Borough of Plymouth, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Plymouth 3-11-1969 by Ord. No. 6-1969. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Plymouth Borough Air Pollution Control Ordinance of 1969."
Whereas the Council of Plymouth Borough 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 Plymouth Borough, it is hereby declared to be the policy of Plymouth Borough to safeguard the citizens of Plymouth Borough 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 and 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Chief of Police of the Borough of Plymouth shall have the power and duty to enforce the provisions of this chapter.
A. 
After March 11, 1969, 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; or
(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.
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) 
Rubbish only is burned;
(b) 
There is no practical available alternate method for the disposal of the material to be burned; and
(c) 
No hazardous or other objectionable condition will be created by such burning.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any of the provisions of this chapter shall, upon the conviction thereof by any Magisterial District Judge, be sentenced to pay a fine of not more than $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for a period not exceeding 30 days. Each day a violation exists shall constitute a separate offense.