[A.O.]
This Part shall be known and may be cited as the "Wellsboro
Borough Outdoor Burning Ordinance."
[A.O.]
The Council of the Borough of Wellsboro, under, and by virtue
of and pursuant to the authority granted by the Borough Code, 53 P.S.
§§ 46202 and 46203, does hereby enact and ordain this
Part.
[A.O.]
Whereas the Council of the Borough of Wellsboro has determined
that air pollution from outdoor burning and the general hazards of
outdoor burning in a densely populated area may be detrimental to
the health, comfort, living conditions, welfare, and safety of the
citizens of the Borough of Wellsboro, it is hereby declared to be
the policy of the Borough of Wellsboro to safeguard the citizens of
the Borough of Wellsboro from such air pollution.
[A.O.]
The following words, terms, and phrases, when used in this Part,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
BONFIRE
An outdoor fire utilized for ceremonial purposes which is
greater than three feet in diameter and greater than two feet in height.
BOROUGH
The Borough of Wellsboro, Tioga County.
BURNING
The act of consuming by fire; to flame, char, scorch, or
blaze. As used in this Part, smoldering shall have the same meaning
as burning and any smoldering shall be deemed a burning.
CLEAN WOOD
Natural wood that has no paint, stains, or other types of
coatings, and natural wood that has not been treated with, including,
but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.
COMPOSTING
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
COUNCIL
The Borough of Wellsboro Borough Council.
DEP
Pennsylvania Department of Environmental Protection.
DOMESTIC REFUSE
Waste which is generated from the normal occupancy of a structure
occupied solely as a dwelling by two families or less. The term does
not include appliances, carpets, demolition waste (insulation, shingles,
siding, etc.), furniture, mattresses or box springs, paint, putrescible
waste, solvents, tires, or treated wood.
EPA
United States Environmental Protection Agency.
FIRE PIT/RING
A pit or ring that is no larger than three feet in diameter
and constructed of noncombustible material.
INCINERATOR
Any device specifically designed for the destruction, by
burning, of any combustible waste material.
MUNICIPALITY
A city, incorporated town, township, borough, county, municipal
authority or other public body created under state law having jurisdiction
over the disposal of sewage, industrial waste, or other wastes.
OPEN BURNING
The outdoor burning of any materials wherein products of
combustion are emitted directly into the ambient air without passing
through a stack or chimney from an enclosed chamber. For the purpose
of this Part, open burning shall include burn barrels and other similar
vessels.
PERSON
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau or agency of the commonwealth or the federal
government, political subdivision, municipality, district, authority,
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
PORTABLE OUTDOOR FIREPLACE
An appliance or device commercially manufactured out of noncombustible
materials such as steel, concrete, or clay to burn solid fuel (or
propane, gas, or other appropriate regulated fuel) out of doors for
the express purpose of recreation, heating, cooking or preparing food
for consumption.
RECREATIONAL FIRE
An outdoor (open burn) fire or the burning of material other
than rubbish, leaves, and yard clippings where the fire being burned
is contained in a manufactured, freestanding fire pit or ring, or
outside stove not exceeding three feet in diameter and two feet in
height.
RUBBISH
Solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
work excelsior, paper, ashes, tree branches, leaves, yard waste, furniture,
tin cans, glass, crockery, masonry, plastics, Styrofoam, and other
similar materials.
SPARK ARRESTER
A device (at the top of a chimney) to prevent sparks, embers
or other ignited material above a given size from being expelled to
the atmosphere.
STACK
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a furnace, especially that part of a structure
extending above a roof.
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, plywood, drywall, insulation
material, plastic products, cartons, paint, grease, oil and other
petroleum products, chemicals, cinders and other forms of solid or
liquid waste materials.
YARD WASTE
Leaves, grass clippings, weeds, vegetable, or other garden
debris, but does not include shrubbery, brush, tree branches, or tree
trimmings.
[A.O.]
Any person who violates any provision of this Part or any order
of the Borough of Wellsboro issued pursuant to this Part commits a
summary offense and shall, upon conviction, be sentenced to pay a
fine of not less than $100 nor more than $1,000 for each separate
offense and, in default of the payment of such fine, may be sentenced
to imprisonment for 30 days for each separate offense. Employees of
the Borough authorized to conduct inspections or investigations are
hereby declared to be law enforcement officers authorized to issue
or file citations for summary violations under this Part. For purposes
of this section, a summary offense may be prosecuted before any district
justice. There is no accelerated rehabilitative disposition authorized
for a summary offense.
[A.O.]
In addition to proceeding under any other remedy available at
law or in equity for a violation of a provision of this Part or any
order issued pursuant to this Part, the Borough of Wellsboro may assess
a civil penalty for the violation. The penalty may be assessed whether
or not the violation was willful. The civil penalty so assessed shall
not exceed $600 per day for each violation. In determining the amount
of the penalty, the Borough of Wellsboro shall consider the willfulness
of the violation; damage to air, soil, water, or other natural resources
of the Borough or their uses; financial benefit to the person in consequence
of the violation; deterrence of future violations; cost to the Borough;
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 violation; 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. Pursuant to 53 P.S. § 48321(6), any person
found guilty of violating this Part may be assessed court costs and
reasonable attorney fees incurred by the Borough in the enforcement
proceedings.
[A.O.]
It shall be unlawful to fail to comply with or to cause or assist
in the violation of any of the provisions of this Part or to fail
to comply with any order or other requirement of the Borough; 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 or its personnel in their performance
of any duty hereunder, including denying the Police Department 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 documents
required to be submitted under this Part. The owner or operator of
an open burning source shall not allow pollution of the air, water,
or other natural resources of the Borough to result from the source.
[A.O.]
A violation of this Part or of any order issued by the Police
Department under this Part shall constitute a public nuisance. The
Borough shall have the authority to order any person causing a public
nuisance to abate the public nuisance.