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:
BONFIRE
An outdoor fire utilitzed for ceremonial purposes which is
greater than three feet in diameter and greater than two feet in height.
BOROUGH
The Borough of Shippensburg, Cumberland and Franklin Counties.
BURNING
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.
CLEAN WOOD
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.
COMPOSTING
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
COUNCIL
The Borough of Shippensburg Borough Council.
DEP
Pennsylvania Department of Environmental Protection.
DOMESTIC REFUSE
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.
ENFORCING OFFICER
The Borough of Shippensburg Manager, Codes Enforcement Officer,
Zoning Officer, police officer, Fire Chief, or any other duly authorized
agent of the Borough.
EPA
United States Environmental Protection Agency.
FIRE PIT/RING
A pit or ring that is no larger than three feet in diameter
and constructed of noncombustible material.
INCINERATOR
Any device specifically designed for the destruction, by
burning, of any combustible waste material.
MUNICIPALITY
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.
OPEN BURNING
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.
OUTDOOR WOOD-FIRED BOILER (OWB)
Also known as outdoor wood-fired furnaces, outdoor wood-burning
applicances, or outdoor hydronic heaters, water stoves, etc. A fuel-burning
device:
A.
Designed to burn clean wood or other approved solid fuels.
B.
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
C.
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.
PERSON
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.
PORTABLE OUTDOOR FIREPLACE
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.
RECREATIONAL FIRE
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.
RUBBISH
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.
SPARK ARRESTER
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.
STACK
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.
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, 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.
YARD WASTE
Leaves, grass clippings, weeds, vegetable, or other garden
debris, but does not include shrubbery, brush, tree branches, or tree
trimmings.
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.