Borough of East Stroudsburg, PA Chapter 71 Burning, Open

[HISTORY: Adopted by the Borough Council of the Borough of East Stroudsburg 11-7-1995 by Ord. No. 1039, approved 11-7-1995.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Codes and Code enforcement — See Ch. 73.

Zoning — See Ch. 157.

[1] Editor's Note: This ordinance also superseded former Ch. 71, Open Burning, adopted 3-21-1989 by Ord. No. 912, approved 3-21-1989, as amended.

§ 71-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated unless a different meaning clearly appears from the context:

BOROUGH

The Borough of East Stroudsburg, Monroe County, Pennsylvania.

OPEN FIRE

A fire outside of any building in which any material is burned in the open or in a receptacle other than in a grill used for the purposes of outside barbecues.

OUTSIDE BARBECUES

Any fire maintained in a commercially constructed grill or masonry constructed grill for the purposes of heating, cooking and preparing food for the purpose of consumption.

PERSON

Any individual, partnership, association, corporation, department, bureau, agency or other legal entity.

§ 71-2 Regulations.

Within the Borough limits, no person shall ignite, feed, cause, allow, permit or maintain on any property any open fire outside of any building for any purpose other than that specifically allowed for in § 71-3 below.

§ 71-3 Exceptions.

The activities prohibited in this chapter are subject to the following exceptions:

A. Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for:

(1) The prevention of a fire hazard which cannot be abated by other means; or

(2) The protection of public health.

B. Open fires shall be permitted at any time when the same is conducted during an official act or exercise, preapproved by the Borough Council or the volunteer Fire Department (Acme Hose Company No. 1).

C. Open fires shall be permitted at any time when the same is preapproved by the Borough Council or the Acme Hose Company No. 1 for the following purposes:

(1) Conducted by any person during an official scheduled training exercise in fire fighting/fire protection and control.

(2) Utilized as a ceremonial bonfire by any person during an official scheduled public event, such as school or university sponsored pep rally, etc.

D. It shall be lawful at any time to burn charcoal or wood fires kindled for the purpose of outside barbecues, provided that the fire is confined to the barbecue structure as defined in this chapter and is solely for the heating, cooking and preparing of food.

§ 71-4 Authority to extinguish.

Authority is hereby granted to the Acme Hose Company No. 1 to extinguish any fire within the Borough of East Stroudsburg when the Fire Chief of said Company deems that conditions warrant such action.

§ 71-5 Restrictions.

All other burning is strictly prohibited, with the exception of the activities in § 71-3.

§ 71-6 Enforcement.

[Amended 4-18-2000 by Ord. No. 1101, approved 4-18-2000]

The Borough Council of the Borough of East Stroudsburg hereby designates the Code Enforcement Officer, in addition to the Stroud Area Regional Police Department and/or police officers of that Department, to have the power to enforce the provisions of this chapter.

§ 71-7 Violations and penalties.

Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and, in default of payment, to imprisonment for a term not to exceed 30 days. Each day the violation exists shall constitute a separate offense.

§ 71-8 Effective date.

This chapter shall become effective 30 days after its enactment, and the same is hereby ordained and enacted at a regular meeting of the Borough of East Stroudsburg on this seventh day of November 1995.