[HISTORY: Adopted by the Borough Council of the Borough of
Clarion as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-12-2009 by Ord. No. 2009-763]
A.Â
BARBECUE BARREL
BOROUGH
CEREMONIAL FIRE
CHIMINEA
COMMERCIAL REFUSE
DOMESTIC (HOUSEHOLD) REFUSE
FIRE BOWLS, PATIO WARMERS, AND FIRE PITS
FIRE LOG
MANUFACTURED BARBECUE GRILLS
OPEN BURNING
OUTDOOR FIREPLACES
PERSON
RECREATIONAL FIRE
RECREATIONAL FIREPLACES
RECYCLABLES
STRUCTURE
TRADITIONAL BARBECUE GRILL
YARD WASTE
As used in this article, the following terms shall have the meanings
indicated:
A metal device used in the process of preparing food for
human consumption, which has been constructed by cutting in half,
from top to bottom, a fifty-gallon or similar-size barrel, which shall
be supported by metal legs or other noncombustible stand to a height
of at least 36 inches above ground level, and having a protective
screen or cooking surface of at least one-half-inch metal mesh.
The Borough of Clarion.
Any outdoor fire used in conjunction with an event sanctioned
or sponsored by an accredited or recognized military or religious
group or educational institution.
A freestanding, cylindrical clay or ceramic vessel raised
at least six inches above the surface upon which it is placed and
used for the burning of materials intended for the production of warmth.
Waste generated from the normal occupancy of a structure
used for commercial, industrial, institutional or municipal purposes
and shall not include any recyclable materials intended to be separated
from solid wastes as identified by Pennsylvania Act 101, the Resource
Recovery and Recycling Act.[1]
Waste generated by the normal occupancy of a structure used
for residential purposes and shall not include any recyclable materials
intended to be separated from solid waste as identified by Pennsylvania
Act 101, the Resource Recovery and Recycling Act.[2]
A manufactured metal bowl not more than 32 inches in diameter
or a manufactured metal pan not more than 36 inches in any dimension
intended primarily for the burning of materials for the production
of warmth.
A dried portion of tree or tree branch, or similar manufactured
material, not more than 24 inches in length and not more than eight
inches in diameter and intended for use in the production of recreational
fires.
Those apparatus or devices commonly purchased at department
stores, discount stores, hardware stores or other similar retail or
wholesale vendors and intended to be used for the preparation of food
for human consumption.
The process of consuming by fire, out of doors, any material
which produces a flame, ember and/or smoke at any time during the
combustion process, the contaminants of which are emitted to the outdoor
air.
Traditional residential fireplaces, normally contained within
a dwelling, constructed out of doors for the purpose of producing
warmth and a relaxing atmosphere, or other aesthetic purposes, and
intended to consume only natural gas, propane or fire logs in the
combustion process.
Includes any individual, group, firm, corporation, association
or partnership, or its officers, or any other legal entity.
An outdoor fire which is used for relaxation, the production
of warmth, ceremonial purposes or for the preparation of food for
human consumption.
A cylindrical metal vessel of varying heights and not exceeding
24 inches in diameter, intended primarily for the burning of materials
used in the production of warmth.
Items and materials that are identified as part of a municipal,
county or state recycling program.
Any man-made object or building, whether open or enclosed,
having an ascertainable stationary location on or in land or water,
whether or not affixed to the land.
An outdoor structure made of stone, brick or block, having
an enclosed flue or vent stack and a fire chamber enclosed on at least
three sides and intended for the burning of materials in the preparation
of food for human consumption.
Leaves, grass clippings, garden residue, shrubbery, freshly
cut tree branches or any other form of natural vegetation.
B.Â
All words and phrases, except as defined in this article, shall be
as to their normal and customary usage, unless the text clearly indicates
otherwise.
A.Â
There shall be no outdoor burning or recreational burning conducted
within the Borough of Clarion except as provide in this article. Exclusions:
(1)Â
A fire set to prevent or abate a fire hazard when approved by the
Pennsylvania Department of Environmental Protection's Regional
Air Quality Program Office and set by, or under the supervision of,
a public officer.
(2)Â
A fire set for the prevention or control of disease or pests when
approved by the Pennsylvania Department of Environmental Protection's
Regional Air Quality Program Office.
(3)Â
A fire set solely for ceremonial purposes.
B.Â
At no time may any outdoor or recreational fire be ignited or allowed
to burn directly upon the ground.
C.Â
Materials used in the burning process may include only natural gas,
propane, charcoal, untreated wood, dried tree branches or logs, or
fire logs.
(1)Â
At no time may burning materials include recyclable materials, rubber,
plastic, Styrofoam, leather, vinyl, any petroleum-based materials
or products, treated lumber, commercial or domestic refuse, yard waste
other than small dried tree branches for kindling, gasoline, kerosene,
motor fuels, fuel oils, any materials prohibited by the Pennsylvania
Department of Environmental Protection or any other noxious materials.
D.Â
Only those noncombustible devices specifically constructed or manufactured
for the purpose of containing an outdoor or recreational fire, such
as, but not limited to, chimineas, fire bowls, patio bowls, recreational
fire pits, recreational fireplaces, traditional barbecue grills, manufactured
barbecue grills, outdoor fireplaces or barbecue barrels, may be used
for outdoor burning or recreational fires.
E.Â
A fire set solely for ceremonial purposes must be approved by Clarion
Borough Council as a special event upon the recommendation of the
Fire Chief, Chief of Police, and the Zoning Officer.
F.Â
All outdoor and/or recreational fires must be conducted with consideration
for uncontrollable factors such as dry ground conditions and excessive
wind, especially during a time when a burn ban is in effect.
G.Â
Combustible structures and materials, other than those used in the
combustion process, shall not be exposed to fire by the use of outdoor
and/or recreational fires.
H.Â
Any outdoor or recreational fire may not produce any noxious emissions
or odors.
This article shall be administered and enforced by any member
of the Clarion Borough Police Department, the Clarion Borough Zoning
and/or Code Enforcement Officer or any person designated by the Clarion
Borough Manager.
Any person who violates any of the provisions of this article
shall be guilty of a summary offense and shall be subject to a fine,
upon conviction by a Magisterial District Judge, of a minimum of $50
and a maximum of $500 or, upon failure to pay the required fine, confinement
in the Clarion County Jail for a period of time not less than three
days nor more than 30 days.
[Adopted 6-2-2009 by Ord. No. 2009-764]
A.Â
BOROUGH
COMMERCIAL STRUCTURE
OUTDOOR FUEL-BURNING APPLIANCES AND DEVICES
PERSON
RESIDENTIAL STRUCTURE
As used in this article, the following terms shall have the meanings
indicated:
The Borough of Clarion.
Any building or structure, or any accessory building or structure,
used primarily for commercial, industrial, institutional, religious
or municipal purposes.
Any device, building or structure, including any furnace,
stove, boiler or any similar device, designed or constructed to burn
oil, wood, coal or any other combustible materials, erected out of
doors or within an accessory structure or building and intended for
the purpose of heating a commercial or residential structure or for
the purpose of the heating of water for use in any commercial or residential
structure.
Any individual, group, firm, corporation, association, partnership,
or its officers, or any other legal entity.
Any building or structure used for human habitation as a
single-family, two-family or multifamily dwelling and any building
or structure accessory to these uses.
B.Â
All words and phrases, except as defined in this article, shall be
as to their normal and customary usage, unless the text clearly indicates
otherwise.
Immediately upon the adoption of this article, the erection
and/or use of any outdoor fuel-burning appliance or device, except
as provided in this article, shall be expressly prohibited within
the Borough of Clarion.
This article shall not be construed to be retroactive and shall
not require the immediate removal of any outdoor fuel-burning appliance
or device currently in use within the Borough of Clarion, however:
A.Â
Any preexisting outdoor fuel-burning appliance or device must be
equipped with a flue or chimney which has a minimum height of 35 feet
above the natural ground level upon which the device is erected;
B.Â
Any preexisting outdoor fuel-burning appliance or device must maintain
a minimum clearance of 25 feet from any adjacent commercial or residential
structure; and
C.Â
Any preexisting outdoor fuel-burning appliance or device shall be
prohibited from operation from May 1 through September 31 of any calendar
year.
Should any outdoor fuel-burning appliance or device be dismantled,
demolished, physically deteriorated or decayed by more than 50% or
such device shall be declared to be hazardous or unsafe, then any
rebuilding or restoration of such device shall be prohibited, and
such device shall be considered to be in violation of the provisions
of this article.
This article shall be administered and enforced by the Clarion
Borough Zoning and/or Code Enforcement Officer or by any other person
or entity designated by the Clarion Borough Manager.
Any person who violates any of the provisions of this article
shall be guilty of a summary offense and shall be subject to a fine,
upon conviction by a Magisterial District Judge, of not less than
$300 nor more than $1,000 or, upon failure to pay the required fine,
to confinement in the Clarion County Jail for a period of time not
less than 90 days. Each day's continuance of a violation shall
be considered a separate and enforceable offense.