The burning of allowable material in the Borough of Summit Hill
can be done only on the following days and between the following hours:
Wednesday through Friday from 4:00 p.m. to 6:00 p.m.; Saturday from
12:00 p.m. to 3:00 p.m.; and in no event shall burning once begun
exceed 45 minutes in duration.
No material shall be burned for profit or for any other commercial
purpose.
The Council of the Borough of Summit Hill authorizes and it
shall be the duty of the line officers of Diligence Fire Company No.
1 of the Borough of Summit Hill to examine all places within the Borough
limits where a controlled burning is requested. In the discharge of
such duty, he or she may enter upon or into any private lane, alley,
vacant lot, backyard, or any other portion of the private property
of any person within the Borough of Summit Hill. No property owner
shall be allowed more than three controlled burns in one twelve-month
period.
Anyone within the Borough of Summit Hill who burns and any property
owner in the Borough of Summit Hill who allows burning on his or her
property shall be jointly and severally liable for any and all damages
incurred as a result of any burning.
Anyone who burns within the Borough of Summit Hill and any property
owner in the Borough of Summit Hill shall clean up and remove any
and all residues from the burning within 10 working days of the date
of the burning.
In the event anyone is engaged in illegal burning under the
provisions of this chapter, any line officer of the Fire Company or
member of the Borough of Summit Hill Police Department shall notify
said person that he or she is in violation of said chapter, and said
person shall immediately extinguish the fire. Upon failure to extinguish
the fire, the line officer or policeman shall summon the Fire Department
to extinguish the fire at the expense of the property owner.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Carbon County.