[HISTORY: Adopted by the Borough Council of the Borough of Coopersburg 10-12-1999 by Ord. No. 532. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- DOMESTIC REFUSE
- Tree branches, tree and shrubbery trimmings, leaves and similar yard waste, not including grass clippings.
- Any enclosed device specifically designed for burning any materials for the production of heat.
- All putrescible animal and vegetable matter resulting from the handling, preparation, cooking, and consumption of food.
- Any device specifically designed for the destruction by burning of refuse, sewage sludge, or any other combustible material. Incinerators must be screened or covered.
- OPEN FIRE
- A fire in which any material is burned in the open without containment, or in a receptacle other than a furnace; e.g., incinerator.
- Any individual, partnership, association, corporation, department, bureau, agency or other legal entity.
- Garbage, rubbish and trade waste.
- Solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, carpets, ashes, furniture, tin cans, rubber, glass, crockery, masonry, and other similar items.
- SALVAGE OPERATION
- Any business, trade or industry engaged in whole or in part in salvaging or in reclaiming any product or material, including but not limited to metals, chemicals, shipping containers or drums.
- TRADE WASTE
- All solid or liquid material or rubbish resulting from construction, building operations or the prosecution of any business, trade or industry, including but not limited to wood or wood products, plastic or plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders, and other forms of solid or liquid waste materials.
Within the Borough limits, no person shall:
Ignite or feed an open fire for the destruction of refuse or in the conduct of a salvage operation in any public or private place outside any building; or
Cause, suffer, allow, or permit the maintenance of any open fire for the destruction of refuse or in the conduct of a salvage operation on any property under his control outside of any building.
The following are exceptions to the aforementioned regulations:
When approved by the Pennsylvania Department of Environmental Protection (PADEP), open fires may be set in the performance of an official duty by an official of the PADEP for the protection of the public health, for the prevention or control of disease or pest, or the prevention of a fire or other hazard which cannot be abated by any other means.
Open fires may be set for the purpose of instructing or training of fire fighters upon permit issued by the Pennsylvania Department of Environmental Protection and provided that fire prevention supervision is provided by the fire department conducting the training exercise.
Open fires may be set for the purpose of cooking or heating or for decorative purposes, provided such fire is contained in a furnace, fireplace or other container designed for such use.
Exceptions may be made by the Borough Council upon approval of the Fire Official or other person charged with enforcement of this chapter, and a permit issued when, as and if, for some unusual circumstance, Council considers the situation falls within the intent of this chapter and will not create a nuisance or fire hazard. Permits shall be issued at a fee to be established by resolution of Council. The Fire Department must stand by during any special burning under this section and persons requesting a permit shall also be responsible for any expenses incurred by the Fire Department in excess of fee set forth hereinabove.
Any of the above exceptions permitting open fires may be temporarily suspended by resolution of Borough Council duly enacted or ratified at any regular or special meeting upon a finding that due to weather or atmospheric conditions the open burning of domestic refuse poses a risk of fire hazard. Notice of said resolutions shall be posted in Borough Hall and published in a newspaper of general circulation in the Borough of Coopersburg.
The Borough Council or their duly authorized representatives, or the members of the Police Department of Coopersburg Borough are hereby empowered to enforce the provisions of this chapter.
Any person who shall violate any provision of this chapter or resolution of this chapter of the Borough Council of Coopersburg adopted under the provisions set forth above, shall, upon conviction thereof, be sentenced to pay a fine of not less than $150 or more than $300 for the first offense, or a fine of not less than $300 or more than $500 for a second or subsequent offense, and/or undergo imprisonment for a term not to exceed 90 days.