[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:
The Borough Council.
Any enclosed device specifically designed for the burning
of any material for the production of heat.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Any device specifically designed for the destruction by burning
of refuse, sewage sludge or any other combustible material.
A fire in which any material is burned in the open or in
a receptacle other than a furnace or incinerator.
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.
Garbage, rubbish or 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.
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.Â
No person shall:
(1)Â
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)Â
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)Â
No rubbish shall be burned.
B.Â
Exceptions.
(3)Â
Open fires may be set for the preparation of food for human consumption.
(4)Â
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)Â
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)Â
No such fire shall be closer than 10 feet to any building and
10 feet to any property line.
(c)Â
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)Â
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.