[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:
The Borough Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 and 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.
[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.
[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.
