[Ord. 234, 6/15/1993, § 1]
Reliance Hose Company No. 1, a volunteer fire company, organized
and existing in the Borough of Middleburg, Snyder County, Pennsylvania,
is hereby designated as the officially recognized fire company for
the Borough.
[Ord. 234, 6/15/1993, § 2]
1.
The fire company recognized by the Borough is hereby authorized to
provide such services to the Borough as may be necessary for the protection
of property and persons situate therein, which include, by way of
example and not of limitation, the extinguishment and prevention of
loss of life and property from fire, automobile accidents, medical
emergencies, hazardous materials incidents and other dangerous situations.
2.
The fire company may also provide nonemergency and public service
functions, such as, again by way of example and not of limitation,
removing water from property after storms and assisting in the removal,
abatement and prevention of damage or injury to persons or property,
whether through natural causes or man-made situations.
3.
The fire company may also conduct and participate in such training
activities and drills, either within or outside the Borough, as may
be deemed necessary by the officers of the fire company to maintain
proficiency in providing service.
4.
The fire company may also respond to calls and provide services to
municipalities outside of the Borough.
[Ord. 234, 6/15/1993, § 3]
In addition to actually participating in the activities of the
fire company as authorized above, or in going to or returning from
any activity, the members of the fire company recognized by the Borough
are also authorized to do the following things:
A.
Engage in any type of drill, training, ceremony, practice, test or
parade when duly called for or authorized by an officer or officers
of the fire company.
B.
Engage in fund-raising activities for the fire company, when authorized
by an officer or officers of the fire company.
C.
Engage in the performance of any other duty or activity authorized
by any officer of the recognized fire company.
[Ord. 234, 6/15/1993, § 4]
The purpose of this Part is to recognize Reliance Hose Company
No. 1 as the official fire company of the Borough and to state additional
authorized activities for firefighters for workers' compensation purposes.
[Ord. 319, 6/11/2013]
The Borough hereby declares it to be necessary to provide for
the proper restriction and regulation of outdoor burning within the
Borough in order to protect the public health, safety and welfare.
This Part 2 is enacted to promote the general health, safety and welfare
of the community by setting forth regulations on outdoor burning,
enforceable by the Borough, that are more stringent than the outdoor
burning regulations of the Pennsylvania Department of Environmental
Protection or its successor.
[Ord. 319, 6/11/2013]
The following words, used in this Part 2, shall have the meanings given to them in this section, unless the context clearly indicates otherwise:
Smoke, dust, fumes, gas, odor, mist, vapor, pollen or any
combination thereof.
The Borough of Middleburg, Snyder County, Pennsylvania.
The duly appointed Administrator for the Borough of Middleburg,
Snyder County, Pennsylvania.
The undergoing of rapid combustion of a substance in such
a manner as to give off heat, gases and usually, but not always, light.
Any noncombustible container or enclosure used to dispose
of materials through burning which does not contain holes greater
than one inch and which is covered by a wire mesh or other noncombustible
cover to prevent fly ash from escaping into the atmosphere.
[Amended by Ord. No. 351, 11/10/2020]
Any discarded animal or vegetable matter.
Air contaminants which have an odor that causes annoyance
or discomfort to the public and that the Borough determines to be
objectionable to the public.
A portion of privately owned land which is situated so that
it is free of any and all overhead obstructions, including but not
limited to trees, branches, buildings, wires and cables, so that it
is not a fire hazard when in use. An "open area" shall not include
a public street, alley or road.
A natural person, firm, partnership, association, corporation,
trust or any entity with legal responsibilities. Whenever used in
any clause prescribing or imposing a fine or imprisonment, or both,
"person" shall mean, as applied to associations, the partners or members
thereof and, as applied to corporations, the officers thereof.
Any synthetic or natural organic materials made from or consisting
of resins, resinoids, polymers, cellulose derivatives, casein materials
and proteins.
A highly elastic solid substance polymerized by the drying
and coagulation of the latex of rubber trees and plants.
Any unwanted material that is rejected or discarded, including
but not limited to debris, litter, trash, refuse and disposable diapers.
Any substance made exclusively of wood, including but not
limited to newspapers, magazines, brush, trees and similar natural
items, but specifically excluding leaves.
[Ord. 319, 6/11/2013]
No person shall burn garbage, rubbish, rubber, plastic, furniture,
glass, metals, cans, car products, leaves or any other material that
creates malodorous air contaminants in any manner within the Borough
unless otherwise authorized in writing by the Pennsylvania Department
of Environmental Protection or its successor. Except as otherwise
provided in this Part 2, all outdoor burning is prohibited within
the Borough.
[Ord. 319, 6/11/2013]
The prohibition of § 7-203 above shall not apply where the burning results from:
A.
A fire set to prevent or abate a fire hazard, when approved by the
Borough Administrator and set by or under the supervision of the Fire
Chief or Chief of Police;
B.
Any fire set to instruct personnel in firefighting, when approved
by the Borough Administrator;
C.
A fire set for the prevention and control of disease or pests, when
approved by the Borough Administrator;
D.
A fire set solely for ceremonial purposes by bona fide groups of
individuals, such as hunting camps, or public organizations, such
as Boy Scouts or Girl Scouts;
E.
A fire set solely to cook food for immediate consumption such as
would be prepared on a campfire, charcoal grill or gas grill;
F.
Any fire of dry, not green, wood, wood chips, and/or charcoal which
is contained by a noncombustible structure no greater than three feet
in diameter or three feet square.
[Amended by Ord. 325, 1/13/2015]
[Ord. 319, 6/11/2013]
1.
The Borough Council or the Snyder County Commissioners may prohibit
any and all outdoor fires when atmospheric conditions or local circumstances
make such fires hazardous.
2.
The burning of any material upon any public street or alley is prohibited.
3.
A responsible adult must be outside near the fire at all times when
any outdoor burning takes place.
4.
All fires must be extinguished thoroughly; no smoldering is allowed
at any time.
[Ord. No. 351, 11/10/2020[1]
1.
Any person desiring to conduct a public demonstration involving the
burning of flags or other items in the Borough of Middleburg shall
make application to the Borough office for a permit therefor on a
form made available by the Borough for such purpose. No fee shall
be charged to make such application.
2.
The Borough shall decide any application for issuance of a permit
for any demonstration involving the burning of a flag or other item
for the proposed date if application is made therefor at least two
business days immediately preceding the date of the proposed demonstration.
3.
Any permit as issued shall be subject to the following terms:
A.
The permittee must ensure that an operable fire extinguisher will
be present at the proposed demonstration at all times.
B.
No permittee shall burn a flag or other item exceeding four feet
by six feet in area.
C.
No permittee shall burn any item except directly in a burn container.
D.
No permittee shall leave the scene of a demonstration without ensuring
that any fire started as part of the demonstration has been fully
extinguished.
[Ord. 319, 6/11/2013; as amended by Ord. No. 351, 11/10/2020]
1.
Any person who violates any provision of this Ordinance shall be
sentenced:
A.
Upon the conviction of a first violation, to pay a fine of not less
than $100 nor more than $500 and costs of prosecution, and in default
of payment of such fines and costs, to imprisonment for not more than
30 days.
B.
Upon conviction for second or subsequent violation, to pay a fine
of not less than $500 nor more than $1,000 and costs of prosecution,
and in default of payment of such fines and costs, to imprisonment
for not more than 90 days.
2.
Each day that a violation continues after notice of the violation
has been served shall be deemed to be a separate offense.
[Ord. 319, 6/11/2013; as amended by Ord. No. 351, 11/10/2020]
The provisions of this Part 2 shall be enforced by the Borough
police or by civil action, or both, as the Borough may elect.
