Ordinance # 068
Control of Air Pollution
An Ordinance for the prevention and control of air pollution defining certain terms used therein; providing for the control of outdoor burning, providing for enforcement thereof by the fire chief or the Borough, providing for exceptions to the Ordinance, penalties and repealing all previous inconsistent Ordinances.
Be it enacted and ordained, and it is hereby enacted and ordained by the Borough Council of Bolivar Borough, in council assembled, and in pursuance of and by virtue of the authority granted the Boroughs in the Commonwealth of Pennsylvania, by an Act of Assembly approved December 31, 1965, known as "The Local Tax Enabling Act" (Act No 511 of 1765), and the supplements and amendments thereto.
Section . I. Title. This Ordinance shall be known and cited as the air Pollution Control Ordinance of Bolivar Borough
Section II. Policy Whereas, the Borough Council of Bolivar Borough has determined that air pollution from an open fire may be detrimental to the health, comfort, living conditions, welfare and safety of the citizens of Bolivar Borough, it is hereby declared to be the policy of Bolivar Borough to safeguard the citizens of Bolivar Borough from such air pollution.
Section III. Definitions. The following words, terms and phrases, when used in this Ordinance, unless the context clearly indicates otherwise, shall have the following meanings subscribed to them.
1. 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.
2. Council - Board - Borough Council
3. Garbage. All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
4. Rubbish. Solids not considered to be highly flammable or explosive including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, papers, ashes, tree branches, tree leaves, yard trimmings, furniture, tin cans, glass, crockery, masonry and other similar materials.
5. 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.
6. Refuse. Garbage, rubbish, and trade waste.
7. 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.
8. Open Fire. A fire in which any material is burned in the open or in a receptacle other than a furnace r incinerator.
Section IV. Enforcement. The Fire Chief shall have the power and duty to enforce the provisions of this Ordinance.
Section V. Regulations. After the effective date of this Ordinance, no person shall:.
1. Ignite or feed an open fire for the destruction of refuse or in the conduct of a salvage operation in any public or private place outside of any building, or
2. Cause, suffer, allow or permit the maintenance of any open fire for the destruction of refuse or in the conduct of a salvage operation on any property under his control outside of any building.
1. Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for:
a. The prevention of a fire hazard which cannot be abated by other means.
b. The protection of public health.
2. Open fires may be set with the approval of the authorized enforcement agent of this Ordinance provided,
a. Rubbish only is burned, and
b. There is no practical available alternative method for the disposal of the material to be burned, and
c. No hazardous or other objectionable condition will be created by such burning.
Section VI. Penalties. Any person violating any of the provisions of this Ordinance shall upon the conviction thereof by an Justice of the Peace, Alderman, or Magistrate be sentenced to pay a fine of not less than twenty-five ($25.00) dollars nor more than one hundred ($100.00 ) dollars, together with the costs, for the first violation, and not less than fifty ($50.00) dollars nor more than two hundred ($200.00) dollars, together with the costs, for the second and subsequent violations. Each day a violation exists shall constitute a separate offense. In default in the payment of any fine, the defendant shall be sentenced to jail for a period not exceeding thirty (30) days.
Section VII. Repealer All other Ordinances or parts thereof which are in conflict with this Ordinance are hereby repealed.
Section VIII. Validity The provisions of this Ordinance 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 Ordinance. It is hereby declared to be the intent of the council for the Borough of Bolivar that this Ordinance would not have been adopted if such illegal, invalid or unconstitutional section, clause, sentence, part or provision had not been included herein.
Section IX. Effective Date. This Ordinance shall become effective immediately upon passage.
Passed this day 3rd day of September 1968.
Approved this 3rd day of September A.D. 1968
Frank B. Gibson
Original Ordinance in ordinance drawer in Vault