[HISTORY: Adopted by the Borough Council
of the Borough of Dover 5-7-1979 by Ord. No. 1-79. Amendments noted where
applicable.]
[Amended 10-1-2018 by Ord. No. 2018-01]
No person or persons, except the Borough of
Dover, shall ignite, kindle, or maintain any fire upon any street,
sidewalk, alley, or public ground within the Borough of Dover or burn
or cause to be burned thereon any paper, boxes, rubbish, leaves, or
other materials or substance of any kind.
[Amended 10-1-2018 by Ord. No. 2018-01]
Except as permitted in § 77-6 of this chapter, no person or persons shall ignite, kindle, or maintain any fire or authorize any fire to be ignited, kindled, or maintained without a permit from the Borough issued in accordance with this chapter.
[Amended 10-1-2018 by Ord. No. 2018-01]
A.
All outdoor fires for which a permit is required and
has been obtained shall be governed by the following regulations:
(1)
Such fire may not be closer than 25 feet to any building.
(2)
Such fire shall be allowed to burn only between sunrise
and sunset.
(3)
Such fire shall be allowed to burn only when an adult
person is present to regulate and control the burning during the time
the fire is in existence.
(4)
Such fire must be attended at all times and adequately
contained. The person attending such fire must be equipped with necessary
tools to permit that person to effectively control the fire.
B.
The person obtaining the permit shall be responsible
to see that no materials such as tires, roofing materials, wet garbage,
or other substances or materials which are likely to emit noxious
odors, dense smoke, or be detrimental to the air quality of Dover
Borough are ignited in any such fire.
No person or persons shall ignite or feed an
open fire for the destruction of refuse or in the conduct of a salvage
operation or cause, allow or permit the maintenance of any such open
fire on any property under that person's control outside of any building.
Open fires may be kindled or maintained by an
official or public officer if such fire is necessary for the prevention
of fire hazard which cannot be abated by other means, for the protection
of public health or for the purposes of instructing personnel in fire
fighting under the direction of the Fire Company.
[Amended 10-1-2018 by Ord. No. 2018-01]
A.
Outdoor
fires may be ignited, kindled and maintained without a permit where
such fire is solely used for cooking food or for recreational purposes;
provided, however, that cooking or recreational fires shall not exceed
three feet by three feet in size or three feet in diameter.
B.
Any person
constructing or erecting a permanent structure for the purpose of
igniting, kindling, or maintaining cooking or recreational fires shall
obtain a building permit from the Zoning Officer prior to the construction
or erection of such structure.
C.
Any person
or persons igniting, kindling, or maintaining recreational fires not
requiring a permit shall comply with the following regulations:
(1)
Recreational
fires shall not be ignited, kindled, or maintained within 25 feet
of any building; provided, however, that a recreational fire ignited
and maintained in a fully enclosed portable fire pit may be located
not less than 15 feet from any building.
(2)
Recreational
fires shall not be ignited, kindled, or maintained when sustained
wind speeds exceed 15 miles per hour.
(3)
Recreational
fires shall not be ignited, kindled, or maintained during periods
imposed by Dover Borough that prohibit all outdoor fires.
(4)
The
person or persons igniting, kindling, or maintaining a recreational
fire shall provide a method (water, fire extinguisher, etc.) to immediately
extinguish the fire.
(5)
The
recreational fire shall, at all times while ignited, kindled, and
maintained, be supervised by a responsible adult individual 18 years
of age or older.
(6)
The
recreational fire shall be fueled only by natural wood or other appropriate
fuel, such as charcoal and fuel logs.
(7)
Materials
enumerated in § 77- 3B of this chapter shall not be used
as fuel for recreational fires.
(8)
Recreational
fires may be ignited, kindled, and maintained in burning appliances,
including, but not limited to, chimineas, patio warmers, and other
similar appliances and devices.
(9)
Any
recreational fire ignited, kindled, or maintained on open ground must
be surrounded by a metal, stone, or concrete ring.
D.
The regulations
governing recreational fires shall be applicable to outdoor fires
ignited for the purpose of cooking food.
Permits may be obtained from a borough official
designated by Dover Borough Council upon an application form provided
by the Borough Council. In the event that the permit is refused by
the person designated by the Borough Council, the applicant has the
right to appeal such denial to the Borough Council at its next regular
meeting by giving written notice to the Borough Council. A determination
as to whether or not the permit is to be granted shall be made by
Borough Council at that meeting.
The Borough Council may prohibit all outdoor
fires when atmospheric conditions or other local circumstances make
such fires hazardous to the public health and welfare.
[Amended 4-5-1999 by Ord.
No. 1999-1]
Any person or persons who shall violate or fail
to conform to any of the provisions of this chapter shall, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000, together
with cost of prosecution, or and in default of payment thereof be
sentenced to imprisonment for not more than 30 days. The imposition
of a penalty for the violation of this chapter shall not excuse the
violation nor permit it to continue. Each day shall constitute a separate
offense. The application of any fine or penalty under this section
shall not be held to prevent the borough from enforcing removal of
prohibited conditions by other legal action.
