This chapter shall be known and may be cited as the "Dalton
Borough Open Fire and Burning Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
FLUE
Any duct, passage, stack, chimney or conduit permitting air
contaminants to be emitted into the air.
FURNACE
Any enclosed device specifically designed for burning any
material for the production of heat.
GARBAGE
All putrescent 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.
ODOR
That property of a substance which affects the sense of smell.
OPEN BURNING
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.
OPEN FIRE
A fire in which any material is burned in the open or in
a receptacle other than a barbecue grill, chimaera, ornamental patio
warmer.
PERSON
Any individual, partnership, association, corporation, department,
bureau, agency or other legal entity.
RECYCLABLES
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.
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.
SMOKE
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.
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.
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:
A. Open fires. Open fires may be set in the performance of an official
duty under the direction of the Fire Chief of the Dalton Fire Department
if the fire is necessary for:
(1) The prevention of a fire hazard which cannot be abated by other means;
or
(2) The protection of public health.
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.
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.
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.
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.