This chapter shall be known and may be cited as the "Borough
of New Salem Air Pollution Control and Regulation of 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.
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.
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with this ordinance are hereby repealed.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.