Borough of Larksville, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Larksville 1-31-1990 by Ord. No. 1-1990 (Ch. 63 of the 1987 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Borough of Larksville Air Pollution Control Ordinance of 1990."
The Council of the Borough of Larksville has determined that air pollution from an open fire may be detrimental to the health, comfort, living conditions, welfare and safety of the citizens of the Borough of Larksville. Therefore, it is hereby declared to be the policy of the Borough of Larksville to safeguard the citizens of the Borough of Larksville from such air pollution.
The following words, terms and phrases, when used in this chapter, unless the context clearly indicates otherwise, shall have the following meanings ascribed to them:
COUNCIL
The Borough Council.
FURNACE
Any enclosed device specifically designed for the burning of 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.
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, syndicate, company, firm, trust, corporation, department, bureau, agency or other entity recognized by law as the subject of rights and duties.
REFUSE
Garbage, rubbish or 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, however, that "trade waste" shall not include any coal refuse associated with the mining or preparation of coal.
The Chief of Police of the Borough of Larksville shall have the power and duty to enforce the provisions of this chapter.
A. 
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 of any building.
(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.
(3) 
No rubbish shall be burned.
B. 
Exceptions.
(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.
(b) 
The protection of public health.
(2) 
Open fires may be set with the approval of the authorized enforcement agent of this chapter, provided that:
(a) 
There is no practical available alternate method for the disposal of the material to be burned.
(b) 
No hazardous or other objectionable condition will be created by such burning.
(3) 
Open fires may be set for the preparation of food for human consumption.
(4) 
Out-of-door burning of paper and paper products shall be permitted on private property on Tuesdays only, provided that the following regulations and restrictions are strictly adhered to:
[Amended 2-27-1991 by Ord. No. 2-1991; 10-30-1991 by Ord. No. 6-1991; 11-19-2002 by Ord. No. 5-2002[1]]
(a) 
Every out-of-door burning of paper and paper products shall be built in and confined to a noncombustible container covered with a noncombustible screen of 1/2 inch or smaller mesh or with other suitable noncombustible cover.
(b) 
No such fire shall be closer than 10 feet to any building and 10 feet to any property line.
(c) 
No such fire shall be allowed to burn on the aforesaid day except between the hours of 7:00 a.m. and 7:00 p.m. Said time shall be Eastern standard time except during the period when daylight saving time is generally adopted in said Borough.
(d) 
Said fire shall be completely extinguished on the aforesaid Tuesdays at 6:00 p.m. and Saturdays at 1:00 p.m.
[1]
Editor's Note: This ordinance also provided that any further changes to the day or hours during which an outdoor burn of paper and paper products shall be permitted can be made by resolution of Council.
Any person violating any of the provisions of this chapter shall, upon conviction in a summary proceeding before a Magisterial District Judge, be sentenced to pay a fine of $25, together with the costs of prosecution, for the first violation and $50, together with the costs of prosecution, for the second and subsequent violations and, in default of the payment of the fine and costs of prosecution, may be sentenced to imprisonment in the Luzerne County Prison for a period not exceeding 30 days. Each day that a violation exists shall constitute a separate offense.