's
Regional Air Quality Program office (permit required).
(3)
A fire set for the prevention and control of disease or pests, when
approved by the Department of Environmental Protection's Regional
Air Quality Program office (permit required).
(4)
A fire set solely for cooking food in accordance with the provisions
of this chapter.
(5)
A fire set solely for recreational or ceremonial purposes in accordance
with the provisions of this chapter (permit required).
B.
Supervision of and requirements for fires. The following provisions
shall apply for all fires in the Borough of Shippensburg:
(1)
The property owner (or his agent) must personally supervise any and
all fires which occur on the property owner's land. Anyone supervising
a fire must be at least 18 years of age or older.
(2)
The property owner (or his agent) must be present outdoors on the
property at the fire at all times when smoke or flames are present.
(3)
All fires must be constantly attended until the fire has been properly
extinguished.
(4)
No accelerants can be utilized to start a fire. Such prohibited accelerants
include, but are not limited to, gasoline, diesel fuel, or any other
type of flammable fluid.
(5)
All fires must have a minimum of one portable fire extinguisher with
a minimum 4-A rating or other on-site fire-extinguishing equipment,
such as dirt, sand, water barrel, garden hose or water truck, in appropriate
quantities needed for immediate utilization.
(6)
Ashes, smoldering coals, wood and embers, or other material likely
to spontaneously ignite, shall not be disposed of or allowed to remain
within 10 feet of any combustible materials, but shall be deposited
in noncombustible containers, but in no case less than two feet from
any building wall or partition.
C.
Burn permit. All permits required under any provision of this chapter
shall be issued under accepted fire codes and recommendations of the
Borough Fire Chief or Assistant Fire Chiefs as follows:
(1)
A burn permit shall be obtained from the Borough office a minimum
of 72 hours prior to burning. The applicant shall provide name, address,
phone number, and the purpose of the burn.
(2)
Before a burn permit is issued, an inspection may be made by the
Fire Chief or Assistant Fire Chief to assure that the location complies
with accepted fire codes and ordinances.
A.
The enforcing officer shall have the power and duty to enforce the
provisions of this chapter.
B.
The enforcing officer may issue such orders as are necessary to aid
in the enforcement of the provisions of this chapter. These orders
shall include, but shall not be limited to:
(1)
Orders requiring persons to cease unlawful outdoor burning which,
in the course of its occurrence, is in violation of any provision
of this chapter.
(2)
Orders to take corrective action or to abate a public nuisance.
(3)
Orders requiring the testing, sampling, or monitoring of any outdoor
burning.
(4)
Orders requiring production of information.
(5)
Orders to cease outdoor burning when extreme dry conditions or drought
warrant a ban on all burning.
(6)
Orders to cease outdoor burning when smoke and/or ash emissions are
or may be objectionable, offensive, or deleterious to human or animal
health; permeate or crosses neighboring properties; or falls on buildings,
vehicles, or vegetation.
C.
Such an order may be issued if the enforcing officer finds that any
condition existing in or on the facility or source involved is causing
or contributing to outdoor burning or if the enforcing officer finds
that any person is in violation of any provision of this chapter.
D.
The enforcing officer may, in his orders, require compliance with
such conditions as are necessary to prevent or abate outdoor burning
or affect the purposes of this chapter.
E.
An order issued under this section shall take effect upon notice,
unless the order specifies otherwise. An appeal to the Borough Council
of the order shall not act as a supersedeas; provided, however, that,
upon application and for cause shown, the Borough Council may issue
such a supersedeas under rules established by the Borough Council.
F.
The authority of the enforcing officer to issue an order under this
section is in addition to any remedy or penalty which may be imposed
pursuant to this chapter. The failure to comply with any such order
is hereby declared to be a public nuisance.
A.
Whenever an enforcing officer finds that outdoor burning is occurring in the Borough of Shippensburg, other than those exceptions noted in § 109-5 above, the enforcing officer may order the owner or operator to take corrective action in a manner satisfactory to the Borough, or the enforcing officer may order the owner or operator to allow access to the land by the enforcing officer or a third party to take such action.
B.
For purposes of collecting or recovering the costs involved in taking correction action or pursuing a cost recovery action pursuant to an order or recovering the cost of litigation, oversight, monitoring, sampling, testing, and investigation related to a corrective action, the Borough may collect the amount in the same manner as civil penalties are assessed and collected following the process for collection of a civil penalty contained in § 109-9 of this chapter.
A.
Any person who violates any provision of this chapter or any order
of the Borough of Shippensburg issued pursuant to this chapter commits
a summary offense and shall, upon conviction, be sentenced to pay
a fine of not less than $100 nor more than $1,000 for each separate
offense and, in default of the payment of such fine, may be sentenced
to imprisonment for 30 days for each separate offense. Employees of
the Borough authorized to conduct inspections or investigations are
hereby declared to be law enforcement officers authorized to issue
or file citations for summary violations under this chapter, and the
Borough of Shippensburg Counsel is hereby authorized to prosecute
these offenses. For purposes of this section, a summary offense may
be prosecuted before any district justice in the Borough of Shippensburg.
There is no accelerated rehabilitative disposition authorized for
a summary offense.
B.
Any person found responsible for a violation of any offense pursuant
to this chapter shall have his burning privileges suspended for 60
days for any and all properties which he owns within the Borough of
Shippensburg, unless the Borough Manager or his designee waives all
or part of that suspension for good cause shown.
In addition to proceeding under any other remedy available at
law or in equity for a violation of a provision of this chapter or
any order issued pursuant to this chapter, the Borough of Shippensburg
may assess a civil penalty for the violation. The penalty may be assessed
whether or not the violation was willful. The civil penalty so assessed
shall not exceed $600 per day for each violation. In determining the
amount of the penalty, the Borough of Shippensburg shall consider
the willfulness of the violation; damage to air, soil, water, or other
natural resources of the Borough or their uses; financial benefit
to the person in consequence of the violation; deterrence of future
violations; cost to the Borough; the size of the source or facility;
the compliance history of the source; the severity and duration of
the violation; degree of cooperation in resolving the violation; the
speed with which compliance is ultimately achieved; whether the violation
was voluntarily reported; other factors unique to the owners or operators
of the source or facility; and other relevant factors. Pursuant to
53 P.S. 48321(6), any person found guilty of violating this chapter
may be assessed court costs and reasonable attorney fees incurred
by the Borough in the enforcement proceedings.
It shall be unlawful to fail to comply with or to cause or assist
in the violation of any of the provisions of this chapter or to fail
to comply with any order or other requirement of the Borough; or to
cause a public nuisance; or to cause air, soil, or water pollution
resulting from an open burning incident; or to hinder, obstruct, prevent,
or interfere with the Borough or its personnel in their performance
of any duty hereunder, including denying the enforcing officer access
to the source or facility; or to violate the provisions of 18 Pa.C.S.
§ 4903 (relating to false swearing) or § 4904
(relating to unsworn falsification to authorities) in regard to documents
required to be submitted under this chapter. The owner or operator
of an open burning source shall not allow pollution of the air, water,
or other natural resources of the Borough to result from the source.
A violation of this chapter or of any order issued by the enforcing officer under this chapter shall constitute a public nuisance. The Borough shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the Borough may recover the expenses of abatement following the process contained in Chapter 106 of the Code of the Borough of Shippensburg entitled "Nuisances." Whenever the nuisance is maintained or continued contrary to this chapter or any order issued pursuant to this chapter, the nuisance may be abatable in the manner provided by Chapter 106. Any person who causes the public nuisance shall be liable for the cost of abatement.
