The following words, terms and phrases, when
used in this article, unless the context clearly indicates otherwise,
shall have the following meanings ascribed to them:
FURNACE
Any enclosed device specifically designed for the burning
of any material for the production of heat.
GARBAGE
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
INCINERATOR
Any device specifically designed for the destruction by burning
of refuse, sewage sludge or any other combustible material.
OPEN FIRE
A fire in which any material is burned in the open or in
a receptacle other than a furnace or incinerator.
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.
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, ashes, furniture, tin cans, glass, crockery,
masonry and other similar materials, but not including paper, leaves,
grass trimming and tree trimmings not exceeding two inches in diameter.
[Amended 9-27-1971]
SALVAGE OPERATION
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.
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.
The Chief of Police, Fire Chief, Health Officer,
Safety Officer, or any other duly authorized agent of the Township
of Mahoning shall have the power and duty to enforce the provisions
of this article.
Any person violating any of the provisions of
this article shall, upon the conviction thereof by any District Justice,
be sentenced to pay a fine of not less than $25 nor more than $100,
together with the costs, for the first violation and not less than
$50 nor more than $200, together with the costs, for the second and
subsequent violations. Each day a violation exists shall constitute
a separate offense. In default of the payment of any fine, the defendant
shall be sentenced to jail for a period not exceeding 30 days.
[Added 8-20-2007]
As used in this article, the following terms
shall have the meanings indicated:
GARBAGE
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
RUBBISH
Solids not considered to be highly flammable or explosive,
including, but not limited to, rags, old clothes, leather, rubber,
carpets, wood, excelsior, ashes, furniture, tin cans, glass, crockery,
masonry and other similar materials, but not including paper, leaves,
grass trimming and tree trimmings not exceeding two inches in diameter.
[Amended 6-12-2000]
No person, firm, association or corporation
shall set or maintain any fire upon any of the streets, sidewalks,
alleys or public grounds in the Township of Mahoning, Montour County,
Pennsylvania, or burn or cause to be burned thereon any paper, boxes,
rubbish, leaves or any other kind of substance, nor shall any person
or persons set or maintain any fire or cause to be burned any substance
or material of any kind, out-of-doors, anywhere in the Township of
Mahoning, except between the hours of 7:00 a.m. and 4:00 p.m. prevailing
time on Tuesdays, Thursdays and Saturdays. No burning shall take place
on Mondays, Wednesdays, Fridays, Sundays or holidays.
[Amended 6-12-2000]
No garbage, offal, tires, rubber, or plastics
may be burned at any time either indoors or out-of-doors within the
Township of Mahoning. Any waste burned must be the result of "normal
occupancy." This does not include demolition waste, home insulation,
shingles, treated wood, paint, painted or stained objects or furniture,
tires, mattresses, box springs, metal, insulated rubber coating on
copper wire, old television sets and appliances, automobiles, automotive
parts and batteries. These must be disposed of according to solid
waste regulations.
The Chief of the Mahoning Township Fire Company,
or the Chairman or Vice Chairman of the Board of Supervisors, may
prohibit any and all outdoor fires when atmospheric conditions or
local circumstances make such fires hazardous.
[Amended 8-20-2007]
Any person who violates or permits a violation
of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a District
Justice, pay a fine of not less than $25 nor more than $600, plus
all court costs, including reasonable attorney's fees, incurred by
the Township in the enforcement of this article. No judgment shall
be imposed until the date of the determination of the violation by
the District Justice. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable Rules of Civil Procedure. Each day a violation exists shall
constitute a separate offense. Further, the appropriate officers or
agents of the Township are hereby authorized to seek equitable relief,
including injunction, to enforce compliance herewith.