This chapter shall be known and may be cited as the "New Freedom
Borough Open Burning Ordinance."
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, recreation or leisure
activity.
All police officers having jurisdiction in the Borough of New
Freedom, code enforcement officer(s) or any other duly authorized
agent(s) shall have the power and duty to enforce the provisions of
this chapter.
Any person who violates any provision of this chapter or any
order of the Borough issued pursuant to this chapter commits a summary
criminal offense and shall, upon conviction, be sentenced to pay a
fine of not less than $250 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.
It is hereby declared to be the legislative intent that if a
court of competent jurisdiction declares any provisions of this chapter
to be invalid, the effect of such decision shall be limited to those
provisions which are expressly stated in the decision to be invalid.
In such case, all provisions of this chapter that were not declared
invalid shall continue to be separately and fully effective. The Borough
Council hereby declares that it would have passed all other parts
of this chapter, without including any part declared invalid, if it
had advance knowledge that such part would be declared invalid. If
the entire chapter should be declared invalid, then the chapter that
was in effect immediately prior to the enactment of this chapter shall
automatically be reinstated as the Open Burning Ordinance for New
Freedom Borough.
The current version of Chapter
95, entitled "Burning, Open," is hereby repealed and all other Borough ordinances or parts thereof that are inconsistent or incompatible herewith are repealed to the extent of such inconsistency or incompatibility. This repealer clause shall only repeal Borough ordinances or parts thereof that were adopted prior to this chapter and that are clearly in direct conflict with this chapter.