[HISTORY: Adopted by the Borough Council of the Borough of
Dalton 5-13-2010 by Ord. No. 2-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor furnaces — See Ch. 202.
This chapter shall be known and may be cited as the "Dalton
Borough Open Fire and Burning Ordinance."
A.
Because pollution of the air is detrimental to the health, comfort,
living conditions, welfare and the safety of the citizens of Dalton
Borough, it is hereby declared to be the policy of Dalton Borough
to safeguard the citizens of Dalton Borough from air pollution.
B.
All outdoor burning is hereby discouraged because of the adverse
effects to the environment and the detrimental impact on health, safety
and general welfare of the citizens of Dalton.
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
Any duct, passage, stack, chimney or conduit permitting air
contaminants to be emitted into the air.
Any enclosed device specifically designed for burning any
material for the production of heat.
All putrescent animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
The Council of the Borough of Dalton.
Any device specifically designed for the destruction by burning
of refuse, sewage sludge, or any other combustible material.
That property of a substance which affects the sense of smell.
Any unenclosed fire wherein air contaminants, including smoke
and/or odor, are emitted to the open air and are not directed thereto
through a flue.
A fire in which any material is burned in the open or in
a receptacle other than a barbecue grill, chimaera, ornamental patio
warmer.
Any individual, partnership, association, corporation, department,
bureau, agency or other legal entity.
Materials designated as recyclable in Chapter 290, Solid Waste, Article II, Recycling, or any amendment thereto, or required by the terms of said Chapter 290, Article II, or any amendment thereto, or designated by resolution of the Borough of Dalton, to be kept separate from municipal waste and recycled, including leaf waste.
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.
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.[1]
Extremely small solid particles produced by incomplete combustion
or organic substances, and includes, but is not limited to, flue ash,
cinders, tarry matter, unburned gases, soot or carbon and gaseous
combustion products.
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.
No person shall conduct any open burning of materials including
but not limited to refuse, recyclables, leaf waste or salvage operations
within the Borough of Dalton, subject to the following exceptions:
B.
Public barbecue. A nonprofit community organization may conduct a
public barbecue and may construct and operate a barbecue pit subject
to obtaining a permit from the Chief of Police of Dalton Borough in
accordance with the provisions of this chapter.
C.
Outdoor cooking. Any burning, the sole purpose of which is to cook
or prepare food, provided that said fire is confined in a fireplace,
cooking grill or other container designed for outdoor cooking.
D.
Bonfires. Bonfires may only be conducted by a government, school
district or a community based organization and shall be permitted,
provided that such bonfire is conducted in accordance with the provisions
of this chapter and a permit has been issued by the Chief of Police
of Dalton Borough. The bonfire shall be fully extinguished at the
time specified on the permit, and all safety precautions as directed
by the Chief of Police as part of the permitting process must be strictly
followed.[1]
A permit issued by Dalton Borough shall be required for any
open burning allowed by this chapter. Any person proposing to set
an open fire which requires a permit shall obtain the permit prior
to setting the fire. As a precondition for the issuance of the permit
the person applying for same agrees to permit the Chief of Police,
the Chief of the Dalton Fire Department or their designees to inspect
the area upon which the proposed fire is to be set. Further, the Dalton
Police Chief will impose reasonable public health and safety conditions
upon the premises where the fire is proposed to be set. The person
applying for the permit agrees to allow the Chief of Police and the
Dalton Fire Department to enter upon their property at any time during
the time in which the permitted fire is burning and to perform such
inspections that may be necessary subsequent to the burn to ensure
that the fire is properly extinguished and that all conditions related
to the issuance of the permit have been met.
A.
Council of the Borough of Dalton by this chapter intends to authorize
the Dalton Borough Police Chief and the Dalton Police Department as
the enforcement officers with full power to enforce the provisions
of this chapter. Further, the Chief of the Dalton Volunteer Fire Department
is designated as a resource to assist the Dalton Borough Police Department
with the imposition of any conditions related to public health and
safety as part of the permit issuance process.
B.
Dalton Borough through the Police Chief may issue such orders that
are necessary to aid in the enforcement of the provisions of this
chapter. These orders shall include, but shall not be limited to:
orders requiring persons to cease unlawful open burning which, in
the course of its occurrence, is in violation of any provision of
this chapter; orders to take corrective action or to abate a public
nuisance; orders requiring the testing, sampling, or monitoring of
any burning; or orders requiring production of information. Such an
order may be issued if the Dalton Police Chief finds that any condition
existing in or on the facility or source involved is causing or contributing
to open burning or if the Dalton Police Chief finds that any person
is in violation of any provision of this chapter.
C.
The Dalton Police Chief may, in its order, require compliance with
such conditions as are necessary to prevent or abate open burning
or effect the purposes of this chapter.
D.
An order issued under this section shall take effect upon notice,
unless the order specifies otherwise. An appeal to the Dalton Borough
Council from an order of the Police Chief shall not act as a supersedeas.
E.
The authority of the Dalton Police Chief to issue an order under
this section is in addition to any remedy or penalty which may be
imposed pursuant to this chapter. The failure to comply with any such
order is hereby declared to be a public nuisance.
A.
Whenever the Dalton Chief of Police finds that open burning is occurring in the Borough of Dalton, other than those exceptions noted in § 162-4 above, the Chief of Police may order the owner or operator to take corrective action in a manner satisfactory to the Chief of Police, or the Chief of Police may order the owner or operator to allow access to the land to a third party, including but not limited to the Dalton Volunteer Fire Department, to take such action.
B.
For purposes of collecting or recovering the costs involved in taking corrective action or pursuing a cost recovery action pursuant to an order or recovering the cost of litigation, oversight, monitoring, sampling, testing, and investigation related to a corrective action, Dalton Borough may collect the amount in the same manner as civil penalties are assessed and collected following the process for assessment and collection of a civil penalty contained in § 162-9 of this chapter.
Any person who violates any provision of this chapter or any
order of the Dalton Chief of Police issued pursuant to this chapter
commits a summary offense and shall, upon conviction, be sentenced
to pay a fine of not less than $100 nor more than $2,500 for each
separate offense and, in default of the payment of such fine, may
be sentenced to imprisonment for 90 days for each separate offense.
A.
In addition to proceeding under any other remedy available at law
or in equity for a violation of a provision of this chapter or any
order issued pursuant to this chapter, the Borough of Dalton may assess
a civil penalty for the violations. The penalty may be assessed whether
or not the violation was willful. The civil penalty so assessed shall
not exceed $25,000 per day for each violation. In determining the
amount of the penalty, the Borough of Dalton shall consider the willfulness
of the violation; damage to air, soil, water, or other natural resources
of the Borough of Dalton or their uses; financial benefit to the person
in consequence of the violation; deterrence of future violations;
cost to the Borough of Dalton; the size of the source or facility;
the compliance history of the source; the severity and duration of
the violation; degree of cooperation in resolving the violations;
the speed with which compliance is ultimately achieved; whether the
violation was voluntarily reported; other factors unique to the owners
or operators of the source or facility and other relevant factors.[1]
B.
When the Borough of Dalton proposes to assess a civil penalty, it
shall inform the person of the proposed amount of the penalty. The
person charged with the penalty shall then have 30 days to pay the
proposed penalty in full; or if the person wishes to contest the amount
of the penalty or the fact of the violation to the extent not already
established, the person shall forward the proposed amount of the penalty
to Dalton Borough within the thirty-day period for placement in an
escrow account or post an appeal bond to Dalton Borough within the
thirty-day period in the amount of the proposed penalty, provided
that such bond is executed by a surety licensed to do business in
the Commonwealth and is satisfactory to the Borough of Dalton. If,
through administrative or final judicial review of the proposed penalty,
it is determined that no violation occurred or that the amount of
the penalty shall be reduced, the Borough of Dalton shall, within
30 days, remit the appropriate amount to the person with any interest
accumulated by the escrow deposit.
It shall be unlawful to fail to comply with or to cause or assist
in the violation of any of the provisions of this chapter or to fail
to comply with any order or other requirement of the Borough of Dalton;
or to cause a public nuisance; or to cause air, soil or water pollution
resulting from an open burning incident; or to hinder, obstruct, prevent,
or interfere with the Borough of Dalton or its personnel in their
performance of any duty hereunder, including denying the Dalton Borough
Police Chief access to the source or facility; or to violate the provisions
of 18 Pa.C.S.A. § 4903 (relating to false swearing) or § 4904
(relating to unsworn falsification to authorities) in regard to papers
required to be submitted under this chapter. The owner or operator
of an open burning source shall not allow pollution of the air, water,
or other natural resources of the Borough of Dalton to result from
the source.
A violation of this chapter or of any order issued by the Borough of Dalton under this chapter shall constitute a public nuisance. The Borough of Dalton shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the Borough of Dalton may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 162-9. Whenever the nuisance is maintained or continued contrary to this chapter or any order issued pursuant to this chapter, the nuisance may be abatable in the manner provided by this chapter. Any person who causes the public nuisance shall be liable for the cost of abatement.
The Borough of Dalton, and its agents, officials and representatives
shall not under any circumstances be liable or legally responsible
for activities or conditions which constitute a nuisance under the
terms of this chapter. Any liability or damages resulting from activities
or conditions constituting a nuisance are the sole responsibility
of the owner of the property, and/or the person or persons responsible
for said activity or condition. The failure to enforce the terms of
this chapter shall not constitute a cause of action against the Borough
of Dalton or its agents, officials or representatives.
This chapter is enacted by the Borough of Dalton under the authority
of the Act of Legislature, February 1, (1966) 1965, P.L. 1656, No.
581, § 1005, known as the Borough Code, as recodified and
amended (see now 8 Pa.C.S.A. § 1005), and any other applicable
law arising under the laws of the Commonwealth of Pennsylvania.
