[HISTORY: Adopted by the Borough Council of the Borough of
Wyalusing 12-19-2005 as Ch. 24
of the 2005 Code. Amendments noted where applicable.]
A.
The reduction of the amount of municipal waste and conservation of
recyclable materials is an important public concern by reason of the
growing problem of municipal waste disposal and its impact on the
environment.
B.
The collection of newsprint, junk mail, flyers, magazines, gloss
paper and telephone book covers, aluminum cans, bimetallic cans, segregated
clear, emerald and amber glass bottles and leaf wastes for recycling
from residences, and high-grade office paper, aluminum cans, corrugated
paper and leaf wastes from commercial and institutional establishments
in Wyalusing Borough will reduce the volume of municipal wastes which
must be disposed, thereby reducing storage, collection, transportation
and disposal costs of said waste and preserving valuable natural resources;
and will result in health, safety and welfare benefits to the residents
and taxpayers of Wyalusing Borough by reason of the prohibition of
open burning in the Borough.
C.
The purpose of this chapter is to regulate open burning as authorized
under the Borough Code found at 8 Pa.C.S.A. § 1202(11).
[Added 8-7-2017]
The following words, terms and phrases, when used in this chapter,
shall have the following meanings ascribed to them:
Any enclosed device designed for the burning of fuel primarily
for the production of heat.
All decomposed animal and vegetable waste matter resulting
from handling, preparation or cooking of food.
Any device specifically designed for the reduction or destruction
of solid wastes by burning.
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.
All materials which are discarded as useless.
All solid waste except garbage, including but not limited
to ashes, bedding, cardboard, cans, clothing, crockery, glass, furniture,
plastics, rags, rubber, paper, tree branches, leaves and yard trimmings.
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.
Garbage, refuse, rubbish and other discarded materials resulting
from industrial, commercial, agricultural and residential activities.
The Code Enforcement Officer or other duly authorized agent
of the Borough Council shall have the power and duty to enforce the
provisions of this chapter.
After the effective date of this chapter, no person shall:
A.
Ignite or feed an open fire for the destruction or reduction of solid
wastes (including but not limited to garbage, refuse, rubbish, tree
branches, leave, yard trimmings and cardboard) or in the conduct of
a salvage operation on or in public or private in the Borough of Wyalusing.
[Amended 8-7-2017]
B.
Cause, suffer, allow or permit the maintenance of any open fire for
the destruction or reduction of solid wastes (including but not limited
to garbage, refuse, rubbish, tree branches, leaves, and yard trimmings)
or in the conduct of any salvage operation on or in any property under
his control in the Borough of Wyalusing.
The requirements of § 128-4 shall not apply where the open burning operations result from:
A.
A fire set by or under the supervision of a public officer to prevent
or abate a fire hazard. Such permission shall be by written application
and permit as issued by the Wyalusing Borough Fire Chief.
B.
A fire set for the purpose of instructing persons in firefighting,
when authorized by the Wyalusing Borough Fire Chief.
C.
A fire in a dwelling unit fireplace.
D.
A fire set solely for the purpose of cooking food (grilling, broiling,
and barbecuing).
E.
A fire set solely for recreational, religious or ceremonial purposes
when approved shall only be used for the burning of wood or charcoal
and will not be any tree branches or tree trimmings.
[Amended 8-7-2017]
[Amended 8-7-2017]
A.
Civil enforcement. Any person, firm or corporation who shall violate
any provision of this chapter shall, upon being found in violation
thereof, be subject to a civil penalty not to exceed $600 per violation
for each day of violation and for violation of each applicable section
of the chapter.
B.
In addition, if found in violation, the violator shall be subject
to the assessment for court costs and reasonable attorney fees incurred
by the Borough in enforcement proceedings.
C.
The Council delegates the initial determination of the chapter violation
and service of notice of violation to the Code Enforcement Officer.
The Borough may enforce the chapter in equity in the Bradford County
Court of Commons.
[Added 8-7-2017]
In the event that any individual section or provision within
this chapter shall be found invalid, the invalidity shall pertain
only to the specific section, and all other aspects of this chapter
shall remain in full force and effect.
