Part 1
Open Burning

§10-101 Statutory Authority.

This Part is adopted pursuant to authority granted by 53 P.S. §§46202(3), (4), (6), (11) and 46203 of the Borough Code, as amended, and §4012 of the Air Pollution Control Act, 35 Pa.C.S.A. §4012, as amended, so that the Selinsgrove Borough Code requirements on outdoor burning conform to Part 2, “Recycling,” of Chapter 20 of that Code, §6018.610 of the Solid Waste Management Act, 35 P.S. §6018.610, as amended, and §4000.1501(c)(1)(ii) of the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. §4000.1501(c)(1)(ii), as amended.

(Ord. 616, 10/7/1991, §1; as amended by Ord. 657, 7/1/1996, §3(a))

§10-102 Definitions.

The following words used in this Part shall have, unless the context clearly indicates otherwise, the meanings given to them in this Section:

Air contaminant–smoke, dust, fumes, gas, odor, mist, vapor, pollen or any combination thereof.

Borough–the Borough of Selinsgrove, Snyder County, Pennsylvania.

Borough Manager–the duly appointed Manager for the Borough of Selinsgrove, Snyder County, Pennsylvania.

Burn or burning–the undergoing of rapid combustion of a substance in such a manner as to give off heat, gases and usually, but not always, light.

Burn container–any noncombustible container or enclosure used primarily for the disposal of sylvan materials through burning.

Garbage–any discarded animal or vegetable matter.

Malodorous air contaminants–air contaminants which have an odor that causes annoyance or discomfort to the public and that the borough determines to be objectionable to the public.

Open area–a portion of privately owned land which is situated so that it is free of any and all overhead obstructions, including, but not limited to, trees, branches, buildings, wires and cables, and so that it is not a fire hazard when in use. An “open area” shall not include a public street, alley or road.

Person–a natural person, firm, partnership, association, corporation, trust or any entity with legal responsibilities. Whenever used in any clause prescribing or imposing a fine or imprisonment, or both, “person” shall mean, as applied to associations, the partners or members thereof and, as applied to corporations, the officers thereof.

Plastic–any synthetic or natural organic materials made from or consisting of resins, resinoids, polymers, cellulose derivatives, casein materials and proteins.

Rubber–a highly elastic solid substance polymerized by the drying and coagulation of the latex of rubber trees and plants.

Rubbish–any unwanted material that is rejected or discarded, including, but not limited to, debris, litter, trash, refuse and disposable diapers.

Sylvan materials–any substance made exclusively of wood, including, but not limited to, leaves, newspapers, magazines, brush, trees and similar natural items.

(Ord. 616, 10/7/1991, §2)

§10-103 Purpose.

This Part is enacted to promote the general health, welfare and safety of the community by setting forth regulations on outdoor burning, enforceable by the Borough, that are more stringent than the outdoor burning regulations of the Pennsylvania Department of Environmental Protection or its successor.

(Ord. 616, 10/7/1991, §3; as amended by Ord. 657, 7/1/1996, §3(b))

§10-104 Prohibited Burning.

No person shall burn garbage, rubbish, rubber, plastic, sylvan materials or related materials in any manner within the Borough unless otherwise authorized in writing by the Pennsylvania Department of Environmental Protection or its successor. Except as otherwise provided in this Part, all outdoor burning is prohibited within the Borough.

(Ord. 616, 10/7/1991, §4; as amended by Ord. 657, 7/1/1996, §3(c))

§10-105 Exceptions.

The prohibition of §10-104 above shall not apply where the burning results from:

A.    A fire set to prevent or abate a fire hazard, when approved by the Borough Manager and set by or under the supervision of the Fire Chief of Dauntless Hook and Ladder Fire Company or Chief of Police.

B.    Any fire set for the purpose of instructing personnel in firefighting, when approved by the Borough Manager.

C.    A fire set for the prevention and control of disease or pests, when approved by the Borough Manager.

D.    A fire set solely for ceremonial purposes.

E.    A fire set solely for cooking food.

F.    A fire of wood, wood chips and/or charcoal in a ceramic, brick or steel burn container commonly known as a “chiminea” for the purpose or purposes of heating and/or illuminating an outdoor area. No other sylvan products or garbage shall be burned in the burn container mentioned in this subsection. [Ord. 708]

(Ord. 616, 10/7/1991, §7; as amended by Ord. 657, 7/1/1996, §3(e); and by Ord. 708, 12/2/2002, §4(b))

§10-106 Fire Warnings.

By duly enacted resolution, the Council may from time to time during periods of drought or other dry conditions issue a fire warning and prohibit all burning within the Borough except as otherwise authorized by the Pennsylvania Department of Environmental Protection or its successor. The prohibition may also include the discharge or ignition of sparklers and other devices otherwise not classified as fireworks and controlled as such by the laws of the Commonwealth of Pennsylvania. Notice of such warning and prohibition shall be advertised one time in a newspaper of general circulation within the Borough. Violations of any such resolutions shall constitute a violation of this Part and shall be subject to the penalties provided herein.

(Ord. 616, 10/7/1991, §8; as amended by Ord. 657, 7/1/1996, §3(f))

§10-107 Approval by Other Authorities.

Approval by the Borough of any burning permitted under this Part does not relieve any person from any duty of also obtaining approval under the rules and regulations of any other authority, notably the Pennsylvania Department of Environmental Protection or its successor.

(Ord. 616, 10/7/1991, §9; as amended by Ord. 657, 7/1/1996, §3(g))

§10-108 Violations and Penalties.

Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and reasonable attorney fees incurred by the Borough in the enforcement proceeding and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. In addition to these penalties, the Borough may assess whatever other penalties are allowable under the Air Pollution Control Act, 35 P.S. §4001 et seq., as amended.

(Ord. 616, 10/7/1991, §10; as amended by Ord. 657, 7/1/1996; and by Ord. 825, 10/3/2016, §5(B))