(a) No incinerator used to burn household garbage, yard waste or any other refuse, in one, two or three-family dwellings, shall be operated within the City.
(b) The Fire Chief, the Building Inspector or the Police Chief, or their assistants, may issue a citation and summons to any person in violation of this section. In addition, any incinerator operated in violation of this section is hereby declared to be a nuisance and may be abated, in addition to the prosecution and penalty provided in this chapter.
(c) Incinerators which are permanently banned from use shall have all openings, ash pits, chutes, loading doors and other openings permanently fixed in a closed or inoperable condition.
(d) Whoever violates or fails to comply with any of the provisions of this section is guilty of a minor misdemeanor and shall be fined not less than $150 for a first offense; for a second offense, such person is guilty of a misdemeanor of the third degree and shall be fined not less than $500 or imprisoned not more than 60 days, or both; for a third offense, such person is guilty of a misdemeanor of the second degree and shall be fined not less than $750 or imprisoned not more than 90 days, or both; for a fourth offense, such person is guilty of a misdemeanor of the first degree and shall be fined not less than $1,000 or imprisoned not more than 180 days, or both. Each day during or on which any such violation occurs shall constitute a separate offense.
(Ord. 97-9. Passed 4-15-97; Ord. 2023-38. Passed 7-18-23.)