This chapter shall be known and may be cited as the "Schwenksville Borough
Open Burning Ordinance of 1994."
The following words, terms and phrases, when used in this chapter, unless
the context clearly indicates otherwise, shall have the following meanings
respectively ascribed to them:
COUNCIL
Borough Council of the Borough of Schwenksville, Pennsylvania.
FLUE
Any duct, passage, stack, chimney or conduit permitting air contaminants
to be emitted into the open air.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling,
preparation, cooking and consumption of food.
ODOR
That property of a substance which affects the sense of smell.
OPEN BURNING
Any unclosed fire wherein air contaminants, including smoke and/or
odor, are emitted to the open air and are not directed thereto through a flue.
PERSON
Any individual, partnership, association, syndicate, company, firm,
trust, corporation, or other entity recognized by law as the subject of rights
and duties, including any governmental agency.
RECREATIONAL BURNING
The burning of natural wood in a manufactured, freestanding fire pit/ring or outside stove not exceeding three feet in diameter, which burning meets the criteria set forth in §
59-4E(11) of this chapter.
[Added 11-11-2004 by Ord. No. 324]
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 OPERATIONS
Salvaging or reclaiming of any produce or material, including but
not limited to, metals, chemicals, shipping containers or drums.
SMOKE
Extremely small solid particles produced by incomplete combustion
of organic substances and includes, but is not limited to, fly ash, cinders,
tarry matter, unburned gases, soot or carbon and gaseous combustion products.
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.
The Schwenksville Borough Fire Marshal and the Schwenksville Police
Department shall have the powers and duties to:
A. Enforce the provisions of this chapter and the rules
and regulations contained therein;
B. Receive and initiate complaints or violations of the
regulations of this chapter;
C. In accordance with law, enter and inspect any building,
property, premise or place for the purpose of investigating an actual or suspected
source of open burning or for the purpose of ascertaining the compliance or
noncompliance with any regulation of this chapter.
D. Have access to and require information pertinent to any
matter under investigation.
E. Send written notice of any violation of this chapter
to the person responsible for the violation.
F. Attend all meetings of the Borough Council if requested
and file a written report of the violation of any regulation of this chapter.
G. Institute prosecution for violation of the regulations
of this chapter.