[HISTORY: Adopted by the City Council of the City of Pittston 11-18-1998 by Ord. No. 1998-2. 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:
- CITY COUNCIL
- The City Council of the City of Pittston.
- 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.
- OPEN FIRE
- A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator.
- 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, rubber, carpets, wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings, 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 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.
Within the City of Pittston limits, 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 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; or
Ignite or feed any fire in any public or private place or cause, suffer, allow or permit the feeding of any fire in the City of Pittston, Luzerne County, and the Commonwealth of Pennsylvania.
The following are exceptions:
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; or
Any fire maintained solely for the purpose of firefighter training by the Pittston City Fire Department, its successors and assigns; provided, however, that said burning shall not be permitted to emit noxious fumes or flying debris.
Nothing herein provided shall prohibit:
Any fires, or incineration, so long as such activity is carried on wholly within the confines of a permanent structure intended for the inhabitation of human beings; or
Any fire, the sole purpose of which is to cook or prepare food, provided that said fire is confined in a fireproof container.
The City Council of the City of Pittston shall appoint the Code Enforcement Officer and the Pittston City Police Department, who shall have the power to enforce the provisions of this chapter.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and, in default of payment, to imprisonment for a term not to exceed 30 days.