[HISTORY: Adopted by the Borough Council of the Borough of
Dallastown 10-27-2008 by Ord. No.
561, §§ 1-6. Amendments noted where
applicable.]
As used in this chapter, the following words and phrases shall
have the following meanings:
Any fire confined or contained in a fifty-five-gallon or
smaller fireproof receptacle constructed of metal, masonry or other
nonflammable material capable of fully containing the fire and sparks
from the material being burned therein, and equipped with a chimney
style outlet or flue or top or cover so constructed as to prevent
fly ash from escaping into the atmosphere.
All table refuse, animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Any fire not confined or contained in a fifty-five-gallon
or smaller fireproof receptacle constructed of metal, masonry or other
nonflammable material capable of fully containing the fire and sparks
from the material being burned therein, and equipped with a top or
cover so constructed as to prevent fly ash from escaping into the
atmosphere.
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.
Those materials which may be processed or refabricated for
reuse and which are specified by the Borough, or its designee, for
separation from the regular solid waste.
[Added 12-13-2021 by Ord.
No. 594]
Solids not considered to be highly flammable, explosive,
or otherwise recyclable material, including, but not limited to, rags,
old clothes, leather, carpets, excelsior, ashes, furniture, masonry,
crockery, and similar materials.
[Amended 12-13-2021 by Ord. No. 594]
Organic materials that come from residential, commercial,
retail, institutional, or industrial sources as part of maintaining
yards or other private and public lands, including, but not limited
to, grass, grass clippings, weeds, leaves, bushes, shrubs, and clippings
from any of the foregoing. It does not include construction or demolition
wastes, or clean wood.
[Added 12-13-2021 by Ord.
No. 594]
Confined burning shall be permitted within the Borough of Dallastown
so long as it is kept under competent and continuous supervision,
and all fires and coals therefrom shall be thoroughly extinguished
after the use of the confined burning has been completed; except that
the following are prohibited:
A.
No person, either directly or indirectly, shall ignite, kindle or
maintain any confined burning on any public street, highway, road
or alley.
B.
No person shall conduct a confined burning of any items, at any time,
for the purpose of disposal, that may be accommodated through services
provided by the Borough or a designee including, but not limited to,
household garbage, rubbish and trash and, large item pickup and recyclables.
C.
No person shall conduct a confined burning consisting of construction
residue, demolition waste, plastics, by-products of manufacturing
and processing operations, tires, tubes, tar, waste oil, roofing materials,
batteries, automobile parts, hazardous materials (pesticides, propane
tanks, etc.), waste from commercial operations and any other substances
which may emit noxious odors.
Open burning is hereby strictly prohibited in the Borough of
Dallastown. No person, either directly or indirectly, shall ignite,
kindle or maintain any open burning or permit any open burning to
be ignited, kindled or maintained anywhere within the Borough of Dallastown.
The Dallastown Rescue Fire Company No. 1, or its successor,
and the fire company dispatched from York County Control pursuant
to its dispatch protocol are hereby authorized to extinguish any open
burning and any confined burning within the Borough of Dallastown
when the Fire Chief or, in the Chief's absence, the highest acting
officer of the responding fire company deems that conditions warrant
such action.
The enforcement of this chapter shall be the responsibility
of the police department authorized by the Borough to provide police
service to the Borough, and the acting Fire Chief, the Mayor of Dallastown
and the Dallastown Code Enforcement Officer, each of whom shall have
the power to act on his or her own.
Any person who shall violate the provisions of this chapter
shall, upon conviction thereof, be sentenced to pay a fine of not
less than $50 nor more than $600 together with the costs of prosecution,
and in default thereof, be sentenced to imprisonment in the York County
Prison for a period of not more than 30 days.
