[HISTORY: Adopted by the Borough Council of the Borough of Avondale 2-18-2003 by Ord. No. 201. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the following meanings unless a different meaning clearly appears in the context of the chapter itself:
BOROUGH
Avondale Borough, Chester County, Pennsylvania.
BOROUGH COUNCIL
The Borough Council of Avondale Borough, Chester County, Pennsylvania.
COMPOSTING
A process involving the microbial decomposition of organic matter.
LEAF WASTE
Leaves, garden residues, grass clippings, shrubbery and tree trimmings, hedge clippings, and similar materials.
OPEN BURNING
The burning by any means of any materials or any combination of materials of any nature outside of any building, where the products of the combustion are emitted directly into the ambient air without passing through a stack, chimney, or flue from an enclosed chamber within a building. For purposes of this definition, a chamber shall be regarded as "enclosed" when during combustion, only apertures, ducts, stacks, flues, chimneys, etc., necessary to permit the escape of the exhaust gas or gases are open.
OPEN FIRE
The same as "open burning."
PERSON
An individual, partnership, association, corporation, department, bureau, agency, or other legal entity.
RECREATIONAL FIRE
An outdoor fire maintained in a commercially constructed grill or masonry constructed grill for the purposes of heating, cooking, and preparing food for human consumption.
Subject to the exceptions in § 182-3 of this chapter, open burning and open fires of any nature are strictly prohibited within the municipal limits of Avondale Borough.
Open burning or open fires as otherwise prohibited by this chapter are subject to the following exceptions:
A. 
A recreational fire, as defined herein; and
B. 
Open burning or open fires ignited by any public officer in the exercise of his or her official duty if the fire is necessary for:
(1) 
The prevention of a fire hazard which cannot be abated by other means; or
(2) 
The protection of public health.
A. 
The occupant or owner of every home, apartment, or other residential establishment shall separate leaf waste from all other solid waste, and separated leaf waste shall not be mixed with any other waste for curbside collection by the Borough, nor shall any leaf waste be placed in trash toters.
B. 
The leaf waste shall be placed in biodegradable paper bags, in reusable containers, or in bulk containers.
C. 
Tree trimmings, hedge clippings, and similar material comprising leaf waste shall be cut in lengths not to exceed three feet, and must be tied in bundles which can be easily handled by one person.
D. 
Leaf waste shall be placed for curbside pickup and composting by the Borough on days designated by a resolution of the Borough Council.
E. 
Any resident of the Borough may deposit leaf waste at a composting location within the Borough designated by resolution of the Borough Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Chester County.