[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.
A. 
The fee for a burning permit shall be as set by resolution of the Borough Council.
[Amended 4-5-1999 by Ord. No. 1999-1]
B. 
All permits shall be valid for a period of 15 days.
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.