[HISTORY: Adopted by the Borough Council of the Borough of
Littlestown 8-23-2022 by Ord. No. 705[1]. Amendments noted where applicable.]
This chapter shall be known as the "Borough of Littlestown Open
Burning Ordinance."
As used in this chapter, unless the context compels otherwise,
the following terms shall have the meanings indicated:
The Borough of Littlestown, Adams County, Pennsylvania.
Burnable materials shall include the following:
Wood. Includes any unpainted wood or wood product.
Fire Starters. Includes any commercially produced product that
is designed and marketed to start a fire, such as dun flame products,
fire and flavor products, and quickfire products. The products must
be nontoxic and does not include lighter fluid, gas, or other fire
accelerants.
The Code Enforcement Official or a Littlestown Borough police
officer.
An outdoor man-made appliance which uses charcoal, natural
gas, propane, or wood as the primary fuel source and is designed and
used for the purpose to cook food outdoors.
Odors or smoke that would be offensive to the typical human
being and which prevails longer than momentarily.
An outdoor, solid-fuel-burning, charcoal-burning, propane
or natural-gas-burning fireplace that may be constructed of stone,
brick, steel, concrete, clay or other noncombustible material that
is fixed to the real property. A fifty-five-gallon drum, made of any
material is specifically excluded from this definition.
The following is a partial list of those materials that are
classified as "nonburnable" under the guidelines of this chapter.
Plastic; rubber; oils; asbestos; composition boards; shingles;
felt paper; canvas; fiber glass; vinyl; or any similar materials;
or any combination of the above with any other materials.
Human or animal waste; sanitary napkins; diapers; food solids;
oil filters; or any other materials individually or in combination,
that emit smoke, or acrid, obnoxious, or toxic odors.
Grasses, green twigs, or leaves.
Fire accelerants and any gasoline.
Paper.
Cardboard and chipboard.
Excluded and not permitted to be burned are any wood that has
been chemically treated to prevent rot or moisture damage, or other
similar treatment; wood products that have a high glue content, such
as flakeboard or composition board; and wood products in combination
with any nonburnable materials.
The above is a partial list of those items and materials prohibited
under the guidelines of this chapter. Any other materials that do
not comply fully with the intent of this chapter, or otherwise create
a nuisance to people or animals are strictly prohibited.
A fire that is ignited outdoors.
Any individual or individuals, partnership, limited partnership,
association, corporation or other entity singular or plural, including
the responsible officers of any such entity.
A nonfixed, outdoor, solid-fuel-burning fireplace that may
be constructed of steel, concrete, clay or other noncombustible material.
A portable outdoor fireplace may be of open design or may be equipped
with a small hearth opening and a short chimney. A fifty-five-gallon
drum, made of any material is specifically excluded from this definition.
The legal boundary line between properties, except for where
the property abuts a street, which the curb line along the street,
or the edge of the pavement where no curb, shall act as the property
line.
No person shall burn any material of any kind in the Borough,
except as authorized by this chapter.
Cooking grills shall be allowed without any permit by any person
within the Borough. Notwithstanding that a permit is not required,
cooking grills shall be operated in a way as to not endanger any structure,
building, or other property, or in a way inconsistent with the manufacturer's
instructions for operation.
A.Â
Small, contained fires. Subject to this chapter, an adult property
owner or other adult authorized by the property owner may conduct
or allow an open fire on his or her property in accordance with the
following:
(1)Â
The fire must be contained entirely within a fixed outdoor fireplace
or a portable outdoor fireplace, which shall not exceed 36 inches
in width in any direction or diameter and must not be taller than
18 inches;
(2)Â
Whether fixed or portable, the fire must be located at a place where
no fire may endanger any structure, building, or other property, which
must be a minimum of 10 feet from any building or property line;
(3)Â
A wood burning fire source within 25 feet of any building or property
line shall have a screen of 1/2 inch small mesh and shall not produce
dirt, grit or flying debris;
(4)Â
Only burnable materials can be burned;
(5)Â
The burn must be supervised and maintained by an adult from the time
the burning commences until total extinguishment;
(6)Â
A permit must be obtained prior to any open fire occurring;
(7)Â
A minimum of one portable fire extinguisher with an ABC 5 lb. rating
or a continuous water source available for immediate utilization.
B.Â
Large, contained fires. Subject to this chapter, an adult property
owner or other adult authorized by the property owner may conduct
or allow an open fire on his or her property in accordance with the
following:
(1)Â
The fire must be contained entirely within a fixed outdoor fireplace
or a portable outdoor fireplace, which shall not exceed 60 inches
in width in any direction or diameter;
(2)Â
Whether fixed or portable, the fire must be located at a place where
no fire may endanger any structure, building, or other property, which
must be a minimum of 25 feet from any building or property line;
(3)Â
Whether fixed or portable, the fireplace must be completely contained
within the fireplace that has a minimum height of 12 inches around
the entire perimeter, but the height shall not exceed 24 inches;
(4)Â
Only burnable materials can be burned;
(5)Â
The burn must be supervised and maintained by an adult from the time
the burning commences until total extinguishment;
(6)Â
A permit must be obtained prior to any open fire occurring;
(7)Â
A minimum of one portable fire extinguisher with an ABC 5 lb. rating
or a continuous water source available for immediate utilization.
A.Â
Permits for open fires shall be obtained from the Borough on a form
to be prescribed and adopted by resolution of the Borough Council.
The application for permit to burn (open or barrel) shall constitute
notice to the Borough. The Borough Code Official shall forward one
copy of the application to the Borough Fire and Police Chief. Should
burning take place without a permit, a warning shall be issued.
B.Â
Any permit issued may be revoked, requiring the immediate extinguishment
of the open fire, for violations of the issued permit, for burning
nonburnable materials, or if, in the Code Official's sole judgment,
the fire poses a risk to life or property and to prevent or abate
the nuisances caused by such burning (a nuisance would be defined
as ash fallout, smoke accumulation in the area, or excessive odor).
C.Â
Permit fees will be set from time to time by a duly adopted resolution
of the Borough Council.
D.Â
Permits must be obtained by the property owner and shall designate
a person 18 years of age or older that shall supervise and control
the fire if the property owner is not present.
E.Â
Permits for contained fires shall be a one-time permit that will
be valid as long as the conditions that exist at the time of the permit
remain unchanged (i.e., location and vessel containing fire).
F.Â
The Code Official may condition a permit on such reasonable precautions
(such as relocation, type of fuel, etc.) as in the Code Official's
judgment would eliminate a nuisance during future use. Failure to
comply with the direction of the Code Official shall result in penalties
as set forth hereinbelow and possible revocation of the permit.
G.Â
In the event of a complaint or violation of this chapter, the Code
Official may condition future use of the fixed outdoor fireplace,
portable outdoor fireplace, or cooking grill on such reasonable precautions
(such as relocation, type of fuel, etc.) as in the Code Official's
judgment would eliminate any nuisance during future use. Failure to
comply with the direction of the Code Official shall result in penalties
as set forth hereinbelow.
The Borough Council may declare a fire ban emergency in Littlestown
Borough with or without consultation with the fire chiefs of the local
fire companies during a period of drought or other periods of high
risk to woodlands or property within Littlestown Borough.
A.Â
Any person, firm or corporation who shall violate any provision of
this chapter shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs as well as being banned from
any burning in the future. Each day that a violation of this chapter
continues shall constitute a separate offense.
B.Â
Each day's continuance of any violation of this chapter shall
constitute a separate offense, punishable by a like fine.
C.Â
Any person convicted of violating any of the provisions of this chapter
or neglecting to comply with any order or notice issued pursuant hereto,
upon conviction thereof, shall be required to reimburse any fire company
and/or Littlestown Borough for any and all expenses incurred by them
in responding to and containing said fire.
D.Â
Any person convicted of violating any of the provisions of this chapter
or neglecting to comply with any order or notice issued pursuant hereto,
upon conviction thereof, shall be subject to being prohibited to obtain
a future permit. The decision to permit after a violation shall be
in the discretion of the Code Official.
The proper officials of the Borough are hereby authorized and
empowered to take such additional action as they may deem necessary
or appropriate to implement this chapter.
The provisions of this Borough of Littlestown Open Burning Ordinance
shall be severable, and if any provision hereof shall be held to be
unconstitutional, invalid or illegal by any court of competent jurisdiction,
such decision shall not affect the validity of any of the remaining
provisions of the chapter.
The chapter shall become effective immediately upon enactment.
