Borough of Bonneauville, PA Chapter 70 Burning, Open

[HISTORY: Adopted by the Borough Council of the Borough of Bonneauville 7-20-1982 (Ch. 7, Part 1, of the 1994 Code). Amendments noted where applicable.]

§ 70-1 Times and conditions when outdoor fires permitted.

No person, firm, partnership or corporation shall set or start or maintain or permit any fire anywhere within the Borough of Bonneauville except as follows:

A. Outside burning shall be permitted in any approved container covered with wire mesh located at least 15 feet from any structure or building.

B. Outside burning shall be permitted between the hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday, and at no other times.

§ 70-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BURNING and FIRE

Includes smoking and smoldering ash or debris and any smoking or smoldering during prohibited hours shall be a violation of this chapter.

§ 70-3 Enforcement.

This chapter will be enforced by the Borough Police, if any, the Mayor, or in the Mayor's absence, the Borough Manager.

§ 70-4 Permission to burn certain items.

Written permission from the Fire Chief shall be required for persons to burn fence rows, trees, stumps or any other item too large to fit in any approved container as mentioned hereinabove.

§ 70-5 Person to be present during burning.

All burning as permitted hereunder must be attended by a person 12 years of age or older who must, except for reasonable short absences, attend said fire or burning or smoking or smoldering until said burning is totally extinguished.

§ 70-6 Violations and penalties.

[Amended 4-19-1994 by Ord. No. 69; 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 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 Adams County.

§ 70-7 Declaration of fire bans.

In the event the County Fire Marshal declares a ban on burning, the Borough of Bonneauville will adhere to the ban; and the Fire Chief shall issue any exemptions in writing at his discretion.