Borough of New Eagle, PA
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of New Eagle 10-4-2016. 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:
COUNCIL
The Council of the Borough of New Eagle.
FURNACE
Any enclosed device specifically designed for burning 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, including a burn barrel.
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, corporation, department, bureau, agency or other legal entity.
REFUSE
Garbage, rubbish and trade waste.
RUBBISH
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.
The Council of the Borough shall have the power and duty to enforce the provisions of this chapter.
A. 
Within the Borough limits, no person shall:
(1) 
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
(2) 
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.
B. 
Exceptions. (Exceptions shall not apply to commercial property.)
(1) 
Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for:
(a) 
The prevention of a fire hazard which cannot be abated by other means; or
(b) 
The protection of public health.
(2) 
Open fires may be set, provided:
(a) 
Leaves, branches and other nonputrescible vegetable matter only are burned;
(b) 
There is no practical available alternative method for disposal of the material to be burned;
(c) 
No hazardous or other objectionable condition will be created by such burning;
(d) 
No such burning is allowed on any street or sidewalk within the Borough;
(e) 
All such burning takes place between the hours of 7:00 a.m. and 11:00 a.m. on Wednesdays and between the hours of 7:00 a.m. and dusk on Saturdays; and
(f) 
The individual setting the fire must be present.
(g) 
All burning must be completed by the stated times.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000 plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Washington County.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed. It is the intent of this chapter to enhance the provisions of previous air pollution control ordinances rather than the complete repeal of such ordinances.