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:
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.
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.