[HISTORY: Adopted by the Borough Council of the Borough of
Walnutport 1-14-2010 by Ord. No. 2010-01. Amendments noted where applicable.]
This chapter shall be known and may be referred to as the "Walnutport
Borough Open Burning Ordinance."
This chapter is being adopted to promote the public health,
safety and welfare within the Borough of Walnutport; and to secure
the safety of persons and property within the Borough regulating open
burning and providing penalties for the violation of such regulations.
As used in this chapter, the following terms shall have the
meanings indicated:
An outdoor fire utilized for ceremonial purposes.
The burning of any materials for profit, or the burning of
materials, at a commercial site, associated with the business, trade,
or profession being conducted on that site.
Any fire contained in an incinerator, burn barrel, fireplace
or cooking grill or other contained enclosure designated for outdoor
cooking, or a fireproof container.
The fire chief of the Borough of Walnutport and any member
of the Walnutport Police Department, and the Walnutport Borough Code
Enforcement Officer shall be designated Enforcement Officers under
this chapter. Any citation must be issued by a police officer.
Any fire set or maintained outside of a building at any stage,
including but not limited to smoldering or open flame.
The burning of any materials wherein products of combustion
are emitted directly into the ambient air without passing through
a stack or chimney from an enclosed chamber. For the purpose of this
definition, a chamber shall be regarded as enclosed, when, during
the time combustion occurs, only apertures, ducts, stacks, flues or
chimneys necessary to provide combustion air and permit the escape
of exhaust gas are open.
Any individual, organization, corporation, partnership, governmental
agency, association, or other legal or commercial entity.
An outdoor fire utilized to cook food for human consumption.
Any fire not included in the definition of a "contained fire"
or a "recreational fire."
It shall be unlawful for any person to cause or allow open burning
and commercial burning within the municipal boundaries of Borough
of Walnutport except as is provided for in this chapter. No person
or persons, partnership, firm or corporation or other legal entity
shall burn in the open or in any container trash, refuse, paper, leaves,
branches, twigs, wood, metal, or other waste materials of any kind
whatsoever, including weeds, crops or other vegetable matter, whether
living or dead, within the limits of the Borough of Walnutport.
A.
Open burning shall be allowed in the following instances without
obtaining a permit, from the Borough of Walnutport:
(1)
Any recreational fire, the sole purpose of which is to cook or prepare
food, provided that said fire is confined in a fireproof container
which shall include but not be limited to a patio stove, cooking grill,
chimineas or factory-built novelty stoves.
(2)
If smoke, ash, or smell omitting from such patio stove, cooking grills,
chimineas, or factory built novelty stoves becomes objectionable or
offensive to neighboring properties, the Fire Official, Police or
Code Enforcement Officer may suspend the operation of same.
(3)
Materials may be burned by the Borough Fire Department for training
of its members only. Said burning, however, shall only be permitted
in specifically designated areas which receive prior approval of Borough
Council and which locations shall not be near or in close proximity
to any streets.
B.
Open burning shall be allowed in the following instances only after
a permit is obtained from the Borough of Walnutport:
(1)
Bonfires for ceremonial purposes provided Borough Council receives
written notice and issues an approval at least 30 days prior to the
date of the bonfire. No fee shall be charged for the issuance of a
permit as set forth below.
C.
At no time shall any open burning be allowed to occur unattended
without a reasonable adult being present at all times nor without
a sufficient water source and/or fire extinguisher available to extinguish
the fire.
At the order of the Borough with the recommendation of the Fire
Chief, all open burning shall cease immediately due to dry conditions
which could cause a threat to the community, any such prohibition
will be published in a newspaper of local circulation. In addition,
any open burning ban instituted by the County of Northampton shall
supersede the provisions of this chapter.
Any person, whether as principle, agent or employee, or otherwise
violating or assisting in the violation or any of the provisions of
this chapter shall, upon conviction thereof, by similar proceedings,
before any Magisterial District Judge, be sentenced to pay a fine
of not less than $300 nor more than $1,000, together with the costs
of prosecution. Each violation of any provision of this chapter shall
constitute a separate offense, for which a summary conviction may
be brought.
The Borough of Walnutport and its agents, officials, and representations,
shall not, under any circumstances, be liable or responsible for damages
caused to any person or property by reason of the provisions of this
chapter, or by reason of conduct of any burning activity in compliance
with the terms and provisions of this chapter. The individual person
or party responsible for any such fire shall bear sole liability for
any damages caused as a result thereof.
