Chapter 22

§ 22-1. Title.
§ 22-4. Enforcement.
§ 22-2. Policy.
§ 22-5. Open fires restricted; exceptions.
§ 22-3. Definitions.
§ 22-6. Violations and penalties..

[HISTORY: Adopted by the Borough Council of the Borough of Callery 8-20-1968 by Ord. No. 58. Amendments noted where applicable.]

Prohibition of burning in junkyards -See Ch. 53, Solid waste regulations -See Ch. 68.
§ 53-12F.

§ 22-1. Title.

This chapter shall be known and may be cited as the "Callery Borough Air Pollution Control Ordinance of 1968."
§ 22-2. Policy.

Whereas the Council of Callery 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 Callery, it is hereby declared to be the policy of Callery Borough to safeguard the citizens of Callery Borough from such air pollution.
§ 22-3. Definitions.

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:
COUNCIL -Borough Council.

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, finn, 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, paper,                         ashes, tree branches, tree leaves, yard trimmings, furniture, tin cans, glass,                        crockery, masonry and other similar materials.

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 fOnTIS of solid, or liquid waste materials;                 provided, however, that trade waste shall not include any coal refuse associated                   with the mining or preparation of coa!.

§ 22-4. Enforcement.

The Callery Borough Chief of Police, Fire Chief, Health Officer, or any other duly authorized agent, shall have the power and duty to enforce the provisions of this chapter.

§ 22-5. Open fires restricted; exceptions.
      A. After August 20, 1968, 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.
B. Exceptions.
(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              chapter, provided that:
(a) Rubbish only is burned; and

(b) There is no practical available alternate method for the disposal of the material to be             burned; and
(c) No hazardous or other objectionable condition will be created by such burning.

§ 22-6. Violations and penalties.

Any person violating any of the provisions of this chapter shall, upon 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 in the payment of any fine, the defendant shall be sentenced to jail for a period not exceeding 30 days.