Ordinance # 094-4
Air Pollution Control Ordinance
Section 100 Purpose
The Council of Bolivar Borough has determined that air pollution from an open fire may be detrimental in 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 101 Definitions
A. 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.
B. Council All prescribe animal and vegetable mailer resulting from the handling, preparation, coking, and consumption of food.
D. Rubbish Solids not considered to be highly flammable or explosive including, but not limited to, rags, old clothes, leather, rubber, carpets, wood, excelsior, ashes, yard trimmings, furniture, tin cans, glass, crockery, masonry, and other similar materials.
E. 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, carton, 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.
F. Refuse Garbage, rubbish, and trade waste
G. 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.
H. Open Fire A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator.
I. Furnace Any enclosed device specifically designed for the destruction by burning or refuse, sewage sludge, or any other combustible material.
Section 102 Restrictions
A. After august 1, 1994 no person shall:
1. Ignite or feed an open fire for the destruction of garbage, refuse, rubbish, trade waste 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 garbage, refuse, rubbish, trade waste or in the conduct of a salvage operation on any property under his/her control outside of any building.
1. Open fires may be set in the performance of any public municipal 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
c. The training purpose of the fire company
2. Open fires may be provided:
a. Paper, leaves, and brush only are buried, and
b. Materials to be burned are placed in a metal container, and
c. Burning occurs on Saturday only, during the hours of day light to dusk, and
d. All fires are extinguished with water at dusk, and.
e. No fires of this subsection shall occur on holidays.
3. Open fires may be set provided:
a. The fire is for cooking purposes only (when the food is being consumed by persons at the site of the fire), and
b. No hazardous or flammable materials are used, and
c. All fires are extinguished with water when no longer needed for cooking purposes, and
d. Fires of this subsection may occur at any time provided they are tended to and meet the terms of this subsection.
Section 103 Violations and Penalties
Any person violating any of the provisions of this Ordinance shall upon the conviction thereof by any district magistrate be sentenced to pay a fine of not less than forty ($40.00) dollars for the first violation, for second or subsequent violations, not less than one hundred ($100.00) dollars together with the costs of the court and municipality. Each violation shall constitute a separate offense. In default of the payment of any fine, the defendant shall be sentenced to jail for a period of not exceeding thirty (30) days.
Section 104 Enforcement
Any police officer of the Borough of Bolivar, any Borough Official or any Borough citizen may have the power and duty to enforce the provisions of this Ordinance.
Section 105 Severance and Repeal
A. The provision of this Ordinance are severable, and if any section, clause, sentence, part or provision thereof shall be held illegal, invalid or unconstitutional by any curt 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 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.
B. All prior Air Pollution Control ./ Burn Ordinances are hereby repealed.
Whereupon during a duly advertised meeting wherein a quorum was present, this Ordinance passed on this 17th day of August, 1994.
J. Diane Robinson
Original Ordinance on file in Vault
Note: This Ordinance was replaced by Ordinance 2008-1 Air Pollution Control Ordinance