[HISTORY: Adopted by the Borough Council of the Borough of New Salem 9-5-2017 by Ord. No. 2-2017.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 159.
[1]
Editor's Note: This ordinance also repealed former Ch. 71, Open Burning, adopted 5-6-1969 by Ord. No. 1-1969, as amended 12-5-1989 by Ord. No. 1-1989 and 10-7-2008 by Ord. No. 1-2008.
This chapter shall be known and may be cited as the "Borough of New Salem Air Pollution Control and Regulation of Open Burning Ordinance."
A. 
The Borough Council of the Borough of New Salem, under, and pursuant to the authority granted by the Borough Code, does hereby enact and ordain this chapter.
B. 
The Borough Council of the Borough of New Salem has determined that air pollution from open fires may be detrimental to the health, comfort, living conditions, welfare and safety of the citizens of the Borough of New Salem. It is hereby declared to be the policy of the Borough of New Salem to safeguard the citizens of the Borough of New Salem from such air pollution by regulating open burning.
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:
COMPOST
All animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
OPEN FIRE
A fire in which any material is burned outdoors in the open or in a receptacle.
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.
RECREATIONAL FIRE
A fire with the purpose of cooking food or leisure activity.
All police officers having jurisdiction in the Borough of New Salem, code enforcement officer(s) or any other duly authorized agent(s) shall have the power and duty to enforce the provisions of this chapter.
A. 
After the effective date of this chapter, no person may permit the open burning of any material except as follows:
(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 shall be permitted only on the second Saturday of each month between the hours of 7:00 a.m. and 5:00 p.m. Open fires on these dates are subject to cancellation if a burn ban is issued.
(3) 
No hazardous or other objectionable condition will be created by any such open burning.
(4) 
Recreational fires for pleasure, religious, ceremonial, cooking, warmth or similar purposes which are in an outdoor fireplace, barbecue grill, barbecue pit, chimnea, or other container or fires ring that does not exceed three feet in diameter and is located at least 15 feet from any building.
B. 
Burn ban.
(1) 
No burning of any kind shall take place during a burn ban issued by any agency having jurisdiction within the Borough.
(2) 
The Borough Secretary, or in his or her absence, the Mayor, or in his or her absence, the President of Borough Council, shall have the authority to declare a burn ban if conditions warrant. Such a ban shall be announced by notifying the media, informing the Fire Chief, Police Chief and placing notice of the ban on the Borough's website.
Any person who violates any provision of this chapter or any order of the Borough issued pursuant to this chapter commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $1,000 for each separate offense and, in default of the payment of such fine, may be sentenced to imprisonment for not more than 90 days for each separate offense. Authorized enforcement agents of the Borough are hereby declared to be law enforcement officers authorized to issue or file citations for summary violations under this chapter, and to prosecute these offenses.
All other ordinances or parts thereof, which are in conflict with this ordinance are hereby repealed.
The provisions of this chapter are severable, and if any section, clause, sentence, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, clauses, sentences, parts, or provisions of this chapter. It is hereby declared to be the intent of the Board that this chapter would have been adopted if such illegal, invalid, or unconstitutional section, clause, sentence, part, or provision had not been included herein.