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