[HISTORY: Adopted by the Borough Council
of the Borough of Taylor 12-10-2014 by Ord. No. 7-2014. Amendments noted where
applicable.]
This chapter may be cited as the "Taylor Borough Burning Ordinance."
The purpose of Taylor Borough in adopting this chapter is to
regulate and prohibit the burning, ignition and combustion of rubbish,
garbage and other materials within the Borough of Taylor, and to promote
and protect the health, safety and welfare of its residents.
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Taylor, Lackawanna County, Pennsylvania, a
duly authorized and incorporated political subdivision of the Commonwealth
of Pennsylvania.
The members of the Borough Council of the Borough of Taylor,
Lackawanna County, Pennsylvania.
A man-made structure, whether it is permanent or temporary,
utilized for sheltering people, animals, and property or business
activity. The term "building" and the term "structure" are used interchangeably
in this chapter.
To ignite or set on fire any material for the purposes of
disposing/reducing such material, creating heat or creating light.
Any chartered, volunteer fire department located within the
Borough of Taylor, Lackawanna County, Pennsylvania.
A pit dug into the ground, or made from stones, masonry or
metal for keeping a fire used in cooking or warmth.
Any putrescible animal or vegetable matter, fruit, meat or
other food substances, both liquid and solid, which are subject to
decay, which result from the handling, preparation, cooking, serving
or consumption of food and food containers.
A gated utensil used for broiling food over a fire.
Gases, smoke or fumes resulting from burning which are harmful
or injurious to the health or physical well-being of persons, or that
cause sickness or persons.
Any natural person, partnership, firm, company or corporation.
The Police Department and its officers of the Borough of
Taylor, Lackawanna County, Pennsylvania.
Garbage, rubbish and trade waste.
Any individual person over the age of 18 years of age who
is mentally competent.
Any solid, discarded waste materials, including but not limited
to scrap, metal, furniture, windows, boxes, crockery or paper, tires,
rubber, plastics, rags, clothing, leather, carpets, excelsior, ashes,
tree leaves, yard trimmings, brush, tin cans, glass, masonry and other
similar items.
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 plastic products, cartons, paint, grease
oil, and other petroleum products, chemicals, cinders and other forms
of solid or liquid waste materials.
The hard fibrous material that forms the main substance of
the trunk or branches of a tree or shrub, including but not limited
to tree branches, timber, boards, tree logs, kindling, charcoal and
other similar items.
A.
No person shall burn, ignite or cause to be burned any rubbish, garbage
or any other material within the right-of-way of any public street,
alley, road or public way.
B.
No person shall burn, ignite or cause to be burned any garbage, rubbish,
refuse or trade waste on any private land or public land within the
Borough of Taylor, whether or not such burning occurs within the confines
of a building or outside the confines of a building.
C.
No person shall burn, ignite or cause to be burned any wood or wood
products on any private land or public land within the Borough of
Taylor, outside the confines of a building, except as otherwise set
forth herein.
D.
No nonresidential business or operation, including but not limited
to commercial, institutional, or industrial establishments, shall
burn, ignite or cause to be burned any materials, whether the materials
are garbage, refuse, wood, trade waste or rubbish, or whether it is
inside or outside the confines of a building, unless such an establishment
has a permit from the Pennsylvania Department of Environmental Protection,
or any successor agency, to burn such materials.
Nothing contained in §§ 71-4 and 71-5 herein shall be construed to apply to the use of any standard, commercially designed, noncombustible grill used for the noncommercial preparation of food to be consumed on the premises; or any fire pit that are fully contained within a screened chiminea or an aboveground fire pit with screens subject to the following restrictions:
A.
Any grill or fire pit used within the Borough shall be constructed
and operated in a safe manner and shall not be located closer than
20 feet to any building, structure or property line.
B.
Only clean seasoned firewood or charcoal may be burned. No burning
of trash, leaves, brush, and pressure-treated wood or painted wood
is permitted.
C.
All openings in the container or fire pit must be covered with wire
mesh or other noncombustible screening materials that will prevent
the passage of sparks or embers.
D.
All fires shall be constantly attended by at least one adult person
until they are completely extinguished. A minimum of one portable
fire extinguisher with a minimum 4-A rating or other approved on-site
fire-extinguishing equipment, such as dirt, sand, water barrels, water
bucket or garden hose shall be available for immediate utilization.
E.
No such fire or container may be used on any porch, deck, balcony
or other portion of a building.
F.
Fires are not permitted during adverse wind and weather conditions.
G.
Fires shall not be permitted to smolder.
H.
All open fires as set forth herein shall be extinguished no later
than 12:00 midnight.
I.
Any fire permitted to burn in an unsafe manner under adverse weather
conditions, unsupervised, determined unsafe by the Fire Chief or police
officers(s), or in violation of any provision of this chapter, shall
be extinguished immediately upon demand by such official.
J.
No provision of this section shall be interpreted to prohibit burning
of appropriate fuels in residential fireplaces, barbecues, grills,
or small recreational fires that are fully contained within a screened
chiminea or an aboveground fire pit with screens.
K.
In the event there is a question as to the safety of the operation
or construction of any grill or fire pit within the Borough, the Fire
Chief or officer of one of the local fire departments shall be consulted
to inspect said structure.
No person shall deliberately set a fire for the purpose of removing,
razing or tearing down an existing building or structure.
The enforcement of the rules and regulations of this chapter
shall be carried out by the Police Department and/or Code Enforcement
Officer of the Borough of Taylor, in conjunction with and in coordination
with the fire department.
The Borough of Taylor and its agents, officials, and representatives
shall not, under any circumstances, be liable or responsible for damages
caused to any person or property by reason of the provisions of this
chapter, or by reason of the conduct of burning activity in compliance
or noncompliance with the terms and provisions of this chapter. The
person or party responsible for any such fire shall be solely responsible
for any and all damages caused as a result thereof.
A.
Any person who has ignited a fire contrary to the rules and regulations
set forth herein, shall upon notice by an officer of the Police Department
or member of the Fire Department or Code Enforcement Officer, immediately
distinguish the fire.
B.
Person(s) who do not immediately discontinue the violation of this
chapter, or who are repeat violators, shall be issued a citation by
an officer of the Police Department.
Persons who have been given a warning notice on one or more
occasion with respect to violations described in this chapter may,
at the discretion of the officers of the Police Department, be issued
a citation for violating the chapter.
Any regulations by the Commonwealth of Pennsylvania or the government
of the United States of America pertaining to burning of any materials
shall supersede the rules and regulations of this chapter where such
rules and regulations are more stringent than the rules and regulations
of this chapter.
Any fire training conducted by a Borough Fire Department or
another recognized public firefighting organization shall not be bound
by the rules and regulations of this chapter when such organization
is conducting firefighting training.
Any person who violates, or permits a violation of this chapter,
upon being convicted before a Magisterial District Judge, shall pay
a fine of not less than $100 and not exceeding $600, and any costs
incurred by the Borough of Taylor, and in default of payment of the
fine and costs, shall be subject to imprisonment in for a period not
exceeding 30 days. Each day of the violation shall be considered a
separate violation and offense.
