[HISTORY: Adopted by the Borough Council of the Borough of Danville 6-10-1986 by Ord. No. 310 (Ch. 68 of the 1975 Code); amended in its entirety 8-2-2022 by Ord. No. 574. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
BONFIRE
A fire pile that is more than two feet wide in all directions and greater than two feet in height, which is used primarily for celebratory purposes.
OPEN BURNING
The burning of material where products of combustion are emitted directly into the ambient air without first being surrounded by a noncombustible barrier and without traveling through a device designed to limit the escape of ambers and ash. Road flares, smudge pots, and similar devices associated with safety or occupational uses are exempted.
All fires on private property in the Borough of Danville shall comply with the following:
A. 
Fires shall be located not less than 15 feet from any structure.
B. 
Fires shall be located not less than 10 feet from any property line.
C. 
Fires shall be confined to an area that is surrounded by a noncombustible barrier.
D. 
Fires shall be fueled only by charcoal, liquid propane, natural gas, or non-pressure-treated wood.
E. 
The size of all fires shall be less than two feet wide in all directions and no greater than two feet in height.
F. 
No fire shall produce smoke that constitutes a public nuisance or interferes with others' quiet enjoyment of property.
G. 
An outdoor water supply or equivalent extinguishing agent shall be available in the vicinity of the fire throughout the duration of burning.
H. 
A responsible adult shall be in attendance until the fire is fully extinguished.
I. 
The burning of municipal waste, as defined in Chapter 207 of the Code of Ordinances of the Borough of Danville, including pressure-treated wood, animal waste, and/or rubbish, is prohibited.
J. 
Fires shall not be permitted between the hours of 12:00 midnight and 7:00 a.m.
K. 
Fires at commercial campgrounds shall not be built less than eight feet on center of the fire pile from any vehicle or travel trailer and must comply with all other provisions listed herein.
A. 
Outdoor fuel-burning appliances designed to burn oil, wood, coal, or other fuels manufactured for placement and use out of doors for the heating of a living space, workspace, and/or recreational area within a structure are prohibited.
B. 
The use of commercial outdoor cooking appliances shall be operated no less than five feet from a structure and maintained so as to prevent the buildup of grease and debris and prevent the release of any hot embers or ash or in accordance with the manufacturer's guidelines for safe operation are permitted.
C. 
Commercial liquid propane or natural gas heating devices and commercial liquid propane or natural gas lighting devices operated in accordance with the manufacturer's guidelines for safe operation are permitted.
Bonfires shall be permitted only on private property in the Borough of Danville, subject to the following:
A. 
No later than two weeks before the hosting of a bonfire, the property owner on whose property the bonfire will take place shall submit an application for a permit, on a form provided by the Borough of Danville, to the Police Department of the Borough of Danville, along with a fee, as set by Borough Council from time to time. The application shall set forth the following:
(1) 
The address where the bonfire will take place and the zoning district in which the property is located.
(2) 
The name and address of the person who is responsible for the bonfire.
(3) 
The approximate size of the bonfire and the hours of duration of the bonfire.
(4) 
A description of the surface on which the bonfire will take place.
(5) 
The distance of the bonfire to the nearest property lines.
(6) 
The proposed means to contain the bonfire.
(7) 
The manner and means for extinguishing the bonfire, which will be available during the duration of the bonfire.
B. 
After internal review by the Chief of Police of the Borough of Danville, the application shall be reviewed by the Fire Chief of the Danville Fire Department, who may set additional conditions with regard to the bonfire, including whether fire apparatus should be present at the bonfire. A fee in an amount set by Borough Council from time to time will be charged for the presence of fire apparatus at the bonfire, which fee shall be made payable to the Danville Fire Department. Thereafter, written notification shall be issued to the applicant granting or denying the request.
C. 
After the issuance of a permit, if a fire ban is issued and in effect for the Borough of Danville, or if the Fire Chief of the Danville Fire Department determines that weather conditions on the date that the bonfire is scheduled present a danger to property or persons, the permit shall be revoked by the Borough of Danville.
Bonfires are permitted on the property of the Danville Area School District, subject to the provisions of § 94-4 of this chapter and application and issuance of a permit, as provided for herein.
A. 
No person, persons, corporations, companies, or entities shall set or maintain any fire upon any of the streets, sidewalks, alleys, or public grounds of the Borough of Danville without the written permission of the Chief of Police of the Borough of Danville. An application for a permit, on a form provided by the Borough of Danville, shall be submitted to the Police Department of the Borough of Danville, along with a fee, as set by Borough Council from time to time, the application shall set forth the following:
(1) 
The address where the fire will take place.
(2) 
The name and address of the person who is responsible for the fire.
(3) 
The approximate size of the fire and the hours of duration of the fire.
(4) 
A description of the surface on which the fire will take place.
(5) 
The distance of the fire to the nearest property lines.
(6) 
The proposed means to contain the fire.
(7) 
The manner and means for extinguishing the fire, which will be available during the duration of the fire.
B. 
After internal review by the Chief of Police of the Borough of Danville and the Fire Chief of the Danville Fire Department, written notification shall be issued to the applicant granting or denying the request.
It shall be the duty of the Police Department of the Borough of Danville to enforce the provisions of this chapter.
Any person violating this chapter shall, upon conviction in a summary proceeding, be sentenced to pay a fine not in excess of $1,000, to be paid to the use of the Borough of Danville, together with costs of prosecution, or to be imprisoned for not more than 10 days, or both. Each day of violation shall constitute a separate offense.
In the event that any provision of this chapter is declared unconstitutional, unlawful, or unenforceable by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of this chapter or of this chapter as a whole, but such shall continue in full force and effect as though the unconstitutional, unlawful, or unenforceable provision had never been a part hereof.