This chapter shall be known and may be cited as the "Aleppo
Township Air Pollution Control Ordinance of 1968."
Whereas the Board of Commissioners of Aleppo has determined
that air pollution from an open fire may be detrimental to the health,
comfort, living conditions, welfare and safety of the citizens of
Aleppo Township, it is hereby declared to be the policy of Aleppo
Township to safeguard the citizens of Aleppo Township 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:
BOARD
The Township Board of Commissioners.
FURNACE
Any enclosed device specifically designed for the burning
of 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, syndicate, company,
firm, trust, corporation, department, bureau, agency or other entity
recognized by law as the subject of rights and duties.
REFUSE
Garbage, rubbish and trade waste as defined herein, but not
to include wood, brush, tree trimmings, paper or paper products or
waste products resulting from normal household use.
RUBBISH
Solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
excelsior, ashes, 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 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 forms of solid or liquid waste materials; provided,
however, that trade waste shall not include any coal refuse associated
with the mining or preparation of coal.
The Township of Aleppo (Chief of Police, Fire Chief, health
officer, or any other duly authorized agent) shall have the power
and duty to enforce the provisions of this chapter.
After the effective date of this chapter, no person shall 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 of any
building or 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;
provided, further, that no burnings whatsoever of any kind, whether
of prohibited or permitted categories, will be permitted on any Sunday
or legal holiday.
Open fires may be set in the performance of an official duty
of any public officer if the fire is necessary for the prevention
of a fire hazard which cannot be abated by other means or the protection
of public health; provided, however, that nothing contained herein
shall be construed to interfere or conflict with the present county
regulations requiring the obtaining of permits for burning coming
within the provisions of the county regulations, and these burnings
shall continue to require permits in accordance with the provisions
of the county regulations.
[Amended 6-11-1985 by Ord. No. 124]
Any person violating any of the provisions of this chapter shall,
upon conviction thereof by any Magisterial District Judge, be sentenced
to pay a fine of not less than $25 nor more than $150, together with
costs, for the first violation and not less than $50 nor more than
$300, together with costs, for the second and subsequent violations.
Each day that a violation exists shall constitute a separate offense.
In default in the payment of any fine, the defendant shall be sentenced
to jail for a period not exceeding 30 days.